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Home My WebLink About2022-08-10 CC Packet CITY OF CENTERVILLE CITY COUNCIL MEETING AGENDA Wednesday, August 10, 2022 6:30 p.m. Meeting Live Streamed at: https://northmetrotv.com/centerville-stream/ COUNCIL MEETING (6:30 PM) I. CALL TO ORDER 1. Roll Call II. PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA IV. APPOINTMENTS/PRESENTATIONS 1. None V. PUBLIC HEARING 1. None VI. APPROVAL OF MINUTES 1. May 25, 2022 Work Session & City Council Meeting Minutes 2. June 8, 2022 City Council Meeting Minutes VII. CONSENT AGENDA 1. City of Centerville Claims through August 10, 2022 (Check #35278-35310) & (1924E-1929E) 2. Centennial Lake Police Department Claims through August 4, 2022 (Check #14415- 14430), (E2022057-2022060) 3. Centennial Fire District Claims through August 10, 2022 (Check #9355-9364) & (E2022010) 4. Amendment to Permit for Use of Trailside Park - Bald Eagle Waterski Show 5. Parks, Trails and Recreation Donation and Memorial Policy 6. Preferred Vendor Designation Î Emerald Ash Borer VIII. OLD BUSINESS 1. Alternative Trail Design Î Old Mill Estates 2. Purchase Agreement Cancellation - Centra Homes Î Sorel Quarter 3. Website Redesign and Mobile App 4. Request for Encroachment Agreement, 7227 Clear Ridge Î Raised Garden (Front Yard) IX. NEW BUSINESS 1. Request from Metro Cities to Sign Letter re: Local Government Aid 2. City Hall Campus Landscaping Improvements X. COUNCIL/ADMINISTRATOR ANNOUNCEMENTS 1.Administrator/Engineer Report 2.Council Reports a.Lakso Parks & Recreation Anoka County Fire Protection Council b. Koski Planning & Zoning Commission Fire Steering Committee c. King Economic Development Authority Fire Steering Committee d. Mosher Economic Development Authority Police Governing Board e. Love North Metro Telecommunications Commission Police Governing Board Other Mayoral Reports XI. ADJOURNMENT INFORMATIONAL MATERIAL MPCA NPDES MS4 Audit - Violation Closure Letter REMINDERS All meetings begin at 6:30 PM unless otherwise noted and Via Zoom Planning and Zoning Commission Î Tuesday, August 16, 2022 EDA Î Wednesday, August 17, 2022 City Council Î Wednesday, August 24, 2022 (5:00 Workshop/6:30 Mtg) Parks and Recreation Committee Î Wednesday, September 7, 2022 CITY OF CENTERVILLE CITY COUNCIL MEETING May 25, 2022 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled City Council meeting on May 25, 2022 in Council Chambers of City Hall and the meeting was also live streamed by North Metro TV. COUNCIL MEETING I. CALL TO ORDER Mayor D. Love called the meeting to order at 6:30 p.m. ROLL CALL Not Approved PRESENT: Mayor D. Love Council Member Russ Koski Council Member Darrin Mosher Junior Council Member Danny Peterson (Non-Voting) Council Member Steve King arrived at 6:32 ABSENT: Council Member Michelle Lakso STAFF: City Administrator Mark Statz City Attorney Kurt Glaser City Planner Phil Carlson Recognize a moment of silence II. PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA Mayor Love provided an opportunity for others to add or delete any items. Administrator Statz stated that we do not have any changes to the agenda but noted that several revisions had been completed and contained in CouncilÓs packet since the first version. Motion by Council Member Koski, seconded by Council Member Mosher to Approve the Agenda as presented. All in favor. Motion carried. IV. APPOINTMENTS/PRESENTATIONS 1. Mr. Matt Montain, Centennial Fire District (AED Grant) Î Battalion Chief Battalion Chief Montain stated that the Centennial Fire District received a Fire House Public Safety Foundation in the amount of $25,000 for the purchase of equipment for both Centerville City of Centerville Council Meeting Minutes May 25, 2022 and Circle Pines. He stated that this would give the Centennial Lakes Police and Fire Departments brand new AED. He stated that the Department would be receiving new, Zol AED PlusÓ that would be installed on all apparatus. He also stated that the adaptors for the units will have the ability to plug into the monitors that Allina and MN Health Ambulance Services that cover our district. Battalion Chief Montain stated that both cities, Centerville and Circle Pines will be receiving one (1) unit along with training. He reminded the audience that they offer CPR and AED training to the individuals and businesses. He reported that with the grant and equipment the communities will be ÐHeart SafeÑ communities. V. PUBLIC HEARINGS 1. None. VI. APPROVAL OF THE MINUTES 1. April 27, 2022 City Council Work Session & Meeting Minutes Council Member Koski requested that his name be added as he was present at the meeting. Motion by Council Member Mosher, seconded by Council Member King to Approve the April 27, 2022 City Council Meeting Minutes as Amended. All in favor. Motion carried. VII. CONSENT AGENDA 1. City of Centerville Claims through May 25, 2022 (Check #35099-35117), (1887E-1888E) & Voided Check #33309 2. Centennial Lakes Police Department Claims through May 19, 2022 (Check #14319-14332), (Payroll Checks #14326-14327) & E202203-2022038) 3. Centennial Fire District Claims through May 10, 2022 (Check #9302-9321) & (E2022006) 4. Encroachment Agreement Î 7037 Eagle Trail Î Driveway Pad in Encroachment 5. Church of St. Genevieve Requests a. Special Event Permit/Private Property Î (Annual Festival) b. Temporary on Sale Liquor License c. Charitable Gambling License Î (Raffle) 6. Granting of Pedestrian Trail Easement along Main Street Mayor Love provided an opportunity for others to add or delete any items. Motion by Council Member Mosher, seconded by Council Member Koski to Approve Consent Agenda Items as Presented. All in favor. Motion carried. VIII.OLD BUSINESS 1. City Hall Campus and Thin Overlay Program Engineering Proposals Page 2 of 7 City of Centerville Council Meeting Minutes May 25, 2022 Administrator Statz reviewed the Request for Council Action that was contain in their packets. He stated that at the last council meeting, staff was asked to bring back additional information for the improvements this summer. He stated that a large amount of the cost was associated with engineering fees associated with the possibility that the southwest corner of the parking lot/pond improvements would require wetland delineation. He felt that if was easier to include at this time rather than leaving out with the possibility of it needing to be added later. Mayor Love asked if it would be Rice Creek making the determination. Administrator Statz concurred. Council Member King had questions regarding the landscaping portion that had been discussed previously and Administrator Statz stated that the scope for landscaping was a little different, is not a design and is more of a concept sketch scope. He explained that Council consensus was to move forward with the parking lot and lighting; however, the landscaping scope needed additional discussion as there were differing opinions which in turn would affect the costs estimates. Discussion ensued regarding the estimates, the funding, waiting a period of time before completing the project, the potential for cost increases, etc. Motion by Council Member Koski, to approve the presented proposals for design work associated with City Hall Campus Improvements and the Thin Overlay program. Council Member Mosher asked if they were going to put the modifications in the motion or do we not need to at this point. Council Member Koski made a friendly amended to his original motion. Motion by Council Member Koski, seconded by Council Member King to approve the presented proposal for design work associated with City Hall Campus Improvements and the Thin Overlay Program with the removal of 8.5 hours from Layout A (Design Development (Schematic) Landscape Development as Administrator Statz could complete. Council Member King asked if Council could split the motions per project/scope and Mayor Love concurred. Motion by Council Member Koski, seconded by Council Member King to rescind the motion. Administrator Statz suggested a motion to approve the $37,700 street capital fund and $6,100 from the general fund for parking lot, think overlay and lighting proposals respectively. Motion by Council Member Koski, seconded by Council Member King to approve the attached proposals for design work associated with City Hall Campus Improvements and the Thin Overlay program to excluding $5,000 for landscape development. All in favor. Motion carries. Mayor Love asked Council is anyone desired to motion the landscaping proposalasked council if anyone would like to motion for the landscaping proposal. Page 3 of 7 City of Centerville Council Meeting Minutes May 25, 2022 Motion by Council Member Koski, seconded by Council Member King to Approve the Landscape Proposal Removing 8.5 Hours from Layout A (Design Development (Schematic) as Administrator Statz could complete. Lengthy discussion ensued regarding the design, modifications, when the project would happen, amount of funding needed, the importance of a handrail along the sidewalk and due to Council Member LaksoÓs absence delaying additional discussion or action on the item. Motion by Council Member Koski, seconded by Council Member King to rescind the motion. Motion by Council Member Koski, seconded by Council Member King to table the Landscaping item. All in favor. Motion carries. IX. NEW BUSINESS 1. Res. #22-0XX Î Approving Land Use Applications & Documents for the Fairview Second Addition Plat (Project Banjo) Administrator Statz stated before you are a number of zoning applications and documents that are related to what has been called ÐProject BanjoÑ. Attorney Glaser stated that the Non-Disclosure Agreement (NDA) has been lifted and there are guests in the audience from Amazon with representatives appointed on their behalf from Ryan Companies. Administrator Statz stated that this is a distribution center that Amazon has proposed and the details are outlined in a staff memo submitted by City Planner, Phil Carlson. Administrator Statz stated that the presented memorandum includes the Planning & Zoning CommissionÓs recommendations. Administrator Statz reviewed Mr. CarlsonÓs memorandum with Council and the audience. He stated that Amazon was proposing a 140,000 square foot distribution center on property owned by Rehbein Properties in the Industrial Park. He stated that the proposed plat consisted of three thst parcels totaling 40 acres, between 20 and 21 Avenues, north of Fairview Street and south of Commerce Drive. This site was vacant and had be used for RehbeinÓs large-scale black dirt operations. The project was discussed by the Planning and Zoning Commission on April 5, and they voted to process the request as a Planned Unit Development (PUD), then was considered at a public hearing in May 3, where they recommending the approval with conditions. Several residents appeared at the public hearing and voiced their concerns. He stated that the Preliminary/Final Plat, Conditional Use Permit for the PUD, the DeveloperÓs Agreement, resolution and the ordinance all go together. Administrator Statz stated that the site plan is 140,000 square foot area where trucks come in, where goods come off the shelves and are loaded under a covered canopy. Up to 344 vans can line up to be loaded and then go. He also stated that there would be 600 spaces for parking on the site of 300 for van parking with employee parking on the east side of the site. Administrator Statz discussed traffic flow and times of day. Administrator Statz explained that the project will include park dedication fees per the CityÓs Ordinance and that the City is not requesting land for dedicated. He stated that a future trail is thst recommended along Fairview Street from 20 to 21 Avenues with costs being park dedication funds. Page 4 of 7 City of Centerville Council Meeting Minutes May 25, 2022 Administrator Statz reviewed the architecture and building height per code which allows building over 35 feet in height by the CUP and with increased setbacks met typically for industrial/warehouse. He stated that where the vans are loading there will be fencing and trees to screen the area to assist in noise reduction. He also reviewed lighting, signage and floodplain issues. Administrator Statz reviewed the traffic study during the morning and evening peak hours. He th stated that Amazon will realign Fairview Street at 20 Avenue. A lengthy discussion ensued as to noise, the traffic study, lighting, signage and additional escrows/securities and park dedication. Administrator Statz stated that language was contained in the resolution which allows the City Attorney to make minor modifications in conjunction with AmazonÓs attorney. Attorney Glaser reviewed what was discussed as to the noise study and the $80,000 sound masking escrow. An additional noise study is to be completed within one (1) year of operation with weather conditions (bare trees, seasons, etc.) Noise measurement to day and one (1) year after operation (cold stretch) with trucks idling measuring 55 dBA and 60 dBA daytime with the highest noise level being no more than 75 dBA at the closest residence. If the monitoring shows that the levels are at or below, no action will be required. He stated that there will be an $80,000 escrow to further mitigate noise from the facility should be the results of the analysis after one (1) year show that the hourly equivalent or highest noise exceeds these levels, mitigation measures to be reviewed and approved by the City Engineer. The sound level readings shall be determined by the American National Standards Institute. Motion by Council Member Mosher, seconded by Council Member King to Adopt Res. #22- 016 Î Approving Land Use Applications & Documents for the Fairview Second Addition - Project Amazon with modifications to the noise study as discussed. All in favor. Motion carried. X. COUNCIL/ADMINISTRATOR ANNOUNCEMENTS 1.Administrator/Engineer Report Administrator Statz noted that the AdministratorÓs Report was emailed under separate cover. He provided an update and he would be happy to take questions on report. Mayor Love asked when will solicitation for parade begin and will they be reaching out to prior participants. Administrator Statz stated the solicitation process has been completed. City Attorney Glaser - Attorney Glaser nothing. Junior Council Member Peterson Î Junior Council Member Peterson stated that thereÓs two (2) weeks left of school and then finals. 