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Home My WebLink About2019-03-27 CC Packet CITY OF CENTERVILLE CL" ,. JOINT COMMITTEE WORK SESSION, teryzCWe rslRiks�ce Ws'- CITY COUNCIL MEETING & CLOSED EXECUTIVE SESSION AGENDA Wednesday, March 27, 2019 JOINT COMMITTEE WORK SESSION (5:30 PM) L CALL TO ORDER 1. Roll Call a. City Council b. Planning Commission C. Economic Development Authority d. Parks and Recreation Committee H. ITEMS OF DISCUSSION 1. 2019 City Goals III. ADJOURNMENT COUNCIL MEETING (7:00 PM) I. CALL TO ORDER 1. Roll Call H. PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA IV. APPOINTMENTS/PRESENTATIONS 1. None V. PUBLIC HEARING 1. Wellhead Protection Plan, Mark Janovec, Senior Scientist, Stantec (Pg. 18) 2. SWPPP/MS4 (Pg. 23) VI. APPROVAL OF MINUTES 1. March 13, 2019 City Council Meeting Minutes (Pg. 25) VII. CONSENT AGENDA 1. City of Centerville February 28, 2019 through March 27, 2019 Claims (Check 41318E-1321E &32521-32544) (Pg. 30) 2. Centennial Lake Police Department Claims through March 13, 2019 (Check 412523-12540), Payroll Check#12520-12522 (Pg. 32) 3. Centennial Fire District Claims through March 20, 2019 (Check#8468-8492), Payroll Check#8476-8479 & 8482, U.S. Bank& Voided Check#8480-8481 (Pg. 33) 1 4. Centerville Lions Special Event Permit Application (Private Property),April 26, 2019 @ St. Genevieve's Comm. Parish Center, 6995 Centerville Road(Pg. 35) a. Temporary On Sale Liquor License b. Raffle Permit(LG220) 5. Hollywood Pyrotechnics (Fete des Lacs Fireworks Display) (Pg. 48) 6. Personnel Policy Changes—Addition of Non-Core Benefit Offerings (Pg. 51) 7. Approval of Contract—Leo A Daly—City Hall Renovation Design (Pg. 54) 8. Successful Completion of Year 6, Building Inspection Mr. Dan Schmitz— Authorization for Step Increase to Step 9, Grade 6 VIII. OLD BUSINESS 1. Water Hook-up Ordinance Discussion (Pg. 72) a. $1,500 Rule b. Unassessed parcels who did not receive notification (Pg. 76) IX. NEW BUSINESS 1. To he handled after Closed Executive Session X. COUNCIL/ADMINISTRATOR ANNOUNCEMENTS 1. Administrator/Engineer Report (Pg. 77) XI. RECESS TO CLOSED EXECUTIVE SESSION CLOSED EXECUTIVE SESSION This portion of the meeting is closed to develop or consider the asking price, and consider offers or counteroffers for the sale of real property located at 2021 Commerce Drive. The closure is pursuant to Minnesota State Statute Section 13D.05, subdivision 3(b) **Read Into Record** I. CALL TO ORDER 1. Roll Call II. ITEM OF DISCUSSION 1. Purchase Agreement—2021 Commerce Drive III. ADJOURNMENT COUNCIL MEETING XII. RECONVEINE REGULAR MEETING XIII. NEW BUSINESS (Continued) 1. Purchase Agreement—2021 Commerce Drive (Pg. 83) XIV. ADJOURNMENT 2 INFORMATIONAL MATERIAL � 2019 League of Minnesota Cities Fiscal Conditions Survey Results (Pg. 97) MEETING REMINDERS Planning & Zoning Commission(Joint Mtg. w/EDA) —Tuesday, April 2, 2019—6:30 p.m. City Hall Parks and Recreation Committee—Wednesday, April 3, 2019— 6:30 p.m. City Hall City Council—Wednesday, April 10, 2019—6:30 p.m. City Hall Fete des Lacs Committee—Monday, April 15, 2019—6:00 p.m. City Hall Economic Development Authority—Wednesday, April 17, 2019— 6:30 p.m. City Hall 3 Ol r-I O N 1 N 2 C-oN ; �l O C)q] • „.. 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Ln bjD QJ CU u u E to QL U N C6 u 0 0 —i 4-j aj -0 4-j (31 U- -0 +, Ln cc QJ� v U QJ Ln cu E o o 'A -0 ObD Qj c: o —ai -@ " (U x ai ai E Lu LU In 0 < < �V AAA AAAA ,,. �� v f%�/rrf // , �;�, �� °� ��f� w,��r � �1�, f �, ,� T� O v V CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION ` , tery Ife Agenda Item# Department: Requested Council Meeting Date: V.1 Engineering/Public Works March 27, 2019 TITLE OF ISSUE: Wellhead Protection Plan Public Input Meeting BACKGROUND AND SUPPLEMENTAL INFORMATION: See attached staff memo. COST AND SOURCE(S) OF FUNDING: Costs for the preparation of Part I of the WHPP were previously allocated. REQUESTED COUNCIL ACTION: Hold a Public Input meeting to receive public comment on Part 1 of the Wellhead Protection Plan. No further Council action is required at this time. For Clerk's Use: SUPPORTED DOCUMENTS ATTACHED Motion By: Resolution Ordinance Contract Minutes Plan Map Second By: X Vote Record: Ave Nay Lakso Other(specify) Staff memo Love Paar Koski Montain Administration Department Use: Refer to: Consent Tabled Until: Regular Other: 18 PUBLIC NOTICE - INFORMATION MEETING NOTICE IS HEREBY GIVEN that the Centerville City Council invites all interested parties to attend a public informational meeting to be held at its regularly scheduled Council Meeting of Wednesday, March 27, 2018 commencing at 7 p.m. or shortly thereafter, in Council Chambers of City Hall, located at 1880 Main Street. The purpose of the meeting is to review the recently amended and approved Part 1 Wellhead Protection Plan. The Wellhead Protection Plan is designed to continue Centerville's efforts to prevent human-caused contamination from entering the public water supply wells. The plan identifies the area of the groundwater aquifer that supplies water to the community's wells over a 10-year period. The results of the Part 1 Wellhead Protection Plan will be used to establish an updated management plan to reduce contamination risks within the area. The amended management plan will be in effect for the next 10 years. Please feel free to contact the City (651) 429-3232 if you have any questions or if you need additional information regarding the above stated item. Published in the Quad Community Press on March 12, 2019 Teresa Bender, City Clerk 19 PUBLIC INFORMATION MEETING CITY OF CENTERVILLE PART 1 WELLHEAD PROTECTION PLAN March 27, 2019 BACKGROUND: Wellhead protection is a means by which public water suppliers can protect the groundwater resources that supply drinking water to the community's wells. This is accomplished by identifying the capture zone of the wells and identifying any potential sources of contamination that may lie within that capture zone. A management plan is then established to help reduce the risks of contamination impacting the aquifer(s). Wellhead protection planning is a requirement that was established by the U.S. Environmental Protection Agency(EPA) as part of their amendment to the Safe Drinking Water Act in 1986.The EPA has left the individual states in charge of administering the wellhead protection program. In Minnesota, the program is administered by the Minnesota Department of Health (MDH), with the rules established and adopted in 1997.The MDH requires that all public water suppliers in Minnesota develop and implement a wellhead protection plan. The City of Centerville originally developed a Wellhead Protection Plan ten years ago. All public water suppliers are required to amend their plan every ten years to take into account changes with water usage, changes in land use, and changes with potential contamination sources.The amended plan must be completed by February 28, 2020. The Part 1 Wellhead Protection Plan contains the following elements: 1. The capture zones of the City's wells have been identified, using a computer groundwater model.These capture zones identify what portion of the aquifer(s) supply water to the City's wells over both a 1-year period and a 10-year period. 2. Using the capture zones generated by the model,the Drinking Water Supply Management Area (DWSMA) is defined using identifiable land surface features, such as roadways, parcel lines, and other land survey lines.The DWSMA is the area of land that the City will development a management plan for in the Part 2 process. 3. The vulnerability of the aquifer(s) underlying the DWSMA has been identified, using available geologic information. The DWSMA has been identified as having a "moderate" level of vulnerability to contamination. Geologic data shows that some protective layers exist between the land surface and the aquifer, but these protective units do not meet the required thickness to designate the aquifer as "low"vulnerability.The possibility exists that some contaminants could infiltrate through these protective layers. 20 The results of the Part 1 Wellhead Protection Plan are used to develop the amended Part 2 Wellhead Protection Plan.The Part 2 plan entails the creation of an inventory of potential contamination sources within the DWSMA and the development of a management plan to mitigate risks of the aquifer(s) becoming contaminated. Because Centerville's DWSMA is ranked as "moderate" in vulnerability,the inventory of potential contamination sources will be focused primarily on other groundwater wells and on large petroleum storage tanks. The completion of the Part 2 Wellhead Protection Plan will provide the City with several tools, including the eligibility to receive grant money to manage the DWSMA and protect local drinking water supplies. The draft Part 2 Wellhead Protection Plan will be presented in a public hearing to be held later in the year.The general public will be given another opportunity to comment on the plan at that time. RECOMMENDATION: The City Council is required to present the amended Part 1 Wellhead Protection Plan results to the general public in the form of a public information meeting. At this time,the Council may wish to receive any comments or questions from the public regarding the Wellhead Protection Plan. COUNCIL ACTION: Council does not need to take any further actions at this time. Following the MDH's approval of the Part 2 plan in late 2019 or early 2020, Council will be asked to formally adopt the approved plan at that time. 21 ' Mn'nifM�1118hhRVYIN7�'L!L'W" li�RlW �lll WII ZdGZ— 1 _ a NQ NQLu LLI m y o x LL Of a E E o E Q Q Q II�UWd kll��,.1'11 Vuu LLJ z `= o oU) _O �vEo C O co LL_ LLJ U) LLJ o.3=_ ii CI) � LL LLJ O w Q CD O L L Q o m a d CD — � U � w cn 2N z Q C7 F co %Yl W w W z w_ Z 2i J M J Q a - U M o � w z z a F- 2 w Q Q U w D U " r wwco — M f J m LJ > V LU n I 1 /Jf1 lr I a Z �' J _O LU U / LLJ Jl O D W Q N W N LU LU i > 1 M W LV z r � z LU ! / oil 'W I) r o, F z, ,/O r ,✓t�/.;;. /� ,IIM,^".''AWPrdr`fU: YN.''&'1'� ( M (� Q li r OMya+U/ ( ry � U �r5� � ✓�` ?°� II LL 6 r F i o W J w i N f� 0� � I ( ¢ S a) aM Cn UIN r n � NN I f r il. � r I ✓YD F10 �1V > o fH Z ° �v I ------------- rd' 2 d m 'Coo COED I � CITY OF CENTERVILLE REQUEST FOR ir COUNCIL ACTION ` , tery Ife Agenda Item# Department: Requested Council Meeting Date: V.2 Engineering/Public Works March 27, 2019 TITLE OF ISSUE: Municipal Seperate Storm Sewer System (MS4) Public Hearing BACKGROUND AND SUPPLEMENTAL INFORMATION: Each year municipalities who are classified as MS4's are required to hold a public input meeting, to present and take public comment on their MS4 program. This requirement is part of our program's Minimum Control Measure 11 (Public Participation). The city engineer will present information on the City's MS4 program as required. COST AND SOURCE(S) OF FUNDING: No direct cost REQUESTED COUNCIL ACTION: Hold a Public Input meeting to receive public comment on the City's MS4 Program. No further Council action is required at this time. For Clerk's Use: SUPPORTED DOCUMENTS ATTACHED Motion By: Resolution Ordinance Contract Minutes Plan Map Second By: Vote Record: Ave Nay Lakso Other(specify) Love Paar Koski Montain Administration Department Use: Refer to: Consent Tabled Until: Regular Other: 23 PUBLIC NOTICE - INFORMATION MEETING NOTICE IS HEREBY GIVEN that the Centerville City Council invites all interested parties to attend a public informational meeting to be held at its regularly scheduled Council Meeting of Wednesday, March 27, 2019 commencing at 7 p.m. or shortly thereafter, in Council Chambers of City Hall, located at 1880 Main Street. The purpose of the meeting is to present and discuss the Storm Water Pollution Prevention Program/MS4 (SWPPP/MS4). Information will be presented and discussed regarding the activities the City has been and will be engaging as a result of implementing the SWPPP/MS4. A copy of the SWPPP/MS4 annual report is available for review at the City Hall. Please submit written comments at the following address: 1880 Main Street, Centerville, MN 55038. A copy of the Municipal Separate Storm Sewer System (MS4) General Permit is also available online at: http://www.pca.state.mn.us/publications/wq-strm4-5l.pdf. Please feel free to contact the City (651) 429-3232 if you have any questions or if you need additional information regarding the above stated item. Published in the Quad Community Press on March 5, 2019 Teresa Bender, City Clerk 24 CITY OF CENTERVILLE CITY COUNCIL WORK SESSION & COUNCIL MEETING March 13, 2019 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held a regularly scheduled City Council meeting on March 13, 2019 at City Hall, 1880 Main Street. PRESENT: Acting Mayor D. Love Council Member Russ Koski Council Member Michelle Lakso N o t A j.") j") Council Member Matt Montain ABSENT: Mayor Jeff Paar STAFF: City Administrator Mark Statz City Attorney Kurt Glaser COUNCIL L CALL TO ORDER Acting Mayor Love called the meeting to order at 6:30 p.m. H. PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA Acting Mayor Love provided an opportunity for others to add or delete any items. Motion by Council Member Koski, seconded by Council Member Lakso to Approve the Agenda as noted. All in favor. Motion carried. L APPOINTMENTS/PRESENTATIONS 1. None. H. PUBLIC HEARING 1. None. III. APPROVAL OF THE MINUTES 1. February 27, 2019 City Council Meeting Minutes Acting Mayor Love provided Council Members with an opportunity for modifications. 25 City of Centerville Council Meeting Minutes March 13,2019 Motion by Council Member Lakso, seconded by Council Member Koski to Approve the February 27, 2019 City Council Meeting Minutes as Presented. All in favor. Motion carried. VII. CONSENT AGENDA 1. City of Centerville February 28, 2019 through March 13, 2019 Claims (Checks #1313E-1317E & 32492-32520) 2. Centennial Lakes Police Claims through March 6, 2019 (Checks #12499- 12519), Payroll Check#12497-12498, & Optum & US Bank(Visa) 3. Centennial Fire District Claims through March 6, 2019 (Checks #8468-8475) & U.S. Bank 4. Res. #19-OXX—Authorizing Worker's Compensation Coverage for Elected & Appointed Officials 5. Proposals for Port-a-Potties 6. P & R Recommendation to Purchase GaGa Ball Pit Acting Mayor Love provided an opportunity for Council to add or remove any item(s) to the consent agenda. Council Member Montain thanked Staff for the information provided regarding Item#4. Acting Mayor Love requested that Items #5 & 6 be pulled for additional discussion. Motion by Council Member Montain, seconded by Council Member Lakso to Approve Items #14 of the Consent Agenda as presented. All in favor. Motion carried. Acting Mayor Love had concerns with securing the GaGa Ball Pit to prevent theft. Administrator Statz said that the equipment is bulky and hopes that theft will not be an issue, although vandalism (and theft) is always part of the risk with park equipment. Anchoring the equipment to a concrete slab is not feasible, since the equipment will be placed in the grass areas. Acting Mayor Love questioned insurance as the game could have liability concerns. Administrator Statz stated that the League of MN Cities provides the city coverage for similar playground equipment. Motion by Council Member Montain, seconded by Council Member Lakso to Approve the P & R Recommendation to Purchase GaGa Ball Pit. All in favor. Motion carried. Acting Mayor Love questioned the port-a-pot at Corner Stone Park. Administrator Statz stated that it was used and the city did not receive a complaint regarding smell or unsightliness. He also stated that the Ski Club appreciated its location. Discussion ensued regarding the construction of an enclosure for the unit. Motion by Council Member Montain, seconded by Council Member Koski to Approve the Port-a-Pot Proposal from AirFresh for the Season. All in favor. Motion carried. IV. OLD BUSINESS Page 2 of 5 26 City of Centerville Council Meeting Minutes March 13,2019 1. None. IX. NEW BUSINESS 1. Conditional Employment Offer (P-T Receptionist/Office Technician) Administrator Statz stated that staff would like to make an employment offer to the top candidate, contingent on the results of a background check and drug screening. Love suggested not sending a rejection notice to candidate #2 until candidate #1 accepts. Motion by Council Member Koski, seconded by Council Member Lakso to Authorize City Administrator to Offer a Conditional Employment Offer to the Candidate That Best Fits the City's Needs and If Needed to Candidate #2 if Candidate #1 Does Not Accept. All in favor. Motion carried. 2. Downtown TIF District—Authorization to Begin Structure Inspections Administrator Statz stated that staff is requesting authorization to commence the beginning phase(s) of determining whether it is feasible to create a Tax Increment Financing (TIF) district within the downtown area. He stated that included in the packet was a timeline and staff has discussed this with the City's Financial Consultant. Finance Director DeJong stated that the City currently has a TIF District within the downtown area that has just 11 years left of its 25 year period (est. 2005). Since there were no projects within the first five (5) years the City is limited to spending 25% of any new increment and would only be able to capture that increment for the remaining 11 years. With these facts in mind, staff is recommending decommissioning the existing district and starting a new one. He stated that the City would like to determine whether the area would qualify for the creation of a new district by meeting the initial eligibility tests. He also stated that to qualify for the TIF District the area must contain at least 70% occupied parcels. An occupied parcel, is one where 15% of the land area is covered by impervious surface parking or structure. He stated that the area just meets the 70% criteria. However, 50% of the structures in the same area must be considered"substandard" which the state defines as a building that would require at least 15% of the cost of a replacement building to bring the existing building up to current standards. He reported that it is believed that most of the homes in the downtown area were constructed prior to the City adopting the building code in 1983. He stated that the City must make a good faith effort to gain entry to the property, but if the property owner does not allow entry, the City can complete a "table top" review of the property for permits and etc. to determine whether it is "substandard". He reported that a letter would be forwarded to the property owner requesting the inspection and follow-ups through telephone calls and door knocking. Administrator Statz stated that the City's Building Inspector and Building Official will handle the inspections so that there would be no costs associated with hiring a consultant and there is not commitment to commence a TIF District if the City does not qualify or chooses not to. Page 3 of 5 27 City of Centerville Council Meeting Minutes March 13,2019 Lengthy discussion was had regarding privacy issues of property owners, whether these inspections should be completed with a fire inspection, addressing the letter as to not implying that property owner's property is "substandard", the benefit of participating in the inspection and possibility of having infrastructure constructed in the area that they would benefit from without paying for through special assessments, etc. Discussion was also had regarding the County and the School district not receiving the tax dollars allocated to this project which then would make a deficit in their funding requiring increased taxes or school levies in the future. Motion by Council Member Lakso, seconded by Council Member Koski To Authorize Inspecting Structures Within the Downtown Area to for Criteria Associated with Establishing a Tax Increment Financing District. Council Member Montain Opposed. Motion carried. 3. Architectural/Interior Design Schematic Design Services Proposals for City Hall Renovation Administrator Statz stated that the Council has discussed City Hall renovations and that he felt engaging a professional architect was the next step. He stated that he secured two proposals (Leo A. Daly and Pope Architects). He stated that Leo A. Daly's proposal was for$5,900. Motion by Council Member Lakso, seconded by Council Member Montain to Accept the Proposal from Leo A. Daly for Schematic Design Services for a City Hall Renovation Proiect, with fees not to Exceed $5,900. All in favor. Motion carried. X. COUNCIL/ADMINISTRATOR ANNOUNCEMENTS 1. Administrator/Engineer Report Administrator Statz stated that his report was in the packet and he would be happy to answer any questions that Council had. Administrator Statz encouraged the public and Council to visit Anoka County Regional Economic Development website and stated that the northern 21 cities in the County are organized and with the County's assisting receiving marketing of available properties. He also stated that the Planning & Zoning Commission will be holding a public hearing regarding rezoning certain properties along Main Street and 20th Avenue. Council Member Montain questioned whether storm drains have been cleared. Administrator Statz stated that staff had been working diligently to clear them for the last several days. He also instructed residents that, if during evening or weekend hours, they were concerned about flooding, they should call 911 to report an issue. Administrator Statz stated that the City invested well in its infrastructure as the City only experienced one (1) frozen water line/service this winter. He also stated that he thought North Metro TV had live streaming of the City's Council meeting but was unable to connect to it and stated that he would inform the Council when it became live. Page 4 of 5 28 City of Centerville Council Meeting Minutes March 13,2019 Council Member Lakso stated that she attended the recent Parks & Recreation Committee meeting where they discussed tweaking administrative tasks and meeting flow. She also stated that they approved the purchase of a GaGa Ball Pit which had been discussed for quite some time. Council Member Koski stated that he attending the recent P & Z Commission meeting where lengthy discussion was had regarding rezoning of property along 20th Avenue and Main Street. Council Member Montain stated that he would be attending the North Metro Telecommunication meeting later in the month. Acting Mayor Love stated that the Lions Cadillac Dinner was coming up on April 27, 2019 with the price increasing to $100. He stated that 80 tickets were being sold and that individuals could purchase them from former Mayor Tom Wilharbcr. He also reported that he recently spoke before the Woodbury City Council which went well and that he attended the Chisago County Mayors meeting which also went well. Motion by Council Member Montain, seconded by Council Member Koski to Recess to the Closed Executive Session at 7:21 p.m. All in favor. Motion carried. XI. RECESS TO CLOSED EXECUTIVE SESSION CLOSED EXECUTIVE SESSION (Unless Otherwise Opened) This portion of the meeting is closed to evaluate the performance of City Administrator/Engineer Mark Statz. The closure is pursuant to Minnesota Statute Section 13D.05, subdivision 3(a) City Administrator Performance Review I. CALL TO ORDER 1. Roll Call II. ITEM OF DISCUSSION 1. 