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2023-08-09 CC Packet
CITY OF CENTERVILLE CITY COUNCIL MEETING AGENDA Wednesday, August 9, 2023 6:30 p.m. Meeting Live Streamed at: https://northmetrotv.com/centerville-stream/ COUNCIL MEETING (6:30 PM) I. CALL TO ORDER 1. Roll Call II. PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA IV. APPOINTMENTS/PRESENTATIONS 1. Chief James Mork Î Centennial Lakes Police Department Annual Report V. PUBLIC HEARING 1. None VI. APPROVAL OF MINUTES 1. June 28, 2023 City Council Work Session & Meeting Minutes 2. July 12, 2023 City Council Meeting Minutes VII. CONSENT AGENDA 1. City of Centerville Claims through August 12, 2023 (Check #36089-36123), (2110E- 2114E) & (Voided Checks #36079, 35740 & 34764) 2. Centennial Lake Police Department Claims through August 3, 2023 (Check #14869- 14881), Payroll (Check #14867-14868) & (2023057E) 3. Centennial Fire District Claims through August 8, 2023 (Check #9542-9549) 4. Letter of Support Î Centerville Lake Water Quality Project 5. Water Tower Coating Inspection Contract 6. Purchase & Install a Park Bench in Eagle Park VIII. OLD BUSINESS 1. Capital Replacement Purchases for 2023 2. Backyard Drainage Project Policy 3. Backyard Drainage Projects a. Widgeon Circle Backyard Drainage i. City Participation ii. Encroachment Agreement iii. Assessment Agreement b. Oak Circle i. City Participation ii. Encroachment Agreement iii. Assessment Agreement IX. NEW BUSINESS 1. Centennial Fire District Proposed 2024 Budget 2. Ordinance #XXX Î Revising Chapter 91 Nuisances; Cannabis Use in Public 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 None REMINDERS All meetings begin at 6:30 PM unless otherwise noted and Via Zoom EDA Î Wednesday, August 16, 2023 City Council Î Monday, August 23, 2023 (5:00 Workshop/6:30 Mtg) Planning and Zoning Commission Î Tuesday, September 5, 2023 Parks and Recreation Committee Î Wednesday, September 6, 2023 CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: August 9, 2023 Public Safety IV.1 TITLE OF ISSUE: Centennial Lakes Police Department Annual Report BACKGROUND AND SUPPLEMENTAL INFORMATION: Chief Jim Mork will be on hand to present the police department's annual report and answer any questions the Council may have. COST AND SOURCE(S) OF FUNDING: N/A REQUESTED COUNCIL ACTION: No formal action required. For ClerkÓs Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ Vote Record: Aye Nay _____ Annual Report Other (specify) ____________ _____ _____ ___ _______________________________________________________________ _____ _____Ki _____ ____________________________________________________________________ Administration Department Use: Refer to: _________________________________ Consent Tabled Until: ______________________________ Regular Other: ___________________________________ CENTENNIALLAKESPOLICE DEPARTMENT 2022 Annual Report ȃȃȃȃ SERVING THE CITIES OF: TABLE OF CONTENTS - - - - SERVING WITH COURAGE AND COMPASSION 2 The Cities of Centerville, Circle Pines, and Lexington are suburban communities that are part of a metropolitan area that is conveniently located just north of Minneapolis/St. Paul. The quality of life for our citizens is exceptional. Our community offers affordable housing, a variety of recreational and open space opportunities, convenient shopping, as well as very responsive municipal services. There are excellent educational opportunities available for our residents through the Centennial School District and numerous quality colleges and universities within easy commuting distance. Our community affords the serenity, safety, and stability of small-town living yet we are close to the amenities of the big city. Citizens feel safe in their homes, neighborhoods, parks, and schools. They are also appreciative of the high quality of local safety services. Our three Cities have combined resources to create the Centennial Lakes Police Department, a unique joint governance law enforcement agency. We are comprised of 23 highly professional sworn and civilian personnel who are dedicated to delivering quality safety service to our citizens. Local fire protection and suppression service is provided by the Centennial Fire District and the Lexington Fire Department. These agencies combined with the Centennial Lakes Police Department and the Allina and MHealth Ambulance services provide an excellent emergency medical rapid response system. Our officers respond to all calls for service, enforce criminal and traffic laws, provide deterrent patrol, engage in proactive policing and problem-solving measures, and foster positive interactions with our citizens. It is the mission of the Centennial Lakes Police Department to enhance the quality of life for those living in our three Cities by providing highly professional and responsive safety service. We are dedicated to carrying out our mission with pride and professionalism. We value quality and integrity in police services and we are committed to continued safety and stability of Centerville, Circle Pines, and Lexington. We are also committed to organizational excellence and to fulfilling our motto of 3 It is my honor and privilege to present the 2022 Police work has often been described as a front row seat to the best show in town. While that may be true at times, the opposite is also true, that our officers have a front row seat to the worst events as well. With that in mind, we continue to focus on officer wellness. In 2021 our focus was on an officer's mental health, and while that focus continues, in 2022 we specifically focused on an officer's physical health. CLPD wants to do all we can to support healthy and emotionally fit officers, as we believe healthy officers will provide better services to our communities than unhealthy officers would. Whether it's providing mental health counseling services or making facilities and time available for officers to work out, we have officer wellness as a focal point of our department. We want to provide an environment where our officers can become mentally and physically strong and resilient. One of the biggest challenges for our department in 2022 was staffing. In the recent past, when an officer retired or left for a different position, we would receive 50-60 applications or more for the open position. Due to factors that portray our profession negatively, not nearly as many college students are choosing to go into law enforcement as a career, and as such, there are far fewer applicants to choose from. My commitment to our communities and to our department is that I will not lower our department standards just to get someone hired. We have remained very selective in our hiring practices and have hired some terrific new officers. I'm very proud of our officers and I hope you are, too. Don't hesitate to wave at our officers or engage them in conversation while they are out on patrol. We love getting to know our community better as we serve the cities of Centerville, Circle Pines, and Lexington with courage and compassion every day. As you take the time to read through this annual report, I hope you enjoy seeing some of the great work our officers are involved in. CLPD has a very strong commitment to provide the highest level of police services possible every single day. Feel free to contact me if you have any questions. Lastly, I'd like to thank all the women and men of the Centennial Lakes Police Department, the Police Governing Board, City Administrators, Citizens, and Business Community for their continued support and encouragement. Let's all continue to work together to make our cities in Anoka County the best places to live, work, and play! Serving with Courage and Compassion, James Mork 4 In 2023, I will be starting my 24th year at CLPD.My entire law enforcement career has been dedicated to this agency.I have continued to teach aspiring law enforcement students at Century College.Maintaining positive contacts with our citizenry, while navigating through the recruitment and retention of police officers, will Policing has changed drastically over the past 23 years.These changes have helped us police better and provide the necessary services to maintain positive community relationships. Through teaching, I have been able to share my experiences with, as well as learn from, many diverse cadets from the Minnesota State Patrol, DNR and Minneapolis PD cohorts. We hired three officers in 2022.During a time period of competitive hiring, low law enforcement recruit numbers, and troubling retention strategies, we are fortunate to maintain a great group of officers. having difficulty in filling their employee rosters.We hope we can maintain a great work Even though there is a globally negative perception on law enforcement, we as an agency remain positive, and the expectations of our officers remains paramount.Through our everyday interactions, we are encouraged that our citizens support our department and our officers. 5 -time Constable for Circle Pines. City Councilmen took turns providing policing duty at night. - formed. The Village of Circle Pines acquired an ambulance/squad car to patrol and to transport injured or ill residents the many miles to the nearest hospital. In 1954, Joseph Matzke became the first Lexington police officer. Officer Matzke was paid $10 per month to cover gas and other expenses, plus he received a portion of the fines assessed for infractions of ordinance. As early as 1965, a joint police force was discussed between Lexington and adopted by the two cities creating a combined police department. The police department was governed by a commission, rather than directly by the two city councils. Ronald Nicholas became the first Chief of the Circle Pines-Lexington Police Department. The department, consisting of four officers, was first housed in a portioned--time officers were later added to extend coverage. All officers shared one police patrol car, a 1973 Plymouth inherited from the City of Lexington. In 1978, the police department moved from the fire barn to an office in the shopping area of 9201 Lexington Avenue. In June of 1986, the department moved again, this time into the lower level of the new Circle Pines City Hall. In 1991, the Circle Pines-Lexington Police Department began providing contracted police protection to Centerville. In December of 1999, a Joint We take great pride Powers Agreement was completed, and on January 1, 2000, a tri-city in our entire enforcement and safety services to the cities of Centerville, Circle Pines, community, our and Lexington. department, and in our commitment to protect and serve the In 2006, a new police station was built on the corner of North Road and citizens of the cities Lake Drive in Circle Pines. Today the Centennial Lakes Police Department of Centerville, is comprised of 16 sworn officers and 6 civilians who are fully dedicated to Circle Pines, and providing quality service to our three cities. Exceptional personnel, a low Lexington. crime rate, public confidence in our ability and integrity, policies and practices in accord with national standards, and innovative problem-solving and outreach programs are just a few of our noteworthy accomplishments. 6 7 - 8 9 The City of Centerville is located in eastern Anoka County approximately 13 miles north of St. Paul. encompasses an area of 2.4 square miles. Centerville and Peltier Lakes provide the area with recreational opportunities for fishing and boating. Centerville is also the entrance for the Rice Creek Chain of Lakes County Park and Trail System. The park includes a beach, a boat launch, a large campground, a walking/biking trail, a playground, and facilities for family events and civic functions. The entire park is a popular destination for outdoor sports enthusiasts and families seeking a rural-like refugee from the big city. Centerville is a growing community with a business park and land available for future residential and retail development. The City is home to St. Church. The close-knit community hosts a number of very popular civic events throughout the year including fishing tournaments, running and bicycle races, ski shows, and the Fete des Lacs summer festival and parade. 10 The City of Circle Pines is located 15 miles north of Minneapolis and boarders the Cities of Blaine, Lino Lakes, Shoreview, and Lexington. Circle Pines is a predominately residential community of nearly 5,000 people. The 2 square miles of land area is fully developed. Lake Drive is a major thoroughfare through the City providing direct access to area freeways. Circle Pines is the only suburban city that operates its own natural gas distribution company a result of its cooperative history. The system serves all of Circle Pines and portions of the Cities of Blaine and Lino Lakes. Circle Pines also provides its own water and sewer utilities to its residents. Circle Pines is a great place to live, raise a family, do business, or just visit. In 2011 the City of Circle School District is highly regarded in the State of Minnesota providing area students with award winning academic and athletic programs and facilities. Circle Pines is a vibrant community with a diverse housing stock. A small but successful business community supports its primarily residential base. The City is home to a County branch library, area post office, many parks and open spaces, walking paths, several lakes, and a variety of recreational facilities. The City of Circle Pines boasts a comprehensive municipal service center and is dedicated to livability through quality services. 