HomeMy WebLinkAbout2021-08-11 CC Packet
CITY OF CENTERVILLE
CITY COUNCIL MEETING AND CLOSED EXECUTIVE SESSION
AGENDA
Wednesday, August 11, 2021
6:30 p.m.
MEETING IS IN PERSON
CITY HALL COUNCIL CHAMBERS
LIVE-STREAM: https://northmetrotv.com/centerville-stream/
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. None
VII. CONSENT AGENDA
1. City of Centerville Claims through August 11, 2021 (Check #33945-33950 & Check
#34451-34469) & (1743-1747E) (pg.)
2. Centennial Lake Police Department Claims through August 5, 2021 (Check #13939-
13960) & (2021039E) (pg. )
3. Centennial Fire District Claims through August 10, 2021 (Check #9136-9140) (pg. )
VIII. OLD BUSINESS
1.
a. Purchase Agreement
IX. NEW BUSINESS
1. Peterson Shores
a. Final Plat
2. Ord. #XXX, Second Series Amending Ord. #111, Second Series Fee Schedule for
2021 (First Reading) (pg.
X. COUNCIL/ADMINISTRATOR ANNOUNCEMENTS
1.Administrator/Engineer Report
2.Council Reports
a.Lakso
Anoka County Fire Protection Council
Parks & Recreation
b. Koski
Fire Steering Committee
Planning & Zoning Commission
c. King
Economic Development Authority
d. Mosher
Economic Development Authority
Police Governing Board
e. Love
North Metro Telecommunications Commission
Police Governing Board
Fire Steering Committee
Other Mayoral Reports
XI. RECESS TO CLOSED EXECUTIVE SESSION
CLOSED EXECUTIVE SESSION
This portion of the meeting is closed pursuant to Minnesota Statute Section 13D.05, subdivision
3(c ), and is permitted to determine the asking price for, and to develop or consider offers or
counteroffers for the sale of Block 7, Centerville.
I. ROLL CALL
II. DISCUSSION
III. ADJOURN TO REGULAR CITY COUNCIL MEETING
XII. ADJOURNMENT
INFORMATIONAL MATERIAL
None
REMINDERS
esday, August 10, 2021** - New Date
08/05/21 3:47 PM
CITY OF CENTERVILLE
Page 1
Check Detail - through August 11, 2021
Check
DateCheck #Vender NameCommentsAmount
18/4/2021001743EPSNPSN ACH CHARGES - UTILITY BILLING$341.82
18/4/2021001743EPSNPSN ACH CHARGES - UTILITY BILLING$341.83
18/4/2021001743EPSNPSN ACH CHARGES - MISC (UTBILLING)$2.44
18/4/2021001743EPSNPSN ACH CHARGES - MISC (UTBILLING)$2.45
18/4/2021001743EPSNPSN ACH CHARGES - MISC$6.96
18/4/2021001743EPSNPSN CHARGES - PERMITS & FEES$106.98
Check Nbr 001743 PSN$802.48
18/5/2021001744EOPTUM BANK - H.S.A.H.S.A W/H - PAY PERIOD 16$1,296.33
Check Nbr 001744 OPTUM BANK - H.S.A.$1,296.33
18/5/2021001745EMINNESOTA DEPT OF REVENUESTATE W/H - PAY PERIOD 16$1,146.35
Check Nbr 001745 MINNESOTA DEPT OF REVENUE$1,146.35
18/5/2021001746EIRS/EFTPSFED W/H - PAY PERIOD 16$2,646.83
18/5/2021001746EIRS/EFTPSFICA/MED W/H - PAY PERIOD 16$4,429.08
Check Nbr 001746 IRS/EFTPS$7,075.91
18/4/2021001747EPERAPERA W/H - PAY PERIOD 16$3,467.65
Check Nbr 001747 PERA$3,467.65
18/11/2021033945 A-1 EXCAVATING INC.PAY REQUEST 10 - 2020 DT AREA STR & UT IMPROV$121,721.34
Check Nbr 033945 A-1 EXCAVATING INC.$121,721.34
18/11/2021033946 AIRFRESH INDUSTRIES, INC.PORTABLE RESTROOMS$672.00
18/11/2021033946 AIRFRESH INDUSTRIES, INC.PORTABLE RESTROOMS - EXTRA CLEANINGS$72.00
Check Nbr 033946 AIRFRESH INDUSTRIES, INC.$744.00
18/11/2021033947 ALLSTREAMPHONE SERVICE THRU 8-22-21$102.81
Check Nbr 033947 ALLSTREAM$102.81
18/11/2021033948 ANOKA COUNTY PROPERTY RECORDS2323964.002 - 1953 EAGLE TRAIL$46.00
18/11/2021033948 ANOKA COUNTY PROPERTY RECORDS589807.001 - 1817 PRAIRIE DE$46.00
Check Nbr 033948 ANOKA COUNTY PROPERTY RECORDS$92.00
18/11/2021033949 ASCAPLICENSE FEE FOR MUSIC IN THE PARK$367.00
Check Nbr 033949 ASCAP$367.00
18/11/2021033950 CENTENNIAL LAKES POLICE DEPTPOLICE SERVICES-AUGUST 2021$70,832.83
Check Nbr 033950 CENTENNIAL LAKES POLICE DEPT$70,832.83
18/11/2021034451 CITY OF CENTERVILLE - MASTERCAOFFICE SUPPLIES$39.15
18/11/2021034451 CITY OF CENTERVILLE - MASTERCAENDICIA$9.95
18/11/2021034451 CITY OF CENTERVILLE - MASTERCACANDY FOR OPEN HOUSE (FETE) & BAGS FOR EDA$508.07
18/11/2021034451 CITY OF CENTERVILLE - MASTERCAM. STATZ CONFERENCE$520.00
18/11/2021034451 CITY OF CENTERVILLE - MASTERCADOCKING STATIONS/MONTIOR/POWER CORD$358.47
18/11/2021034451 CITY OF CENTERVILLE - MASTERCAZOOM$14.99
18/11/2021034451 CITY OF CENTERVILLE - MASTERCAFUEL$577.77
18/11/2021034451 CITY OF CENTERVILLE - MASTERCAOPERATING SUPPLIES$833.89
18/11/2021034451 CITY OF CENTERVILLE - MASTERCAFUEL$403.65
18/11/2021034451 CITY OF CENTERVILLE - MASTERCASUPPLIES$103.69
18/11/2021034451 CITY OF CENTERVILLE - MASTERCACASE FOR PHONE$13.92
18/11/2021034451 CITY OF CENTERVILLE - MASTERCAPARTS FOR TRUCK$91.02
18/11/2021034451 CITY OF CENTERVILLE - MASTERCAVEHICLE MAGNETS$333.40
18/11/2021034451 CITY OF CENTERVILLE - MASTERCAMAIN STREET MARKET SUPPLIES$21.40
18/11/2021034451 CITY OF CENTERVILLE - MASTERCADOGGIE SUPPLIES FOR PARKS$201.66
18/11/2021034451 CITY OF CENTERVILLE - MASTERCACREDIT ON SALES TAX-$13.54
Check Nbr 034451 CITY OF CENTERVILLE - MASTERCA$4,017.49
18/11/2021034452 CITY OF ROSEVILLEIT SUPPORT SERVICES FOR AUGUST 2021$592.89
18/11/2021034452 CITY OF ROSEVILLEIT SUPPORT SERVICES FOR AUGUST 2021$592.88
18/11/2021034452 CITY OF ROSEVILLEIT SUPPORT SERVICES FOR AUGUST 2021$592.89
18/11/2021034452 CITY OF ROSEVILLEIT SUPPORT SERVICES FOR AUGUST 2021$592.89
Check Nbr 034452 CITY OF ROSEVILLE$2,371.55
08/05/21 3:47 PM
CITY OF CENTERVILLE
Page 2
Check Detail - through August 11, 2021
Check
DateCheck #Vender NameCommentsAmount
18/11/2021034453 CONNEXUS ENERGYSTREET LIGHTS - 395653-219678 - SERV THRU 7-27-21$53.78
18/11/2021034453 CONNEXUS ENERGYSTREET LIGHTS - 395653-219699 - SERV THRU 7-27-21$66.20
18/11/2021034453 CONNEXUS ENERGY7100 20TH AVE N - TRAFSG - SERV THRU 7-27-21$88.15
18/11/2021034453 CONNEXUS ENERGY6800 20TH RADIO FOR SCADA - SERV THRU 7-27-21$3.81
18/11/2021034453 CONNEXUS ENERGY6800 20TH RADIO FOR SCADA - SERV THRU 7-27-21$3.82
18/11/2021034453 CONNEXUS ENERGY6900 20TH AVE - LIFT STATION - SERV THRU 7-27-21$74.38
18/11/2021034453 CONNEXUS ENERGY2085 W CEDAR ST - P.W. - SERV THRU 7-27-21$474.67
Check Nbr 034453 CONNEXUS ENERGY$764.81
18/11/2021034454 GOPHER STATE ONE CALL INCSERVICES THRU JULY 2021$44.55
18/11/2021034454 GOPHER STATE ONE CALL INCSERVICES THRU JULY 2021$44.55
Check Nbr 034454 GOPHER STATE ONE CALL INC$89.10
18/11/2021034455 GREEN LIGHTS RECYCLING, INC.RECYCLING EVENT - JULY$2,002.93
Check Nbr 034455 GREEN LIGHTS RECYCLING, INC.$2,002.93
18/11/2021034456 HAWKINS INC.CHEMICALS$1,411.31
Check Nbr 034456 HAWKINS INC.$1,411.31
18/11/2021034457 HUGO EQUIPMENT COMPANY3/8 .050 CHAIN$19.99
Check Nbr 034457 HUGO EQUIPMENT COMPANY$19.99
18/11/2021034458 HUGO PLUMBING & PUMP SERVICEOVER PD P21-048 7246 MILL RD - PERMIT$5.00
Check Nbr 034458 HUGO PLUMBING & PUMP SERVICE$5.00
18/11/2021034459 LANGERS TREE SERVICE6925 CENTERVILLE RD - REMOVE LARGE COTTONWOOD THA$500.00
Check Nbr 034459 LANGERS TREE SERVICE$500.00
18/11/2021034460 LEAGUE OF MN CITIES INS TRUSTFIREWORKS - 2021 FETE DES LACS$225.00
Check Nbr 034460 LEAGUE OF MN CITIES INS TRUST$225.00
18/11/2021034461 LEO A DALYPROFESSIONAL SERVICES THRU 7-23-21$153.66
Check Nbr 034461 LEO A DALY$153.66
18/11/2021034462 NATIONWIDE RETIREMENT SOLUTIONDEF COMP - PAY PERIOD 15$1,803.33
18/11/2021034462 NATIONWIDE RETIREMENT SOLUTIONDEF COMP - PAY PERIOD 16$1,803.33
Check Nbr 034462 NATIONWIDE RETIREMENT SOLUTION$3,606.66
18/11/2021034463 NORTHERN LIGHTS SOUND, LIGHT &FESTIVAL MUSIC 730 TO 1030 PM$795.00
Check Nbr 034463 NORTHERN LIGHTS SOUND, LIGHT &$795.00
18/11/2021034464 REHBEINS BLACK DIRTDIRT FOR PARK$135.00
Check Nbr 034464 REHBEINS BLACK DIRT$135.00
18/11/2021034465 REPUBLIC SERVICES, INC.GARBAGE SERVICE FOR JULY 2021$16,694.75
18/11/2021034465 REPUBLIC SERVICES, INC.RECYCLING SERVICE FOR JULY 2021$4,546.34
Check Nbr 034465 REPUBLIC SERVICES, INC.$21,241.09
18/11/2021034466 SAFEGUARD SECURITYAUGUST 2021 - MONTHLY FIRE ALARM SERVICES - CITY HALL$44.95
Check Nbr 034466 SAFEGUARD SECURITY$44.95
18/11/2021034467 TASCADMINISTRATIVE FEE - COBRA - SERV THRU 9-30-21$10.00
Check Nbr 034467 TASC$10.00
18/11/2021034468 TIMESAVER OFF SITE SECRETARIALP & Z MINUTES$547.00
18/11/2021034468 TIMESAVER OFF SITE SECRETARIALCITY COUNCIL MINUTES$151.00
Check Nbr 034468 TIMESAVER OFF SITE SECRETARIAL$698.00
18/11/2021034469 STEENBERG, KRISTINEFACE PAINTER FOR MAIN STREET MARKET$100.00
Check Nbr 034469 STEENBERG, KRISTINE$100.00
$245,840.24
CENTENNIAL LAKES POLICE DEPTCheck Register - POLICEPage: 1
Check Issue Dates: 7/23/2021 - 7/29/2021Jul 29, 2021 11:15AM
Report Criteria:
Report type: Summary
Check NumberCheck Issue DatePayeeAmount
1393907/29/2021AID ELECTRIC CORPORATION4,146.83
1394007/29/2021AWARDS BY HAMMOND, INC18.00
1394107/29/2021CLIMATE MAKERS, INC.5,241.75
1394207/29/2021DEAN'S REPAIR & RESTORATIONS50.00
1394307/29/2021DON'S CIRCLE SERVICE28.00
1394407/29/2021KENNEDY & GRAVEN, CHARTERED60.00
1394507/29/2021PURCHASE POWER INC108.99
1394607/29/2021CITY OF ROSEVILLE35.00
1394707/29/2021STREICHER'S, INC400.00
Grand Totals: 10,088.57
M = Manual Check, V = Void Check
CENTENNIAL LAKES POLICE DEPTCheck Register - POLICEPage: 1
Check Issue Dates: 7/30/2021 - 8/5/2021Aug 05, 2021 08:59AM
Report Criteria:
Report type: Summary
Check NumberCheck Issue DatePayeeAmount
1394808/05/2021ANOKA COUNTY683.17
1394908/05/2021ANOKA CO TREASURY OFFICE75.00
1395008/05/2021ASPEN MILLS, INC1,025.40
1395108/05/2021CENTURY LINK124.98
1395208/05/2021CONSOLIDATED COMMUNICATIONS401.17
