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Home My WebLink About2006-12-27 CC Packet (iii _ _,lftr!'':-', .m,'tervilCe -. 'Estofiislietl185l CITY COUNCIL MEETING Wednesday, December 27, 2006 6:30 p.m. COUNCIL MEETING L CALL TO ORDER I. Roll Call n. PUBUC BEARINGS m. APPROVAL OF AGENDA IV. APPROVAL OF COUNCB. MINUTES I. December 7, ZOO6 City Council Work Session Meeting Minutes (page I) Z. December 13, 2006 City CouncD Work Session Meeting Minutes (page 2) 3. December 13, Z006 City ConneD Meeting Minutes (page 3-Z0) V. CONSENT AGENDA I. City ofCenterville December 14, ZOO6 through December Z7, ZOO6 Claims (page ZI) Z. Centennial FU"e District Expenditures through December 13, ZOO6 (page 2Z) 3. Centennial Lakes PoUce Department Expenditures 1l/10-1Zn4/06 (page ~ ZS) 4. Centerville Lion's Request for Temporary GambHng Permit (Raftle) & Special Event Permit for Ice Fisbing Contest - Saturday, February 17, Z007 - Centerville Lake Subject to Fning of Appropriate Documents (page zSa) 5. Successful Performance Review - City Oerk, Ms. Teresa Bender (From Grade 6, Step 7 to Step 8) VI. A WARDSIPRESENTATIONS/APPEARANCES VB. OLD BUSINESS 1. Joint Powen Agreement (CSAH 14) (page 25b-25k) vm. NEW BUSINESS I. Precision Excavating Ooseout & FmaI Payment - 5132,384.50 - (Block 7) (page 26-29) Z. Labor Agreement (January, 2007 - December 31, 2009) (page 30-53) 3. North ABoa Meals on Wheels Request for Letter of Support (page 54) 4. Press PobUeatioDS Request to be AppointedlDesignated as the City's Legal Paper (page 55) 5. Anoa County Integrated Waste Management Agreement for Residential RecyeHng Program Z007 " Recommended Language ModolClltion (page 57 -64) 6. PoRcies a. SidewalkffraU Inspection (Page 65-67) . b. Pothole Repair (page 68-69) c. Snowplowing (page 70-72) d. Street Sweeping (page 73-75) 7. District Memorial Hospital Board Dissolution (page 77-82) 8. Res. #06-OXX - Appointment Committee/Commission Guide6nes (page 83- 84) 9. CoDneR Appointments (Capra) IX. ANNOUNCEMENTSIUPDATES 1. City Administrator, Mr. Dallas Larson 2. CSAH14 JPA (Update) 3. Downtown Redevelopment - Draft Development Agreement (page 85-123) 4. Centerville Sesquicentennial a. LaCompany 5. Correspondence to Anoka County Integrated Waste Management (page 124-125) X. ADJOURNMENT * *REMINDERS* * Happy New Year - January 1, 2007 (City Hall Closed in Observance) Planning &. Zoning Commission - January 2, 2007 - 6:30 p.m. Council Chambers Parks &. Recreation Committee - January 3, 2007 - 6:30 p.m. Council Chambers city Council 12-07-2006, 7:45 p.Dl. Minutes of Work Session ~. , .".. .t)",.O Nl.,.."."....,.......................'.Ii\)/f. fA~~r/@fi, ..; llftI& 1) r:r Present were Mayor Mary Capra, Council Members Michelle Lakso, Tom Lee and Jeff Paar. Also present were Administrator Dallas Larson, City Attorney Kurt Glaser and Mark Statz, City Engineer. Absent was Council Member Richard Terway. The agenda included interview of candidates for P&Z and discussing the CSAH 14 Joint Powers Agreement with representatives of Anoka County. The Council met with P&Z candidates Darrin Mosher and Ben Fehrenbacher and asked each a series of questions. The appointment will be placed on the next regular meeting agenda for a decision. Representatives of Anoka County were invited to attend to discuss the Joint Powers Agreement. Present were Commissioner Rhonda Sivarajah, County Engineer Doug Fischer and Assistant Engineer Lyndon Robjent. Council Member Elect, Linda Broussard participated in this part of the meeting. City Attorney Glaser reviewed the progress with Anoka County on the Joint Powers Agreement. Doug Fischer responded on behalf of the County on the agreement issues and indicated that the County is willing to cover all of the storm sewer costs and have made compromises on several other issues. The Council remained concerned about the issues of maintenance of storm sewers and ponds, credit for land provided to the County by Centerville and construction engineering on utilities and streetscape where the City will also provide construction engineering. After all of the questions were asked and answered by Anoka County representatives, County officials left the meeting. Instructions were given to City Attorney Glaser to continue negotiating the agreement in an attempt to reach a compromise. Adjourned at approximately 10:30 p.m. Dallas Larson City Administrator I City Council 12-13-2006, 6:15 p.m. Minutes of Work Session d'J ~ "m" ^ - "'- >'- ~,+ -. ~ '" ;,'..' _ <;: ~; ~,~- tl P"-'" ;0." c ~ 0+._. ~ -, ','< -il; . ..J. :'0"'.:; rH. ",' L. ,,, .'H .'.. "\ _M .- ,. ._ __ . 'L _~, ^ .".' ,+, ",^ L _+.. h' '. ',' +> >',- , , -, ." ++ -"'," -,'- .+ >< .:' ^+H .'.. ,. <,H" C......'..'.;...'.... t".' fA\~; pJ.Q1. ; D'. PF'__- H -. H' H . '\:< ^+ ,~L,_ 'h 7 ,< ,. ~.. , <. - -. "-' <:+- -'-'- .":' ".: ,. ., ;'.~ ,< . " -_ 0" '. '" --)/ Present were Mayor Mary Capra, Council Members Michelle Lakso, JeffPaar, and Tom Lee. Also present was Administrator Dallas Larson. Absent was Council Member Richard Terway. The agenda included interview of a candidate for the Parks and Recreation Committee. The Council met with Parks and Recreation Committee candidate Ms. Lori Harris and asked a series of questions to determine suitability for the Committee. The appointment decision will be made during the regular meeting following the work session. Adjourned at approximately 6:30 p.m. Dallas Larson City Administrator z CITY OF CENTERVILLE CITY COUNca MEETING DECEMBER 13, 2006 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting on December 13, 2006, at City Hall, 1880 Main Street. PRESENT: Mayor Mary Capra Council Member Tom Lee Council Member JeffPaar Council Member Michelle Lakso ABSENT: Council Member Richard Terway STAFF: City Engineer Mark Statz City Administrator Dallas Larson City Attorney Kurt Glaser I. CALL TO ORDER Mayor Capra called the December 13, 2006, City Council meeting to order at 6:34 p.m. II. PUBLIC HEARINGS None. ID. SET AGENDA Council added: Resolution #06-055 - Pay Equity; Resolution #06-056 - Recognizing Mr. Harley Wells; Resolution #06-057 - Establishing a Deed Restriction on Land Purchased with DNR Grant Funds; and Recognition of Mr. JeffHanzal. Council Member Paar requested that the Centennial Youth Hockey Association and Laurie LaMotte Memorial Park be added to the Agenda. Council Member Lee requested to add the Police Governing Board under announcements. Council Member Lakso requested to add Emergency Management. Mayor Capra indicated she would provide an update on the Centennial Fire District meeting. 3 City of Centerville Council Meeting Minutes December 13, 2006 Motion bv Council Member Lee. seconded bv Council Member Paar to aDDrove the Ae:enda as amended. All in favor. Motion carried unanimously. IV. APPROVAL OF COUNCIL MINUTES 1. November 29.2006 City Council Meeting Minutes Mayor Capra noted that under agenda, the last sentence, it was Council Member Lakso not Council Member Terway." Mayor Capra asked for the following change: On Page 6 of 16, second paragraph, to change moving to non-moving. On Page 7 of 16 under eagle projects add "for the fitness room equipment". On Page 8 of 16 clarify that the motion was for a denial of the request in the Marshall request, which was upholding the recommendation of the Planning Commission. Motion by Council Member Lakso. seconded by Council Member Lee. to aDDrove the November 29. 2006 City Council meetin2 Minutes as amended. All in favor. Motion carried unanimouslv. 2. November 29.2006 Work Session Meeting Minutes Mayor Capra explained that Council did not move to closed session at 6:50 p.m. but ended the work session. Motion by Council Member Lakso. seconded by Council Member Paar. to aDDrove the November 29. 2006 City Council Worksession minutes as amended. All in favor. Motion carried unanimouslv. V. CONSENT AGENDA 1. City ofCenterville November 30,2006 through December 13,2006 Claims 2. Centennial Fire District Expenditures through November 29,2006 3. Successful Performance Review - Secretary/Receptionist, Ms. Kim Stephan (Grade 3, Step 5 to Step 6) Council Member Lakso requested that Check Numbers 021918 and 021934 be removed for discussion. Motion by Council Member Lakso. seconded bv Council Member Paar. to aDDrove the Consent Ae:enda as Dresented. removin2 Check Numbers 021918 and 021934. All in favor. Motion carried unanimouslv. Council Member Lakso asked for clarification on the expense for 1601 LaMotte Drive. Page 2 of 19 4 City of Centerville Council Meeting Minutes December 13, 2006 City Administrator Larson explained that the bill had. included several addresses not just 1601 LaMotte Drive. Council Member Lakso asked whether the League of Minnesota Cities Storm Water Coalition Membership Fee is a yearly fee. City Administrator Larson indicated that it is a yearly membership fee. Motion. by Couneil Member Lakso. seeonded bv Couneil Member Paar to approve Cheek Numbers 021918 and 021934 as presented. All in favor. Motion eaiTied unanimously. VI. A W ARDSIPRESENTATIONS/APPEARANCES 1. Mr. JeffHanzal. Recognition for Service to the City on the Planning Commission Mayor Capra presented Mr. Jeff Hanzal with a plaque in honor of his service to the City by serving on the Planning and Zoning Commission and thanked him for his service. Mr. Hanzal said it was an honor to work for the City and to work with the quality of people he served with on the Planning Commission. VD. OLD BUSINESS 1. Resolution #06-052 - Recognition of American Familv Insurance Mayor Capra read Resolution #06-52. Council Member Paar congratulated Mr. Giovinazzo. Motion bv Couneil Member Lee. seeonded by Couneil Member Pur. to approve Resolution #06-052. Reeotmition of Ameriean Family Insurance. All in favor. Motion earried unanimously. 