11 Located in the southeastern corner of Anoka County the City of Lexington is a small suburban community of nearly 3,000 residents. The very proud and tight-knit community is adjacent to the I-35W freeway providing easy access to virtually anywhere in the Minneapolis/St. Paul metropolitan area. Lexington is host to a variety of businesses, retail shops, restaurants, and several very popular entertainment venues. The Northway Shopping Center located along the central corridor of Lake Drive includes a grocery store that provides goods and services to a much larger area population base. Lexington Memorial Park is a popular venue for summer little league teams from throughout the region. Residents enjoy a variety of other recreational amenities associated with this very large park complex. The City of Lexington was incorporated as a village in 1950. Leo Ryan was a local civic leader who was instrumental in organizing the petition for the new village. Ryan suggested that the village be named Lexington in honor of his old army unit, the First Pioneer Infantry Regiment which was formed at the beginning of the Revolutionary War. That unit met the British in the Battle of Lexington. Various City themes and names now revolve around the Revolutionary War and Battle of Lexington, Minutemen Lane. The citizens of the City of Lexington are very proud of their history, heritage, and home town. 12 The investigations unit of the police department continues to be a proactive resource for the citizens of Centerville, Circle Pines, and Lexington.In 2022, the Investigations Unit reviewed hundreds of reports that were submitted by patrol officers, Anoka County Child Protection, the Minnesota Adult Abuse Reporting Center, and other agencies, along with information obtained from citizens and confidential informants during the course of their work. Our investigations unit relies on body worn camera footage resulting in prompt and successful resolution of cases. Duties of our applications, conducting background investigations for city employees and business licenses, managing digital evidence, processing physical evidence, forfeitures, filing cases with prosecutors, and preparing and serving search warrants. 13 The Records/Clerical Support Services Bureau provides essential assistance to Centennial Lakes Officers, administration, other criminal justice agencies and the citizens of Centerville, Circle Pines, and Lexington. The members of the Records/Clerical Support team take great pride in providing excellent customer service while offering assistance with accurate crime data information. Police Record Technicians are responsible for all aspects of document control, including copying, distribution, data entry and filing of police reports, records, and citations. In addition to maintaining police records, the support staff responds to various inquiries by phone, walk-in, email and direct mail from the public and other criminal justice agencies. 14 Our Community Service Officers (CSOs) engage in a wide variety of para-professional support duties, including investigating civil complaints and enforcing city ordnance code violations. voluntary compliance with property maintenance ordinances in all three of our Cities. The Community Service Officers also perform vehicle lock-outs, patrol our parks, respond to medical emergencies, conduct animal control duties, support the clerical staff, collect and transport abandoned property, and assist with traffic control at special events and accident scenes. They play an integral role in supporting and assisting our sworn officers and in maintaining the quality of life enjoyed by our citizens. 15 Serving in my role as a volunteer Police Chaplain, I am sanctioned to provide spiritual and practical guidance, counsel, and advice in support to the officers and staff of the Centennial Lakes Police Department. My role further entrusts that I assist when called upon to provide comfort, consolation, understanding, spiritual, and practical advice in the community to persons confronted with a Chaplain Joel Heckman traumatic crisis or death. Throughout the year I was privileged to ride along with newly licensed officers and attend many departmental roll calls and functions as the officers and staff carried out their duties. Several requests for assistance at traumatic scenes in the community were made by the officers at which I provided assistance when available. As chaplain and as a member of the Centennial Ministerial Group we prayed for the department officers, staff and families as I shared requests asking that they be granted divine wisdom, guidance, safety and protection in their service. In April I was called upon to assist at the memorial service of a former department civilian employee, and in December my wife and I were blessed to again have officers join us in our home on Christmas Eve for dinner. Knowing I would soon be relocating from the area, I attempted to assist the department in finding a replacement to serve in the role of volunteer chaplain. As of this report that has not proved fruitful. It has been an honor to serve this department and these communities throughout the past 11 years as chaplain and I commit to continue remembering them in prayer. Chaplain Joel Heckman 16 The Centennial Lakes Reserve Officer Unit is comprised of community members who volunteer their time to fulfill several roles around the Police Department.The Centennial Lakes Police Department is proud to have Reserve Officers willing to get involved in our communities. Reserve Officers are uniformed and provide valuable services.Police Reserves perform volunteer services and assist full-time officers protecting and serving our communities of Centerville, Circle Pines, and Lexington. Tasks performed are those permitted by law and authorized by the Police Chief. These tasks include patrolling neighborhoods and parks, controlling traffic and crowds at crashes and events, assisting officers with inventory of impounded vehicles, and securing crime scenes. Each Reserve Officer must successfully pass the department Field Training program. This training includes legal issues, radio usage, use of force, traffic control, and first aid. In 2022, the Reserve Unit volunteered many hoursof their time to the department. Twenty plus former Reserve Officers have gone on to careers in law enforcement. Some have remained with Centennial Lakes while others have been employed with other state, county, and local departments. The Reserve program coordinators are Sergeant Wahlberg and Detective Mannin. 17 Each year officers of the Centennial Lakes Police Department respond to nearly 600 medical emergencies across our three cities. Calls for help can range from a simple nose bleed to a cardiac arrest. All CLPD Officers are either certified Emergency Medical Responders, Emergency Medical Technicians (EMTs) or Paramedics.In addition, our squads are equipped with a wide array of life- saving equipment including automatic external defibrillators (AEDs), Narcan (anti-opioid overdose kits), oxygen, tourniquets, airways, and the revolutionary ResQPUMP System to assist in delivering check compressions during CPR. . In most cases our officers are the first to arrive on the scene of a medical emergency and are able to stabilize a situation until Fire/Rescue and/or an Ambulance Paramedic Unit arrives.CLPD Officers are the first essential link in the chain of critical care for the victims of injuries or illnesses. Early response and intervention have been shown to have a critical impact in a variety of medical emergencies. Fortunately, we are generally positioned to respond quickly when minutes can make the difference between life and death or at least minimize the long-term adverse impacts of a medical situation. Our officers provide medical aid that improves the prospects of a full recovery for countless victims of medical emergencies.We find that it is reassuring to our citizens to know that we are trained, equipped, and readily available to respond to any and all emergency medical situations. Many of our officers have been honored with life-saving awards and medals for everything from resuscitating the victims of heart attacks, to bringing back the victims of drug overdoses, to delivering babies.Even the victims of less critical situations can be reassured and comforted by the presence of a Police Officer/Medical First Responder. We are very proud to be an important component of our local emergency medical response system. The partnerships that we have established with other area EMS providers include our local Fire Departments and Allina and MHealth medical services.It is an exceptionally high-level partnership and service that assures our citizens of the very best in critical emergency medical response and care.It is also one more important example of where we are serving and protecting the citizens of Centerville, Circle Pines, and Lexington. 18 Centennial Lakes Police Officers consistently attend both mandatory and elective training throughout the year.This training includes: de-escalation tactics, implicit bias awareness, mental health and autism recognition, use of force, firearms/active shooter, and emergency vehicle operations.Through Daily Training Programs, officers revisit department policy, watch videos, conduct real-life scenarios, and discuss current events.The officers continue to work with the Centennial Fire District to fulfill required emergency medical training. 19 Officer Jacob ChamberlandOfficer Cole HenjumOfficer Rey Hernandez Part-Time Officer Officer Ashley KoivistoCorporal Jon Krueger Faheem Karim Officer Tyler SchroederOfficer Benjamin StepanOfficer Danielle Wressell 20 CLPD has continued to use our Social Media as a progressive outlet for the news, happenings, SOCIAL MEDIA and pulse of the department and community alike.Transparency is extremely important to FOLLOWERS us, and through the responses we receive during our postings reassures us that our citizens really appreciate our interaction. The number of followers we have generated on Facebook, Instagram, and Twitter continues to grow and helps keep us connected with our 8,300 citizens.The goal of the CLPD social media Facebook Followers. outlets is to let you know we care, we are here for you, and as always, we encourage you to call us if you need us. 1,200 Through a positive and informative approach, Twitter Followers. we hope to reach even more citizens in the years to come, and let followers know we live and work in a great community. The social media team includes: Sergeant 1,221 Wahlberg, Sergeant Goetzke, Detective Mannin, Instagram Followers. Officer Stepan and Kathy Honkomp.In the true and are proud to do this job 21 - The Centennial Lakes Police Department is one of many sites where unused prescription medications can be dropped off as part of the Anoka County Prescription Drug Drop-Off Program.This gives community members the opportunity to bring in unwanted or expired prescription medications to be disposed of in a way which is safer for the community and environment. This program continues to be extremely popular.The drop off station in our foyer was emptied several times throughout 2022. 204.25 pounds of medications were collected from Centennial Lakes Police Department and safely destroyed in 2022. 22 23 Members of the Centennial Lakes Police Department have the good fortune to participate in many community outreach events, ranging from Night to Unite, preschool visits, parades, 24 25 26 27 28 29 - 30 31 Circle Pines AgencyAgencyCentervilleLexingtonOut of Agency 2022 2020202120222022Area 2022 Totals TotalsTotalsTotalsTotals2022 Totals Totals Arson Assault Offenses Bribery Burglary Counterfeiting/Forgery Destruction/Damage/Vandalism Drug/Narcotic Violations Drug Equipment Violations Embezzlement Extortion/Blackmail Fraud Offenses Gambling Offenses Homicide Offenses Human Trafficking Offenses Kidnaping/Abduction Larceny-Theft Offenses Motor Vehicle Theft Pornography/Obscene Material Prostitution Offenses Robbery Sex Offenses Sex Offenses, Nonforcible Stolen Property Offenses Weapon Law Violations Animal Cruelty Group A Totals = 32 Circle Pines AgencyAgencyCentervilleLexingtonOut of Agency 2022 2020202120222022Area 2022 Totals TotalsTotalsTotalsTotals2022 Totals Totals Bad Checks Curfew/Loitering/Vagrancy Disorderly Conduct Driving Under the Influence Drunkenness Family Offenses, Nonviolent Liquor Law Violations Peeping Tom Trespass of Real Property All other Offenses Group B Totals = 33 #: 5)& /6.#&34 ckcc 34 35 Domestic Assault Domestic Escort Domestic Family/Partner Domestic Questions Harassment Restraining Order Violation Social Services Referral (Alexander House, Adult Protection and/or Child Protection) Total = 36 - 37 Complaints -Animals165133375541 Complaints Fraud/Scam13229121 Complaints Motor Vehicle2022886 Complaints MV Road Rage11100 Complaints -Noise9479232036 Complaints Ordinance Violation1634142215 Complaints -Snowmobile32200 Complaints All Other10268108 Total46932692127107 38 39 CENTENNIALLAKES POLICEDEPARTMENT ServingwithCourageandCompassion 54 North Road Circle Pines, MN 55014 Phone: 763-784-2501 Fax: 763-784-0082 Website: www.clpdmn.com Mail: mail@clpdmn.com 40 CITY OF CENTERVILLE CITY COUNCIL WORK SESSION AND MEETING JUNE 28, 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 June 28, 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 Approved PRESENT: Mayor D. Love Council Member Russ Koski (Arrived @ 5:01 p.m.) Council Member Darrin Mosher Council Member Steve King Council Member Taylor Junior Council Member Rowan Shaw (Non-Voting) ABSENT: City Administrator, Mark Statz City Attorney, Kurt Glaser STAFF: Assistant City Administrator, Athanasia Lewis Finance Director, Bruce DeJong II. ITEMS OF DISCUSSION 1. Preliminary 2024 Budget Discussion Finance Director DeJong reviewed the memorandum and preliminary budget contained in the packet with Council. He stated that rough estimates are that there will be an increase in General Fund expenditures of slightly over $275,000 with the majority of that being for public safety costs. Discussion ensued regarding the possibility of the funding formulation being modified for the police budget, anticipated employee wage and benefit increases, additional minimal increases in expenditures and revenue along with a tax levy increase of 2.34% ($68,470). It was stated that a portion the proposed public safety increase would be offset by a one-time state public safety grant of $171,000. Discussion also took place regarding the new Juneteenth holiday, upcoming union negotiations, interest rates and investments, and backyard drainage funding and budget implications. III. ADJOURNMENT Mayor Love closed the Work Session at 6:15 p.m. City of Centerville City Council Work Session Meeting Minutes June 28, 2023 COUNCIL MEETING I. 