1395308/05/2021COVERALL NORTH AMERICA, INC780.00
1395408/05/2021DEPUTY REGISTRAR #15025.00
1395508/05/2021EMERGENCY CONTRACTORS815.00
1395608/05/2021IMAGE PRINTING & GRAPHICS, INC248.80
1395708/05/2021CITY OF ROSEVILLE4,527.75
1395808/05/2021SHRED-N-GO, INC66.75
1395908/05/2021TRANSUNION RISK & ALTERNATIVE75.00
1396008/05/2021VERIZON WIRELESS1,160.63
202103908/05/2021DELTA DENTAL1,161.20
Grand Totals: 11,169.85
M = Manual Check, V = Void Check
CENTENNIAL FIRE DISTRICTCheck Register - FIREPage: 1
Check Issue Dates: 7/28/2021 - 8/10/2021Aug 05, 2021 04:20PM
Report Criteria:
Report type: Summary
Check NumberCheck Issue DatePayeeAmount
913608/10/2021ANOKA COUNTY TREASURY DEPT.112.50
913708/10/2021IMAGE PRINTING & GRAPHICS INC89.93
913808/10/2021MACQUEEN EMERGENCY404.28
913908/10/2021VERIZON WIRELESS140.04
914008/10/2021WEX BANK525.12
202101208/10/2021US BANK120.70
Grand Totals: 1,392.57
M = Manual Check, V = Void Check
CITY OF CENTERVILLE
REQUEST FOR
COUNCIL ACTION
Agenda Item # Department: Requested Council Meeting Date:
August 11, 2021
City Administrator
VIII.1
TITLE OF ISSUE:
Block 7 Purchase Agreement For City To Sell Block 7 To Centra Homes
BACKGROUND AND SUPPLEMENTAL INFORMATION:
The attached version of the Purchase Agreement affirmatively addresses each of the three issues raised by the
Council, highlighted (in blue):
- Project delays are capped at a maximum of 24 months. ("Force Majeure" Clause, Section 5.A.)
- The property will be returned to the City if improvements are not completed within 24 months. ("Reverter"
Clause, Section 5.B.)
- The Developer will put funds in escrow to assure funding of the Homeowners Association in the event the
project fails in the middle of construction and sale of units. ("HOA Pre-Funding" Clause, Section 5.D.)
City Administrator and City Attorney recommend acceptance of this Purchase Agreement.
If the Purchase Agreement is accepted, next steps would be drafting of site plans and a developer's agreement.
COST AND SOURCE(S) OF FUNDING:
Per attached Financial Commitment.
REQUESTED COUNCIL ACTION:
Motion to approve the attached Purchase Agreement with Centra North, LLC.
SUPPORTED DOCUMENTS ATTACHED
Motion By: ____________________________________
Resolution Ordinance Contract Minutes Plan Map
Second By: ____________________________________
Vote Record: Aye Nay
_____
_____
Other (specify) ____________
_____ _____ Love
_____ _____
_______________________________________________________________
_____ _____ Koski
_____ _____ Montain _______________________________________________________________
Administration Department Use:
Refer to: _________________________________
Consent
Tabled Until: ______________________________
Regular
Other: ___________________________________
REAL ESTATE PURCHASE AGREEMENT
THIS AGREEMENT August 2021
by and between the CITY OF CENTERVILLE, a Minnesota municipality (referred to herein as
"Seller") and CENTRA NORTH, LLC, a Minnesota limited liability company, or
its assigns ("Buyer").
R E C I T A L S
WHEREAS, the Seller owns real property located in the City of Centerville, Anoka County,
Minnesota, as legally described on Exhibit A attached to this Agreement (the ,
which Real Property contains approximately 1.61 acres (approximately 70,232 square feet) and
WHEREAS, Seller agrees to sell to Buyer and Buyer agrees to purchase from Seller the
Real Property pursuant to the terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of the covenants contained herein and other good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the
parties agree, for themselves, their successors and assigns as follows
1. SALE OF PROPERTY. Seller agrees to sell to Buyer and Buyer agrees to
purchase from Seller, fee title in and to the Real Property, together with all easements and/or
rights benefiting or appurtenant to the Real Property, title or interest in any public streets or other
licenses, or other approvals issued in connection with the Real Property.
2. PURCHASE PRICE AND MANNER OF PAYMENT. The total purchase price
("Purchase Price") to be paid by Buyer for the Property will be One Dollar and No/100 Dollar
($1.00), and payable as follows:
A. Earnest Money.
(i) One Dollar and No/100 Dollar ($1.00), as earnest money ("Earnest
Money"). The Earnest Money is to be deposited into the trust account
of Berglund, Baumgartner, Kimball, & Glaser, LLC, or such other entity
at the discretion of the Buyer (the "Deposit Account"). The Deposit
Account shall be delivered to Seller on the Closing Date as defined in
this Agreement or as otherwise provided in this Agreement. The term
Earnest Money will also include any accrued interest.
(ii) The Earnest Money is refundable and applicable to the Purchase Price,
upon deposit unless, the Buyer exercises any right to terminate this
Agreement.
B. Balance of Purchase Price. Any balance of the Purchase Price
(
3. REPRESENTATIONS AND WARRANTIES BY SELLER. Seller represents and
warrants to Buyer as follows:
A. Authority. The terms of this Agreement have been properly approved by
the Seller, including, without limitation, as evidenced by the adoption of any requisite City
Council resolutions, the Seller has complied with all applicable laws regarding the sale of
public property to a private party, and the parties executing this Agreement on behalf of
the Seller have been duly authorized to execute this Agreement and to bind the Seller to
the terms hereof. All documents executed by Seller which are to be delivered at the
Closing are duly authorized, executed, and delivered by the Seller, are legal, valid, and
binding obligations of Seller, are sufficient to convey title and do not violate any provisions
of any agreement to which Seller is a party or to which it is subject.
B. Title to Real Property. Seller owns fee title to the Real Property, free and
clear of all encumbrances and there are no leases or other agreements granting third
parties any right to possess or purchase any portion of the Real Property being sold.
C. Utilities. The Real Property has services nearby to supply water, storm
sewer and sanitary sewer and Seller has received no notice of actual or threatened
reduction or curtailment of any utility service now supplied to the Real Property. Aspects
related to adequacy of existing services will
be set forth in the Development Agreement to be entered into by and between Seller and
Buyer as contemplated by Section 3.M hereof.
D. Environmental Laws. the Real Property does not
contain any toxic or hazardous substances or wastes, pollutants or contaminants
(including, without limitations, asbestos, urea formaldehyde, the group of organic
compounds known as polychlorinated biphenyls, petroleum products including gasoline,
fuel oil, crude oil and various constituents of such products, and any hazardous substance
as defined in the Comprehensive Environmental Response, Compensation and Liability
Act of 1980 ("CERCLA"), 42 U.S.C. § 9601.9657, as amended)
have been generated, treated, stored, released or disposed of, or otherwise placed,
deposited in or located on the Real Property in violation of applicable laws or regulations,
nor to the best knowledge of Seller, has any activity been undertaken on the Real Property
that would cause or contribute to (i) the Real Property becoming a treatment, storage or
disposal facility within the meaning of and in violation of the Resource Conservation and
Recovery Act of 1976, ("RCRA"), 42 U.S.C. § 6901 et seq., or any similar state law or local
ordinance, (ii) a release or threatened release of Hazardous Substances from the Real
Property within the ambit of CERCLA or any similar state law or local ordinance, or (iii) the
discharge of pollutants or effluents into any water source or system, the dredging or filling
of any waters or the discharge into the air of any emissions, that would require a permit
under the Federal Water Act, 33 U.S.C. § 1251 et seq., or the Clean Air Act, 42 U.S.C.
§7401, et seq., or any similar state law or local ordinance.
site was cleaned of contaminants and inspected by the Minnesota Pollution Control
Agency, which identified this site as Leak 7546.
E. Rights of Others to the Real Property. Seller has not entered into any
other contracts for the sale of the Real Property, nor are there any rights of first refusal or
options to purchase the Real Property or any other rights of others that might prevent the
consummation of this Agreement. As of the date of this Agreement and the Closing Date,
there are no agreements or understandings between Seller and any other parties which
materially affect the operation or financing of the Real Property as currently operated by
Seller that have not been disclosed to Buyer pursuant to this Agreement.
2
F. Seller's Defaults. Seller is not in default concerning any of its obligations
or liabilities regarding the Real Property.
G. FIRPTA. Seller is not a "foreign person", "foreign partnership", "foreign
trust" or "foreign estate" as those terms are defined in Section 1445 of the Internal
Revenue Code.
H. Proceedings. There is no action, litigation, investigation, condemnation,
or proceeding of any kind pending or to the best knowledge of Seller, threatened against
Seller or any portion of the Real Property.
