HomeMy WebLinkAbout2019-05-22 CC Packet CITY OF CENTERVILLE
CITY COUNCIL
rtervi(e WORK SESSION & MEETING AGENDA
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Wednesday, May 22, 20,19
5:3 01
COUNCIL WORK SESSION (5:30 PM)
I. CALL TO ORDER
1. Roll Call
II. ITEMS OF DISCUSSION
1. EDA Update
2. Commercial Code Enforcement Discussion
III. ADJOURNMENT
COUNCIL MEETING (6:30 PM)
I. CALL TO ORDER
1. Roll Call
II. PLEDGE OF ALLEGIANCE
III. APPROVAL OF AGENDA
IV. APPOINTMENTS/PRESENTATIONS
1. None
V. PUBLIC HEARING
1. None
VI. APPROVAL OF MINUTES
1. April 24, 2019 City Council Meeting Minutes (pg. )
2. May 8, 2019 City Council Meeting Minutes (**Available Monday")
VIL CONSENT AGENDA
1. City of Centerville Claims through May 8, 2019 Claims (Check#32644-32670) & E-
Check#1343E-1348E) (pg. X)
2. Centennial Lake Police Department Claims through May 7, 2019 (Check#12607-
12625) & US Bank(pg. X)
3. Centennial Fire District Claims through May 15, 2019 (Check#8536-8544),W/Payroll
Check#8530-8535 & U.S. Bank(pg. X)
4. Res. #19-OXX -Accept donation from Lions Club to City Parks Fund (pg. X)
5. Miscellaneous Stormwater System and Sanitary Sewer Repairs (pg. X)
6. Park Facility Usage Form, Fiske Graduation @ Hidden Spring Park June 29, 2019
(pg. X)
7. Church of St. Genevieve Request for Special Event Permit/Private Property—Annual
Chicken Dinner, Sunday,August 18, 2019 (pg.
a. LB220 Application for Exempt Permit—Pull Tabs & Raffle(pg.
b. Temporary On-Sale Liquor License (pg.
VIII. OLD BUSINESS
1. Commercial Zoning Changes
a. Ord. #97, Second Series (Second/Final Reading)—Creating a new B-2 Main Street
Commercial District,Amending the text of the B-1 District, and Amending the
Table of Allowed Uses (pg.
b. Ord. #98, Second Series (Second/Final Reading)—Rezoning Certain Properties
from B-1 to B-2 (pg. X)
2. Bay View Villas
a. Ord. #99, Second Series (Second/Final Reading)Adopting Revisions to Bay View
Villas Conditional Use Permit for a Planned Unit Development
b. Declaration of Covenants, Conditions and Restrictions for Bayview Villas
c. Resolution 19-OXX—Adopting Revised Development Agreement& Authorizing
Recordation of Final Plat for Bay View Villas
3. Old Mill Estates
a. Res. #19-OXX—Adoption Final Plat& Development Agreement
4. Midwest Best Water
a. Conditional Use Permit—2021 Commerce Drive -Manufacturing/Assembly
b. Approval of Facade
IX. NEW BUSINESS
1. Downtown Street and Utility Project—Preliminary Survey& Feasibility Study
Engineering Proposal
2. Logo Design Services
X. COUNCIL/ADMINISTRATOR ANNOUNCEMENTS
1. Administrator/Engineer Report(Will Email)
XI. ADJOURNMENT
INFORMATIONAL MATERIAL
REMINDERS
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CITY OF CENTERVILLE
LOCAL BOARD OF APPEAL & EQUALIZATION/CITY COUNCIL
MEETING
April 24, 2019
6:30 p.m.
CITY COUNCIL WORKSESSION
Pursuant to due call and notice thereof, the City of Centerville held a scheduled City Council
Work Session on April 24, 2019 at City Hall, 1880 Main Street.
PRESENT: Mayor Jeff Paar
Council Member D. Love
a
Council Member Russ Koski
Council Member Michelle Lakso
Council Member Matt Montain
ABSENT: None.
STAFF: City Administrator Mark Statz
City Assessor Ken Tolzmann
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LOCAL BOARD OF APPEAL & EQUALIZATION
I. CALL TO ORDER
Mayor Paar called the meeting to order at 6:30 p.m.
II. PRESENTATIONS
1. Mr. Ken Tolzmann
Mr. Tolzmann stated that he has his daughter Melissa Tolzmann working with him as a trainee
and Ms. Diana Stellmach from Anoka County. He stated that he advocates on behalf of citizens
of Centerville and upholds the State of MN Laws while completing his work. He reviewed his
report stating that in 2018 (from October 1, 2017-Spetember 30, 2018) there were 53 qualified
sales of homes within the city. He stated that this is a median sales ratio of 94.54%, a coefficient
of dispersion of 4.49% and a Price Related Differential of 100. He stated with the effect of the
new sales on the overall market value for the city for last year's assessment, the total market
value of $433,766,300. He also stated that combining this information, the total market value
rose 8% to $470,594,800 for 2019. He reported that included in the overall market value is new
construction of$4,024,000.
He stated that the increase in market values should be good news to residents who may be
interested in selling. He thanked the Council for allowing him to serve in the capacity of City
Assessor.
III. PUBLIC HEARING
1. Board of Appeal& Equalization
City of Centerville
Council Meeting Minutes
April 24,2019
Mayor Paar questioned whether anyone that was in the audience desired to speak. No one came
forward.
Mr. Tolzmann stated that Mr. Mathew Haus, 6817 Grouse Hollow, (PIN 423-31-22-34-0020)
requested reconsideration of the value of his property and upon review, Mr. Tolzmann decreased
his property valuation to $395,900 due to a building grade correction.
City Administrator Statz stated that Council received a handout with property owned by the City
that the City would desire a more in depth look at and they are as follows: PIN 423-31-22-23-
0008, 23-31-22-23-0011, 23-31-22-23-0010, 23-31-22-23-0005, 23-31-22-23-0006, 23-31-22-
23-0007, 23-31-22-23-0009, 23-31-22-23-0014, 23-31-22-21-0051, 23-31-22-21-0058, 23-31-
22-22-0005, 23-31-22-22-0004, 23-31-22-22-0009, 23-31-22-22-0010 and 23-31-22-22-0011.
City Administrator Statz apologized for the late request as Mr. Tolzmann has had the
information for approximately a half of a day.
Council Member Love requested that Mr. Tolzmann explain what a building grade correction
was. Mr. Tolzmann stated that when he originally used comparables they were not the same as
Mr. Haus' home. So he recalculated them utilizing a more basic house plan and finished
basement plan from several houses a little further down the roadway. He stated that these homes
were more closely like Mr. Haus'.
Motion by Council Member Love to Accept the Data Submitted by City Assessor Ken
Tolzmann with Parcel ID #23-31-22-34-0020 Noted with the Revised Value of$395,900 and
the Exception of Parcel ID# PIN #23-31-22-23-0008, 23-31-22-23-0011, 23-31-22-23-0010,
23-31-22-23-0005, 23-31-22-23-0006, 23-31-22-23-0007, 23-31-22-23-0009, 23-31-22-23-0014,
23-31-22-21-0051, 23-31-22-21-0058, 23-31-22-22-0005, 23-31-22-22-0004, 23-31-22-22-0009,
23-31-22-22-0010 and 23-31-22-22-0011 Seconded by Koski. All in favor. Motion carried
unanimously.
IV. ADJOURNMENT
Motion by Council Member Lakso, seconded by Council Member Montain to Adiourn the
Board of Appeal & Equalization at 6:40 p.m. All in favor. Motion carried.
Mayor Paar thanked City Assessor Tolzmann and stated that his estimated values were great the
past years and to continue with the good work. Mr. Ken Tolzmann thanked Council.
CITY COUNCIL
Pursuant to due call and notice thereof, the City of Centerville held a regularly scheduled City
Council meeting on April 24, 2019 at City Hall, 1880 Main Street.
PRESENT: Mayor Jeff Paar
Council Member D. Love
Council Member Russ Koski
Council Member Michelle Lakso
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City of Centerville
Council Meeting Minutes
April 24,2019
Council Member Matt Montain
ABSENT: None.
STAFF: City Administrator Mark Statz
City Attorney Kurt Glaser
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COUNCIL
I. CALL TO ORDER
Mayor Paar called the meeting to order at 6:40 p.m.
IL PLEDGE OF ALLEGIANCE
III. APPROVAL OF AGENDA
Mayor Paar provided an opportunity for others to add or delete any items. Mayor Paar stated
that Mr. Chad Wagner, 6781 Beaver Pond Way requested to speak to Council regarding public
safety. Mayor Paar added him to IV. Appointments/Presentations, Item 42. Administrator Statz
requested that Item 47 be removed from the agenda.
Motion by Council Member Montain, seconded by Council Member Love to Approve the
Presented Agenda with the Addition of Mr. Chad Wagner. All in favor. Motion carried.
IV. APPOINTMENTS/PRESENTATIONS
1. Chief James Coan, Centennial Lakes Police Department—Annual Presentation
Chief James Coan introduced himself to Council and reviewed the presented 2018 Annual
Report. He gave a brief overview of the department, personnel, calls, lifesaving awards,
statistics of crimes, citations and etc. He thanked the Council for the strong support that the
department has received in the past and hopes that it continues.
Council Member Lakso stated that she very much appreciates that the officers are very well
trained, that Staff and Council are kept abreast of critical events that take place so that if social
media alerts are needed the information can be forwarded to the public. She also thanked the
Chief for the department's belief in the community by supporting events providing an
opportunity to interact with the public.
Council Member Love stated that he is very proud of the department, leadership, dedication and
community support that shows care for the community and instills appropriate interaction
between the public and police officers. Council Member Koski concurred and also thanked the
firefighters and military personnel who work holidays and evenings when others would not
keeping the community safe and a great place to live. Council Member Montain also concurred.
Page 3 of 9
City of Centerville
Council Meeting Minutes
April 24,2019
Mayor Paar stated that Mayors and staff previously requested that the Chief notify them of
critical situations and since then have always been alerted immediately. He also stated in the
mid-2000s there was a change in the department's philosophy regarding Community Oriented
Policing and becoming a part of the community, attending events, appearing at the Elementary
School on a regular basis has all supported this theory and the public feels involvement.
Chief Coan stated that on several occasions crimes have occurred near schools and precautions
have been taken to lock down the school. He stated that the procedures instituted by school
officials have assisted in the safety of the children. The Chief also stated that for the most part
the citizens of Centerville are great, law-abiding citizen and desire to interact with the
department's staff as this is the opportune time to leave a lasting impression. He also stated that
he would share Council's comments with his staff.
2. Mr. Chad Wagner, 6781 Beaver Pond Way—Public Safety
Mr. Wagner introduced himself to Council and questioned whether thought had been given to
joining the Lino Lakes Police Department as he and several of his neighbors believe that their
taxes are excessive due to the current joint agreement between Lexington, Circle Pines and
Centerville operating a joint police force. He reminded Council that Centerville used to be
policed by Lino Lakes.
Mayor Paar stated that in years past, many discussions have taken place regarding joined police
forces and at one time they were. However, there has also been a large amount of distention
between the communities regarding voting powers, costs, etc. Mayor Paar stated that once you
have joined in such a commitment it is not that easy to modify agreements, cooperatively work
together and possibly end the commitment amicably.
Consensus was that Council would continue to consider options regarding providing services to
its residents being mindful of costs and property taxes. Council stated that they are well aware
that property taxes are higher in Centerville than other communities but it also must be
understood that Centerville has very limited commercial/industrial businesses to assist in
offsetting residential property taxes. Council Members thanked Mr. Wagner for his input.
Mr. Wagner thanked Council for the opportunity to share concerns of his neighbors and himself
regarding this item.
V. PUBLIC HEARING
1. None.
VI. APPROVAL OF THE MINUTES
1. April 10, 2019 City Council Work Session & Council Meeting Minutes
Mayor Paar provided Council Members with an opportunity for modifications.
Page 4 of 9
City of Centerville
Council Meeting Minutes
April 24,2019
Motion by Council Montain, seconded by Council Member Koski to Approve the April 10,
2019 Work Session Meeting Minutes as Presented. All in favor. Motion carried.
Council Member Lakso stated that she felt clarification was needed on page 6 of 7, second
paragraph where it discusses Administrator Statz's attendance of meetings and from time to time
his in ability to attend committee meetings. She had concern that there may be confusion of his
attendance of the water ski show and the Committee's attendance of that event rather than his.
Motion by Council Member Montain, seconded by Council Member Love to Approve the
April 10, 2019 City Council Meeting Minutes with the Above Stated Clarification. All in
favor. Motion carried.
VIL CONSENT AGENDA
1. City of Centerville April 4, 2019 through April 18, 2019 Claims (Checks
#32578-32615)W/Voided Check#32419, 32279 & E-Check#1330E-1334E)
2. Centennial Lakes Police Claims through April 17,2019 (Checks #12556-
12576), (Check#12579-12595), Payroll Checks #12577-12578 & Visa
3. Centennial Fire District Claims through April 17, 2019 (Checks #8508-8520),
Voided Check#7870 & Payroll Checks #8503-8507)
4. Res. #19-OXX—Urban County Requalification
5. Fuller Graduation Special Event Permit
6. Anoka County Radio Club Special Event Permit
7. Res. #19-OXX—Accepting Donation from Mr. Matt Montain
Mayor Paar provided an opportunity for Council to add or remove any item(s) to the consent
agenda.
Administrator Statz requested removal Item 47 previously. Council Member Love pulled Item
45 for further discussion.
Motion by Council Member Love, seconded by Council Member Koski to Approve
Consent Agenda Items #14 & 6 as presented. All in favor. Motion carried.
Council Member Love questioned whether the City permits for graduation parties.
Administrator Statz stated that there were no fees associated with this action and it was due to
the close proximity of the parking of the food truck.
Motion by Council Member Love, seconded by Council Member Montain to Approve
Consent Agenda #5 as presented. All in favor. Motion carried.
I. OLD BUSINESS
1. Ord. #XX, Second Series —Rezoning Certain Properties from B-1 (Commercial) to
1-1 (Industrial)
Page 5 of 9
City of Centerville
Council Meeting Minutes
April 24,2019
City Administrator Statz stated that the Planning & Zoning Commission held a public hearing to
obtain public input, that the first reading of the Ordinance was completed at the previous City
Council meeting and that this is the second reading of the Ordinance.
Motion by Council Member Montain, seconded by Council Member Koski to Adopt Ord.
#95, Second Serices — Rezoning Certain Properties from B-1 (Commercial) to I-1
(Industrial) as submitted. All in favor. Motion carried.
2. Ord. #XX, Second Series —Revising the City's Zoning Code to Amend Table(156-
A.1) of District Allowed Uses
City Administrator Statz the same as above.
Motion by Council Member Love, seconded by Council Montain to Adopt Ord. #96,
Second Series — Revising the City's Zoning Code to Amend Table (156-A.1) of District
Allowed Uses as submitted. All in favor. Motion carried.
IX. NEW BUSINESS
1. Water Tower Cleaning
Administrator Statz stated that from time to time the exterior of the water tower needs to be
cleaned removing mold/mildew and for aesthetics. He stated that this cleaning extends the
lifecycle of the tower, metal and paint. He stated that Hydo Force Mobile Washing, L.L.C. had
the lowest bid. He also stated that the City received a bid from Kangas Tank, Inc. for the same
services in an amount of$4,800.
Motion by Council Member Montain, seconded by Council Member Lakso to Authorize
the Contracted Services with Hydro Force Mobile Washing, L.L.C. per their submitted bid
of$3,000. All in favor. Motion carried.
2. Water Tower Interior Inspection/Cleaning
Administrator Statz stated that the interior of the water tower is not routinely inspected and due
to the age of water tower (15 years), the interior should be inspected regarding coatings,
structural integrity and sediment. He stated that most municipalities utilize KLM Engineering,
Inc. who is the premier consultant for this type of work. He stated that the inspection would
allow staff a timeframe for future maintenance and budgetary consideration. He reported that the
quote for the services is $3,000.
Motion by Council Member Montain, seconded by Council Member Love to Authorize the
Contracted Services with KLM Engineering per their submitted bid of$3,000. All in favor.
Motion carried.
3. Staff Computer Replacements
Page 6 of 9
City of Centerville
Council Meeting Minutes
April 24,2019
Administrator Statz explained that upgrading of the computers was discussed during the 2019
budget process with funds being disbursed from the Capital Equipment Fund (409) and due to
the discontinuation of support for the Windows 7 operating system. He stated that it is also
advised that compatibility issues would be had if monitors were also not updated due to port
connection modifications (VGA to DVI). He stated that two (2) laptops would be utilized; one
(1) for himself and one (1) for the Clerk due to mobility and remote access. He stated that the
desire is also to replace two (2) outdated scanners associated with LaserFiche due to
compatibility issues. He also stated that the expenditure would be $11,284. He also stated that
the City would be utilizing Roseville's Metro-Inet for purchases and installation.
Discussion ensued regarding the purchase of a laptop for the Public Works Director as his needs
for connection when he is out of the office or an emergency after hours. Administrator Statz
stated that with cellphones his connectivity is not an issue. Suggestions of a trial
basis/demonstration period for the laptops or on at least one (1) as Council's laptops have limited
capabilities. Administrator Statz felt that Metro I-Net would be able to accommodate a trial
basis for one (1).
Motion by Council Member Koski, seconded by Council Member Lakso To Approve the
Purchase of one (1) Laptop on a Trial Basis Prior to the Purchase of the Additional
Equipment Proposed.
Discussion ensued regarding the purchase of a computer for the P-T Finance Director.
Administrator Statz stated that with the filing of this position a laptop was purchased along with
a docking station and there was no need for replacement at this time.
All in favor. Motion carried.
4. SCADA Computer Replacements
Administrator Statz stated that the SCADA computer which operates the water infrastructure
(tower, etc.) also needed to be upgraded. He stated that this computer is completely separate
from the other computers and outside of the network. He stated that the expenditure would be
funded through the sewer and water funds.
Motion by Council Member Love, seconded by Council Member Koski to Approve
Purchasing a Replacement SCADA Computer Equipment and Software Not to Exceed
$7,740 as Submitted. All in favor. Motion carried.
5. Street Funding & Sample Resolution
Administrator Statz stated that both Mayor Paar and Council Member Love felt that this item
should be placed on Council agenda for consideration. Council Member Love stated that the
League of MN Cities is requesting participation from member cities for funding through a
comprehensive and balanced transportation funding package that permanently increases
dedicated funding for transportation which will also increase dedicated funding for state and
local road and transit systems in Greater Minnesota and the Metropolitan Area. They also desire
Page 7 of 9
City of Centerville
Council Meeting Minutes
April 24,2019
that these funds be used for non-Municipal State Aid city street maintenance, construction and
reconstruction.
No action was taken at this time.
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 stated that he will be attending the Minnesota City/County Management
Association (MCMA) meeting the first week in May. He stated that he spoke with Anoka
County regarding the CDBG Grant Application earlier in the day.
Council Member Lakso stated that she planned on attending the Anoka County Government
Officials meeting on May 29, 2019 and was concerned regarding another other Council
Member's attendance and the potential for quorum.
City Attorney Glaser stated that all 150 appointments for Law Day have been reserved.
However, people will be served on a first-come, first-serve basis and additional appointments
may be handled depending on time available. Mayor Paar felt that this was a wonderful service
provided to individuals.
Council Member Lakso stated that Earth Day was Monday, April 22, 2019 and the Parks &
Recreation Committee met on April 20, 2019 to clean up parks with nearly 45 volunteers. She
thanked both the Committee and its volunteers for their efforts. She also stated that she attended
the recent Centennial Fire District Steering Committee meeting where recommendations were
made regarding their budget and she also stated that their Annual Awards Ceremony would be
on Saturday.
Council Member Love stated that he attended the EDA meeting where rebranding, tag line, TIF
district and hiring of Northland Securities was discussed. He also stated that they had
preliminary budget discussions.
Council Member Koski stated that he had also attended the Centennial Fire District Steering
Committee meeting where discussions also took place regarding the pending retirement of
Assistant Chief Bruder. They also discussed duty crews, selling some equipment and submitting
for several grants to purchase radios, updating the HVAC at Station 1.
Council Member Montain stated that he attend the recent North Metro Telecommunication
Commission meeting where they discussed streaming for Roku and Apple TV by June, the audit
revealed that they are a small working group with little segregation of duties; but there were no
abnormalities. He stated that Century Link is no longer offering Prism TV. He also stated that
the franchise fee review with Comcast is anticipated to be completed within the next few months
and that the Anoka County Fire Protection meeting would be the following evening in Fridley.
Page 8 of 9
City of Centerville
Council Meeting Minutes
April 24,2019
Mayor Paar stated that the next Festival Committee meeting will be held on April 15, 2019 with
only three months left for planning. He also stated that items discussed were barricades, port a
potties, awards and etc. He reported that the Lions were in charge of the softball tournament
with registration taking place on line. He also reported that food trucks had been discussed and
Wiseguys pizza may be providing pizza to the Lions for their concession stand. He also
discussed promotional mailings, a portable gaming truck, megaphones and a medallion hunt.
Mayor Paar stated that he would be attending the Minnesota Mayors Association conference in
Stillwater over the weekend. He also reported that he and Mr. Pat Branch presented the winners
of the 5K, 8K Run logo contest with their cash awards and presented the classes that participated
dilly bars.
XI. ADJOURNMENT
Motion by Council Member Montain, seconded by Council Member Koski to Adiourn the
Council Meeting of April 24, 2019 at 8:06 p.m. All in favor. Motion carried.
Respectfully submitted by City Clerk, Teresa Bender.
Page 9 of 9
CITY OF CENTERVILLE 05/17/19 11:22 AM
Page 1
Check Detail - May 22, 2019
Check
Date Check# Vender Name Comments Amount
5/17/2019 001343E PSN PERMIT&FEES ACH CHARGES-4-1-19 THRU 4-30-10 $77.64
5/17/2019 001343E PSN UTILITIES ACH CHARGES -4-1-19 THRU 4-30-10 $155.34
5/17/2019 001343E PSN MISC ACH CHARGES -4-1-19 THRU 4-30-10 $6.00
5/17/2019 001343E PSN UTILITIES ACH CHARGES-4-1-19 THRU 4-30-10 $155.35
Check Nbr001343 PSN $394.33
5/17/2019 001344E IRS/EFTPS FED W/H -PAY PERIOD 10 $2,052.21
5/17/2019 001344E IRS/EFTPS FICA/MED W/H -PAY PERIOD 10 $3,679.40
Check Nbr 001344 IRS/EFTPS $5,731.61
5/17/2019 001345E OPTUM BANK- H.S.A. H.S.A. W/H -PAY PERIOD 10
Check Nbr 001345 OPTUM BANK- H.S.A. $1,215.16
5/17/2019 001346E PERA PERA W/H -PAY PERIOD 10
Check Nbr001346 PERA $3,215.79
5/17/2019 001347E MINNESOTA DEPT OF REVENUE STATE W/H -PAY PERIOD 10
Check Nbr 001347 MINNESOTA DEPT OF REVENUE $1,016.04
5/17/2019 001348E TASC F.S.A. W/H -PAY PERIOD 10
Check Nbr001348 TASC $110.41
5/22/2019 032644 ACR,INC. BREAK REPAIRS TO CUSHMAN
Check Nbr 032644 ACR,INC. $304.00
5/22/2019 032645 AFLAC AFLAC INSURANCE FOR APRIL 2019
Check Nbr032645 AFLAC $172.98
5/22/2019 032646 AIRFRESH INDUSTIRES,INC. PORTABLE RESTROOM RENTAL 5-1-19 THRU 5-28-19-PARKS
Check Nbr 032646 AIRFRESH INDUSTIRES,INC. $550.00
5/22/2019 032647 ALLINA HEALTH K. HOGAN PRE-EMPLOYMENT PHYSICAL
Check Nbr 032647 ALLINA HEALTH $95.00
5/22/2019 032648 CENTERPOINT ENERGY 1880 MAIN ST-SERV THRU 4-26-19 $299.30
5/22/2019 032648 CENTERPOINT ENERGY 1785 PELTIER LAKE DR-SERV THRU 4-26-19 $25.95
5/22/2019 032648 CENTERPOINT ENERGY 6970 LAMOTTE DR-SERV THRU 4-26-19 $56.13
5/22/2019 032648 CENTERPOINT ENERGY 2085 W CEDAR STREET-SERV THRU 4-26-19 3$ 29.30
Check Nbr 032648 CENTERPOINT ENERGY $710.68
5/22/2019 032649 CITY OF CENTERVILLE-MASTERCA FUEL $364.04
5/22/2019 032649 CITY OF CENTERVILLE-MASTERCA WASTE BAG/STATION -PARKS $376.97
5/22/2019 032649 CITY OF CENTERVILLE-MASTERCA SUPPLIES $362.52
5/22/2019 032649 CITY OF CENTERVILLE-MASTERCA DRENCH SHOWER W/EYE FACE WASH STATION $946.40
5/22/2019 032649 CITY OF CENTERVILLE-MASTERCA M.STATZ LODGING $144.44
5/22/2019 032649 CITY OF CENTERVILLE-MASTERCA FUEL $140.62
5/22/2019 032649 CITY OF CENTERVILLE-MASTERCA OFFICE SUPPLIES $63.35
5/22/2019 032649 CITY OF CENTERVILLE-MASTERCA MAIL WATER SAMPLE $12.24
5/22/2019 032649 CITY OF CENTERVILLE-MASTERCA ENDICIA FEE-POSTAGE MACHINE $9.95
5/22/2019 032649 CITY OF CENTERVILLE-MASTERCA M.STATZ CONFERENCE 5$ 20.00
Check Nbr 032649 CITY OF CENTERVILLE-MASTERCA $2,940.53
5/22/2019 032650 CITY OF ROSEVILLE IT SUPPORT SERVICES $381.75
5/22/2019 032650 CITY OF ROSEVILLE IT SUPPORT SERVICES $381.75
5/22/2019 032650 CITY OF ROSEVILLE IT SUPPORT SERVICES $381.75
5/22/2019 032650 CITY OF ROSEVILLE IT SUPPORT SERVICES $381.75
5/22/2019 032650 CITY OF ROSEVILLE IT PHONE SERVICES $95.00
5/22/2019 032650 CITY OF ROSEVILLE IT PHONE SERVICES $95.00
Check Nbr 032650 CITY OF ROSEVILLE $1,717.00
5/22/2019 032651 DELTA DENTAL DUNE 2019 DENTAL INS
Check Nbr 032651 DELTA DENTAL $436.78
5/22/2019 032652 IMAGE PRINTING&GRAPHICS BILLING SHEETS/ENVELOPES $368.68
5/22/2019 032652 IMAGE PRINTING&GRAPHICS BILLING SHEETS/ENVELOPES $368.68
5/22/2019 032652 IMAGE PRINTING&GRAPHICS BILLING SHEETS/ENVELOPES $368.68
Check Nbr 032652 IMAGE PRINTING&GRAPHICS $1,106.04
5/22/2019 032653 INNOVATIVE OFFICE SOLUTIONS LL OFFICE SUPPLIES
Check Nbr 032653 INNOVATIVE OFFICE SOLUTIONS LL $141.00
5/22/2019 032654 INSTRUMENTAL RESEARCH INC APRIL WATER TESTING
Check Nbr 032654 INSTRUMENTAL RESEARCH INC $52.50
5/22/2019 032655 INTERNATIONAL UNION OF OPERATI DUNE UNION DUES
Check Nbr 032655 INTERNATIONAL UNION OF OPERATI $105.00
CITY OF CENTERVILLE 05/17/19 11:22 AM
Page 2
Check Detail - January 24, 2018
Check
Date Check# Vender Name Comments Amount
5/22/2019 032656 LEAGUE OF MN CITIES J. PAAR-2019 MN MAYORS ASSOC.ANNUAL CONFERENCE
Check Nbr 032656 LEAGUE OF MN CITIES $130.00
5/22/2019 032657 LEAGUE OF MN CITIES INS TRUST INS. FOR FIREWORKS
Check Nbr 032657 LEAGUE OF MN CITIES INS TRUST $250.00
5/22/2019 032658 LINCOLN NATIONAL LIFE INSURANC DUNE 2019 LONG TERM DISABILITY INS.
Check Nbr 032658 LINCOLN NATIONAL LIFE INSURANC $287.69
5/22/2019 032659 MAMA M.STATZ MAMA MEMBER 4-25 LUNCHEON
Check Nbr 032659 MAMA $25.00
5/22/2019 032660 MARCO,INC. STANDARD PYMT-PER CONTRACT
Check Nbr 032660 MARCO.INC. $241.32
5/22/2019 032661 MCFOA T. BENDER MEMBERSHIP DUES FOR MCFOA $45.00
5/22/2019 032661 MCFOA K.SWEENEY MEMBERSHIP DUES FOR MCFOA $45.00
Check Nbr 032661 MCFOA $90.00
5/22/2019 032662 MET.COUNCIL ENV. SERV. (SDS) WASTEWATER SERVICE FOR DUNE 2019
Check Nbr 032662 MET. COUNCIL ENV. SERV. (SDS) $19,163.78
5/22/2019 032663 MN DEPT OF LABOR&INDUSTRY PRESSURE VESSL INSPECTION
Check Nbr 032663 MN DEPT OF LABOR&INDUSTRY $10.00
5/22/2019 032664 MN PEIP HEALTH INS.THRU 6-30-19
Check Nbr 032664 MN PEIP $2,548.98
5/22/2019 032665 NATIONWIDE RETIREMENT SOLUTION DEF COMP W/H -PAY PERIOD 10
Check Nbr 032665 NATIONWIDE RETIREMENT SOLUTION $1,041.67
5/22/2019 032666 NORTHLAND TRUST SERVICES,INC. GEN. OBLG. IMPRO. REFUNDING BONDS,SERIES 2011A $4,471.25
5/22/2019 032666 NORTHLAND TRUST SERVICES,INC. GEN. OBLG. IMPRO. REFUNDING BONDS,SERIES 2011A $365,000.00
Check Nbr 032666 NORTHLAND TRUST SERVICES,INC. $369,471.25
5/22/2019 032667 PRESS PUBLICATIONS PUBLIC HEARING CONDITIONAL USE PERMIT
Check Nbr 032667 PRESS PUBLICATIONS $100.17
5/22/2019 032668 STANTEC CONSULTING SERVICES IN MDH IMPLEMENTATION GRANT
Check Nbr 032668 STANTEC CONSULTING SERVICES IN $2,843.00
5/22/2019 032669 SUN LIFE INSURANCE COMPANY DUNE 2019 SHORT TERM DISABILITY $139.93
5/22/2019 032669 SUN LIFE INSURANCE COMPANY DUNE 2019 LIFE INSURANCE 9$ 2.18
Check Nbr 032669 SUN LIFE INSURANCE COMPANY $232.11
5/22/2019 032670 XCEL ENERGY 7285 MAIN ST-SERV THRU 5-5-19 $62.26
5/22/2019 032670 XCEL ENERGY STREET LIGHTS-SERV THRU 5-4-19 $1,982.55
5/22/2019 032670 XCEL ENERGY 1875 FOX RUN -PUMP-5-4-19 $144.74
5/22/2019 032670 XCEL ENERGY 1600 LAMOTTE DR-SERV THRU 5-4-19 $15.95
5/22/2019 032670 XCEL ENERGY 7300 MILL RD-SERV THRU 5-4-19 $175.15
5/22/2019 032670 XCEL ENERGY 1600 LAMOTTE DR-BALLFIELD LIGHTS-SERV THRU 5-4-19 $182.98
5/22/2019 032670 XCEL ENERGY 1601 LAMOTTE DR-SERV THRU 5-5-19 $23.13
5/22/2019 032670 XCEL ENERGY 1682 MAIN ST-SERV THRU 5-5-19 $108.00
5/22/2019 032670 XCEL ENERGY 1745 MAIN ST-SERV THRU 5-5-19 $19.32
5/22/2019 032670 XCEL ENERGY 7098 CENTERVILLE RD-SERV THRU 5-5-19 $19.32
5/22/2019 032670 XCEL ENERGY 6970 LAMOTTE DR-SERV THRU 5-4-19 $203.55
5/22/2019 032670 XCEL ENERGY 1889 CENTER ST-SEWER LIFT-SERV THRU 5-7-19 3$ 3.12
Check Nbr 032670 XCEL ENERGY $2,970.07
Total Checks $419,419.89
CENTENNIAL LAKES POLICE DEPT Check Register-Police GL without invoice numbers Page: 1
Check Issue Dates: 5/1/2019-5/7/2019 May 06, 2019 05:20PM
Report Criteria:
Report type: Summary
GL Check Ck No Description Check
Period Issue Date Payee Amount
05/19 05/07/2019 12607 ABRAMS&SCHMIDT LLC APRIL LEGAL 754.00
05/19 05/07/2019 12608 ASPEN MILLS, INC UNIFORM RAIN JACKET HL 148.50
05/19 05/07/2019 12609 BILLS GUN SHOP &RANGE NORTH RANGE USE 18.00
05/19 05/07/2019 12610 CITY OF CIRCLE PINES DUI FORFEITURE DISTRIBUTION 07 C 110.48
05/19 05/07/2019 12611 COVERALL OF THE TWIN CITIES INC CLEANING SERVICE MAY 780.00
05/19 05/07/2019 12612 DISPLAY SALES CO TWO US FLAGS 83.75
05/19 05/07/2019 12613 DON'S CIRCLE SERVICE VEH MTC& REPAIRS 279.51
05/19 05/07/2019 12614 FRATTALLONES HARDWARE, INC. EVIDENCE BAGS 70.66
05/19 05/07/2019 12615 KNOWLAN'S SUPER MARKETS GOVERNING BOARD MEETING SUPP 28.44
05/19 05/07/2019 12616 LANDS' END BUSINESS OUTFITTERS CLERICAL UNIFORMS 950.14
05/19 05/07/2019 12617 CITY OF LEXINGTON DWI FORFEITURE DISTRIBUTION 01 T 147.46
05/19 05/07/2019 12618 METRO SALES, INC COPIER CONTRACT USAGE CHG 122.05
05/19 05/07/2019 12619 MCAA PROPERTY RECEIPTS 44.00
05/19 05/07/2019 12620 NEAL A. NOREN APRIL BLDG MTC 120.00
05/19 05/07/2019 12621 NAC SPRING SEMI-ANNUAL MTC 895.00
05/19 05/07/2019 12622 CITY OF ROSEVILLE MAY IT SERVICES 1,546.00
05/19 05/07/2019 12623 SHRED-N-GO, INC SHREDDING SERVICE 48.83
05/19 05/07/2019 12624 TELECIDE PRODUCTIONS, INC COMPUTER MTC&SUPPORT APRIL 435.00
05/19 05/07/2019 12625 VERIZON WIRELESS SQUAD LAPTOPS APRIL 1,218.33
Grand Totals: 7,800.15
M = Manual Check, V=Void Check
CENTENNIAL LAKES POLICE DEPT Check Register-Police GL without invoice numbers Page: 1
Check Issue Dates: 4/24/2019-4/30/2019 May 06, 2019 04:42PM
Report Criteria:
Report type: Summary
GL Check Ck No Description Check
Period Issue Date Payee Amount
04/19 04/30/2019 2019007 U S BANK VISA-TAPE TRAINING PROP/EVID MG 918.95
Grand Totals: 918.95
M = Manual Check, V=Void Check
CENTENNIAL FIRE DISTRICT Check Register-FIRE GL Page: 1
Check Issue Dates: 5/2/2019-5/15/2019 May 14, 2019 11:27AM
Report Criteria:
Report type: Summary
GL Check Check Vendor Description Check
Period Issue Date Number Number Payee Amount
05/19 05/14/2019 8536 30480 CENTENNIAL UTILITIES APRIL UTILITIES STATION 1 202.75
05/19 05/14/2019 8537 40035 DCF MANUFACTURING, INC 24"X24"X3" SS PAN 125.00
05/19 05/14/2019 8538 80280 HEALTH PARTNERS JUNE HEALTH INS CHIEF &ASS 1,675.95
05/19 05/14/2019 8539 130205 MMKR, INC FINAL BILLING 2018 AUDIT 1,910.00
05/19 05/14/2019 8540 180600 CITY OF ROSEVILLE MAY IT SUPPORT SERVICES 900.00
05/19 05/14/2019 8541 190825 KEVIN STEWART REIMB FOR LODGING TRAININ 161.73
05/19 05/14/2019 8542 200150 THOMAS MOTORS, INC 2010 F150 OIL FILTER/SERVICE 65.00
05/19 05/14/2019 8543 220200 VERIZON WIRELESS 4/5-5/4 MONTLY PH ASST CHIE 53.52
05/19 05/14/2019 8544 230325 WEX BANK FUEL APRIL 435.45
05/19 05/15/2019 2019007 210300 US BANK HOLIDAY INN-LODGING FOR 3 1,085.06
Grand Totals: 6,614.46
Payroll Check#8530-8535
M = Manual Check, V=Void Check
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF CENTERVILLE
RESOLUTION #19 -
A RESOLUTION ACKNOWLEDGING DONATION FROM CENTERVILLE LIONS CLUB
WHEREAS, the City of Centerville has received a donation in the amount of $500.00 from the
Centerville Lion Club to offset the expenses associated with Parks & Recreation; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CENTERVILLE,
ANOKA COUNTY, MINNESOTA:
1. Acknowledges and accepts the submitted donation.
BE IT FURTHER RESOLVED THAT:
1. The City Council and the Parks and Recreation Committee express their gratitude and
appreciation for their donation.