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 Taylor Junior Council Member Rowan Shaw (Non-Voting) ABSENT: City Administrator, Mark Statz STAFF: Assistant City Administrator, Athanasia Lewis City Attorney, Kurt Glaser II. PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA Mayor Love provided an opportunity for others to add or delete any items. Council Member Taylor requested that the agenda reflect Taylor rather than Lakso under X. Council/Administrator Announcements, 2. Council Reports, a. Motion by Council Member Mosher, seconded by Council Member King to Approve the Set Agenda as Amended. All in favor. Motion carried. IV. APPEARANCES/PRESENTATIONS 1. None V. PUBLIC HEARINGS 1. None VI. APPROVAL OF THE MINUTES 1. None VII. CONSENT AGENDA Page 2 of 6 City of Centerville City Council Work Session Meeting Minutes June 28, 2023 1. City of Centerville Claims through June 28, 2023 (Check #35989-36019) & (2092E-2097E) 2. Centennial Lake Police Department Claims through June 22, 2023 (Check #14817-14831), (E2023048), Payroll (Check #14815-14816) Mayor Love provided an opportunity for members to pull items for additional discussion. Motion by Council Member Taylor, seconded by Council Member Koski to Approve of the Consent Agenda as Presented. All in favor. Motion carried. VIII. OLD BUSINESS 1. None IX. NEW BUSINESS 1. Extension of Purchase Agreement Î 1737 Main Street Assistant City Administrator Lewis stated that the current Purchase Agreement was due to expire, along with the Planning & Zoning CommissionÓs request for an extension, according to state statute, to consider their submitted Preliminary Plat, Planned Unit Development & Site Plan Reviews due to architectural components lacking, along with environmental studies and grant potentials through Anoka County. In response to the CommissionÓs action, the applicants have requested an extension to complete their due diligence and continued work with the City to meet guidelines, etc. Attorney Glaser reviewed the First Amendment to the Purchase Agreement contained in the packet with Council. He stated that he believes the agreement is fair and allows for an extension through January 29, 2024. Discussion ensued regarding the possible loss of time during the period to market the property to others, the CityÓs willingness and showing good faith in attempting to accommodate their new businesses. Motion by Council Member Koski, seconded by Council Member King to Approve the Extension of the Purchase Agreement Î 1737 Main Street as Presented. Council Member King stated that he agreed with the intent but had concern for the potential period of time lost to market the property to others if F & M chose to back out of the purchase. He asked if Council could extend for a shorter period of time (three months) and then extend if needed at that point. Attorney Glaser stated that he felt that a three-month extension was not long enough to complete the architectural components that are lacking, environmental studies, etc. and they would be back to request another extension. He did state that it could be for a shorter period if Council desired. He also stated that the City is providing the developer with a gracious welcome and that it would only make sense that if the developer determined at any point that the project did not work, they would cancel the agreement. All in favor. Motion carried. 2. Interim Use Permit Î 7087 Centerville Road Page 3 of 6 City of Centerville City Council Work Session Meeting Minutes June 28, 2023 Assistant City Administrator Lewis stated that the Planning and Zoning Commission also held a public hearing for a request for a Planned Unit Development for an Interim Use Permit (IUP). She stated that a draft IUP was contained in CouncilÓs packet. She also stated that the IUP was for a period of five years with a current tenant (salon) signing a lease for that same period with it affording that through that period, the owner, Propel Investments, would be preparing for redevelopment of four contiguous parcels in the downtown area. Attorney Glaser drafted a memorandum and Interim Use Permit subsequent to the Commission meeting which was contained in CouncilÓs packet. He reviewed those documents with them and stated that an additional requirement was added following the meeting pertaining to the addition of screening/fence along the westerly property line/rear parking lot ensuring that individuals were not accessing the trail or vice versa. He stated the Building Official would be responsible for the approval of screening/fencing. Discussion ensued regarding a fence along the northerly property lines, adding costs to the property owner, not knowing if a problem is happening. Owner, Mr. Patrick Walsh addressed Council stating that there has not been a problem in the past in that area and that there were bushes/trees there. There was additional concern regarding the types of businesses that could operate in the location and Attorney Glaser reviewed that section of the IUP for Council and added that any business would need to be related to those services stated. Motion by Council Member Taylor, seconded by Council Member King to Approve the Planned Unit Development for an Interim Use Permit as Presented. All in favor. Motion carrieda. 3. Concrete Sidewalk Replacement, New Sidewalk, Recycling Pads Assistant City Administrator Lewis stated that the Public Works Director forwarded Requests for Proposals for sidewalk replacement, installation of a new sidewalk at Old Mill Court/Laramee Lane and recycling container pads at City Hall. She stated that subsequent to receiving two quotes, the Public Works DirectorÓs recommendation was to approve the quote from LÓAllier Concrete, Inc. ($57,315) with an additional 10% ($62,000) for contingencies. Discussion ensued regarding the large differences between the two quotes, quality of the product, uniformity in services provided, warranties, the ability to work with the contractor to ascertain direct specifications prior to entering into an agreement for services, inspection process, the possibility of a contractor bidding but truly not wanted the work and proper specification given by the Public Works Director. Motion by Council Member Koski, seconded by Council Member Taylor to Approve the Quote from LÓAllier Concrete, Inc. in an amount of $57,315 with an additional 10% for contingencies in an amount not to exceed $62,000. Discussion took place regarding if subsequent to completing the work, the work was determined to be substandard would the contractor be forced to fulfill its requirements. Attorney Glaser stated that performance standards are spelled out in a standard contract and they would have to fulfill those requirements and if not, they could be taken to court. All in favor. Motion carried. Page 4 of 6 City of Centerville City Council Work Session Meeting Minutes June 28, 2023 4. LMC City of Excellence Award for Junior Council Member Program Assistant City Administrator Lewis stated that at a recent League of MN Cities, Centerville was recognized for the Junior Council Member program. Mayor Love thanked staff for submitting the application for consideration and he thanked previous Jr. Council Member Danny Peterson and his parents along with Jr. Council Member Rowan Shaw and his mother for attending the award ceremony. It was reported that many cities desired to emulate the CityÓs program. Council Member Mosher thanked those that represented the City at the conference and Council Member King stated that he originally had reservations with regards to the program, but it has proven to be an excellent addition and provides a learning experience that can not be learned in school. Several Council Members concurred with the appreciation for staff submittal. Several Council Members thanked Mayor Love for his inception of the program. X. COUNCIL/ADMINISTRATOR ANNOUNCEMENTS 1. Administrator/Engineer Report Î Due to Administrator StatzÓs absence, Assistant City Administrator Lewis reviewed the AdministratorÓs Report that was in the packet with Council. Attorney Glaser congratulated the City for receiving the Award for the Junior Council Member Program. 2. Council Reports a. Taylor Î Parks & Recreation Î Council Member Taylor gave no report. b. Koski Î Planning & Zoning Commission Î Council Member Koski gave no report as he was absent. Fire Steering Committee Î Council Member Koski stated that the meeting is scheduled for July 20, 2023. c. King - Economic Development Authority Î Council Member King stated that there has developer interest with the LaLonde property possibly becoming available for development. He spoke about funding being placed in a Money Market Account with Midwest One. He also stated that the board has been prioritizing the recommendations associated from the outcome of the downtown study. Fire Steering Committee Î Council Member King gave no report. Fire Protection Council Î Council Member King gave no report. d. Mosher Î Economic Development Authority Î Council Member Mosher stated that a starting point would be put together focusing/prioritizing the Findings and Direction from the downtown study. Police Governing Board Î Council Member Mosher gave no report. Page 5 of 6 City of Centerville City Council Work Session Meeting Minutes June 28, 2023 e. Love Î Mayor Love stated that it was wonderful to be able to attend the recent League of MN Cities Annual Conference in Duluth providing opportunities to collaborate and share ideas with other cities. He stated that he highly encourages continued education for Council and staff. Council Member Koski thanked Mayor Love for mentoring and introducing him to many individuals at the conference. North Metro Telecommunications Commission Î Mayor Love reported that the 2022 audit was reviewed, accepted and he stated that the Commission is in a strong financial position. He reported that the staff has been working with the Minnesota Office of Broadband Development to identify areas of digital inequity in Minnesota through that process that new services could be provided to citizens, primarily senior citizens. He reported that the Commission is developing new commercial sources of income to supplement funding. He noted that it was determined that the Staff were being paid under current market rates through a recent study, that 2024 Budget was approved with potential for implications due to the hiring of a new Executive Director as Ms. Arnson would be retiring at the end of the year. Mayor Love stated the importance of supporting legislation for all digital medias requiring funding for cable commissions and the services they provide to the public and government. Police Governing Board Î Mayor Love gave no report. Other Mayoral Reports - Mayor Love gave no report. XI. ADJOURNMENT Motion by Council Member Koski, seconded by Council Member Taylor to Adjourn the Regularly Scheduled Council Meeting of June 28, 2023 at 7:35 p.m. All in favor. Motion carried. Respectfully submitted by City Clerk, Teresa Bender. Page 6 of 6 CITY OF CENTERVILLE CITY COUNCIL MEETING JULY 12, 2023 Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled City Council Meeting on July 12, 2023, in Council Chambers and the meeting was live streamed by North Metro TV at 6:30 p.m. COUNCIL MEETING I. CALL TO ORDER 1. Roll Call II. CALL TO ORDER Mayor Love called the meeting to order at 6:30 p.m. ROLL CALL Approved PRESENT: Mayor D. Love Council Member Russ Koski Council Member Darrin Mosher Council Member Raye Taylor Council Member Steve King Î arrived late Junior Council Member Rowan Shaw (Non-Voting) ABSENT: City Attorney, Kurt Glaser Assistant City Administrator, Athanasia Lewis STAFF: City Administrator, Mark Statz III. PLEDGE OF ALLEGIANCE IV. APPROVAL OF AGENDA Mayor Love provided an opportunity for others to add or delete any items. Administrator Statz added Consent Agenda, Item #1. City of Centerville claims through July 12, Check #36020 Î 36072 and electronic checks 2998E Î 2102E, Item #8. Step Increase Î Mr. James Huisenga, Item #9 Requested by ÐCenterville Lions FoundationÑ for approval to hold a separate raffle on Saturday (separate Tickets under ÐFoundationÑ to be Sold Friday & Saturday), and Item #10. Encroachment rd agreement for 1873 Î 73 Street for a fence. He stated that he wanted to remove an item under Old Business, Item #3 as the property owners have requested to seek an additional bid. Motion by Council Member Taylor, seconded by Council Member Koski to Approve the Agenda with the noted additions and 1 deletion, as Presented. All in favor. Motion carried. IV. APPOINTMENT/PRESENTATION 1. None. City of Centerville City Council Meeting Minutes July 12, 2023 V. PUBLIC HEARING 1.None VI. APPROVAL OF THE MINUTES 1.April 26, 2023, City Council Work Session & Meeting Minutes City Administrator Statz stated that staff noticed that the minutes refer that Ms. Tammy Omdal, Northland Securities, Inc., was present which is incorrect and that any reference to her appearance should be removed. Motion by Council Member Mosher, seconded by Council Member King to Approve the April 26, 2023, City Council Work Session and Meeting Minutes with the noted changes. All in favor. Motion carried. 