2. Council Reports a. Lakso Î Absent Page 5 of 7 City of Centerville Council Meeting Minutes May 25, 2022 Parks & Recreation Anoka County Fire Protection b. Koski Î Planning & Zoning Commission Î Council Member Koski stated that next Planning & Zoning Commission is scheduled for June 7, 2022. Fire Steering Committee Î Council Member Koski asked Administrator Statz if the Fire Steering meeting had been scheduled. c. King - Economic Development Authority Î Council Member King stated that they revamped the Loan and Grant Program to distribute funding at 50% of the project on day one (1) following the process of being granted funds with the remaining funds being distributed one (1) year following. This had to do with a business who received full funding and then within several months closed the business. Administrator Statz stated that that the EDA is continuing to work with the County for HRA funding, what it can be used on and etc. He stated that $400,000 is available. Mayor Love asked Administrator Statz when you would be meeting with Centra Homes regarding Block 7 and Administrator Statz stated that a meeting has been scheduled for June 8, 2022. Fire Steering Î Council Member King gave no report. d. Mosher Î Police Governing Board Î Council Member Mosher gave no report. Economic Development Authority Î Council Member Mosher stated that swag bags, solicitations for trinkets from businesses to hand out at Music in the Park and Main Street Market have been made. e. Love Î Mayor Love wished everyone a Happy Memorial Day and thanked those who served and their families for their sacrifice they have giving for our freedom. North Metro Telecommunications Commission Î Mayor Love gave no report. Police Governing Board Î Mayor Love gave no report. Page 6 of 7 City of Centerville Council Meeting Minutes May 25, 2022 XI. ADJOURNMENT Motion by Council Member King, seconded by Council Member Mosher to Adjourn the Regularly Scheduled Council Meeting at 9:54 p.m. Respectfully submitted by City Clerk, Teresa Bender. Page 7 of 7 CITY OF CENTERVILLE CITY COUNCIL MEETING June 8, 2022 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled City Council meeting on June 8, 2022 in Council Chambers of City Hall and the meeting was also live streamed by North Metro TV. COUNCIL MEETING I. CALL TO ORDER Mayor D. Love called the meeting to order at 6:30 p.m. ROLL CALL Not Approved PRESENT: Mayor D. Love Council Member Steve King (Arrived @ 6:31) Council Member Russ Koski Council Member Michelle Lakso Council Member Darrin Mosher Junior Council Member Danny Peterson (Non-Voting) ABSENT: None STAFF: City Administrator Mark Statz City Attorney Kurt Glaser Finance Director Bruce DeJong II. PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA Mayor Love provided an opportunity for others to add or delete any items. Administrator Statz stated that Check #35032 had been voided and replaced with Check #35161 and that it was an oversight that Consent Agenda Item #9 was missed at the time that the packet was assembled. He added Parks & Recreation Recommendation to Approve Anoka County Radio Club Use of LaMotte Park Î (Field Day Events). Motion by Council Member Lakso, seconded by Council Member Mosher to Approve the Agenda as presented. All in favor. Motion carried. IV. APPOINTMENTS/PRESENTATIONS 1. Chief James Mork Î Centennial Lakes Police Department Annual Report Chief Mork stated how proud he was with his personnel this past year with how they stepped up during the pandemic. He stated they Lieutenant Aldrich was promoted to Capital, streamline City of Centerville Council Meeting Minutes June 8, 2022 processes at the administrative department, promoted Officer Katie Mannen to Corporal. She is the first female in history and she is also up for the position of Detective. Mr. Dennis Spring retire on Friday. He stated that Officers Johnson and Shroeder received a Life Saving Award. Officer Konda was sworn in. Officer Jon Kruger was promoted to Corporal. He has been a great asset to the department. He has been on the department for over 25 years. He stated that one of thing they donÓt want to overlook is the prescription drug drop-off program. This program is very well utilized. He reviewed some of the community events that the department is involved with (Fete des Lacs, Fall Festivals for example. He reviewed stats numbers with crime. In Centerville from previous year to 2021 there was an increase of 193 calls. In Lexington went up 987 and Circle Pines went from 4906 and decrease to 4372 last year. A decrease of 500 overall calls. Over all calls for the area was approximately for last year was nearly 15,000 calls per service and that was increase of over 1100 from the previous year. He stated the overall citation for last was 1305 and written and verbal warning were almost 4500. He stated that one of the biggest issues in the neighborhood is the speed of vehicles. Mayor Love asked how the revenue gets distributed for out of area. Chief stated that heÓs not sure how itÓs distributed. Attorney Glaser explained that how the funds were distributed. Mayor Love give council an opportunity for comments. All Council Members and Jr. Council member thanked Chief Mork for the presentation and for his service. 2. Mr. Tyler See, Abdo Solutions Î 2021 Audit Presentation Mr. Tyler See, Abdo Solutions, reviewed the 2021 Audit. He stated that there was one correction that needed to be made to the audit capital assets which does not affect the statements. Mayor Love noted that there was an error on page 116 as to his term in office. Mr. See stated that this will be corrected. He stated that there were no compliance issues. He reviewed the general fund, water, sewer, storm water funds, garbage and recycling fund, street fund balances and debt service funds. Also discussed was the CARES Act fund and the upgrades made to City Hall and Cable equipment. A lengthy discussion ensued. Mayor Love thanked Mr. See and stated he appreciates them coming out and reviewing the Audit and with the changes as noted. V. PUBLIC HEARINGS 1. None. VI. APPROVAL OF THE MINUTES 1. None. VII. CONSENT AGENDA Page 2 of 10 City of Centerville Council Meeting Minutes June 8, 2022 Administrator Statz stated that Check #35032 was voided and replaced with Check #35161 and Item #9, Parks & Recreation Recommendation to Approve Anoka County Radio Club Use of LaMotte Park Î Field Day Event on June 24-26, 2022 (annual event) was added. 1. City of Centerville Claims through June 8, 2022 (Check #35118-35160), (1889E- 1897E) & (Voided Check #1894, 1894, 1896, & 35139) Void Check #35032 - Replacement #35161 2. Centennial Lake Police Department Claims through June 2, 2022 (Check #14333- 14338) & (Check #14341-14345), (Voided Check #14304), Payroll (Check #14339- 14340) & (2022039E-2022041) 3. Centennial Fire District Claims through May 24, 2022 (Check #9315-9321) 4. Encroachment Agreement for 7154 Mill Road Î Fence 5. Encroachment Agreement for 1760 Dupre Road Î Fence 6. Special Event Permit Application Î Centerville Lions (Fete des Lacs) a. Use of Laurie LaMotte Park Î July 12-16, 2022 b. Cornerstone Park Î July 14, 2022 (Concession Trailer) c. Hidden Spring Park Î July 12, 2022 (Concession Trailer) d. Temporary On-Sale Liquor License Î July 12-16, 2022 7. Parks & Recreation Recommendation to Purchase Appreciation Items for Volunteer Appreciation Event Î Not to Exceed $1,000 8. Resolution 22-0XX Interim Use Permit Extension Î Atlas Villas 9. Parks & Recreation Recommendation to Approve Anoka County Radio Club Use of LaMotte Park - (Field Day Events) June 24 through June 26. Mayor Love provided an opportunity for others to add or delete any items. Motion by Council Member Lakso, seconded by Council Member Koski to Approve Consent Agenda Items #1-9 as Presented. All in favor. Motion carried. VIII.OLD BUSINESS 1. None. IX. NEW BUSINESS 1. 2021 Audit Acceptance Mayor Love asked if there were any questions or comments in accepting the 2021 Audit. Council Member King asked if the council should wait to accept until all correction had been made. Mr. DeJong stated that the two minor corrections that do not affect fund balances. Motion by Council Member Lakso, seconded by Council Member King to approve the 2021 Comprehensive Annual Audit Report as present with the two noted changes as presented to Council and the Audit be placed on the CityÓs website for the public to review as presented tonight. All in favor. Motion carries. Page 3 of 10 City of Centerville Council Meeting Minutes June 8, 2022 2. Toolcat Purchase Mr. Paul Palzer, Public Works Director, stated in the capital improvement plan we had schedule to purchase a Toolcat in 2022 and the attachment called a brush hog. This is used for snow removal of trails and sidewalks and turf work with the attachment added called a brush hog (Mr. Palzer noted that the brush hog that had been used is rented on an annual basis) and also to do our rain water gardens along the trails, and be used in many of our parks that have a lot of overgrown brush areas. This machine is more ergonomically and steering wheel and drives like a vehicle. Mr. Paul asked Council if they had any questions and a lengthy discussion ensued as to the cost, whether it was a gas or diesel and warranty and why was needed to be brought forward to council being that it had been on the Capital Improvement which was approved. Administrator Statz stated that Council Member Lakso had a great point as to why staff was bringing this purchase to council being that it was on the capital improvement plan. Mayor Love stated this could be added this to a work session discussion item around budget time. Maybe if itÓs going to meet the numbers on capital improvement plan then place it on the consent agenda if it more the it should be added to new business for discussion. Motion by Council Member Lakso, seconded by Council Member Mosher to Approve the Purchase of the Toolcat in the amount of $77,202.00 as Presented. Council Member Lakso added a friendly amendment to require safety training and support training to the motion. All in favor. Motion carried. 