I. Insurance. As of the date of this Agreement and the Closing Date, Seller
has received no notice or complaint from any insurance underwriter relating to the
condition of or operations of the Real Property, and Seller represents that Seller has
maintained adequate ge
J. Well Disclosure/Storage Tanks. There are no wells, monitoring wells or
storage tanks on the Real Property within the meaning of Minn. Stat. § 103.I. This
warranty is given pursuant to Minn. Stat. § 103.I.
K. Methamphetamine Production
methamphetamine production has occurred on the Real Property.
L. Special Assessments. There are no pending or levied assessments in
connection with the Real Property. The Buyer has agreed to make in kind payments
related to assessments as part of its financial commitments as set forth in Exhibit B and
Exhibit C, hereto.
M. Documents. Seller has or will promptly provide Buyer accurate and
possession regarding the Real Property.
N. Community Development Block Grants. Seller used funds from
Community Development Block Grants to improve the Real Property. These Grants
created conditions that run with the land and will bind future owners. Buyer is required to
obey these conditions as set forth in the Grant documents. Buyer agrees and shall conform
to all requirements of the Grants as if it were the Seller, and in the event that Buyer does
not honor these obligations, and if such failure continues for a period of thirty (30) days
after written notice thereof, Seller shall have the right to take any action it deems
necessary to conform to the Grants obligations. Buyer and Seller agree to transfer the
obligations and conditions set forth in this subparagraph into a future Developers
Agreement between the parties.
O. Memorandum Of Understanding. The parties previously executed a
Memorandum of Understanding, a copy of which is attached hereto and incorporated
, a copy of which is attached hereto and incorporated herein
as Exhibit C ( the terms and conditions of the MOU and the
Buyer RFP Response are incorporated into this Agreement by reference. Buyer and Seller
3
agree to transfer the obligations and conditions set forth in this subparagraph into a future
Developers Agreement between the parties.
nd warranties survive Closing. Seller will defend, indemnify and
hold Buyer harmless from any claims arising o
warranties.
4. CONDITIONS PRECEDENT.
A. Pre-Closing Conditions. Unless otherwise set forth herein, the obligations
of Buyer under this Agreement are expressly contingent upon the satisfaction of each of
the following conditions to be satisfied or waived Pre-
Closing Conditions on or before one hundred eighty (180) days from the Effective Date
, as may be extended pursuant to Sections 4.A(ii) or 17:
(i) Due Diligence. Buyer may perform, at its sole cost and expense,
examinations and inspections relative to the economic and physical feasibility of
the Real Property as Buyer determines in its sole and absolute discretion,
including, without limitation, engineering studies, wetland delineation, market
analysis, financial feasibility analysis including the availability of financing, and
Seller agrees to
promptly provide Buyer with all readily available property information to assist in
If such Tests reveal any condition or circumstances which Buyer finds
has
the right and option to terminate this Agreement by written notice delivered to
Seller on or before the Condition Date as set forth herein, at which time the Earnest
Money will be refunded to Buyer, and this Agreement will be of no further force or
effect.
(ii) Documents. Within five (5) days of the Effective Date, Seller will
provide to Buyer all
the Real Property, including, without limitation, any municipal or governmental
approvals for the Real Property, any notices or correspondence from any
governmental agency, resolutions, agendas, staff reports, studies, analysis, tax
statements, permits, soil reports, environmental assessment, leases, surveys,
t to the Minnesota Data
Practices Act.
(iii) Construction Financing. Buyer determines that competitive lending
intended use of the Real Property, under terms and conditions acceptable to Buyer
in its sole and absolute discretion.
(iv) Approvals. all Approvals (as that term is defined
herein) Buyer deems necessary from the City and any other applicable
ll under
terms and conditions acceptable to Buyer in its sole discretion, including, without
limitation: (a) approval of the re-zoning, planned unit development or conditional
4
use permit, if required, of the Real Property for the Project (as that term is defined
herein), (b) approval of the site plan, (c) approval of the Final Plat (as that term is
defined herein, together with a development agreement with the City, and any
other agreements necessary for the installation (and payment thereof) of utilities,
public streets and other infrastructure that serve the Real Property now or in the
future , and (d) all permits
required for the Project, including a building permit, issued by the City, allowing
for the construction of up to a 26 units of townhomes on the Real Property (the
(which may be issued after the Condition Date, but on or before the
Closing Date) ((a) through (d) are hereinafter collectively referred to as
Buyer shall be solely responsible for all costs associated with
obtaining the Approvals. Buyer will pay the building permit costs that are related
directly to the Project.
(v) The Final Plat. The City shall adopt, a resolution approving any
requisite final plat of the Real Property, vacating any existing public easements or
granting any easements required for the Project (collectively, the if the
Real Property is not currently a separate tax parcel. Buyer shall be solely
responsible for all of the costs associated with the preparation of the preliminary
plat and Final Plat. Seller shall be responsible for the recordation of the Final Plat
on or before Closing.
Pre-Closing Conditions on or before the
Condition Date, Buyer may, at its sole and absolute discretion, by written notice to Seller
given on or before 5:00 p.m. Minnesota time on the Condition Date, terminate this
Agreement and the Earnest Money will promptly be returned to Buyer and neither Buyer
nor Seller will have any further right, privilege, duty or obligation under this Agreement,
(unless exclusively set forth herein). Failure of Buyer to give Seller notice of its election
to terminate this Agreement prior to the Condition Date constitutes waiver by Buyer of the
Pre-Closing
Condition by written notice to Seller.
B. Closing Conditions. The following conditions are conditions precedent to
(collectively, the
:
(i) Access. Seller will allow Buyer, and Buyer's agents, access to the Real
Property without charge and at all reasonable times for the purpose of Buyer's
inspection of the Real Property. Buyer will pay all costs and expenses of such
investigation and testing and will hold Seller and the Real Property harmless from
all costs and liabilities relating to Buyer's activities, except arising out of any
existing environmental conditions or any negligence or willful misconduct of the
Seller, its agents, employees or contractors. Buyer will further repair and restore
any damage to the Real Property caused by or occurring during Buyer's testing
and return the Real Property to substantially the same condition as existed prior to
Buyer's entry. Seller will fully cooperate with Buyer to enable Buyer to satisfy the
5
(ii) Representations and Warranties by Seller. The representations and
warranties of Seller contained in this Agreement must be true now and on the
Closing Date as if made on the Closing Date.
(iii) Title. Buyer must be able to obtain the Title Policy (as that term is
defined herein) in accordance with the requirements and terms of Section 5.C.
below.
(iv) Performance of Seller's Obligations. Seller has performed all of the
obligations required to be performed by Seller under this Agreement, as and when
required by this Agreement.
(v) Approvals (and the lapsing of any rights of appeal).
adoption of resolutions granting the Approvals, in form acceptable to the Buyer, in
its sole discretion.
(vi) Construction Loan Financing.
construction loan have been met, including a market appraisal satisfactory to
(vii) Closing Documents.
Section 6.A. in form reasonably acceptable to Buyer and the Title Company.
(viii) Conditions. There exists no material change in the environmental or
physical condition of the Real Property between the Condition Date and the
Closing.
(ix) Zoning. The Real Property is currently zoned Mixed Use District M-1,
under which classification the project described in Section 5.A hereof is a permitted
use.
(x) Community Development Block Grants. Seller used funds from
Community Development Block Grants to improve the Real Property. These
Grants created conditions that run with the land and will bind future owners. Buyer
is required to obey these conditions as set forth in the Grant documents. Buyer
agrees and shall conform to all requirements of the Grants as if it were the Seller,
and in the event that Buyer does not honor these obligations, Buyer agrees to allow
Seller to take any action it deems necessary to conform to the Grants obligations.
Buyer and Seller agree to transfer the obligations and conditions set forth in this
subparagraph into a future Developers Agreement between the parties.
(xi) Memorandum Of Understanding. The parties previously executed a
Memorandum of Understanding, and the Buyer submitted to Seller a Response
to RFP for Block 7 Redevelopment, the terms and conditions of those documents
are incorporated into this Agreement by reference. Buyer and Seller agree to
transfer the obligations and conditions set forth in this subparagraph into a future
Developers Agreement between the parties, the execution of which by both parties
hereby.
6
In the event that the Closing Conditions set forth in this paragraph 4.B are not
satisfied as of the Closing Date, Buyer may elect to terminate this Agreement or waive
5. REPRESENTATIONS AND WARRANTIES BY BUYER. Buyer represents and
warrants to Seller as follows:
A. a minimum of 26 units of
townhomes. i.e. delays due to causes beyond
the reasonable control of Buyer and which are not specific to Buyer, including labor strikes
or area-wide labor shortages, area-wide material or energy shortages, casualty damages
or acts of nature, rioting or civil unrest, pandemic or war, but otherwise excluding adverse
market or economic conditions , Buyer intends to
finish construction of not less than thirteen (13) such townhouse units within 12-months of
Closing, with the balance to be completed within twenty-four (24) months of Closing. If
Buyer determines that Buyer has been delayed due to force majeure, then Buyer shall
provide written notice to the City, specifying the nature of the force majeure, and the
expected time frame for resolution thereof, if available. Within ten (10) days thereafter, the
parties shall meet and confer in good faith to adjust the applicable completion deadlines
affected by such force majeure. If the City and Buyer disagree as to whether Buyer is
entitled to a force majeure delay, the parties shall submit such dispute to arbitration as
contemplated by Section 18 hereof. Notwithstanding anything contained herein to the
contrary, no Force Majeure Delay hereunder shall delay any applicable completion
deadline for a period of more than two (2) years. The Buyer understands that a project of
project of this nature is an integral reason the City agrees to sell the Real Property to the
Buyer for $1.00. Construction of a project of this nature is a condition of this sale of the
Real Property to the Buyer.
B. City Repurchase Right. If the Buyer does not complete (i) all mass grading
of the Real Property, (ii) installation of all sanitary sewer lines, storm sewer lines and water
lines on the Real Property and (iii) installation and construction of all private streets and
the public trail (which shall not include sidewalks) to be located within the Real Property
as per the Final Plat, within twenty four (24) months of Closing, subject to any applicable
the Buyer agrees to execute and deed the Real Property back to the Seller upon written
demand therefor
Purchase Price
Work, the City agrees to execute and deliver to the Buyer a release of the City Repurchase
of recording the City Repurchase Right Release.
C. Buyer Letter of Credit. The Buyer shall deliver to the City at Closing a letter
obligation to complete construction of the homes to be constructed on the Real Property
be in the amount of $400,000, and shall be
issued by a recognized lending institution with assets of not less than $50,000,000.00,
and shall be in form acceptable to the City in its reasonable discretion. The City agrees
7
that the face amount of the Buyer Letter of Credit shall be subject to pro rata reduction
upon completion of construction (as evidenced by issuance by the City of a certificate of
occupancy for such unit) of each unit of affordable housing, and presentation to the City
of evidence that a covenant has been placed of record against such unit insuring
compliance with the affordable housing requirements set forth in the CDBG grants made
to the City and referenc
shall provide, in relevant part, that the City may submit a sight draft or other request for
payment thereunder in the event that the Buyer fails to complete the required number of
affordable housing units by the deadlines set forth herein and provide to the City the
required Affordability Covenant with respect thereto, and such failure continues for a
period of thirty (30) days after written notice of such failure.