2. Improvements - Old Mill Road City Administrator Larson explained that Old Mill Road had been on the agenda in late summer and early fall for consideration of improvements for Hanzal's Addition. He then explained that the improvements would also impact additional benefiting property owners for municipal improvements. City Administrator Larson asked Council to consider directing the City Engineer to update the cost estimate for the proposed improvements to allow for more accurate information to be utilized for further discussion and proposed assessments. Page 3 of 19 .5' City of CenterviUe Council Meeting Minutes December 13, 2006 City Engineer Statz explained that Bonestroo previously drafted a feasibility report; however, the Developer is requesting another to determine whether to proceed with the project and to discuss same with neighboring property owners. Council Member Paar asked whether the fact that this project would no longer be tied to the construction of the backage road would increase construction costs. City Engineer Statz felt that . costs should remain similar to the previous estimate due to the construction climate. City Administrator Larson indicated that the City would need to hold a public hearing unless there is a petition and waiver of assessment, which would require total agreement of all the benefiting property owners Council Member Lakso asked if the Developer and his neighbors were in agreement. Mr. Hanzal indicated that there are some issues to iron out with the neighboring properties and they have added another lot to the subdivision and are trying to work out the details to make that possible. City Administrator Larson explained that the Developer may not get credit for the improvements if the property was never assessed. Mr. Hanzal questioned whether he could obtain partial plat approval. City Administrator Larson indicated that the City would have to have the City Attorney take a careful look at the situation. Mr. Larson stated that City Code is clear that a plat can not be approved without utilities being available. Motion bv Council Member Lee. seconded bv Council Member Lakso. to direct the City EnPineer to update the cost estimate for the improvements to the Banzai property. All in favor. Motion carried unanimouslv. 3. Resolution #06-055 - Adopting Pay EQuity Study Report & Implementation of Pav System City Administrator Larson explained that Council has discussed this issue at work sessions. Mr. Larson explained that Springsted had been contracted to complete a pay equity study and identified areas of concern that should be addressed. Mr. Larson indicated that Res. #06-055 addresses areas of concern and includes Council's desire for implementation as of July 1, 2007 . Motion bv Council Member Lee. seconded bv Council Member Paar. to approve Resolution #06-055. Adoptine: Pay Equity Study Report. & Implementation of Pay System. All in favor. Motion carried unanimouslv. . Page 4 of 19 .~ City of Centerville Council Meeting Minutes December 13, 2006 vm. NEW BUSINESS 1. Resolution #06-053 - Approval of 2007 Budget and Tax Levy Motion bv Couneil Member Paar. seeonded by Couneil Member Lakso. to approve Resolution #06-053 - Approval of 2007 Bud2et and Tax Levy. All in favor. Motion earried unanimously. 2. LiquorlTobacco License Renewal a. Trio Inn Mayor Capra whether the application was complete. City Administrator Larson explained that the Trio Inn has met all of the requirements and is entitled to approval of the license. Council Member Lee asked if the insurance runs from January to January. City Administrator Larson concured. Motion bv Couneil Member Lakso. seeonded by Couneil Member Lee. to approve the LiauorlI'obaeeo License renewal for the Trio Inn. All in favor. Motion carried unanimously. 3. Resolution #06-054 - Sponsorship of Communi tv Development Block Grant Application City Administrator Larson indicated that the City had applied earlier this year for grant funds and was unsuccessful. He then said that this Resolution is in preparation for the next submittal. . Motion by Couneil Member Paar. seeonded by Couneil Member Lakso. to approve Resolution #06-054 - Sponsonhip of Community Development Bloek Grant Application. All in favor. Motion earried unanimouslv. 4. P & Z Recommendation for Ap\lroval of Conditional Use Permit for Jackson Commercial/Sedona Townhomes. LLC City Administrator Larson explained that the Planning Commission held two public hearings on this request and indicated that at both public hearings there was very little public comment and with no abutting property owners in attendance or objecting. City Attorney Glaser commented that the Planning Commission reviewed his memo. He then said that part of his memo was Council questions and part was a summary of his Page 5 of 19 7 City of Centerville Council Meeting Minutes December 13, 2006 questions. Mr. Glaser stated that he felt that the Developer did not address all of his questions at the Commission meetings. City Attorney Glaser said that he would like to see if there is a way to make this project work but the first there are issues to be resolved. He then said that there were negotiations on the Developer's Agreement and concessions made by the city. If the original concept is off the table, should the Developer pay back the concessions. City Attorney Glaser asked the Developer to answer some of the outstanding questions from the memo. City Attorney Glaser indicated that the first issue is blending of styles and the use of the building as a buffer. He then said that the original sales pitch was the earlier units were lower buildings spread apart and they do sit on the edge of a residential area. He further said that the original buildings are more residential in appearance and the proposed building is a traditional commercial structure. City Attorney Glaser asked the Developer to address the design to serve as a buffer and to make therlook of the new structure similar to or blend into the existing structures. Mr. Keleher, Chief Manager for Sedona Townhomes, , addressed the Council and explained that when they came to the City in 2003 and did a study to see what type of structures would be recommended by Maxfield Research, townhomes were recommended. Mr. Keleher requested that Council consider replatting the development for one large building rather than the original plat approved by Council, (three (3) of nine (9) townhomes have been completed to date. Mr. Keleher indicated that they had been approached by Eagle Brooke Church last year to construct one building to house their administrative offices. Upon further research and site consideration, Sedona T ownhomes is appearing before Planning and Zoning and the Council for approval of the change. City Attorney Glaser indicated that Council is familiar with the history of the site and asked the Developer to address the question raised. Mr. Keleher stated that he feels screening has been addressed. Mr. Keleher also stated that he feels the design of the building fits the site. City Attorney Glaser explained that the majority opinion is that this building does not do what was originally proposed and the Council is looking for changes to make it look like the other buildings on the site. He then said that this building is a bit more contemporary and the colors are different. Mayor Capra said that she feels that the large building needs to somehow match or be related to the smaller buildings. Ms.Capra stated that Council was excited about the townhome project and felt that is was wise phasing; however, with the current proposal, Page 6 of 19 p City of Centerville Council Meeting Minutes December 13, 2006 the building is extremely modem building and being located in close proximity to commercial townhomes. Council Member Lakso commented that the site has gone from nine (9) buildings down to (3) and now has this proposed large structure. Mayor Capra said that she feels that the City needs to make a good choice on how to make this work on the site. Council Member Lee commented that one of the selling points was that these buildings looked like townhomes and this new building does not blend into the residential