2018 Benefit Package Review & Proposed Contract Amendment III. ADJOURN & RECONVENE REGULAR COUNCIL MEETING Motion by Council Member Montain, seconded by Council Member Lakso to Adiourn the Closed Executive Session of March 13, 2019 at 7:41 p.m. All in favor. Motion carried. XII. ADJOURNMENT Motion by Council Member Koski, seconded by Council Member Montain to Adiourn the Council Meeting of March 13, 2019 at 7:42 p.m. All in favor. Motion carried. Respectfully submitted by City Clerk, Teresa Bender. Page 5 of 5 29 CITY OF CENTERVILLE 03/22/19 2:55 PM Page 1 Check Detail - March 27, 2019 Check Date Check# Vender Name Comments Amount 3/22/2019 001318E PERA PERA W/H-PAY PERIOD 6 Check Nbr 001318 PERA $3.279.21 3/22/2019 001319E IRS/EFTPS FED/W/H -PAY PERIOD 6 $2,102.09 3/22/2019 001319E IRS/EFTPS FICA/MED-WH-PAY PERIOD 6 53,676.72 Check Nbr 001319 IRS/EFTPS $5,778.81 3/22/2019 001320E OPTUM BANK- H.S.A. H.S.A.W/H-PAY PERIOD 6 Check Nbr 001320 OPTUM BANK-H.S.A. $1,262.37 3/22/2019 001321E MINNESOTA DEPT OF REVENUE STATE W/H- PAY PERIOD 6 Check Nbr 001321 MINNESOTA DEPT OF REVENUE $1,044.55 3/27/2019 032521 AMERITAS APRIL 2019-VISON CARE- Check Nbr 032521 AMERITAS $21.44 3/27/2019 032522 ANOKA COUNTY HIGHWAY DEPT SPECIAL EVENT PERMIT-2019 FETE DES LACS PARADE Check Nbr 032522 ANOKA COUNTY HIGHWAY DEPT $50.00 3/27/2019 032523 ANOKA COUNTY PROPERTY RECORDS 24 3122 33 0002- PUBLIC WORKS-2085 W CEDAR ST $155.53 3/27/2019 032523 ANOKA COUNTY PROPERTY RECORDS 23 31 22 14 0077-00028-2000-WATER TOWER SITE $974.71 3/27/2019 032523 ANOKA COUNTY PROPERTY RECORDS 23 31 22 13 0015-CITY HALL- 1880 MAIN ST $155.53 3/27/2019 032523 ANOKA COUNTY PROPERTY RECORDS 23 3122 13 0051 - 1737 MAIN ST $53.23 Check Nbr 032523 ANOKA COUNTY PROPERTY RECORDS $1.339.00 3/27/2019 032524 ANOKA COUNTY TREASURY APRIL 2019 -BROADBAND $37.50 3/27/2019 032524 ANOKA COUNTY TREASURY APRIL 2019 -BROADBAND $37.50 3/27/2019 032524 ANOKA COUNTY TREASURY APRIL 2019 -BROADBAND $37.50 Check Nbr 032524 ANOKA COUNTY TREASURY $112.50 3/27/2019 032525 BENDER,TERESA MILEAGE REIMBURSEMENT FOR MCFOA CONFERENCE-ST. Check Nbr 032525 BENDER,TERESA $75.69 3/27/2019 032526 CANON FINANCIAL SERVICES INC. 2085 W CEDAR ST-COPIER MAINT-SERV THRU 3-31-19 Check Nbr 032526 CANON FINANCIAL SERVICES INC. $33.13 3/27/2019 032527 CARGILL INCORPORATED DEICER SALT Check Nbr 032527 CARGILL INCORPORATED $3,948.49 3/27/2019 032528 CITY OF ROSEVILLE IT LASERFISCHE SERVICE 2019 ANNUAL $270.25 3/27/2019 032528 CITY OF ROSEVILLE IT LASERFISCHE SERVICE 2019 ANNUAL $270.25 3/27/2019 032528 CITY OF ROSEVILLE IT LASERFISCHE SERVICE 2019 ANNUAL $270.25 3/27/2019 032528 CITY OF ROSEVILLE IT LASERFISCHE SERVICE 2019 ANNUAL $270.25 Check Nbr 032528 CITY OF ROSEVILLE 81,081.00 3/27/2019 032529 DELTA DENTAL DENTAL INS-THRU 4-30-19 Check Nbr 032529 DELTA DENTAL $436.78 3/27/2019 032530 DISCOUNT PLAYGROUND SUPPLY TRIPLE SHOOT BASKETBALL GAME-GREEN&GAGA PIT BALL Check Nbr 032530 DISCOUNT PLAYGROUND SUPPLY $1,948.00 3/27/2019 032531 DVS RENEWAL 05 FORD 1FTYR10U25PA67117-TABS $41.00 Check Nbr 032531 DVS RENEWAL $41.00 3/27/2019 032532 FEHRENBACHER, BEN OZARK TRAIL 10'X10'CANOPY- 2019 FETE DES LACS $169.26 3/27/2019 032532 FEHRENBACHER, BEN USA STICK FLAGS-2019 FETE DES LACS $202.47 Check Nbr 032532 FEHRENBACHER. BEN $371.73 3/27/2019 032533 GREEN LIGHTS RECYCLING, INC. RECYCLING EVENT 3-9-19 Check Nbr 032533 GREEN LIGHTS RECYCLING. INC. $1.999.48 3/27/2019 032534 HUISENGA,JAMES MILEAGE REIMBURSEMENT-WATER TRAINING $97.88 3/27/2019 032534 HUISENGA,JAMES SAFETY BOOT REIMBURSEMENT $170.00 Check Nbr 032534 HUISENGA,JAMES $267.88 3/27/2019 032535 ISAACSON, BENJAMIN REFUND-OVER PD UTILITY BILL FOR 1822 DUPRE RD Check Nbr 032535 ISAACSON, BENJAMIN $435.15 3/27/2019 032536 LINCOLN NATIONAL FINANCIAL GRO LONG TERM DISAIBLITY INS THRU 4-30-19 Check Nbr 032536 LINCOLN NATIONAL FINANCIAL GRO $287.69 3/27/2019 032537 MARCO,INC. STANDARD PYMT-PER CONTRACT Check Nbr 032537 MARCO,INC. $241.32 3/27/2019 032538 MINN. DEPT. OF HEALTH J. HUISENGA WATERWORKS OPERATOR EXAM Check Nbr 032538 MINN. DEPT. OF HEALTH $23.00 3/27/2019 032539 OLSONS SEWER SERVICE,INC. CURB STOP BOX&ROD REPAIR- 1828 73RD STREET Check Nbr 032539 OLSONS SEWER SERVICE,INC. $6,068.54 3/27/2019 032540 PRESS PUBLICATIONS PUBLIC NOTICE-INFORMATION MEETING-WELL HEAD $42.30 3/27/2019 032540 PRESS PUBLICATIONS PUBLIC NOTICE-STORM WATER POLLUTION $47.25 Check Nbr 032540 PRESS PUBLICATIONS $89.55 3/27/2019 032541 SWEENEY, KRIS MILEAGE REIMBRUSEMENTS FROM- 12-14-18 THRU 3-22-19 $108.86 3/27/2019 032541 SWEENEY, KRIS MILEAGE REIMBURSEMENTS FROM 12-14-19 THRU 3-22-19- $3.82 3/27/2019 032541 SWEENEY, KRIS MILEAGE REIMBURSEMENTS FROM 12-14-19 THRU 3-22-19- $3.82 Check Nbr 032541 SWEENEY KRIS $116.50 CITY OF CENTERVILLE 03/22/19 2:55 PM Page 2 Check Detail - February 28, 2018 Check Date Check# Vender Name Comments Amount 3/27/2019 032542 TRI-STATE BOBCAT, INC. PARTS-BOBCAT Check Nbr 032542 TRI-STATE BOBCAT.INC. $158.11 3/27/2019 032543 VERIZON WIRELESS CELL PHONE-SERV THRU 3-9-19 $51.00 3/27/2019 032543 VERIZON WIRELESS CELL PHONE-SERV THRU 3-9-19 $102.00 3/27/2019 032543 VERIZON WIRELESS CELL PHONE-SERV THRU 3-9-19 $51.00 3/27/2019 032543 VERIZON WIRELESS CELL PHONE-SERV THRU 3-9-19 $51.00 Check Nbr 032543 VERIZON WIRELESS $255.00 3/27/2019 032544 XCEL ENERGY 7098 CENTERVILLE RD-SERV THRU 3-6-19 $19.32 3/27/2019 032544 XCEL ENERGY 1601 LAMOTTE DR-SERV THRU 3-6-19 $22.22 3/27/2019 032544 XCEL ENERGY 1880 MAIN ST-CITY HALL/FIRE STATION-SERV THRU 3-6- $602.94 3/27/2019 032544 XCEL ENERGY 1880 MAIN ST-SERV THRU 3-9-19 $1,032.01 3/27/2019 032544 XCEL ENERGY 6970 LAMOTTE DR-SERV THRU 3-6-19 $516.30 3/27/2019 032544 XCEL ENERGY 1682 MAIN ST-SERV THRU 3-6-19 $126.21 3/27/2019 032544 XCEL ENERGY 1745 MAIN ST-SERV THRU 3-6-19 $19.43 3/27/2019 032544 XCEL ENERGY STREETS-SERV THRU 3-6-19 $1,981.20 3/27/2019 032544 XCEL ENERGY 1875 FOX RUN-PUMP-SERV THRU 3-6-19 $199.90 3/27/2019 032544 XCEL ENERGY 1889 CENTER ST-SEWER LIFT-SERV THRU 3-10-19 $32.56 3/27/2019 032544 XCEL ENERGY CREDIT-7300 MILL RD-SERV THRU 3-6-19 -$453.91 3/27/2019 032544 XCEL ENERGY 1600 LAMOTTE DR-BALLFIELD LIGHTS-SERV THRU 3-6-19 $185.78 3/27/2019 032544 XCEL ENERGY CREDIT-7285 MAIN ST-SERV THRU 3-6-19 -$48.26 3/27/2019 032544 XCEL ENERGY 1600 LAMOTTE DR-WARMING HOUSE-SERV THRU 3-6-19 $171.79 Check Nbr 032544 XCEL ENERGY $4.407.49 Total checks $35,173.41 31 CENTENNIAL LAKES POLICE DEPT Check Register- Police GL without invoice numbers Page: 1 Check Issue Dates: 3/7/2019-3/13/2019 Mar 13, 2019 03:38PM Report Criteria: Report type: Summary GL Check Ck No Description Check Period Issue Date Payee Amount 03/19 03/13/2019 12523 AMAZON MONITOR 349.99 03/19 03/13/2019 12524 ANOKA CO TREASURY OFFICE JELC 2019 SHARED COSTS 13,411.00 03/19 03/13/2019 12525 ASPEN MILLS, INC UNIFORMS 1,073.25 03/19 03/13/2019 12526 AXON ENTERPRISE, INC BODY CAM ANNUAL PMTS,STORAGE, 10,086.00 03/19 03/13/2019 12527 CENTENNIAL UTILITIES FEB UTILITIES 1,121.21 03/19 03/13/2019 12528 CENTURY LINK COMMUNICATIONS 119.54 03/19 03/13/2019 12529 CONNEXUS ENERGY ELECTRIC FEB 2,241.34 03/19 03/13/2019 12530 CONSOLIDATED COMMUNICATIONS PHONES 372.22 03/19 03/13/2019 12531 DEARBORN NATIONAL APRIL LIFE/DISABILITY 1,436.09 03/19 03/13/2019 12532 DON'S CIRCLE SERVICE VEHICLE REPAIRS&MTC 612.22 03/19 03/13/2019 12533 E C S I, LLC SERVICE CALL DOOR ISSUES 345.00 03/19 03/13/2019 12534 GOV OFFICE LLC ANNUAL WEBSITE HOSTING 550.00 03/19 03/13/2019 12535 HEALTH PARTNERS APRIL HEALTH INS 12,770.45 03/19 03/13/2019 12536 HOLIDAY COMPANIES FUEL FEB 2,560.72 03/19 03/13/2019 12537 METRO SALES, INC COPIER CONTRACT USAGE CHG 77.46 03/19 03/13/2019 12538 NARTEC, INC COCAINE TEST AMPULES 38.50 03/19 03/13/2019 12539 NEAL A. NOREN FEB BLDG MAINT. HOURS 180.00 03/19 03/13/2019 12540 OFFICE OF MN IT SERVICES WAN SERVICES FEBRUARY 57.20 Grand Totals: 47,402.19 Check#12520-12522 Payroll M = Manual Check,V=Void Check 32 CENTENNIAL FIRE DISTRICT Check Register- FIRE GL Page: 1 Check Issue Dates: 2/22/2019-3/6/2019 Mar 06, 2019 10:47AM Report Criteria: Report type: Summary GL Check Check Vendor Description Check Period Issue Date Number Number Payee Amount 03/19 03/06/2019 8468 10750 ANOKA CO CENTRAL COMMUN MOTOROLA BATTERIES 2 114.00 03/19 03/06/2019 8469 10850 ANOKA COUNTY TREASURY DE MARCH BROADBAND 112.50 03/19 03/06/2019 8470 30497 CENTURY COLLEGE CLASS FIRST 5 MIN DETERINE 99.00 03/19 03/06/2019 8471 60650 FRATTALLONE'S HARDWARE S CLEANING SUPPLIES-DAWN/B 18.43 03/19 03/06/2019 8472 180600 CITY OF ROSEVILLE FEB IT SERVICES 900.00 03/19 03/06/2019 8473 220200 VERIZON WIRELESS MOBILE BROADBAND 1/16-2/15 210.12 03/19 03/06/2019 8474 220300 VOL. FIREFIGHTERS BENEFIT 2019 Insurance Policy Renewal 487.00 03/19 03/06/2019 8475 230325 WEX BANK FUEL FEBRUARY 591.40 03/19 03/05/2019 2019005 210300 US BANK VISA-MN IAAI FIRE INVEST. CO 2,119.11 Grand Totals: 4,651.56 M = Manual Check,V=Void Check 33 CENTENNIAL FIRE DISTRICT Check Register- FIRE GL Page: 1 Check Issue Dates: 3/7/2019-3/20/2019 Mar 20, 2019 12:36PM Report Criteria: Report type: Summary GL Check Check Vendor Description Check Period Issue Date Number Number Payee Amount 03/19 03/20/2019 8483 30480 CENTENNIAL UTILITIES FEB UTILITIES STATION 1 549.71 03/19 03/20/2019 8484 30650 CLAREY'S SAFETY EQUIPMENT OXYGEN SENSOR 146.80 03/19 03/20/2019 8485 31137 CONNEXUS ENERGY FEB ELECTRIC STATION 1 751.86 03/19 03/20/2019 8486 40045 DELTA DENTAL April Dental Chief/Asst Chief 196.25 03/19 03/20/2019 8487 50135 EMERGENCY RESPONSE SOLU STAND ALONE FACE PIECE TE 60.00 03/19 03/20/2019 8488 80280 HEALTH PARTNERS APRIL HEALTH INS CHIEF &AS 1,675.95 03/19 03/20/2019 8489 120443 THE LINCOLN NATL LIFE INS C April Life/Disab Chief & Assist Chi 343.61 03/19 03/20/2019 8490 130840 MFSCB FIRE INSP I CERTIFICATION EX 115.00 03/19 03/20/2019 8491 180065 MATT RAUNER TRAINING SUPPLIES FIRE BLO 55.43 03/19 03/20/2019 8492 220200 VERIZON WIRELESS 2/5-3/4 MONTH PH ASST CHIEF/ 78.79 Grand Totals: 3,973.40 Payroll Check#8476-8479, &8482. Voided Checks#8480-8481 M = Manual Check,V=Void Check 34 CICI""'-"/� ��`e �f l .,lY,` � - CITY OF CENTERVILLE SPECIAL EVENT PERMIT APPLICATION Please read information on applying for Special Event Permit before completing this application. Please be mindful that fees may be associated with your request. Answer all questions (please print). Write N/A (Not Applicable)where appropriate. Centerville Lions Club Greg Kieselhorst Sponsoring Organization Name of Applicant or Contact Person 7155 Brian Drive 651-325-6408 Address (Street, City, State, Zip) Phone Number gkieselhorstna,q.com Email Address: gkieselhorst(aq.com Type of Event: Run/Walk 0 Planned Demonstration Fundraiser Block Party Ceremony 0 Celebration Parade C)Concert 00ther Street Fair 4-27-2019 150 Event Hours 6-10pm Date of Event Anticipated Attendance Name or Title of Event: Cadillac Dinner Location and Description of Event: (List any city parks, streets, trails or facilities to be used and/or blocked-off during the event) St. Genevieve Parrish Center, 6995 Centerville Rd, Centerville Prime Rib Dinner Fundraiser with Raffles NOTE: No permanent markings of route allowed on any streets, sidewalks, or trails in the City of Centerville. 1) Are police officers needed to prowl erviceMthe event (traffic control, security, barricading streets, and use of equipment, etc.) Yes ri No _U a. Police Security -0 Police Traffic Control -0 Barricades Cones -0 Barricades 0 Picnic Tables (@ Parks Only) .0 2) A map or diagram of the event must be provided. Looking for routes/direction of travel, locations of restrooms, serving areas (food and alcohol), stages, fencing and barricades. 35 3) If alcohol is being served, copy of current on-sale liquor license must be provided. Insurance Required: The City of Centerville requires certain events to obtain insurance prior to approval. The following events include parades and/or other mobile events utilizing City of Centerville streets, events open to the public with a large number of attendees, City staff, or any other events deemed necessary by the City of Centerville. As a condition of the permit the applicant shall: ®Procure and maintain insurance, which includes the City of Centerville as named insured or additional insured. Note: Listing the City as the Certificate Holder does not mean the City is an additional insured. It must state in the description box the City (or if listed as Certificate Holder) is an additional insured. ®If alcohol is being served, the entity serving the alcohol must provide a Certificate of Liquor Liability Insurance and listing the City of Centerville as an additional insured. ®The Certificate of Insurance must be submitted with this application. This insurance will need to provide the level of coverage that the City of Centerville determines to be necessary and adequate under the circumstances. ------------------------------------------------------------------------------- ®For certain events the City may require simple proof of insur e. Is insurance required (as determined by City staff): W1 Yes F1 No Greg Kieselhosrt Digitally signed by Greg Kieselhosrt 3/15/2019 Signature: Date:2019.03.1512:13:53-05'00' Date: Return this form to: City of Centerville 1880 Main Street Centerville, MN 55038 *Please note that there are fees associated with the use of the City's parks(Deposit, User Fee, Etc.) *If you would like your event published on the City's website or Reader Board? Please indicate: -00Yes- No Please note, it must meet the City's criteria as below: 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 4. May not be registered as a non-profit organization(i.e. School events, Fete des Lacs, etc.) 2 1°" a e 36 SPECIAL EVENT PERMIT STAFF CHECK LIST (INTERNAL USE ONLY) Department Dept. Initial Review/Approval City Council: Yes ❑ No ❑ N/A ❑ Public Works: Yes ❑ No ❑ N/A ❑ Centennial Lakes Police Department: Yes ❑ No ❑ N/A ❑ Centennial Fire District: Yes ❑ No ❑ N/A ❑ Parks and Recreation Committee: Yes ❑ No ❑ N/A ❑ Are fees associated with this request? Yes ❑ No ❑ N/A ❑ Park Use Permit$25.00+Deposit Park Use$100.00 Minimum Deposit Field prep., Trash pickup, lighting, concession facility,police and fire service, will be determined by the City's Public Works Director. Have fees been paid? Yes ❑ No ❑ N/A ❑ Payment Method Requesting Party Notified? Yes ❑ No ❑ N/A ❑ 3 I:: a e 37 Aft A. Dear Mayor and City Council of Centerville, The Centerville Lions are requesting several City Permits for the 2019 Cadillac Dinner and Raffle. We would like to ask again, that those permit fees be waived by City Council, to the Centerville Lions Club, a non-profit organization in Centerville. We are asking for the following permits in our event application. 1 to 4 Day Temporary/Event On Sale Liquor License: St. Genevieve's Parish Center, 6995 Centerville Road, Saturday April 27th, 10 am to 11 pm Raffle: St. Genevieve's Parish Center, 6995 Centerville Road, Saturday April 27th, 10 am to 11 pm We appreciate your help and support for this year's Cadillac Dinner and Raffle. Thank you, Greg Kieselhorst Centerville Lion 38 Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division 445 Minnesota Street,Suite 222,St. Paul, MN 55101 AMC) 651-201-7500 Fax 651-297-5259 TTY 651-282-6555 Alcohol&GaTnbling Enforcaimaat APPLICATION AND PERMIT FOR A 1 DAY TO 4 DAY TEMPORARY ON-SALE LIQUOR LICENSE Name of organization Date organized Tax exempt number Centerville Lion Club August 27. 1974 23-7391509 Address City State Zip Code 7155 Brian Drive Centerville Minnesota 55038 Name of person making application Business phone Home phone Greg Kieselhorst 952-361-4159 651-325-6408 Date(s)of event Type of organization F Microdistillery 0 Small Brewer 4/27/2019 F Club 0 Charitable F Religious F Other non-profit Organization officer's name City State Zip Code Terry Sweeney Centerville Minnesota 55038 Organization officer's name City State Zip Code Tom Wilharber Centerville Minnesota 55038 Organization officer's name City State Zip Code Mary Lou Wilharber Centerville Minnesota 55038 Organization officer's name City State Zip Code Minnesota Location where permit will be used. If an outdoor area,describe. St.Genevieve Parrish Center in Centerville MN 55038.6995 Centerville Rd. If the applicant will contract for intoxicating liquor service give the name and address of the liquor license providing the service. If the applicant will carry liquor liability insurance please provide the carrier's name and amount of coverage. West Bend Mutual Insurance Company 1900 South 18th Avenue West Bend WI 53095 APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL AND GAMBLING ENFORCEMENT City or County approving the license Date Approved Fee Amount Permit Date Date Fee Paid City or County E-mail Address City or County Phone Number Signature City Clerk or County Official Approved Director Alcohol and Gambling Enforcement CLERKS NOTICE:Submit this form to Alcohol and Gambling Enforcement Division 30 days prior to event. ®IME SUBMISSION IPIER IEMAIIII...„AIPIPII..,IICA"I olm OImII...Y. IPII...IEASIE IPI OVIIIDIE A VAII...IIID IE-MAIIII...AIDIDIRIESS FOR'irii-m CII"II"Y/CCIDINTY AS All nEMIPO AI Y IPIEIRMIIT AIPIPIROVAILS WIL.11..,IBIE SIEINT IBACK VIA IEMAIIII.... IE-MAIIII..."riff AIPIPII..,IICATIIOIN SlICII4IEID BY CirirY/C wTY'm IE.IrIE.II .IP JR IR JPIPII,,.1ICXi 0N. "irXlrIFAb II�.w MINNESOTA LAWFUL GAMBLING 11117 LG220 Application for Exempt Permit Page 1 of 2 An exempt permit may be issued to a nonprofit Application Fee (non-refundable) organization that: Applications are processed in the order received. If the application conducts lawful gambling on five or fewer days, and is postmarked or received 30 days or more before the event, the awards less than $50,000 in prizes during a calendar application fee is $100; otherwise the fee is $150. year. If total raffle prize value for the calendar year will be Due to the high volume of exempt applications, payment of $1,500 or less, contact the Licensing Specialist assigned to additional fees prior to 30 days before your event will not expedite your county by calling 651-539-1900. service, nor are telephone requests for expedited service accepted. ORGANIZATION INFORMATION Organization Previous Gambling Name: Centerville Lions Club Permit Number: X-04725 Minnesota Tax ID Federal Employer ID Number, if any: NA Number (FEIN), if any: 23-7391509 Mailing Address: 7154 Brian Drive City: Centerville State: MN Zip: 55038 County: Anoka Name of Chief Executive Officer (CEO): Terry Sweeney CEO Daytime Phone: 651-373-1554 CEO Email: Terry.Sweeney.Jr@comcast.net (permit will be emailed to this email address unless otherwise indicated below) Email permit to (if other than the CEO): NONPROFIT STATUS Type of Nonprofit Organization (check one): = Fraternal = Religious Veterans E✓ Other Nonprofit Organization Attach a copy of one of the following showing proof of nonprofit status: (DO NOT attach a sales tax exempt status or federal employer ID number, as they are not proof of nonprofit status.) ❑✓ A current calendar year Certificate of Good Standing Don't have a copy? Obtain this certificate from: MN Secretary of State, Business Services Division Secretary of State website, phone numbers: 60 Empire Drive, Suite 100 www.sos.state.mn.us St. Paul, MN 55103 651-296-2803, or toll free 1-877-551-6767 ❑ IRS income tax exemption (501(c)) letter in your organization's name Don't have a copy? To obtain a copy of your federal income tax exempt letter, have an organization officer contact the IRS toll free at 1-877-829-5500. ❑ IRS-Affiliate of national, statewide, or international parent nonprofit organization (charter) If your organization falls under a parent organization, attach copies of both of the following: 1. IRS letter showing your parent organization is a nonprofit 501(c) organization with a group ruling; and 2. the charter or letter from your parent organization recognizing your organization as a subordinate. GAMBLING PREMISES INFORMATION Name of premises where the gambling event will be conducted (for raffles, list the site where the drawing will take place): St. Genevieve Parrish Center Physical Address (do not use P.O. box): 6995 Centerville Rd Check one: ❑� City: Centerville zip: 55038 County: Anoka ❑Township: Zip: County: Date(s) of activity (for raffles, indicate the date of the drawing): Check each type of gambling activity that your organization will conduct: =Bingo =Paddlewheels =Pull-Tabs =Tipboards Raffle Gambling equipment for bingo paper, bingo boards, raffle boards, paddlewheels, pull-tabs, and tipboards must be obtained from a distributor licensed by the Minnesota Gambling Control Board. EXCEPTION: Bingo hard cards and bingo ball selection devices may be borrowed from another organization authorized to conduct bingo. To find a licensed distributor, go to www.mn.gov/gcb and click on Distributors under the List o46icensees tab, or call 651-539-1900. 11/17 LG220 Application for Exempt Permit Page 2 of 2 LOCAL UNIT OF GOVERNMENT ACKNOWLEDGMENT (required before submitting application to the Minnesota Gambling Control Board) CITY APPROVAL COUNTY APPROVAL for a gambling premises for a gambling premises located within city limits located in a township FIThe application is acknowledged with no waiting period. F]The application is acknowledged with no waiting period. The application is acknowledged with a 30-day waiting E�he application is acknowledged with a 30-day waiting period, and allows the Board to issue a permit after 30 days period, and allows the Board to issue a permit after (60 days for a 1st class city). 