B.D. HOA Pre-Funding. At Closing, Buyer agrees to deposit in escrow the sum
of $65,000 as security for the obligation of the Buyer to construct and complete the
required number of townhome
Deposit shall be held in escrow by the Title Company
pursuant to an escrow agreement in form and substance acceptable to the Buyer, the City
Buyer shall prepare a proposed form
of the Escrow Agreement and provide the same to the City within twenty (20) days after
the date hereof, and the parties shall thereafter negotiate the same in good faith with the
intent to agree upon the terms thereof prior to the Condition Date. The Escrow Agreement
shall provide, in relevant part, that Buyer shall receive distribution from the Title Company
the amount of Five Thousand and 00/100 Dollars ($5,000.00) from the Buyer Completion
Deposit with the closing of the sale of each townhome unit constructed on the Real
th
Property, commencing with the fourteenth (14) townhome unit sold, with the intent that,
th
upon closing of the twenty-sixth (26) townhome unit, the entire Buyer Completion Deposit
shall have been returned to Buyer. If Buyer fails to complete the construction of the
required number of townhome units on the Real Property as and when required
hereunder, the City may draw upon the Buyer Completion Deposit as per the terms of the
Escrow Agreement to defray to assessments and costs otherwise payable by purchasers
of townhome units on the Real Property in connection with management, maintenance
and operation of the subject property.
C.E. Scope Of Agreement. Buyer understands and agrees that Seller is both the
landowner of the Real Property and a regulatory entity governing development of the Real
Property. Unless identified herein, the terms of this Agreement bind the Seller as the
landowner of the Real Property but do not bind the City in its role as a regulatory entity
governing development of the Real Property.
D.F. Law and Regulation. Development of the Real Property is subject to law
and regulation. Nothing in this Agreement is intended to subvert or change the terms of
existing law and regulation. Other Agreements. Development of the Real Property will be
subject to a Subdivision and Development Agreement, and an agreement governing the
terms of Tax Increment Financing between the Seller and Buyer. Those agreements shall
be negotiated independent of the instant Purchase Agreement. The terms of this Purchase
Agreement shall not be binding on the terms of those agreements unless specifically
stated herein.
8
E.G. Buyer will grant Seller perpetual rights and easements allowing Seller to
access and maintain public utilities, sidewalks, trails, and other public facilities on the Real
Property.
6. TITLE.
A. Title Insurance Commitment. The Seller will within twenty (20) days after
the date of this Agreement deliver to Buyer, a commitment from Land Title, Inc.
(for an Owner's Policy of Title Insurance
Property, deleting standard exceptions. The Title Commitment will commit Title to insure
title to the Real Property subject only to permitted encumbrances which are consented to
any
survey that Buyer elects to obtain (to be delivered to Buyer pursuant to Section 4.A.) will
B. Buyer's Objections. Within twenty (20) days after receiving the last of the
Evidence of Title, Buyer may make written objections ("Objections") to the form and/or
content of the Evidence of Title. Buyer's failure to make Objections within such time period
will constitute a waiver of Objections shown in the Evidence of the Title. Any matter shown
on the Title Commitment and not objected to by Buyer will become a "Permitted
Encumbrance". Seller will have twenty (20) days after receipt of the Objections to cure
the Objections, during which period the Closing will be extended as necessary. Seller will
use its best efforts to correct any Objections. If the Objections are not cured within such
twenty (20) day period, Buyer will have the option to do any of the following:
(i) Terminate this Agreement and receive a refund of the Earnest Money.
(ii) Pay any lien or encumbrance which may be cured by the payment of
money and thereafter reduce the amount of cash payable to Seller at the Closing.
(iii) Waive the Objections and proceed to Close.
C. Title Update. Prior to Closing, Buyer may obtain an update of the Title
Commitment, including a Title Commitment for any Final Plat
Update discloses a title matter that was not disclosed in the Title Commitment or the
of the TiObjections to
any matter first disclosed in the Title Update accompanied by a copy of the Title Update.
Seller will use best efforts to correct any Objections set forth in this Section 6, and
if the Objections are not cured within ten (10) days from the date of receipt of the Title
Update, Buyer will have the options set forth in Section 5.B(i)-(iii).
D. Title Policy. Buyer, at Closing, at its expense may obtain the title policy
("Title Policy") issued by Title pursuant to the Commitment, or a suitably marked up
Commitment or Pro-Forma Title Policy initialed by Title undertaking to issue such a Title
Policy in the form required by the Commitment as approved by the Buyer.
7. CLOSING. Unless otherwise agreed by the parties in writing, Closing shall occur
9
on the later of (i) the Condition Date or (ii) a date thirty (30) days following approval of Final Plat
by both the Centerville City Council and the Anoka County Examiner; provided, however, that
Closing shall in no event occur between November 1, 2021 and April 30, 2022.. The Closing will
take place at the office of Title or at such other date and time as the parties may mutually agree
upon in writing.
A. Seller's Closing Documents. On the Closing Date(s), Seller will sign
at such
Closing for the respective Lot, if Buyer elects to close in phases:
(i) Warranty Deed. A Warranty Deed in recordable form acceptable to
Buyer conveying the Real Property from Seller to Buyer, free and clear of any
encumbrances except the Permitted Encumbrances.
(ii) Seller's Affidavit. An Affidavit by Seller indicating that on the Closing
Date there are no outstanding, unsatisfied judgments, tax liens or bankruptcies
against or involving Seller or the Real Property; that there has been no skill, labor
or material furnished to the Real Property for which payment has not been made
or for which mechanic's liens could be filed; and that there are no other unrecorded
interests in the Real Property together with any standard indemnity agreement
required by Title to issue the Title Policy.
(iii) FIRPTA Affidavit. A non-foreign affidavit, properly executed and in
recordable form containing such information as is required by IRC § 1445(b)(2)
and its regulations.
(iv) Assignment. Assignment of all of the Documents and other
documents relevant to the Project (at no cost to Buyer), Plans and any facets of
the Property not covered by the Warranty Deed, in which Seller assigns all rights,
title and interest in said Plans or Documents in form acceptable to the Buyer.
(v) Final Plat. If not already recorded, the Final Plat which will evidence
the subdivision of the Real Property into a separate tax parcel (or parcels).
(vi) Additional Documents. Such other documents as Buyer may
reasonably request to carry out the transactions contemplated under this
Agreement.
B. Buyer's Closing Documents. On the Closing Date, Buyer will sign and/or
deliver to Seller the following (collectively, "Buyer's Closing Documents") at such Closing:
(i) Earnest Money. The Buyer shall cause the Earnest Money to be
released to the Seller.
(ii) Additional Cash. The Additional Cash due at Closing, if any, by wire
transfer of U.S. Federal Funds, cashier's check, cash or by certified check on the
Closing Date payable to the Seller.
10
(iii) Additional Documents. Such other documents as Seller may
reasonably request to carry out the transactions contemplated under this
Agreement.
8. PRORATIONS. Seller and Buyer agree to the following prorations and allocations
of costs regarding this Agreement:
A. Real Estate Taxes and Special Assessments. The real estate taxes
due and payable in all years prior to the year of Closing and all deferred, levied or pending
special assessments as of the Closing Date will be paid in full by the Seller. The Seller is
also responsible for paying any interest and penalties due thereon. The real estate taxes
due and payable in the year of Closing, will be prorated as of the Closing Date, based on
the calendar year. Special assessments levied after the Closing Date (other than those
pending as of the Closing Date, which are to be paid by Seller) will be the responsibility of
the Buyer. Seller represents that the Property will be non-homestead classification. Seller
will pay any and all Green Acre Recapture at Closing. If the real estate taxes and special
assessment are estimated due to the subdivision of the Real Property a larger parcel(s),
the real estate taxes and special assessments will be estimated on per square foot basis
as reasonably agreed to between the Buyer and the Seller.
B. State Deed Tax. Seller will pay any State Deed Tax necessary to record
the Warranty Deed.
C. Recording Costs. Buyer will pay the cost of recording the Warranty Deed,
and Seller will pay the cost of recording all additional documents necessary to place record
title in the condition warranted by Seller in this Agreement. The Buyer will pay the costs
of recording all other documents.
D. Other Costs. All operating costs of the Real Property will be allocated
between Seller and Buyer as of the Closing Date, so that Seller pays that part of such
operating costs payable before the Closing Date, and the Buyer pays that part of such
operating costs payable from and after the Closing Date. Any closing costs not expressly
allocated herein shall be allocated between Buyer and Seller in accordance with custom
and practice in similar commercial real estate transactions in Anoka County, Minnesota.
E. Closing Fee. Buyer will pay any closing fee charged by the Title Company
at Closing.
9. OPERATION PRIOR TO CLOSING. During the period from the date of Seller's
acceptance of this Agreement to the Closing Date (the "Executory Period"), Seller will operate
and maintain the Real Property in the ordinary course of business in accordance with prudent,
reasonable business standards, including the maintenance of adequate liability insurance Seller
will execute no contracts, leases or other agreements regarding the Real Property during the
Executory Period that are not terminable on or before the Closing Date, without the prior written
consent of Buyer, which consent may be withheld by Buyer in its sole discretion.
10. DAMAGE. If, prior to the Closing Date, all or any part of the Real Property is
substantially damaged by fire or other casualty, the elements or any other cause, the Seller will
immediately give notice to Buyer of such fact and at Buyer's option (to be exercised within twenty
(20) days after Seller's notice), this Agreement will terminate, in which event neither party will
11
have any further obligations under this Agreement and the Earnest Money will be refunded to
Buyer or Buyer may elect to Close, in which case Seller shall assign to Buyer all unused proceeds
related to such damage.
11. NOTICES. All notices and demands given or required to be given by any party
hereto to any other party shall be deemed to have been properly given if and when delivered in
person, the next business day after being sent by reputable overnight commercial courier (e.g.
U.P.S. or Federal Express), sent by facsimile (with verification of receipt) or three (3) business days
after having been deposited in any U.S. Postal Service and sent by registered or certified mail,
postage prepaid, addressed as follows (or sent to such other address as any party shall specify to
the other party pursuant to the provisions of this Section):
If to Seller:
City of Centerville With a copy to:
Attn: Mark Statz Berglund, Baumgartner, Kimball & Glaser, LLC
1880 Main Street Attn: Kurt Glaser
Centerville, MN 5503 333 Washington Avenue
Phone: 651-792-7931 405 Union Plaza Building
Email:mstatz@centervillemn.com Minneapolis, MN 55401
Phone: 612-333-6513
Email: KGlaser@BBKGLaw.com
And to:
Titus Commercial Real Estate
Mike Brass
th
2025 4 St
White Bear Lake, MN 55110
Phone: 612 750 4312
Email: Mike@mikebrass.com
If to Buyer:
Centra North, LLC With a copies to:
Attn: Dale Wills Centra North, LLC
11460 Robinson Drive N.W. Attn: Carla Dunham
Minneapolis, MN 55433 11460 Robinson Drive N.W.
Email: dalew@centrahomes.com Minneapolis, MN 55433
Email: carla.dunham@centrahomes.com
and
Thomas M. Hart, Esq.
Beisel & Dunlevy, P.A.
730 Second Avenue South, Suite 282
Minneapolis, MN 55402
Email: thart@bdmnlaw.com
12
In the event either party delivers a notice by facsimile, as set forth above, such party agrees to
deposit the originals of the notice in a post office, branch post office, or mail depository maintained
by the U.S. Postal Service, postage prepaid and addressed as set forth above. Such deposit in the
U.S. Mail shall not affect the deemed delivery of the notice by facsimile, provided that the
procedures set forth above are fully complied with.
Any party, by notice given as aforesaid, may change the address to which subsequent notices are
to be sent to such party. Attorneys for each party are authorized to give notices for each such party.
12. POSSESSION. Possession of the Real Property will be delivered by the Seller to
the Buyer on the Date of Closing.