2.May 10, 2023, City Council Meeting Minutes Mayor Love noted a change as to who opened the meeting being that he was absent. Motion by Council Member Koski, seconded by Council Member Taylor to Approve the May 10, 2023, Council Meeting Minutes with the noted change. All in favor. Motion carried. VII.CONSENT AGENDA 1.City of Centerville Claims through July 12, 2023 Î (Check #36020-36072) & (2098E-2102E) 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 Î Underground Drain Tile 6.Encroachment Agreement, 1805 Laramee Lane Î Boulder Type Retaining Wall 7.Parks & Recreation Committee Recommendation to Appoint Ms. Ashley Fuchs 8.Step Increase Î Mr. James Huisenga 9.Request by ÐCenterville Lions FoundationÑ for Approval to Hold a Separate Raffle on Saturday (Separate Tickets under ÐFoundationÑ to be Sold Friday & Saturday) rd 10.Encroachment Agreement, 1872 Î 73 Street Î Fence Mayor Love provided an opportunity for members to pull items for additional discussion. Mayor Love pulled Items #9 and #10. Motion by Council Member Mosher, seconded by Council Member Koski to Approve Consent Agenda Items #1-8 as Presented. All in favor. Motion carried. Mayor Love asked for clarity on Item #9 the Request by ÐCenterville Lions FoundationÑ for Approval to Hold a Separate Raffle on Saturday (Separate Tickets under ÐFoundationÑ to be Sold Friday & Saturday). Administrator Statz explained that the Lions in the last year formed a foundation, so they are a 501C3. He stated that they realized that they needed a separate permit to hold this raffle. This raffle was a late Page 2 of 5 City of Centerville City Council Meeting Minutes July 12, 2023 idea that they wanted to add to the festival. He stated that there would be raffle tickets sold on Friday and Saturday. Council Member Mosher stated that they are raffling off a radio flyer wagon full of alcohol. He stated that the Hugo Lions do this and it was found that a separate permit was needed to complete this. Mayor Love asked if this was something that they approved or was this separate. Administrator Statz stated that this is separate from the other Temporary On-Sale Liquor License as it is a separate entity. Motion by Council Member Koski, seconded by Council Member King to Approve Consent Agenda item # 9, as Presented. All in favor. Motion carried. Item# 10. Administrator Statz explained that this is a standard Encroachment Agreement for a fence to be rd placed in a drainage/utility easement for 1872 Î 73 Street. He stated that we allow them to do as long as drainage remains the same and access is not denied to the city or a public utility. Motion by Council Member King, seconded by Council Member Mosher to Approve Consent Agenda item # 10, as Presented. All in favor. Motion carried. Mayor Love asked for the pronunciation of the new Parks and Recreation Committee Member, Ashley Fuchs. Administrator Statz stated it rhymes with books. Mayor Love wanted to ensure that he was pronouncing her name accurately. VIII. OLD BUSINESS 1.Stormwater Utility Cost Share Program Administrator Statz stated that that this item was discussed at their previous meeting and tabled. He reviewed Res. #13-022 - Authorizing City participation in resolving private storm drainage problems. He stated that the city was very flat and the City receives many complaints regarding backyard drainage. He stated that the policy was set up to solve problems more global in nature, rather than a single homeowner. He stated that a property owner is experiencing a very wet backyard and that they want to install draintile and connect into the CityÓs storm drain in an easement of an abutting property owner. Essentially, they are doing public drainage work across the property lines. He stated why he felt that they would be a candidate for this program. He asked for CouncilÓs input on the program, potential for amending language or the creation of a new program. A lengthy discussion ensued as to a single property owner versus a group of property owner(s), costs incurred by the City and property owner(s), total amount of the grant that would be issued to the property owner by the city, a set limit of dollars in any calendar year and the interest rate that would be charged. Motion by Council Member Koski to increase the interest rate from 4.5% to 5% and to increase the maximum amount of $10,000 to $20,000 annually. Mayor Love called for a second two consecutive times and lacking any, the motion failed. Council Member Taylor stated that she a comment. She stated that she would like to have more data, would like to be proactive and not reactive, have a new resolution for stormwater, addresses future growth of storm water systems, survey of the properties for individuals for drainage problems, as well as programs that are available for natural nonconstructive intervention for drainage systems. Page 3 of 5 City of Centerville City Council Meeting Minutes July 12, 2023 Mayor Love called for additional motions three consecutive times and lacking any, no further motions were made on this item. 2.Oak Circle Project, Special Assessment Agreement Administrator Statz stated he wanted to clarify the term groups in the resolution. Mayor Love stated that the resolution specifically states groups. He stated that the applicants were not present this evening, but are requesting assistance for their drainage issues due to the inability to fix the drainage on their own property and would like to utilize infrastructure that is installed on an abutting property within an easement. He stated they stated that the drainage issue is not something they caused and thought maybe they met the intention of the policy with the exception that they are not a group. He asked if Council would deny their application due to language contained in the resolution. Mayor Love stated that the language in the resolution states that drainage problems often affect numerous properties and cannot be effectively resolved by any one property owner. Mayor Love stated that if this property affected several properties, he would be in favor of this. This would be abiding by the resolution. A lengthy discussion ensued. Motion by Council Member Taylor seconded by Council Member Mosher to table Oak Circle Project, Special Assessment Agreement. Mayor Love stated that he agreed with tabling the item, stated that there had been no groups that have requested assistance, this is the first time the policy is being utilized, if the homeowner could manage to impact additional residents it would be a group project and that the current policy states a ÐgroupÑ not individuals. He stated that he had a fear of utilizing tax dollars that would impact individual residences on a case-by-case basis or one at a time. All in favor. Motion carried. IX. NEW BUSINESS None X. COUNCIL/ADMINISTRATOR ANNOUNCEMENTS 1.Administrator/Engineer Report Î Administrator Statz stated that his report was contained in the packet and that he would answer any questions Council may have. He stated that with Fete des Lacs there is a large amount of activities going on in town. He stated that Amazon would be operational in mid- August, Max Storage is under construction and has the foundation in and walls up on the first building and the second building will be later. He mentioned the downtown development - Lalonde property, Block 7, and smaller developments. He stated that there already has been a micro medallion winner. He also mentioned that ÐHumble Roots BouquetÑ will be on KS95 tomorrow on KS95 with a special song written by them for their new business. Mayor Love stated that staff would place on the CityÓs social media avenues. Council Reports Page 4 of 5 City of Centerville City Council Meeting Minutes July 12, 2023 Junior Council Member Rowan stated that the AP test scores were released last week and if you took the test and are interested in your score, you can go and check them out. a.Taylor Î Parks & Recreation - Council Member Taylor gave no report. b. Koski Î Planning & Zoning Commission Î Council Member Koski stated that he was absent during the Planning & Zoning meeting. Administrator Statz reported that the Commission reviewed two site plans for Block 7. One being a townhome development similar to the previous proposal from Centra Homes by Lennar Homes and a proposed apartment building from Kennedy Property Development (37 unit, 3 story). He stated that these would be forwarded to Council for their next work session for discussion. He reported the the Commission also discussed no parking areas but allowing semi-trailer parking on the south side of Commerce Drive. He anticipated that the item would be forwarded to Council. Fire Steering Committee Î Council Member Koski gave no report. c. King Î Economic Development Authority Î Council Member King gave no report. Fire Steering Committee Î Council Member King gave no report. Parks & Recreation Committee Î Council Member King gave no report. Fire Protection Council Î Council Member King gave no report. d. Mosher Î Economic Development Authority Î Council Member Mosher gave no report. Police Governing Board Î Council Member Mosher gave no report. e. Love Î Mayor Love stated that Fete des Lacs was in full swing and he is looking forward to seeing everyone there. North Metro Telecommunications Commission Î Mayor Love gave no report. Police Governing Board Î Mayor Love gave no report. Other Mayoral Reports Î Mayor Love gave no report. XI. ADJOURNMENT Motion by Council Member Mosher, seconded by Council Member Taylor to Adjourn the Regularly Scheduled Council Meeting of June 14, 2023, at 7:58 p.m. All in favor. Motion carried. Respectfully submitted by City Clerk, Teresa Bender. Page 5 of 5 08/03/23 3:41 PM CITY OF CENTERVILLE Page 1 *Check Detail Register© Batch: 081223PAY,PSN CHARGES JULY,080323PAY2 Check #Check DateVendor NameAmountCommentInvoice 10100 MIDWESTONE BANK 08/04/23 2110 eIRS/EFTPS G 101-21701Federal Withholding$3,231.97FED W/H - PAY PERIOD 16 G 101-21703FICA Tax Withholding$5,649.44FICA/MED W/H - PAY PERIOD 16 Total $8,881.41 08/04/23 2111 eMINNESOTA DEPT OF REVENUE State Withholding$1,504.44STATE W/H - PAY PERIOD 16 G 101-21702 Total $1,504.44 08/04/23 2112 eOPTUM BANK - H.S.A. G 101-21714HSA Payable$1,446.12H.S.A W/H - PAY PERIOD 16 Total $1,446.12 08/04/23 2113 ePUBLIC EMPLOYEES RETIREMENT G 101-21704PERA$4,171.88PERA W/H - PAY PERIOD 16 Total $4,171.88 07/31/23 2114 ePSN E 601-49400-428ACH File Charge279859$214.84PSN CHARGES FOR ON LINE PYMTS FOR UT BILLS E 602-43200-428ACH File Charge279859$214.84PSN CHARGES FOR ON LINE PYMTS FOR UT BILLS E 101-42400-428ACH File Charge279860$254.99PSN CHARGES FOR PERMITS & FEES E 101-41400-428 ACH File Charge279861$11.50PSN CHARGES FOR MISC E 101-41400-428 ACH File Charge279862$16.65PSN CHARGES FOR 2022 SPECIAL ASSESS PAYOFF Total $712.82 08/09/23 36089ADVANCE POWER SERVICES, INC. E 101-42280-300Professional Srvs4586$465.00FULL INSPECTION/SERVICE BACKUP GENERATOR Total $465.00 08/09/23 36090AFLAC G 101-21712AFLAC Insurance501765$198.42JULY AFLAC PAYMENT Total $198.42 08/09/23 36091ANOKA COUNTY HISTORICAL SOCIETY E 101-41400-430Miscellaneous$500.00DONATION - RES.