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HomeMy WebLinkAbout2023-07-12 CC PacketC�'e terviffe £sta6Cuhed 1857 CITY OF CENTERVILLE CITY COUNCIL MEETING A CXNn A Wednesday, July 12, 2023 6:30 p.m. Meeting Live Streamed at: https:Hnorthmetrotv.com/centerville-stream/ COUNCIL MEETING (6:30 PM) I. CALL TO ORDER 1. Roll Call II. PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA IV. APPOINTMENTS/PRESENTATIONS 1. None V. PUBLIC HEARING 1. None VL APPROVAL OF MINUTES 1. April 26, 2023 City Council Work Session & Meeting Minutes 2. May 10, 2023 City Council Meeting Minutes VIL CONSENT AGENDA 1. City of Centerville Claims through July 12, 2023 — Available Wednesday Evening Due to Staff Vacation 2. Centennial Lake Police Department Claims through July 6, 2023 (Check #14834- 14852), (Voided Checks #14832-14833 & 14834) & (2023049E-2023051E) 3. Centennial Fire District Claims through June 27, 2023 (Check #9521-9525) & (2023007E) 4. Water Tower Restoration Quote(s) 5. Encroachment Agreement, 7206 LaValle Drive — Underground Draintile 6. Encroachment Agreement, 1805 Laramee Lane — Boulder Type Retaining Wall 7. Parks & Recreation Committee Recommendation to Appoint Ms. Ashley Fuchs VIIL OLD BUSINESS 1. Stormwater Utility Cost Share Program 2. Oak Circle Project, Special Assessment Agreement 3. Widgeon Circle Project, Special Assessment Agreements & Encroachment Agreements IX. NEW BUSINESS 1. None X. COUNCIL/ADMINISTRATOR ANNOUNCEMENTS 1. Administrator/Engineer Report 2. Council Reports a. Taylor ■ Parks & Recreation b. Koski ■ Planning & Zoning Commission ■ Fire Steering Committee C. King ■ Economic Development Authority ■ Fire Steering Committee ■ Anoka County Fire Protection Council d. Mosher ■ Economic Development Authority ■ Police Governing Board e. Love ■ North Metro Telecommunications Commission ■ Police Governing Board ■ Other Mayoral Reports XI. ADJOURNMENT INFORMATIONAL MATERIAL ➢ Fete des Lacs Flyer REMINDERS All meetings begin at 6:30 PM unless otherwise noted ➢ Planning and Zoning Commission — Monday, July 10, 2023 "Note special day/date** ➢ EDA —Wednesday, July 19, 2023 ➢ City Council — Wednesday, July 26, 2023 (5:00 Workshop/6:30 Mtg) ➢ Parks and Recreation Committee — Wednesday, August 2, 2023 ➢ Anoka County Local Government Officials Meeting — Wednesday, August 30, 2023 (6:00 PM; Location TBD) CITY OF CENTERVILLE CITY COUNCIL WORK SESSION AND MEETING APRIL 26, 2023 5:00 & 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled City Council Work Session & Meeting on April 26, 2023 in Council Chamber of City Hall and the Regular Council meeting was live streamed by North Metro TV at 6:30 p.m. WORK SESSION MEETING I. CALL TO ORDER Mayor D. Love called the meeting to order at 5:00 p.m. ROLL CALL Not Approved PRESENT: Mayor D. Love Council Member Russ Koski (Arrived @ 5:05 p.m.) Council Member Darrin Mosher Council Member Steve King Council Member Raye Taylor (Arrived @ 5:20 p.m.) Junior Council Member Rowan Shaw (Non -Voting) ABSENT: None. STAFF: City Administrator, Mark Statz, Via Zoom Assistant City Administrator, Athanasia Lewis II. ITEMS OF DISCUSSION 1. Lions Club Discussion about Donation from 2021 Ms. Katie Hogan, 1784 Meadow Lane, Centerville Lions Club, stated that a donation of $500 was made to the City in September, 2021 for repairs/replacement of the Tracie Joy McBride Memorial Park sign. She stated that the sign was painted and it was braced. She presented pictures of the sign today and stated that she felt that the donation far exceeded the repairs and requested that the donation be refunded. She also requested that the Lions be provided with the opportunity to repair and refurbish the sign. Ms. Lisa Kieselhorst, 7155 Brian Drive, stated that she remembers when the sign was placed at the park honoring Ms. Tracie McBride. She stated that she felt that the condition of the sign was not a representation of a memorial/tribute to an individual who was murdered. A lengthy discussion ensued regarding whether the City could allow citizen(s) to fix/replace park signs, would the City reimburse funds for repairing/replacing City park signs, if the donation made by the Lions was earmarked for a specific project, the expectation(s) of the Centerville Lions, and could the Lions Club take down the sign and complete the repairs themselves. City of Centerville City Council Meeting Minutes April 26, 2023 2. Request for Tax Abatement — Proposed Hotel/Restaurant Administrator Statz stated that there has been a request for tax abatement/Tax Increment Financing for a proposed hotel/restaurant. He stated that Mr. Chris Harchanko, President, Apollo Development, LLC, requested three different scenarios for the Council to consider regarding abatement associated with the construction of a 80-90 room hotel with a stand-alone restaurant. Mr. Harchanko stated that two of the scenarios show $14.1 million without assistance from the City and the bottom line would 8.3% profit leaving the project undesirable for investors over a ten-year period. He stated that they are asking assistance from the City in the amount of $1.3 million over the ten years. Administrator Statz reviewed a memo that was contained in Council's packet regarding the different scenarios. He stated that assistance was probably not viable. Ms. Tammy Omdal, Northland Securities appeared before Council and reviewed her presented information from the Council packet. Discussion ensued regarding the possibility of making adjustments with certain fees (park dedication, water and stormwater access charges), an additional scenario which staff was not recommending, the availability of assistance at a level of $400,000-$600,000, and Ms. Omdal stating that the request from Mr. Harchanko was a rather large request. Mayor Love thanked Mr. Harchanko for his attendance, request and stated that Staff would continue to work with Apollo Development regarding their proposal and options. 3. 1737 Main Street — Power Line Relocation Assistant City Administrator Lewis reviewed the information that was contained in the packet regarding the item, reviewed the two (2) viable options from the developers, stated that Option A was more affordable for the developer but did not fit with the Master Plan requirements regarding building placement at the build -to line (right-of-way) and parking in the rear. She stated that Option B met the Master Plan requirements but should the property to the northeast become available, future expansion would be limited to the construction of a second, stand-alone building, which may reduce efficiencies in site design, etc. She also stated that is raises safety concerns, with customers needing to park in the rear and walk around the building to the front door. She reported that this could be viewed as an inconvenience to customers, especially those with disabilities. She also reported that it would not allow for drive-thru geometry and require the removal of powerlines. It was reported that if would cost $25,000 to relocate the powerlines and $60,000 to bury them. It was also stated that due to timing, the item had not been reviewed by the Planning & Zoning Commission. Consensus of Council was to add the item to Council's agenda this evening under New Business, Item 93. Discussion also included that the city was willing to be a partner and explore options for removal of the powerlines as a public expense. III. ADJOURNMENT Mayor Love closed the Work Session at 6:24 p.m. COUNCIL MEETING Page 2 of 8 City of Centerville City Council Meeting Minutes April 26, 2023 L CALL TO ORDER Mayor D. Love called the meeting to order at 6:30 p.m. 1. Roll Call ROLL CALL PRESENT: Mayor D. Love Not Approved Council Member Russ Koski Council Member Darrin Mosher Council Member Steve King Council Member Raye Taylor Junior Council Member Rowan Shaw (Non -Voting) ABSENT: City Administrator, Mark Statz STAFF: Assistant City Administrator, Athanasia Lewis II. PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA Mayor Love provided an opportunity for others to add or delete any items. Mayor Love requested that the following items be added under New Business, Item #2 — Accept Lions Donation, Old Business, Lions Request for Refund of Donation (September, 2021) and Refurbish sign at Tracie McBride Memorial Park and New Business, Item #3 —1737 Main Street— Power Line Relocation. Motion by Council Member Koski, seconded by Council Member King to Approve the Agenda as Amended. All in favor. Motion carried. IV. APPEARANCES/PRESENTATIONS 1. None V. PUBLIC HEARINGS 1. Local Board of Appeal and Equalization (Cont'd from 4/12/2023) Mayor Love stated Council was reopening the Local Board of Appeals and Equalization from the previous Council meeting at 6:33 p.m. He asked if any members of public wished to speak with the Assessor since previous meeting. Page 3 of 8 City of Centerville City Council Meeting Minutes April 26, 2023 Assessor, Ms. Mary Wells stated that she would address questions of the Council or public, provided additional information that was requested from the previous meeting and reviewed the information contained in the packet. Ms. Wells stated that two additional property owners had concerns with one being buildability of a vacant lot: 2034 Fairview Street, PIN 424-31-22-33-0007, ($238,400) and 7370 Peltier Circle, PIN 414-22-22- 33-0048, ($477,000) — which at this time, they would make a recommendation for no change for either of these properties, but the County Board was still an option to these owners. Ms. Wells stated that she has made the following adjustment to valuations: PIN # 23-31-22-12-0091 23-31-22-23-0045 23-31-22-23-0044 23-31-22-23-0043 23-31-22-23-0042 23-31-22-23-0041 23-31-22-23-0061 Street Address 1845 Main Street 7005 LaMotte Drive 7013 LaMotte Drive 7021 LaMotte Drive 7029 LaMotte Drive 7037 LaMotte Drive 7102 LaMotte Drive Original Est. Value $1.359,300 $605,400 $650,800 $647,600 $619,600 $676,600 $587,900 Revised Est. Value $1,214,000 $547,400 $595,000 $591,800 $563,800 $623,500 $563,900 Motion by Council Member Koski, seconded by Council Member Taylor that there be no change in the Original Estimated Valuation for 2034 Fairview Street, PIN #24-31-22-22-33-0007 of $238,400. All in favor. Motion carried. Motion by Council Member Taylor, seconded by Council Member Koski that there be no change in the Original Estimated Valuation for 7370 Peltier Circle, PIN #14-22-22-33-0048 of $477,000. All in favor. Motion carried. Discussion ensued regarding valuations of the lake parcels and Ms. Wells stated that they were over- valued by $50,000 to $60,000 and that it was due to property owned along the shoreline by St. Paul Board of Waters. Motion by Council Member King, seconded by Council Member Koski that 1845 Main Street, PIN #23-31-22-12-0091, valuation be decreased from $1,359,300 to $1,214,000 due to Comparable Sales Analysis and Rates Per Square Foot of Nearby Buildings Valuations. All in favor. Motion carried. Motion by Council Member Koski, seconded by Council Member Taylor that 7005 LaMotte Drive, PIN #23-31-22-23-0045, valuation be decreased from $605,400 to $547,400 due to Land Equalization and Hither than Fair Market. All in favor. Motion carried. Motion by Council Member Mosher, seconded by Council Member Taylor that 7013 LaMotte Drive, PIN #23-31-22-23-0044, Valuation be Decreased from $650,800 to $595,00 due to Land Equalization and Hither than Fair Market. All in favor. Motion carried. Motion by Council Member Koski, seconded by Council Member Taylor that 7021 LaMotte Drive, PIN #23-31-22-23-0043, Valuation be Decreased from $647,600 to $591,800 due to Land Equalization and Hither than Fair Market. All in favor. Motion carried. Page 4 of 8 City of Centerville City Council Meeting Minutes April 26, 2023 Motion by Council Member Taylor, seconded by Council Member King that 7029 LaMotte Drive, PIN #23-31-22-23-0042, Valuation be Decreased from $619,600 to $563,800 due to Land Equalization and Hither than Fair Market. All in favor. Motion carried. Motion by Council Member Taylor, seconded by Council Member Mosher that 7037 LaMotte Drive, PIN #23-31-22-23-0041, Valuation be Decreased from $676,500 to $623,500 due to Land Equalization and Hither than Fair Market. All in favor. Motion carried. Motion by Council Member Taylor, seconded by Council Member Mosher that 7102 LaMotte Drive, PIN #23-31-22-23-0061, Valuation be Decreased from $587,900 to $563,900 due to Land Equalization and Hither than Fair Market. All in favor. Motion carried. Motion by Council Member Koski, seconded by Council Member Mosher to Adiourn the Local Board of Appeal and Equalization (Cont'd from 4/12/2023) at 7:05 p.m. All in favor. Motion carried. Discussion ensued regarding the valuations comparable to homes with municipal utilities versus private utilities. Ms. Wells stated that the difference was close to $2,000 in value for municipal water. She stated that she believes that there should be no value differential and tracking of this will probably be discontinued. Mayor Love thanked Ms. Wells for her attendance. VI. APPROVAL OF THE MINUTES 1. March 22, 2023 City Council Meeting Minutes Mayor Love asked Council if there were any changes. Council Member Taylor requested that "Council Member Ms. Raye Taylor" be changed to "Council Member Taylor" and that "Ms. Taylor" be changed to Dr. Taylor. Motion by Council Member Koski, seconded by Council Member King to approve the March 22, 2023 City Council Meeting Minutes with the Above Modification. All in favor. Motion carried. 2. April 12, 2023 City Council Meeting Minutes Mayor Love asked Council if there were any changes. Council Member Koski requested that North Metro Telecommunication Commission reporting be removed from his reporting as he was the alternate and Mayor Love was the Appointee. Motion by Council Member Taylor, seconded by Council Member Koski to approve the April 12, 2023 City Council Meeting Minutes with the Above Changes. All in favor. Motion carried. VIL CONSENT AGENDA 1. City of Centerville Claims through April 26, 2023 (Check #35850-35871) & Page 5 of 8 City of Centerville City Council Meeting Minutes April 26, 2023 (2058E-2064E) & Voided Check # 35866 2. Centennial Lake Police Department Claims through February 3, 2022 (Check #14198-14212), (E202207-202209), Payroll (Check #14196-14197) 3. Centennial Fire District Claims through April 25, 2023 (Check #9400-9489) 4. Escrow Release — Peterson Shores Mayor Love provided an opportunity for members to pull items for additional discussion. Motion by Council Member Taylor, seconded by Council Member Kind to Approve of the Consent A-2enda as Presented. All in favor. Motion carried. VIII. OLD BUSINESS 1. Lions Request for Refund of Donation (September, 2021) and Refurbish sign at Tracie McBride Memorial Park Mayor Love stated that the item was discussed at the earlier Work Session with two representatives of the Centerville Lions being present. He stated that discussion was hard regarding the removal of the sign by someone other than City Staff and that with this exception that would be illegal. Motion by Council Member Taylor, seconded by Council Member Koski to authorized the Centerville Lions to Remove and Refurbish the Sign at Tracie McBride Memorial Park as Requested. All in favor. Motion carried. Motion by Council Member King, seconded by Council Member Koski to Refund the $500 Donation from the Centerville Lions Received in September, 2021 as Requested. All in favor. Motion carried. IX. NEW BUSINESS 1. Water Tower Cleaning Assistant City Administrator Lewis stated that every several years, the City completes cleaning of the water town to extend the life of the paint and exterior appearance. She stated that City Staff has received several quotes and would recommend the quote submitted by Kangas Tank for $7,800. She also stated that the firm is responsible and has worked for the City in this capacity in the past. Motion by Council Member Mosher, seconded by Council Member King to Approve the Water Tower Cleaning Bid Presented by Kan2as Tank for $7,800. All in favor. Motion carried. 