13. REMEDIES. If Buyer defaults under this Agreement and fails to cure such default
within the time period allowed by Minn. Stat. § 559.21, subd. 4(a) (30 days), this Agreement will
terminate, and upon such termination, Seller will retain the Earnest Money as liquidated damages.
The termination of this Agreement and the retention of the Earnest Money will be the sole remedy
available to Seller for such default by Buyer, and Buyer will not be liable for damages or specific
performance.
If Seller defaults under this Agreement, Buyer may; (i) terminate this Agreement; and, (ii)
seek and recover specific performance, provided, that such action for specific performance is
commenced within two (2) months after such cause of action arises; provided, however, that if for
any reason outside the control of Buyer the remedy of specific performance is not available to
Buyer or would be an inappropriate and ineffective remedy under the circumstances, such as
etable
title to the Real Property, Buyer may seek recovery from the Seller of all costs and expenses
incurred in connection with the negotiation of this Agreement and the proposed acquisition of the
Real Property.
14. CONDEMNATION. If, prior to the Closing Date, (a) all or any part of the Real
Property is condemned or appropriated by public authorities or any party exercising the right of
eminent domain, or is threatened thereby, or (b) access to the Real Property is reduced or
restricted by condemnation or appropriation by public authorities or any party exercising the right
or eminent domain, or is threatened thereby, Seller shall immediately give written notice to Buyer
notice) (i) terminate this Agreement, in which event neither party will have any further obligations
under this Agreement and the Earnest Money, together with any accrued interest, shall be
refunded to Buyer, or (ii) close the transaction upon the terms and conditions contained herein
and Seller shall assign to Buyer all of their right, title and interest in and to any award made or to
be made in the condemnation proceedings.
15. POST CLOSING OBLIGATIONS. At any time and from time to time after the
Closing Date, each party will upon request of another party, execute, acknowledge and deliver all
such further and other assurances and documents, and will take such actions consistent with the
terms of this Agreement, as may be reasonably requested to carry out the transactions
contemplated herein and to permit each party to enjoy its rights and benefits hereunder. If
requested by Buyer, Seller further agrees, subject to approval by the City Council, to prosecute
or otherwise enforce in its own name for the benefit of Buyer, any civil claim, right or benefit
transferred by this Agreement that may require prosecution or enforcement in Seller's name. Any
prosecution or enforcement of claims, rights or benefits under this provision shall be solely at
13
Buyer's expense, unless the prosecution or enforcement is made necessary by a breach of this
Agreement on the part of the Seller.
16. ENTIRE AGREEMENT, MODIFICATION AND WAIVER. This Agreement
constitutes the entire agreement between the parties pertaining to the subject matter hereof and
supersedes all prior and contemporaneous agreements and understandings of the parties, and
there are no warranties, representations or other agreements between the parties in connection
with the subject matter hereof, except as specifically set forth in this Agreement. No supplement,
modification or waiver of this Agreement shall be binding unless it is executed in writing by the
party to be bound thereby. No waiver of any of the provisions of this Agreement shall be deemed
or shall constitute a waiver of any other provisions whether or not similar, nor shall such waiver
constitute a continuing waiver.
17. EXTENSION. In the event Buyer is unable
defined in Section 4, or is unable to close on or before the Closing, due to delays beyond the
Minnesota Time on the last day of the Condition Date or Closing (whichever is applicable to
Five Thousand Dollars ($5,000.00) nonrefundable
Earnest Money (unless Buyer terminates this Agreement pursuant to Sections 4, 6, 10, 13 or 14)
agrees to one (1), sixty (60) day extension of either: (i) the Condition Date or (ii) the Date of
Closing, as may be requested by Buyer. Notwithstanding the foregoing, such extension fee shall
not be payable if Closing (or the satisfaction of any condition to B
delayed if either (i) Seller is in default hereunder or (ii) any condition to closing, the satisfaction of
which is under the control of Seller, is not satisfied.
18. DISPUTE RESOLUTION. The parties agree to submit any dispute arising
hereunder to binding arbitration, to be held in Anoka County, Minnesota in accordance with the
rules of the American Arbitration Association. The parties agree to confer in good faith to select a
retired or inactive judge with reasonable experience in the handling of real estate or construction
issues, to act as arbitrator. If the parties cannot agree on an arbitrator, either party may apply to
the Anoka County District Court to seek appointment of an arbitrator. The fees of the arbitrator
shall be split equally between the parties. The parties shall endeavor in good faith to schedule the
arbitration hearing within three (3) months after the date either party issues a notice of dispute to
the other party hereunder.
19. SUCCESSORS AND ASSIGNS. This Agreement will be binding upon and inure
to the benefit of the parties, their successors and assigns for the purposes set forth in this
Agreement. The Buyer is only permitted to assign its interest hereunder, with Sellerwritten
consent.
20. GOVERNING LAW. This Agreement was executed in Minnesota, and shall be
governed by the laws of the State of Minnesota.
21. MUTUAL DRAFTING. This Agreement is the mutual product of the parties and
each provision hereof has been subject to the mutual consultation, negotiation and agreement of
each of the parties, and shall not be construed for or against any party to this Agreement.
22. COUNTERPARTS. This Agreement may be executed in any number of
counterparts, each of which shall be deemed an original, but all of which shall constitute one and
the same instrument.
14
23. HEADINGS. Headings contained herein are for reference only and are not a part
of this Agreement.
24. ABSENCE OF THIRD PARTY BENEFICIARY RIGHTS. No provision of this
Agreement is intended, nor is any provision to be interpreted to provide or create any third party
beneficiary rights or any other rights of any kind in any client, customer, affiliate, shareholder,
employee or partner of any party to this Agreement or any other person or entity.
25. REAL ESTATE EXCHANGE. The Seller and Buyer acknowledge that the sale and
purchase of the Real Property may be part of a tax-free exchange for one or both parties, and the
Seller and Buyer agree to cooperate to complete said 1031 tax-free exchange(s).
26. SURVIVAL. Except as otherwise provided herein, all of the terms (including,
without limitation, warranties, and representations) of this Agreement will survive and be
enforceable after the Closing.
27. PROJECT SIGNAGE. Commencing from the Effective Date, until the Closing or
termination of this Agreement, Seller grants Buyer a license to post a project sign on the Real
Property. The Buyer will pay for the cost of the fabrication, installation and removal of the sign.
Project sign must comply with applicable law.
IN WITNESS WHEREOF, the parties have executed this Real Estate Purchase
Agreement as of the later of the dates set forth below:
SELLER:
CITY OF CENTERVILLE, MINNESOTA
By: _______________________________
Its: _______________________________
And: ______________________________
Its: _______________________________
\[REMAINDER OF PAGE LEFT BLANK\]
15
BUYER:
CENTRA NORTH, LLC
By: ______________________________
Its: ________________________________
\[REMAINDER OF PAGE LEFT BLANK\]
16
EXHIBIT A
LEGAL DESCRIPTION OF REAL PROPERTY
EXHIBIT B
COPY OF MEMORANDUM OF UNDERSTANDING
EXHIBIT C
COPY OF BUYER BLOCK 7 PROPOSAL TO SELLER
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A
CITY OF CENTERVILLE
REQUEST FOR
COUNCIL ACTION
Agenda Item # Department: Requested Council Meeting Date:
August 11, 2021
Planning and Zoning
IX.1
TITLE OF ISSUE:
Peterson Shores - Final Plat
BACKGROUND AND SUPPLEMENTAL INFORMATION:
At the last City Council meeting, the Council approved a Preliminary Plat for Peterson Shores; a two lot
development on Centerville Lake. Attached is the Final Plat, along with the development plans, for review and
approval. There is no public infrastructure associated with this development (no new sewer, water or storm
sewer mains; no new roads). Therefore, staff is recommending that the requirement for a developer's agreement
and security be waived, conditioned on the developer paying the fees normally due at the time of platting (Park
Dedication and Storm Water Access).
COST AND SOURCE(S) OF FUNDING:
Standard development and building fees apply.
REQUESTED COUNCIL ACTION:
Motion to approve the Final Plat for Peterson Shores and to authorize recording of the plat contingent upon the
payment of applicable fees.
SUPPORTED DOCUMENTS ATTACHED
Motion By: ____________________________________
Resolution Ordinance Contract Minutes Plan Map
Second By: ____________________________________
X
Vote Record: Aye Nay
_____
_____
Other (specify) ____________
_____ _____
_____
_____
_______________________________________________________________
_____ _____Ki
_____ ____________________________________________________________________
Administration Department Use:
Refer to: _________________________________
Consent
Tabled Until: ______________________________
Regular
Other: ___________________________________
CITY OF CENTERVILLE
REQUEST FOR
COUNCIL ACTION
Agenda Item # Department: Requested Council Meeting Date:
August 11, 2021
Administration
IX.
TITLE OF ISSUE:
Ord. #XXX, Second Series Amending Ord. #XXX, Second Series - 2021 Fee Schedule
BACKGROUND AND SUPPLEMENTAL INFORMATION:
The amendment is due to the exclusion of modifications made from Res. #20-017a - Increasing Storm Water
Fees & Off Setting Reduction in Water Fees from years 2020 to 2021, the addition of Final Plat Review fees,
Pool Filling fees, clarification of Commercial/*Multi-Family Water System Management fees and minor
additional language for clarification.
COST AND SOURCE(S) OF FUNDING:
N/A
REQUESTED COUNCIL ACTION:
First reading as an Ordinance and policy has been to have two readings.
SUPPORTED DOCUMENTS ATTACHED
Motion By: ____________________________________
Resolution Ordinance Contract Minutes Plan Map
Second By: ____________________________________
X
Vote Record: Aye Nay
_____
_____
As attached
Other (specify) ____________
_____ _____
_____
_____
_______________________________________________________________
_____ _____Ki
_____ ____________________________________________________________________
Administration Department Use:
Refer to: _________________________________
Consent
Tabled Until: ______________________________
Regular
Other: ___________________________________
CITY OF CENTERVILLE
ORDINANCE #_____, Second Series
An ordinance adopting a fee schedule for 2021
THE CITY OF CENTERVILLE ORDAINS:
Section 1. The following rates for, permits, licenses and other charges are approved:
Reference FEE
Chapter 50
Utility fees, Charges, Storm Water Area Charge and Other Costs
Chapter 73
Special Vehicle License (3 Years) ...............................................$50.00
Chapter 90
Animal License (§90.02)
Kennel License.................................................................$30.00
Dangerous/Potentially Dangerous Dog Registration .......$35.00/Year
Animal At-Large Release Fee (§90.06)
Violation ..........................................................................$50.00
Wild or Dangerous Animals (§90.02)
Honey Bees ..................................................................................$75.00
No More Than (2) Honey Bee Colonies
Farm Animals (§90.03)
Backyard Chickens (Up to 6 Hens) .............................................$75.00
Initial Permits Expire the Following Year, December 31 after Issuance Unless Revoked, Renewal Permits Shall
Expire on December 31 of Second Year Following Issuance Unless Revoked
Chapter 91
Special Event Noise Permit (§91.09) .............................................$50.00
Burning Permit .............................................................................$50.00 (§91.25)
Administration Fees Associated with Meth. Lab Clean-up
.................................................................................................$5,000.00 (§91.45)
Plus Costs Incurred for Clean-up (§91.53)
Chapter 92
Park Use Permit ...........................................................................$25.00 + Deposit
Park Use .....................................................................................$100.00 Min. Deposit
Field Prep., Trash pickup, lighting, concession facility, police and fire service, will be
determined by P.W. Dir.
