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Home My WebLink About2021-10-13 CC Packet CITY OF CENTERVILLE CITY COUNCIL MEETING & CLOSED EXECUTIVE SESSION AGENDA Wednesday, October 13, 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) CALL TO ORDER Roll Call PLEDGE OF ALLEGIANCE APPROVAL OF AGENDA APPOINTMENTS/PRESENTATIONS None PUBLIC HEARING None APPROVAL OF MINUTES July 14, 2021 City Council Meeting Minutes July 28, 2021 City Council Work Session, Meeting & Closed Executive Session Minutes CONSENT AGENDA City of Centerville Claims through October 13, 2021 (Check #34594-3463), (1769-1773) & Voided Check #34567, 34578 & 34598 Centennial Lake Police Department Claims through October 8, 2021 (Check #14004-14041), Payroll Check #14002-14003, 14027-14028 & (2021048-2021054E) Centennial Fire District Claims through October 12, 2021 (Check #9160-9183), E2021013-2021014 & Payroll Check #9157-9159 & 9170-9172 Sensaphone Î (Premium Ethernet Subscription Plan Î SCADA) Anoka County 2022 Agreement for Residential Recycling Program Anoka County JPA Î Allocate Election Expenses Encroachment Agreement, 7163 Brian Drive Î Fence Repair/Maintenance Trail & Roadways Î 2021 (Muellner Asphalt - $35,XXX) 2 AM Liquor License Renewals Final Pay Request for LaMotte Park Stormwater Reuse Expansion Project OLD BUSINESS nd Code Revisions (2 Reading) Ord. #XXX, Second Series Î Amending City Code Chapter 50, Garbage b. Ord. #XXX, Second Series Î Amending City Code Chapter 156, £102, Home Occupations c. Ord. #XXX, Second Series Î Amending City Code Chapter 156, £111, Fence 2.Rehbein Commercial Î Amended Development Agreement IX. NEW BUSINESS 1. Personnel Policy Update 2. Resolution 21-0XX Establishing a Junior Councilmember Program 3. Assistant City Administrator Position 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. CLOSED EXECUTIVE SESSION CLOSED EXECUTIVE SESSION (Pursuant to MN Statute Section 13D.05, Subdivision 3(b) Discussion and examination of legal opinion and strategy regarding the properties 2050 and 2070 Main Street. Absolute confidentiality is required for a full and candid discussion with Legal Counsel and such discussion could not occur in a public setting without jeopardizing the CityÓs legal position. XII. ADJOURNMENT INFORMATIONAL MATERIAL RCWD Board Vacancy Census Data MS 4 Permit Coverage Letter REMINDERS All meetings take place at 6:30 p.m. unless otherwise noted Volunteer Appreciation Event Î October 14, 2021, City Hall Î Fire Station (6-7:15 p.m.) Economic Development Authority Î Wednesday, October 20, 2021 City Council Meeting Î Wednesday, October 27, 2021 Parks & Recreation Committee Î Wednesday, November 2, 2021 Planning & Zoning Commission Î Tuesday, November 3, 2021 CITY OF CENTERVILLE CITY COUNCIL MEETING JULY 14, 2021 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held a City Council Meeting on July 14, 2021 COUNCIL MEETING I.CALL TO ORDER Mayor called the special meeting to order at 6:32 p.m. ROLL CALL* Not Approved PRESENT: Acting Mayor Russ Koski Council Member Darrin Mosher Council Member Steve King ABSENT: Mayor D. Love Council Member Michelle Lakso STAFF: City Administrator Mark Statz City Attorney Kurt Glaser II.PLEDGE OF ALLEGIANCE III.APPROVAL OF AGENDA Acting Mayor Koski provided an opportunity for others to add or delete any items. Administrator Statz added a voided check #33901 under VII. Consent Agenda, Item #1. Administrator Statz stated that a number of individuals completed Public Comment Sign-Up Sheets for their desire to speak with Council regarding Block 7, proposed development Î Centra Homes. He stated that if Council desired they could add to the agenda ÐPublic CommentÑ, Item #1 under IV. Appointments/Presentations. Acting Mayor Koski stated that the Council would add Public Comment, Item #1 under IV. Appointments/Presentations/Public Comment. Motion by Council Member King, seconded by Council Member Mosher, to Approve the Agenda as Amended. All in favor. Motion carried. IV.APPOINTMENTS/PRESENTATIONS/PUBLIC COMMENT Acting Mayor Koski stated that individuals will be given 2-3 minutes for comment regarding the proposed development of Block 7. He stated that this would not be a debut but Council is providing an opportunity for public input and an opportunity to speak. City of Centerville Council Meeting Minutes July 14, 2021 Mr. Al LaMotte, 1643 Sorel Street, desired to provide Council with background of the parcel in question by stating that a farmer in town purchased and donated the property to the City for a hockey rink for community children years previous. He stated that he has spoken with many of those, now adults, who are disappointed in CouncilÓs decision to development the land and to the extent of what is being proposed. He stated that he does not feel that this will keep the Ðsmall townÑ feel. He questioned the CityÓs desire to gain population to 5,000 and asked why Council is subsidizing the contractor by giving them the parcel and everything. Acting Mayor Koski asked Administrator Statz as to the appropriate time to address residentÓs comments/questions and chose to continue accepting comment. Administrator Statz concurred. Ms. Julie Lindsay, 1687 Sorel Street, she stated that she started a petition on Saturday, July 10, 2021 to stop building the high-density proposed development. She stated that she heard time and time again from the neighbors that Mr. Rivard donated a portion of the proposed Block 7 to the City years previous for a park and if the property was not utilized in that fashion it was to be returned back to him. She is wondering how and when that would be addressed/resolved. She stated that normally 4-5 homes would be allowed for a parcel of that size. She also stated that she is asking how 26, 2-story row-homes with 52 vehicles on that lot are better for the community of Centerville when people who reside in Centerville or who move to Centerville prefer the Ðsmall townÑ feel. She stated that current traffic levels in the downtown area are difficult, unsafe at times and an additional 52 cars would add to the congestion. She stated that 62 homes in the vicinity of the development would be affected by that traffic. She suggested that the Planning & Zoning Commission reconsider the zoning for this parcel to be single-family residential and install the park that was intended by Mr. RivardÓs donation. She stated that she and other residents feel the same way. Ms. Lindsay stated that she does not understand the ins and outs of the Comprehensive Plan and what avenues would need to be taken to change this zoning. She was concerned about the goal of a population of 5,000 residents to gain State Aid from the State of MN without regarding to the small town. She believes that a traffic study should have been completed prior to any proposal for development of the property. Ms. Lindsay submitted the petition and stated that only one (1) individual stated that the City needed the tax money and all others are not in favor of the project. Mr. Jon Brickner, 1580 Sorel Street, stated that he lived one (1) block west of the proposed project, attended this eveningÓs meeting to show support his friends and neighbors that surround the proposed project. He stated that this block, ÐBlock 7Ñ is a 1.62 acre parcel with nine (9) single- family, residential homes surrounding the project. He desired to provide input in five (5) areas that Council may not have taken into consideration and as to why this proposal is unfair to surrounding property owners, unjustifiable to all residents and taxpayers of Centerville. He stated that Centerville residents do not want urban development and requested that page 2 of the CityÓs Comprehensive Plan be provided for reference. He stated that the Comprehensive Plan is utilized to guide the City in development for the future and was to be updated in 2018. He also stated that in 2017 the City hired a firm to gain input from residents as to what was important to them. They stated some of the word were ÐtrailsÑ, ÐcommunityÑ, ÐfamilyÑ and ÐruralÑ where all a part of the input. He stated what was important to him was rural. He also stated that recently there was a proposal for an apartment building on property north of Main Street near the bank. He stated that there is over 1,000 signatures on an on-line petition (Stopcenterville.com) to stop urban development and should be eye opening to Council. He also discussed the population increase to Page 2 of 10 City of Centerville Council Meeting Minutes July 14, 2021 5,000 for State Aid, limited in land open for development and that the theory is that the leadership is urbanizing the remaining land to force the population to 5,000. Mr. Brickner stated that if ÐruralÑ is important to residents they may consider the views of those who run for office in the future. He stated that he felt that the townhome project is way too dense. He stated that he attended a meeting recently with the developer that he was lead to believe was for input but rather information for residents only where the developer began their presentation with Ðthis project will have a very urban feelÑ. He mentioned that there was no green space for kids, pets, snow removal, etc. and something you would see in a more metropolitan setting not Centerville. He also stated taxpayers should not be subsidizing any development as taxes are already high in Centerville without supporting contractors. He stated that the City would be subsidizing by providing the property for $1 which is appraised at $350,000, contractor requested up to $150,000 for upgraded siding and $80,000 for internal roadways. He also stated that according to information given at another previous meeting it would take 24 years to earn back those costs. He asked if this is setting a precedence with other development/redevelopment in the downtown area. He referenced the Downtown Master Plan, its age and need for review/updating. He stated that previously a developer was going to purchase the entire downtown area and redevelop it. He felt that that was the only way the Downtown Master Plan was feasible. He asked Council whether they desired this proposed project in their neighborhood and whether the answer was yes and you would be in disagreement with most Centerville citizens. He stated that if Council answered no, than why would you think these citizens deserve this project in their neighborhood more than in yours? Mr. Brickner thanked Council for their time, service to the community and making/keeping Centerville a great place to live and raise a family. He stated that he believes Centerville is already a great place to live, will urbanizing it make it a better place to live? Will we lose the Ðsmall townÑ feel and sense of community with this project? He hoped that Council would make the right decision for the community and the nine (9) families directly affected by the project. Mr. Tom Wilharber, 6849 Centerville Road, resident for 54 years, served on P & Z, Council, Mayor and all he heard was not in my neighborhood. Referenced people using the property and not paying the taxes. He stated that the City has owned that property for many, many years. He stated that many comments he has heard is that people do not want more development and he has responded well when should the City have stopped development 50 years ago when he came, 20 years ago or 15 years ago when you came. The property has sat for a very long time with the City incurring expenses in maintaining it. We have finally got something that will look good there and fits into both the Downtown Master Plan and Comprehensive Plan. He stated that many comments that he also heard was that taxes were too high. This project that will assist in lower them and help. Centerville is not be a little rural area. At some point, folks need to realize that farms are developing and if it does not belong to you there is a right to sell it. He stated that he hopes that Council continues with the sale of the property and the proposed development. Acting Mayor Koski thank Mr. Wilharber for his input and years of dedicated service to the City. Acting Mayor Koski asked if everyone that desired to comment had the opportunity. No other audience members made comment. He stated that additional conversations will take place later in the Closed Executive Session. Page 3 of 10 City of Centerville Council Meeting Minutes July 14, 2021 Acting Mayor Koski stated that when you serve the community it is difficult to make decisions and know everything. He stated that Council, Committee/Commission Members are asked to make difficult decisions, have revised plans and generally the public does not participate in those open meetings. He stated that the Council gave direction to the City Administrator to sell/develop City owned property, do something with them and he brought forward a developer who has a plan to complete what was asked of by the City, they have invested time and energy into the proposed development and now Council is to say we are not completing the project. He stated that he understands the concerns of residents, the plans are in place and that is the difficulty in making decisions. We will take everything into consideration. He advised all residents to get involved in their community and stated that he appreciated their comments. V. PUBLIC HEARINGS 1. None. VI. APPROVAL OF THE MINUTES 1. March 10, 2021 City Council Meeting Minutes Acting Mayor Koski provided an opportunity for Council to make modifications to the minutes if desired. Motion by Council Member Mosher, seconded by Council Member King to Approve the March 10, 2021 City Council Meeting Minutes as Presented. All in favor. Motion carried. 2. March 24, 2021 City Council Meeting & Closed Executive Session Minutes Acting Mayor Koski provided an opportunity for Council to make modifications to the minutes if desired. City Attorney Glaser request that a modification be made on the last page of the minutes removing the Motion to Adjourn the meeting as the Mayor Adjourned the meeting after no additional agenda items remained. Motion by Council Member King, seconded by Council Member Mosher to Approve the March 24, 2021 City Council Meeting Minutes as Presented. All in favor. Motion carried. VII. CONSENT AGENDA 1. City of Centerville Claims through July 13, 2021 (Check #33850-33912) & (1721-1730E) & Voided Check #33901 2.Centennial Lake Police Department Claims through July 9, 2021 (Check #13882-13913), Voided Check #13803, Payroll (Check #13890-13891) & (2021029-2021034E) 3. Centennial Fire District Claims through June 22, 2021 (Check #9102-9109) 4.Appointment of Planning and Zoning Commissioner Page 4 of 10 City of Centerville Council Meeting Minutes July 14, 2021 5. Appointment of Parks and Recreation Committee Member 6. Successful Performance Review, Step Increase Î Mr. James Huisenga Î Public Works Maintenance Technician Acting Mayor Koski provided an opportunity for the Council to add or remove any item(s) to/from the consent agenda. Brief discussion was had regarding the voided check #33901 and adding it to Item #1. Council Member King pulled Item 4 and Acting Mayor Koski pulled Item 5 & 6 for comment and discussion. Motion by Council Member King, seconded by Council Member Mosher, to Approve Consent Agenda Items 1, 2 and 3 as Presented. All in favor. Motion carried. Council Member King thanked Mr. Richard Nelson for applying for the vacant Planning and Zoning Commission seat and upon Council motion he welcomed him. Acting Mayor Koski echoed the same comments. Mr. Nelson stated that he has resided in Centerville for the past 3 years. He stated that he is very familiar with the area as his daughter lives in town. Administrator Statz clarified the motions and timing by both the Planning & Zoning Commission and Parks & Recreation Committee for the recommendations for filing their respective vacant seats. Acting Mayor Koski desired to comment and thanked Mr. James Huisenga for his efforts, commitment to the City and congratulated him for the successful review. Motion by Council Member King, seconded by Council Member Mosher to Approve Consent Agenda Items 4, 5 and 6 as Presented. All in favor. Motion carried. VIII.OLD BUSINESS 1. Final Pay Request Î Crawford Merz (City Hall Renovation) Administrator Statz stated that staff has been working with the contractor regarding punch list items, getting documentation together and are ready to accept the project finalizing our contract with them. Council Member King stated when he looked, it shows that the check has already been cut and included in Consent Agenda, Item #1. Administrator Statz explained that if the item were placed on the agenda for approval this evening it would then take an additional two (2) weeks before the check was approved. Administrator Statz stated that Staff could notate similar situations to this. Acting Mayor Koski stated how did we come out with the budget and change orders. Administrator Statz stated that the original bid was only for Council Chambers and HVAC. The optional bid was for the office area which was funded with COVID Funds. He also stated that Page 5 of 10 City of Centerville Council Meeting Minutes July 14, 2021 there were only two (2) change orders for lighting and fire alarms. He felt that the contractor stuck with their original bids and staff is please with their work. Motion by Council Member King, seconded by Council Member Mosher to Approve the Final Pay Request Î Crawford Merz as Presented. Motion failed for lack of a second. 2. Final Plat Application Î Rehbein Commerical Administrator Statz stated that an application for final plat is for consideration and the preliminary plat was approved several months prior. He explained that the plat speaks as Lot and Blocks (Kwik Trip and Norbella Senior Living) and others are outlot. He explained as the outlots develop, Council will approve additional additions to the Rehbein Commercial development (Rehbein nd Commercial, 2 Addition, etc.) He stated approval for a developerÓs agreement would be coming shortly. He clarified the process of moving forward with approval of the Final Plat contingent upon a signed developerÓs agreement, submittal of securities and addressing staff comments. Council Member King asked about conditions placed on the projects. Administrator Statz stated that the Conditional Use Permits will address previously discussed requirements for the two (2) developments considered. Administrator Statz stated that the DeveloperÓs Agreement will address infrastructure, securities, timelines for construction, Torrens/abstract property, and guide future development of the outlots. Administrator Statz stated that those Conditional Use Permits have been approved subject to the approval of the Final Plat and will be recorded once the Plat has been recorded. Acting Mayor Koski asked about the cul de sac and where that went. Administrator Statz stated that the easements associated with that would be a separate document. Acting Mayor Koski asked about the Torrens property. City Attorney Glaser stated that was addressed in the DeveloperÓs Agreement. He explained that COVID have delayed the court and get to be tax productive land and we have had to be unique. Council Member King asked about the cul de sac and continuation of the roadway. He asked who would own the property. Administrator Statz stated that we are utilizing temporary easements. Discussion ensued regarding why the Final Plat and DeveloperÓs Agreement were not together for approval, moving the project forward, etc. Motion by Council Member King, seconded by Council Member Mosher to Approve the Final Plat Contingent Upon a Signed DeveloperÓs Agreement, Submittal of Securities and Addressing Staff Comments. All in favor. Motion carried. IX. NEW BUSINESS 1. North Metro Cable Commission 2022 Budget Administrator Statz stated that all CityÓs that are members of the Joint Power Agreement make separate motions to approve the budget. Administrator Statz stated that the organization has Page 6 of 10 City of Centerville Council Meeting Minutes July 14, 2021 provided great service to their members. He stated that they have been providing staff to cablecast City meetings, have a flexible operation, they are advanced thinking regarding technology and that the City appreciates them. Council Member King stated that it appears things are going similar to when he was appointed to the Commission as a Liaison. Council Member Mosher stated that their details are impressive. Acting Mayor Koski asked what would be revisited in 2021. Administrator Statz stated their revenue stream is different than the CityÓs and difficult to predict how many people will be subscribing for cable services. Discussion ensued regarding what will happen if mid-stream drop in revenue they are very prepared to decrease expenditures or ask for funding. Motion by Council Member King, seconded by Council Member Mosher to Approve the North Metro Cable Commission 2022 Budget as Presented. All in favor. Motion carried. 2. Variance Request Î 1313 Mound Trail Administrator Statz stated that the Planning & Zoning Commission held a Public Hearing regarding the item and the motion was 4/1 in favor of granting the request. He explained that the request is to construct an accessory structure in the front yard as defined by the area between right- of-way and house. He stated that the Code in the most conservative way, the variance would be required. He explained that in past permits these have denied. He stated that it was look at as the road used to be on the lake side, garage and houses were flipped, and many factors such as use of common law speaks about lake lots and front being lake side. He stated there was also discussion of the request for size and existing regulations for 200 square feet or 2% of the lot. He stated that some of the plans have shown an overhang to this accessory structure and is not discussed or approved by the Commission. He also stated that a required would be subject to the 35Ó setback for the Accessory Structure. Discussion ensued regarding setting precedence, unique characteristics and granting a variance, Peltier Lake Drive and placement of homes (setback), Mound Trail and placement of homes (setback), existing accessory structure will be removed on the property and they will have an attached garage, when road was moved from lakeside to front of home. Attorney Glaser stated that the front yard and back yards have flipped when the road moved. Where there is water that is the front yard and that was the way people paddled up to their homes. Code conflicts in situations like this the homeowner did not cause this. Attorney Glaser stated that granting a variance is a great way to address this. He stated because of all of the conflicting factors, this situation is unique and granting a variance is the best way to address this. Administrator Statz stated that the flipping of the yards, lot configuration and all of its uniqueness. Definition of Yard in Code is conflicting and avoiding my interpretation of many individuals. Only way to clear up and have on record that it was approved due to being unique. Acting Mayor Koski stated that language needs to be addressed in ordinance regarding yard definitions. Administrator Statz stated that he believes that the three criteria have been met to grant a variance. (Use is reasonable, keeping with the character of the neighborhood and not caused by the homeowner.) Page 7 of 10 City of Centerville Council Meeting Minutes July 14, 2021 Mr. Matt Beck, 1313 Mound Trail, stated that the current accessory structure is a one-car garage but they desire to replace it with a structure two (2) times larger. Discussion ensued regarding the construction of the new home, its placement, regulations remain the same for all citizens and ability to issue variances. Motion by Acting Mayor Koski, seconded by Council Member King to Approve a Variance for 1313 Mound Trail as Presented along with Findings of Fact Contained in the Staff Memo Which Allows the Accessory Structure in the Front Yard Respecting the 35Ó Setback and No Overhang Structure Allowed. Discussion ensued regarding the 35Ó setback. Administrator Statz stated that the 35Ó setback is from the road right-of-way and that this is a lake lot and the situation is unique, as most owners desire to be close to the lake versus the roadway. Acting Mayor Koski and Council Members King and Mosher voted in favor. Motion carried. X. COUNCIL/ADMINISTRATOR ANNOUNCEMENTS 1. AdministratorÓs Report Administrator Statz stated that it is Fete des Lacs week, he desired to thank all businesses for their sponsorships, he reminded residents that many businesses are offering specials, he invited individuals to participate in an Ice Cream Social sponsored by CarboneÓs. He stated that the Planning & Zoning Commission held a Public Hearing to consider a Preliminary Plat and Conditional Use Permit (CUP) for Sutton Transportation (cross-dock) truck terminal, preliminary plat for a small subdivision of property located at 7261 Main Street (Peterson) and a Variance for 1313 Mound Trail. Administrator Statz explained that the Council would be discussing a purchase agreement for Centra Homes, Block 7 development later this evening. He stated that the next step for this project would be to discuss a DeveloperÓs Agreement if Council and Centra Homes negotiate and agree a purchase agreement. Council Member King stated that with the lack of rain, the seeding in the Downtown area has not taken in many areas and questioned if an extension can be made for the maintenance period to ensure growth. Administrator Statz stated that if weed growth is the issue there may be a potential for hiring a lawn service to apply chemicals. Council Reports a. Lakso - i. Anoka County Fire Protection Council Î No report was given. ii. Parks and Recreation Committee Î No report was given. b. Koski Î Page 8 of 10 City of Centerville Council Meeting Minutes July 14, 2021 i. Fire Steering Committee Î Council Member Koski stated that there would be a meeting on July 15, 2021 at 7:00 p.m. at the City of Circle Pines where they would be discussing a draft of the SBM Administrative contract. ii. Planning & Zoning Commission Î Council Member Koski stated that the th Commission had met on the on the 13 and discussed the Variance for 1313 Mound Trail. c. King Î i. Economic Development Authority Î Council Member King stated that the EDA would be meeting the following week. d. Mosher Î Council Member Mosher stated that there has been a very good turnout for the Main Street Market event. i. Economic Development Authority Î Council Member Mosher stated that the EDA would be meeting the following week. ii. Police Governing Board Î No report was given. e. Love Î North Metro Telecommunications Commission Î No report was given. Police Governing Board Î No report was given. Fire Steering Committee Î No report was given. Other Mayor Reports Î No report was given. XI. RECESS TO CLOSED EXECUTIVE SESSION Acting Mayor Koski recessed the regularly scheduled City Council meeting at 8:19 p.m. and read the language allowing for the Closed Executive Session. CLOSED EXECUTIVE SESSION This portion of the meeting is closed pursuant to Minnesota State Statute 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 Acting Mayor Koski, Council Members Mosher and King along with Staff members Administrator Statz and City Attorney Glaser were present. II. DISCUSSION III. ADJOURN TO REGULAR CITY COUNCIL MEETING Page 9 of 10 City of Centerville Council Meeting Minutes July 14, 2021 Motion by Council Member King, seconded by Council Member Mosher to Adjourn the Closed Executive Session at 9:42 p.m. All in favor. Motion carried. CITY COUNCIL The regularly scheduled Council meeting reconvened at 9:43 p.m. XII. ADJOURNMENT Motion by Council Member King, seconded by Council Member Mosher to Adjourn the Regularly Scheduled Council Meeting of July 14, 2021 at 9:43 p.m. All in favor. Motion carried. Respectfully submitted by City Clerk, Teresa Bender Page 10 of 10 CITY OF CENTERVILLE COUNCIL WORK SESSION, CITY COUNCIL MEETING & CLOSED EXECUTIVE SESSION JULY 28, 2021 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held a Council Work Session, City Council meeting and Closed Executive Session on July 28, 2021 COUNCIL WORK SESSION I. CALL TO ORDER Mayor D. Love called the special meeting to order at 5:01 p.m. ROLL CALL* Not Approved PRESENT: Mayor D. Love Council Member Russ Koski (arrived at 5:04 p.m.) Council Member Darrin Mosher Council Member Steve King Council Member Michelle Lakso ABSENT: None. STAFF: City Administrator Mark Statz Finance Director Bruce DeJong II. AGENDA ITEMS 1. RCWD Erosion Control Inspection Pilot Program Administrator Statz reviewed the Joint Powers Agreement for the City of Centerville & Rice Creek Watershed District (RCWD) Î Coordinating Site Erosion & Sediment Control Programs and MS4 Compliance for Minimum Control Measure 4 as presented. He stated that there has been duplication by city consultants and RCWD staff completing inspections relating to silt fencing, etc. within the requirements of the Minimum Control Measures (MCMs) within the CityÓs MS4 permit. He stated that this would be a pilot program allowing for duplication to discontinue, the City reducing the costs passed along to developers and increase revenues to RCWD. He stated that the City generally contracts consultants to perform inspections at a rate of approximately $130/hour and RCWD would charge the city $55/hour. He felt that it was a win-win situation for the city and RCWD. He stated that no action was needed, it was a discussion item only to ascertain Council input. Brief discussion was had by Council. 