Adopted by the City Council of Centerville this 22nd day of May, 2019
Jeff Paar, Mayor
Attest:
Teresa Bender, City Clerk
CITY OF CENTERVILLE
REQUEST FOR
COUNCIL ACTION Verville
Agenda Item# Department: Requested Council Meeting Date:
VIL7 Public Works May 22, 2019
TITLE OF ISSUE:
Storm water issues and LS44
BACKGROUND AND SUPPLEMENTAL INFORMATION:
This spring several major storm water issues were discovered that require immediate repair to prevent more
damage, flooding and infiltration. We have several washouts around two culverts, one ditch that has filled in &
is preventing storm water from draining properly. The work at LS 44 was caused by frost raising the top
section about 6" and allowing water and debris to enter the lift station. The ditch and culvert work would be
paid for from the Storm water enterprise fund and the the work to reset the top section of LS44 would come
from the Sanitary sewer fund. Turf restoration and asphalt work by city staff.
Two contractors were given tours of the work sites and explained the scope of work.
Olson Excavating quote $30,166.00
Lametti & Sons Inc. quote $80,100.00
COST AND SOURCE(S) OF FUNDING:
Storm and Sanitary Enterprise Funds
REQUESTED COUNCIL ACTION:
For Council approval of the quote from Olson Excavating Service to repair the four identified areas for
$30,166.00.
For Clerk's Use:
SUPPORTED DOCUMENTS ATTACHED
Motion By:
Resolution Ordinance Contract Minutes Plan Map
Second By:
Vote Record: Ave Nay
�� Lakso Other(specify) Quotes
Love
Paar
Koski
Montain
Administration Department Use:
Refer to:
Consent
Tabled Until:
Regular
Other:
Olson's Sewer Service, Inc. • Olson's Excavating Service
17638 Lyons Street NE
10L Forest Lake, MN 55025
(651) 464-2082 . Fax: (651) 464-9029
PROPOSAL SUBMITTED TO PHONE DATE
City of Centerville, ATTN: Ted 04/25/2019
STREET JOB NAME
1880 Main Street Ditch Cleaning and Drainage Improvement
CITY,STATE AND ZIP CODE JOB LOCATION
Centerville, MN 55038
ARCHITECT/DESIGNER DATE OF PLANS JOB PHONE
City of Centerville
We hereby submit specifications and estimates for:
We will clean 140 feet of ditch to promote positive drainage to include clearing and grubbing 6 small trees and 3
clumps of brush. We will also haul away up to 96 cubic yards of excess soil for disposal. The excavated area
will be seeded, fertilized, and covered in up to 300 square yards of two sided erosion blanket. The cost for this
work is $4,912.40
We will saw cut the concrete and asphalt around the top of the lift station for access to excavate down past the
first barrel section. We will remove the top barrel section, clean both sealing surfaces and reseal the two
sections together. We will use 4-3/8 inch thick straps that are 16 inches long by 4 inches wide with 4 bolts each
to secure the two barrel sections together. We will backfill the excavation area with the existing soil. The pump
company will be responsible for disconnecting and reconnecting the electrical, pump and switches. The budget
number for this job is $6,735.73
To stop the water from flowing under the culvert at 6888 Beaver Pond way we will access the area by going
through Lamotte Park. I purpose digging up the pipe in the middle of the ditch bank by excavating 1 to 1 '/2 feet
below the pipe. We will fill the trench 2 feet wide and 5 feet long on both sides of the pipe to the top of the pipe
with up to 5 cubic yards of concrete. We will have to carry the concrete with skid-steers across Lamotte Park
parking lot. We may have to create a bridge over the creek for access. The budget number for this job is
$6,389.91
No concrete, asphalt or landscape restoration is included. No permits included.
Any person or company supplying labor or materials for this improvement to your property may file a lien against
your property if that person or company is not paid for the contributions. Under Minnesota law, you have the right
to pay persons who supplied labor or materials for this improvement directly and deduct this amount from our
contract price, or withhold the amounts due from us until 120 days after completion of the improvement unless we
give you a lien waiver signed by persons who supplied the labor or material for the improvement and who gave you
timely notice. We reserve the right to file a lien if payment in full is not received within 30 days of the invoice date.
Any additional costs will be added to the bill for interest, legal expenses, attorney fees, and/or collection costs.
We Propose hereby to furnish material and labor—complete in accordance with above specifications, for the sum of:
AS NOTED ABOVE.
Payment to be made as follows:
TO BE PAID WITHIN 30 DAYS OF THE INVOICE.
A SIGNED CONTRACT IS NECESSARY TO PERFORM THE WORK DESCRIBED ABOVE.
All material is guaranteed to be as specified. All work to be completed in a workmanlike manner Authorized Signature
according to standard practices. Any alteration or deviation from above specifications involving extra JON M. OLSON
costs will be executed only upon written orders,and will become an extra charge over and above the
estimate. All agreements contingent upon strikes,accidents or delays beyond our control. Owner to
carry fire,tornado and other necessary insurance. Our workers are fully covered by Workmen's
Com ensation insurance. Note: We may withdraw this proposal if not accepted within 30 days.
Acceptance of Proposal —The above prices,specifications and
conditions are satisfactory and are hereby accepted. You are authorized to Signature
do the work as specified. Payment will be made as outlined above.
Date of Acceptance Signature
Keep Your Sewer in the Pink! www.olsonsinthepink.com
Olson's Sewer Service Inc. Olson's Excavating Service
17638 Lyons Street NE
10L Forest Lake, MN 55025
(651) 464-2082 Fax (651) 464-9029
PROPOSAL SUBMITTED TO PHONE DATE
City of Centerville (651) 324-2382 5/9/2019
STREET JOB NAME
1880 Main Street Culvert Replacement - Brian Drive
CITY,STATE AND ZIP CODE JOB LOCATION
Centerville, MN 55038 7305 - 7311 Brian Drive
ARCHITECT/DESIGNER EMAIL
tpeterson@centervillemn.com
We hereby submit specifications and estimates for:
We will pump down the pond and replace the existing 18" x 28' culverts with new elongated comparable
culverts with flared ends to include up to 8 tons of bedding rock. We will saw cut and remove a 44' x 10' area
of asphalt. The asphalt will be hauled away for recycling. We will cut down the hill and haul up to 24 cubic
yards of excess soil off site.
We will prepare the excavated area for new asphalt with up to 16.5 tons of Class 5 recycle for a depth of 9".
We will replace the two north south walls of the existing weir with treated lumber.
No black top included.
Any person or company supplying labor or materials for this improvement to your property may file a lien against
your property if that person or company is not paid for the contributions. Under Minnesota law, you have the right
to pay persons who supplied labor or materials for this improvement directly and deduct this amount from our
contract price, or withhold the amounts due from us until 120 days after completion of the improvement unless we
give you a lien waiver signed by persons who supplied the labor or material for the improvement and who gave you
timely notice. We reserve the right to file a lien if payment in full is not received within 30 days of the invoice date.
Any additional costs will be added to the bill for interest, legal expenses, attorney fees, and/or collection costs.
We Propose hereby to furnish material and labor—complete in accordance with above specifications, for the sum of:
TWELVE THOUSAND ONE HUNDRED TWENTY-SEVEN DOLLARS AND 96/100 $12,127.96
Payment to be made as follows:
TO BE PAID IN FULL UPON RECEIPT OF INVOICE.
A SIGNED CONTRACT IS NECESSARY TO PERFORM THE WORK DESCRIBED ABOVE.
All material is guaranteed to be as specified. All work to be completed in a workmanlike manner Authorized Signature
according to standard practices. Any alteration or deviation from above specifications involving extra
costs will be executed only upon written orders,and will become an extra charge over and above the Jon M. Olson
estimate. All agreements contingent upon strikes,accidents or delays beyond our control. Owner to
carry fire,tornado and other necessary insurance. Our workers are fully covered by Workmen's Note: We may withdraw this proposal if not accepted within 30 days.
Com ensation insurance. Y p p p Y
Acceptance of Proposal —The above prices,specifications and
conditions are satisfactory and are hereby accepted. You are authorized to Signature
do the work as specified. Payment will be made as outlined above. X
Date of Acceptance_X Signature
X
www.olsonsinthepink.com Keep Your Sewer in the Pink!
PARK FACILITY PERMIT APPLICATION
1. NwneAddress/Phone lqumber° :ndiv. m l or()rganization rv*.-;ponsJ1!1Ae for
making thisap plic atilon:
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Telephone Nuniber City, State 4%,,Zip,
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Wliat,City JEW':,illides do'yawwisffi 11.o use
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()Jighting&'Warming HOW&) ",rraitsilide Park.
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'5 i.ease list,the date liar dates and 11im.es yourgwopose to use Item e fiacifities:
................................................. .......-................... ...... ....................................................................................................................................................................................
("0'. Is anyone charged a f6r;twimatich ox.,parficipate in your vved?
1. Hzve you used thir.mir faciliti.es before? .111 f'so, whou'?
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Burninp.,, .P-ermit, tlstlrw q,fl4gha, halhrooms ir)rpo?la,-potties,, .,,Park.,Buildin,g,�)
Please dtwrillbe
Depe&ffii upic.xii, th,e nature ofyour evemit, or if:you arerequesting City services, mu may
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be requimd complete a diffiEwent apIll-)[icalign and/ow-1 mAe a depusit to coviff.., city c*sts.
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Office Use Only
Pemitppn.Yved by: ................................................................................................................................................................................................................................ Date:
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11N,,-,posit required: Ricceij.'A#
Form number 2013.01 PU
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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.
Church of St. Genevieve Susie Irlbeck
Sponsoring Organization Name of Applicant or Contact Person
7087 Goiffon Rd 651-429-7937
Address (Street, City, State, Zip) Phone Number
sirlbeck(a,stgens.org
Email Address: sirlbeck(a-),stgens.org
Type of Event:
0 Run/Walk O Planned Demonstration 0 Fundraiser
8 Block Party OCeremony Celebration
Parade C)Concert 00ther
Street Fair
August 18 1400 Event Hours Ham-4pm
Date of Event Anticipated Attendance
Name or Title of Event: St. Genevieve Parish Festival
Location and Description of Event: (List any city parks, streets, trails or facilities to be used and/or blocked-off during the event)
Chicken Dinner and games at the Parish Community Center at 6995 Centerville Rd.
NOTE: No permanent markings of route allowed on any streets, sidewalks, or trails in the City of Centerville.
1) Are police officers needed to proviriP ervice, the event (traffic control, security, barricading streets,
and use of equipment, etc.) Yes No _ ✓ .
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.
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 insurance.
Is insurance required (as determined by City staff): _�Yes No
Digitally signed by Susan Irlbeck
DN'.cn=Susan Irlbeck,o=Church of St.Genevieve, 5- —r7 0 n
u s a n Irlbeck ou,email=sirl beck @stgens org,c=US J LL 7
Signature: Date'.2019.05.1607'.51'.10-05'00' 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: Yes]Z 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.)
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 ❑
9 THE CHURCH OF
eneriale
7087 GOIFFON ROAD
CENTERVILLE, MN 55038
May 8, 2019
City of Centerville
1880 Main Street
Centerville,MN 55038
Subject: St. Genevieve's Parish Festival
Sunday, August 18, 2019
Liquor License
Enclosed is the completed Application for a temporary license for sale of liquor.
This year's event will take place on our Parish Community Center grounds,
6995 Centerville Road. You will receive insurance information mid-June.
Please feel free to contact the undersigned with any questions.
Sincerely,
Andrew A. Melcher
St. Genevieve Festival Coordinator
952-927-2431 days
THE CHURCH OF
it. 19eneriepe
7087 GOIFFON ROAD
CENTERVILLE, MN 55038
May 8, 2019
Centerville City Council
City of Centerville
1880 Main Street
Centerville, MN 55038
Subject: St. Genevieve's Parish Festival
Sunday, August 18, 2019
Dear Council Members:
We are requesting your support in approving our gaming permit for our annual Parish
Festival. Enclosed is the completed form. We respectfully request your signature and the
return of the form to us.
Please feel free to contact the undersigned with any questions.
Sincerely,
Andrew A. Melcher
St. Genevieve Festival Coordinator
952-927-2431 days
11/17
LG220 Application for Exempt Permit Page 2of2
LOCAL UNIT OF GOVERNMENT ACKNOWLEDGMENT (required before submitting application to r
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
The application is acknowledged with no waiting period. he application is acknowledged with no waiting period.
The application is acknowledged with a 30-day waiting 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. ❑i'he 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 d ys of ent date.
Chief Executive Officer's Signature: Date:
,�! 8 Zi9/
(Signatur us CEO's signature esignee may not sign)
Print Name: Fr. Greg Esty
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 opportunity employer
MINNESOTA LAWFUL GAMBLING 11/17
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
YY Y 9
our count b calling 651-539-1900. service, nor are telephone requests for expedited service accepted.
ORGANIZATION INFORMATION
Organization Previous Gambling
Name: Church of St. Genevieve Permit Number: X-98008
Minnesota Tax ID Federal Employer ID
Number, if any: 4361808 Number(FEIN), if any: 41-1417861
Mailing Address: 7087 Goiffon Rd
City: Centerville State: MN Zip; 55038 County: Anoka
Name of Chief Executive Officer(CEO): Fr. Greg Esty
CEO Daytime Phone: 651-429-7937 CEO Email: siribeck@stgens.org
(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 0 Religious Veterans 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): Church of St. Genevieve Parish Grounds
Physical Address (do not use P.O. box): 6995 Centerville Rd
Check one:
M 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:
M Bingo =Paddlewheels F7]Pull-Tabs =Tipboards F7�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 of Licensees tab,or call 651-539-1900.
CITY OF CENTERVILLE
REQUEST FOR
COUNCIL ACTION Verville
Agenda Item# Department: Requested Council Meeting Date:
VIII.1.a Planning May 22, 2019
TITLE OF ISSUE:
Ord. 497 (Second Reading) Creating B2 District, Amending B 1 and Table 156;
BACKGROUND AND SUPPLEMENTAL INFORMATION:
Background information is discussed in the attached memo from our planners.
COST AND SOURCE(S) OF FUNDING:
N/A
REQUESTED COUNCIL ACTION:
Motion to approve Ordinance #97, Creating a new B-2 Main Street Commercial Zoning District, Amending
the text of the B-1 District and Amending the Table of Allowed Uses.
For Clerk's Use:
SUPPORTED DOCUMENTS ATTACHED
Motion By:
Resolution Ordinance Contract Minutes Plan Map
Second By:
X X
Vote Record: Ave Nay
�� Lakso Other(specify) Planning Memo
Love
Paar
Koski
Montain
Administration Department Use:
Refer to:
Consent
Tabled Until:
Regular
Other:
Sta ntec
733 Marquette Avenue, Suite 1000, Minneapolis, MN 55402
Planning Report
DATE: May 7, 2019
TO: Centerville Planning & Zoning Commission
FROM: Phil Carlson, AICP, Stantec, Senior Planner
RE: B-2 Zoning
BACKGROUND
In light of a new business that wants to build on the City-owned site at 2021 Commerce Drive, the
NE corner of 20t" Avenue and Commerce Drive, The Planning and Zoning Commission recently
recommended, and the City Council adopted, changes to the zoning line between B-1 and I-1
zoning and to the text of the I-1 Industrial zoning district uses.That discussion also prompted
discussion of potential changes to the uses in the B-1 Commercial district and the creation of a
new B-2 district on Main Street. This memo summarizes those proposed changes and includes
recommended amendments to the zoning map, to the text of uses and Table 156-A.1 in the
Zoning Code.
PLANNING ISSUES
Land Use Plan
The City's Land Use Plan for 2030 (previous Plan) and 2040 (recently amended Plan) show
essentially the same areas guided for Commercial use, with the exception of the areas either side
of Commerce Drive that were recently changed from Commercial to Industrial. The Commercial
areas include properties along Main Street and extending south into the City's business and
industrial park along both 20t" and 21 st Avenues (see map excerpts on the following page).
Part of the rationale for the proposed changes is that there are important differences between
what is developed along Main Street and what is developed adjacent to the business and
industrial park.These differences can be reflected in different zoning districts, even though both
are guided "Commercial" in the City's Land Use Plan. The subtle differences in uses between the
current B-1 district and the proposed B-2 Main Street district can still both fall under the City's Land
Use Plan Commercial designation.
wifflh,c)rr ii nul,III y, Il i rnlrl,f;
May 7, 2019
Centerville Planning &Zoning Commission
Page 2 of 7
B-2 Zoning
The map excerpts below illustrate the Land Use Plans from the 2030 Plan (left) and the recently
amended 2040 Plan (right). The properties along Main Street are guided Commercial in both
Plans, even though some of the properties to the south in the business park we reguided to
Industrial.
2030 Future ILand Use Plan 2040,Future Land Use Plan(with recent revision)
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Recent Rezoning
The City Council recently changed the zoning to reflect the Land Use Plan change above. The
map excerpts to the right illustrate the areas near Commerce Drive that were rezoned.
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Previous Zoning Recent Rezoning
May 7, 2019
Centerville Planning &Zoning Commission
Page 3 of 7
B-2 Zoning
Proposed B-1 & B-2 Zoning
The current location of B-1 Commercial zoning in Centerville includes all of the bright red and
salmon colored areas on the map below. The properties proposed for the new B-2 Main Street
Commercial district are in bright red and those to remain B-1 Commercial are the salmon color.
The rationale is that all existing parcels that front Main Street on either side will be in the new B-2
district and the others further south along 20t" and 21 st Avenues abutting Industrial zoning would
remain B-1.
Proposed B-1 B-2 7oninpg
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I 1g v'1l1 ir r rrr'
May 7, 2019
Centerville Planning &Zoning Commission
Page 4 of 7
B-2 Zoning
Zoning Code Text Changes
Given the specific existing and proposed uses in this area, the Planning &Zoning Commission has
discussed at previous meetings, potential changes to uses in the B-1 and new B-2 districts. These
include the following changes to uses which are summarized in part in the attached revised Table
156-A.1 in the Zoning Code, as well as in the attached draft ordinance:
1) A new district will be created, B-2 Main Street Commercial, based on the existing B-1
Commercial district, but with some changes to uses to make Main Street more attractive
and keep out uses that might be potentially too large, unattractive, or too industrial in
nature.
2) There are minimum requirements set forth in the code under the B-1 district, but the text
says it is for "commercial districts". This will be changed to reflect just the B-1 district, with a
similar section added for the new B-2 district, since there are some differences.
3) A number of the uses themselves are proposed for minor changes:
a. "Service" is to be taken out of the "Automobile and motorized equipment sales
and service" use, creating a new use in the table that is just sales.
b. "Service" is left in as a separate use,with no sales.
c. "Service" is left in for a new use, as accessory to a gas station.
d. "Storage yards" is to be taken out of the "Building supply sale and storage yards"
use, so that such uses can operate within an enclosed building.
e. "Commercial schools" are included in the table, but not in text of the code. This is
corrected by adding the use to the text and adding "cultural centers" to the use as
well.
f. "Commercial recreation" is included in the table, but not in text of the code.This is
corrected by adding the use to the text.
g. "Lawn" is added to the "Farm implements sales and service" use.
h. The "Funeral homes and mortuaries" use is amended to add "excluding
crematoriums".
i. "Animal clinics" is a use noted in the text, but "Veterinary clinic" is the use in the
table. The code is amended to note "Veterinary clinic" in both places, eliminating
"animal clinic".
j. "Machine and repair shops" are noted in the table, but not in the text. The uses is
added in the text.
k. "Mini-storage" is added as a use in the text.
4) There are a couple of typographical errors in Section 156.030(N)(1) of the B-1 district. They
are corrected in the draft ordinance.
5) The new B-2 district is created as Section 156.031, with purpose as noted in the draft
ordinance.The minimum development requirements noted above for the B-1 district are
mostly repeated in the new B-2 district, but the Conditional Uses are specifically listed in the
1 1gI l v'1lI t i r r Ind
May 7, 2019
Centerville Planning &Zoning Commission
Page 5 of 7
B-2 Zoning
text, some of which are different form the B-1 district.
6) For each change in Table 156-A.1 (use table) the wording of a use may be revised or the
notation of "P" or "C" for Permitted or Conditional Uses may change. These changes are
listed individually in the text of the draft ordinance.
RECOMMENDATIONS
There are numerous individual changes being proposed, but there are two basic actions to be
taken:
1) Recommend approval of the draft ordinance creating the new B-2 district and making
changes to the text of the B-1 and B-2 districts. These can all be taken under one action by
the Planning and Zoning Commission-recommend approval of the draft ordinance.
2) Recommend approval of the rezoning of certain properties from B-1 to the new B-2 district.
A public hearing is required for both actions and these have been duly published and noticed in
the City's official newspaper, and surrounding property owners within 350 feet have been notified
at least ten days in advance.
1) We recommend that the Planning & Zoning Commission recommend approval of the
attached draft ordinance creating a new zoning district to be called B-2 Main Street and
amending the text and table of uses for the B-1 and B-2 districts.
2) We recommend that the Planning & Zoning Commission recommend rezoning the
following properties from B-1 Commercial to B-2 Main Street Commercial, as illustrated in
the map excerpts in this memo:
• 1801 Main Street (PIN #23-31-22-12-0006),
• 1825 Main Street (PIN #23-31-22-12-0007),
• 1845 Main Street (PIN #23-31-22-12-0091),
• (No address) Main Street (PIN #23-31-22-12-0092),
• 1873 Main Street (PIN #23-31-22-12-0093),
• 1969 Main Street (PIN #23-31-22-11-0004),
• 1970 Main Street (PIN #23-31-22-14-0026),
• 1973 Main Street (PIN 23-31-22-11-0006),
• 1976 Main Street (PIN #23-31-22-11-0005),
• 1979 Main Street (PIN #23-31-22-11-0003),
• 1980 Main Street (PIN #23-31-22-14-0003),
• 1981 Main Street (PIN #23-31-22-11-0002),
• 1988 Main Street (PIN #23-31-22-14-0075),
• 1990 Main Street (PIN #23-31-22-14-0018),
• 2030 Main Street (PIN #24-31-22-23-0008),
• 2050 Main Street (PIN #24-31-22-23-0009),
1 1g v'1 ir r rrd
May 7, 2019
Centerville Planning &Zoning Commission
Page 6 of 7
B-2 Zoning
• (No address) Main Street (PIN #24-31-22-23-0010),
• 7090 20th Avenue (PIN #24-31-22-23-0005),
• 7105 20th Avenue (PIN #24-31-22-22-0215),
• 7140 20th Avenue (PIN #24-31-22-22-0002),
• (No address) 20th Avenue (PIN #24-31-22-23-0010),
• 7095 21 st Avenue (PIN #24-31-22-23-0011),
• 7111 21stAvenue (PIN #24-31-22-22-0216).
OPTIONS
For each of the two actions and recommendations above the Planning & Zoning Commission
can:
1) Move to recommend approval and adopt Findings in support of the motion;
2) Move to recommend denial and adopt Findings in support of the motion; or
3) Move to continue the item(s) for further discussion or to gather additional information.
FINDINGS OF FACT
If the Planning and Zoning Commission recommends approval of the actions above, the following
Findings of Fact could be cited in support of those decisions.
1) The City wants to retain a community commercial character on its Main Street, reducing
the development of large, unsightly or industrial type uses. Creating a new zoning district,
B-2, specifically for this Main Street commercial district is reasonable and appropriate.
2) With the creation of a new B-2 Main Street Commercial district it is necessary to have
somewhat different standards and uses for the new district compared to the existing B-1
Commercial district. Amending the code to clearly distinguish which standards apply in
which district is reasonable and appropriate, as is done through many of the proposed
changes to the text of the Zoning Code.
3) Automobile and motorized equipment service, as opposed to strictly sales, involves
potentially unsightly display of vehicles, equipment to be repaired, and service bays, which
is undesirable along Main Street, and therefore separating sales and service in different
uses, is reasonable and appropriate.
4) Similarly, it is reasonable and appropriate to allow some service of automobiles and
motorized equipment as an accessory or subordinate use to a gas station and define it as
such in the Zoning Code.
5) Building supply sales within an enclosed building is a use that can be appropriate for the
high visibility environment of Main Street, but a storage yard associated with such a use is
not. Therefore, separating storage yards from this use is reasonable and appropriate.
I 1g ri v'1lI t i r r��ind
May 7, 2019
Centerville Planning &Zoning Commission
Page 7 of 7
B-2 Zoning
6) Cultural centers are a use that has appeared more often in the region. With classrooms,
meeting space and assembly areas they function similar to schools and it is reasonable
and appropriate to include them with the commercial school use in the Zoning Code.
7) Sales and service of lawn equipment-lawn mowers, snow blowers and similar machines-
is prevalent and similar in many ways to farm implements. Therefore, it is reasonable and
appropriate to include lawn implements with the farm implement use in the Zoning Code.
8) In creating the distinction between a high visibility Main Street corridor and a more
industrial commercial district off Main Street it is reasonable and appropriate to distinguish
outdoor retail sales and service in the Zoning Code as opposed to strictly indoor retail uses.
9) Funeral homes and mortuaries are a typical use in commercial districts, but a crematorium
can produce undesirable odors and is therefore not wanted in these districts. It is
reasonable and appropriate to limit the use accordingly.
10) Public utility buildings and structures can include large unsightly uses that are more
appropriate for industrial versus commercial districts. Therefore, it is reasonable and
appropriate to prohibit their inclusion in the commercial districts.
11) Taken together, the specific Permitted and Conditional Uses in the B-1 and B-2 districts
proposed in the ordinance represent a reasonable mix of uses that fulfill the City's intent,
purpose and community standards for a commercial district with some adjacency to the
Industrial district (B-1) and for a more selective and visible Main Street commercial district
(B-2).
1 1g v'1lI t i r r��ind
THE CITY OF CENTERVILLE
ANOKA COUNTY,MINNESOTA
ORDINANCE NO._, Second Series
AN ORDINANCE TO REVISE THE CITY'S ZONING CODE TO CREATE A NEW
B-2 MAIN STREET COMMERCIAL DISTRICT AND TO AMEND THE TEXT AND
TABLE OF DISTRICT ALLOWED USES FOR THE B-1 AND B-2 DISTRICTS
The City Council of the City of Centerville hereby ordains:
Section 1. That Section 156.015(C),Establishment of districts, of the Centerville Zoning Code
shall be amended by adding a new item (7) as follows:
(7) B-2 Main Street Commercial
Subsequent items (7) through (10) under Section 156.015(C) shall be renumbered
accordingly as items (8)through (11).
Section 2. That Section 156.030 (B) of the Centerville Zoning Code shall be amended to read as
follows:
(B) General minimum requirements. The following minimum requirements, as set forth,
shall apply to all buildings that may be erected, converted or structurally altered in
eammer-eia4 distr-iets the B-1 District.
Section 3. That Section 156.030 (L) shall be amended to read as follows:
(L) Conditional uses.
(1) Automobile and motorized equipment sales ate, excluding salvage
operation,provided;
(a) the outside sales lot shall not be larger in square footage than 14e one and
one-half times the square footage of the building devoted to the related
business.
(b) the sales lot used to park vehicles to be sold men shall be separate and
distinct from the area of the premises used to park vehicles necessary to
satisfy the minimum parking required by this Code.
�Ro repair, assembly, disassembly, or maintenance of vehicles shall occur
on site except minor maintenance including tire
inflation, adding oil and wiper replacement.Vehicles that are inoperable or
missing body parts shall be stored inside a building_
afea,prvyrdelivweyer-t at vehicless whieh afe inapefable,missing ba4
DRAFT Page 1 of 6
pa4sor-afe�mlieensed may t be star-ea a, 4side ., bidi di i r e.tha 90
(2) Automobile and motorized equipment service, excludingsalvage alva eeooperation,
provided,
(a) all repair, assembly, disassembly, or maintenance of vehicles shall occur
within a closed building except minor maintenance including tire inflation,
adding oil and wiper replacement.Vehicles that are inoperable or missing
body parts shall be stored inside a building. or in a properly screened area,
provide however that vehicles which are inoperable,missing body parts, or
are unlicensed may not be stored outside a building longer than 90 days.
(3) Automobile and motorized equipment service, excludingsalvage alvage operation, as
accessory to a gas station,provided,
(a) all repair, assembly, disassembly, or maintenance of vehicles shall occur
within a closed building except minor maintenance including tire inflation,
adding oil and wiper replacement.Vehicles that are inoperable or missing
body parts shall be stored inside a building. or in a properly screened area,
provide however that vehicles which are inoperable,missing body parts, or
are unlicensed may not be stored outside a building longer than 90 days.
(-3)(4) Building supply sales,provided ;
(a) all sales and storage of materials and equipment shall be completely within
an enclosed building. the *side eqaipment s*er-age 44 shall not be lafge-
devoted to the related b
(5) Commercial schools and cultural centers,
(6) Commercial recreation,
4-24�D Farm/lawn implements sales and service;
(a) the outside equipment storage lot shall not be larger in square footage than
one and one-half times the square footage of the building devoted to the
related business.
(b) all repair, assembly, disassembly, or maintenance of vehicles shall occur
within a closed building except minor maintenance including tire inflation,
adding oil and wiper replacement.Vehicles that are inoperable or missing
body parts shall be stored inside a building.
(4}L8�Funeral homes and mortuaries (excluding crematoriums);
DRAFT Page 2 of 6
outdoor retail sales and service, excluding adult-oriented businesses,
(54 10 a4 elfin es veterinary clinic;
(11) Machine and repair shops,provided,
(a) all storage of materials and equipment shall be completely within an enclosed
building.
(12) Mini-storage.
Section 4. That Section 156.030 (N) (1) shall be amended to correct typographical errors to
read as follows:
(1) Industrial uses that existed on a site in the I-1 Industrial district as a legal, fully
conforming uses prior to the site being rezoned from I-1 to 13-1,may continue and be
expanded on that site as if located in an I-1 District until the use is changed to a use
that is permitted in this district, After it is changed to a use permitted in the 13-1
district,it may not thereafter be used except as permitted in this district. Where the
proposed change from I-1 to 9-2 13-1 has been initiated by the City, the Planning and
Zoning Commission shall simultaneously with making such zoning change,
determine whether such parcel is a fully conforming industrial use qualifying for
interim use status. Where positive determination is made, the action shall be filed
with the Anoka County Recorder.
Section 5. That a new Section 156.031 shall be added to the Centerville Zoning Code to create
a new zoning district,Main Street Commercial(B-2),to read as follows:
156.031 MAIN STREET COMMERCIAL DISTRICT(B-2)
Purpose. It is the intended purpose of the B-2 District to provide opportunities for
attractive retail and service business uses along Centerville's Main Street appropriate
for a high visibility community commercial corridor.
Minimum development requirements. The minimum requirements set forth for the 13-
1 District in this Chapter in Section 156.030 (C), (D), (E), (F), (G), (H), (I), (J), and
(M), shall also apply to all buildings that may be erected, converted or structurally
altered in the B-2 District.
Permitted uses. See Table 156-A.1.
(1) Uses not explicitly enumerated in this section as permitted uses,but closely
similar thereto as determined by the Planning and Zoning Commission,provided
these uses are not explicitly mentioned as permitted or conditional uses
elsewhere in this Chapter.