3. Resolution #22-0XX Î Amazon Fulfillment Center a. Revised DeveloperÓs Agreement Mr. Glaser passed out revisions. He stated that there are two pieces to this Resolution Maintenance st Agreement with RCWD taking care of infrastructure on 21 Avenue for creek and during the last Council meeting with respect to the DeveloperÓs Agreement, Council asked Amazon about sound litigation letters and can to acceptable language and maintenance agreement ourselves and the paperwork that handed out had revisions that came from Amazon. Mr. Glaser asked Council if there was anything they would like to review with the maintenance agreement with RCWD. This is what we do when the infrastructure is handed over to the City and we have a stewardship to take care of water facilities. Mr. Glaser reviewed the DeveloperÓs Agreement. He stated whatÓs in the packet is the way we do revisions. Basically mark up the document you have with the changes. There were a couple sentences that were changed and Ðadded RCWDÑ and a couple of changes added in section 19 about site security. All of these revision are related to the noise. He stated as Council you were very clear to have noise studies done and basically memorialized duty that Amazon has to do sound study regular noise and spike/highest noise. Amazon got changes. One on page 20 and page 13. He review the changes starting with page 20 being that was handed out on paper. Mr. Glaser stated that Amazon revision put a cap of $80,000 for noise mitigation if needed. Mayor Love asked if the Page 4 of 10 City of Centerville Council Meeting Minutes June 8, 2022 $80,000 is for mitigation only. Mr. Glaser stated that the sound study has been paid for. A lengthy discussion ensue as to the noise and noise study and how it was going to be curtained. Mr. Glaser Î page 13 Î He stated that this was a simple but important change called indemnity. It states that Amazon will take care of the City if they cause trouble or the development causes trouble. He stated that neither of the lawyers like the way this language read. He stated that there are two types of ways that the court can make someone better Î force somebody else to pay money and they can do another thing called equity (restraining order or order them to do something). What the City is asking Amazon to do is to indemnify the City and hold us harmless to anything they might do from and against and such claims at law or equity. If money makes us whole or a restraining order make us whole it benefits both parties and takes care of our needs. Mr. Glaser stated that there was other major change that both parties asked to have a different Maintenance Agreement that they wrote into the DeveloperÓs Agreement that is mutually beneficial thing for example: Amazon wanted to build a private sewer in the CityÓs right of way. They havenÓt finished designing or built the project yet. What the agreed too is that both parties agreed to what they call the Maintenance Agreement. For example: the City has a lift station in a corner of the Amazon property, we are agreeing as long as they let us stay there, we will maintain it because it is the CityÓs. If they want to put in a private sewer in the CityÓs right of way and it works out on the engineering side, we let them do it. TheyÓll agree they will maintain it. Administrator Statz stated that this parts out what belong to who and who will maintain it. They have 12 fire hydrant and private infrastructure which would be there responsibility. Mayor Love asked Administrator Statz if our infrastructure robust enough to handle this. Administrator Statz stated yes. He stated that on all of the water systems there is a shut off valve. He stated that the sewer is a little more difficult because there is not a shut of valve. You could put an inflatable ball to stop the sewer but this would most like not happen unless the building was abandon or if there was a chemical spill. Administrator Statz stated that the only bits of infrastructure they would need to get at would be the storm water system. We are responsible for that. ThatÓs why we have easements and they are responsible to maintain the storm water like property owners. Motion by Council Member Lakso, seconded by Council Member King to Approve the Res. #22-0XX and including the two additional printed amendments part a and part b to the Resolution #22-0XX which was provided at council table as stated by the City Attorney. Mayor Love, Council Members Koski, Lakso and King Yay, Council Member Mosher Nay. Motion carries 4-1. b. Maintenance Agreement between Rice Creek Watershed District and City 4. Resolution #22-0XX Î Ordering the Feasibility Report for the 2022 Thin Overlay and City Hall Parking Lot Improvements Administrator Statz stated that this was a formality that we authorized the engineer proposal last council meeting for the Feasibility Study. He neglected to put in there the formal resolution authorizing for the preparation of ordering the Feasibility Reporting. This is an important step in the 429 process. The Engineer will come back at next council meeting with that Feasibility Report. Page 5 of 10 City of Centerville Council Meeting Minutes June 8, 2022 We need to order that tonight. Mayor Love questioned since not assessing for cityÓs parking lot, he didnÓt understand why this was included. Administrator Statz explained that we lumping the parking lot and the thin overlay program all in one so and thin overlays to southern part of town and those will be proposed to be assessed. It just one project and the parking lot will not be assessed. Council Member King asked what a feasibility report is. Administrator Statz explained in the assessment process under Chapter 429 says you have to order a feasibility report and that feasibility report has to be prepared by a qualified person usually a City Engineer or their assign. That report has to report on a number of things. He stated generally there is a cover letter. It repeats statute and feasible from the engineering standpoint and its necessary, cost effective and feasible. It also states that does this project need to be done by itself or with other improvements. This could help the city get better bids for the project. Also needs to report on an opinion of probably cause. This will tell you what this project will likely cost and all of the information in the feasibility study is presented at the improvement hearing, which is the first of two hearings required by Chapter 429. The report is to lay out the facts. A discussion ensued as to the cost of the project, if the City needs bond for this project, increase in home values and the time frame. Motion by Council Member Koski, seconded by Council Member King to Approve Resolution #22-0XX Î Ordering the Feasibility Report for the 2022 Thin Overlay and City Hall Parking Lot Improvements as Presented. All in favor. Motion carried. 5. Review of Business Water Hook-up Assistance Program Administrator Statz stated a few years ago during COVID the city decided to examine our hookup fees for businesses in town. He stated we offered a half price discount on those fees for businesses that have not hookup to city water. Staff would like to extend. Often itÓs a timing issue when something with their property. He stated as you see in the audit our water fund is healthy and it is nice way to incentive our businesses to invest in their properties and get hooked up to our cityÓs water system. A discussion ensued as to how much would the value of the property increase by connecting to City water. Council Member Mosher asked how long the City has offered this program. Administrator Statz stated 2 years. Mayor Love asked if the City ran into any situation of a new business coming into town and connecting to City water why canÓt they get the same assistance as the old businesses. Administrator Statz stated you have the right to make a program exclusive to whoever. Mayor Love stated if we extend this again through 2023 and businesses hanging on have another year and does not put pressure on them to get it done. If goal to incentivize to do this and thereÓs no end date, there is no reason to connect. Council Member Koski asked why are we extending this, what is the purpose? Administrator Statz explained he knows that there folks that are interested and they need time to come up with half of this money. This is only on the fees. For some businesses they have one WAC and a lateral fee Î they are up in $10,000 range for the fees - they kick in about $5,000 and the city kick in about $5,000. That $5000 is just the beginning. They need to pay for a plumber to go out from the curb stop to bring it into the building and thatÓs probably another $10,000. They have about $15,000 of investment and whether or not if that financially feasible for them now. Council Member Koski stated he doesnÓt think they are doing themselves any favor by postponing because the prices will go up. He also stated he is willing to extend but would good Page 6 of 10 City of Centerville Council Meeting Minutes June 8, 2022 do. A discussion ensued as to the cost and as to when they should hookup. Motion by Council Member Koski, seconded by Council Member Lakso to extend the business water hookup program until the end of 2023 as stated. Council Members Koski, Mosher, King, Lakso yah and Mayor Love nay. Motion carries 4 to 1. 6. Review of Water Hook-Up Ordinance Administrator Statz stated going back in history, for it many years the City had a sunset date for water hookup The City extended that date many times and there was no good enforcement mechanism to force people and would end up suing people who hadnÓt connect to water. He stated we needed to find an alternative plan to affect that change. The three categories that would determine to connect to city water are as follows: well failure, large addition to house and time of sale of home or structure. The only exceptions family to family transactions or refinancing. If you sell to a non-family member you are required to connect to city water at the time of sale. He stated that itÓs working well around town and added several to water system. In downtown area where we have mixed use district and trying to encourage redevelopment the question becomes is it good for City to force water hook up to a building that would like to redevelop. For example: people who are buying buildings as in investment for a future redevelopment of that building (tear down and build new) and ordinance says it needs to be connected. If someone buys and immediately tears down and can demonstrate to us that immediate intent, we can work around this and they are obviously going to hook into city water with a new building. He stated we have already given two exceptions to this in the ordinance in the downtown area and issued some multi-year(s) agreements, because people bought them and says they like to redevelop them but not right away maybe in a year or two. The city allowed this and deferred option to connect to water until they redevelopment. This has been done twice and have 2 existing agreements in place. A third situation came up and sometimes when exception becomes rule maybe we should change rule. If this going to happen often in the downtown area, maybe we need to look at whether or not this should apply in the downtown area. In general terms, in an area where you are trying to redevelop properties the more you invest in property the harder it is to redevelop. In this case, a blighted building and sale pending and do not see compelling to make this building hook up to city water because this was purchase for redevelopment. A lengthy discussion ensued. Mayor Love stated that Administrator Statz is looking for a motion from council with direction. Administrator Statz stated it seems like his proposal was the most middle ground and continue on what we are doing and extend those agreements and perhaps we should bring back a policy because do not have a clear policy on what these agreements look like. Maybe we can memorialize what we have already done for those property owners and bring that back as policy and say hereÓs our policy, if home sell put up an escrow Î you could have up to five years to development or not and everyone has this same agreement. Council Member King stated he likes the shorter time limit. He stated if they buy it shouldnÓt take any more than 2 years. Administrator Statz explained that timing is everything. If the market crashes, 2 years will go fast and 5 years wonÓt seem like enough time. But in the case that is coming to us now, itÓs a matter of property assembly and the name of Page 7 of 10 City of Centerville Council Meeting Minutes June 8, 2022 the game of redevelopment is property assembly and two years not much time to do meaningful development (piece by piece). The only redevelopment that is going to happen is that we reassembled property. Mayor Love requested that staff come back with policy and fits where council wants to go. No motion needed at this time. 7. Moving June 20 Council Meeting to June 21, 2022 Administrator Statz stated they moved the June 22 meeting because there are 3 that will be at a conference at the League to June 20 and found out that June 20 was a holiday (Juneteenth Î State holiday not necessary a Federal holiday) so they moved the Council Meeting to June 21, 2022. Attorney Glaser explained that they cannot have City Council meeting on a holiday (State or Federal holiday). He explained that Juneteenth is a recognized MN State day and has been since 1996 and the Governor proclaimed it last year a Freedom Holiday which is not a real holiday. He stated tons of schools and cities have claim it a Federal holiday and to move their meetings. Council Member Mosher asked if get mail that day Î no Federal holiday. Mayor Love ask for a motion to move the June 20 meeting to June 21. Council Member Lakso asked if it included the work session. Mayor Love said yes. Motion by Council Member Lakso, seconded by Council Member Koski to move the June 20 meeting to June 21 as stated. All in favor. Motion carries. Mayor Love requested Administrator Statz to send out the re-invite out. 8. Professional Photography Services for the New Website Administrator Statz explained to council that something staff