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2022-09-14 CC Packet - (Revised)
CITY OF CENTERVILLE CITY COUNCIL MEETING & CLOSED EXECUTIVE SESSION AGENDA Wednesday, September 14, 2022 6:30 p.m. Meeting Live Streamed at: https://northmetrotv.com/centerville-stream/ SET AGENDA = Red 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 HEARINGS 1. None VI. APPROVAL OF MINUTES 1. June 21, 2022 Work Session & City Council Meeting Minutes 2. July 11, 2022 City Council Meeting Minutes 3. July 27, 2022 Work Session & City Council Meeting Minutes 4. August 10, 2022 City Council Meeting Minutes VII. CONSENT AGENDA 1. City of Centerville Claims through September 9 14, 2022 (to be sent under separate cover) (Check #35350-35397) (E1942-1944E) & Voided Check #35333 2. Centennial Lake Police Department Claims through September 8, 2022 (Check #14448-14470), (E2022064-2022069) & Payroll (Check #14444-14447) 3. Res. #22-0XX - Apply Park and Recreation Expenditures to Charitable Gambling Proceeds 4. Election Judge Pay VIII. OLD BUSINESS 1. Plans and Specifications for City Hall Parking Lot Lighting 2. Purchase Agreement with Schifsky Companies IX. NEW BUSINESS 1. None 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. RECESS REGULAR COUNCIL MEETING XII. CLOSED EXECUTIVE SESSION This session is closed to the public. The purpose of this closed session is to determine the asking price for real property to be sold by the City, namely Block 7, in downtown Centerville; and to develop offers or counteroffers for the sale of that real property. The Closed Session will be recorded for later review and is authorized by Minn. Stat. §13D.05, subd. 3(c). XIII. RECONVIENE REGULAR COUNCIL MEETING XIV. ADJOURNMENT INFORMATIONAL MATERIAL Speaker of the House, Melissa HortmanÓs Thank You & Update LGA REMINDERS All meetings begin at 6:30 PM unless otherwise noted Planning and Zoning Commission Î Tuesday, September 13, 2022 EDA Î Wednesday, September 21, 2022 City Council Î Wednesday, September 28, 2022 (5:00 Workshop/6:30 Mtg) Parks and Recreation Committee Î Wednesday, October 5, 2022 CITY OF CENTERVILLE WORK SESSION AND CITY COUNCIL MEETING JUNE 21, 2022 5.00 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled City Council Work Session meeting on June 21, 2022 in Council Chambers of City Hall and also live streamed by North Metro TV. WORK SESSION (5:00 PM) I. CALL TO ORDER Mayor D. Love called the meeting to order at 5:02 p.m. II. Roll Call Not Approved PRESENT: Mayor D. Love Council Member Steve King Council Member Russ Koski (Arrived at 5:02 p.m.) Council Member Darrin Mosher Council Member Michelle Lakso Junior Council Member Danny Peterson (Non-Voting) ABSENT: City Attorney Kurt Glaser STAFF: City Administrator Statz Finance Director DeJong III. ITEMS OF DISCUSSION 1. Population 5,000 Initial Discussion (Item was moved from Item #2) Administrator Statz reviewed discussions held during CouncilÓs retreat regarding this item. He stated that the impetus to the discussion was the proposal of an apartment building. Additional items discussed were: city services, state aid, lower taxes, better parks, new businesses, pros and cons of population size over 5,000, development of the Vickers property and other locations in Centerville, high/medium/low density areas and senior housing. 2. 2023 Preliminary General Fund Budget (Item was moved from Item #1) Finance Director DeJong reviewed the Preliminary Budget. Discussion ensued regarding debt services, interest rates on debt, special assessments and payoffs, debt levy, state aid/(LGA), whether or not they should increase the levy, police and fire department increases, and interest rates on bonds. 3. Centerville Cares City of Centerville City Council Work Session & Meeting Minutes June 21, 2022 A new topic that was added to the City AdministratorÓs Report was ÐCenterville CaresÑ and items to address in the future with political issues being refrained from and lighter issues being addressed (i.e. food shelves, programs associated with rental assistance, etc.) IV. ADJOURNMENT Mayor Love adjourned the meeting at 6:25 p.m. allowing a five (5) minute recess prior to the regularly scheduled Council meeting. COUNCIL MEETING I. CALL TO ORDER Mayor D. Love called the meeting to order at 6:30 p.m. ROLL CALL PRESENT: Mayor D. Love Not Approved Council Member Steve King Council Member Russ Koski Council Member Darrin Mosher Junior Council Member Danny Peterson (Non-Voting) ABSENT: Council Member Michelle Lakso STAFF: City Administrator Mark Statz City Attorney Kurt Glaser II. PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA Mayor Love provided an opportunity for others to add or delete any items. Motion by Council Member Koski, seconded by Council Member Lakso to Approve the Agenda as presented. All in favor. Motion carried. IV. APPOINTMENTS/PRESENTATIONS 1. M. Health Fairview Ambulance Service Î Annual Report Mr. Kevin Kane reviewed the M. Health Fairview Annual Report included in Council packet. He answered questions regarding the report and stated that they are now meeting quarterly with Spring Lake Park/Blaine/Mounds View (SBM) Fire rather than previously meeting with Centennial Fire District on a monthly basis. Administrator Statz stated that the City has a choice of service providers, previously chose Allina and has now contracted with M. Health. He stated that they rent a space in the fire Page 2 of 6 City of Centerville City Council Work Session & Meeting Minutes June 21, 2022 station/bay and are parked in the rear of the building on a regular basis. He reported that this allows Centerville residents with very minimal response times and is an asset to the community. Mayor Love thanked Mr. Kane for the services being provided to the community by M. Health and the review of annual statisics. V. PUBLIC HEARINGS 1. None. VI. APPROVAL OF THE MINUTES 1. May 11, 2022 City Council Meeting Minutes (to be sent under separate cover) Motion by Council Member Koski, seconded by Council Member Mosher to Approve the May 11, 2022 City Council Meeting Minutes as presented. All in favor. Motion carried. VII. CONSENT AGENDA Mayor Love provided an opportunity for others to add or delete any items. Council Member King requested that Item #3 be removed for discussion. 1. City of Centerville Claims through June 22, 2022 (Check #35162-35187), (1898E-1903E) & Voided Check #35055, 35056, 35060, 35074, 35075, 35079, 35090, 35093 & 35096 2. Centennial Lake Police Department Claims through June 16, 2022 (Check #14357-14365) & (E2022044-E2022047) 3. Centennial Fire District Claims through June 14, 2022 (Check #9324-9332), Payroll (Check #9322-9323) & (E02022007) 4. North Metro Telecommunications Commission 2023 Budget Motion by Council Member Lakso, seconded by Council Member Mosher to Approve Consent Agenda Items #1, 2 & 4 as presented. All in favor. Motion carried. Council Member King stated that he had concerns regarding the Centennial Fire District Claims, WexBank, Check #9332. He stated that he had spoken with the Senior Account Clerk regarding the higher than normal amount for fuel costs which is was up approximately $500. He stated that he felt Council should be mindful of the added expenditures. Motion by Council Member King, seconded by Council Member Lakso to Approve Consent Agenda Item #3 as presented. All in favor. Motion carried. VIII. OLD BUSINESS 1. Revised Agreement with Rice Creek Watershed District for Waterbody/Channel Crossing Page 3 of 6 City of Centerville City Council Work Session & Meeting Minutes June 21, 2022 Administrator Statz stated at the previous meeting, Council approved an agreement Rice Creek st Watershed District (RCWD) to take over the maintenance of half of a culvert constructed under 21 Avenue associated with the Amazon project. He stated that the culvert conveys public water, not st AmazonÓs water Î ditch from 21 Avenue puts water into the culvert that puts it then into Rice CreekÓs channel area. He stated that approximately 15 feet of pipe would be added. Council Member Lakso asked about the length of the agreement. Administrator Statz stated was in perpetuity. Motion by Council Member Koski, seconded by Council Member King to Approve the Revised Agreement with Rice Creek Watershed District for Waterbody/Channel Crossing. All in favor. Motion carried. 2. 2022 Thin Overlay and City Hall Parking Lot Improvements Administrator Statz introduced Mr. Brandon Johnson, Stantec Consulting, to present the feasibility report. Administrator Statz reviewed the background to proposed project. He stated that 6 or 7 years ago, the City made the switch from sealcoating to thin overlays as a maintenance option for roadways. He reported that the thin overlay maintenance is more expensive but lasts two to three times longer and that results have been successful over the past years. a. Receive Feasibility Report Mr. Johnson reviewed the Feasibility Report included in CouncilÓs packet. He gave a brief overview stating that the thin mill and overlay project involved roadways within the Hunters Crossing and Pheasant Marsh developments along with the northern portion of Progress Road and a portion of Dupre Road north of the Pheasant Marsh development in the Center Oaks 2 development. He stated that contained in the report was adjusting structures (i.e., manholes, curbs and bituminous patching, repairing degraded areas and tailoring to what is needed. He reviewed the City Hall parking lot which consists of removing pavement, curb replacement, full depth reconstruction in the southwest corner, drainage channel improvements and installation of a pedestrian ramp in back of City Hall/Fire Department, lighting issues, and the cost of the project including street assessments for the thin overlay, the time line of the projects, and meeting MN State Statute 429 requirements. b. Res. 22-0XX Approving the Resolution Receiving the Feasibility Report and Calling for Public Hearing on Improvement Administrator Statz reviewed the resolution contained in CouncilÓs packet. Mayor Love asked if he was looking for a motion to accept this resolution. Administrator Statz concurred. Motion by Council Member Lakso, seconded by Council Member King to Approve the Res. #22- 018 - Receiving the Feasibility Report and Calling for a Public Hearing on Improvement. All in favor. Motion carried. IX. NEW BUSINESS 1. None. X. COUNCIL/ADMINISTRATOR ANNOUNCEMENTS Page 4 of 6 City of Centerville City Council Work Session & Meeting Minutes June 21, 2022 1. Administrator/Engineer Report Î Administrator Statz stated that he report was contained in CouncilÓs packet, that Amazon was closing shortly with all documents being recorded. He stated that it was anticipated that construction would commence around July 4 on site. He thanked City Attorney Glaser for being responsive while out of the country. He reported that it was anticipated that Centra Homes (Block 7) would be coming before Council for final approval shortly. He stated that there has been some difficulty work through the Federal Funding regulations regarding ownership/rental and the affordable portion of the CDBG requirements. Assistant City Administrator Lewis reported that emails were forwarded to local businesses regarding procurement opportunities with Amazon. She stated that the email contained a link where businesses could register, (www.supplierconnect.amazon.com). She also reported that she continues to work with CivicPlus regarding the CityÓs website redesign. Junior Council Member Peterson reported at the school is out. 2. Council Reports a. Lakso - Parks & Recreation Î Council Member Lakso gave no report. Anoka County Fire Protection Council Î Council Member Lakso gave no report. b. Koski - Planning & Zoning Commission Î Council Member Koski stated that the Commission met on June 7, had a lengthy discussion regarding population 5,000 goals. He stated that it was the CommissionÓs desire to continue discussions regarding the item going forward. Fire Steering Committee Î Council Member Koski stated that the meeting would be taking place on July 21, 2022. c. King Î Economic Development Authority Î Council Member King gave no report. Fire Steering Committee Î Council Member King gave no report. d. Mosher - Economic Development Authority Î Council Member Mosher stated that the meeting was cancelled. Police Governing Board Î Council Member Mosher gave no report. e. Love - Mayor Love state that Ms. Lonni Olson and Centennial Lakes Police Officer Steffen organized the first Scout bike ride for the summer. He stated that an additional ride would be taking place on July 17, 2022, starting at 6 p.m. commencing at St. GenÓs parking lot. Page 5 of 6 City of Centerville City Council Work Session & Meeting Minutes June 21, 2022 North Metro Telecommunications Commission Î Mayor Love stated that the Commission has a busy summer schedule covering graduations, City festivals, parades, USA Soccer, etc. He reported that the news team has been busy with the elections, closed caption equipment installation progress, receipt of franchise fees/PEG fees with same being slightly decreased. He thanked Executive Director Arnson for the CommissionÓs dedicated services provided to the community. Police Governing Board Î Mayor Love gave no report. Other Mayoral Reports Î Mayor Love gave no report. XI. ADJOURNMENT Motion by Council Member Koski, seconded by Council Member King to Adjourn the Regularly Scheduled Council Meeting at 7:57 p.m. Respectfully submitted by City Clerk, Teresa Bender. Page 6 of 6 CITY OF CENTERVILLE CITY COUNCIL MEETING July 11, 2022 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled City Council meeting on July 11, 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 Council Member Russ Koski Council Member Darrin Mosher Junior Council Member Danny Peterson (Non-Voting) ABSENT: Council Member Michelle Lakso STAFF: City Administrator Mark Statz City Attorney Kurt Glaser II. PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA Mayor Love provided an opportunity for others to add or delete any items. Mayor Love stated that Council received a Public Comment Sign-Up Sheet for Mr. Jared Grawe, 7227 Clear Ridge and that he would be added under Appointments and Presentations. Administrator Statz stated that a modification had been made to Res. #22-0XX Î Appointing Election Judges for the 2022 Primary & General Election and that a replacement page was before them for consideration. Motion by Council Member King, seconded by Council Member Mosher to Approve the Agenda with the noted changes as presented. All in favor. Motion carried. IV. APPOINTMENTS/PRESENTATIONS 1. Jared Grawe, 7227 Clear Ridge Mr. Grawe addressed Council regarding an Encroachment Agreement on the agenda for consideration for the placement of a raised garden in his front/side yard. He stated he has been working with Administrator City of Centerville Council Meeting Minutes July 11, 2022 Statz and staff. He stated that Administrator Statz is not recommending approval but he would like to share his perspective and provide Council with insight as for the reasoning for its location and purpose. He stated he feels that Mr. Statz as Administrator, is doing his job to keep the cityÓs best interests in mind and to ensure that utilities have free access for repairs and maintenance. He stated that he would like to have the garden extend into the easement approximately seven (7) feet. He stated that there are three (3) utilities that have been identified in the easement through Gopher Locate: his own electric, cable, telephone with no direct City main lines. He stated that there is a junction box between his neighborÓs property and his and the garden is not near that box. He stated that the raised garden is easily removable as it is modular which would take approximately a half of a day to remove and a day to remove all dirt. He stated that he intended on hanging planters on the beams adding aesthetics. Mr. Grawe stated that the utilities that are in the road right-of-way service only his home and if there were a repair issue would only impact him and he understood the ramifications if the raised garden needed to be removed for repairs in the area. Mr. Grawe felt that Administrator Statz was being overly cautious by not recommending its approval. He also stated that he would like a decision this evening and would stand by it. Mayor Love thanked Mr. Grawe and stated that his item will be discussed under New Business later in the meeting. V. PUBLIC HEARINGS 1. 2022 City Hall Parking Lot and Thin Overlay Street Improvement Project. Administrator Statz reviewed the presentation and details of the project with Council. He stated that the public hearing was a requirement of law (Chapter 429) and it allows for the City to assess benefiting properties. He explained that Ms. Kellie Schlegel, Engineer, Stantec, would review the project, then the meeting would be opened for the public hearing and obtaining public comment. Following all opportunities for comment, the hearing would be closed. He explained that later in the meeting Council would have the opportunity to consider approving the plans and possibly authorizing the bid to begin the project as it is an Agenda Item. He stated that is the first of two public hearings required by the 429 process. He stated that the first hearing is to discuss the project scope. Ms. Schlegel reviewed the Thin Overlay portion of the project stating that roadways involved would be the Hunters Crossing and Pheasant Marsh developments along with one (1) block of Progress Road north of Main Street by the Elementary School. Ms. Schlegel also reviewed the replacement of the City Hall rd parking lot. Administrator Statz clarified that the project encompasses Hunters Crossing 2 & 3 Additions and small portion of Dupre Road outside of the Pheasant Marsh development. Lengthy discussion ensued which were conditions of the roads, project location, drainage, curb and gutters, cost of the project, funding for the roads and parking lot, special assessments, and the time frame for the project. Motioned by Council Member Koski, seconded by Council Member King to Open the Public Hearing for 2022 City Hall Parking Lot and Thin Overlay Street Improvement Project. All in favor. Motion carried. Mayor Love opened the public hearing at 7:25 p.m. Page 2 of 6 City of Centerville Council Meeting Minutes July 11, 2022 Administrator Statz read the policies and procedures of a public hearing and stated following all public comments or questions, Council would close the public hearing and make their recommendation/decision. Mr. Michael Martin, 1753 Dupre Road, thanked Council for considering how this would affect abutting property owners and the community along with planning for the future. He stated that he believes everyone is looking for good streets, safe communities and long term enrichment, but he believes that his roadway near his home, between two (2) ponds and on a corner, has significant structural issues that need to be addressed prior to an overlay and requested that it be considered with the scope of the project. Mayor Love asked Administrator Statz if this was part of extra work that was spoke about. Administrator Statz stated it was not contained in the current scope. He stated that he had received an email from Mr. Martin and followed up with Public Works Director Palzer, but Mr. Palzer was on vacation. Administrator Statz stated that he would be addressing the issue prior to the project taking place. Mr. Michael Conkey, 1852 Partridge Place, stated that he believed that new asphalt would only accelerate the speeds on the roadway. Mr. Conkey stated that he has concerns with the speed limit on the roadway, felt that it should be monitored more and that he had concerns for children in the area. Ms. Amber Anderson, 1779 Partridge Place, stated that upon receipt of the notice she felt it contained little information and was not in favor of the project. She stated since attending this evening, she supports the project but feels that underlying issues with roadways should be corrected prior to the overlay. She also stated that it is very important to notify the public of the project, timeline, etc. prior to starting the project. Mayor Love asked for additional comments from the audience, lacking any additional comments he requested a motion to close the public hearing. Motion by Council Member Koski, seconded by Council Member Mosher to close the public hearing at 7:36 p.m. All in favor. Motion carried. APPROVAL OF THE MINUTES 1. None. VII. CONSENT AGENDA Mayor Love provided an opportunity for others to add or delete any items. Mayor Love thanked all of the election judges and stated that he appreciated their dedication. 