2. City Hall Staffing City of Centerville Council Work Session, City Council & Closed Exec. Meeting Minutes July 28, 2021 Administrator Statz stated that over the recent years, the city has had three (3) part-time Receptionists. He stated that it has been challenging to obtain/retain employees in this position due to work-flow, duties, knowledge, etc. He stated that he felt that hiring a full-time staff member at a proposed budget level of $70,000 plus benefits would obtain an employee with a skill-set that may relieve some duties of current staff and provide the city with new assets (social media, web site, etc.) skills. He stated that no action was needed, it was a discussion item only to ascertain Council input and to make Council aware that the position was included in the 2022 budget for further discussion. He stated that he would submit a Job Description for further discussion at CouncilÓs next meeting. Discussion ensued regarding planning background, Parks & Recreation experience, accounting experience; recruitment, reporting, social media and web content/site, etc. 3. 2022 General Fund Budget Finance Director DeJong stated that he noted a typographical error of approximately $9,000 for the line item Elections. He stated that the new full-time position has been added and he explained the offsetting costs for the position (Water/Sewer, $20,000 contingency from the CouncilÓs budget, $25,000 costs of a part-time position, etc.) He stated that he felt that the general fund budget balance would increase $30,000. He addressed that revenue from fines/forfeitures have trended down with the revenue for this item being decreased $2,000. Reviewed additional increases with Council (assessing, police contract, fire contract, proper allocation of Workers Compensation for the Public Works Department, engineering fees for Streets, transfer to EDA and Equipment Replacement. He also stated that the overall effect of these changes increased the General Fund levy of $151,305. He informed Council that the levy is offset by the decrease in debt service levy of $49,391 with a net increase of $101,914 or a 3.7% increase in the overall levy. He stated that information from Anoka County regarding property value increases have not been received. Discussion ensued regarding salary increases, CIP, American Rescue Plan Funding, replacement vehicles, ability to purchase equipment, maintenance of ponds/stormwater fund, having the ability to slowly increase the levy with gradual increases rather than a 12% increase due to cashflow, 1.5% growth from new construction, presentation of Centennial Lakes Police Budget shortly with a 8-10% increase due to Workers Compensation increases due to Post Traumatic Stress Disorder (PTSD), public safety being the CityÓs largest expenditure, etc. Council Member Lakso requested a yearly check-list for Capital Improvement Projects and budgeting. 4. DNR Watering Restrictions Administrator Statz stated that the DNR has issued a Ðsevere droughtÑ warning letter to all water suppliers which requests that the City work to reduce water usage. He explained that this is stage one with an Ðextreme droughtÑ being next and then Ðexceptional droughtÑ. He stated that the DNR provides weekly updates every Thursday. He also explained that May Î September the City invokes a water restriction between the hours of 10 a.m. and 6 p.m. He stated that the CityÓs program follows the requirements of the DNR. He stated that if the DNR imposed higher warnings the City may need to consider more restrictive/punitive enforcement for violations. Page 2 of 11 City of Centerville Council Work Session, City Council & Closed Exec. Meeting Minutes July 28, 2021 Mayor Love closed the Council Work Session at 6:29 p.m. allowing for a five (5) minute break prior to the regularly scheduled Council meeting. COUNCIL MEETING I. CALL TO ORDER Mayor D. Love called the special meeting to order at 6:33 p.m. ROLL CALL PRESENT: Mayor D. Love Council Member Russ Koski Council Member Darrin Mosher Council Member Steve King Council Member Michelle Lakso ABSENT: None. STAFF: City Administrator Mark Statz City Attorney Kurt Glaser II. PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA Mayor Love provided an opportunity for others to add or delete any items. Administrator Statz suggested moving Item #VIII. Recess to Closed Executive Session and the Closed Executive Session before Item #XIII. Adjournment. Motion by Council Member Koski, seconded by Council Member King, to Approve the Agenda as Amended. All in favor. Motion carried. IV. APPOINTMENTS/PRESENTATIONS/COMMENTS 1. None. V. PUBLIC HEARINGS 1. None. VI. APPROVAL OF THE MINUTES 1. April 14, 2021 City Council Meeting Minutes Page 3 of 11 City of Centerville Council Work Session, City Council & Closed Exec. Meeting Minutes July 28, 2021 Mayor Love provided an opportunity for Council to make modifications to the minutes if desired. Motion by Council Member King, seconded by Council Member Mosher to Approve the April 14, 2021 City Council Meeting Minutes as Presented. All in favor. Motion carried. 2. April 28, 2021 City Council Work Session & City Council Meeting Minutes Mayor Love provided an opportunity for Council to make modifications to the minutes if desired. Motion by Council Member Lakso, seconded by Council Member Koski to Approve the April 28, 2021 City Council Work Session & City Council Meeting Minutes as Presented. All in favor. Motion carried. 3. May 4, 2021 City Council Special Council Meeting Mayor Love provided an opportunity for Council to make modifications to the minutes if desired. Motion by Council Member Lakso, seconded by Council Member Mosher to Approve the May 4, 2021 City Council Special Council Meeting Minutes as Presented. All in favor. Motion carried. VII. CONSENT AGENDA 1. City of Centerville Claims through July 28, 2021 (Check #33913-33944) & (1737-1742E) 2. Centennial Lake Police Department Claims through July 22, 2021 (Check #13916-13938), Payroll (Check #13914-13915) & (2021035-2021038E) 3. Centennial Fire District Claims through July 13, 2021 (Check #9114-9135) 4. Encroachment Agreement, 7245 Clear Ridge Î (Fence) 5. Catch Basin Repairs 6. Lawn Mowing Service 7. Transfer of Funds to EDA 8. Request for Payment #10 Î Downtown Street and Utility Improvements Î A-1 Contracting Mayor Love provided an opportunity for the Council to add or remove any item(s) to/from the consent agenda. Mayor Love asked if Item #5 was a budgeted item and Council Member King pulled Item #6 for discussion. Motion by Council Member Koski, seconded by Council Member King, to Approve Consent Agenda Items 1, 2, 4, 5, 7 & 8 as Presented. All in favor. Motion carried. Council Member King that due to a family member working for the RJÓs Property Maintenance he was unsure how to abstain from the vote if the motion contained all items. Page 4 of 11 City of Centerville Council Work Session, City Council & Closed Exec. Meeting Minutes July 28, 2021 Motion by Council Member Lakso, seconded by Council Member Koski to Approve Consent Agenda Items 6 as Presented. Council Member King Abstained. Motion carried. **This items below were moved to Item #XII prior to Adjournment of the Regular City Council Meeting. VIII. RECESS TO CLOSED EXECUTIVE SESSION CLOSED EXECUTIVE SESSION This portion of the meeting is closed pursuant to Minnesota State 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 COUNCIL MEETING (Continued) IX. RECONVENE REGULAR MEETING X. OLD BUSINESS 1. Purchase Agreement Î Block 7 Î Centra Homes Administrator Statz gave a brief history of development firms that have been interested in developing the site, Requests for Proposals (six (6) developers and two (2) responses) and elements the Planning & Zoning Commission and Council desired to see on the site, Downtown Master Plan and the 2040 Comprehensive Plan elements. He stated that staff from Centra Homes and City staff have been working diligently to derive an acceptable purchase agreement. Administrator Statz reviewed the three (3) areas that remained to be acceptable by Centra Homes and they are as follows: Two (2) Phased Project and Right of Reverter; Force Majeure Clause; and HomeownerÓs HOA Cost Burden. He stated that he felt that there was miscommunication regarding Item #1 and clarified per Ms. Carla DunhamÓs email dated July 22, 2021. Administrator Statz also addressed the Right of Reverter which Centra Homes was favorable with along with a Letter of Credit (LOC). He stated that this protects the City and themselves. He reported that the Right of Reverter would remain in place until all upfront infrastructure improvements detailed in the DeveloperÓs Agreement. Administrator Statz reported that Centra Homes also was favorable with the Force Majeure Clause being capped at 24 months as recommended by Council. He stated that there were concerns of the LOC for a period of 10 years associated with the HOA would protect early purchasers from carrying cost of community maintenance, etc. if Centra Homes did not have the ability to complete the project. He reported that Centra Homes counter-offered that they would pre-fund the HOA for a period of 4 years ($15,000/year for four (4) years = $60,000. This would cover snow removal from the private street and trail, lawn care, landscaping/irrigation in the common area and include a reserve. Centra Homes desired for these costs to be equal to Page 5 of 11 City of Centerville Council Work Session, City Council & Closed Exec. Meeting Minutes July 28, 2021 following the close of each unit, the HOA will refund Centra Homes $2,307.69 per unit ($60,000 = 26 units) until all units are sold. Administrator Statz stated that he felt that it was a good agreement. Mayor Love asked if the developer had any additional comments to make and Mr. David Pattberg stated no. Discussion ensued regarding a lot split, 26 lots and an outlot for the roadway which was the original thought of Centra Homes and Mr. Pattberg believes this is part of the confusion of phasing; extension of time of performance for 24 months; HOA and the $15,000/year as cost as a best guess, previously failed HOAÓs, etc.; clarification on the way the buildings would be built; and Centra Homes stated that they would not be able to finance the project if the City owned part of the project. Administrator Statz stated that this eveningÓs direction would yield a final purchase agreement. Mayor Love moved XI. New Business, Item #4 to present. He stated that he desired to move it up on the Agenda as Chief Charlie Smith, Spring Lake Park/Blaine/Mounds View Fire Department was in attendance. IX. NEW BUSINESS 1. Contract for Fire Administration Services Î Spring Lake Park/Blaine/Mounds View (SBM) Fire Department Chief Smith introduced himself to the Council and thanked them for allowing SBM to provide these services. He stated that the firefighters from Centennial have been fantastic to work with through this transition period. He stated that SBM is a people centered organization and mission centered. He stated that the officers of the Department but they exist to support the firefighters and supply them with the tools needed to provide services to the public. He stated that there are nine (9) chief officers that throughout the transition period. He explained that the Centennial Department would remain the same but staffing, training and response times would be a priority. Administrator Statz stated that the Fire Steering Committee has voted to accept the proposal and enter into the contract presented, but desires to obtain both CouncilÓs (Circle Pines/Centerville) approval as well. He stated that SBM will be the Chief and two (2) Full-Time firefighters will be added with the positions being filled by August 16, 2021. He also stated that three (3) people will be on duty during the day time and response times should improve. Administrator Statz stated that all fire departments are experiencing the lack of day time firefighters and recruitment is extremely difficult. Mayor Love stated that two (2) members of Council sit on the Fire Steering Committee, himself and Council Member Koski. He stated that they voted in favor of forwarding the contract to Council for consideration. Mayor Love provided Council Member Koski with an opportunity to speak on the item. Council Member Koski thanked the entire Steering Committee, Administrators, Co-Chief Peil and stated that a large amount of time was put into the decision making process and the agreement. He stated that this has taken over a year, the hiring of a consultant, a large amount of research and consideration by all involved and the decision was not made lightly as this is public Page 6 of 11 City of Centerville Council Work Session, City Council & Closed Exec. Meeting Minutes July 28, 2021 safety. He believed that staffing, communication and response times benefit all in the community. He thanked Chief Smith for his efforts and leadership in making us comfortable with the transition. He desired to caution Council on the proposed savings of $40,000 as it may not remain that way. Mayor Love stated that there are seven (7) reason he felt that the contract was good for Centerville and its citizen. He stated that there is a large amount of discussion about regional firefighting and we are on the cutting edge with the agreement, we get to remain Centennial Fire, take advantage of robust training with SBM, provides a different approach for operating the department than in the past, we have an out clause, Chief SmithÓs leadership and the survey of firefighters who had no objections to the contract. Discussion ensued regarding the opportunity to enter into the agreement, ensuring that the contract is fulfilling the needs and goals outlined, the 10% language for excessive administrative/management costs, collaboration is unknown, opportunities for additional discussion, unforeseen items, and resource heavy in the beginning. Chief Smith stated that they are adding two (2) fire stations to their family of five (5) with this contract. He stated that Centennial Fire is a fantastic organization and that SBM would be providing leadership and making things better for the firefighters and the public. Lengthy discussion ensued regarding SBMÓs structure, amount of full-time firefighters, cross- trained City of Blaine staff, use technology, non-traditional ways of doing things, staffing at Circle Pines and Centerville, M-Health (Advanced Life Support), amount of firefighters on a call (OSHA standards 4) with stipulations, mutual aid and a 10 year contract with Blaine to expire in 2023 with renewal options. Mayor Love thanked Chief Smith for his attendance. Chief Smith thanked Council for their support and stated that they would not let the City down. Motion by Council Member Koski, seconded by Council Member Mosher to Approve the Administrative Services Contract with Spring Lake Park/Blaine/Mounds View (SBM) Fire District. All in favor. Motion carried. 2. Extension of Contract Î ABDO, Eick & Meyers Administrator Statz stated that ABDO, Eick & Meyers has been delivering financial auditing services for the City for numerous years with the existing three year contract expiring. He stated that the contract would be an extension for an additional three (3) year period with modest increases. He stated that the Finance Director solicited a bid for the extension. Administrator Statz felt that the City has received good services with them in the past and recommends approval of the contract extension. He stated that Council could solicit Requests for Proposals if desired. Discussion ensued regarding Requests for Proposals for the future, professional services and continued relationships are important, the length of time it has been since the last Request for Proposals for these services, establishing a policy for length of time before Request for Proposals Page 7 of 11 City of Centerville Council Work Session, City Council & Closed Exec. Meeting Minutes July 28, 2021 are taken with all professional service providers, put on record when contract ends the City will be going out for RFPs. Motion by Council Member Koski, seconded by Council Member Lakso to Approve the Contract with ABDO, Eick & Meyers for Audit Services for Fiscal Years 2021, 2022 and 2023 as Presented. Council Member Mosher asked whether the motion should include soliciting RFPs following the 2023 audit. Council Member Koski felt that it was not needed but should be considered before granting another extension. All in favor. Motion carried. 3. Preliminary Plat Î Peterson Shores Administrator Statz stated that this is a simple lot split of one (1) larger parcel being split into two (2) along the lake. He stated that the original preliminary plat contained property owned by the St. Paul Regional Water. He explained that the plat has been revised, there is an easement on the property and the intended home would not be in the easement and that there is one (1) driveway but the County has stated that they would allow another. Administrator Statz stated that fees would be due for SAC and WAC for the new lot and one (1) WAC for the existing home when removed and rebuilt. He also stated that additional fees will be due such as stormwater fees and park dedication fees. He stated that the P & Z Commission held its required hearing and is making the recommendation to Council for approval. Administrator Statz stated that the plat that is contained in the packet is not the revised plat excluding St. Paul Regional WaterÓs property. Motion by Council Member King, seconded by Council Member Koski to Approve the Preliminary Plat for Peterson Shores Contingent upon Addressing the Comments of all City Staff & Departments. All in favor. Motion carried. 4. Preliminary Plat Î Rehbein Industrial Î Sutton Transportation Administrator Statz stated that this plat is for a single 15 acre parcel with the dedication of right- st of-way for both 21 Avenue and Fairview Street. He stated that the plat is being completed to accommodate the development of a 40,000 square foot warehousing/cross-dock facility for Sutton st Transport and due to the fact that Fairview Street will be completed to 21 Avenue. Administrator Statz stated that this is an existing business that is moving from their current location. He stated that they would have outside storage meeting the CityÓs code. He noted that they are meeting all requirements of the code but that is not for consideration this evening. He stated that this is for the Preliminary Plan, infrastructure and a Final Plat and DeveloperÓs Agreement will be in the future. He also stated that the P & Z Commission held its required hearing and is making the recommendation to Council for approval. Page 8 of 11 City of Centerville Council Work Session, City Council & Closed Exec. Meeting Minutes July 28, 2021 st Discussion ensued regarding outside storage as the building expanding, the extension of 21 Avenue to Cedar Street, strict outside storage regulations, building esthetics and Conditional Use requirements. Motion by Council Member Mosher, seconded by Council Member Koski to Approve the Preliminary Plat for Rehbein Industrial, contingent upon addressing the Comments of all City Staff & Department. All in favor. Motion carried. 5. RCWD Erosion Control Inspection Pilot Program Administrator Statz stated that this was discussed at the Work Session earlier this evening, he reported that RCWD has not approved the document yet but have fined tuned it and that is what is before Council this evening. Motion by Council Member King, seconded by Council Member Koski to Approve the RCWD Erosion Control Inspection Pilot Program. Council Member Lakso stated that the motion recommended by Staff was to approve the Joint Powers Agreement with the Rice Creek Watershed District for Coordination of Erosion and Sediment Control Inspections. Council Member King accepted the friendly amendment and rephrased the motion as follows: Motion by Council Member King, seconded by Council Member Koski to Approve the Joint Powers Agreement with the Rice Creek Watershed District for Coordination of Erosion and Sediment Control Inspections as presented. All in favor. Motion carried. X. COUNCIL/ADMINISTRATOR ANNOUNCEMENTS 1. AdministratorÓs Report Administrator Statz stated that his report was in the packet for review and he would accept and questions. He also stated that the moratorium for evictions was going to end soon and calling 211 will provide rental assistance. He stated that the festival, Music in the Park and Main Street Market have really been wonderful events and he thanked the volunteers for their hard work. He noted that he has been working with developers to finalize items and their completion dates have come and gone. He stated that September 1 is the deadline if items are not completed, the City will be drawing on Letters of Credit. Mayor Love asked about the Brew Pub and where Administrator Statz suggested sites. He stated that he emailed them and shared that with EDA. Administrator Statz stated that he suggested 1695 and 1737 Main Street 5,000-8,000 sq. feet of building is desired. Suggested an industrial building zoned Commercial and potential site of where the apartment building was proposed. Council Reports Page 9 of 11 City of Centerville Council Work Session, City Council & Closed Exec. Meeting Minutes July 28, 2021 a. Lakso - i. Anoka County Fire Protection Council Î Was unable to attend. She did ask how it will look with Chief Smith representing us. Administrator Statz stated that Chief Smith is a consultant and all will remain. Officer BJ Stephan and herself served in the capacity of Incident Management. She stated that having a Security and Safety Plan worked well and she will be sharing it with other communities. ii. Parks and Recreation Committee Î Council Member Lakso reported that Heidi Errickson-Grahek was appointed Chair of the Committee and Ms. Jessica Kubat was appointed to the Committee. b. Koski Î i. Fire Steering Committee Î Council Member Koski that the meeting took place on th the 15 and the contract with SBM was approved. ii. Planning & Zoning Commission Î Council Member Koski stated that the meeting was moved due to Night to Unite. c. King Î i. Economic Development Authority Î Council Member King stated that they went over the budget, discussion took place regarding 1737 Main Street and preparing plans assisting with the sale of the property. d. Mosher Î i. Economic Development Authority Î Council Member Mosher stated that the EDA discussed putting money towards ($10-15,000) for Mr. Mike Brass to develop plans for a building which would saving time in attracting businesses for the 1737 Main Street. ii. Police Governing Board Î No report was given. e. Love Î Suggested that the proposed renderings should include our suggestion for exterior aesthetics. He stated that the Main Street Market and Bald Eagle Ski Club took place and he had an opportunity to attend and he was impressed with the turnout. He stated that he attended Mr. Randy LauderbaughÓs retirement. He stated that he was unable to attend the Fete des Lacs celebrations and it was wonderful seeing everyone out and about and enjoying themselves. He thanked all involved in making this wonderful event happen. He also thanked all supporters of his son and stated that well wishes and donates have been much appreciated. He asked for additional prayers. North Metro Telecommunications Commission Î No report was given. Police Governing Board Î No report was given. Fire Steering Committee Î No report was given. Other Mayor Reports Î No report was given. XI. RECESS TO CLOSED EXECUTIVE SESSION Page 10 of 11 City of Centerville Council Work Session, City Council & Closed Exec. Meeting Minutes July 28, 2021 Mayor Love recessed the regularly scheduled City Council meeting at 8:24 p.m. and read the language allowing for the Closed Executive Session. CLOSED EXECUTIVE SESSION This portion of the meeting is closed pursuant to Minnesota State Statute 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 Mayor Love, Council Members King, Koski, Lakso and Mosher along with Staff members Administrator Statz and City Attorney Glaser were present. II. DISCUSSION III. ADJOURN TO REGULAR CITY COUNCIL MEETING Motion by Council Member , seconded by Council Member to Adjourn the Closed Executive Session at p.m. All in favor. Motion carried. CITY COUNCIL The regularly scheduled Council meeting reconvened at p.m. XII. ADJOURNMENT Motion by Council Member , seconded by Council Member to Adjourn the Regularly Scheduled Council Meeting of July 28, 2021 at p.m. All in favor. Motion carried. Respectfully submitted by City Clerk, Teresa Bender Page 11 of 11 10/07/21 2:00 PM CITY OF CENTERVILLE Page 1 Check Detail - October 13, 2021 Check DateCheck #Vender NameCommentsAmount 110/6/2021001772EMINNESOTA DEPT OF REVENUECOMM WATER SALES TAX FOR SEPT. 2021$395.00 110/6/2021001772EMINNESOTA DEPT OF REVENUESOLID WASTE TAX FOR GARBAGE FOR SEPT.$1,714.00 Check Nbr 001772 MINNESOTA DEPT OF REVENUE$2,109.00 110/6/2021001773ETASCFSA PAYMENT$114.58 Check Nbr 001773 TASC$114.58 110/13/2021034594 ALLSTREAMPHONE SERVICE P.W. - SERV THRU 10-22-21$102.81 Check Nbr 034594 ALLSTREAM$102.81 110/13/2021034595 AMERITASVISION CARE - SERV THRU 10-31-21$6.12 Check Nbr 034595 AMERITAS$6.12 110/13/2021034596 ANOKA COUNTY TREASURYOCT. 2021 BROADBAND$37.50 110/13/2021034596 ANOKA COUNTY TREASURYOCT. 2021 BROADBAND$37.50 110/13/2021034596 ANOKA COUNTY TREASURYOCT. 2021 BROADBAND$37.50 Check Nbr 034596 ANOKA COUNTY TREASURY$112.50 110/13/2021034597 BAROTT DRILLING SERVICES7048 PROGRESS RD - WELL SEALING$1,475.00 Check Nbr 034597 BAROTT DRILLING SERVICES$1,475.00 110/13/2021034599 CENTENNIAL LAKES POLICE DEPTPOLICE SERVICES - 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SURCHARGES FOR 3RD QTR$24.00 110/13/2021034621 MN DEPT OF LABOR & INDUSTRYELECRICAL SURCHARGES FOR 3RD QTR$25.00 110/13/2021034621 MN DEPT OF LABOR & INDUSTRYFIRE SUPR SURCHARGE FOR 3RD QTR$28.50 Check Nbr 034621 MN DEPT OF LABOR & INDUSTRY$383.75 110/13/2021034622 NATIONWIDE RETIREMENT SOLUTIONDEF COMP W/H - PAY PERIOD 21$1,083.33 Check Nbr 034622 NATIONWIDE RETIREMENT SOLUTION$1,083.33 110/13/2021034623 NYKANEN INSPECTIONS LLCELECTRICAL INSPECTIONS THRU 9-30-21$722.40 Check Nbr 034623 NYKANEN INSPECTIONS LLC$722.40 110/13/2021034624 OLSON, JACOB & SARA SCHLUETER1982 CARDINAL DR - REFUND OVER PD FINAL UT BILL$1.96 Check Nbr 034624 OLSON, JACOB & SARA SCHLUETER$1.96 110/13/2021034625 PRESS PUBLICATIONSPUBLIC HEARING AMEND OUTSIDE STORAGE$276.48 Check Nbr 034625 PRESS PUBLICATIONS$276.48 110/13/2021034626 R.J.S PROPERTY MAINTENANCELAWN MOWING - PARKS$5,028.00 110/13/2021034626 R.J.S PROPERTY MAINTENANCELAWN MOWING$1,672.00 110/13/2021034626 R.J.S PROPERTY MAINTENANCELAWN MOWING - CITY HALL$328.00 110/13/2021034626 R.J.S PROPERTY MAINTENANCEAEREATING LAWN - CITY HALL$1,550.00 110/13/2021034626 R.J.S PROPERTY MAINTENANCEAEREATING LAWN - LAMOTTE PARK$1,550.00 Check Nbr 034626 R.J.S PROPERTY MAINTENANCE$10,128.00 110/13/2021034627 RUFFRIDGE JOHNSON EQUIP. CO.,REPAIRS TO VACTOR TRAILER$1,270.97 10/07/21 2:00 PM CITY OF CENTERVILLE Page 3 Check Detail - October 13, 2021 Check DateCheck #Vender NameCommentsAmount 110/13/2021034627 RUFFRIDGE JOHNSON EQUIP. CO.,REPAIRS TO VACTOR TRAILER$1,270.98 Check Nbr 034627 RUFFRIDGE JOHNSON EQUIP. CO.,$2,541.95 110/13/2021034628 SAFEGUARD SECURITYMONTHLY FIRE ALARM MONITORING W/H SERVICE PLAN - CI$44.95 Check Nbr 034628 SAFEGUARD SECURITY$44.95 110/13/2021034629 SENSAPHONE1 YR CELLULAR ONE YEAR SUBSCRIPTION #PART: SCD-1200-$149.70 110/13/2021034629 SENSAPHONE1 YR CELLULAR ONE YEAR SUBSCRIPTION #PART: SCD-1200-$149.70 Check Nbr 034629 SENSAPHONE$299.40 110/13/2021034630 SHARPER HOMES20-092 1845 OLD MILL CT - REFUND ESCROW$5,000.00 Check Nbr 034630 SHARPER HOMES$5,000.00 110/13/2021034631 STANTEC CONSULTING SERVICES INWATER - SERV THRU 9-3-21$412.50 110/13/2021034631 STANTEC CONSULTING SERVICES INOLD MILL ESTATES - PHASE 1 - SERV THRU 9-3-21$133.80 110/13/2021034631 STANTEC CONSULTING SERVICES INRESIDENTIAL DRIVEWAYS - SERV THRU 9-3-21$1,035.00 110/13/2021034631 STANTEC CONSULTING SERVICES INOLD MILL ESTATES - PHASE 2 - SERV THRU 9-3-21$133.80 110/13/2021034631 STANTEC CONSULTING SERVICES IN2019 STR DOWNTOWN STR & UT IMPROVE - SERV THRU 9-3-$576.50 110/13/2021034631 STANTEC CONSULTING SERVICES IN2019 STR DOWNTOWN STR & UT IMPROVE - SERV THRU 9-3-$432.39 110/13/2021034631 STANTEC CONSULTING SERVICES IN2019 STR DOWNTOWN STR & UT IMPROVE - SERV THRU 9-3-$1,873.69 110/13/2021034631 STANTEC CONSULTING SERVICES INGENERAL SERVICES - THRU 9-3-21$1,412.25 Check Nbr 034631 STANTEC CONSULTING SERVICES IN$6,009.93 110/13/2021034632 STINGER, NATHAN - KAYLAREFUND - USE OF LAMOTTE PARK 9-18-21 RESTROOMS WER$25.00 Check Nbr 034632 STINGER, NATHAN - KAYLA$25.00 110/13/2021034633 SUN LIFE INSURANCE COMPANYLIFE INS - SERV THUR 10-30-21$99.39 110/13/2021034633 SUN LIFE INSURANCE COMPANYSHORT TERM DISABILITY INS - SERV THRU 10-30-21$151.78 Check Nbr 034633 SUN LIFE INSURANCE COMPANY$251.17 110/13/2021034634 TASCFSA - ADMINISTRATIVE FEES$74.04 110/13/2021034634 TASCADMINISTRATION FEE - COBRA$10.00 Check Nbr 034634 TASC$84.04 110/13/2021034635 TIME SAVERP & Z MEETING - MINUTES$295.00 Check Nbr 034635 TIME SAVER$295.00 110/13/2021034636 VERIZONCELL SERV THRU 9-10-21$54.68 110/13/2021034636 VERIZONCELL SERV THRU 9-10-21$59.58 110/13/2021034636 VERIZONCELL SERV THRU 9-10-21$49.58 110/13/2021034636 VERIZONCELL SERV THRU 9-10-21$49.58 110/13/2021034636 VERIZONTABLET CHG SERV THRU 9-10-21$41.17 Check Nbr 034636 VERIZON$254.59 110/13/2021034637 XCEL ENERGY1601 LAMOTTE DR - SERV THRU 10-3-21$26.31 110/13/2021034637 XCEL ENERGY7098 CENTERVILLE RD - SERV THRU 10-3-21$19.78 110/13/2021034637 XCEL ENERGY6970 LAMOTTE DR - SERV THRU 10-2-21$134.06 Check Nbr 034637 XCEL ENERGY$180.15 110/13/2021034638 CENTENNIAL FIRE DISTRICTSTATE FIRE AID$55,927.35 Check Nbr 034638 CENTENNIAL FIRE DISTRICT$55,927.35 110/13/202103463 $ Check Nbr 03463 $ $, 10/07/21 2:04 PM CITY OF CENTERVILLE Page 1 Check Detail - September 30, 2021 Check DateCheck #Vender NameCommentsAmount 19/30/2021001769EPERAPERA W/H - PAY PERIOD 20$3,464.57 Check Nbr 001769 PERA$3,464.57 19/30/2021001770EIRS/EFTPSFED W/H - PAY PERIOD 20$2,743.45 