30 days. The application is denied. Dhe application is denied. Print City Name: Print County Name: Signature of City Personnel: Signature of County Personnel: Title: Date: Title: Date: TOWNSHIP (if required by the county) On behalf of the township, I acknowledge that the organization is applying for exempted gambling activity within the township The city or county must sign before limits. (A township has no statutory authority to approve or submitting application to the deny an application, per Minn. Statutes, section 349.213.) Gambling Control Board. Print Township Name: Signature of Township Officer: Title: Date: CHIEF EXECUTIVE OFFICER'S SIGNATURE (required) The information provided in this application is complete and accurate to the best of my knowledge. I acknowledge that the financial report will be completed and returned to the Board within 30 days of the event date. Chief Executive Officer's Signature: Date: (Signature must be CEO's signature; designee may not sign) Print Name: REQUIREMENTS MAIL APPLICATION AND ATTACHMENTS Complete a separate application for: Mail application with: • all gambling conducted on two or more consecutive days; or a copy of your proof of nonprofit status; and • all gambling conducted on one day. application fee (non-refundable). If the application is Only one application is required if one or more raffle drawings are postmarked or received 30 days or more before the event, conducted on the same day. the application fee is $100; otherwise the fee is $150. Financial report to be completed within 30 days after the Make check payable to State of Minnesota. gambling activity is done: To: Minnesota Gambling Control Board A financial report form will be mailed with your permit. Complete 1711 West County Road B, Suite 300 South and return the financial report form to the Gambling Control Roseville, MN 55113 Board. Questions? Your organization must keep all exempt records and reports for Call the Licensing Section of the Gambling Control Board at 3-1/2 years (Minn. Statutes, section 349.166, subd. 2(f)). 651-539-1900. Data privacy notice: The information requested application. Your organization's name and ment of Public Safety;Attorney General; on this form (and any attachments)will be used address will be public information when received Commissioners of Administration, Minnesota by the Gambling Control Board (Board)to by the Board. All other information provided will Management&Budget,and Revenue; Legislative determine your organization's qualifications to be private data about your organization until the Auditor, national and international gambling be involved in lawful gambling activities in Board issues the permit. When the Board issues regulatory agencies; anyone pursuant to court Minnesota. Your organization has the right to the permit,all information provided will become order; other individuals and agencies specifically refuse to supply the information; however, if public. If the Board does not issue a permit, all authorized by state or federal law to have access your organization refuses to supply this information provided remains private,with the to the information; individuals and agencies for information,the Board may not be able to exception of your organization's name and which law or legal order authorizes a new use or determine your organization's qualifications and, address which will remain public. Private data sharing of information after this notice was as a consequence, may refuse to issue a permit. about your organization are available to Board given; and anyone with your written consent. If your organization supplies the information members, Board staff whose work requires requested,the Board will be able to process the access to the information; Minnesota's Depart- This form will be made available in alternative format(i.e. large print, braille) upon request. An equal opp4t nity employer DATE(MM/DD/YYYY) A�" CERTIFICATE OF LIABILITY INSURANCE 03/12/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Customer Care Center NAME: West Bend Mutual Insurance Company AIC, . Ext): (866)926-4244 ac No): (262)365-2200 1900 South 18th Avenue E-MAIL customercare@wbmi.com ADDRESS: West Bend WI 53095 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: West Bend Mutual Insurance Company 15350 INSURED INSURER B INSURER C: Centerville Lions Club INSURER D: 7155 Brian Dr INSURER E: Hugo MN 55038-8729 INSURER F: COVERAGES CERTIFICATE NUMBER: CL186431147 REVISION NUMBER: THIS IS TO CERTIFYTHAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL UBR POLICY NUMBER MM/DD YYYYMMLICY EFF I D Y YY LIMITS CY EXP LTR INSD WVD X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 100,000 CLAIMS-MADE �OCCUR PREM SESOEa occurrDence $ MED EXP(Any one person) $ Excluded A A175402 07/07/2018 07/07/2019 PERSONAL&ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY PRO 2,000,000 JECT LOC PRODUCTS $ OTHER: Fungi $ 50,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANYAUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVEElN/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ LIQUOR LIABILITY COMMON CAUSE 1,000,000 A A175406 07/07/2018 07/07/2019 AGGREGATE 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) City of Centerville is listed as Additional Insured under the General Liability as required by written contract perform WB1890 Event:Cadillac Dinner 4/27/19 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Centerville ACCORDANCE WITH THE POLICY PROVISIONS. 1880 Main St AUTHORIZED REPRESENTATIVE Centerville MN 55038 @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo*2 registered marks of ACORD DATE(MM/DD/YYYY) A�" CERTIFICATE OF LIABILITY INSURANCE 03/12/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Customer Care Center NAME: West Bend Mutual Insurance Company AIC, . Ext): (866)926-4244 ac No): (262)365-2200 1900 South 18th Avenue E-MAIL customercare@wbmi.com ADDRESS: West Bend WI 53095 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: West Bend Mutual Insurance Company 15350 INSURED INSURER B INSURER C: Centerville Lions Club INSURER D: 7155 Brian Dr INSURER E: Hugo MN 55038-8729 INSURER F: COVERAGES CERTIFICATE NUMBER: CL186431147 REVISION NUMBER: THIS IS TO CERTIFYTHAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL UBR POLICY NUMBER MM/DD YYYYMMLICY EFF I D Y YY LIMITS CY EXP LTR INSD WVD X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 100,000 CLAIMS-MADE �OCCUR PREM SESOEa occurrDence $ MED EXP(Any one person) $ Excluded A A175402 07/07/2018 07/07/2019 PERSONAL&ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY PRO 2,000,000 JECT LOC PRODUCTS $ OTHER: Fungi $ 50,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANYAUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVEElN/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ LIQUOR LIABILITY COMMON CAUSE 1,000,000 A A175406 07/07/2018 07/07/2019 AGGREGATE 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) St Genevieve Parrish Center is listed as Additional Insured under the General Liability as required by written contract perform WB1890. Event:Cadillac Dinner 4/27/19. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN St Genevieve Parrish Center ACCORDANCE WITH THE POLICY PROVISIONS. 6995 Centerville Rd AUTHORIZED REPRESENTATIVE Centerville MN 55038 @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo*8registered marks of ACORD � 0 DATE IMIAMINYYYY) AC"J?" CERTIFICATE OF LIABILITY INSURANCE E0,13/13/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THIS POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: John Adairns A DSP Insurance Ew: 1-800-316-6705 �'Aj C"NO: 847-,934-,6186 E-MAIL lionsclubs@dspins,coml 1900 E. Goll Road�, Mite 650 ---- - - ------------------------------ Schaumburg, IL 60173 INSURER(S)AFFORDING COVERAGE NMC N INSURER A: ACE American Insurance Company 22667 INSURED INSURER B INSUR —I-INSURER E':............................................................................................................................ INSURER C: Centerville Lions-5M7 Centerville Minnesota INSURER P: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLIC'IES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD IN1DK",A"r1ED, INC)TWITHSTANDINCi ANY REQUIREMENT, TERM OR C',C)NDITION M')F ANY CONTRACT oR OTHER WITH RESPECT To WHIC'H THIS CEIRTIPICA"It MAY HIE ISSI.IED ()R MAY PERTAIN, THE N$L)RANCE APR".)RDED BY THE 9-°(')1..1IKAES DESCRIBED HEREIN IS SI1,113JEC I 10 ALL 'T'HE TERN'ls' EXCLUSIONS AND CONDITIONS C)F SI, .F POLICIES LIMITS SHOWN MAY HAVE BEEN RI BY PAID CLAIMS INSIR ADDL SUER POILK EFF PO L11 Y 1XII t M�r%Y ly� .LTR TYPE OF INSURANCE 111511 POLICY NUMBER M yyl� (MIMI1001yyyYI LIMITS A GENERAL LIABILITY EACH OCCUPPENCE y 1,000,000 X COPMAEROAL GENERAL LIASIUTY HIDOG71094972 09/01/2018 09/01/2019 DAMAUt URtWtU 1,000,000 DC-LAIMS4AADE 1XI OCCUR -PA,EDIXE(ATK29�R�M2L-15 5,0101011111111111111111 X Acin.Per Named Insured PERSONAL&ADV INJURY S 1,000,000 is$2,000,000 10,000,0001 GENT-AGGREGATE LIFAT APPLIES PER PRODUCTS,CONIP10P AGG 2,000,000 x] POLICY PC F7 LOC $ AUTOMOBILE LIABILArY C&ABINED SINGLE LIMIT 1,0110,000 ANY AUTO ISAI-125159226 09/01/2018 09/0112019 B01MLY INJURY(Per pemn) $ ALL OWNED SCHEDULED 8C;DII Y INJURY(Per accideno S AI,UTI,SEa AU10S N(`)N-C)1dVNE[k HIREDAUTOS AUTOS Iperaccijdert� PRC)PEid' IJM8 R E L I L IA8 OCCUR EACH OCCURRENCE S EXCESS HAD L CLAIINIS-MAIDE N3(,REGATE 51 DED RETENTVON S S WORKERS COMPENSAT110,114 T","'11h,,STA II "I"J A AND EMKOYERVI.IABILITY YIN " . 1 11- ANY PROPrR]ETOR!/PAIRTNER,tEXEcur�VE ELEACH:ACCIDENT S OFF�CERMIF 110H,EIR EXCLUDEW NIA (Mand3tory in NIH) E .IMSEASE ,EA EMPLOYEE $ DAs,desvbL under SCRIPTT)IN OF OPERAT111DINS belwe E L MSEASE- "OLiCY 1.0011' S DESCRIPTION OF OPERA I IIONS[AL.00.AI IONS P VEHIC1 ES Provisions of the policy apply to the named insureds participation in the following activity during the policy period shown above:Cadillac Dinner,Saturday April 27th 2019 The following persons or organizations granting use of real property, including structures thereon are included as Additional Insured(s), but only with respect to General Liability arising out of the use of premises by the insured shown above and not out of the sole negligence of said additional insured. St. Genevieve Parrish Center PROVISIONS OF THE POLICY DO NOT APPLY TO THE SALE OR SERVING OF ALCOHOLIC BEVERAGES CERTIFICATE HOLDER CANCELLATION St. Genevieve Parrish Center SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 6995 Centerville Rd THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CENTERVILLE Minnesota 55038-8729 ACCORDANCE WITH THE POLICY PROVISIONS. AW'HOIRIIZED REPIRESIEN FAINE 44 1988-2010 ACORID CORPORAT110N. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD NNE= Office of the Minnesota Secretary of State Certification of Record 1, Steve Simon, Secretary of State of Minnesota, do certify that: The filing(s) listed below were filed in the Minnesota computerized/central filing system on the date(s) listed below and that the copies associated with this certification are a true and complete copy of those filings as filed in that system. Filing(s) filed on: Filing Date Filing Tye Filing Number 08/21/2018 Annual Reinstatement- Nonprofit 1028906100027 Corporation (Domestic) This certificate has been issued on: 12/04/2018 HE Steve Simon 1Secretary of State State of Minnesota S" .......... ....... .......... ........... ... III : 1 1 !1 No l :11 111: xi 45 Office of the Minnesota Secretary of State �,y ,4Yb9(i 1?fir ry�. Minnesota Nonprofit Corporation/Annual Renewal Minnesota Statutes, Section 5.34 Annual Renewal Year: 2018 Annual Renewal Filing Date: 8/21/2018 Nonprofit Corporation Name: Centerville Lions Club Original Filing Number: 849197200029 Home Jurisdiction: Minnesota Filing Party Information: Party Type: Name: Address: President Terry Sweeney Sweeney 7154 Brian Drive Centerville MN 55038 Registered Office Address 7260 Unity Avenue Centerville MN 55038 46 Work Item 1028906100027 Original File Number 849197200029 STATE OF MINNESOTA OFFICE OF THE SECRETARY OF STATE FILED 08/21/2018 11:59 PM Steve Simon Secretary of State 47 CITY OF CENTERVILLE REQUEST FOR ir COUNCIL ACTION ` , tery Ife Agenda Item# Department: Requested Council Meeting Date: VII.5 Administration March 27, 2019 TITLE OF ISSUE: Fireworks Contract- Fete des Lacs BACKGROUND AND SUPPLEMENTAL INFORMATION: For the past several years, the city has contracted with Hollywood Pyrotechnics, Inc. to handle the fireworks display for Fete des Lacs. Their proposal for 2019 is attached and is the same price and show as last year. Feedback from the public was positive after last years' event. COST AND SOURCE(S) OF FUNDING: $6,000 General Fund-Fete des Lacs Budget REQUESTED COUNCIL ACTION: Motion to accept the proposal from Hollywood Pyrotechnics, Inc. for a fireworks display during Fete des Lacs. For Clerk's Use: SUPPORTED DOCUMENTS ATTACHED Motion By: Resolution Ordinance Contract Minutes Plan Map Second By: X Vote Record: Ave Nay Lakso Other(specify) Love Paar Koski Montain Administration Department Use: Refer to: Consent Tabled Until: Regular Other: 48 DISPLAY T / INVOICE Hollywood Pyrotechnics, Inc. HOLLPYROTECHNICSOD INC 1567 Antler Point, Eagan, MN 55122 HOLLYWOOD CHNICS INC Telephone 651-454-7976 • Fax 651-454-7975 Display Date: ,Dull 19k",2019 Rain Date: Juull 26'°,2019 Name/Organization: City of Ceunterviilllle Minnesota Contact Name: IMark Statz Tel: 651-792-7931 Fax: 651-429.6629 E-Mail Address: irnstaU@CIEIN'TIEIRVIIILILIEIMIN„corn Address: 1666 IMaiiun St City: Centerviilllle State: IMIN Zip: 5 036 Billing Name: same Tel: Fax: Do you need an extension of our Insurance? R YES ❑ NO F0 Hollywood Pyrotechnics Choreographed and Fired ❑ Wholesale Order Delivery Name: ILauairiie ILaunotte Park Tel: 651-454-7976 Fax: Address: 6979 ILarnotte IDrive City: Ceirnterviilllle State: IMIN Zip: 56936 County: Anolka Notes/Comments Show slhot electrically and clholreoglralplhed folr(bestIpelrfolrinnalnce,. ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- IRetulrin -to the Iball diialrnolnds in ILaMotte Park. ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ Safety distances of 300 feet caln Ibe obtained folr 412 maxlimunn shell diameter size. IMaliln (body of the show will utlilllize 25” 3"y and 4" material, with Innulltli-shot calker to 2" Wide flrolnts will Ibe used to create a stunning vlisuall display. THIS AGREEMENT is made and entered into the date signed on following page, by and between Hollywood Pyrotechnics, Inc., a Minnesota corporation, having Fireworks Subtotal: $5380 its principle place of business at, 1567 Antler Point, Eagan, Minnesota, 55122, Discount: $g hereinafter mutually referred to as Seller,as named on the this Display Agreement. Insurance Extension: $720 Seller shall furnish to Buyer fireworks display(s),as per this Display Agreement Permit Fee: $0 accepted by the Buyer, including the services of the Sellers as Pyrotechnician to Shoot Fee: $600 take charge of and fire the display. Haz-Mat Delivery: $200 Continued on next page Total Due: $6,,000 Multi-Year client free bonus of extra product - 15% PAYMENT: ❑ 33%down,Balance on Display Date; ❑ 60 Days Prepay; ❑ 30 Days Prepay; ❑ Purchase Order# OFFICE USE ONLY Sales Rep: (Bennie Net;dey O# C# ❑ Tax Exempt Certificate Received ❑ Order Form Signed ❑ Insurance Questionnaire Received ❑ Permit Received ❑ Full Payment Received ❑ S/P 49 DISPLAY / INVOICE IT IS FURHTER UNDERSTOOD AND AGREED BETWEEN THE PARTIES AS FOLLOWS: 1. Seller agrees to furnish all necessary fireworks display materials,equipment and personnel for the fireworks display in accordance with the program agreed to by the parties. 2. The Buyer shall pay to the Seller, up to the full amount, by sixty(60)days prior to the display to be eligible for a 5%fireworks product bonus of the fireworks portion of the purchase,and thirty(30)days prior for a 3%fireworks product bonus of the fireworks portion of the purchase. Alternatively standard terms are 33%down,with the full amount due and payable the day of the fireworks display. The display is not fired until payment in full is made,or other arrangements confirmed. 3. Should inclement weather prevent the firing of the display on the date mentioned herein,the parties agree to a mutually convenient rain date as mentioned herein. The determination to cancel the fireworks display because of inclement weather or unsafe weather conditions shall rest within the sole discretion of the Seller. Every attempt will be made by the Seller to accommodate the primary fireworks display date. In the event that the Buyer does not wish to continue with the display,or cancels for any reason,the following cancellation schedule of fees is used. If cancelled 60 days or more in advance, 100%of money is refunded, minus any expenses for permits or other direct fees. If cancelled within 30 days or more,then a 20%cancellation fee is assessed. If cancelled within 5 days or more,then a 33%cancellation fee is assessed. If cancellation was within 2 days or greater,then a 50%cancellation fee is assessed,and if cancelled on the day of, or Seller is on site or in transit, a 75%cancellation fee is assessed. 4. Seller agrees to provide public liability and property damage insurance coverage, including spectator coverage in an amount not less than$2,000,000 per occurrence, and providing that the insurer shall not terminate or materially modify such policy without written notice to the Buyer not less than two(2)weeks in advance of such proposed termination or modification. The Buyer will be named as an additional insured on the public liability insurance, if selected on the front of the invoice. In the event of a claim by Buyer,any applicable deductible shall be paid by the Buyer. 5. The Seller agrees to indemnify and hold harmless the Buyer and its agents and employees from and against all claims, costs, judgments,damages and expenses, including reasonable attorney fees that may or shall arise from the performance of fireworks purchased by the Buyer. The Buyer agrees to give the Seller prompt notice of any claims or demands and to cooperate with the Seller or its successors in interest or assigns, if any, in the defense of any such claims and/or demands. 6. The Buyer agrees to hold the Seller harmless and defend Seller from any and all claims brought against the Seller by employees or sponsors of the Buyer for any and all acts of the Buyer relating to the event for which the fireworks is performed. 7. Buyer agrees to work with the Seller to provide the following,where necessary; a. Sufficient area for the display, including a minimum spectator set back as determined by Seller. b. Protection of the display area by barricading, roping off,or some similar facility. c. Adequate security or Police protection to prevent non-qualified people from entering the display area. 8. Buyer agrees to comply with all local, state and federal laws and guidelines pertaining to the Sellers duties in performing this fireworks display. 9. It is further understood and agreed that nothing in this Display Agreement shall be construed or interpreted to mean a partnership between the Buyer and Seller. Both parties hereto being responsible for their separate and individual debts and obligations, and neither party shall be responsible for any agreements not stipulated in this Agreement. 10. The parties hereto do mutually and severally guarantee terms,conditions,and payments of this Agreement. This document shall be binding upon the parties,themselves,their heirs, executors,administrators, successors and assigns. IN WITNESS WHEREOF,the parties hereto have executed this Agreement as above written. Seller Buyer Hollywoodit tedhi iN , ; inc. City of Cein-teirvilleWininesata ._. Name: Beininle Ne-tzleyName: ................................................................................................... Date: 3-11-18 Date: 50 CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTIONitermVe, Agenda Item# Department: Requested Council Meeting Date: V11.6 Administration March 27, 2019 TITLE OF ISSUE: Personnel Policy Changes -Additional Non-core Benefits Options BACKGROUND AND SUPPLEMENTAL INFORMATION: See attached staff memo. COST AND SOURCE(S) OF FUNDING: No additional cost REQUESTED COUNCIL ACTION: Motion to approve proposed changes to the Personnel Policy. For Clerk's Use: SUPPORTED DOCUMENTS ATTACHED Motion By: Resolution Ordinance Contract Minutes Plan Map Second By: Vote Record: Ave Nay Lakso Other(specify) Staff Memo Love Paar Koski Montain Administration Department Use: Refer to: Consent Tabled Until: Regular Other: 51 /w .„ , � i, 1350�N[mu,StreeE �i C' lerviCCe,'M9d5'S'038 l%', 65I 4143232 or r<xX,651 429-8629 March 21, 2019 Honorable Mayor and City Council 1880 Main Street Centerville, MN 55038 Dear Mayor and Council: City staff has explored several supplemental insurance plans to help offset out-of-pocket costs associated with high-deductible health care plans which have been introduced over the past few years. These plans were not specifically listed in the City's Personnel Policy, but qualify as pre-tax deductions and qualifying programs under IRS Code Section 125, regulating Cafeteria Plans. Below are the proposed revisions to the Personnel policy to allow employees to take advantage of these offerings after they have purchased the core benefits. New language is underlined. These new offerings do not affect the value of the cafeteria plan offered by the city (currently $1090/month). They simply offer more options to choose from with those dollars. 