1. City of Centerville Claims through July 11, 2022 (Check #35188-35235), (1904E-1917E) & Voided (Check #35185, 35140 & 33585) 2. Centennial Lake Police Department Claims through July 7, 2022 (Check #14366-14390), (E2022048-2022052), & Payroll (Check #14372-14373) 3. Centennial Fire District Claims through July 12, 2022 (Check #9340-9346) & (Payroll Check #9337-9339) 4. Successful Performance Review, Mr. James Huisenga Î P.W. Maintenance Technician, Grade 6, Step 5 Page 3 of 6 City of Centerville Council Meeting Minutes July 11, 2022 5. Encroachment Agreement, 1829 Houle Circle Î Fence 6. Res. #22-0XX Î Appointing Election Judges for the 2022 Primary & General Elections Motion by Council Member Koski, seconded by Council Member King to Approve Consent Agenda with the handout associated with Item #6 as presented. All in favor. Motion carried. VIII.OLD BUSINESS 1. Res. #22-0XX Î Approving the Plans and Authorizing Bidding for the 2022 City Hall Parking Lot and Thin Overlay Street Improvements Project Administrator Statz stated that the resolution approves the plan and allows for receiving bids for the project. He stated that the bids would go out shortly. Discussion ensued as to fixing/removing the speed bumps, problems with the infiltrations and drainage between the ponds, seepage collars, lower the cost of storm sewers and the speed and safety issues. Motion by Council Member Mosher, seconded by Council Member Koski, to approve Res. #22-020 Î Approving the Plans and Authorizing Bidding for the 2022 City Hall Parking Lot and Thin Overlay Street Improvements Project, Council Member King asked how the project would proceed with issues that were brought forward. Administrator Statz stated that he would recommend proceeding forward with the project and if necessity for additional repairs they be completed by a separate contractor. He stated that Public Works Director Palzer would obtain a quote for repairs with receipt of them possibly prior to receiving bids. All in favor. Motion carried. IX.NEW BUSINESS 1. Request for Encroachment Agreement, 7227 Clear Ridge Î Raised Garden (Front Yard) Administrator Statz reviewed Mr. GraweÓs comments from earlier in the meeting and stated that the Code addresses structures, fences and landscaping in the front yard and nothing regarding raise garden beds. He stated that the Code address height of these structures not exceeding three (3) feet and Mr. GraweÓs garden posts exceed that height. Administrator Statz stated that he believe the raised garden fit the definition of a structure. Lengthy discussion ensued regarding height, location of the proposed garden, utilities, materials, structure versus raised garden, visual obstruction and City Code. Motioned by Council Member Koski, seconded by Council Member Mosher, to Table the Encroachment Agreement for 7227 Clear Ridge, Council Member Mosher stated that he felt that the raised garden should be outside of the road Page 4 of 6 City of Centerville Council Meeting Minutes July 11, 2022 right-of-way and moved back. All in favor. Motion carried. X. COUNCIL/ADMINISTRATOR ANNOUNCEMENTS 1. Administrator/Engineer Report Administrator Statz apologized for not completing the AdministratorÓs report and stated that it would be completed the following day. He reported that all escrow payment have been received from Amazon and that a pre-construction meeting would be occurring shortly. He stated that Fete des Lacs begins this week and almost all events are free. He reported that sponsorships were high this year and additional events have been added. Council Member Koski stated that Music in the Park would be taking place the following evening and that information for all events was available at: fetedeslacs.org or the Fete des Lacs Facebook. Assistant City Administrator Lewis stated that the website was moving along with the ÐmoodÑ board color palate being approved to match the colors in the City logo. She stated that swag bags had been filled and will be handed out at Music in the Park. Junior Council Member Peterson stated that Advanced Placement scores had be released and that he passed both of the ones he participated in. He stated that he may participate in the 5/8K this year. City Attorney Glaser provided an update regarding Centra Homes and Block 7. He stated some of the larger issues with the development have been the County regarding the setback from Centerville Road, Community Development Block Grant funding, etc. Council Reports a. Lakso Parks & Recreation Î No report was given due to absence. Anoka County Fire Protection Council Î No report was given due to absence. b. Koski Î stated that he had a brief discussion with a County Commissioner regarding speed limits on County roads. Planning & Zoning Commission Î Council Member Koski stated that the meeting was rescheduled. Fire Steering Committee Î Council Member Koski stated that the meeting was scheduled for July 21, 2022 with a meet and greet following the meeting. c. King Economic Development Authority Î Council Member King gave no report. Fire Steering Committee Î Council Member King gave no report. Page 5 of 6 City of Centerville Council Meeting Minutes July 11, 2022 d. Mosher Î stated that with Fete des Lacs if would be an eventful week. Economic Development Î Council Member Mosher gave no report. Police Governing Board Î Council Member Mosher gave no report. e. Love - stated that there has been a lot of discussion regarding speed limits on County roadways as there have been several accidents recently. He passed along his prayers to the individual involved in the most recent accident along with their family. He wanted to thank all sponsors and volunteers assisting with Fete des Lacs. He stated that there would be a community bike ride on Thursday evening at 6 p.m. and that they would meeting in the St. Gen. parking lot. He stated that he is proud of the community. XI. ADJOURNMENT Motion by Council Member Koski, seconded by Council Member Mosher to Adjourn the Regularly Scheduled Council Meeting at 8:32 p.m. Respectfully submitted by City Clerk, Teresa Bender. Page 6 of 6 CITY OF CENTERVILLE CITY COUNCIL WORKSESSION & COUNCIL MEETING July 27, 2022 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled City Council Work Session and City Council meeting on July 27, 2022 in Council Chambers of City Hall and the meeting was also live streamed by North Metro TV. Mayor Love attended the Work Session only via Zoom. COUNCIL WORK SESSION MEETING I. CALL TO ORDER Mayor Love called the meeting to order at 5:03 p.m. Not Approved ROLL CALL PRESENT: Acting Mayor Council Member Russ Koski Mayor D. Love (Via Zoom) Council Member Steve King Council Member Michelle Lakso Council Member Darrin Mosher Jr. Council Member Danny Peterson (Non-Voting) ABSENT: None STAFF: City Administrator Mark Statz Finance Director Bruce DeJong City Attorney Scott Baumgartner II. ITEMS OF DISCUSSION 1. Preliminary 2023 Budget Administrator Statz reviewed the 2023 Preliminary Budget in conjunction with Finance Director DeJong. A lengthy discussion ensued regarding the following items: inflation, budget line items, LGA, gambling, Fire Relief, the Fire and Police Department budgets, building revenue, fuel costs, escrows, park maintenance, staff wages (cost of living cola 3%), step increases for new hires, Fete des Lacs with offering more events/programs this year than past years, election wages for 2023 not being needed, engineering costs, liability insurance, a tax levy increase of 3.6%, liquor license revenue being lower than average due to COVID rebates, developments, accounting for overtime (Public Works and Administrative), flex work schedules, safety issues and etc. 2. Review of Assist. City Admin. Position Administrator Statz stated that this is not a review of the current staff member, Ms. Lewis, but the position itself, whether the position should remain, is the position worthwhile and does it have growth possibilities. City of Centerville Council Meeting Minutes July 27, 2022 Council Member King stated that it had not been enough time to consider the position as it was incepted eight (8) months prior. Several Council Members felt that additional time should be given to the position to realize the benefits and to ascertain whether the City AdministratorÓs position has been relieved of some of his responsibilities. It was also felt that controlling overtime and other benefits may be obtained in the future with the position being retained. Administrator Statz stated that delegation of EDA to Ms. Lewis and Parks & Recreation to Ms. Bender has been working very well. He stated that he is satisfied with the benefits of the position. 3. Downtown Redevelopment Strategies Administrator Statz suggested that with the attendance of Mr. Scott Baumgartner, that this item could be discussed following the regularly scheduled meeting if Council chose to recess the meeting and restart the Work Session at that time. 4. Cannabis Regulation Administrator Statz reviewed the memorandum presented from Attorneys, Glaser and Baumgartner, regarding city regulation, recent changes in law allowing the sale of certain edibles and beverages infused with the cannabis ingredient THC. Attorney Baumgartner reviewed three (3) option that were contained in the memorandum: 1. Council could adopt a moratorium prohibiting the expansion of cannabis sales (which would allow one (1) year to study the sales and utilize that time to create comprehensive cannabis regulations which would also afford the Legislature ample time to create state-wide cannabis regulations), along with the pros and cons; 2. The Council could adopt business regulations governing cannabis sales, along with the pros and cons; and 3. The Council could adopt an ÐInterimÑ cannabis regulations by issuing licenses with limited business sales. Discussion also took place regarding age limits under the new law. The consensus of Council was go with a moratorium. It was requested to be on the next Work Session for further discussion. Lengthy discussion was had by Council regarding the partnering of the City AttorneyÓs firm with other communities (Anoka and Andover) to see how they would be moving forward along with information from the League of MN Cities. III. ADJOURNMENT Acting Mayor Koski adjourned City Council Work Session at 6:27 p.m. allowing for a five (5) minute break prior to starting the regular City Council Meeting. COUNCIL MEETING I. CALL TO ORDER Acting Mayor Koski called the meeting to order at 6:34 p.m. Page 2 of 8 City of Centerville Council Meeting Minutes July 27, 2022 ROLL CALL PRESENT: Acting Mayor Russ Koski Council Member Steve King Not Approved Council Member Michelle Lakso Council Member Mosher Junior Council Member Danny Peterson (Non-Voting) ABSENT: Mayor D. Love STAFF: City Administrator Mark Statz City Attorney Scott Baumgartner II. PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA Acting Mayor Koski provided an opportunity for others to add or delete any items. Administrator Statz stated that there was a modification noted in red on the agenda. Additional checks were added and a voided (Check #35246) made to E. G. Rud & Sons. This was an error as the developer should make the payment. He noted that a citizen desired to address Council in open forum. Acting Mayor Koski stated that he would allow public comment Î Item IV, under Appointment and Presentations. Administrator Statz also added item #9 to the Consent Agenda regarding an Encroachment for 1812 Old Mill Court. Motion by Council Member Lakso, seconded by Council Member Mosher to Approve the Agenda with the noted changes, as presented. All in favor. Motion carried. IV. APPOINTMENTS/PRESENTATIONS Acting Mayor Koski asked if there was anything that needed to be read for public comment. Administrator Statz said no and we ask that the public keep their comments to 3-5 minutes long. There will be no back and forth comments. The Council will hear them out at this time. This was not an action item on agenda, so there is no action required. Ms. Karen Francois, 1735 Dupre Road, stated that she appreciated the opportunity to address Council and that she has never done so in the 17 years of living in Centerville. She stated that when the home was purchased there were violations per City Code regarding landscaping. She stated that a landscape plan was approved by the City and they planted needed trees. She stated that they have always had their trees professional trimmed every three (3) years during the appropriate season. She stated that on Monday, her neighbor was approached by the City tree trimmers or somebody that the City contracted. She stated that she and her husband were not, upon returning from work, Page 3 of 8 City of Centerville Council Meeting Minutes July 27, 2022 her maple tree had been damaged by the tree trimmers. She described the damage as a hole in the canopy in the tree. In her angry on Monday evening, she called the job a hack job and felt violated stating that this should never had happened. She stated that she is asking for four (4) things from Council: a public apology for the damage and the invasion, to have the City review their policy on tree trimming and consider notification to each homeowner, retraining for the person who makes the decisions to trim trees and recommends consulting with an arborist. Lastly, she would like the City to pay for their contractor to professionally trim the tree where the damage occurred. She was unsure of the cost and thanked Council for their time. Acting Mayor Koski stated he was caught off guard and asked if Council could have dialogue regarding the matter. Administrator Statz stated he did not know of this issue until he stepped out of the work session this evening. He stated our crews were out trimming trees around trails, sidewalks and right-of-ways in preparation of the plowing season. He stated that he would discuss the matter with the Public Works Director. Acting Mayor Koski apologized on behalf of Council stated that if there was an error on the CityÓs part. He stated that Staff would look into the matter. Administrator Statz stated that he would research the matter and contact Ms. Francois on the following day. He also stated that he would place the matter on CouncilÓs next agenda. V. PUBLIC HEARINGS 1. None. APPROVAL OF THE MINUTES 1. None. VII. CONSENT AGENDA 1. City of Centerville Claims through July 25, 2022 (Check #35236-35277), (E1918E-1923E) & Voided (Check #35426, 35247 & 35195) 2. Centennial Lake Police Department Claims through July 21, 2022 (Check #14393-14414), (E2022053-E2022056) & Payroll (Check #14391-14392) 3. Centennial Fire District Claims through July 26, 2022 (Check #9347-9354) & (E2022008-2022009) 4. Alexandra House Request for Funding 5. Accepting Resignation of Planning and Zoning Commissioners 6. Appointment of Planning and Zoning Commissioners 7. Encroachment Agreement (Fence) - 7111 Brian Drive 8. Special Event Î Private Property (Centerville Elementary School), August 31, 2022 9. Encroachment Agreement (Approach & Parking Pad) Î 1812 Old Mill Court) Acting Mayor Koski pulled items 4, 5 & 6 for discussion. Page 4 of 8 City of Centerville Council Meeting Minutes July 27, 2022 Motion by Council Member Lakso, seconded by Council Member Mosher to Approve the Consent Agenda its 1, 2, 3, 7, 8 and 9, as presented. All in favor. Motion carried. Item # 4 - Acting Mayor Koski stated that annually the City contributes to the Alexandra House and thanked them for their services. Item #5 - Acting Mayor Koski stated Ms. Linda Broussard-Vickers and Mr. Nick Twohy have resigned from the Planning & Zoning Commission. He thanked them for many years of dedication services. Item #6 - Acting Mayor Koski stated two (2) candidates applied for the Planning & Zoning Commission vacancies and Ms. Gloria Semmelink and Mr. Bruce Thompson were interviewed and recommended for appoint to the Commission. He welcomed them. Motion by Council Member Lakso, seconded by Council Member King to Approve the Agenda Items #4, 5 & 6, as presented. All in favor. Motion carried. VIII.OLD BUSINESS 1. Request for Encroachment Agreement, 7227 Clear Ridge Î Raised Garden (Front Yard.) Administrator Statz stated that the resident at 7227 Clear Ridge has asked to table this request. Administrator Statz stated that this item should have been removed from the agenda. Brief discussion ensued regarding the item. Motion by Council Member Lakso, seconded by Council Member Mosher to Table the Request for Encroachment Agreement, 7227 Clear Ridge Î Raised Garden (front yard). All in favor. Motion carried. IX. NEW BUSINESS 1. Res. #22-0XX Î Assigning Special Assessment to Fund 353 Finance Director DeJong reviewed the resolutions intent, stating that some bonds were paid/refunded which were for street projects that had special assessment associated with them. He requested that a transfer be made accounting for those to Fund 353 and apply the special assessment fund to pay down additional bonds which would reduce the tax levy in the future. He stated that there were approximately $80,000 of special assessments that remained outstanding and it was discussed at the last budget meeting. He stated that without using this money, we would have to increase the debt service levy. He stated that with this action, the debt levy budget line item would be reduced by roughly $18,000. Acting Mayor Koski asked whether this was acceptable practice and Finance Director DeJong stated that if nothing was done, the funds would remain in the general fund and transfers would Page 5 of 8 City of Centerville Council Meeting Minutes July 27, 2022 need to be made. A brief discussion ensued as to how much longer assessments will be coming in funds 348, 349, 352 and 351, transferring of funds and when funds can be used for other funds or levy reduction. Motion by Council Member King, seconded by Council Member Mosher to Approve Res. #22-0XX Assigning Special Assessments to Fund 353 as Presented. All in favor. Motion carried. 2. Development Security Reduction Request Î Rehbein Commercial Administrator Statz stated that there are two (2) requests for security reduction by Rehbein. One being for Rehbein Commercial and the other being Rehbein Industrial. He stated that the letter of credit is only for the public infrastructure portion of the project. They have submitted documentation that shows they have paid their contractors and subcontractors and also have lien waivers, so the valuation of what has been completed is being requested to be subtracted from their Letter of Credit. Administrator Statz stated that they still have some punch list items to complete. He stated that staff recommends the reduction in their Letter of Credit to an amount remaining of $60,000 until all items are completed. It is believe that the next request will be to completely remove the security. Motion by Council Member King, seconded by Council Member Lakso, to approve the Development Security Reduction Request for Rehbein Commercial to $60,000 as Presented. All in favor. Motion carried. 