DRAFT Page 3 of 6
Conditional uses.
(1) Automobile and motorized equipment service, excluding salvage operation, as
accessory to a gas station,provided,
(a) all repair, assembly, disassembly, or maintenance of vehicles shall occur
within a closed building except minor maintenance including tire inflation,
adding oil and wiper replacement.Vehicles that are inoperable or missing
body parts shall be stored inside a building. or in a properly screened area,
provide however that vehicles which are inoperable,missing bodyparts, or
are unlicensed may not be stored outside a building longer than 90 days.
(2) Building supply sales,provided,
(a) all sales and storage of materials and equipment shall be completely within
an enclosed building.
(3) Commercial schools and cultural centers,
(4) Commercial recreation,
(5) Funeral homes and mortuaries (excluding crematoriums),
(6) Hospitals,
(7) Outdoor retail sales and service, excluding adult-oriented businesses;
Section 6. That Table 156-A.1 District Allowed Uses,in Appendix A of the Centerville Zoning
Code shall be amended as follows:
i. A new column is to be added, labelled `B-2 156.031"to the right of the column
labelled `B-1 156.030".
ii. All spaces under the B-2 column shall be left blank,indicating that the use is
prohibited,unless specifically noted with a"P"for a Permitted use or a"C" for a
Conditional use.
iii. Under"Commercial Uses"the use "Building Supply Sale and Storage Yards"is
to be amended to read `Building Supply Sales (Within Building Only)".
iv. Under"Commercial Uses"the use "Commercial schools"is to be amended to
read"Commercial schools/Cultural Centers".
V. Under"Commercial Uses"the use "Funeral homes and mortuaries"is to be
amended to read "Funeral homes and mortuaries (Excluding Crematoriums)".
DRAFT Page 4 of 6
vi. Under"Commercial Uses"the use "Hotels and motels"is to be amended to read
"Hotels and- ".
vii. Under"Commercial Uses"the use "Retail sales and service,but excluding adult-
oriented businesses"is to be amended to read "Outdoor Retail sales and service,
excluding adult-oriented businesses".
viii. Under"Industrial Uses"the use "Machine and repair shops"is to be amended to
read"Machine and repair shops (Indoors)".
ix. Under Commercial Uses, across from the use "Public utility buildings and
structures"the "P"is to be removed from the B-1 column, leaving the space
blank,indicating the use is prohibited in the B-1 District.
X. Under Commercial Uses, across from the following uses a"C"is to be added in
the B-1 column,indicating the use is a Conditional Use in the B-1 District:
a. Veterinary clinic
b. Automobile and motorized equipment service, excluding salvage operations
as accessory to a gas station
c. Car washes
d. Commercial schools/Cultural Centers
e. Commercial recreation
f. Outdoor Retail sales and service, excluding adult-oriented businesses
xi. Under Industrial Uses, across from the following uses a"C"is to be added in the
B-1 column,indicating the use is a Conditional Use in the B-1 District:
a. Machine and repair shops (Indoors)
b. Mini-storage
xii. Under Group Living Uses, across from the following uses a"C"is to be added in
the B-2 column,indicating the use is a Conditional Use in the B-2 District:
a. Nursing homes
b. Licensed day care serving seventeen or more persons
c. Specialized Care Facility
xiii. Under Commercial Uses, across from the following uses a"C"is to be added in
the B-2 column,indicating the use is a Conditional Use in the B-2 District:
a. Pet Shop
b. Automobile and motorized equipment service, excluding salvage operations
as accessory to a gas station
c. Building Supply Sales (Within Building Only)
d. Commercial schools/Cultural Centers
e. Commercial recreation
f. Funeral homes and mortuaries (Excluding Crematoriums).
DRAFT Page 5 of 6
g. Hospitals
h. Outdoor Retail sales and service, excluding adult-oriented businesses
xiv. Under Commercial Uses, across from the following uses a"P"is to be added in
the B-2 column,indicating the use is a Permitted Use in the B-2 District:
a. Accessory Buildings
b. Automobile and motorized equipment sales, excluding salvage operations
c. Barber/beauty salons
d. Business and Professional Offices
e. Financial institutions
f. Hotels
g. Liquor stores
h. Medical clinic
i. Personal and professional offices
j. Public buildings
k. Theatres and recreational businesses conducted with structures
Section 7. Effective Date. This ordinance takes effect upon its adoption and publication.
ADOPTED by the City Council of the City of Centerville, Minnesota, this day of May, 2019.
Jeff Paar, Mayor
ATTEST:
Teresa Bender, City Clerk Dated
DRAFT Page 6 of 6
TABLE 156-A.1 District Allowed Uses
0
Use Category and Use Type �o
Agricultural Uses
Crop production and vegetable gardening
Produce stands for products raised on the
remises
Tree nurseries and sod farms
Horses, livestock and fowl, not exceeding a
density of one horse or livestock animal per
acre or three fowl per acre
Group Living Uses
Nursing homes C C
Residential-Care for six or Fewer Persons
(Except Juvenile Sex Offender Treatment)
Residential-Care for Juvenile Sex Offender
Treatment for up to six persons.
Residential-Care for seven through sixteen
Persons (Except Juvenile Sex Offender
Treatment) (Subject to conditions as are
necessary to protect the health and safety of
the residents of the residential facility
Family Day Care serving twelve or fewer
persons
Group Family Day Care serving 14 or fewer
persons
Licensed day care serving thirteen through
sixteen persons
Licensed day care serving seventeen or more C C
persons
Specialized Care Facility C C
Household Living Uses
Single-family detached dwellings at a density
not exceeding one home per ten acres
Single-family detached dwellings
Single-family attached dwellings with up to two
dwelling units per building
TABLE 156-A.1 District Allowed Uses
0
Use Category and Use Type
Single-family attached dwellings with up to
twelve dwelling units per acre
Single-family attached or detached dwellings
where in combination with multi-family dwellings
on the development property meet the district
density goal
Manufactured housing development, park, or
cooperative
Multi-family projects
Public parks and recreation uses
Residential accessory uses as further reguated
in this chapter
Home Occupations
Commercial Uses
Accessory Buildings P
Adult and Sexually oriented businesses as
further regulated in this code
Veterinary Clinic C
Pet Shop C C
Kennel
Automobile and motorized equipment sales and.
.8112V G@, excluding salvage operations C
OUi.Cioouiµs)
Automobile and motorized equipment sales and
.8112V G@, excluding salvage operations P
illI(:iooirs)
Automobile and motorized equipment service, C
excluding salvage operations
TABLE 156-A.1 District Allowed Uses
0
Use Category and Use Type
Automobile and motorized equipment service,
excluding salvage operations as m:x essoiry l.o C C
a alas sl.alJoin
Barber/beauty salons P
Building Supply Sales and Storage Yards
liiltliIII lll���l:III':IlliillktIIll lu:lg ,fll: ly) C C
hm
Business and Professional Offices P
Car washes PC
Commercial schools/CLfllhllflralll Ceint.eirs PC C
Commercial recreation C C C
Construction trade offices and yards
Day care -see Group Living Uses
Day care facility P
Eating and drinking establishments P
Farm/Ill:...:awin Implement sales and service C
Farm/Ill:...:awin Implement sales and service
liI V:11 m liI ll l II':Illlll �lii 111;l lii u m tl 111 f 111 y P
Financial institutions P
Funeral homes and mortuaries II'IllllllxclllU(;llii III m(l C C
C uiµc ui m ival.ouiµlii L�ui m ius)
Hospitals C C
Hotels and 1411914l. :. P
Liquor stores P
Medical Clinic P
Machine and repair shops-inside building only C
oti-Retail(btil ) Riel Cabs
TABLE 156-A.1 District Allowed Uses
0
Use Category and Use Type
Personal and professional business offices P
Public buildings P
Public utility buildings and structures Al"'m
'Zclaliill Fuel sales P
Theatres and recreational businesses
P
conducted within structures.
Retail sales and service, but excluding adult-
oriented businesses P
OLddooir Retail sales and service, but C C
excluding adult-oriented businesses
Industrial Uses
Indoor Shooting/Archery Range
Machine and repair shops II'umm;loouiµs C
Manufacturing, processing, assembly except
recycling and waste
Mini-Storage C
Research Facility, excluding animal or livestock
Recycling and Waste Processing entirely within
the principle structure
Truck Terminal
Warehouse/Distribution
CODES
Interim Use
Permitted Use
Conditional Use
Planned Unit Development
TABLE 156-A.1 District Allowed Uses
0
Use Category and Use Type
Reference:
Procedures for Site Plan Review X X
Procedures for Conditional Use Permits X X
Procedures for Planned Unit Developments
Procedures for Variances X X
Landscape and Tree Planing Requirements X X
Fences X X
Building Height Limits X X
Yards X X
Setbacks X X
Parking Requirements X X
Other Standards X X
Outside Storage X X
Shoreland Requirements X X
e(J New Uses
CITY OF CENTERVILLE
REQUEST FOR
COUNCIL ACTION Verville
Agenda Item# Department: Requested Council Meeting Date:
VIII.l.b Planning May 22, 2019
TITLE OF ISSUE:
Ord. 498 (Second Reading) Rezoning Certain Properties from B 1 Commercial to B2 Main Street Commercial
BACKGROUND AND SUPPLEMENTAL INFORMATION:
Background information was previously discussed in the memo from our
planners.
COST AND SOURCE(S) OF FUNDING:
N/A
REQUESTED COUNCIL ACTION:
Motion to approve Ordinance #98, Rezoning Certain Properties from B 1 Commercial to B2 Main Street
Commercial
For Clerk's Use:
SUPPORTED DOCUMENTS ATTACHED
Motion By:
Resolution Ordinance Contract Minutes Plan Map
Second By:
X X
Vote Record: Ave Nay
�� Lakso Other(specify) Planning Memo
Love
Paar
Koski
Montain
Administration Department Use:
Refer to:
Consent
Tabled Until:
Regular
Other:
CITY OF CENTERVILLE
ANOKA COUNTY,MINNESOTA
ORD.# SECOND SERIES
AN ORDIANCE REZONING CERTAIN PROPERTIES FROM B-I (COMMERCIAL) TO B-2
(MAIN STREET COMMERCIAL)
THE CITY COUNCIL OF THE CITY OF CENTERVILLE ORDAINS:
SECTION 1. City Code Chapter 156, the City's zoning ordinance,is hereby amended by rezoning
certain properties located within the City of Centerville, County of Anoka, State of Minnesota, and legally
described as:
Property ID#: R23-31-22-12-0006 (1801 Main Street)
LOT 1 BLOCK 1 JAMES COMMERCIAL ADD, SUBJ TO EASE OF REC
R23-31-22-12-0007 (1825 Main Street)
LOT 2 BLOCK 1 JAMES COMMERCIAL ADD
R23-31-22-12-0091 (1845 Main Street)
LOT 1 BLK 2 WEGLEITNERS ADDITION; EX RDS; SUBJ TO EASE OF
REC
R23-31-22-12-0092
LOT 1 BLK 3 WEGLEITNERS ADDITION; EX RDS; SUBJ TO EASE OF
REC
R23-31-22-12-0093 (1873 Main Street)
THAT PRT OF NW1/4 OF NE1/4 OF SEC 23 TWP 31 RGE 22 DESC AS FOL:
COM AT N1/4 COR OF SD SEC TH S 88 DEG 53 MIN 28 SEC E, ASSD
BRG, ALG N LINE OF SD 1/4 1/4 924.04 FT, TH S 00 DEG 33 MIN 15 SEC
W PRLL/WN-S 1/4 LINE OF SD SEC 1068.13 FT TO NE COR OF LOT 1
BLK 3 WEGLEITNERS ADD, TH S 00 DEG 33 MIN 15 SEC W ALG E LINE
OF SD LOT 149.87 FT&POB, TH S 88 DEG 46 MIN 47 SEC E 210.17 FT TO
E LINE OF W 208FT OF E 396 FT OF SD 1/4 1/4, TH S 00 DEG 28 MIN 50
SEC W ALG SD E LINE 200.16 FT TO S LINE OF SD 1/4 1/4, TH N 88 DEG
46 MIN 47 SEC W ALG SD S LINE 210.43 FT TO INTER/W SLY EXTN OF
E LINE OF SD LOT 1, TH N 00 DEG 33 MIN 15 SEC E ALG SD E LINE&
ITS SLY EXTN 250.02 FT TO POB, EX RDS, SUBJ TO EASE OF REC
R23-31-22-11-0004 (1969 Main Street)
THAT PRT OF S 183 FT OF E1/2 OF NE1/4 OF NE1/4 OF SEC 23 TWP 31
RGE 22 LYG WLY OF E 533 FT THEREOF, EX RD, SUBJ TO EASE OF
REC
R23-31-22-14-0026 (1970 Main Street)
LOT 2 BLOCK 2 CLEARWATER MEADOWS,EX RD, SUBJ TO EASE OF
REC
R23-31-22-11-0006 (1973 Main Street)
THE S 183 FT OF W 100 FT OF E 533 FT OF NE1/4 OF NE1/4 OF SEC 23
TWP 31 RGE 22, EX RD, SUBJ TO EASE OF REC
R23-31-22-11-0005 (1976 Main Street)
THE S 183 FT OF W 100 FT OF E 433 FT OF NE1/4 OF NE1/4 OF SEC 23
TWP 31 RGE 22, EX RD, SUBJ TO EASE OF REC
R23-31-22-11-0003 (1979 Main Street)
THE W 100 FT OF E 333 FT OF S 200 FT OF E1/2 OF NE1/4 OF NE1/4 OF
SEC 23 TWP 31 RGE 22, EX RD, SUBJ TO EASE OF REC
R23-31-22-14-0003 (1980 Main Street)
THAT PRT OF SE1/4 OF NE1/4 OF SEC 23 TWP 31 RGE 22 DESC AS FOL:
COM AT NW COR OF SD 1/4 1/4, TH S 89 DEG 19 MIN E ALG N LINE OF
SD 1/4 1/4 831.5 FT TO POB, TH CONT S 89 DEG 19 MIN E ALG SD N
LINE 125FT, TH S 214.3 FT , TH N 88 DEG 32 MIN W 125 FT, TH N 212.6
FT+OR- TO POB, EX RD, SUBJ TO EASE OF REC
R23-31-22-11-0002 (1981 Main Street)
THAT PRT OF E1/2 OF NE1/4 OF NE1/4 OF SEC 23 TWP 31 RGE 22 DESC
AS FOL: COM AT A PT 183 FT N OF SE COR THEREOF, TH W 133 FT TO
POB, TH S 150 FT, TH W 100 FT, TH N 150 FT, TH E 100 FT TO POB, EX
RD,SUBJ TO EASE OF REC
R23-31-22-14-0075 (1988 Main Street)
LOT 1 BLOCK 2 CLEARWATER MEADOWS , EX E 65 FT OF S 120 FT
THEREOF, EX RD SUBJ TO EASE OF REC
R23-31-22-14-0018 (1990 Main Street)
THAT PRT OF E 246.44 FT OF SE1/4 OF NE1/4 SEC 23 TWP 31 RGE 22
LYG NLY OF FOL DESC LINE: COM AT NE COR THEREOF, TH S ALG E
LINE THEREOF 310.89 FT TO POB, TH DEFL RT 90 DEG 58 MIN 246.48
FT+OR- TO WL1NE OF SD E 246.44 FT& THERE TERM; EX RD; SUBJ TO
EASE OF REC
R24-31-22-23-0008 (2030 Main Street)
LOT 4 BLOCK 1 INDUSTRIAL PARK
R24-31-22-23-0009 (2050 Main Street)
LOT 5 BLOCK 1 INDUSTRIAL PARK, EX RD, SUBJ TO EASE OF REC
R24-31-22-23-0010
LOT 6 BLOCK 1 INDUSTRIAL PARK EX RD, SUBJ TO EASE OF REC
R24-31-22-23-0005 (7090—20t'Avenue)
LOT 1 BLOCK 1 INDUSTRIAL PARK, EX RD, SUBJ TO EASE OF REC
R24-31-22-22-0215 (7105 —20'h Avenue)
TRACT A REG LAND SURVEY NO 195,EX RD, SUBJ TO EASE OF REC
R24-31-22-22-0002 (7140—20'h Avenue)
THAT PRT OF NW1/4 OF NW1/4 OF SEC 24 TWP 31 RGE 22 DESC AS
FOL: COM AT NW COR OF SD 1/4 1/4, TH S ALG W LINE THEREOF 766
FT TO POB, TH E PRLL/W N LINE OF SD 1/4 1/4 260 FT, TH S PRLL/W SD
W LINE 167.54 FT, TH W PRLL/W SD N LINE 260 FT TO SD W LINE, TH N
ALG SD W LINE TO POB, EX RD, SUBJ TO EASE OF REC
R24-31-22-23-0010
LOT 6 BLOCK 1 INDUSTRIAL PARK EX RD, SUBJ TO EASE OF REC
R24-31-22-23-0011 (7095 —21"Avenue)
LOT 7 BLK 1 INDUSTRIAL PARK SUBJ TO EASE OF REC
R24-31-22-22-0216 (7111 —2 1" Avenue)
TRACT B REG LAND SURVEY NO 195, EX RD, SUBJ TO EASE OF REC
SECTION 2. The Zoning Map of the City of Centerville referred to and described in Chapter 156 shall
not be republished to show the aforesaid rezoning,but the City Administrator or the City Administrator's
designee shall appropriately mark the Zoning Map on file in the City Administrator's office for the
purpose of indicating the rezoning provided for in this ordinance and all of the notations,references and
other information shown thereon are hereby incorporated by reference and made a part of this ordinance.
SECTION 3. This ordinance shall be effective immediately upon its passage and publication.
PASSED AND ADOPTED this day of May 2019,by the City Council of the City of Centerville.
Jeff Paar, Mayor
Attest:
Teresa Bender, City Clerk
CITY OF CENTERVILLE
REQUEST FOR
COUNCIL ACTION Verville
Agenda Item# Department: Requested Council Meeting Date:
VIII.2.a Planning & Zoning/Legal 05/22/2019
TITLE OF ISSUE:
Bay View Villas - Ordinance#99 Revised Conditional Use Permit for a Planned Unit Development
BACKGROUND AND SUPPLEMENTAL INFORMATION:
The Council previously approved a Conditional Use Permit for Bay View Villas. That Permit forbid the
construction of accessory structures, include pools.
Now, the Developer seeks to revise the Conditional Use Permit in order to have a pool on one lot. (The attached
Ordinance contains a full explanation of the reasons and findings of facts to support the revision.)
The requested revisions must be enacted by an Ordinance since the pervious Conditional Use Permit was also
adopted by an Ordinance. The revised CUP is attached to the Ordinance as an exhibit.
COST AND SOURCE(S) OF FUNDING:
No cost to the City. Costs are paid by the Developer, or reimbursed from an escrow paid by Developer.
REQUESTED COUNCIL ACTION:
Motion to adopt Ord. 499 as presented.
For Clerk's Use:
SUPPORTED DOCUMENTS ATTACHED
Motion By:
Resolution Ordinance Contract Minutes Plan Map
Second By:
#99
Vote Record: Ave Nay
�� Lakso Other(specify) The revised CUP is attached to the Ordinance
Love
0 Paar as an exhibit.
Koski
Montain
Administration Department Use:
Refer to:
Consent
Tabled Until:
Regular
Other:
CITY OF CENTERVILLE
COUNTY OF ANOKA
STATE OF MINNESOTA
ORD 499, SECOND SERIES
AN ORDINANCE OF THE CITY COUNCIL OF CENTERVILLE, MINNESOTA,
APPROVING A REVISED CONDTIONAL USE PERMIT
FOR THE BAY VIEW VILLAS
WHEREAS, RICHARD A. DEFOE AND KARNA J. DEFOE, ("Applicant"), are the fee owners
of these"Subject Parcels" as legally described in the Plat, BAY VIEW VILLAS.
WHEREAS, at its meeting on October 24, 2018, City Council of the City of Centerville,
Minnesota, adopted findings of fact, and approved a Planned Unit Development and Conditional
Use Permit for the Plat "Bay View Villas."
WHEREAS & THEREAFTER, the Applicant petitioned the Planning and Zoning Commission
to recommend a revision to the Conditional Use Permit allowing large parcels with a principal
residential structure to have pools.
WHEREAS, the Planning and Zoning Commission neither recommended nor denied the
Applicant's requested revision to the Conditional Use Permit to include pools. During discussion
before the Commission, Applicant limited his request for a pool to a single, 24,000 square foot
lot. The Commission made no findings on this requested revision.
WHEREAS, Applicant now petitions the City Council for a revision of the Conditional Use
Permit to allow a pool on any parcel larger than 20,000 square feet that also contains a principal
residential structure.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Centerville,
Minnesota, that it adopts findings of fact related to the requested revisions of the land use
applications for the Subject Parcels, and DOES ORDAIN the adoption of the requested revision
of the Conditional Use Permit for the Plat"Bay View Villas" as follows:
FINDINGS OF FACT:
1. The Planned Unit Development for the Bay View Villas Plat relaxed lot sizes to afford
the Developer a greater number of lots for development. This was accomplished by
allowing narrower lots than normally allowed by the relevant performance standards. The
Planning and Zoning Commission found a compromise between allowing narrower lots
but not allowing accessory structures on those lots. The Commission felt accessory
structures on those smaller lots would look cluttered and take up green space relative to a
normal width lot. The Commission and City Council adopted a Conditional Use Permit
barring all accessory structures from residential lots on the Bay View Villas Plat. The
City regulates pools as an accessory structure.
2. With one exception, the residential lots on the Bay View Villas Plat are 10,000 to 14,000
square feet. One residential lot on the Plat (Block 1, Lot 1)is approximately 24,000
square feet. The Developer now asks the Council for permission to remove the accessory
structure restriction only as it relates to constructing a pool on that 24,000 square foot lot.
Because of its large size, this is the only residential lot on the Plat where a pool would not
make the yard look cluttered or take up an abnormally large amount of the remaining
green space on the lot.
3. Pools must meet all relevant legal requirements.
ORDINANCE REVISION:
A. The Planned Unit Development and Conditional Use Permit governing the Plat for Bay
View Villas shall be revised such that within Block 1 of the Plat, no lot may contain an
accessory structure or water-oriented accessory structure except that a pool may be
constructed on a lot larger than 20,000 square feet, which also contains a residential
principal structure. Such pools must meet all other legal requirements.
B. The revised language is contained in the Conditional Use Permit, attached to this
Ordinance as Exhibit A.
Effective Date. This ordinance shall be effective immediately upon its passage and publication.
PASSED AND DULY ADOPTED this 22nd day of May 2019 by the City Council of the
City of Centerville.
Jeff Paar, Mayor
Attest:
Mark Statz, City Administrator
EXHIBIT A
Revised Conditional Use Permit
CITY OF CENTERVILLE
ANOKA COUNTY, MINNESOTA
APPROVAL OF
PLANNDED UNIT DEVELOPMENT
AND
CONDITIONAL USE PERMIT
Subject to the terms and conditions set forth herein, the City of Centerville hereby
grants approval of a PLANNED UNIT DEVELOPMENT and CONDITIONAL USE
PERMIT ("Permit") to the "Subject Parcel"legally described as:
BAY VIEW VILLAS Plat located in the City of Centerville, County of
Anoka County, and the State of Minnesota; with the exception that this
permit shall not apply to LOT 10, BLOCK 1, of the BAY VIEW VILLAS
Plat.
The Parties agree that this Permit shall run with the land, and enjoins the City, the
Subject Parcel, and the landowner to the terms and condition stated here. The Ordinances
of the City of Centerville govern the Subject Parcel and the landowner. The City Council
authorized a Planned Unit Development for the Subject Parcel in which it granted
variances from those Ordinances in force on the date of this Permit, and imposed the
condition stated below. Any conflict between those Ordinances and the variances or
conditions authorized by this Permit shall be construed in favor of enforcing the City's
Ordinances. After the date of this Permit, the variances and conditions created by this
Permit create lawful, nonconformity within the Subject Parcel.
This Permit dictates the following variances and conditions that apply to the Subject
Parcel:
1. Planned Unit Development, Limitations. At the request of the Landowner, the
City approved a Planned Unit Development of the Subject Parcel. This Planned
Unit Development granted the Subject Parcel variances from a variety of State
and City zoning and performance standards. Given the grant of those variances,
Page 1 of 8
Draft version for Council Packet 05/22/2019
the Subject Parcel, in perpetuity, must not exceed the applicable zoning and
performance standards except for those variances explicitly stated herein. Any
future application for a variance, conditional use permit or interim use permit for
the Subject Parcel renders void the instant Conditional Use Permit.
2. Zoning Exceptions. Except as specifically stated herein, the law governing the
underlying zoning district and overlay district apply to the Subject Parcel.
3. Permit Recording. This Permit is valid upon recording the Plat of Bay View
Villas. Any re-plat of areas covered by this permit shall necessitate a modification
to this Permit. Conversely, the Final Plat of Bay View Villas shall not be valid
unless this Permit has been recorded in immediate priority to the Plat.
4. Home Owners Association. Each lot on the Subject Parcel shall be encumbered
with a covenant requiring the parcel be subject to the governance of a Home
Owners Association ("HOA"). The HOA shall operate perpetually, and its costs
and functions shall operate at no cost to the City; and covenants protecting the
perpetual operation of the HOA shall be approved by the City and then recorded
with Anoka County in priority to any lien, mortgage or another financial
instrument. The HOA shall enforce the conditions of this Permit within the
Subject Parcel.
5. Square Foot Minimums. Those requirements of the City Code of Ordinances
mandating lots sizes with minimum square foot requirements have been changed
pursuant to the Planned Unit Development for Bay View Villas. The lots sizes are
now defined by the Plat for Bay View Villas and as set forth by the dimensional
changes defined in this Permit.
6. Street Width Minimums. Those requirements of the City Code of Ordinances
mandating the width of public streets have been changed pursuant to the Planned
Unit Development for Bay View Villas. The street width is now defined by the
Plat for Bay View Villas.
7. Setbacks, Defined. All setbacks set forth in this Permit shall have the same
meaning and effect as setbacks defined in the City Code of Ordinances except
where the distances have been changed pursuant to the Planned Unit
Development for Bay View Villas. Those impacted setback distances are now
defined as set forth by the dimensional changes defined in this Permit.
8. Block 1. The following variances and conditions shall apply to land within Block
1 of the Bay View Villas Plat:
a. The front setback shall be 15 feet.
b. For those lots abutting County State Aid Highway 14, the setback shall be
30 feet from the right-of-way for County State Aid Highway 14.
c. The side setback shall be 7.5 feet from the property line on the side of a
parcel.
d. The rear setback shall be 50 feet from the Ordinary High Water Level.
e. No lot may contain an accessory structure or water-oriented accessory
structure except that a pool may be constructed on a lot larger than
20,000 square feet, which also contains a residential principal structure.
Such pools must meet all other legal requirements.
9. Block 2. The following variances and conditions shall apply to land within Block
2 of the Bay View Villas Plat:
Page 2 of 8
Draft version for Council Packet 05/22/2019
a. The front setback shall be 10 feet.
b. For those lots abutting County State Aid Highway 14, the setback shall be
30 feet from the right-of-way for County State Aid Highway 14.
c. The side setback shall be 6 feet from the property line on the side of a
parcel.
d. No lot may contain an accessory structure or water-oriented accessory
structure.
10. Outlot A. The following variances and conditions shall apply to land within
Outlot A of the Bay View Villas Plat:
a. The purpose of Outlot A is to create an open space with maintained,
decorative landscaping and sod, and with the optional purpose of
containing an entrance monument. This lot may not be subdivided or
developed.
b. No structures or accessory structures may be located in Outlot A with the
exception of an entrance monument. Plans for an entrance monument and
placement of the monument must be approved by the City.
c. Outlot A shall be governed and maintained by a Home Owners
Association as set forth herein.
d. There shall be no setback for a driveway from the southern boundary of
Outlot A.
11. Outlot B. The following variances and conditions shall apply to land within
Outlot B of the Bay View Villas Plat:
a. The purpose of Outlot B is to create an open space with two watercraft
docks and trails to access the docks. The open space shall have
maintained, decorative landscaping and sod. This lot may not be
subdivided or developed.
b. No primary structure may be located in Outlot B with the exception of a
water-oriented accessory structure or such other accessory structure as
may be authorized by law. Plans for any structure must be approved by the
City. The City may authorize encroachment on easements in this Outlot
upon application to the City Council.
c. Outlot B shall be governed and maintained by a Home Owners
Association as set forth herein.
12. Lot 10, Block 2. The following conditions shall apply to land within Lot 10,
Block 2 of the Bay View Villas Plat:
a. The purpose of Lot 10, Block 2 is to create an open space with maintained,
decorative landscaping. This lot may not be subdivided or developed.
b. No structures or accessory structures shall be located on this lot.
c. Lot 10, Block 2 shall be governed and maintained by a Home Owners
Association as set forth herein.
13. Right-of-Way Maintenance. The Home Owners Association shall maintain any
portion of a right-of-way adjacent to the Plat, Outlot A, Outlot B, Lot 10, Block 2,
or such other area that is not otherwise maintained by a privately owned lot.
14. Watercraft Docks
a. Block 1 docks. Each parcel in Block 1 may have a single dock. Each dock
may have no more than two slips for docking a single watercraft in each
Page 3 of 8
Draft version for Council Packet 05/22/2019
slip. Each of these docks is exclusively for the use and enjoyment of
residents living at each respective parcel. Watercraft regularly moored in
those slips must be registered at the address where the dock is located.
b. Block 2 docks. The Home Owners Association may construct and
maintain no more than two docks on Outlot B. Each dock may have no
more than two slips for docking a single watercraft in each slip. These
docks are exclusively for the use and enjoyment of residents living in
Block 2. Watercraft regularly moored in those slips must be registered to
an address in Block 2.
c. All docks and slips shall be constructed according law and the regulations
of the Minnesota Department of Natural Resources.
15. Shoreline Preservation. The shoreline will be preserved by designating a swath of
land defined by a drainage and utility easement as shown on the Plat with a
minimum width of 30-feet the Ordinary High Water Level of Centerville Lake
across the lakeside of Lots 1 — 9, Block 1 and Outlot B of the Plat. This area is
covered by a drainage and utility easement on the Plat and this easement shall be
construed to allow access to the City for the purposes of inspecting and
enforcement of maintenance of the area in accordance with the approved
Landscape Plan. The landscaping and construction of this area must follow said
Plan and the area must be maintained in perpetuity by the Home Owners
Association in such a way as to preserve the initial intent of said Plan. Grass
clippings must be bagged or blown in the opposite direction of the lake and no
fertilizer may be used after initial turf establishment.
16. The Landscape Plan, attached as Exhibit A. The Landscape Plan governs all
parcels subject to this Permit. That Plan shall be perpetually implemented and
maintained. The Home Owners Association shall maintain all commonly-owned
properties in a manner conforming to the Landscape Plan. The Home Owners
Association shall enforce the maintenance of the Landscape Plan on private
property under the control and governance of the Association. Any alteration to
the Landscape Plan shall be signed by a Landscape Architect registered in the
State of Minnesota, subsequently approved by the City, and thereafter must be
recorded as an addendum to this Conditional Use Permit.
17. Stormwater Management. The Home Owners Association shall maintain all
stormwater ponds and facilities on all commonly-owned property. The Home
Owners Association shall enforce the maintenance of stormwater ponds and
facilities on private property under the control and governance of the Association.
18. The Subject Parcel shall meet and abide by the applicable standards,
requirements, permits or licenses of the City of Centerville, Rice Creek
Watershed District, Anoka County, Army Corp of Engineers, Federal Emergency
Management Agency, Minnesota Pollution Control Agency, Minnesota
Department of Health, Environmental Protection Agency, or their antecedent
agency, and any other agency having jurisdiction over the property and business
activities that are taking place on said property.
19. The City may annually review this permit for of review of measures imposed to
manage stormwater or shoreline preservation, or for other unforeseen conditions
on the Subject Parcel. The City may change conditions or add conditions to this
Page 4 of 8
Draft version for Council Packet 05/22/2019
Permit to improve unforeseen problems. Imposition of additional conditions to
this Permit requires a public hearing with notice to the impacted landowner(s) and
Home Owners Association, who shall authorize the City to record such changes
or additions as an addendum to this Permit. Covenants shall be recorded against
each parcel granting the City the powers enumerated in this paragraph.
20. Intentional violation of the Permit is a misdemeanor punishable by a fine or jail in
the maximum amount allowed by law.
21. Each infraction of the Permit requiring remediation cannot easily be quantified by
a civil penalty. Therefore, in the event of an infraction of this Permit, liquidated
civil penalties, as a form of remediation, shall be no less than $1,000.
22. Each right, power or remedy herein conferred upon the City by this Permit is
cumulative and in addition to every other right, power or remedy, express or
implied, now or hereafter arising, available to City, at law or in equity, or under
any other agreement or permit, and each and every right, power and remedy
herein set forth or otherwise so existing may be exercised from time to time as
often and in such order as may be deemed expedient by the City and shall not be a
waiver of the right to exercise at any time thereafter any other right, power or
remedy.
FOR THE CITY OF CENTERVILLE
BY:
Jeff Paar, Mayor
Attest:
Teresa Bender, City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF ANOKA )
The foregoing was acknowledged before me this day of 2019.
by Jeff Paar, Mayor, and Teresa Bender, Clerk, of the City of Centerville, a Minnesota
municipal corporation, on behalf of the corporation and pursuant to authority granted by
its City Council.
Notary Public
Page 5 of 8
Draft version for Council Packet 05/22/2019
FOR THE GRANTEE& LANDOWNER:
BAYVIEW VILLAS, L.L.C.
By:
Richard A. DeFoe
Its:
STATE OF MINNESOTA )
) ss.
COUNTY OF ANOKA )
The foregoing instrument was acknowledged before me this day of
2019, by Richard A. DeFoe, for Bayview Villas, L.L.C., its
Notary Public
Page 6 of 8
Draft version for Council Packet 05/22/2019
RICHARD AND KARNA DEFOE
By:
Richard A. DeFoe
By:
Kama J. DeFoe
STATE OF MINNESOTA )
ss.
COUNTY OF ANOKA )
The foregoing instrument was acknowledged before me this day of
2019, by Richard A. DeFoe, and Kama J. DeFoe.