working on web site and big part of that doing is projecting better image. Staff has a number of photos assembled but difference in a professional picture and a snapshot. Perhaps EDA could help fund and leave this up to council to debate and they have not been approached. They do have funds in their budget to do some promotional things. He stated we have a couple quotes and some pending but we know we can complete for less than $2,000 for some seasonal and some upcoming events. Mayor Love as the City Attorney is he would be involve with the contracts. Administrator Statz motioned to authorize staff to acquire professional photography services with a contract to be reviewed by the City Attorney. Mayor Love wants to make sure we have the rights to use the photos in other manners. Administrator Statz explained with the photographer if they want to use a photo they would need to get a signed paper back stating that they can use it. Council Member Mosher asked where the financials number come from. Mr. Statz explained that they received one quote. It was up to 50 photographs packet at X number of events for $1000- 2000. Not are photographer have the same package so we did want to just take the lowest quote. He stated he wanted to have this in place before we started with Music in the Park, Fete des Lacs or Main Street Market. Council Member King spoked to staff about how would this website be more interactive and how would we be using the photos or short movies for example: waterski show. Administrator Statz stated we wanted personalize photos on our website. Council Member Lakso requested if we could look for someone local to take the photos. Administrator Statz stated they have someone is a citizen. Mayor Love stated that he doesnÓt feel it should come out of the Page 8 of 10 City of Centerville Council Meeting Minutes June 8, 2022 EDA budget. ItÓs not specific for businesses. He feels that the funds should come out of the General Fund. Motion by Council Member King, seconded by Council Member Mosher for the approval for the staff proposal for Professional Photography Services for the New Website with a friendly amendment that the funds are to come out of the General fund not EDA Administrator Statz added a friendly amendment that the funds are to come out of the General Fund not EDA. All in Favor. Motion carries. X. COUNCIL/ADMINISTRATOR ANNOUNCEMENTS 1. Administrator/Engineer Report Administrator Statz thanked businesses and Lions club for all of their support in funding raising for the Fete des Lacs. City Attorney Glaser - Attorney Glaser none Junior Council Member Peterson Î Junior Council Member Peterson teams going to state Î Girls Softball, Boys and Girls Lacrosse, and Section finals, Centennial end of school and Mr. Peterson stated he will be a senior year next year. 2. Council Reports a. Lakso Î Parks & Recreation Î Council Member Lakso stated that they are organizing and planning for the volunteer appreciation event. She stated that Music in the Park starting June 14 and it will include food trucks. They also had a robust discussion with Ash Tree and emerald ash borer. Administrator Statz stated that the Parks committee asked staff to get quotes on Ash Trees so we could have a preferred vendor that the City could recommend for treatment of the Ash Borer to residents. He stated that we do have a preferred vendor and we were able to negotiate a price. He authorized Public Works to treat some of trees this year and would come back next for a long term management plan. He stated that some of the tree are in Hidden Spring Park we want to save. Administrator Statz stated that P & Z are looking at an ordinance diseased trees. Our current ordinance stated if you have a diseased tree you need to get rid of. They want to make language better but there are lot of important questions to think about Î is it public health hazard or is it public safety issue. We cannot stop Ash Borer plus we are surrounded by others that are not taking care of this. We are attempting to make sure we have no public safety issues and make sure people are responsible for taking down the diseased trees that pose as a public health treat. He stated that Lino Lakes Page 9 of 10 City of Centerville Council Meeting Minutes June 8, 2022 has a preferred for treating and cutting down and trying to stay in line and have a management plan as well. Anoka County Fire Protection Council Î Council Member Lakso stated that in RFP they have a new records management system technology upgrades because theirs is no longer supported. b. Koski Î Planning & Zoning Commission Î Council Member Koski stated that they talked about not just Emerald Ash Borer but all diseased trees. Also talked about the population 5,000, how we wanted to fit that into our goals and looking for two committee members openings for P & Z. Fire Steering Committee Î None c. King - Economic Development Authority Î Nothing Fire Steering Committee Î Council Member King gave no report. d. Mosher Î Police Governing Board Î Council Member Mosher none Economic Development Authority Î Council Member Mosher next week e. Love Î He stated he wrote an article for the paper last week asking people to volunteer. Also noted that we had a ribbon cutting ceremony for Centerville Self Storage. He thanked Council Members Koski and Lakso Russ, and EDA President, Jeff Hanzal for participating in that event. He visited the Elementary School and Middle school to present aware winners for logo contest. He stated it was nice to see the improvements at elementary school. He stated that both of our schools safe and no can just walk into school. North Metro Telecommunications Commission Î Mayor Love gave no report. Police Governing Board Î Mayor Love gave no report. XI. ADJOURNMENT Motion by Council Member King, seconded by Council Member Lakso to Adjourn the Regularly Scheduled Council Meeting at 9:47 p.m. Respectfully submitted by City Clerk, Teresa Bender. Page 10 of 10 08/05/22 9:50 AM CITY OF CENTERVILLE Page 1 Check Detail - August 10, 2022 Check DateCheck #Vender NameCommentsAmount 18/5/2022001924EIRS/EFTPSFED W/H - PAY PERIOD 16$3,040.25 18/5/2022001924EIRS/EFTPSFICA/MED W/H - PAY PERIOD 16$5,108.96 Check Nbr 001924 IRS/EFTPS$8,149.21 18/5/2022001925EMINNESOTA DEPT OF REVENUESTATE W/H - PAY PERIOD 16$1,390.02 Check Nbr 001925 MINNESOTA DEPT OF REVENUE$1,390.02 18/3/2022001926EMINNESOTA DEPT OF REVENUELEVY DISCLOSURE & PAYMENT - PAY PERIOD 16$369.61 Check Nbr 001926 MINNESOTA DEPT OF REVENUE$369.61 18/5/2022001927EOPTUM BANK - H.S.A.H.S.A. W/H - PAY PERIOD 16$1,264.54 Check Nbr 001927 OPTUM BANK - H.S.A.$1,264.54 18/5/2022001928EPERAPERA W/H - PAY PERIOD 16$3,960.27 Check Nbr 001928 PERA$3,960.27 18/3/2022001929ETASCF.S.A W.H - PAY PERIOD 16$239.58 Check Nbr 001929 TASC$239.58 18/10/2022035278 ACR, INC.2008 FORD REPAIR$364.76 18/10/2022035278 ACR, INC.REPAIRS TO CUSHMAN$856.62 Check Nbr 035278 ACR, INC.$1,221.38 18/10/2022035279 AFLACALFAC PAYMENT - JULY 2022$198.42 Check Nbr 035279 AFLAC$198.42 18/10/2022035280 AIRFRESH INDUSTRIES, INC.PORTABLE RESTROOM SERV THRU 8-7-22$837.00 Check Nbr 035280 AIRFRESH INDUSTRIES, INC.$837.00 18/10/2022035281 ALLSTREAMPHONE SERVICES THRU 8-22-22$102.53 Check Nbr 035281 ALLSTREAM$102.53 18/10/2022035282 ANOKA COUNTY TREASURYBROAD BAND$37.50 18/10/2022035282 ANOKA COUNTY TREASURYBROAD BAND$37.50 18/10/2022035282 ANOKA COUNTY TREASURYBROAD BAND$37.50 Check Nbr 035282 ANOKA COUNTY TREASURY$112.50 18/10/2022035283 CENTENNIAL LAKES POLICE DEPTPOLICE SERVICES THRU AUGUST 2022$76,003.83 Check Nbr 035283 CENTENNIAL LAKES POLICE DEPT$76,003.83 18/10/2022035284 CINDY JO SCHLOERMUSIC IN THE PARK - 7-19-22$300.00 Check Nbr 035284 CINDY JO SCHLOER$300.00 18/10/2022035285 CITY OF ROSEVILLEIT SUPPORT SERVICES - AUG. 2022$618.59 18/10/2022035285 CITY OF ROSEVILLEIT SUPPORT SERVICES - AUG. 2022$618.59 18/10/2022035285 CITY OF ROSEVILLEIT SUPPORT SERVICES - AUG. 2022$618.59 18/10/2022035285 CITY OF ROSEVILLEIT SUPPORT SERVICES - AUG. 2022$618.60 Check Nbr 035285 CITY OF ROSEVILLE$2,474.37 18/10/2022035286 CONNEXUS ENERGY7087-20TH AVE - WATER TOWER - SERV THRU 7-26-22$33.26 18/10/2022035286 CONNEXUS ENERGY6900-20TH AVE - LIFT STATION - SERV THRU 7-26-22$71.96 18/10/2022035286 CONNEXUS ENERGY7100-20TH AVE - TRAFSG - SERV THRU 7-26-22$78.70 18/10/2022035286 CONNEXUS ENERGYSTREET LIGHTS - 395653-219699 - SERV THRU 7-26-22$63.84 18/10/2022035286 CONNEXUS ENERGYSTREET LIGHTS - 395653-219678 - SERV THRU 7-26-22$51.75 18/10/2022035286 CONNEXUS ENERGY6900-20TH RADIO - SCADA - SERV THRU 7-26-22$7.77 18/10/2022035286 CONNEXUS ENERGY6900-20TH RADIO - SCADA - SERV THRU 7-26-22$7.78 18/10/2022035286 CONNEXUS ENERGY2085 W CEDAR ST - SERV THRU 7-26-22$472.70 Check Nbr 035286 CONNEXUS ENERGY$787.76 18/10/2022035287 CORE & MAINPARTS FOR CURB STOP REPAIRS$2,249.95 Check Nbr 035287 CORE & MAIN$2,249.95 18/10/2022035288 DSM EXCAVATING COMPANY, INC.1812 LARAMEE LN - OLD MILL EST - DIG OUT AND CUT DOW$575.00 Check Nbr 035288 DSM EXCAVATING COMPANY, INC.$575.00 18/10/2022035289 ERIK VAUGHNMUSIC IN THE PARK - 8-9-22$300.00 Check Nbr 035289 ERIK VAUGHN$300.00 18/10/2022035290 FINANCE & COMMERCE, INC.2022 THINK BITUMINOUS OVERLAY/CITY HALL PARKING LOT $258.31 08/05/22 9:50 AM CITY OF CENTERVILLE Page 2 Check Detail - August 10, 2022 Check DateCheck #Vender NameCommentsAmount Check Nbr 035290 FINANCE & COMMERCE, INC.$258.31 18/10/2022035291 GOPHER STATE ONE CALL INCSERVICE THROUGH JULY 2022$36.45 18/10/2022035291 GOPHER STATE ONE CALL INCSERVICE THROUGH JULY 2022$36.45 Check Nbr 035291 GOPHER STATE ONE CALL INC$72.90 18/10/2022035292 HAWKINS INC.CHEMICALS$1,430.60 Check Nbr 035292 HAWKINS INC.$1,430.60 18/10/2022035293 IDEAL SERVICE. INC.PREVENTATIVE MAINT PER ITEM - CENTERVILLE'S VFD'S 5-20$240.00 18/10/2022035293 IDEAL SERVICE. INC.WELL#2 TROUBLE SHOOT - VFD 6-22-22$315.00 Check Nbr 035293 IDEAL SERVICE. INC.$555.00 18/10/2022035294 IMAGE PRINTING & GRAPHICSWATER METER REPLACEMENT FORMS$99.33 18/10/2022035294 IMAGE PRINTING & GRAPHICSWATER METER REPLACEMENT FORMS$93.86 18/10/2022035294 IMAGE PRINTING & GRAPHICSWATER METER REPLACEMENT FORMS$93.87 Check Nbr 035294 IMAGE PRINTING & GRAPHICS$287.06 18/10/2022035295 INSTRUMENTAL RESEARCH INCJULY 2022 WATER TESTING$62.00 Check Nbr 035295 INSTRUMENTAL RESEARCH INC$62.00 18/10/2022035296 INTERNATIONAL UNION OF OPERATIUNION DUES - AUGUST 2022$105.00 Check Nbr 035296 INTERNATIONAL UNION OF OPERATI$105.00 18/10/2022035297 LANGERS TREE SERVICEREMOVE LARGE SECTIONS OF BROKEN BOXELDER TREE OVE$900.00 Check Nbr 035297 LANGERS TREE SERVICE$900.00 18/10/2022035298 MINNESOTA OCCUPATIONAL HEALTHDRUG TESTING$30.00 Check Nbr 035298 MINNESOTA OCCUPATIONAL HEALTH$30.00 18/10/2022035299 NATIONWIDE RETIREMENT SOLUTIONDEF COMP PAY PERIOD 16$1,125.00 Check Nbr 035299 NATIONWIDE RETIREMENT SOLUTION$1,125.00 18/10/2022035300 NORTH METRO TVWESTERN DIGITAL 4TB HARD DRIVE$112.47 Check Nbr 035300 NORTH METRO TV$112.47 18/10/2022035301 NYKANEN INSPECTIONS LLCELECTRICAL INSPECTIONS THRU 7-31-22$224.00 Check Nbr 035301 NYKANEN INSPECTIONS LLC$224.00 18/10/2022035302 PRESS PUBLICATIONSADVERTISING FOR BID 2022 THIN BIT. OVERLAY & CITY HAL$279.50 Check Nbr 035302 PRESS PUBLICATIONS$279.50 18/10/2022035303 R.J.S PROPERTY MAINTENANCEPARKS LAWN MOWING - JUNE$4,848.64 18/10/2022035303 R.J.S PROPERTY MAINTENANCECITY HALL LAWN MOWING- JUNE$360.96 18/10/2022035303 R.J.S PROPERTY MAINTENANCEP.W. LAWN MOWING- JUNE$401.92 18/10/2022035303 R.J.S PROPERTY MAINTENANCEP.W. LAWN MOWING- JUNE$990.88 18/10/2022035303 R.J.S PROPERTY MAINTENANCEPARKS LAWN MOWING SERV FOR 7-5, 7-11-,7-18$3,636.62 18/10/2022035303 R.J.S PROPERTY MAINTENANCECITY HALL LAWN MOWING SERV FOR 7-5, 7-11-,7-18$270.73 18/10/2022035303 R.J.S PROPERTY MAINTENANCEP.W. LAWN MOWING SERV FOR 7-5, 7-11-,7-18$1,044.65 Check Nbr 035303 R.J.S PROPERTY MAINTENANCE$11,554.40 18/10/2022035304 RECYCLE TECHNOLOGIESRECYCLING EVENT 7-9-22$1,497.00 Check Nbr 035304 RECYCLE TECHNOLOGIES$1,497.00 18/10/2022035305 REPUBLIC SERVICES, INC.CLEAN UP DAYS - SHREDDING$1,000.00 18/10/2022035305 REPUBLIC SERVICES, INC.GARBAGE PICK UP - SERV THRU JULY$17,424.82 18/10/2022035305 REPUBLIC SERVICES, INC.REYCLING PICK UP - SERV THRU JULY$4,760.95 Check Nbr 035305 REPUBLIC SERVICES, INC.$23,185.77 18/10/2022035306 SAFEGUARD SECURITYMONTHLY FIRE ALARM MONITORING W/ SERVICE PLAN - CIT$44.95 Check Nbr 035306 SAFEGUARD SECURITY$44.95 18/10/2022035307 UNIVERSAL SERVICES, INC.REFUND DEPOSIT ROW PERMIT #R22-007$2,000.00 Check Nbr 035307 UNIVERSAL SERVICES, INC.$2,000.00 18/10/2022035308 FACE PAINTING BY LINDAFACE PAINTING - MAIN STREET MARKET$180.00 Check Nbr 035308 FACE PAINTING BY LINDA$180.00 18/10/2022035309 FLEXIBLE PIPE TOOL COMPANYSUCTION HOSE - P.W.