2. Lions Club $500 donation to P & R to Specifically to P & R Mayor Love thanked the Centerville Lions Club for the generous donation to Park & Recreation programs and formally accepted the donation on behalf the Committee. Motion by Council Member Koski, seconded by Council Member Taylor to Accept the $500 Donation to the Parks & Recreation Programs. Page 6 of 8 City of Centerville City Council Meeting Minutes April 26, 2023 Council Member Koski also thanked the Lions for the recent Cadillac Dinner event and for the volunteer work in the community. He stated that he very much appreciated them and thanked them for the donation All in favor. Motion carried 3. 1737 Main Street — Power Line Relocation Assistant City Administrator Lewis again reviewed the issue with Council. Discussion was had that Council would be setting precedence and concern for that if opting for Option A, expenditures associated with moving the power lines ($20,000 - 60,000), remaining consistent with the Master Plan, etc. Consensus of the Council was that they were in favor of Option A, the importance of the Planning & Zoning Commission's input, willingness to work with developer, two unique parcels, etc. Motion by Council Member King, seconded by Council Member Taylor to Entertain Option A for Presented Sketch Plans Associated with Development of 1737 Main Street as Per Submitted Findings of Staff. All in favor. Motion carried. X. COUNCIL/ADMINISTRATOR ANNOUNCEMENTS 1. Administrator/Engineer Report — Assistant City Administrator Lewis stated the Administrator's report was contained within the packet and briefly reviewed same. Junior Council Member Shaw reported that SATS scores have been received. 2. Council Reports a. Taylor — ■ Parks & Recreation — Council Member Taylor gave no report. ■ Anoka County Fire Protection Council — Council Member Taylor gave no report. b. Koski — Council Member Koski congratulated Corporal Schroeder and welcomed new officer Hernandez to Centennial Lakes Police Department ■ Planning & Zoning Commission — Council Member Koski gave no report. ■ Fire Steering Committee — Council Member Koski stated that the meeting took place last week, the audit and review of financials for 2022 were presented. It was anticipate that the expenses and revenue was up by $20,000 over the budget. He stated that there was healthy discussion regarding capital expenditures and replacement/refurbishing of trucks, that there was concern for bonding and increases in levies and staffing salaries. C. King - Economic Development Authority — Council Member King stated that the LOCi study presentation reported consumed the meeting, providing a large amount of information including public input, the market, and etc. Fire Steering Committee — Council Member King gave no report. Fire Protection Council — Council Member King gave no report. Page 7 of 8 City of Centerville City Council Meeting Minutes April 26, 2023 d. Mosher ■ Economic Development Authority — Council Member Mosher reported similar information regarding the LOCi study and Council Member King stated that he was impressed with the presentation validated the Authority's understanding of needs, wants and desires for the downtown area and the residents of Centerville. Police Governing Board — Council Member Mosher - none. e. Love — Mayor Love stated that he recently attended an Arrive Alive event at Centennial High School which was very informative and realistic. He stated that the theme of the event was the dangers of driving intoxicated. He thanked the Centerville Lions for their recent Cadillac Dinner and stated that the were great partners of the City. Mayor Love stated that he forwarded a suggestion to the Parks & Recreation Committee to consider EV charging stations within the parks in Centerville with various grants being available to offset costs of installation. He also reported that the paper recently had an article regarding the City joining the Mayors Alliance and that he was very proud of Centerville for being a part of the organization. North Metro Telecommunications Commission — Mayor Love gave no report. Police Governing Board — Mayor Love gave no report. Other Mayoral Reports - Mayor Love gave no report. XI. ADJOURNMENT Motion by Council Member Kind, seconded by Council Member Koski to Adiourn the Regularly Scheduled Council Meeting of April 26, 2023 at 7:57 p.m. All in favor. Motion carried. Respectfully submitted by City Clerk, Teresa Bender. Page 8 of 8 CITY OF CENTERVILLE CITY COUNCIL MEETING MAY 10, 2023 Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled City Council Meeting on May 10, 2023, in Council Chambers and the meeting was live streamed by North Metro TV at 6:30 p.m. COUNCIL MEETING L CALL TO ORDER 1. Roll Call I. CALL TO ORDER Mayor D. Love called the meeting to order at 6:32 p.m. ROLL CALL PRESENT: Acting Mayor Russ Koski Council Member Steve King Council Member Darrin Mosher Council Member Raye Taylor Not Approved ABSENT: Mayor D. Love Junior Council Member Rowan Shaw (Non -Voting) STAFF: City Administrator, Mark Statz City Attorney, Kurt Glaser Assistant City Administrator, Athanasia Lewis 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 would be a small presentation under Appearances/Presentations, Item 92 to introduce to Council a piece of art that would be displayed at the League of MN Cities building recognizing the City represented by Mayor Love as President of the League. He also stated that Ck #35905 was voided due to the item being under warranty. Motion by Council Member Mosher, seconded by Council Member Kind to Approve the Agenda as Amended. All in favor. Motion carried. IV. APPEARANCES/PRESENTATIONS 1. Grant Marin, LOCI on Downtown Redevelopment Market Study City of Centerville City Council Meeting Minutes May 10, 2023 Acting Mayor Koski stated that a Market Study of the downtown area was completed in the previous year and Mr. Grant Marin, LOCi would review with Council the presentation that was contained in their packet. Administrator Statz stated that City's Economic Development Authority funded the study and that it had been 20 years since the previous study. Mr. Marin reviewed the presented presentation with Council and the community survey responses. He defined the mixed -use district from 2030 and 2040 Comprehensive Plan maps, reviewed the strengths and weaknesses (proximity to Centerville Lake), connected to Rice Creek Chain of Lakes, new housing development, growing employment base, access to 35E, location of the Centerville Elementary School, transportation corridor and established businesses. He also reviewed the economics and demographics of the area. Discussion ensued by Council. Acting Mayor Koski thanked Mr. Marin for the presentation. 2. Mayor D. Love Presentation of "Centerville Spotlight" to the League of MN Cities Administrator Statz displayed the photos/Centerville representation that would be on display at the League offices in appreciation of Mayor Love's term as President. He also stated that the display was privately funded. Acting Mayor Koski stated that Mayor Love would be stepping down as President of the League as his term had expired. He also thanked him for all his work in the community, at the League and for the beautiful display representing Centerville. V. PUBLIC HEARINGS 1. Municipal Separate Storm Sewer System (MS4) Annual Public Input Meeting Administrator Statz explained that the MS4 is a permit that allows the city to discharge storm waters into waters of the State (lakes, rivers and streams). He stated that the city holds the permit under the PCA's guidance and one of the requirements under the permit is to hold an annual Public Input meeting. He stated that the MS4 is defined as Municipal Separate Storm Sewer System and he reviewed the permitting requirements. He stated that the system is owned by a State, City, Village, or other public entity that discharges waters, it is designed or used to collect or convey stormwater (ponds, ditches, catch basins, etc.), and stated that this is not combined with our sanitary sewer system. It is a separate system. He stated the guidelines and requirements of this permit that were contained in the packet. He also reviewed the Clear Water Act, Local Water Plan, and Watershed Management Plan & Rules. He reviewed the six (6) elements of the permit: public education, outreach, public participation and involvement, illicit discharge detection and elimination, construction site storm water runoff control, post -construction storm water management (design guidelines), pollution prevention and municipal operations. He also stated that the street storm sewer goes to lakes and is not treated. Discussion ensued by Council. Acting Mayor Koski opened the public hearing at 8:04 p.m. Acting Mayor Koski asked if there was any public comment and being that there was none, requested a motion to close the public hearing. Page 2 of 6 City of Centerville City Council Meeting Minutes May 10, 2023 Motioned by Council Member Taylor, seconded by Council Member Mosher to Close the Public Hearing at 8:07 p.m. All in favor. Motion carried. VI. APPROVAL OF THE MINUTES 1. None. VIL CONSENT AGENDA 1. City of Centerville Claims through May 10, 2023 (Check #35872-35911) & (2066E- 2072E) & Voided Ck #35905 2. Centennial Lake Police Department Claims through May 4, 2023 (Check #14746- 14764) & Payroll (Check #14742-14745) & (2023033E-2023036) 3. Centennial Fire District Claims through May 9, 2023 (Check #9490-9497) 4. Extended Absence — City Administrator/Engineer 5. Special Event Permit — Anoka County Radio Club Field Day 6. St. Genevieve's Catholic Church a. Special Event Permit/Private Property b. Gambling License (Raffle, Bingo & Pull -Tabs) c. Temporary Liquor License 7. Statewide Health Improvement Partnership (Grant through Anoka County) a. Memorandum of Understanding b. Contract for Installation 8. Resignation of Jessica Kubat from Parks and Recreation Committee 9. Appointment of Linda Broussard -Vickers to the Planning & Zoning Commission Acting Mayor Koski provided an opportunity for members to remove items from the Consent Agenda for additional clarification or discussion. Council Member Mosher requested that Item 44 be removed and Acting Mayor Koski requested that Items 48 and 49 also be removed. Motion by Council Member Kind, seconded by Council Member Taylor, to Approve Consent Agenda Items #1, 2, 3, 5, 6, and 7 as Presented. All in favor. Motion carried. Council Member Mosher congratulated Administrator Statz on his new baby's impeding arrival and stated that he had concerns for the length of time that he would be out of the office. Administrator Statz explained that if there were an item that Ms. Bender or Mr. Palzer, with their 25+ years of service and that Ms. Lewis' limited employment could not handle, he would be available. Council Member Taylor also congratulated him and his family and stated that she support paternal leave. Acting Mayor Koski concurred. Acting Mayor Koski stated that Administrator Statz would be utilizing his Personal Time Off (PTO). Acting Mayor Koski stated that Item 98 is the resignation of Ms. Jessica Kubat from the Parks & Recreation Committee. He thanked her for her years of service and wished her well in her future endeavors. Page 3 of 6 City of Centerville City Council Meeting Minutes May 10, 2023 Acting Mayor Koski also commented on Item #9, the appointment of Ms. Linda Broussard -Vickers to the Planning & Zoning Committee until such time as an alternative candidate may apply and welcomes her back. Motion by Council Member Taylor, seconded by Council Member King, to Approve of the Consent Agenda Items 4, 8 and 9 as Presented. All in favor. Motion carried. VIIL OLD BUSINESS 1. Res. #23-OXX — Calling for a Public Hearing on Assessments for the 2022 Thin Mill & Overlay Project Attorney Glaser stated that this resolution is for a public hearing on assessments for the 2022 Thin Mill & Overlay Project. He explained that this is a limited hearing and for a few property owners. He stated that this assessment is a long process and when it went through, a series of hearing notices went out and it was discovered that during the process, several properties changed hands. Notices that were sent to those properties, it was discovered, that the U.S. Postal services forwarded them to the previous owner rather than the current owner. He stated that the current owner never received the notices so that is the reasoning behind the reassessment allowing the similar process for all others affected by the project. He stated that there is a provision within law to correct mistakes and city found property changed hands and lists of property impacted and only them. Acting Mayor Koski stated that he did not recall completing this previously. Administrator Statz explained that there were a combination of items that occurred with the improvement and assessment hearing. He clarified that the notices were addressed to the property owner or current property owner with the postal services forwarding them to the previous owner as they forwarded their mail to their new residence and lacked forwarding them back to the post office or new owner. Administrator Statz stated that Ms. Bender was not responsible for this action by the postal service. Motion by Council Member Taylor, seconded by Mosher to Approve Res. #23-013 — Calling for a Public Hearing on Assessments for the 2022 Thin Mill & Overlay Proiect as presented. All in favor. Motion carried. IX. NEW BUSINESS 1. Variance Request — Amazon Services, LLC Administrator Statz stated that the Planning & Zoning Commission held a public hearing for the request and that there was no public comment. He reviewed current Code requirements and stated that due to the size of the campus, directional signage was needed. He explained that the signage would assist their drivers with location of proper entrance from 21st Avenue and Fairview Street. He reported that the Commission recommended approval with conditions outlined in the Findings of Fact contained in Council's packet. Mr. Patrick Murry, a representative for Ryan Companies, was present and available for questions. Acting Mayor Koski stated that the Commission discussed the variance request and reported that they felt it was a fair request as the signage is not associated with advertising or marketing but provide safety. Page 4 of 6 City of Centerville City Council Meeting Minutes May 10, 2023 Motion to accept the Variance to approve additional signage subject to the conditions and findings of fact that is presented in the staff memorandum. Motion by Council Member King, seconded by Council Member Mosher, to Approve the Variance Request as Submitted Subiect to the Conditions Outlined in the Findings of Fact. All in favor. Motion carried. 