#23-016 Total $500.00 36092 08/09/23 ANOKA COUNTY PROPERTY RECORDS E 101-41400-356Document Recording Fees$46.00611235.003 - 7206 LAVALLE DR - RECORDING FEES E 101-41400-356Document Recording Fees$46.00611235.004 - 1810 FOX RUN - RECORDING FEES E 101-41400-356Document Recording Fees$46.002394920.001 - 1818 OLD MILL CT - RECORDING FEES E 101-41400-356Document Recording Fees$46.002394920.002 - 1872 73RD ST - RECORDING FEES E 101-41400-356Document Recording Fees$46.002394920.003 - 1805 LARAMEE LANE - RECORDING FEES Total $230.00 08/09/23 36093BURKE, PAUL G 101-11500Accounts Receivable$6.45REISSUE CK# 34764 LOST - 7060 GOIFFON RD - REFUND OVER PYMT ON FINAL UT BILL Total $6.45 08/03/23 3:41 PM CITY OF CENTERVILLE Page 2 *Check Detail Register© Batch: 081223PAY,PSN CHARGES JULY,080323PAY2 Check #Check DateVendor NameAmountCommentInvoice 36094 08/09/23 CENTENNIAL LAKES POLICE DEPT Professional Srvs$79,548.58POLICE SERVICES - AUGUST 2023 E 101-42110-300 Total $79,548.58 08/09/23 36095CITY OF CENTERVILLE - MASTERCA E 101-41400-322Postage$113.28POSTAGE E 101-41400-430Miscellaneous$15.99ZOOM ON GOING CHARGES E 101-42280-430Miscellaneous$74.96MULCH FOR CITY HALL E 101-42400-212Motor Fuels$211.51FUEL E 101-43000-210Operating Supplies$841.51OPERATING SUPPLIES E 101-43000-212Motor Fuels$1,566.43FUEL E 101-43000-321Telephone$34.25HOLSTER FOR CELL PHONE E 101-45201-371Music in the Park$16.98AUDIO CABLES E 101-45201-3735/8k Run/Walk$879.00FRONT RUNNER SCREEN PRINTING E 101-50000-490Community Event$375.00USA FLAGS STICKS E 101-45202-210Operating Supplies$432.52FOLDING TABLES E 601-49400-322Postage$156.74POSTAGE FOR WATER SAMPLES & 1ST CLASS BLK PERMIT #20 E 602-43200-322Postage$103.33 1ST CLASS BLK PERMIT #20 E 101-42400-441Conf. & Schooling$65.00CONTINUING ED - D. SCHMITZ Total $4,886.50 08/09/23 36096CITY OF CIRCLE PINES E 302-47000-600Debt Srv Principal (GENE710$7,662.80ANNUAL PYMT GENERAL OBLIG. CAPITAL NOTES, SERIES, 2016A Total $7,662.80 08/09/23 36097CITY OF ST. PAUL E 101-43140-220Repair/Maint SupplyIN54732$182.68ASHPALT Total $182.68 08/09/23 36098CONNEXUS ENERGY E 101-43000-380Utilities$447.972085 W CEDAR ST - P.W. - SERV THRU 7-26-23 Total $447.97 08/09/23 36099EAGLE GARAGE DOOR COMPANY E 101-43000-300Professional Srvs8983$390.00REPAIRS TO DOOR 6 AT P.W. Total $390.00 36100 08/09/23 GENERAL REPAIR SERVICE E 602-43200-300Professional Srvs80584$2,530.44SANITARY SEWER REPAIRS Total $2,530.44 08/09/23 36101GOPHER STATE ONE CALL INC E 601-49400-300Professional Srvs3050280$34.42SERV THRU MAY 2023 & SHORTAGE $1.35 E 602-43200-300Professional Srvs3050280$34.43SERV THRU MAY 2023 & SHORTAGE $1.35 E 601-49400-300 Professional Srvs3070280$30.07SERV THRU JULY 2023 E 602-43200-300 Professional Srvs3070280$30.08SERV THRU JULY 2023 Total $129.00 08/09/23 36102HAWKINS, INC. E 601-49400-216Chemicals and Chem Pro6533549$1,636.64CHEMICALS Total $1,636.64 08/09/23 36103HITCH - IT, INC. E 101-43000-404Repairs/Maint Machinery/4679$120.00REPACEMENT CK#35740 FOR INV #4679 - ORIGINAL CK WAS LOST 08/03/23 3:41 PM CITY OF CENTERVILLE Page 3 *Check Detail Register© Batch: 081223PAY,PSN CHARGES JULY,080323PAY2 Check #Check DateVendor NameAmountCommentInvoice Total $120.00 08/09/23 36104HUGO FEED MILL & ELEVATOR CO. E 603-43000-210Operating Supplies$21.98MORTAR MIX E 101-43000-220Repair/Maint Supply$15.60FASTNERS Total $37.58 08/09/23 36105INNOVATIVE OFFICE SOLUTIONS LL Office Supplies (GENERAIN4272302$773.73OFFICE SUPPLIES E 101-41400-200 Total $773.73 08/09/23 36106LINCOLN NATIONAL LIFE INSURANC G 101-21721Long Term Disability Ins.2029$383.94REPLACEMENT CK - LOST CHECK - MAY PYMT G 101-21721 Long Term Disability Ins.2029$383.94REPLACEMENT CK - LONG TERM DIS. INS. Total $767.88 08/09/23 36107LRS PORTABLES OF MINNESOTA E 101-45202-410Rentals (GENERAL)MP230123$917.00PORTABLE BATHROOMS - SERV THRU JULY 2023 E 101-50000-490Community EventMP230123$2,900.00PORTABLE BATHROOMS & WASH STATIONS - FETE DES LACS Total $3,817.00 08/09/23 36108MET LIFE INSURANCE CO. G 101-21716Dental Insurance$260.00DENTAL INS Total $260.00 08/09/23 36109MET. COUNCIL ENV. SERV. (SDS) E 602-43200-440MWCC Charges0001160594$22,585.22AUGUST 2023 WASTE WATER SERVICES Total $22,585.22 08/09/23 36110NATIONWIDE RETIREMENT SOLUTION G 101-21705Other Retirement$1,250.00DEF COMP - PAY PERIOD 16 Total $1,250.00 08/09/23 NYKANEN INSPECTIONS LLC 36111 E 101-42403-300Professional Srvs$293.60JULY 2023 ELECTRICAL INSPECTIONS Total $293.60 08/09/23 36112R.J.S PROPERTY MAINTENANCE E 101-45202-650Lawn Mowing36115$454.00EXTRA ROUND TRIMMING & WEED SPRAYING E 101-43000-650 Lawn Mowing36147$1,914.36LAWN SERVICES THRU JULY 2023 E 101-42280-650 Lawn Mowing36147$361.06LAWN SERVICES THRU JULY 2023 E 101-45202-650Lawn Mowing36147$4,901.58LAWN SERVICES THRU JULY 2023 Total $7,631.00 08/09/23 36113REHBEIN PROPERTIES G 401-24510Other Escrow$5,000.00REHBEIN INDUSTRIAL - PARTIAL ESCROW RELEASE Total $5,000.00 08/09/23 36114REPUBLIC SERVICES, INC. E 604-43230-300Professional Srvs0899-004253$20,137.79GARBAGE SERVICES THRU JULY 2023 E 605-45350-300Professional Srvs0899-004253$6,378.76RECYCLING SERVICES THRU JULY 2023 E 605-45350-300Professional Srvs3-0899-00984$5,648.57CLEAN UP DAY - RECYCLING SERVICES Total $32,165.12 36115 08/09/23 RITEWAY BUSINESS FORMS & DIGIT 08/03/23 3:41 PM CITY OF CENTERVILLE Page 4 *Check Detail Register© Batch: 081223PAY,PSN CHARGES JULY,080323PAY2 Check #Check DateVendor NameAmountCommentInvoice E 101-41400-200Office Supplies (GENERA23-031998$235.15BLUE LASER ACCT. PAY CHECKS Total $235.15 08/09/23 36116RUNNING VENTURES E 101-45201-3735/8k Run/WalkRV150723$2,028.735/8K FETE DES LACS RUN- 7-15-23 Total $2,028.73 08/09/23 36117SAFEGUARD SECURITY Professional Srvs59256$59.95CITY HALL - MONTHLY ALARM MONITORING & E 101-42280-300 SERVICE PLAN Total $59.95 08/09/23 36118STANTEC CONSULTING SERVICES IN E 101-41950-303Engineering Fees2110189$116.25GENERAL - SERV THRU 6-30-23 E 101-41910-303Engineering Fees2110189$130.25P & Z - SERV THRU 6-30-23 E 401-41950-303Engineering Fees2110189$432.50REHBEIN COMMERCIAL - SERV THRU 6-30-23 E 401-41950-303Engineering Fees2110189$533.00REHBEIN INDUSTRIAL - SERV THRU 6-30-23 E 401-41950-303 Engineering Fees2110189$187.00SUTTON TRANSPORT - SERV THRU 6-30-23 E 401-41950-303 Engineering Fees2110189$828.75GUYS & DOLLS PUD - SERV THRU 6-30-23 E 101-41950-303 Engineering Fees2110190$1,832.002022 THIN OVERLAY & PARKING LOT IMPROV - SERV THRU 6-30-23 Total $4,059.75 08/09/23 36119STUTTGEN, BRYAN - RHONDA G 401-24510Other Escrow$10,500.0020-099 - 1825 MAIN ST - ESCROW RELEASE Total $10,500.00 36120 08/09/23 TJB REMODELING, LLC G 401-24510Other Escrow$3,000.0022-081 1937 EAGLE TRL - ESCROW RELEASE Total $3,000.00 08/09/23 36121TRI-STATE BOBCAT, INC. E 409-43000-500Capital Outlay (GENERALA23949$3,400.00PROTECTION PLUS BOBCAT WARRANTY Total $3,400.00 08/09/23 36122ULINE E 101-43000-210Operating Supplies165907584$228.71RUST-OLEUM PAINT WHITE & ADDITIVE Total $228.71 08/09/12 36123RYAN COMPANIES US, INC. G 401-24510Other Escrow$210.00VARIANCE ESCROW RELEASE LESS EXPENSES - AMAZON Total $210.00 $213,954.57 10100 MIDWESTONE BANK 08/03/23 3:41 PM CITY OF CENTERVILLE Page 5 *Check Detail Register© Batch: 081223PAY,PSN CHARGES JULY,080323PAY2 Check #Check DateVendor NameAmountInvoiceComment Fund Summary 10100 MIDWESTONE BANK 101 General Fund$122,442.37 302 G.O. 2016A CAPITAL NOTES$7,662.80 401 Escrow/Legal/Engineering$20,691.25 409 CAPITAL EQUIPMENT REPLACEMENT$3,400.00 601 Water Fund$2,072.71 602 Sewer Fund$25,498.34 603 Storm Water Fund$21.98 604 GARBAGE$20,137.79 605 RECYCLE SERVICE$12,027.33 $213,954.57 CENTENNIAL LAKES POLICE DEPTCheck Register - POLICEPage: 1 Check Issue Dates: 7/21/2023 - 8/3/2023Aug 03, 2023 02:45PM Report Criteria: Report type: Summary Check NumberCheck Issue DatePayeeAmount 1486908/03/2023AID ELECTRIC CORPORATION214.15 1487008/03/2023ANOKA CO TREASURY OFFICE75.00 1487108/03/2023ASPEN MILLS, INC1,232.99 1487208/03/2023DAKOTA CO FINANCIAL SERVICES693.00 1487308/03/2023EMERGENCY CONTRACTORS815.00 1487408/03/2023GEORGE'S INC600.00 1487508/03/2023IKE'S PLUMBING & DRAIN CLEANIN, INC150.00 1487608/03/2023Marie Ridgeway LICSW, LLC480.00 1487708/03/2023O'REILLY AUTOMOTIVE, INC7.54 1487808/03/2023SHRED-N-GO, INC181.78 1487908/03/2023The Home Depot Pro949.47 1488008/03/2023TRANSUNION RISK & ALTERNATIVE75.00 1488108/03/2023VERIZON WIRELESS1,113.05 202305708/03/2023US Bank Credit Card244.50 Grand Totals: 6,831.48 Payroll Checks #14867-14868 M = Manual Check, V = Void Check CENTENNIAL LAKES POLICE DEPTPolice Disbursements ReportPage: 1 Input Dates: 7/21/2023 - 8/3/2023Aug 03, 2023 02:46PM NameInvoiceDescriptionInvoice DateTotal Cost AID ELECTRIC CORPORATION (105) AID ELECTRIC CO75065Add 4-Lamp Ballast to Janitor Closet to Repair Light07/27/2023214.15 Total AID ELECTRIC CORPORATION (105):214.15 ANOKA CO TREASURY OFFICE (116) ANOKA CO TREASB230714DJul Broadband (CAC Fiber)07/27/202375.00 Total ANOKA CO TREASURY OFFICE (116):75.00 ASPEN MILLS, INC (124) ASPEN MILLS, INC315748Survival Armor Raid Vest -KM07/27/2023269.00 ASPEN MILLS, INC317002Body armor, trauma plate, curved shoulder straps, vest - IS07/27/2023963.99 Total ASPEN MILLS, INC (124):1,232.99 DAKOTA CO FINANCIAL SERVICES (175) DAKOTA CO FINAN55006432023 CJN eBriefing fee07/27/2023693.00 Total DAKOTA CO FINANCIAL SERVICES (175):693.00 EMERGENCY CONTRACTORS (196) EMERGENCY CON1667Aug Monthly Services08/03/2023815.00 Total EMERGENCY CONTRACTORS (196):815.00 GEORGE'S INC (210) GEORGE'S INC2388'20 Explorer Oil and filter change07/27/202340.00 GEORGE'S INC2389'16 Explorer #216 Oil & Filter Change/Mount, balance and dis07/27/2023110.00 GEORGE'S INC2401'18 Explorer #218 Mount, balance and disposal of 2 tires/Oil a07/27/2023110.00 GEORGE'S INC2412'11 Taurus Oil and filter change07/27/202340.00 GEORGE'S INC2423'16 Taurus Oil and filter change07/27/202340.00 GEORGE'S INC2432'20 Explorer#201 Oil Change07/27/202340.00 GEORGE'S INC2438'21 Explorer #221 Oil & filter change, Mount, balance and disp08/03/2023180.00 GEORGE'S INC2439'20 Explorer#201 Engine Splash Guard Repair08/03/202340.00 Total GEORGE'S INC (210):600.00 IKE'S PLUMBING & DRAIN CLEANIN, INC (228) IKE'S PLUMBING & 23514Unclog kitchen sink drain07/27/2023150.00 Total IKE'S PLUMBING & DRAIN CLEANIN, INC (228):150.00 Marie Ridgeway LICSW, LLC (272) Marie Ridgeway LIC2312THERAPY SESSION 7/1/23 - qty 308/03/2023480.00 Total Marie Ridgeway LICSW, LLC (272):480.00 O'REILLY AUTOMOTIVE, INC (314) O'REILLY AUTOMO3472-274379MINI BULB07/27/20237.54 Total O'REILLY AUTOMOTIVE, INC (314):7.54 CENTENNIAL LAKES POLICE DEPTPolice Disbursements ReportPage: 2 Input Dates: 7/21/2023 - 8/3/2023Aug 03, 2023 02:46PM NameInvoiceDescriptionInvoice DateTotal Cost SHRED-N-GO, INC (348) SHRED-N-GO, INC153934Jul Shredding Service08/03/2023181.78 Total SHRED-N-GO, INC (348):181.78 The Home Depot Pro (374) The Home Depot Pr755725819Paper Towels, White Roll Towel, Bathroom Tissue, Can Liners08/03/2023949.47 Total The Home Depot Pro (374):949.47 TRANSUNION RISK & ALTERNATIVE (380) TRANSUNION RIS202307-1Jul Investigative Expenses08/03/202375.00 Total TRANSUNION RISK & ALTERNATIVE (380):75.00 US Bank Credit Card (386) US Bank Credit Car080323Works wash-June 2308/03/2023137.50 US Bank Credit Car080323Mission Darkness Window Faraday Bag for Phone & Non-Win08/03/2023107.00 Total US Bank Credit Card (386):244.50 VERIZON WIRELESS (391) VERIZON WIRELE9940360587Jul Cell Phones08/03/2023657.92 VERIZON WIRELE9940360587Jul Squad Laptop Data08/03/2023455.13 Total VERIZON WIRELESS (391):1,113.05 Grand Totals: 6,831.48 Report GL Period Summary Vendor number hash:0 Vendor number hash - split:0 Total number of invoices:0 Total number of transactions:0 CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: August 09, 2023 Administration VII.4 TITLE OF ISSUE: Letter of Support for a Grant Application to Assist with Clean Up of Centerville Lake BACKGROUND AND SUPPLEMENTAL INFORMATION: The City has been asked to provide a letter of support for a project to clean up Centerville Lake. The letter will be used to support a grant application which is being put forward by the watershed district, in cooperation with the lake homeowners association and the Anoka Conservation District. The letter does not commit us to any funding. COST AND SOURCE(S) OF FUNDING: TBD REQUESTED COUNCIL ACTION: Motion to approve a letter of support from the city for clean up of Centerville Lake. For ClerkÓs Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ Vote Record: Aye Nay _____ Letter Other (specify) ____________ _____ _____ ___ _______________________________________________________________ _____ _____Ki _____ ____________________________________________________________________ Administration Department Use: Refer to: _________________________________ Consent Tabled Until: ______________________________ Regular Other: ___________________________________ August 09, 2023 Re: Letter of Support for Cleanup of Centerville Lake Dear Rice Creek Watershed District, The City of Centerville is very supportive of projects to improve water clarity on Centerville Lake. City staff and residents have observed a decline in water clarity in recent years. Algae blooms are common and occasionally severe. Residents have regularly contacted the City expressing concern, and urging action. The City of Centerville views Centerville Lake as an important resource, not just for city residents and riparian landowners, but for the entire north metro region. The City has completed many stormwater management projects in recent years, to the point where limited opportunities for stormwater management remain. We understand that internal phosphorus loading is a major contributor to algae blooms. The City is very supportive of projects that address this non-regulated source of phosphorus. The City is poised to support a project that enhances one of our greatest community amenities . Sincerely, Mark Statz City Administrator CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: August 9, 2023 Public Works/Engineering VII.4 TITLE OF ISSUE: Water Tower Coating Inspection Contract BACKGROUND AND SUPPLEMENTAL INFORMATION: In 2019, the City contracted with KLM Engineering to have the city's water tower inspected. Specifically, the KLM inspection and report focused on the tower's coating system (it's paint job). The report generally found the tower's coatings to be in good condition and recommended a 5-year re-inspection. Given that we recently found some issues with our coating system which required repair, we felt moving the re-inspection up a year was prudent. The inspection will examine the strength of the coating system and its viability for an overcoating project as opposed to a complete reconditioning (strip off the old paint, and re-prime/re-paint). Another goal of the report will be to estimate the cost and timing of the recommended recoat. This will help us budget for the project and make decisions surrounding changes to the city's logo. COST AND SOURCE(S) OF FUNDING: $3,200 Water Utility REQUESTED COUNCIL ACTION: Motion to execute the attached contract with KLM Engineering to perform an inspection of the City's Water Tower, and produce the associated report. For ClerkÓs Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ X Vote Record: Aye Nay _____ Other (specify) ____________ _____ _____ ___ _______________________________________________________________ _____ _____Ki _____ ____________________________________________________________________ Administration Department Use: Refer to: _________________________________ Consent Tabled Until: ______________________________ Regular Other: ___________________________________ August 2, 2023 {ĻƓƷ ǝźğ 9ƒğźƌ hƓƌǤ Mr. Mark Statz City Administrator-Engineer City of Centerville 1880 Main Street Centerville, MN 55308 RE: 500,000-ower No. 1 Centerville, Minnesota Dear Mr. Statz: KLM is pleased to submit this proposal for theremote operated vehicle (ROV) Evaluation of the above- referenced waterstorage tank. KLM Engineering provides NACE and AWS trained inspectors, certified in competent climbing, having experience and working knowledge of the Occupational Safety and Health Standards (OSHA), American Water Works Association (AWWA), American Concrete Industry (ACI) and State Regulations. KLM Engineering provides evaluation reports that are reviewed by an engineer who has authored the DOCUMENTATION KLM will provide the Owner with an evaluation report, which will provide the following benefits: 1.Clearly stating the actual condition of the reservoir. 