Notary Public
Drafted by:
Kurt B. Glaser, City Attorney
Smith & Glaser, LLC
333 Washington Avenue, Suite 405
Minneapolis, MN 55401
612-333-6513
KurtGlaser@GlaserLaw.net
Page 7 of 8
Draft version for Council Packet 05/22/2019
CONDITIONAL USE PERMIT
EXHIBIT A
LANDSCAPE PLAN
\� STRATEGY TO DEMARCATE THE PRIVATE
DOCK ACCESS TRAIL FROM THE REGIONAL \`\
rn - TRAIL TO BE DETERMINED IN FIELD BY / raoascr:
x� - OWNER WITH—APPROVAL,AND ` �YV EW VtlAS
EX WETLAND '^Aw / -. OMPLETEDBEF RE PROJECT CLQSE-OUT MN 55432
VEGETATION TO '^t GARAGE/DRNEWAV - -- �w GENIERG'E
REMAINTYP. "' RETAINING WALL SUBJECT TO -
CHANGE SEE ONGINEER'S PLAN
CANOE KAYAK RACK >,,, MAIN STREET(CSAH 14)
(OPTIONAL UPGRADE R a««r:\ LAKE ACCESS/LANDSCAPE UPGRADES:
BY H OA.) 1 FGIONq DOCK ACCESS TRAIL SEE i. HOA.I HOMEOWNER OPTIONAL UPGRADES NOTED R2665 MIN STREET
tRgIL ENGINEER'S PLAN CENTERE 5432
DOCKS
w ON PLAN TO BE DESIGNED BY OTHERS.
UPGRADE BY IT0 I .„,,. 2. PRIOR TO ANY SHORELINE ALTERATIONS(DOCKS, ux aurc
UPGRADE BYHOA_] L - ,.„v "tea REGIONAL TRAIL SANDBECHES RPRAP )THEOWNER, u
SOD/ _ _ BUILDER OR IT A.TO CONTACT THE MNDNR � y
AREA HYDROLOGIST FOR GUIDELINES ON DESIGN SL I'S.,
AND CONSTRUCTION _ (�1)653
PLAY EQUIPMENT AREA � ,,p[[[� -/e/ 1 ��✓ti � — � mrmer�s
0273
(OPTION AL UPGRADE BY %'// /an I - / \ �3. THE SUM OF ANY OPTIONAL UPGRADES ONA� wrvws mmetaesgn com m
KEY T / / / r WIOTHOFTHE LOTSSFOREUNE3 of mtioTA
EXISTING WETLAND PICNIC TABLE /. / / _.,. w/ 1 _ DESIGN OF ANY OPTIONAL UPGRADESSHOULD 1(`
VEGETATION (OPTIONAL UPGRADE / �ON / l / I/ / 4 STRIVE TO DIRECT RUNOFF FROM IMPROVEMENTS
THROUGH THE SHORELINE BUFFER PLANTING.
SnUntLin t nuErtn 1 Is SOD `. / { 3 5. DESIGN OF ANY OPTIONAL UPGRADES TO
PLANTING BOS.IS ORDINARY MAN A UISNUP HtU"NAG
y �� SWgLE AS LAID OUT ON THE ENGINEERS GRADING
J
HIGHWATER LEVEL\ ` \ I I �— � &DRAINAGE PLAIN a
RIPRAP WETLAND EDGE \ ^ � 2
PERMIT NOTES �i' SOD
PLANT LIST 1. OWNERTOCONTACT-131— /NGB
SHOREL BUFFERPLANTING FOR POTENTIAL PERMITS
ear a.�xI�NE r D HDRF F
.„� N� N_� LN RIP ,
SHORELINE PLANTING NOTES .,. soD �/' / �'/VF V
a 1 INSTALL 30Yo NATIVE SEDGES AND GRASSEG
1 4 /\ �" o
"dxa 2F%WILDFLOWERS SELECT FROM SHORELINE
BUFFER PLANT LIST. SAND BEACH TYP
sn a NSTnLL WET MEs c sPEC1Es cLosE[To ( L V /
sass LAKE TRANAIT10NTO MESIC DRY SPECIES AS BY HOMEOWNER)
sn YOU MOVE UP SLOPE
WET -v
3 INSTALL LARGE DRIFT DRIFTS(1224 EA)OF SINGLE s ' -3>)D L i
\�
SPECIES. LAWN AT SHORELINE(10 MAX
wawaPTH WIDTH)TYP(OPTIONAL
4 INSTALLMIXTUREOFSHORTER SPEGIEG / " .�nc�
_ UPGRADE BY HOMEOWNER)ALONG THE LAWN EDGE ABEFT
W«m. THE BUFFER
'« 5 SIZEIROOT.3 OR4 CONTAINER
nor"er SANDBEAC WITH TWIN 18 -
6 SPACING-18 OC.
LIMESTONE RETAINING
o rama / MULCH A`DEPTH SHREDDED HARDWOOD
3. IN AREAS WITH NO RIPRAP USE EROSION (OPTIONAL UPGRADE BY
Saxe HOMEOWNER)
m - rvME ANuwlrc w u4 T
oAa rvttuto_ l' LAKE
x
IAL a.
I YEAR MAINTENANCE PLAN �L 8 '
10.SEE PERENN PLANTING DETAIL AND CEN TER VILLL : 2 l
« TALLGRASS&WILDFLOWER ESTABLISHMENTf/i ..:
NOTES SHEET L4. RIPRAP TYP. oa L
RIPRAP NOTES - - - -- - - - y, - "G
aa�«
fr
(PLANT SCHEDULE 1. RIPRAP TO EXTEND THE LENGTH OF SHORELINE LOTS 39 (
SEPARATE FROM
NAeNWITH PLANTING Lors 1-9, Sol
(OPTIONAL UPGRADE DESIGN,
HOMEOWNER LOTS iAL SEPARATE FROM LAWN WITH EDGER TVP. \ meazwsa
COMMON DOCK AREA 2. CONTRACTOR TO APTHAN FURNISH, MN INSTALL GUI OPTIONAL SEEDING STA SEE LISHMENT NOT §
SHORELINE RIPRAP THAT MEETS THE MNDNR GUIDELINES WILDFLOWER ESTABLISHMENT NOTES SHEET
SHORELINE LOTS I9 c� YEARS EXPERIENCEODESIGNING AND IN WITH
STALLINGOSYSTEMS ROCDKI OUTCROPPING, TIONALNPLANTINGiNG��
WORK TO BE PERFORMED BYACONTRACTOR e
T. Ott coo[Borax cALlcomMOx xaMes sEIE ROOT RB -.OF SIMIIAR SCOPE ANDSIZE (OPTIONAL UPGRADE BY HOMEOWNER)
'ONT OFLLD OPLLN« DT 0N� PRx aNDINP P
I To DETERMINE DIMENSIONS AND DEPTH OF RIPRAP. 1\ (OPTIONAL UPGRADE BY ,
RIPRAP TO BE NO MORE THAN 6'WATER—RD OF THE \ HOMEOWNER)
3 1 ETe'sx" a r. WORDINARY HIGH-ATER LEVEL ASALLOWED BY MNDNR J
+i xusl «« eae 5_ RIPRAP MATERIAL TO BE WASHED FIELD FINE DER ) DOCK TVP.(OPTIONAL \
FREE OF DIRT AND DEBRIS.CONTRACTOR To DETERMINED\ UPGRADE BY HOMEOWNER)
STAY WITHIN MNDNR ALLOWABLE RANGE OF 630"CIA.AN /l \
NOTES: 6. PREPARE SHORELINE FORRIPRAP:GRADEANDCOMPACT 1 s«HDRE.
1 SEE PLANTING DETAILS&LANDSCAPE SPECIFICALONSSHEETL4 SLOPE MAINTAIN 3:I OR LESS.PLACE HEAVY DUTY t 1UII SHORELINE 1,COMMON DOCK LANDSCAPE PLAN SHORELINES
v L GEOTEXTILE FILTER FABRIC WITH SEAMS OVERLAPPED �/O is ;o so LANDSCAPE EMO OPLAN
2 TREES OUTSIDE OF HOME LOT LICK
NES T08E INSTALLED PRIOR TO PROJECT MIN.12"ANDANCHOREDWITHSTAPLES.COVERFILTER I
l CLOSED 'SHOW LOU NSIALL ID FABRIC WITH 6"OF GRADED GRAVEL FREE OF DIRT AND
1\ ATTIMEOF HOMECONSTRUCTION DEBRIS. ��
CT_ RIPRAP TO BE MAINTAINED ANNUALLY TO PREVENT \
�^ l EROSION
NOTE BASE MAP PRODUCED USING CIVIL DRAWINGS FROM PLOWE ENGINEERING,INC.\_
Page 8 of 8
Draft version for Council Packet 05/22/2019
CITY OF CENTERVILLE
REQUEST FOR
COUNCIL ACTION Verville
Agenda Item# Department: Requested Council Meeting Date:
VIII.2.b Planning & Zoning/Legal 05/22/2019
TITLE OF ISSUE:
Bay View Villas - Home Owners Association
BACKGROUND AND SUPPLEMENTAL INFORMATION:
The Development Agreement requires the creation of a Home Owners Association ("HOA"). The City's goal
for requiring an HOA is to ensure the residents of a development perpetually maintain their common open
spaces -not the City. Historically, when Developments or HOA fail, the City ends up owning outlots,
marshlands, or monument signs. The HOA for Bayview allows the City to collect its operating costs and lost
tax revenue from the residents in Bayview should the Bayview HOA fail to maintain their common lots or let
them go into tax forfeiture. (Section 19 of the Agreement is the section that pertains to the City's rights. The
remaining portions of that document do not pertain to City business.)
This could be a new model for future developments in the City that use a HOA.
COST AND SOURCE(S) OF FUNDING:
No cost to the City. Costs are paid by the Developer or Residents through reimbursment.
REQUESTED COUNCIL ACTION:
No action at this time.
Formal approval will occuring as part of the next Agenda item approving the revised Development Agreement.
For Clerk's Use:
SUPPORTED DOCUMENTS ATTACHED
Motion By:
Resolution Ordinance Contract Minutes Plan Map
Second By:
Vote Record: Ave Nay
�� Lakso Other(specify) Declaration of Home Owners Association
Love
Paar
Koski
Montain
Administration Department Use:
Refer to:
Consent
Tabled Until:
Regular
Other:
DECLARATION OF
COVENANTS, CONDITIONS,AND RESTRICTIONS
FOR
BAYVIEW VILLAS
THIS DECLARATION is made in the County of Anoka, State of Minnesota, on this
day of May 2019, by Bayview Villas, LLC, a Minnesota limited liability company, (the
"Declarant"), for the purposes of creating Bayview Villas, a planned community.
WHEREAS, Declarant is the owner of that real property located in Anoka County,
Minnesota, legally described on Exhibit A, attached hereto (the "Property"), and
WHEREAS, Declarant desires to establish on the Property a plan for a permanent
residential community to be owned, occupied and operated for the use, health, safety and welfare
of its resident Owners and Occupants, and for the purpose of preserving the value, the structural
quality, and the original architectural and aesthetic character of the Property, and
WHEREAS, Bayview Villas is not subject to the Common Interest Ownership Act
("MCIOA"), Chapter 515B of the Minnesota Statutes. Bayview Villas is exempt from MCIOA
pursuant to Minn. Stat. §515B.1-102(e)(2), because the Units consist solely of separate parcels of
real estate designed or utilized for detached single family dwellings, and the Association has no
obligation to maintain any building containing a dwelling or any agricultural building, and the
Declarant has not elected to subject the Property to MCIOA.
WHEREAS, the Property is not subject to an ordinance referred to in Section 51513.1-
106 of MCIOA, governing conversions of common interest ownership, and
WHEREAS, the Property is not subject to a Master Association as defined in MCIOA.
WHEREAS, the Property does include Shoreland, as that term is defined in Minn. Stat.
§10317.205.
Version for Council 05/22/2019
THEREFORE, Declarant hereby declares that this Declaration shall constitute
covenants to run with the Property described herein, and that the Property shall be owned, used,
occupied and conveyed subject to the covenants, restrictions, easements, charges and liens set
forth herein, which are for the purpose of protecting the value and desirability of and shall run
with the Property, and shall be binding upon all persons owning or acquiring any right, title or
interest in the Property, and their heirs, personal representatives, successors and assigns, and
shall inure to the benefit of each owner thereof.
SECTION 1
DEFINITIONS
The following words when used in the Governing Documents shall have the following
meanings (unless the context indicates otherwise):
1.1 "Additional Property" shall mean and refer to that certain real property legally
described on Exhibit B of this Declaration.
1.2 "Assessment" shall mean and refer to any assessment for Common Expenses,
determined by the Board, and levied by the Association, pursuant to the
Governing Documents.
1.3 "Association" shall mean Bayview Villas Homeowners' Association, a nonprofit
corporation which has been created pursuant to Chapter 317A of the laws of the
State of Minnesota.
1.4 "Board" shall mean the Board of Directors of the Association as provided for in
the Bylaws.
1.5 `Bylaws" shall mean the Bylaws governing the operation of the Association, as
amended from time to time.
1.6 "City„ shall mean the City of Centerville, a Minnesota municipal corporation.
1.7 "Common Elements" shall be owned by the Association for the common benefit
of the Owners and Occupants. The Common Elements include that real property
identified as Common Elements on Exhibit A, attached hereto, and all
Improvements located thereon, and are further described in Section 3.1, below.
1.8 "Common Expense" shall mean and include all expenditures made or liabilities
incurred by or on behalf of the Association and incident to its operation, including
without limitation allocations to reserves and those items specifically identified as
Common Expenses in the Declaration or Bylaws.
1.9 "Declarant Control Period" shall mean the period commencing upon the filing of
this Declaration and continuing until the earlier of. (i) the date Declarant no longer
owns any Unit; (ii) the date Declarant voluntarily turns over control of the
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Association to the Owners; or (iii) the date on or after the fifth (5th) anniversary of
the recording of this Declaration, provided the Declarant may retain architectural
control over its Units beyond the period of Declarant Control, as long as it owns a
Unit.
1.10 "Dwel in2" shall mean a building designed and intended for occupancy as a
single family residence, and located within the boundaries of a Unit. The
Dwelling includes any garage attached thereto or otherwise within the boundaries
of the Unit in which the Dwelling is located.
1.11 "Eligible Mortmee" shall mean any Person owning a mortgage on any Unit,
which mortgage is first in priority upon foreclosure to all other mortgages that
encumber such Unit, and which has requested the Association, in writing, to
notify it regarding any proposed action which requires approval by a specified
percentage of Eligible Mortgagees.
1.12 "Governing Documents" shall mean this Declaration, and the Articles of
Incorporation of the Association, Bylaws of the Association and Rules and
Regulations of the Association, as amended from time to time, all of which shall
govern the use and operation of the Property.
1.13 "Homebuilder" shall mean and refer to a licensed residential building contractor
approved by Declarant, who has purchased one or more Units for purposes of
resale of the Unit containing a completed Dwelling, and not for personal use by
the contractor.
1.14 "Improvement" shall mean and refer to all structures or improvements of any
kind located on the Property, including without limitation any building, wall,
fence, sign, shed, screen enclosure or screening, utilities system, communications
system, security system, driveway, roadway decorative structure, planting,
landscape, grading or any other type of structure or physical improvement
whether the purpose is decorative or otherwise and any additions or changes
thereto.
1.15 "Irrigation System" shall mean and refer to a shared community landscape
irrigation system, located on the Common Elements and within the Irrigation
Easement, that may service the Units and the Common Elements, and which may
include, but is not limited to, wells, pumps, filtrations systems, electrical power,
housing, irrigation lines, and sprinkler heads.
1.16 "Limited Assessment" shall mean and refer to an Assessment levied by the
Association against fewer than all of the Units in the Association pursuant to
Section 6.1, below.
1.17 "Limited Common Elements" Limited Common Elements include: 1) portions
of the Common Elements that are designated for the exclusive use of the Unit
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Owners of the Unit or Units to which the Limited Common Elements are
allocated, and 2) fixtures or Improvements located wholly or partially outside a
Unit's boundaries, that serve one or more but fewer than all of the Units, and shall
be allocated solely to the Unit or Units served. Limited Common Elements are
subject to the rights granted to the Association herein or in a separate recorded
easement, including the Association's right to improve, inspect, use, repair,
replace, maintain and regulate. The Limited Common Elements are further
described in Section 3.2, below.
1.18 "Member" shall mean all Persons who are members of the Association by virtue
of being Owners as defined in this Declaration. The words "Owner" and
"Member" may be used interchangeably in the Governing Documents.
1.19 "Occupant" shall mean any Person or Persons, other than an Owner, in
possession of or residing in a Unit.
1.20 "Owner" shall mean and refer to the record owner, whether one or more persons
or entities, of the fee simple title to any Unit except that if(i) a Unit is being sold
in a contract for deed, (ii) the contract vendee is in possession of the Unit and (iii)
the contract so provides, then the vendee and not the vendor shall be deemed the
"Owner".
1.21 "Person" shall mean a natural individual, corporation, limited liability company,
partnership, trustee, other or legal entity capable of holding title to real property.
1.22 "Plat" shall mean the plat of Bay View Villas, recorded in the offices of the
County Recorder or Registrar of Titles, Anoka County, Minnesota, and any
amendments, supplements and additions thereto, and replats thereof.
1.23 "Property" shall mean all of the real property submitted to this Declaration,
which is legally described on Exhibit A, attached hereto, and including the
Dwellings and all other structures and Improvements located thereon now or in
the future.
1.24 "Rules and Regulations" shall mean the Rules and Regulations of the
Association as approved from time to time pursuant to Section 5.6.
1.25 "Special Assessment" shall mean and refer to an Assessment levied against the
Units in accordance with Section 6.3 of this Declaration.
1.26 "Special Declarant Rights" means rights reserved in the Declaration for the
benefit of a Declarant to: (i) complete Improvements indicated on the Plat;
(ii) subdivide Units or convert Units into Common Elements, Limited Common
Elements and/or Units; (iii) maintain sales offices, management offices, signs
advertising the Property, and model homes; (iv)use easements through the
Common Elements for the purpose of making Improvements within the Property;
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(v) merge or consolidate a planned community with another planned community
of the same form of ownership; (vi) appoint and remove the members of the
Architectural Control Committee; (vii) appoint or remove any officer or director
of the Association during the Declarant Control Period; and (viii) add additional
real estate to this planned community.
1.27 "Unit" shall mean any platted lot subject to this Declaration upon which a
Dwelling is located or intended to be located, as shown on the Plat, including all
Improvements thereon, except Limited Common Elements, as defined herein, if
any.
SECTION 2
DESCRIPTION OF UNITS AND APPURTENANCES
2.1 Units. There are eighteen (18) single Units, all of which are restricted exclusively
to residential use. Each Unit constitutes a separate parcel of real estate. No
additional Units may be created by the subdivision or conversion of Units, except
as allowed in Section 15, below. The Unit identifiers and locations of the Units
are as shown on the Plat, which is incorporated herein by reference, and a list of
the Units is set forth on Exhibit A. The Unit identifier for a Unit shall be its lot
and block numbers and the subdivision name.
a. Lots 1 — 9, Block 1, Bay View Villas, Anoka County, Minnesota are located
along the shoreline of Centerville Lake, and shall sometimes be referred to
herein as the"Lakeshore Units"; and
b. Lots 1 — 9, Block 2, Bay View Villas, Anoka County, Minnesota are not
located along the shoreline of Centerville Lake, and shall sometimes be
referred to herein as the "Upland Units".
2.2 Unit Boundaries. The front, rear and side boundaries of each Unit shall be the
boundary lines of the platted lot upon which the Dwelling is located or intended to
be located as shown on the Plat. The Units shall have no upper or lower
boundaries. However, a Unit may be subject to one or more easements running in
favor of the Association, if set forth herein or otherwise properly recorded against
the Unit.
2.3 Use and Enioyment Easements. Each Unit shall be the beneficiary of
appurtenant easements for use and enjoyment on and across the Common
Elements, and for use and enjoyment of any Limited Common Elements allocated
to the Unit, subject to any restrictions authorized by this Declaration.
2.4 Utility and Maintenance Easements. Each Unit shall be subject to and shall be
the beneficiary of appurtenant easements for all services and utilities servicing the
Units and the Common Elements, and for maintenance, repair and replacement as
described in Section 12.
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2.5 Recorded Easements. The Property shall be subject to such other easements as
may be recorded against it or otherwise shown on the Plat.
2.6. Easements are Appurtenant. All easements and similar rights burdening or
benefitting a Unit or any other part of the Property shall be appurtenant thereto,
and shall be permanent, subject only to termination in accordance with the terms
of the easement. Any recorded easement benefitting or burdening the Property
shall be construed in a manner consistent with, and not in conflict with, the
easements created by this Declaration.
2.7 Impairment Prohibited. No person shall materially restrict or impair any
easement benefitting or burdening the Property; subject to the Declaration and the
right of the Association to impose reasonable Rules and Regulations governing
the use of the Property.
2.8 Benefit of Easements. All easements benefitting a Unit shall benefit the Owners
and Occupants of the Unit, and their families and guests. However, an Owner
who has delegated the right to occupy the Unit to an Occupant or Occupants,
whether by a lease or otherwise, does not have the use and other easement rights
in the Property during such delegated occupancy, except as a guest of an Owner
or Occupant or in connection with the inspection of the Unit or recovery of
possession of the Unit from the Occupant pursuant to law.
2.9 Irrigation System Easement. Each Unit shall be subject to an easement lying
over, under and across said Unit, in favor of the Association, for the purpose of
construction, reconstruction, use, inspection, maintenance, repair and replacement
of the Irrigation System, as defined above.
2.10 Retaining Wall Easement. Lot 1, Block 1, Bay View Villas, Anoka County,
Minnesota, shall be subject to an easement in favor of the Association for the
purpose of access to the retaining wall located on or near the north lot line, to
inspect, improve, repair, replace and maintain said retaining wall.
2.11 Other Easements Indicated on the Plat. Any other easement referenced on the
Plat to be located on or any Common Element or Limited Common Element
adjacent to a Unit, whether or not any other document is recorded with the County
Recorder, shall create an easement in favor of the Association for the purpose of
access over, under and across such portion of the Unit or Units where such
easement is depicted on the Plat and such easement shall run with the land.
SECTION 3
COMMON ELEMENTS AND LIMITED COMMON ELEMENTS
3.1 Common Elements. The Common Elements and their characteristics are as
follows:
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a. The Common Elements shall be owned by the Association for the
common benefit of the Owners and Occupants. The Common Elements
include, without limitation, that real property identified as Common
Elements and legally described on Exhibit A, attached hereto, and
Improvements and fixtures located thereon, including, without limitation,
an entrance monument and landscaping, a stormwater retention pond,
retaining walls, a walkway, lake access, docks, slips and an Irrigation
System.
b. The Common Elements shall be subject to appurtenant easements for
services, public and private utilities and storm sewer, access, use and
enjoyment in favor of each Unit and its Owners and Occupants; subject to
(i) the right of Owners and Occupants in Limited Common Elements
appurtenant to their Units and (ii) the right of the Association to establish
reasonable Rules and Regulations governing the use of the Property.
C. Subject to Sections 5, 6 and 9, all maintenance, repair, replacement,
management and operation of the Common Elements shall be the
responsibility of the Association.
d. Common Expenses for the maintenance, repair, replacement, management
and operation of the Common Elements shall be assessed and collected
from the Owners in accordance with Section 6.
3.2 Limited Common Elements. Limited Common Elements include: 1) portions of
the Common Elements that are designated for the exclusive use of the Unit
Owners of the Unit or Units to which the Limited Common Elements are
allocated, and 2) fixtures or Improvements located wholly or partially outside a
Unit's boundaries, that serve one or more but fewer than all of the Units, and
which are allocated solely to the Unit or Units served. Limited Common
Elements are subject to the rights granted to the Association herein or in a
separate recorded easement, including the Association's right to construct,
reconstruct, inspect, use, improve, repair, replace, maintain and regulate,
including the following:
a. Irrigation System. The portions of the Irrigation System located within the
Irrigation Easement crossing a Unit, shall be considered a Limited
Common Element, allocated to the respective Unit over which it crosses
and which it serves.
b. Retaining Walls. The portion of any retaining wall on the Property that is
also located within the boundaries of a Unit shall be considered a Limited
Common Element and subject to the rights of the Association granted
herein; provided, however, any retaining wall exclusively located within
the boundaries of a Unit shall be the sole responsibility of the Unit Owner.
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Any retaining wall which is located partially within the boundaries of a
Unit and partially on the Property may be maintained or replaced by the
Association, in the Association's sole discretion, and the Association shall
have an easement over and across the Unit boundary to perform all such
work.
C. Docks. Subject to local, state and federal laws, ordinances and
regulations, the Association shall place two (2) docks located on Outlot B,
which shall be considered a Limited Common Element, owned and
maintained by the Association, and allocated for the exclusive use and
enjoyment of the Owners and guests of Lots 1 — 9, Block 2, Bay View
Villas, Anoka County, Minnesota (the "Upland Units"). The Board shall
have exclusive authority to control usage of these docks through Rules and
Regulations, including the right to establish and collect usage fees. Cost
of maintenance, including replacement reserves, to the extent not covered
by usage fees, shall be incorporated in the common expense Assessments
in accordance with Section 6, herein.
d. Slips. Subject to local, state and federal laws, ordinances and regulations,
each Dock shall include two (2) slips for watercraft, which shall be
considered a Limited Common Element, owned and maintained by the
Association, and allocated for the exclusive use of the Owners and guests
of the Upland Units. The Association shall have the authority, but not the
obligation, to assign the exclusive right to use one or more specific slips to
an Owner of an Upland Unit through the granting of licenses, subject to
terms and conditions, including fees, to be determined by the Board. An
Owner of an Upland Unit may not transfer the license for a slip, except
back to the Association, and the Board may then allocate the license for
such slip to another Owner of an Upland Unit. The Association shall be
responsible for documenting the license transfer, and the Owner of the
Upland Unit receiving or returning the slip license shall be responsible for
any costs associated therewith. In no event shall a license be issued to,
transferred to, or held by a person or entity that is not an Owner of an
Upland Unit. The Association shall maintain records of all licenses
issued. The Association shall have the right to keep one or more,
including all, of the slips for general use by the Upland Units, including
the right to issue permits for daily use, subject to terms and conditions,
including fees, to be determined by the Board. The Board shall have the
right to allocate costs associated with maintenance of the slips that are not
covered by fees, in accordance with Section 6, herein. The Board shall
have exclusive authority to control usage of these slips through Rules and
Regulations, including the right to establish and collect usage fees. Cost
of maintenance, including replacement reserves, to the extent not covered
by usage fees, would be incorporated in the common expense
Assessments, and may be assessed exclusively against the Unit to which a
license has been granted.
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e. Lake Shore. The shoreline of Centerville Lake shall be considered a
Limited Common Element, maintained by the Association for preservation
of the shoreline.
f. Landscape Plan. The "Landscape Plan" as set forth in the Conditional Use
Permit from the City of Centerville shall be considered a Limited
Common Element, maintained by the Association for the purpose of
maintenance and preservation of same. The Landscape Plan is attached as
Exhibit C.
g. Stormwater Maintenance. Stormwater ponds and facilities on all Units and
commonly-owned property shall be considered a Limited Common
Element, maintained by the Association for the purpose of maintenance
and preservation of same.
SECTION 4
ASSOCIATION MEMBERSHIP: RIGHTS AND OBLIGATIONS
Membership in the Association, and the allocation to each Unit of a portion of the votes in the
Association and a portion of the Common Expenses of the Association shall be governed by the
following provisions:
4.1 Membership. Each Owner shall be a member of the Association by virtue of
Unit ownership, and the membership shall be transferred with the conveyance of
the Owner's interest in the Unit. An Owner's membership shall terminate when
the Owner's ownership terminates. When more than one Person is an Owner of a
Unit, all such Persons shall be members of the Association, but multiple
ownership of a Unit shall not increase the voting rights allocated to such Unit nor
authorize the division of the voting rights.
4.2 Voting and Common Expenses. Voting rights and Common Expense
obligations are allocated equally among the Units; except that special allocations
of Common Expenses shall be permitted as provided in Section 6.1.
4.3 Appurtenant Rights and Obligations. The ownership of a Unit shall include the
voting rights and Common Expense obligations described in Section 4.2. Said
rights, obligations and interests, and the title to the Units, shall not be separated or
conveyed separately. The allocation of the rights, obligations and interests
described in this Section may not be changed, except in accordance with the
Governing Documents.
4.4 Authority to Vote. The Owner, or some natural person designated to act as
proxy on behalf of the Owner, and who need not be an Owner, may cast the vote
allocated to such Unit at meetings of the Association; provided, that if there are
multiple Owners of a Unit, only one (1) Owner or such designated proxy,
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pursuant to the provisions of the Bylaws, may cast such vote. The voting rights of
Owners are more fully described in Section 3 of the Bylaws.
4.5 Declarant Control. Notwithstanding the vote of any Unit Owner to the contrary,
the Declarant hereby reserves a period of Declarant control of the Association
during which the Declarant, or persons designated by the Declarant, may appoint
and remove the officers and directors of the Association. Said reservation of
Declarant control is subject to the following:
a. The period of Declarant control shall extend from the date of filing of this
Declaration until the earliest of: 1) the date Declarant no longer has
ownership of any Unit; 2) the date Declarant voluntarily turns over control
of the Association to the Owners; or 3) the date on or after the fifth (5th)
anniversary of the recording of this Declaration; provided, however,
Declarant may retain architectural control over the Units owned by
Declarant beyond the period of Declarant Control, as long as it owns a
Unit.
b. Within thirty (30) days after expiration of the Declarant Control Period,
the Unit Owners shall elect a Board of at least three (3) members.
Thereafter, a majority of the directors shall be Unit Owners other than
Declarant or an affiliate of Declarant. The remaining directors need not be
Unit Owners unless required by the Articles of Incorporation or Bylaws.
All Unit Owners, including the Declarant and its affiliates, may cast the
votes allocated to any Unit owned by them. The Board shall elect the
officers. The directors and officers shall take office upon election.
C. Except as otherwise provided in this subsection, meetings of the Board
must be open to all Unit Owners. To the extent practicable, the Board
shall give reasonable notice to the Unit Owners of the date, time and place
of a Board meeting. Notwithstanding the foregoing, notice is not required
to be delivered to the Unit Owners to the extent the date, time and place of
any such meeting(s) (i) are provided for in this Declaration, the Articles of
Incorporation or the Bylaws of the Association, (ii) was announced at a
previous meeting of the Board, (iii)is posted in a location accessible to the
Unit Owners and designated by the Board from time to time, or (iv) if an
emergency requires immediate consideration of a matter by the Board.
"Notice" has the meaning given in Minnesota Statutes Section 317A.011,
subdivision 14. Meetings may be closed to discuss the following:
(1) personnel matters;
(2) pending or potential litigation, arbitration or other potentially
adversarial proceedings, between Unit Owners, between the Board
or Association and Unit Owners, or other matters in which any
Unit Owner may have an adversarial interest, if the Board
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determines that closing the meeting is necessary to discuss strategy
or to otherwise protect the position of the Board of Association or
the privacy of a Unit Owner or Occupant of a Unit; or
(3) criminal activity arising within the Property if the Board
determines that closing the meeting is necessary to protect the
privacy of the victim or that opening the meeting would jeopardize
the investigation of the activity.
Nothing in this subsection imposes a duty upon the Board to provide special
facilities for any meeting. The failure to give notice as required by this subsection
shall not invalidate the Board meeting or any action taken at the meeting.
SECTION 5
ADMINISTRATION
The administration and operation of the Association and the Property, including but not limited
to the acts required of the Association, shall be governed by the following provisions:
5.1 General. The operation and administration of the Association and the Property
shall be governed by the Governing Documents. The Association shall, subject to
the rights of the Owners set forth in the Governing Documents, be responsible for
the operation, management and control of the Property. The Association shall
have all powers described in the Governing Documents, and the statute under
which it is incorporated. All power and authority of the Association shall be
vested in the Board, unless action or approval by the individual Owners is
specifically required by the Governing Documents. All references to the
Association shall mean the Association acting through the Board unless
specifically state to the contrary.
5.2 Operational Purposes. The Association shall operate and manage the Property
for the purposes of (i) administering and enforcing the covenants, restrictions,
easements, charges and liens set forth in the Governing Documents (ii)
maintaining, repairing and replacing those portions of the Property for which it is
responsible and (iii) preserving the value and architectural uniformity and
character of the Property.
5.3 Binding Effect of Actions. All agreements and determinations made by the
Association in accordance with the powers and voting rights established by the
Governing Documents shall be binding upon all Owners and Occupants, and their
lessees, guests, heirs, personal representatives, successors and assigns, and all
secured parties.
5.4 Bylaws. The Association shall have Bylaws. The Bylaws and any amendments
thereto shall govern the operation and administration of the Association.
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5.5 Mana2ement. The Board may delegate to a manager or managing agent the
management duties imposed upon the Association's officers and directors by the
Governing Documents; provided, however, that such delegation shall not relieve
the officers and directors of the ultimate responsibility for the performance of
their duties as described by the Governing Documents and by law.
5.6 Rules and Regulations. The Board shall have exclusive authority to approve and
implement such reasonable Rules and Regulations as it deems necessary from
time to time for the purpose of operating and administering the affairs of the
Association and regulating the use of the Property; provided that the Rules and
Regulations shall not be inconsistent with the other Governing Documents. The
inclusion in other parts of the Governing Documents of authority to approve
Rules and Regulations shall be deemed to be in furtherance, and not in limitation,
of the authority granted by this Section. New or amended Rules and Regulations
shall be effective only after reasonable notice thereof has been given to the
Owners.
5.7 Association Assets; Surplus Funds. All funds and real or personal property
acquired by the Association shall be held and used for the benefit of the Owners
for the purposes stated in the Governing Documents. Surplus funds remaining
after payment of or provision for Common Expenses and reserves shall be
credited against future Assessments, added to reserves, or retained in a working
capital fund, as determined by the Board.