3. Development Security Reduction Request Î Rehbein Industrial Administrator Statz stated that this item as similar to the other request with the project extending st Fairview Street all the way to 21 Avenue. With this development the developer extended the water main, built a little bit more roadway, and removed the temporary cul de sac. He stated that the project was substantial complete, except for the wear course (final coat of asphalt). He stated that staff was recommending a reduction to $100,000. Administrator Statz stated that the project was going very well and would be completed in the time frame required. Motion by Council Member Lakso, seconded by Council Member Mosher to approve the Development Security Reduction Request for Rehbein Industrial to $100,000 as Presented. All in favor. Motion carried. X. COUNCIL/ADMINISTRATOR ANNOUNCEMENTS 1. Administrator/Engineer Report Administrator Statz reported that he did not get the AdministratorÓs Report out, in fact, he had just finished it up before the meeting. The items that were discussed as are follows: Medallion winners, unclaimed prize, summer events winding down (Music in the Park and Main Street Market), and The MayorÓs Minutes. Page 6 of 8 City of Centerville Council Meeting Minutes July 27, 2022 Administrator Statz reported on several developments: Block 7 is noticeable missing from this agenda, that the bids for homes and infrastructure were considerable higher than they were anticipating. He stated that Centra Homes has remained in communication with staff and it was anticipated that they would be coming back with a proposal. Centerville Elementary was nearing completion with the Building Inspector completing an inspection today. Old Mill Estates with the developer resolving some issues and staff attempting to resolve the trail issue with the property owner. Centerville Storage was open but had additional items to take care of. He also reported that Bayview Villas, Kwik Trip, Peterson Shores, Sutton, American Roofing Supply, Max Storage grading & CUP and Amazon. Administrator Statz thanked the Public Works Department for their work with the main well and stated that Well #2 did well and the Lino Lakes interconnect was not needed. Acting Mayor Koski asked about the shoreline in Bayview Villas, how it was going to be fixed, if there would be any damages to the residential property. Administrator Statz stated that he believes that it has been completed with very little invasiveness. 2. Council Reports a. Lakso - Parks & Recreation Î Council Member Lakso reported that there is a vacancy and that they are diving into volunteer appreciation dinner. They are putting together a list of volunteers for this past year and would be forwarding it shortly. She noted that there have fewer volunteers this year than years past. Anoka County Fire Protection Council Î Council Member Lakso stated that the meeting would be the following evening. b. Koski Î Planning & Zoning Commission Î Council Member Koski stated that two (2) members resigned and that two (2) members were appointed. Administrator Statz stated that the Planning & Zoning Commission passed outside storage regulations for residential areas which will be forwarded to Council for final adoption shortly. Fire Steering Committee Î Council Member Koski stated that there was a meeting st the previous evening and one (1) scheduled for the 21. He stated that they discussed the budget, that the number of calls increased, the partnership with SBM was working well and that he had an opportunity to meet members of the Board of SBM. c. King Î Economic Development Authority Î Council Member King stated that a coffee shop is interested in 1737 Main Street with a drive-through. He reported that Mr. Gregory Rams Giles has been appointed to ACRED. He stated that the Center Stage Program has been revised with offerings being video message on YouTube, Facebook, ads in Page 7 of 8 City of Centerville Council Meeting Minutes July 27, 2022 the Quad for new businesses, increase the number ads for a new business up to 4, $150 toward chamber membership and $150 towards advertising on social media. He also stated that a representative from Civic Intelligence has approached the EDA regarding providing a proposal for services related to market, statistics, census information, etc. which may aid the EDA in assisting business expansions, etc. Fire Steering Committee Î Council Member King gave no report. d. Mosher Î stated that, as a Lion Member, he participated in several events for Fete des Lacs during the weekend. Economic Development Authority Î Council Member Mosher stated that he was unable to attend the meeting. Police Governing Board Î Council Member Mosher gave no report. e. Love Î North Metro Telecommunications Commission Î Mayor Love gave no report due to his absence. Police Governing Board Î Mayor Love gave no report due to his absence. Other Mayoral Reports Î Mayor Love gave no report due to his absence. XI. ADJOURNMENT Motion by Council Member Lakso, seconded by Council Member King to Adjourn the Regularly Scheduled Council Meeting at 7:35 p.m. Respectfully submitted by City Clerk, Teresa Bender. Page 8 of 8 CITY OF CENTERVILLE CITY COUNCIL MEETING August 10, 2022 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled City Council meeting on August 10, 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 Council Member Steve King ABSENT: Council Member Michelle Lakso Junior Council Member Danny Peterson (Non-Voting) STAFF: City Administrator Mark Statz Assistant City Administrator Athanasia Lewis City Attorney Kurt Glaser II. PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA Mayor Love provided an opportunity for others to add or delete any items. He stated that there are a number of changes as follows: 1. Remove Item #VI. 2 June, 8, 2022 City Council Meeting Minutes 2. Add Check #35311, to Item #VII.1 3. Remove Item #VIII.4 Encroachment Agreement 7227 Clear Ridge 4. Add Item #VIIII.4 Î Bid Award Î 2022 Thin Overlay Program & City Hall Parking Lot Improvements Motion by Council Member Koski, seconded by Council Member King to Approve the Agenda with the noted changes, as presented. All in favor. Motion carried. IV. APPOINTMENTS/PRESENTATIONS 1. None. City of Centerville Council Meeting Minutes August 10, 2022 V. PUBLIC HEARINGS 1. None. VI. APPROVAL OF THE MINUTES 1. May 25, 2022 City Council Work Session & Meeting Minutes Mayor Love provided an opportunity for Council to make revisions if they desired. Council Member Koski stated there is a grammatical error on page 3 of 7, paragraph 10 change ÐthinkÑ to ÐthinÑ overlay and paragraph 12, should read ÐMayor Love asked council if anyone desired to motion the landscaping proposalÑ. Motion by Council Member Koski, seconded by Council Member Mosher to Approve the May 25, 2022 City Council Meeting Minutes with the noted changes. All in favor. Motion carried. VII. CONSENT AGENDA Mayor Love provided an opportunity for others to add or delete any items. Adding check #35311. Administrator Statz explained it was a check made to Menards for materials to construct the fence around the water tower property. Council Member King asked if we paid sales tax. Administrator Statz stated no. Attorney Glaser verified that the exempt status applies to all taxes including local taxes. Mayor Love provided an additional opportunity for others to add or delete any items. Council Member Mosher pulled item #4 and Council Member King pulled item #5. 1. City of Centerville Claims through August 10, 2022 (Check #35278 -35310, 35311) & (1924E-1929E) 2. Centennial Lakes 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 Î Bald Eagle Waterski Show 5. Parks, Trails and Recreation Donation and Memorial Policy 6. Preferred Vendor Designation Î Emerald Ash Borer Motion by Council Member King, seconded by Council Member Mosher to Approve Consent Agenda Items 1, 2 3, and 6 as Presented. All in favor. Motion carried. Item #4 - Council Member Mosher asked where the food setup would be. Administrator Statz stated they tried to detail that in the amendment to the permit - not to block traffic or the trail or any heavily used area. Council Member Mosher stated the food was biggest thing and knew it was workout with Main Street Market. Administrator Statz stated that Ms. Bender was sensitive to Page 2 of 6 City of Centerville Council Meeting Minutes August 10, 2022 that and in the agreement, they were not to sell while the Main Street Market was going on. Administrator Statz read the clauses in the agreement. Mayor Love asked if this amendment was an after the fact. Administrator Statz said yes. Council Member Mosher stated that he was not sure what they were going sell and maybe we should invite them to be a part of our Main Street Market. Administrator Statz stated that this was during their show, after Main Street Market closed. Council Member Koski mentioned that there is a clause about insurance and liability that the City would not be liable. Administrator Statz stated that the agreement helps protect us. Motion by Council Member Mosher, seconded by Council Member King to Approve Consent Agenda Items #4 as Presented. All in favor. Motion carried. Item #5 Î Council Member King asked for clarifications on this. He asked if there ever was a policy previously. Administrator Statz stated that we had 2 to 3 similar requests and wanted to streamline this policy and treat everyone equally. Motion by Council Member King, seconded by Council Member Mosher to Approve Consent Agenda Items #5 as Presented. All in favor. Motion carried. VIII.OLD BUSINESS 1. Alternative Trail Design Î Old Mill Estates Administrator Statz stated some time ago 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 to 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. Administrator Statz stated if Council agrees to moving the easement to that particular spot and if we can accommodate a change in the trail from an 8 foot bituminous trail to a 6 foot concrete walk design which will add some additional separation from the trail to the home and with the new equipment, we can accommodate a smaller trail for plowing. He state that the homeowner had a petition in regards to the trail and most of the residence agreed except for one property - currently this property is an empty lot. He stated with the move of the easement and trail they would get about 11 feet from the trail to the home and the homeowner is willing to pay for the easement. A discussion ensued regarding the easement, cost, moving the retaining wall by the wetland, design of the wall, move the trail further away from the property, whether or not to use concrete or asphalt, width of the trail, what equipment would be needed to remove snow (truck or tool cat), whether or the City plows this trail and the clarification that this will be part of the trail system. Motion by Council Member Koski, seconded by Council Member King to Approve the revised trail layout to allow for the option as shown on the attached figure (shown in the packet) and authorizing city staff to record a revised easement encompassing the new trail location. All in favor. Motion carried. Page 3 of 6 City of Centerville Council Meeting Minutes August 10, 2022 2. Purchase Agreement Cancellation Î Centra Homes Î Sorel Quarter Administrator Statz reported that Centra Homes (Centra North, LLC) has informed the City via email (that was provided in the packet) that they are no longer pursuing a project on Block 7. There concerns are with the housing and townhomes market have cooled down and would like have the City accept this cancellation. Motion by Council Member King, seconded by Council Member Mosher to Approve Resolution 22-021 to Terminating Real Estate Purchase Agreement with Centra Homes Î Sorel Quarter, as Presented. All in favor. Motion carried. 3. Website Redesign and Mobile App Assistant City Administrator Lewis reviewed a presentation regarding the CityÓs website and mobile app. She stated that CivicPlus has shown staff a draft of the design/layout and would like council for their input and consideration. She stated that in order to meet the date of the projected launch date, staff would need to submit approval of the design/layout to them on or before August 19. A lengthy discussion ensued as to who the website committee members were, the different website that CivicPlus designed, content of the website, layout (design) ideas for the City, the banners on the website, accessibility to staff (email), mobile aps, testing the functions of the website, organization of it before it goes live and the timeframe when website goes live. Mayor Love thanked the entire committee and staff for the fantastic work and stated that this is a huge step forward for our City. 4. Bid Award Î 2022 Thin Overlay Program & City Hall Parking Lot Improvements Administrator Statz stated that there were four (4) bids received for the 2022 Thin Overlay Project and City Hall Parking Lot Improvements. He stated that the low bid was approximately 30% over the engineerÓs costs. Ms. Kelli Schlegel revealed the low bidder as being Bituminous Roadways, Inc., in the amount of $771,227. A lengthy discussion ensued as the cost of the project, what was included in the project and special assessments. Motion by Council Member Mosher, seconded by Council Member King to Table the Bid Award on the 2022 Thin Overlay Program & City Hall Parking Lot Improvements. All in favor. Motion carried. IX. NEW BUSINESS 1. Request from Metro Cities to Sign Letter re: Local Government Aid Administrator Statz stated that Metro Cities has approached the City seeking support in a letter to the StateÓs executive and legislative branches, urging them to take action on the Local Government Page 4 of 6 City of Centerville Council Meeting Minutes August 10, 2022 Aid Proposals. He stated that we have been talking about the changes to the LGA formulas. He reviewed the dollars amounts that we had received last year and the amounts that we should receive this year and the upcoming year. He stated without LGA, it will hurt our budget. Motion by Council Member Koski, seconded by Council Member Mosher to authorize the Mayor to sign the attached letter, expressing the city's support of this initiative from Metro Cities. All in favor. Motion carried. 2. City Hall Campus Landscaping Improvements Administrator Statz stated the last time they discussed City Hall Campus Landscaping Improvements we had a proposal from our engineering/architect design team and Council decided not to go forward with this. Administrator Statz presented and reviewed the drawings that were contained in CouncilÓs packet. He stated that they showed two (2) different designs and estimated costs of each of the projects. A brief discussion ensued and the consensus was to table this. Motion by Council Member Mosher, seconded by Council Member King to Table the soliciting design/building proposals for contractor for City Hall Campus Landscaping Improvements All in favor. Motion carried. AX. COUNCIL/ADMINISTRATOR ANNOUNCEMENTS 1. Administrator/Engineer Report Administrator Statz thanked all of the Election Judges for their time and dedication. He stated it was a fair turnout with approximately 350 voters. City Clerk Bender reported that this was a slightly better turnout from previous year. Administrator Statz encourage residents to get out and vote in November for the General Election. Administrator Statz reported on that they were moving dirt on the Kwik Trip site, American Roofing Supply was paving today and that Amazon had utility crews and grading crews on site. He reported that two (2) parties have shown interest in Block 7. City Attorney Glaser Î Reported that Law Day would be on Friday and that none have been held for the past few years due to COVID. He stated that he does a driverÓs license reinstatement clinic and for the audience to get the word out with appointments being taken by his office or City Hall. 2. Council Reports a. Lakso Î Parks & Recreation Î Council Member Lakso gave no report due to her absence. Anoka County Fire Protection Î Council Member Lakso gave no report due to her absence. Page 5 of 6 City of Centerville Council Meeting Minutes August 10, 2022 b. Koski Î Planning & Zoning Commission Î Council Member Koski gave no report. Fire Steering Committee Î Council Member Koski gave no report. c. King - Economic Development Authority Î Council Member King gave no report. Fire Steering Î Council Member King gave no report. d. Mosher Î Police Governing Board Î Council Member Mosher stated that Mr. Jacob Chamberlin sworn in, that the department was at 15 officers and he welcomed him and his family. Economic Development Authority Î Council Member Mosher gave no report. e. Love Î North Metro Telecommunications Commission Î Mayor Love gave no report. Police Governing Board Î Mayor Love commented that the pursuit policy had been changed. He reported on hiring updates. He stated that they had an opportunity to look at the budget and impacts on cities (hiring and staffing) and that it was a good meeting. Mayor Love stated that both the EDA and Parks & Recreation have openings and that currently Affidavits of Candidacy are been accepted for municipal offices (Mayoral seat and two (2) Council seats). He thanked Election Judges for their dedication and stated that they do a wonderful job. He stated that he recently met with the School Superintendent and they spoke of changes for the upcoming year and the SuperintendentÓs appearance before Council shortly. XI. ADJOURNMENT Motion by Council Member Koski, seconded by Council Member Mosher to Adjourn the Regularly Scheduled Council Meeting at 8:58 p.m. Respectfully submitted by City Clerk, Teresa Bender. Page 6 of 6 09/12/22 4:06 PM CITY OF CENTERVILLE Page 1 Check Detail - August 31, 2022 Check DateCheck #Vender NameCommentsAmount 18/31/2022001942EMINNESOTA DEPT OF REVENUESTATE W/H - PP18$1,370.45 Check Nbr 001942 MINNESOTA DEPT OF REVENUE$1,370.45 18/31/2022001943EIRS/EFTPSFED W/H - PAY PERIOD 18$3,019.11 18/31/2022001943EIRS/EFTPSFICA/MED - W/H - PAY PERIOD 18$4,756.62 Check Nbr 001943 IRS/EFTPS$7,775.73 18/31/2022001944EPERAPERA W/H - PAY PERIOD 18$3,915.98 Check Nbr 001944 PERA$3,915.98 $13,062.16 09/12/22 3:36 PM CITY OF CENTERVILLE Page 1 Check Detail - September 14, 2022 Check DateCheck #Vender NameCommentsAmount 19/14/2022035350 ACR, INC.REPAIRS - TUFF STEER$289.00 Check Nbr 035350 ACR, INC.$289.00 19/14/2022035351 ADVANCE POWER SERVICES, INC.REPAIRS TO GENERATOR$2,614.68 Check Nbr 035351 ADVANCE POWER SERVICES, INC.$2,614.68 19/14/2022035352 AFLACAFLAC - SEPTEMBER 2022$198.42 Check Nbr 035352 AFLAC$198.42 19/14/2022035353 AIRFRESH INDUSTRIES, INC.PORTABLE RESTROOMS SERV THRU 8-8-22 THRU 9-4-22$837.00 Check Nbr 035353 AIRFRESH INDUSTRIES, INC.