2.For coated reservoirs, provide a life expectancy estimate of the coatings and/or an estimated timeline for coating replacement. 3.Identify structure deficiencies and recommended repairs to bring the reservoir into compliance with ACI, AWWA and OSHA requirements. 4.Provide a schedule for performing recommended maintenance work. 5.Provide a Cost Estimate for all structure repairs and coating replacement. 6.Identify the quantity of sediment and recommend a timeline for cleanout, if warranted. 7.Include color photographs identifying current conditions and any required repairs. 8.Recommend a timeline for future evaluations. The evaluation report will be provided to the Cityin digital format (Pdf). After which, KLM will contact Cityto discuss the reportand answer any questions. Copyright 2023by KLM Engineering, Inc.Page 1of 8 Centerville, MN.50MG Tower No. 1 ROV Evaluation SCOPE OF WORK ROV Evaluation KLM plans to utilize a two-man crew and a remote operated vehicle (ROV) to perform the evaluation. This evaluation method can be performed in one day. KLM will provide inspectors who are properly trained and qualified to perform this type of evaluation. KLM inspectors will place a disinfected ROV and tether into the reservoir for the interior evaluation of the roof, walls, partition walls, floor, piping and valves. Photos will be taken with an underwater camera, which will show the structure conditions and quantity of sediment. The interior of the inlet pipe is excluded from the evaluation, unless otherwise written into this Agreement. Exterior and Interior Evaluation The exterior and interior evaluation is critical to the evaluation to determine whether there are any structuredeficiencies and OSHA compliance. The exterior will be inspected from all areas accessible without rigging, unless otherwise written into this Agreement. Coating conditions of both the interior and exterior piping and reservoir coatings, when applicable, will be examined using dry film thickness (DFT) and standard ASTM tests. Interior and Exterior: Roof structure (size and style).Safety considerations. Vents (size and style).Drains. Roof manways (size and style).Floor condition. Ventilation manways (size and style).Pitting on piping. Overflow weir and pipe (size and style).Ladders, cages, platforms and handrails. Base pad condition, including Flexcelland Support column (size and style). grout. Capacity level and head range. Screens on vents and overflows. Inlet/outlet pipe. Overflow air breaks, splash pads and Mud ring. drainage. Site dimensions. Safety devices. Copyright 2023by KLM Engineering, Inc.Page 2of 8 Centerville, MN.50MG Tower No. 1 ROV Evaluation personnel shall also be responsible for: Set the water at, or near, the high-water operating level. Cease the water inlet and outlet operation during the ROV inspection. Taking and testing water samples, as required. Providing information on the reservoir,including maintenance records, construction drawings, previous evaluation reports and previous painting or reconditioning specifications. This information is most useful if obtained prior to the reservoir inspection and evaluation. FEES The fee for the above-referenced scope of work is$3,200.00 The fee for lead and chromium collection and testing is an additional $500.00, if requested. The fee for gasket installation on state-required wet access manway is $100.00. It is the responsibility of the Owner to make sure that the tank is prepared for the evaluation per the schedule agreed to in advance by both parties. In the event KLM arrives on site and the tank is not ready, a second day will be charged as additional time and materials. Should the tank be deemed unsafe by our inspectors, we reserve the right to revise the proposal to include necessary equipment and measures to ensure safe access to complete the scope of work. Said revised proposal would be subject to Owner approval TERMS AND CONDITIONS KLM has attached our standard Terms and Conditions. The Terms and Conditions are part of this Agreementbetween the City of Centerville andKLM Engineering, Inc. unless otherwise agreed to in writing by bothparties. Fees are subject to changeif proposed work exceeds twelve (12) months from the date of this proposal. ADDITIONAL INFORMATION www.klmengineering.com Copyright 2023by KLM Engineering, Inc.Page 3of 8 Centerville, MN.50MG Tower No. 1 ROV Evaluation AGREEMENT This proposal is valid for sixty (60) days from the date of this proposal. If the City of Centerville finds this proposal acceptable, please sign and return itby mail, fax or email. By signing and returning this signature page only, you agree to the terms of the entire proposal document submitted. When KLM receives the signed proposal, we will contact the Cityto coordinate an evaluation date. Upon delivery of the report to the City, an invoicewill be submitted according to the terms of this Agreement. This Agreement, between the Cityof Centerville of Centerville, Minnesota andKLM Engineering, Inc. of Woodbury, Minnesota is accepted by: CITYOF CENTERVILLE KLM ENGINEERING, INC. 1880 Main Street1976 Wooddale Drive, Suite 4 Centerville, MN 55038Woodbury, MN 55125 SignatureSignature Dan Popehn NameName Director of Business Development TitleTitle August 2, 2023 DateDate We look forward to working with you. Sincerely, KLM ENGINEERING, INC. Dan Popehn Director of Business Development 1976 Wooddale Drive, Suite 4 Woodbury, MN 55125 Cell: 612-743-3102 Email: dpopehn@klmengineering.com Attachment: KLM Terms and Conditions Rev 2023.04.07 Copyright 2023by KLM Engineering, Inc.Page 4of 8 Centerville, MN.50MG Tower No. 1 ROV Evaluation KLM ENGINEERING, INC. (KLM) TERMS AND CONDITIONS 1.AGREEMENT. The agreement between the parties when entered by the parties shall include the applicable referenced agreement documents (i.e., KLM proposal/Agreement) and shallinclude these agreement inwriting. 2.ADDITIONAL SERVICES. Additional work or services shall not be performed without a KLM executed change order or purchase order outlining the scope of additional work orservices. 3.KLM CLIENT RESPONSIBILITIES. The KLM Client shall fully disclose to KLM its knowledge of the condition of the project structure(s), its past and present contents and shall provide KLM with full information regarding the requirements for the project; shall designate an individual to act on the KLM ite. When reasonably requested by KLM, the KLM Client shall furnish the services of other consultants including, but not limited to engineers and insurance representatives. The KLM Client shall test for pollution and hazardous materials when required by law or as requested by KLM. The KLM Client shall provide KLM with all necessary permits and otherauthorizations. 4.SAFETY. KLM shall be responsible for the safety of KLM personnel at the project site. The KLM Client or other persons shall be responsible forthe safety of all other persons at the project site. The KLM Client shall inform KLM of any known or suspected hazardous materials or unsafe conditions at the project site. If, during the course of the KLM services, such materials, or conditions are discovered at the project site, KLM reserves the right to take measures to protect KLM personnel and equipment or to immediately terminate KLM services. The KLM Client agrees to be responsible for, and agrees to pay, any such additional protection costs. Upon such discovery by KLM, KLM agrees to use commercially reasonable efforts to notify the KLM Client in writing, of hazardous materials or unsafe conditions regarding the projectsite. 5.HAZARDOUS MATERIALS. Unless otherwise agreed to in the scope of work withthe KLM Client, KLM has no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials at the project site. To the full extent permitted by the law, the KLM Client shall defend, indemnify, andhold harmless KLM, its employees and representatives from all claims, including costs and attorney fees, arising out of the presence of hazardous materials or exposure to the same on the jobsite. 6.SITE ACCESS AND RESTORATION. The KLM Client will provide KLM and its representatives with safe and legal project site access. It is understood by the KLM Client that in the normal course of KLM providing its services and work, some nominal damage to the project site may occur. KLM agrees to take reasonable commercial precautions to minimize such damage, if any. Restoration of the project site, if any, is the responsibility of the KLM Client, unless otherwise agreed to in writing in the scope of work. 7.KLM LIMITED WARRANTY AND DISCLAIMER. KLM will perform services consistent with the standard of care and skill normally performed by other like firms in the industry and profession at the time of this service and in the geographic area oftheproject.EXCEPT ASEXPRESSLY STATED IN THIS SECTION, THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, PERTAINING TO THE PRODUCTS AND SERVICES SOLD UNDER THIS AGREEMENT. KLM DISCLAIMS ANY IMPLIED Copyright 2023by KLM Engineering, Inc.Page 5of 8 Centerville, MN.50MG Tower No. 1 ROV Evaluation WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL KLM BE LIABLE TO THE KLM CLIENT, ITS AGENTS, REPRESENTATIVES, EMPLOYEES, CUSTOMERS OR ANY OTHER THIRD PARTY, FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF USE,LOSS OFREVENUE OR LOSS OF PROFIT, IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT OR THE EXISTENCE, FURNISHING OR FUNCTIONING OF ANY ITEMOR SERVICES PROVIDED FOR IN THIS AGREEMENT OR FROM ANY OTHER CAUSE, INCLUDING WITHOUT LIMITATION CLAIMS BY THIRD PARTIES, EVEN IF KLM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 8.SCHEDULING. Prior to KLM scheduling its services related to the project, the KLM Client shall furnish KLM with a written Agreement, purchase order or other written request for KLM services and shall give as much notice as reasonably possible in advance of the time when the KLM services are desired to commence. The KLM service schedule shall be mutually agreed upon by the parties in writing. If a KLM inspection is canceled or delayedafter KLM personnel and/or equipment are in transit to the project site, then the KLM Client shall be billed, and the KLM Client agrees to pay for KLM time and expenses according to the then current KLM Fee Schedule for KLM time spent and KLM costs incurred. If KLM is unable to redirect KLM representatives to other third-party project sites on the canceled or delayed scheduled service day, at a minimum, the KLM Client will be billed and the KLM Client agrees to pay KLM for one (1) full day of KLM labor. 9.INSURANCE. request. 10.PAYMENT. KLM will submit periodic invoices for KLM services provided and work performed. Invoices are due upon receipt. The KLM Client agrees to inform KLM of invoice questions or disputes within 10 business days of the invoice date. The KLM Client agrees to pay all undisputed KLM invoiced amounts within 45 days of the invoice date. The KLM Client agrees to pay interest on all overdue amounts at a rate of 1.5% per annum or the rate allowed by law, whichever is less, plus costs of collection, court costs, and reasonable attorney fees on all such amounts. If any undisputed invoice remains unpaid for 60 days, then KLMmay, at its sole discretion, suspend or terminate services to the KLM Client withoutliability. 11.INDEMNIFICATION. KLM shall indemnify and hold harmless the KLM Client and its shareholders, directors, officers, members, governors and employees from liability, claims, losses, and damages arising out of or relating to the applicable Project, provided that such claims, costs, losses, or damages are attributable to bodily injury, sickness, disease, or death, or injury to, or destruction of tangible omissions. The KLM Client shall indemnify and hold harmless KLM and its shareholders, directors, officers, members, governors and employees from liability, claims, losses, and damages arising out of or relating to the applicable Project, provided that such claims, costs, losses, or damages are attributable to bodily injury, sickness, disease, or death, or injury to, or destruction of tangible property, including the loss of the KLM Client shall indemnify and hold harmless KLM from all claims or losses arising out of the Copyright 2023by KLM Engineering, Inc.Page 6of 8 Centerville, MN.50MG Tower No. 1 ROV Evaluation 12.LIMITATION OF LIABILITY. IN NO EVENT SHALL KLM OR THE KLM CLIENT BE LIABLE, ONE TO THE OTHER, FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE FURNISHING, PERFORMANCE OR USE OF ANY PRODUCTS OR SERVICES PROVIDED PURSUANTTO THISAGREEMENT. 13.DELAYS. If KLM service or work delays are caused by the KLM Client, by third parties,strikes, natural causes, weather, or other circumstances beyond KLM's control, a reasonable time extension for performance of KLM services and work shall be granted, and KLM shall be entitled to and the KLM Client agrees to pay KLM an equitable feeadjustment. 