19/30/2021001770EIRS/EFTPSFICA/MED W/H - PAY PERIOD 20$3,799.64 Check Nbr 001770 IRS/EFTPS$6,543.09 19/30/2021001771EMINNESOTA DEPT OF REVENUESTATE W/H - PAY PERIOD 20$1,152.24 Check Nbr 001771 MINNESOTA DEPT OF REVENUE$1,152.24 $11,159.90 CENTENNIAL LAKES POLICE DEPTCheck Register - POLICEPage: 1 Check Issue Dates: 10/1/2021 - 10/7/2021Oct 08, 2021 09:30AM Report Criteria: Report type: Summary Check NumberCheck Issue DatePayeeAmount 1402910/07/2021ANOKA CO TREASURY OFFICE75.00 1403010/07/2021BUREAU OF CRIM. APPREHENSION390.00 1403110/07/2021CENTURY LINK124.12 1403210/07/2021COVERALL NORTH AMERICA, INC780.00 1403310/07/2021EMERGENCY CONTRACTORS815.00 1403410/07/2021GEORGE'S INC1,646.00 1403510/07/2021PITNEY BOWES, INC84.23 1403610/07/2021QUILL LLC179.92 1403710/07/2021CITY OF ROSEVILLE4,527.75 1403810/07/2021SHRED-N-GO, INC66.75 1403910/07/2021SIRCHIE46.35 1404010/07/2021TRANSUNION RISK & ALTERNATIVE75.00 1404110/07/2021VERIZON WIRELESS1,159.61 202105010/07/2021DELTA DENTAL1,293.50 202105110/07/2021OPTUM4,048.44 202105210/07/2021OPTUM22.50 202105310/07/2021U S BANK183.95 202105410/07/2021WEX BANK3,563.75 Grand Totals: 19,081.87 Payroll Check #14027-14028 M = Manual Check, V = Void Check CENTENNIAL LAKES POLICE DEPTCheck Register - POLICEPage: 1 Check Issue Dates: 9/24/2021 - 9/30/2021Sep 30, 2021 11:56AM Report Criteria: Report type: Summary Check NumberCheck Issue DatePayeeAmount 1402309/30/2021GEORGE'S INC1,716.00 1402409/30/2021MIDWAY FORD INC75.53 1402509/30/2021CITY OF ST PAUL250.00 1402609/30/2021SIRCHIE29.70 Grand Totals: 2,071.23 M = Manual Check, V = Void Check CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: October 13, 2021 Finance/Administration VII.1 TITLE OF ISSUE: Contract for Sensaphone BACKGROUND AND SUPPLEMENTAL INFORMATION: The Centerville Claims includes a payment for the Sensaphone contract which is Consent Agenda, (Item #4 - $299.40/year). This contract is for the City's SCADA equipment allowing for emergency voice calls & text messages, as well as, unlimited datalogging, audit trail, automated reports and web API access. By placing a check in the Claims and placing the contract on the Agenda, the check will be mailed with the sign contract which will not be delayed. COST AND SOURCE(S) OF FUNDING: Water Fund - $149.70 & Sewer Fund - 149.70 REQUESTED COUNCIL ACTION: Motion by Council to Approve the Contract for Sensaphone and release the annual payment simultaneously. For ClerkÓs Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ X Vote Record: Aye Nay _____ _____ Sensaphone 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: October 13, 2021 Administration VII.5 TITLE OF ISSUE: 2022 Agreement for Residential Recycling Program BACKGROUND AND SUPPLEMENTAL INFORMATION: On an annual basis, the Council adopts an Agreement for Residential Recycling Program with the County. The agreement establishes the amount of SCORE funds that the City is eligible for the year and programs/eligible expenses that the funding can be utilized for. The available funds to the City are $29,275.50 for 2022. These funds reimburse the City for such things as Clean Up Day, operating the Green Lights Recycling Program, replacement of receptacles within the parks, . Biannual reporting is completed by Staff followed by reimbursement from the County. This is ordinary/customary and needs to be reviewed by the City Attorney as to form & legality. COST AND SOURCE(S) OF FUNDING: No cost REQUESTED COUNCIL ACTION: Motion to adopt the 2022 Agreement for Residential Recycling Program with Anoka County. For ClerkÓs Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ X Vote Record: Aye Nay _____ _____ Attached Other (specify) ____________ _____ _____ _____ _____ _______________________________________________________________ _____ _____Ki _____ ____________________________________________________________________ Administration Department Use: Refer to: _________________________________ Consent Tabled Until: ______________________________ Regular Other: ___________________________________ October 1, 2021 City of Centerville Attn: Teresa Bender 1880 Main Street Centerville, MN 55038 Dear Ms. Bender: Enclosed is your 2021 contract with Anoka County. Please review the contract and complete the signature portion using DocuSign. If applicable and ready, please attach the necessary insurance information using the attachment link in the DocuSign document. If insurance is not ready and you will be sending this information at a later date, please send to: Angie Rodine Angela.Rodine@co.anoka.mn.us or County of Anoka 2100 3rd Avenue, 5th Floor Anoka, MN 55303 PLEASE NOTE: The following information is required as part of your contract. If the contract is signed and executed Breach of Contract and/or payments may be withheld until information is received. CERTIFICATE OF LIABILITY INSURANCE - Required No insurance information is needed for this contract. CONTRACTOR INFORMATION SHEET - Required Please update/complete and sign this page and return with your contract. DocuSign will automatically forward a copy of the signed contract to you, once completed. If you have questions regarding the contract, please call your Contract Manager, Sue Doll, at 763-324-3482. Sincerely, Angie Rodine Administrative Secretary, Planning and Operations Support Services s Community Social Services & Behavioral Health Government Center 2100 3rd Avenue N, STE 500 Anoka, MN 55303-5049 PHONE: 763-324-1400 FAX: 763-324-1110 Affirmative Action / Equal Opportunity Employer Anoka County Contract # C0008783 2022 AGREEMENT FOR RESIDENTIAL RECYCLING PROGRAM THIS AGREEMENT made and entered into on the 1st day of January 2022, notwithstanding the date of the signatures of the parties, between the COUNTY OF ANOKA, State of Minnesota, hereinafter referred to as the “COUNTY”, and the CITY OF CENTERVILLE, hereinafter referred to as the “MUNICIPALITY”. WITNESSETH: WHEREAS, the County will receive funding from the State of Minnesota pursuant to Minn. Stat. § 115A.557 (hereinafter “SCORE funds”) during 2022 which must be used to encourage and improve recycling and a portion must be specifically directed to recycling source -separated compostable materials; and WHEREAS, the County will also receive funding pursuant to Minn. Stat. § 473.8441 (hereinafter “LRDG) funds”) during 2022 and WHEREAS, the County also has additional budgeted program funding available to supplement SCORE and LRDG funds for solid waste recycling programs, so that the available amount for the Residential Recycling Program is $1,618,207.50. WHEREAS, the County Solid Waste Management Master Plan 2018 (Master Plan 2018) and MPCA Metropolitan Solid Waste Management Policy Plan 2016-2036 state that MSW generated in the County that is not reused, recycled or composted, will be processed to the extent that processing capacity is available; and WHEREAS, the Master Plan 2018 was developed with the participation of a representative from the Municipality staff, and the Municipality is required to develop and implement programs, practices, or methods designed to meet waste abatement goals by Minn. Stat. § 115A.551, Subd 2a. (b). WHEREAS, the County wishes to assist the Municipality in meeting recycling goals established by Anoka County by providing said SCORE, LRDG, and County budgeted program funds to cities and townships in the County for solid waste recycling programs. NOW, THEREFORE, in consideration of the mutual covenants and promises contained in this Agreement, the parties mutually agree to the following terms and conditions: 1. PURPOSE AND CONTRACT DOCUMENTS. The purpose of this Agreement is to provide for cooperation between the County and the Municipality to implement solid waste recycling programs in the Municipality which will help the County and member municipalities meet the goals set in the current Anoka County Solid Waste Management Master Plan. The County and the Municipality agree that the information provided in the recitals above is to be incorporated into the purpose of this agreement. The Contract Documents include: the Anoka County Municipal Waste Abatement Grant Funding Application submitted by the Municipality for the current contract year, and the Grant Funding Award issued by Anoka Countyfor the current contract year. These documents are incorporated into this agreement by reference and are components of the entire contract package. The order of precedence of these documents in the event of inconsistency or ambiguity shall be resolved in the following order: 1) this Agreement for Residential Recycling Program; 2) Grant Funding Award; and 3) Anoka County Municipal Waste Abatement Grant Funding Application. 2. TERM. The term of this Agreement is from January 1, 2022 through December 31, 2022 unless earlier terminated as provided herein. 3. DEFINITIONS. Defined terms contained in this Agreement and all the attachments are found in Minn. Stat. §§ 115A.03; 115A.471; and 115A.552. The use of capitalization for defined terms has no special effect. For convenience, a full list of defined terms is included with the Municipal Waste Abatement Grant Funding Application. Additionally: a. “Full-Service Recycling Drop-off Center” means centralized permanent drop-off center that is open at least two times a week and accepts at least four types of materials beyond traditional curbside recyclables, i.e.: mattresses, appliances, scrap metal, furniture, source-separated compostable materials, electronics, etc. b. “Multi-family dwellings” means households within apartment complexes, condominiums, townhomes, mobile homes and senior housing complexes. c. “Quasi-municipal event” means community festivals which appear to the public to be supported and run by the Municipality but in fact are sponsored or co-sponsored by an independent non-profit 501c (3) organization, for example: the Anoka Halloween Parade. 4. ELIGIBILITY FOR FUNDS. The Municipality is entitled to receive reimbursement for eligible expenses, less revenues or other reimbursement received, for eligible activities up to the project maximum, which shall not exceed $29,275.50. The County reserves the right to reduce the funding provided in the event the Municipality does not complete the additional Grant Projects referenced in the Anoka County Municipal Waste Abatement Grant Funding Application. The County also reserves the ability to assess the programs and reallocate unused SCORE and/or, LRDG funds mid-year if any participating municipality demonstrates the need for the funding and funds are available. The Municipality shall be provided documentation of the funding award determination and rationale as indicated by the 2022 Grant Funding Award. 5. PROGRAM. The Municipality shall develop and implement a residential solid waste recycling program adequate to meet the Municipality’s annual recycling goal of 428 tons of recyclable materials as established by the County. The Municipality shall ensure that the recyclable materials collected are delivered to processors or end markets for recycling. a. The Municipal recycling program shall include the following components: i. Each household (including both single and Multi-family dwellings) in the Municipality shall have the Opportunity to Recycle at least four broad types of materials, including but not limited to, paper (including cardboard/paperboard cartons), glass, plastic and metal. ii. The recycling (including any organics) program shall be operated in compliance with all applicable federal, state, and local laws, ordinances, rules and regulations. iii. The Municipality shall implement a public information program that contains at least the following components: (1) One promotional mailing to each household focused exclusively on the Municipality’s recycling and source-separated compostable materials program; (2) One promotional advertisement detailing recycling and organics opportunities available for residents included in the Municipality’s newsletter or local newspaper; and (3) Two community outreach activities at Municipal or Quasi-municipal events to inform residents about recycling and source-separated compostable materials opportunities. iv. The public information components listed above shall focus on all recyclable materials and the various opportunities to recycle and compost source-separated compostable materials within the Municipality. The Municipality shall incorporate County/regional/State campaigns and images and use the toolkits provided by the County when preparing promotional materials. The Municipality, on an ongoing basis, shall identify new residents and provide detailed information on the recycling opportunities available to these new residents. The County shall work with the Municipality on promotional materials to coordinate messages. The Municipality shall provide promotional materials to the County for review prior to publication to ensure accuracy. v. The Municipality shall regularly attend the bi-monthly Solid Waste Abatement Advisory Team (SWAAT) meetings per year. vi. The Municipality shall offer a minimum of one spring and/or fall recycling drop-off event(s) where items not normally accepted at the curb are collected for recycling. If the Municipality is hosting a monthly drop-off as described below, the spring/fall recycling drop-off events may be included within that program. b. The Municipality is encouraged to expand its recycling program to include one or more of the following components in order to receive additional funding. i. Organize monthly/quarterly recycling drop-off events which can be held in conjunction with a neighboring municipality(ies) on a cooperative basis for the citizens of both/all municipalities. ii. Provide a community event recycling program, which at a minimum would consist of providing recycling opportunities at all Municipal sponsored or Quasi-municipal events and festivals as required by Minn. Stat. § 115A.151. The feasibility of adding organics collection at the event will be explored,and if feasible, implemented as an enhancement to the waste abatement program. iii. Provide the opportunity for citizens to engage in recycling activities at Municipal and Quasi-municipal facilities as required by Minn. Stat. § 115A.151 such as athletic fields and public centers. iv. Organize and manage a Full-Service Recycling Drop-off Center. v. Develop enhanced recycling promotion and assistance for Multi-family dwellings. vi. Develop additional opportunities for source-separated compostable materials collection. vii. Develop and implement additional opportunities to recycle bulky and problem materials (e.g. appliances, batteries, carpet pad, electronics, fluorescent lamps, mattresses, oil, scrap metal, etc.) from residents on an on-going basis either curbside or at a drop-off. c. If the Municipality’s recycling program did not achieve the Municipality’s recycling goals as established by the County for the prior calendar year, the Municipality shall work with the County to prepare a plan to achieve the recycling goals set forth in this Agreement. d. The Municipality’s recycling program shall be limited to residential programming for funding reimbursements under this Agreement. The County will not reimburse business recycling programming or household hazardous waste programming by the Municipality. Any inquiries or requests regarding these topics should be sent to the County for response. e. In addition to the above requirements designed to increase residential recycling opportunities, the Municipality shall provide recycling opportunities in all municipal buildings including but not limited to, city offices, public meeting rooms and parks, as required by Minn. Stat. § 115A.151. If items collected through the Municipal recycling program prove to be contaminated or not recyclable, those items shall be treated as public entity waste and shall be processed at a resource recovery facility unless the waste has been certified as unprocessible. Minn. Stat. §§ 115A.46, 115A.471 and 473.848. See page 44, 47-48, 51, and p. 67 of the 2018 Anoka County Solid Waste Management Master Plan regarding the requirements for Public Entity Waste. f. If the Municipality requests reimbursement for park/public entity recycling/organics/trash waste systems/containers, the Municipality needs to work with the County before an order is placed to make sure the containers are consistent with the requirements set forth by the County for colors e.g. (blue for recycling, green for organics and gray or black for trash), openings and labels. g. Pursuant to Minn. Stat. §§ 115A. 46, 115A.471 and 473.848, all waste generated by municipal government activities (including city/town halls, public works and public safety buildings, parks, and libraries, and for municipalities that arrange for waste services on behalf of their residents (organized collection)) shall be delivered to a waste processing plant for disposal as long as capacity is available. Failure to comply with this provision shall constitute a breach of this Agreement resulting in the loss of all Grant Funding unless, pursuant to statute, the Municipality has conferred with the County and developed a plan to comply within a reasonable period of time. 6. REPORTING. The Municipality shall submit the following reports semi-annually to the County no later than the third Friday in July 2022 and the second Friday in January 2023. a. An accounting of the amount of waste which has been recycled as a result of the Municipality’s activities and the efforts of other community programs, redemption centers and drop-off centers. For recycling programs, the Municipality shall certify the number of tons of each recyclable material which has been collected and the number of tons of each recyclable material which has been marketed. For recycling programs run by other persons or entities, the Municipality shall also provide documentation on forms provided by the County showing the tons of materials that were recycled by the Municipality’s residents through these other programs. The Municipality shall keep detailed records documenting the disposition of all recyclable materials collected pursuant to this Agreement. The Municipality shall also report the number of cubic yards or tons of yard waste and source-separated compostable materials collected for composting, chipping, or land spreading, together with a description of the methodology used for calculations. Any other material removed from the waste stream by the Municipality, i.e. tires and used oil, shall also be reported separately. b. Information regarding any revenue received from sources other than the County for the Municipality’s recycling programs, i.e. revenue taken in from the sale of recyclables and fees collected from residents, shall be reported. c. Copies of all promotional materials that have been prepared by the Municipality during the term of this Agreement to promote its recycling and organics collection programs. d. The Municipality agrees to support County efforts in obtaining hauler reports by ensuring compliance through ordinance, contract or license requirements and the ability to exercise punitive actions, if needed. e. The Municipality agrees to furnish the County with additional reports in form and at frequencies requested by the County for financial evaluation, program management purposes, and reporting to the State of Minnesota. 7. BILLING AND PAYMENT PROCEDURE. The Municipality shall submit itemized invoices semi-annually to the County for abatement activities no later than the third Friday in July 2022 and the second Friday in January 2023. The invoices shall be paid in accordance with standard County procedures, subject to the approval of the Anoka County Board of Commissioners. 8. PUBLICATIONS. The Municipality shall acknowledge the financial assistance of Anoka County on all promotional materials, reports and publications relating to the activities funded under this Agreement, by including the following acknowledgement: “Funded by the Anoka County Board of Commissioners and State SCORE (Select Committee On Recycling and the Environment) funds.” The Municipality shall provide copies of all promotional materials funded by this grant. The County shall provide all printed public information pieces about County programs. A Municipality shall not modify County publications related to business recycling, household hazardous waste management or the County compost sites. Information about the County’s business recycling program, household hazardous waste management program or County compost sites that a Municipality plans to publish in a Municipal communication, printed or electronic, shall be provided to the County for review and approved by the County prior to publication to ensure accuracy and consistency. 9. INDEMNIFICATION. The County agrees to indemnify, defend, and hold the Municipality harmless from all claims, demands, and causes of action of any kind or character, including the cost of defense thereof, resulting from the acts or omissions of its public officials, officers, agents, employees, and contractors relating to activities performed by the County under this Agreement. The Municipality agrees to indemnify, defend, and hold the County harmless from all claims, demands, and causes of action of any kind or character, including the cost of defense thereof, resulting from the acts or omissions of its public officials, officers, agents, employees, and contractors relating to activities performed by the Municipality under this Agreement. The provisions of this subdivision shall survive the termination or expiration of the term of this Agreement. 10. GENERAL PROVISIONS. a. In performing the provisions of this Agreement, both parties agree to comply with all applicable federal, state or local laws, ordinances, rules, regulations or standards established by any agency or special governmental unit which are now or hereafter promulgated insofar as they relate to performance of the provisions of this Agreement. In addition, the Municipality shall comply with all applicable requirements of the State of Minnesota for the use of SCORE funds provided to the Municipality by the County under this Agreement. The Municipality shall also comply with all relevant portions of the current Anoka County Solid Waste Management Master Plan and shall participate in the preparation of the successor Master Plans. b. If the Municipality utilizes the services of a subcontractor for purposes of meeting requirements herein, the Municipality shall be responsible for the performance of all such subcontracts and shall ensure that the subcontractors perform fully the terms of the subcontract. The agreement between the Municipality and a subcontractor shall obligate the subcontractor to comply fully with the terms of this Agreement. c. It is understood and agreed that the entire agreement is contained herein, and that this Agreement supersedes all oral and written agreements and negotiations between the parties relating to the subject matter hereof. d.Any amendments, alterations, variations, modifications, or waivers of this Agreement shall be valid only when they have been reduced to writing, duly signed by the parties. e. The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause or phrase of this Agreement is for any reason held to be contrary to law, such decision shall not affect the remaining portion of this Agreement. f. Nothing in this Agreement shall be construed as creating the relationship of co- partners, joint venturers, or an association between the County and the Municipality, nor shall the Municipality, its employees, agents or representatives be considered employees, agents, or representatives of the County for any purpose. g. The Municipality shall maintain financial and other records and accounts in accordance with requirements of the County and the State of Minnesota. The Municipality shall maintain strict accountability of all funds and maintain records of all receipts and disbursements. Such records and accounts shall be maintained in a form which will permit the tracing of funds and program income to final expenditure. The Municipality shall maintain records sufficient to reflect that all funds received under this Agreement were expended in accordance with Minn. Stat. § 115A.557, Subd. 2, for residential solid waste recycling purposes. The Municipality shall also maintain records of the quantities of materials recycled. All records and accounts shall be retained as provided by law, but in no event for a period of less than five years from the last receipt of payment from the County pursuant to this Agreement. h. Pursuant to Minn. Stat. § 16C.05, the Municipality shall allow the County or other persons or agencies authorized by the County, and the State of Minnesota, including the Legislative Auditor or the State Auditor, access to the records of the Municipality at reasonable hours, including all books, records, documents, and accounting procedures and practices of the Municipality relevant to the subject matter of the Agreement, for purposes of audit. In addition, the County shall have access to the project site(s), if any, at reasonable hours. 11. TERMINATION. This Agreement may be terminated by mutual written agreement of the parties or by either party, with or without cause, by giving not less than seven (7) days’ written notice, delivered by mail or in person to the other party, specifying the date of termination. If this Agreement is terminated, assets acquired in whole or in part with funds provided under this Agreement shall be the property of the Municipality so long as said assets are used by the Municipality for the purpose of a landfill abatement program approved by the County. (SIGNATURE PAGE TO FOLLOW) IN WITNESS WHEREOF,the parties hereunto set their hands. CITY OF CENTERVILLE COUNTY OF ANOKA By: By: Cindy Cesare, Division Manager Name: Anoka County Human Services Division Title: Date: Date: By: By: Municipality’s Clerk Rhonda Sivarajah County Administrator Date: Date: Approved as to form and legality: Approved as to form and legality: By: By: Kathryn M. Timm Date: Assistant County Attorney Date: kmt\\contracts\\integrated waste contracts\\SCORE grants\\C0008783 Centerville 2022 SCORE 2022 Anoka County Municipal Waste Abatement Grant Funding Award Letter The Municipality of Centerville is eligible for a total of $29,275.50 for their Municipal program abatement efforts in 2022, plus if awarded upon request up to an additional $20,000.00. The total funding for the 2022 Residential Recycling Program is based on the budgeted amounts stated in the Municipal Waste Abatement Grant Funding Application. Check one below: x (08-01-2021) The grant application was received on or before August 1, 2021. _______ The grant application was not received on or before August 1, 2021. Therefore, the municipality is only eligible for the Base Funding Allocation. The Grant Funding Award for Centerville is as follows: Amount EligibleAmount Requested Amount Awarded Base Funding Allocation$ 17,135.00 $ 9,977.85 $ 9,977.85 Beginning in 2022, expenses for Labor and Staffing will only be allowed up to 75% of total program grant. See the calculation matrix in the application packet: the amount requested by the Municipality of Centerville for Labor and Staffing was $14,637.75, the amount allowed is $14,637.75. Enhancement Funding Grant Amount EligibleAmount Requested Amount Awarded Drop-off Grant$ 10,000.00 $ 10,000.00$ 10,000.00 General Enhance-ment Grant$ 1,427.00 $ 515.00 $ 515.00 Organics Grant$ 713.50 $ -$ - Additional Grant$ 20,000.00 $ -$ - Labor & Staffing$ 8,782.65 TOTAL$ 19,297.65 Total Funding Award (Base + Enhancement Funding) $ 29,275.50 To the extent that the Municipality requested funds in excess of the total eligible amount, the excess amount in any category is denied. Reviewed by: Jill CurranDated: ___09/10/2021____________________ Approved by: Alison PetersonDated: __9/14/2021_____________________ Contract # C0008783 Contract# ___________________ ANOKA COUNTY HUMAN SERVICES CONTRACTOR INFORMATION SHEET Please review the following information for accuracy and Angie Rodine completeness, indicate any changes, sign and return to: Anoka County Human Services rd 2100 3 Ave, Suite 500 Anoka, MN 55303 LEGAL NAME FOR CONTRACTOR:____________________________________________________________ (Legal name and name on Certificate of Insurance must be exactly the same in order for County Signatures to be obtained on the Contract.) Doing Business As: ____________________________________________________________ Business/Corporate Address: ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ National Provider Identification (NPI) #: ______________________________________________________ Federal Tax Identification #: ______________________________________________________ NOTICE: Federal Business Tax ID/Social Security Number is needed for tax purposes as mandated by Section 1211 of the Tax Reform Act of 1976 and Minn. Stat 270.66. This information will be shared with the Minnesota Department of Revenue, the Minnesota Department of Human Services, the Internal Revenue Service, and the U.S. Department of Health, Education and Welfare for the purposes of administering the income tax, child support obligation and social security tax programs. Individual who Contractor is designating to receive notice under the contract and to act as the responsible authority for data requests under the Minnesota government data practices act (Minn. Stat. Chap. 13): Name: Phone: Fax: Email: _________________________________________________________________________________ Signature (Required): _______________________________________ Date: ________________________ Insurance Agency:_____________________________Name of Agent: ___________________________ Telephone Number of Insurance Agent: _______________________________________ Person Completing this Form: Name:___________________________________ Title:____________________________________ Phone: ____________________ Fax:___________________ Email: _____________________________ CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: October 13, 2021 Administration VII.6 TITLE OF ISSUE: JPA with Anoka County for Allocation of Election Expenses BACKGROUND AND SUPPLEMENTAL INFORMATION: The County is updating the agreement and making revisions. The revisions are as outlined in the cover email submitted by Mr. Paul A. Linnell, Election Manager - Anoka County. COST AND SOURCE(S) OF FUNDING: Minimal costs associated with absentee ballot postage costs. REQUESTED COUNCIL ACTION: Motion to adopt the presented Joint Powers Agreement Between Anoka County & the Municipalities, Townships & School Districts in Anoka County to Allocate Costs for Election Expenses. For ClerkÓs Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ X Vote Record: Aye Nay _____ _____ Attached Other (specify) ____________ _____ _____ _____ _____ _______________________________________________________________ _____ _____Ki _____ ____________________________________________________________________ Administration Department Use: Refer to: _________________________________ Consent Tabled Until: ______________________________ Regular Other: ___________________________________ Anoka County Contract No. _____________ JOINT POWERS AGREEMENT BETWEEN ANOKA COUNTY AND THE MUNICIPALITIES, TOWNSHIPS AND SCHOOL DISTRICTS IN ANOKA COUNTY TO ALLOCATE COSTS FOR ELECTION EXPENSES This is a joint Powers Agreement (ÐJPAÑ) between the County of Anoka (ÐCountyÑ) and THE MUNICIPALITIES, TOWNSHIPS AND SCHOOL DISTRICTS IN ANOKA COUNTY (ÐGovernmental EntitiesÑ) entered into pursuant to Minn. Stat. £ 471.59, for the purchase, maintenance and use of election equipment, including conducting elections, by the County on behalf of the County and the Governmental Entities. Section 1 Term 1. This JPA shall be in effect for a four-year term, beginning January 1, 2022 until December 31, 2025, subject to automatic renewal on January 1 of each subsequent calendar year beginning January 1, 2026. Section 2 Contract Termination 2. During the initial four-year term, this JPA may only be terminated by written agreement of the County with the affected Governmental Entity. Beginning January 1, 2026, a Governmental EntityÓs participation in this agreement may be terminated by that Governmental Entity providing written notice to the remaining parties no later than June 1 of any year, effective on January 1 of the following year. Upon termination of the agreement, all right, title, and interest in any election equipment purchased by the County under the terms of this agreement for use by the Governmental Entity shall remain with the County. Any Governmental Entity withdrawing from this agreement assumes all costs, responsibilities and liabilities related to the purchase, maintenance and use of voting equipment in the conduct of elections in that jurisdiction. Any amounts of the Governmental EntityÓs share of the cost of procurement of the Voting Equipment System and their proportional share of any other costs incurred by the County on their behalf that remain unpaid as of the date of termination shall become immediately due and payable by the Governmental Entity to the County. Section 3 Voting Equipment System Definition 3. For purposes of this agreement, the Anoka County Voting Equipment System means a system in which the voter records votes by means of marking a ballot, so that votes may be counted by automatic tabulating equipment in the polling place where the ballot is cast or at a counting center. An electronic voting system includes automatic tabulating equipment; non-electronic ballot markers; electronic ballot markers, including electronic ballot display, audio ballot reader, and devices by which the voter will register the voter's voting intent; software used to program automatic tabulators and layout ballots; computer programs used to accumulate precinct results; ballots; system documentation; and system testing as well as software used to manage the Page Њ of ЊЋ assignment, deployment, chain of custody, and associated logistical operations of said equipment in Anoka County. Section 4 Applicability 4. This agreement, and the use of the Voting Equipment System defined herein, between the County and the Governmental Entities is applicable for any election at which offices or questions for the following categories are voted on: Category A: Federal Offices State Offices or Constitutional Amendments Judicial Offices County Offices or Ballot Questions Soil and Water District Offices or Ballot Questions Category B: Municipal (Township) Offices or Ballot Questions Category C: School District Offices or Ballot Questions Section 5 County Responsibilities 5. Except as otherwise provided in this contract or required by statute or state or federal rule, the County shall be responsible for preparing the specifications for the purchase and maintenance of the Voting Equipment System as defined herein and for the purchase and maintenance of the system, including making all payments and expenditures for capital and on-going operating costs related to the voting equipment system. In addition, for all Category A, B, and C Elections, Anoka County shall: 5.1. Perform voting equipment system programming including ballots, ballot counters, ballot markers, and other components of the voting equipment system used to mark, count, record or report election returns and statistics. 5.2. Perform programming and testing of the State Election Reporting System interface, subject to policies of the State. 5.3. Program and develop a voting equipment testing plan for each election according to statutory requirements. 5.4. Provide ballot design and layout services and arrange for the printing of ballots to be used in the elections. Section 6 Governmental EntitiesÓ Responsibilities 6. Except as otherwise provided in this contract, each individual Governmental Entity shall be responsible for and shall perform all duties and assume all costs associated with the production of test decks, and conduct of pre-election and post-election tests and audits of Page Ћ of ЊЋ precinct voting equipment for each election and shall utilize county-provided software, as determined necessary by the County, to track the testing, assignment, deployment, chain of custody, and associated logistical operations of said equipment in Anoka County, as follows: 6.1. When Category A and/or B offices or questions appear on the ballot: 6.1.1. The municipality shall be responsible for and assume all costs associated with the production of test decks, and conduct of pre-election and post-election tests and audits of precinct voting equipment for all elections which include a Category A and/or B office or question. 6.1.2. The municipality shall assume all costs required to arrange for the use of polling places in the manner required by the Minnesota election law, for ensuring the physical set up of rooms and furnishings are conducive to the voting process, and for ensuring that all necessary equipment and supplies are delivered to the polling place for use on Election Day. 6.1.3. The municipality shall assume all costs related to picking up ballots, supplies and equipment from the Anoka County Elections and Voter Registration Office in Anoka and other storage locations that may be arranged from time to time, and transporting them to and from the polling place. 6.1.4. The municipality shall assume all costs related to issuing, receiving and processing absentee ballots cast by in-person absentee voters in that municipality including procurement and preparation of physical spaces, equipment, and staff needed to administer the process, and costs for delivery of voted ballots to the Anoka County Central Count Absentee Precinct. 6.1.5. The municipality shall assume all costs related to recruiting, hiring, and paying Election Judges for all hours served including training, testing, election day assignments, and any other work assignments associated with the election. 6.2. When only Category C offices or questions appear on the ballot: 6.2.1. The School District shall be responsible and shall assume all costs associated with the production of test decks and conduct of pre-election and post-election tests and audits of precinct voting equipment for all elections which include only Category C offices or questions. 6.2.2. The school district shall assume all costs required to arrange for the use of polling places in the manner required by law, for ensuring the physical set up of rooms and furnishings are conducive to the voting process, and for ensuring that all necessary equipment and supplies are delivered to the polling place for use on Election Day. 6.2.3. The school district shall assume all costs related to picking up ballots, supplies and equipment from the Anoka County Elections and Voter Registration Office in Anoka and other storage locations that may be arranged from time to time, and transporting them to and from the polling place. Page Ќ of ЊЋ 6.2.4. The school district shall assume all costs related to issuing, receiving and processing absentee ballots cast by in-person absentee voters in the school district including procurement and preparation of physical spaces, equipment, and staff needed to administer the process, and costs for delivery of voted ballots to the Anoka County Central Count Absentee Precinct. 6.2.5. The school district shall assume all costs related to recruiting, hiring, and paying Election Judges for all hours served including training, testing, election day assignments, and any other work assignments associated with the election. Section 7 Allocation of Election Expenses 7. Except as already specifically provided for herein, the Voting Equipment System procurement, maintenance and support cost shall be divided between the county, its municipalities, and school districts as follows: 7.1. The County shall incur 55% of the actual cost of procurement, operation, and maintenance of the system over the duration of this contract. 7.2. Municipalities located wholly or in part in Anoka County shall, collectively, incur 30% of the actual cost of procurement, operation, and maintenance of the system over the duration of this contract. 7.3. School Districts located wholly or in part in Anoka County shall incur 15% of the actual cost of procurement, operation, and maintenance of the system over the duration of this contract. 7.4. Anoka County shall make all payments and expenditures for capital and on- going operating and maintenance costs related to the system throughout the duration of this contract. 7.5. The annual fee for each jurisdiction shall be established as follows: 7.5.1. Each individual municipality shall pay a fee equal to that percentage of the total Anoka County population residing in that municipality at the time of the most recent census multiplied by the municipal share (30%) of the actual cost of procurement, plus the actual cost of operation and maintenance of the system, as solely determined by the County, calculated annually throughout the duration of the contract 7.5.2. Each individual school district shall pay a fee equal to that percentage of the total Anoka County population residing in that school district at the time of the most recent census multiplied by the school district share (15%) of the actual cost of procurement, plus the actual cost of operation and maintenance of the system, as solely determined by the County, calculated annually throughout the duration of the contract. Page Ѝ of ЊЋ 7.5.3. Each Governmental Entity shall be invoiced annually by June 1 for each calendar year of the agreement for the above referenced fees. Said fees shall be due and payable within thirty (30) calendar days of invoicing. 7.5.4. The Governmental Entities hereby agree that they will not reallocate any of the costs incurred herein. 7.6. For each governmental entity, the County shall determine that proportion of the ballot devoted to offices and questions for that entity as a percentage of the total number of column inches on the ballot, and provide an invoice to the governmental entity for that share of the cost of ballot printing, paper and normal delivery charges. 7.7. For each governmental entity, the County shall determine that proportion of the ballot devoted to offices and questions for that entity as a percentage of the total number of column inches on the ballot, and provide an invoice to the governmental entity for that share of the cost of postage for domestic mailed absentee ballots and absentee ballots cast under the Uniformed Overseas Citizens Absentee Voting Act (UOCAVA). Section 8 Documentation of Election Expenses 8. Documentation of actual expenditures as required by the County is required for the allocation of election expenses pursuant to this agreement. Invoices or billing statements are acceptable documentation for goods or services purchased for vendors. Section 9 Ownership 9. The Governmental Entities acknowledge that the County owns the Voting Equipment System and that the Governmental Entities are authorized to use said Voting Equipment System for official election related purposes. Use of the Voting Equipment System by the Governmental Entities for any other purpose is strictly prohibited absent express written consent of the County. The Governmental Entities hereby acknowledge and agree that the Voting Equipment System may contain proprietary and trade secret information that is owned by a third party and is protected under federal copyright law or other laws, rules, regulations, and decisions. The Governmental Entities shall protect and maintain the proprietary and trade secret status of the Voting Equipment System in their possession. Section 10 Handling Of Equipment and Insurance 10. Each municipality shall be responsible for storage of elections equipment assigned by the county to that municipality. Municipalities shall make all necessary elections equipment in its possession available to other entities as directed by the county. Each Governmental Entity acknowledges that it shall be responsible for the Voting Equipment System while it is in the Governmental Entity's custody. Each Governmental Entity, either through insurance or a self-insurance program, shall be responsible for all costs, fees, damages and expenses including but not limited to personal injury, storage, damage, repair and/or replacement of the Voting Equipment System while it is in the Page Ў of ЊЋ Governmental Entity's custody and this contract is in effect unless such costs, fees, damages, and expenses are then currently covered under a manufacturer warranty covering said equipment. The Governmental Entities shall be responsible for, provide coverage for and shall provide proof of general liability and worker's compensating insurance (Hold Harmless Agreement) for all individuals providing services required by this contract. In addition to the foregoing, the Governmental Entities shall, during the term of this contract, maintain, through commercially available insurance or on a self-insured basis, property insurance coverage on all of the voting systems used or intended for use in this agreement to cover all repairs or replacement of the voting equipment if damaged or stolen. The Governmental Entities are responsible for any deductible under their policy. Section 11 Independent Contractor 11. It is agreed that nothing in this contract is intended or should be construed as creating the relationship of agents, partners, joint ventures, or associates between the parties hereto or as constituting the County or the Governmental Entities as the employee of the other entity for any purpose or in any manner whatsoever. The County is an independent contractor and neither it, its employees, agents, nor its representatives are employees of the Governmental Entities. From any amounts due the County, there shall be no deductions for federal income tax or FICA payments, nor for any state income tax, nor for any other purposes which are associated with an employer-employee relationship unless required by law. Section 12 Data Practices 12. All data created, collected, received, maintained, or disseminated for any purpose in the course of this contract is governed by the Minnesota Government Data Practices Act, any other applicable statute, or any rules adopted to implement the Act or statute, as well as federal statutes and regulations on data privacy. Section 13 No Waiver 13. No delay or omission by either party hereto to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof unless the same is consented to in writing. A waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be observed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained. All remedies provided for in this Agreement shall be cumulative and in addition to, and not in lieu of, any other remedies available to either party at law, in equity, or otherwise. Section 14 Governing Law 14. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. Page Џ of ЊЋ Section 15 Entire Agreement 15. It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof and hereby rescinds and replace all prior Agreements with the respective Governmental Entities with this Agreement. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties hereto. Section 16 No Assignment 16. Neither party shall assign, sublet, or transfer this Agreement, either in whole or in part, without the prior written consent of the other party, and any attempt to do so shall be void and of no force and effect. Section 17 No Warranty 17. The Governmental Entities agree that the County is furnishing the Voting Equipment System on an "as is" basis, without representation or any express or implied warranties, other than those provided by any maintenance agreement entered into by the County for the maintenance of the Voting Equipment System, including but not limited to, fitness for particular purpose, merchantability or the accuracy and completeness of the Voting Equipment System. The Governmental Entity's exclusive remedy and the County's sole liability for any substantial defect which impairs the use of the Voting Equipment System for the purposes stated herein shall be the right to terminate this agreement. The County does not warrant that the Election Voting Equipment System will be error free. The County disclaims any other warranties, express or implied, respecting this agreement or the Voting Equipment System. In no event shall the County be liable for actual, direct, indirect, special, incidental, consequential damages (even if the County has been advised of the possibility of such damage) or loss of profit, loss of business or any other financial loss or any other damage arising out of performance or failure of performance of this Agreement by the County. Except as otherwise specifically provided for in this agreement, County and the Governmental Entities agree each will be responsible for their own acts and omissions under this Agreement and the results thereof and shall to the extent authorized by law defend, indemnify and hold harmless the other party for such acts. Each party shall not be responsible for the acts, errors or omissions of any other party under the Agreement and the results thereof. The parties' respective liabilities shall be governed by the provisions of the Municipal Tort Claims Act, Minnesota Statutes Chapter 466, and other applicable law. This paragraph shall not be construed to bar legal remedies one party may have for the other party's failure to fulfill its obligations under this Agreement. Nothing in this Agreement Page А of ЊЋ constitutes a waiver by the Governmental Entities or County of any statutory or common law defenses, immunities, or limits on liability. Section 18 Notice 18. Any notice or demand shall be in writing and shall be sent registered or certified mail to the other party addressed as follows: To the Governmental Entity: To the person and address designated by each Governmental Entity in writing. To the County: Anoka County Administrator 2100 3rd Avenue, Suite 700 Anoka MN 55303 Copy to: Anoka County Elections Manager 2100 3rd Avenue, Suite 160 Anoka MN 55303 Section 19 Audit Provision 19. Both parties agree that either party, the State Auditor, or any of their duly authorized representatives at any time during normal business hours, and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of the other party and involve transactions relating to this Agreement. Such materials shall be maintained, and such access and rights shall be in force and effect during the period of the contract and for six (6) years after its termination or cancellation. Section 20 Survival of Provisions 20. It is expressly understood and agreed that the obligations and warranties of the Governmental Entity and County hereof shall survive the completion of performance and termination or cancellation of this Agreement. Section 21 Authority 21. The person or persons executing this Joint Powers Agreement on behalf of the Governmental Entity and County represent that they are duly authorized to execute this Joint Powers Agreement on behalf of the Governmental Entity and the County and represent and warrant that this Joint Powers Agreement is a legal, valid and binding obligation and is enforceable in accordance with its terms. (Rest of page left intentionally blank) Page Б of ЊЋ IN WITNESS WHEREOF, the parties hereto have hereunto set their hands. COUNTY OF ANOKA By: __________________________________ Scott Schulte, Chair, Anoka County Board of Commissioners Dated: By: __________________________________ Rhonda Sivarajah, Anoka County Administrator Dated: APPROVED AS TO FORM: By: _________________________________ Jason Stover Assistant Anoka County Attorney Dated: Page В of ЊЋ CITY OF CENTERVILLE By: D. Love, Its Mayor Dated: By: Teresa Bender, Its City Clerk Dated: Page10of11 CENTENNIAL SCHOOL DISTRICT By: Jeff Holmberg, Its Superintendent Dated: By: Jody Josephson, Its Exec. Assistant to the Superintendent Dated: _______________________ Page11of11 Page12of11 CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: October 13, 2021 Public Works/Road Main. VIII.2 TITLE OF ISSUE: Street/Trail Main./Repair BACKGROUND AND SUPPLEMENTAL INFORMATION: Staff has provided two (2) quotes for maintenance of the Meadow Court trail end and roadways throughout town. The lowest bidder was Muellner Asphalt - $35,558.50. Direction has been provided to staff to contract these services with the lowest bidder. COST AND SOURCE(S) OF FUNDING: 35,558.50 - Streets REQUESTED COUNCIL ACTION: Motion to Approve the bid submitted by Muellner Asphalt in the amount of $35,558.50. For ClerkÓs Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ X Vote Record: Aye Nay _____ _____ Arcade Asphalt & Muellner Asphalt Other (specify) ____________ _____ _____ _____ _____ _______________________________________________________________ _____ _____Ki _____ ____________________________________________________________________ Administration Department Use: Refer to: _________________________________ Consent Tabled Until: ______________________________ Regular Other: ___________________________________ ArcadeAsphaltInc th 643320AveSoLinoLakes,MN55038Phone6514297005or6512485729 10/3/21 PaulPalzer CityofCenterville 6512615733 Estimates: RoadRepairs:Allcutsapprox..Ў͸wide..2500sqftX15=$37,500. Cutout,remove,compactandlaybackuptoЍͼofmix,2lifts. MeadowCtPath:Cutoutandremove.Grade,removeanyrootsasneeded. RepaveЌͼcompactedto2чͼapprox.120X9=1080sqft$6000. Abovedoesnotincludeanytrafficcontrol,ƭŷƚǒƌķƓ͸Ʒbeneeded. Thanks, MattVesel CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: October 13, 2021 Engineering VII.10 TITLE OF ISSUE: LaMotte Stormwater Reuse Irrigation System Expansion BACKGROUND AND SUPPLEMENTAL INFORMATION: Punch list work on the project is now complete, including the training of city staff on the use of the new controller and a layout of the sprinkling zones. The project engineer has reviewed final document submittals and is recommending final payment. With this final payment, city staff will be requesting the balance of our grant funds from Rice Creek Watershed District and Met Council, respectively. COST AND SOURCE(S) OF FUNDING: Cost details attached. Grant details presented previously. REQUESTED COUNCIL ACTION: Motion to approve the final contractor's request for payment, for the LaMotte Stormwater Reuse Irrigation System Expansion project. For ClerkÓs Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ Vote Record: Aye Nay _____ _____ Letter from Project Eng.; Final Pay Request Other (specify) ____________ _____ _____ _____ _____ _______________________________________________________________ _____ _____Ki _____ ____________________________________________________________________ Administration Department Use: Refer to: _________________________________ Consent Tabled Until: ______________________________ Regular Other: ___________________________________ Stantec Consulting Services Inc. 733 Marquette Avenue Suite 1000, Minneapolis MN 55402-2309 October 7, 2021 File: 193804960 Attention: Mark Statz, City Administrator/Engineer Centerville City Hall 1880 Main Street Centerville, MN 55038 Dear Mark, Reference: LaMotte Park Irrigation Expansion Project – Pay Request #4/Final Transmitted herewith is Request for Payment #4/Final for the above referenced project. The contractor, Peterson Companies, Inc., has completed this work in accordance with the contract plans and specifications. Therefore, it is recommended that the final payment of $4,885.70 be made, and that the City of Centerville accept the project. The completed Minnesota Withholding Form IC-134 (Contractor’s Withholding Affidavit), Consent of Surety, and Lien Waivers are included. Should you have any questions regarding this project, please feel free to call me at 612-712-2125. After approval, please return one signed copy of the pay application to the Contractor with payment and one signed copy to Stantec for our file. Regards, Stantec Consulting Services Inc. Kellie Schlegel PE Senior Associate Phone: 612 712 2125 Mobile: 651 775 5622 kellie.schlegel@stantec.com Attachment:Request for Payment #4/Final, IC-134 forms, Lien Waivers, Consent of Surety c.Craig Larson, Brandon Johnson - Stantec ContractUnitCurrentQuantityAmount No. Item UnitQuantityPriceQuantityto Dateto Date BASE BID: MOBILIZATION LS1$7,850.001.00$7,850.00 1 TRAFFIC CONTROL 2LS1$2,050.001.00$2,050.00 IRRIGATION SYSTEM, COMPLETE - BASE BID 3LS1$68,885.001.00$68,885.00 IRRIGATION SLEEVE, DIRECTIONAL DRILLED 4LF80$30.0098.00$2,940.00 5EDUCATIONAL SIGNAGELS1$2,430.001.001.00$2,430.00 6FLOW METER ELECTRICALLS1$4,825.001.00$4,825.00 7LIGHTING AND RELATED ELECTRICALLS1$7,110.001.00$7,110.00 8RESTORATIONLS1$9,440.00-0.0530.947$8,940.00 TOTAL BASE BID $105,030.00 ALTERNATE NO. 1 : IRRIGATION SYSTEM, COMPLETE - ALTERNATE NO. 1 LS1$5,025.001.00$5,025.00 9 RESTORATION - ALTERNATE NO. 1 10LS1$1,360.001.00$1,360.00 TOTAL ALTERNATE 1 $6,385.00 ALTERNATE NO. 2: IRRIGATION SYSTEM, COMPLETE - ALTERNATE NO. 2 LS1$26,495.001.00$26,495.00 11 RESTORATION - ALTERNATE NO. 2 12LS1$4,725.001.00$4,725.00 TOTAL ALTERNATE 2 $31,220.00 CHANGE ORDER NO. 1 PART A: SPRAY GUN REVISIONS 1.00($4,500.00) 1REMOVAL OF 1 LARGE SPRAY GUN AND VALVE FROMLS1($4,500.00) 1.00$4,675.00 2CONTRACTOR-SUPPLIED LARGE SPRAY GUN ANDLS1$4,675.00 $175.00 TOTAL PART A: SPRAY GUN REVISIONS PART B: CHURCH IRRIGATION REVISIONS 1.00$0.00 3REVISED IRRIGATION ON CHURCH/MCES PARCELSLS1$0.00 $0.00 TOTAL PART B: CHURCH IRRIGATION REVISIONS PART C: ADDITION OF FLOW SENSOR 1.00$4,670.00 4FLOW SENSOR AND ASSOCIATED WIRINGLS1$4,670.00 $4,670.00 TOTAL PART C: ADDITION OF FLOW SENSOR PART D: SW SPRAY GUN REVISIONS 5CREDIT FOR 3" PIPE AND 4" SADDLELS1($385.00)1.00($385.00) 64" GATE VALVEEA1$720.481.00$720.48 76" SADDLEEA1$616.001.00$616.00 8ADDITIONAL PIPE SIZE AND LENGTHLS1$236.501.00$236.50 9ADDITIONAL WIRINGLS1$176.001.00$176.00 10ADDITIONAL LABORHR6$145.176.00$871.02 TOTAL PART D: SW SPRAY GUN REVISIONS $2,235.00 CHANGE ORDER NO. 1 SUMMARY PART A: SPRAY GUN REVISIONS$175.00 PART B: CHURCH IRRIGATION REVISIONS$0.00 PART C: ADDITION OF FLOW SENSOR$4,670.00 PART D: SW SPRAY GUN REVISIONS$2,235.00 TOTAL CHANGE ORDER NO. 1 $7,080.00 TOTAL BASE BID$105,030.00 TOTAL ALTERNATE NO. 1$6,385.00 TOTAL ALTERNATE NO. 2$31,220.00 TOTAL CHANGE ORDER NO. 1$7,080.00 TOTAL WORK COMPLETED TO DATE$149,715.00 193804960REQ PROJECT PAYMENT STATUS OWNERCITY OF CENTERVILLE STANTEC PROJECT NO. 193804960 CONTRACTORPETERSON COMPANIES, INC. CHANGE ORDERS No.DateDescriptionAmount 19/18/2020This Change Order provides for additional work on this$7,080.00 project. See Change Order. Total Change Orders$7,080.00 PAYMENT SUMMARY No.FromToPaymentRetainageCompleted 108/01/202009/18/202023,195.201,220.8024,416.00 209/19/202010/30/202095,878.755,046.25124,120.20 311/01/202001/21/202125,755.352,955.70147,785.00 4/FINAL01/22/202108/31/20214,885.70149,715.00 Total Payment to Date$149,715.00Original Contract$142,595.00 Retainage Pay No.4FINALChange Orders$7,080.00 Total Amount Earned$149,715.00Revised Contract$149,675.00 193804960REQ4FINAL.xlsm CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: , 2021 Planning & Zoning IX. TITLE OF ISSUE: Proposed Amend. to Chapter 50 - Garbage & Rubbish (Reg. Flexible/Compact Dumpster) BACKGROUND AND SUPPLEMENTAL INFORMATION: Staff has addressed several of these dumpster complaints through the City's Nuisance Code, the Planning & Zoning requested an in depth look at tightening up the language surrounding them as they have become a very accessible item that can be obtained from Menards, Home Depot, Etc. Commissioner Kubat provided the City of Apple Valley's Code regarding their regulation of these items and it seemed appropriate to incorporate it. Staff provided draft language similar to Apple Valley's, the Commission made modifications and Council is receiving their recommended language for an amendment to the existing Code. COST AND