Page 1 of 18
Chapter 93
Right-of-Way Usage Fees: (§93.20)
Right-of-Way Excavating Permit or Street Breaking Permit ......$75.00 (§93.20)
(Includes New Driveway(s))
Right-of-Way Excavating Permit/Existing Driveway
Replacement .................................................................................$25.00
Obstruction Fee ..........................................................................$150.00
Restoration Cost ............................................. Equal to City Cost
Deposit for restoration collected with permit per estimate of P.W. Director
Building Move ...........................................................................$500.00
Building Move Deposit
(for street repairs and site restoration) .... $5,000.00 (§93) (Also see Chapter
156.004)
Chapter 94
Special Event Permit (§94.01) .......................................................$50.00
Police and fire service, will be determined by P.W. Dir.
Note Regarding Chapters 110, 112-119
Initial license for Chapters 110, 112-119 shall be pro-rated per quarter (not less than 1 quarter) and
no refunds will be made if the business should cease the licensed activity.
Chapter 110
Adult Establishment License ..................................................$4,000.00 (§110.08)
Application/Background Check ............................................$500.00
Chapter 111
Liquor Licenses:
Application/Background Check (New Licensee) ..........$500.00
Off-Sale Liquor ..............................................................$100.00
Off-Sale Non-Intoxication Liquor ...................................$20.00
On-Sale Liquor:
Based on square footage .................................................$.60 per sq ft of interior
.........................................................................................$.30 per sq ft for exterior
Minimum................................................................$2,500.00
Maximum ...............................................................$4,000.00
Brew Pub ........................................................................$500.00
On-Sale 3.2 Liquor .........................................................$250.00
Sunday Liquor License ..................................................$200.00
Wine License .................................................................$300.00
Chapter 112
Application/Background Check ............................................$500.00
Chapter 113
Transient Sales:
Page 2 of 18
Application/Background Check ..............................................$80.00 (§113.03)
Per Day...............................................................................$10.00 (§113.03)
Per Month...........................................................................$60.00 (§113.03)
Chapter 114
Tattoo, Body Piercing, Permanent Cosmetic Make-Up, Body Branding
and Body Painting Establishment License ............................$270.00 (§114.07)
Application/Background Check ..............................................$80.00
Chapter 115
Sauna(s), Dayspa or Massage Business License (Initial) ..........$270.00 (§115.17)
(Subsequent renewal) .................................................................$150.00
(Includes Therapist Certificate Fee for Owner(s))
Massage Therapist Certification .............................................$85.00 (§115.32)
Application/Background Check ..............................................$80.00
Massage Therapist Renewal/Annual Certificate ...............$55.00 (§115.32)
Chapter 116
Cigarette License-sale of tobacco products .................................$85.00 (§116.04)
Application/Background Check ................................................$80.00
st
Tobacco Violation (1 Violation) ..............................................$250.00 (§116.99)
nd
(2 Violation) ............................................................................$500.00
rd
(3 Violation).............................................................................$750.00
Chapter 117
Sale of Fireworks License ..........................................................$100.00 (§117.06)
Chapter 118
st
Rental License-2 Year Period .................................... $110.00 for 1 unit/$25.00 per (§118.03)
unit thereafter within the
same structure
rd
Rental Reinspection Fee (3 Visit) ..............................................$40.00 per unit
Chapter 119
Commercial Rubbish Collection License Fee ............................$300.00 (§119.01, A 5)
Chapter 120
License for water and/or sewer service line inst
Chapter 121
Dance:
Single Event ......................................................................... $20.00 + Police Fees (§121.02)
Yearly-Continuous ................................................................$200.00 + Police Fees
Chapter 130
Bingo Permit ................................................................................$20.00 (§130.19)
Chapter 150
Page 3 of 18
Electrical Permit Fees
Demolition Permit & Escrow:
Residential (not required for accessory bldgs. <120 sq. ft.) .$200.00 (§150.01)
Escrow ...........................................................................$2,000.00 or Letter of Credit
Commercial/Industrial .................. Valuation Based w/Minimum
Of .................................................................................... $300.00
Escrow ..................................................................................20% of Demo. Cost
Permit Surcharge ..................................................... Per State of MN
Chapter 152
Sign Permit Fee:
Wall-mounted sign .................................................................$75.00
Free-standing sign (In addition to building permit) ...............$75.00
Chapter 153
Park Dedication Fees
Land Dedication ........................................................... (§153.15)
At option of City-10% of Fair market Value of all property located in the proposed
development or $3,000/unit (whichever is greater)
Commercial/Industrial ................................................$2,175.00/acre
Lot Split/Lot Combination ................................................... $200.00 plus legal fees + park fees
Park fees only apply if the lot is split
+ deposit of $5,000 (0-5 Lots), $10,000, (6-10
Lots), $20,000 (11+ Lots)
(City Review will cease if costs exceed deposit and deposit is not replenished)
(Larger deposits may be required as determined by the Administrator)
Final Plat Review (§153.59) ......................................................$100.00
Chapter 155-same as Chapter 156 procedure fees
Chapter 156
Bridges/Structures in easement
Encroachment Agreement .....................................................$100.00 (§154.132)
Annual Insurance Monitoring & Inspection ...........................$25.00
Fence Permit ................................................................................$60.00
tion and Encroach. Agr.$100.00 + Recording Fees
PUD Application (§156.251) .....................................................$500.00
(Review costs will be covered by plat deposit)
Variance Application (§156.310) ...............................................$250.00 + deposit of $500.00
(City Review will cease if costs exceed deposit and deposit is not replenished)
Page 4 of 18
Conditional or Interim Use Permit Application (§156.320) ..... $250.00 + deposit of $1,000.00
(City Review will cease if costs exceed deposit and deposit is not replenished)
Rezoning Requests (§156.410) ................................................. $250.00 + deposit of $1,000.00
(City Review will cease if costs exceed deposit and deposit is not replenished)
Site Plan Review (§156.108) .................................................... $250.00 + deposit of $5,000.00
(City Review will cease if costs exceed deposit and deposit is not replenished)
Comprehensive Plan Amendment-Applicant will pay all costs associated with amendment -
$250.00 + deposit of $1,000.00
(City Review will cease if costs exceed deposit and deposit is not replenished)
Chapter 157
Site Maintenance Deposit/Erosion Control/Landscape/Sod/Driveway Escrow
.................................................................................. $5,000 (§157.15, B)(150.045 & (154.410)
(May substitute letter of credit)
OTHER FEES:
Assessment Certificate .................................................................$45.00
Council Chamber Rental - Must be non-profit
......................................................................................................$30/Hour, 2 Hour Min.
Security Deposit (City Policy-08/05) ....................................$150.00
Filing Fees ......................................................................................$2.00
Non-Sufficient Funds/Returned Check ........................................ $30.00
Notary Fees ............................................................................... $1.00/item
Photo Copies ....................................................................................$.25 per page (one sided)
Pool Filling.............................................. $75/hr. (2 hr. min. + Equip. Cost) + $4/1,000 gallons
Public Works Labor & Equipment ......................................... $75/hr. (2 hr. min + Equip. Cost)
Research Charge ..........................................................................$40.00 half hour minimum
.................................................................................................... $60.00 for each hour thereafter
Street Vacation Request ...................................................... $500.00 (review and hearing costs)
Section 2. The attached summary ordinance: E
Page 5 of 18
Section 3. These fees shall become effective on publication of the attached summary of
ordinance.
th
Adopted by the City Council this 25 day of August, 2021.
D. Love, Mayor
ATTEST:
Teresa Bender, City Clerk
Page 6 of 18
EXHIBIT A
UTILITY FFES, CHARGES AND OTHER COSTS
Sewer Availability Charge (SAC) (City) (Per Residential Equivalent Unit)
..................................................................................................................... $2,300.00 (§51.07)
Sewer Availability Charge (SAC) (MCES) (Per Residential Equivalent Unit)
..................................................................................................................... $2,485.00 (§51.07)
Water Availability Charge (WAC) (Per Residential Equivalent Unit) ........ $1,850.00 (§51.07)
Water Lateral Benefit Fee (Unassessed properties) ..................................... $8,000.00
Sanitary Sewer Lateral Benefit Fee (Unassessed properties) ...................... $8,100.00
Storm Water Area Charge
.........................................05739 per square foot of platted area
(§51.11)
Commercial/Industrial/Multi-Family (Due w/Bldg. Permit) ................................ $.07 per square foot of building,
parking and other impervious surfaces
Water/Sewer Permit Fees (§51.07)
Service/Connection (Includes 2 inspection trips to site ...................... $75.00
Tapping Main ..................................................................................... $50.00
Inspections (All)/each ........................................................................ $40.00
Service Charges - Meters
Testing ...............................................................................................Cost
Water Meter Charge (§51.05, H)
............................................................. Cost + Sales Tax
Minor Repairs .......................................................................... Cost + 20%
Special and other sizes .............................................. Cost plus Handling
(These Rates are Subject to Tax)
Private Fire Hose Connection Rates (§51.09, G)
Water Test Fee .................................................................................................... $9.72 (1/1/2020)
Water Usage Rates (§51.02)
Private Fire Hose Connection Rates (§51.09 (G))
Private Fire Hose Connection Access Charge ............................... $1,850.00/REU*
Private Fire Hose Connection Water System Management Fee ......... $14.85/REU*
*Where sanitary sewer service is not provided, and therefore no MCES SAC Unit determination has been made,
the City shall make a determination of the number of REUs based on same or similar building usage based on
the MCES SAC Procedure Manual for usages which do not rely on a fixture count as a basis for calculation.
These fees are waived for fire connections made in conjunction with a building which is fully served by
domestic sewer and water, and therefore, pays standard SAC/WAC charges.
operation and maintenance of the supply, treatment, storage and distribution system (Water System
Management Fee). The second fee is a variable rate to generally cover the cost of producing water (Variable
Rate). For residential properties, the Water System Management Fee shall be charged to each home at the rates
and intervals shown below, whether the home is connected to city water or not. For Commercial properties, a
Page 7 of 18
fee shall be charged at the rates and intervals shown below, multiplied by the number of Residential
Equivalency Units (REUs) assigned to that property as determined through a SAC Unit evaluation from the Met
Council. If the property does not have municipal sewer service or has not had a SAC Unit determination
completed, the REUs shall be determined by the Public Works Director using the same methodology outlined in
The total Water System Management Fee for Commercial Properties shall be capped at a maximum of 5x the
Water System Management Fee, regardless of how many REUs are assigned to the property.
Residential
Water System Management Fee/Bi-Monthly Billing Period.............. $13.8538
Gallons/Qtr. (0 - 15,000) ..................... $2.08
llons/Qtr. (15,001- 30,000) ............. $2.38
Gallons/Qtr. (30,001-XXX)................. $2.71
Commercial/*
Water System Management Fee/Bi-Monthly Billing Period.............. $13.8538
Water System Management fee (1 unit) - $13.38
Water System Management fee (2 units) - $26.76
Water System Management fee (3 units) - $40.14
Water System Management fee (4 units) - $53.53
Water System Management fee (5 units) - $66.90
Gallons/Qtr. (0-500,000) ..................... $2.08
Gallons/Qtr. (500,001-XXX) ............... $2.71
*Multi Family buildings which do not have individual meters for each unit will be treated as commercial
buildings (Capped at 5 REUs). Their tiered rate structure will be based on multiplying the residential tier
thresholds by the number of units.