area very well and the screening does not help it to blend in. Mayor Capra said that this building will be there for many years so it is important that it fits and looks appropriate on the site. Mr. Keleher indicated that from the CUP approval at the Planning Commission there are conditions and the two that are subjective are color and style of the building. He then asked what direction to go with on this building. Mayor Capra said that she took some pictures of some buildings in the area that will be reviewed later. City Attorney Glaser explained that the Developer was granted some concessions on parking spaces, the trail easement and waiver of park dedication fees and some screening and drainage issues. So, the opinion is, if this is another commercial structure and the Developer was granted, on the other plan, concessions, the City would like to know if the Developer intends to return the money and add the parking spaces back in that were granted for the other design. Mr. Keleher indicated he met with Mr. Larson on changing the parking spaces from 22 to 14. He then said that when they presented the original plan there was a study on how many spaces were needed per office and that is how they arrived at seven (7) per building for a total of 14. He further said that the number of parking spaces per office is working out well and the need for the three buildings is 142 and they have provided 149 and that meets the requirements. Council Member Lee indicated that the City has a standard per square foot of building and that is where the 2~ spaces came from and the reason the concessions were made earlier is because Council felt that this design would need only 14 but the standard was 22 and that same standard would apply to this new building. City Attorney Glaser asked if the Developer had done any parking studies to justify the claim that fewer than the Code required parking stalls would be adequate. Page 7 of 19 9 City of Centerville Council Meeting Minutes December 13, 2006 Mr. Keleher indicated that they have met C;ode for the new building and they feel that the number of parking stalls for the existing buildings is adequate. City Attorney Glaser said that it looks like the Developer has agreed to put the City trail easement back into the design. Mr. Keleher agreed and said that the County design was not done at the time they began this process. He then said that the County has bought 10 feet of additional right of way for a total of 70 feet of right of way along with an additional 15 feet of temporary ease~ent. Mr. Keleher indicated that they feel they could provide the trail easement in the temporary easement after the County is done with it. City Attorney Glaser asked the Developer to address the park dedication fees. Mr. Keleher indicated that, according to Ordinance, the fee is $2,175 per acre multiplied by the number of acres is a total of $11,253.45. He then said that they have been making payments and intend to pay the $11,253.45 in total. Council Member Lee asked how many units there would be. Mr. Keleher indicated that it is only one building and that is how the dedication fee was calculated. City Administrator Larson explained that commercial/industrial park dedication fees are calculated on a per acre basis but the City agreed to break it down per unit to make it easier for the Developer. City Attorney Glaser asked the Developer to address the waiver of screening and drainage requirements. Mr. Keleher indicated that he does not understand that issue because they have planted out and exceeded the number of trees and provided screening on the west side and along 20th Avenue and he reviewed that with Staff. Mr. Keleher indicated the area on the north end of the parking lot was decided that rather than having an open swale with retaining wall there was approval from the City Engineer to bury a pipe to channel the water and there are trees planted where that swale retaining wall area is and the City public works has a catch basin with a pipe that drains into that pipe to collect water off the City's public works site and the City water tower has a discharge for emergencies into their retention pond. Mayor Capra indicated that was a concession because part of that berm was on the City's property. City Attorney Glaser asked the Developer to address the issue of the private improvements that were due to be completed in 2003. Page 8 of 19 )1) City of Centerville Council Meeting Minutes December 13, 2006 Mr. Keleher indicated that they were given an extension to do the development on the site. He then said that the landscaping fee was associated with that and revolved around the buildings that were not built and the sod in the common areas has been done in the developed area He further explained that they do not have the second lift of blacktop on the parking lot and the retaining wall was not done in favor of the pipe and landscaping and the lighting is not up. Mr. Keleher indicated that the trash enclosure is done as are utilities, sewer, and water and they paid the storm water fee. Mr. Keleher indicated that he wrote a letter to Mr. Larson and then provided copies to Council. Mr. Keleher indicated that they would like to have a work session discussion to work on the colors and style of the building. He then said that they want to work with the City and feel that the client would be good for this community by bringing 70 jobs into town and they would be a good neighbor. He further said that the neighboring property owners were invited to their offices to discuss the plan and were contacted by the City for the public hearing. Mr. Keleher indicated that they began this process on September 20,2006 and have been going through this process as requested. City Attorney Glaser recommended holding off on approval of the CUP until the plans are further revised. He then suggested that the Development Agreement was not followed through to the letter and some things are late and the suggestion from Planning and Zoning was to issue approval that states the Developer would execute a Development Agreement to the satisfaction of the City. City Attorney Glaser indicated that the Developer should resolve some outstanding issues from the existing Development Agreement. He then said that tabling approval will give Staff time to have the items written out line by line along with time for consideration of changes to the building. Mayor Capra thanked the Developer for the samples they brought and said that it helped to understand what the color would be. She then said that she would be open to a work session to discuss the building style and color. City Engineer Statz said that with having the nine (9) buildings there is justification for the claim that there can be shared parking but that justification goes away when the number of buildings is reduced to three. He then said that Council should consider that future uses in the buildings may change and those uses may have different parking requirements. Page 9 of 19 1/ city of Centerville Council Meeting Minutes December 13, 2006 Mayor Capra commented that existing staff people are moving from one City to the other and they are not creating any more positions. She then said that ~he is concerned about the parking and would like the City Engineer to review it. City Engineer Statz asked if th~ existing buildings are stucco or cement. Mr. Keleher indicated that it is Hardy board, which is a 95% cement product. City Engineer Statz said that usually, in his experience, tip up concrete panels are frowned upon in commercial uses as they are more of an ind~al application. Council Member Lee asked what species of trees were shown for screening. Mr. Keleher indicated that along the westerly boundary are spruce trees and maple and ash trees. Council Member Lakso asked if one entrance into the parking is adequate. The Developer indi.cated that they feel it is adequate. Mr. Keleher showed the Council the samples of colors to be used. Council Member Lee indicated the townhomes ar~ two stories and this is three and it is a tall three. Mayor Capra indicated the comers will match the stone on the townhomes and said that the front entrance area would be painted white. She then said that she feels that a cornice would improve the look of the building and make it seem lower. Mayor Capra said that the building, as proposed, looks very stark and she feels that changes are needed to make the building blend in to the other buildings on the site. Mayor Capra said she feels that the cornice shown in the picture would make it match better than not having anything. Mr. Keleher provided a new drawing with some changes that he said he feels begin to bring the new building closer to the look of the existing buildings. Mayor Capra asked the Developer to work with Staff on the parking and other issues so this could be considered at the first meeting in January. Mr. Keleher asked if he and Mr. Larson were on the same track with