SOURCE(S) OF FUNDING: N/A REQUESTED COUNCIL ACTION: Recommendation of the Planning & Zoning Commission to adopt the Amendments to Chapter 50 as presented in Ord. #XXX, Second Series. **1st Reading** (NO MOTION AT THIS TIME) For ClerkÓs Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ Proposed Ord.Amend. Vote Record: Aye Nay _____ _____ Chapter 50 w/Amend., Existing Nuisance Ord., Other (specify) ____________ _____ _____ _____ _____ City of Apple Valley's Code _______________________________________________________________ _____ _____Ki _____ ____________________________________________________________________ Administration Department Use: Refer to: _________________________________ Consent Tabled Until: ______________________________ Regular Other: ___________________________________ CHAPTER 91: HEALTH AND SAFETY; NUISANCES Section General Provisions 91.01 Purpose 91.02 Definitions 91.03 Public nuisances prohibited 91.04 Public nuisances affecting health 91.05 Public nuisances affecting morals and decency 91.06 Public nuisances affecting peace and safety 91.07 Enforcement 91.08 Abatement 91.09 Prohibited noise Open Burning 91.20 Purpose 91.21 Definitions 91.22 Prohibited materials 91.23 Permit required 91.24 Purposes allowed 91.25 Permit application; permit fees 91.26 Permit process 91.27 Permit holder responsibility 91.28 Revocation of open burning permit 91.29 Denial of open burning permit 91.30 Burning ban or air quality alert 91.31 Rules adopted by reference Cleanup of Clandestine Drug Lab and Chemical Dump Sites 91.45 General provisions 91.46 Definitions 91.47 Declaration as public health nuisance 91.48 Law enforcement action 91.49 Seizure of property 91.50 Action by Building Official or designee 91.51 Site ownerÓs responsibility to act 91.52 Site ownerÓs responsibility fo r costs 91.53 City action and recovery of costs 91.54 Recovery of costs from persons causing damage 91.55 Site owner and address 84 ΋ tğŭĻ 91.56 Suspension of residential rental certification 91.57 Unauthorized removal of postings 91.58 Entry into or onto site 91.59 Removal of personal property from the site 91.60 City Council review/right to appeal 91.99 Penalty GENERAL PROVISIONS § 91.01 PURPOSE. It is the policy of the City of Centerville to ensure the continued health, safety, comfort and repose of the public, the elimination and abatement of all nuisances within the city. A nuisance, as provided in this chapter, means a thing, act or use of property that annoys, injures or endangers the health, safety, comfort or welfare of the public; offends public decency; depreciates the value of the property of the inhabitants of the city; interferes with the use of or obstructs or tends to obstruct a lake, stream, navigable water, park, sidewalk, street or public way; or in any manner renders the in habitants of the city insecure in life or use of property. The City Council finds it shall be the duty of the Office of the City Administrator or its designees to enforce the provisions of this chapter and to bring about enforcement of violations or lack of compliance with this chapter. § 91.02 DEFINITIONS. For purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. ASPHALT-BASED SEALER. A petroleum-based sealer material that is commonly used on driveways, parking lots, and other surfaces and which does not contain coal tar. COAL TAR. A byproduct of the process used to refine coal. ENFORCEMENT OFFICIAL. The Police Department, Zoning Administrator, Building Official, City Administrator, Public Works Director, Fire Marshal, any licensed peace officer or authorized designee of the City Council. NOTICE TO REMOVE. The notice served on a property owner by the City Council or designated city official, advising the property owner of a code violation and ordering correction of the violation. PROPERTY OWNER. The person occupying the property, the holder of legal title or a person having control over the property of another, such as a right-of-way, easement, license or lease. PUBLIC NUISANCE. A thing, act, occupation or use of property which shall: (1) Annoy, injure or endanger the safety, health, comfort or repose of the public; 85 ΋ tğŭĻ (2)Offend public decency; (3)Unlawfully interfere with, obstruct or tend to obstruct or render dangerous for passage, a lake, navigable river, bay, stream, canal or basin, or a public park, square, street, alley or highway; (4)In any way render the public insecure in life or in use of property; or (5)Any other act or omission declared by law or Minnesota Statues, or any other part of this code to be a public nuisance. UNDILUTED COAL TAR-BASED SEALER. A sealer material containing coal tar that has not been mixed with asphalt and which is commonly used on driveways, parking lots and other surfaces. Ord. 2d #34, adopted 04/28/2010 § 91.03 PUBLIC NUISANCES PROHIBITED. It is unlawful for any person, by his or her act, or intentional failure to perform a legal duty, that creates or maintains a public nuisance on any premises the person owns or controls within the city. Penalty, see § 91.99 § 91.04 PUBLIC NUIS§ 91.04 PUBLIC NUISANCES AFFECTING HEALTH. ANCES AFFECTING HEALTH. The following are hereby declared to be nuisances affecting health: The following are hereby declared to be nuisances affecting health: (A)Exposed accumulation of decayed or unwholesome food or vegetable matter; (B)All diseased animals running at large; (C)Carcasses of animals not buried or destroyed within 24 hours after death; (D)(D)Accumulations of manure, rubbish, refuse or debris; Accumulations of manure, rubbish, refuse or debris; (E)Privy vaults, garbage (except in authorized containers), garbage cans which are not rodent free and fly-tight or which are so maintained to constitute a health hazard or to emit foul and disagreeable odors; (F)The pollution of any public well or cistern, stream, lake, canal or body of water by sewage, industrial wastes or other substances, or any illicit discharge as set forth in subsection 51.24; (G)All noxious weeds as referenced in M.S. §§ 18.75 - 18.88 and promulgated in Minnesota Rules, as may be amended from time to time, located on public or private property. The terms WEEDS and RANK VEGETATION includes, but is not limited to, the following: 86 ΋ tğŭĻ (1) Noxious weeds and rank vegetation shall include but not be limited to: alum (alliums), Buckthorn, Bur Cucumber, Canada Thistle, Corncockle, Cressleaf Groundsel, Curly Dock, Dodder, Field Bindweed, French Weed, Hairy Whitetop, Hedge Bindweed, Hoary Cress, Horsenettle, Johnsongrass, Leafy Spurge, Mile-A-Minute Weed, Musk Thistle, Oxeye Daisy, Perennial Sowthistle, Poison Hemlock, Purple Loosestrife, Quackgrass, Russian Knapweed, Russian Thistle, Serrated Tussock, Shatter Cane, Sorghum, Wild Carrot, Wild Garlic, Wild Mustard, Wild Onion, Wild Parsnip; (2) Grapevines when growing in groups of 100 or more and not pruned, sprayed, cultivated, or otherwise maintained for two consecutive years; (3) Bushes of the species of tall, common, or European barberry, further known as Berberis vulgaris or its horticultural varieties; (4) Any grass, weeds or plants, other than trees, bushes, flowers or other ornamental plants, growing to a height exceeding eight inches; (5) Rank vegetation includes the uncontrolled, uncultivated growth of annuals and perennial plants; and (6) The term WEEDS does not include shrubs, trees, cultivated plants or crops. (H) All public exposure of persons having a contagious disease; (I) The emission of dense smoke, gas and soot, dust or cinders, and other noxious and offensive fumes, in the quantities as to render the occupancy of property uncomfortable to a person of ordinary sensibilities; (J) Feces left by any domestic pet on public property or the property of another. The owner or person having the custody or control of the animal shall be responsible for immediately cleaning up any feces of the animal and disposing of the feces in a sanitary manner; and (K) All other acts, omissions of acts, occupations and uses of property which are deemed by the city to be a menace to the health of the inhabitants of the city or any considerable number thereof. Penalty, see § 91.99 Ord. 2d #55, amended 03/01/2012, Ord. 2d #110, amended 11/13/2020 § 91.05 PUBLIC NUISANCES AFFECTING MORALS AND DECENCY. The following are hereby declared to be nuisances affecting public morals and decency: (A) All gambling devices, slot machines and punch boards, except as otherwise authorized by federal, state or local law; 87 ΋ tğŭĻ (B) Betting, bookmaking and all apparatus used in those occupations; (C) All houses kept for the purpose of prostitution or illegal sexual intercourse, gambling houses, houses of ill fame and bawdy houses; (D) All places where intoxicating liquor or controlled substance are manufactured or disposed of in violation of law or where, in violation of law, people are permitted to resort for the purpose of drinking intoxicating liquor, or consuming controlled substances or where intoxicating liquor or controlled substances are kept for sale or other disposition in violation of law, and all liquor, controlled substances, and other property used for maintaining that place; and (E) Any vehicle used for the unlawful transportation of intoxicating liquor, controlled substance, drug paraphernalia containing any amount of residue from a controlled substance or non- prescription drugs, or for public or illegal sexual intercourse, or any other illegal purpose. Penalty, see § 91.99 Ord. 2d #25, amended 12/10/2008 § 91.06 PUBLIC NUISANCES AFFECTING PEACE AND SAFETY. The following are declared to be nuisances affecting public peace and safety: (A) All snow and ice not removed from public sidewalks 24 hours after the snow or other precipitation causing the condition has ceased to fall; (B) All trees, hedges, billboards or other obstructions which prevent people from having a clear view of all traffic approaching an intersection; (C) All wires and limbs of trees which are so close to the surface of a sidewalk or street as to constitute a danger to pedestrians or vehicles; (D) All obnoxious noises in violation of Minn. Rules Chapter 7030, as they may be amended from time to time which are hereby incorporated by reference into this code; (E) The discharging of the exhaust or permitting the discharging of the exhaust of any stationary internal combustion engine, motor boat, motor vehicle, motorcycle, all-terrain vehicle, snowmobile or any recreational device except through a muffler or other device that effectively prevents loud or explosive noises there from and complies with all applicable state laws and regulations; (F) The using or operation or permitting the using or operation of any radio receiving set, musical instrument, phonograph, paging system, machine or other device for producing or reproduction of sound in a distinctly and loudly audible manner so as to disturb the peace, quiet and comfort of any person nearby. Operation of any device referred to above between the hours of 10:00 p.m. and 7:00 a.m. in a manner so as to be plainly audible at the property line of the structure or building in which it is located, 88 ΋ tğŭĻ or at a distance of 50 feet if the source is located outside a structure or building shall be prima facie evidence of violation of this section; (G)The participation in a party or gathering of people giving rise to noise which disturbs the peace, quiet or repose of the occupants of adjoining or other property; (H)Obstructions and excavations affecting the ordinary public use of streets, alleys, sidewalks or public grounds except under conditions as are permitted by this code or other applicable law; (I)Radio aerials or television antennae erected or maintained in a dangerous manner; (J)Any use of property abutting on a public street or sidewalk or any use of a public street or sidewalk which causes large crowds of people to gather, obstructing traffic and the free use of the street or sidewalk; (K)All hanging signs, awnings and other similar structures over streets and sidewalks, so situated so as to endanger public safety, or not constructed and maintained as provided by ordinance; (L)The allowing of rain water, ice or snow to fall from any building or structure upon any street or sidewalk or to flow across any sidewalk; (M)Any barbed wire fence less than six feet above the ground and within three feet of a public sidewalk or way; (N)All dangerous, unguarded machinery in any public place, or so situated or operated on private property as to attract the public; (O)Waste water cast upon or permitted to flow upon streets or other public properties; (P)(P)Accumulations in the open of discarded or disused machinery, household appliances, automobile bodies Accumulations in the open of discarded or disused machinery, household appliances, automobile bodies Accumulations in the open of discarded or disused machinery, household appliances, automobile bodies or other material in a manner conducive to the harboring of rats, mice, snakes or vermin, or the rank or other material in a manner conducive to the harboring of rats, mice, snakes or vermin, or the rank or other material in a manner conducive to the harboring of rats, mice, snakes or vermin, or the rank growth of vegetation among the items so accumulated, or in a manner creating fire, health or safety growth of vegetation among the items so accumulated, or in a manner creating fire, health or safety growth of vegetation among the items so accumulated, or in a manner creating fire, health or safety hazards from accumulation; hazards from accumulation; (Q)Any well, hole or similar excavation which is left uncovered or in another condition as to constitute a hazard to any child or other person coming on the premises where it is located; (R)Obstruction to the free flow of water in a natural waterway or a public street drain, gutter or ditch with trash of other materials; (S)The placing or throwing on any street, sidewalk or other public property of any glass, tacks, nails, bottles or other substance which may injure any person or animal or damage any pneumatic tire when passing over the substance; (T)The depositing of garbage or refuse on a public right-of-way or on adjacent private property; (U)All other conditions or things which are likely to cause injury to the person or property of anyone; 89 ΋ tğŭĻ (V) Diseased or dangerous conditions of trees as follows: (1) Any living or standing elm tree or part thereof infected to any degree with the Dutch Elm disease fungus Ceratocystis Ulmi (Buisman) Moreau or which harbors any of the elm bark beetles Scolytus Multistriatus (Eichh.) or Hylungopinus Rufipes (Marsh); (2) Any dead elm tree or part thereof, including branches, stumps, firewood or other elm material from which the bark has not been removed and burned or sprayed with an effective elm bark beetle insecticide; (3) Any living or standing oak tree or part thereof infected to any degree with the Oak Wilt fungus Ceratocystis fagacearum; (4) Any dead or dying tree or part thereof which in the opinion of the designated officer constitutes a hazard, and including but not limited to logs, branches, stumps, roots or oak tree material which has not been stripped of its bark and burned or sprayed with an effective fungicide; (5) Any other shade tree with an epidemic disease; and (6) It is unlawful to transport bark-bearing elm wood in or through the city without securing a permit therefore from the City Administrator. (W) Four or more code violations, fire calls or other nuisance complaints requiring enforcement response within a 30-day period; and (X) To park or store any unlicensed, unregistered or inoperable motor vehicle parts or components thereof, on any property, public or private, unless housed within a lawfully erected building except in a commercial zone where the use is specifically regulated by a conditional use permit. (Y) Use of Undiluted Coal Tar Sealers Prohibited (This prohibition shall not affect the use of asphalt-based sealer products within the City.) (1) No person shall apply any undiluted coal tar-based sealer to any driveway, parking lot, or other surface within the City of Centerville (2) No person shall contract with any commercial sealer product applicator, residential or commercial developer, or any other person for the application of any undiluted coal tar-based sealer to any driveway, parking lot, or other surface within the City. (3) No commercial sealer product applicator, residential or commercial developer, or other similar individual or organization shall direct any employee, independent contractor, volunteer, or other person to apply any undiluted coal tar-based sealer to any driveway, parking lot, or other surface within the City. Ord. 2d #34, adopted 04/28/2010, Ord. 2d #57, amended 05/09/2012 90 ΋ tğŭĻ Penalty, see § 91.99 § 91.07 ENFORCEMENT. (A) (1) The Enforcement Official shall enforce the provisions relating to nuisances. (2) The enforcement official shall have the authority to inspect private premises and take all reasonable precautions to prevent the commission and maintenance of public nuisances. (3) Except in emergency situations of imminent danger to human life and safety, or when the owner, resident or other person in control of the property has granted permission, or when a violation can be seen without entering the property, the Enforcement Official shall obtain an administrative search warrant to enter private property. (B)The Enforcement Official may commence enforcement action by citation, complaint or civil proceeding. § 91.08 ABATEMENT. (A)Notice to remove. (1)When there exists on private property a condition which is in violation of this chapter, a notice to remove the offensive matter shall be served by the City Council or its agent upon the owner, agent or occupant. (2)The notice may be served personally or may be served by mail. In all cases where the owner is not in the city or cannot be found therein, then notice shall be sent to the last known address. (3)The notice shall describe the matter to be removed and require the removal thereof within 10 days, including Saturdays, Sundays and holidays. (B)(B)Failure to remove.Failure to remove. If, at the end of the ten days following service of a notice to remove, the nuisance If, at the end of the ten days following service of a notice to remove, the nuisance If, at the end of the ten days following service of a notice to remove, the nuisance has not been terminated or abated, the city shall cause removal and disposition. The person in violation has not been terminated or abated, the city shall cause removal and disposition. The person in violation has not been terminated or abated, the city shall cause removal and disposition. The person in violation may, within the ten days following service, file a written appeal disputing the violation or requesting may, within the ten days following service, file a written appeal disputing the violation or requesting may, within the ten days following service, file a written appeal disputing the violation or requesting additional time to comply with the notice to remove. Appeals will be pladditional time to comply with the notice to remove. Appeals will be pladditional time to comply with the notice to remove. Appeals will be placed on the next available aced on the next available agenda of the City Council for its consideration. agenda of the City Council for its consideration. (C)(C)Immediate abatement.Immediate abatement. Nothing in this section shall prevent the city, without notice or other process, Nothing in this section shall prevent the city, without notice or other process, Nothing in this section shall prevent the city, without notice or other process, from immediately abating any condition that poses an imminent and serious hfrom immediately abating any condition that poses an imminent and serious hfrom immediately abating any condition that poses an imminent and serious hazard to human life or azard to human life or safety. safety. (D)(D)Recovery of costsRecovery of costsRecovery of costs. In instances where any nuisances are abated by city action pursuant to this chapter, . In instances where any nuisances are abated by city action pursuant to this chapter, . In instances where any nuisances are abated by city action pursuant to this chapter, M.S. §§ 412.221 et seq., or M.S. Chapter 466, the cost of enforcement, abatement or other proceedings, M.S. §§ 412.221 et seq., or M.S. Chapter 466, the cost of enforcement, abatement or other proceedings, M.S. §§ 412.221 et seq., or M.S. Chapter 466, the cost of enforcement, abatement or other proceedings, including administrative charges together with interest thereon at the lawful rate permitted under M.S. including administrative charges together with interest thereon at the lawful rate permitted under M.S. 91 ΋ tğŭĻ Chapter 429, shall, if not paid, be assessed against the premises and certified to the County Auditor or Chapter 429, shall, if not paid, be assessed against the premises and certified to the County Auditor or Chapter 429, shall, if not paid, be assessed against the premises and certified to the County Auditor or certified by lien as provided in M.S. § 514.67. certified by lien as provided in M.S. § 514.67. § 91.09 PROHIBITED NOISE. (A)Prohibitions. The City Council finds within the city, certain loud, avoidable, unnatural and unnecessary noises, which under certain circumstances and conditions constitute a serious threat to the health, welfare, contentment and the feeling of well-being of the residents. Excessive noise degrades the environment of the city and the city has a substantial and, in some situations, compelling interest in controlling this noise. (1)General prohibition. (a)No person shall make or cause to be made any distinctly and loudly audible, continuous, objectionable noise due to intermittence, frequency, beat, shrillness or intensity that annoys, disturbs, injures or endangers the comfort, repose, health, peace, safety or welfare of any person or precludes his or her enjoyment of property or affects the propertyÓs value. (b)This general prohibition is not limited by the specific restriction of the following divisions. (2)Exhaust. No person shall discharge the exhaust or permit the discharge of the exhaust of any steam engine, stationary internal combustion engine, motor boat, motor vehicle or snowmobile except through a muffler or other device that effectively prevents loud or explosive noises there from and complies with all state laws and regulations. (3)Loading, unloading, unpacking. No person shall create loud and excessive noise in loading, unloading or unpacking any vehicle between the hours of 10:00 p.m. and 7:00 a.m. (4)Radios, phonographs, paging systems and the like. (a)No person shall use or operate or permit the use or operation of any radio receiving set, musical instrument, phonograph, paging system, machine or other device for the production or reproduction of sound in a distinct and loudly audible manner. (b)Operation of any such set, instrument, phonograph, machine or other device between the hours of 10:00 p.m. and 7:00 a.m. in a manner as to be plainly audible 50 feet from outside the property line of the structure or building in which it is located, in the hallway or apartment adjacent, or at a distance of 150 feet if the source is located outside a structure or building shall be prima facie evidence of a violation of this section. (c)These measurements and decibel readings will be taken per this section. (5)Participation in noisy parties or gathering. 92 ΋ tğŭĻ CHAPTER50:GARBAGEANDRUBBISH Section 50.01 Definitions 50.02 Care of refuse (Containers; storage and location). 50.03 Municipal contracting 50.04 Refuse Accumulation; Nuisance - Violation § 50.01 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. FARM. Shall consist of any tract of land five acres or greater in area used for agricultural purposes. FLEXIBLE OR COMPACT DUMPSTER. A container which has a holding capacity not exceeding five cubic yards and used for temporary storage of special pick-up refuse. A FLEXIBLE DUMPSTER is commonly referred to or known as a dumpster bag, soft- side dumpster, or waste removal bag and used in lieu of a metal front or rear-load or roll- off dumpster. A COMPACT DUMPSTER is a metal, composite or other hard-side container for refuse disposal which does not exceed five cubic yards capacity. GARBAGE. Organic waste, including discarded material resulting from the handling, processing, storage, preparation, serving and consumption of food. REFUSE. Solid waste, including garbage and refuse, but excluding yard waste, recyclables and hazardous waste. RUBBISH. Solid waste, including ashes consisting of both combustible and noncombustible wastes, such as wood, bedding, crockery and other non-reusable waste; the term also includes non-recyclable types of glass, paper, cardboard and metal cans. § 50.02 CARE OF REFUSE (CONTAINERS; STORAGE AND LOCATION). It shall be the duty of every tenant, lessee or occupant of every private dwelling house or commercial enterprise, and the owner of every furnished flat or apartment house, or business building, except upon a farm, to provide without expense to the city, and at all times to keep upon the lot upon which the building is located, suitable and sufficient receptacles with suitable handles and having a tight-fitting cover for receiving and holding without leakage or escape of odors all the refuse which would ordinarily accumulate on the premises in one weekÓs time and shall properly remove and dispose of at least weekly. Except for collection day, the receptacles shall be stored on private property and reasonably screened from view of the street. Flexible dumpster(s) or compact dumpster(s) do not have a tight-fitting cover and are allowed for use by the property owner who has contracted services through a licensed contractor with the City for hauling such items and must meeting the following requirements: (1) Only refuse of solid physical form or matter shall be placed or disposed into the flexible dumpster(s) or compact dumpster(s), such as construction or demolition debris, discarded household goods or wares, cardboard or packaging waste, or the like; and (2) Flexible dumpster(s) or compact dumpster(s) shall not exceed a five (5) cubic yard capacity; and (3) Shall not be placed within the roadway surface of any street or road right-of-way, in or block any portion of a sidewalk; part or trail; and (4) Shall not remain on a property for more than 14 days from the date it was placed outdoors at the property and be collected by a waste hauler or otherwise removed within one week of the container being filled; and (5) All refuse shall be completely and securely placed within the container; no material shall be sticking out or exceeding above the top of the container sides. No refuse placed in the container shall exceed outside the container beyond the plane of the street curb line. It is the property owner/occupant responsibility to ensure any refuse that falls or is blown out of the container is promptly collected/picked up and properly stored as any refuse is required to be stored. § 50.03 MUNICIPAL CONTRACTING The City Council, at its discretion, may contract with a single waste hauler to pick up and dispose of waste and recyclables from properties in the city. The contract for the collection of garbage in the city shall be for terms and upon such conditions as the City Council may from time to time determine. For those classes of property covered by municipal contract, it shall be unlawful for any other person or persons, except the contracted hauler, to move or carry away any refuse or recyclables, except from his or her own premises, except by with special permission of the City Council. It shall be lawful in case any person shall default in the payment of the garbage collection fees due the contracted municipal hauler, for the City Council to collect delinquent hauler fees from the person or the owner of the real property from which the waste was collected by civil action or by assessing the same against the real estate. § 50.04 REFUSE ACCUMULATION; NUISANCE - VIOLATION A violation of this chapter is a public nuisance. When the city finds that a person has violated a prohibition or failed to meet a requirement of this section, the person is deemed to have created a public nuisance subject to abatement and assessment, as provided in Chapter 91. In addition to any order issued pursuant to Chapter 91.07 through 91.08 BQQMFWBMMFZPSEJOBODFFYBNQMF THE CITY OF CENTERVILLE ANOKA COUNTY, MINNESOTA Ord. #___, Second Series AN ORDINANCE REVISING CHAPTER 50: GARBAGE AND RUBBISH REGULATING (CONTAINERS, STORAGE, LOCATION & ACCUMULATION OF REFUSE) The City Council of the City of Centerville hereby ordains: Section 1. Section Shall be amended to include the following (New Language = Bold Italics): 50.02 Care of refuse (Containers; storage and location) 50.04 Refuse Accumulation; Nuisance - Violation Section 2. That Section 50.01 DEFINITIONS shall be amended to include the following: FLEXIBLE OR COMPACT DUMPSTER. A container which has a holding capacity not exceeding five cubic yards and used for temporary storage of special pick-up refuse. A FLEXIBLE DUMPSTER is commonly referred to or known as a dumpster bag, soft-side dumpster, or waste removal bag and used in lieu of a metal front or rear-load or roll-off dumpster. A COMPACT DUMPSTER is a metal, composite or other hard-side container for refuse disposal which does not exceed five cubic yards capacity. Section 3. That Section 50.02 CARE OF REFUSE shall be amended to include the following: (CONTAINERS; STORAGE AND LOCATION) Flexible dumpster(s) or compact dumpster(s) do not have a tight-fitting cover and are allowed for use by the property owner who has contracted services through a licensed contractor for hauling such items and must meeting the following requirements: (1) Only refuse of solid physical form or matter shall be placed or disposed into the flexible dumpster(s) or compact dumpster(s), such as construction or demolition debris, discarded household goods or wares, cardboard or packaging waste, or the like; and (2) Flexible dumpster(s) or compact dumpster(s) shall not exceed a five (5) cubic yard capacity; and (3) Shall not be placed within the roadway surface of any street, or block any portion of a sidewalk; park or trail; and (4) Shall not remain on a property for more than 14 days from the date it was placed outdoors at the property and be collected by a waste hauler or otherwise removed within one week of the container being filled; and (5) All refuse shall be completely and securely placed within the container; no material shall be sticking out or exceeding above the top of the container sides. No refuse placed in the container shall exceed outside the container beyond the plane of the street curb line. It is the property owner/occupant responsibility to ensure any refuse that falls or is blown out of the container is promptly collected/picked up and properly stored as any refuse is required to be stored. Section 4. That Section 50.04 REFUSE ACCUMULATION; NUISANCE Î VIOLATION shall be added and including the following: § 50.04 REFUSE ACCUMULATION; NUISANCE Î VIOLATION A violation of this chapter is a public nuisance. When the city finds that a person has violated a prohibition or failed to meet a requirement of this section, the person is deemed to have created a public nuisance subject to abatement and assessment, as provided in Chapter 91. In addition to any order issued pursuant to Chapter 91.07 through 91.08. Section 5. Effective Date. This ordinance takes effect upon its adoption and publication. th ADOPTED by the City Council of the City of Centerville, Minnesota, this 13 day of October, 2021. _____________________________ D. Love, Mayor ATTEST: Teresa Bender, City Clerk CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: September 22, 2021 Planning & Zoning IX.2.b. TITLE OF ISSUE: Proposed Amend. to Chapter 156.102 - Home Occupations (Auto Repair) BACKGROUND AND SUPPLEMENTAL INFORMATION: Staff has addressed several of these complaints through the City's Nuisance Code to no avail, the Planning & Zoning Commission requested an in depth look at tightening up the language surrounding the item. Staff recommended adding language that directly addressed not allowing Auto Repair as a Home Occupation if your parcel was less than two (2) acres. COST AND SOURCE(S) OF FUNDING: N/A REQUESTED COUNCIL ACTION: Recommendation of the Planning & Zoning Commission to adopt the Amendments to Chapter 156.102 as presented in Ord. #XXX, Second Series . **1st Reading** (NO MOTION AT THIS TIME) For ClerkÓs Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ ProposedOrd.Amend. Vote Record: Aye Nay _____ _____ Chapter 156.102 w/Amend. and Existing Other (specify) ____________ _____ _____ _____ _____ Nuisance Ord. _______________________________________________________________ _____ _____Ki _____ ____________________________________________________________________ Administration Department Use: Refer to: _________________________________ Consent Tabled Until: ______________________________ Regular Other: ___________________________________ (B)Betting, bookmaking and all apparatus used in those occupations; (C)All houses kept for the purpose of prostitution or illegal sexual intercourse, gambling houses, houses of ill fame and bawdy houses; (D)All places where intoxicating liquor or controlled substance are manufactured or disposed of in violation of law or where, in violationof law, people are permitted to resort for the purpose of drinking intoxicating liquor, or consuming controlled substances or where intoxicating liquor or controlled substances are kept for sale or other disposition in violation of law, and all liquor, controlled substances, and other property used for maintaining that place; and (E)Any vehicle used for the unlawful transportation of intoxicating liquor, controlled substance, drug paraphernalia containing any amount of residue from a controlled substance or non- prescription drugs, or for public or illegal sexual intercourse, or any other illegal purpose. Penalty, see § 91.99 Ord. 2d #25, amended 12/10/2008 § 91.06 PUBLIC NUISANCES AFFECTING PEACE AND SAFETY.