11.2 Cafeteria Plan The City will contribute an amount, designated on an annual basis by action of the City Council, to the Employee for use in the City's benefit Plan. Employees are required to choose at least the core benefit plan, which are: single health insurance, single dental coverage, short-term disability and term life insurance. Any balance remaining after the required core benefits have been purchased may be used in any authorized area of the plan, such as: (A) The purchase of additional health, dental, life, disability, long term care, Accident, Critical Illness, Hospital Confinement, Cancer/Specified-Disease or Vison Care insurance offered through the City's plan; (B) Contribution to an authorized Health Care Savings Account to the extent permitted by applicable law; 52 (C) Contribution to an Employer sponsored deferred compensation (457) program. (D) Or, the Employee may elect to receive the balance in taxable income. EX(,EPTY0N. New employees hired after December 31, 2011, shall not be permitted to use employer contributions to contribute to items C or D. Sincerely, 44it— Mark R. Statz, PE City Administrator/City Engineer 53 CITY OF CENTERVILLE REQUEST FOR ir COUNCIL ACTION ` , tery Ife Agenda Item# Department: Requested Council Meeting Date: V11.7 Administration March 27, 2019 TITLE OF ISSUE: Leo A Daly Contract BACKGROUND AND SUPPLEMENTAL INFORMATION: At the last meeting, the City Council approved the proposal from Leo A Daly(architecture and interior design firm) for work on the City Hall Renovation project. This action item is for a formal approval of the contract with them. COST AND SOURCE(S) OF FUNDING: Costs were previously approved(not to exceed $5,900) REQUESTED COUNCIL ACTION: Motion to approve the contract with Leo A Daly subject to review and approval by the City Attorney. For Clerk's Use: SUPPORTED DOCUMENTS ATTACHED Motion By: Resolution Ordinance Contract Minutes Plan Map Second By: X Vote Record: Ave Nay Lakso Other(specify) Love Paar Koski Montain Administration Department Use: Refer to: Consent Tabled Until: Regular Other: 54 March 21, 2019 M8rhSt3tz PE ChvAdnniniatrotor/Engineer PLANNING City ofCenterville ARCHITECTURE 1B8OMain St. ENGINEERING Centerville, K4N5503O INTERIORS Subject: Professional Services Agreement ABU DHABI ArmwrA Auenm eo//wo c*/oAeo This Agreement between the City ofCenterville, MN (CLIENT) and LEO DALY COLLEGE STATION COMPANY (CONSULTANT) is for the performance of design services as set forth CORPUS CHRISTI herein. For good and valuable consideration,the sufficiency ofwhich iu DALLAS acknowledged,the parties mutually agree to the work associated with: oxMwAm on*x FORT WORTH HONG KONG *ooarnw Phaoe1: Port A — Facility Assessment aodelineated inExhibit B. LAwa/wu LAS VEGAS LOS ANGELES wmw/ Phase 1: Part B — Facility Planning Options as delineated in Exhibit B. w/Lp/rnm w/wmsupoua OAKLAND OMAHA Phase 2: Option Implementation as delineated in Exhibit B is not part of this on«mGs professional service agreement. Upon selection of an option or combination of mvAo* options by the City Council, LEO DALYvvi|| oornnnenoe design, bidding' and SAN ANTONIO mAmwAncpe construction administration services upon notice to proceed.A now professional TAMPA services agreement specific tothe final scope of work identified by the City Council wxoo will be the basis for those services. WASHINGTON DC WEST PALM BEACH This proposal shall become a contractual agreement between the parties effective nnthe date accepted and shall be bound bythe Terms and Conditions hereby incorporated by reference and attached hereto: Exhibit A, General Terms and Conditions, consisting of pages. Exhibit B' LEO A DALY proposal dated February 5'2010' consisting of 12 pages. LEO Aoxc/ /soSecond Avenue onum auur1/no Minneapolis,mms54mze4ss ao,nso,nr*/ /evadal»cmm 55 LEO A DALY March 21,2019 Mark Statz If this meets with your approval, please sign and return two (2) copies of this letter Page 2 to us. Thank you for this opportunity to serve you. Upon final approval by an officer, a copy will be returned for your files. Sincerely, LEO A DALY COMPANY Todd LaVold,AIA Project Manager ACCEPTED BY CLIENT: APPROVED: For: City of Centerville, MN LEO A DALY COMPANY By: By: Title: Title: Date: Date: cc: 56 EXHIBIT A TERMS AND CONDITIONS This Exhibit A, Terms and Conditions, is incorporated into and made a part of the agreement by and between Leo A Daly Company ("Consultant") and The City of Centerville, MN ("Owner") dated March 21, 2019 (the "Agreement"). The Consultant and Owner(also referred to collectively as the "Parties" and individually as "Party") agree to the following terms and conditions: 1.0 Standard of Care. The standard of care for all services performed or furnished by Consultant under the Agreement shall be in conformance with the skill and care ordinarily exercised by similar professionals providing similar services in the same location at the same time and under similar circumstances (the "Standard of Care"). 2.0 Limitation of Liability. In recognition of the relative risks and benefits of the Agreement to both the Owner and Consultant,to the fullest extent permitted under applicable law, Owner agrees that Consultant's total liability for any and all claims, losses, costs, damages, or expenses including, without limitation, reasonable attorneys' fees and costs, of any nature whatsoever, shall not exceed $2,000,000. It is intended that this limitation of liability shall apply to any and all liability or cause of action, whether in contract, warranty, tort, or otherwise, however alleged or arising. 3.0 Mutual Waiver of Consequential Damages. In no event shall either party under the Agreement be liable to the other party, whether in contract, warranty, tort, or otherwise, for any special, indirect, incidental, or consequential damages of any kind or nature whatsoever. 4.0 Intellectual Property. 4.1 "Intellectual Property" as used in these Terms and Conditions shall mean any and all copyrightable works, copyrighted works, patentable inventions, patented inventions, trademarks, service marks, trade secret, know-how, or other proprietary information. 4.2 "Work Product" as used in these Terms and Conditions shall mean any and all work created by Consultant in performing its services under this Agreement including, without limitation,any renderings,drawings,plans,calculations,models,data, and/or documents, whether in electronic format or hard copies. 4.3 "Deliverable" as used in these Terms and Conditions shall mean a Work Product required to be delivered to Owner under the Agreement and actually delivered to Owner by Consultant. 4.4 Owner shall own all Deliverables delivered to Owner by Consultant. 57 4.5 Consultant shall own any and all Intellectual Property rights in or made a part of any Work Product and/or Deliverable. Upon Owner's final and full payment of all fees under the Agreement, and provided there is no dispute between Owner and Consultant related to the Agreement or the services provided by Consultant under the Agreement, Consultant shall grant Owner an irrevocable, royalty-free, world-wide license to use the Intellectual Property in any Work Product and/or Deliverable for the sole purpose for which the Intellectual Property was created and on the specific project that is the subject of the Agreement. 4.6 Owner shall not use the Intellectual Property in any Work Product or Deliverable for any unlicensed purpose without the prior written consent of Consultant. Owner agrees to indemnify Consultant for Owner's unauthorized use of Intellectual Property,Work Product, and Deliverables. 5.0 Opinions of Probable Costs. Any and all estimates provided by Consultant are opinions of probable costs based on information that is reasonably available to Consultant. Owner acknowledges and agrees that Consultant has no control over the cost of labor, materials, equipment or services, or the means and methods used by others in determining prices, competitive bidding, or market conditions. Owner further acknowledges and understands that proposals, bids, and/or actual project costs may, and probably will vary from the estimates and opinions of probable costs provided by Consultant under the Agreement. 6.0 Construction Means and Methods. Notwithstanding anything under the Agreement, or otherwise expressed or implied by Consultant, Consultant shall not have control over, charge of, or be responsible, in any way, for the means, methods, techniques, sequences or procedures, or for any health or safety programs in connection with any construction work arising from the Agreement or any Deliverable or Work Product. 7.0 Conflicts. In the event that any term of these Terms and Conditions conflict with the terms and conditions of another portion of the Agreement, in all instances, these Terms and Conditions shall control and prevail. 8.0 Force Majeure and Unforeseeable Conditions. Consultant shall not be responsible for and Owner hereby releases Consultant from any claim, damage, delay or loss resulting from: (i) fires, riots, labor disputes, war, terrorism, weather, acts of god, or other force majeure; (ii) governmental action or failure to act (including, without limitation, plan reviews, permits, and/or approvals); (iii) unforeseen circumstances or conditions (including, without limitation, unforeseen site conditions); (iv) discovery of any hazardous substances or differing site conditions; and/or, (v) circumstances or events outside the reasonable control or responsibility of Consultant. 9.0 Mutual Waiver and Release Against Individual Employees. Consultant and Owner agree to release, waive, discharge, and covenant not to sue individual employees of the other party from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or the result of any loss or injury stemming from the performance of the Agreement that may be sustained, regardless of whether such loss is caused by the negligence of the 58 employee and regardless of whether such liability arises in tort, contract, strict liability, or otherwise,to the fullest extent allowed by law—except in cases of gross negligence or willful misconduct. 10.0 Payment 10.1 If an invoice is not paid within 60 days of issue, interest may be charged on the principal balance shown on the invoice. Interest will be calculated by multiplying the unpaid balance by the periodic rate of the 1.5%per month(18%per annum), or the statutory maximum according to applicable state law, if less. The unpaid balance will bear interested until paid. 10.2 The Owner acknowledges and agrees that unless expressly made within 60 days from the date of the invoice,any objections, claims,or disputes related to an invoice shall be waived, and said invoice shall be deemed accepted by Owner. 59 1 i V, IIV � rd �/ m �I , f / J I I, ,i I I 1 February 5,2019 City of Centerville City Administrator 1880 Main Street Centerville, MN 55038 .�IlllIG Dear Mr. Statz II CII H II II CII VII IF: Thank you for the opportunity to respond to your Request for Qualifications and Proposal �E IN GIIN II:IRII II^..pG for Architectural Services for the City of Centerville City Hall rebranding and renovation I'll It was a joy listening to your visions for breathing fresh life into the City's public III'll II II!!!!IRIOI S realm. We would be honored to assist you with the needs present at City Hall that will bring your vision to fruition.We trust that you will find our qualifications particularly well-aligned with your needs. ABU iI)II iABu Some of the highlights of our team for your consideration include: ATLANTA AUSTIN Possession of the strongest combination of public safety and city hall design in the BlEJ.vING region and experience serving jurisdictions in all 50 states.This brings you critical best- CHICAGO practices and knowledge on trends and philosophies from around the nation to your e:e:11-11Llr:GIE TA111101u community; COIRIFIUS o~;HRISTu DAii..i...AS The ability to develop ideas into concepts and concepts into buildings/renovations that u.)MA',AAlM improve public dialogue and engagement within a political landscape which is skeptical "01HA of utilizing public dollars. F 0R,T WOF?ITli� use ING I Experience listening to and incorporating personnel ideas. Our team members bring HOUSTON extensive knowledge in best practices for city hall safety and security,however,we °A'"NSING count on the expertise of your personnel to provide valuable insight into how the LAS IEu AS facility needs to perform for them. City staff provide critical input on vision,building u..0SA1r G1F:L1F:' performance,systems,budget and schedule; MuAM11l M11111:111 TAS Project leadership that is 100%dedicated to the development of publicly funded M111N INHE SRN IS . projects,bringing seasoned expertise in public project messaging,communicating with 0AIKuLrlt > councils and constituents,and building input and buy-in into the process;01MI„ O°RANGE The LEO A DALY team has access to all architecture and engineering disciplines within °+°YADH our office,making us well organized for rapid project service and ready to mobilize. SAIN AIN T011110 SAIN �°i°Q'Q-° On behalf of LEO A DALY,we thank you for this opportunity. Should you have any questions TAINAI A related to our response,or need additional information please contact me. WACO WASHIIIING TON DC Sincerely, LEO A DALY Cin � dy McCleary,AIA LEED AP N�CARB T6dd LaVold,AIA Principal in Charge Project Manager/Architect CAMcCleary@leoadaly.com TBLavold@leoadaly.com 730 Second Avenue 43o upfi ,:.wlulite'I 2:>P,.0 N,�(IiIfYIfYeapolII:,IMIN 55402 ea,r dallly.coirn 61 0 Illli!IIf4 11i1il.W OFT 11IT111111-Vim 2 Excellence Beyond Expectations For over 100 years, LEO A DALY's dedication to design excellence has produced spaces that enhance and enrich the human experience. Inspired Design i Since 1915,we have worked with an unyielding focus on design excellence as a means to shape a better world. Outstanding design does more than solve practical challenges;it should provoke,inspire,and change how we interact with the world.Our team-focused approach is based on a commitment to askingand answering difficult questions. 9 q ��iii i i�lllrr/�///�/�i✓� /�j � Holistic Approach One of our founding principles,going back 100 years,is holistic design.Our founder Leo A.Daly,Sr.,pioneered �rrrraurr d�rr��JJJ)JJ �� CJS y J�i v the use of interdisciplinary project teams using what he Fd termed a"whole project approach;'and combining planning, architecture,engineering and interiors. Global Leadership As one of the largest planning,architecture,engineering, interior design and program management firms in the world, each day LEO A DALY participates in a conversation that � j 'r shapes the future of our world.Our award-winning portfolio includes projects in more than 91 countries,all 50 US states and the District of Columbia. Services Provided/Design Disciplines Architecture,Engineering(Mechanical,Electrical,Structural, Civil,and Fire Protection),Interior Design,Planning,and Program Management Number of Employees Our Minnesota office houses 78 employees among a total of over 800 employees company wide. ;�,;0�xii:.Z"r A11311:31111ZOACH 3 Project roect Understandwn & Approach The City nfCenterville ialooking tofreshen up For this project wepnnpomeathrop'atepprooeoato their image through omultiple pronged city wide meet your rebranding and renovation needs. approach. One Phase 1: renovating City Hall vvith respect to improving public ^ "" ^^ ^ ~� Facility"""~� ^~� perception ufCenterville aaagreat place tolive and Preliminary Assessments and Report Review do business. Another outcome ofthis effort ioto improve accessibility and efficiencies between the Tnbuild astrong foundation, ntthe project initiation' Fire Station and City Hall.The preliminary budget for a detailed review ofany previous studies will be the renovations |o $3O0,O0Oand may include: performed.This review will focus onunderstanding thefaui|itydo�oienoieanoted' ifan\/ ^ Exterior enhancennentsnfthe pedestrian approach toCity Hall, Existing Building Document Review ^ Integration ofhistorical artifacts celebrating Successful planning efforts begin with mfull Centervi||e'ahiatory, understanding and accurate depiction ofthe existing fooi|it� Our tearnwill revievvand update the existing ` Providing internal nooeootothe Fire Station, drawings, ifrequired,to match the current conditions. ^ Improving accessibility and safety at the City Ho|| This is nr|t|oa| for the foundation moving forward to oonfirrnand create accurate infornnution he|pdeakandintheCnunoi| Chornbera, ^ Enhancing the appeal ofthe council chambers Building Audit for both inperson attendees oowell aatelevision Although not intended tobeexhaustive,the audit viewers, will focus onidentifying general building conditions, ^ Improving flow and safety for visitors attending »p«roti»no|, and security considerations,which may meetings with city staff, inform the development ofany planning concepts. This information also supports the future review ^ Improving restroom accessibility,and ofadvantages and disadvantages ofexpansion/ renovationnptiono� LEOADALYvvi|| notpruvide ^ |nnprovingaudio separation frunnthe City Hall help nnechanica|. electrical,orp|unnbing evaluations deshfrnnntherestnfo|tyha|| staff� omthis will beconducted byanother firm. We will, Introduction however,work with any MEP information provided tn integrate the bent solution for the C|ty. The planning and re-branding effort begins with o complete understanding of the current and future Operational Evaluation needs ofthe city aawell aaanunderstanding ofthe |tiacritical tounderstand the amount ofpeople limitations and conditions ofthe existing facility. who move through the building,the times ofdays The LEO AOALYteam has developed many planning ordays ofweek, hours ofoperation, and general option efforts for local municipalities.Through persona ofvisitors and staff which can assist in these experiences,vveunderstand that umunicipal study must becomprehensive tOsupport the decision ofthe community leaders but streamlined tobencost-effective and part nforapid planning process.Tocomplement our team,vveintegrate RJM Construction,for cost estimation and construction feasibility bringing their local knowledge of the bidding and construction market. Our experiences have provided asolid foundation ofatried and true methodology for effective p|aODlDg efforts. LEO A��LY �� ;:tt;.'oiii:;; "r A11PlfPlf OAC1114 4 providing foundational understanding to customers and how the building is used. It is also valuable to � understand the perception of trends directly from staff and where they foresee or anticipate changes or evolution in the future. Communication, Data,and Audio/Visual Technology The city has solicited proposals from two AN firms for Council Chamber AN upgrades. LEO A DALY will work with the chosen firm to integrate this work into design of the Council Chambers. Data/telephone systems,security access control and monitoring systems, radio equipment,cell phone booster loops,other audio/visual technology,and training Final Planning Report technology will all be reviewed with the local cable In addition to interim work product,a final plan commissioned as well. report will be developed.This report will include the Phase 1; Part B - Facility Planning agreed upon long-range capital recommendation. Options To support this recommendation LEO A DALY will provide: conceptual floor plans, (two) interior Site and Facility Planning Options renderings, (one) exterior rendering (if applicable), The goal of this task is to clearly determine the detailed project costs, implementation schedules range of solutions capable of meeting the City's and next steps. This report will be produced in draft rebranding and renovation needs. Planning options form for administrative and leadership review and will focus on developing the most efficient, effective, will be further edited to ensure all City concernsare appropriately addressed prior to the final report and appropriate facility concepts while assuring the overall functionality of the City services are compilation. enhanced. Our team will develop up to three Presentations concepts or a menu of three separate phased concepts exploring existing building optimization. The LEO A DALY team will develop appropriate The LEO A DALY team will review the planning presentation materials and will assist the City's options with City leadership and will include a leadership in presentations of study findings at a summary of advantages, operational constraints, Council meeting. staffing efficiency,safety and security and long-term phase 2 — Option Implementation serviceability. Cost Assessment Upon completion of Part A&B services and presentation of the final report to city council, LEO All projects must balance needs with cost efficiency A DALY anticipates the City Council will select an in their ultimate solution. Feasible solution options option to move forward into full design. LEO A will be evaluated based on costs associated DALY will commence Phase 2 design, bidding, and with each option or menu of options. Capital construction administration services upon notice to (construction) costs, project costs (testing,furniture, proceed and an amended agreement specific to the fees,etc.), and any unique operation costs will be final scope of work identified by the council. evaluated to identify comparative values for each of the solution options. 