regard to interpretation of the Developer's Agreement. City Attorney Glaser indicated that the current Development Agreement is not his style and it does not state that the development was to be phased. Page 10 of 19 /L City of Centerville Council Meeting Minutes December 13, 2006 City Attorney Glaser said that with the two major projects going on he will not be available to have this prepared until the first meeting in January. Motion by CouneD Member Lee to table. The Motion faDed for lack of a second.. City Administrator Larson indicated that the City has deadlines within which to either approve or deny a request. He then asked for an extension from the Developer to allow time to work out the details and changes to the building. City Administrator Larson asked for an extension from the Developer to January 10, 2007 and asked that the Developer agree not to assert any rights to litigate due to timeframe constraints prior to the January 10, 2007 meeting. Mr. Keleher indicated it is his intent to work with the City and not be hostile with the City. Mr. Keleher agreed to waive the 30 day time requirement and allow for this matter to be continued to January 10, 2007. Council thanked Mr. Keleher for agreeing to the waiver to allow time to work on the look of the building and the other outstanding issues. Council Member Paar said that he respects what was done but said this is a major change to the previously approved plan so he wants to make sure that this is done right and everything is covered. Motion bv Counell Member Lee. seconded by CouneD Member Paar. to table to January 10. 2007 and ask the Developer to work with Staff on the outstandine: issues. All in favor. Motion carried unanimouslv. 5. P & Z Recommendation for Approval of Extension of Special Use Permit Launderville Auto RelJair-7139 20th Avenue (Review in 12 Months) City Administrator Larson explained that the Special Use Permit was transferred to Launderville Auto Repair six months ago with a condition to review it to ensure there are no issues with the operation. He then said that there have been no complaints and the Planning Commission recommends approval with a condition of another review in 12 months. Council Member Lakso asked whether there are any outside storage issues at the site. She then said that she would like approval to be subject to review of the site by City Staff. Motion by CouneD Member Lakso. seconded by Council Member Paar. to approve the extension of the Special Use Permit for Launderville Auto Repair subiect to Page 11 of19 /3 City of Centerville Council Meeting Minutes December 13, 2006 review of Staff to make sure there aren't any outside stora2e concerns. All in favor. Motion carried unanimously. 6. Parks & Recreation Committee Recommendation for Allocation of $1 00.000 from General Funds for Development of Park Improvements at 1601 LaMotte Drive Mayor Capra indicated that she attended the Park & Recreation Committee meeting and explained that they have asked Council for funding for development of park improvements at 1601 LaMotte Drive. She then asked Staff if there will be any budget surplus that could be used for funding the request. City Administrator Larson explained that there will not be much of a surplus but said that there are some things that may be reimbursed that could be considered for funding the park improvements. Council Member Lakso asked if charitable gambling dollars could be solicited. Mayor Capra indicated that the Committee is looking at charitable gambling dollars. Council Member Paar suggested using the public works building fund. City Administrator Larson indicated that there is money in reserve that could be temporarily tapped into. Council Member Lee asked for Staff to provide a better picture of the budget before any decision on funding the park improvements is made. City Administrator Larson suggested a preliminary commitment from the Council and said that the finance staff will spend some time looking at avenues for funding. Council agreed to work with Staff on funding improvements to the park. Council Member Lee asked the Committee to look into assistance from the Lions. 7. Appointment to Fill Vacancy on P & Z Commission Mayor Capra indicated that Council held interviews for three candidates for the vacancies on the Planning Commission and Parks & Recreation Committee. She then thanked the candidates for coming in to interview for the position. Motion bv Council Member Lakso. seconded by Council Member Lee. to apDOint Mr. Ben Fehrenbacher to the Plannin2 Commission and Mr. Darrin Mosher and Ms. Lori Harris to the Parks & Recreation Committee. Page 12 of 19 ;4 City of Centerville Council Meeting Minutes ~D1ber13,2006 Mayor Capra asked Staff, after the candidates accept, to contact the Chairs of both Committees and to send the newly appointed individuals a letter welcoming them and providing them with a copy of the Bylaws and the Code of Ethics. Mayor Capra indicated that Council had some guidelines for consideration for adoption but will need to look at them in 2007. 8. ADoointment to Fill Vacancy on Parks & Recreation Committee This item was handled as part of the previous Agenda item. 9. Draft Massae:e Ordinance! Amendment City Attorney Glaser explained the changes to Section 115 noting the changes bring an update to the Ordinance to bar sex trade types of activities but recognize that therapeutic massage is a legitimate business. Mayor Capra asked whether the language proposed means that no minors could get a massage as it limits it to adults. City Attorney Glaser indicated that is in the purpose statement area of the ordinance and is really talking about keeping the "Johns" out of Centerville. Mayor Capra asked whether licensees could go somewhere else to do this massage. City Attorney Glaser explained that this draft ordinance requires that massage happens on the premises of the establishment to allow the City the ability to check up on them. Council Member Lee asked if leaving this ambiguous would leave room for Council discretion at a later time. Council Member Paar said he would think it would be better to be clear. He then said that he is concerned about allowing massage out of a home. City Attorney Glaser explained that if there is a residence. involved there must be an external entry and exit. CitY Attorney Glaser said that it is his opinion, from a public safety standpoint, not to put this in homes. Council Member Lee indicated he would like to limit them to commercial zoned areas of the City. City Attorney Glaser suggested allowing them in mixed use provided the building is commercial. Page 13 of 19 /S' City of Centerville Council Meeting Minutes December 13, 2006 Ms. Lisa Kieselhorst said that Dr. Shodeen was an established practitioner and asked whether she would need to provide a blueprint of the building. City Attorney Glaser indicated that the Applicant would need to provide a drawing. Mayor Capra suggested requesting a copy of the building plan from the City. Ms. Kieselhorst indicated that a certificate is different from a license. She then said that she has had a hold up with the school getting the certificates so she went and got a transcript and had it stamped. She then asked whether there really is a requirement to be photographed at the police station. City Attorney Glaser said that being photographed is common licensing procedure. City Attorney Glaser reviewed the amendments to Section 115J5(a) adding: and that the establishment must be located in a commercial district and in a commercial enterprise; Section 115.34(a) these minimum requirements are any of the following: Council Member Lakso pointed out a typographical error in Section 115.21(b). Staffwill make the correction. Motion bv Councll Member Lee. seconded bv Councll Member Lakso. to approve Ordinance #16. Second Series. Amendine Section 115 Relatine to Commercial Sauna and Massaee Services and to approve the Summary Ordinance for publication. City Attorney Glaser read the Ordinance summary for the record. CHAPTER 115: COMMERCIAL SAUNA AND MASSAGE SERVICES SUMMARY OF ORDINANCE TECHNICAL AMENDMENTS: Changes made to Chapter 115 consist of renaming chapter heading, making amendments to chapter sections 115.01 through 115.99, and adds section 115.21. The new heading and text of Chapter 115 consist of twelve pages in length. PURPOSE OF PROPOSED AMENDMENTS: Recognize the evolution of therapeutic massage as a service industry and guard against illegal activities. EXPLANATION OF SUBSTANTNE AMENDMENTS: Changes to Chapter 115 exchange barriers to entry of licensees to provide massage services within the City with educational and monitoring systems to encouraging legitimate massage therapy services. The Chapter regulates the industry by Page 14 of 19 I&; City of Centerville Council Meeting Minutes December 13, 2006 creating a licensing requirement for each applicant providing therapeutic massage and for each business, w~ch provides these services. The changes now recognize the education which massage therapists receive and requires that anyone who desires licensing to complete a sufficient amount of formal education and training in the area of massage, physical therapy or nursing to ensure the public will receive legitimate services. Any potential massage therapist is required to complete a background investigation, which serves to screen individuals who have a history or ties to the illegal sex trade. These requirements also create barriers to the entry of casual individuals who either have an actual history of association with criminal activity or those persons likely to engage in illegal activity traditionally related to the illegal massage. Existing provisions related to sauna and day spa services are retained. Application for licensing in these industries and massage therapy are unified into a single licensing regimen for all services governed by Chapter 115. 