2. Anoka County Predevelopment Grant Application Ms. Lewis stated that the city received notification of pre -development grants being available through Anoka County and due to the application deadline, staff submitted two applications. She explained that one was for a hotel market study which would determine its feasibility on the site north of NorBella Assisted Living and the other was an environmental phase I and geotechnical studies associated with 1737 Main Street and environmental analysis associated with Block 7. She stated that the combined quotes for these studies exceeds $15,000 by $100 and the Economic Development Authority (EDA) would cover the overages. A discussion ensued. Motion by Council Member Taylor, seconded by Council Member King to Approve Staff Submittal and Acceptance if Granted, the Two Pre -Development Grants. EDA will Expend Funding in the Amount of $100 to Cover Shortages Associated with Studies. All in favor. Motion carried. X. COUNCIL/ADMINISTRATOR ANNOUNCEMENTS Administrator/Engineer Report — Administrator Statz reviewed the Administrator's Report contained in Council's packet. Ms. Broussard -Vickers was appointed on a temporary basis as she will step aside if another candidate becomes available. He reported that the City is looking for volunteers for all programs for the summer. He also reported that fund raising for the festival was going well and thanked the businesses that had become sponsors. He stated that residents and commuters will see signage for the Summer Events throughout town that have QR codes that give details of each event. He stated that the Watershed District has made available their Annual Report and also stated that the City of Circle Pines recently won a lawsuit with regards to appointing members. He reported that the Centennial Lakes Police Department was fully staffed. Council Member Mosher asked about coupons for the upcoming Cleanup Day and Ms. Bender stated that they were available in the newsletter and would be added to the website. Council Reports a. Taylor — Council Member Taylor stated that the Rice Creek Watershed District had small project grants available. ■ Parks & Recreation — Council Member Taylor stated that the recent Park Cleanup was successful, stated that the Committee would be discussing the Volunteer Appreciation Event and Main Street Market. She reported that they also discussed EV stations located Page 5 of 6 City of Centerville City Council Meeting Minutes May 10, 2023 within parks. She stated that the installation of EV stations in the park seemed to be counter intuitive to the Committee's mission statement. b. Koski — Council Member Koski Congratulated Mr. Stephen for his 20+ year career with Centennial Fire District, Station 1 and his recent retirement. ■ Planning & Zoning Commission — Council Member Koski briefly mentioned the variance request for Amazon which was talked about earlier in the meeting. ■ Fire Steering Committee — Council Member Koski gave no update. C. King — ■ Economic Development Authority — Council Member King gave no report. ■ Fire Steering Committee — Council Member King gave no report. ■ Parks & Recreation Committee — Council Member King gave no report. ■ Fire Protection Council — Council Member King gave no report. d. Mosher — ■ Economic Development Authority — Council Member Mosher gave no report. ■ Police Governing Board — Council Member Mosher stated that the Centennial Lakes Police Department was currently on par for staffing. He stated that they are actively pursuing grants which may allow for a new officer. e. Love — ■ North Metro Telecommunications Commission — Mayor Love provided no report due to his absence. ■ Police Governing Board — Mayor Love provided no report due to his absence. ■ Other Mayoral Reports - Mayor Love provided no other reports due to his absence. XI. ADJOURNMENT Motion by Council Member Kind, seconded by Council Member Taylor to Adiourn the Regularly Scheduled Council Meeting of May 10, 2023, at 8:52 p.m. All in favor. Motion carried. Respectfully submitted by City Clerk, Teresa Bender. Page 6 of 6 CENTENNIAL LAKES POLICE DEPT Check Register - POLICE Page: 1 Check Issue Dates: 6/30/2023 - 7/6/2023 Jul 06, 2023 12:54PM Report Criteria: Report type: Summary Check Number Check Issue Date Payee Amount 14834 06/30/2023 41MPRINT, INC 1,234.53- V 14842 07/06/2023 Amazon Capital Services 37.81 14843 07/06/2023 ASPEN MILLS, INC 1,664.05 14844 07/06/2023 COVERALL NORTH AMERICA, INC 820.00 14845 07/06/2023 EMERGENCY CONTRACTORS 815.00 14846 07/06/2023 GEORGE'S INC 5,142.00 14847 07/06/2023 Metro-INET 7,157.00 14848 07/06/2023 O'REI LLY AUTOMOTIVE, INC 196.32 14849 07/06/2023 POMPS TIRE 1,195.56 14850 07/06/2023 SHRED-N-GO, INC 90.89 14851 07/06/2023 TRANSUNION RISK & ALTERNATIVE 75.00 14852 07/06/2023 VERIZON WIRELESS 1,112.89 2023049 07/06/2023 DELTA DENTAL 1,100.80 2023050 07/06/2023 OPTUM FINANCIAL, INC. 7.50 2023051 07/06/2023 US Bank Credit Card 41.44 Grand Totals: 18,221.73 M = Manual Check, V = Void Check CENTENNIAL LAKES POLICE DEPT Check Register - POLICE Check Issue Dates: 6/23/2023 - 6/29/2023 Report Criteria: Report type: Summary Check Number Check Issue Date Payee Page: 1 Jun 29, 2023 04:20PM Amount 14834 06/29/2023 41MPRINT, INC 1,234.53 14835 06/29/2023 Amazon Capital Services 151.92 14836 06/29/2023 ASPEN MILLS, INC 1,247.60 14837 06/29/2023 MIDWAY FORD INC 150.00 14838 06/29/2023 MY HOLDINGS INC 255.00 14839 06/29/2023 O'REILLYAUTOMOTIVE, INC 174.32 14840 06/29/2023 QUILL LLC 219.75 14841 06/29/2023 TITAN ENERGY SYSTEMS, INC 830.00 Grand Totals: Voided Checks #14832-14833 M = Manual Check, V = Void Check 4,263.12 CENTENNIAL LAKES POLICE DEPT Police Disbursements Report Input Dates: 6/30/2023 - 7/6/2023 Page: 1 Jul 06, 2023 12:48PM Name Invoice Description Invoice Date Total Cost 41MPRINT, INC (100) 41MPRINT, INC 11317122 500 Lanyards, 500 Promotional drawstring sportpacks 06/29/2023 1,234.53- Total 41MPRINT, INC (100): 1,234.53- Amazon Capital Services (112) Amazon Capital Ser 1XF1-RNYJ- Desktop Copyholder 07/06/2023 15.82 Amazon Capital Ser 1XF1-RNYJ- Portable Charger for iPhone 07/06/2023 21.99 Total Amazon Capital Services (112): 37.81 ASPEN MILLS, INC (124) ASPEN MILLS, INC 311448 4 Custom Officer badges 07/06/2023 587.40 ASPEN MILLS, INC 315723 Body armor, trauma plate, curved shoulder straps, vest, body 07/06/2023 1,076.65 Total ASPEN MILLS, INC (124): 1,664.05 COVERALL NORTH AMERICA, INC (172) COVERALL NORTH 1590028841 Jul Cleaning Service 07/06/2023 820.00 Total COVERALL NORTH AMERICA, INC (172): 820.00 DELTA DENTAL (180) DELTA DENTAL CNS0001277 Jul Dental Insurance Premiums 07/06/2023 1,100.80 Total DELTA DENTAL (180): 1,100.80 EMERGENCY CONTRACTORS (196) EMERGENCY CON 1650 Jul Monthly Services 07/06/2023 815.00 Total EMERGENCY CONTRACTORS (196): 815.00 GEORGE'S INC (210) GEORGE'S INC 2266 '16 Explorer #216 Scan system codes P1450 unable to bleed 07/06/2023 50.00 GEORGE'S INC 2365 '21 Explorer Front and rear brake pads and rotors 07/06/2023 1,450.00 GEORGE'S INC 2371 '18 EXPLORER #118 Front and rear brake pads and rotors, C 07/06/2023 3,642.00 Total GEORGE'S INC (210): 5,142.00 Metro -I NET (419) Metro-INET 1341 Jul Phone & IT Services 07/06/2023 7,157.00 Total Metro-INET (419): 7,157.00 OPTUM FINANCIAL, INC. (313) OPTUM FINANCIAL 1458954 May Service Fee 07/06/2023 7.50 Total OPTUM FINANCIAL, INC. (313): 7.50 O'REILLY AUTOMOTIVE, INC (314) O'REILLY AUTOMO 3472-273872 BATTERY and core charge 07/06/2023 196.32 Total O'REILLY AUTOMOTIVE, INC (314): 196.32 CENTENNIAL LAKES POLICE DEPT Police Disbursements Report Input Dates: 6/23/2023 - 6/29/2023 Page: 1 Jun 29, 2023 04:10PM Name Invoice Description Invoice Date Total Cost 41MPRINT, INC (100) 41MPRINT, INC 11317122 500 Lanyards, 500 Promotional drawstring sportpacks 06/29/2023 1,234.53 Total 41MPRINT, INC (100): 1,234.53 Amazon Capital Services (112) Amazon Capital Ser 1YCC-DX6J- Long Animal Handling gloves -gty8 06/29/2023 151.92 Total Amazon Capital Services (112): 151.92 ASPEN MILLS, INC (124) ASPEN MILLS, INC 314501 Body armor, trauma plate, curved shoulder straps, vest, body 06/29/2023 1,171.65 ASPEN MILLS, INC 315458 Polo shirt w/ patches sewn on and name embroidered, badge 06/29/2023 75.95 Total ASPEN MILLS, INC (124): 1,247.60 MIDWAY FORD INC (284) MIDWAY FORD INC 604544 '21 Explorer Brake Service 06/29/2023 150.00 Total MIDWAY FORD INC (284): 150.00 MY HOLDINGS INC (301) MY HOLDINGS INC 4726 Window washing interior/exterior 06/29/2023 255.00 Total MY HOLDINGS INC (301): 255.00 O'REILLYAUTOMOTIVE, INC (314) O'REILLY AUTOMO 3472-267682 BATTERY and core charge 06/29/2023 196.32 O'REILLY AUTOMO 3472-271046 BATTERY Core Return 06/29/2023 22.00- Total O'REILLYAUTOMOTIVE, INC (314): 174.32 QUILL LLC (338) QUILL LLC 32990755 Copy paper, toner cartridge, ruled notebooks, expanding file f 06/29/2023 219.75 Total QUILL LLC (338): 219.75 TITAN ENERGY SYSTEMS, INC (377) TITAN ENERGY SY 200521-025 2023Annual Generator PM Service 06/29/2023 830.00 Total TITAN ENERGY SYSTEMS, INC (377): 830.00 Grand Totals: 4,263.12 Report GL Period Summary Vendor number hash: 0 Vendor number hash - split: 0 Total number of invoices: 0 Total number of transactions: 0 CENTENNIAL LAKES POLICE DEPT Police Disbursements Report Page: 2 Input Dates: 6/30/2023 - 7/6/2023 Jul 06, 2023 12:48PM Name Invoice Description Invoice Date Total Cost POMPS TIRE SERVICE, INC (328) POMPS TIRE SERV 150171944 8 NEW TIRES FOR SQUADS 07/06/2023 Total POMPS TIRE SERVICE, INC (328): SHRED-N-GO, INC (348) SHRED-N-GO, INC 152670 Jun Shredding Service 07/06/2023 Total SHRED-N-GO, INC (348): TRANSUNION RISK & ALTERNATIVE (380) TRANSUNION RIS 202306 Jun Investigative Expenses 07/06/2023 Total TRANSUNION RISK & ALTERNATIVE (380): US Bank Credit Card (386) US Bank Credit Car 070623 Works wash -May 07/06/2023 US Bank Credit Car 070623 BCA Refund for canceled September DMT Certification Cours 07/06/2023 US Bank Credit Car 070623 BCA DMT-G Recertification Training Online-BS 07/06/2023 US Bank Credit Car 070623 POST Board Licensing - JM 07/06/2023 US Bank Credit Car 070623 POST Board Licensing Credit Card Fee 07/06/2023 US Bank Credit Car 070623 POST Board Licensing - NW 07/06/2023 Total US Bank Credit Card (386): VERIZON WIRELESS (391) VERIZON WIRELE 9937984319 Jun Cell Phones 07/06/2023 VERIZON WIRELE 9937984319 Jun Squad Laptop Data 07/06/2023 Total VERIZON WIRELESS (391): Grand Totals: Report GL Period Summary Vendor number hash: 0 Vendor number hash - split: 0 Total number of invoices: 0 Total number of transactions: 0 1,195.56 1,195.56 90.89 90.89 75.00 .j_..... 159.50 375.00- 75.00 90.00 1.94 on nn 41.44 657.76 455.13 1,112.89 18,221.73 CENTENNIAL FIRE DISTRICT Check Register - FIRE Check Issue Dates: 6/14/2023 - 6/27/2023 Report Criteria: Report type: Summary Check Number Input Date Check Issue Date Payee 9521 06/22/2023 06/27/2023 ANOKA COUNTY TREASURY DEPT. 9522 06/22/2023 06/27/2023 ASPEN MILLS, INC 9523 06/22/2023 06/27/2023 EMERGENCY APPARATUS MAINT, INC 9524 06/22/2023 06/27/2023 FRATTALLONE'S HARDWARE & GARDEN 9525 06/22/2023 06/27/2023 MY ALARM CENTER, LLC 2023007 06/22/2023 06/27/2023 US BANK Grand Totals: M = Manual Check, V = Void Check Page: 1 Jun 22, 2023 12:20PM Amount 304.02 89.10 12,127.37 14.89 129.78 921.56 13, 586.72 CENTENNIAL FIRE DISTRICT Invoice Register - Report for COUNCIL Input Dates: 6/14/2023 - 6/27/2023 Name Invoice Description 10850 ANOKA COUNTY TREASURY DEPT. ANOKA COUNTY T AR021019 Microphone (2-PMMN4069) ANOKA COUNTY T B230614C JUNE - Broadband (CAC Fiber) Total 10850 ANOKA COUNTY TREASURY DEPT: 11565ASPEN MILLS, INC ASPEN MILLS, INC 314825 Leather Nametags: R.Harris, R.Dion, J.Pfeffer (2 per) Total 11565ASPEN MILLS, INC: Page: 1 Jun 22, 2023 12:14PM Invoice Date Total Cost 06/27/2023 191.52 06/27/2023 112.50 304.02 06/27/2023 89.10 89.10 50120 EMERGENCY APPARATUS MAINT, INC EMERGENCY APP 127588 ENGINE E-3: Foam system repair, Deck gun leak fixed, DEF g 06/27/2023 4,390.05 EMERGENCY APP 127833 ENGINE E-11: Crosslay #4 repair, A/C repair, L-1 compartment 06/27/2023 7,737.32 Total 50120 EMERGENCY APPARATUS MAINT, INC: 12,127.37 60650 FRATTALLONE'S HARDWARE & GARDEN FRATTALLONE'S H H18663/G Cable ties, O-rings for faucet 06/27/2023 14.89 Total 60650 FRATTALLONE'S HARDWARE & GARDEN: 14.89 131500 MY ALARM CENTER, LLC MY ALARM CENTE 17941832 2nd Quarter Security Monitoring (4/1/2023-6/30/2023) 06/27/2023 129.78 Total 131500 MY ALARM CENTER, LLC: 129.78 210300 US BANK US BANK 06 27 2023 National Registry of EMT: Application Fee 06/27/2023 104.00 US BANK 06 27 2023 Home Depot: Wall mount, Pine Sol, Ortho for lawn 06/27/2023 107.07 US BANK 06 27 2023 Office Max: USB charger 06/27/2023 18.74 US BANK 06 27 2023 Office Max: Cartridge, Toner 06/27/2023 111.98 US BANK 06 27 2023 Vermeersch Automotive: Truck C-1 oil change 06/27/2023 78.23 US BANK 06 27 2023 Microsoft: Support for old computer (not serviced by Metro Inet 06/27/2023 13.39 US BANK 06 27 2023 National Emergency Training Center - 6 day course 06/27/2023 347.84 US BANK 06 27 2023 Menards: bracket, saw blade, poster strips, velcro, shelf 06/27/2023 49.06 US BANK 06 27 2023 Office Max: colored paper 06/27/2023 26.49 US BANK 06 27 2023 Frattallone's: Hammer drill bit kit 06/27/2023 16.06 US BANK 06 27 2023 DairyQueen: Ice Cream for training 06/27/2023 20.87 US BANK 06 27 2023 DairyQueen: Ice Cream for training 06/27/2023 27.83 Total 210300 US BANK: 921.56 Grand Totals: 13,586.72 Report GL Period Summary Vendor number hash: 0 Vendor number hash - split: 0 Total number of invoices: 0 Total number of transactions: 0 CENTENNIAL FIRE DISTRICT Invoice Register - Report for COUNCIL Page: 2 Input Dates: 6/14/2023 - 6/27/2023 Jun 22, 2023 12:14PM CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION CVL,'e teryCCe Esta6Cished 1857 Agenda Item # Department: Requested Council Meeting Date: VIL9 Public Works July 12, 2023 TITLE OF ISSUE: Water Tower Spot Repair and Painting Rust Areas BACKGROUND AND SUPPLEMENTAL INFORMATION: The water tower was recently cleaned by Kangas Tank Restoration, and while they were working, they noticed many rusted areas, without paint, in a 2 foot area around the tower. Kangas believes the rust is in the area(s) where the wheels for painting the tower rolled over while painting the logo. The consultant proposes sanding and repainting the rusted areas with epoxy primer and finish coat for $11,800. Some spots are pitted and repair work will extend the longevity of the tower. In 2019, the City's consultant KLM Engineering conducted an inspection of the tower and reported that the paint seemed good for another 8-10 years, noting few areas of rust. Kangas said the rest of the paint on the tower looked in very good condition. Kangas Tank Restoration does restoration work with KLM. A second quote was obtained for the work described above, however the cost is significantly higher. COST AND SOURCE(S) OF FUNDING: $11,800 Water Fund REQUESTED COUNCIL ACTION: Motion to Approve Kangas Restoration to spot repair the rusted areas on the water tower per the proposal for $11,800. For Clerk's Use: SUPPORTED DOCUMENTS ATTACHED Motion By: Resolution Ordinance Contract Minutes Plan Map Second By: Vote Record: Ave Nay Love Koski Taylor King Other (specify) _quotes, pictures Mosher Administration Department Use: Consent Refer to: Regular Tabled Until: Other: w�;;--'--_- �- 1 c 3 June 12, 2023 Attn: Paul Palzer City of Centerville Centerville, MN Kangas Tank Restoration Beech Ave Braham, MN Cell 612-226-4067 www.kangas tank inc@vahoo.com Proposal Water Tower Repairs Kangas Tank Restoration is in the process of cleaning the exterior of the water tower to remove mold and dirt. We have taken photos of previous damage to the towers rusted areas above the high water level from previous work. May be due to rigging damage while painting the Centerville logo? The repairs will require grinding and sanding to repair area 2 feet wide around the perimeter of the tower. Then we will epoxy prime and finish coat. This process will take approximately 2 weeks depending on weather conditions. We will keep the tower in operational use during this project. Kangas Tank Restoration has evaluated the tower coating in excellent condition with minor repairs and should last another 10 years. This quote includes replacing and plumbing the recirculation pump in lower cone tank area. Total estimated cost $11,800.00 Thank you! PROPOSAL TMI Coatings, Inc. 3291 Terminal Drive, St. Paul, Minnesota 55121-1610 Phone: 651-452-6100 Fax: 651-452-0598 Painting & Restoration Contractors City of Centerville NOTE: This proposal may be withdrawn by TMI if Attn: Paul Palzer not accepted within 30 days. 2085 W Cedar Street Centerville, MN 55038 Phone:651-429-4750 Email: PPalzer@centervillemn.com Date: June 22, 2023 Regarding: Water Tower Rehabilitation City of Centerville Water Tower Coating Repair TMI Coatings, Inc. (TMI) is a safety -conscious industrial painting and concrete coating contractor. We are a woman - owned small business, have been in business for over 38 years, and are certified by AMPP as a QP1 and QP2 contractor. The QP1 and QP2 qualifications are provided to contractors with proven experience, knowledge, and equipment to produce high -quality work within safety guidelines and health and environmental standards. We propose the following scope of work: Pressure wash or solvent clean the affected area (2' wide band around the circumference of the top quarter of the tank, above the logo) to clean the surface for coating application. All rust areas will be further cleaned in accordance with SSPC- SP3 Power Tool Cleaning. A 2-coat epoxy -urethane system will be applied to the affected area. YOUR COST, INCLUDING LABOR AND MATERIALS INSTALLED...............................