§ 91.06 PUBLIC NUISANCES AFFECTING PEACE AND SAFETY. The following are declared to be nuisances affecting public peace and safety: (A)All snow and ice not removed from public sidewalks 24 hours after the snow or other precipitation causing the condition has ceased to fall; (B)All trees, hedges, billboards or other obstructions which prevent people from having a clear view of all traffic approaching an intersection; (C)All wires and limbs of trees which are so close to the surface of a sidewalk or street as to constitute a danger to pedestrians or vehicles; (D)(D)All obnoxious noises in violation of Minn. Rules ChaAll obnoxious noises in violation of Minn. Rules Chapter 7030, as they may be amended from time to pter 7030, as they may be amended from time to time which are hereby incorporated btime which are hereby incorporated btime which are hereby incorporated by reference into this code;y reference into this code;y reference into this code; (E)(E)The discharging of the exhaust or permitting the discharging of the exhaust of any stationary internal The discharging of the exhaust or permitting the discharging of the exhaust of any stationary internal combustion engine, motor boat, motor vehicombustion engine, motor boat, motor vehicle, motorcycle, cle, motorcycle, allall--terrainterrainvehicle, snowmobile or any vehicle, snowmobile or any recreational device except recreational device except recreational device except through a muffler or other device that effectively prevents loud or explosive through a muffler or other device that effectively prevents loud or explosive through a muffler or other device that effectively prevents loud or explosive noises there from and complies with all applicable state laws and regulations;noises there from and complies with all applicable state laws and regulations;noises there from and complies with all applicable state laws and regulations; (F)The using or operation or permitting the using or operation of any radio receiving set, musical instrument, phonograph, paging system, machine or other device for producing or reproduction of sound in a distinctly and loudly audible manner so as to disturb the peace, quiet and comfort of any person nearby. Operation of any device referred to above between the hours of 10:00 p.m. and 7:00 a.m. in a manner so as to be plainly audible at the property line of the structure or building in which it is located, 88΋ tğŭĻ or at a distanceof 50 feet if the source is located outside a structure or building shall be primafacie evidence of violation of this section; (G)The participation in a party or gathering of people giving rise to noise which disturbs the peace, quiet or repose of the occupants of adjoining or other property; (H)Obstructions and excavations affecting the ordinary public use of streets, alleys, sidewalks orpublic grounds except under conditions as are permitted by this code or other applicable law; (I)Radio aerials or television antennae erected or maintained in a dangerous manner; (J)Any use of property abutting on a public street or sidewalk or any use of a public street or sidewalk which causes large crowds of people to gather, obstructing traffic and the free use of the streetor sidewalk; (K)All hanging signs, awnings and other similar structures over streetsand sidewalks, so situated so as to endanger public safety, or not constructed and maintained as provided by ordinance; (L)The allowing of rain water, ice or snow to fall from any building or structure upon any street or sidewalk or to flow across any sidewalk; (M)Any barbed wire fence less than six feet above the ground and within three feet of a public sidewalk or way; (N)All dangerous, unguarded machinery in any public place, or so situated or operated on private property as to attract the public; (O)Waste water cast upon or permitted to flow upon streets or other public properties; (P)Accumulations in the open of discarded or disused machinery, household appliances, automobile bodiAccumulations in the open of discarded or disused machinery, household appliances, automobile bodies es or other material in a manner conducive to the harboring of rats, mice, snakes oor other material in a manner conducive to the harboring of rats, mice, snakes or vermin, or the rank r vermin, or the rank growth of vegetation among the items so accumulated, or in a manner creating fire, health or safety growth of vegetation among the items so accumulated, or in a manner creating fire, health or safety hazards from accumulation;hazards from accumulation; (Q)Any well, hole or similar excavation which is left uncovered or in another condition as to constitute a hazard to any child or other person coming on the premises where it is located; (R)Obstruction to the free flow of water in a natural waterway or a public street drain, gutter or ditch with trash of other materials; (S)The placing or throwing on any street, sidewalk or other public property of any glass, tacks, nails, bottles or other substance which may injure any person or animal or damage any pneumatic tire when passing over thesubstance; (T)The depositing of garbage or refuse on a public right-of-way or on adjacent private property; (U)All other conditions or things which are likely to cause injury to the person or property of anyone; 89΋ tğŭĻ (V)Diseased or dangerous conditions of trees as follows: (1)Any living or standing elm tree or part thereof infected to any degree with the Dutch Elm disease fungus Ceratocystis Ulmi (Buisman) Moreau or which harbors any of the elm bark beetles Scolytus Multistriatus (Eichh.) or Hylungopinus Rufipes (Marsh); (2)Any dead elm tree or part thereof, including branches, stumps, firewood or other elm material from which the bark has not been removed and burned or sprayed with an effective elm bark beetle insecticide; (3)Any living or standing oak tree or part thereofinfected to any degree with the Oak Wilt fungus Ceratocystis fagacearum; (4)Any deador dying tree or part thereof which in the opinion of the designated officer constitutes a hazard, and including but not limited to logs, branches, stumps, roots or oak tree material which has not been stripped of its bark and burned or sprayed with an effective fungicide; (5)Any other shade tree with an epidemic disease; and (6)It is unlawful to transport bark-bearing elm wood in or through the city without securing a permit therefore from the City Administrator. (W)Four or more code violations, fire calls or other nuisance complaints requiring enforcement response within a 30-day period; and (X)To park or store any unlicensed, unregistered or inoperable motor vehicle parts or compoTo park or store any unlicensed, unregistered or inoperable motor vehicle parts or components thereof, nents thereof, on any property, public or private, unless housed within a lawfully on any property, public or private, unless housed within a lawfully erected buildingerected buildingexcept in a except in a commercial zone where the use is specifically regulated by a conditional use permitcommercial zone where the use is specifically regulated by a conditional use permit.. (Y)Use of Undiluted Coal Tar Sealers Prohibited (This prohibition shall not affect the use of asphalt-based sealer products within the City.) (1)No person shall apply any undiluted coal tar-based sealer to any driveway, parking lot, or other surface within the City of Centerville (2)No person shall contract with any commercial sealer product applicator, residential or commercial developer, or any other person for the application of any undiluted coal tar-based sealer to any driveway, parking lot, or other surface within the City. (3)No commercial sealer product applicator, residential or commercial developer, or other similar individual or organization shall direct any employee, independent contractor, volunteer, or other person to apply any undiluted coal tar-based sealer to any driveway, parking lot, or other surface within the City. Ord. 2d #34, adopted 04/28/2010, Ord. 2d #57, amended 05/09/2012 90΋ tğŭĻ THE CITY OF CENTERVILLE ANOKA COUNTY, MINNESOTA Ord. #___, Second Series AN ORDINANCE REVISING CHAPTER 156: ZONING CODE, §156.102 HOME OCCUPATIONS The City Council of the City of Centerville hereby ordains: Shall be amended to include the following (New Language = Bold Italics: Section 1. That Section 156.102 HOME OCCUPATIONS. (J) Auto repair as home occupation is not permitted on lots of less than 2 acres in size. Section 2. Effective Date. This ordinance takes effect upon its adoption and publication. th ADOPTED by the City Council of the City of Centerville, Minnesota, this 13 day of October, 2021. _____________________________ D. Love, Mayor ATTEST: Teresa Bender, City Clerk CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: September 22, 2021 Planning & Zoning IX.2.c. TITLE OF ISSUE: Proposed Amend. to Chapter 156.111 - Fence (Front Facade) BACKGROUND AND SUPPLEMENTAL INFORMATION: Staff has received several requests for fences to be constructed/reconstructed to the front of the principal structure rather than 10' behind the front facade of the principal structure. Staff completed research from five (5) cities and recommended removing existing language within the existing Code. COST AND SOURCE(S) OF FUNDING: N/A REQUESTED COUNCIL ACTION: Recommendation of the Planning & Zoning Commission to adopt the Amendment to Chapter 156.111 as presented in Ord. #XXX, Second Series. **1st Reading** (NO MOTION AT THIS TIME) For ClerkÓs Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ ProposedOrd.Amend. Vote Record: Aye Nay _____ _____ Staff Memo, Existing Chapter 156.111 w/ Other (specify) ____________ _____ _____ _____ _____ Diagrams _______________________________________________________________ _____ _____Ki _____ ____________________________________________________________________ Administration Department Use: Refer to: _________________________________ Consent Tabled Until: ______________________________ Regular Other: ___________________________________ TO: City Administrator Statz FROM: City Clerk Bender SUBJECT: Fence Setback Front Façade/Structure DATE: August 18, 2021 City of Blaine Î Front Yard Requirements is a maximum of four (4) feet above ground level in front of the front face of the residential structure. Side Yard Requirements is maximum height of six (6) feet above ground level. City of Circle Pines Î Front Yard Definition Î A yard extending across the full width of the lot and lying between the front line of the lot and the nearest line of any building extending to the side lot line nearest to that building. Fences erected in the front yard shall not exceed four feet (4Ó) in height. Fences in yards other than a front yard shall not exceed six feet (6Ó) in height, except in R-1 District. (See illustration No. 5). City of Hugo Î Interior Lot: Front yard to the front corner of the principal building maximum height 4Ó; Side & Rear yards 6Ó. Corner Lot: Front yard height 4Ó and 6Ó in side yards. City of Lexington Î Residential District Fences Î In residential districts, no fence may exceed five (5) feet in height above the ground level, in front of the front line of the residential structure. City of Lino Lakes Î A fence up to 6Ó high may be erected from a line extending from the front façade of the principal building to the side lot lines, and then along the side lot lines and real lot line (Diagram 6b). (A)No occupancy permit shall be issued until the lot upon which the structure is constructed is brought to finished grade as specified except during inclement weather an escrow shall be deposited with the city as approved in the fee schedule; and (B)Prior to issuance of the occupancy permit, the lot shall be landscaped in a manner which prevents erosion due to wind or water. Extensions may be granted at the Building Offi cialÓs discretion. § 156.110 BUILDING NUMBERS. (A)Numbers required. It shall be the duty of the owner, lessee or occupant of every house, industrial, commercial or other building to have proper house or building numbers either by affixing to the building numbers in metal, glass, plastic or other durable material. The numbers shall not be less than six inches in height, in a contrasting color to the base, and so placed to be easily seen from the street. (B)Alternative display. In those cases where the principal building is obscured from view from the street of address by accessory buildings, trees, shrubbery or other visual obstruction, the numbers shall be displayed from a permanent mounting on the property so that they are clearly visible from the street of address. § 156.111 FENCES § 156.111 FENCES AND SPECIAL PRIVACY SCREENING. AND SPECIAL PRIVACY SCREENING. (A)General regulations. (1)All fences shall be located a minimum of two feet from any property line of the fence owner unless the owner of the adjoining property agrees, in writing, that the fence may be erected on the property line of the respective properties. This agreement shall be submitted at the time of building permit application. (a)Fences shall be located a minimum of two feet from a property line adjoining a street right of way and may not be located in any drainage or utility easement except where permission has been granted by the City through an encroachment agreement. (b)No fence other than a decorative fence may be constructed in a front yard. As used herein, the term DECORATIVE FENCE means a wrought iron fence, wood or vinyl vertical post and wood horizontal rail fence with no more than three rails or a wood or vinyl picket type fence with at least two inches of open space between each picket. All decorative fences shall have at least 40% of the surface area of the fence open. (2)No residential fence may exceed six feet in height and no decorative fence in the front yard may exceed 36 inches in height. 367 ΋ tğŭĻ (a)Where a corner lot abuts an adjacent propertyÓs front yard, the fence shall be set back a minimum of 10 feet from the adjoining property line, unless the fence is a decorative fence not exceeding three feet in height. (b)Residential corner lots shall only have one front yard for the purpose of fences and that shall be the side that has the front entrance to the home. (c)In no event shall any fence be closer than fifteen feet to a curb or street pavement. (d)(d)Any fence that is not a decorative fence shall be set back behind a line between a point Any fence that is not a decorative fence shall be set back behind a line between a point Any fence that is not a decorative fence shall be set back behind a line between a point ten feet behind the outermost front corner of the principal structure and the nearest point ten feet behind the outermost front corner of the principal structure and the nearest point ten feet behind the outermost front corner of the principal structure and the nearest point on the adjoining side property line. on the adjoining side property line. (3)All fences shall be constructed and maintained in a substantial, workmanlike manner and of material reasonably suited for the purpose for which the fence is proposed to be used. Every fence shall be constructed so that the side containing the framing supports and cross-pieces face the interior of the fence ownerÓs lot. Any fence which does not comply with the provisions of this section or which endangers the public safety, health or welfare shall be considered a public nuisance. (B)Snow-stop fencing. Snow-stop fencing may be used from November 1st to April 1st in R-1 Districts. No permit shall be required for snow stop fencing. (C)Electric and barbed wire fence. Electric fences, hog wire fencing, barbed-wire fencing and similar fencing will not be allowed, except in the R-1 District and then may only be used in conjunct with agricultural activities. (D)Visual obstructions. No fence may be erected which creates visual obstructions at any intersection, alley, driveway or street for safe vehicular, bicycle or pedestrian movement. (E)Swimming pool fencing. No permanent private swimming pool with a water depth exceeding 24 inches may be allowed, unless enclosed by a permanent wall or fence not less than four feet in height with self- closing door and self-closing latch. A swimming pool shall be considered permanent if it has a connected water supply, a drain connection or electrical connection where any of these require an electrical, mechanical, plumbing or building permit under the Minnesota Building Code. (F)Fencing in commercial/industrial zoning districts shall not exceed eight feet in height. Fences, except decorative fences not exceeding three feet in height, shall not be placed in a front yard of an industrial or commercial lot. (G)Special Privacy Screening. A single family property may install in a rear yard, special privacy screening around a pool, hot tub and/or patio, with a height of up to 7.5 feet. The total area enclosed by the special privacy screening may not exceed an area equal to one half of the area of the first floor of the dwelling. The total lineal footage of the special screening shall not exceed an amount equal to the distance across the lot at the front setback of the dwelling. Special Privacy Screening may not be located closer to any 368 ΋ tğŭĻ Z B X E B P S EXZ EFDPSBUJWF ( 1 2 GFODF Y ( 1 2 IPNF Y Y Y QSJWBDZ Y GFODF 3(!TFUCBDL Y Y Y Y 3(!TFUCBDL QSJWBDZ!PS!DIBJO!MJOL!GFODF!NBZ!CF!21 GFFU!CBDL!GSPN!GSPOU!DPSOFS!UIFO!UP EFDPSBUJWF!GFODF OFBSFTU!TJEF!QSPQFSUZ!MJOF/ Y QSJWBDZ!PS DIBJO!MJOL!GFODF UZQJDBM!GFODF!JOTUBMMBUJPO!.!FYBNQMF!2 DFOUFSWJMMF-!NJOOFTPUB J;\]727\]727HFO\]dbe\]exh\]727`UZQ!GFODF!JOTUBMM SPBE XBZ EFDPSBUJWF GFODF YY ( 1 2 Y EXZ IPNF Y QSJWBDZ GFODF ( 1 2 Y Y Y Y Y Y 3(!TFUCBDL!FYDFQU XIFSF!CPVOEBSZ MJOF!BHSFFNFOU EFDPSBUJWF!GFODF Y QSJWBDZ!PS DIBJO!MJOL!GFODF UZQJDBM!GFODF!JOTUBMMBUJPO!.!FYBNQMF!3 DFOUFSWJMMF-!NJOOFTPUB J;\]727\]727HFO\]dbe\]exh\]727`UZQ!GFODF!JOTUBMM OPUF;!GFODFT!NBZ!OPU!CF!QMBDFE!JO!FBTFNFOU !!!!!!!!!!XJUIPVU!FODSPBDINFOU!BHSFFNFOU/ HSFBUFS!PG!3(!GSPN Z B QSPQFSUZ!MJOF!PS X E B P 26(!GSPN!DVSC S Y Y Y Y Y Y QSJWBDZ!GFODF Y 21( GSPOU!ZBSE PS!DIBJO!MJOL Y BEKPJOJOH Y QSJWBDZGFODF I F ( P D 1 Y O 2 N F G !L Y F Z O J D !M B ! F Y W O J J O S B Q I U D ! IPNF S S P B O Y D F ! T J E Y F ( EXZ 1 2 HSFBUFS!PG!3(!GSPN QSPQFSUZ!MJOF!PS 26(!GSPN!DVSC 3(!TFUCBDL!FYDFQU XIFSF!CPVOEBSZ MJOF!BHSFFNFOU EFDPSBUJWF!GFODF S P B E X B Z EFDPSBUJWF!GFODF Y QSJWBDZ!PS DIBJO!MJOL!GFODF UZQJDBM!GFODF!JOTUBMMBUJPO!.!FYBNQMF!4!)DPSOFS!MPU* DFOUFSWJMMF-!NJOOFTPUB J;\]727\]727HFO\]dbe\]exh\]727`UZQ!GFODF!JOTUBMM HSFBUFS!PG!3(!GSPN SPBEXBZ QSPQFSUZ!MJOF!PS 26(!GSPN!DVSC EXZ EFDPSBUJWF!GFODF 21( 21( IPNF Y Y Y Y QSJWBDZ!GFODF PS!DIBJO!MJOL 3(!TFUCBDL!FYDFQU Y Y XIFSF!CPVOEBSZ MJOF!BHSFFNFOU GFODF!XJUIPVU Y Y FODSPBDINFOU BHSFFNFOU Y Y EFDPSBUJWF!GFODF Y Y Y Y QSJWBDZ!PS DIBJO!MJOL!GFODF ESBJOBHF!FBTFNFOU Y Y Y YY Y GFODF!XJUI FODSPBDINFOU OPUF;!GFODFT!NBZ!OPU!CF!QMBDFE BHSFFNFOU !!!!!!!!!!JO!FBTFNFOU!XJUIPVU !!!!!!!!!!FODSPBDINFOU!BHSFFNFOU UZQJDBM!GFODF!JOTUBMMBUJPO!.!FYBNQMF!5!)JOUFSJPS!MPU* DFOUFSWJMMF-!NJOOFTPUB J;\]727\]727HFO\]dbe\]exh\]727`UZQ!GFODF!JOTUBMM THE CITY OF CENTERVILLE ANOKA COUNTY, MINNESOTA Ord. #___, Second Series AN ORDINANCE REVISING CHAPTER 156: ZONING CODE, §156.111 FENCES AND SPECIAL PRIVACY SCREENING, (A) GENERAL REGULATIONS, (2), (d) The City Council of the City of Centerville hereby ordains (To Be Removed Language = Strike Through): Section 1. That Section 156.111 FENCES AND SPECIAL PRIVACY SCREENING. (A) General Regulations. (2) No residential fence may exceed six feet in height and no decorative fence in the front yard may exceed 36 inches in height. (d) Any fence that is not a decorative fence shall be set back behind a line between a point ten feet behind the outermost front corner of the principal structure and the nearest point on the adjoin side property line be stricken and removed. Section 2. Effective Date. This ordinance takes effect upon its adoption and publication. th ADOPTED by the City Council of the City of Centerville, Minnesota, this 13 day of October, 2021. _____________________________ D. Love, Mayor ATTEST: Teresa Bender, City Clerk CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: October 13, 2021 City Administrator / City Attorney VIII.2 TITLE OF ISSUE: Amended Development Agreement for the "Rehbein Commercial" Plat BACKGROUND AND SUPPLEMENTAL INFORMATION: This Development Agreement guides the physical construction and future development on the Rehbein Commerical Plat. (property north of Main St.) Generally, this document governs: - construction of public roads and infrastructure over the entire Plat. - warranties to ensure the quality construction of public infrastructure. - payment of various development on construction fees. These fees will be paid in advance of construction of each commercial parcel. - financial security paid by the Developer to ensure completion of necessary requirements for development. The previously approved a Developer's Agreement for this plat. The attached amended agreement clarifies some terminology and allows for a combination of bond and letter of credit for the securities. COST AND SOURCE(S) OF FUNDING: Paid by the Developer REQUESTED COUNCIL ACTION: Motion to approve the attached Amended Development Agreement. For ClerkÓs Use: 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: ___________________________________ CITY OF CENTERVILLE COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION #21-____ A RESOLUTION APPROVING DEVELOPMENT AGREEMENT FOR REHBEIN COMMERCIAL WHEREAS, the City of Centerville approved a Development and Subdivision Agreement for the Rehbein Commercial Plat during August of 2021. WHEREAS, Rehbein Properties and R&R Leasing desire to use a Bond as Security for this transaction. This change requires an amendment to the existing Development and Subdivision Agreement. WHEREAS, the City Council has determined that it would be in the best interest of the City to enter into AMENDED Development Agreement attached hereto as Exhibit A. WHEREAS, the City Council authorizes the City Attorney to make amendments to this AMENDED Development and Subdivision Agreement as necessary such that they do not change or alter the intent of the Agreement. NOW, THEREFORE, BE IT RESOLVED, that the Centerville City Council does hereby, approve the AMENDED Development and Subdivision Agreement, hereto attached as Exhibit A. th PASSED AND DULY ADOPTED this 13 day of October 2021 by the City Council of the City of Centerville. ________________________________ D. Love, Mayor Attest: ____________________________________ Teresa Bender, City Clerk DEVELOPMENT & SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF CENTERVILLE, MINNESOTA AND R&R LEASING, INC. \[Amended Agreement, effective October 13, 2021\] PREPARED BY: Kurt B. Glaser, City Attorney Berglund, Baumgartner, Kimball & Glaser, LLC 333 Washington Avenue North 405 Union Plaza Building Minneapolis, Minnesota 55401 612-333-6513 KGlaser@BBKGLaw.com Version 10/11/2021 Page 1 DEVELOPMENT & SUBDIVISION AGREEMENT Rehbein Commercial THIS AMENDED DEVELOPMENT & SUBDIVISION AGREEMENT effective August ___,October 13, 2021, by and between the CITY OF CENTERVILLE, ; and R&R LEASING, a Minnesota Corporation, . This amended Agreement revokes and supersedes prior any prior Development and Subdivision Agreement between the Parties. 1. REQUEST FOR PLAT AND DEVELOPMENT APPROVAL. The Developer has asked the City to approve a preliminary plat and a final plat for the Rehbein Commercial (referred to in this Agreement as the Final comprising the Final Plat is situated in the County of Anoka, State of Minnesota, and is legally described on the attached Exhibit A, including easements described therein. Development of the Outlots described in the Final Plat as Outlots A-D shall be commenced in the future , on a lot-by- lot basis. The Developer has received approval for a Preliminary Final Plat and a Final Plat containing what will eventually be five lots (currently two platted lots and four Outlots which Outlots will eventually comprise three additional lots. The scope of this Agreement shall serve as the master agreement for all phases of development until the Plat is fully developed. This Version 10/11/2021 Page 2 Agreement shall also comprise the governing document for the two Lots identified in the Final Plat as Lot 1, Block 1, and Lot 1, Block 2, Rehbein Commercial . Future development shall be governed by amendments or codicils to this Agreement. Future development of the four Outlots may be governed by separate development agreements entered into by the City and the future owners of those Lots. The Developer has received approval for a Final Plat for the development. The first phase of this development will consist of construction of the general infrastructure to serve all the Lots and Outlots of the Final Plat, and construction on Lot 1, Block 1, containing a convenience store and gas station, and on Lot 2, Block 2, containing an assisted living facility. The remainder of the platted land will be reserved for future development. 