10. Purchase of Roberts Rules of Order (CounciVCommitteeslCommissions Mayor Capra indicated she would like Council to consider purchasing Roberts Rules of Order for the CounciVCommittees/Commissions. Council Member Lakso suggested two or three copies instead of one for everyone. City Attorney Glaser agreed to provide a short form sheet for reference. 11. Resolution #06-056 - Recognizing the Service and Dedication of Mr. Harley Wells Mayor Capra noted that Harley Wells was a driving force for the North Metro Telecommunications Commission and said she feels that something should be done to recognize his years of service. City Engineer Statz said that Spring Lake Park has been Bonestroo's longest standing client and he and Bonestroo would like to join in recognition of Mr. Wells. Mayor Capra read Resolution #06-056. Motion by Council Member Lakso. seconded by Council Member Paar. to approve Resolution #06-056. Recol!Jlizinl! the Service and Dedication of Mr. Harley Wells. Council Member Paar requested that the Resolution be amended to 100% rather than 110%. Page 15 of 19 /1 City of Centerville Council Meeting Minutes December 13, 2006 Council agreed. Council Member Lakso indicated that the Resolution would be presented at the next cable meeting. All in favor. Motion carried unanimously. 12. Resolution #06-057- Establishing a Deed Restriction on Land Purchased with DNR Grant Funds Mayor Capra indicated that this is to keep the City in compliance with the grant funds. City Administrator Larson indicated that this Resolution will demonstrate to the DNR that the land will be used for the purpose intended. Motion bv Council Member Lee. seconded bv Council Member Paar. to approve Resolution #06-057. Establishinl! a Deed Restriction on Land Purchased with DNR Grant Funds. All in favor. Motion carried unanimously. 13. Centennial Youth Hockey/Laurie LaMotte Park Council Member Paar indicated that he was contacted concerning the issues with someone turning off the main breaker at LaMotte Park. He then said that they do not wish to upset the City and would like to work with the public works staff to ensure that they are doing things correctly. City Administrator Larson indicated that Staff would look into the situation with Public Works. IX. ANNOUNCEMENTSIUPDATES 1. City Administrator. Mr. Dallas Larson None. 2. CSAH 14 JP A (Update) City Attorney Glaser indicated he would be presenting the final JP A to Mr. Fisc,her tomorrow and the County has its last board meeting on December 19, 2006 and he is optimistic that the County will see the City's side on several of the issues. Mayor Capra said that ponding will almost be a legislative issue for the cities in Anoka County with regard to what. the County is asking communities to do and she does not know how much can be done with this. Page 16 of 19 /1 City of Centerville Council Meeting Minutes December 13, 2006 City Attorney Glaser indicated that the City could get stuck maintaining the ponds and doing whatever Rice Creek requires if the JP A agrees to the ponds. Mayor Capra indicated she would like the Engineer to check at his office to find out what other counties are requiring of cities with county roads and whether ponding is being pushed off on cities within other counties. Mayor Capra indicated that this could be a huge cost for cities in the future and it concerns her. 3. Downtown Redevelopment City Administrator Larson explained that work is being done to create an agreement with the Developer with a draft coming for review soon. City Engineer Statz provided a written report for Council to review. He then reviewed it with Council. 4. Centerville Sesquicentennial - LaCompany Mayor Capra indicated that she would like to use LaCompany as part of the Sesquicentennial Celebration as they are an historical reenactment group that act out the lives of the French trappers. 5. Other Updates Council Member Lee provided an update on the Police Governing Board meeting. He then handed out an Emergency Management booklet for Council. Council Member Lakso indicated that they would like to work on neighborhood watch groups in 2007 to turn them over to Certified Emergency Response Teams to be used in times of emergency. Council Member Lee indicated that another consideration is setting up a command post at City Hall as a backup to the backup location. Council Member Lakso indicated that the recommendation was to have each assigned position have three people assigned to it. She then explained that, in an emergency, the assigned person may not be available but the next in line could be. Council Member Paar asked that the City Attorney's firm be changed to the new firm. He then suggested that for after hours emergencies the contacts be either Mr. Peterson or Mr. Pa1zer since Mr; Larson lives out of town. Council Member Paar indicated that he would like Public Works to come to a Council meeting sometime in early 2007 to go over the steps for emergency procedures. Page 17 of 19 /9 City of Centerville Council Meeting Minutes December 13, 2006 Mayor Capra provided an update on the Centennial Fire District noting that the City is . pretty much on for the same number of calls as last year. She then said that the group discussed instituting a fine for having to go back to repeatedly inspect businesses that have been asked to correct a code violation. City Attorney Glaser indicated that Staff could set up an administrative fine. Mayor Capra wished everyone a Happy Holiday season. X. ADJOURNMENT Motion bv Council Member Lakso. seconded bv Council Member PaRr to adiourn . the December 13. 2006 City Council Meetinll at 9:30 p.m. All hi favor. Motion earried unanimouslv. Transcribed by: Joan Lenzmeier, Recording Secretary TimeSaver Off Site Secretarial, Inc. Page 18 of 19 ,20 Name 10100 MAIN STREET BANK Paid Chk# 021967 ABBA TROPHY Paid Chk# 021968 AFLAC Paid Chk# 021969 ANOKA COUNlY ELECTIONS Paid Chk# 021970 BONESTROO, ROSENE, Paid Chk# 021971 BURSTEIN - GLASER Paid Chk# 021972 BUSINESS FORMS & Paid Chk# 021973 CENTENNIAL LAKES POLICE Paid Chk# 021974 CINGULAR WIRELESS Paid Chk# 021975 CITY OF CIRCLE PINES Paid Chk# 021976 CROSS COUNTRY Paid Chk# 021977 DUANE BAKKEN Paid Chk# 021978 HD SUPPLY WATERWORKS Paid Chk# 021979 INSTRUMENTAL RESEARCH Paid Chk# 021980 KENNEDY & GRAVEN Paid Chk# 021981 MALCOLM B. ALLEN, JR. Paid Chk# 021982 MEDIATION SERVICES Paid Chk# 021983 MET. COUNCIL ENV. SERVo Paid Chk# 021984 MINNESOTA RURAL WATER Paid Chk# 021985 PUBLIC EMPLOYEES INS Paid Chk# 021986 STEPHAN, KIM Paid Chk# 021987 STEPHANIE WARNE Paid Chk# 021988 SWEENEY, KRIS Paid Chk# 021989 TIME SAVER Paid Chk# 021990 WINNICK SUPPLY Paid Chk# 021991 XCEL ENERGY ervii{e 'L"taEt:isIied1857 CITY OF CENTERVILLE 12/20/06 11 :20 AM Page 1 *Check Summary Register@) Check Date DECEMBER 2006 Check Amt 12/2712006 12/2712006 12/2712006 12/2712006 12/27/2006 12/2712006 12/2712006 12/2712006 12/2712006 . 12/27/2006 12/2712006 12/27/2006 12/27/2006 12/2712006 12/2712006 12/2712006 12/2712006 12/27/2006 12/2712006 12/27/2006 12/2712006 12/2712006 12/27/2006 12/2712006 12/27/2006 Total Checks $67.62 PLAQUE - P & Z - JEFF HANZAL $387.66 AFLAC - NOV. 2006 $73.71 2006 BALLOTS (2810) GENERAL EL $18,466.23 GENERAL - SERV THRU 11-25-06 $15,728.05 DOWNTOWN REDEVELOPMENT - SERV $122.90 W2 - ENVELOPES & 1099 $34,733.14 DEC. 2006 POLICE SERVICES $134.10 CELL PHONE SERVTHRU 12-09-06 $3,307.13 POLICE BUILDING DEBT SERVICE- $6,240.00 WESTVIEW STREETWATERMAlN $2,478.28 CITY OF CENTERVILLE V. SHEEHY $438.75 WATER METER $38.00 NOV. 2006 WATER TEST $142.50 PH CALL WI J MEYER RE: ABATEME $2,607.47 CITY OF CENTERVILLE V. SHEEHY $385.00 MEDIATION SERVICES $12,344.38 JANUARY 2007 WASTEWATER SERVlC $75.00 T. PETERSON - CROSS CONNECTION $22,648.60 JAN- 2006 INS. $28.49 MOPHEADS (3) $2,428.89 CITY OF CENTERVILLE V. SHEEHY $26.08 MILEAGE REIMBURSEMENT $496.19 12-5-06 P & Z MEETING $9.73 SUPPLIES $460.32 7285 MAIN STREET - SERV THRU 1 $123,868.22 NOTE: There will be an updated list of disbursements for approval on 12-27-06. Z/ Centennial Fire District Cbeck~ 1211312008 1118 cIrsIImsemeIIrs Ifsred .... are eubmiIed bJ the c.......aid Fire Dfsbict_ JCIUII' iIJIPl-al: DATE m312DD8 1211312DD6 1I2113f.1108 12/1312008 1211312DD8 1211312DD6 121113Q01D8 12/1312OD8 12J13121JD8 1211312OD8 12113I2DDB 12/1312OD8 12113l21li8 12/1312OD8 1211312008 CHECKt NAME ACCOUNT AMOUNT 15415 c.6a..liwI Flre RsIf8f r BS a r r If.... 15418 Center Malt 15417 c...dcoNdEIIeIrIJ 15418 Comcast 15419 fraIIlaIfaIIliB trau...... 15420 LoffIer Business Systems 15421 McI.eadI USA 15422 Milo Bennett 15423 UN Dept. of I..abor and IndusIry 15424 NexreI 15425 Qw8St 15428 Red Rooster Auto Stores 15421 Void 15428 Xc:eI Energy 15429 RMmd Tairorimg TaIaI ZJSII)- PapoIII ~... PayaIIre 42100 - Fuel and Lube 4225S- StatiDn 2- Gas 42180 - Office Supplies Expense 421110 - 0lI& MaID............. 42180 - Office Supplies Expense 42240 - T_... Expense 42130 - Equipment Expense 42110- 0hIr Wlr6di....