$770.25 08/05/22 9:50 AM CITY OF CENTERVILLE Page 3 Check Detail - August 10, 2022 Check DateCheck #Vender NameCommentsAmount Check Nbr 035309 FLEXIBLE PIPE TOOL COMPANY$770.25 18/10/2022035310 LEAGUE OF MN CITIES INS TRUSTFIREWORKS - INSURANCE$234.00 Check Nbr 035310 LEAGUE OF MN CITIES INS TRUST$234.00 $145,444.18 CENTENNIAL LAKES POLICE DEPTCheck Register - POLICEPage: 1 Check Issue Dates: 7/22/2022 - 8/4/2022Aug 04, 2022 01:34PM Report Criteria: Report type: Summary Check NumberCheck Issue DatePayeeAmount 1441508/04/2022ATOM575.00 1441608/04/2022ANOKA CO TREASURY OFFICE75.00 1441708/04/2022ASPEN MILLS, INC584.69 1441808/04/2022AWARDS BY HAMMOND, INC18.00 1441908/04/2022CITY OF ROSEVILLE5,828.93 1442008/04/2022CLIMATE MAKERS, INC.2,800.00 1442108/04/2022E C S I, LLC530.00 1442208/04/2022EMERGENCY CONTRACTORS1,577.50 1442308/04/2022FRATTALLONES HARDWARE & GARDEN41.99 1442408/04/2022GEORGE'S INC330.00 1442508/04/2022MOBILE VEHICLE INTEGRATION LLC283.00 1442608/04/2022SHRED-N-GO, INC79.08 1442708/04/2022THE HOME DEPOT PRO53.48 1442808/04/2022TRANS UNION LLC75.00 1442908/04/2022VERIZON WIRELESS1,157.06 1443008/04/2022Havis, Inc.75.00 202205708/04/2022CENTURY LINK125.32 202205808/04/2022DELTA DENTAL1,010.92 202205908/04/2022OPTUM FINANCIAL, INC.18.75 202206008/04/2022U S BANK693.87 Grand Totals: 15,932.59 M = Manual Check, V = Void Check CENTENNIAL FIRE DISTRICTCheck Register - FIREPage: 1 Check Issue Dates: 7/27/2022 - 8/10/2022Aug 04, 2022 01:41PM Report Criteria: Report type: Summary Check NumberInput DateCheck Issue DatePayeeAmount 935508/04/202208/10/2022ALLEGRA2,116.39 935608/04/202208/10/2022ANOKA COUNTY TREASURY DEPT.112.50 935708/04/202208/10/2022ASPEN MILLS, INC141.85 935808/04/202208/10/2022BLAINE LOCK & SAFE, INC.1,059.86 935908/04/202208/10/2022EMERGENCY APPARATUS MAINT, INC43.41 936008/04/202208/10/2022FRATTALLONE'S HARDWARE & GARDEN14.63 936108/04/202208/10/2022CITY OF ROSEVILLE1,462.23 936208/04/202208/10/2022VERIZON WIRELESS261.88 936308/04/202208/10/2022WEX BANK941.25 936408/04/202208/10/2022Rob Wyse32.65 202201008/04/202208/10/2022US BANK986.49 Grand Totals: 7,173.14 M = Manual Check, V = Void Check CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: August 10, 2022 Parks & Recreation VII.4 TITLE OF ISSUE: Permit for Use of City Owned Property - (Trailside Park/Bald Eagle Waterski Club) BACKGROUND AND SUPPLEMENTAL INFORMATION: Upon several communications from the Bald Eagle Waterski Club with requests for installation of a boat lift and the ability to sell/give aways of merchandise and food/water, Staff reviewed the current permit. Upon Staff's review, several modifications/updates were made (i.e. address, correction of ownership, inclusion of the Club's requests, etc.). Mr. Haval attending the August 3, 2022 meeting and was agreeable to the presented amended permit. COST AND SOURCE(S) OF FUNDING: N/A REQUESTED COUNCIL ACTION: Motion to adopt the amended permit as presented. For ClerkÓs Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ Vote Record: Aye Nay _____ _____ Policy Attached Other (specify) ____________ _____ _____ _____ _____ _______________________________________________________________ _____ _____Ki _____ ____________________________________________________________________ Administration Department Use: Refer to: _________________________________ Consent Tabled Until: ______________________________ Regular Other: ___________________________________ The City of Centerville hereby amends its Permit with the Bald Eagle Waterski Show, Inc., first granted on May 15, 2014 as follows: Red = new language and Red = deleted language CITY OF CENTERVILLE PERMIT FOR USE OF CITY OWNED PROPERTY LOCATED AT 7145 MAIN STREET (ALSO KNOWN AS TRAILSIDE PARK) The City of Centerville hereby renews its PERMITermit with the Bald Eagle Waterski Show, Inc., (d/b/a/ Bald Eagle Waterski Club) and its members or employees, having a principal place of business at: 6521 White Oak Road, Lino Lakes, Minnesota 55038 11034 Irish Avenue North, Stillwater, Minnesota 55082 (hereinafter referred to as ÐPermitteeÑ). This Permit is subject to the rights, privileges and limitations set forth herein noting that these terms have been revised since the initial permit issuance. SECTION ONE PROPERTY Permittee shall have a limited right of use and access to public property located at: 7121 7145 Main Street (PIN #23-31-22-22-0013), and its shoreline adjacent to Centerville Lake PIN #23-31- 22-22-0002, #23-31-22-22-0019 & #23-31-22-22-0031 (hereinafter referred to as ÐPropertyÑ). SECTION TWO TERM The Permittee was first granted this p P ermit on May 15, 2014. The renewed permit shall expire on August 31, 2024 unless revoked or voided for reasons otherwise specified in this document. Thereafter, unless notice of termination is received sixty days (60) prior to this annual deadline, the Permit shall self-renew for up to five (5) additional one-year terms. SECTION THREE PERMIT CONSIDERATION It is understood that Permittee does not charge spectators to view its waterski shows. As long as that condition exists, the permit fee shall be $1.00 per year. SECTION FOUR PERMITTED USE OF PROPERTY Pursuant to Code, Section 92.30, Permittee is granted variances from Chapter 92 of the Centerville Code to accomplish the purposes set forth in the Permit: Permittee is granted variances from City Code, Chapter 92, pursuant to §92.30: A. Permittee will use the Property for the purpose of conducting waterski shows and accommodating public viewing of these shows along with necessary practice sessions. Permittee may install a dock and boat lift into Centerville Lake, subject to approval of St. Paul Regional Water Services and subject to permits from Minnesota Department of Natural Resources, if any are required. subject to approval and the issuance of required permits, if any, allowing such installation: i.e.: Anoka County SheriffÓs Office, DNR, etc. with same being filed with the City. Additionally, a temporary platform may be constructed along the shoreline to facilitate show logistics, subject to the approval of the CityÓs Public Works Director. No other improvements may be attached to the Property without prior written consent of the City; B. The Property is designated as an area where vehicles may be driven by Permittee or its Vendors (in variance of City Code, Section §92.06), any damage to the property resulting from such use shall be the responsibility of the Permittee; C. Permittee may locate and park a 10 x 12 equipment trailer on the Property at a location to be agreed upon by the parties and that trailer may be present on the Property during times when public grounds are closed to the public according to City Code, Chapter 92 (in variance of City Code, Section §92.07 & §92.08). Trailer must not be parked within six (6) feet of any manhole; D. Permittee may post up to two (2) signs advertising its waterski shows on the Property (in variance to ofCity Code, Section §92.12), however; said signage must otherwise comply with applicable law; E. Permittee may swim from the Property (in variance to of City Code Section §92.18); F. Permittee may launch a boat from the Property (in variance to of City Code Section §92.20); and F. Permittee may use the protected shoreline areas of the Property extending fifteen feet from the high water mark of the lake (in varianceto of City Code Section §92.21) but must maintain and protect the shoreline from erosion or damage. shall not allow operations or activities to cause damage or erosion to the shoreline. G. Permittee may store its dock, boat lift and portable jump/ramp on site during the off-season in a mutually agreeable location which minimizes aesthetic intrusion and safety risks. H. Permittee may offer merchandise, food and third-party sales/vendors on site with a maximum of three (3) (in variance of City Code, §113). All food and third-party sales/vendors will not conduct any transactions during the Main Street Market event. The location of said booth, table, trailer or mobile vehicle for delivery of such must not to impede pedestrian usage of the abutting trail, impede motor vehicle usage of CSAH14 (Main Street) obstruction or line of site or cause confusion of oncoming traffic. If, at any time, the Centennial Lakes Police Department, authorized Public Safety organization(s) or the City of Centerville determine that public is compromised, the locations of these solicitors will be immediately addressed. Any Vendor, without securing the appropriate food licenses, either through the State of Minnesota, Anoka County or both will not be allowed on site. Licensing must be displayed at all times while on site. (in variance of City Code §113). SECTION FIVE OTHER APPROVALS Permittee understands that part of the underlying Property is controlled through an easement by St. Paul Regional Water Service and a condition of this Permit is that approval must be obtained from St. Paul Regional Water Service. If the city acquires the property owned by St. Paul Regional Water, then this section shall not apply. SECTION FIVE CITYÓS INSPECTION City shall have the right, at any time, to inspect and examine the Property to i e nsure compliance by Permittee with its obligations under this Permit and its obligations under the law. SECTION SIX MAINTENANCE OF THE PROPERTY City will mow the grass on the Property in accordance with the CityÓs normal maintenance schedule. If more frequent mowing is required, Permittee agrees it will do so at its sole cost and expense. Permittee will pick up trash that is left on or around the Property immediately after each waterski show or other sponsored event. Permittee must provide a portable toilets for its use and for use of spectators and patrons. However, it they shall be placed in a location to be mutually agreed upon by the parties. City may participate in the cost a cost share with Permittee for the provision of said portable toilets subject to approval from the City Council. SECTION SEVEN ALTERATIONS Permittee shall not make any alterations, additions, or improvements to the Property without CityÓs prior written consent and the consent of St. Paul Regional Water Services. SECTION EIGHT LOSS AND DAMAGE Permittee assumes and shall bear the entire risk of loss, damage to, theft or destruction of its dock, jump/ramp, trailer, boat lift and any personal property or equipment that is located on the Property. SECTION NINE INDEMNITY Permittee hereby assumes entire responsibility and liability for any and all damage of any kind or nature whatsoever to all persons resulting from, arising out of, or occurring in connection with its use of the Property. If any person shall make a claim for damage or injury here above described, whether such claim may be based upon the CityÓs alleged breach of any duty or obligation on the part of the City, Permittee agrees to indemnify and save hold harmless City and St. Paul Regional Water Service (SPRWS), its agents, servants and employees from and against any and all losses, expense, damage or injury that they either might sustain as a result of any such claims. Permittee agrees to assume, on behalf of the City the defense of any action at law or equity, which may be brought against City or SWRWS upon such claims and pay on behalf of City or SPRWS, upon its demand, the amount of judgment that may be entered into against City or SPRWS in such action. SECTION TEN INSURANCE Permittee, at its sole cost and expense, shall procure and maintain insurance coverage which is acceptable to the City Administrator which accomplishes the following: (a) coverage for the risk of harm or negligence to any person due to operations subject to this Permit or PermitteeÓs use of the Property, (b) coverage for the risk of physical damage to its owned personal property and equipment, and (c) coverage for the risk of public liability and property damage, and as to all aspects of insured loss said insurance coverage shall not be in an amount less than $1,000,000. Permittee shall provide proof of insurance for workers compensation insurance as required by Minnesota Law. Moreover, Permittee shall name the City (and if requested, SPRWS) as additional ly insured on said insurance policies. Continuation of these insurance requirements are an on-going condition of this Permit. As a further condition of insurance coverage, USA Water Ski, Entertainment & Sports Insurance Experts (ESIX), or any insurance company issuing coverage under this Permit shall be required to notify the City in the event of any notice or intent to discontinue coverage. This Permit is void at such time as PermitteeÓs insurance coverage is not effective. However, PermitteeÓs legal obligations to assume the entire responsibility and liability for any and all damage of any kind or nature whatsoever to all persons resulting from, arising out of, or occurring in connection with its use of the property, continues in perpetuity regardless of the terms of cancellation or termination of this Permit. SECTION ELEVEN CONDITIONS OF PERMIT Permittee shall, without exception, obtain an executed document entitled, ÐParticipant Waiver and Release of Liability, Assumption of Risk and Indemnity AgreementÑ (hereinafter referred to as a