14.TERMINATION. After seven (7) days written notice, either party may elect to terminate this Agreement. Notwithstanding the foregoing, the KLM Client agrees to pay for all KLM services provided and work performed through the date of termination. Notwithstanding the foregoing,the following sections shall survive the termination of this Agreement: Sections 5, 7, 10, 11, 12, 15, 16, 21 and24. 15.SEVERABILITY. Any provisions of this Agreement later held to violate a law or regulationshall be deemed void, and all remaining provisions of the Agreement shall continue in full force and effect. 16.KLM'S DOCUMENTS. All reports, specifications, drawings and other documents furnished by KLM are part of KLM's services and work for the KLM Client and the same are for use only forthe project (KLM Documents). KLM retains all ownership of said documents regardless of whether the project is completed. The KLM Client may retain copies of the KLM Documents for reference purposes. KLM does not represent or warrant that the KLM Documents are suitable for reuse on any extension of the project or on other projects. The KLM Client shall not use the KLM Documents without KLM's written consent 17.ASSIGNMENT. KLM may not assign this Agreement to any other person unless writtenconsent is obtained from the KLMClient. 18.AMENDMENTS. Any modification or amendment of to this Agreement shall require awritten agreement signed by bothParties. 19.NONDISCRIMINIATION. In the hiring of employees to perform work under this Agreement,KLM shall not discriminate against any person by reason of any characteristic or classification protected by state or federallaw. 20.GOVERNING LAW. This Agreement shall be governed by and interpreted in accordance withthe laws of the State of Minnesota without regard to or application of conflicts of law rules or principles. All proceedings related to this Agreement shall be venued in Washington County,Minnesota. 21.AUDIT. Pursuant to Minnesota Statutes, § 16C.05, Subdivision 5, KLM agrees that the KLM Client, the State Auditor, or any of their duly authorized representatives at any time duringnormal business hours and as often as they may reasonably deem necessary (but under all circumstances not more often than once per calendar year), shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, or records which are pertinent to the accounting practices and procedures of KLM, and involve transactions relating to this Agreement. Copyright 2023by KLM Engineering, Inc.Page 7of 8 Centerville, MN.50MG Tower No. 1 ROV Evaluation 22.JOB SITE IMAGES, PHOTOGRAPHY AND VIDEO. During the term of this Agreementand training, documentation, education or KLM promotional purposes. A signed Agreement that includes the use of the items and information set forth in this section. 23.WAIVER. The waiver by either party of any breach or failure to comply with any provision of this Agreement by the other Party shall not be construed as or constitute a continuing waiver ofsuch provision or a waiver of any other breach of or failure to comply with any other provision of this Agreement. 24.HEADINGS. Section headings used in this Agreement are for convenience only, have nolegal significance, and in no way change the construction or meaning of the termshereof. 25.ENTIRE AGREEMENT. This Agreement supersedes any prior or contemporaneous representations or agreements, whether written ororal, between the Parties and contains the entireagreement. End of the KLM Terms and Conditions. Rev 2022.11.23 THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK Copyright 2023by KLM Engineering, Inc.Page 8of 8 CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: August 9, 2023 Parks & Recreation TITLE OF ISSUE: Purchase & Placement of an Additional Park Bench within Eagle Park Facing the Playstructure, west of Dupre BACKGROUND AND SUPPLEMENTAL INFORMATION: The committee has received several requests to add an additional park bench to Eagle Park. The committee discussed the cost of the purchase, installation and considered the need. Discussion ensued regarding recent donations received from Kwik Trip and the Centerville Lions which could offset the costs. It was also suggested that reach out to several residents who have shown interest in donating to the same installation. The desired location for the bench will receive the Public Works Director's approval with consideration of the Committee's input and resident suggestion. COST AND SOURCE(S) OF FUNDING: $2,000 Parks Capital Fund REQUESTED COUNCIL ACTION: Motion to approve the Parks & Recreation Committee recommendation to purchase and install an additional park bench at Eagle Park in an amount not to exceed $2,000. For ClerkÓs Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ Vote Record: Aye Nay _____ Other (specify) ____________ _____ _____ ___ _______________________________________________________________ _____ _____Ki _____ ____________________________________________________________________ Administration Department Use: Refer to: _________________________________ Consent Tabled Until: ______________________________ Regular Other: ___________________________________ CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: August 9, 2023 Public Works/Engineering VIII.2 TITLE OF ISSUE: Resolution #23-0XX - Backyard Drainage Project Policy BACKGROUND AND SUPPLEMENTAL INFORMATION: At previous meetings, the City Council has debated various proposed changes to its Backyard Drainage Project Policy. Attached is a redlined and "clean" version of said policy, with staff's recommended changes. The changes include the ability to fund single-property projects as opposed to only group projects, but with some important caveats to prevent the city from fixing problems which can solely be addressed on a single property. Other changes address interest rates and other logistical issues with the program. COST AND SOURCE(S) OF FUNDING: Up to $20,000 annually from the Storm Water Utility REQUESTED COUNCIL ACTION: Motion to approve Resolution #23-0XX - Amending the City's Backyard Drainage Issue Cost Participation Policy. For ClerkÓs Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ X Vote Record: Aye Nay _____ Other (specify) ____________ _____ _____ ___ _______________________________________________________________ _____ _____Ki _____ ____________________________________________________________________ Administration Department Use: Refer to: _________________________________ Consent Tabled Until: ______________________________ Regular Other: ___________________________________ Res. #23 -0XX 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 individual or groups of property owners to resolve the private drainage issues where it is possible to do so by constructing drainage facilities in public easements and where it is impossible to correct these issues without constructing improvements or connecting to improvements on another property. Where improvements are made outside of existing easements, on properties receiving cost participation from the city, an easement encompassing the improvements must be granted to the city, without compensation. 2) The council authorizes participation in the cost of these structures improvements 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 or post a cash security for the remaining 75% of the cost, and further provided that the maximum city -share participation in these kinds of projects is limited to $5,000 per property on which improvements are made and may be limited to $210,000 in any calendar year and or any lower amount as fund availability may dictate. aA portion of the fund'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% an interest rate to be set by the City Council at the date of approval for each application. 4) Applicants for this cost participation must solicit a minimum of two bids. The applicants may use either bid, but the cityÓs cost participation and allowable assessment amount will be based on the lowest responsible bid. Contractors performing work under this program must be licensed and bonded and must provide the city with a copy of their insurance certificate, naming the City as an additional insured. Before, final payment is released, the contractor must furnish lien waivers and IC-134 forms. th Adopted by the City Council this 9 day of August, 2023. Res. #23 -0XX 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 individual or groups of property owners to resolve private drainage issues where it is possible to do so by constructing drainage facilities in public easements and where it is impossible to correct these issues without constructing improvements or connecting to improvements on another property Where improvements are made outside of existing easements, on properties receiving cost participation from the city, an easement encompassing the improvements must be granted to the city, without compensation. 2) The council authorizes participation in the cost of these improvements 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 or post a cash security for the remaining 75% of the cost, and further provided that the maximum city share participation in these kinds of projects is limited to $5,000 per property on which improvements are made and may be limited to $20,000 in any calendar year or any lower amount as fund availability may dictate. A portion of the fund'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 an interest rate to be set by the City Council at the date of approval for each application. 4) Applicants for this cost participation must solicit a minimum of two bids. The applicants may use either bid, but the cityÓs cost participation and allowable assessment amount will be based on the lowest responsible bid. Contractors performing work under this program must be licensed and bonded and must provide the city with a copy of their insurance certificate, naming the City as an additional insured. Before final payment is released, the contractor must furnish lien waivers and IC-134 forms. th Adopted by the City Council this 9 day of August, 2023. CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: August 9, 2023 Public Works/Engineering VIII.3a TITLE OF ISSUE: Backyard Drainage Project Cost Participation - Widgeon Circle BACKGROUND AND SUPPLEMENTAL INFORMATION: Two homes on Widgeon Circle are requesting cost participation from the city, through our Backyard Drainage Cost Sharing Policy. Both the existing and/or staff's recommended revised policy should qualify this project for funding, with a maximum total of $10,000 in city cost participation. COST AND SOURCE(S) OF FUNDING: $10,000 from the Storm Water Utility REQUESTED COUNCIL ACTION: Motion to approve cost participation from the City's Storm Water Utility, for the backyard drainage project on Widgeon Circle, in the amount of $10,000, and the associated assessment and encroachment agreements for both participating properties. For ClerkÓs Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ X Vote Record: Aye Nay _____ Agreements, Quotes Other (specify) ____________ _____ _____ ___ _______________________________________________________________ _____ _____Ki _____ ____________________________________________________________________ Administration Department Use: Refer to: _________________________________ Consent Tabled Until: ______________________________ Regular Other: ___________________________________ ENCROACHMENT AGREEMENT AGREEMENT (ÐAgreementÑ) was made this ___th day of July, 2023 by and between the CITY OF CENTERVILLE, a Minnesota municipal corporation (ÐCityÑ), and Lori Anne Eckert and Steven Dean Eckert, a married couple (ÐLandownersÑ). RECITALS A. Landowners owner in fee as tenant the real property situated in Anoka County, Minnesota, legally described as follows (ÐSubject PropertyÑ): PIN #23-31-22-33-0054 LOT 1, BLOCK 2 ND 1605 Widgeon Circle HUNTERS CROSSING 2 ADD B. Landowners desire to construct a French Drain/draintile within the side and rear yard setbacks within the cityÓs right-of-way/drainage and utility easements. Landowner(s) seeks permission from the City to encroach in the CityÓs 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 CityÓs right-of-way/drainage and utility easements in their sides and rear yard to the extent indicated on the attached EXHIBIT ÐAÑ. 1 2. Nothing in this Agreement shall be deemed an abandonment, vacation or waiver of the CityÓs interest in the right-of-way/drainage and utility easement(s). 3. Landowners, for themselves, their heirs, successors and assigns, hereby agree to defend, indemnify and hold the City harmless from all costs and expenses, claims and liability, including attorney fees, relating to or arising out of the grant to Landowners permission to encroach into the CityÓs 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 CityÓs 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 CityÓs 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 CityÓs sides and rear yard right of way/drainage and utility easement(s). 