2. CONDITIONS OF PLAT AND DEVELOPMENT APPROVAL. This Agreement serves as the master agreement for the development of the Rehbein Commercial plat. The Preliminary Plat will be developed in accordance with the development plansDevelopment Plans in successive phases of the development. The First Phase shall be developed pursuant to the Final Plat, adopted by the City on July 14, 2021, and this Agreement which includes the general infrastructure for the Lots and Outlots and the specific development conditions for the Lots. At such time as the City approves the Final Plat, land use documents such as a Conditional Use Permit, easement, or covenant, or the Development Plans for a phase of development Other D, and the Developer receives the Right To Proceed as set forth below, the Developer may record that Final Plat or other land use documents with the County Recorder and/or the Registrar of Titles within one hundred (100) days after approval of that Final Plat. If the Final Plat or other land use documents are not recorded within the one hundred (100) days, the approval of the Final Plat or the Other Documents is void, unless a written request for an extension is submitted Version 10/11/2021 Page 3 to the City Administrator before the one hundred (100) days expire. The extension will be approved or denied by the City Council by placement on their agenda within fifteen (15) days of request for same. Such Final Plat or Other Documents shall contain all easements required for the construction and maintenance of improvements for the development. 3. RIGHT TO PROCEED. Within the Land, the Developer may not grade (except as authorized in a Permit issued by the City) or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings until all the following conditions have been satisfied: 1) this Agreement or subsequent amendments or codicils have been fully executed or consented to by all parties, including owners, lessors, lessees, and mortgage holders, and filed with the City Administrator and recorded against the Land , 2) the necessary security has been received by the City, 3) the Final Plat has been approved by the City Council and is in a form ready for recording 4) the necessary easements, rights-of-ways, covenants or other land use documents have been recorded against the Land, and 5) the City Administrator has issued a letter that all conditions have been satisfied and that the Developer may proceed. The Final Plat will not be released to the Developer and may not be recorded until the necessary Security, as hereinafter defined, has been received and accepted by the City. The City Administrator shall issue the notice to proceed within two (2) business days after receipt and acceptance of the Security. 4. OTHER DEVELOPMENT. The conditions contained in this Agreement apply to all parcels during all phases of this development. As to the Outlots in the Final Plat which have not been approved for development at the time this Agreement is executed, the final plans for development or construction on those parcels are currently unknown to the Parties to this Version 10/11/2021 Page 4 Agreement. At such time as development of the Outlots occurs, the owner of the Outlot and/or the Developer shall make application to the City for an Amendment to the Final Plat. Once such future plans are submitted to the City for development and site plan review process, the City, the Developer, or lot owner may request changes to the Final Plat or other documents, or to this Agreement, to facilitate orderly development of the Outlots. The City may withhold issuing permits or certifications, or withhold action or public hearings on land use applications while awaiting approval of said changes. The Developer shall sell Lots and Outlots on the Plat in such as manner as to condition their sale upon regulation of the development on those parcels subject to this Agreement, the applicable law, and subject to new individual development agreements for each Outlot. The Developer shall require those buyers to contract with the City to abide by obligations to the City regarding the development of these parcels. These obligations shall include but are not limited to requiring each buyer to enter into a separate Development Agreement with the City requiring site plan and development review, and setting forth time of performance, development fees, and the placement of Security with the City. While the Developer may assign its obligations to those buyers, the Developer will remain primarily liable for its obligations under this Agreement and the applicable law regarding the development of these parcels. 5. CHANGES IN OFFICIAL CONTROLS. For two (2) years from the date of this or affect the use, development density, lot size, lot layout or dedications of the approved Final Plat unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Agreement to the contrary, to the full extent permitted by state law the City may require compliance with any amendm Version 10/11/2021 Page 5 Plan, official controls, platting, or dedication requirements enacted after the date of this Agreement. 6. DEVELOPMENT PLANS. The Final Plat shall be developed in accordance with the following plans ( shall not be attached to this Agreement. If the Plans vary from the written terms of this Agreement, the written terms shall control. The approved Plans are as follows: A. Final Plat, Rehbein Commercial, adopted by City Council 07/14/2021. B. Preliminary Plat, Rehbein Commercial, Carlson McCain (prepared by Thomas Balluff (03/11/2021), adopted by City Council 04/28/2021. C. Sanitary Sewer, Water Main, Storm Sewer, and Street Construction Plans, Carlson McCain (prepared by Joseph Radach (06/09/2021). D. Specification, Rehbein Commercial, Centerville, Minnesota, Carlson McCain Project No.: 9238-00, (06/09/2021). E. -or private improvements constructed pursuant to this Agreement. F. Easements for cul-de-sac at the west end of Michaud Way. These Plans may include subsequent plan revisions approved, in writing, by the City Engineer. The Parties recognize that the Final Plat and the Plans contain undefined elements related to the Outlots subject to future development. Once those elements are defined, they shall be included as part of these Plans and the Final Plat. All current and future site development of the Lots and Outlots shall be in accordance with the plans and specifications set forth in the Preliminary Plat, except for subsequent plan revisions approved, in writing, by the City Engineer. 7. PUBLIC AND PRIVATE IMPROVEMENTS. The Developer shall install and Development Plans. These Improvements are detailed in Exhibit D. All Improvements shall be installed in e; City standard specifications for utilities and street construction; and any other applicable law, ordinance. The Developer shall submit plans and specifications for the Improvements that have Version 10/11/2021 Page 6 been prepared by a licensed registered professional civil engineer to the City for approval by the City Council. The Developer shall obtain all necessary permits from other agencies before proceeding with construction of the Improvements. The Developer, at its sole expense, shall instruct its engineer to provide adequate field inspection personnel to assure an acceptable level of City acceptance, that the construction work for the Improvements meet the approved City standards. The Developer, its contractors, and subcontractors, shall follow all instructions received from the City and Rice Creek Watershed inspectors, so long as in conformity with the Development Plans. The Develope-site project management. The Developer or its engineer shall schedule a pre-construction meeting at a mutually agreeable time and location with all parties concerned, including the City Engineer, inspector and/or consultants, to review the program for the construction work. Prior to the pre-construction meeting, Developer shall supply a schedule of construction activities and shall amend the schedule from time to time as necessary. Before the Security for the completion of Public Improvements is released in total, iron monuments must be installed in accordance with Minn. Stat. Chapter 505. surveyor shall submit a written notice to the City certifying that the monuments have been installed. 8. PERMITS. The Developer shall obtain, or require its contractors and subcontractors to obtain, all necessary permits. Those permits obtained by Developer to begin work include, but are not limited to: A. Minnesota Pollution Control Agency National Pollutant Discharge Elimination System Permit For Storm Water Discharge Related To Construction Activity B. Rice Creek Watershed District General Permit For Development Activity C. City of Centerville - Building Permit Version 10/11/2021 Page 7 D. City of Centerville Grading Permit for land disturbing activities. E. City of Centerville Right-of-Way Permits for small utilities such as gas, phone, electric, cable TV. F. Minnesota Pollution Control Agency Sanitary Sewer Extension G. Minnesota Department of Health Water Main Extension 9. TIME OF PERFORMANCE. The Developer shall install all required public ) in the Development Plans with the exception of the final wear course of asphalt by December 31, 2021. Developer shall install the wear course by November 1, 2022. The Developer may, however, request an extension of time from the City. The City may exercise the power to delay installation of the wear course for a period no more than one If the deadline is extended Security posted by the Developer shall be updated to reflect cost increases and the extended completion date. The City may only exercise the power to delay installation of the wear course for good cause shown. As Developer moves forward with future development of the Outlots, the installation of those required public improvements and their associated deadlines shall be the subject of an amendment to this Agreement using the principals governing First Phase. 10. LICENSE. The Developer hereby grants the City, its agents, employees, officers, and contractors a license to enter the Land to be platted to perform all work and inspections deemed appropriate by the City in conjunction with the Final Plat development and the Improvements. 11. EROSION CONTROL. The erosion control shall be implemented by the Developer according to the Storm Water Pollution Prevention Plan (SWPPP), and inspected under the terms of the National Pollutant Discharge Elimination System Permit For Storm Water Discharge Related To Construction Activity (NPDES permit). The City or Rice Creek Watershed District may impose additional erosion control requirements if field conditions warrant. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule or supplementary instructions received from the City, Minnesota Pollution Control Agency or the Rice Creek Watershed District, the City may take such action as it deems appropriate to control erosion. The City will designate a contact person responsible for erosion control issues. The contact person will attend the pre-construction Version 10/11/2021 Page 8 meeting. Except in case of emergency, the City will give 48-hour notice to the Developer in advance of any proposed action by calling Matt Rehbein at 612-282-7153, but failure of the City to give Developer actual notice hereunder. In the case of an emergency the City shall at attempt notify Developer immediately by calling Matt Rehbein at 612-282-7153. If the Developer does not reimburse the City for any cost the City incurred for such work within thirty (30) days, the City may make a claim against the bondSecurity to pay any costs. No development, utility or street construction will be allowed and no building permits will be issued unless the Developer is in full compliance with the SWPPP. The Developer shall require all contractors and subcontractors working on the Project to . Those contractors and subcontractors are to be advised of the City standards as to how they may be required to post surety to secure performance. The City will work cooperatively with the Developer in securing their compliance with erosion control standards through the building permit process. 12. GRADING PLAN. The Plat shall be graded in accordance with the Grading Plan. Within thirty (30) days after completion of the grading and before the City releases any Security, land surveyor or engineer, with elevation shots showing that all ponds, swales, emergency overflows and ditches have been constructed in accordance with the approved grading plan. Developer shall verify and submit to the City, lot corner elevations, pond depth, storm water ingress, and building pads. The City will withhold issuance of building permits until the approved certified grading plan is on file with the City and all erosion control measures are in place as determined by the City Engineer. The Developer shall be required to maintain all erosion control measures until written termination of the National Pollutant Discharge Elimination System permit. 13. DEWATERING. Due to the variable nature of groundwater levels and storm water to satisfy themselves with regard to the elevation of groundwater in the area and the level of effort Version 10/11/2021 Page 9 needed to perform dewatering and storm flow routing operations. All dewatering shall be in accordance with all applicable county, state, and federal rules, and regulations. Department of Natural Resources regulations regarding appropriations permits shall also be strictly enforced. 14. CLEAN UP. The Developer shall daily clean dirt and debris from streets that has resulted from construction work by the Developer, its contractors, subcontractors, agents or assigns. Prior to any construction on the Land, the Developer shall identify in writing a responsible party for erosion control, street cleaning, and street sweeping. During such times as construction is active, developer or his agent shall frequently inspect streets and make sure that they are swept of dirt and debris. 15. SITE PROVISIONS. A. Developer shall be responsible for security at the Land during construction. B. Developer shall maintain communication with the neighboring properties and address any concerns raised by the neighbors in a timely manner. C. Developer shall repair damage to the neighboring streets, curbs, trails, or other public infrastructure caused by construction of the Project, at their own expense. D. Developer shall provide traffic control for any work within the right-of-way. E. During construction of Michaud Way, Developer shall require all construction traffic to enter a construction site from an existing roadway (either 20th or 21st Avenues or Main Street) until such time as a base course is constructed, and at no time after a final wear course is st installed. Temporary access to a site can occur north of the pond on 21 Avenue. 16. OWNERSHIP OF IMPROVEMENTS. Upon completion and acceptance of the work and construction required by this Agreement, the Public Improvements lying within public right-of-way and easements shall become City Property without further notice or action. Those improvements shall include but are not limited to the sanitary sewer, potable water system, storm sewer, roads, sidewalks, trails, draintile, signage and street lighting (unless owned by the utility). The extent of sewer and water service lines ownership is further defined in city code. The Developer shall retain ownership and maintain all ponds and other erosion control measures, and Version 10/11/2021 Page 10 the Final Plat shall indicate an easement in favor of the Public for storm water use, access, and maintenance. However, the Developer shall maintain ponds and other erosion control measures until the development is complete in conformance with this Agreement, and provided that the engineer for Developer shall certify that the ponds have been cleaned and provide the designed holding capacity prior to the City certifying the ponds. All of the easements set forth in this Section must be reduced to writing and recorded on the Final Plat. 17. SUPERIOR RIGHT OF TITLE. The Developer agrees, and shall not cause any mortgage, lien, easement, covenant, or other encumbrance on title to the Land to be superior to any right or title the Developer grants to the City for an easement, this Agreement, or any feature included on the Final Plat, including covenants for the maintenance of common open space, except by an express written authorization approved by the City Council. 18. ADMINISTRATION COSTS. The Developer shall reimburse the City for all of reasonable actual out-of-pocket expenses for this development including, but not limited to expenses incurred for legal, planning, engineering services, development agreement compliance and inspection services. The Developer shall deposit $20,000 and maintain with the City a minimum of $10,000 cash escrow for payment of these accrued or future costs in the amounts listed in city code. The City shall draw against the escrow to reimburse itself for all such costs and upon request shall provide the Developer with a detailed report itemizing all costs charged to the Developer by date, hourly rate (if applicable), time in tenths of hours spent, and description of the work or services performed. The Developer agrees that the City has the right to request additional -of-pocket costs and replenish such escrow. All billings by the City incurred after the execution of this Agreement must be presented within 90 days of the date of service. Unless excused by the City Council, the Developer shall maintain the escrow for a period of one-year after either the termination of this agreement or completion of all construction and landscaping, whichever is a longer period. Charges against the cash escrow shall be reconciled within 90 days of the installation of the wearing course of blacktop. Version 10/11/2021 Page 11 Upon ten days written notice to Developer, the City may halt plat development and construction for any unpaid bills until they are paid in full, and the escrow replenished to its original amount. Bills not paid within thirty (30) days shall accrue interest at the rate of six percent (6%) per year. City may at its option draw against developer security to reimburse itself for such costs. Before the City signs the Final Plat, Developer must pay or satisfy all of these costs, and any other unpaid governmental fees, assessments, judgments, or real estate taxes, plus any penalty and interest. 19. SECURITY. The amount of the Security (bond)in the form of a Bond is calculated as shown in Exhibit D. These calculations are for historical reference, and are not a restriction on the use of the Security. Security shall be calculated in an amount for features as set forth in Code Chapter of 153. In addition to the Bond, additional Security, in the form a Letter of Credit in the amount of $50,000 has been negotiated by the parties. The Bond or Letter of Credit may be used interchangeably for all purposes in this Agreement. A copy of the Bond is attached as Exhibit B1. A copy of the Letter of Credit is attached as Exhibit B2. The Security shall be for a term ending November 30, 2023, and; Security in the form of a Letter of Credit shall be automatically renewing thereafter unless notice of termination is provided to the City at least forty-five (45) days prior to the end of the term or any renewal date. The notice given must comply with the formal Notice provisions of this Agreement. Individual security instruments may be for shorter terms provided they are replaced at least thirty (30) days prior to their expiration. The City may make a bond claim against the Security, with a written seven (7) day notice and seven (7) day right to cure by the Developer, for any violation of the terms of this Agreement or if the Security is to be allowed to lapse prior to the end of the required term or any renewal term. The notice and right to cure provisions shall be void if the Security will expire in less than seven (7) days or upon discovery that the Security will not automatically renew (if Version 10/11/2021 Page 12 such discovery is on or after the date that is seven (7) days prior to expiration of the Security). If the required Improvements are not completed at least thirty (30) days prior to the expiration of the Security, the City may also make a bond claim. against the Security. If a bond claim against the Security is paid, the proceeds shall be used to cure the default or held until the Developer has completed the Improvements. The Security may be reduced from time to time pursuant to City policy regarding Security reductions. Upon receipt of proof to the City that work has been satisfactorily completed, financial and built plans have been received by the City, the Security may be reduced from time to time pursuant to City policy regarding Security reductions. The terms and conditions set forth in the Section are separate and distinct from security obligations to warranty improvements set forth elsewhere in this agreement. 20. CLAIMS & ACTIONS. In the event that the City receives notice of an audit or review from a governmental agency related to this Land or Final Plat, or the City receives notice of litigation regarding this Land or Final Plat, such claims will be forwarded to the Developer who shall promptly indemnify and hold the City harmless and make it whole. The Developer hereby authorizes the City to commence an Interpleader action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts, and deposit the funds in compliance with the Rule, and upon such deposit, the Developer shall release, discharge, and dismiss the City from any further proceedings as it pertains to the Security or Additional Security deposited with the District Court, except that the Court shall retain jurisdiction to determine Version 10/11/2021 Page 13 21. FEES. The following fees are required by law to be included in this Agreement and shall apply as a condition of plat approval. They must be paid in full before a building permit shall issue for each Lot or Outlot. These fees may be assigned, in whole or part, by Developer to each Lot or Outlot on the Final Plat for payment by the buyer. (These fee calculations are contained in Exhibit ED). A. Sewer Availability Charge (City) B. Sewer Availability Charge (Metropolitan Council) C. Water Availability Charge (Metropolitan Council) D. Stormwater Area Charge (City) E. Park Dedication Fees (City) 22. FIXTURE INSTALLATION, ACCEPTANCE AND WARRANTY A. The Developer shall be responsible for the cost and installation of public improvement such as street lighting, street signs and traffic signs consistent with the Development Plans and specifications approved by the City. Before the City signs the Final Plat, the Developer shall , take responsibility for procurement and installation of same. The cost of street lighting, street signs, and traffic sign installation is set forth in the attached table, Exhibit D. B. Within 60 days after Developer delivers a c a set of electronic formatted, installed public improvements and a letter requesting acceptance by the City of such improvements, City shall review said improvements and consent to and accept the public improvements or provide Developer with a written notice of work that is unacceptable and what is required to make the work acceptable to the City. Upon completion of corrections to the unacceptable work, the developer shall, again, notify the City in writing and request acceptance of Version 10/11/2021 Page 14 the work. The timeline above, then resets. If the City fails to provide a written notice of unacceptable work within 30 days, then the City shall be deemed to have accepted the public C. The Developer warrants all Improvements required to be constructed by it pursuant to this Agreement against poor material and faulty workmanship. The warranty period for underground utilities is two years from the date of acceptance by the City. If all Improvements are installed by one contractor, the warranty period shall commence after the final wear course has been completed and the City has accepted the streets unless installation of the wear course has been delayed by the City, in which case the two-year period shall commence on the later of November 1, 2022, or the requested extension date requested by Developer pursuant to Section 9 herein. If streets and underground utilities are installed by separate contractors, the two (2) year warranty period on underground utilities shall commence following their completion and acceptance by the City. The Developer or his contractor shall post security in the amount of thirty- five percent (35%) of final construction costs to secure the warranties. The Developer or his contractor may use the existing Letter of CreditSecurity on file with the City, or a maintenance bond to satisfy this condition. The City standard specifications for utilities and street construction identify the procedures for final acceptance of streets and utilities. D. The Developer shall submit the Final Plat, construction plans plans in electronic format. The electronic format shall be either AutoCAD, .DWG file or a .DXF file using Anoka County coordinates. The Developer shall also submit two (2) complete sets of the final plat and construction plans on paper (22 x 34 or 24 x 36). The Developer is responsible for supplying the county with appropriately formatted plat documents per their requirements. Version 10/11/2021 Page 15 23. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an emergency as reasonably determined by the City, is first given notice of the work in default, and given 14 days to cure. This Agreement is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the Land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 24. INSURANCE. Developer shall take out and maintain or cause to be taken out and maintained until six (6) months after the City has accepted the Public Improvements, public liability and property damage insurance covering personal injury, including death, and claims for one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than $500,000 for one person and $1,000,000 for each occurrence; limits for property damage shall be not less than $200,000.00 for each occurrence; or a combination single limit policy of $1,000,000 or more. The City shall be named as an additional insured on the policy, and the Developer shall file with the City a certificate evidencing coverage prior to the City approving this Development Agreement. The certificate shall provide that the City must be given ten (10) days advance written notice of the cancellation of the insurance. The certificate of insurance shall substantially comply with the form attached hereto as Exhibit C. 25. BLOCK 1 SPECIAL ISSUES. A. STREET A. th The City approved the Preliminary Plat with a dedicated street between 20 Avenue North Version 10/11/2021 Page 16 st and 21 Avenue North. At the time of Plat approved, the City approved development st plansDevelopment Plans for construction of this street from 21 Avenue North and ending in a cul-de-sac on Block 1, Lot 2. The parties hereto acknowledge that at the time of future sale and development of Outlots A or B, a determination shall be made regarding the necessity of extending th Michaud Way westerly as a thru street to 20 Avenue North, if such extension is supported by a traffic study. If a traffic study supports the need for the extension of Michaud Way, the extension, and all associated modifications to the county road shall be required at no cost to the City. B. TORRENS PROPERTY. The City approved the Preliminary Plat subject to a condition that the Final Plat would only contain land where Title was registered as Torrens property. At the time of Preliminary and Final Plat approval, Block 1, Lot 1, was registered as a Torrens parcel and Block 1, Lot 1A, was registered as an Abstract a parcel. In order to obtain approval of a Final Plat for these lands, the Developer was required to register Title to all lands on the Final Plat as Torrens property, and agreed that no development can occur on Block 1, Lot 1A, unless it is registered as Torrens. 26. MISCELLANEOUS. A. of this Agreement between the Parties and any subsequent amendments or codicils to same. B. Third parties shall have no recourse against the City under this Agreement. C. Upon a breach of this Agreement, and the breach has not been remedied within the applicable notice period, breach of the terms of this Agreement shall be grounds for denial of building permits, future phases of development, certification of occupancy, future planning or zoning applications, plats, or development contracts by or with Developer, assignees, owners of parcels within the Plat, or any party subject to this Agreement. Version 10/11/2021 Page 17 D. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Agreement. E. If building permits are issued prior to the completion and acceptance of Public Improvements, the Developer assumes all liability and costs resulting in delays in completion of Public Improvements and damage to Public Improvements caused by the Developer, its contractors, subcontractors, materialmen, employees, agents, or third parties. No sewer and water connection permits may be issued and no one may occupy a unit or building for which a building permit is issued on a temporary or permanent basis until the streets needed for access are in a plowable and maintainable state and the utilities are accepted by the City. The building official, in consultation with public safety officials and the city engineer will make this determination. F. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed promptly take legal action to enforce this Agreement shall not be a waiver or release. G. This Agreement shall run with the land and may be recorded against the title to the Land as shown on the Final Plat. The Developer covenants with the City, its successors, and assigns, that the Developer is well seized in fee title of the subject property and/or has obtained consents to this Agreement, in the form attached hereto, from all parties who have an interest in the Land; that there are no unrecorded interests in the Land being developed except for those known purchase agreements for Lot 1, Block 1 and Lot 2, Block 2; and that the Developer will indemnify and hold the City harmless for any breach of the foregoing covenants. Version 10/11/2021 Page 18 H. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. I. The Developer may not assign this Agreement without the written permission of even if the Developer sells one or more lots, the entire Plat, or any part of it. J. The Developer shall hold the City and its officers, employees, and agents harmless from claims or audits made by it and third parties for damages sustained or costs incurred resulting from Plat development. The Developer shall indemnify the City and its officers, employees, and agents for all costs, damages, or expenses that the City may pay or incur in consequence of such claims or audits K. This Agreement shall terminate and be of no further force or effect on the date that all obligations of Developer (including warranty obligations) have expired, or upon such earlier date as agreed to by City and Developer. 27. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees, or agents, or mailed to the Developer by certified mail at the following address: R&R LEASING, INC. Attention Gordy Rehbein, Matt Rehbein, and Gerald Rehbein P.O. Box 368, Lino Lakes, MN 55038 Matt@rehbeinag.com grehbein@gmail.com Version 10/11/2021 Page 19 With a copy to: Larry Neilson Rooney & Neilson, LTD. 1257 Gun Club Road White Bear Lake, MN 55110 larry@rooneyneilson.com Notices to the City shall be in writing and shall be either hand delivered to the City Administrator, or mailed to the City by certified mail in care of the City Administrator at the following address: City of Centerville City Administrator 1880 Main Street Centerville, MN 55038 With a copy to: Berglund, Baumgartner, Kimball & Glaser, LLC Attention: Kurt B. Glaser 333 Washington Avenue North, Suite 405 Minneapolis, Minnesota 55104 KGlaser@BBKGLaw.com \[REMAINDER OF PAGE LEFT BLANK\] Version 10/11/2021 Page 20 SIGNATURE PAGE TO SUBDIVISION AGREEMENT R&R Leasing, Inc. CITY OF CENTERVILLE BY: ____________________________________ (SEAL) D. Love, Mayor AND ___________________________________ Mark Statz, City Administrator STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this _____ day of ___________, 2021, by D. Love, Mayor, and by Mark Statz, City Administrator, of the City of Centerville, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC Version 10/11/2021 Page 21 SIGNATURE PAGE TO SUBDIVISION AGREEMENT R&R Leasing, Inc. DEVELOPER: BY:_____________________________________ ITS:_____________________________________ STATE OF MINNESOTA ) ) ss. COUNTY OF __________ ) The foregoing instrument was acknowledged before me this ______ day of __________, 2021, by _______________________________, its ___________________________. NOTARY PUBLIC Version 10/11/2021 Page 22 FEE OWNER CONSENT TO SUBDIVISION AGREEMENT R&R Leasing, Inc. R&R Leasing, Inc., the fee owner of all or part of the subject property, the development of which is governed by the foregoing Development/Subdivision Agreement, affirm and consent to the provisions thereof and agree to be bound by the provisions as the same may apply to that portion of the subject property owned by them. DEVELOPER: BY:_____________________________________ ITS:_____________________________________ STATE OF MINNESOTA ) ) ss. COUNTY OF __________ ) The foregoing instrument was acknowledged before me this ______ day of __________, 2021, by _______________________________, its ___________________________. NOTARY PUBLIC Version 10/11/2021 Page 23 MORTGAGEE CONSENT TO SUBDIVISION AGREEMENT R&R Leasing, Inc. \[NAME OF BANK HERE\], a ___________________________________, which holds mortgage(s) on the subject property, the development of which is governed by the foregoing Development/Subdivision Agreement, agrees that the Agreement shall remain in full force and effect even if it forecloses on its mortgage(s). Dated this _____ day of ____________, 2021. MORTGAGEE \[NAME OF BANK HERE\] By:__________________________________ Its: _________________________ STATE OF MINNESOTA ) ) ss. COUNTY OF __________ ) The foregoing instrument was acknowledged before me this _____ day of ___________, 2021, by _______________________________________, the __________________________ of \[NAME OF BANK HERE\], on behalf of _______________________________. NOTARY PUBLIC Version 10/11/2021 Page 24 R&R Leasing, Inc. Legal Description of Property Being Developed, situated in Anoka County, Minnesota: Preliminary Plat for Rehbein Commercial, adopted April 28, 2021. Plat for Rehbein Commercial, adopted July 14, 2021. Easement for CUL-DE-SAC, described as: An easement lying over, under, and across that part of Lot 1, Block 1, REHBEIN COMMERCIAL, according to the recorded plat thereof, Anoka County, Minnesota, which lies within the circumference of a circle having a radius of 60.00 feet. The center of said circle is described as follows: Commencing at the Northwest corner of said Lot 1; thence North 89 degrees 48 minutes 30 seconds East, assuming bearing, along the North line of said Lot 1, a distance of 110.33 feet; thence North 00 degrees 11 minutes 30 seconds West, 3.01 feet to the center of said circle and there terminating. \[REMAINDER OF PAGE LEFT BLANK\] Version 10/11/2021 Page 25 BB1 R&R Leasing, Inc. IRREVOCABLE LETTER OF CREDIT ORSECURITY BOND No. ___________________ Date:_________________ TO: City of Centerville 1880 Main Street Centerville, MN 55038 Dear Sir or Madam: We hereby issue, for the account of R&R Leasing, Inc., a Minnesota Limited Liability Company, and in your favor, our bond in the amount of $810,039.62 (= $540,026.41 x 150%). \[INSERT DOCUMENT HERE\] Version 10/11/2021 Page 26 2 R&R Leasing, Inc. SECURITY - IRREVOCABLE LETTER OF CREDIT \[INSERT DOCUMENT HERE\] Version 10/11/2021 Page 27 CSUBDIVISION AGREEMENT CERTIFICATE OF INSURANCE PROJECT: CERTIFICATE HOLDER: City of Centerville 1880 Main Street Centerville, MN 55038 INSURED: ADDITIONAL INSURED: City of Centerville AGENT: Policy No. __________________ Effective Date: ______________ Expiration Date: _____________ Insurance Company: COVERAGE - GENERAL LIABILITY: Policy No. __________________ Effective Date: ______________ Expiration Date: _____________ Insurance Company: ( ) Claims Made ( ) Occurrence LIMITS: \[Minimum\] Bodily Injury and Death: $500,000 for one person $1,000,000 for each occurrence Property Damage: $200,000 for each occurrence -OR- Combination Single Limit Policy $1,000,000 or more COVERAGE PROVIDED: Operations of Contractor: YES Operations of Sub-Contractor (Contingent): YES Does Personal Injury Include Claims Related to Employment? YES Completed Operations/Products: YES Contractual Liability (Broad Form): YES Governmental Immunity is Waived: YES Property Damage Liability Includes: Version 10/11/2021 Page 28 Damage Due to Blasting YES Damage Due to Collapse YES Damage Due to Underground Facilities YES Broad Form Property Damage YES AUTOMOBILE LIABILITY: Policy No. __________________ Effective Date: ______________ Expiration Date: _____________ Insurance Company: (X) Any Auto LIMITS: \[Minimum\] Bodily Injury: $500,000 each person $1,000,000 each occurrence Property Damage: $500,000 each occurrence -OR- Combined Single Limit Policy: $1,000,000 each occurrence ARE ANY DEDUCTIBLES APPLICABLE TO BODILY INJURY OR PROPERTY DAMAGE ON ANY OF THE ABOVE COVERAGES: If so, list: Amount: $________________ \[Not to exceed $1,000\] SHOULD ANY OF THE ABOVE-DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL TEN (10) DAYS WRITTEN NOTICE TO THE PARTIES TO WHOM THIS CERTIFICATE IS ISSUED. Dated at _____________________________ On __________________________________ BY: _________________________________ Authorized Insurance Representative Version 10/11/2021 Page 29 D Escrow for Public Improvements R&R Leasing, Inc. Security - Exhibit D tǒĬƌźĭ LƒƦƩƚǝĻƒĻƓƷ /ƚƭƷƭ ğƓķ {ĻĭǒƩźƷǤ Sanitary Sewer 67,195.50 Watermain 76,892.50 Storm Sewer 101,645.31 Streets 255,193.10 Pond Grading/Erosion 39,100.00 Total Public Infrastructure Cost540,026.41 Per law, 150% of Infrastructure Costs810,039.62 Security owed to City (Bond)$810,039.62 Additional Security (Letter of Credit)$50,000 Version 10/11/2021 Page 30 E TO SUBDIVISION AGREEMENT Subdivision Fees R&R Leasing, Inc. Subdivision Fees - Exhibit E {ǒĬķźǝźƭźƚƓ ğƓķ 5ĻǝĻƌƚƦƒĻƓƷ CĻĻƭ Per Development Agreement, fees are owed by Developer but may be transferred to parcel owner. Fees will be calculated at the time of building permit at the rate set by the City's Fee Schedule applicable at that time. The fees below are the applicable fees as of 8/25/2021. The actual rates and fees calculated at the time of the building permit may be higher than these amounts. REU = Residential Equivalency Unit as calculated at time of building permit ƷźƌźƷǤ CĻĻƭ SAC (MCES)$2,485 per REU SAC (City)$2,300 per REU WAC $1,850 per REU $1,850 per REU Storm Water Area Charge $0.07 per Square Foot of Impervious Surface tğƩƉ 5ĻķźĭğƷźƚƓ CĻĻƭ ƦǒƩƭǒğƓƷ Ʒƚ /źƷǤ /ƚķĻ ЊЎЌ͵ЊЎΛ.Μ ğƓķ /źƷǤ CĻĻ {ĭŷĻķǒƌĻ ΛƦĻƩ ƦğƩĭĻƌ ĬğƭźƭΜ Park Dedication Fee (for residenial use) 10% of fair market value or $3,000 per residential unit Park Dedication Fee (for non residential use)10% of fair market value or $2,175 per acre Version 10/11/2021 Page 31 CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: October 13, 2021 Finance/Administration IX.1 TITLE OF ISSUE: Matching of Union Contract Benefits - (PTO Carry Over) BACKGROUND AND SUPPLEMENTAL INFORMATION: In previous years, non-union employees have received the same leave benefits (vacation accrual schedule and Personal Time Off carry over limit) as union employees. With the IUOE Local 49 union contract for 2021-2023, the city council increased union member PTO carry over from 232 hours to 256 hours. Staff is asking City Council to amend this item in the Personnel Policy under Section 8. Personal Time Off (PTO) - Leave With Pay, 8.3 Requirements. Staff suggests the following language: "All non-collective bargaining full-time employees will follow the Public Works bargaining units contract regarding maximum accrued PTO that may be carried over to the next year." A fully updated Personnel Policy will be presented at a future work session. However, with the end of year approaching, this change would be made effective immediately so that staff can plan their end of year PTO usage. COST AND SOURCE(S) OF FUNDING: No direct costs. REQUESTED COUNCIL ACTION: Motion to Amend the Personnel Policy as presented. For ClerkÓs Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ Vote Record: Aye Nay _____ _____ Personnel Policy Section 8.3. Other (specify) ____________ _____ _____ _____ _____ _______________________________________________________________ _____ _____Ki _____ ____________________________________________________________________ Administration Department Use: Refer to: _________________________________ Consent Tabled Until: ______________________________ Regular Other: ___________________________________ 8.3 Requirements Usage: Personal Time Off (PTO) Leave may be used as earned, subject to approval by the Department Supervisor or City Administrator. PTO may be taken in increments of one hour or more. All non-collective bargaining full-time employees will follow the Public Works bargaining unit contract regarding how much Up to a maximum of 232 hours of accrued PTO may be carried over to the next year. CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: October 13, 2021 Administration IX. TITLE OF ISSUE: Junior Councilmember Program BACKGROUND AND SUPPLEMENTAL INFORMATION: At several work sessions, the council has discussed adding Junior Councilmember Program and has reviewed the parameters of similar programs locally, and across the country. Attached is a draft Resolution establishing a program. Staff is open to modifications to the proposed program specifics. If the Council moves forward with the program, staff will work with the school district to find candidates for the Council to interview, in the next month or so. COST AND SOURCE(S) OF FUNDING: No cost REQUESTED COUNCIL ACTION: Motion to adopt Resolution 21-0XX Establishing a Junior Councilmember Program. For ClerkÓs Use: 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: ___________________________________ STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE RESOLUTION #21-0___ A RESOLUTION ESTABLISHING THE JUNIOR COUNCIL MEMBER PROGRAM WHEREAS, the City of Centerville has had a long standing relationship with the Centennial School District and desires to continue to strengthen that relationship; and WHEREAS, students from the Centennial School District annually attend Council meetings as part of their coursework; and WHEREAS, the CityÓs Parks & Recreation Committee hosts opportunities and has in the past had Junior Committee Members on the board; and WHEREAS, Council feels the life experiences of a school-aged persons offer diversity in their perspectives; and NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Centerville, hereby creates a Junior Council Member Program. The program would allow a high school student to participate as a non-voting member of the City Council with the following parameters: 1. Candidates will be chosen from the Centennial School District enrollment (age 16-18 (Junior or Senior)) (preference given to students living in the City of Centerville). 2. Duties will include: serving a one (1)-year term during the school year; be seated with the Council and actively participate. 3. Observe all Council regulations and attend all regular Council & Work Session meetings. 4. Only one (1) Junior Council Member will be chosen to serve at any given time following an application and selection process. 5. Junior Council Members are non-voting members of the Council. PASSED AND ADOPTED by the City of Centerville this 13th day of October, 2021. Mayor, D. Love Attest: City Clerk, Teresa Bender CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: October 13, 2021 Administration IX.3 TITLE OF ISSUE: Assistant City Administrator Position BACKGROUND AND SUPPLEMENTAL INFORMATION: At several work sessions, the council has discussed adding a new staff position: Assistant City Administrator. At the last work session, council gave feedback on the proposed job description and pay range. Based on that feedback, staff has adjusted the pay grade to allow more flexibility for entry level applicants, while keeping the high end of this position's starting pay at $75,000. At some point in the future, the position may evolve into a "Senior Assistant City Administrator", similar to the Account Clerk position's progression. Additionally, the job description was amended based on feedback. The revised job description and proposed pay scale are attached for review. COST AND SOURCE(S) OF FUNDING: Up to $75k + fringe benefits; net cost of up to $20k; more detail was provided during the budget process. REQUESTED COUNCIL ACTION: Motion to authorize the City Administrator to post a job opening and conduct interviews for the position of Assistant City Administrator with job description and pay range as attached. If a preferred candidate is identified, the Administrator will then bring forward a recommendation for hire. For ClerkÓs Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ Vote Record: Aye Nay _____ _____ Job Description and Proposed Pay Range Other (specify) ____________ _____ _____ _____ _____ _______________________________________________________________ _____ _____Ki _____ ____________________________________________________________________ Administration Department Use: Refer to: _________________________________ Consent Tabled Until: ______________________________ Regular Other: ___________________________________ CITY OF CENTERVILLE P OSITION D ESCRIPTION Position Title: A SSISTANT C ITY A DMINISTRATOR Department: Administration Accountable To: City Administrator Status: Non-Exempt Date: October 2021 PRIMARY OBJECTIVE OF POSITION: Performs responsible work: Assists the City Administrator in performing their duties and will assume a leading role on various initiatives or with various committees as assigned by the Administrator. From time to time, this position is expected to do work of a confidential nature and to perform job duties in a responsible and professional manner; to employ initiative, diplomacy, judgment, and to exhibit a thorough knowledge of general City policies, practices and ordinances. SUPERVISION RECEIVED: Works under the direct supervision of the City Administrator. SUPERVISION EXERCISED: Part time clerical or interns as assigned. ESSENTIAL DUTIES AND RESPONSIBILITIES: Administrative Responsibilities Assume the lead role for various Committees as assigned, including primary responsibility for the creation of agendas and meeting packets. Attend the meetings of those committees as the staff liaison, produce minutes of the meetings and follow up on action items. In the absence of the City Administrator, assume day to day duties of the City Administrator. Research Council or Committee initiatives and prepare memoranda outlining background information, research, conclusions, costs, and proposed next steps. Assist the City Administrator in the compilation and production of the City Council, Planning and Zoning Commission, Economic Development Authority, Parks and Recreation Committee and other meeting packets as assigned. Responsible for the coordination and follow-through on projects as assigned by the City Administrator. The projects could include contact with residents, City Council, Appointed Committees, consultants, City Staff and the staff of other governmental agencies. Coordinate and prepare content for newsletters, website, social media, AdministratorÓs Reports and other external communications. Assist the City Administrator with community development and zoning administration, such as ordinance revisions, comprehensive land use plan amendments, subdivisions and other planning or zoning issues. Assist other administrative staff with duties normally assigned to them in an effort to balance workloads. These duties may include tasks in: Human Resources, Accounting, Communications, IT, filing, and others. Share receptionist and other office management duties with all office staff. Receive complaints and inquiries from residents in person and over the telephone, responding courteously and ensuring prompt, appropriate action is taken. Assist in preparation of Business Continuity Plans and/or Succession Planning. Administer Administrative Intern Program. Other duties as assigned. In the absence of the City Administrator, assume day to day duties of the City Administrator. External Relationships with the Public Establishes an effective working relationship with clear respectful communications with citizens, businesses, commissions, consultants and representatives from other political subdivisions. Represents the City to external groups in ways which enhance the image of Centerville and serve the best interest of the City. Assures open communication, encouraging residents and businesses to be heard by the Council. Prepares the release of information for the public as directed by the City Administrator. Relationship with Council and Committees Will be required to attend after-hour meetings of City Council, Committees, etc., as assigned or needed. Coordinate City Council meeting activities under the direction of the City Administrator by preparing meeting agendas, compiling and delivering meeting packets and providing a written record of meeting minutes. Develop relationship with Committee Chairs in an effort to be a primary point of contact for their respective committees. Organizational Responsibility This position is expected to treat co-workers, residents, City officials, business owners and the general public in a friendly, respectful and professional manner. PERIPHERAL DUTIES: Attends professional development workshops and conferences to keep current of updated information on trends, technology, legislation and other developments associated with City Administration. MINIMUM QUALIFICATIONS: Education and Experience BachelorÓs Degree in Public Administration or complimentary/related field; alternatively, 10+ years of experience in local government. DESIRED QUALIFICATIONS: Education and Experience Work or internship experience in city government or related field Work as a consultant, serving city government Supervisory experience MasterÓs Degree in Public Administration or complimentary/related field NECESSARY KNOWLEDGE, SKILLS AND ABILITIES: Ability to establish and maintain effective, respectful and professional working relationships with supervisors, elected officials, co-workers, subordinates, candidates and the general public, some of whom may be hostile. Ability to plan and organize work. Ability to work independently, self-motivate and demonstrate intiative Skills and Knowledge of basic computer usage, including the use of word processing, spreadsheet, database and other such software. Skills in verbal and written communication. Ability to arrive to work on time. OTHER BENEFICIAL KNOWLEDGE, SKILLS AND ABILITIES: Human Resources topics including: onboarding, employment law, benefit administration, diversity and inclusion programs, etc. Communications topics, including: Social Media, website administration, mobile apps and other modern communication tools Public Engagement or Public Relations Graphic Arts Accounting practices, software and principals Financial analysis Civil Engineering, City Planning or Public Works Emergency Management Elections Code Enforcement Strategic Planning SPECIAL REQUIREMENTS: None TOOLS AND EQUIPMENT: Requires frequent use of a work-issued, personal computer (including word processing and spreadsheet software) and network computer system. Use of telephone; copy machine and other standard office equipment. PHYSICAL DEMANDS: The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform essential functions. While performing the duties of this job, the employee is regularly required to sit and talk or hear, use hands to finger, handle, or feel objects, tools, or controls; and reach with hands and arms. The employee is occasionally required to stand and walk. The employee must occasionally lift and/or move up to 25 pounds. Specific vision abilities required by this job include close vision and the ability to adjust focus. PRESSURES AND STRESS: The work is usually demanding and sometimes requires the incumbent to work beyond regular work hours, meet deadlines, or reschedule work because of interruptions, meetings, or other delays. The assignments or work conditions can, on occasion, exert unusual stress or pressure. WORK ENVIRONMENT: The work environment characteristics described here are representative of those employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. The noise level in the work environment is that which is expected in an office setting and is usually quiet. SELECTION GUIDELINES: Formal application, rating of education and experience; oral interview and reference check; pre- employment physical and drug screen. The duties listed above are intended only as illustration of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is similar, related or a logical assignment to the position. This job description does not constitute an employment agreement between the employer and employee and is subject to change by the employer as the needs of the employer and the requirements of the job change. I have read and understand the contents and descriptions of this job description. Any questions that I have, I have had the opportunity to ask and have them answered. Signed: Date: $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ (1,892.80)$ $ $ (2,038.40)$ $ $ (2,184.00)$ $ $ (2,371.20)$ $ $ (2,579.20)$ $ $ (2,724.80)$ $ $ (2,912.00)$ $ $ (3,140.80)$ $ $ (3,369.60)$ $ $ (3,640.00)$ $ $ (3,910.40)$ $ $ (4,180.80)$ $ $ (4,492.80)$ $ $ (4,846.40)$ $ $ (5,179.20) $ 22.55$ 3,908.67$ 46,904.00$ 24.34$ 4,218.93$ 50,627.20$ 26.29$ 4,556.93$ 54,683.20$ 28.40$ 4,922.67$ 59,072.00$ 30.67$ 5,316.13$ 63,793.60$ 33.11$ 5,739.07$ 68,868.80$ 35.51$ 6,155.07$ 73,860.80$ 38.10$ 6,604.00$ 79,248.00$ 40.85$ 7,080.67$ 84,968.00$ 43.82$ 7,595.47$ 91,145.60$ 46.99$ 8,144.93$ 97,739.20$ 50.41$ 8,737.73$ 104,852.80$ 54.06$ 9,370.40$ 112,444.80$ 57.99$ 10,051.60$ 120,619.20$ 62.19$ 10,779.60$ 129,355.20 $ 21.64$ 3,750.93$ 45,011.20$ 23.36$ 4,049.07$ 48,588.80$ 25.24$ 4,374.93$ 52,499.20$ 27.26$ 4,725.07$ 56,700.80$ 29.43$ 5,101.20$ 61,214.40$ 31.80$ 5,512.00$ 66,144.00$ 34.11$ 5,912.40$ 70,948.80$ 36.59$ 6,342.27$ 76,107.20$ 39.23$ 6,799.87$ 81,598.40$ 42.07$ 7,292.13$ 87,505.60$ 45.11$ 7,819.07$ 93,828.80$ 48.40$ 8,389.33$ 100,672.00$ 51.90$ 8,996.00$ 107,952.00$ 55.66$ 9,647.73$ 115,772.80$ 59.70$ 10,348.00$ 124,176.00 $ 20.74$ 3,594.93$ 43,139.20$ 22.39$ 3,880.93$ 46,571.20$ 24.19$ 4,192.93$ 50,315.20 $ 26.13$ 4,529.20$ 54,350.40$ 28.20$ 4,888.00$ 58,656.00$ 30.48$ 5,283.20$ 63,398.40$ 32.68$ 5,664.53$ 67,974.40$ 34.84$ 6,038.93$ 72,467.20$ 37.60$ 6,517.33$ 78,208.00$ 40.32$ 6,988.80$ 83,865.60$ 43.23$ 7,493.20$ 89,918.40$ 46.36$ 8,035.73$ 96,428.80$ 49.73$ 8,619.87$ 103,438.40$ 53.33$ 9,243.87$ 110,926.40$ 57.22$ 9,918.13$ 119,017.60$ $ $ $ 19.84$ 3,438.93$ 41,267.20$ 21.41$ 3,711.07$ 44,532.80 $ 23.13$ 4,009.20$ 48,110.40$ 24.99$ 4,331.60$ 51,979.20$ 26.99$ 4,678.27$ 56,139.20$ 29.15$ 5,052.67$ 60,632.00$ 31.25$ 5,416.67$ 65,000.00$ 33.53$ 5,811.87$ 69,742.40$ 35.96$ 6,233.07$ 74,796.80$ 38.56$ 6,683.73$ 80,204.80$ 41.35$ 7,167.33$ 86,008.00$ 44.35$ 7,687.33$ 92,248.00$ 47.57$ 8,245.47$ 98,945.60$ 51.03$ 8,845.20$ 106,142.40$ 54.72$ 9,484.80$ 113,817.60$ 57.69$ 10,000.00$ 120,000.00 2021 Pay Scale City of Centerville $ 18.92$ 3,279.47$ 39,353.60$ 20.45$ 3,544.67$ 42,536.00$ 22.07$ 3,825.47$ 45,905.60$ 23.85$ 4,134.00$ 49,608.00$ 25.76$ 4,465.07$ 53,580.80$ 27.82$ 4,822.13$ 57,865.60$ 29.84$ 5,172.27$ 62,067.20$ 31.85$ 5,520.67$ 66,248.00$ 34.32$ 5,948.80$ 71,385.60$ 36.80$ 6,378.67$ 76,544.00$ 39.48$ 6,843.20$ 82,118.40$ 42.33$ 7,337.20$ 88,046.40$ 45.41$ 7,871.07$ 94,452.80$ 48.71$ 8,443.07$ 101,316.80$ 52.23$ 9,053.20$ 108,638.40$ 53.85$ 9,333.33$ 112,000.00 current as of 11-24-20 $ 18.04$ 3,126.93$ 37,523.20$ 19.47$ 3,374.80$ 40,497.60$ 21.03$ 3,645.20$ 43,742.40$ 22.71$ 3,936.40$ 47,236.80$ 24.52$ 4,250.13$ 51,001.60$ 26.50$ 4,593.33$ 55,120.00$ 28.42$ 4,926.13$ 59,113.60$ 30.47$ 5,281.47$ 63,377.60$ 32.68$ 5,664.53$ 67,974.40$ 35.05$ 6,075.33$ 72,904.00$ 37.61$ 6,519.07$ 78,228.80$ 40.33$ 6,990.53$ 83,886.40$ 43.24$ 7,494.93$ 89,939.20$ 46.38$ 8,039.20$ 96,470.40$ 49.74$ 8,621.60$ 103,459.20$ 50.48$ 8,750.00$ 105,000.00 20182019201920202021 48.08 8,333.33 100,000.00 $ 17.12$ 2,967.47$ 35,609.60$ 18.51$ 3,208.40$ 38,500.80$ 19.98$ 3,463.20$ 41,558.40$ 21.59$ 3,742.27$ 44,907.20$ 23.30$ 4,038.67$ 48,464.00$ 25.16$ 4,361.07$ 52,332.80$ 27.00$ 4,680.00$ 56,160.00$ 28.94$ 5,016.27$ 60,195.20$ 31.06$ 5,383.73$ 64,604.80$ 33.31$ 5,773.73$ 69,284.80$ 35.72$ 6,191.47$ 74,297.60$ 38.31$ 6,640.40$ 79,684.80$ 41.09$ 7,122.27$ 85,467.20$ 44.07$ 7,638.80$ 91,665.60$ 47.28$ 8,195.20$ 98,342.40$ 49.28$ 8,541.67$ 102,500.00 15.3316.5617.8819.3020.8522.5224.1525.8927.7929.8031.9534.2836.7339.4242.29 2,657.202,870.403,099.203,345.333,614.003,903.474,186.004,487.604,816.935,165.335,538.005,941.876,366.536,832.807,330.27 31,886.4034,444.8037,190.4040,144.0043,368.0046,841.6050,232.0053,851.2057,803.2061,984.0066,456.0071,302.4076,398.4081,993.6087,963.20 $ 16.23$ 2,813.20$ 33,758.40$ 17.54$ 3,040.27$ 36,483.20$ 18.92$ 3,279.47$ 39,353.60$ 20.45$ 3,544.67$ 42,536.00$ 22.07$ 3,825.47$ 45,905.60$ 23.84$ 4,132.27$ 49,587.20$ 25.57$ 4,432.13$ 53,185.60$ 27.42$ 4,752.80$ 57,033.60$ 29.42$ 5,099.47$ 61,193.60$ 31.55$ 5,468.67$ 65,624.00$ 33.85$ 5,867.33$ 70,408.00$ 36.29$ 6,290.27$ 75,483.20$ 38.92$ 6,746.13$ 80,953.60$ 41.75$ 7,236.67$ 86,840.00$ 44.77$ 7,760.13$ 93,121.60 r 123456789 101112131415 GradeStep 1Step 2Step 3Step 4Step 5Step 6Step 7Step 8Step 9 0.0300 City AdministratoJob20202021Seasonal Rink Attendant $10.25$10.55Seasonal Public Works Staff $13.00$13.40Seasonal Public Works (1 yr exp.) $14.00$14.40Seasonal Public Works (2 yr exp.) $15.00$15.40P&R Secretary$13.00$13.40Part Time Custodian $13.00$13.40 October 8, 2021 Mark Statz City of Centerville 1880 Main Street Centerville, MN 55038-9701 RE: Issuance of Coverage under the Small Municipal Separate Storm Sewer Systems General Permit MNR040000 for city of Centerville MS4 Dear Mark Statz: In accordance with Minn. R. 7001.0140, the Minnesota Pollution Control Agency (MPCA) is issuing coverage under the Small Municipal Separate Storm Sewer System (MS4) General Permit MNR040000 (MS4 General Permit) to the city of Centerville MS4, effective October 8, 2021. Enclosed is your official Notice of Coverage, which includes the above referenced MS4 General Permit requirements. Our final decision to issue permit coverage was based on the following: You submitted a complete application; and No applicable comments were received or all applicable comments received have been addressed. If you were covered under the August 1, 2013, MS4 General Permit, coverage under that permit is immediately terminated as of the date on this letter. You must: Comply with the requirements of the MS4 General Permit and your Stormwater Pollution Prevention Program (SWPPP) Document; Meet the new requirements in the MS4 General Permit within 12 months of the date of receiving permit coverage; Retain your SWPPP Document and all records pertinent to it for at least three (3) years beyond the term of the MS4 General Permit; Report on activities that were required or committed to under the previous permit. Your annual report, due June 30 of each year, must cover all activities and permit requirements of the previous calendar year regardless which permit those activities are conducted under; and Retain this letter as documentation of your coverage under the MS4 General Permit. The issuance of coverage does not preclude the MPCA from conducting inspections or audits. Mark Statz Page 2 October 8, 2021 If you have questions, please contact Carlee Kjeldahl at 651-757-2171 or carlee.kjeldahl@state.mn.us. Sincerely, Duane Duncanson ŷźƭ ķƚĭǒƒĻƓƷ ŷğƭ ĬĻĻƓ ĻƌĻĭƷƩƚƓźĭğƌƌǤ ƭźŭƓĻķ͵ Duane Duncanson Supervisor Municipal Stormwater Unit Municipal Division DD/CK:map cc: GEN20170001 @ 90797