ÐWaiverÑ) from each member of its organization who will participate in any activity held at, or staged from, the Property, each member of an additional club, and/or adult(s)/minor(s) who participant in PermitteeÓs sponsored event(s) held at, or staged from, the Property. If such member is a minor, then Permittee shall, without exception, obtain a signed Waiver from a duly authorized parent or guardian. Permittee assumes all risks and waives liability in the event that any such Waiver is not effective or binding. Permittee shall supply a copy of each executed Waiver to the City before any person may participate in activities authorized under this Permit. Only members of PermitteeÓs organization may participate in activities authorized under this Permit. City understands that from time to time, the Permittee sponsors events with additional club(s) or allows participation by the public who are not members of its organization. As stated above, all participants are required to complete a ÐWaiverÑ. SECTION TWELVE NON-WAIVER By executing this document, Permittee specifically affirms that the City is not waiving or otherwise limiting any of its legal rights or defenses, or otherwise expanding its liability for activities related to the operation of this Permit. SECTION THIRTEEN NOTICES All notices required or permitted under this Permit shall be sufficient if delivered personally or mailed to the party at the address set forth in this Agreement, or at such other address as either party may designate in writing from time to time. Any such notice mailed to such address shall be effective twenty-four (24) hours after it has been deposited in the United States mail, properly addressed and with postage fully prepaid. SECTION FOURTEEN APPLICABLE LAW AND ENFORCEMENT The validity, enforcement, and performance of this Permit shall be governed and determined by the laws of the State of Minnesota and the City of Centerville. SECTION FIFTEEN TERMINATION OF PERMIT All of the conditions, standards or other requirements set forth in this document are continuing obligations of this Permit. This Permit is only valid so long as all of the obligations set forth herein are met. The City retains the right to amend, revoke or void this Permit at will, without notice or without affording a hearing to Permittee. SECTION SIXTEEN NON-EXCLUSIVITY Nothing in this Permit prohibits the use of said Property by other parties, including duly authorized vendors and does not grant the exclusive use of the property to the Permittee. IN WITNESS WHEREOF, Permittee has caused this Permit to be executed by an authorized representative of the date appearing below. PERMITTEE: BALD EAGLE WATERSKI SHOW, INC. Date: __________________, 2022 By: ______________________________ Its ____________________ CITY OF CENTERVILLE Date: __________________, 2022 By: ______________________________ Its Mayor CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: August 10, 2022 Parks & Recreation VII.5 TITLE OF ISSUE: Parks, Trails & Recreation Donation and Memorial Policy BACKGROUND AND SUPPLEMENTAL INFORMATION: The Committee has vetted this policy and believes that it is needed to provide guidance to staff, the Committee and a donor. The Committee does understand that Council must adopt a resolution to accept any donation. COST AND SOURCE(S) OF FUNDING: N/A REQUESTED COUNCIL ACTION: Motion to adopt the presented policy as submitted. For ClerkÓs Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ Vote Record: Aye Nay _____ _____ Policy Attached Other (specify) ____________ _____ _____ _____ _____ _______________________________________________________________ _____ _____Ki _____ ____________________________________________________________________ Administration Department Use: Refer to: _________________________________ Consent Tabled Until: ______________________________ Regular Other: ___________________________________ City of Centerville Parks, Trails & Recreation Donation and Memorial Policy PURPOSE The purpose of this policy is to establish guidelines, standards and procedures for the installation and care of donated park improvements, either as a result of a cash or physical property donation. These donations may include, but are not limited to, cash or physical property donations such as: park land, benches with suitable base, bicycle racks, picnic tables, benches, trees, public art, monuments (by exception only) drinking fountains, playground equipment, flags, and other types of park or trail accessories. The City desires to encourage donations while at the same time manage aesthetic impacts and mitigate on-going maintenance costs. Development of public facilities is expected to be the result of careful planning and quality construction. In addition, public facilities are expected to be maintained to a standard acceptable to the community. Guidelines and standards established by this policy will apply to all donations made after the date this policy was adopted. Donations of any kind become the property of the City of Centerville. STANDARDS FOR DONATION Acquisition or Purchase: The City and the community have an interest in ensuring that park elements purchased and installed be of high quality related to style, appearance, durability and ease of maintenance. Appearance and Aesthetics: The City and the community have an interest in ensuring the best appearance and aesthetic quality of their public facilities. Park elements and/or their associated donation acknowledgements should reflect the character of the park or facility it is placed. All park elements will be installed in such a manner that will not substantially change the character of a park or facility or its intended use. No donation may reflect a political or rebellious statement or position; and may not mention any form of deity. Park Plan: When applicable the donation of a park element for a specific park or facility, should conform to the park plan for that park. If no plan exists or if a plan exists, but does not identify a particular park element proposed for donation, the City may accept the donation under certain conditions. Under this circumstance the donation must (1) meet a true need of the park or facility, (2) not interfere with the intended current or future use of the park or facility, and (3) not require the relocation of other equipment or infrastructure to accommodate the donation or request for placement. In the opinion of the City, a park or facility may be determined to be fully developed and the opportunity for donations would not be feasible. Cost(s): The City has an interest in ensuring the donor covers the full-cost for the purchase and installation of donated park elements. The City also has an interest in ensuring that on-going maintenance costs do not negatively impact the resources available for maintenance of other City park facilities. Donation Acknowledgements/Memorial Plaques: Donation acknowledgement and memorial plaques, on any item, shall require review and approval by the Public Works Director or designee. Acknowledgements and plaques should be of high quality and not be a predominate feature on the item and will be provided at the cost of the donor. Interpretive Signs: Interpretive signs may be installed at sites that are appropriate for describing the history, geology, environment, and flora and fauna of a particular area. Interpretive signs shall (1) be of a size that is in keeping with the character of the site, (2) meet design requirements for access to the disabled, (3) be designed in such a manner that is consistent with other interpretive signs on site if any, (4) be constructed of materials that are of high quality and, (5) meet all current City regulations. Land, Buildings, Structures and Public Art: Donated land, buildings, structures (including playgrounds) and public art are subject to full review and approval of the City Council and are considered as part of this policy. Park Benches, Bicycle Racks, Picnic Tables, Drinking Fountains: Park benches, bicycle racks, picnic tables, drinking fountains, and playground equipment may be sited in locations approved by the Public Works Director or Designee. Items donated must be of a product approved by the City, and these items become City property upon installation. Trees: The size and species of tree or trees donated shall be limited to those determined by the City and placement must be approved by the Public Works Director or Designee. Trees will be warranted for three years by the City. Other Donations: There may be other donations possible, other than those expressly listed or contained within this policy. The City may accept those donations subject to a review by the City Council, City Administrator or Designee. Maintenance: Donated park elements and/or their associated donation and acknowledgement, become City property. Accordingly, the City has the duty to maintain the donation only for the expected life cycle of the donation. The City accepts no liability for damage from vandals, third parties or while carrying out maintenance activities. The City reserves the right to remove or alter any donated equipment, improvement(s) or memorials that have been damaged or in the case of a living tree/bush/plants are dead. The Public Works Director will determine if an items should be removed due to beyond repair or death. Repair: The community has an interest in ensuring that all park elements remain in good repair. In addition, the public has an interest in ensuring that the short and long-term repair costs are reasonable. Repair parts and materials must be readily available. Donated park elements must be of high quality to ensure a long life, be resistant to the elements, wear and tear, and to acts of vandalism. The City reserves the right to remove or alter any donated equipment, improvement(s) or memorials that have been damaged and is, in the view of the Public Works Director beyond repair. PROCEDURE FOR MAKING A DONATION Application: the donor shall complete an application form, which will be submitted to the City Administrator or Designee for consideration. City Council will take final action on all donations; to accept by resolution per Minnesota State Statute 465.03, or not to accept all donations. CONDITIONS Installation: Installation of donated park elements, including the donor acknowledgement/ memorial plaques will be completed by the City in the location as approved by the Public Works Director or Designee. The installation shall be scheduled at a time and date so as not to unnecessarily interfere with routine park maintenance activities and/or use by the public for scheduled events. Policy adopted by the City Council of the City of Centerville, Minnesota this _____ day of ______________, 2022. CITY OF CENTERVILLE PARKS, TRAILS, AND RECREATION DONATION AND MEMORIAL APPLICATION Name of Donor: _______________________________________________________________ Address of Donor: _____________________________________________________________ Phone Number: ________________________________________________________________ Email: _______________________________________________________________________ Description of Donation: _________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Desired Location of Donation: ____________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Projected Required Maintenance, if known: __________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Wording on Memorial Acknowledgement (if any): ____________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Monetary Amount of Donation: ___________________________________________________ If space is limited above, include necessary information in an attached letter describing the donation and how the proposed donation meets the applicable criteria outlined in the City Parks, Trails, and Recreation Donation and Memorial Policy. Donor: ____________________________________ Date: _________________________ CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: August 10, 2022 Parks & Recreation VII.6 TITLE OF ISSUE: Preferred Emerald Ash Borer Treatment Provider - Rainbow Tree Care (Requests for Proposals) BACKGROUND AND SUPPLEMENTAL INFORMATION: Upon requesting proposals from several tree service providers who provide services for treating Ash trees, the Committee felt that they wanted to offer to the residents of Centerville a firm that would provide educational information, treatment options, etc. at a reduced rate in exchange for the City's marketing of them. Numerous local communities have and are participating in similar programs. The Committee has completed a large amount of research regarding this issue. (Inspection of parks, working with the Public Works Director, potential/infestation on their own properties, noticeable infestation throughout the community and consideration of diversification/future planning for new growth). Rainbow Tree Care has been chosen by