5. Landowners may not replace the b French Drain/draintile in the CityÓs 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 LandownersÓ sole cost and expense, upon thirty (30) days written notice if the City determines that the French Drain/draintile interferes with said use. CityÓs 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 LandownerÓs 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 (ÐLandownersÑ). _________________________________ Notary Public DRAFTED BY CITY OF CENTERVILLE 1880 Main Street Centerville, MN 55038 4 SPECIAL ASSESSMENT AGREEMENT WAIVER OF HEARING AND APPEAL AGREEMENT made this _____ day of August, 2023, by and between the City of Centerville, a Minnesota municipal corporation (ÐCityÑ), and Lori Anne Eckert and Steven Dean Eckert (ÐProperty OwnersÑ), 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 (ÐSubject PropertyÑ): PIN #23-31-22-33-0054 LOT 1, BLOCK 2 ND 1605 Widgeon Circle HUNTERS CROSSING 2 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 30Ó drainage utility easement per Exhibit A. C. Property Owners (1605 & 1615 Widgeon) have agreed to participate in the CityÓs program for cost share. The CityÓs share is set at 25%, subject to a $5,000 maximum. Therefore, the CityÓs share of the project is $5,000. The Property owners Portion is $21,018, authorized by City Resolution #_________. Two bids have been submitted by the property owners and the property owners have chosen the lowest bidder of a fee of $52,036 (Exhibit B). D. Prior to payment to the property ownerÓs chosen contractor, Task Masters, the - 1 - City will receive a Lien Waiver and a Form IC324 from Task Masters 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 $21,018. The special assessment principal shall be payable in equal installments over five (5) years, plus _____% 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 OwnerÓs 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 OWNERS: BY: Its: BY: Its: STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this _____ day of August, 2023, by Lori Anne Eckert and Steven Dean Eckert, a married couple (ÐLandownersÑ). Notary Public CITY OF CENTERVILLE BY: D. Love, Mayor - 3 - Teresa Bender, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this _____ day of August, 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 - 4 - 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 30Ó drainage utility easement per Exhibit A (ÐImprovementsÑ). It is understood by the undersigned that the City will be granted an easement allowing future repair, maintenance, etc. of said (ÐImprovementsÑ). Dated this ______ day of _____________, 2023. PROPERTY OWNERS: BY: BY: - 5 - ENCROACHMENT AGREEMENT AGREEMENT (ÐAgreementÑ) was made this ___th day of July, 2023 by and between the CITY OF CENTERVILLE, a Minnesota municipal corporation (ÐCityÑ), and Danielle M Twohy and Nicholas P Twohy, a married couple (ÐLandownersÑ). RECITALS A. Landowners owner in fee as tenant the real property situated in Anoka County, Minnesota, legally described as follows (ÐSubject PropertyÑ): PIN #23-31-22-33-0055 LOT 2, BLOCK 2 ND 1615 Widgeon Circle HUNTERS CROSSING 2 ADD B. Landowners desire to construct a French Drain/draintile within the side and rear yard setbacks within the cityÓs right-of-way/drainage and utility easements. Landowner(s) seeks permission from the City to encroach in the CityÓs 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 CityÓs right-of-way/drainage and utility easements in their sides and rear yard to the extent indicated on the attached EXHIBIT ÐAÑ. 1 2. Nothing in this Agreement shall be deemed an abandonment, vacation or waiver of the CityÓs interest in the right-of-way/drainage and utility easement(s). 3. Landowners, for themselves, their heirs, successors and assigns, hereby agree to defend, indemnify and hold the City harmless from all costs and expenses, claims and liability, including attorney fees, relating to or arising out of the grant to Landowners permission to encroach into the CityÓs 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 CityÓs 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 CityÓs 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 CityÓs sides and rear yard right of way/drainage and utility easement(s). 5. Landowners may not replace the b French Drain/draintile in the CityÓs 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 LandownersÓ sole cost and expense, upon thirty (30) days written notice if the City determines that the French Drain/draintile interferes with said use. CityÓs 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 LandownerÓs 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 (ÐLandownersÑ). _________________________________ Notary Public DRAFTED BY CITY OF CENTERVILLE 1880 Main Street Centerville, MN 55038 4 SPECIAL ASSESSMENT AGREEMENT WAIVER OF HEARING AND APPEAL AGREEMENT made this _____ day of August, 2023, by and between the City of Centerville, a Minnesota municipal corporation (ÐCityÑ), and Danielle M Twohy and Nicholas P Twohy (ÐProperty OwnersÑ), 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 (ÐSubject PropertyÑ): PIN #23-31-22-33-0055 LOT 2, BLOCK 2 ND 1615 Widgeon Circle HUNTERS CROSSING 2 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 30Ó drainage utility easement per Exhibit A. C. Property Owners (1615 & 1605 Widgeon) have agreed to participate in the CityÓs program for cost share. The CityÓs share is set at 25%, subject to a $5,000 maximum. Therefore, the CityÓs share of the project is $5,000. The Property owners Portion is $21,018, authorized by City Resolution #________. Two bids have been submitted by the property owners and the property owners have chosen the lowest bidder of a fee of $52,036 (Exhibit B). D. Prior to payment to the property ownerÓs chosen contractor, Task Masters, the - 1 - City will receive a Lien Waiver and a Form IC324 from Task Masters 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 $21,018. The special assessment principal shall be payable in equal installments over five (5) years, plus _____% 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 OwnerÓs 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 OWNERS: BY: Its: BY: Its: STATE OF MINNESOTA ) ) ss. COUNTY OFANOKA ) The foregoing instrument was acknowledged before me this _____ day of August, 2023, by Danielle M Twohy and Nicholas P Twohy (ÐProperty OwnersÑ), a married couple. Notary Public CITY OF CENTERVILLE BY: D. Love, Mayor Teresa Bender, City Clerk - 3 - STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this _____ day of August, 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 - 4 - 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 30Ó drainage utility easement per Exhibit A (ÐImprovementsÑ). It is understood by the undersigned that the City will be granted an easement allowing future repair, maintenance, etc. of said (ÐImprovementsÑ). Dated this ______ day of _____________, 2023. PROPERTY OWNER: BY: BY: -5 - CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: August 9, 2023 Public Works/Engineering VIII.3b TITLE OF ISSUE: Backyard Drainage Project Cost Participation - Oak Circle BACKGROUND AND SUPPLEMENTAL INFORMATION: A single home on Oak Circle is requesting cost participation from the city, through our Backyard Drainage Cost Sharing Policy. The existing policy does not allow participation in the program by individuals, only groups (2 or more). Earlier on the City Council agenda, staff is suggesting language that would allow for individual participation in the cost share program. If the City Council has adopted the staff-recommended policy, this project would qualify for a cost share. COST AND SOURCE(S) OF FUNDING: 25% of low bid = $2,365.62 REQUESTED COUNCIL ACTION: Motion to approve cost participation from the City's Storm Water Utility, for the backyard drainage project on Oak Circle, in the amount of $2,365.62, and the associated assessment and encroachment agreements. For ClerkÓs Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ X Vote Record: Aye Nay _____ Agreements, Quotes Other (specify) ____________ _____ _____ ___ _______________________________________________________________ _____ _____Ki _____ ____________________________________________________________________ Administration Department Use: Refer to: _________________________________ Consent Tabled Until: ______________________________ Regular Other: ___________________________________ 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 (ÐCityÑ), and Kylie Haffke and Alexander Haffke (ÐProperty OwnersÑ), a married couple. RECITALS A.Property Owner(s) are the fee owners of the following described real property, located in the City of Centerville, Anoka County, Minnesota (ÐSubject PropertyÑ): PIN #23-31-22-42-0015 LOT 9, BLOCK 3, CENTER OAKS 1, 6908 Oak Circle EX RD SUBJ TO EASE OF REC B.Property Owners request to install 60Ó of draintile/piping to direct stormwater into the CityÓs concrete catch basin located in their rear yard to assist stormwater flowage away from the home. C.Property Owners have agreed to participate in the CityÓs program for cost share (25% - City of CentervilleÓs 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 . D.Prior to payment to the property ownerÓs 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 OwnerÓs 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: BY: its: BY: 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 (ÐLandownersÑ). _________________________________ Notary Public CITY OF CENTERVILLE BY: D. Love, Mayor Teresa Bender, City Clerk - 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: Notary Public City of Centerville 1880 Main Street Centerville, MN 55038 - 4 - 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 60Ó of draintile/piping to direct stormwater into the CityÓs 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 (ÐImprovementsÑ). Dated this ______ day of _____________, 2023. PROPERTY OWNERS: By:_________________________________ By:_________________________________ - 5 - EXHIBITA CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: August 9, 2023 Administration/Fire IX. TITLE OF ISSUE: 2024 Proposed Budget BACKGROUND AND SUPPLEMENTAL INFORMATION: On 7/20/23, the Fire Steering Committee met and adopted a 2024 Budget for the Centennial Fire District. Staff recommends that the City Council approve of this proposed budget. COST AND SOURCE(S) OF FUNDING: Centerville's Share of budget = $375,264; General Fund Levy + Public Safety Funds Allocation ($51,300) REQUESTED COUNCIL ACTION: Motion to approve the 2024 Centennial Fire District budget as adopted by the Fire Steering Committee. For ClerkÓs Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ Vote Record: Aye Nay _____ Budget Other (specify) ____________ _____ _____ ___ _______________________________________________________________ _____ _____Ki _____ ____________________________________________________________________ Administration Department Use: Refer to: _________________________________ Consent Tabled Until: ______________________________ Regular Other: ___________________________________ CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: 8/9/2023 City Attorney & Police IX.2 TITLE OF ISSUE: Cannabis Use In Public BACKGROUND AND SUPPLEMENTAL INFORMATION: Cannabis possession and use is now legal. A prohibition against cannabis use in public places will protect minors and protect those who do not use cannabis from the impact of second-hand effects of cannabis. This ordinance balances the right to use cannabis products on private property while protecting public safety. COST AND SOURCE(S) OF FUNDING: General fund. REQUESTED COUNCIL ACTION: Adoption of proposed ordinance. For ClerkÓs Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ X Vote Record: Aye Nay _____ Other (specify) ____________ _____ _____ ___ _______________________________________________________________ _____ _____Ki _____ ____________________________________________________________________ Administration Department Use: Refer to: _________________________________ Consent Tabled Until: ______________________________ Regular Other: ___________________________________ THECITY OF CENTERVILLE ANOKA COUNTY, MINNESOTA ORDINANCE NO. ___ SECOND SERIES AN ORDINANCE TO REVISE CHAPTER 91, PUBLIC NUISANCES Î CANNBIS USE IN PUBLIC The City Council of the City of Centerville hereby ordains: Section 1.That Chapter 91 shall be amended, as follows: §91.11 CANNABIS USE IN PUBLIC (A)It is unlawful to use cannabis flower, cannabis products, lower-potency hemp edibles and hemp-derived consumer products, as defined in Minn. Stat. Section 342.01, in public places anywhere in the city. (B)As used in this Section, public places include all areas contained within the city boundaries, except the following: a.Private residences, including the curtilage and yard; and b.Private property not generally accessible by the public, unless a person is explicitly prohibited from consuming cannabis flower, cannabis products, lower- potency hemp edibles or hemp-derived consumer products on the property by the owner of the property; and c.The premises of an establishment or event licensed to permit onsite consumption of cannabis flower, cannabis products, lower-potency hemp edibles or hemp- derived consumer products. Section 2.Effective Date. This ordinance takes effect upon its adoption and publication. ADOPTED after a first reading, without a second reading, by a unanimous vote of the City Council of the City of Centerville, Minnesota, this on the 9th day of August 2023. ________________________ D. Love, Mayor ATTEST: Teresa Bender, City Clerk Dated aĻƒƚ TO: Honorable Mayor & Council FROM: Parks & Recreation Committee SUBJECT: Use of Cannabis in Public DATE: August 2, 2023 The Committee met and discussed the new laws and the sample, proposed language that the City of Detroit Lakes is considering, along with many other communities, regarding regulating adult use of Cannabis in parks and open spaces within their community. The Committee supports the proposed language amendment to the CityÓs Code similar to Detroit Lakes, with modifications being made by the City Attorney as fit. The Committee will be addressing the use of tobacco products within the parks in the future.