SECTION 6
ASSESSMENTS FOR COMMON EXPENSES
6.1 General. Assessments for Common Expenses shall be determined and assessed
against the Units by the Board, in its discretion; subject to the limitations set forth
in Sections 6.2 and 6.3, and the requirements of the Bylaws. Assessments for
Common Expenses shall include annual Assessments and may include Special
Assessments. Assessments shall be allocated among the Units according to the
Common Expense allocations set forth in Section 4.2, subject to the following
qualifications:
a. Any Common Expense associated with the maintenance, repair, or
replacement of a Limited Common Element undertaken by the
Association may be assessed exclusively against the Unit or Units to
which that Limited Common Element is assigned, on the basis of (i)
equality, or(ii) the actual cost incurred with respect to each Unit.
b. Any Common Expense or portion thereof benefitting fewer than all of the
Units may be assessed exclusively against the Units benefited, on the basis
of(i) equality, or(ii) the actual cost incurred with respect to each Unit.
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C. The costs of insurance obtained by the Association, if any, may be
assessed in proportion to value, risk or coverage, and the costs of utilities
may be assessed in proportion to usage.
d. Reasonable attorneys' fees and other costs incurred by the Association in
connection with (i) the collection of Assessments and (ii) the enforcement
of the Governing Documents against an Owner or Occupant or their
guests, may be assessed against the Owner's Unit.
e. Fees, charges, late charges, fines and interest may be assessed for failure
to pay Assessments when due, as determined by the Board.
f. If any damage to the Common Elements or another Unit is caused by the
act or omission of any Owner or Occupant, or their guests, the Association
may assess the costs of repairing the damage exclusively against the
Owner's Unit to the extent not covered by insurance.
g. If any installment of an Assessment becomes more than thirty (30) days
past due, then the Association may, upon ten (10) days written notice to
the Owner, declare the entire amount of the Assessment immediately due
and payable in full.
h. If Common Expense liabilities are reallocated for any purpose, Common
Expense Assessments and any installment thereof not yet due shall be
recalculated in accordance with the reallocated Common Expense
liabilities.
i. Assessments under Subsections 6.1 a.-g. shall not be considered Special
Assessments as described in Section 6.3.
6.2 Annual Assessments. Annual Assessments shall be established and levied by the
Board. Each annual Assessment shall cover all of the anticipated Common
Expenses of the Association for that year. Annual Assessments shall provide,
among other things, for contributions to a separate reserve fund sufficient to cover
the periodic cost of maintenance, repair and replacement of the Common
Elements. The entire Annual Assessment shall be due and payable in full at the
time it is levied, but, at the discretion of the Board, may be paid in monthly,
quarterly, or semi-annual installments, or as otherwise determined by the Board.
There shall be no limitation on the right of the Board to subsequently increase the
amount of the annual Assessment.
a. Until a Common Expense Assessment is levied, Declarant shall pay all
accrued expenses of the Association.
b. After a Common Expense Assessment is levied, the Assessment may be
increased by the Board annually.
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6.3 Special Assessments. In addition to annual Assessments, the Board may levy in
any Assessment year a Special Assessment against all Units for the purpose of
defraying in whole or in part (i) the cost of any unforeseen or unbudgeted
Common Expense, (ii) general or specific reserves for maintenance, repair or
replacement, and (iii) the maintenance, repair or replacement of any part of the
Property, and any fixtures or other property related thereto.
6.4 Liability of Owners for Assessments. The obligation of an Owner to pay
Assessments shall commence at the earliest of (i) the time at which the Owner
acquires title to the Unit if a Dwelling has already been constructed, (ii) the day
on which a certificate of occupancy has been issued for a Dwelling, (iii) the due
date of the first Assessment levied by the Board; or (iv) the date which is eighteen
(18) months after an Owner acquires title to a Unit if construction of a Dwelling
has not commenced. Notwithstanding the foregoing, neither Declarant nor a
Homebuilder, shall be liable for any Assessment, nor subject to any Assessment
lien, for any period. Subject to the foregoing exemptions, the Owner at the time
an Assessment is payable with respect to the Unit shall be personally liable for the
share of the Common Expenses assessed against such Unit. Such liability shall be
joint and several where there are multiple Owners of the Unit. The liability is
absolute and unconditional. No Owner is exempt from liability for payment of
his, her or its share of Common Expenses by right of set-off, by waiver of use or
enjoyment of any part of the Property, by absence from or abandonment of the
Unit, by the waiver of any other rights, or by reason of any claim against the
Association or its officers, directors or agents, or for their failure to fulfill any
duties under the Governing Documents. The Association may invoke the charges,
sanctions and remedies set forth in Section 13, in addition to any remedies
provided elsewhere in the Governing Documents or by law, for the purpose of
enforcing its rights hereunder.
6.5 Assessment Lien. The Association has a lien on a Unit for any Assessment
levied against that Unit from the time the Assessment becomes due. If an
Assessment is payable in installments, the full amount of the Assessment is a lien
from the time the first installment thereof becomes due. Fees, charges, late
charges, fines and interest charges imposed by the Association are also liens, and
are enforceable as Assessments, under this Section. Recording of the Declaration
constitutes record notice and perfection of any lien under this Section, and no
further recordation of any notice of or claim for the lien is required.
6.6 Foreclosure of Liens; Remedies. A lien for Common Expenses may be
foreclosed against a Unit under the laws of the State of Minnesota(i)by action, or
(ii) by advertisement as a lien under a mortgage containing a power of sale. The
Association, or its authorized representative, shall have the power to bid in at the
foreclosure sale and to acquire, hold, lease, mortgage and convey any Unit so
acquired. The Owner and any other Person claiming an interest in the Unit, by
the acceptance or assertion of any interest in the Unit, grants to the Association a
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power of sale and full authority to accomplish the foreclosure. The Association
shall, in addition, have the right to pursue any other remedy at law or in equity
against the Owner who fails to pay any Assessment or charge against the Unit.
6.7 Lien Priority; Foreclosure. A lien under this Section is prior to all other liens
and encumbrances on a Unit except (i) liens and encumbrances recorded before
the Declaration, (ii) any first mortgage on the Unit, and (iii) liens for real estate
taxes and other governmental assessments or charges against the Unit.
Notwithstanding the foregoing, if a first mortgage on a Unit is foreclosed, and the
first mortgage was recorded on or after the date hereof, and no Owner redeems
during the Owner's period of redemption provided by Chapters 580, 581, or 582,
then the holder of the sheriff's certificate of sale from the foreclosure of the first
mortgage of the first mortgage or any person who acquires the title to the Unit by
redemption as a junior creditor shall take title to the Unit subject to a lien in favor
of the Association for the unpaid Assessments for Common Expenses levied and
which became due, without acceleration, during the six months immediately
preceding the first day following the end of the Owner's period of redemption.
6.8 Voluntary Conveyance; Statement of Assessments. In a voluntary conveyance
of a Unit the buyer shall not be personally liable for any unpaid Assessments and
other charges made by the Association against the seller or the seller's Unit prior
to the time of conveyance to the buyer, unless expressly assumed by the buyer.
However, the lien of such Assessments shall remain against the Unit until
satisfied. Any seller or buyer shall be entitled to a statement, in recordable form,
from the Association setting forth the amount of the unpaid Assessments against
the Unit, including all Assessments payable in the Association's current fiscal
year, which statement shall be binding on the Association, seller and buyer.
6.9 Working Capital Fund. There shall be established a working capital fund to
meet unforeseen expenditures, to purchase additional equipment or services of the
Association, and/or to cover the administrative costs associated with the transfer
of ownership of a Unit. At the time of sale of any improved Unit, whether initial
sale or resale, the purchaser shall pay a working capital fund contribution to the
Association in an amount equal to two (2) monthly installments of the
Assessments against the Unit being conveyed. Notwithstanding the foregoing, the
requirement to contribute to the working capital fund shall not apply to the
following: i) any sale of an unimproved Unit; and ii) any sale to a Homebuilder,
unless the Homebuilder is purchasing the Unit for personal, rental and/or
residential use, and not for construction and resale. If anyone resides in the
Dwelling on a Unit during a period of Homebuilder ownership, it will be
presumed that the Homebuilder's intent was for rental or residential use, and the
Homebuilder shall be required to contribute to the working capital fund, as
provided herein. The amounts paid into this fund are in addition to the regular
monthly installments of Assessments, and should not be considered an advance
payment of regular Assessment installments. The amounts paid to the working
capital fund are not refundable upon resale of the Unit, or in any other
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circumstance. The funds shall be deposited into the Association's account, and
may be used to pay or defray the expenses of the Association in connection with
any Unit transfer, any other operating expense of the Association, or as a
contribution to the Association's reserves.
SECTION 7
RESTRICTIONS ON USE OF PROPERTY
All Owners and Occupants, and all secured parties, by their acceptance or assertion of an interest
in the Property, or by their occupancy of a Unit, covenant and agree that, in addition to any other
restrictions which may be imposed by the Governing Documents, the occupancy, use, operation,
alienation and conveyance of the Property shall be subject to the following restrictions.
7.1 General. The Property shall be owned, conveyed, encumbered, leased, used and
occupied subject to the Governing Documents, as amended from time to time.
All covenants, restrictions and obligations set forth in the Governing Documents
are in furtherance of a plan for the Property, and shall run with the Property and
be a burden and benefit to all Owners and Occupants and to any other Person
acquiring or owning an interest in the Property, their heirs, personal
representatives, successors and assigns.
7.2 Compliance with Law. No use shall be made of the Property which would
violate any then existing municipal codes or ordinances, or state or federal laws,
nor shall any act or use be permitted which could cause waste to the Property,
cause a material increase in insurance rates on the Property, or otherwise cause
any unusual liability, health or safety risk, or expense, for the Association or any
Owner or Occupant.
7.3 Subdivision Prohibited. Unless otherwise provided herein, no Unit or any part
of the Common Elements may be subdivided or partitioned without the prior
written approval of all Owners and all secured parties holding first mortgages on
the Units.
7.4 Residential Use. Each Unit shall be used by the Owner(s) and Occupant(s) and
their guests exclusively as private, single family residential dwellings, and not for
transient hotel, commercial, business or other non-residential purposes, except as
specifically permitted. Any lease of a Unit (except for occupancy by guests with
the consent of the Owner) for a period of less than 7 days, or any occupancy
which includes services customarily furnished to hotel guests, shall be presumed
to be for transient purposes. A Homebuilder may own a Unit for the purpose of
construction of a Dwelling and resale.
7.5 Quiet Enioyment; Interference Prohibited. All Owners and Occupants and
their guests shall have a right of quiet enjoyment in their respective Unit, and
shall use the Property in such a manner as will not cause a nuisance, nor unduly
restrict, interfere with or impede the use of the Property by other Owners and
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Occupants and their guests.
7.6 Business Use Restricted. No business, trade, occupation or profession of any
kind, whether carried on for profit or otherwise, shall be conducted, maintained or
permitted in any Unit or the Common Elements; except (i) an Owner or Occupant
residing in a Unit may keep and maintain his or her business or professional
records in such Unit and handle matters relating to such business by
correspondence, telephone, facsimile, computer or other electronic means
therefrom, provided that such uses are incidental to the residential use, do not
involve physical alteration of the Unit and do not involve any observable business
activity such as signs, advertising displays, bulk mailings, deliveries, or visitation
or use of the Unit by customers or employees, (ii) the Association may maintain
offices on the Property for management and related purposes and (iii) a
Homebuilder may carry on its business of constructing a Dwelling on each Unit
owned by it and shall be allowed to advertise and to show the completed
Dwelling, including but not limited to signage to advertise the Dwelling as a
model home, a "Parade of Homes" home or an open house to induce the sale of
such Dwelling.
7.7 Animals. The breading of or keeping of any kind of animal for business or
commercial purposes is prohibited anywhere on the Property. The Board shall
have the exclusive authority to prohibit, or to allow and regulate, by Rules and
Regulations, the keeping of animals on the Property for personal use, including
authority to prohibit or to allow and regulate, ancillary structures and/or
Improvements intended for use by any animal. Exterior kennels are not allowed.
Notwithstanding the foregoing, subject to local, state and federal laws, rules and
ordinances, no more than two (2) animals may be allowed to be kept at any Unit.
The word "animal" shall be construed in its broadest sense and shall include all
living creatures except humans.
7.8 Alterations to a Unit. An Owner may not make changes to the exterior of a
Dwelling or to the yard without prior written authorization of the ACC as
provided in Section 8, below.
7.9 Parking and Outside Storage. Garages, driveways and other parking areas on
the Property shall be used only for parking of vehicles owned or leased by
Owners and Occupants and their guests, and such other incidental uses as may be
authorized in writing by the Board. However, no watercraft, trailers, recreational
vehicles or commercial vehicles shall be parked or stored in the driveway, other
parking area or anywhere on the Property (except inside the garage). The Board
shall have the authority to regulate, by Rules and Regulations, the use of
driveways and other parking areas on the Property, and the types of vehicles, the
number of vehicles and personal property permitted thereon, including, without
limitation, the right of the Association to have a vehicle towed at its owner's
expense or to remove unauthorized personal property from the Property, including
the Units, outside of the Dwellings. Exceptions to such regulations may be
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granted based on special circumstances may be requested, in advance, from the
Board, which shall have the sole authority to make a determination on any such
request.
7.10 Docks on Lakeshore Units. Each Lakeshore Unit may have up to one (1) dock
with no more than two slips for a single watercraft in each slip on its Unit
("Private Dock"), installed and maintained by the Owner, subject to the
requirements established by the ACC with respect to materials, size, design and
maintenance. Except as otherwise authorized in writing by the Board, only
watercraft owned by the Owner, the Owner's family members or the Occupants of
the Unit, of the Private Dock may be kept overnight at such Private Dock or on a
watercraft lift adjacent thereto. Except as otherwise authorized by the Board, a
Private Dock may not have more than one (1) adjacent watercraft lift at any given
time. Use of a Private Dock is subject to further regulation by the Board in the
Rules and Regulations and also local, state and federal laws, rules and ordinances.
7.11 Suns. No sign of any kind shall be displayed to the public view on any Unit
except one sign of not more than six (6) square feet advertising a Lot or Unit for
sale or rent (signs used by a builder to advertise the availability of Lots or
Dwellings upon the Property during the construction and sales period are exempt).
This restriction shall not apply to any model Unit or any sign or logo for any
model Unit. Election candidate or other political campaign signs are prohibited.
7.12 Garbage, Recyclin2 and Refuse. Trash, garbage, and other waste shall be kept
in sanitary containers. All equipment for storage or disposal of such materials
shall be kept in a clean and sanitary condition, and shall be housed in the garage
of such Unit or otherwise screened from public view.
7.13 Leasing. Leasing of the Units shall be allowed, subject to reasonable regulation
by the Board, and subject to the following conditions: (i) that no Unit shall be
leased for transient or hotel purposes, (ii) that no Unit may be subleased without
written consent of the Association, (iii) that all leases shall be in writing, (iv) that
the initial lease term shall be no less than twelve (12) months (v) that
documentation shall be submitted by the Owner to the Board each year showing
such Unit has been issued a rental dwelling license by the City, and (vi) that all
leases shall provide that they are subordinate to and subject to the provisions of
the Governing Documents, and that any failure of the lessee to comply with the
terms of such Governing Documents shall be a default under the lease. The
Board may impose such reasonable Rules and Regulations as may be necessary to
implement procedures for the leasing of Units, consistent with this Section,
including limiting the number of Units which may be leased at any given time.
7.14 Time Shares Prohibited. The time share form of ownership, or any comparable
form of lease, occupancy rights or ownership which has the effect of dividing the
ownership or occupancy of a Unit into separate time periods, is prohibited.
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7.15 Improvements Outside of the Dwelling. Due to the difficulty and increased cost
that physical improvements located outside of a Dwelling may cause for the
Association in providing snow removal and lawn maintenance, no temporary or
permanent physical improvement, structure, or landscaping may be installed or
maintained on a Unit, other than inside the Dwelling, unless allowed pursuant to
the applicable law and the Conditional Use Permit governing the Associaiion, and
unless expressly provided herein. The Board shall have the authority to establish
further Rules and Regulations regarding physical improvements, including but not
limited to such physical improvements described in this Section.
Notwithstanding the foregoing, the following shall be permitted, at the discretion
of the Board:
a. Fences. All fences must conform to City code and prior approval must be
obtained from the Board. "Invisible fencing" is permitted. Partial fences
may be permitted by the Board, in its sole discretion, if they do not
interfere with the Maintenance provided by the Association and if they
otherwise meet the standards established by the Board and the ACC for
uniform appearance of the Property. If a pool or hot tub is approved by
the Board (as provided in subsection "e" below), the fence around such
pool or hot tube shall not be more than 20 feet from the edge of the pool or
hot tub, unless such requirement is pursuant to City code. These
conditions may be modified by the Board and exceptions may be granted
by the Board.
b. Landscaping. No trees, gardens, shrubs, flowers or other plants shall be
planted by any Owner on any part of the Property outside of a Dwelling.
Notwithstanding the foregoing, plantings may be permitted by the Board,
in its sole discretion, if they do not interfere with the Maintenance
provided by the Association and if they otherwise meet criteria established
by the Board and the ACC for uniform appearance of the Property.
C. Flags. Subject to proper flag etiquette, the American flag may be proudly
displayed on the front elevation of any Dwelling utilizing a mounting
bracket affixed to the Dwelling and a removable flag and flagstaff.
d. Private Dock and Watercraft Storage. The items of personal property
identified in this paragraph may be stored within 50 feet of the shoreline
during the months from September to May. Private Docks may be stored
adjacent to the shoreline on a Lakeshore Unit, if dropped to the ground
and not stored on wheels. Watercraft lifts may be stored on a Lakeshore
Unit, adjacent to the shoreline, but may not have covers on them. No
watercraft may be stored during the off season on the shoreline or
anywhere on the Property other than inside a garage.
e. Pool and Hot Tubs. Pools and hot tubs shall be permitted only upon satisfaction
with the following conditions: (i) obtaining prior written approval from the Board,
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which approval may be withheld in the Board's sole discretion, (ii) obtaining
prior written approval from the City, (iii) compliance with all Association Rules
and Regulations governing such structures, (iv) compliance with all City codes
and ordinances governing such pools and hot tubs, and, (v) compliance with the
Conditional Use Permit governing the Bayview Villas Plat, only allowing pools
on a parcel larger than 20,000 square feet.
7.16 Rights of Declarant and Homebuilders. Until the last Unit is sold and
conveyed to an Owner other than the Declarant or a Homebuilder, the following
action by the Declarant or a Homebuilder, and their agents and assigns, will not
be deemed violations of the foregoing restrictions:
a. Use of a Dwelling for model and sales office purposes;
b. Storage of equipment, materials or earth during the construction of new
Dwellings on Units and used in conjunction with such construction
purposes; and
C. Display of signs advertising Units in the Property, subject to City and state
ordinances and codes.
SECTION 8
ARCHITECTURAL CONTROL
8.1 Restrictions on Alterations. The following restrictions and requirements shall
apply to alterations on the Property:
a. Except as expressly provided in this Declaration, no structure, building,
addition, deck, patio, pool, hot tub, fence, wall, enclosure, window,
exterior door, sign, display, decoration, color change, shrubbery, material
topographical or landscaping change, nor any other exterior Improvements
to or alteration thereof, or alteration of any Dwelling or any other part of a
Unit which is visible from the exterior of the Unit (collectively referred to
as "alterations"), shall be commenced, erected or maintained in a Unit,
unless and until the plans and specifications showing the nature, kind,
shape, height, color, materials and locations of the alterations shall have
been approved in writing by the Architectural Control Committee,
described below.
b. The Architectural Control Committee (the "ACC") shall consist of three
(3) members. The Declarant shall have the exclusive authority to appoint
and remove the members of the ACC for a period of time extending until
Declarant voluntarily surrenders such control. Specifically, Declarant's
right to control the ACC may extend beyond Declarant's Control Period
over the Association, as described in Section 4.5, above. After the
Declarant has surrendered control over the ACC, the committee members
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shall be appointed and removed by the Board. At any time, if no ACC is
in existence, the Board shall serve as the ACC. All references in this
Declaration, the Rules and Regulations or other Governing Documents to
the ACC shall apply to the Board, if no ACC is in existence. In addition,
Declarant's written consent shall be required for alterations until such time
as there are no Units owned by Declarant or a Homebuilder, Declarant no
longer has the right to add Units, and Declarant has voluntarily turned
over control of the Association.
C. The ACC shall have authority to establish reasonable criteria and
requirements for alterations, and shall be the sole judge of whether the
criteria are satisfied. The criteria for approval shall include and require, at
a minimum, (i) substantial uniformity of color, size, location, type and
design in relation to existing Improvements and topography, (ii)
comparable or better quality of materials as used in existing
Improvements, (iii) ease of Maintenance and repair, (iv) adequate
protection of the Property, the Association, Owners and Occupants from
liability and liens arising out of the proposed alterations, and (v)
compliance with governmental laws, codes and regulations.
d. Approval of alterations which encroach upon another Unit or the Common
Elements shall create an appurtenant easement for such encroachment in
favor of the Unit with respect to which the alterations are approved;
provided, that any easement for a deck or patio other than as originally
constructed shall be approved by resolution of the ACC and a file of such
resolutions shall be maintained permanently as a part of the Association's
records.
8.2 Review Procedures. The following procedures shall govern requests for
alterations under this Section:
a. Detailed plans, specifications and related information regarding any
proposed alteration, in form and content acceptable to the ACC, shall be
submitted to the ACC at least thirty (30) days prior to the projected
commencement of construction. No alterations shall be commenced prior
to approval.
b. The ACC shall give the Owner written notice of approval or disapproval.
If the ACC fails to approve or disapprove within thirty (30) days after
receipt of said plans and specifications and all other information requested
by the ACC, then approval will not be required, and this Section shall be
deemed to have been fully complied with so long as the alterations are
done in accordance with the plans, specifications and related information
which were submitted.
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C. If no request for approval is submitted, approval is denied, unless (i) the
alterations are reasonably visible and (ii) no written notice of the violation
has been given to the Owner in whose Unit the alterations are made, by
the Association or another Owner, within six months following the date of
completion of the alterations. Notice may be direct written notice or the
commencement of legal action by the Association or an Owner. The
Owner of the Unit in which the alterations are made shall have the burden
of proof, by clear and convincing evidence, that the alterations were
completed and reasonably visible for at least six months following
completion and that the notice was not given.
8.3 Remedies for Violations. The Association may undertake any measures, legal or
administrative, to enforce compliance with this Section and shall be entitled to
recover from the Owner causing or permitting the violation, all attorneys' fees
and costs of enforcement, whether or not a court action is commenced. Such
attorneys' fees and costs shall be a lien against the Owner's Unit and a personal
obligation of the Owner. In addition, the Association shall have the right to enter
the Owner's Unit and to restore any part of the Dwelling or Unit to its prior
condition if any alterations were made in violation of this Section, and the cost of
such restoration shall be a personal obligation of the Owner and a lien against the
Owner's Unit.
8.4 Protection from Liability. Neither Declarant, the Association, its directors or
officers, the members of the ACC, nor any person acting on behalf of any of
them, shall be liable for any costs or damages incurred by any person due to any
alleged mistakes in judgment, negligence or any action of the ACC in connection
with the approval or disapproval of plans and specifications. The Association
shall indemnify, defend and hold harmless the ACC and each of its members from
all costs, expenses and liabilities, including attorneys' fees, of all nature resulting
by virtue of the acts of the ACC or its members. Neither Declarant, the directors
or officers of the Association, the members of the ACC, nor any person acting on
behalf of any of them, shall be responsible for any defects in any plans or
specifications, nor for any defects in any Improvements constructed pursuant
thereto. Each person submitting an application for approval shall be solely
responsible for the sufficiency of all plans and specifications submitted and for
the quality of construction of the Improvements constructed, and shall hold
harmless, indemnify and defend the Association, and their respective officers,
directors, committee personnel and agents, from and against all claims, damages
and liabilities arising out of the approval or construction of the Improvements to
which their application relates.
8.5 No Representation of Compliance. No approval of plans and specifications and
no publication of standards by the ACC shall be construed as representing or
implying that such plans, specifications; or standards will, if followed, result in
properly designed Improvements. Such approvals and standards shall not be
construed as representing or guaranteeing that any Dwelling or other
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Improvement built in accordance therewith was built in a good and workmanlike
manner. Neither Declarant, the Association, nor the ACC shall be responsible or
liable for any defects in any plans or specifications submitted or approved; any
loss or damages to any person arising out of the approval or disapproval of any
plans or specifications, any loss or damage arising from the noncompliance of
such plans and specifications with any governmental ordinances and regulations;
nor any defects in construction undertaken pursuant to such plans and
specifications.
8.6 Additional Standards. The ACC is authorized to promulgate from time to time
additional written architectural standards, guidelines and other regulations
governing the construction, location, landscaping, and design of alternations and
Improvements located or to be located on the Property, including without
limitation, the requirement that(i) all Dwellings be constructed with James Hardie
siding, and (ii) all Units are equipped with an underground irrigation/sprinkler
system.
SECTION 9
MAINTENANCE
9.1 Maintenance by Association. The Association shall provide for all maintenance,
repair and replacement (collectively referred to as "Maintenance") of the
Common Elements. This includes, without limitation:
a. Mowing and other Maintenance of lawns, shrubs, trees and other
landscaping located on the Common Elements;
b. All mailboxes that serve the Units;
C. The Irrigation System, defined above, which may include, but is not
limited to, wells, pumps, filtrations systems, electrical power, housing,
irrigation lines, and sprinkler heads, and which shall be located within the
Common Elements and the Irrigation Easement;
d. The walkway located on Outlot B, Bay View Villas, Anoka County,
Minnesota;
e. The retaining walls located on or adjacent to Outlot B and Lot 1, Block 1,
Bay View Villas, Anoka County, Minnesota;
f. The stormwater pond located on Lot 10, Block 2, Bay View Villas, Anoka
County, Minnesota, including any such obligations which maybe be
required in a maintenance agreement between the Association and the
Rice Creek Watershed District, and additional Maintenance, at the
discretion of the Board;
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g. The entrance monument, landscaping and lighting located on Outlot A,
Bay View Villas, Anoka County, Minnesota.
h. The docks and slips located on Outlot B Bay View Villas, Anoka County,
Minnesota.
i. The riprap along all areas of shoreline within the Association.
j. All elements of the Landscape Plan (Exhibit C) including but not limited
to plantings and trees.
k. Any additional Common Element amenity or Limited Common Element
amenity added to the Property upon the affirmative resolution by the
Board after the date hereof.
9.2 Association Maintenance of Units. In addition to the Maintenance described in
this Section, the Association shall provide the following Maintenance to the
Units:
a. Maintenance of lawns, shrubs and trees, including, without limitation,
mowing, which shall include, but is not limited to, the following:
i. Spring clean-up;
ii. Lawn mowing;
iii. Application of lawn fertilizer;
iv. Annual shrub trimming;
v. Spring set up and fall blowout of all irrigation/sprinkler systems,
including the systems on each Unit;
vi. Riprap on the shoreline;
vii. All elements of the Landscape Plan (Exhibit C) including but not
limited to plantings and trees; and
viii. Autumn clean-up for leaves, brush and other seasonal debris.
b. Snow removal from driveways, walkways, and front steps, but excluding
rear patios and other hard surfaces.
9.3 Maintenance by Owner. Except for the Maintenance required to be provided by
the Association under Section 9.1 and 9.2, all Maintenance of the Dwellings and
Units shall be the sole responsibility of and at the expense of the Owners thereof.
The Association or the ACC may require that any exterior Maintenance to be
performed by the Owner be accomplished pursuant to specific uniform criteria
established by the Association. Any exterior Maintenance which the Owner fails
to perform or improperly performs, the Association may undertake and assess the
Unit and the Owner for the cost thereof. Notwithstanding the foregoing, any
damages to an Owner's irrigation/sprinkler system shall be the responsibility of
the Owner, except that damages which occur and are discovered in the spring as
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part of the Association's obligations in Section 9.2.a shall be repaired by the
Association, but all such costs of the repairs will be billed to the applicable
Owner. Any amounts due shall a Special Assessment pursuant to Section 6.3.
The Board of Directors shall have the right to establish Rules and Regulations
regarding an Owner's obligation to water the lawn within the Unit and all Units
shall have an underground irrigation/sprinkler system installed. The Association
may enforce an such Rules and Regulations by watering the lawn for the Owner
and charging the Owner for such expenses as a Special Assessment under Section
6.3.
9.4 Damage Caused by Owner. Notwithstanding any provision to the contrary in
this Section, if, in the judgment of the Association, the need for Maintenance of
any part of the Property is caused by the willful or negligent act or omission of an
Owner or Occupant, or their guests, or by a condition in a Unit which the Owner
or Occupant has willfully or negligently allowed to exist, the Association may
cause such damage or condition to be repaired or corrected (and enter upon any
Unit to do so), and the cost thereof may be assessed against the Unit and the
Owner responsible for the damage.
9.5 Easements for Maintenance. The Association shall have easements as described
in Section 12 to perform its obligations under this Section 9.
SECTION 10
INSURANCE
10.1 Required Insurance. The Association shall obtain and maintain, at a minimum,
a policy of insurance in accordance with the requirements set forth herein, issued
by a reputable insurance company or companies authorized to do business in the
State of Minnesota, as follows:
a. The Association shall maintain property insurance covering the risk of
physical loss of the Common Elements and may include any additional
portion of the Property that the Association is required to maintain. The
policy or policies may cover personal property owned by the Association.
The type and amount of any such coverage shall be determined by the
Board.
b. Comprehensive public liability insurance covering the use, operation and
Maintenance of the Common Elements, and which may include any
additional areas the Association has an easement for Maintenance
responsibilities, with minimum limits of $1,000,000 per occurrence,
against claims or death, bodily injury and property damage, and such other
risks as are customarily covered by such policies for projects similar in
construction, location and use to the Property. The policy shall contain a
"severability of interest" endorsement which shall preclude the insurer
from denying the claim of an Owner or Occupant because of negligent
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acts of the Association or other Owners or Occupants. The policy shall
include such additional endorsements, coverages and limits with respect to
such hazards as may be required by the regulations of the FHA or FNMA
as a precondition to their insuring, purchasing or financing a mortgage on
a Unit.
C. Fidelity bond or insurance coverage against dishonest acts on the part of
directors, officers, managers, trustees, employees or persons responsible
for handling funds belonging to or administered by the Association if
deemed to be advisable by the Board or required by the regulations of the
FHA or FNMA as a precondition to the purchase or financing of a
mortgage on a Unit. The fidelity bond or insurance shall name the
Association as the named insured and shall, if required by the regulations
of the FHA or FNMA as a precondition to their insuring, purchasing or
financing of a mortgage on a Unit, be written in an amount equal to the
greater of (i) the estimated maximum of Association funds, including
reserves, in the custody of the Association or management agent at any
given time while the bond is in force, or (ii) a sum equal to three months
aggregate Assessments on all Units plus reserves. An appropriate
endorsement to the policy to cover any persons who serve without
compensation shall be added if the policy would not otherwise cover
volunteers, or a waiver of defense based upon the exclusion of persons
serving without compensation shall be added.
d. Worker's Compensation insurance as required by law.
e. Such other insurance as the Board may determine from time to time to be
in the best interests of the Association and the Owners.
10.2 Property Insurance for Units. Each Owner shall obtain and maintain the
Owner's own property and liability insurance coverage relating to the ownership
of the Owner's Unit and any structures constructed thereon. However, the
Owners, including the Declarant, if applicable, may elect at any time to have the
Association provide the property and/or liability insurance on all of the Units by
approval of 67% of the votes in the Association. Election may be obtained in
writing or at a meeting of the Association duly held in accordance with the
Bylaws. In such event, the Association's insurance policy shall declare a
maximum deductible of $50,000.00 per claim. Furthermore, each Owner shall
retain the right to obtain additional personal insurance coverage at his or her own
expense covering fire and other casualty to the Unit,personal property or personal
liability. In the event the Association maintains an insurance policy covering all
of the Units, then any insurance policy maintained by an Owner must provide that
it is without contribution as against the insurance purchased by the Association.
An Owner's personal insurance coverage ("HO 6 Policy") must contain an
endorsement providing that the difference between an Owner's personal insurance
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coverage ("HO 6 Policy") deductible and the deductible on the insurance policy
provided by the Association shall be paid by the HO 6 Policy.
10.3 Premiums; Improvements; Deductibles. All premiums for insurance coverage
maintained by the Association shall be assessed and paid as a Common Expense.
The Association may, in the case of a claim for damage resulting from the acts or
omissions of a Unit Owner or Occupant or their guest, licensee or invitee, (i) pay
the deductible amount as a Common Expense; (ii) pay the deductible and assess
the deductible amount against such Unit and Owner in any reasonable manner; or
(iii) require the Owner of the Unit responsible for the damage to pay the
deductible amount directly. The Association's decision as to who shall be
charged with paying the deductible amount may, but need not, be based upon
fault.
10.4 Loss Payee; Insurance Trustee. All insurance coverage maintained by the
Association shall be written in the name of, and the proceeds thereof shall be
payable to, the Association (or a qualified insurance trustee selected by it). The
Association, or any insurance trustee selected by it, shall have exclusive authority
to negotiate, settle and collect upon any claims or losses under any insurance
policy maintained by the Association.
10.5 Waivers of Subrogation. All policies of insurance shall contain waivers of
subrogation by the insurer against the Association, the Board, Owners, members
of the Owner's household, officers or directors, as applicable, and, if available,
waivers of any defense based on co-insurance or of invalidity from any acts of the
insured.
10.6 Cancellation; Notice of Loss. All policies of property insurance and
comprehensive liability insurance maintained by the Association shall provide
that the policies shall not be cancelled or substantially modified, for any reason,
without at least thirty (30) days prior written notice to the Association, to the FHA
or FNMA (if applicable), all of the insureds and all Eligible Mortgagees.
10.7 Restoration in Lieu of Cash Settlement. All policies of property insurance
maintained by the Association shall provide that, despite any provisions giving
the insurer the right to elect to restore damage in lieu of a cash settlement, such
option shall not be exercisable (i) without the prior written approval of the
Association (or any Insurance Trustee) or (ii) when in conflict with provisions of
any insurance trust agreement to which the Association may be a party, or any
requirement of law.
10.8 No Contributions. All policies of insurance maintained by the Association shall
be the primary insurance where there is other insurance in the name of the Owner
covering the same Property, and may not be brought into contribution with any
insurance purchased by Owners or their Eligible Mortgagees.