__ 42240- Te/ephoIl8 Expense 42240 - T..,.... ExpeIIse 42130 - Equipment Expense CIDIO-Vaid 42254 - Station 2 - EIecIric 42120 - Unibm &pemse smmo 128.52 881.89 190.00 1121.18 24.83 382..88 1,331.00 lo.m 143.37 2114.28 52.14 CllCJO 504.25 ~ 4,802.54 1af1 ~ CENTENNIAL LAKES POUCE DEPT Check RegisIer POUCE GL GL Posting Period(e): 11106 -11106 Check Issue Daf8(s): 11110Q008 -111JOJ2OO8 Page: 1 Nov 29, 2008 12:2Opm Per Date Check No Vendor No 11106 11f.Z0J06 6017 Payee Invokle DescrIption FORFEITURE 1989 DODGE 40345 DEPUTY REGISTRAR 1150 Totals: Inv Amount 17.50 M 17.50 M = Manual Check, V = Void Check ~ CENTENNIAL LAKES POUCE DEPT Check ReghDr POLICE GL Page: 1 GL Posting Period(e): 12/08 - 12/08 Dee 13, 2006 02:05pm Check rssue DatB(e): 1210112008 -12114f.Z006 Per Date Check No Vendor No Payee Invok:e Description Inv Amount 1~ 121140) 6018 10125 A T.O.M. FTO BASIC 400.00 ~TIf'ICATlON 12/08 12/14106 6019 10155 ACTION RADIO & COMM. INC LIGHT SPOT EQUIP REP 107.74 VEH ELECTRICAl. 280.93 CONTROLLER CHEV TRUCK BUMPER 476.59 STROBE 69.17 FORD F150 BUMPER 476.59 EQUP REMOVAL 185.95 Total 6019 1,~6.97 12106 12/14106 6020 106B0 AMERICAN MESSAGING PAGER SERVICE NOV & 52..10 DEC 12/08 12/14J06 6021 10750 ANOKA COUNTY INTERNET ACCESS 576.48 SERVICE OCTOBER 1210B 12114106 6D22 10784 ANOKA COUNTY AnORNEV FORFEITURE 400.00 DISTRIBUTION 12/08 12/14J06 6023 11653 AUTo-MEDICS INC FORFEITURE 361.82 CONTRACTITOW TAURUS 12/08 12/14108 6024 20350 RUSSELL A BLANCK ROOFTOP FILTER 44.47 12106 12114108 6025 30065 CSKAUTO, INC MITZ MIRAGE 26.81 VlIPERSlFlLTERS 12/08 12/14108 6026 30063 CP TELCOM PHONESlLONG DIST 690.19 12106 12114108 fJt1Zl 30480 CENTENNIAL UTILITIES OCT USAGE 421.82 12106 12114106 6026 30750 CllY OF CIRCLE PINES POSTAGE 12118/06 TO 379.86 11128106 1210B 12114108 6029 31137 CONNEXUS ENERGY ELECTRIC 1.231.70 12/08 12114106 6030 31340 CRABTREE COMPANIES, INC LASERFICHE SUPPORT 303.90 1~ 12114108 6031 40700 DON'S CIRCLE SERVICE, lHe VEH OIL CHGS & 1,785.63 REPAIRS 12/08 12114106 6032 60650 FRATTALLONES HARDWARE, INC. EVIDENCE BAGS 81.58 121(15 12114108 6m3 70310 GALES AUTO BODY, INC 2005 CROWN VICTORIA 67.84 REPAIR 2004 IMPALA REPAIR 565.60 Total 6033 83324 12/08 12114106 6034 70500 GRAFIX SHOPPE, INC SQUAD 105 GRAPHIC 38.30 SQUAD 105 GRAPHIC 54.27 Total 6034 92.~ 1210B 12114108 ems 7D575 GENERAL OFRCE PRODUCTS CO CHAIR GLIDES 42.59 12/08 12/14106 6036 90040 INTOXlMETERS INTOXlLIZER 101.18 MOUTHPIECES 121(15 12114J06 6037 110204 KNOWIAN'SSUPER~S CAKE KNJFE 6.38 12/08 12114106 6038 130175 MAIN FLORAL, INC ' FLOWERS 38.88 121(15 12114108 6039 130810 UN DEPT OF FiNAIllCE FORFEITURE 200.00 DISTRIBUTION 12/08 12/14106 6040 130850 STATE OF MINNESOTA SALES TAX MITSUBlSHI 337.03 12106 121141Q8 6041 140075 NATIONAL CAMERA EXCHANGE 4 CAMERASlACCES 1.168.08 12/08 12114106 6042 140330 RON NELSOIIJ REFRIG FILTER 47.90 121(15 12114J06 6043 14D37D NEXTEL COPtft,WNlCATlONS CB.L PHONES 295.87 12108 12/14106 ElO44 150100 OFFICE MAX CONTRACT, INC SUPPLY RETURN 6.04- SUPPLY RETURN 3.81 - M = Manual Check, V = Void Check 21 CENTENNIAL LAKES POUCE DEPT Check RegIsfBr POUCE Gl GL Posting PerIod(s): 12108 - 12108 Check Issue DafB(s): 1210112008 -12114QOOB Page: 2 Dee 13, 2006 02:05pm Per CalB Check No Vendor No Payee Invoa DescrIption Inv Amount CALENDAR 2fI1.60 REFILLS,STAPLESlPAPER MONTHLY TABBED 14.25 REFILL Tofal6044 272.00 12106 12114J08 6045 160250 PETIY CASH I BRITNI AUSnN TOWELS VEHICLE 47.15 WASHING 12106 12114lO6 6048 160415 PITNEY BOWES INK CARTRIDGE 58.98 12106 12/14106 8047 180420 PITNEY BOWES POSTAGE BY PHOl\ POSTAGE 168.99 12106 12114108 6048 170180 Q\NESf PHONES 224.80 12/06 12/14m6 6049 180150 RED ROOSTER AUTO STORES VEH BATTERY 126.44 12106 12114<<18 6050 190210 DONALD SALVERDA & ASSOCIATES LEADERSHIP TRAINING 2,283.19 12/06 12/14106 8051 190375 SELECT ACCOUNT NOV SELECT ACCT FEES 16.00 12106 12/14108 6062 19O1S9O SHRED RIGHT SHREDDING 55.09 12/06 12/14106 8053 190625 SPEEDWAY SUPERAMERICA LLC NOV FUEL 3,459.58 12106 12114106 8054 200050 lWIN CmES EMEDIA,INC COMPUTER SUPPORT 150.00 12/06 12/14J06 8055 210110 UNIFORMS UNUMITED, INC UNIFORMS 302.08 1210B 12114D EDi6 230140 WALDOCH CUSTOM CENTERS '08 F150 UNERlTOPPER 1,498.44 12/06 12/14106 8057 230225 WAREHOUSE FITNESS FITNESS EQUIPMENT 2,033.00 To1aIs: 21 ,994.35 M = Manual a.crc. V = Void Check ~ Page 1 of 1 Teresa Bender From: Greg KieseIhorsl ~"ufpradudsinc.comJ Sent: Thursday, December 14, 200610:43 AM To: TBencfer@Centenmn.c:om Cc: Injohnson1@comcast.net; mschweilzer@schwlng.com;jsjohnson1@nunm.com SUIajed: licm"s Council Agenda Request Good Morning Teresa, Is It possible to get the CenterviDe Uons on Council's Agenda in early January? We'D be applying for a Temponuy GambIng PennII for a RafIe and a SpecIal Event Permit for the LIons Ice RshIng Contest for SaIunIay Febru8Iy 1"'f'b on CentelViBe Lake. I'D have the needed documents for you by end of month. Thank you. Greg Greg KieseJhorst ECAD DesIgner Control Produds Inc. www.controlproductsinc.com 1n4 Lake Drive West Chanhassen. MN 55317 USA gkieselhorst@controlproductsinc.com Phone: 952-381-4159 Fax: 952-448-1606 12/1412006 ,2SfA..J Anoka County Contract No.2006-oSS8 JOINT POWERS AGREEMENT FOR THE RECONSTRUCTION OF COUNTY STATE AID mGHW A Y NO. 14 (MAIN STREET) FROM I-35W to I-35E (COUNTY PROJECT NO. 02-614-24) This Agreement made and entered into this day of , by and between the County of Anoka, State of Minnesota. a political subdivision of the State of Minnesota. 2100 Third Avenue North. Anoka. Minnesota 55303, hereinafter referred to as "County", and the City of Centerville, 1880 Main Street, Centerville, MN 55038, hereinafter referred to as the "City". WITNESSETH WHEREAS, the parties of this agreement have long exhibited concern for the deteriorating condition and traffic capacity of County State Aid Highway 14 (Main Street); and, WHEREAS, the parties of this agreement consider it mutually desirable to reconstruct County State Aid Highway No. 14 (Main Street) from I-35W to I-35E to improve the level of service and safety of the intersections included therein; and, WHEREAS, the parties are mutually agreed that the reconstruction of County State Aid Highway 14 (Main Street) including construction of a bituminous trail/concrete sidewalk, storm sewer system and other utilities should be done as soon as possible; and, WHEREAS, the parties to this Agreement consider it mutually desirable to construct a new and permanent traffic control signal at the intersection of County State Aid Highway 54 (20th Avenue N) for the safety of the traveling public; and, WHEREAS, the parties to this agreement consider it mutually desirable to construct conduit and handholes at the intersections of CSAH 21 (Centerville Road) for possible future signalization: and, WHEREAS, the City wishes to construct streetscape features along portions of County State Aid Highway 14 (Main Street); and, WHEREAS, the County has received Federal funds through the Surface Transportation Program to improve County State Aid Highway 14 (Main Street); and, WHEREAS, the parties agree that the County shall cause the construction of County State Aid Highway 14 (Main Street); and, WHEREAS, the Anoka County Highway Department prepared plans and specifications for the improvements to County State Aid Highway 14 (Main Street) under Project No. S.P. 02-614-13 which plans and specifications are on file in the office of the County Engineer; and, WHEREAS, the parties have an existing Memorandum of Understanding ("MOU'~) dated November 23, 2005, regarding said project; and, 1 ~a Anoka County Contract No.2006-0558 WHEREAS, the parties agree that any extra work performed beyond that shown in the plans as bid shall be the responsibility of the requested party; and, WHEREAS, the parties agree that it is in their best interest that the cost of said project be shared; and, WHEREAS, Minnesota Statute 471.59 authorizes political subdivisions of the State to enter into joint powers agreements for the joint exercise of powers common to each. NOW, THEREFORE, IT IS MUTUALLY STIPULATED AND AGREED: I. PURPOSE The parties have joined together for the purpose of constructing the roadway, bituminous trail/concrete sidewalk, streetscape, drainage, traffic control system as well as other utilities on portions of County State Aid Highway No. 14 (Main Street) as described in the plans and specifications numbered S.P. 02-614-24 on file in the office of the Anoka County Highway Department (hereinafter collectively referred to as the "Project") II. METHOD The County shall provide all engineering services unless otherwise stated herein and shall cause the construction of the Project in conformance with said plans and specifications. The County shall do the calling for all bids and acceptance of all bid proposals except as to those portions of the project fully under the control and responsibility of the City. III. COSTS A. Construction 1. The contract costs of the work, or if the work is not contracted, the cost of all labor, materials, normal engineering costs and equipment rental required to complete the work, shall constitute the actual "construction costs" and shall be so referred to herein. "Estimated" costs are good faith projections of the costs which will be incurred for the Project. Actual costs may vary and those will be the costs for which the relevant parties will be responsible. 