64 1 o'�'�:(i0;A EM "1II!!CAJI IIIII!!!IIII!dll!!!IIGt 6 ui�ll Cindy McCleary`s career has been built on her successful planning,design and management of numerous projects including both small remodeling efforts and large new-construction projects. She is an experienced programmer and planner of public-sector facilities,specializing in law enforcement,courts,and police forensic facilities,fire facilities,and city halls. SIIEILIEC°IrIEIID SIIIMIIILAIR EXPERIENCE City of Forest Lake City Center,New City City of Spring Lake Park,City Hall Needs Cindy McCleary Hall and Public Safety Facility Assessment AIA,NCARB,LEED AP Forest Lake,MN Spring Lake Park,MN I1:11Irillncillpall lin Charge City of Sterling,City Hall and Police City of Hastings,City Hall Space Needs II® Ifbll®Ifllll®IC�CIf® Department Renovation Assessment 19 years of experience Sterling,IL Hastings,MN IIIIIEGIISTIIIAlflloNs Grant County Sheriffs Office,Social City of Oakdale,City Hall and Public Works Architect MN#46940 Services,Public Health,and Emergency Needs Assessment Management Study and Master Facilities Oakdale,MN IEIIDUCA1fIION Needs Assessment Master of Architecture Elbow Lake,MN City of Newport,City Hall Concept Design University of Minnesota Newport,MN Todd has 19 years of experience in the design and management of a wide variety of project types,providing predesign,design and construction documentation as well as owner and consultant coordination as a design lead, project architect,and project manager. His project experience includes: police, city halls,fire,and public safety facilities. SIEILIEC"'IrIEID SIIIIMIIIILAIR IE IPIEIRIIIIENCIE City of Forest Lake City Center,New City City of Brooklyn Center,City Hall Master Hall and Public Safety Facility Plan and Renovation Todd LaVold AIA Forest Lake,MN Brooklyn Center,MN Project IManager/Architect If xlhlf®Iflllf lwcll® City of Sterling,City Hall and Police Mora City Hall Addition and Remodel* 19 years of experience Department Renovation Mora,MN Sterling,IL IIIIECII "t'IRA"ii 1iam Carver County Master Facilities Plan Architect MN#48181 City of Oakdale,City Hall and Public Works Carver County,MN Needs Assessment IEI1DUCA1f116U14 Oakdale,MN City of Bayport,New Fire Station Master of Architecture Bayport,MN University of Minnesota *Piroect cccirnplleted,rvir h Ipiriioir fiiiri rr. 65 1 u;;llr r I Y 7 Kara interior design experience includes leading programming efforts; collecting,analyzing programming data;conducting visioning sessions; coordinating FF&Epackages;assisting inbid evaluation; producing space plans,furniture plans,elevations,conceptual and finished design presentations; and materials and finish samples submitted by contractors. SIELIECTIED S1111MNLAIR EXPIER111EINCIE City nfOakdale,City Hall and Public Works Winona State University,Education Village Needs Assessment Winona,MN Kara Braun c|o Oakdale,MN U��e�� F|undmuuSantee Sioux Tribe,Royal River City ofChaska,City-Wide Master Facilities Casino Renovation Assessment F|andeau'SD 1pyears vfexperience Chaska,MN 11.11EGnST11:ZATnONS City ofWoodbury/City ofCottage Grove |n�c,w,ocs|gnr,mm�coz�so �Ni»»*»»toHistorical S««i«�.Hi�«ri«Fort HERO(Joint Use)Ts|n|ng Facility SneUing'RennvotiunondVioiturCen!er Cottage Grove,MN E-11DUCATnOIN Minneapolis,MN Bachelor ofArchitecture Minnesota State University As Chief Estimator,Justin collaborates with the project team to develop and maintain accurate budgets from the schematic design phase through the final construction documents. In addition to his estimating duties,Justin oversees the estimating department working closely with the estimators,MEP coordinator, BIM specialist and scheduler. SIELEc rEID S1111MNLAIR EXPERIENCE City ofWoodbury/City nfCottage Grove, Woodbury City Council Chambers Justin Johnson HERO Public Safety TrainingFaoi|ity VVoodbur��WN Co�ageGmv�K4N Chief Es��mma�o�(�irmm: RJ��) Forest Lake YMCA and Aquatics �X P E-IRn�lIq C E' Rogers Police Station Forest Lake,K4N 1uyears ofexperience Rogers,MN The Good Acre E'DUCA'rnoim Medina Public Works&Police Department Falcon Heights,K4N Bachelor ofConstruction Management Medina,MN University ofMinnesota Brad brings l6years ofproject management experience tohis role auVice President Community. He's completed projects for ovariety ofclients including schools and municipalities. Brad has demonstrated an exceptional ability to communicate with clients from pve'uonutruodonthrough project completion. SELEc r1E1D S1111MNLAIR EXREIR111EINCIE City ofWoodbury/City ofCottage Grove, Woodbury City Council Chambers HERO Public Safety Training Facility Woodbury,MN Brad Barickman Cottage Grove,K4N �� mm��(��mm: �� City ofEden Prairi�Community Center ^ ' City ofWoodbury,Public Works* Eden Prairie,K4N Woodbury,MN 15yea,sofoxpe,|onoe City ufWorthington,Community Center E-IDUCATUOIN Rogers Police Station Worthington,MN Bachelor ofoonxtmRogers,MN Construction Shoreview Community Center* Iowa State University Medina Public Works&Police Department Shoreview,MN Medina,MN ^Pn8ect cqmpUetedwith prinrFrm Lll:::0 A �,,4,,k1 66 " ll!!CJI IIIII!!!IIII!dll!!!IIG s 8 City Hall and Public Safety Projects City of Oakdale, City Hall and Lino Lakes Civic Complex, Multi- City of Elko New Market, Multi- Public Works Need Assessment Use Facility(City Hall, Police, and Facility (Police, Fire, Public Oakdale,MN Early Learning Center)* Works, City Hall, Senior Center) Lino Lakes,MN Assessment and Master Plan* City of Forest Lake City Center, Elko New Market,MN New City Hall and Public Safety City of Brooklyn Center,City Hall Facility Master Plan Scott County, Elko New Market Forest Lake,MN Brooklyn Center,MN Branch Planning* Cit of Spring Lake Park, Cit Hall Elko New Market,MN Y p 9 Y Carver County, Master Facilities and Police Needs Assessment Plan Minnesota Judicial Center, Space Spring Lake Park,MN Chaska,MN Planning and Programming* Cit of Hastings, Cit Hall and St. Paul,MN Y 9 Y Coeur d'Alene Tribe Justice Police Space Needs Assessment Master Plan City of New Richmond, Phase 2 Hastings,MN Plummer,ID Community Commons Master Plan and Building Audit City of Newport, City Hall and City of Bismarck,Space Needs New Richmond,WI Police Concept Design Assessment for City Hall, Police, Newport,MN and Public Health City of Fergus Falls Facility City of Newport, Fire Station Bismarck,ND Assessment and Master Plan* Needs Assessment Hennepin County,Juvenile Fergus Falls,MN Newport,MN Detention Center Clinic and Office City of Minneapolis,City Hall Schematic Design Public Space Assessment& City of Middleburg Heights, Police Minneapolis,MN Master Plan* Facility Needs Assessment Minneapolis,MN Middleburg Heights,OH Hennepin County Detox Center Facility Assessment and Master Hennepin County, Park Grant County Social Services Plan Administration Building* Department,Space Needs and Minneapolis,MN Brooklyn Center,MN Renovation Assessment Elbow Lake,MN City of Dayton, Multi-Facility City of Chaska,City-Wide Master (Police, Fire, Public Works,City Facilities Assessment City of Rockford, City Hall and Hall,Senior Center)Assessment Chaska,MN Police Department Assessment and Master Plan* and Design* Dayton,MN Rockford,MN X911 NI) �J ,r.r.;,,,,,f r�i ��J�/ i/' ;, uu •w/, �M� ,,... r l tY lu Ip rz *Ifliro ed..coniplle't'ed rnri"Whi I iriioir firm, 67 11EO A iAI Y ��M 11I.X11PIII.�AIZ III 111:.�Amc 111.! O Grant County Sheriffs Office,Social Services, Public Health,and Emergency Management Study and Master Facilities Needs Assessment Elbow Lake,Minnesota The LEO A DALY team conducted a space needs inventory for the identified facilities/ departments,projected growth needs for now and into the future and developed a cost projection for the adequate square footage for these departments. It was identified that the Sheriff's Office is undersized with an opportunity to consider consolidating with municipal police departments and EOC space. Solutions were provided to give the County u Master Plan for future renovation and facility consolidation.The result Included renovated facilities,the elimination of two facilities from County maintenance Grant County and the potential toreturn those facilities tothe tax rolls. Carver County Master Facilities Plan Carver County,Minnesota The County commissioned LEO A DALY to conduct a comprehensive assessment of 14departnnentooftheuoun\y,ino|udingCuurto,Sheriffa'andHumanServioeo. aowe|| as Administration and support services.The work re-planned various departments to solve operational and growth needs,and to better organize the facilities for safety and public use.The assessment reviewed 7 buildings across the community and provided growth and space recommendations for the re-organization,renovation and expansion offacilities toaccommodate the 2Oyear growth needs. Hastings Police/City Hall Needs Assessment Carver County Hastings,Minnesota LEO ADALYwas commissioned toperform afull assessment and program of the historic Courthouse facility and the adjacent police facility.The assessment reviewed interior environments,operational efficiencies,safety,security,defensible office environments,movement control and integrated best practices for operational improvements to both facilities.The multi-phased renovation project will proceed over efew years. City ofSterling,Illinois,City Hall and Police Department Renovation Hastings Sterling,Illinois The city of Sterling's Coliseum Building,originally constructed in 1930,was renovated to house the city hall and police department.The updated design accommodates city administrative functions and significantly renovates the police department spaces already located on the lower level.The project transforms the historic auditorium space into contemporary offices and event areas.The auditorium's seating spaces were transformed into council chambers and offices exercising an efficient use of the wood floor,which was in excellent shape.The stage was removed to provide adjacent space for work and storage functions. City ofBayport Fire Station Ster|iIng Bayport,Minnesota The new Bayport Fire Hall replaces a6.630SFstation built inthe 1040uthat nolonger met the needs of the community.The facility consists of a 18,150-SF one-story plus mezzanine with five(double deep) apparatus bays that accommodate pull through capability with ten bay doors. Training features include: stair tower with repelling capabilities,rescue balcony, confined space shaft,breaching doors and windows,roof venting,smoke mezzanine � and caged ladder,which provide realistic simulation of the hazardous situations faced by firefighters on a regular basis.The project also includes new offices and storage, expansion space for apparatus and gear,equipment storage, laundry and mechanical Bayport shop,dayruonnand dorm suites. LEO A��LY �� u Vu.iil y i � II.I!�I :oni9ria pii i! r; References Our team at LEO A DALY has performed similar scope and size projects to that of the City of Centerville. Please feel free to reach out to the contacts below: City of Oakdale, Police Remodel and City of Omaha,Omaha Police Police Department Training Expansion Department,West Precinct COMPLETED: 2019 (Estimated) COMPLETED: 2019 (Estimated) CLIENT: City of Oakdale CLIENT: City of Omaha Bart Fischer,City Administrator Michael Oestmann,Contract (651) 739-5086 Administration Manager Bart.Fischer@ci.oakdale.mn.us (402) 444-4575 michael.oestmann@cityofomaha.org City of Forest Lake City Center, New City Hall and Public Safety Facility City of Woodbury/City of Cottage COMPLETED: 2014 Grove Minnesota HERO (Joint Use) CLIENT: City of Forest Lake Training Facility Aaron Parrish, Former City Administrator COMPLETED: 2019 (Estimated) (507) 328-2000 CLIENT: City of Woodbury/City of aparrish@rochestermn.gov Cottage Grove Lee Vague, Public Safety Director- Police Chief (651) 714-3500 Ivague@ci.woodbury.mn.us Proposed Timeline =� ��=~ Schedule�� .�� r��,��n�� = �� =�'��= ��~�"�� Our process is based upon the duration of similar studies and comprised of three primary parts that build upon the previous. Prior tobeginning the effort,vvewill conduct akick-off discussion with the City toconfirm the process, schedule, participants and activities of the effort, and will return a revised schedule within two business days. PHASE VVepropose the following schedule and fees: Part A: Facility Assessment: 2-3 Weeks $2,000 ^ Meeting: Building walk through;equipment inventory, low voltage assessment ^ Existing building documentation update ^ Operational analysis ^ Preliminary option evaluation discussion Part 13: Facility Planning Options 2-3 Weeks $2,000 ^ Meeting: Review menu ofoptions ^ Cost assessments Final Report 2-3 Weeks $1,500 Part Aand Bnot toexceed reinnburaab|ea $400 (4vehicle trips at approximately$50/trip+$200 printing ooete) Total Fee 6-9 Weeks A5.900 All applicable parts will be collected and bound to provide a comprehensive report in a hard copy and PDF format. Reimbursable costs at 1.10times actual costs LEO A��LY 7� / 1 , I � l RIl AIN IN IIIING i AIf�4",IIIIIICIf-.c r�jIIRIL: If � I ENGINEERING � I III IF E.:..I I10 IRS � � t / r II �� 1 r r r 'd III aVold I.:SII.....arll � @lleoadally.colm .56 .....30 Second .. ... ISouth SOte 'll 300 IIIIIroIrrlapolllin..h IIIA 5540 6112.3� 4k . . 8741 CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION ` , tery Ife Agenda Item# Department: Requested Council Meeting Date: V11L2.a, b Administration March 27, 2019 TITLE OF ISSUE: Water Hook-up Ordinance and Policy Review BACKGROUND AND SUPPLEMENTAL INFORMATION: See attached staff memos COST AND SOURCE(S) OF FUNDING: No direct cost REQUESTED COUNCIL ACTION: Provide city staff with direction as outlined in the attached memos. For Clerk's Use: SUPPORTED DOCUMENTS ATTACHED Motion By: Resolution Ordinance Contract Minutes Plan Map Second By: X Vote Record: Ave Nay Lakso Other(specify) Staff Memos Love Paar Koski Montain Administration Department Use: Refer to: Consent Tabled Until: Regular Other: 72 /w .„ , � i, 1350�N[mu,StreeE �i C' lerviCCe,'M9d5'S'038 l%', 65I 4143232 or r<xX,651 429-8629 March 21, 2019 Honorable Mayor and City Council 1880 Main Street Centerville, MN 55038 Dear Mayor and Council: Earlier this year, the City Council adopted changes to Chapters 51.08 - 5 1.10 of City Code,related to the mandatory connection to city water and sewer service. In summary, the changes deleted the mandatory hook-up date and replaced it with mandatory connection upon one of three conditions: 1) sale of the property 2) construction of a major addition to the home, or 3) repair to the well> $1,500. Recently, a homeowner had a contractor do some repair work to their well. The contractor on site told our public works department that the repairs would exceed $1,500. Our public works staff informed the contractor and homeowner, that this repair would necessitate connection to city water. The homeowner proceeded with the repairs and later sent us a letter stating that the repairs did NOT exceed $1,500. Staff would like to have the Council consider one of two options: 1. Leave the ordinance as is,but establish a policy as to how to address this type of conflict. 2. Change the ordinance to allow repairs of any dollar amount, but disallow the drilling of a new well, for the purposes of providing potable water. Option 1 Option 1 has several challenges. Often, the city is unaware of repairs being made, because there is no permit required for this work, unless electrical elements are in need of upgrade. Additionally, the city is not a party to the contract between homeowner and contractor, so we cannot verify the cost of the repair. A policy might have us request a copy of the invoice from the contractor/homeowner, but this may invite fraud. The policy may allow us to subpoena the invoice, making fraudulent documents riskier, but this is sure to be met with disdain by the homeowner and seems a bit heavy-handed. Perhaps the most difficult part of this option is that when a person's well fails, they are 73 out of water. This is a health and safety issue and the city should not put itself between a person and their well-being. In many cases, the issues occur in the winter, making it difficult, if not impossible for the person to comply with the existing ordinance until Spring. Again, because of winter conditions, there are no temporary options the city can provide. This forces them to fix their well as an interim solution, meaning, they will spend several thousand on their well, only to be forced into abandoning it a few months later in lieu of a city hook-up. Even in the summer, it is difficult for someone to find a contractor and get the city connection made in a timely enough manner where they can go without water to avoid the extra expense of a well repair. The advantages of Option 1, and reasons the ordinance was written this way in the first place, are that it discourages major investments in wells, which accelerates the connection to city water. The city has made steady progress in connecting homes to water over the past decade and a half and eliminating this criteria will slow that momentum. Option 2 The second option here is to revise our ordinance to simply allow any repair to a well that doesn't involve drilling a new well. When a well fails to the point where a new well needs to be drilled, this represents a much larger investment, making it a more palatable choice to spend money hooking to city water. The rule would not leave room for dispute about how much is being spent; there's no argument about whether or not you meet the threshold. You are either drilling a new well or you are not. While there are still issues surrounding mid-winter failures, wells don't tend to "go bad" overnight. A pump or other mechanical failures are sudden,but often a well that runs dry or begins to have water quality issues is something that comes with some warning and is more of a gradual occurrence. This allows the homeowner more time to plan for the hook-up and often they may be able to limp their existing system along for a few months, waiting for spring. While this change would avoid contentious disputes over repair bills, it does mean that there will be fewer hook-ups to city water and prolongs that process. As a refresher on the complex issues surrounding wells, the city attorney has provided this summary of the law: FAST FACTS—WATER CONNECTIONS &WELL REGULATION • What Can A City Regulate? o A City can regulate plumbing or pumping equipment used to draw water from a private well. o A City cannot regulate "the construction, repair, or sealing of wells or borings." o A City can prohibit the use of private wells for domestic water use or consumption. o A City cannot ban existing private wells except those that pose a danger or nuisance. 74 o A City can prohibit the drilling of new private wells. • Well Contractors: o A City cannot require a well contractor to pay a license or fee. o A City can require a licensed well contractor to report their activity in the City. o The Department of Health must provide lists of licensed well contractors. Staff is requesting direction from the City Council on this issue. Once direction is given, staff will bring back a formal policy, and/or ordinance revisions for review and approval. Sincerely, 44jlf— Mark R. Statz, PE City Administrator/City Engineer 75 0/h GIS 1880'Main S!r 1,C �MN03ut wlle, 556 „w ¢r(3.baa°a Fw. 4" csJ azo iz z a,Qap 6s1-41Q 862Q March 21, 2019 Honorable Mayor and City Council 1880 Main Street Centerville, MN 55038 Dear Mayor and Council: The city has established a Lateral Benefit Fee, which is charged to a homeowner that hooks to city water, if their property has not been previously assessed for the installation the water main. As the city has completed water main installation projects over the years, we have sent letters to adjacent properties, informing them of the fee and offering them an opportunity to pay that fee at the time of the project to avoid escalation of that fee in the future. Additionally, we have allowed the payment of this fee through special assessments. Unfortunately, we have a small area where we installed water main,but did not send this information to the adjacent property owners. The area includes the properties along the west side of Centerville Road, north of Sorel Street(7 parcels) and the two properties on Centerville Lake, adjacent to Cornerstone Park. The water main here was installed with grant funds through the Community Development Block Grant that helped make Block 7 ready for redevelopment. This situation means the water main is in place,ready for connection, but the property owners are not aware of the need to pay this fee upon hook- up. City staff is proposing that these property owners be notified of the city's fee structure and given an opportunity to pay the Lateral Benefit Fee that was in place at the time of the water main installation. The fee was $6,500 at the time and is now $8,000. We also wish to allow them to have the fee specially assessed to the property with the customary terms afforded to other property owners. Our proposal is that this offer be extended immediately, with a window of opportunity through the end of 2019. Sincerely, 46jL Mark R. Statz, PE City Administrator/City Engineer 76 Administrator/Engineer's Report AA.#tervi iia March 27, 2019 ADMINISTRATION State of the City Presentations on the State of the City were given at both the Quad Area Chamber of Commerce and the Hugo Area Business Association within the last two weeks. A similar presentation will be given by the Mayor at our April Council v Workshop. League of Minnesota Cities Annual LEAGUE OF MINNESOTA CITIES2019, U ' � I I i Conference Dututh Center, uLuch—Juno 26-28 City Council members are encouraged to Register NIow for the 2019 nnual] Conference attend the LMC Gat,ready to join nearly 500 of eo-ur aity colhealguiasFrur nicii iiies 2 thele II ke-, Conference. Please let June 26-28 in pYuulurtJh The League of IPylinnesots Citi>ss 20131 Anneal staff know if you'd Conference vdrill be yarn P216:ed leath ectting 'adeas and creative SDlUttrrns YOU like to attend and we can bring back to ll city. can get you signed up. Leave 'Routine: Behind @ the ILa ,el Get out of Annual Conference this 7u�nai Yoo,�¢IM ogee up to N�"�t�llo lillllt��lGt� i"W�1�'li�t��": ...., office and d�1v antra the 2019ttlttlt WELCOME date loin'the legiislatrwesessranlIhe.arfrom tvio C41v `wL�MI��lilfUu�l R'd';j'ilWlUl�"��y° TO THE, LAKE �e°yynotespealkars„.and have appzrtunities to V,t°''�ulo� iw w 1. li i coiihact expllo rE the city. ��Cllll111(lllliDlfyu "' "i14iuL�'� '+0°l't+I'�;uq';t� d,all��➢.�If t��:l ai,i,il are tt�iNl�lltn IJ qe 0GAPTURE Gest hlcoke,d on ieIdeas uy ��y�flulll.uiau� y�ud°tNeiir fllluiai� "nVK-at tricky chrallenges come up,ern aywour�dit,y 'ylW ls,l lo'h�l. Learn about c:ut�ay+s�ustainabiCii , disc!uss ed`ertive [are resolurres availalb to youir cuty� and nrrrre at tihis yeaTs ranFeuvence. Part-Time Receptionist Position Our lead candidate has accepted our employment offer and, I�uiid! Your Networkemployment a passing drug Muck-old the colnifenanc.e vi th youir zollea,ques in the aieh"ibit hall,cheer on yvuur'piers' during the test, she will begin on MAKIE Minnesota Cities Awards SIhla%i, and spend tike, April 1, no foolin'. CONNECTIONS with friends Bald and newducr'ln,g netw,arkinig breaks throughout the conference 77 Minnesota Clerks and Finance Officers Association Conference Come City staff attended the recent MCFOA conference in St. Cloud. %' Topics ranged from Liquor ,,,,, iiia Licensing to tutorials on PowerPoint and Publisher. ECONOMIC DEVELOPMENT Anoka County Regional Economic Development (ACRED) Marketing Committee I attended a Marketing Committee , i meeting recently and got up to speed on the committee's �� j initiatives. We will be working on aa�f/ rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr r rrrrr creating some promotional videos, expanding on our Broker Event and developing a Business Retention and Expansion strategy. Minnesota Technology Corridor The MN Tech Corridor group met again, this time to talk transportation needs. County Engineers from both Anoka and Washington Counties got together along with the cities in the corridor. The meeting was very productive, and should lead to some synergy between transportation plans from the two counties and all the cities. Good conversation was had, as well, about the future of interstate access points along both 35E and 35W. Economic Development Authority The EDA reviewed an outline of our proposed Business Loan and Grant program, reviewing interest rates, loan maximums and other terms. We are planning an open house to introduce the program to businesses in a few months once we have finalized our program and secured the necessary funds. The decisions on funding will come before the City Council for final consideration. The EDA also reviewed the concept of a downtown Tax Increment Financing (TIF) District and affirmed the City Council's approval for the home inspections. The City Council and EDA will need to work with our finance director and financial consultants to determine if a TIF district should be operated by the City Council or EDA. f ariiun�ers ')Vc ci . ot`iITig is ),&,,ed< "Iiiii qfII F , ri "\Lg, ml�, bici ,6Teeii [[ e mi] tl1u7�. )A,d6tc II3caf, II[., �� "� 1 �u II ��:; fl�i, tl.,'.W,:gVi�� tuii : �,I flc l Fit' 10,71�. at,e [Iots ilry bi� ��oaft u pA�JUN pa �f��,v 6� 01�w�: (nicks aiii,:d ��,d ��d��a��,w uu � `�ii,�u111en,�� llc Fj'��uN i ��;u�1f��a�ulf��i ��:wd"� fN�e d, PSI r',,�'d'. a Hie �'1i fld �,�' �u��""�'��^u fl �,4,II u��im'.,w iv. 78 COMMUNITY DEVELOPMENT oll '1113ul- su[aau� Hiu"Li �flafI 11-clicenic"i Iol�� N`1�"l riliI Estates "I -dU Ud'nvs' Waterworks Site/DeFoe Property 1'u'ls 1-10ell ovi DocurViem�s' III d1c, We also saw a first draft of the Landscaping Plan, which has been a long awaited part of the overall development plan. We are hopeful all final documents will be ready for final approval at the next City Council meeting and that we can finally record the plat and start issuing building permits as soon as the frost is out of the ground. Old :IN fill IIID'stafi,s XtOTTAk" 1176/0H'J1:1'1 or� tl�e Oel/cliijp�"'T`s J'11 (] re�"Accl No; 131ock 7 llroperi�u refflor eu-e coioJ1111.11II11", par��cs Ulcy P:: R'mr A 2, Zotfltl�:�' (711)rrrifls!'JOwl aild zo�litug Cot�arps' �oII '1voufld fua[e a M01,11VC I prii-p uu I t[lc (kill", [)[Iasc. Commerce Drive Property An agreement has now been reached and a formal purchase agreement signed. That agreement will be reviewed in closed session at this City Council meeting. If everything is in order, the City Council may choose to officially accept the agreement. The architect for Midwest Best Water has drafted some potential building fagade treatments for review. 