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10.9 Effect of Acts Not Within Association's Control. All policies of insurance
maintained by the Association shall provide that the coverage shall not be voided
by or conditioned upon (i) any act or omission of an Owner or Eligible
Mortgagee, unless acting within the scope of authority on behalf of the
Association, or (ii) any failure of the Association to comply with any warranty or
condition regarding any portion of the Property over which the Association has no
control.
SECTION 11
RECONSTRUCTION, CONDEMNATION AND EMINENT DOMAIN
11.1 Reconstruction. Any repair or reconstruction shall be substantially in
accordance with the plans and specifications of the Property as initially
constructed and subsequently improved, unless otherwise determined by the
ACC, in its sole discretion. Notice of substantial damage or destruction shall be
given pursuant to Section 17.
11.2 Condemnation and Eminent Domain. In the event of a taking of any part of the
Property by condemnation or eminent domain, notice shall be given pursuant to
Section 17. Eligible Mortgagees shall be entitled to priority for condemnation
awards in accordance with the priorities established by the Governing Documents,
as their interests may appear.
11.3 Notice. All Eligible Mortgagees shall be entitled to receive notice of any
condemnation proceedings or substantial destruction of the Property, and the
Association shall give written notice thereof to an Eligible Mortgagee pursuant to
Section 17.
SECTION 12
EASEMENTS
12.1 Easement for Maintenance, Repair, Replacement and Reconstruction. Each
Unit, and the rights of the Owners and Occupants thereof, shall be subject to the
rights of the Association to an exclusive, appurtenant easement on and over the
Units for the purposes of maintenance, repair, replacement and reconstruction of
the Units, and utilities serving the Units, to the extent necessary to fulfill the
Association's obligations under the Governing Documents.
12.2 Utilities Easements. The Property shall be subject to non-exclusive appurtenant
easements for all utilities, storm sewer, water and sewer, and similar services,
which exist from time to time, as constructed or referred to in the Plat, or as
otherwise described in this Declaration or any other duly recorded instrument.
Each Unit, and the rights of the Owners and Occupants thereof, shall be subject to
a non-exclusive easement in favor of the other Units for all such services,
including without limitations any sewer or water lines servicing other Units. Each
Unit shall also be subject to an exclusive easement in favor of the Association and
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all utilities companies providing service to the Units for the installation and
maintenance of utilities metering devices.
12.3 Declarant's Easements. Declarant shall have and be the beneficiary of
easements for construction and sales activities as described in Section 14.
12.4 Continuation and Scope of Easements. Notwithstanding anything in this
Declaration to the contrary, in no event shall an Owner or Occupant be denied
reasonable access to his, her or its Unit or the right to utility services thereto. The
easements set forth in this Section shall supplement and not limit any easements
referred to in the Plat or as otherwise described elsewhere in this Declaration or in
any other duly recorded instrument, and shall include reasonable access to the
easement areas through the Units and the Common Elements for purposes of
maintenance, repair, replacement and reconstruction.
SECTION 13
COMPLIANCE AND REMEDIES
Each Owner and Occupant, and any other Person owning or acquiring any interest in the
Property, shall be governed by and comply with the provisions of the Governing Documents, the
Rules and Regulations, the decisions of the Association, and such amendments thereto as may be
made from time to time. A failure to comply shall entitle the Association to the relief set forth in
this Section, in addition to the rights and remedies authorized elsewhere by the Governing
Documents.
13.1 Entitlement to Relief. The Association may commence legal action to recover
sums due, for damages, for injunctive relief or to foreclose a lien owned by it, or
any combination thereof, or an action for any other relief authorized by the
Governing Documents or available at law or in equity. Legal relief may be
sought by the Association against any Owner, or by an Owner against the
Association or other Owner, to enforce compliance with the Governing
Documents, the Rules and Regulations, or the decisions of the Association.
However, no Owner may withhold any Assessments payable to the Association or
take (or omit) other action in violation of the Governing Documents or the Rules
and Regulations, as a measure to enforce such Owner's position, or for any other
reason.
13.2 Sanctions and Remedies. In addition to any other remedies or sanctions,
expressed or implied, administrative or legal, the Association shall have the right,
but not the obligation, to implement any one or more of the following actions
against Owners and Occupants and/or their guests, who violate the provisions of
the Governing Documents:
a. Commence legal action for damages or equitable relief in any court of
competent jurisdiction.
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b. Impose late charges of up to 15% of each late payment of an Assessment
or installment thereof, and to charge interest on delinquent amounts due at
a rate determined by the Board and set forth in the Rules and Regulations,
but not to exceed the maximum rate permitted by applicable law.
C. In the event of default in the payment of any Assessment or installment
thereof, which continues more than thirty (30) days, all remaining
installments of Assessments assessed against the Unit owned by the
defaulting Owner may be accelerated and shall then be payable in full if
all delinquent Assessments, together with all costs of collection and late
charges, are not paid in full prior to the effective date of the acceleration.
Reasonable advance written notice of the effective date of the acceleration
shall be given by the Association to the defaulting Owner.
d. Impose reasonable fines, penalties or charges for each violation of the
Governing Documents of the Association.
e. Suspend the rights of any Owner or Occupant and their guests to use any
Common Element amenities; provided, that this limitation shall not apply
to Limited Common Elements appurtenant to the Unit, and those portions
of the Common Elements providing utilities service and access to the Unit.
Such suspensions shall be limited to periods of default by such Owners
and Occupants in their obligations under the Governing Documents, and
for up to thirty (30) days thereafter, for each violation.
f. Restore any portions of the Common Elements or Limited Common
Elements damaged or altered, or allowed to be damaged or altered, by any
Owner or Occupant or their guests in violation of the Governing
Documents, and to assess the cost of such restoration against the Owner(s)
responsible for the damage or alteration and their Unit(s).
g. Enter any Unit or Limited Common Element in which, or as to which, a
violation or breach of the Governing Documents exists which materially
affects, or is likely to materially affect in the near future, the health or
safety of the other Owners or Occupants, or their guests, or the safety or
soundness of any Dwelling or other party of the Property or the property
of the Owners or Occupants, and to summarily abate and remove, at the
expense of the offending Owner or Occupant, any structure, thing or
condition in the Unit or Limited Common Elements which is causing the
violation; provided, that any Improvements which are a part of a Unit may
be altered or demolished only pursuant to a court order or with the
agreement of the Owner.
h. Foreclose any lien arising under the provisions of the Governing
Documents or under law, in the manner provided for the foreclosure of
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mortgages by action or under a power of sale in the state where the
Property is located.
13.3 Right to Hearing. In the event any of the remedies described in Section 13.2.d.,
e., or f. are imposed by the Association, the offender shall be given notice which
states the nature of the violation, the right to a hearing, and shall be granted at
least ten (10) days within which to request, in writing, a hearing. Upon written
request of the offender, the Board shall grant to the offender a fair and equitable
hearing. The hearing shall be scheduled by the Board and held no more than
thirty (30) days after receipt by the Board of the hearing request, and with at least
ten (10) days prior written notice to the offender. If the offending Owner fails to
appear at the hearing, then the right to a hearing shall be waived and the Board
may take such action as it deems appropriate. The Board's decision shall be
delivered in writing to the offender no more than ten (10) days following the
hearing, if not delivered to the offender at the hearing. The decision of the Board
and the rules for the conduct of hearings established by the Board shall be final
and binding on all parties.
13.4 Lien for Charges, Penalties, Etc. Any Assessments, charges, fines, penalties or
interest imposed under this Section 13 shall be a lien against the Unit of the
Owner or Occupant against whom the same are imposed and the personal
obligation of such Owner in the same manner and with the same priority and
effect as Assessment liens under Section 6. A lien imposed under this Section 13
shall attach to the Unit as of the date such remedy is imposed, but shall not be
determined to be final, as to violations for which a hearing is held, until the Board
delivers its written decision at or following the hearing. All remedies shall be
cumulative, and the exercise of, or failure to exercise, any remedy shall not be
deemed a waiver of the right to pursue any others.
13.5 Costs of Proceeding and Attorneys Fees. With respect to any collection
measures, or any measures or action, legal administration, or otherwise, which the
Association takes to enforce the provisions of the Governing Documents or Rules
and Regulations, whether or not finally determined by a court or arbitrator, the
Association may assess the violator and his or her Unit with any expenses
incurred in connection with such enforcement, including without limitation, fines
or charges previously imposed by the Association, reasonable attorneys' fees, and
interest (at the highest rate allowed by law) on the delinquent amounts owed to
the Association.
13.6 Liability for Owners' and Occupants' Acts. An Owner shall be liable for the
expense of any maintenance, repair or replacement of the Property rendered
necessary by such Owner's acts or omissions, or by that of Occupants or guests in
the Owner's Unit, to the extent that such expense is not covered by the proceeds
of insurance carried by the Association or such Owner or Occupant. However,
any insurance deductible amount and/or increase in insurance rates, resulting from
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the Owner's (or their Occupant's or guest's) acts or omissions may be assessed
against the Owner responsible for the condition and against his or her Unit.
13.7 Enforcement by Owners. The provisions of this Section 13 shall not limit or
impair the independent rights of other Owners to enforce the provisions of the
Governing Documents and the Rules and Regulations, as provided therein, against
other Owners, Occupants or the Association.
SECTION 14
SPECIAL DECLARANT RIGHTS
Declarant, its agents and assigns, hereby reserves exclusive and unconditional authority to
exercise the following Special Declarant Rights for as long as it owns a Unit, or has the right to
add Additional Property, or for such shorter period as may be specifically indicated:
14.1 Complete Improvements. To complete all Improvements described herein or
otherwise included in Declarant's development plans, the Plat or allowed by any
other duly recorded document, and to make alterations in the Units and Common
Elements to accommodate its sales facilities.
14.2 Sales Facilities. To construct, operate and maintain a sales office, management
office, model Units and other development, sales and rental facilities within the
Common Elements and any Units owned by Declarant from time to time, located
anywhere on the Property.
14.3 Suns. To erect and maintain signs and other sales displays offering the Units for
sale or lease, in or on any Unit owned by Declarant and on the Common
Elements, and to erect a permanent marker or markers at the entrance to the
development.
14.4 Easements. To have and use easements, for itself, its employees, contractors,
representatives, agents and prospective purchasers through and over the Common
Elements for the purpose of exercising its Special Declarant Rights.
14.5 Control of Association. To control the operation and administration of the
Association, including without limitation the power to appoint and remove the
members of the Board until the earlier of. (i) the date Declarant no longer owns a
Unit; (ii) voluntary surrender of control by Declarant, or (iii) the date on or after
the fifth (5th) anniversary of the recording of this Declaration; provided, however,
the Declarant may retain architectural control over its Units beyond the period of
Declarant Control, as long as it owns a Unit.
14.6 Consent to Amendments. As long as Declarant or a Homebuilder owns any
unsold Unit, or has the right to add Additional Property, Declarant's written
consent shall be required for all amendments to the Governing Documents.
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14.7 Use in Advertising. To photograph the exterior of the Units and use said
photographs or reproductions for advertising purposes.
14.8 Assignment of Special Declarant Rights. The Special Declarant Rights
contained in this Declaration are separately assignable by Declarant, and may be
transferred by Declarant executing and recording with the County Recorder, one
or more Assignment of Special Declarant Rights, setting forth a description of the
right being assigned, and the identity of the assignee.
SECTION 15
ADDITIONAL PROPERTY
Real property ("Additional Property") may be added to the Association only with the written
consent of the City.
SECTION 16
AMENDMENTS
This Declaration may otherwise be amended by the consent of(i) Owners of Units to which are
allocated at least sixty-seven percent (67%) of the votes in the Association; and (ii) the consent
of Declarant, as long as Declarant or a Homebuilder owns a Unit or has the right to add
Additional Property. Additionally, amendment of the following provisions shall require the
written consent of the City: (i) maintenance responsibilities of the Association as described in
Sections 9.1 and 9.2; (ii) Rights of City of Centerville as set forth in Section 19, and, (iii) the
addition of real property to the Association. Consent of the Owners may be obtained in writing
or at a meeting of the Association duly held in accordance with the Bylaws. Consent of the
Declarant shall be in writing. The amendment shall be effective when recorded. An affidavit by
the Secretary of the Association as to the outcome of the vote, or the execution of the foregoing
agreements or consents, shall be adequate evidence thereof for all purposes, including without
limitation, the recording of the amendment.
SECTION 17
RIGHTS OF ELIGIBLE MORTGAGEES
17.1 Priority of Lien. Any holder of a first mortgage on a Unit or any purchaser of a
first mortgage at a foreclosure sale, that comes into possession of a Unit by
foreclosure of the first mortgage or by deed or assignment in lieu of foreclosure,
takes the Unit free of any claims for unpaid Assessments or any other charges or
liens imposed against the Unit by the Association which have accrued against
such Unit prior to the acquisition of possession of the Unit by said first mortgage
holder or purchaser except for (i) a lien in favor of the Association for unpaid
Assessments for common expenses levied and which became due, without
acceleration, during the six (6) months immediately preceding the first day
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following the end of the Owner's period of redemption; and (ii) except that any
unreimbursed Assessments or charges may be reallocated among all Units in
accordance with their interests in the Common Elements.
17.2 Priority of Taxes and Other Charles. All taxes, assessments and charges
which may become liens prior to the first mortgage under state law shall relate
only to the individual Units and not to the Property as a whole.
17.3 Priority for Condemnation Awards. No provision of the Governing Documents
shall give an Owner, or any other party, priority over any rights of the Eligible
Mortgagee of the Unit pursuant to its mortgage in case of a distribution to such
Owner of insurance proceeds or condemnation awards for losses to or a taking of
the Unit and/or the Common Elements. The Association shall give written notice
to all Eligible Mortgagees of any condemnation or eminent domain proceeding
affecting the Property promptly upon receipt of notice from the condemning
authority.
17.4 Access to Books and Records/Audit. Eligible Mortgagees shall have the right to
examine the books and records of the Association upon reasonable notice during
normal business hours, and to receive free of charge, upon written request, copies
of the Association's annual reports and other financial statements. Financial
statements, including those which are audited, shall be available within one
hundred twenty (120) days of the end of the Association's fiscal year. If a request
is made by FNMA or any institutional guarantor or insurer of a mortgage loan
against a Unit, for an audit of the Association's financial statements for the
preceding year, the Association shall cause an audit to be made and deliver a copy
to the requesting party.
17.5 Notice Requirements. Upon written request to the Association, identifying the
name and address of the holder, insurer or guarantor of a mortgage on a Unit, and
the Unit number or address, the holder, insurer or guarantor shall be entitled to
timely written notice of:
a. a condemnation loss or any casualty loss which affects a material portion
of the Property or the Unit securing the mortgage;
b. a sixty (60) day delinquency in the payment of Assessments or charges
owed by the Owner of the Unit on which it holds, insures or guarantees a
mortgage;
C. a lapse, cancellation or material modification of any insurance policy
maintained by the Association; and
d. a proposed action, which requires the consent of a specific percentage of
Eligible Mortgagees.
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17.6 Consent Deemed Granted. Consent of a secured party, including an Eligible
Mortgagee, required hereunder is deemed to be granted if the secured party's
written refusal to consent is not received by the Association within sixty (60) days
after the secured party receives from the Association notice and a copy of the
amendment, by certified U.S. Mail,postage prepaid, and return receipt requested.
SECTION 18
MISCELLANEOUS
18.1 Severability. If any term, covenant, or provision of this Declaration or any
exhibit attached hereto is held to be invalid or unenforceable for any reason
whatsoever, such determination shall not be deemed to alter, affect or impair in
any manner whatsoever any other portion of this Declaration or exhibits.
18.2 Construction. Where applicable the masculine gender of any word used herein
shall mean the feminine or neutral gender, or vice versa, and the singular of any
word used herein shall mean the plural, or vice versa. Any reference herein to
MCIOA shall not be interpreted so as to subject the Association or the Declarant
to any provision of MCIOA, unless otherwise specifically set forth herein.
18.3 Notices. Unless specifically provided otherwise in the Governing Documents, all
notices required to be given by or to the Association, its officers or the Board by
or to the Owners or Occupants shall be in writing and shall be effective upon hand
delivery, or upon date of delivery if deposited with the United States Postal
Service, properly addressed to the intended recipient and with proper postage
prepaid, or upon receipt if delivered by email or other electronic means; except
that registrations pursuant to Section 2.2 of the Bylaws shall be effective upon
receipt by the Association.
18.4 Conflict Among Governing Documents. In the event of any conflict among the
provisions of the Articles of Incorporation and any provision of this Declaration,
the Bylaws or the Rules or Regulations, the Articles of Incorporation shall
control. In the event of any conflict among the provisions of this Declaration and
any provision of the Bylaws or the Rules and Regulations, this Declaration shall
control, and as between the provisions of the Bylaws and the provisions of the
Rules and Regulations, the Bylaws shall control. Notwithstanding the above,
where two or more provisions of any of the Governing Documents to which the
Property is subject, address the same matter, the more restrictive provision shall
control.
SECTION 19
RIGHTS OF THE CITY OF CENTERVILLE
19.1 Purpose. The City has executed various agreements with, secured certain
covenants, and issued permits governing the Plat, Property and Association, and
has a continuing interest in the performance of those agreements and covenants.
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Further, the City has a continuing interest in enforcing the Maintenance
obligations of the Association and the perpetual operation of the Association, in
accordance with the terms set forth herein.
19.2 Right to Enforce Covenants.
a. In the event the Association or the Declarant fails to fulfill its Maintenance
obligations set forth in Section 9.1., above (a "Failure to Maintain"), and
such Failure to Maintain shall continue for a period of thirty (30) days (or
for such longer period of time as agreed to in writing by the City) after
mailing notice to the Association and the Declarant (if applicable) of a
Failure to Maintain, then the City shall have the right to enforce such
Maintenance obligations, or to enter onto the Property for the purpose of
fulfilling the Maintenance obligations identified in the Written Notice. In
such event, the City shall have the right to bill the Association for the costs
incurred by the City in completing the Maintenance. In the event the
Association fails to reimburse the City for such costs after a period of thirty
(30) days, the City may assess the costs thereof against the Units on a pro
rata basis and/or bring legal action against the Association to collect any
sums due to the City hereunder, including reasonable costs and attorney's
fees incurred in enforcing its rights pursuant to this Section. The City shall
make such an assessment pursuant to legal authority to regulate landowners
pursuant to Ordinance of the City of Centerville and Minnesota Statutes
Chapter 429, or such law as may revise or supersede same.
b. In the event the Association or the Declarant fails to fulfill its financial
obligation to pay real property tax, assessments, levies, penalty, interest, or
other governmental debts related to real property identified as Common
Elements set forth herein (defined as a "Failure to Pay Property Tax"), and
such Failure to Pay Property Tax shall continue for a period of thirty (30)
days after mailing notice to the Association and the Declarant (if applicable)
of a Failure to Pay Property Tax, the Association owes and shall make
payments to the City equal to the debt owed, plus reimbursement of the
City's costs. In the event any of the Common Elements are subject to tax
forfeiture, the Association owes, and shall perpetually pay the City an
amount equal to the annual real property tax, assessment, levy, penalty, or
interest plus reimbursement of the City's costs as to any parcel identified as
Common Element that is subject to tax forfeiture. The amount of this annual
debt shall be calculated as if the parcel was owed by the Association.
C. The obligations of Section 19 are joint and several obligations of the Owners
that shall run with the land of each Unit and the Property even in the event a
parcel defined as a Common Element is no longer owned by the Association,
the Declarant, or the Owners. Reimbursement of the City's costs under
Section 19 include but are not limited to reasonable costs and attorney's fees
incurred in enforcing its rights pursuant to this Section.
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d. Any Written Notice or other communication from the City to the
Association shall be sent to the registered address of the Association on
file with the Minnesota Secretary of State or to such other address as the
Declarant or the Association may provide to the City, in writing, from
time to time. Any Written Notice or other communication from the City
to the Declarant shall be sent to such address and in a manner as set forth
in the Development Agreement between the City and the Declarant.
19.03 Planned Unit Development And Conditional Use Permit. The Association
recognizes that the Property and the Plat are subject to a Planned Unit
Development And Conditional Use Permit (the "Permit"), issued by the City, and
recorded against the Plat. The Association, the Owners, and the Declarant (if
applicable), joint and severally, are bound by the Permit. The Association is
required to enforce the conditions set forth in the Permit. In particular, the
Association must maintain and preserve the following elements identified in the
Permit:
a. The shoreline of Centerville Lake;
b. The"Landscape Plan" as set forth in the Permit; and,
c. Stormwater ponds and facilities on all commonly-owned and private property
to include but not limited to vegetation management in and around ponds and
storm sewer structures (inlet and outlet), trash removal, and other general
maintenance.
19.04 City Approval Required. The following provisions shall require the written
consent of the City:
a. Amendments affecting the City's rights and interests in the Association;
b. Declarant exercising the rights set forth in Section 15;
c. Amendment to the maintenance responsibilities of the Association as
described in Sections 9.1
SECTION 20
PROPERTY DISCLOSURE
20.1 Declarant hereby discloses that Declarant does not intend to build the Dwellings
to be located within the Property, and Declarant makes no representation or
warranty concerning the identity of any Homebuilder who may be constructing
Dwellings or other Improvements on the Property.
(Signature Page Follows)
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IN WITNESS WHEREOF, the undersigned has executed this Declaration as of the day
and year first above set forth.
Bayview Villas, LLC
By: Richard Defoe
Its:
STATE OF MINNESOTA )
) SS
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
2019, by Richard Defoe, the of Bayview Villas,
LLC, a Minnesota limited liability company, the Declarant.
Notary Public
THIS INSTRUMENT DRAFTED BY:
Gries Lenhardt Allen, P.L.L.P.
Nathan J. Allen (Lic. No.: 308158)
12725 43rd Street NE, Suite 201
St. Michael, MN 55376
(763) 497-3099
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BAYVIEW VILLAS
EXHIBIT A TO DECLARATION
LEGAL DESCRIPTION OF PROPERTY
SCHEDULE OF UNITS/LEGAL DESCRIPTION OF UNITS:
Lots 1 —9, Block l; and
Lots 1 —9, Block 2;
Bay View Villas, Anoka County, Minnesota
COMMON ELEMENTS:
Outlots A and B; and
Lot 10, Block 2;
Bay View Villas, Anoka County, Minnesota
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BAYVIEW VILLAS
EXHIBIT B TO DECLARATION
LEGAL DESCRIPTION OF ADDITIONAL PROPERTY
None.
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BAYVIEW VILLAS
EXHIBIT C TO DECLARATION
LANDSCAPE PLAN
MP�V w
OWNER GYTH DEMARCATE THE PRIVATE \
RETAINING WALL SUBJECT TO CCE.BTRAIL FROM THE REGIONAL //\
-- / OBE DETERMINED IN FIELD BY
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clo
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E INP"I LU DEL N- ( WILDFLOWER ESTABLISHMENT NOTES SHEETOR
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s.Mw•m..e 0
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4. CONTRACTOR TO FIELD VERIFY SHORELINE CONDITIONS 1 STEPS&LANDING TYP_�
TO DETERMINE DIMENSIONS AND DEPTH OF RIPRAP. 1 (OPTIONAL UPGRADE BY G o eager ,
RIPRAPTOBE NOMORETHAN6 WATERWARDOF THE \ HOMEOWNER) /
ORDINARY HIGH WATER LEVEL..ALLO.T BY MNDNR. DOCK TVP.(OPTIONAL ,
�i.s FREE OF DIRT AND DEBRIS.CONTRACTOR TO DETERMINE'( UPGRADE BV HOMEOWNER)
SIZE OF MATERIAL BASED ON SHORELINE CONDBIONSAND 1 \s�.ia Uo.k saJ l
STAY WITHIN MNDNR ALLOWABLE RANGE OF 6 30"CIA. so LANDSCAPE MO
NOTES 6. PREPARE SHORELINE FOR RIPRAP:GRADE AND COMPACT RELINEB
1. SEE PLANTING DETAILS&LANDSCAPE SPECIFICATIONS SHEET L4 /.L SLOPE MAINTAIN 3:1 OR LESS.PLACE HEAVv ouC �l SHORELINE&COMMON DOCK LANDSCAPE PLAN N oocN
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2 THE ESOUTSIDE IF HOME LIT LINES TO BE INSTALLED PRIOR PROJECT MIN I2 ANDANCHORED WITH.TAPLES_COVERFILTER �
CLOSE OUT.TREES SHOWN INSIDE LOT LINES TO BE INSTALLED BY BUILDER FABRIC WITH 6"OF GRADED GRAVEL FREE OF DIRT AND
AT TIME OF HOME CONSTRUCTION. DEBRIS. 1 snaxo: LI
T_ RIPRAP TO BE MAINTAINED ANNUALLY 1T PREVENT f
ti NOTE Bn6E MAP PRODUCED U6ING CIVIL DRnWINGS FROM PLOWS ENGiNEERMG INC �EROSION
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CITY OF CENTERVILLE
REQUEST FOR
COUNCIL ACTION Verville
Agenda Item# Department: Requested Council Meeting Date:
VIII.2.c Planning & Zoning/Legal 05/22/2019
TITLE OF ISSUE:
Bay View Villas - Revised Development Agreement
BACKGROUND AND SUPPLEMENTAL INFORMATION:
This Resolution approves a 1) Revised Development Agreement, 2) the Home Owners Association documents
required by the Development Agreement, and 3) empowers the City Administrator to control recording the land
use documents for this project with the County.
The Development Agreement now contains two revisions:
- The City and Mr. & Ms. DeFoe where the Parties to the previous Agreement. The DeFoes moved their
property and development company into a Limited Liability Company. The Agreement reflects that change of
ownership.
- The Agreement reflects a technical change to enforce that common properties will be owned by the Home
Owners' Association.
COST AND SOURCE(S) OF FUNDING:
Cost are paid from the Developer's escrow, not the general fund.
REQUESTED COUNCIL ACTION:
Motion to adopt Resolution 19-OXX Approving the Home Owner's Association Declaration of
Covenants, Conditions, and Restrictions, Adopting the Revised Development Agreement and Authorizing
Recordation of the Final Plat for Bay View Villas.
For Clerk's Use:
SUPPORTED DOCUMENTS ATTACHED
Motion By:
Resolution Ordinance Contract Minutes Plan Map
Second By:
19-OXX
Vote Record: Ave Nay
�� Lakso Other(specify) Development and Subdivision Agreement,
Love
0 Paar First Amendment, and, Declaration of Covenants,
Koski
Montain Conditions, and Restrictions For Bayview Villas
Administration Department Use:
Refer to:
Consent
Tabled Until:
Regular L= Other:
CITY OF CENTERVILLE
COUNTY OF ANOKA
STATE OF MINNESOTA
RESOLUTION 419-0
A RESOLUTION ADOPTING REVISED DEVELOPMENT AGREEMENT
AND
AUTHORIZING RECORDATION OF FINAL PLAT FOR
BAY VIEW VILLAS
WHEREAS, RICHARD A. DEFOE AND KARNA J. DEFOE, ("Applicant"), are the fee owners
of the Plat for BAY VIEW VILLAS.
WHEREAS, this matter came before the City Council on October 24, 2018, and the Council
approved the Final Plat for BAY VIEW VILLAS.
WHEREAS, the matter came before the City Council on October 24, 2018, and the Council
approved a Development and Subdivision Agreement for BAY VIEW VILLAS contingent on
the Parties negotiating a Declaration for a Home Owners Association.
WHEREAS, the parties have now negotiated a Declaration for a Home Owners Association
entitled, Declaration of Covenants, Conditions, and Restrictions For Bayview Villas. City Staff
recommends approval of same.
WHEREAS, the applicant asks for further revisions to the previous Development and
Subdivision Agreement:
• The City and Mr. & Ms. DeFoe were the Parties to the previous Agreement. The DeFoes
wish to move ownership of their property and development company into a Limited
Liability Company.
• The Parties desire a change to the previous Agreement reflecting a technical change to
enforce that common properties on the Plat will be owned by the Home Owners
Association.
WHEREAS, the requested revisions to the previous Agreement and the Declaration are
contained in the document, "Development and Subdivision Agreement, First Amendment."
WHEREAS,pursuant to the Development and Subdivision Agreement, First Amendment, the
City Council should APPROVE recording the Final Plat for BAY VIEW VILLAS with Anoka
County subject to the following conditions:
A. The Final Plat is contingent upon execution of, and subject to the terms of the revised,
"Development and Subdivision Agreement, First Amendment"with the City for the
Platted land;
Page 1 of 3
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B. The Final Plat must meet the requirements and approval of the City Engineer;
C. The Final Plat must meet the requirements and approval of the County Surveyor; and,
D. The Final Plat must be recorded in a manner where it is not subordinate to any
easement, lien, mortgage, encumbrance, or other interest.
E. The Final Plat must be recorded simultaneously to the Conditional Use Permit
governing the BAY VIEW VILLAS where the priority of the Conditional Use Permit
immediately follows the Plat.
F. The Final Plat and Conditional Use Permit must be recorded simultaneously to the
Declaration of the Bayview Villas Home Owners Association.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Centerville,
Minnesota, does Ordain, and
1. APPROVES the Declaration of Covenants, Conditions, and Restrictions For Bayview
Villas.
2. APPROVES recording the Final Plat for the BAY VIEW VILLAS subject to the
following conditions:
a. Approval for recording of the Final Plat is contingent upon execution of, and
subject to the terms of the Subdivision and Development Agreement, First
Amendment, with the City for the Platted land;
b. Approval for recording of the Final Plat is contingent on recording the Plat in a
manner where it is not subordinate to any easement, lien, mortgage, encumbrance,
or other interest; and,
c. Approval for recording of the Final Plat is contingent upon simultaneous
recordation to the Conditional Use Permit governing the BAY VIEW VILLAS
where the priority of the Conditional Use Permit immediately follows the
recording prior of the Plat.
d. The Final Plat and Conditional Use Permit is contingent upon simultaneous
recordation to the Declaration of Covenants, Conditions, and Restrictions For
Bayview Villas.
3. AUTHORIZATION FOR RECORDING the Final Plat with Anoka County is subject to
the following conditions:
a. The Final Plat must meet the requirements and approval of the City Engineer;
and,
b. The Final Plat must meet the requirements and approval of the County Surveyor.
4. The City Administrator shall determine when the conditions governing the Authorization
for Recording have been satisfied. Once the conditions have been satisfied he shall author
a letter certifying satisfaction of these conditions.
5. The Applicant is authorized to File and Record the Final Plat for BAY VIEW VILLAS
with Anoka County after receiving written certification from the City Administrator.
Page 2 of 3
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PASSED AND DULY ADOPTED this 22th day of May 2019 by the City Council of the
City of Centerville.
Jeff Paar, Mayor
Attest:
Mark Statz, City Administrator
Page 3 of 3
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CITY OF CENTERVILLE
REQUEST FOR
COUNCIL ACTION l
Agenda Item# Department: Requested Council Meeting Date:
VIII.3.a Planning & Zoning, Engineer, Legal May 22, 2019
TITLE OF ISSUE:
Old Mill Estates - Resolution Approving Final Plat and Development Agreement
BACKGROUND AND SUPPLEMENTAL INFORMATION:
This Development Agreement serves as the Master Agreement for a multiphase development of the Plat. It also
serves as the Agreement for Phase 1 of the Development.
Unique features to the agreement:
- This development does not have a full plan for Phase 2 of construction. The Agreement is flexible to
anticipate various plan options the developer may put into place for Phase 2.
- The Park Dedication Fee will be paid on a lot by lot basis when each building permit is granted. The current
fee is $3000 per lot. Staff anticipates that fee will increase within the next year. Construction will span the
period over that increase. As a compromise, Staff recommends fixing the fee at $3000 per lot for the first 24
months of construction to encourage a fast buildout.
COST AND SOURCE(S) OF FUNDING:
No cost to the City. Costs are paid by the Developer, or reimbursed from an escrow paid by Developer.
REQUESTED COUNCIL ACTION:
Motion to approve Resolution 19-Oxx, making approval of the Development Agreement contingent on Staff
approval of cost estimates and list of escrow items for public improvements and construction as set forth in
Code Chapter 153.
For Clerk's Use:
SUPPORTED DOCUMENTS ATTACHED
Motion By:
Resolution Ordinance Contract Minutes Plan Map
Second By:
19-OXX
Vote Record: Ave Nay
�� Lakso Other(specify) Final Plat, Development and Subdivision
Love
0 Paar Agreement For Old Mill Estates
Koski
Montain
Administration Department Use:
Refer to:
Consent
Tabled Until:
Regular
Other:
CITY OF CENTERVILLE
COUNTY OF ANOKA
STATE OF MINNESOTA
RESOLUTION 419-044
A RESOLUTION ADOPTING FINAL PLAT & DEVELOPMENT AGREEMENT
FOR
OLD MILL ESTATES
WHEREAS, ELMCREST VISTAS, a Minnesota Limited Liability Corporation, ("Applicant"),
is the fee owner of the Real Property legally described as:
The North Half of the North Half of the Northwest Quarter of the Southeast Quarter of
Section 14, Township 31, Range 22, Anoka County, Minnesota.
AND
The South Half of the North Half of the Northwest Quarter of the Southeast Quarter of
Section 14, Township 31, Range 22, Anoka County, Minnesota.
All parcels are subject to easements of record.
WHEREAS, Applicant obtained preliminary approval for the Plat, OLD MILL ESTATES. Said
preliminary Plat created a subdivision from the Real Property, dividing the Real Property into
blocks, lots, and outlots. Said preliminary Plat forms the basis of a phased development of the
entire Plat.
WHEREAS, the Planning and Zoning Commission, City Staff and Consultants RECOMMEND
the City Council APPROVE the Final Plat for OLD MILL ESTATES, subject to the following
conditions, and before said Final Plat can be filed and recorded with Anoka County:
A. The Final Plat is contingent upon execution of, and subject to the terms of a
Development Agreement with the City for the Platted land.
B. The Final Plat must meet the requirements and approval of the City Engineer.
C. The Final Plat must meet the requirements and approval of the County Surveyor.
D. The Final Plat must be recorded in a manner where it is not subordinate to any
easement, lien, mortgage, encumbrance, or other interest.
E. The Final Plat must be recorded simultaneously to the Applicant's grant of a Trail
Easement for Old Mill Estates, where the priority of the Easement is immediate to the
Plat.