Sewer/Wastewater fee (bi-monthly)
Sewer Charges will include two components. The first is a flfixed and variable costs for
sewer collection (Collection Rate). The second fee is to cover the variable charge for wastewater treatment
(Treatment Fee). The Treatment charge will be the Treatment Fee rate multiplied times the water meter use for
the billing period. To account for summer irrigation water not being treated, the charge for the July and November
billings shall not exceed the average use during the first billing period of that year and the final billing period of
the prior year (winter average). If the home is unoccupied during a significant part of the winter period, the
average shall be manually calculated using other reasonable means to determine the anticipated sewer treatment
volume.
Collection Rate Treatment Fee
Residential charge $26.71/SAC Unit $ 2.26/1,000 gal.
Commercial/Institutional $39.69/SAC Unit $ 2.26/1,000 gal
Sewer-only customers shall be charged a flat rate per SAC unit or may purchase a city water meter and install it
on their well in order to be billed at the lower fixed and variable rates above. Otherwise sewer-only customers
shall be billed at the following rates:
Collection Rate Treatment Fee
Residential rate per SAC $26.71/SAC $26.71/SAC
Commercial/Institutional $39.69/SAC Unit $39.69/SAC
Storm Water Management Fee (bi-monthly): (§51.11)
Residential (Fixed) ........................................................................................ $9.3077
Comm./Industrial/Multi-Family (Fixed) ....................... $.0.002678/sq. ft impervious with minimum...$9.3077
Utilities/(Water/Sewer/Garbage Billing) Penalties & Late Fees
Residential/Commercial Penalty/Late Payment 3% Bi-Monthly On Delinquent Balance
Page 8 of 18
Utilities/(Water/Sewer/Garbage Certification) ............ 5% of Outstanding Balance or $50.00 whichever is greater
(§50.03)
Utility billing is billed on a bi-monthly basis for the previous two months
Use of Meter & Hydrant (51.09, J)
Meter Rent50.00/day
....................................................................................................... $1,000.00Deposit
............................................................................................................ $25.00Connection Fee
.............................................................................................................. $4.00/1,000 Gallons
Page 9 of 18
EXHIBIT B
BUILDING PERMIT FEES
TOTAL VALUATION FEE
Driveway .................................................................... $25.00
Accessory Structures Under 200 sq ft.
(Zoning Use Permit) ................................................. $65.00
Easement Encroachment Agreement ........................ $100.00 + Recording Fees
Basement (Finishing) (Plumb. & Mech. Included if Rough-In Complete)
.................................................................................. $171.00
Door/Window Replacement ....................................... $51.00 (Min.)/$110.00 (Max.)
Permanent Pools
Inground .............................................................. $351.00
Above Ground ..................................................... $151.00
(Both plumbing and mechanical included)
Siding (Lap, Wood, Metal, Vinyl & Composite)
1 or 2 family only ..................................................... $151.00
(Excludes Stucco, Brick & Other Masonry Products)
$1.00 TO $1,000.00 .................................................... $55.00
$1,100.00 TO $2,000.00 ............................................. $55.06 For the first $1,100.00 plus $4.01 for
each additional $100.00 or fraction
thereof, to and including $2,000.00
$2,001.00 to $25,000.00 ............................................. $91.00 For the first $2,000.00 plus 18.38
for each additional $1,000.00, or
fraction thereof, to and including
$25,000.00
25,001.00 to $50,000.00 ........................................... $513.75 For the first $25,000.00 plus $13.26
for each additional $1,000.00 or
fraction thereof, to and including
$50,000.00
$50,001.00 to $100,000.00 ....................................... $845.20 For the first $50,000.00 plus $9.19
for each additional $1,000.00, or
fraction thereof, to and including
$100,000.00
$100,001.00 to $500,000.00 .................................. $1,304.57 For the first $100,000.00 plus $7.35
for each additional $1,000.00, or
fraction thereof, and including
$500,000.00
$500,001.00 to $1,000,000.00 ............................... $4,244.57 For the first $500,000.00 plus
$6.24 for each additional
$1,000.00, or fraction
thereof, to and including
$1,000,000.00
Page 10 of 18
$1,000,001.00 and up ............................................ $7,361.49 For the first $1,000,000.00
plus $4.79 for each additional
$1,000.00, or fraction thereof
Other Inspections and Fees:
1. Inspections outside of normal business hours ....
hours).................................................... $90.00 per hour
2. Reinspection fees assessed under provisions
of Section 305.8 ................................................................................ $70.00 per hour
3. Inspections for which no fee is specifically
indicated ............................................................................................ $70.00 per hour
Plan Review = 65% of permit
Commercial/Industrial $500.00 deposit required when plan submitted for review.
Page 11 of 18
EXHIBIT C
PLUMBING AND HEATING PERMITS
1. Plumbing Permits
A. The charge shall be five dollars ($5.00) for each plumbing fixture, device or connection to the
sewer or plumbing system, with a minimum charge of forty dollars and zero cents ($40.00)
B. For any alteration, repair or extension to an existing plumbing system, where the work is of
such a nature that the permit fee charge cannot be determined from the above schedule, the
permit fee shall be forty dollars ($40.00) first five-hundred dollars ($500.00) or fraction thereof,
plus fifteen dollars ($15.00) for each additional five-hundred dollars ($500.00) or fraction
thereof of the total market value of such alteration, repair or extension.
The charge for commercial, industrial or institutional plumbing shall be:
Two percent (2%) of the total cost of labor and materials or a minimum of $40.00 whichever
is greater.
Work commenced without first obtaining a permit shall be charged an investigative fee equal to permit
fees.
2. Mechanical Permits
The charge for a residential dwelling shall be twenty dollars and zero cents ($20.00) for each
of the following units but not to exceed $140.00. A minimum charge of forty dollars and zero
cents ($40.00):
Main Gas Line Piping
Gas Furnace
Air conditioner
Boiler
Air Exchanger
Gas Fireplace/Gas Log (Install in regular fireplace)
Gas Boiler
Gas Dryer
Gas Stove/Range
Wood Fireplace
Duct Work
Miscellaneous Mechanical Fixtures
Gas Pool Heater
Gas Wall Heater/Garage Heater
The charge for commercial, industrial or institutional building shall be:
Two percent (2%) of the total cost of labor and materials of the heating, ventilation and air
conditioning work to be completed or a minimum of $40.00 whichever is greater.
.
Work commenced without first obtaining a permit shall be charged an investigative fee
equal to permit fees, in addition to normal permit fees.
Sprinkler/Fire Suppression system permits:
Single Family, Flat fee of $400.00
Fire Suppressio
Page 12 of 18
Other sprinkler/fire suppression permits. All Fire Code related permits/inspections - contract
cost of sprinkler/fire suppression system times 3.25% (Includes plan review by Building Official and
Fire Department).
All of the above stated fees are Subject to State of MN surcharge fees.
Page 13 of 18
EXHIBIT D
ELECTRICAL FEES
Complete an electrical permit form available
Add $1 for State surcharge to total cost of each permit.
The fee is the total of the listed fees or the total number of inspection trips x $45.00, whichever is greater.
Residential panel replacement is $110.00 sub
Panel $45.00. New service or power supply is: Circuits and Feeders
0 to 300 Amp $55.00 0 -100Amp. $9.00
400 Amp. $71.00 101-200 Amp. $15.00
500 Amp. $87.00 201-300 Amp. $21.00
600 Amp. $103.00 301-400 Amp. $27.00
800 Amp. $135.00 401-500 Amp. $33.00
1000 Amp. $167.00 501-600 Amp. $39.00
Add $16.00 for each additional 100 amps Add $6.00 for each additional 100 amps
Minimum Fee Maximum Fee
Minimum permit fee is $45.00 plus $1.00 Maximum fee for single family dwelling
State surcharge. This is for one inspection or townhouse not over 200 amps is
only. $190.00 plus
Minimum fee for rough-in inspection and $1.00 State surcharge. Maximum of 2
Final is $90.00 plus $1.00 State inspections (Failed Inspections are an
Surcharge. additional $45 each).
Apartment Buildings
Fee per unit of an apartment or condominium complex is $80.00. This does not cover
Service, unit feeders or house panels.
Swimming Pool $90 plus circuits. This includes 2 inspections
Additions, Remodels or $90 this includes up to 11 circuits and 2 inspections
Basement Finishes
Accessory Structures The Greater of $55 for panel plus $9 per circuit or
$90 for two (2) inspections
Traffic Signals $8 per each standard
Street and Parking Lot Lights $5 per each standard
Transformers and Generators $5 up to 10KVA, $45 to 74KVA, $60 75KVA to 299
KVA, over 299 KVA is $165
Retro Fit Lighting $.85 cents per fixture
Sign Transformer $9 per transformer
Low voltage fire alarm, low voltage $.85 cents per device
and air conditioning control wiring
Re-Inspection Fee in addition to $45
All other fees
Hourly rate for carnivals $90
Page 14 of 18
Minnesota Solar PV System
Electrical Inspection Fee Chart
Solar PV System Rating* Inspection Fees
0kw to 5kw $90
5.1kw to 10kw $150
10.1kw to 20kw $225
20.1kw to 30kw $300
30.1kw to 40kw $375
40.1kw and larger $375 plus $25 for each
Additional 10kw
Electronic inspection fee for these items only; furnace, air conditioning, bath fan, fireplace or receptacle for
water heater vent is $40.
Refunds must be requested in writing. No refunds unless more than the minimum fee. Refunds are minus the
cities 20% handling fee.
THE PERMIT FEE IS DOUBLED IF THE WORK STARTS BEFORE THE PERMIT IS ISSUED.
Page 15 of 18
EXHIBIT E
LANDFILL, GRADING AND EXCAVATING PERMIT FEES
GRADING FEES
General. Fees shall be assessed in accordance with the provisions of this section or shall be as set forth
in the fee schedule adopted by the jurisdiction.
Plan Review Fees. When a plan or other data are required to be submitted, a plan review fee shall be paid
at the time of submitting plans and specifications for review. Said plan review fee shall be set forth in Table A33-
A. Separate plan review fees shall apply to retaining walls or major drainage structures as required elsewhere in
this code. For excavation and fill on the same site, the fee shall be based on the volume of excavation or fill,
whichever is greater.
Grading Permit Fees. A fee for each grading permit shall be paid to the City as set forth in Table A33-B.
Separate permits and fees shall apply to retaining walls or major drainage structures as required elsewhere in this
code. There shall be no separate charge for standard terrace drains and similar facilities.
TABLE A33-A GRADING PLAN REVIEW FEES
50 cubic yards (38.2 m3) or less ........................................................................................... No Fee
51 to 100 cubic yards (40 m3 to 76.5 m3) ............................................................................ $37.01
101 to 1,000 cubic yards (77.2 m3 to 764.6 m3) .................................................................. $58.28
1,001 to 10,000 cubic yards (765.3 m3 to 7645.5 m3) ......................................................... $77.57
10,001 to 100,000 cubic yards (7646.3 to 7645.5 m3) - $77.57 for the first
10,000 cubic yards (7645.5 m3), plus $38.59 for each additional
10,000 cubic yards (7645.5 m3) or fraction thereof.
100,001 to 200,000 cubic yards (7645.6 m3 to 15,291.1 m3) - $424.86 for the
first 100,000 cubic yards (7645.5 m3), plus $20.87 for each additional
10,000 cubic yards (7645.5 m3) or fraction thereof.
200,001 cubic yards (15,291.2 m3) or more - $633.55 for the first 200,000 cubic
yards (15,291.1 m3), plus $11.42 for each additional 10,000 cubic years
(7645.5 m3) or fraction thereof.
Other Fees:
Additional plan review required by changes, additions or revisions to approved plans
per hour*
*Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision,
overhead, equipment, hourly wages and fringe benefits of the employees involved.