20th Avenue Corridor Zoning (.'o�Y sUfll'I11[110' U'�c "HIR1 Gi�)�' Ru�Tu�'x Vo dk(liss a )11TaHeIi11I[ c&i�aSlu 1�11 III) 'dcig 20"' '\1/� 1J1Uh` c& 4''l flpo jj�lear'!, uIsutio" luilil Vfiere Iliau,o,e [uC111 SC'1111"Cra� 111)dlu01 struggped Lo I1( u11 flpc uuies 11-a �[ e 1ard' U'lle IssuS [111) aildI III t�p i-"110[111`11�SsIoll at III's N,lari'Ji tneeV4�g. T[lc 1"A'rCH 79 a fif�al J�Llfii has hCerl afwd IVIIH E) IlIrewit Iukd �,o putflic fl Pu[�wHc IIINOLfld uko,,A,r �N",I�I potcu,6A ho uu ,wc, CODE ENFORCEMENT—RESIDENTIAL General 0 Staff addressed a complaint over garbage can placement CODE ENFORCEMENT— COMMERCIAL/INDUSTRIAL Fh'12, IIJy ,,atoriicy h�Assubit6H,cd kw wIc',A' COHRIHICWE� PkJ1111H h) auow tie' w,Aive �u,e ^A,u14i II Lhcii ccspouise Clijiodifional Use Fliii,�rniii� ffNw, '1,01[11 kwk, ai 1f dwILr CoiMkiotw,,fll I �se Pernpk. IVe Hdrk di�,N'C ZAD,' SOMIc, (ha( mhaiu(J[ug th("4, C4,v atiil lciml6a, clizi1q;es, IlwI Ole R. 7121192 I)Ih to flhc, LuilkHiig 7129 20'�' ha,,,c a [o ,,trea Thc Hgfils 1"Ofl, up (file �O �,�a��c Cot�ct�rI ��udf' flwchat(.J a 111111eenMg bL6kIkIII1 OIAAM �,11111111 rcs,41(�Ias, ] he [x,6�11,11111P b , ry to wwISLjflj jjj,�o(fis, o�i dic lxture�,� atid/ior ixkUjp' V'ixhu-cs, ai,id flie h,I)MODIAMet's ho surctllk'ul ''Y "if"C' :'Wogivsi u, be4l,:; alade a [uu; rc�,ihi+:cd a pc,w'Iiaw afieW 1,111holes,iiiiinie CoiiwA uuP NA(A' a rcspow. ,� to edrhi,,u, 1% STORMWATER/WETLAND Lahe '1111ML Ic P111"IDI s for flhest, hltki�, s IIAICIV, 112 d q 5 I yn,�ars ago �,,uu,A krive had flue, fiiufl Flai-u�l�,�(wripklcd ai,id b," Nj,IPC'I,,\, This fitiaa� soej,'I' �'S J, flWIN, kpr13givss ,,,urc� shc�ukf uukmw k uii,np,°wkwH fuuuklg fi)f° 1)['113I)CCAS fl[M( ft�,ALMH,1111r IN'llOrk to Nsli,�cl SI�Cfii-,w (he 80 Rice Creek Watershed District— Technical Advisory Committee The RCWD TAC will meet on 3/28 to continue discussions on the watershed's master plan. City staff continues to be a part of these meetings to provide our input on the priorities identified. SEWER AND WATER M"1111164H]ea i Puw�I I"O:lIll:iiiIotl P1111 1)1Ib uuIII Ie('i"t411 a !ua , Ibec .il q(e� f'or )vlar qu 27, ,11 OUr &au _"ulf:yr cealuu��:�. I) [Ic i ata 11111.;i livil.l.q. be rui'16�, ed 41 owII u.. II �IliM1111�h.N@ Ila n' 111,1 dat i )Iain Lec�oi�wstrucdolh. I-)Illle"�l11�iI::i!i[iic��> Mock Gliark T[ie�r�r [nave us m of u: !)p uc.aLiui)ti 1100 [u S11I Uq vPRq' H + h,IIIUnZ°es. d "0.B hrar tc, I"o[I n) be 1IC1/ilL' )A7112: hvM be su Y Y,sfuB oull �IIm A 1Jlw: vow c )x(H !)e �aII)�c Lo II lr�olv,q.dc arca 11511M, i a[I Arc�c' PUBLIC WORKS/STREETS Spring Thaw Staff has been clearing storm drains and keeping culverts clear of debris to help prevent flooding. We have also been investigating our sewer system to find sources of infiltration. During the thaw we have noticed increased flow at our lift stations (some more than others). Road restrictions have been posted on city streets, limiting the amount of weight per axle on trucks. PARKS �l J)a N .w mriv 11'as '14""'11111 �J 7 1AVO tl.W"M ViC �UIVd° "JI1Irte; �wJi,i i � x �!Yfj��%�/%r`ay��i✓i��%�: ✓��'li%%� rii ii///�i i,�i"i Illl�l�'�P�II��c.�� .�'��pc.��4��.X� u��ndU u'611,p. -�+nw� �i �.��IIJyll'!1�'111101111/l,1011kJfi�»��+n,.,.,�rrn�/�G ��ii �"� � O ... ,"'i ✓,,,,/ /i®�/i;��Y//Iu%G�/% 1pW ,,. U1��111111lJ � � �/��VUJ➢�1fi1�,r�&��m,, ��/100 1//l//////////O///////ll//O//%/'/Oo/i oiii�i�� „��,u iir�� q � 10 s[ie uJ �LFII U II �q;n Gaga Ball Pit The Gaga Ball Pit has been ordered! 81 4111fif]1R'alhq:P,YtCqI11141141 14111111 11A/orkNoll iJN fi.uial M/flI K, iOfl c FETE DES LACS—JULY 16— 21, 2019 Fete des Lacs Committee The festival's committee met on Monday March 18 and made progress on pulling together all of our events. Fund raising will begin this week, with letters set to go out to businesses on 3/25. Lions members and city staff will be following up with in-person visits and phone calls. PUBLIC SAFETY C omic1m ial Lakes :Police DepaL:1 nI inci�1t; Uii f'Coat:M �1c: a . tlM c �fl d,� Dq aM'ilulrue,l11l IM ffic OlyI,oIIII.Ir.Cfll 41 IIIINII,:IPu..0 I[.. Centennial Fire District • The Guns & Hoses Hockey game had roughly 400 spectators and raised$4,893 that will be donated to the Anoka County Peer Support Team. Link to watch the game - at4,h...I1c�:. . • Thanks and great job to Mattj Rauner for putting together this i week's drill on ventilation and l fire behavior. r, r 82 CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTIONitermVe, Agenda Item# Department: Requested Council Meeting Date: X11I.1 Community Development March 27, 2019 TITLE OF ISSUE: Purchase Agreement - Midwest Best Water BACKGROUND AND SUPPLEMENTAL INFORMATION: See attached Purchase Agreement from Midwest Best Water. A closed session has been scheduled on the agenda if the City Council wishes to engage in further discussion on the purchase agreement. COST AND SOURCE(S) OF FUNDING: $405,000 (income) - Committed to bond fund for Commerce Drive bond REQUESTED COUNCIL ACTION: Motion to approve Purchase Agreement with Midwest Best Water as presented. For Clerk's Use: SUPPORTED DOCUMENTS ATTACHED Motion By: Resolution Ordinance Contract Minutes Plan Map Second By: X Vote Record: Ave Nay Lakso Other(specify) Love Paar Koski Montain Administration Department Use: Refer to: Consent Tabled Until: Regular Other: 83 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT("Agreement")is made and entered into by and between CITY OF CENTERVILLE,a municipality (collectively "Seller"), and MIDWEST BEST WATER SALES, INC., a Minnesota corporation, its successors or assigns("Buyer"). For purposes of this Agreement,the term"Effective Date"shall mean the last of the dates indicated adjacent to the signatures of the parties herein below. 1. Property. Subject to fulfillment of the terms and conditions of this Agreement,Seller shall sell to Buyer and Field Code Changed Buyer shall purchase from Seller the real property located in the City of Centerville,County of Anoka, and State of Minnesota legally described in EXHIBIT A attached hereto (Tax Parcel ID's No. 243122230018 consisting of ` Field Code changed approximately 2.3 acres of land,together with all easements,tenements,hereditaments,and appurtenances belonging Field Bode changed thereto and all buildings, structures, fixtures and improvements (if any) presently affixed, attached to, placed or Field Code Changed situated thereon(collectively,the"Property"), Field Code changed 2, Purchase Price;Payment. Field Code Changed Field Code Changed 2.1 Purchase Price.The purchase price to be paid by Buyer for the Property shall be the sum of Four Hundred Field Code Changed And Five Thousand and no/100 Dollars($405,000.00)(the"Purchase Price"). - Field Code Changed 2.2 Payment.The Purchase Price shall be paid as follows: Field Code Changed 2.2.1 Earnest Money. Within five (5) business days after the execution and delivery of this Agreement between Buyer and Seller, Buyer shall deposit earnest money in the amount of Ten Thousand and no/100 Dollars ($10,000.00) (the "Earnest Money") with Land Title, Inc. ('Title"). The Earnest Money shall be placed and held by Title in its commercial account and disbursed in accordance with the terms of this Agreement and shall be credited in favor of Buyer against the Purchase Price payable at Closing. Any and all interest accruing on the Earnest Money pursuant to this Agreement shall be paid to Buyer and shall accrue solely for Buyer's benefit, provided, however, at Closing, Buyer may instruct Title to release any and all interest accruing on the Earnest Money to Seller and Buyer shall be entitled to an additional credit against the balance of the Purchase Price due at Closing in amount equal to the accrued interest released to Seller. Wherever the Agreement provides for return or refund of the Earnest Money to Buyer, Title shall promptly return or refund the Earnest Money to Buyer in accordance with the Agreement upon receipt of written notice from Buyer and no consent or writing shall be required from Seller. 2.2.2 Cash.The balance of the Purchase Price shall be paid(subject to prorations, reductions and credits as provided below)by wire transfer at the Closing. 3,, Title To Be Delivered;Commitment*Survey;Title Objections. Field Code Changed 3.1 Title To Be Delivered.At Closing,Seller agrees to convey marketable fee simple title in the Property,subject to Field Code Changed the Permitted Exception(as defined herein). 3.2 Commitment Survey. 3.2.1, Commitment. Within fifteen (15) business days after the Effective Date, Seiler at its sole cost and expense shall provide Buyer with a commitment("Commitment")covering the Property to be issued by Title and delivered by Title to Buyer wherein Title agrees to issue to Buyer upon the recording of the Deed (defined herein) and the conveyance documents described herein an ALTA (Form 2006) Owner's Title Insurance Policy,with standard coverage,in the full amount of the Purchase Price.The Commitment shall have an effective date after the date of this Agreement,shall be accompanied by copies of all recorded documents affecting the Property, and shall include searches for real estate taxes and pending and levied special assessments. Seller shall deliver a copy of the Survey(defined herein)to Title so that the initial Commitment may be amended or supplemented to contain any survey exceptions to title. 3.2.2. Survey.Within Fifteen(15)business days after the Effective Date,Seller at its sole cost and expense -1 - 84 shall provide Buyer with an ALTA/ACSM Land Title Survey ("Survey") of the Property prepared by Minnesota licensed surveyor,which Survey shall be certified to Buyer and Title and shall meet the then current accuracy standards jointly adopted by ALTA and ACSM and shall contain items 1 through 4,5, 6(a), 8, 9, 11 and 16, 18 and 19 of Table A of the 2016 Minimum Standard Detail Requirements for ALTA/ACSM Land Title Surveys.Seller shall deliver to said surveyor a copy of the Commitment to be delivered to Buyer as provided above,so that the Survey delivered to Buyer will include and identify the location of any encroachments, easements,encumbrances or other restrictions that are identified or disclosed in the Commitment.Seller shall deliver an electronic PDF copy of the Survey to Buyer upon its receipt thereof from the surveyor. If Seller does not timely deliver the Commitment or Survey prior to the expiration of the applicable deadlines set forth above, then (i) the time for all performances, payment obligations, and deadline dates (including, without limitation,the time for performances or elections by Buyer hereunder,the dates pertaining to payment or disbursement of any Earnest Money or pertaining to any Earnest Money becoming non-refundable, the Contingency Date, (defined in Section 8 below) and Closing Date (defined in Section 9 below), shall be extended by one(1)day for each day Seller is late in delivering the Commitment or Survey,as applicable. 3.3 Title Obiections. For purposes hereof, the term 'Title Evidence" shall mean the Commitment, copies of recorded documents referred to in the Commitment, and the Survey (or any update or supplement to any of the foregoing). Buyer shall have until the date that is ten (10) business days after receipt of the Title Evidence to make written objection to matters disclosed in the Title Evidence which adversely affect marketable fee simple title to the Property(collectively,"Objections").Any Objections not timely objected to by Buyer by written notice delivered to Seller on or before the Title Objection Deadline shall be deemed a "Permitted Exception" hereunder. Seller will use best efforts to cure the Objections on or before the date that is twenty(20)days after receipt of Buyer's Objections("Cure Period"). If Seller shall fail to have all such Objections cured by the expiration of the Cure Period,then without limiting any other remedies Buyer may have at law or in equity,Buyer may,in its sole discretion,elect any of the following remedies: (a) terminate this Agreement without any liability on its part by written notice to Seller in which event this Agreement shall be deemed to be cancelled and terminated,without further notice or action required of either party, the Earnest Money shall be returned to Buyer, and Buyer and Seller shall thereafter be released from any liability or obligation hereunder; provided,however,that Buyer's indemnification obligations under Section 4.2 of this Agreement shall survive such termination;or (b)waive such remaining Objections in writing and proceed to Closing,subject to fulfillment of the other terms and conditions hereof, in which event the Objections that have not been cured shall be deemed Permitted Exceptions at Closing. Whether or not Buyer has delivered to Seller any notice of title objections pursuant to the foregoing terms, Buyer may, at or prior to the Closing,notify Seller in writing of any objections to title exceptions first raised by Title or the surveyor that prepared the Survey between the original effective date of the Commitment or Survey, as the case may be,and the Closing.Any such objections made by Buyer shall be resolved in the same manner and within the same time frames as set forth above,and the Closing Date shall be extended accordingly. Notwithstanding anything contained herein to the contrary,Seller shall be obligated to cure and satisfy(i) mortgage or deed of trust financing or similar liens given for security or collateral purposes,(ii)state,federal or local tax liens or liens for the nonpayment of special assessments, and (iii) any other judgment liens or non-consensual liens (collectively, "Liens"), it being the understanding and agreement that if Seller has not removed such Liens by the time of Closing, then any such Liens will be cured and satisfied out of Seller's proceeds at Closing, if not sooner paid; provided, however, that Seller shall have no obligation to cure any Liens created by the act of Buyer or its agents or contractors, including without limitation, any Liens filed with respect to labor and services performed or materials supplied at the instance and request of Buyer. In the event,during the term of this Agreement,Seller defaults on the payment or repayment of any Lien,or if any Lien holder commences foreclosure proceedings,such an occurrence shall constitute a Seller default hereunder,entitling Buyer to cancel this Agreement in conformity with Section 15.1, below. Alternatively,and in Buyer's sole and exclusive discretion,Buyer may cure Seller's defaults under any Lien,and fully or partially pay and satisfy any Lien,in which case all payments thereby expended by Buyer shall be credited against the Purchase Price payable by Buyer at Closing. -2- 85 4, Property Information:Inspections:Covenants of Cooperation. - Field Code changed 4.1 Property Information. Within 3 days of the Effective Date, Seiler shall deliver to Buyer, at no cost to Buyer, Field Code changed complete and accurate copies of any contracts, leases, licenses or other agreements pertaining to the Property,and copies of all permits, plats, authorizations, notices, consents, approvals, plans, specifications, surveys, engineering studies, analysis, soil test borings, geotechnical reports, environmental studies, operating agreements, Permits, wetland delineations, tax statements, tax notices, and other documentation pertaining to the Property (whether prepared or issued by Seller,Seller's agents or independent contractors,any governmental authority or agency,federal, state or local, or any other third party), to the extent that Seller has the same in its possession or has a right of possession thereto (collectively, "Property Information"). Upon delivery of Property Information to Buyer, Seiler shall provide written notice("Property Information Notice") to Buyer stating that the Seller has delivered all of the Property Information in its possession and control. if Seiler does not timely deliver the Property Information and Property Information Notice to Buyer prior to the expiration of the applicable deadline set forth above,then the time for all performances,payment obligations, and deadline dates (including,without limitation,the time for performances or elections by Buyer hereunder,the dates pertaining to payment or disbursement of any Earnest Money or pertaining to any Earnest Money becoming non-refundable,the Contingency Date and Closing Date),shall be extended by one (1)day for each day Seller is late in delivering the Property Information. 4.2 Inspections. At any time after the Effective Date, Buyer and its employees, agents, contractors, designees, attorneys,tax advisors,lenders,and other representatives("Authorized Parties")shall have the right to enter upon the Property from time to time for the purpose of investigating and inspecting the Property,performing inquiries and testing upon the Property, and determining the suitability of the Property, including without limitation, inspecting, surveying, engineering, test boring, wetland delineating, performance of environmental tests, and other feasibility studies and analyses (collectively the "Inspections"). Except as provided above, Buyer shall indemnify and hold harmless Seller from and against any liabilities or damages to persons or property arising from Buyer's entry onto the Property hereunder, unless such liabilities or damages arise from the negligence or willful misconduct of Seller; provided, however,that Buyer's indemnification and hold harmless obligations shall not apply to any liabilities or damages arising out of or in any way related to any hazardous substances, hazardous materials, pollutants, contaminants, toxic substances or contaminated soil or groundwater discovered during the Inspections and not introduced onto the Property by Buyer or its Authorized Parties. 4.3 Covenants of Cooperation. Seller agrees to cooperate, at no cost to Seiler, with Buyer and its Authorized Parties with respect to Buyer's intended development and use of the Property and any efforts to obtain any governmental or quasi-governmental approvals, permits, authorizations or agreements required for Buyer's intended development or use of the Property.Seiler agrees to execute,and if required,to use commercially reasonable efforts to obtain the written consent therefore from any mortgagee(s) or other third parties who may have a lien upon the Property, for any applications, submissions or other documents required to be filed in connection with any efforts to obtain such approvals(including,without limitation,a plat or re-plat of the Property). 5, Control of Property Condemnation. -- Field Code Changed 5.1 Control of Property. Until the Closing, except for Buyer's indemnification obligations set forth in Section 4.2. above, Seller shall have full responsibility and the entire liability for any and all damages or injury of any kind whatsoever to the Property and all persons,whether employees or otherwise,and all property from and connected to the Property,except to the extent caused by Buyer's negligent acts or willful misconduct.From and after the Effective Date, Seiler will not enter into or permit any new easements, covenants, conditions, restrictions, liens, mortgages,or other encumbrances whatsoever upon the Property, or any amendments or modifications of any such existing encumbrances on or prior to the Closing Date,without Buyer's express written consent.The condition of the Property at Closing shall be the same as of the Effective Date of this Agreement,reasonable wear and tear excepted.During the period from the date of Seller's acceptance of this Agreement to the Closing Date, Seller will not enter into any contracts or agreements affecting the Property that are not cancellable within thirty(30)days'notice from Seller,without obtaining Buyer's prior written consent,which consent shall not be unreasonably withheld,conditioned or delayed. 5.2 Condemnation. If, prior to the Closing,the Property shall be the subject of an action in eminent domain or a proposed taking by a governmental authority,whether temporary or permanent,Buyer,in its sole discretion,shall have the right to terminate this Agreement upon written notice to Seller,and upon termination,the Earnest Money shall be delivered to and retained by Buyer, and thereafter, neither party shall have any further liability or obligation under this Agreement,except that Buyer's indemnification obligations under Section 4.2 above shall survive such termination. if -3- 86 Buyer does not exercise its right of termination,then(i)any and all proceeds arising out of any such eminent domain or taking shall be held in trust by Seller for the benefit of Buyer and paid to Buyer at Closing; (ii) the "Property'shall thereafter be defined to mean the Property less the portion taken by eminent domain or condemnation, and (iii) the Purchase Price shall not be adjusted. 