$28,750 NOTES: 1. Bid is based on one job mobilization/demobilization. 2. Performance and payment bonds are excluded. 3. No interior work of any kind is included. 4. Disposal of other debris by others. TMI will place debris in dumpsters provided by others. 5. Site utilities by others. Thank you for the opportunity. If you have any questions about our bid, please call me at 651-452-6100. ACCEPTANCE The undersigned hereby acceptsTMI's proposal and authorizes TMI to furnish all materials and labor required to complete the work set forth in the proposal pursuant to the proposal terms and conditions set forth on the reverse side hereof, for which we agree to pay you the amount set forth in the proposal. If the proposal terms and conditions set forth on the reverse side hereof were not provided with the transmission of TMI's proposal by facsimile, mail, or email, the undersigned agrees to request a copy of the proposal terms and conditions before signing below. The undersigned agrees to be bound by the proposal terms and conditions set forth on the reverse side hereof, regardless of whether the undersigned requested a copy or read them before signing below. Accepted: Date By Title Respectfully, TMI Coatings, Inc. By Title Scott Salmon Construction M Customer: Sign and return copy. Retain the original foryour files. TMI COATINGS, INC. TERMS AND CONDITIONS FOR PROPOSAL TMI COATINGS, INC.TERMS AND CONDITIONS FOR PROPOSAL A. CONDITIONS OF AGREEMENT. Unless otherwise expressly provided in the proposal or contract to which these terms and conditions are a part, TMI Coatings, Inc. ("TMI") has based its proposal price upon the Owner furnishing at its expense the job conditions listed below. The required job conditions and Owner's responsibilities are as follows: 1. TRANSPORTATION CONDITIONS. There shall be direct access by truck to and upon a clear, we "drained site over an all-weather, hard surfaced road. 2. LABOR CONDITIONS. Working periods shall be eight hours per day and 40 hours per week under usual labor conditions, utilizing painters and general laborers withoutjunsdictionaI disputes between or hiring of operating engineers, electricians or teamsters. The job site shall be available to TMI for overtime work should TMI deem it necessary a desirable. TMI's price is based upon the ability to perform on an open shop bass 3. WORKING CONDITIONS. There shall be safe and clean working conditionsin compliance with federal, state and local safety, environmental and air pollution laws and ordinances. Unless specifically agreed otherwise in writing in this proposal, there shall be no interference with TMI of its work area byother trades and the Owner shall provide TMI reasonable access to the work area and reasonable setup and storage are- 4. HAZARDOUS MATERIALS AND SPECIFIED MATERIALS. TMI assumes no risk of hazardous materials (which shall be deemed to include, without limitations, asbestos, PCBs, lend paint, heavy metal paint, petroleum products, radioactive materials, harmful fumes, other pollutants, and materials contaminated by anyof these things) at the site unless otherwise sated within this proposal. TMI has not included additional costs associated with the presence d hazard.. materials. Concerning soil conditions, TMI'. bid is based on the assumption that if the soil analysis of heavy metal increases after and due to TMI'. work beyond the current federal permissible level of 1,000 ppm, TMI's sole responsibility will be to scrape the tops.' and place it in Owner -provided cumpsters to be disposed d at Owner'scost. The Owner shall comply with all applicable federal, state and local governmental requirements relating to notification, monitoring, survey, evaluation, detection, remediation, removal and disposal of hazardous materials (hereinafter "Substance Requirements). The Owner shall provide TMI with written evidence of compliance and reaultsot all Substance Requirements. TMI may rely upon the Owner's representations and warranties regarding hazardous substances and Owner's compliance with Substance Requirements. TMI shall have no duty to identify, detect, evaluate, remediate, remove, a dispose of any hazardous materials. If TMI at anytime has reason to believe that hazardous materials are present at the work ste, TM11 maydemand that the Owner, at Owner's sole expense, perform appropriate evaluation and monitoring of suspected hazardous materials and provide written results to TMI. TMI shall have the right to remove its employees from the work site until such evaluation and results are made. If hazardous material is present, TMI shall receive an extension of time and an equitable adjustment in the contract price in its favor. All material and product specifications are those of the Owner, and TMI shall not be responsible for any consequences of the installation of specified materials or products. If no materials are specified and TMI selects materials for the work, TMI has no duty to investigate or test Win d proposed materials with existingg materials. To the fullest extent permitted bylaw, the Owner shall defend, indemnify and hdd harml—TMI from any and all penalties, fines, actions, liabilities, damages and costs (including reasonable attorneys' fees and expert fees) arisng from or relating to hazard.. materials ar the project site, use of specified materials a products, a work performed as requested by Owner a the enforcement of this paragraph. TMI shall not be responsible for any hazardous materials that may be stared or exist within the work of TMI, and the Omer hereby releases and discharges TMI from any and all claims, causes of action, suits, demands for arbitration, and'iabi'iry (including claims for subrogation) relating to the actual, alleged, or threatened discharge, dispersal, release, or escape of hazardous materials during performance or at any time thereafter, however caused, or to hazardous materials at the project site or use of specified materials or ioducts. SITE UTILITIES. The Owner shall make available drinking water, sanitaryfadlities and water to be used by TMI pressure washers. The Owner shall make adequate electrical power (460 or 230 volt and 110 volt power) available within 100 feet of TMI's work area. 6. HEAT CONDITIONS. The Owner shall maintain heat at 600 F minimum temperseature in any enclosed facilities in which TMI's work will be performed. At TMI's sole discretion, coatings in unendod area may not be applied at temperatures less than 60° F, nor in excessive humidity, nor in high wind unless sated otherwise within this proposal. TMI shall not be responsible for providing temporary heat to satisfactorily perform work. 7. SURFACE PREPARATION AND CLEAN-UP CONDITIONS. This proposal excludes surface preparation and coating of inaccessible and/or difficult to ready areas (i.e. back to back angles, top side beam flange, under equipment) unless otherwise specified herein. Prior to, during and after TMI's performance of TMI's work, the Owner, without delaying or interfering with TMI's work, shall (unless otherwise included in TMI's proposal): a. Remove from all surfaces to be coated all contaminants such as oil, grease, soluble schemicals, man -hole covers, pipes, cathodic systems, dirt and debris, together with alts, internal and other obstructions which interfere with TMI's performance of its work. b. Perform all grinding, welding or patch work on surfacesto be worked on by TMI including honeycombs, roughness, blow holes, etc., suffiaent to prepare and maintain a smooth surface acceptable for coating in the sole opinion of TMI. c. Provide dumpsters and disposal for TMI's project refuse, including sandblast abrasive. d. The Owner must clean, sanitize and inspect the equipment, work area and areas new the work area prior to putting these areas back into service. TMI is not responsible for anycantaminants, material, debris, tls, substance or other object not cleared or cleaned from the equipment, work area and areas near the work area. 8. WORK AREA CONDITIONS. The Owner assumes sole responsibility for loss, damage, or injury to property (including without limitation vessel internals, light gauge metal equipment, automobiles or mechanical equipment) caused by ordinary sandblasting, solvent, insulation or coating operation and further assumes responsbility for the removal (a if acceptable to TMI the covering and protection) of any Property from the work area prior to TMI's commencement of work. Unless specifically stated in writing otherwise on this proposal, TMI's proposal is based upon open abrasive blasting without containment of dust and sandblast debris. O ra% willexist to some extent on nearbyy areas. It is impractical to cover or clean surrounding areas in industrial applications. Owner to be responsbls for removal of obstructions and items not to be coated including coils, grating, antennas, etc. The Owner warrants that any concrete to be coated or treated shall be free of any materials or conditions (including, without limitation, moisture, curing agents, finishing, additives, and spelling) that may cause or contribute to failure of specified materials applied to it TMI shall not be liable for any failure caused by or contributed to by the existence of such conditions and shall not be responsible for correcting such conditions unless specifically agreed to otherwise in writing. Unless specifically stated in writing otherwise on this praposa', TMI's proposal is based upon removal (to the extent speafied on the proposal) of thin-film coatings of the generic type typically utilized for the serves type of the structure. Additional costs for removal of thic(-film coatings, coal tar epoxy, 100 % solids epoxy, polyurethane or polyurea and other difficult to remove coatings will require additional compensation per Section D Price Adjustments Owner warrants that existing coatings which will remain are compatible with materials to be applied by TMI and have adequate adhesion to adhere to the substrate upon application of subsequent coat(s) required by this proposal. The Owner shall be responsible for identifying, locating, and relocating pipelines and utilities, unless otherwise provided in this Agreement. The Owner shall remove all persons (other than amploymsot TMI or TMI'. subcontractors), food products, and any other property sensitive to dhemicals related to TMI's work or else shall otherwise fully protect all such persons, food products and prapertyfran chemicals related to TMI's work. The Owner is responsible for its employees and other persons that are on its premises where odorous and nonadcrous chemicals are going to be applied. Such notice by the Owner shall be given to allow individuals that are dhemically sensitive to leave the area prior to TMI applying such chemicals Both TMI and the Owner agree that the parties expect that residual odors shall seep into adjacent areas. TMI is not liable for any damages, including injuries, death, a property damages caused by chemicals related to TMI's work used during installation. To the extent that the Owner fails to adhere to the above provisions, concerning the application byTMl of dhemicals, and such failure bythe Owner results in injuries or damages than subjectTMl to claims of liability to the fullest extent permitted by law, the Owner agrees to fully indemnifyTMI for all expenditures incurred by TMI to defend against and/or settle such claims, including attorneys' fees, expert fees, costs, disbursements, and e%ses. 9. PROTECTION OF WORK The Owner shall protect and be responsible for protection of lining material, insulation, coating, and other work during application or installation through completion and after completion from fire and physical damage, including damage by other trades. 10. SECONDARYDIKES. Industryguidelinesoffen require secondarycikes or similar protection to contain spilled or leaked chemicals and/or to preventground contamination at a potentially date. His the sole responsibility of the Owner to determine the desirability of such protection and, if necessary, to provide it prior to commencement of the work. In no event shall TMI incur liabilityto the Owner or any other party, on the thcoryot negligence or otherwise, for failing to adviss or warn the Owner or anyother parryof the need or advisability of sudh protection, for failing to provide sudh protection, or for proceeding with the work in the absence of such protection. 11. DESIGN. The Owner is restponsb'e for the design of the project Without limitation, the Owner is responsible for determining whether capacities, including dike capacities, are adequate, whether the work will meet regulations, whether design of the project is adequate for rain or snow runoff, and whether there is proper drainage. The Owner is responsible bath during and after performance fa drainage, including drainage d precipitation, and for preventing'floatirg" of tanks The Owner shall be responsiblefa slippery conditions of dike lining and for any injuries that result. 12. INFORMATION. The Owner shall provide TMI with all information relevant to the performance of TMI's work and shall desgnate a representative who shall be fully acquainted with the work to be performed and who has authority to give approvals on behalf of the Owner and can render decisions promptly and furnish information promptly. TMI is entitled to rely upon information provided by the Owner as being complete and accurate. B. NOTIFICATION AND MOBILIZATION FOR COMMENCEMENT OF WORK The Owner shall give TMI at leas 30 days advance written notification of the date upon which the Owner desires TMI to commence work. The Owner shall unload and store in a secure area materials that arrive at the job site before TMI workers. If the work is not ready to begin when TMI's crew arrives or delays occur once the work has started, the contract price will be equitably adjusted in TMI's favor in accordance with paragraph D below. C. INSPECTION AND PERFORMANCE STANDARDS. The following inspection sandardswill be used to judge the quality of TMI's work: 1. Sandblasting will be inspected usingg The Society for Protective Coatings (SSPC) Visual Standards for Abrasive Blasi Cleaned Steel (VIS 1A9) photographic standard as the bass for accepting or rejecting sandblasting work. The Owner shall commence inspection immediately after TMI begins sandblasting using photographic SSPC VIS 1-89 standards. 9 the Owner failsto inspect sandblasting immediately after TMI begins, the Owner will be condusvely presumed to have waived inspection of surface preparation and the cost of any rework resulting from later inspection will be at the Owner's expense. 2. Coatings inspection will be accomplished bythe Owner as follows: a. Color, gloss and texture will be inspected bythe Owner immediately upon the start of final coat and any difference in interpretation shall be immediately resolved before further work proceeds. Failure or refusal ot the Owner to inspect when TMI begins application of the final coat will constitute a waiver of the Owner's right of rejection, and the Owner shall be condusvdy presumed to have accepted the mating, cola, gloss and texture and any other deficiencies which would have been discovered by a detailed inspection. Variations due to scaffold location and overspray are normal in the industry and will not be cause for rework. b. Film thickness application will be as specified in TMI's proposal and measurement of film thickness shall be performed as in SSPC-PA 2, Revision 11/1/82, using a magnetic gauge. The Owner shall compensate TMI for the cos of taking or repairing damages caused by test samples. c. Coatings will be air cured in accordance with manufacturer's specifications and the Owner will be responsible far venting anyenclosed spaces, including tank interiors, for 7 days at 70" F to remove fumes. If a force heat rare is required to expedite completion, additional cos of forced rare shall be added to the contract price. 