$837.00 19/14/2022035354 ALL AMERICAN TITLE COMPANY1644 DUPRE RD-OVER PD FINAL UT BILL$137.19 Check Nbr 035354 ALL AMERICAN TITLE COMPANY$137.19 19/14/2022035355 ALL SEASONS RENTALRENTAL - BOBCAT AUGER & SOD CUTTER$280.60 Check Nbr 035355 ALL SEASONS RENTAL$280.60 19/14/2022035356 ALLSTREAMPHONE SERVICES FOR FIRE ALARM THRU 9-22-22$102.49 Check Nbr 035356 ALLSTREAM$102.49 19/14/2022035357 AMERICAN WATER WORKS ASSOCIATIMEMBERSHIP DUES THRU 10-31-2023$79.00 Check Nbr 035357 AMERICAN WATER WORKS ASSOCIATI$79.00 19/14/2022035358 AMERITASVISION CARE - THRU 9-30-22$12.24 Check Nbr 035358 AMERITAS$12.24 19/14/2022035359 ANCONA TITLE & ESCROW7339 PELTIER CIRCLE - OVER PD FINAL UT BILL$52.21 Check Nbr 035359 ANCONA TITLE & ESCROW$52.21 19/14/2022035360 ANOKA COUNTY PROPERTY RECORDS2372006.001 FAIRVIEW - MAX STORAGE$46.00 19/14/2022035360 ANOKA COUNTY PROPERTY RECORDS604077.004 - 1829 HOULE$46.00 19/14/2022035360 ANOKA COUNTY PROPERTY RECORDS2373867.006 - 1812 OLD MILL$46.00 Check Nbr 035360 ANOKA COUNTY PROPERTY RECORDS$138.00 19/14/2022035361 BBKG, LLC2050 MAIN - DEVEREAUX FAMILY - SERV THRU 2ND QTR$66.50 19/14/2022035361 BBKG, LLC1825 MAIN ST - ATLAS - SERV THRU 2ND QTR$237.50 19/14/2022035361 BBKG, LLCBANJO (AMAZON) - SERV THRU 2ND QTR$26,272.00 19/14/2022035361 BBKG, LLCCENTRA HOMES - SERV THRU 2ND QTR$3,439.00 19/14/2022035361 BBKG, LLCGENERAL CIVIL MATTERS - SERV THRU 2ND QTR$3,049.50 19/14/2022035361 BBKG, LLCKWIK TRIP - SERV THRU 2ND QTR$47.50 19/14/2022035361 BBKG, LLCMAX STORAGE - SERV THRU 2ND QTR$133.00 19/14/2022035361 BBKG, LLCREHBEIN COMMERCIAL - SERV THRU 2ND QTR$266.00 19/14/2022035361 BBKG, LLCREHBEIN INDUSTRIAL - SERV THRU 2ND QTR$693.50 Check Nbr 035361 BBKG, LLC$34,204.50 19/14/2022035362 BURNET TITLE**7156 GRANGE VIEW - OVER PD FINAL UT BILL$215.79 Check Nbr 035362 BURNET TITLE**$215.79 19/14/2022035363 CANON FINANCIAL SERVICES INC.P.W. 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SUPPLIES$166.14 09/12/22 3:36 PM CITY OF CENTERVILLE Page 2 Check Detail - September 14, 2022 Check DateCheck #Vender NameCommentsAmount PARTS/FENCE AROUND WATER TOWER 19/14/2022035365 CITY OF CENTERVILLE - MASTERCA$1,310.79 POSTAGE FOR WATER SAMPLES 19/14/2022035365 CITY OF CENTERVILLE - MASTERCA$5.10 Check Nbr 035365 CITY OF CENTERVILLE - MASTERCA$3,710.37 IT SUPPORT SERVICES - SEPT. 2022 19/14/2022035366 CITY OF ROSEVILLE$618.59 IT SUPPORT SERVICES - SEPT.2022 19/14/2022035366 CITY OF ROSEVILLE$618.59 IT SUPPORT SERVICES - SEPT. 2022 19/14/2022035366 CITY OF ROSEVILLE$618.59 IT SUPPORT SERVICES - SEPT.2022 19/14/2022035366 CITY OF ROSEVILLE$618.60 Check Nbr 035366 CITY OF ROSEVILLE$2,474.37 19/14/2022035367 CONNEXUS ENERGY6800-20TH SCADA - SERV THRU 8-26-22$7.88 19/14/2022035367 CONNEXUS ENERGY2085 CEDAR ST - SERV THRU 8-26-22$372.91 19/14/2022035367 CONNEXUS ENERGY7100 20TH AVE - TRAFSG - SERV THRU 8-26-22$83.24 19/14/2022035367 CONNEXUS ENERGYSTREET LIGHTS - 395653-219699 - SERV THRU 8-26-22$66.21 19/14/2022035367 CONNEXUS ENERGY6900-20TH AVE - LIFT STAT - SERV THRU 8-26-22$74.03 19/14/2022035367 CONNEXUS ENERGY7087-20TH AVE - WATER TOWER - SERV THRU 8-26-22$50.09 19/14/2022035367 CONNEXUS ENERGY6800-20TH SCADA - SERV THRU 8-26-22$7.88 Check Nbr 035367 CONNEXUS ENERGY$662.24 19/14/2022035368 CORE & MAINSUTTON TRANSPORT - WATER METER - OMNI+1.5 C2$1,550.63 19/14/2022035368 CORE & MAINSUTTON TRANSPORT - WATER METER - OMNI+ 1.5 R2$610.65 19/14/2022035368 CORE & MAINHYDRANT GREASE$67.39 Check Nbr 035368 CORE & MAIN$2,228.67 19/14/2022035369 CORRPRO COMPANIESSINGLE PEDESTAL WATER TANK 500,000$860.00 Check Nbr 035369 CORRPRO COMPANIES$860.00 19/14/2022035370 E. H. RENNER & SONSEMERGENCY WORK ON PUMP (WELL#1)$39,255.16 Check Nbr 035370 E. H. RENNER & SONS$39,255.16 19/14/2022035371 EDINA REALTY TITLE6971 BRIAN DR - OVER PD FINAL UT BILL$217.65 Check Nbr 035371 EDINA REALTY TITLE$217.65 19/14/2022035372 GARY & SUSAN FRIELER7233 BRIAN DR - OVER PD FINAL UT BILL$162.49 Check Nbr 035372 GARY & SUSAN FRIELER$162.49 19/14/2022035373 GOPHER STATE ONE CALL INCSERV THRU AUGUST 2022$46.57 19/14/2022035373 GOPHER STATE ONE CALL INCSERV THRU AUGUST 2022$46.58 Check Nbr 035373 GOPHER STATE ONE CALL INC$93.15 19/14/2022035374 HAWKINS INC.CHEMICALS$1,354.74 Check Nbr 035374 HAWKINS INC.$1,354.74 19/14/2022035375 INNOVATIVE OFFICE SOLUTIONS LLOFFICES SUPPLIES$55.10 Check Nbr 035375 INNOVATIVE OFFICE SOLUTIONS LL$55.10 19/14/2022035376 INSTRUMENTAL RESEARCH INCAUGUST 2022 WATER TESTING$62.00 Check Nbr 035376 INSTRUMENTAL RESEARCH INC$62.00 19/14/2022035377 INTERNATIONAL UNION OF OPERATIUNION DUES - SEPTEMBER 2022$105.00 Check Nbr 035377 INTERNATIONAL UNION OF OPERATI$105.00 19/14/2022035378 LOFFLER COMPANIESP.W. COPIER SERV THRU 8-31-22$55.02 Check Nbr 035378 LOFFLER COMPANIES$55.02 19/14/2022035379 LONNI OLSON DESIGN & CONSULTIN2 TRAINING SESSION CITY WEB PLATFORM$587.50 Check Nbr 035379 LONNI OLSON DESIGN & CONSULTIN$587.50 19/14/2022035380 MARCO TECHNOLOGIES, LLC.USAGE CHARGES - SERV THRU 8-31-22$611.30 19/14/2022035380 MARCO TECHNOLOGIES, LLC.CONTRACT BASE RATE CHARGES - SERV THRU 11-30-22$491.87 19/14/2022035380 MARCO TECHNOLOGIES, LLC.FREIGHT CHARGES$30.00 Check Nbr 035380 MARCO TECHNOLOGIES, LLC.$1,133.17 19/14/2022035381 MET. COUNCIL ENV. SERV. (SDS)WASTEWATER CHARGES FOR OCTOBER$21,340.32 Check Nbr 035381 MET. COUNCIL ENV. SERV. (SDS)$21,340.32 19/14/2022035382 MN DEPARTMENT OF HEALTHWATER TEST FEES - SERV THRU 9-30-22$3,248.00 Check Nbr 035382 MN DEPARTMENT OF HEALTH$3,248.00 09/12/22 3:36 PM CITY OF CENTERVILLE Page 3 Check Detail - September 14, 2022 Check DateCheck #Vender NameCommentsAmount 19/14/2022035383 MN PEIPHEALTH INS - SERV THRU 10-31-22$4,401.32 Check Nbr 035383 MN PEIP$4,401.32 19/14/2022035384 NATIONWIDE RETIREMENT SOLUTIONDEF COMP W/H - PAY PERIOD 19$1,125.00 Check Nbr 035384 NATIONWIDE RETIREMENT SOLUTION$1,125.00 19/14/2022035385 NYKANEN INSPECTIONS LLCELECTRICAL INSPECTION THRU 8-31-22$3,038.44 Check Nbr 035385 NYKANEN INSPECTIONS LLC$3,038.44 19/14/2022035386 PRESS PUBLICATIONSPUBIC HEARING - FIREARMS, ETC$59.13 19/14/2022035386 PRESS PUBLICATIONSPUBLIC HEARING - SCHIFSKY MAP$150.50 Check Nbr 035386 PRESS PUBLICATIONS$209.63 19/14/2022035387 R.J.S PROPERTY MAINTENANCELAWN MOWING SERV THRU AUGUST 2022$446.26 19/14/2022035387 R.J.S PROPERTY MAINTENANCELAWN MOWING SERV THRU AUGUST 2022$6,178.49 19/14/2022035387 R.J.S PROPERTY MAINTENANCELAWN MOWING SERV THRU AUGUST 2022$2,126.25 Check Nbr 035387 R.J.S PROPERTY MAINTENANCE$8,751.00 19/14/2022035388 RAINBOW TREECAREEMERALD ASH BORER - TREATMENT$1,242.50 Check Nbr 035388 RAINBOW TREECARE$1,242.50 19/14/2022035389 REHBEINS BLACK DIRTBLACK DIRT$67.50 Check Nbr 035389 REHBEINS BLACK DIRT$67.50 19/14/2022035390 REPUBLIC SERVICES, INC.GARBAGE SERVICES THRU 8-31-22$17,792.31 19/14/2022035390 REPUBLIC SERVICES, INC.RECYCLING SERVICES THRU 8-31-22$4,750.51 Check Nbr 035390 REPUBLIC SERVICES, INC.$22,542.82 19/14/2022035391 SAFEGUARD SECURITYMONTHLY FIRE ALARM MONITORING - CITY HALL$44.95 Check Nbr 035391 SAFEGUARD SECURITY$44.95 19/14/2022035392 SECURITY CONTROL SYSTEMS, INC.BASIC MONITORING FEE FOR 12 MONTHS$240.00 Check Nbr 035392 SECURITY CONTROL SYSTEMS, INC.$240.00 19/14/2022035393 SERVION COMMERCIAL TITLE19-051 - 2021 COMMERCE DR - SITE ESCROW RELEASE$10,000.00 Check Nbr 035393 SERVION COMMERCIAL TITLE$10,000.00 19/14/2022035394 STANTEC CONSULTING SERVICES INSTORM WATER - SERV THRU 8-5-22$945.63 19/14/2022035394 STANTEC CONSULTING SERVICES INSHINGLE CREEK CAPITAL - SERV THRU 8-5-22$233.75 19/14/2022035394 STANTEC CONSULTING SERVICES INAMAZON - CONSTRUCTION INSPECTION - SERV THRU 8-5-22$5,273.26 19/14/2022035394 STANTEC CONSULTING SERVICES INCENTERVILLE 2022 THIN OVERLAY AND PARKING LOT IMPRO$11,508.37 19/14/2022035394 STANTEC CONSULTING SERVICES INDESIGN & BIDDING SERVICES - PARKING LOT LIGHTNING - S$4,109.25 Check Nbr 035394 STANTEC CONSULTING SERVICES IN$22,070.26 19/14/2022035395 THE TITLE GROUP INC.1949 CENTER STR - OVER PD FINAL UT BILL$83.17 Check Nbr 035395 THE TITLE GROUP INC.$83.17 19/14/2022035396 TRU GREEN - CHEM LAWNLAWN CARE - PARKS$2,224.56 19/14/2022035396 TRU GREEN - CHEM LAWNLAWN CARE - CITY HALL$115.72 Check Nbr 035396 TRU GREEN - CHEM LAWN$2,340.28 19/14/2022035397 XCEL ENERGY1682 MAIN ST - SERV THRU 9-1-22$239.99 19/14/2022035397 XCEL ENERGY7098 CENTERVILLE RD - SERV THRU 9-1-22$21.60 19/14/2022035397 XCEL ENERGY6970 LAMOTTE DR - SERV THRU 8-31-22$251.94 19/14/2022035397 XCEL ENERGY1601 LAMOTTE DR - SERV THRU 9-1-22$27.97 19/14/2022035397 XCEL ENERGY7285 MAIN ST - SERV THRU 9-1-22$56.52 19/14/2022035397 XCEL ENERGY1600 LAMOTTE DR - SERV THRU 9-1-22$214.92 19/14/2022035397 XCEL ENERGY1889 CENTER ST - SEWER LIFT - SERV THRU 9-6-22$35.92 19/14/2022035397 XCEL ENERGY7300 MILL RD - SERV THRU 9-4-22$196.98 19/14/2022035397 XCEL ENERGY1600 LAMOTTE DR - WARMING HOUSE - SERV THRU 9-1-22$20.24 19/14/2022035397 XCEL ENERGY1875 FOX RUN - SERV THRU 8-31-22$99.06 19/14/2022035397 XCEL ENERGY STREET LIGHTS - SERV THRU 9-5-22$2,600.17 19/14/2022035397 XCEL ENERGY1745 MAIN ST - SERV THRU 9-1-22$21.60 Check Nbr 035397 XCEL ENERGY$3,786.91 09/12/22 3:36 PM CITY OF CENTERVILLE Page 4 Check Detail - September 14, 2022 Check DateCheck #Vender NameCommentsAmount $272,746.81 CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: September 14, 2022 Administration VII.5 TITLE OF ISSUE: Resolution to Apply Park and Recreation Expenditures to Charitable Gambling Proceeds BACKGROUND AND SUPPLEMENTAL INFORMATION: Staff presented the City Council with a list of recommended uses of charitable gambling proceeds at the August 24, 2022 work session. Based on the discussion, there was consensus to apply the proceeds against Park and Recreation operating and capital expenditures as programs benefiting youth which is #7 on the authorized expenditures list from the State of Minnesota. The budgeted operating expenditures total $26,950 for 2022. The capital expenditures total $15,271 for two light poles at LaMotte Park. This will cover nearly all of the proceeds from charitable gambling collected over the past two years. COST AND SOURCE(S) OF FUNDING: Charitable gambling operations at three establishments in Centerville. REQUESTED COUNCIL ACTION: Staff recommends that the City Council approve the Resolution to Apply Park and Recreation Expenditures to Use Charitable Gambling Proceeds. For Clerk’s Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ Y Vote Record: Aye Nay _____ Other (specify)____________ _____ _____ Love _____ _____ Paar _______________________________________________________________ _____ _____ Koski _____ _____ Montain _______________________________________________________________ Administration Department Use: Refer to: _________________________________ Consent 5 Tabled Until: ______________________________ Regular Other: ___________________________________ CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: September 14, 2022 Administration/Election VII.4 TITLE OF ISSUE: Election Judge, Assistant Head Judge & Head Judge Pay BACKGROUND AND SUPPLEMENTAL INFORMATION: A study was completed in 2021 by Anoka County regarding cities' Election Judge Pay (see attached and please note that the City of Centerville is on the lower end of the pay spectrum). We generally do not have difficulty finding judges and we are fortunate to have two (2) that do not want to be paid per State Statute with letters provided ten (10) day prior to the election (Primary or General). Per State Statute, we must have no less than three (3) judges serving on Primary Election Day and no less than four (4) on General Election Day per population/precinct. Staff recommends eight (8) at any given time with the exception of the Primary Election where less voters are served. Attached is Res. #21-025, Pay Plan for 2022 for reference. Staff recommends increasing the pay from $10.25/hr to $15/hr similar to P & R Secretary and P-T Custodian with a slightly high pay for the Head Judge who requires additional training and has more responsibilities of $.50 for $15.50/hr. COST AND SOURCE(S) OF FUNDING: $2,288.50 (9 X $15/hr for 15 hrs. & 1 X $15.50/hr for 17 hrs.) REQUESTED COUNCIL ACTION: Council approval as submitted. For ClerkÓs Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ Vote Record: Aye Nay _____ _____ Sample Pay & Email from Anoka County Other (specify) ____________ _____ _____ _____ _____ _______________________________________________________________ _____ _____Ki _____ ____________________________________________________________________ Administration Department Use: Refer to: _________________________________ Consent Tabled Until: ______________________________ Regular Other: ___________________________________ Teresa Bender From:Tom S. Hunt <Tom.Hunt@co.anoka.mn.us> Sent:Tuesday, August 30, 2022 2:45 PM To:Teresa Bender Subject:RE: Do You Have Election Pay for Communities? Attachments: 2021 Anoka County EJ Pay Rates.xlsx Caution:Thisemailoriginatedoutsideourorganization;pleaseusecaution. HiTeresa, Wedothoseoccasionallywiththelastonebeing2021.L͸ƒguessinganumberofthemhavechangedsincethenwith recruitmentbeingdifficult.Wearepayingjudges$15.41thisyear. From:TeresaBender<TBender@centervillemn.com> Sent:Tuesday,August30,202211:35AM To:TomS.Hunt<Tom.Hunt@co.anoka.mn.us> Subject:DoYouHaveElectionPayforCommunities? EXTERNALEMAILALERT:ThismessageoriginatedfromoutsidetheAnokaCountyemailsystem.UseCaution when clickinghyperlinks,downloadingpicturesoropeningattachments. DearTom: Didyouguyspollwhatcommunitiesarepayingforelectionsjudgesandwouldyoushare? Teresa Click here to report this email as spam. NOTICE: Unless restricted by law, email correspondence to and from Anoka County government offices may be public data subject to the Minnesota Data Practices Act and/or may be disclosed to third parties. 1 to 13 they likely night is 14 and COVID time pay; expense. judges pay of to from election day precinct hire elections up judge onout hazard up municipal HJs because set electionand general ($0.55); covid topay rate a election 2020 rate for averaged materials rate rate Also is was forprior $2/hr 2022 16 pay; pay Notes: EJ a primary federal of pay day at setand only at for Lunch hr 10.25 Mileage returning 12 the 2 increase paid worth judge boxes included to also traing to this after lunch; from to up municipal potluck hour are Mileage,Mileage head training 1 Hall supply wages out do pay forfor ispaid for and normally, request making City did judges with provided be RateRate general; hourly allwillPotluckThey(tables/plexi/sanitizer/etc.)leavemileageTechbudgetnormallyIRSMileageaveragedforprimaryMileageIRSCityhelp YNYYYNYYYYYY NNNNNNNYNNNN NNNNNNNNNNNNNNNN NANA 12.0010.5016.0013.0015.0011.7313.0011.2511.0815.0010.50 12.4010.0012.0011.7515.0010.5011.0013.0016.0014.0012.58 JudgeMileageLunch Head $ $$$$$$$$$$$$$$$$$$$$$ 12.0010.75 11.0012.0010.0012.0010.5016.0012.0011.2513.0010.2511.0012.0016.0014.0015.0011.2211.0815.0012.26 Judge Assistant $ $$$$$$$$ $$$$$$$$$$ Head $$ 11.32 Judge $ $$$$$$$$$$$$$$$$$$$$$ Park14.25 Heights11.00 Township10.71 CityElection Rates$11$11.50$12.00 Lake Pines15.00 Rapids11.00 SD Lake11.00 Bethel10.00Lakes12.50 Grove10.25 Francis10.00 Andover10.00Anoka11.80Bethel9.50Blaine11.00Centerville10.25CircleColumbiaColumbus10.75CoonEastFridley10.00HamHilltop15.00Lexington13.00LinoLinwoodNowthen11.00OakRamsey10.08SpringSt.2021 CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: September 14, 2022 Engineering VIII.1 TITLE OF ISSUE: Plans and Specifications for City Hall Parking Lot Lighting Improvements BACKGROUND AND SUPPLEMENTAL INFORMATION: Our engineers have prepared technical plans and specifications for the bidding and construction of the City Hall Parking Lot Lighting Improvements. To save on engineering costs, staff will be handling the bidding of the project, through the quote solicitation process. This work may be eligible for partial reimbursement, through an OSHA grant. However, grant funds have been exhausted for 2022 and will refresh on 1/1/23. Therefore, staff will have the work quoted for construction in 2023. The OSHA grant may provide up to $10,000 with a 1:1 match required from the city. All work can be completed without disruption of the parking lot, so there is no need to do this work prior to reconstruction of the parking lot. COST AND SOURCE(S) OF FUNDING: Quotes to be solicited. Engineering costs previously approved. REQUESTED COUNCIL ACTION: Motion to approve the Plans and Specifications for the City Hall Parking Lot Lighting project and to authorize staff to solicit quotes for the work (to be completed in 2023). 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BIDDER: ________________________________________________ DOCUMENT 00 41 10 BID FORM 2022 CITY HALL PARKING LOT LIGHTING IMPROVEMENTS PROJECT NO. 193805634 CENTERVILLE, MINNESOTA 2022 ARTICLE 1 - OWNER AND BIDDER 1.01 This Bid is submitted to: City of Centerville City Hall 1880 Main Street Centerville, MN 55038 1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents ARTICLE 7 - BIDDER'S ACKNOWLEDGEMENTS: ACCEPTANCE PERIOD, INSTRUCTIONS, AND RECEIPT OF ADDENDA 7.01 Bid Acceptance Period The Bid will remain subject to acceptance for 60 days after the Bid Opening, or for such longer period of time that Bidder A. may agree to in writing upon request of Owner. 7.02 Instructions to Bidders B.Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid Security. 7.03 Receipt of Addenda A.Bidder hereby acknowledges receipt of the following Addenda: Addendum No.Addendum Date 7.04 Bidder's Acknowledgements A.Bidder understands that the law may require the Owner, or Engineer at the Owner's direction, to undertake an investigation and submit an evaluation concerning Bidder's responsiveness, responsibility, and qualifications before awarding a contract. Bidder hereby waives any and all claims, of whatever nature, against Owner, Engineer and their employees and agents, which arise out of or relate to such investigation and evaluation, and statements made as a result thereof, except for statements that can be shown by clear and convincing evidence to be intentionally false and made with actual malice. Nothing in this paragraph is intended to restrict Bidder's rights to challenge a contract pursuant to law. Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, B. and final payment for all Unit Price Bid items will be based on actual quantities provided, determined as provided in the Contract Documents. C.Bidder will complete the Work in accordance with the Contract Documents for the price(s) included in the Bid. ARTICLE 8 - BIDDER'S REPRESENTATIONS AND CERTIFICATIONS 8.01 Bidder's Representations A.In submitting this Bid, Bidder represents the following: 1. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the Addenda. 2. Bidder has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, and become familiar with the general, local, and Site conditions that may affect cost, progress, and performance of the Work. 3. Bidder is familiar with all Laws and Regulations that may affect cost, progress, and performance of the Work. © 2022 Stantec | 193805625 00 41 10 - 1BID FORM 4. Bidder has carefully studied all reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, with respect to the Technical Data in such reports and drawings. 5. Bidder has carefully studied the reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to the Technical Data in such reports and drawings. 6. Bidder has obtained and carefully studied (or accepts the consequences for not doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at, or contiguous to, the Site which may affect cost, progress, or performance of the work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and programs incident thereto. 7. Based on the information and observations referred to in the preceding paragraph, Bidder agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract. 8. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents. 9. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and of discrepancies between Site conditions and the Contract Documents, and the written resolution thereof by Engineer is acceptable to Bidder. 10. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance and furnishing of the Work. 11. The submission of this Bid constitutes an incontrovertible representation by Bidder that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents. 8.02 Bidder's Certifications A.The Bidder certifies the following: 1. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation. 2. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 3. Bidder has not solicited or induced any individual or entity to refrain from bidding. 4. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 8.02.A: a. Corrupt practice means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process. b. Fraudulent practice means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Owner, (b) to establish bid prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition. c. Coercive practice means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. © 2022 Stantec | 193805625 00 41 10 - 2BID FORM No.ItemUnitsQtyUnit PriceTotal Price BASE BID Parking Lot Lighting Improvements: 1MATERIALS AND LABOR NECESSARY TO COMPLETE THE SCOPELS1$ ______________$ ______________ OF WORK DEFINED IN THE CONSTRUCTION DOCUMENTS AND IN THE PROJECT MANUAL TOTAL: Parking Lot Lighting Improments $ ______________ BASE BID SUMMARY TOTAL: Parking Lot Lighting Improments$ ______________ © 2022 Stantec | 193805625 00 41 10 - 3BID FORM The following documents are attached to and made a condition of this Bid: SUBMITTED on ___________________________, 2022. If Bidder Is: A Corporation Corporation Name: ____________________________________________(SEAL) State of Incorporation: ________________________________________________________ Type (General Business, Professional, Service, Limited Liability): _______________________ By: ________________________________________________________________________ (Signature) Name (typed or printed): _______________________________________________________ Title: _______________________________________________________________________ Attest ___________________________________________________ (CORPORATE SEAL) (Signature of Corporate Secretary) Business Street Address (No P.O. Box #'s): ____________________________________________________________________________ Phone No.: _______________________________ Fax No.: ___________________________ Email.: ___________________________________ © 2022 Stantec | 193805625 00 41 10 - 6BID FORM An Individual Name (typed or printed): ______________________________________________________ By: ______________________________________________________ (SEAL) (Individual's signature) Doing business as: ___________________________________________________________ Business Street Address (No P.O. Box #'s): _______________________________________________________________________________ Phone No.: _______________________________ Fax No.: ___________________________ A Partnership Partnership Name: _______________________________________________________(SEAL) By: _________________________________________________________________________ (Signature of general partner) Name (typed or printed): _____________________________________________________ Business Street Address (No P.O. Box #'s): ____________________________________________________________________________ Phone No.: _______________________________ Fax No.: ________________________ © 2022 Stantec | 193805625 00 41 10 - 7BID FORM A Joint Venture Joint Venture Name: ____________________________________________(SEAL) By: ________________________________________________________________________ (Signature of joint venture partner) Name (typed or printed): ____________________________________________________ Title: _______________________________________________________________________ Business address: ____________________________________________________________ ____________________________________________________________________________ Phone No.: _______________________________ Fax No.: ________________________ Joint Venturer Name: ___________________________________________(SEAL) By: ________________________________________________________________________ (Signature) Name (typed or printed): ____________________________________________________ Title: _______________________________________________________________________ Business Street Address (No P.O. Box #'s): ____________________________________________________________________________ _____________________________________________________________________________ Phone No.: _______________________________ Fax No.: ________________________ Phone and Fax Number, and Address for receipt of official communications: _____________________________________________________________________________ _____________________________________________________________________________ (Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above). END OF DOCUMENT © 2022 Stantec | 193805625 00 41 10 - 8BID FORM TFDUJPO!37!16!16! CBTJD!FMFDUSJDBM!NBUFSJBMT!BOE!NFUIPET! QBSU!2HFOFSBM 2/12TVNNBSZ! 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D/Bmm!usbjojoh!ipvst!tibmm!cf!mphhfe!boe!tjhofe!cz!Dpousbdups!boe!Pxofs/!! FOE!PG!TFDUJPO! !MJHIUJOH! ª!3133!Tuboufd!}!2:4916745!37!61!11!.!5! ! Centerville Schifsky PA version 09092022-2 for Council Packet REAL ESTATE PURCHASE AGREEMENT THIS AGREEMENT is made this day of AugustSeptember 2022 CITY OF CENTERVILLE, a Minnesota municipality (referred to herein as either the or "Seller") and SCHIFSKY COMPANIES, INC., a corporation formed in the State of Minnesota, or its assigns ("Buyer"). R E C I T A L S WHEREAS, the Seller owns real property located in the City of Centerville, Anoka County, Minnesota, as legally described on Exhibit A acres (approximately 70,232 square feet) and WHEREAS, Seller agrees to sell to Buyer and Buyer agrees to purchase from Seller the Real Property pursuant to the terms and conditions of this Agreement. WHEREAS, the Parties desire to create a project similar to that approved through the 2021 Request for Proposal process for development of the Real Property. NOW, THEREFORE, in consideration of the covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree, for themselves, their successors and assigns as follows 1. SALE OF PROPERTY. Seller agrees to sell to Buyer and Buyer agrees to purchase from Seller, fee title in and to the Real Property, together with all easements and/or rights benefiting or appurtenant to the Real Property, title or interest in any public streets or licenses, or other approvals issued in connection with the Real Property. 2. PURCHASE PRICE AND MANNER OF PAYMENT. The total purchase price ("Purchase Price") to be paid by Buyer for the Property will be One Dollar and No/100 Dollar ($1.00), and payable as follows: A. Earnest Money. (i) One Dollar and No/100 Dollar ($1.00), as earnest money ("Earnest Money"). The Earnest Money is to be deposited into the trust account of Berglund, Baumgartner, Kimball, & Glaser, LLC, or such other entity at the discretion of the Buyer (the "Deposit Account"). The Deposit Account shall be delivered to Seller on the Closing Date as defined in this Agreement or as otherwise provided in this Agreement. The term Earnest Money will also include any accrued interest. (ii) The Earnest Money is refundable and applicable to the Purchase Price, upon deposit, unless the Buyer exercises any right to terminate this Agreement. B. Balance of Purchase Price. Any balance of the Purchase 1 Centerville Schifsky PA version 09092022-2 for Council Packet 3. REPRESENTATIONS AND WARRANTIES BY SELLER. Seller represents and warrants to Buyer as follows: A. Authority. The terms of this Agreement have been properly approved by the Seller, including, without limitation, as evidenced by the adoption of any requisite City Council resolutions, the Seller has complied with all applicable laws regarding the sale of public property to a private party, and the parties executing this Agreement on behalf of the Seller have been duly authorized to execute this Agreement and to bind the Seller to the terms hereof. All documents executed by Seller which are to be delivered at the Closing are duly authorized, executed, and delivered by the Seller, are legal, valid, and binding obligations of Seller, are sufficient to convey title and do not violate any provisions of any agreement to which Seller is a party or to which it is subject. B. Title to Real Property. Seller owns fee title to the Real Property, free and clear of all encumbrances and there are no leases or other agreements granting third parties any right to possess or purchase any portion of the Real Property being sold. C. Utilities. The Real Property has services nearby to supply water, storm sewer and sanitary sewer and Seller has received no notice of actual or threatened reduction or curtailment of any utility service now supplied to the Real Property. Aspects related to adequacy of existing services to the purposes for the Real Property will be set forth in the Development Agreement to be entered into by and between Seller and Buyer as contemplated by Section 3.M hereof. D. Environmental Laws. To knowledge, the Real Property does not contain any toxic or hazardous substances or wastes, pollutants or contaminants (including, without limitations, asbestos, urea formaldehyde, the group of organic compounds known as polychlorinated biphenyls, petroleum products including gasoline, fuel oil, crude oil and various constituents of such products, and any hazardous substance as defined in the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), 42 U.S.C. § 9601.9657, as amended) otherwise placed, deposited in or located on the Real Property in violation of applicable laws or regulations, nor to the best knowledge of Seller, has any activity been undertaken on the Real Property that would cause or contribute to (i) the Real Property becoming a treatment, storage or disposal facility within the meaning of and in violation of the Resource Conservation and Recovery Act of 1976, ("RCRA"), 42 U.S.C. § 6901 et seq., or any similar state law or local ordinance, (ii) a release or threatened release of Hazardous Substances from the Real Property within the ambit of CERCLA or any similar state law or local ordinance, or (iii) the discharge of pollutants or effluents into any water source or system, the dredging or filling of any waters or the discharge into the air of any emissions, that would require a permit under the Federal Water Act, 33 U.S.C. § 1251 et seq., or the Clean Air Act, 42 U.S.C. §7401, et seq. the site was cleaned of contaminants and inspected by the Minnesota Pollution Control Agency, which identified this site as Leak 7546. E. Rights of Others to the Real Property. Seller has not entered into any 2 Centerville Schifsky PA version 09092022-2 for Council Packet othercontractsforthesaleoftheRealProperty,norarethereanyrightsoffirstrefusal or options to purchase the Real Property or any other rights of others that might prevent the consummation of this Agreement. As of the date of this Agreement and the Closing Date, there are no agreements or understandings between Seller and any other parties which materially affect the operation or financing of the Real Property as currently operated by Seller that have not been disclosed to Buyer pursuant to this Agreement. F. Seller's Defaults. Seller is not in default concerning any of its obligations or liabilities regarding the Real Property. G. FIRPTA. Seller is not a "foreign person", "foreign partnership", "foreign trust" or "foreign estate" as those terms are defined in Section 1445 of the Internal Revenue Code. H. Proceedings. There is no action, litigation, investigation, condemnation, or proceeding of any kind pending or to the best knowledge of Seller, threatened against Seller or any portion of the Real Property. I. Insurance. As of the date of this Agreement and the Closing Date, Seller has received no notice or complaint from any insurance underwriter relating to the condition of or operations of the Real Property, and Seller represents that Seller ensation insurance. J. Well Disclosure/Storage Tanks. There are no wells, monitoring wells or storage tanks on the Real Property within the meaning of Minn. Stat. § 103.I. This warranty is given pursuant to Minn. Stat. § 103.I. K. Methamphetamine Production methamphetamine production has occurred on the Real Property. L. Special Assessments. There are no pending or levied assessments in connection with the Real Property. The Buyer has agreed to make in kind payments related to assessments as part of its financial commitments as set forth in Exhibit B and Exhibit C, hereto. M. Documents. Seller has or will promptly provide Buyer accurate and complete c possession regarding the Real Property. N. Community Development Block Grants. Seller used funds from Community Development Block Grants to improve the Real Property. These Grants created conditions that run with the land and will bind future owners. Buyer is required to obey these conditions as set forth in the Grant documents. Buyer agrees and shall conform to all requirements of the Grants as if it were the Seller, and in the event that Buyer does not honor these obligations, and if such failure continues for a period of thirty (30) days after written notice thereof, Seller shall have the right to take any action nd Seller agree to transfer the obligations and conditions set forth in this subparagraph into a future Developers Agreement between the parties. O. Memorandum Of Understanding. A Memorandum of Understanding, 3 Centerville Schifsky PA version 09092022-2 for Council Packet a copy of which is attached hereto and incorporat and a submitted Block 7 to Seller, a copy of which is attached hereto and incorporated herein as Exhibit C ; the terms and conditions of these Exhibits MOU and the Buyer RFP Response are incorporated into this Agreement by reference. Buyer and Seller agree to transfer the obligations and conditions set forth in this subparagraph into a future Developers Agreement between the parties. P. Indemnification. Closing. Seller will defend, indemnify, and hold Buyer harmless from any claims arising 4. CONDITIONS PRECEDENT. A. Pre-Closing Conditions. Unless otherwise set forth herein, the obligations of Buyer under this Agreement are expressly contingent upon the satisfaction of each of the following conditions to be satisfied or waived in sole discretion Pre- Sections 4.A(ii) or 17: (i) Due Diligence. Buyer may perform, at its sole cost and expense, examinations and inspections relative to the economic and physical feasibility of the Real Property as Buyer determines in its sole and absolute discretion, including, without limitation, engineering studies, wetland delineation, market analysis, financial feasibility analysis including the availability of financing, and Seller agrees to promptly provide Buyer with all readily available property information to assist igence, including without limitation the Documents. If such Tests reveal any condition or circumstances which Buyer Buyer has the right and option to terminate this Agreement by written notice delivered to Seller on or before the Condition Date as set forth herein, at which time the Earnest Money will be refunded to Buyer, and this Agreement will be of no further force or effect. (ii) Documents. Within five (5) days of the Effective Date, Seller will provide to Buyer all relevant documents in current possession, relevant to the Real Property, including, without limitation, any municipal or governmental approvals for the Real Property, any notices or correspondence from any governmental agency, resolutions, agendas, staff reports, studies, analysis, tax statements, permits, soil reports, environmental assessment, leases, surveys, appraisals, or any other documents relevant to the Real may review all records in possession subject to the Minnesota Data Practices Act. (iii) Construction Financing. Buyer determines that competitive lending sources are available for construction and permanent financing for use of the Real Property, under terms and conditions acceptable to Buyer in its sole and absolute discretion. 4 Centerville Schifsky PA version 09092022-2 for Council Packet (iv)Approvals.or future receipt of all Approvals(as that term is defined herein) Buyer deems necessary from the City and any other applicable Property, all under terms and conditions acceptable to Buyer in its sole discretion, including, without limitation: (a) approval of the re-zoning, planned unit development or conditional use permit, if required, of the Real Property for the Project (as that term is defined herein), (b) approval of the site plan, (c) approval of the Final Plat (as that term is defined herein, together with a development agreement with the City, and any other agreements necessary for the installation (and payment thereof) of utilities, public streets and other infrastructure that serve the Real Property now or in the future (collectively ed for the Project, including a building permit, issued by the City, allowing for the construction of up to a 26 units of townhomes on the Real Property (the Closing Date) ((a) through (d) are hereinafter collectively referred to as Buyer shall be solely responsible for all costs associated with obtaining the Approvals. Buyer will pay the building permit costs that are related directly to the Project. (v) The Final Plat. The City shall adopt, a resolution approving any requisite final plat of the Real Property, vacating any existing public easements, or granting any easements required for the Project (collectively, the if the Real Property is not currently a separate tax parcel. Buyer shall be solely responsible for all of the costs associated with the preparation of the preliminary plat and Final Plat. Seller shall be responsible for the recordation of the Final Plat on or before Closing. (v)(vi) Pre-closing Marketing Agreement Between Seller and Buyer. Seller will allow Buyer to install two commercial real estate signs on the Real Property prior to closing this transaction for purposes of assisting Buyer in pre- selling single townhome units to potential retail end-buyers. Signage shall abide by applicable signage law and regulation. -Closing Conditions on or before the Condition Date, Buyer may, at its sole and absolute discretion, by written notice to Seller given on or before 5:00 p.m. Minnesota time on the Condition Date, terminate this Agreement and the Earnest Money will promptly be returned to Buyer and neither Buyer nor Seller will have any further right, privilege, duty or obligation under this Agreement, (unless exclusively set forth herein). Failure of Buyer to give Seller notice of its election to terminate this Agreement prior to the Condition Date constitutes waiver by Buyer of the -Closing Conditions. Condition by written notice to Seller. B. Closing Conditions. The following conditions are conditions precedent (i) Access. Seller will allow Buyer, and Buyer's agents, access to the Real Property without charge and at all reasonable times for the purpose of Buyer's inspection of the Real Property. Buyer will pay all costs and expenses 5 Centerville Schifsky PA version 09092022-2 for Council Packet of such investigationandtestingandwillholdSellerandtheRealProperty harmless from all costs and liabilities relating to Buyer's activities, except arising out of any existing environmental conditions or any negligence or willful misconduct of the Seller, its agents, employees or contractors. Buyer will further repair