6. Representations and Warranties of Seller.Seller represents and warrants to Buyer that: 6.1 No Violations Litigation or Condemnation. All notices of or violations of law or municipal ordinances, order, rules noted or issued by any governmental authority having jurisdiction over the Property have been complied with or will be complied with by the Closing Date.There is no actual or to Seller's knowledge,threatened action,litigation,or proceeding by any organization, person, individual or governmental agency (including governmental actions under condemnation authority or similar proceedings)affecting the Property. No action in condemnation or eminent domain proceedings are now pending or,to Seller's knowledge,contemplated against the Property. 6.2 FIRPTA.Seller is not"a foreign person"as defined in Section 1445 of the Internal Revenue Code of 1986 and any treasury regulations promulgated thereunder. 6.3 Marketable Title. Seller has good and marketable fee simple title interest in the Property subject only to the exceptions to title disclosed in the Commitment or Survey. 6.4 Liens and Encumbrances; No Unpaid Services.The Property will,as of the Closing Date,be free and clear of all liens,security interests,all encumbrances,leases,unrecorded agreements,or other restrictions or objections to title except as permitted by this Agreement.All services,labor or material which have been furnished to the Property by or for Seller have been fully paid for or will be fully paid for prior to or on the Closing Date so that no lien for services or materials rendered can subsequently be asserted against the Property. 6.5 Business Authorization. Seller is duly organized, existing, and qualified to do business under the laws of the State of Minnesota;Seller has duly and validly authorized and executed this Agreement,and has full power to enter into and perform this Agreement pursuant to its terms;the person signing this Agreement is authorized by Seller to do so; the execution and delivery of this Agreement,and the consummation of the transaction contemplated hereby,will not constitute a default under Seller's governing documents,or under any agreements,mortgages,or other instruments to which Seller is a party, and is not in contravention of law, order, ordinance, or regulation by which Seller is bound or subject. 6.6 Disclosures. Seller discloses that there is not a well on the Property and Seller will sign and deliver a well disclosure certificate in conformance with Minnesota law to Buyer simultaneously with the execution of this Agreement. To the extent there is a well and the well is not used or is abandoned,Seller will,at its sole cost and expense,seal the well in conformance with applicable Minnesota law prior to the Closing Date and deliver documentation to Buyer confirming same. Except for any well disclosed by Seller to Buyer in the well disclosure certificate,there are no oth wells, private septic systems, above ground storage tanks, or underground storage tanks on, under or about ter he Property. 6.7 Environmental Matters. Seller has not used the Property for, or engaged in the business of, the generation, transportation, storing, treating or disposing of any "hazardous materials", "hazardous substances", "pollutant", or "contaminant"included within the definition of such terms under any federal, state or local statute, law, or ordinance (collectively"Hazardous Materials"),including by way of illustration and not by way of limitation,the Clean Air Act,the federal Water Pollution Control Act of 1972,the Resource Conservation and Recovery Act of 1976,the Comprehensive Environmental Response,Compensation and Liability Act of 1980,the Toxic Substances Control Act,or the Minnesota Environmental Response and Liability Act(including any amendments or extensions thereof and any rules,regulations, standards or guidelines issued pursuant to any of said environmental laws)(collectively,"Environmental Laws").There are no existing or pending remedial actions or other work,repairs,construction or capital expenditures with respect to the Property in connection with the Environmental Laws,nor has Seller received any notice of any of the same.Seller has no knowledge or belief that any other person has used the Property for the disposal of any Hazardous Materials, nor has Seller knowingly permitted any person to so use the Property for the disposal of any Hazardous Materials.The Property is not subject to any liens or claims by any governmental regulatory agencies or third parties arising from the release or threatened release of Hazardous Materials in, on, or about the Property, and Seller is not aware of any pending or contemplated search or investigation of the Property or any portion thereof with respect to any environmental matter.To Seller's knowledge,the Property has not been used as landfill and there is no solid waste, garbage,construction debris,road tailings,asphalt,concrete or foundations on,under or about the Property.No notices -4- 87 of any violation of any of the matters referred to in the foregoing sections relating to the Property or its use have been received by Seller and there are no writs, injunctions,decrees, orders or judgments outstanding, no lawsuits,claims, proceedings or, to Seller's knowledge, investigations pending or threatened, relating to the ownership, use, maintenance or operation of the Property, nor is there, to Seller's knowledge, any basis for any such lawsuit, claim, proceeding or investigation being instituted or filed. Seller has provided to Buyer any and all previous, current and/or pending information regarding any court or regulatory actions,environmental audit(s),and other information concerning Hazardous Materials,or soil or ground water contamination on or around the Property,to the extent any such materials are in Seller's possession. 6.8 Tenants; Unrecorded Instruments. There are no tenants or licensees in possession of any portion of the Property. There are no leases, licenses, purchase agreements, purchase options, rights of first offer, rights of first refusal,or other unrecorded agreements in existence which affect the Property. 6.9 Flood Plain.No portion of the Property lies within a flood plain area. 6.10 Burial Remains. There are no cemeteries, burial grounds, or any other cultural remains located upon the Property which have been identified and/or authenticated, or to Seller's knowledge, could be identified and/or authenticated,in accordance with the provisions of any applicable state law. 6.11 Taxes; Special Assessments. There are no delinquent or deferred taxes against the Property. There are no "Green Acres"taxes against the Property. No ordinance or hearing is now before any local governmental body which either contemplates or authorizes any public improvements or special tax levies,the cost of which may be assessed against the Property.Seller has not appealed any taxes or assessments payable against the Property and has made no commitments or agreements with any taxing authorities pertaining to the payment of taxes and assessments against the Property or the assessed value of the Property. 6.12 Access.The Property abuts or has lawful direct access to a public right of way,or has driveway access to a public right of way by private,perpetual,appurtenant,irrevocable easement assignable to Buyer at Closing. If the Property has no lawful direct access to a public right of way,then as a condition to Closing,Seller agrees to obtain, execute and deliver to Buyer,appropriate easement(s)in form satisfactory to Buyer for the benefit of the Property Buyer to cover any driveways and right of ways specified in Buyer's site plan from the property line of the Property over property adjoining the Property to the public right of way(s). 6.13 Improvements. There are no buildings,structures,fixtures,or other improvements("Improvements")on the Property and Seller shall not erect any Improvements on the Property after the Effective Date without Buyer's prior written consent which may be withheld in Buyer's sole discretion. 6.14 Mineral Rights. There are no mineral rights or water rights in the Property held by any third party, with the possible exception of the State of Minnesota. If any third party other than the State of Minnesota has any mineral rights or water rights in the Property,then as a condition to Closing,Seller agrees to obtain a written release or conveyance from the holder of any such mineral rights or water rights. 6.15 Separate Tax Parcel.The Property is a separate tax parcel and may be conveyed without the necessity of the filing of a plat or replat or subdivision or resubdivision. If the Property cannot be conveyed as a separate lot and flax parcel, then as a condition to Closing, Seller shall be responsible at its sole expense for obtaining all governmental approvals as are necessary so that the Property may be conveyed to Buyer as a separate lot and tax parcel, in conformance with all applicable laws, rules, regulations, ordinances or orders of any governmental authority having jurisdiction over the Property relative to the platting or subdivision of land. 6.16 Methamphetamine. Seller is not aware of any methamphetamine production that has occurred on the Property. 6.17 Recorded Covenants.To Seller's knowledge,no default exists under any recorded declarations,covenants, restrictions or easements affecting or encumbering the Property on the part of Seller or the other party thereto and Seller has performed all of its obligations under such recorded declarations,covenants,restrictions or easements. The representations and warranties set forth in this Section 6 shall be continuing and shall be true and correct on and as of the Closing Date with the same force and effect as if made at that time,and all such representations or warranties shall survive Closing for a period of twelve (12) months provided, however, no claim for breach of -5- 88 representation is actionable or payable unless: (a)the breach in question results from, or is based on a condition, state of facts or other matter which was not disclosed to Buyer prior to the Closing Date; and (b) written notice containing a description of the specific nature of such breach is delivered by Buyer to Seller prior to the expiration of said twelve(12) month survival period, and an action with respect to such breach(es)is commenced against Seller within twelve(12)months after Closing Date. If,at any time prior to the Closing Date,Seller acquires knowledge of events or circumstances which render the representations set forth in this paragraph inaccurate in any material respect,Seller shall immediately notify Buyer in writing. Except as set forth in this Section 6,neither Seller nor any real estate broker, agent or other representative of Seller has made any representations or warranties whatsoever regarding this transaction or any fact relating thereto, including,without limitation,the condition of the Property. Buyer has not relied,and will not rely on,and Seller is not liable or bound by, any express or implied warranties, guaranties, statements, representations or information pertaining to the Property or relating thereto,to whomever made or given,directly or indirectly,verbally or in writing, made or furnished by: (i)Seller,other than those specifically set forth in this Agreement; (ii)any real estate broker or agent representing or purporting to represent Seller;or(iii)any other third party. Seller agrees to indemnify and hold Buyer harmless from and against,and to reimburse Buyer with respect to any and all claims, investigations,demands, causes of action, loss,damage, liabilities, and costs asserted against or incurred by Buyer, including reasonable attorneys' fees, by reason of or arising out of the breach of any representation or warranty as set forth in this Section 6. If,at any time prior to the Closing Date,Seller acquires knowledge of events or circumstances which render the representations set forth in this paragraph inaccurate in any respect, Seller shall immediately notify Buyer,in writing. 7. Representations and Warranties of Buyer. Buyer represents and warrants to Seller that Buyer is duly organized,existing,and qualified to do business under the laws of the State of Minnesota;Buyer has duly and validly authorized and executed this Agreement,and has full power to enter into and perform this Agreement pursuant to its terms;the person signing this Agreement is authorized by Buyer to do so;the execution and delivery of this Agreement, and the consummation of the transaction contemplated hereby,will not constitute a default under Buyer's governing documents, or under any agreements, mortgages, or other instruments to which Buyer is a party, and is not in contravention of law,order,ordinance,or regulation by which Buyer is bound or subject. Buyer is solvent and has the financial capacity to consummate the transaction contemplated herein. $x Buyer ;Contingencies to Ciosing.The Closing of the transaction contemplated by this Agreement and all the obligations of Buyer under this Agreement are subject to fulfillment or waiver,on or before the 120" day after the Fieldde Changed Effective Date(the"Contingency Date"),of the following conditions precedent("Contingencies"): (a) Buyer shall have determined in its sole discretion that the Property is acceptable to Buyer in all respects, including without limitation, physical status or condition of the Property (including without limitation,environmental,geotechnical(soil),wetland,floodplain,drainage and availability of adequate access and utilities),economic feasibility of development and market feasibility.Buyer may determine the same from review of the Property Information and the Inspections performed pursuant to Section 4, and any other inquiries or other examinations,studies or evaluations of the Property,if any,which Buyer elects to perform or to have performed, and by taking into consideration such facts as Buyer deems relevant. (b) Buyer shall have approved of and/or obtained all zoning, rezoning, variance, permits, approvals, licenses,easements and agreements, including without limitation, an approved site plan and plat for the Property (collectively, "Approvals") from the City of Centerville or any other such municipal authority or government authority having jurisdiction over the Property deemed necessary by Buyer to permit Buyer's intended use and development of the Property(collectively"Approval Contingency"). (c) Buyer shall have secured financing for the Purchase Price,upon terms satisfactory to the Buyer,in the exercise of its sole discretion,and the proceeds of such financing shall be available at Closing. If Buyer determines, in its sole discretion, that the Property is not suitable or acceptable to Buyer or that the foregoing contingencies have not been fulfilled or satisfied to the satisfaction of Buyer, then Buyer shall have the right to terminate this Agreement by delivering written notice of its election to terminate to Seller at any time prior to -6- 89 5:00 p.m. Central Time on the Contingency Date. If Buyer delivers written notice of termination to Seller on or before expiration of the Contingency Date, then this Agreement shall be deemed to be cancelled and terminated, without further notice or action required of either party,the Earnest Money on deposit with Title shall be returned to Buyer and Buyer and Seller shall thereafter be released from any liability or obligation hereunder; provided, however, that Buyer's indemnification obligations under Section 4.2 of this Agreement shall survive such termination.If Buyer does not deliver written notice to terminate to Seller prior to expiration of the Contingency Date, then Buyer shall have no further right to terminate this Agreement pursuant to this Section 8, and except as otherwise provided herein,the Earnest Money shall become non-refundable to Buyer. 9, Closinq Date.The term"Closing"shall mean and refer to the act of settlement of the purchase and sale of the Field Code Changed Property,and the delivery of deeds and monies subject to the terms and conditions set forth in this Agreement.Closing - shall be held at the offices of Title, or at such other place as Seller and Buyer may mutually determine, including by means of an escrow closing. Subject to the fulfillment or waiver of the conditions hereof, and provided that all of the covenants,representations and warranties of Seller are true and correct on the Closing Date as though made on such date and the status and marketability of title shall have been established to Buyer's satisfaction in accordance with Section 3 of this Agreement, the Closing of the purchase and sale shall take place within thirty(30)days after the Contingency Date, or on such earlier date as specified by Buyer by written notice to Seller (the "Closing Date"). Notwithstanding anything herein to the contrary,if prior to the Closing,the municipality or local governmental authority in which the Property is located enacts or renews a development moratorium or other "interim ordinance" under applicable law which has the effect of delaying the issuance of any approvals or permits for all or any portion of Buyer's proposed development or construction work, then the time for all performances, payment obligations, and deadline dates(including,without limitation,the time for performances or elections by Buyer hereunder,the dates pertaining to payment or disbursement of any Earnest Money or pertaining to any Earnest Money becoming non-refundable, and Closing Date),shall automatically be extended by a period of time equal to the length of the moratorium. 10. Seller's Obligations At Closing.At or prior to the Closing Date,Seller shall: 10.1 Delivery of Deed. Deliver to Buyer Seller's duly recordable Warranty Deed (the"Deed")to the Property(in a form reasonably satisfactory to Buyer) conveying to Buyer marketable fee simple title to the Property and all easements,tenements,hereditaments,and appurtenances belong thereto. 10.2 FIRPTA Affidavit. Deliver to Buyer Title's standard affidavit of Seller confirming that Seller is not a "foreign person"within the meaning of Section 1445 of the Internal Revenue Code. 10.3 Seller's Affidavit. Deliver to Buyer Title's standard affidavit of Seller in form and content sufficient to allow Title to delete the standard exceptions contained in Buyer's Owners Title Insurance Policy relative to (i) parties in possession,(ii)liens for labor,materials,or services,and(iii)unrecorded easements or other instruments. 10.4 Bring Down Certificate. Deliver to Buyer a certificate at Closing confirming that the representations and warranties set forth in Section 6 of this Agreement are true and correct as of the Closing Date as though made as of such date. 10.5 Additional Documents. Deliver to Buyer or Title such other documents as may be reasonably required to consummate the Closing(including,without limitation,a closing statement and authorizing resolutions of Seller),all in a form reasonably satisfactory to Title. 10.6 Possession.Deliver exclusive possession of the Property to Buyer on the Closing Date,free of the possessory interest of Seller or any tenants, licensees or occupants thereof. Further, all utility services furnished to the Property shall be paid by Seller through the Closing Date. 11, Buyer's Obligations At Closinq.At Closing, subject to the terms,conditions,and provisions hereof and the Field Code Changed performance by Seller of its obligations as set forth herein,the Earnest Money shall be credited against the Purchase Price and shall be released from escrow to Seller as set forth on the closing statement, and Buyer shall deliver the balance of the Purchase Price to Seller as provided in Section 2 above. Buyer shall also deliver to Seller or Title such other documents as may be reasonably required to consummate the Closing (including,without limitation,authorizing resolutions of Buyer),all in a form reasonably satisfactory to Title and Seller. -7- 90 Buyer shall deliver to Seller a document granting Seller the right to approve the fagade of the building to be constructed on the Property, and in any event,this"Right of Approval"shall transcend the Closing.Buyer shall execute a separate written agreement or covenant, executed as a condition of the transaction and before the time of Closing, granting Seller this Right of Approval, that shall run with the land until such time as a principal structure is constructed on the Property.This Right of Approval is limited to the facades facing 201h Avenue and Commerce Drive. 12. Closing Costs.The following costs and expenses shall be paid as follows in connection with the Closing: 12.1 Seller's Costs.Seller shall pay(i)the cost of the Commitment in conformance with the requirements of Section 3 of this Agreement,(Ii)the cost of the Survey in conformance with the requirements of Section 3 of this Agreement, (III) all fees to record all of the documents necessary to permit Seiler to convey marketable fee simple title to the Property to Buyer(other than the recording fee to record the Deed),(iv)[intentionally omitted],(v)one-half(1/2)of the closers fee and/or escrow fee charged by Title in connection with the escrow of Earnest Money or the Closing,(vi)any state, county or municipal deed tax, excise tax or transfer fee imposed on the conveyance, (vii) any deferred (e.g. "Green Acres")real estate taxes and any delinquent real estate taxes(including without limitation,interest or penalties thereon),(viii)Seller's pro-rata share of real estate taxes due and payable in the year of Closing as provided in Section 12 below and the entire portion of any special assessment certified for payment with the real estate taxes in the year of Closing, (ix) all unpaid special assessments levied or pending as of the Closing Date, (x)the brokerage fee of the Broker in accordance with Section 13 herein, and (xi) attorneys' fees and costs of Seller's attorneys. To the extent Seller has not previously paid any expense set forth in this Section 12.1, or any other expense attributed to Seiler pursuant to this Agreement,the same shall be deducted from the Purchase Price payable to Seller at Closing. 