the City for a pilot treatment program and is currently treating 21 trees located behind City Hall and within parks. The Committee has requested that the agreement run from 8/1/2022-8/1/2023 but is willing to accept it as written 2022-2023. COST AND SOURCE(S) OF FUNDING: N/A REQUESTED COUNCIL ACTION: Motion to adopt the request for proposal submitted by Rainbow Tree Care for offering services to the City's residents for 2022-2023 with the caveat that if Rainbow agrees to modify their RFP to state 8/1/2022-8/1/2023 same would be accepted. For ClerkÓs Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ Vote Record: Aye Nay _____ _____ RFP Other (specify) ____________ _____ _____ _____ _____ _______________________________________________________________ _____ _____Ki _____ ____________________________________________________________________ Administration Department Use: Refer to: _________________________________ Consent Tabled Until: ______________________________ Regular Other: ___________________________________ CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: August 10, 2022 Administration I TITLE OF ISSUE: Alternative Trail Design - Old Mill Estates BACKGROUND AND SUPPLEMENTAL INFORMATION: Some time ago, the Council discussed the possibility of moving a portion of the planned bituminous trail adjacent to 1844 Old Mill Court to a boardwalk that would run through the wetland and pull the trail away from the home to enhance privacy. After researching and pricing out the boardwalk option, it became clear that it would be cost-prohibitive. The homeowner is now proposing to move the retaining wall about 4 to 5 feet, right at the edge of the wetland, again with the goal of pulling the trail further from the home. In addition, the homeowner would like the council to consider narrowing the trail for additional separation. Options are shown on the attached drawings. COST AND SOURCE(S) OF FUNDING: No cost to the city. REQUESTED COUNCIL ACTION: Motion to approve the revised trail layout to allow for Option ___ as shown on the attached figure and authorize city staff to record a revised easement encompassing the new trail location. 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: ___________________________________ CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: August 10, 2022 Administration/Legal VIII.2 TITLE OF ISSUE: Purchase Agreement Cancellation - Centra Homes BACKGROUND AND SUPPLEMENTAL INFORMATION: Centra Homes (Centra North, LLC) has informed the city that they are no longer pursuing a project on Block 7, siting changing market conditions and rising material and labor prices. COST AND SOURCE(S) OF FUNDING: Centra forfeits Earnest Money of $1. REQUESTED COUNCIL ACTION: Motion to adopt resolution 22-0XX Terminating Real Estate Purchase Agreement with Centra North, LLC. 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: ___________________________________ CITY OF CENTERVILLE COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION #22-____ A RESOLUTION TERMINATING REAL ESTATE PURCHASE AGREEMENT WITH CENTRA NORTH, LLC WHEREAS, the Centerville City Council approved a Real Estate Purchase Agreement with Centra North, LLC, on August 11, 2021, to sell lands owned by the City. WHEREAS, Centra backed that Purchase Agreement with earnest money held by the City. WHEREAS, the parties worked diligently and in good faith to produce land use approvals, site plans, and permits to create a multi-unit townhouse development on the lands. WHEREAS, on or about July 29, 2022, Centra notified the City that due to deteriorating market conditions, they desired to terminate the Purchase Agreement. In exchange for termination of the Purchase Agreement, Centra agreed to forfeit their earnest money backing the Purchase Agreement and grant ownership of those moneys to the City. NOW, THEREFORE, BE IT RESOLVED, that for good cause shown, the Centerville City Council does hereby, accept the termination of the Real Estate Purchase Agreement with Centra North, LLC, on the condition that earnest monies are forfeited in favor of the City and does accept those funds on behalf of the City. th PASSED AND DULY ADOPTED this 10 day of August 2022 by the City Council of the City of Centerville. ________________________________ D. Love, Mayor Attest: ____________________________________ Teresa Bender, City Clerk Mark Statz From:David Pattberg <david.pattberg@centrahomes.com> Sent:Friday, July 29, 2022 3:15 PM To:Mark Statz Cc:Carla Dunham; Tom Hart Subject: Sorel Quarter Caution:Thisemailoriginatedoutsideourorganization;pleaseusecaution. Mark Asyouknowwehavebeenstrugglingtofinalizethisdeal. Afteracomprehensivereviewofthelanddevelopmentwork,thetownhomebuildingsandreviewingoptionswithour contractors,wedonotseeawaytomakethisasuccessfulneighborhood.Unfortunately,weareexercisingourrightsin thePurchaseAgreementtoterminatetheagreement. Ultimately,wefoundthatoverthelastfewmonthscostshaveincreasedmuchmorethananticipated.Wehavenotonly seenHomeBuildingCostscontinuetorisebuttheLandDevelopmentCostshavebeenmuchhigherthanweexpected. Inaddition,NewHomePriceshavestartedtocomedown.WehavebeenwatchingtheNewTownhomemarketvery closelyandbuildersareloweringpricestocontinuetomakesales. Finally,InterestRateshavebeenincreasingandthusreducingthebuyer'sabilitytopurchasehomes. Thechallengeofhigherbuildinganddevelopmentcosts,alongwithdroppingsalepricescombinedwithrisinginterest rateshavecombinedtomakeSorelQuarternoteconomicallyviable. WeexpectthistobeadifficultmessagetosharewiththeCityCouncil.Wehaveappreciatedtheeffortthatyourselfand otherCityStaffhaveputintomakingthisaneighborhoodthatwouldmeettheCityVisionofanewDowntownandwe wishtheCitythebestofluckinthefutureoftheland. WeunderstandtheRealEstateindustryisasmallworldofprofessionalsandexpectourpathstocrossagain. Sincerely, ...Dave David Pattberg 763-772-1017 (ofc) www.CentraHomes.com To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. 1 CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: Bvhvtu!21, 2022 Administratio o VIII. TITLE OF ISSUE: BACKGROUND AND SUPPLEMENTAL INFORMATION: Uif!djuz(t!xfctjuf!sfeftjho!boe!npcjmf!bqq!bsf!xfmm!voefsxbz-!boe!DjwjdQmvt!ibt!tipxo!tubgg!b!esbgu!pg!uif! eftjho!boe!mbzpvu/!Tubgg!jt!qsftfoujoh!uif!esbgu!xfctjuf!up!dpvodjm!gps!uifjs!joqvu!boe!dpotjefsbujpo/!Up!nffu!uif! qspkfdu!mbvodi!ebuf-!tubgg!xjmm!offe!up!tvcnju!bqqspwbm!pg!uif!eftjho!boe!mbzpvu!po!ps!cfgpsf!Bvhvtu!2:/! Tubgg!jt!sfrvftujoh!bvuipsj{bujpo!up!bqqspwf!uif!xfctjuf!eftjho!boe!mbzpvu/! COST AND SOURCE(S) OF FUNDING: Already paid for - no cost at this time. QUESTED COUNCIL ACTION: Motion to!bvuipsj{f!tubgg!up!bqqspwf!uif!eftjho!boe!mbzpvu!gps!uif!ofx!xfctjuf/! 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: ___________________________________ Update 2022 10, Website AUGUST Layout & WebsiteDemo Design CP) add & day) account (full 7 13 9 Sept Developer 26 day, IOS 23 half September September 30 4 2 August (Create 19 16 19 Sept. September October Meeting: Approval: Mockup: day, September August August August Links: half launch GraphicMockupTest29 App s Approval: Meeting: Confirmation Approval: AppApp Aug. p e Deliverables:GraphicFinal Mobile t Reveal Launch& Dates: S MobileMobile AppAppApp Concept t x e Website DesignMobileReceiveMobileReceiveMobileTrainingWebsiteWebsite N END CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: , 2022 Administration/Engineering . TITLE OF ISSUE: Request for Encroachment Agreement - 7227 Clear Ridge (Raised Garden) - Front Yard BACKGROUND AND SUPPLEMENTAL INFORMATION: City Engineer Statz would not recommend the approval of the Agreement due to infrastructure installed within the drainage/utility easement, possibility of damage and necessity to gain access for (update, repair, etc.) COST AND SOURCE(S) OF FUNDING: N/A REQUESTED COUNCIL ACTION: Engineer Statz would not recommend approval. For ClerkÓs Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ Vote Record: Aye Nay _____ _____ Other (specify) ____________ _____ _____ _____ _____ _______________________________________________________________ _____ _____Ki _____ ____________________________________________________________________ Administration Department Use: Refer to: _________________________________ Consent Tabled Until: ______________________________ Regular Other: ___________________________________ Teresa Bender From:Mark Statz Sent:Saturday, July 9, 2022 11:36 AM To:Teresa Bender Subject:Fwd: July 11 Meeting Teresa, Please print this email to a pdf and include it in the packet with the encroachment agreement. Get Outlook for iOS From:D.Love<DLove@centervillemn.com> Sent:Saturday,July9,202210:20:33AM To:Jared<jgrawe82@gmail.com> Cc:MarkStatz<MStatz@centervillemn.com> Subject:Re:July11Meeting Thank you for reaching out and sharing your thoughts and perspectives with the Council. We do have a Public Comment Section on the Agenda, the Council would only be able to listen to you without asking questions or having a back and forth conversation. If you want to take advantage of this opportunity, please advise our City Staff. I will certainly utilize your email as a factor in helping to make the final decision. Stronger Together-Thank you: D. Love City of Centerville - Mayor 651-402-7753 On Jul 8, 2022, at 4:25 PM, Jared <jgrawe82@gmail.com> wrote: Caution: This email originated outside our organization; please use caution. Hello all, My name is Jared Grawe and I reside at 7227 Clear Ridge. Please forgive me if this is not the correct way to address my concerns as I am not aware of protocol for these matters. At the July 11 meeting on Monday an encroachment agreement involving my property will be on the agenda for you to decide whether or not it will be permitted. It is my intention to attend the meeting and seek to address the council directly but I have been informed that I may not be allowed to address the council members and I feel it is important you hear from me before making your decision. 1 I am requesting an encroachment agreement to be put into effect so that I may place a raised garden on the front side yard of my property. The reason I wish to place it there is the majority of my property is surrounded by older growth trees and gets very little sun throughout the day. The place I have selected is the only area that gets the consistent sunlight needed to grow garden vegetables. And it is because of that consistent sunlight last year that all of the grass in that area of my property died during the drought we experienced that summer. This prompted me to seek an alternate solution to maintaining that portion of my property. My plan is to use decorative rock around the garden and plant drought resistant plants and/or shrubs which will look nice and allow me to use less water for future maintenance. I have worked with city employees to assess the location and I have been informed that they will be recommending the encroachment agreement not be approved. While I disagree with their recommendations I do respect their opinion and the authority of the council and I will abide by whichever decision you reach. I designed the garden to be completely modular so that it can easily be disassembled to a position that would be out of the easement area within an hour. If there would ever require any work to be done on the utilities in the area in question digging equipment would be required and any garden dirt would easily be moved in the same manner as the soil already covering the utilities. Utilities that are buried underground as these are, almost never require emergency repairs unless a catastrophic incident would occur. The utilities located in the area in question are electric and phone/cable so that would eliminate the possibility of there being a water main rupture that the garden could potentially be in the way of. As well as the unlikelihood of these utilities needing to be serviced, they are not main line utilities and only service my house specifically. The neighbors utilities that are at the same junction box run in a different direction and would not be affected by the garden placement. All mainline utilities run through the Road Right of Way which the garden would not interfere with. In addition to these reasons it is my understanding that any costs that the city may incur in one of these extremely rare scenarios would be my responsibility and would not affect the city budget. Additionally, I feel like the large trees and their root systems immediately adjacent to the garden would present a much larger problem to city workers or contractors should a need to work in that area arise. I feel that I am not asking for special treatment as I have identified several other properties in Centerville which have gardens or hardscapes, including large boulders, located in a fashion similar my proposed position; or that are located within the Road Right of Way which I have been informed is similarly almost never allowed by the City. Below are a few addresses I have found for your review. Please note that I am not identifying these properties for future concerns if my encroachment agreement is not approved but only to show that I am not seeking special treatment. 