and restore any damage to the Real Property caused by or occurring during Buyer's testing and return the Real Property to substantially the same condition as existed prior to Buyer's entry. Seller will fully cooperate with Buyer to enable Buyer Pre-closing Marketing Agreement between Seller and Buyer: Additionally, Seller will allow Buyer to install two commercial real estate signs on the subject site prior to closing this transaction for purposes of assisting Buyer in pre-selling single townhome units to potential retail end-buyers. (i)(ii) Representations and Warranties by Seller. The representations and warranties of Seller contained in this Agreement must be true now and on the Closing Date as if made on the Closing Date. (ii)(iii) Title. Buyer must be able to obtain the Title Policy (as that term is defined herein) in accordance with the requirements and terms of Section 5.C. below. (iii)(iv) Performance of Seller's Obligations. Seller has performed all of the obligations required to be performed by Seller under this Agreement, as and when required by this Agreement. (iv)(v) Approvals (and the lapsing of any rights of appeal). adoption of resolutions granting the Approvals, in form acceptable to the Buyer, in its sole discretion. (v)(vi) Construction Loan Financing. All conditions for closing on (vi)(vii) Closing Documents. to Section 6.A. in form reasonably acceptable to Buyer and the Title Company. (vii)(viii) Conditions. There exists no material change in the environmental or physical condition of the Real Property between the Condition Date and the Closing. (viii)(ix) Zoning. The Real Property is currently zoned Mixed Use District M- 1, under which classification the project described in Section 5.A hereof is a permitted use. (ix)(x) Community Development Block Grants. Seller used funds from Community Development Block Grants to improve the Real Property. These Grants created conditions that run with the land and will bind future owners. Buyer is required to obey these conditions as set forth in the Grant documents. Buyer agrees and shall conform to all requirements of the Grants as if it were the Seller, and in the event that Buyer does not honor these obligations, Buyer agrees to allow Seller to take any action it deems necessary to conform to the 6 Centerville Schifsky PA version 09092022-2 for Council Packet Grantsobligations. Buyer and Seller agree to transfer the obligations and conditions set forth in this subparagraph into a future Developers Agreement between the parties. (x)(xi) Memorandum Of Understanding. Exhibits B & C, respectively tThe Memorandum of Understanding, and a Response to RFP for Block 7 to Seller, the terms and conditions of those documents are incorporated into this Agreement by reference. Buyer and Seller agree to transfer the obligations and conditions set forth in this subparagraph into a future Developers Agreement between the parties, the execution of which by both on to close the transaction contemplated hereby. In the event the Closing Conditions set forth in this paragraph 4.B are not satisfied as of the Closing Date, Buyer may elect to terminate this Agreement or waive satisfaction ns and close by giving written notice to Seller. 5. REPRESENTATIONS AND WARRANTIES BY BUYER. Buyer represents and warrants to Seller as follows: A. Intention.: The Buyer intends to construct a minimum of 26 units of townhomes. Subject to delays due beyond the reasonable control of Buyer and which are not specific to Buyer, including labor strikes or area-wide labor shortages, area-wide material or energy shortages, casualty damages or acts of nature, rioting or civil unrest, pandemic or war, but otherwise excluding construction of not less than thirteen (13) such townhouse units within twelve (12) to fifteen (15) months of Closing, with the balance to be completed within thirty twenty-four (24) to thirty (30) months of Closing, or as otherwise renegotiated by mutual assent of the parties at the time of entering into the Development Agreement. If Buyer determines that Buyer has been delayed due to force majeure, then Buyer shall provide written notice to the City, specifying the nature of the force majeure, and the expected time frame for resolution thereof, if available. Within ten (10) days thereafter, the parties shall meet and confer in good faith to adjust the applicable completion deadlines affected by such force majeure. If the City and Buyer disagree as to whether Buyer is entitled to a force majeure delay, the parties shall submit such dispute to arbitration as contemplated by Section 18 hereof. Notwithstanding anything contained herein to the contrary, no Force Majeure Delay hereunder shall delay any applicable completion deadline for a period of more than two (2) years. The Buyer understands that a for community development and construction of a project of this nature is an integral reason the City agrees to sell the Real Property to the Buyer for $1.00. Construction of a project of this nature is a condition of this sale of the Real Property to the Buyer. B. City Repurchase Right. If the Buyer does not complete (i) all mass grading of the Real Property, (ii) installation of all sanitary sewer lines, storm sewer lines and water lines on the Real Property and (iii) installation and construction of all private streets and the public trail (which shall not include sidewalks) to be located within the Real Property as per the Final Plat, within twenty four (24) months of Closing, subject to 7 Centerville Schifsky PA version 09092022-2 for Council Packet the Seller upon written demand therefor in exchange for S amount equal to the Purchase Price (the Repurchase Upon completion of the Buyer Infrastructure Work, the City agrees to execute and deliver to the Buyer a release of the City Repurchase Right in recordable form (the shall pay the cost of recording the City Repurchase Right Release. C. Buyer Letter of Credit and Performance Bond. The Buyer shall deliver to the City at Closing a combination of a letter of credit and a performance bond under which the Buyer and/or the City, as the case may be, are listed as the beneficiaries or obligees construction of the homes to be constructed on the Real Property which are designated Credit/Performance Bonda combination of letter of credit and performance bond shall be in the aggregate amount of $400,000 and shall be issued by a recognized lending institution and bonding company, with assets of not less than $50,000,000.00 as it relates to the Letter of Credit, and both the letter of credit and the performance bond shall be issued by mutually acceptable institutions and in forms acceptable to the City in its reasonable discretion. The City agrees that the face amounts of the Buyer Letter of Credit and the Performance Bond shall be subject to pro rata reductions upon completion of construction (as evidenced by issuance by the City of a certificate of occupancy for such unit) of each unit of affordable housing, and presentation to the City of evidence that a covenant has been placed of record against such unit insuring compliance with the affordable housing requirements set forth in the CDBG grants made of Credit and performance bond shall provide, in relevant part, that the City may submit a sight draft or other request for payment thereunder in the event that the Buyer fails to complete the required number of affordable housing units by the deadlines set forth herein and provide to the City the required Affordability Covenant with respect thereto, and such failure continues for a period of thirty (30) days after written notice of such failure. D. HOA Pre-Funding. At Closing, Buyer agrees to deposit in escrow the sum of $65,000 as security for the obligation of the Buyer to construct and complete the required number of townhome units (i.e., 26) on the Real Property (the Title Company pursuant to an escrow agreement in form and substance acceptable to the Buyer, the . Buyer shall prepare a proposed form of the Escrow Agreement and provide the same to the City within twenty (20) days after the date hereof, and the parties shall thereafter negotiate the same in good faith with the intent to agree upon the terms thereof prior to the Condition Date. The Escrow Agreement shall provide, in relevant part, that Buyer shall receive distribution from the Title Company the amount of Five Thousand and 00/100 Dollars ($5,000.00) from the Buyer Completion Deposit with the closing of the sale of each townhome unit constructed on the Real Property, commencing with the fourteenth thth (14) townhome unit sold, with the intent that, upon closing of the twenty-sixth (26) townhome unit, the entire Buyer Completion Deposit shall have been returned to Buyer. If Buyer fails to complete the construction of the required number of townhome units on the Real Property as and when required hereunder, the City may draw upon the Buyer Completion Deposit as per the terms of the Escrow Agreement to defray to assessments and costs otherwise payable by purchasers of townhome units on the 8 Centerville Schifsky PA version 09092022-2 for Council Packet Real Property in connection with management, maintenance and operation of the subject property. E. Scope Of Agreement. Buyer understands and agrees that Seller is both the landowner of the Real Property and a regulatory entity governing development of the Real Property. Unless identified herein, the terms of this Agreement bind the Seller as the landowner of the Real Property but do not bind the City in its role as a regulatory entity governing development of the Real Property. F. Law and Regulation. Development of the Real Property is subject to law and regulation. Nothing in this Agreement is intended to subvert or change the terms of existing law and regulation. Other Agreements. Development of the Real Property will be subject to a Subdivision and Development Agreement, and an agreement governing the terms of Tax Increment Financing between the Seller and Buyer. Those agreements shall be negotiated independent of the instant Purchase Agreement. The terms of this Purchase Agreement shall not be binding on the terms of those agreements unless specifically stated herein. G. Easements. Buyer will grant Seller perpetual rights and easements allowing Seller to access and maintain public utilities, sidewalks, trails, and other public facilities on the Real Property. H. Character And Construction. Buyer will create a townhome project of similar character and construction to that approved for Centra Homes as a result of the 2021 Request For Proposal process for this Real Property. Buyer affirms that its development shall have full license and title to all creative works, intellectual property, and copywrite. I. Construction Approval. Buyer will secure approval from Seller of the design and construction quality of the development of the Real Estate and the construction of structures thereon; and of parties to complete all phases of the development of the Real Estate and the construction of structures thereon. G.J. Indemnification. Buyer representations and warranties survive Closing. Buyer will defend, indemnify, and hold Seller harmless from any claims arising warranties. 6. TITLE. A. Title Insurance Commitment. The Seller will within twenty (20) days after the date of this Agreement deliver to Buyer, a commitment from Land Title, Inc. (hereinafter, either or the for an Owner's Policy of Title title to the Real Property, deleting standard exceptions. The Title Commitment will commit Title to insure title to the Real Property subject only to permitted encumbrances which are consented The Title Commitment and any survey that Buyer elects to obtain (to be delivered to Buyer pursuant to Section 4.A.) will hereinafter be referred to as B. Buyer's Objections. Within twenty (20) days after receiving the last of 9 Centerville Schifsky PA version 09092022-2 for Council Packet the Evidence of Title, Buyer may make written objections ("Objections") to the form and/or content of the Evidence of Title. Buyer's failure to make Objections within such time period will constitute a waiver of Objections shown in the Evidence of the Title. Any matter shown on the Title Commitment and not objected to by Buyer will become a "Permitted Encumbrance". Seller will have twenty (20) days after receipt of the Objections to cure the Objections, during which period the Closing will be extended as necessary. Seller will use its best efforts to correct any Objections. If the Objections are not cured within such twenty (20) day period, Buyer will have the option to do any of the following: (i) Terminate this Agreement and receive a refund of the Earnest Money. (ii) Pay any lien or encumbrance which may be cured by the payment of money and thereafter reduce the amount of cash payable to Seller at the Closing. (iii) Waive the Objections and proceed to Close. C. Title Update. Prior to Closing, Buyer may obtain an update of the Title Commitment, including a Title Commitment for any Final If the Title Update discloses a title matter that was not disclosed in the Title Commitment or the Survey, Buyer may deliver to Seller, within five (5) business days following Objections to any matter first disclosed in the Title Update accompanied by a copy of the Title Update. Seller will use best efforts to correct any Objections set forth in this Section 6, and if the Objections are not cured within ten (10) days from the date of receipt of the Title Update, Buyer will have the options set forth in Section 5.B(i)-(iii). D. Title Policy. Buyer, at Closing, at its expense may obtain the title policy ("Title Policy") issued by Title pursuant to the Commitment, or a suitably marked up Commitment or Pro-Forma Title Policy initialed by Title undertaking to issue such a Title Policy in the form required by the Commitment as approved by the Buyer. 7. CLOSING. Unless otherwise agreed by the parties in writing, Closing shall occur on the later of (i) the Condition Date or (ii) a date thirty (30) days following approval of Final Plat by both the Centerville City Council and the Anoka County Examiner; provided, however, that Closing shall on or before May 1, 2023in any no event occur between November 1, 2022, and April 30, 2023. The Closing will take place at the office of Title or at such other date and time as the parties may mutually agree upon in writing. A. Seller's Closing Documents. On the Closing Date(s), Seller will sign Closing for the respective Lot, if Buyer elects to close in phases: (i) Warranty Deed. A Warranty Deed in recordable form acceptable to Buyer conveying the Real Property from Seller to Buyer, free and clear of any encumbrances except the Permitted Encumbrances. (ii) Seller's Affidavit. An Affidavit by Seller indicating that on the Closing Date there are no outstanding, unsatisfied judgments, tax liens or bankruptcies against or involving Seller or the Real Property; that there has 10 Centerville Schifsky PA version 09092022-2 for Council Packet beennoskill, labor or material furnished to the Real Property for which payment has not been made or for which mechanic's liens could be filed; and that there are no other unrecorded interests in the Real Property together with any standard indemnity agreement required by Title to issue the Title Policy. (iii) FIRPTA Affidavit. A non-foreign affidavit, properly executed and in recordable form containing such information as is required by IRC § 1445(b)(2) and its regulations. (iv) Assignment. Assignment of all of the Documents and other documents relevant to the Project (at no cost to Buyer), Plans and any facets of the Property not covered by the Warranty Deed, in which Seller assigns all rights, title and interest in said Plans or Documents in form acceptable to the Buyer. (v) Final Plat. If not already recorded, the Final Plat which will evidence the subdivision of the Real Property into a separate tax parcel (or parcels). (vi) Additional Documents. Such other documents as Buyer may reasonably request to carry out the transactions contemplated under this Agreement. B. Buyer's Closing Documents. On the Closing Date, Buyer will sign and/or deliver to Seller the following (collectively, "Buyer's Closing Documents") at such Closing: (i) Earnest Money. The Buyer shall cause the Earnest Money to be released to the Seller. (ii) Additional Cash. The Additional Cash due at Closing, if any, by wire transfer of U.S. Federal Funds, cashier's check, cash or by certified check on the Closing Date payable to the Seller. (iii) Additional Documents. Such other documents as Seller may reasonably request to carry out the transactions contemplated under this Agreement. 8. PRORATIONS. Seller and Buyer agree to the following prorations and allocations of costs regarding this Agreement: A. Real Estate Taxes and Special Assessments. The real estate taxes due and payable in all years prior to the year of Closing and all deferred, levied or pending special assessments as of the Closing Date will be paid in full by the Seller. The Seller is also responsible for paying any interest and penalties due thereon. The real estate taxes due and payable in the year of Closing, will be prorated as of the Closing Date, based on the calendar year. Special assessments levied after the Closing Date (other than those pending as of the Closing Date, which are to be paid by Seller) will be the responsibility of the Buyer. Seller represents that the Property will be non-homestead classification. Seller will pay any and all Green Acre Recapture at 11 Centerville Schifsky PA version 09092022-2 for Council Packet Closing.Iftherealestatetaxesandspecial assessment are estimated due to the subdivision of the Real Property a larger parcel(s), the real estate taxes and special assessments will be estimated on per square foot basis as reasonably agreed to between the Buyer and the Seller. B. State Deed Tax. Seller will pay any State Deed Tax necessary to record the Warranty Deed. C. Recording Costs. Buyer will pay the cost of recording the Warranty Deed, and Seller will pay the cost of recording all additional documents necessary to place record title in the condition warranted by Seller in this Agreement. The Buyer will pay the costs of recording all other documents. D. Other Costs. All operating costs of the Real Property will be allocated between Seller and Buyer as of the Closing Date, so that Seller pays that part of such operating costs payable before the Closing Date, and the Buyer pays that part of such operating costs payable from and after the Closing Date. Any closing costs not expressly allocated herein shall be allocated between Buyer and Seller in accordance with custom and practice in similar commercial real estate transactions in Anoka County, Minnesota. E. Closing Fee. Buyer will pay any closing fee charged by the Title Company at Closing. 9. OPERATION PRIOR TO CLOSING. During the period from the date of Seller's acceptance of this Agreement to the Closing Date (the "Executory Period"), Seller will operate and maintain the Real Property in the ordinary course of business in accordance with prudent, reasonable business standards, including the maintenance of adequate liability insurance Seller will execute no contracts, leases or other agreements regarding the Real Property during the Executory Period that are not terminable on or before the Closing Date, without the prior written consent of Buyer, which consent may be withheld by Buyer in its sole discretion. 