3. Insulation inspection shall be accomplished bythe Owner as follows: a. Prior to application of any insulation, Owner shall approve a sample panel for surface appearance, thickness, variation, and design adequacy. The sample shall be sprayed at the same ambient temperature at which the work is to be performed. If schedule delays cause a change in climate conditions after the sample is submitted, the Owner shall approve anew sample or make allowances for actual job site conditions of wind, humidity, and temperature. b. Insulation thickness may vary but average thickness will not be less than minimum specified on the contract. c. The Owner shall inspect insulation immediately after application begins each day and if no objections are raised then, insulation shall be deemed to have been accepted. d. The maximum operating temperature for normal urethane foam is 190- F and the Owner shall raise or lower the temperature of the insulated tank as necessary from ambient to desired temperature ever a minimum of a 48 hour period. TMI reservesthe rightto install "temp -tabs at.r discretion. Owner assumes responsibility for maintaining operating temperature and assumes all liability in the event the temperature limitations far the insulation used are exceeded. e. An acceptable application is based on 90%adhesion of the urethane foam. 4. Coatings over foam are a commercial ap liation, defined as appreciably pinhde-free. Substantially pinhole -free application is available at addPional cost Pinhole -free steel coatings depend on steel preparation, substrate grinding and other necessary preparation work other than sandblasting and is not included unless otherwise specified in TMI's proposal. 5. Damage caused by an inspection will be repaired at the Owner's expense as an "extra to the contract amount D. PRICE ADJUSTMENTS. The contract price and schedule shall be equitably adjusted to compensate TMI for its additional costs (with reasonable markup) and delay incurred as a result ot any of the following: 1. Any breach of contractby the Owner. 2. Concealed or unknown conditions encountered in the performance of the work at variance with the conditions indicated bythe drawings, specifications, or Owner -furnished information or differing materially from those ordinarily encountered and generally recognized as inherent in work d the character provided for in this Agreement. 3. Events beyond the control of TMI, including without limitation, ads of God, earthquakes, floods, high winds, terrorism, vandalism, labor disputes, fire, unusual delay in deliveries, casualties, unusual weather, or changes in law and rules of government 4. Any additional walk ordered or requested bythe Owner. 5. Unless otherwise specified in this proposal, TMI's bid includes only one mobilimtion/demobilization. In addition to the contract price and any other monies due TMI, TMI is entitled to collect a minimum of 10%of the total price of TMI's work on this project for each subsequent mobilization/demobilization if TMI is not permitted to complete all work in one mobilization/demobilization. The price adjustment shall include an increase for the following: a. Labor and supervision payroll costs plus all applicable taxes, insurance and other fringe benefits b. Material costs at TMI's invoke cost for material, fuel, tax and frelght, including costs for returned or damaged material and freightcharges, less anyreturned credit allowed bythe manufacturer. c. Cost of equipment furnished to the job by TMI computed at Professional Coating Management, Inc.'s weekly rental rates d. Employea travel expensss between the job site and TMI's home office, along with related expenses, including hotels and meal costs. e. Subcontractor costs. I. Freight and transportation charges for equipment g. Insurance and bond costs h. Construction overhead dharged as a percentage of direct labor in accordance with TMI's regular amounting practices. i. Markup ot 25 % on all of the above changes and any other costs incurred by TMI. j. Such other costs and damages as TMI may incur. E. ESCALATION. Quoted prices are based on labor rates and material prices in effect as of date d the proposal. Material price or labor rate increases will be invoiced as they occur on the following bass: 1. For each 1%increase in average labor rate on the job, or fraction thereof, an additional sum of 0.7%of contract price will be invoked. 2. Increases in material prices will be invoiced at actual cost plus a 25%markup. Upon request, TMI will furnish average labor rate and material prices as a bass for escalation. F. LIMITED WARRANTY. For one year after installation, TMI warrants only to the al Owner that materials have been applied or installed as required bythiscontract. TMI will repair defectiveoriginwork of which TMI is notified in writing within a period of one year after application, provided the work has not been damaged by Owner a used for a purpose for which it was not intended. TMI is not responsible for conditions beyond its control including but not limited to hydrostatic pressure, vapor, moisture, frost ice, groundwater, water and/or moisture pressure or emissions, capillary action, sail or slab stability, substrate cradking, the absence or presence or condition of vapor or moisture barriers and/or weather barriers, fork truck or other traffic damage, or use for which the work is not intended. Coatings are not considered a failure if concrete or old exsting coatings are attached to the delaminated materials; this is considered a substrate failure. TMI SPECIFICALLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, INCLUDING IMPLIED WARRANTIES OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICU- LAR PURPOSE, AND OWNER AGREES THAT ITS SOLE RENEDYFOR DEFECTIVE WORK OR ANY DAMAGE RESULTING FROM SUCH DEFECT, WHETHER OR NOT CAUSED BYTHE NEGLIGENCE OF TMI, SHALL BE REPAIRED BYTMI. OWNER FURTHER AGREES THAT IN NO EVENT SHALL TMI BE LIABLE FOR CONSEQUENTIAL DAMAGES OF ANY NATURE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE OR LOST REVENUES, LOSS OF REPUTATION, COSTS OF FINANCING, LOST BUSINESS, BUSINESS INTERRUPTION, DAMAGE TO THE STRUCTURE, DAMAGE TO OR LOSS OF CONTENTS, GROUND OR GROUNDWATER CONTAMINATION, DAMAGE RESULTING FROM SPILLAGE OR LEAKAGE, OR DAMAGE RESULTING FROM POLLUTION OR RELEASE OF HAZARDOUS MATERIALS. THE FOREGOING WARRANTY IS THE ONLY WARRANTY MADE BY TMI AND IS EXPRESSLY MADE IN LIEU OF ANY AND ALL OTHER WARRANTIES, GUARANTEES OR REPRESENTATIONS, WHETHER EXPRESSED OR IMPLIED. THIS WARRANTY RUNS BETWEEN TMI AND THE OWNER ONLY, IT IS NOT ASSIGNABLE OR TRANSFERABLE TO A SUCCESSOR, ASSIGN OR ANOTHER OWNER, AND ANY SUCH ASSIGN- MENT IS VOID AND UNENFORCEABLE. G. PAYMENT TERMS. TMI shall invoice the Owner monthly for labor and materials furnished during the preceding 30 days Invoices shall be paid bythe Owner within 30 days after submission. No retainaz7e shall e withheld from payments unless otherwise stated in this proposal. Payment withheld bythe Owner shall bear interest at the rate of 18%per annum from the due date a, if less, the maximum rate permitted by law. H. DISPUTES AND APPLICABLE LAW. ff the project locale is Minnesota, then anydisputes between TMI and the Owner not required to be resolved in federal court shall be resolved in Dakota County, Minnesota. Unless prohibited by statute, this Agreement shall be interpreted and enforced in accordance with the laws of the State of Mnnesota orapplicable federal law without regard to conflicts of law principles. This Agreement will be deemed to have been made and entered into in the State of Mnnesota for all purposes. If TMI elects to consult an attorney or take any type of legal action to enforce this Agreement or defend against Owner claims, TMI is entitled to recover all resulting attorneyt fees, expert fees, disbursements, expenses, and arbitration and court costs from Owner. 1. COMPLETE AGREEMENT AND MODIFICATIONS. This document and other documents incorporated herein by reference constitute the complete, entire and integrated understanding of the parties and supersedes all prior and/or contemporaneous negotiations, representations a agreements, either written or oral. This Agreement may be modified only by written amendment signed by both parties and may not be amended in anyother. manner. ff any provision ot this Agreement is determined to be unenforceableor invalid, that provision shall be deemed severed from this Agreement and the remaining portions of this Agreementshall be enforced with the same farce and effect as if the severed portion had never been a part of this Agreement J. TERMINATION. In the event of default by the Owner or stoppage of work for a period of thirty days by direction of the Owner, or any other public authority having jurisdiction, TMI may terminate this Agreement without further written notice and the Owner shall pay to TMI all sums due under this Agreement together with TMI's anticipated profits and all other related damages, expenses, and legal fees. K INSURANCE AND TAXES. TMI shall maintain in force during performance of this Agreement Workers' Compensation Insurance and Public Liability Insurance as required by law. The Owner shall carry at its expense "all risk- Builder's Risk insurance upon the entire project ste to the full insurable value thereof on a replacement cost bass. This insurance shall induce the interests of the Owner, TMI, and TMI's subcontractors and suppliers, and shall insure against"all risks of physcal lomor damage caused byfire, extended coverage perils, flood, earthquake, theft, vandalism, malicious mischief, and other insurable perils. The Owner shall purchass and maintain such insurance as will insure itself, TMI and TMI's subcontractors and suppliers against loss of use of property due to fire and other hazards, however caused. The Owner and TMI waive all rights against each other and the contractors, subcontractors of any other, consultants, agents, and employeasot any d them for damages caused by fire or other perils to the extent covered bythe Builder's Risk insurance required to be obtained bythe Owner by this Paragraph or other property insurance applicable to the work of TMI a the properttyyot the Owner except such rights as the Owner and TMI have to the proceeds of sudh insurance. The pcfiaea ct insurance shall provide sudh waivers of subrogation by endorsement or othervvise. A waiver of subrogation shall be effective as to a person or entity even though that person or entity would oherwiss have a duty of indemnification, contractual or otherwise, did notpay far the insurance and whether a not the person or entity had an insurable interest in the property damaged. TMI shall pay all unemployment compensation taxes and social securitytaxes as may be required by law. as:2018 Proposal Terms 8 Conditions SPF #156, REV 9/18 ENCROACHMENT AGREEMENT AGREEMENT ("Agreement") was made this day of June, 2023 by and between the CITY OF CENTERVILLE, a Minnesota municipal corporation ["City"). and Perry L. Wegner, a single individual C'Landowner") RECITALS A. Landowner(s), owner in fee as tenant the real property situated in Anoka County, Minnesota, legally described as follows ("Subject Property"): PIN #15-31-22-44-0061 LOT 6, BLOCK 1 7206 L aValle Drive BAY VIEW VILLAS B. Landowner desires to construct an underground draintile within the rear and side yards within the city's right-of-way/drainage and utility easements. Landowner seeks permission from the City to encroach in the City's right-of-way/drainage and utility easements on the southeast side property and in the rear of the property along the high water level of Centerville Lake. Said draintile will deliver rainwater from two (2) downspouts and water from the .home's sump pump discharge located in the rear of the home. NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES AGREE AS FOLLOWS_ 1. The City hereby grants Latidowner(s) permission to encroach into the City's right-of-way/drainage and utility easements in their side and rear yard to the extent indicated on the attached EXHIBIT "A". 2. Nothing in this Agreement shall be deemed an abandonment, vacation or waiver of the City's interest in the right-of-way/drainage and utility easement(s). 3. Landowner(s), for themselves, their heirs, successors and assigns, hereby agree to defend, indemnify and hold the Cite harmless from all costs and expenses, claims and liability, including attorney fees, relating to or arising out of the grant to Landowner permission to encroach into the City's side and rear yard right of way/drainage and utility easement(s). Landowner further agrees to indemnify and bold the City harmless from any damage caused to the Subject Property as a result of maintenance of the City's right of way/drainage and utility easement(s), including any damage to the draintile within the side and rear yard caused in whole or part by the encroaclunent into the City's side and rear yard right of way/drainage and utility easement(s). 4. The City does not warrant title or guarantee the continuing right of Landowner(s) to maintain the draintile within the City's side and rear yard right of way/drainage and utility easement(s). 5. Landowner(s) may not replace the draintile in the City's side or rear yard right of way/drainage and utility easement(s) if the draintile is damaged more than fifty percent (501/1o) of its fair market value, as measured immediately prior to the damage. 6. The City may direct removal of the draintile, at the Landowners' sole cost and expense, upon thirty (30) days written notice if the City determines that the draintile interferes with said use. City's use of easement or it may cause upstream problems or property damages or property damage or if Landowner(s) has failed to comply with any City requirements associated N with the encroachment. If the removal is not completed by Landowner(s) within the time prescribed, the City may remove the encroachment at Landowners' expense and Landowner(s) agrees that the City may collect the costs of such removal as a special assessment against the property. Landowner(s) specifically waive(s) the requirements for public hearings associated with any assessment. 7. This Agreement shall run with the land and shall be recorded against the title to the 5ubaject Property. CITY OF CENTERVILLE L-5 By: D. Lave, Mayan Teresa Bender, City Clerk �• • ar�:�•���w►xM:rr L.t -f STATE OF MINNESOTA ) )ss. COUNTY OF ANOKA ) The foregoing instrument, having been duly adopted and approved by vote of the City Council of Centerville, Minnesota, at a meeting held the _ day of , 2023 was acknowledged before me this day of _ , by D. Love and Teresa Bender, Mayor and City Clerk, respectively, of the City of Centerville, a Minnesota municipal corporation. Notary Public 3 STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this IZ! day of .lane, 2023, Perry L. Wegner, a single individual ("Landow-ner"). 