12.2 Buyer's Costs. Buyer shall pay(i) the recording fee necessary to record the Deed, (ii)the premium for title insurance policy or any endorsements requested by Buyer, (iii) one-half(1/2) of the closers fee and/or escrow fee charged by Title in connection with the escrow of Earnest Money or the Closing,(iv)all costs associated with its due diligence and inspections of the Property(except costs for the Commitment and Survey),(v)any mortgage registration tax,and(vi)attorneys'fees and costs of Buyer's attorneys. 13, Proration of Real Estate Taxes and Special Assessments. Seiler shall pay all real estate taxes for the Field Code Changed Property and installments of all special assessments certified for payment with the real estate taxes due and payable in all years prior to the year of Closing. Seller shall also pay the unpaid balance of any special assessments levied or pending as of the Closing Date. Real estate taxes for the Property due and payable in the year of Closing shall be prorated between Seiler and Buyer to the Closing Date;provided, however. Buyer shall assume responsibility for the payment of all real estate taxes for the Property due and payable in years subsequent to the year of Closing. If the amount of any real estate taxes,charges or assessments that are due and payable have not been finally assessed or determined as of the Closing Date,then the same shall be adjusted as of Closing based upon the most recently issued bilis therefor,and shall be readjusted when final bills are issued. 13.1 No Separate Tax Statement. if, as of the Closing Date, the Property is not assessed for purposes of real property taxation separately from all other real property, then the real estate taxes and assessments certified for payment therewith for the total tax parcel shall be paid in full by Seller at Closing,and the amount of real estate taxes and assessments certified for payment therewith allocable to the Property shall be determined based upon the ratio that the square footage of the Land bears to the square footage of all the real property within the total tax parcel. 14, Agent Representation Broker represents both the seller(s)and buyer(s)of the property involved in this transaction,which creates a dual agency. This means that broker and its salespersons owe fiduciary duties to both Field Code changed seller (s) and buyer (s). Because the parties may have conflicting interests, broker and its salespersons are prohibited from advocating exclusively for either party. Broker cannot act as a dual agent in this transaction without the consent of both seller(s)and buyer(s). Seller(s)and buyer(s)acknowledge that: (1) Confidential information communicated to broker which regards price,terms,or motivation to buy or sell will remain confidential unless seller (s) or buyer (s) instructs broker in writing to disclose this information. Other information will be shared. (2) Broker and its salespersons will not represent the interests of either party to the detriment of the other; and (3) Within the limits of dual agency, broker and its salespersons will work diligently to facilitate the mechanics of the sale. -8- 91 With the knowledge and understanding of the explanation above, buyer and seller authorize and instruct Colliers Interna al and its salesperson to act as dual agents in this transaction. i Buyer Seller 15. Remedies. 15.1 Seller Default. if Seller defaults in the performance of this Agreement, Buyer may either (i) cancel this Agreement by written notice to Seiler, in which this Agreement shall be deemed cancelled and of no further force and effect and the Earnest Money shall be immediately returned to Buyer or(ii) if Buyer does not cancel this Agreement, Seller acknowledges the Property is unique and that money damages to Buyer in the event of default by Seller are inadequate and Buyer shall have the right to pursue specific performance to enforce performance of the terms of this Agreement, Including reasonable attorneys'fees, incurred in the securing of such relief. The foregoing remedies are cumulative and not exclusive in nature, and shall not be construed to be in lieu of or to preclude Buyer's right to seek any other remedy available under this Agreement,at law or in equity. 15.2 Buyer Default. if Buyer defaults in the performance of this Agreement,Seller's sole and exclusive remedy shall be to notify Buyer of said default in accordance with applicable Minnesota Statutes,in which event Buyer shall have the opportunity to cure such default within thirty(30)days after receipt of Seller's notice. If Buyer fails to timely cure such default within said thirty(30)day period after receipt of Seller's notice,then this Agreement shall be deemed cancelled and of no further force and effect,Title shall deliver any Earnest Money held by Title as of such date to Seller,and all such Earnest Money shall constitute liquidated damages,it being the understanding and agreement of the parties that it would be impractical or extremely difficult to determine the actual damages to Seller in the event of Buyer's default,and that said amount of Earnest Money is a reasonable estimate of the damages which Seller would incur as a result of Buyer's default hereunder. 16, Escrow. Title is authorized and agrees by acceptance thereof to promptly deposit the Earnest Money as Field Code Changed provided herein and to hold same in escrow and to disburse the same in accordance with the terms and conditions of this Agreement. if Buyer and Seller execute any separate escrow instructions or an escrow agreement with Title,then in the event of a conflict between the terms of such escrow instructions or escrow agreement and the terms of this Agreement,the terms of this Agreement shall control. 17. Signage.Intentionally Deleted 18. Acceptance.This Agreement,when duly executed and delivered by all of the parties hereto,shall be binding upon the parties hereto,their heirs,legal administrators,representatives,successors and assigns. 19. Calculation of Time Periods.Unless otherwise specifically provided herein,in computing any period of time described in this Agreement,the day of the act or event after which the designated period of time begins to run is not to be included and the last day of the period so computed is to be included,unless such last day is a Saturday,Sunday or legal holiday under the laws of the State of Minnesota,in which event the period shall run until the end of the next day which is neither a Saturday,Sunday or legal holiday.The final day of such period shall be deemed to end at 5:00 p.m., Central Time.Further,if the date for payment or performance of any obligation hereunder falls on a Saturday,Sunday or legal holiday under the laws of the State of Minnesota,then the time for payment or performance shall be extended until the next day which is neither a Saturday,Sunday or legal holiday. 20. Attorneys' Fees. if any dispute arises between the parties regarding this Agreement or the subject matter thereof,the prevailing party in any court action,administrative proceeding or alternative dispute resolution commenced or maintained to resolve such dispute,shall be entitled to an award of reasonable attorneys'fees,disbursements and court costs in addition to any other remedy to which the parties are entitled. 21. 1031 Exchange.Intentionally Deleted -9- 92 22. Notices.All notices and demands given or required to be given by any party hereto to any other party shall be deemed to have been properly given if and when hand delivered,sent by email(provided the sending parry does not receive a transmission failure response and requests an electronic delivery receipt), or deposited with the U.S. Postal Service and sent by certified mail,return receipt requested,postage prepaid,addressed as follows(or to such other address as any party has notified the other party pursuant to the provisions of this Section): TO SELLER: TO BUYER: City of Centerville Midwest Best Water Sales ATTN: Mark Statz ATTN:Pat McKasy 1880 Main Street 532 Apollo Drive Centerville,MN 55038 Lino Lakes,MN 55014 rnstr�tz cer:ferv_illernn_corn ol.cUm With a copy to: With a copy to: Kurt B.Glaser,City Attorney Michael A.Brass Smith&Glaser,LLC Colliers International 333 Washington Avenue 5985 Rice Creek Parkway,Suite 105 405 Union Plaza Building Shoreview,MN 55126 Minneapolis,MN 55401 mike E�rss a��olher��oi�� kriit<lasr.�_asc faserl�ev.net `�"- �`'=-- 23. Miscellaneous. The waiver by either party hereto of any condition or the breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of any other condition or of any subsequent breach of the same or of any other term, covenant or condition herein contained. No waiver shall be binding upon either party unless made by written notice to the other party.Time is of the essence of this Agreement.This Agreement is made and executed under and in all respects to be governed and construed by the laws of the State of Minnesota and the parties hereto hereby agree and consent and submit themselves to any court of competent jurisdiction situated in the State of Minnesota.If for any reason any term or provision of this Agreement shall be declared void and unenforceable by any court of law or equity it shall only affect such particular term or provision of this Agreement and the balance of this Agreement shall remain in full force and effect and shall be binding upon the parties hereto.This Agreement may be executed in one or more counterparts each of which when so executed and delivered shall be an original, but together shall constitute one and the same instrument. The parties agree that signatures upon this Agreement transmitted by electronic means including email or facsimile shall suffice and be binding upon the respective parties.All of the warranties, covenants, and representations made herein by either Seller or Buyer shall survive Closing and the delivery of the Deed to Buyer, or the earlier termination of this Agreement, as set forth in this Agreement. All understandings and agreements heretofore had between the parties are merged into this Agreement which alone fully and completely expresses their agreement. Further, when duly executed by the parties, this Agreement supersedes and renders null and void any letter of intent or letter of understanding between the parties pertaining to the Property. This Agreement may be changed only in writing signed by both of the parties hereto and shall apply to and bind the successors and assigns of each of the parties hereto and shall not merge with the deed delivered to Buyer at Closing. This Agreement may be assigned or transferred by Buyer at any time without consent of Seller, including, without limitation,to a lender of Buyer,provided the assignee agrees to be bound by the terms of this Agreement.Upon such assignment,Buyer shall have no further or other obligations under this Agreement. 24. Blocked Persons. Neither Seller nor Buyer, nor, to the actual knowledge of Seller and Buyer, any of their affiliates, is in violation of any laws relating to terrorism or money laundering ("Anti-Terrorism Laws'), including Executive Order No. 13224 on Terrorist Financing, effective September 24, 2001 (the "Executive Order"), and the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, Public Law 107-56. Neither party hereto nor, to the knowledge of the parties, any of their affiliates, or their respective brokers or other agents acting or benefiting in any capacity in connection with the transaction contemplated hereby, is any of the following: (a) a person or entity that is listed in the annex to, or is otherwise subject to the provisions of, the Executive Order; (b) a person or entity owned or controlled by, or acting for or on behalf of, any person or entity that is listed in the annex to, or is otherwise subject to the provisions of, the Executive Order; (c)a person or entity with which either party is prohibited from dealing or otherwise engaging in any transaction by any Anti- -10- 93 Terrorism Law;(d)a person or entity that commits,threatens or conspires to commit or supports"terrorism'as defined in the Executive Order;or(e)a person or entity that is named as a"specially designated national and blocked on the most current list published by the U.S.Treasury Department Office of Foreign Asset Control at its officperson" ial website or any replacement website or other replacement official publication of such list.Neither party,nor to the knowledge to either party, any of its brokers or other agents acting in any capacity in connection with the transaction contempof lated hereby(i)conducts any business or engages in making or receiving any contribution of funds,goods or services la for the benefit of any person described in this Section 23;(ii)deals in,or otherwise engages in any transactto or ion relating to, any property or interests in property blocked pursuant to the Executive Order; or(iii) engages in or conspires to engage in any transaction that evades or avoids,or has the purpose of evading or avoiding,or attempts to violate,any of the prohibitions set forth in any Anti-Terrorism Law,This Agreement may be terminated by either party if the other party is determined to be a blocked person within the meaning of the Executive Order. [Signatures on following page] -11 - 94 IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the Effective Date. SELLER: CITY OF CENTERVILLE JEFF PARR,MAYOR DATE: 20 ATTESTED: TERESA BENDER,CITY CLERK DATE: 20 BUYER: IDW ST BEST TER ALES S ITS: / DATE: !/ l 201�. -12- 95 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY The South Half of the Southwest Quarter of the Northwest Quarter,except the East 330 feet thereof,Section 24,Township 31 North,Range 22 West,Anoka County,Minnesota The Seller and Buyer agree that the legal description of the Property will be adjusted, if necessary so that the same is consistent with the Property,as determined pursuant to the terms of the Purchase Agreement and as depicted and described in the Survey of the Property and the Commitment to be delivered to Buyer pursuant to this Agreement. 13 96 00 LEAGUE of CONNECTING & INNOVATING MINNESOTA SINCE 1913 CITIES State of the Cities 2019 Introduction The League of Minnesota Cities sent the fiscal conditions survey to chief appointed officials in all member cities late last year. We received responses from 195 city officials representing 24 percent of member cities. The fiscal conditions survey contains versions of questions used by the National League of Cities. This marks the 16th year that Minnesota cities have responded to the survey. The share of cities with positive outlook on their fiscal conditions increased slightly. Most city officials who responded said their city was better able to meet needs in 2018 than in the previous year. This closely echoes the trend reported by the National League of Cities. Its survey revealed that 73 percent of city finance officers reported improved circumstances in 2018. Among midwestern cities that responded to NLC, only 62 percent of them said"better able." The authors suggest that the lack of increase in the share of cities saying "better able" combined with a trend of revenue growth slowdowns signals that cities are nearing the limits of fiscal expansion. Among Minnesota cities, there was a decline in the share of cities maintaining a positive outlook when thinking about the future. Trends to note • Almost three-quarters of Minnesota city officials responding to the survey (72 percent) said they were better able to meet needs in 2018 than in the previous year,but a smaller share (59 percent)predict favorable circumstances in 2019. Ability of Minnesota cities to meet financial needs, 2015-2019 (predicted) Better Better able Prediction: Better able able to to meet better able to meet Better able to meet needs in to meet needs in meet needs in needs in 2018 needs in 2015 2016 2017 2019 Number of cities 213 242 185 141 115 Share of cities 67% 67% 66% 72% 59% • Fourteen percent of city officials responding indicated that they predict 2019 to be about the same as 2018 in terms of fiscal health. • Infrastructure needs featured among the reasons for some concern about the future. Comments from cities: "We have some pressing needs for wastewater infrastructure so how that turns out will determine our financial wellbeing." (city of 1100) "Significant infrastructure maintenance is a large factor in budgeting demands" (city of 1200) 145 UNIVERSITY AVE. WEST PHONE: (651) 281-1200 EAx: (651)281-1299 ST. PAUL, MN 55103-2044 97 TOLL FREE:(800) 925-1122 WEB:WWWLMC.ORG Page 2 "Wastewater infrastructure upgrading from a 1991 project will require more expense. We are hoping to stretch out more of the expense until 2024 when our PFA loan is paid off. " (city of 1000) Look by city size: • Overall, small cities (under 2,500 in population) were less likely to say they are better to meet needs in 2018 than in the previous year(65 percent compared to 72 percent for all cities). • NLC also found that the smallest cities were least likely to report being better able to meet needs • Looking to the future, 61 percent of small cities expressed optimism about meeting needs in their communities. Just 45 percent of big cities had a positive outlook while 45 percent of them said things would be about the same. Revenues The survey asked city officials whether they'd seen shortfalls in their various sources of revenue. Shortfalls in property tax revenues and in fees/charges/license revenues were cited most often. About a third of cities said that revenues from those two sources were either slightly less than expected or more than 10 percent less than expected. The NLC fiscal conditions report highlighted a slowing of growth in property tax revenue among its member cities. Trends to note: • The share of Minnesota cities reporting property tax revenue shortfalls is steady at 33%. • The most recent survey reveals a decrease in the share of cities reporting a shortfall in fee revenues (28 percent this year compared to 35 percent last year). • While only 3 percent reported shortfalls in state revenue last year, 12 percent of city respondents experienced this in 2018. • There is a similar uptick in the rate at which cities experienced shortfalls in federal revenue: About eight percent of cities in 2018 vs. 1 percent in 2017. Look by city size: • The biggest difference between small and large cities was found in the share reporting property tax shortfalls (37 percent for small and 26 percent for large). • The table below shows a summary of findings related to revenue shortfalls. Share of cities seeing shortfalls in expected revenues 2018 Property Fees/charges/ Lodging/restaurant State Federal taxes licenses revenues revenues Cities overall 33% 28% 5% 12% 8% Cities under 37% 29% 2% 14% 9% 2,500 Cities over 26% 25% 8% 8% 7% 2,500 Budget factors City budgets are affected by a wide range of factors. Some create strain on budgets while others can have a positive impact on budgets. In 2018, the most frequently identified budget factors that 98 Page 3 can increased to strain city resources were: employee wages/salaries, 86 percent(84 percent last year); prices and inflation, 80 percent(81 percent last year); infrastructure needs, 75 percent(75 percent last year); cost of employee benefits, 61 percent(67 percent last year); and public safety needs, 53 percent(47 percent last year). In the NLC study, employee wages,public safety and infrastructure were the three most common areas of reported budget pressures. Comments from cities: -The significant increase in infrastructure spending relates primarily to a 3-year railroad underpass project (city of 43,400) -We are still in negotiations for the union contract so no wage increase yet but do anticipate one. Doing a wage study so could go either way at this point but suspect will be similar to Cities in area and...could be a significant increase and hit to the budget(city of 475) As far as factors that can improve a city's financial circumstances, 74 percent of cities saw increases in their city tax base over the last year. In 2017, 71 percent reported increases. Slightly more than a third said their local economy had improved. About half said their local economy was stable. Look by city size: • Small cities were much less likely to report an increase in the value of their tax base (59 percent compared to 74 percent of all cities). 0 85 percent of large cities reported an increase in the cost of employee healthcare, compared to 47 percent of small cities. 0 Small and large cities reported increases in infrastructure needs at similar rates (71 percent and 81 percent,respectively). • Large cities were more likely to see growing costs of employee pensions (70 percent compared to 51 percent overall). • Large cities reported increasing health of their local economies more than twice as often as small cities. Budget actions The most common budget strategies employed by Minnesota cities in 2018 for 2019 were changes in taxes, fees/charges, operating spending, infrastructure spending, and public safety spending. • 73 percent of cities reported increasing their taxes (slightly up from last year). • 56 percent of cities plan to spend more on public safety (down from 66 percent last year). • 61 percent of cities will increase their infrastructure spending (up from 57 percent last year). 0 51 percent of cities will grow their rate of operating spending in the next year(slight decrease from last year). 0 26 percent of cities will increase their use of reserves. This is unchanged from last year. Other strategies, such as service cutbacks or workforce reductions, were not common and only used by a handful of cities. Just like last year, these kinds of service or staff cuts were down quite a bit from the peak of the 2008 recession and Local Government Aid(LGA) cuts, when many cities had to make those painful choices. 99 Page 4 Comments from cities: -For property tax increase, "slight"or "significant"is in the eye of the beholder. Our increase was 5.75%, which I would describe as significant. (city of 88,000) -Significant infrastructure maintenance is a large factor in budgeting demands. Limited bonding capability requires cash and increased taxes to address services and infrastructure. (city of 1200) Look by city size: The budget actions where the findings for small and big cities differed the most are shown in the table below. Budget actions by city size (for 2019) Increasing Increasing Increasing Growth Increasing Increasing city wage taxes public safety rate of fees/charges employee levels spending operating /licenses benefits spending All Cities 81% 73% 56% 51% 34% 26% Cities 95% 80% 80% 67% 52% 35% over 2,500 Cities 71% 68% 40% 41% 23% 19% under 2,500 100