2. The estimated construction cost of the project (including County furnished materials) is $14,253,356.10. Federal funds available for the Project are capped at $6,523,550.00. The Federal funds shall be split based on the ratio of eligible cost incurred by each party to the total eligible project cost. Eligible costs are the costs of items that can participate in Federal funding as shown on Exhibit A. Participation in the construction costs is as follows: 1. The City shall pay one hundred percent (100%) of the hydrant and curb box relocation and. gate box adjustment as well as water and sewer relocation and construction. The estimated City cost of these items is $397,050.00. 2 . ,Z5C-- Anoka County Contract No.2006-0SS8 2. The City shall furnish and deliver to the construction site replacement hydrants for any hydrants, which are being relocated as a part of this project, which they want replaced. 3. The City shall provide construction observation for the relocation and reconstruction of their utilities and approve for acceptance the work whenever it is completed. 3a The City shall be responsible for any deficiencies associated with the relocation and reconstruction of the utilities that arise during or after the completion of the Project but retains its right to take recourse against any contractor or subcontractor for negligence, mistake, misrepresentation, fraud, malfeasance, or any issue arising outside of a contractor's warrantee. 4. The City shall pay one hundred percent (100%) for the non-participating and non-eligible portion of the storm sewer construction plus a percentage of the eligible portion of storm sewer construction. Storm sewer construction includes pipes, aprons, trash guards, catch basins, manholes, castings, rip rap, inlet protection, detention basins (including ponds and their outlet structures and grit chambers and/or collectors), and a portion of mobilization. The non-eligible and eligible portions are defined in the State Hydraulics letter. 4a The estimated cost of the non-participating storm sewer is $0.00 of which the estimated cost to the City is $ 0.00 (100%). 4b. The cost of the eligible portion will be split between the City and County based on the ratio of contributing flow determined by the product of contributing area and runoff coefficient. The estimated percentage of contributing flow from the City is Thirty Eight percent (38%). The total eligible estimated cost of the storm sewer is $1,439,844.00 of which the estimated share to the City using the standard County cost share policy is $547,140.72. The County shall credit the City $547,140.72 for this project for providing storm water ponding solutions for the project. The total estimated cost of storm sewer and detention basins (including ponds and their outlet structures and grit chambers and/or collectors) to the City is $0.00. 4c. The total non-eligible estimated cost of the storm sewer is $0.00 of which the estimated cost to the City is $0.00 (100%). 5. The City shall pay fifty percent (50%) of the cost of concrete curb and gutter (less median curb and gutter) in Centerville. The estimated total cost of curb and gutter including medians is $281,114.00, of which the City's estimated cost is $115,222.00. 6. The City shall pay one hundred percent (100%) of the cost of decorative median above the cost of concrete median. The City's estimated cost for decorative median is $0.00. 3 /.5d Anoka County Contract No.2006-0558 7. The City shall pay one hundred percent (100%) of the cost of streetscape items including but not limited to: median plantings, trees, tree grates, street lights, stamped concrete and other aesthetic treatments the City chooses to include with the. Project. The streetscape items shall be designed by a licensed landscape architect and meet the Anoka County Highway Department Landscape/Streetscape Guidelines. The City's estimated cost for streetscape items is $500,000.00. 8. The City shall provide construction observation for the construction of the streetscape items and approve for acceptance the work as it is completed. 8a. The City shall be responsible for any deficiencies associated with the construction of the streetscape items during or after the Completion of the Project but retains its right to take recourse against any contractor or subcontractor for negligence, mistake, misrepresentation, fraud, malfeasance, or any issue arising outside of a contractor's warrantee. 9. The City shall pay one hundred percent (100%) of the cost of new concrete including concrete aprons and/or bituminous driveway pavement for all upgraded driveways requested by the City. The City's estimated cost for driveway pavement is $0.00. 10. All driveways affected by the project will be reconstructed in-kind by the County at no cost to the City. Turn-arounds on driveways will be paid for by the County. 11. The City shall pay for one hundred percent (100%) of the cost of new sidewalk installed on the project including pedestrian curb ramps with truncated domes. The City's estimated cost for new sidewalk is $97,617.25. 12. In place concrete walk will be replaced by the County at no cost to the City. . 13. The City shall pay one hundred percent (100%) of the cost of new bituminous trails. This cost includes pavement, aggregate base, soil correction (including lightweight fill and geotextile fabric if applicable) and additional embankment work necessary to construct the trail as well as any retaining walls and fences that are required due to the trail that would not be required without the trail. The City's estimated cost for the trail is $484,777.50. The County agrees to apply for funding through the Metropolitan Council Metro Parks Trail Program for up to fifty percent (50%) of the cost of the local match for the trail construction for possible reimbursement to the City after construction. The local match is estimated as $250,775.40 of which $125,387.70 will be applied for under the Metro Park Trail Program. Anoka County agrees to place this reimbursement among the County's list of priorities for funding in the :first biennium of the capital improvement plan to be funded from the Metropolitan Regional Parks Capital Improvement Program. County staff will do everything 4 ~ Anoka County Contract No.2006-0SS8 within its power to secure such funding including pursuing special appropriations from the legislature if it appears feasible. 14. As the City of Centerville has a population of less than 5000 people, the City shall pay zero percent (0%) of the cost of construction and installation of the whole traffic actuated signal system at CSAH S4 (including County supplied materials). 15. The County shall pay one hundred percent (100%) of all interconnect costs. 16. The City shall pay one hundred percent (100%) of Emergency Vehicle Pre-emption (EVP) costs. The City's estimated cost for EVP is $7,500.00. 17. The City shall pay their share of mobilization and field office for City non-participating items. The City's estimated cost of these items is $35,750.00 18. The City shall pay their share of traffic control for City non-participating items. The City's estimated cost of these items is $4,750.00 19. The total estimated construction cost to the City for the project is summarized below: 1 Construction and Adjustment of Local Utilities 2 Grading, Base and Bituminous 3 Storm Sewer 4 Detention Basins (included in Storm Sewer) 5 Concrete Curb & Gutter 6 Decorative Medians 7 Streetscape Features 8 Driveways 9 Concrete Sidewalk 10 Trails 11 Street Lights (included in Streetscape) 12 Traffic Signals 13EVP 14 Mobilization, Field Office 15 Traffic Control Total Estimated Share of Construction Cost to the City Estimated Federal Funds available to the City Total Cost less Federal Funds Total Construction Cost to City 5 $397,050.00 $0.00 $0.00 $0.00 $115,222.00 $0.00 $500,000.00 $0.00 $97,617.25 $484,777.50 $0.00 $0.00 $7,5000.00 $35,750.00 $4,750.00 $1,642,666.75 $468,793.00 $1,173,874.07 $1,173,874.07 ~s.,o Anoka County Contract No.2006-0558 3. The total estimated construction cost to the City (less Federal Funds) for the project is $ $1,173,874.07 as shown on the attached Exhibits A and B. The City participation in construction engineering will beat a rate of eight percent (8%) of their designated share. The estimated cost to the City for construction engineering is $131,413.34. The grand total estimated construction cost to the City for the Project is $1,305,287.41. 