F. The Final Plat and Easement must be recorded simultaneously to the Development
Agreement governing the Plat for Old Mill Estates where the priority of the
Agreement is immediate to the Plat and Easement.
Page 1 of 2
WHEREAS, the Applicant and Staff negotiated a Development and Subdivision Agreement
governing the development of OLD MILL ESTATES, and recommends its adoption by the City
Council. A conforming copy is presented with this Resolution.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Centerville,
Minnesota, does Ordain, and
1. APPROVES the Final Plat for the OLD MILL ESTATES subject to the following
conditions:
a. Approval of the Final Plat is contingent upon execution of, and subject to the
terms of the Development and Subdivision Agreement governing OLD MILL
ESTATES, attached hereto.
b. Approval of the Final Plat is contingent on recording the Plat in a manner where it
is not subordinate to any easement, lien, mortgage, encumbrance, or other interest.
c. Approval of the Final Plat is contingent on its simultaneous recordation to the
Applicant's grant of a Trail Easement for OLD MILL ESTATES where the
priority of the Easement is immediate to the Plat.
d. Approval of the Final Plat is contingent on its simultaneous recordation to the
Development Agreement governing OLD MILL ESTATES where the priority of
the Agreement is immediate to the Plat and Trail Easement.
2. AUTHORIZATION FOR RECORDING the Final Plat with Anoka County is subject to
the following conditions:
a. The Final Plat must meet the requirements and approval of the City Engineer;
and,
b. The Final Plat must meet the requirements and approval of the County Surveyor.
3. The City Administrator shall determine when the conditions governing the Authorization
for Recording have been satisfied. Once the conditions have been satisfied he shall author
a letter certifying satisfaction of these conditions.
4. The Applicant is authorized to File and Record the Final Plat for OLD MILL ESTATES
with Anoka County after receiving written certification from the City Administrator.
PASSED AND DULY ADOPTED this 22nd day of May 2019 by the City Council of the
City of Centerville.
Jeff Paar, Mayor
Attest:
Mark Statz, City Administrator
Page 2 of 2
DEVELOPMENT & SUBDIVISION AGREEMENT
BY AND BETWEEN
THE CITY OF CENTERVILLE, MINNESOTA
AND
ELMCREST VISTAS, L.L.C.
PREPARED BY:
Kurt B. Glaser, City Attorney
Smith & Glaser, LLC
333 Washington Avenue North
405 Union Plaza Building
Minneapolis, Minnesota 55401
612-333-6513
KurtGlaser@GlaserLaw.net
VERSION FOR COUNCIL 05/22/2019 Page 1
DEVELOPMENT & SUBDIVISION AGREEMENT
Old Mill Estates
THIS DEVELOPMENT & SUBDIVISION AGREEMENT ("Agreement") effective
May 22, 2019, by and between the CITY OF CENTERVILLE, a Minnesota municipal
corporation ("City"); and ELMCREST VISTAS, a Minnesota Limited Liability Corporation,
(the"Developer").
1. REQUEST FOR PLAT AND DEVELOPMENT APPROVAL. The Developer
has asked the City to approve a final plat for the Old Mill Estates (referred to in this Agreement
as the "Final Plat"). The land ("Land") is situated in the County of Anoka, State of Minnesota,
and is legally described on the attached Exhibit A, including easements described therein. The
Final Plat shall be constructed in phases. The Developer has received approval for a Preliminary
Plat containing a minimum of 32 single-family lots. The scope of this Agreement shall serve as a
master agreement for all phases of development until the Final Plat is fully developed. This
Agreement shall also serve as the governing document for the first phase of development. Future
development shall be governed by amendments or codicils to this Agreement.
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The first phase of this development will consist of one block containing 14 single-family
homes and supporting infrastructure. The remainder of the platted land will be contained in a
single "Outlot A"reserved for future development.
Future phases of this development will consist of at least 18 single-family homes and
supporting infrastructure. At such time as the second phase of development, the Developer shall
resolve to either develop or perpetually maintain all lands on the Plat.
2. CONDITIONS OF PLAT AND DEVELOPMENT APPROVAL. This
Agreement serves as the master agreement for the development of the Old Mill Estates Final
Plat. The Final Plat will be developed in accordance with the development plans in successive
phases of development. Successive version of the Final Plat shall be approved by the City
corresponding to each phase of the development. The first phase shall be developed pursuant to
Final Plat, Phase One.
At such time as the City approves a phase of the Final Plat and the Development Plans
for all phases of development, and the Developer receives the Right to Proceed as set forth
below, the Developer may record the Plat with the County Recorder or Registrar of Titles within
one hundred (100) days after approval of the Plat. If the Plat and any associated easements or
covenants are not recorded within the one hundred (100) days, the approval of the Plat is void,
unless a written request for an extension is submitted to the City Administrator before the one
hundred (100) days expire. The extension will be approved or denied by the City Council by
placement on their agenda within fifteen (15) days of request for same. Such Plat shall contain
all easements required for the construction and maintenance of improvements for the
development.
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3. RIGHT TO PROCEED. Within the Final Plat or Land to be platted, the
Developer may not grade (except as authorized in a Permit issued by the City) or otherwise
disturb the earth, remove trees, construct sewer lines, water lines, streets, utilities, public or
private improvements, or any buildings until all the following conditions have been satisfied: 1)
this Agreement or subsequent amendments or codicils have been fully executed by all parties,
including owners, lessors, lessees and mortgage holders, and filed with the City Administrator
and recorded against the property, 2) the necessary security has been received by the City, 3) the
Plat has been approved by the City Council and is in a form ready for recording with the Anoka
County Recorder's Office, 4) the necessary easements, rights-of-ways, or covenants have been
recorded against the property, and 5) the City Administrator has issued a letter that all conditions
have been satisfied and that the Developer may proceed. The Final Plat will not be released to
the Developer and may not be recorded until the necessary Security has been received and
accepted by the City. The City Administrator shall issue the notice to proceed within seven (7)
business days after receipt and acceptance of the security.
4. OTHER DEVELOPMENT. The City may refuse to approve future phases of
development, certification of occupancy within this development, future planning or zoning
applications,plats or development contracts by or with Developer if Developer has breached this
Agreement, and the breach has not been remedied within the applicable notice period.
5. CHANGES IN OFFICIAL CONTROLS. For two (2) years from the date of
this Agreement, no amendments to the City's Comprehensive Plan or official controls shall apply
to or affect the use, development density, lot size, lot layout or dedications of the approved Final
Plat unless required by state or federal law or agreed to in writing by the City and the Developer.
Thereafter, notwithstanding anything in this Agreement to the contrary, to the full extent
VERSION FOR COUNCIL 05/22/2019 Page 4
permitted by state law the City may require compliance with any amendments to the City's
Comprehensive Plan, official controls, platting or dedication requirements enacted after the date
of this Agreement.
6. DEVELOPMENT PLANS. The Final Plat shall be developed in accordance
with the following plans ("Plans") which are on file with the City. The Plans shall not be
attached to this Agreement. If the Plans vary from the written terms of this Agreement, the
written terms shall control. The approved Plans are as follows:
A. Final Plat, Old Mill Estates,prepared by EG Rud & Sons, Inc., dated xxxxx.
B. Preliminary Plat, Old Mill Estates, prepared by EG Rud & Sons, Inc., dated
xxxxx.
C. Grading, Drainage and Erosion Control Plans, (prepared by Plowe Engineering,
Inc. —Adam Ginkel, dated 10/17/2018 w/revisions through)
D. Street and Utility Plans (prepared by Plowe Engineering, Inc. — Adam Ginkel,
dated 10/17/2018 w/revisions through)
E. Trail Plan Documents
F. Trail Easement prepared by EG Rud & Sons, Inc. dated 05/01/2019.
G. Any "as-built" plans of public or private improvements constructed pursuant to
this Agreement.
These Plans may include subsequent plan revisions approved, in writing, by the City Engineer.
The Parties recognize how the Preliminary Plat and the Plans contain undefined elements related
to the eastern lands of the Outlot A. Once those elements are defined, they shall be included as
part of these Plans.
7. PUBLIC AND PRIVATE IMPROVEMENTS. The Developer shall install and
pay for the following improvements ("Improvements") as required by the Development Plans.
These Improvements are detailed in Exhibit D.
All Improvements shall be installed in accordance with the City's subdivision ordinance;
City standard specifications for utilities and street construction; and any other applicable law,
ordinance or policy. The Developer shall submit plans and specifications for the Improvements
VERSION FOR COUNCIL 05/22/2019 Page 5
that have been prepared by a competent registered professional civil engineer to the City for
approval by the City Council. The Developer shall obtain all necessary permits from other
agencies before proceeding with construction of the Improvements. The Developer, at its sole
expense, shall instruct its engineer to provide adequate field inspection personnel to assure an
acceptable level of quality control to the extent that the Developer's engineer will be able to
certify, as a condition of City acceptance, that the construction work for the Improvements meet
the approved City standards.
The Developer, its contractors and subcontractors, shall follow all instructions received
from the City and Rice Creek Watershed inspectors, so long as consistent with the Plans. The
Developer's engineer shall provide for on-site project management. The Developer or its
engineer shall schedule a pre-construction meeting at a mutually agreeable time and location
with all parties concerned, including the City Engineer, inspector and/or consultants, to review
the program for the construction work. Prior to the pre-construction meeting, Developer shall
supply a schedule of construction activities and shall amend the schedule from time to time as
necessary. Before the Security for the completion of Public Improvements is released in total,
iron monuments must be installed in accordance with Minn. Stat. Chapter 505. The Developer's
surveyor shall submit a written notice to the City certifying that the monuments have been
installed.
8. PERMITS. The Developer shall obtain, or require its contractors and
subcontractors to obtain, all necessary permits. Those permits obtained by Developer to begin
work include, but are not limited to:
A. Minnesota Pollution Control Agency — National Pollutant Discharge Elimination
System Permit For Storm Water Discharge Related To Construction Activity
B. Rice Creek Watershed District—General Permit For Development Activity
C. City of Centerville- Building Permit for home construction
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D. City of Centerville—Grading Permit for land disturbing activities.
E. City of Centerville —Right-of-Way Permits for small utilities such as gas, phone,
electric, cable TV.
F. Minnesota Pollution Control Agency Sanitary Sewer Extension
G. Minnesota Department of Health Water Main Extension
9. TIME OF PERFORMANCE. The Developer shall install all required public
improvements ("Public Improvements") in the Phase 1 Plans with the exception of the final wear
course of asphalt by December 31, 2019. Developer shall install the wear course by November 1,
2020. The Developer may, however, request an extension of time from the City. The City may
exercise the power to delay installation of the wear course for a period no more than two years
longer than the Developer's deadline. If the deadline is extended Security posted by the
Developer shall be updated to reflect cost increases and the extended completion date. The City
may only exercise the power to delay installation of the wear course for good cause shown,
including but not limited to ongoing construction related truck traffic over the road in question,
evidence of trench settlements in the road, or premature failure of the base course.
If Developer moves forward with Phase 2, the installation of those required public
improvements and their associated deadlines shall be the subject of an amendment to this
Agreement using the principals governing Phase 1.
10. LICENSE. The Developer hereby grants the City, its agents, employees, officers
and contractors a license to enter the Land to be platted to perform all work and inspections
deemed appropriate by the City in conjunction with the Plat development and the Improvements.
11. EROSION CONTROL. The erosion control shall be implemented by the
Developer according to the Storm Water Pollution Prevention Plan (SWPPP), and inspected
under the terms of the National Pollutant Discharge Elimination System Permit For Storm
Water Discharge Related To Construction Activity (NPDES permit). The City or Rice Creek
Watershed District may impose additional erosion control requirements if field conditions
warrant. The parties recognize that time is of the essence in controlling erosion. If the Developer
does not comply with the erosion control plan and schedule or supplementary instructions
received from the City, Minnesota Pollution Control Agency or the Rice Creek Watershed
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District, the City may take such action as it deems appropriate to control erosion. The City will
designate a contact person responsible for erosion control issues. The contact person will attend
the pre-construction meeting. Except in case of emergency, the City will give 48-hour notice to
the Developer in advance of any proposed action, but failure of the City to do so will not affect
the Developer's and City's rights or obligations hereunder. If the Developer does not reimburse
the City for any cost the City incurred for such work within thirty (30) days, the City may draw
down on the Security or Additional Security to pay any costs. No development, utility or street
construction will be allowed and no building permits will be issued unless the Developer is in
full compliance with the SWPPP.
The Developer shall require all contractors and subcontractors working on the Project to
comply with City's erosion control standards. Those contractors and subcontractors are to be
educated on the City standards how they may be required to post surety to secure performance.
The City will work cooperatively with the Developer in securing their compliance with erosion
control standards through the building permit process.
12. GRADING PLAN. The Plat shall be graded in accordance with the Grading
Plan. Within thirty (30) days after completion of the grading and before the City releases any
Security, the Developer shall provide the City with an "as constructed" grading plan certified by
a registered land surveyor or engineer, with elevation shots showing that all ponds, swales,
emergency overflows and ditches have been constructed in accordance with the approved
grading plan. Developer shall verify lot corner elevations, pond depth, storm water ingress, and
building pads. The City will withhold issuance of building permits until the approved certified
grading plan is on file with the City and all erosion control measures are in place as determined
by the City Engineer. The Developer shall be required to maintain all erosion control measures
until written termination of the National Pollutant Discharge Elimination System permit.
13. DEWATERING. Due to the variable nature of groundwater levels and storm
water flows, it will be the Developer's and the Developer's contractors and subcontractors
responsibility to satisfy themselves with regard to the elevation of groundwater in the area and
VERSION FOR COUNCIL 05/22/2019 Page 8
the level of effort needed to perform dewatering and storm flow routing operations. All
dewatering shall be in accordance with all applicable county, state, and federal rules and
regulations. Department of Natural Resources regulations regarding appropriations permits shall
also be strictly enforced.
14. CLEAN UP. The Developer shall daily clean dirt and debris from streets that has
resulted from construction work by the Developer, its contractors, subcontractors, agents or
assigns. Prior to any construction on the Land, the Developer shall identify in writing a
responsible party for erosion control, street cleaning, and street sweeping. During such times as
construction is active, developer or his agent shall frequently inspect streets and make sure that
they are swept of dirt and debris.
15. SITE PROVISIONS.
A. Developer shall be responsible for Security at the site during construction.
B. Developer shall maintain communication with the neighboring properties and
address any concerns raised by the neighbors in a timely manner
C. Developer shall repair damage to the neighboring streets, curbs, trails, or other
public infrastructure caused by construction of the Project, at their own expense.
D. Developer shall provide traffic control for any work within the right-of-way.
16. OWNERSHIP OF IMPROVEMENTS. Upon completion and acceptance of the
work and construction required by this Agreement, the Public Improvements lying within public
right-of-way and easements shall become City Property without further notice or action. Those
improvements shall include but are not limited to the sanitary sewer,potable water system, storm
sewer, roads, sidewalks, trails, draintile, signage and street lighting (unless owned by the utility).
The extent of sewer and water service lines ownership is further defined in city code. The
Developer shall retain ownership and maintain all ponds and other erosion control measures, and
the Plat shall indicate an easement in favor of the Public for storm water use, access and
maintenance. However, the Developer shall maintain ponds and other erosion control measures
until the development is complete in conformance with this Agreement, and provided that the
VERSION FOR COUNCIL 05/22/2019 Page 9
engineer for Developer shall certify that the ponds have been cleaned and provide the designed
holding capacity prior to the City certifying the ponds. All of the easements set forth in this
Section must be reduced to writing and recorded on the Final Plat.
17. SUPERIOR RIGHT OF TITLE. The Developer agrees, and shall not cause any
mortgage, lien, easement, covenant or other encumbrance on title to the Land to be superior to
any right or title the Developer grants to the City for an easement, this Agreement, or any feature
included on the Final Plat, including covenants for the maintenance of common open space,
except by an express written authorization approved by the City Council.
18. ADMINISTRATION COSTS. The Developer shall reimburse the City for all of
the City's actual out-of-pocket expenses for this development including, but not limited to
expenses incurred for legal, planning, engineering services, development agreement compliance
and inspection services. The Developer shall deposit $20,000 and maintain with the City a
minimum of $10,000 cash escrow for payment of these accrued or future costs in the amounts
listed in city code. The City shall draw against the escrow to reimburse itself for all such costs.
The Developer agrees that the City has the right to request additional deposits from time to time
based on the City's estimates of future out-of-pocket costs and replenish such escrow. Unless
excused by the City Council, the Developer shall maintain the escrow for a period of one-year
after either the termination of this agreement or completion of all construction and landscaping,
whichever is a longer period. At the conclusion of construction in Phase 2, the parties will
negotiate a reduced amount of escrow to be held by the City until such time as this Agreement
terminates.
The City may halt plat development and construction for any unpaid bills until they are paid
in full and the escrow replenished to its original amount. Bills not paid within thirty (30) days
shall accrue interest at the rate of eighteen percent (18%) per year. City may at its option draw
against developer security to reimburse itself for such costs.
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Before the City signs the Final Plat, Developer must pay or satisfy all of these costs, and
any other unpaid governmental fees, assessments, judgments or real estate taxes, plus any
penalty and interest.
19. SECURITY. The amount of the Security is calculated as shown in Exhibit D.
These calculations are for historical reference, and are not a restriction on the use of the Security.
Security shall be calculated in an amount for features as set forth in Code Chapter of 153.
The Security shall be for a term ending November 30, 2022, and automatically renewing
thereafter unless notice of termination is provided to the City at least forty-five(45) days prior to the
end of the term or any renewal date. The notice given must comply with the formal Notice
provisions of this agreement. Individual security instruments may be for shorter terms provided
they are replaced at least thirty (30) days prior to their expiration. The City may draw down the
Security, with a written seven (7) day notice and seven (7) day right to cure by the Developer, for
any violation of the terms of this Agreement or if the Security is to be allowed to lapse prior to the
end of the required term or any renewal term. The notice and right to cure provisions shall be void
if the Security will expire in less than seven (7) days or upon discovery that the Security will not
automatically renew (if such discovery is on or after the date that is seven (7) days prior to
expiration of the Security). If the required Improvements are not completed at least thirty (30) days
prior to the expiration of the Security, the City may also draw it down. If the Security is drawn
down, the proceeds shall be used to cure the default or held until the Developer has completed the
Improvements.
The Security may be reduced from time to time pursuant to City policy regarding Security
reductions. Upon receipt of proof to the City that work has been satisfactorily completed, financial
obligations to the City and Developer's contractors have been satisfied, and the required "as built"
plans have been received by the City, the Security may be reduced from time to time pursuant to
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City policy regarding Security reductions. A minimum amount equal to ten percent (10%) of the
gross amount of the Security shall be retained for a period of one-year after termination of this
agreement or completion of all construction and landscaping,whichever is a longer period.
The terms and conditions set forth in the Section are separate and distinct from security
obligations to warranty improvements set forth elsewhere in this agreement.
20. CLAIMS & ACTIONS. In the event that the City receives notice of an audit or
review from a governmental agency related to this Land or Final Plat, or the City receives notice
of litigation regarding this Land or Final Plat, such claims will be forwarded to the Developer
who shall promptly indemnify and hold the City harmless and make it whole.
In the event that the City receives claims from laborers, materialmen, or others that work
required by this Agreement has been performed, the sums due them have not been paid, and the
laborers, materialmen, or others are seeking payment from the City, such claims will be
forwarded to the Developer who shall promptly process the claims and make sure that all valid
claims are paid. Developer agrees to indemnify and hold the City harmless in the event that the
City receives claims from (and uses reasonable diligence to authenticate said claims) labor,
materialmen, or others indicating that work required by this Agreement has been performed, the
sums due them have not been paid, and the laborers, materialmen, or others are seeking payment
from the City. The Developer hereby authorizes the City to commence an Interpleader action
pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts, to draw upon
the Security and Additional Security in an amount up to 150% of the claim(s) and deposit the
funds in compliance with the Rule, and upon such deposit, the Developer shall release,
discharge, and dismiss the City from any further proceedings as it pertains to the Security or
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Additional Security deposited with the District Court, except that the Court shall retain
jurisdiction to determine attorneys' fees pursuant to this Agreement.
21. FEES. The following fees are required by law to be included in this Agreement,
and shall apply to plat development(These fee calculations are contained in Exhibit E).
A. Park Dedication Fees
The Parties agree that the fair market value necessary to calculate the park dedication fee
shall be calculated as set forth in this section.
Phase 1: These fees shall be paid in an amount equal to 14 lots. The fee per lot equals the
stated amount in the City's fee schedule at the time a building permit is issued. The 14 lot fees
shall be paid on a per lot basis before issuance of each building permit.
The City will honor the amount of the per lot park dedication fee from the City's 2019
fee schedule for a period of twenty-four (24) months from the effective date of this Agreement.
The amount of that fee is currently equal to $3,000.00 per lot.
Phase 2: These fees shall be paid in an amount equal to 21 lots. The fee per lot equals the
stated amount in the City's fee schedule at the time a building permit is issued. The 21 lot fees
shall be paid on a per lot basis before issuance of each building permit for lots contained on
current Preliminary Plat, or for lots contained on the Final Plat adopted for Phase 2. In the event
the number of lot fees exceeds the number of lots on the Preliminary or Final Plat, the balance of
the lot fees shall be due when the first park dedication lot fee is paid for construction in Phase 2.
Storm Water Area Charge
These fees must be paid in full in cash upon execution of this Agreement and approval of
the Final Plat. Developer's failure to timely pay fees shall constitute a default, and be grounds for
denial of building permits.
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The following fees must be paid in full before a building permit shall issue.
A. Sewer Availability Charge (City)
B. Sewer Availability Charge (Metropolitan Council)
C. Water Availability Charge
22. FIXTURE INSTALLATION,ACCEPTANCE AND WARRANTY
A. The Developer shall be responsible for the cost and installation of public
improvement such as street lighting, street signs and traffic signs consistent with the Plans and
specifications approved by the City. Before the City signs the Final Plat, the Developer shall pay
these costs either to the City to procure or install same, take responsibility for procurement and
installation of same, or employ combination thereof. The cost of street lighting, street signs and
traffic signs installation is set forth in the attached table, Exhibit D.
B. Within 60 days after Developer delivers a complete set of reproducible "as
constructed" plans and a set of electronic format "as constructed" plans for the Developer
installed public improvements and a letter requesting acceptance by the City of such
improvements, City shall review said improvements and consent to and accept the public
improvements or provide Developer with a written notice of work that is unacceptable and what
is required to make the work acceptable to the City. Upon completion of corrections to the
unacceptable work, the developer shall, again, notify the City in writing and request acceptance
of the work. The timeline above, then resets. If the City fails to provide a written notice of
unacceptable work within 30 days, then the City shall be deemed to have accepted the public
improvements identified in the Developer's written request for acceptance.
C. The Developer warrants all Improvements required to be constructed by it
pursuant to this Agreement against poor material and faulty workmanship. The warranty period
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for underground utilities is two years from the date of acceptance by the City. If all
Improvements are installed by one contractor, the warranty period shall commence after the final
wear course has been completed and the City has accepted the streets, unless installation of the
wear course has been delayed by the City, in which case the two-year period shall commence on
the later of November 1, 2020, or the requested extension date requested by Developer pursuant
to Section 9 herein. If streets and underground utilities are installed by separate contractors, the
two (2) year warranty period on underground utilities shall commence following their
completion and acceptance by the City. The Developer or his contractor shall post security in
the amount of thirty-five percent (35%) of final construction costs to secure the warranties. The
Developer or his contractor may use the existing Letter of Credit or a maintenance bond to
satisfy this condition. The City standard specifications for utilities and street construction
identify the procedures for final acceptance of streets and utilities.
D. The Developer shall submit the Final Plat, construction plans and"as constructed"
plans in electronic format. The electronic format shall be either AutoCAD, .DWG file or a .DXF
file using Anoka County coordinates. The Developer shall also submit two (2) complete sets of
the final plat and construction plans on paper (22 x 34 or 24 x 36). The Developer is responsible
for supplying the county with appropriately formatted plat documents per their requirements.
23. DEVELOPER'S DEFAULT. In the event of default by the Developer as to any
of the work to be performed by it hereunder, the City may, at its option, perform the work and
the Developer shall promptly reimburse the City for any expense incurred by the City, provided
the Developer, except in an emergency as reasonably determined by the City, is first given notice
of the work in default, not less than 48 hours in advance. This Agreement is a license for the
City to act, and it shall not be necessary for the City to seek a Court order for permission to enter
VERSION FOR COUNCIL 05/22/2019 Page 15
the Plat. When the City does any such work, the City may, in addition to its other remedies,
assess the cost in whole or in part.
24. HOMEOWNERS ASSOCIATION. All common open space within Outlot A
must be conveyed to a homeowners' association or similar organization ("HOA") for the
perpetual maintenance of the planned development. The common open space must be conveyed
to the HOA subject to covenants, to be approved by the City Council, which restrict the common
open space to the uses specified on the final development plan, and which provide for the
perpetual maintenance of the common open space in a manner that assures its continuing use for
its intended purpose. The HOA must create a system for deeding the HOA to all lots, and include
the duty for each lot owner to perpetually fund the HOA. The HOA must identify ownership of
common property to include common lands, storm water features, common open space, and any
other common property; and to regulate and maintain same. The HOA must include a
mechanism for the City to enforce and operate the HOA in the event of a default. If Outlot A
contains common open space, the Developer shall create and record the HOA covenants against
all lots created after Final Plat, Phase One.
25. TRAIL CONSTRUCTION AND ADJACENT PROPERTIES.
Developer shall connect the roadway and public improvements within its development to
the roadway and public improvements existing at the north end of Revoir Street within the Plat
for Acorn Creek, Second Edition. Developer shall also construct a public trail from the cul-du-
sac in Block 1 of its development to the existing public trail at the northwest corner of Acorn
Creek Park. The design of the public trail shall be set forth in document incorporated into the
Plans, and Developer shall provide the public with an easement for the public trail constructed
pursuant to the Plans. The entire public trail shall be constructed during Phase One. Such
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roadway and public improvements shall include removal of the cul-du-sac on the north end of
the existing Revoir Street and modification of that cul-du-sac into a connector street and right-of-
way meeting the City's applicable standards. Subject to other formal licensure and technical
permits as set forth in this Agreement, the City grants the Developer permission to enter its
rights-of-ways and easements for the purpose of constructing the improvements contemplated in
this Section.
26. MISCELLANEOUS.
A. Third parties shall have no recourse against the City under this Agreement.
B. Breach of the terms of this Agreement by the Developer shall be grounds for
denial of building permits, until such breach is cured.
C. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this
Agreement is for any reason held invalid, such decision shall not affect the validity of the
remaining portion of this Agreement.
D. If building permits are issued prior to the completion and acceptance of Public
Improvements, the Developer assumes all liability and costs resulting in delays in completion of
Public Improvements and damage to Public Improvements caused by theDeveloper, its
contractors, subcontractors, materialmen, employees, agents, or third parties. No sewer and
water connection permits may be issued and no one may occupy a unit or building for which a
building permit is issued on a temporary or permanent basis until the streets needed for access
are in a plowable and maintainable state and the utilities are accepted by the City. The building
official, in consultation with public safety officials and the city engineer will make this
determination.
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E. The action or inaction of the City shall not constitute a waiver or amendment to
the provisions of this Agreement. To be binding, amendments or waivers shall be in writing,
signed by the parties and approved by written resolution of the City Council. The City's failure
to promptly take legal action to enforce this Agreement shall not be a waiver or release.
F. This Agreement shall run with the land and may be recorded against the title to
the Land as shown on the Plat for the Old Mill Estates. The Developer covenants with the City,
its successors and assigns, that the Developer is well seized in fee title of the subject property
and/or has obtained consents to this Agreement, in the form attached hereto, from all parties who
have an interest in the property; that there are no unrecorded interests in the property being
developed; and that the Developer will indemnify and hold the City harmless for any breach of
the foregoing covenants.
G. Developer shall take out and maintain or cause to be taken out and maintained
until six (6) months after the City has accepted the Public Improvements, public liability and
property damage insurance covering personal injury, including death, and claims for property
damage which may arise out of Developer's work or the work of its subcontractors or by one
directly or indirectly employed by any of them. Limits for bodily injury and death shall be not
less than $500,000 for one person and $1,000,000 for each occurrence; limits for property
damage shall be not less than $200,000.00 for each occurrence; or a combination single limit
policy of $1,000,000 or more. The City shall be named as an additional insured on the policy,
and the Developer shall file with the City a certificate evidencing coverage prior to the City
approving this Development Agreement. The certificate shall provide that the City must be
given ten (10) days advance written notice of the cancellation of the insurance. The certificate of
insurance shall substantially comply with the form attached hereto as Exhibit C.
VERSION FOR COUNCIL 05/22/2019 Page 18
H. Each right, power or remedy herein conferred upon the City is cumulative and in
addition to every other right, power or remedy, express or implied, now or hereafter arising,
available to City, at law or in equity, or under any other agreement, and each and every right,
power and remedy herein set forth or otherwise so existing may be exercised from time to time
as often and in such order as may be deemed expedient by the City and shall not be a waiver of
the right to exercise at any time thereafter any other right,power or remedy.
L The Developer may not assign this Agreement without the written permission of
the City Council. The Developer's obligation hereunder shall continue in full force and effect
even if the Developer sells one or more lots, the entire Plat, or any part of it.
J. The Developer shall hold the City and its officers, employees, and agents
harmless from claims or audits made by it and third parties for damages sustained or costs
incurred resulting from Plat development. The Developer shall indemnify the City and its
officers, employees, and agents for all costs, damages, or expenses that the City may pay or incur
in consequence of such claims or audits, including attorneys' fees.
K. Assumption Of The Risk. Developer accepts and understands that proceeding
with construction before Final Plat approval could create risks that the Plans, through no fault of
the Developer or City, could change at or before Final Plat approval. If the Development Plans
were to change in a manner that result in extra work or cost to Developer, the Developer accepts
that risk and assumes the liabilities associated with the risk of proceeding with work prior to
Final Plat approval.
L. No work, except grading as authorized under a separate grading permit, issued by
the City, shall take place prior to Final Plat recording.
VERSION FOR COUNCIL 05/22/2019 Page 19
M. This Agreement shall terminate and be of no further force or effect on the date
that all obligations of Developer (including warranty obligations) have expired, or upon such
earlier date as agreed to by City and Developer.
27. NOTICES. Required notices to the Developer shall be in writing, and shall be
either hand delivered to the Developer, its employees or agents, or mailed to the Developer by
certified mail at the following address:
ELMCREST VISTAS, LLC
James MacKinnon
1805 West Lake Street, 4101
Minneapolis, MN 55408
jamesdmackinnon@gmail.com
Notices to the City shall be in writing and shall be either hand delivered to the City
Administrator, or mailed to the City by certified mail in care of the City Administrator at the
following address:
City of Centerville
1880 Main Street
Centerville, MN 55038
With a copy to:
Smith & Glaser, LLC
Attention: Kurt B. Glaser
333 Washington Avenue North, Suite 405
Minneapolis, Minnesota 55104.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.
SIGNATURE PAGES FOLLOW.]
VERSION FOR COUNCIL 05/22/2019 Page 20
SIGNATURE PAGE TO SUBDIVISION AGREEMENT
Elmcrest Vistas, LLC
CITY OF CENTERVILLE
BY:
(SEAL) Jeff Paar, Mayor
AND
Mark Statz, City Administrator
STATE OF MINNESOTA )
ss.
COUNTY OF ANOKA )
The foregoing instrument was acknowledged before me this day of
2019, by Jeff Paar, Mayor, and by Mark Statz, City Administrator, of the City of Centerville, a
Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority
granted by its City Council.
NOTARY PUBLIC
VERSION FOR COUNCIL 05/22/2019 Page 21
SIGNATURE PAGE TO SUBDIVISION AGREEMENT
Elmcrest Vistas, LLC
DEVELOPER:
BY:
ITS:
STATE OF MINNESOTA )
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
2019, by , its
NOTARY PUBLIC
VERSION FOR COUNCIL 05/22/2019 Page 22
FEE OWNER CONSENT TO SUBDIVISION AGREEMENT
Elmcrest Vistas, LLC
Elmcrest Vistas, LLC, the fee owner of all or part of the subject property, the development of
which is governed by the foregoing Development/Subdivision Agreement, affirm and consent to
the provisions thereof and agree to be bound by the provisions as the same may apply to that
portion of the subject property owned by them.
DEVELOPER:
BY:
ITS:
STATE OF MINNESOTA )
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
2019, by , its
NOTARY PUBLIC
VERSION FOR COUNCIL 05/22/2019 Page 23
MORTGAGEE CONSENT TO SUBDIVISION AGREEMENT
Elmcrest Vistas, LLC
[NAME OF BANK HERE], a which holds
mortgage(s) on the subject property, the development of which is governed by the foregoing
Development/Subdivision Agreement, agrees that the Agreement shall remain in full force and
effect even if it forecloses on its mortgage(s).
Dated this day of , 2019.
MORTGAGEE
[NAME OF BANK HERE]
By:
Its:
STATE OF MINNESOTA )
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
2019, by , the
of[NAME OF BANK HERE], on behalf of
NOTARY PUBLIC
VERSION FOR COUNCIL 05/22/2019 Page 24
EXHIBIT "A" TO SUBDIVISION AGREEMENT
Elmcrest Vistas, LLC
Legal Description of Property Being Developed, situated in Anoka County, Minnesota:
PARCELS:
Plat for Old Mill Estates, adopted May 22, 2019.
Prior to adoption of Plat for Old Mill Estates, (the "Real Property"), legally described as:
The North Half of the North Half of the Northwest Quarter of the Southeast Quarter of
Section 14, Township 31, Range 22, Anoka County, Minnesota.
AND
The South Half of the North Half of the Northwest Quarter of the Southeast Quarter of
Section 14, Township 31, Range 22, Anoka County, Minnesota.
[REMAINDER OF PAGE LEFT BLANK]
VERSION FOR COUNCIL 05/22/2019 Page 25
EXHIBIT `B" TO SUBDIVISION AGREEMENT
Elmcrest Vistas, LLC
IRREVOCABLE LETTER OF CREDIT
No.