10. DAMAGE. If, prior to the Closing Date, all or any part of the Real Property is substantially damaged by fire or other casualty, the elements or any other cause, the Seller will immediately give notice to Buyer of such fact and at Buyer's option (to be exercised within twenty (20) days after Seller's notice), this Agreement will terminate, in which event neither party will have any further obligations under this Agreement and the Earnest Money will be refunded to Buyer or Buyer may elect to Close, in which case Seller shall assign to Buyer all unused proceeds related to such damage. 11. NOTICES. All notices and demands given or required to be given by any party hereto to any other party shall be deemed to have been properly given if and when delivered in person, the next business day after being sent by reputable overnight commercial courier (e.g. U.P.S. or Federal Express), sent by facsimile (with verification of receipt) or three (3) business days after having been deposited in any U.S. Postal Service and sent by registered or certified mail, postage prepaid, addressed as follows (or sent to such other address as any party shall specify to the other party pursuant to the provisions of this Section): 12 Centerville Schifsky PA version 09092022-2 for Council Packet IftoSeller: With a copy to: City of Centerville Attn: Mark Statz Berglund, Baumgartner, Kimball & Glaser, LLC Attn: Kurt Glaser 1880 Main Street Centerville, MN 5503 333 Washington Avenue Phone: 651-792-7931 405 Union Plaza Building Minneapolis, MN 55401 Email:mstatz@centervillemn.com Phone: 612-333-6513 Email: KGlaser@BBKGLaw.com And to: Titus Commercial Real Estate Mike Brass th 2025 4 St White Bear Lake, MN 55110 Phone: 612 750 4312 Email: Mike@mikebrass.com If to Buyer: With copies to: Carson Schifsky, Jim and Tracy Boo SCHIFSKY COMPANIES 5725 165th St N, Hugo, MN 55038 HIGH POINTE REALTY/DEVELOPMENT carson@schifskycompanies.com 3476 Lake Elmo Avenue North 651-439-0603 Lake Elmo MN 55042 jimboo@teamboo.com 651-231-3111 and TRAMM LAW FIRM Attn: Matthew C. Tramm 3434 Lexington Avenue N #100 Shoreview, Minnesota 55126 matthew.tramm@trammlawfirm.com 651-967-4151 In the event either party delivers a notice by facsimile, as set forth above, such party agrees to deposit the originals of the notice in a post office, branch post office, or mail depository maintained by the U.S. Postal Service, postage prepaid and addressed as set forth above. Such deposit in the U.S. Mail shall not affect the deemed delivery of the notice by facsimile, provided that the procedures set forth above are fully complied with. Any party, by notice given as aforesaid, may change the address to which subsequent notices are to be sent to such party. Attorneys for each party are authorized to give notices for each such party. 12. POSSESSION. Possession of the Real Property will be delivered by the Seller 13 Centerville Schifsky PA version 09092022-2 for Council Packet to the Buyer on the Date of Closing. 13. REMEDIES. If Buyer defaults under this Agreement and fails to cure such default within the time period allowed by Minn. Stat. § 559.21, subd. 4(a) (30 days), this Agreement will terminate, and upon such termination, Seller will retain the Earnest Money as liquidated damages. The termination of this Agreement and the retention of the Earnest Money will be the sole remedy available to Seller for such default by Buyer, and Buyer will not be liable for damages or specific performance. If Seller defaults under this Agreement, Buyer may; (i) terminate this Agreement; and, (ii) seek and recover specific performance, provided, that such action for specific performance is commenced within two (2) months after such cause of action arises; provided, however, that if for any reason outside the control of Buyer the remedy of specific performance is not available to Buyer or would be an inappropriate and ineffective remedy under the circumstances, such as would be the case in the instance of default in its obligation to deliver good and marketable title to the Real Property, Buyer may seek recovery from the Seller of all costs and expenses incurred in connection with the negotiation of this Agreement and the proposed acquisition of the Real Property. 14. CONDEMNATION. If, prior to the Closing Date, (a) all or any part of the Real Property is condemned or appropriated by public authorities or any party exercising the right of eminent domain, or is threatened thereby, or (b) access to the Real Property is reduced or restricted by condemnation or appropriation by public authorities or any party exercising the right or eminent domain, or is threatened thereby, Seller shall immediately give written notice to Buyer of such fact and Buyer may, at its sole option (to be exercised within fifteen (15) days after (i) terminate this Agreement, in which event neither party will have any further obligations under this Agreement and the Earnest Money, together with any accrued interest, shall be refunded to Buyer, or (ii) close the transaction upon the terms and conditions contained herein and Seller shall assign to Buyer all of their right, title and interest in and to any award made or to be made in the condemnation proceedings. 15. POST CLOSING OBLIGATIONS. At any time and from time to time after the Closing Date, each party will upon request of another party, execute, acknowledge and deliver all such further and other assurances and documents, and will take such actions consistent with the terms of this Agreement, as may be reasonably requested to carry out the transactions contemplated herein and to permit each party to enjoy its rights and benefits hereunder. If requested by Buyer, Seller further agrees, subject to approval by the City Council, to prosecute or otherwise enforce in its own name for the benefit of Buyer, any civil claim, right or benefit transferred by this Agreement that may require prosecution or enforcement in Seller's name. Any prosecution or enforcement of claims, rights or benefits under this provision shall be solely at Buyer's expense, unless the prosecution or enforcement is made necessary by a breach of this Agreement on the part of the Seller. 16. ENTIRE AGREEMENT, MODIFICATION AND WAIVER. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings of the parties, and there are no warranties, representations or other agreements between the parties in connection with the subject matter hereof, except as specifically set forth in this Agreement. No supplement, modification or waiver of this Agreement shall be binding unless it is executed in writing by the party to be bound thereby. No waiver of any of the provisions of this Agreement 14 Centerville Schifsky PA version 09092022-2 for Council Packet shallbedeemed or shall constitute a waiver of any other provisions whether or not similar, nor shall such waiver constitute a continuing waiver. 15 Centerville Schifsky PA version 09092022-2 for Council Packet 17. EXTENSION. defined in Section 4, or is unable to close on or before the Closing, due to delays beyond the reasonable control of Buyer, Seller, upon written request to Seller, on or before 5:00 p.m. Minnesota Time on the last day of the Condition Date or Closing (whichever is applicable Five Thousand Dollars ($5,000.00) nonrefundable Earnest Money (unless Buyer terminates this Agreement pursuant to Sections 4, 6, 10, 13 or 14) agrees to one (1), sixty (60) day extension of either: (i) the Condition Date or (ii) the Date of Closing, as may be requested by Buyer. Notwithstanding the foregoing, such extension fee shall not be payable if Closing (or the satisfaction of any condition to obligations hereunder) is delayed if either (i) Seller is in default hereunder or (ii) any condition to closing, the satisfaction of which is under the control of Seller, is not satisfied. 18. DISPUTE RESOLUTION. The parties agree to submit any dispute arising hereunder to binding arbitration, to be held in Anoka County, Minnesota in accordance with the rules of the American Arbitration Association. The parties agree to confer in good faith to select a retired or inactive judge with reasonable experience in the handling of real estate or construction issues, to act as arbitrator. If the parties cannot agree on an arbitrator, either party may apply to the Anoka County District Court to seek appointment of an arbitrator. The fees of the arbitrator shall be split equally between the parties. The parties shall endeavor in good faith to schedule the arbitration hearing within three (3) months after the date either party issues a notice of dispute to the other party hereunder. 19. SUCCESSORS AND ASSIGNS. This Agreement will be binding upon and inure to the benefit of the parties, their successors and assigns for the purposes set forth in written consent. 20. GOVERNING LAW. This Agreement was executed in Minnesota, and shall be governed by the laws of the State of Minnesota. 21. MUTUAL DRAFTING. This Agreement is the mutual product of the parties and each provision hereof has been subject to the mutual consultation, negotiation and agreement of each of the parties, and shall not be construed for or against any party to this Agreement. 22. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. 23. HEADINGS. Headings contained herein are for reference only and are not a part of this Agreement. 24. ABSENCE OF THIRD PARTYTHIRD-PARTY BENEFICIARY RIGHTS. No provision of this Agreement is intended, nor is any provision to be interpreted to provide or create any third partythird-party beneficiary rights or any other rights of any kind in any client, customer, affiliate, shareholder, employee or partner of any party to this Agreement or any other person or entity. 25. REAL ESTATE EXCHANGE. The Seller and Buyer acknowledge that the sale 16 Centerville Schifsky PA version 09092022-2 for Council Packet and purchaseoftheRealPropertymaybepartofatax-freeexchangeforoneorbothparties, and the Seller and Buyer agree to cooperate to complete said 1031 tax-free exchange(s). 26. SURVIVAL. Except as otherwise provided herein, all of the terms (including, without limitation, warranties, and representations) of this Agreement will survive and be enforceable after the Closing. 27. PROJECT SIGNAGE. Commencing from the Effective Date, until the Closing or termination of this Agreement, Seller grants Buyer a license to post a project sign on the Real Property. The Buyer will pay for the cost of the fabrication, installation and removal of the sign. Project sign must comply with applicable law. IN WITNESS WHEREOF, the parties have executed this Real Estate Purchase Agreement as of the later of the dates set forth below: SELLER: CITY OF CENTERVILLE, MINNESOTA By: Its: And: Its: \[REMAINDER OF PAGE LEFT BLANK\] 17 Centerville Schifsky PA version 09092022-2 for Council Packet BUYER: SCHIFSKY COMPANIES, INC. By: Its: President Date:______________________________ \[REMAINDER OF PAGE LEFT BLANK\] 18 Centerville Schifsky PA version 09092022-2 for Council Packet EXHIBITA LEGAL DESCRIPTION OF REAL PROPERTY 19 Centerville Schifsky PA version 09092022-2 for Council Packet EXHIBITB COPY OF MEMORANDUM OF UNDERSTANDING MEMORANDUM OF UNDERSTANDING City of Centerville and Schifsky Companies, Inc. Whereas, the City of Centerville and Schifsky Companies, Inc., desire to enter into this Memorandum of Understand to further the sale and redevelopment of City-owned property known as Block 7, Centerville, Anoka County, Minnesota. The parties are not bound to each other until such time as a formal agreement enjoins the parties or this real property. Whereas, Schifsky Companies, Inc. proposes to construct 26 units of attached Townhomes on Block 7, Centerville, but may, explore more or less units of similar style within the density requirements of the M-2 Zoning District; and, Whereas, the City of Centerville has provided or will provide Schifsky Companies, Inc. with all existing documentation related to the site, including soil borings, certificates of survey, environmental reports and other similar documents and that any further information deemed necessary to complete the due diligence for the site shall be the responsibility of Schifsky Companies, Inc. Whereas, the City of Centerville and Schifsky Companies, Inc. agree to engage in design development discussions over the next six months, during which time the city will not seek or entertain proposals from other developers. Whereas, _the City of Centerville requires that funds be escrowed to cover the costs of staff and consultants time involving the review of plans, inspection of construction, and formulating legal documents for the project in question; and, Whereas, the City requires certain fees to offset the cost of this development and to pay for the impact of the new construction on our utility systems; and; Whereas, both entities have determined and agreed the costs, fees, and land price, associated with this project and the sale of this real property shall be consistent with the Response to Request for Proposals (RFP) for Block 7 Redevelopment, submitted to the City by Schifsky Companies, Inc., and reviewed and recommended by the Centerville Planning and Zoning Commission on August 24, 2022. A copy of this document is attached; and, Whereas, in addition to the terms in the Response to RFP for Block 7 Redevelopment, the parties have determined and agreed as follows: Schifsky Companies, Inc. shall bear some 'off site' to develop Block 7, and these costs shall not exceed $100,000. These off-site costs may include but are not limited to a proposed streetscape plan, electrical service, or water irrigation systems in the vicinity of Block 7; Page 1 Centerville Schifsky PA version 09092022-2 for Council Packet Schifsky Companies, Inc. agrees to fulfill of the City's requirements for Community Development Block Grant funds tied to Block 7; Schifsky Companies, Inc. agrees that any Homeowners Association which may govern the future development of Block 7 shall meet with the approval of the City. Schifsky Companies, Inc. agrees to pay the City for its Engineering, Administrative and Legal fees for preparation and review of plans and documents leading up to the formal agreement and land use approvals for this development project. \[REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK\] For the City of Centerville. Approved by the City Council of Centerville on August 24, 2022. D. Love, Mayor Attest: _____________________________ Teresa Bender, City Clerk REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK Page 2 of 3 Centerville Schifsky PA version 09092022-2 for Council Packet FOR THE SCHIFSKY COMPANIES, INC. Schifsky Companies, Inc. _______________________________________ By: Carson Schifsky Its: President Date:____________________________________ \[REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK\] Page 3 of 3 Centerville Schifsky PA version 09092022-2 for Council Packet EXHIBIT C COPY OF BUYER BLOCK 7 PROPOSAL TO SELLER SCHIFSKY COMPANIES, INC. Attn: Mark Statz, PE - City Administrator/Engineer 1800 Main Street Centerville, MN 55038 RE: Response to RFP for Block 7 Redevelopment Dear Mr. Statz, I am pleased to say that Schifsky Companies is a family owned and operated construction business from Stillwater, MN. With two generations of experience, we take pride in using our years of expertise to offer the best solutions to any real estate, construction, or development project. We believe that people are the center of our business, and with this belief, our finished product will be completed optimally when the users, customers, employees, neighbors, residents, and the City officials are at the center of our focus. Accordingly, yielding quality and integrity are a natural result of a people-focused business. Schifsky Companies is also proud and pleased to be in collaboration with Jim Boo of High Pointe Realty & Development. As you know, Jim successfully completed BAYVIEW VILLAS in the City of Centerville, and we look forward to the same successful result with the revitalization of the BLOCK 7 Project. Schifsky Companies and High Point Realty & Development are honored to be under consideration as key principals for the BLOCK 7 revitalization project. We deem this project as a critical component to the Ci growth and plans for downtown Centerville. Schifsky Companies would deem it a privilege to be a valued participant in such a decisive project. Schifsky Companies is uniquely qualified to manage and complete the BLOCK 7 project as is evidenced by the significant track record of engaging in successful real estate developments across the Twin Cities. Schifsky Companies is proud to have assembled a team of construction, management, and sales professionals with vast experience in the real estate, construction, and development industries. As a family-owned and operated company focused in the North Metro, we bring years of experience and skill to the challenges and demands the BLOCK 7 project. We look forward to working in concert witobjectives for this key project. Our goal would be coalesce a new and innovative neighborhood that will attract people and families that will be proud to call Centerville their home! We appreciate your kind consideration and look forward to We look forward to developing the site in general conformity to the most recent project proposal approved and accepted by the City. We intend to properly acquire the renderings, building designs, architectural plans, and any available engineering work pursuant to said proposal. Obtaining the professional work that was generated to date will streamline the processing of this project for Schifsky Companies and the City. Respectfully submitted, SCHIFSKY COMPANIES, LLC By:___________________________________ Its: President Date: Schifsky Companies Response to RFP for Block 7 Redevelopment/ Centerville Schifsky PA version 09092022-2 for Council Packet Schifsky Companies, Inc. CONCEPT NARRATIVE: Upon preliminary review of the marketplace and current demand drivers, conditions present at the subject site, and taking into consideration the City of Centerville's stated goals for downtown development, our preliminary concept (subject to change, pending additional discussion with city representatives) contemplates the following: Twenty-Six (26) For-Sale, Attached Townhomes (Preliminary Concept) Density: 14.9 Units/Acre. Four (4) buildings Rear Alley-loaded (via future private drive to be constructed). Dense, Urban design with zero lot-line setbacks. Two-story structures with attached 2 Car Garage Strong, continuous facades will be articulated through varying finishes and features to create interest and appropriate scale. Detailed front-entries oriented towards the public sidewalk along Centerville Road, prioritizing a walkable and inviting pedestrian experience. Parking: Each home will provide residents with two (2) private, enclosed garage parking spaces (accessible from the new private road). Each home will provide an additional two (2) guest parking stalls via private driveways (accessible from the new private road). Reconstruction of the Existing Regional Trail Project will continue to provide public connectivity through the site to the area parks and trails network. Reconstructed trail will provide a buffer between existing homes and newly constructed homes. Unit Size (Preliminary Concept) Estimated range: 1600 - 1900 SF. HOA Maintained HOA will own and maintain private street, lawns, landscaping, and snow removal. Unit Price Points: Estimated baseline range: $295,000 - $350,000. Schifsky Companies Response to RFP for Block 7 Redevelopment/ Centerville Schifsky PA version 09092022-2 for Council Packet Target Demographics: The target market includes a range of home buyers who are seeking an affordable, new construction, low-maintenance home. Townhomes appeal to buyers who seek a walkable, connected experience to their hometown and surrounding amenities (outdoor recreation and parks, restaurants and retail, schools and services). Example target buyers include: First-time home buyers. Veterans and military personnel/active-duty families. Empty nesters and seniors looking to downsize. Lifecycle housing: often existing city residents who are seeking alternative housing types but wish to remain in this community. Affordability (2 units at 80% AMI): The project will meet the CDBG Funds requirements via: Two (2) homes sales will be restricted at cost limited to housing affordability thresholds defined by Metropolitan Council for qualified households being certified as having household income at or below 80% AMI. Affordability will be preserved through protective 20-year covenants per home. Land Purchase Price: We look forward to the opportunity to work with you to determine a mutually agreeable and appropriate land price. Our intent is to develop homes that maximize quality and deliver value for the long-term benefit of all stakeholders. The included City RFP spreadsheet provides additional detail about Land Price and other Costs associated with building this new neighborhood. Schifsky Companies Response to RFP for Block 7 Redevelopment/ Centerville Schifsky PA version 09092022-2 for Council Packet Schifsky Companies, Inc. CONCEPTUAL SITE DIAGRAM SCHIFSKY COMPANIES, INC. By: ______________________ Its: President DATE:_______________ _l _I_ J SOREL STREET I.. ---<---<-+---@ !