TABLE A33B - GRADING PERMIT FEES*
0 to 100 cubic yards (40 m3 to 76.5 m3) .............................................................................. $60.00
101 to 1,000 cubic yards (77.2 m3 to 764.6 m3) - $60.00 for the first 100 cubic yards
(76.5 m3), plus $27.56 for each additional 100 cubic yards (76.5 m3) or fraction
thereof.
1,001 to 10,000 cubic yards (765.3 m3 to 7,645.5 m3) - $308.04 for the first 1,000
cubic yards (764.6 m3), plus $22.84 for each additional 1,000 cubic yards
(764.6 m3) or fraction thereof.
10,001 to 100,000 cubic yards (7,646.3 m3 to 7,645.5 m3) - $513.60 for the first 10,000
cubic yards (7,645.5 m3), plus $103.95 for each additional 10,000 cubic yards
(7,645.5 m3) or fraction thereof.
100,001 cubic yards (7,645.6 m3) or more - $1,449.15 for the first 100,000 cubic yards
(7,645.5 m3), plus $57.49 for each additional 10,000 cubic yards (7,645.5 m3)
or fraction thereof.
Page 16 of 18
Other Inspections and Fees:
1. Inspections outside of normal business hours ........................................................ $90.00 per hour
2. Reinspection fees assessed under provision of Section 108.8 ................................ $70.00 per hour
3. Inspections for which no fee is specifically indicated ............................................ $70.00 per hour
*The fee for a grading permit authorizing additional work to that under a valid permit shall be the difference
between the fee paid for the original permit and the fee shown for the entire project.
**Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision,
overhead, equipment, hourly wages and fringe benefits of the employees involved.
Page 17 of 18
CITY OF CENTERVILLE
Anoka County, Minnesota
SUMMARY OF ORDINANCE #111, SECOND SERIES
NOTICE IS HEREBY GIVEN that, on January 13, 2021, Ordinance #111, Second Series,
AN ORDINANCE ADOPTING A FEE SCHEDULE FOR 2021
Council of the City of Centerville, Minnesota.
NOTICE IS FURTHER GIVEN that, because of the lengthy nature of Ordinance #111, Second
Series the City Council has directed that a title and summary be prepared for publication pursuant to Minn.
Stat. 412.191, Subd 4.
NOTICE IS FURTHER GIVEN that a complete, printed copy of Ordinance #111, Second
Series is available for inspection by any person during regular office hours at the office of the City Clerk,
1880 Main Street, Centerville, MN, or will be mailed to anyone requesting it by telephone (651) 429-3232.
NOTICE IS FURTHER GIVEN that the general purpose of the ordinance is to adopt fees and
charges for various purposes.
Section 1.
This section adopts fees and charges including fees related to garbage/utility account certification,
utility rates and charges, animal licensing, burning permits, fees for use of right-of-ways and excavations
in streets, fees for business licensing, fees and deposits related building activities, fees for sign permits,
development fees including fees in lieu of park dedications, planning and zoning fees, and fees for services
including supplying copies and maps, and fees for vacation of streets and easements.
Section 2.
This section authorizes this summary of the ordinance be published in lieu of the entire text of the
ordinance.
Section 3.
This section provides that the ordinance is effective on publication of this summary.
NOTICE IS FURTHER GIVEN that the City Council has by at least a 4/5 vote, approved this
Public Notice.
APPROVED this 13th day of January, 2021.
Published in the Quad Community Press on January 19, 2021. .
Page 18 of 18
August 11, 2021
Watering Restrictions
The city currently has an odd/even watering ban with no watering taking place between
10 AM and 6 PM.
Meeting Date Change
The Planning and Zoning Commission meeting for August was pushed back one week, to
August 10, 2021, to accommodate Night to Unite. All committee meetings are being held
in-person at City Hall, beginning at 6:30 PM, unless otherwise noted.
PARKS AND RECREATION
Main Street Market
One more week to go! Come out and join the fun on August 12,
from 5 to 7 PM. This week, will feature a face painter sponsored
by Mike Giovinazzo (American Family Insurance) and Mark
Remillard (Farmers Insurance). Thanks to our valued business
partners for stepping up to help make our events even better.
Also, thanks to members of Dakota Clover Band for providing
live musical entertainment.
Music in the Park
Just two weeks left of Music in the Park. We finish up
with two great acts that have been MITP mainstays for
several years. Food trucks have been added to the
Tuesday festivities this year (see the schedule of
vendors below) or check out our Facebook Page
Movie in the Park
The annual Movie in the Park event is set for September
18. The movie is Raya and the Last Dragon.
Rental Assistance
If you or someone you know is struggling to pay rent, help is available. Make the call to 211
to get more information.
ECONOMIC DEVELOPMENT
Quad Area Chamber of Commerce
On August 17, the QACC will host a Lunch and Learn with speakers addressing the labor
shortage and how to find employees in this market.
Economic Development Authority (EDA)
Business Appreciation Event
The EDA is planning a Business Appreciation Event for Thursday, September 9 from 5 to 7
PM at LaMotte Park. Business owners will receive a mailed invite in the next week or so.
2022 Preliminary Budget
The commission has forwarded their budget request to the city council for consideration as
Promotional Tote Bags
The EDA has ordered additional reusable grocery bags for the Main Street Market.
Revolving Loan and Grant Program
dation for a grant application from JETS
Machine Shop to purchase signage for their Main Street location.
Anoka County Regional Economic Development (ACRED)
Stakeholder Meeting
On September 2, at 1:00 PM, ACRED will hold its tri-annual partnership meeting with
communities in Anoka County, Greater MSP, Department of Employment and Economic
Development (DEED), MetroNorth Chamber of Commerce, Connexus Energy, and County
representatives to cover the following items:
ACRED Economic Development Director Update
City Updates
Greater MSP & DEED Updates
Open to Business Update
by Alignment and Regionalism Subcommittee
North Metro Development Summit
ACRED is sponsoring and co-hosting the MN Real Estate Journal
North Metro Summit and speaking about opportunities for real estate
development and investment in the north metro. ACRED City
Partners can attend this event with the County. Interested real estate professionals can
register for the event at the link below. Event is tentatively planned in person and online.
COMMUNITY DEVELOPMENT
Centerville Elementary School Expansion
Construction continues on schedule.
stnd
Old Mill Estates 1 and 2 Additions
is on site and has installed a good portion of the walkways.
They intend to remain on site until the site work is completed.
Although there has been significant progress, there are still a number of outstanding items. The
city is preparing to complete these items utili
deadline of September 7, has been established for the developer to complete the work before
the city would move in.
Block 7 Property (Downtown)
The final terms of a purchase agreement will be presented to the City Council at their August
11 meeting. If a purchase agreement is signed, the next steps would be for the developer to
prepare detailed site plans for submittal to the city as part of a request for Preliminary Plat.
That request would require a public hearing.
th
Centerville Storage (20Ave. Mini Storage)
Landscaping work is complete, and the developer anticipates paving in the coming weeks,
with fence, security camera and other finishing touches to follow.
Bay View Villas (Waterworks Site)
has installed the entrance monument along with
sod throughout most of the common areas. They intend to remain on site until the site work is
completed.
Although there has been significant progress, there are still a number of outstanding items. The
city is preparing to complete these items utili
deadline of September 7, has been established for the developer to complete the work before
the city would move in.
Atlas Villas Memory Care Project (1825 Main Street)
The developer of this property is now estimating a completion date of mid-
September.
Development Inquiries
Homeowner looking to subdivide lot in downtown for high density residential.
Investor looking to subdivide lot in downtown for high density residential.
Rehbein Commercial
City staff continue negotiatir the plat. Grading has begun
under a separate grading permit.
Kwik Trip
No new news with this portion of the development.
Norbella Senior Living
Norbella is preparing to break ground as soon as the site work and utilities allow. Sewer and
water fees and billing logistics are being worked out between Centerville (supplying water)
and Lino Lakes (supplying sewer).
Peterson Shores
at was approved by the City Council on July
28. A final plat will be up for approval soon.
Rehbein Industrial
st
This plat dedicates right-of-way on 21 Avenue south of Fairview Street and dedicates the
st
remaining right-of-way for Fairview Street, through to 21
agreement is being negotiated to cover the installation of the Fairview Street Road extension
would accommodate the proposed Sutton Transport
project (see below).
Sutton Transport
A cross-dock and warehousing facility is being
st
the west side of 21 Avenue across from Distribution Alternatives. The 60-dock facility will
include a 40,000 sf warehousing area, offices and a 3-bay service station for light repair
work. An expansion area adding an additional 24 docks and 16,000 sf of warehouse is shown
for future development. The development will extend Fairview Street through, connecting
thst
20 and 21 Avenues.
July 28.
General
Watering ban violations
COMMUNITY ENGAGEMENT
Web Site
CenterStage
Calendar Updates
Meeting Agendas
Parks Programming Promotion
Committee Agendas/Packets uploaded
Business Email List
Reader Board
None
Meeting Schedules
Parks Programming Promotion Community Email List
Community Events
Meeting Agendas
Comments & Concerns from Public
Construction site dust complaints Connect with the City
on these platforms
Social Media
FINANCE
American Rescue Plan (ARP)
The city has received the first half of our funds through the American Rescue Plan. Staff and
Council are working on a plan for the allocation of these funds.
STORMWATER/WETLAND
LaMotte Park Stormwater Reuse System Expansion
The irrigation system needed to be shut down after several weeks of drought drew the pond
down to just above the inlet. The system will be turned on again if the pond gains a little
depth after some rain.
SEWER AND WATER
Commercial Water Connection Fee Assistance
businesses through the pandemic, a new program
was introduced, cutting connection fees for city water in half, through the end of 2021 for
commercial properties. If you own a commercial property in Centerville that is not currently
hooked to city water, and are interested in learning more, please call City Hall.
Wellhead Protection Plan
Now that our plan has been approved, one of our first implementation items will be to apply
for a grant to seal abandon wells. We have a list of those wishing to seal their wells already
established, but if you have one city hall know and we can
add you to the docket.
2020 Downtown Street and Utility Improvements
Paving and most punch list work is complete. Final payments will be processed soon.
PUBLIC SAFETY
Centennial Lakes Police Department
Life Saving Awards
Earlier this week Officers Johnson and Schroeder were
recognized with a Life Saving Award from a call to 911
in May. The call was a medical emergency in the city of
Lino Lakes. CLPD officers were close by and offered to
assist emergency responders in Lino Lakes. The efforts
by all resulted in a male surviving a sudden cardiac
event. Proud of you guys!
New Officer Sworn In
Today Chief Mork and CLPD
welcomed Police Officer Anthony
Tonda to the team. Officer Tonda
comes to us from the West St. Paul
Police Department where he had served
welcome Officer Tonda to our lovely
community.
Night to Unite
Our officers were out in full force around
the city to visit with folks during Night to
Unite (see Facebook post on the left).
Thanks to all the neighborhoods that
organized events this year.
2022 Budget
The Police Governing Board will meet on
Monday, August 9, to review a proposed
budget which includes an increase of
8.6%, due to personnel costs and
increases in workers compensation costs.
Centennial Fire District
Fire District Reorganization
The transition process of mrative functions to the Spring
partment has now begun. Open positions for
the two full-time firefighters have been filled from internal candidates (those working as paid
on call firefighters) and will be on duty as of August 16. Both City Councils have given
final approval of the contract which begins in full force on September 1.
The district is looking for paid-on-call firefighters. Find out more at www.centennialfire.org