Date:
TO: City of Centerville
1880 Main Street
Centerville, MN 55038
Dear Sir or Madam:
We hereby issue, for the account of Elmcrest Vistas, LLC, a married couple, and in your
favor, our Irrevocable Letter of Credit in the amount of $304,698.00 available to you by your
draft drawn on sight on the undersigned bank.
The draft must:
a) Bear the clause, "Drawn under Letter of Credit No. dated
2019, of (Name of Bank)
b) Be signed by the Mayor or City Administrator of the City of Centerville.
c) Be presented for payment at (Address of Bank) **1 on or before 4:00 p.m. on
November 30, 2022.
This Letter of Credit shall automatically renew for successive one-year terms unless, at
least forty-five (45) days prior to the next annual renewal date (which shall be November 30 of
each year), the Bank delivers written notice to the Centerville City Administrator that it intends
to modify the terms of, or cancel, this Letter of Credit. Written notice is effective if sent by
certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty-five (45) days prior
to the next annual renewal date addressed as follows: Centerville City Administrator, Centerville
City Hall, 1880 Main Street, Centerville, MN 55038, and is actually received by the City
Administrator at least thirty (30) days prior to the renewal date.
This Letter of Credit sets forth in full our understanding which shall not in any way be
modified, amended, amplified, or limited by reference to any document, instrument, or
agreement, whether or not referred to herein.
This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than
one draw may be made under this Letter of Credit.
This Letter of Credit shall be governed by the most recent revision of the Uniform
Customs and Practice for Documentary Credits, International Chamber of Commerce Publication
No. 500.
VERSION FOR COUNCIL 05/22/2019 Page 26
We hereby agree that a draft drawn under and in compliance with this Letter of Credit
shall be duly honored upon presentation.
BY:
Its
**I Must be a location within 25 miles of City Of Centerville.
VERSION FOR COUNCIL 05/22/2019 Page 27
EXHIBIT "C" TO SUBDIVISION AGREEMENT
CERTIFICATE OF INSURANCE
PROJECT:
CERTIFICATE HOLDER:City of Centerville
1880 Main Street
Centerville, MN 55038
INSURED:
ADDITIONAL INSURED: City of Centerville
AGENT:
WORKERS' COMPENSATION:
Policy No.
Effective Date: Expiration Date:
Insurance Company:
COVERAGE - Workers' Compensation, Statutory.
GENERAL LIABILITY:
Policy No.
Effective Date: Expiration Date:
Insurance Company:
O Claims Made O Occurrence
LIMITS: [Minimum]
Bodily Injury and Death:
$500,000 for one person $1,000,000 for each occurrence
Property Damage:
$200,000 for each occurrence
-OR-
Combination Single Limit Policy $1,000,000 or more
COVERAGE PROVIDED:
Operations of Contractor: YES
Operations of Sub-Contractor(Contingent): YES
Does Personal Injury Include Claims Related to Employment? YES
Completed Operations/Products: YES
Contractual Liability (Broad Form): YES
Governmental Immunity is Waived: YES
VERSION FOR COUNCIL 05/22/2019 Page 28
Property Damage Liability Includes:
Damage Due to Blasting YES
Damage Due to Collapse YES
Damage Due to Underground Facilities YES
Broad Form Property Damage YES
AUTOMOBILE LIABILITY:
Policy No.
Effective Date: Expiration Date:
Insurance Company:
(X) Any Auto
LIMITS: [Minimum]
Bodily Injury:
$500,000 each person $1,000,000 each occurrence
Property Damage:
$500,000 each occurrence
-OR-
Combined Single Limit Policy: $1,000,000 each occurrence
ARE ANY DEDUCTIBLES APPLICABLE TO BODILY INJURY OR PROPERTY
DAMAGE ON ANY OF THE ABOVE COVERAGES:
If so, list: Amount: $
[Not to exceed $1,000]
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL TEN
(10) DAYS WRITTEN NOTICE TO THE PARTIES TO WHOM THIS CERTIFICATE
IS ISSUED.
Dated at On
BY:
Authorized Insurance Representative
VERSION FOR COUNCIL 05/22/2019 Page 29
EXHIBIT "D" TO SUBDIVISION AGREEMENT
Escrow for Public Improvements
Elmcrest Vistas, LLC
OLD MILL ESTATES
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VERSION FOR COUNCI 05%2 2019 Page 31
EXHIBIT "E TO SUBDIVISION AGREEMENT
Subdivision Fees
Elmcrest Vistas, LLC
Subdivision Fees- Exhibit E
NOTE 1: these fees do not include zoning applications or permit fees, orfees from other
governmental agencies
Park Dedication Fee
Per agreement, section 21.
Storm Water Area Charge
fee per city fee schedule (sq. ft.) 0.05739 per square foot
Plat, Phase 1(square feet) =303,030 303,030 square feet
$17,390.89 $17,390.89
Total Subdivision Fees $17,390.89
VERSION FOR COUNCIL 05/22/2019 Page 32
EXHIBIT "F TO SUBDIVISION AGREEMENT
Homeowners Association
Elmcrest Vistas, LLC
Formation & Governance Documents, and Sample Parcel Covenant
[EDITOR'S NOTE:
THIS SECTION WILL ONLY BE COMPLETED SHOULD DEVELOPER PLAN FOR
COMMON OPEN SPACE IN PHASE TWO OF DEVELOPMENT.]
VERSION FOR COUNCIL 05/22/2019 Page 33
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CITY OF CENTERVILLE
REQUEST FOR
COUNCIL ACTION Verville
Agenda Item# Department: Requested Council Meeting Date:
VIII.4.a Planning & Zoning 5/22/2019
TITLE OF ISSUE:
Midwest Best Water - Conditional Use Permit
BACKGROUND AND SUPPLEMENTAL INFORMATION:
Further information is provided in the attached planning memo.
COST AND SOURCE(S) OF FUNDING:
N/A
REQUESTED COUNCIL ACTION:
Motion to approve a Conditional Use Permit for Manufacturing/Assembly at 2021 Commerce Drive with the
associated Findings of Fact as recommended for approval by the Planning and Zoning Commission.
For Clerk's Use:
SUPPORTED DOCUMENTS ATTACHED
Motion By:
Resolution Ordinance Contract Minutes Plan Map
Second By:
Vote Record: Ave Nay
�� Lakso Other(specify) Plannig Memo, CUP
Love
Paar
Koski
Montain
Administration Department Use:
Refer to:
Consent
Tabled Until:
Regular
Other:
Sta ntec
733 Marquette Avenue, Suite 1000, Minneapolis, MN 55402
Memorandum
DATE: May 21, 2019
TO: Centerville Planning and Zoning Commission
FROM: Phil Carlson, AICP, Stantec, Senior Planner
RE: Midwest Best Water-Conditional Use Permit and Site Plan Review
2021 Commerce Drive
BACKGROUND �p
Midwest Best Water wants to locate in the
wwmmu w� ww�w�m �
City's business park on the property at
2021 Commerce Drive, the NE corner of
20t" Avenue and Commerce Drive.The
site was zoned B-1 but was recently
rezoned to I-1.
Midwest Best Water assembles, sells and
services Natural Pure fixtures or kiosks that
dispense drinking water at grocery stores l
and other places of business. They also
warehouse and distribute empty, plastic
water containers for use with their
machines. The business therefore fits the r
definition of "manufacturing, processing, r
assembly except recycling and waste
service" which is a Conditional Use in the
I 1 District, as well as warehouse/
distribution" which is a Permitted Use.
This memorandum will address both the
required Conditional Use Permit and Site
Plan review of the Midwest Best Water
project.
wifflh w,c)rr it nul,ill) II i ri ilrl,f;
May 21, 2019
Centerville Planning and Zoning Commission
Page 2 of 6
Midwest Best Water-Conditional Use Permit
PLANNING ISSUES
Existing Land Use
The proposed site for Midwest Best Water is
currently vacant and owned by the City. The
adjacent site to the east on Commerce Drive is
Ruffridge-Johnson, a company that leases
paving and construction equipment. Further east
of that is Sheehy Construction. South of
Commerce Drive is a City-owned parcel reserved
p
for ondingand south of that is a vacant site
owned by Rehbein Properties. North of the site - w
are various business uses fronting Main Street, and
on the west side of 20t" Avenue are office and
commercial uses zoned B-1.
Proposed Building
The proposed building is a 25,000-sq-ft, single story, multi-tenant building, taking access off
Commerce Drive. Parking is proposed on the south and west sides, with a large paved loading
area on the east/rear side. An access drive aisle is proposed around the building on the north side.
11
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May 21, 2019
Centerville Planning and Zoning Commission
Page 3 of 6
Midwest Best Water-Conditional Use Permit
Green Space and Landscaping0)))) 1yI'�11i11aiilllilllfl i� U111��JJJ1 �1f�lffff�� ,;
• Industrial uses are required by code to
have a minimum of 10%of the lot area in
green space. The site plan (top right) shows INh A
about 14,000 square feet, or 14%, of the 1
U
1 x { G
101 000 s -ft site as green space, so the
q g p
project meets this standard. Z
• Industrial parking lots are required by code �,�� ��r � �''�%�„y {,F�ya �
to have 3 percent within the parking area
"landscaped with grass and shrubbery and L o
other approved ground cover." The site
plan provides this, with over 6%of the 20`'ATTA7T
parking lot in green space (green areas
within blue dashed area, middle right).
• Industrial uses are required by code to
landscape the lot, including: ���
w
o One overstory tree for every 3,000 U
square feet of site area, including 1 "
tree for every 50 feet of boulevard. n
{u
The site is 101,000 square feet in X 0
area with 630 feet of street "
frontage. This requirement translates (1
to 34 overstory trees, of which 13 "
w
would be boulevard trees; and
z0"AiTHEE
o One foundation planting for every 11
/"' ,vr� Pam^� /'"'/f�'��I� P �°� �� 1�
10 lineal feet of building and x to
perimeter of parking area. Move some
overstory trees V
( to boulevard
1,14
• The landscape plan submitted (bottom r
right) has the required foundation , =
plantings and trees, but there are not
enough trees actually on the boulevard
as required. This can be remedied as
illustrated, makingsure there is ade uate
q
space, about 10', between the parking lot
edge and the lot line for the trees, Fl{ i�"Aiiniii lf.j w<;111 s w
especially on the west side where there is "'j
waft
a section of retaining wall. This may %
require slight adjustment of the site plan. 50 r,pax S11Dr1CJ1FI(.101r
20�`AVE\`GE
1 1g v'1I I ir ri inrt
I ��1U
May 21, 2019
Centerville Planning and Zoning Commission
Page 4 of 6
Midwest Best Water-Conditional Use Permit
Parking
Manufacturing uses are required to provide 3 parking spaces per 1,000 square feet of building.
Warehousing uses are required to provide 2 parking spaces per 1,000 square feet of building. The
proposed building is 25,000 square feet, with 15,000 of that area devoted to Midwest Best Water,
the remained in two spec spaces of 5,000 square feet each. A floor plan of the build-out of the
other spaces has not yet been submitted, so the parking required could be anywhere from 50 to
75 spaces. The project proposes 52 parking spaces for the 25,000-sq-ft building, or about
2.1/1,000.A reduction in the parking requirement can be approved within the CUP process.
Exterior Building Materials
The Zoning Code stipulates that "Industrial buildings are required to be constructed of brick,
decorative block or approved textured masonry product."The building is proposed to be built of
precast concrete panels, as illustrated in the partial elevation below. The exposed aggregate
precast concrete panels have been interpreted to meet this definition. The excerpts below show
the description of the materials and a color rendering of the fagade.
PREFINISHED METAL FLASHING------
COLGR #Z
PREFINISHED METAL FLASHING
COLOR ,#3
e
EXPOSED AGCRECATE
RAND M1 N{I}I yI PRECAST PANEL WITHIIIII'llllllllllllllllllllllllllll� IIIII IIIIIIIIII�IIIIIIIIIIIIIIIIIII
RANDOM COI PATTERN
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIII IIIIIIIIIIIIIIIIIIIIIIIIII
-z-
CLEAR INSULATING
NATURAL STONE VFNEER SOLAR RAN GLAZING
COLOR #4 �\� WITH LOW—E COATINC
0
v � ��� L IIII( I ;IIIII( I(I I III IIII IIIIII II 1111111
i Ill ll[I �� LL I, IIII Ih I I IIIII Ilall,l 1111
g ILI r r rI IInd
May 21, 2019
Centerville Planning and Zoning Commission
Page 5 of 6
Midwest Best Water-Conditional Use Permit
Outside Storage
Outside storage is not specifically noted on the site plan or other application materials and we
assume the rear loading area is for service and parking only and not for any kind of exterior
storage. We assume all business operations, equipment and materials will be handled within the
building.
RECOMMENDATION
Conditional Use Permit
The Zoning Code has specific criteria in 156.320(B)(2) for granting a Conditional Use Permit:
a) That the proposed building or use at the particular location requested is necessary or desirable to
provide a service or a facility which is in the interest of the public convenience and will contribute to
the general welfare of the neighborhood or city;
b) That the proposed building or use will not have a substantial or undue adverse effect upon adjacent
property, the character of the neighborhood, traffic conditions, utility facilities and other matters
affecting the public health, safety and general welfare; and
c) That the proposed building or use will be designed, arranged and operated so as to permit the
development and use of neighboring property in accordance with the applicable district
regulations.
There are a few elements of the project that relate to the use itself that are appropriate to
consider in granting a Conditional Use Permit or that are specifically noted in the code.
We recommend that the Planning and Zoning Commission recommend approval of a Conditional
Use Permit for Midwest Best Water with the following conditions:
1) Applicant and its tenants shall utilize the interior of the building. The Applicant and its
tenants will produce no noise, vibrations, air pollution, light pollution, fire hazards or noxious
emissions which will disturb or endanger neighboring properties.
2) Applicant shall store all parts, equipment, etc., associated with their businesses) within the
building at all times.
3) The reduced number of parking spaces, 52 vs. the required amount, is approved provided
the applicant submits a narrative explaining the anticipated use of the facility and the
parking needs; and that if, in the opinion of the City Administrator, there are parking
problems at the site the building owner will be required to add parking spaces or otherwise
address the issue.
I 1g ri v'1lI t i r r rrd
May 21, 2019
Centerville Planning and Zoning Commission
Page 6 of 6
Midwest Best Water-Conditional Use Permit
4) Applicant will follow the applicable standards and requirements of the City of Centerville
City Code, Rice Creek Watershed District, Anoka County, Army Corp of Engineers, FEMA,
Minnesota DNR and any other agency having jurisdiction over the property and shall
secure those same files with the City.
Findings of Fact for Conditional Use Permit
The Planning and Zoning Commission might consider the following Findings of Fact in support of
their recommendation on the Conditional Use Permit:
1) The proposed Midwest Best Water business is an appropriate use for the City's Industrial
district as a manufacturing and assembly operation.
2) The City's expectation of no exterior storage on site serves the goal of creating an
attractive high quality business environment in the business park.
3) The City's parking standards in the Zoning Code serve the goal of keeping vehicles parked
on private property and not creating traffic and parking problems on City streets.
4) The project as proposed with the additional conditions imposed by the City meets the
criteria for granting a Conditional Use Permit in Section 156.320(B)(2) of the Zoning Code.
Site Plan Review
We recommend that the Planning and Zoning Commission recommend approval of the Site Plan
for Midwest Best Water with the following conditions:
1) The applicant will revise the landscape plan showing at least one overstory tree for
every 3,000 square feet of site area, with 1 tree for every 50 feet of boulevard to be
located on the boulevards of Commerce Drive and 20t" Avenue. The site is 101,000
square feet in area with 630 feet of street frontage. This requirement translates to 34
overstory trees, of which at least 13 would be boulevard trees.
2) The site plan will accommodate the boulevard trees noted above within at least 10
feet of space between the edge of the parking lot and the lot line, or an opinion
from a registered landscape or nursery professional that the trees specified can
thrive in less than 10 feet, as provided on the site plan.
1 1g v'1l I ir r rrd
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
CITY OF CENTERVILLE
ANOKA COUNTY, MINNESOTA
APPROVAL OF CONDITIONAL USE PERMIT
1. Permit. Subject to the terms and conditions set forth herein, the City of Centerville hereby
grants approval of a conditional use permit for:
2. Property. The permit is for the following described property:
2021 Commerce Drive LOT 3 BLOCK 1 CLEARWATER BUSINESS
PIN 4R24-31-22-23-0018 PARK, EX RD SUBJ TO EASE OF REC
3. Conditions. This permit is issued subject to the following conditions:
a) This permit anticipates owner will use the site in conformance with the site plan attached
hereto and identified as Exhibit A.
b) Applicant and its tenants shall utilize the interior of the building to complete
manufacturing activities. The Applicant and its tenants only require minimal amounts of
raw materials, area and power. The Applicant and its tenants will produce no noise,
vibrations, air pollution, light pollution, fire hazard(s) or noxious emissions which will
disturb or endanger neighboring properties.
c) Applicant shall store all parts, equipment, etc., associated with their business(es)within
the building at all times.
d) Applicant has proposed use as being light assembly which is less intensive than other
uses allowing for deviation of required minimum parking allocations. A maximum of
52 spaces shall be required. The City reserves the right, when issues arise, to require
additional parking spaces as allowed by City Code.
e) Truck delivery vehicles to/from the facility shall not park or stack in que on area
roadways.
f) Applicant will follow the applicable standards and requirements of the City of
Centerville City Code, Rice Creek Watershed District, Anoka County, Army Corp of
Engineers, FEMA, Minnesota DNR and any other agency having jurisdiction over the
property and shall secure those same files with the City
g) Landowner shall be responsible for the continuing conformance with the permit and that
if the proposed use is not initiated within six (6) months of this date, the permit shall be
void.
h) The City reserves the right to annually review this permit for compliance with the
conditions and may impose additional conditions to mitigate unforeseen problems.
4. Criminal Penalty. Violation of the terms of this permit is a criminal misdemeanor.
Dated:
PROPERTY OWNER
BY:
Patrick McKasy
Its:
CITY OF CENTERVILLE
BY:
Jeff Paar, Mayor
Attest:
Teresa Bender, City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF ANOKA )
The foregoing was acknowledge before me this day of , 2019,
by Patrick McKasy, President of Midwest Best Water a Minnesota Corporation.
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF ANOKA )
The foregoing was acknowledge before me this day of , 2019,
by Jeff Paar, Mayor and Teresa Bender, Clerk of the City of Centerville a Minnesota municipal
corporation, on behalf of the corporation and pursuant to authority granted by its City Council.
Notary Public
Drafted by:
City of Centerville
1880 Main Street
Centerville, MN 55038
CITY OF CENTERVILLE
REQUEST FOR
COUNCIL ACTION Verville
Agenda Item# Department: Requested Council Meeting Date:
VI11A.b Planning & Zoning 5/22/2019
TITLE OF ISSUE:
Midwest Best Water - Facade Approval
BACKGROUND AND SUPPLEMENTAL INFORMATION:
The purchase agreement between the city and Midwest Best Water includes a provision to allow the city
approval of the facade design for the proposed building. Attached are color renderings of the facade.
COST AND SOURCE(S) OF FUNDING:
N/A
REQUESTED COUNCIL ACTION:
Motion to approve the design of the facade for the proposed building at 2021 Commerce Drive.
For Clerk's Use:
SUPPORTED DOCUMENTS ATTACHED
Motion By:
Resolution Ordinance Contract Minutes Plan Map
Second By:
Vote Record: Ave Nay
�� Lakso Other(specify) Color renderings of facade.
Love
Paar
Koski
Montain
Administration Department Use:
Refer to:
Consent
Tabled Until:
Regular
Other:
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CITY OF CENTERVILLE
REQUEST FOR
COUNCIL ACTION Verville
Agenda Item# Department: Requested Council Meeting Date:
IX.1 Engineering/Public Works 5/22/2019
TITLE OF ISSUE:
Downtown Street&Utility Project -Preliminary Survey and Feasibility Study Proposal
BACKGROUND AND SUPPLEMENTAL INFORMATION:
The city recently received news that it has been awarded a grant, through the County's Community
Development Block Grant program, of$210,032. This grant would provide a full subsidy for water service
connections to income qualifying homes in the downtown area and beyond. Staff is strongly recommending
that we accept this grant and initiate the long-awaited street and utility improvement project in the downtown.
There are sufficient funds in the street, water and stormwater funds to complete the project without bonding.
The first two steps in this process are a preliminary topographic survey and a feasibility report. This project
will be similar to projects completed in 2009 (Peltier Lk. Dr.), 2013 (Center St.) and 2015 (Robin Ln.). Staff
has solicited and reviewed a proposal from Stantec, the designer of the 3 previous projects, to assist with this
project as well.
COST AND SOURCE(S) OF FUNDING:
$34,700 - Street Fund/Water Fund/Stormwater Fund
REQUESTED COUNCIL ACTION:
Motion to approve the proposal from Stantec Consulting Services, Inc. for Preliminry Survey and Feasibility
Study services.
For Clerk's Use:
SUPPORTED DOCUMENTS ATTACHED
Motion By:
Resolution Ordinance Contract Minutes Plan Map
Second By:
Vote Record: Ave Nay
�� Lakso Other(specify) Proposal
Love
Paar
Koski
Montain
Administration Department Use:
Refer to:
Consent
Tabled Until:
Regular
Other:
(3 Sta ntec 2335 Highway 36 West,St. Paul MN 551 1 3-381 9
May 15, 2019
File: 193885141
Attention: Mr. Mark Statz, City Administrator
City of Centerville
1880 Main Street
Centerville, MN 55038
Reference: Proposal for Engineering Services— Downtown Street and Utility Reconstruction
Project
Dear Mark,
This letter outlines the Scope of Services and estimated costs for providing preliminary engineering for
Centerville's proposed downtown street and utility reconstruction project. The streets included in the project
include 2-1/2 blocks of Sorel Street, Goiffon Road, Progress Road south of Main Street, one block of
Centerville Road north of Main Street, and two blocks of Heritage Street. See the attached map of the
proposed project area. The improvements will generally include full reconstruction of the road with the
addition of curb and gutter, storm sewer improvements and the addition of water main and water service to
the existing residences that are currently served by private wells. The City has received a grant to extend
water service to income-qualified residents in the project area.
The preliminary engineering for this project would consist of the following tasks:
Topographic Survey/Feasibility Report/Preliminary Engineering Phase:
Task 1 —One meeting with the City to discuss the City's project goals, schedule, funding requirements and
other logistics.
Task 2—Preliminary survey to collect existing topographic information for preliminary and final design.
Includes two visits to the site, one for the initial survey, one for follow up if needed.
Task 3—Produce Feasibility Report meeting MN Chapter 429.031 requirements. Feasibility report will
identify improvement options, costs for financing and assessment purposes, proposed schedule,
and required easement acquisition, if any. This scope assumes that interaction with Rice Creek
Watershed District is not part of this scope and would occur in the subsequent design phase.
Proposed Schedule
A potential schedule for the feasibility report is as follows:
May 22, 2019 Authorization to begin work
May 28, 2019 Project meeting with City staff
June 14, 2108 Preliminary survey complete
July 10, 2018 Feasibility Report presented to City Council
The Topographic Survey/Feasibility Report/Preliminary Engineering Phase will be performed on an hourly
basis with an estimated fee of$34,700 including expenses. This is a not-to-exceed fee without prior
authorization. This scope and fee assume that the feasibility report process will commence from start to
C �'If ri l .tI'rh 1 1 "'nir«=
Mr. Mark Statz
Page 2 of 2
Reference: Proposal for Engineering Services—Downtown Street and Utility Reconstruction Project
finish with no interruption of engineering services. It is understood that the City will contract with a
geotechnical firm to obtain soil borings.
This letter and scope of services represents the understanding between the City and Stantec in respect to
the Project and may only be modified in writing signed by both of us and is subject to the current Master
Services Agreement between the City and Stantec.
If this letter satisfactorily sets forth conditions of our Agreement, please sign in the space below and
return one copy to our office. Thank you for the opportunity to provide these services.
CITY OF CENTERVILLE
By
Print Name and Title
Date
If you have any questions, need additional information,or wish to discuss this matter in greater detail, please
contact me.
Regards,
STANTEC CONSULTING SERVICES INC.
per`. ` . Sid
Lee M. Mann P.E. Kellie Schlegel, P.E.
Principal Project Engineer
612-712-2085 612-712-2125
Lee.mann@stantec.com Kellie.schlegel@stantec.com
c: file
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CITY OF CENTERVILLE
REQUEST FOR
COUNCIL ACTION Verville
Agenda Item# Department: Requested Council Meeting Date:
IX.2 Administration May 22, 2019
TITLE OF ISSUE:
Logo Development
BACKGROUND AND SUPPLEMENTAL INFORMATION:
The centerpiece of our rebranding effort is to create a new logo for the city. The rebranding committee has met
and compiled a "Core Essence" document, identifying the concepts that should be incorporated into our new
brand.
We have a few options for how to get a new logo produced. We have explored internet-based "contests" and
solicited proposals from local graphic artists. Explanations/proposals are attached.
COST AND SOURCE(S) OF FUNDING:
$1,500 - General Fund
REQUESTED COUNCIL ACTION:
Motion to accept the proposal from Lonni Olson Design for $1,500.
For Clerk's Use:
SUPPORTED DOCUMENTS ATTACHED
Motion By:
Resolution Ordinance Contract Minutes Plan Map
Second By:
Vote Record: Ave Nay
�� Lakso Other(specify) Proposals
Love
Paar
Koski
Montain
Administration Department Use:
Refer to:
Consent
Tabled Until:
Regular
Other:
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What is a Logo Desiglin ."ountest?
A logo des°'ggn contest'111C➢A1ogA1els cfl"o &gigsou.fl"6ngg of fi-elelgfsn e ggrapfillc des�'gnelrs across the g loll-)c
and 41vv ng, them to parfl6patel 41 a "comgredflon" on our ��,�,ll:)/jute- They y grar0c patc ll:)y.
s ullmnrn tfingg des'ggn concepts to ourwe][-)/jute- After a certam Ome, the contest holder choou�e's a
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�delas fi-om tons of"des�gnelrs at the same, thnel, They are, also aff'ordal-fle, as comparcd to tfic hassIc
of" orl<ing and wauflng for one, gg:rvapfii c des�'ggtler to come, pup wutfi your des� ggn, Mth
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Costs:
Base Fee $199
Processing Fee $40
"Upgrade" (gets access to top designers) $167
$406
Deliverables:
Original art work in "Vector" file (Adobe Illustrator, PDF, Encapsulated PostScript)
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Email: lonniCdlolsondesigns.com
DESIGN PROPOSAL
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• Initial meeting to discuss City's vision and intent, begin 2-4 hours
brainstorming scheme ideas. Subsequent discussions to
further refine ideas.
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• Development of 2-3 variations on the decided scheme. 3-6 hours
Presentation of design ideas via email for feedback.
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• Select one design from previous design options and 2-4 hours
refine this to meet the needs of the City.
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• Finalize the design and format as needed for the City's Ongoing
on-going use. Multiple file types provided as specifed.
• Multiple logos in all of above file types that are formatted
accordingly to the City's needs.
• Actual File Deliverables:
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All work is charged at an hourly rate of$551hour. Actual total project cost for all work and
deliverables is likely to not exceed your Estimated Total Investment below and could very
well come in below that. If scope extends beyond this proposal all work is billed at the
hourly rate.
Estimated Total Investment $1,500
a;l
INTRODUCTION
First off, thanks for giving me the opportunity to earn your business. Illlllllluuuni�^•
0mm
There are thousands of agencies and freelancers offering logo design services, and having the
opportunity to put a proposal in front of you is an honor not taken lightly. While pricing is an
obvious factor when choosing someone to hire for logo design services, there are a few other
factors which you should consider as well. In this proposal, I'll explain what those are, why they
matter, and then provide you with a clear pricing estimate.
THE LOGO DESIGN PROCESS
Your logo is a key pillar of your city's identity, and the process through which it is created and
refined is important to your long-term success. We see a lot of competitors who ask a handful
of questions before disappearing for a period of time, returning with a logo and an invoice. We
prefer to take a more collaborative approach that keeps you involved at every stage.
Here's what to expect:
1. Understanding Your Brand: We feel that your logo should communicate heritage, beauty,
building futures together and have a sense of community. We begin every logo design project
with a client interview, during which we'll attempt to build an understanding of the tangible and
intangible things that make your city unique. This can be done over the phone or I can visit your
office.
2. Concept: We don't want to waste your time with logos that don't fit your vision, and we don't
want to overwhelm you with dozens of options. By working with you to set a standard up front,
we'll be able to develop a handful of options that meet your expectations.
3. Review & Revise: We'll present you with a few options that we've created based on the
information you've given us. You'll have the opportunity to review each of them and provide
feedback for revisions. In many cases, our clients end up combining elements of several early
logo designs to create a final product they're happy with.
4. Delivery: Once we've crafted a logo design that you're happy with, we'll provide you with all
of the digital files you'll need to put the logo to good use, as well as a release granting you sole
ownership of your new City logo.
WHY HIRE US?
Here are a few key reasons why you'd benefit from hiring us over any other agency or
freelancer:
- We keep you involved at every step of the process. This improves results and makes the
entire logo design project progress faster.
- Your logo will be entirely original and crafted by an experienced logo designer.
- Your logo will be more than a flashy graphic - it will be a powerful visual manifestation of
your City's identity.
- You will have a specific Graphic Designer who will work with you throughout the project.
- We are a Full Service Sign & Print Shop we can complete your branding throughout the
community in both print and digital communication.
Illlllllluuuni^•
PRICING
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City of Centerville - Logo Design $2500 1 $2500
Subtotal $2500
TOTAL $2500
If you're ready to move forward with the project,just sign the logo design proposal below. I'll be
notified and reach out to schedule our next steps.
Call me with any questions!
Chandler Boyd
651 .464.6200
chandler@rapidpressprinting.com
Signature Date
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Teresa Bender
Fnmnn: Mark Statz
Sent: Tuesday, May 07' 20l04:20PK4
To: Teresa Bender
Cc: Paul Pa|zec Bruce De]ong
Subject: FVV 2020 Preliminary K4VVC Determination and Workshop—Centerville
Attachments: 2020 Preliminary-K4VVC Centen/i||e.pdf
Teresa,
Please put this in the INFO section of the CCpacket. You should also print this email toapdfso that CC members can
see the available dates for the workshop.
From: MVVC
Sent: Monday, May U6, ZU194:S7PM
To: Mark 3tatzx ; Paul Pa|zer
Subject: ZUZU Preliminary MVVC Determination and Workshop—Centerville
Dear Customer:
Plcuoc occ the attached P[)P file for your preliminary Municipal VVuotcvvutcr Charge (MVVC) for2020. The
Regional Wastewater Charge io planned tnincrease 3.0% for2020, which, combined with local and regional
flow, determines your MWC. If you have any questions, please use the contact infonnation below:
* Email:
° Phone: 6S1'6UZ'11S1 (Kyle Colvin) or6S1'6UZ'11ZS (Anna Besse|)
This customized information io provided tn support your communications with local leaders and decision-
makers and to address questions from the public. Please see the information on wastewater flow discharged
from your community tn the regional system, how the flow attributable to your community is calculated, and
rnup showing MCBS uoocto in your area. The MVVC is preliminary, and should provide you with useful
infoonationuo you proceed with developing your own local utility budget.
VVc would also like tn invite you tnthe MCBS 2019 Customer Budget Workshop. The uunuu] workshop is an
opportunity to discuss and provide input on MCES services, current topics, and the upcoming fiscal year budget
and rates.
* Thursday, May 23 from 9-10:30am at Minnetonka Community Center, Banquet Room; 14600 Minnetonka
Boulevard, Minnetonka, MN
* Thursday,June 6 from 1:30-3pm at League of Minnesota Cities, St. Croix Room; 145 University Ave.W., Saint
Paul, MN
VVc hope you can attend; please RSVP your intentions hycontacting Sara Running ut05|-002-|53| nr
sara.runninga.metc.
hy Friday, May |7.
z
INed S. Siry-iffl,-i
AEnvironmental Services
Director, Finance and Revenue
Off ce 6`3 1 602 1162 � Fax.613 1.602.114 7
ME"I"Pu)'P(M...]IM4
C 0 U N C 1 11 '390 Robert Street North I St.Paul,MN I 55101
City of Centerville Community Map; see next page for details.
For 2020,the estimated wastewater service fee for your community is
$238,037.20, a change of 3.51%from 2019.The table below details your
wastewater flow, in millions of gallons (mg), and allocated cost of service:
Community Allocation 2020 2019 2018
Metered flow(mg) 92.60 94.80
Unmetered flow(mg) -3.81 -3.81 ��w
--- --- --- ---- ----- et W,�.'A
Total flow(mg) 88.79 90.99 96.18
------- ------- ---- ------- ----------
Percent of regional flow 0.10% 0.10% 0.11% Ce'nfery lle
Municipal wastewater charge $238,037 $229,965 $232,904 ;
Cost change from prior 3.51% d--------------------1.26% 1.68%
Your fee is based on the portion of wastewater flow discharged from your
community to the regional system in the past year (2018) multiplied by the
regional wastewater charge for the next year(2020).Year-to-year changes
are affected by growth, water conservation, and inflow and infiltration.
Region 2020 2019 2018
Regional allocated flow(mg) 87,891.72 89,991 90,747
-------------------------------------------------------------------------------------------------
Flow change from prior -2.33% -0.83% 6.4%
----------------------------------------------------------------------------------------
Regional wastewater charge $235,629,000 $227.440,997 $219,749,756
------------------------------------------------------------------3.7 ------------------
Cost change from prior 3.6% 3.5% 0
Some wastewater may enter or leave your community but not be included in the metered flow total.These unmetered flows are
shown below. Assigned wastewater volumes per unit, such as single-family unit (SFU) or residential equivalent connection (REC),
vary based on past flow response to wet weather, age of services, and other available data.
Flow from Centerville= 0.00 mg; added to allocated flow:
To: I Calculation/Description 1st Q 2nd Q 3rd Q 4tn Q Notes
Flow to Centerville=-3.81 mg; deducted from allocated flow:
From: Calculation/Description 1st Q 2nd Q 3rd Q 4tn Q Notes
Lino Lakes 38 SFU x 100,000 0.94 0.95 0.96 0.96
Unmetered flow total =-3.81 mg
May 6, 2019
City of Centerville
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May 6, 2019