- --->---->----- ----->--c; / I\[ V V I\]\] c::i "'- V \\ ,c, \\ \\ 1-- 0 \\ , \\ 2.23.74 ,,,.. I N89°5,9'1.2"W I ' r Schifsky Companies Response to RFP for Block 7 Redevelopment/ Centerville Schifsky PA version 09092022-2 for Council Packet Schifsky Companies, Inc. DESIGN INTENT per previous development submittal Consistency with Downtown Master Plan Vision We understand that the City of Centerville has several goals for the site, aimed at preserving and highlighting the character of the community. In particular, oriented around a "historic downtown" and "small town feel". The City of Centerville has invested significant time and effort into creating a design vision for Downtown. We believe that several design principles outlined in the master plan may be achievable and would constitute a unique and beautiful streetscape that will be appealing to home buyers and neighbors alike. Should SCHIFSKY COMPANIES be selected to proceed, we would revisit the design guidelines in detail with city representatives, along with our selected architect, to thoroughly vet and finalize design plans. Upon preliminary concept review, several of the City's desired design principles have begun to shape our inspiration set and proposed product choice, including: DOs Promote interesting, animated architectural features without being thematic or artificial - faux decorative elements are discouraged. Provide a variety of front elevations for rows of buildings along any given block. Each unit will reflect a unique design creating a stepping feeling down the street. Articulate front facades with projections and recesses. Encourage upper level setbacks and variety of roof edge treatments. Upper level step backs and patios will vary the front facade and roof. Emphasize pedestrian experience with architectural features at street level including stoops, steps porches awnings canopies, decorative light fixtures and material details. Front porches and entry features will create pedestrian friendly streets. Encourage a variety of color, texture and materials to complement other streetscape elements. Provide a diverse mix of materials, applied in a variety of proportions. The use of wrought iron as an accent is encouraged. Each unit will have similar but varying materials to make each unit identifiable from the unit next to it. Include smaller scale elements, variety of materials and careful detailing to support street level activities and enhance the pedestrian experience. Centerville Schifsky PA version 09092022-2 for Council Packet DONTs Avoid large, unarticulated facades. Avoid overly complex or arbitrary use of materials. Schifsky Companies will focus on achieving the worthy design goals, objectives, and aspirations as expressed above in the Document titled DESIGN INTENT. SCHIFSKY COMPANIES, INC. By: _________________________________ Its: President Date: _______________________________ Administrator/EngineerÓs Report September 14, 2022 ELECTIONS - IMPORTANT INFORMATION REGARDING ELECTIONS 2022 (GENERAL) ALONG WITH MUNICIPAL ELECTIONS (MAYOR & 2 COUNCIL SEATS) Incumbents D. Love filed for the Mayoral seat (2 year term), Darrin Mosher filed for one (1) of the Council seats and Michelle Lakso filed for the other Council seat. Council seats are a 4 year term. These names will appear on the General Election ballot for Municipal Offices. General Election voting will commence as follows: AbsenteeÏEnvelope Process, September 23, 2022 (City Hall, 7:30 a.m.Ï4:00 p.m. MondayÏFriday) AbsenteeÏDirect Balloting, November 1, 2022 (City Hall, 7:30 a.m.Ï4:00 p.m., MondayÏFriday, Saturday, November 5, 2022, 10:00 a.m.Ï3:00 p.m.) & Monday, November 7, 2022, 7:30 a.m.Ï5:00 p.m.) General ElectionÏNovember 8, 2022 (St. GenevieveÓs Community Parish Center, 6995 Centerville Road, 7:00 a.m.Ï8:00 p.m.) If you are new to Centerville, moved within Centerville or changed your name due to marriage or divorce, -please register or re-register in time for Election Day. If you have questions, please contact: (651) 792- 7933 or Anoka County Elections at: (763) 324-1300. VOLUNTEER OPPORTUNITIES We continue to search for volunteers to serve on two (2) of our Boards and Committees. There is an opening on our Parks & Recreation Committee, and one (1) on our Economic Development Authority (EDA) Board. Volunteering is an excellent way to get involved in the community, and connect with others. Information about meeting schedules is listed below. Please call city hall at 651-429-3232 wth any questions about these opportunities! Parks & Recreation Committee Î Open Seat o Meets monthly on the first Wednesday of the month at 6:30 p.m., in chambers. Economic Development Authority Î Open Seat o Meets monthly on the third Wednesday of the month at 6:30 p.m., in chambers. PLANNING & ZONING City Code Updates At its meeting on 9/13, a public hearing will be held on the following zoning issues: Emerald Ash Borer The Commission will consider updates to clarify that all diseased trees must be removed if they pose a danger to the public. Discharge of Firearms While our current ordinance has many restrictions on the discharge of firearms and other projectiles, the Commission will consider strengthening that language. Liquor Licenses near Schools The Commission will consider amending the radius around schools in which a liquor license would not be issued. Stormwater Several updates to our cityÓs stormwater ordinances may be required by the cityÓs Municipal Separate Storm Sewer System (MS4) Permit. Block 7 A public hearing notice was published in the paper to consider a new prospective developer of the Block 7 property. However, details on the development are still being negotiated with the City. Therefore, the Commission may decide to postpone the hearing until next month. A new public notice will be published and notices will be mailed to surrounding properties. PARKS AND RECREATION Volunteer Appreciation Event Preparations for the second annual Volunteer Appreciation Event are being completed. The event has been rescheduled with a date following the CommitteeÓs September 12, 2022 meeting. It is still planned for Hidden Spring Park. The City appreciates their volunteers and this is one (1) way we recognize them for serving. Emerald Ash Borer Do you have Ash Trees? Are you aware of the Emerald Ash Borer? Are your trees dying and you do not know why? Do you know the types of trees in your yard? They could be Ash and the City Council just approved Rainbow Tree Care as the CityÓs preferred vendor for the treatment of Emerald Ash Borer. The City has utilized their services for several trees within parks and at City Hall. Rainbow Tree CareÓs telephone number is: 952-767-6920, web site: https://www.rainbowtreecare.com/. They are offering reduced pricing for treatment, a guarantee, etc. ADMINISTRATION Website Redesign Over the last week, staff has received website training. The final design of the website is nearing completion, and design of the mobile app will begin next. Meeting and City Hall Schedule September 12, 2022, 6:30 p.m. Î Parks & Recreation Committee Meeting (rescheduled from 9/7) September 13, 2022, 6:30 p.m. Î Planning & Zoning Commission Meeting September 21, 2022, 2022 6:30 p.m. Î Economic Development Authority Meeting September 28, 2022, 6:30 p.m. Î City Council Meeting October 4, 2022, 6:30 p.m. - Planning & Zoning Commission Meeting CENTERVILLE CARES World AlzheimerÓs Month is an annual international event, held in September and run by AlzheimerÓs Disease International, (ADI). The st event began in 2012 and September 21 is World AlzheimerÓs Day. The purpose of the event is to raise awareness and challenge stigma surrounding AlzheimerÓs and dementia, as well as support those suffering with the disease. ADI encourages individuals, businesses and charities to hold events of their own, and they provide planning resources for those interested in doing this; information about how to participate in an event that has already been planned is also available on ADIÓs website. Dementia is a degenerative brain condition affecting more than 50 million people world-wide. AlzheimerÓs is the most common form of dementia, accounting for approximately 50-60% of all dementia cases. If you would like to help raise awareness about this debilitating disease then visit ADIÓs website to learn more about how to get involved: https://www.awarenessdays.com/awareness-days-calendar/world-alzheimers-month-2022/ ECONOMIC DEVELOPMENT Quad Area Chamber Calendar September 28, 2022 Marketing Event Î 3:00-5:00 October 24, 2022 Î Chamber & Rotary Quarterly Social Î 5:00-7:00 Visit the Quad Area Chamber Website for Event Locations: htptps://www.quadareachamber.org/qacc-calendar749d6a73 PUBLIC SAFETY Centennial Fire District The Centennial Fire District is looking for volunteer firefighters. Please contact them at: 651-792-7900 for more information. The District is also offering free blood pressure checks from 9 a.m. until 3 p.m. Mondays, September 12, 19 and 26, 2022 at the Circle Pines Fire Station, located at 2 East Road. Appointments are not necessary. COMMUNITY DEVELOPMENT Project Map Staff has prepared a map of all active developments to help everyone get a better picture of whatÓs happening around our community. The number you see at the heading of each item in this section corresponds to a number on the map, which is attached to the end of this report. (9) Block 7 Property (Downtown) The city continues negotiations with a developer who intends to build a concept largely similar to the previous proposal from Centra Homes. A public hearing on the development is anticipated for October 4, at the regular Planning and Zoning Commission Meeting. Centerville Elementary School Expansion A full Certificate of Occupancy has been issued and school is in session! stnd (3)(4) Old Mill Estates 1 and 2 Additions The developer has completed several tasks on the punch list; several still remain. Staff is monitoring progress to ensure completion in 2023. The homeowner adjacent to the trail on Old Mill Court has now moved the retaining wall to the edge of the wetland, further from the home. City staff is arranging for construction of the trail. (16) Centerville Self Storage The facility is now open for business. The developer has made progress to address drainage issues along the north side of the facility and will continue to work on minor clean-up items. (1) Bay View Villas (Waterworks Site) The developerÓs landscaping crew has finished work on the shoreline treatments and will be addressing other landscaping items from the punch list. (8) Atlas Villas Memory Care Project (1825 Main Street) A Certificate of Occupancy was granted to the facility by the cityÓs building department. The management company is working on their licensure, through the state and county, prior to opening their doors. (10-14) Rehbein Commercial The contractor is working on punch list items including boulevard restoration. The final lift of asphalt will be paved in September. (13) Kwik Trip Construction on the site is in full swing, with gas tanks installed this week along with footings for the canopies. Site grading and turn lane construction will continue in the coming weeks. The store anticipates opening around the end of December. (11) Norbella Senior Living A full Certificate of Occupancy has been issued. The site work and building construction are complete. The management company is now working through staffing and licensure issues. Look for a grand opening in the near future. (2) Peterson Shores Staff met with a prospective builder on site to discuss sewer and water connections as well as grading and driveway issues. (17, 19) Rehbein Industrial The developerÓs contractor continues to work on minor punch list items and will need to patch the base course of paving where the water main connection was made. The city is working with the developer on a plan to delay the wear course paving until 2023. (19) Sutton Transport Portions of the siteÓs parking and driveway areas have been paved. Further paving will be completed next week. Landscaping crews are also beginning their work to finish off the site. (15) 2050/2070 Main Street Î American Roofing Supply Landscaping crews have finished their work and the site is fully paved and ready for operations. Gates at the two entrances are being fabricated and will be installed soon. (18) Max Storage (Fairview Street) The Conditional Use Permit (CUP) has now been sent in to the County for recording and a grading permit has been issued. The building permit is imminent as soon as plumbing and mechanical plans are finalized. (17) Amazon Fulfillment Center Grading, utilities, parking lot and building pad construction are all moving along, on schedule. Water st main installation along 21 Ave. is now complete. A kick-off meeting for the Corridor Study has been set for next week. The study will prioritize area-wide transportation improvements to address increased traffic from Amazon and surrounding growth. U.S. INTERSTATE HIGHWAY NO. 35E L I N O L A K E SO F C I T Y 21ST AVENUE 21ST AVENUE (PRIVATE D R.) L I N O L A K E SO F C I T Y 20TH AVENUE S. C.S.A.H. NO. 54 20TH AVENUE N. COUNTY ROAD NO. 54 AVENUE WEST ROBIN LANE TWIN LAKES AVENUE COTTONWOOD COURT BRIAN WAY SUMAC COURT BRIAN DRIVE BRIAN DRIVE DRIVE BRIAN BRIAN DRIVE SHAD AVENUE IVY COURT PETERSON DUPRE ROAD OAK CIRCLE MILL ROAD LANE PHEASANT PELTIER CIRCLE CLEAR CLEARWATER CLEARWATER ROAD MALLARD WAY VACATED VACATED CREEK PELTIER CIRCLE PROGRESS ROAD TOURVILLE CIRCLE C.S.A.H. NO. 21 CENTERVILLE ROAD ROAD CENTERVILLE CENTERVILLE ROAD CENTERVILLE ROAD LAKELAND CIR CLE HUNTERS RIDGE LANE GOIFFON VACATED ROAD BEAVER POND WAY O F C I T Y L I N O L A K E S D E S C R I P T I O N O V E R LA P L I N O L A K E SO FC I T Y COMMUNITY ENGAGEMENT Social Media Meeting Agenda Web Site Parks Programming AdministratorÓs Report uploaded Committee Agendas/Packets uploaded Community Email List AdministratorÓs Report Reader Board Meeting Agendas Meeting Schedules Community Events Parks Programming PUBLIC WORKS Commercial Water Connection Fee Assistance At the last City Council meeting, the Council voted to extend the program through the end of 2023. The program offers half-priced hook-up charges for businesses hooking to city water. Wellhead Protection Plan The Minnesota Department of Health held a kick-off meeting with city staff and consultants for the implementation of the cityÓs Part-2 Wellhead Protection Plan. The group reviewed items in the documents and the timelines associated with various activities. Staff will be following up on the action items over the course of the next few months. Well #2 Repairs City staff has applied for a reimbursement grant from Xcel Energy for the installation of the Variable Frequency Drive (VFD), used in the repairs for Well #2. Seasonal Public Works Staff A special thank you is in order for our four seasonal public works staff members who are departing to head back to school. It was a busy summer for them and lots of great work got done. 2022 Thin Overlay Program and City Hall Parking Lot Improvements City Council awarded the bid to Bituminous Roadways, Inc. at their August 24, 2022 meeting. Although bids were higher than expected, industry research did not indicate a strong potential for prices to come down in the near future. A pre-construction meeting is scheduled for next week. All work will be completed this fall. City Hall Parking Lot Lighting At their upcoming meeting, the City Council will review plans for proposed lighting at City Hall. If approved, the work would be quoted for construction in the spring of 2023 in an effort to allow time to secure a grant through the Occupational Safety and Health Administration (OSHA). th August 30, 2022 Mayor Lisa Jacobson, City of Brooklyn Park Mayor D. Love, City of Centerville Mayor Jerry Koch, City of Coon Rapids Mayor Jim Adams, City of Crystal Mayor Mary Gaasch, City of Lauderdale Mayor Randy Stille, City of St. Anthony SENT VIA E-MAIL Dear Mayors, Thank you for contacting me in support of a special legislative session to finish important work and provide updates to the local government aid formula along with increased funding. I appreciate your insight into how this aid would benefit your cities. As you know, in mid-May a session-ending budget framework was agreed to and signed by me, Senate Majority Leader Miller, and Governor Walz to cut taxes for workers and families; and invest in people and communities. In addition, key federal infrastructure funds would have been accessed in several bills. While the conference committee agreement on the tax bill did not include House legislation to update the LGA formula Ï that was drafted in consultation with stakeholders from cities across Minnesota Ï the bill did include a $30 million per year increase in the allocation of LGA. Unfortunately, we reached out rd constitutionally mandated May 23 adjournment date without consensus on several bills needed to complete the budget framework agreement. While we continued conversations in the days after adjourning, Senate Republicans walked away from negotiations in mid-June. Despite these disappointing and frustrating setbacks, I and many of my colleagues remain ready to work, compromise, and finish up this work in a special session. My DFL colleagues and I believe we should return and pass the largest tax cut in state history, key investments in K-12 education, a bonding bill that will improve our infrastructure, matching state funds to access billions of dollars in federal infrastructure funds, and crucial investments in nursing homes, child care, public safety, housing Ï and LGA. We also need to continue work and conversations around updates to the LGA formula. As the Speaker of the House, I will continue to urge Senate Republicans to return to the table and join us in finishing the work to help Minnesotans. Thank you again for reaching out, and please always feel free to contact me whenever I can be of assistance. Sincerely, Melissa Hortman Speaker of the House Minnesota House of Representatives