1. 1659 Lakeland Cir. 2. 1681 Lakeland Cir. 3. 1814 Main Street 4. 1915 Eagle Trail. 5. 1953 Eagle Trail. 6. 1955 Eagle Trail. 7. 1934 72nd Street. 8. 7261 Mill Road. 9. 7262 Centerville Road. 10. 7248 Centerville Road. 11. 7291 Old Mill Road. 2 12. 7383 Old Mill Road. 13. 7316 Briar Drive. 14. 7328 Briar Drive. 15. 7316 Briar Drive. I am also attaching photos of the garden and its placement so you can see the modular design and the quality of the garden I have constructed. As I stated earlier It is my intention to plant small drought resistant plants around the garden and I also intend to add hanging planters with flowers and plants that are natural insect repellents so as not to need to use chemical repellents to protect the plants. Finally, I would like to state that though I do not agree with the findings of Mr. Mark Statz and his team of Ms. Teresa Bender and Mr. Dan Schmitz, I am very grateful for their professionalism, kindness and willingness to help me through this process. They are truly excellent people that care about this city and the people who live here. Respectfully, Jared Grawe 7227 Clear Ridge Centerville, MN 55038 The linked image cannot The linked image cannot be displayed. The file may be displayed. The file may have been moved, have been moved, renamed, or deleted. renamed, or deleted. Verify that the link points Verify that the link points to the correct file and to the correct file and location.location. 3 Teresa Bender From:Jared Grawe <jgrawe82@gmail.com> Sent:Friday, July 1, 2022 3:37 PM To:Teresa Bender Subject:7227 Clear Ridge drawing update Caution: This email originated outside our organization; please use caution. Hi Teresa, Sorry this took so long to get back to you. My work has been crazy busy. A. Is the southeast corner of the garden and is 1 foot 6 inches from the edge of the easement. B. Is the northeast corner of the garden and is 2 feet 8 inches from the edges of the easement. C. Indicates that the garden is parallel and 2 feet from the property line. D. Indicates that the east edge of the garden is 34 feet 2 inches from the edge of the house. Have a happy 4th!! 1 ENCROACHMENT AGREEMENT AGREEMENT (ÐAgreementÑ) was made this ____ day of July, 2022 by and between the CITY OF CENTERVILLE, a Minnesota municipal corporation (ÐCityÑ), and Laura B. Grawe, Trustee and Jared M Grawe, Trustee, a married couple, married to each other (ÐLandownersÑ). RECITALS A. Landowner owners in fee as tenants to the real property situated in Anoka County, Minnesota, legally described as follows (ÐSubject PropertyÑ): PIN #26-31-22-22-0056 LOT 17, BLOCK 1 7227 Clear Ridge LÓALLIER ESTATES PLAT 2, EX RD, SUBJ TO EASE OF REC B. Landowners seek permission to install a raised garden within the CityÓs drainage/utility easement in the front yard as follows: encroaching the CityÓs 10Ó easement by 8Ó 6Ñ with the front of the raised gardenÓs southeast corner, commencing through the easement to the raised gardenÓs northeast corner encroaching the CityÓs 10Ó easement by 7Ó 4Ñ. The raised garden will be installed north of the driveway located on the parcel. NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES AGREE AS FOLLOWS: The City hereby grants Landowners permission to encroach into the CityÓs right-of-way/drainage and utility easement(s) to the extent indicated on page one (1) of this agreement and the attached EXHIBIT ÐAÑ. 1 2. Nothing in this Agreement shall be deemed an abandonment, vacation or waiver of the CityÓs interest in the right-of-way/drainage and utility easement(s). 3. Landowners, for themselves, their heirs, successors and assigns, hereby agree to defend, indemnify and hold the City harmless from all costs and expenses, claims and liability, including attorney fees, relating to or arising out of the grant to Landowners permission to encroach into the CityÓs right of way/drainage and utility easement(s) as stated previously. Landowners further agree to indemnify and hold the City harmless from any damage caused to the Subject Property as a result of maintenance of the CityÓs right of way/drainage and utility easement(s), including any damage to the raised garden caused in whole or part by the encroachment into the CityÓs right of way/drainage and utility easement(s) as stated previously. 4. The City does not warrant title or guarantee the continuing right of Landowners to maintain the raised garden in the CityÓs right of way/drainage and utility easement(s) as stated previously. 5. Landowners may not replace the raised garden in the CityÓs right of way/drainage and utility easement(s), as stated previously, if the raised garden is damaged more than fifty percent (50%) of its fair market value, as measured immediately prior to the damage. 6. The City may direct removal of the raised garden, at the LandownersÓ sole cost and expense, upon thirty (30) days written notice if the City determines that the raised garden will interfere with said CityÓs use of easement(s) or it may cause upstream problems or property damages or property damage or if Landowners have failed to comply with any City requirements associated with the encroachments. If the removal is not completed by Landowners within the time prescribed, the City may remove the encroachments at LandownersÓ expense and Landowner agrees that the City may collect the costs of such removal as a special assessment against the 2 property. Landowner specifically waive the requirements for public hearings associated with any assessment. 7. This Agreement shall run with the land and shall be recorded against the title to the Subject Property. CITY OF CENTERVILLE By:___________________________ D. Love, Mayor By:______________________________ Teresa Bender, City Clerk PROPERTY OWNER By:______________________________ Laura B Grawe, Trustee PROPERTY OWNER By:______________________________ Jared M Grawe, Trustee STATE OF MINNESOTA ) )ss. COUNTY OF ANOKA ) The foregoing instrument, having been duly adopted and approved by vote of the City Council of Centerville, Minnesota, at a meeting held the _____ day of ________, 2022 was acknowledged before me this ____ day of __________, _____, by D. Love and Teresa Bender, Mayor and City Clerk, respectively, of the City of Centerville, a Minnesota municipal corporation. ______________________________ Notary 3 STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this ____ day of July, 2022, Laura B Grawe, Trustee and Jared M Grawe, Trustee a married couple, married to each other (ÐLandownersÑ). ______________________________ Notary DRAFTED BY CITY OF CENTERVILLE 1880 Main Street Centerville, MN 55038 4 CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: August 10, 2022 Administration IX.2 TITLE OF ISSUE: MetroCitites - Local Government Aid Letter BACKGROUND AND SUPPLEMENTAL INFORMATION: MetroCities is seeking support for a letter addressed to the State's executive and legislative branches, urging them to take action on Local Government Aid proposals, previously discussed. COST AND SOURCE(S) OF FUNDING: No cost to the city. REQUESTED COUNCIL ACTION: Motion to authorize the Mayor to sign the attached letter, expressing the city's support of this initiative. For ClerkÓs Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ Vote Record: Aye Nay _____ _____ Letter Other (specify) ____________ _____ _____ _____ _____ _______________________________________________________________ _____ _____Ki _____ ____________________________________________________________________ Administration Department Use: Refer to: _________________________________ Consent Tabled Until: ______________________________ Regular Other: ___________________________________ July26,2022 DearGovernorWalz,LieutenantGovernorFlanaganandLegislativeLeaders: First,wewishtothanklegislatorsforundertakingananalysisofthestatelocalgovernmentaid (LGA)formulaandappropriationlevelduringthe2022legislativesession.Weunderstandthat formulamodificationswererecommendedbycityassociationsthatwouldhaveupdatedtheaid formulatoensureitcontinuestoadequatelyreflectcityneeds.Localgovernmentaidisavery importantsourceofrevenuetothecitiesweserve,andafundamentalcomponentofthestate andlocalfiscalpartnershipthatourcitiesdependupon. Areviewof2023aidestimatesshowsourcitieswilllosesignificantlocalgovernmentaidin 2023withoutmodificationstocurrentlawandtwowilllosedistributionsofapproximately$1 millioneach,entirely.Theseareprecipitouslossesthatwillcreateadverseconsequencesfor localservicesandtaxlevies.InourreviewboththeLGAproposaladvancedbytheHouseanda ͷŷƚƌķŷğƩƒƌĻƭƭ͸billconsideredbytheSenatewouldhavepreventedsomeofthesteep reductionsthatwilloccurin2023withoutastatutoryadjustmentthisyear. Asarule,oldersuburbancommunitiesarenotpropertytaxwealthy,andtheyhaveagingand diversepopulationsaswellasaginginfrastructure.Theserequirehigherlevelsofservicesand publicinvestments.Ourcommunities,likeothers,arealsoaddressingacutelaborshortages, particularlyinpublicsafetypersonnelthatrequiresadditionalresourcestoaddress.Ourcities arealsoexperiencingquicklyrisingcostsduetoinflation,whichaffectseveryaspectofthe servicesourcitiesprovide.Absentachangetotheaidformula,citieswilllikelybeforcedto significantlyincreasepropertytaxlevies,atatimewhenresidentsmayleastbeabletoaffordit. ofaddressing Asyouconsiderholdingaspecialsession,wewouldaskthatyoukeeptheissue thelocalgovernmentaidformulaattheforefrontofyourconsiderations.Withoutalegislative change,manycitieswillbesignificantreductionsinaid.Oncethoseaidreductionsoccur,they willbeverydifficulttoaddressorcorrectforinthefuture.Thisisanurgentissuethatweask youtogiveyourattentiontothisyear. Localgovernmentsvalueanddependuponastrongfiscalpartnershipwiththestate,andwe thankyouforyourattentiontoourconcerns.Wewouldbehappytodiscussourconcerns furtheratanytime. Sincerely, CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: August 10, 2022 Administration/Engineering IX.3 TITLE OF ISSUE: City Hall Campus Landscape Improvements BACKGROUND AND SUPPLEMENTAL INFORMATION: The master plan for the city hall renovation project included a "Phase III", which would make an interior connection between city hall and the fire station. Without this connection, there is no way for someone to walk between the front door of the fire station and the front door of city hall. At a minimum, this connection should be made with a sidewalk. A more comprehensive landscaping project in city hall's "front yard" (see attached sketch) could address some additional functionality issues, such as pedestrian access and safety, while also adding aesthetic value to the campus and Main Street. If the council is interested in pursuing the larger project, staff would solicit design-build proposals for consideration. COST AND SOURCE(S) OF FUNDING: Rough estimates; $10,000 - $150,000, depending on the level of complexity. Excess Fund Balance (Gen. Fund) REQUESTED COUNCIL ACTION: Motion to direct staff to solicit design-build proposals from landscaping contractors. For ClerkÓs Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ Vote Record: Aye Nay _____ _____ Letter Other (specify) ____________ _____ _____ _____ _____ _______________________________________________________________ _____ _____Ki _____ ____________________________________________________________________ Administration Department Use: Refer to: _________________________________ Consent Tabled Until: ______________________________ Regular Other: ___________________________________ August 1, 2022 The Honorable D. Love Mayor, City of Centerville 1880 Main Street Centerville, MN 55038-9701 RE: May 26, 2022, Notice of Violation - Completion of Corrective Actions Dear Mayor Love: This letter acknowledges that the city of Centerville (Regulated Party) has completed the corrective actions described in the Minnesota Po) May 26, 2022, Notice of Violation. On June 24, 2022, the Regulated Party submitted a response to the NOV. Based upon this information, the MPCA staff has determined that all corrective actions contained in the NOV have been completed. The NOV and the Regulated Party response will remain on record at the MPCA. The response does not preclude the MPCA from taking further action with respect to the violation(s) listed in the NOV. If you have any questions, please contact Carlee Kjeldahl at 651-757-2171 or carlee.kjeldahl@state.mn.us. Thank you for your attention to this matter and your cooperation in fulfillment of the requirements. Sincerely, Carlee Kjeldahl ŷźƭ ķƚĭǒƒĻƓƷ ŷğƭ ĬĻĻƓ ĻƌĻĭƷƩƚƓźĭğƌƌǤ ƭźŭƓĻķ͵ Carlee Kjeldahl Environmental Specialist Municipal Division CK:rc cc: Mark Statz, City of Centerville Michelle Janson, Attorney, MPCA Duane Duncanson, MPCA Brian Green, MPCA Deborah Klooz, MPCA Activity ID NON20220001 @ 90797 ƷΏĻƓŅΏǝźźźΏЊ Ι \[. ЊЉЏБ Ι ЊЉΉЋЌΉЋЉ