1 DRAFTED BY CITY OF CENTERVILLE 1880 Main Street Centerville, MN 55038 ERESABENDERR NC)T'Rl- =U -jc - piNESOTA `• �'�? Cxr n pan- 31, 2025 11 �XffiB/T,1} rZs c5b I ENCROACI IMENT AGREEMENT AGREEMENT ("Agreement'� was ntade this _th day of July; 2023 by and between the CITY OF CENTERVILLE, a Minnesota municipal corporation ("City'), and Nausha Hertog and Brandon A Hertog, a married couple ("Landowners") RECITALS A. Landowners owner in fee as tenant the real property situated in Anoka County, Minnesota, legally described as follows (`'Subject Property' }: PIN 914-31-22-42-0064 1805 Old Mill Court LOT 1, BLOCK 2 OLD MILL ESTATES 2Nu ADDITION B. Landowners desire to construct a boulder -type retaining wall within the rear and side yard setbacks within the city's right-of-way/drainage and utility easements. Landowner(s) seeks permission from the City to encroach in the City's right-of-way/drainage and utility easements as follows: commencing approximately 2' in from the easterly side lot line and 20.87' of which encroaches the rear right-of-way/drainage and utility easement by 3.5' and the side right-of-way/drainage and utility easement by 8' heading westerly throughout the easement to a curving point northerly encroaching the right-of-way/drainage and utility easement in the rear yard to a point 4' to a paint ending the boulder -type retaining wall within the rear right-of- way/drainage and utility easement by 9' from the rear property and less than 10' from the westerly side property litre encroaching the right-of-way/drainage and utility easement by 2 to 3' 1 NOW, TI-TEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES AGREE AS FOLLOWS: 1_ The City hereby grants Landowner(s) permission to encroach into the City's right-of-wayfdraixnage and utility easements in their sides and rear yard to the extent indicated on the attached EXHIBIT "A". 2. Nothing in this Agreement shall be deemed an abandonment, vacation or waiver of the City's interest in the right-,of-way/drainage and utility easement(s). 3 , Landowners, for themselves, their heirs, successors and assigns, hereby agree to defend, indemnify and hold the City harmless from all costs and expenses, claims and liability, including attorney fees, relating to or arising out of the grant to Landowners permission to encroach into the City's sides and rear yard right of way/drainage and utility easement(s). Landowners further agree to indemnify and hold the City harmless from any damage caused to the Subject Property as a result of maintenance of the City's right of way/drainage and utility easement(s), including any damage to the boulder type retaining wall within the sides and rear yard caused in whole or part by the encroachment into the City's sides and rear yard right of way/drainage and utility cas ment(s). 4. The City does not warrant title or guarantee the continuing right of Landowners to maintain the boulder 13Te retaining wall within the City's sides and rear yard right of way/drainage and utility casement(s). 5. Landowners may not replace the boulder type retaining wall in the City's sides and rear yard right of way/drainage and utility easement(s) if the boulder type retaining wall is damaged more than fifty percent (50%) of its fair market value, as measured immediately prior to the damage. 2 STATE OF MINNESOTA } )Ss. COUNTY OF ANOKA } The foregoing instrument, having been duly adapted and approved by vote of the Cite Council of Centerville, Minnesota, at a meeting held the day of , 2023 was acknowledged before me this day of , by D. Love and Teresa Bender, Mayer and Ci(y Clerk, respectively, of the City of Centerville, a Minnesota municipal eorporation. Notary Public STATE OF MINNESOTA } )ss_ COUNTY OF ANOKA } The foregoing instrument was acknowledged before me this ? th day of July, 2023, Nausha Hertog and Brandon A Hertog, a married coupW"Land rs" OY A HERTOr, Notary Aeolic ate of n' a +a DRAFTED BY CITY OF CENTERVILLE "'�:YSJC41 OY A HERFpG Notary Public 1880 Main Street ate of Minraea4ta Centerville MN 55038 ommis9ion Expires n vary 31, 2027 4 6_ The City may direct removal of the boulder type retaining wall, at the Landowners' sole cost and expense, upon thirty (30) days written notice if the City determines that the boulder type retaining wall interferes Aith said use. City's use of easement(s) or it may causc upstrcam problems or property damages or property damage or if Landowner(s) has failed to comply with any City requirements associated with the encroachment. If the removal is not completed by Landowner within the time prescribed, the City may remove the encroachment(s) at Landowner's expense and Landowner agrees that the City may collect the costs of such removal as a special assessment against the property. Landowner speciGcatly waives the requirements for public hearings associated with any assessment. 7. This Agreement shall run with the land and shall be recorded against the title to the Subject Property. CITY OF CENTERVILLE By: i By: PRO IM Love, Mayor Teresa Bender, City Clerk 9 �E 1' r 44 ■it r � LLI n CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION CVL,'e teryCCe Esta6Cished 1857 Agenda Item # Department: Requested Council Meeting Date: VIL8 Parks & Recreation/City Clerk July 7, 2023 TITLE OF ISSUE: Application Submission by Ms. Ashley Fuchs and Completed Interview Process BACKGROUND AND SUPPLEMENTAL INFORMATION: Ms. Ashley Fuchs attending the July 5, 2023 Committee meeting, participated in the interview process and attending the most recent Main Street Market. COST AND SOURCE(S) OF FUNDING: N/A REQUESTED COUNCIL ACTION: Motion to Recommend Appointment of Ms. Ashley Fuchs to the Parks & Recreation Committee. For Clerk's Use: SUPPORTED DOCUMENTS ATTACHED Motion By: Resolution Ordinance Contract Minutes Plan Map Second By: Vote Record: Ave Nay Love Koski Taylor King Other (specify) Completed application for Appointment. Mosher Administration Department Use: Refer to: Consent Regular Tabled Until: Other: Res. #13-022 A RESOLUTION AUTHORIZING CITY PARTICIPATION IN RESOLVING PRIVATE STORM DRAINAGE PROBLEMS WHEREAS, there are a number of areas in the city where grades are inadequate to properly drain residential properties resulting in standing water and unusable yards, and WHEREAS, the drainage problems are usually through no fault of the property owners, and WHEREAS, some of these circumstances can be alleviated through installation of drain tile systems or other drainage facilities installed in the drainage easements that exist on the property, and WHEREAS, these problems often affect numerous properties and cannot be effectively resolved by any one property owner, and WHEREAS, even though these problems are often cosmetic and do not present a danger of property damage through flooding, the public good may be served by removing standing water and the associated nuisances. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF CENTERVILLE, MINNESOTA: 1) The Council authorizes staff to work with groups of property owners to resolve the private drainage issues where it is possible to do so by constructing drainage facilities in public easements. 2) The council authorizes participation in the cost of these structures by sharing in 25% of the cost of the project to be paid from the Stormwater Fund, provided the property owners agree to voluntarily be assessed for the remaining 75% of the cost, and further provided that the maximum city -share participation in these kinds of projects is limited to $10,000 in any calendar year and a portion of the f ind's budget shall be reserved for this purpose. 3) The City Council hereby authorizes financing of the property owner share through voluntary special assessment agreements, such financing for a maximum of five years at 4.5% interest. Adopted by the City Council this 9th da of October 2013. Tom Wilharber, Mayor eresa en er, ity er SPECIAL ASSESSMENT AGREEMENT WAIVER OF HEARING AND APPEAL AGREEMENT made this day of , 2023, by and between the City of Centerville, a Minnesota municipal corporation ("City"), and Kylie Haffke and Alexander Haffke ("Property Owners"), a married couple. A. Property Owner(s) are the fee owners of the following described real property, located in the City of Centerville, Anoka County, Minnesota ("Subject Property"): PIN 423-31-22-42-0015 6908 Oak Circle LOT 9, BLOCK 3, CENTER OAKS 1, EX RD SUBJ TO EASE OF REC B. Property Owners request to install 60' of draintile/piping to direct stormwater into the City's concrete catch basin located in their rear yard to assist stormwater flowage away from the home as per Exhibit A. C. Property Owners have agreed to participate in the City's program for cost share (25% - City of Centerville's Portion, ($2,365.62) and 75% - Property Owners Portion, ($7,096.88), authorized by City Resolution #13-022. Two bids have been submitted by the property owners and the property owners have chosen the lowest bidder of a fee of $9,462.50 (Exhibit B). D. Prior to payment to the property owner's chosen contractor, Schifsky Companies, the City will receive a Lien Waiver and a Form IC324 from Schifsky Companies upon completion of the project and request for payment. Said payment will not exceed the amount assessed through this agreement. E. The costs to be incurred for the Improvement is the amount of the special assessment listed below: NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES HERETO AGREE AS FOLLOWS: -1- 1. The City will assess the Subject Property $7,096.88. The special assessment principal shall be payable in equal installments over five (5) years, plus 4.5% interest on the unpaid balance. Interest shall begin accruing on November 1, 2023. The special assessment principal and interest will be certified to the county and become due and payable on the same schedule as the property taxes for the Subject Property beginning in 2024. 2. The Property Owner waives any and all procedural and substantive objections to the Improvement and special assessments, including, but not limited to, hearing requirements and any claims that the assessment exceeds the benefit to the Subject Property. The Property Owner waives any right to appeal pursuant to Minn. Stat. §429.081. 3. Property Owners may prepay the entire special assessment without interest if paid in full by November 1, 2023. 4. This Agreement shall be binding upon the Property Owners and the Property Owner's successors and assigns. This Agreement may be recorded against the title to the Subject Property and it shall run with the property. 5. No remedy herein conferred upon or reserved to the City is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. 6. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient by the City. 7. In the event any provision of this Agreement shall be held invalid, illegal, or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof, and the remaining provisions shall not in any way be affected or impaired thereby. 8. Except as specifically stated herein, the payment of this special assessment shall be governed by Minnesota Statutes Chapter 429 -2- PROPERTY OWNER: its: its: STATE OF MINNESOTA ) ss. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this day of June, 2023, Kylie Haffke and Alexander Haffke, a married couple ("Landowners"). CITY OF CENTERVILLE C D. Love, Mayor Teresa Bender, City Clerk Notary Public -3- STATE OF MINNESOTA ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2023, by D. Love and by Teresa Bender, the Mayor and City Clerk of the City of Centerville, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. DRAFTED BY: City of Centerville 1880 Main Street Centerville, MN 55038 Notary Public PID #23-31-22-42-0015 RIGHT OF ENTRY/WAIVER THE UNDERSIGNED, owners of certain land in the City of Centerville, who are the sole persons with a right to grant entry to the affected property described herein, in consideration of One Dollar ($1.00) and other good and valuable consideration, do hereby consent and grant unto the CITY OF CENTERVILLE, a Municipal corporation under the laws of the State of Minnesota, ("City") its agents and assigns, the right to enter upon and commence construction and all related activities therewith, over, under, on, and across the real property described in the attached Special Assessment Agreement for the purpose of inspecting the installation of 60' of draintile/piping to direct stormwater into the City's concrete catch basin located in the drainage/utility easement in the rear yards of 1824 and 1834 Partridge Place, Centerville, MN. ("Improvements") It is understood by the undersigned that the City will be granted an easement allowing future repair, maintenance, etc. of said ("Improvements") Dated this day of , 2023. PROPERTY OWNERS: -5- VLK J nr FORM RCF-M LF 909.0 SE -_912.5.1,- --G FM 912 --L9. 0. EXHIBIT PROPOSED Hl l.ki- - ..— Atm f. . IA - -- 5 RE 50 LF Wal LF 908.8 SE SE 912.3 G G 912.3 - - oft- I n A G PO Box 424 Lake Elmo, Minnesota 55042 (651) 439-0603 info@schifskycompanies.com I www.schifskycompanies.com RECIPIENT: Alex Haffke 6908 Oak Circle Centerville, Minnesota 55038 Sent on May 23, 2023 Dirtwork Grade around yard to smooth and promote proper 1 $4,860,00 $4,860.00 drainage. Stumps to be removed before! 12" Core drill Core drill into the side of concrete catch basin 1 $787.00 $787.00 Drain pipe/material 60ft of 12" corigated pipe 1 $1,704.00 $1,704.00 bends and inlet grate Topsoil topsoil hauled in to get yard to drain away from 1 $1,117.00 $1,117.00* house Sod Fresh local sod installed over excavated area once 78 $12.75 $994.50* complete. Area smoothed and topsoil used as needed. Old sod hauled out as needed. Subtotal $9,462.50 Non-taxable Sales Tax (Wash $542.14 "This quote is valid for the next 30 days, after which values may be subject to Co) (7.375%) change. 'Additional work not listed in this quote will be charged in addition to this price and Total $10,004.64 require a contract change order approved by the client before work is to continue. "Invoice to be paid in full within 30 days after Request for payment otherwise a lien in favor of Schifsky Companies will be created and late fees up to 1.5% per month will be added to any outstanding balance until payed in full. 1 of 2 pages Olson's Sewer Service, Inc. - Olson's Excavating Service 17638 Lyons Street NE PROPOSAL SUBMITTED TO Alex Haffke STREET 6908 Oak Circle CITY, STATE AND ZIP CODE Centerville, MN 55038 Forest Lake, MN 55025 (651) 464-2082 Fax: (651) 464-9029 PHONE 561-267-0480 DATE 5-3-23 JOB NAME Storm Water Catch Basin & Yard Grading JOB LOCATION l alexhaffke@yahoo.com submit specifications and estimates far: We will excavate to expose the existing concrete catch basin in the easement. We will core drill and install a 6" boot in the existing catch basin to accept a 6" ridged pipe. We will install a new 27" concrete catch basin with a beehive cast iron top in the low spot in the property. We will core drill and install a 6" boot in the catch basin to accept a 6" ridged pipe. We will excavate to install 6" SDR-35 pipe between the 2 catch basins. The excavation area will be backfilled and grade with the existing soil. We will haul in and finish grade up to 6 yards of topsoil over the excavated area in the easement. The topsoil will be seeded, fertilized, and covered with erosion blanket. Excess soil will be stockpiled on site to reuse for back yard grading. The estimated cost for this work is $8,310.51. We will reshape the back yard to promote proper water drainage away from the house and towards the new catch basin. We will haul in and finish grade up to 75 yards of topsoil throughout the backyard. Tree stumps must be ground out prior to this work. The estimated cost for this work is $4,620.19. No lawn or landscape restoration included. Unless otherwise noted, the above proposal does not include the following: permits, private underground utility locates, private underground utility repairs, irrigation repairs, or lawn/landscape restoration. Where applicable, the proposal does not include: hazardous waste assessment or abatement, dewatering or hydro -vac services, tree removal or impact on tree health; blacktop or concrete restoration. Winter Notice: When conditions dictate, the above proposal does not include frost ripping or winter condition management. The above proposal is based on information known at this time; changes in the scope of work will be communicated prior to initiating and will be billed on a time and materials basis. Any person or company supplying labor or materials for this improvement to your property may file a lien against your property if that person or company is not paid for the contributions. Under Minnesota law, you have the right to pay persons who supplied labor or materials for this improvement directly and deduct this amount from our contract price, or withhold the amounts due from us until 120 days after completion of the improvement unless we give you a lien waiver signed by persons who supplied the labor or material for the improvement and who gave you timely notice. We reserve the right to file a lien if payment in full is not received within 30 days of the invoice date. Any additional costs will be added to the bill for interest, legal expenses, attorney fees, and for collection_ costs. We Propose hereby to furnish material and labor — complete in accordance with above specifications, for the sum of: AS NOTED ABOVE. Payment to be made as follows: TO BE PAID WITHIN 30 DAYS OF INVOICE. A SIGNED CONTRACT IS NECESSARY TO PERFORM THE WORK DESCRIBED ABOVE. All material is guaranteed to be as specified. All work to be completed in a workmanlike manner Authorized Signature according to standard practices. Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the Dylan An de rst I estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other necessary insurance. Our workers are fully covered by Workmen's Note: We may withdraw this proposal if not accepted within 7 days. Cam, ensation insurance. Acceptance of Proposal — The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to Signature do the work as specified. Payment will be made as outlined above. X Date of Acceptance _X Signature X www.olsonsinthepink.com Keep Your Sewer in the Pink! SPECIAL ASSESSMENT AGREEMENT WAIVER OF HEARING AND APPEAL AGREEMENT made this day of July, 2023, by and between the City of Centerville, a Minnesota municipal corporation ("City"), and Lori Anne Eckert and Steven Dean Eckert ("Property Owners"), a married couple, married to each other. RECITALS A. Property Owner(s) are the fee owner of the following described real property, located in the City of Centerville, Anoka County, Minnesota ("Subject Property"): PIN 423-31-22-33-0054 1605 Widgeon Circle LOT 1, BLOCK 2 HUNTERS CROSSING 2N ADD B. Property Owners request to install a French drain/(draintile) to direct stormwater from their property into an abutting French drain/(draintile) of a neighboring property in the rear yard 30' drainage utility easement per Exhibit A. C. Property Owners have agreed to participate in the City's program for cost share (25% - City of Centerville's Portion, ($2,943.75) and 75% - Property Owners Portion, ($8,831.25), authorized by City Resolution 413-022. Two bids have been submitted by the property owners and the property owners have chosen the lowest bidder of a fee of $11,775 (Exhibit B). D. Prior to payment to the property owner's chosen contractor, John's ProCare, the - 1 - City will receive a Lien Waiver and a Form IC324 from John's ProCare upon completion of the project and request for payment. Said payment will not exceed the amount assed through this agreement. E. The costs to be incurred for the Improvement is the amount of the special assessment listed below: NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES HERETO AGREE AS FOLLOWS: 1. The City will assess the Subject Property $8,831.25. The special assessment principal shall be payable in equal installments over five (5) years, plus 4.5% interest on the unpaid balance. Interest shall begin accruing on November 1, 2023. The special assessment principal and interest will be certified to the county and become due and payable on the same schedule as the property taxes for the Subject Property beginning in 2024. 2. The Property Owner waives any and all procedural and substantive objections to the Public Improvement and special assessments, including, but not limited to, hearing requirements and any claims that the assessment exceeds the benefit to the Subject Property. The Property Owner waives any right to appeal pursuant to Minn. Stat. §429.081. 3. Property Owner may prepay the entire special assessment without interest if paid in full by November 1, 2023. 4. This Agreement shall be binding upon the Property Owner and the Property Owner's successors and assigns. This Agreement may be recorded against the title to the Subject Property and it shall run with the property. 5. No remedy herein conferred upon or reserved to the City is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. 6. No delay or omission to exercise any right or power accruing upon any default -2- shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient by the City. 7. In the event any provision of this Agreement shall be held invalid, illegal, or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof, and the remaining provisions shall not in any way be affected or impaired thereby. 8. Except as specifically stated herein, the payment of this special assessment shall be governed by Minnesota Statutes Chapter 429 PROPERTY OWNER: Fin Its: BY: Its: STATE OF MINNESOTA ) ss. COUNTY OFANOKA ) The foregoing instrument was acknowledged before me this day of July, 2023, by Lori Anne Eckert and Steven Dean Eckert, a married couple ("Landowners"). CITY OF CENTERVILLE BY: D. Love, Mayor Notary Public -3- Teresa Bender, City Clerk STATE OF MINNESOTA ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of July, 2023, by D. Love and by Teresa Bender, the Mayor and City Clerk of the City of Centerville, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public PID# 23-31-22-33-0054 RIGHT OF ENTRY/WAIVER THE UNDERSIGNED, owners of certain land in the City of Centerville, who are the sole persons with a right to grant entry to the affected property described herein, in consideration of One Dollar ($1.00) and other good and valuable consideration, do hereby consent and grant unto the CITY OF CENTERVILLE, a Municipal corporation under the laws of the State of Minnesota, ("City") its agents and assigns, the right to enter upon and commence construction and all related activities therewith, over, under, on, and across the real property described in the attached Special Assessment Agreement for the purpose of inspecting the installation of French drain/(draintile) through their rear yard and connecting into an abutting French drain/(draintile) of a neighboring property in the rear yard 30' drainage utility easement per Exhibit A ("Improvements"). It is understood by the undersigned that the City will be granted an easement allowing future repair, maintenance, etc. of said ('Improvements") Dated this day of , 2023. PROPERTY OWNER: M. BY: -5- 8£OSS NW'ell!^�a�ua�'e!anp uoafip!MSL9LlS09L ++�+wraawa 30N3OIS3a ,IHONLVla3>103 .!. a .i.`r k 3 y f fit E I a 00. >s MI Ta . ii i �i w - _ U Z uj w LL VERTICAL AS=BUILT SURVEY for-CHAPMAN HOMES N8803S'. for -FND111#15612 9.9. B5 (9 FOOT POURED WALKOUT) PROPOSED ELEVATIONS: GARAGE FLOOR = 917.1 TOP OF WALL = 917.5 TOP OF FOOTING = 908.5 LOWEST FLOOR = 908.8 (MEAS. 9-27-11)) AS -BUILT ELEVATIONS: GARAGE FLOOR = 917.3 TOP OF WALL = 917.6 LOWEST FLOOR = 909.0 DRAINAGE AND VTILITV EASEMENT ��; �~ O w 1 � 16 I } 5 I } I 1 I I f i I 909.23 911. 2DERWALL 9L,908.471 �� II f-2- CAF1T�� +� BOU89 10$ I D8. ti 912-31 9H-99 N ze.Uu 71.7 1I5f312-- Z 913.D1 U - 912.98 EXISTING i fir• i' _ 913.14 HOUSE � I 15.44 iOULDERINALL I 915.53 975.&p I 20.00 a aD 0 i } 1a.o � 4 1 l i N � a r COVERED STOOP4 STOOP 4 l l i 1 1 } � i SERVICE r i0 1 SAN-+ sbN+- r � — r rg14.65 —4 I H2O p 15612 c� 9D9..75 BOVkDERWALL A I 1 L_ — --I O FNDIP�415b12 18, QQ LAI/� ; 4 spry. o+ys 916.84 �JV• IS�s7 Fr! J/ ps5612 TNH%Y_ C�49���}Q�Qf _ fJ��— C, 514 45 f CA .914.76 + ___- O Bc 914.42 13C LA BC I I� o VVIDGE!ON — — d Q V1 � Lot 1. Block 2. HUNTERS CROSSING 2ND ADDITION, Anoka County, Minnesota Scale 1"= 3Q' '* Denotes Iron Monument I Searin,:.; Datum. Assumed Job No. 11167hs Drw-i By rlo I hereby certify that this plan, survey or report was prepared by me SONS, or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota. PROFESSIONAL LAND SURVEYORS 6776 LAKE DRIVE NE, SURE 110 I- G. RUD & SONS. INC. LINO LAKES, MINNESOTA 665014 10/6/11; REMOVE DECK By TEL. (651 361-8200 Dated this 6th day of OCTOBER _ 2011, Mfi so License No. 41578 FAX ((65 361-8701 www.egruo.com Ll -132 iHN'S OCARE 1 2 ME Teet S.E. j Forest Lake, MN 55025 1 651-775-4446 Date: June 21, 20,- Customer: Steve Ecker Project: Drainage and Sod Install 2023 Maintenance Proposal Service Description: • Remove existing foliage and cat tail plants and top layer of dirt • Dispose of waste off site • Replace top with black dirt for growing sod • Install in middle drain tile and rock bed • Sod area around both sides of drain field Service Duration: • 3 days approximately Service Cost: $23,550.00 Payment Terms: • balance upon completion. Thank you for your consideration of this proposal. I look forward to hearing from you. John Capetz roCare, Owner r '$ F17 d I , MOWING f TRIMMING FERTILIZING I DETHATCHING RAKING AERATING WINTERIZING J LEAF REMOVAL PLOWING I SHOVELING I SWEEPING I SALTING 8540 Quarles Road �0� Maple Grove, MN 55311 t i Phone:612-836-7808 VY Task Mafters Inrsdfmpc C=inctimm Da;o Build Eckert, Steve/Lori Phone:5078844870 Job Address: 1605 Widgen Centerville, MN Print Date: 7-7-2023 Proposal for Eckert/Twohy: SW01-DR02-PR02 ECKERT/TWOHY RESIDENCE: SW01-DR02-PR02 Attachments View All (1) eckert-twohy-center Items Description Qty/Unit Unit Price Price DEMO/DISPOSAL Demo and disposal of existing sod, plants, rip rap, soils and any other misc. 1 $13,910.00 $13,910.00 Demo/Disposal material necessary to begin work in area(s) as indicated plan work. FRENCH DRAIN WORK Install french drain w/a double run of 6" socked/perforated drain tle from end 1 $15,385.00 $15,385.00 Drain Basin/Tile Work of culvert spill area through drainage swale connecting to established french drain system. * Proposal is to tie new french drain system directly into existing system as is. Not responsible for existing french drain performance or lack thereof and any affects it may have on new french drain. Repairing, replacing or altering existing french drain system in any way not included in this proposal. SOILS/GRADEWORK Add a maximum of 90cy (truck measure) top soil, compact and set to final 1 $16,175,00 $16,175.00 Gradework grade. *amending saturated soils may result in additional demo/disposal and installation cost(s) not included in this proposal. SOD REPAIR Set final grade w/pulverized top soil and lay sod to establish turf area. 1 $6,566.00 $6,566.00 Sodding/Seed * Homeowner responsible for all watering and maintenance of sodded areas until city signs off project completion. Any retained fees not released by city to Task Masters may be may be applied to final bill. REPAIR WORK (addt'I) Rerouting, repair and/or maintenance of irrigation, dog fence, low voltage 1 $0.00 $0.00 Repair Work lighting, private utilities and fence panel removal/replacement is not included on this proposal. Any repairs made by Task Masters or by referred subcontractor(s) will be billed direct to client at time of project completion. Total Price: $52,036.00 NOTE: Homeowner responsible for all applications, permits and associated fees. ENCROACHMENT AGREEMENT AGREEMENT ("Agreement") was made this th day of July, 2023 by and between the CITY OF CENTERVILLE, a Minnesota municipal corporation ("City"), and Lori Anne Eckert and Steven Dean Eckert, a married couple ("Landowners"). RECITALS A. Landowners owner in fee as tenant the real property situated in Anoka County, Minnesota, legally described as follows ("Subject Property"): PIN 923-31-22-33-0054 1605 Widgeon Circle LOT 1, BLOCK 2 HUNTERS CROSSING 2ND ADD B. Landowners desire to construct a French Drain/draintile within the side and rear yard setbacks within the city's right-of-way/drainage and utility easements. Landowner(s) seeks permission from the City to encroach in the City's right-of-way/drainage and utility easements depicted in Exhibit A. NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES AGREE AS FOLLOWS: 1. The City hereby grants Landowner(s) permission to encroach into the City's right-of-way/drainage and utility easements in their sides and rear yard to the extent indicated on the attached EXHIBIT "A". 1 2. Nothing in this Agreement shall be deemed an abandonment, vacation or waiver of the City's interest in the right-of-way/drainage and utility easement(s). 3. Landowners, for themselves, their heirs, successors and assigns, hereby agree to defend, indemnify and hold the City harmless from all costs and expenses, claims and liability, including attorney fees, relating to or arising out of the grant to Landowners permission to encroach into the City's sides and rear yard right of way/drainage and utility easement(s). Landowners further agree to indemnify and hold the City harmless from any damage caused to the Subject Property as a result of maintenance of the City's right of way/drainage and utility easement(s), including any damage to the French Drain/draintile within the sides and rear yard caused in whole or part by the encroachment into the City's sides and rear yard right of way/drainage and utility easement(s). 4. The City does not warrant title or guarantee the continuing right of Landowners to maintain the French Drain/draintile within the City's sides and rear yard right of way/drainage and utility easement(s). 5. Landowners may not replace the b French Drain/draintile in the City's sides and rear yard right of way/drainage and utility easement(s) if the French Drain/draintile is damaged more than fifty percent (50%) of its fair market value, as measured immediately prior to the damage. 6. The City may direct removal of the French Drain/draintile at the Landowners' sole cost and expense, upon thirty (30) days written notice if the City determines that the French Drain/draintile interferes with said use. City's use of easement(s) or it may cause upstream problems or property damages or property damage or if Landowner(s) has failed to comply with any City requirements associated with the encroachment. If the removal is not completed by Landowner within the time prescribed, the City may remove the encroachment(s) at 2 Landowner's expense and Landowner agrees that the City may collect the costs of such removal as a special assessment against the property. Landowner specifically waives the requirements for public hearings associated with any assessment. 7. This Agreement shall run with the land and shall be recorded against the title to the Subject Property. CITY OF CENTERVILLE By: D. Love, Mayor By: Teresa Bender, City Clerk PROPERTY OWNER By: Lori Anne Eckert By: Steven Dean Eckert STATE OF MINNESOTA ) )ss. COUNTY OF ANOKA ) The foregoing instrument, having been duly adopted and approved by vote of the City Council of Centerville, Minnesota, at a meeting held the day of , 2023 was acknowledged before me this day of , by D. Love and Teresa Bender, Mayor and City Clerk, respectively, of the City of Centerville, a Minnesota municipal corporation. Notary Public 3 STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this th day of July, 2023, Lori Anne Eckert and Steven Dean Eckert, a married couple ("Landowners"). DRAFTED BY CITY OF CENTERVILLE 1880 Main Street Centerville, MN 55038 Notary Public .19 8£OSS NW'ell!^�a�ua�'e!anp uoafip!MSL9LlS09L ++�+wraawa 30N3OIS3a ,IHONLVla3>103 .!. a .i.`r k 3 y f fit E I a 00. >s MI Ta . ii i �i w - _ U Z uj w LL VERTICAL AS=BUILT SURVEY for-CHAPMAN HOMES N8803S'. for -FND111#15612 9.9. B5 (9 FOOT POURED WALKOUT) PROPOSED ELEVATIONS: GARAGE FLOOR = 917.1 TOP OF WALL = 917.5 TOP OF FOOTING = 908.5 LOWEST FLOOR = 908.8 (MEAS. 9-27-11)) AS -BUILT ELEVATIONS: GARAGE FLOOR = 917.3 TOP OF WALL = 917.6 LOWEST FLOOR = 909.0 DRAINAGE AND VTILITV EASEMENT ��; �~ O w 1 � 16 I } 5 I } I 1 I I f i I 909.23 911. 2DERWALL 9L,908.471 �� II f-2- CAF1T�� +� BOU89 10$ I D8. ti 912-31 9H-99 N ze.Uu 71.7 1I5f312-- Z 913.D1 U - 912.98 EXISTING i fir• i' _ 913.14 HOUSE � I 15.44 iOULDERINALL I 915.53 975.&p I 20.00 a aD 0 i } 1a.o � 4 1 l i N � a r COVERED STOOP4 STOOP 4 l l i 1 1 } � i SERVICE r i0 1 SAN-+ sbN+- r � — r rg14.65 —4 I H2O p 15612 c� 9D9..75 BOVkDERWALL A I 1 L_ — --I O FNDIP�415b12 18, QQ LAI/� ; 4 spry. o+ys 916.84 �JV• IS�s7 Fr! J/ ps5612 TNH%Y_ C�49���}Q�Qf _ fJ��— C, 514 45 f CA .914.76 + ___- O Bc 914.42 13C LA BC I I� o VVIDGE!ON — — d Q V1 � Lot 1. Block 2. HUNTERS CROSSING 2ND ADDITION, Anoka County, Minnesota Scale 1"= 3Q' '* Denotes Iron Monument I Searin,:.; Datum. Assumed Job No. 11167hs Drw-i By rlo I hereby certify that this plan, survey or report was prepared by me SONS, or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota. PROFESSIONAL LAND SURVEYORS 6776 LAKE DRIVE NE, SURE 110 I- G. RUD & SONS. INC. LINO LAKES, MINNESOTA 665014 10/6/11; REMOVE DECK By TEL. (651 361-8200 Dated this 6th day of OCTOBER _ 2011, Mfi so License No. 41578 FAX ((65 361-8701 www.egruo.com Ll -132 SPECIAL ASSESSMENT AGREEMENT WAIVER OF HEARING AND APPEAL AGREEMENT made this day of July, 2023, by and between the City of Centerville, a Minnesota municipal corporation ("City"), and Danielle M Twohy and Nicholas P Twohy ("Property Owners"), a married couple, married to each other. RECITALS A. Property Owner(s) are the fee owner of the following described real property, located in the City of Centerville, Anoka County, Minnesota ("Subject Property"): PIN 423-31-22-33-0055 1615 Widgeon Circle LOT 2, BLOCK 2 HUNTERS CROSSING 2N ADD B. Property Owners request to install a French drain/(draintile) to direct stormwater from their property into an abutting French drain/(draintile) of a neighboring property in the rear yard 30' drainage utility easement per Exhibit A. C. Property Owners have agreed to participate in the City's program for cost share (25% - City of Centerville's Portion, ($2,943.75) and 75% - Property Owners Portion, ($8,831.25), authorized by City Resolution 413-022. Two bids have been submitted by the property owners and the property owners have chosen the lowest bidder of a fee of $11,775 (Exhibit B). D. Prior to payment to the property owner's chosen contractor, John's ProCare, the - 1 - City will receive a Lien Waiver and a Form IC324 from John's ProCare upon completion of the project and request for payment. Said payment will not exceed the amount assessed through this agreement. E. The costs to be incurred for the Improvement is the amount of the special assessment listed below: NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES HERETO AGREE AS FOLLOWS: 1. The City will assess the Subject Property $8,831.25. The special assessment principal shall be payable in equal installments over five (5) years, plus 4.5% interest on the unpaid balance. Interest shall begin accruing on November 1, 2023. The special assessment principal and interest will be certified to the county and become due and payable on the same schedule as the property taxes for the Subject Property beginning in 2024. 2. The Property Owner waives any and all procedural and substantive objections to the Public Improvement and special assessments, including, but not limited to, hearing requirements and any claims that the assessment exceeds the benefit to the Subject Property. The Property Owner waives any right to appeal pursuant to Minn. Stat. §429.081. 3. Property Owner may prepay the entire special assessment without interest if paid in full by November 1, 2023. 4. This Agreement shall be binding upon the Property Owner and the Property Owner's successors and assigns. This Agreement may be recorded against the title to the Subject Property and it shall run with the property. 5. No remedy herein conferred upon or reserved to the City is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. 6. No delay or omission to exercise any right or power accruing upon any default -2- shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient by the City. 7. In the event any provision of this Agreement shall be held invalid, illegal, or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof, and the remaining provisions shall not in any way be affected or impaired thereby. 8. Except as specifically stated herein, the payment of this special assessment shall be governed by Minnesota Statutes Chapter 429 PROPERTY OWNER: Fin Its: BY: Its: STATE OF MINNESOTA ) ss. COUNTY OFANOKA ) The foregoing instrument was acknowledged before me this day of July, 2023, by Danielle M Twohy and Nicholas P Twohy ("Property Owners"), a married couple. CITY OF CENTERVILLE BY: D. Love, Mayor Notary Public -3- Teresa Bender, City Clerk STATE OF MINNESOTA ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of July, 2023, by D. Love and by Teresa Bender, the Mayor and City Clerk of the City of Centerville, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public PID# 23-31-22-33-0055 RIGHT OF ENTRY/WAIVER THE UNDERSIGNED, owners of certain land in the City of Centerville, who are the sole persons with a right to grant entry to the affected property described herein, in consideration of One Dollar ($1.00) and other good and valuable consideration, do hereby consent and grant unto the CITY OF CENTERVILLE, a Municipal corporation under the laws of the State of Minnesota, ("City") its agents and assigns, the right to enter upon and commence construction and all related activities therewith, over, under, on, and across the real property described in the attached Special Assessment Agreement for the purpose of inspecting the installation of French drain/(draintile) through their rear yard and connecting into an abutting French drain/(draintile) of a neighboring property in the rear yard 30' drainage utility easement per Exhibit A ("Improvements"). It is understood by the undersigned that the City will be granted an easement allowing future repair, maintenance, etc. of said ('Improvements") Dated this day of , 2023. PROPERTY OWNER: M. BY: -5- z 8£099NW'e111AJatua0'a1onpu02BP!AASWL/50N 30N301632i AHONW1HBA03 a ro }7.t i a 2 J/� 4 1�• I n U Z LU Ix LL HY—LAND SURVEYING, P.A.@ LAND SURVEYORS 919.0 Top of Block 11947 Idaho Ave. N. INVOICE NO. 32141 Champlin, Minnesota 55316 F.B. NO, . XXX 918-7 Garage Floor PHONE (763) 323-1300 SCALE 1"m 30, FAX (763) 323-7035 910.E Lowest Floor hylandsurvey*gwestoffice.net 0 Denotes Iron Monument Found Type of Building — 3urtirgors Tertifirate •:! 7 xO00.0 Denotes Existing Elevation FULL BASEMENT WALKOUT NOTE: PROPERTY CORNERS SET BY DEVELOPERS SURVEYOR SLiar - >� AS BUILT ELEVATION",,�� LANG BUILDERS 911,7 78.21 S88'36'51"E 910.9 o O 1i 905.7 9a6.0 I DRAINAGE & UTIUTY EASEMENT 4 910.p 51 5 x 906.7 x 909.7 I 915.9 gpB.O jIT l 906.6 I I I i x950.1 iJ-e J �O I I 910.1y' F � 9pII9.0 91G. N 970.E-RESIDENCE N 23.67 O W 9-955.4 I la ISTING12.00 I PORCH I 916.4 I 916.7 J t' 1200.11L9 22.3.5 g 916.9 916.6 I 918. 1918.4� I II I I _. II A I �I L __ T-_ ,_ S o f 915.7 80.00 S89'27'37"E 91ss I 1 814.60 LL B1rs0 Concrete Curb 9tC5.19 TC TC TC WIDGEON CIRCLE LOT 2, BLOCK 2, HUNTERS CROSSING 2ND ADDITION This survey is certified only to the above named person or persons and not to subsequent owners, motigoges a title insurers. The only easements shown are from plate of record of Inform0an provided by client. Al buNding dimensions and floor elevations must be verified by client. I hereby certify that this surrey was prepared by me ar under my direct supervision, and chat I am a duly Registered Land Surveyor under the laws of the State of Minnesota. Surveyed by us this 1611 day of JUNE 20 10 Signed Milton E. Hyland, Minn. Reg. No. 20262 iHN'S OCARE 1 2 ME Teet S.E. j Forest Lake, MN 55025 1 651-775-4446 Date: June 21, 20,- Customer: Steve Ecker Project: Drainage and Sod Install 2023 Maintenance Proposal Service Description: • Remove existing foliage and cat tail plants and top layer of dirt • Dispose of waste off site • Replace top with black dirt for growing sod • Install in middle drain tile and rock bed • Sod area around both sides of drain field Service Duration: • 3 days approximately Service Cost: $23,550.00 Payment Terms: • balance upon completion. Thank you for your consideration of this proposal. I look forward to hearing from you. John Capetz roCare, Owner r '$ F17 d I , MOWING f TRIMMING FERTILIZING I DETHATCHING RAKING AERATING WINTERIZING J LEAF REMOVAL PLOWING I SHOVELING I SWEEPING I SALTING 8540 Quarles Road �0� Maple Grove, MN 55311 t i Phone:612-836-7808 VY Task Mafters Inrsdfmpc C=inctimm Da;o Build Eckert, Steve/Lori Phone:5078844870 Job Address: 1605 Widgen Centerville, MN Print Date: 7-7-2023 Proposal for Eckert/Twohy: SW01-DR02-PR02 ECKERT/TWOHY RESIDENCE: SW01-DR02-PR02 Attachments View All (1) eckert-twohy-center Items Description Qty/Unit Unit Price Price DEMO/DISPOSAL Demo and disposal of existing sod, plants, rip rap, soils and any other misc. 1 $13,910.00 $13,910.00 Demo/Disposal material necessary to begin work in area(s) as indicated plan work. FRENCH DRAIN WORK Install french drain w/a double run of 6" socked/perforated drain tle from end 1 $15,385.00 $15,385.00 Drain Basin/Tile Work of culvert spill area through drainage swale connecting to established french drain system. * Proposal is to tie new french drain system directly into existing system as is. Not responsible for existing french drain performance or lack thereof and any affects it may have on new french drain. Repairing, replacing or altering existing french drain system in any way not included in this proposal. SOILS/GRADEWORK Add a maximum of 90cy (truck measure) top soil, compact and set to final 1 $16,175,00 $16,175.00 Gradework grade. *amending saturated soils may result in additional demo/disposal and installation cost(s) not included in this proposal. SOD REPAIR Set final grade w/pulverized top soil and lay sod to establish turf area. 1 $6,566.00 $6,566.00 Sodding/Seed * Homeowner responsible for all watering and maintenance of sodded areas until city signs off project completion. Any retained fees not released by city to Task Masters may be may be applied to final bill. REPAIR WORK (addt'I) Rerouting, repair and/or maintenance of irrigation, dog fence, low voltage 1 $0.00 $0.00 Repair Work lighting, private utilities and fence panel removal/replacement is not included on this proposal. Any repairs made by Task Masters or by referred subcontractor(s) will be billed direct to client at time of project completion. Total Price: $52,036.00 NOTE: Homeowner responsible for all applications, permits and associated fees. ENCROACHMENT AGREEMENT AGREEMENT ("Agreement') was made this th day of July, 2023 by and between the CITY OF CENTERVILLE, a Minnesota municipal corporation ("City"), and Danielle M Twohy and Nicholas P Twohy, a married couple ("Landowners"). RECITALS A. Landowners owner in fee as tenant the real property situated in Anoka County, Minnesota, legally described as follows ("Subject Property"): PIN 923-31-22-33-0055 1615 Widgeon Circle LOT 2, BLOCK 2 HUNTERS CROSSING 2ND ADD B. Landowners desire to construct a French Drain/draintile within the side and rear yard setbacks within the city's right-of-way/drainage and utility easements. Landowner(s) seeks permission from the City to encroach in the City's right-of-way/drainage and utility easements depicted in Exhibit A. NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES AGREE AS FOLLOWS: 1. The City hereby grants Landowner(s) permission to encroach into the City's right-of-way/drainage and utility easements in their sides and rear yard to the extent indicated on the attached EXHIBIT "A". 1 2. Nothing in this Agreement shall be deemed an abandonment, vacation or waiver of the City's interest in the right-of-way/drainage and utility easement(s). 3. Landowners, for themselves, their heirs, successors and assigns, hereby agree to defend, indemnify and hold the City harmless from all costs and expenses, claims and liability, including attorney fees, relating to or arising out of the grant to Landowners permission to encroach into the City's sides and rear yard right of way/drainage and utility easement(s). Landowners further agree to indemnify and hold the City harmless from any damage caused to the Subject Property as a result of maintenance of the City's right of way/drainage and utility easement(s), including any damage to the French Drain/draintile within the sides and rear yard caused in whole or part by the encroachment into the City's sides and rear yard right of way/drainage and utility easement(s). 4. The City does not warrant title or guarantee the continuing right of Landowners to maintain the French Drain/draintile within the City's sides and rear yard right of way/drainage and utility easement(s). 5. Landowners may not replace the b French Drain/draintile in the City's sides and rear yard right of way/drainage and utility easement(s) if the French Drain/draintile is damaged more than fifty percent (50%) of its fair market value, as measured immediately prior to the damage. 6. The City may direct removal of the French Drain/draintile at the Landowners' sole cost and expense, upon thirty (30) days written notice if the City determines that the French Drain/draintile interferes with said use. City's use of easement(s) or it may cause upstream problems or property damages or property damage or if Landowner(s) has failed to comply with any City requirements associated with the encroachment. If the removal is not completed by Landowner within the time prescribed, the City may remove the encroachment(s) at 2 Landowner's expense and Landowner agrees that the City may collect the costs of such removal as a special assessment against the property. Landowner specifically waives the requirements for public hearings associated with any assessment. 7. This Agreement shall run with the land and shall be recorded against the title to the Subject Property. CITY OF CENTERVILLE By: D. Love, Mayor By: Teresa Bender, City Clerk PROPERTY OWNER By: Danielle M Twohy By: Nicholas P Twohy STATE OF MINNESOTA ) )ss. COUNTY OF ANOKA ) The foregoing instrument, having been duly adopted and approved by vote of the City Council of Centerville, Minnesota, at a meeting held the day of , 2023 was acknowledged before me this day of , by D. Love and Teresa Bender, Mayor and City Clerk, respectively, of the City of Centerville, a Minnesota municipal corporation. Notary Public 3 STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this th day of July, 2023, Danielle M Twohy and Nicholas P Twohy, a married couple ("Landowners"). DRAFTED BY CITY OF CENTERVILLE 1880 Main Street Centerville, MN 55038 Notary Public .19 i ro 8£04Smm'epinaaGuap'woiipuoaB-54941509E+.ww mf d k {ji1 30N3(11632i AHONW12i3A03 a a. . a r , I HY-LAND SURVEYING, P.A.© LAND SURVEYORS 919.0 Top of Block 918-7 Garage Floor 910.E Lowest Floor Type of Building - FULL BASEMENT WALKOUT N Wj'� E 11947 Idaho Ave. N. Champlin, Minnesota 55316 PHONE (763) 323-13CO FAX (763) 323-7035 by andsurvey*gwestoffice.net fururijors {aprfi NOTE: PROPERTY CORNERS SET EY DEVELOPERS SURVEYOR "AS BUILT ELEVATION" firatr 911.7 78.21 S88'36'51"E 91a.9 n a M _ rr 9osa 906.0 F DRAINAGE & UTILITY EASEMENT 91o.O 9aE.a 5I ` x908.7 x9o9.7 II5 91t.9 9D5.6 I I x919.1 II ',3.c �1 I Slab Ka I q,�o,-pM I alb I 91a.1 _ 90tt9.a I Slab 67 915. n, 91 a. 29.33 N 23. z 4 a I 13-955.4 I Z W I S EXISTING -917.1 I LA RESIDENCE me.3 a � 12.00 91 j 3 21.67_ �. I ` I PORCH } 916.4 1 icii `` 4 N 12.00 ttl.9 I 22.33 g 916.9 916.6 1 958.7y e- i918.4� I I I I I 1i A J I M; , 916.7 1 80.00 S89'27'37"E ars.s I l 914.60 915.a Concrete Curb 915.19 To To Ta Tc WIDGEON CIRCLE LOT 2, BLOCK 2, HUNTERS CROSSING 2ND ADDITION This survey is certified only to the above nomad person or persons and not to subsequent owners, mortgages a title insurers. The only easements shown are from plate of rtcord of Information provided by client Al buNding dimensions and floor elevations must be verified by client. I hereby certify that this survey was prepared by me or under my direct supervision, and that I am a duly Registered Land Surveyor under the laws of the State of Minnesota. Signed Surveyed by us this 1611 day of TUNE 20 10 INVOICE NO. 32141 F.B. NO. . xxx SCALE 1"= 30, O Denotes Iron Monument Found x000.0 Denotes Existing Elevation Milton E. Hyond, Minn. Reg. No. 20262