4. Upon award of the contract, the City shall pay to the County, upon written demand by the County, twenty percent (20%) of its portion of the cost of the project estimated at $261,057.48. The City shall pay an additional thirty percent (30%) estimated at $391,586.22 to the County on June 1,2007 and forty-five percent (45%) estimated at .$587,379.33 on June 1,2008. The City's share of the construction cost of the project shall include only construction and construction engineering expense and does not include administrative expenses incurred by the County. 5. Upon final completion of the project, the City's share of the construction cost will be based upon actual construction costs. If necessary, adjustments to the initial ninety five percent (95%) charged will be made in the form of credit or additional charges to the City's share. Also, the remaining five percent (5%) estimated at $65,264.37 of the City's portion of the construction costs shall be paid. B. Design The City shall be responsible for design costs for. plan changes and additions the City requested following the approval of the Memorandum of Understanding. The following changes/additions have been requested by the City: 1. Analyze and provide plans for CSAH 54 south of CSAH 14 using a rural design for an office park development on the west side of CSAH 54. The City's cost for this design is $6,550.00 2. Analyze and provide layouts for CSAH 54 south of CSAH 14 as an urban section. The City's cost for this design is $5,200.00 3. Incorporate Streetscape plan and specifications into Project. The City's estimated cost for this design is $6,800.00 4. The total estimated design cost for the City is $18,550.00. 6. Upon award of the contract, the City shall pay to the County, upon written demand by the County, on hundred percent (100%) of its portion of the design cost of the project estimated at $ 18,550.00. The City's share of the design cost of the project shall include only design engineering expense and does not include administrative expenses incurred by the County. 6 ~ Anoka County Contract No.2006-0558 IV. TERM This Agreement shall continue until terminated as provided hereinafter. v. DISBURSEMENT OF FUNDS All funds disbursed by the County or City pursuant to this Agreement shall be disbursed by each entity pursuant to the method provided by law. VI. CONTRACTS AND PURCHASES All contracts let and purchases made pursuant to this Agreement shall be made by the County and City in conformance to the State laws. VII. STRICT ACCOUNTABILITY A strict accounting shall be made of all funds and report of all receipts and disbursements shall be made upon request by either party. VIII. TERMlNA nON This Agreement may be terminated by either party at any time, with or without cause, upon not less than thirty (30) days written notice delivered by mail or in person to the other party. If notice is delivered by mail, it shall be deemed to be received two (2) days after mailing. Such termination shall not be effective with respect to any solicitation of bids or any purchases of services or goods which occurred prior to such notice of termination. The City shall pay its pro rata share of costs which the County incurred prior to such notice of termination. IX. RIGHT OF WAY The parties agree that the County will acquire all necessary right-of-way and easements for the Project. The parties agree that parcels required for the project that are owned by the City will be conveyed to the County at no cost to the County. The parties agree that any properties acquired by the County within Centerville that are in excess of the right-of-way needed for the project and are "uneconomic remnants" shall be conveyed to the City. The City shall have the first right of refusal to purchase marketable excess property at appraised market values that the county has purchased. The value of the City lands conveyed to the County (as determined by appraisal) shall be credited against the purchase price of any parcels that the City chooses to purchase. It is agreed by the parties that the City shall perform all special assessment searches required for the Project at no cost to the County. It is agreed by the parties that all necessary right of way and easements will be in legal possession of the County prior to acceptance of bids for the project. x. SIGNALIZATION POWER The City shall at their sole expense, install or cause the installation of an adequate electrical power source to the service cabinet for the intersection of Main Street and CSAH 54 (20th Avenue North) including necessary extension of power lines. The City shall be the lead agency in this matter.. Upon completion of said traffic control signal installation, the ongoing cost of the electrical power to the signal shall be the sole cost and expense of the City. 7 . ,Z-s:{ Anoka County Contract No.2006-oSS8 XI. NUUNTENANCE 1. Maintenance of the completed watermain, sanitary sewer, storm sewer (except catch basins and catch basin leads), detention basins (including ponds and their outlet structures and any grit chambers and/or collectors) shall be the sole obligation of the City. 2. Maintenance of all trails and sidewalks, including snow plowing, shall be the sole responsibility of the City. 3. Maintenance of streetlights and cost of electrical power to the streetlights shall be the sole obligation of the City. 4. The City shall be responsible to maintain all streetscape features installed with the Project. Maintenance shall be performed in accordance with the "Anoka County Highway Department landscape/Streetscape Guidelines dated June 2000." 5. Maintenance of the completed signals and signal equipment shall be the sole obligation of the County. 6. The County shall maintain the traffic signal controller, traffic signal and pedestrian indications, loop detectors and associated wiring of the said traffic control signals at the sole obligation of the County. 7. Painting of the traffic signals shall be the sole obligation of the County. Any variation of painting color standards will be billed to the City. 8. Timing of the traffic signals shall be determined by the County. 9. Only the County shall have access to the controller cabinets. 10. The traffic control signals shall be the property of the County. 11. The City shall be responsible for maintenance of the luminaries, lurninaire relamping, and luminaire painting. 12. All maintenance of the EVP Systems shall be completed by the County. The City shall be billed by the County on a quarterly basis for all incurred costs. 13. EVP Emitter Units may be installed on and used only by Emergency Vehicles responding to an emergency as defined in Minnesota Statutes ~I69.0I, Subdivision 5, and ~I69.03. The City shall provide a list to the County Engineer, or the County's dwy appointed representative, of all such vehicles with emitter units on an annual basis. 14. Malfunctions of the EVP Systems shall be immediately reported to the County. 15. All timing of said EVP Systems shall be determined by the County. 8 ~. Anoka County Contract No.2006-0SS8 16. In the event said EVP Systems or components are, in the opinion of the County, being misused, or the conditions set forth are violated, and such misuse or violation continues after receipt by the City, written notice thereof from the County, the County shall remove the EVP Systems. Upon removal of the EVP Systems pursuant to this paragraph, the field wiring, cabinet wiring, detector receiver, infrared detector heads and indicator lamps and all other components shall become the property of the County. XII. NOTICE For purposes of delivery of any notices hereunder, the notice shall be effective if delivered to the County Administrator of Anoka County 2100 Third Avenue North, Anoka, Minnesota 55303, on behalf of the County, and the City ofCenterville, 1880 Main Street, Centerville, MN 55449, on behalf of the City XIII. INDEMNIFICATION The City and the County mutually agree to indemnify and hold harmless each other from any claims, losses, costs, expenses or damages resulting from the acts or omissions of the respective officers, agents, or employees relating to activities conducted by either party under this Agreement. XIV. ENTIRE AGREEMENT REQUIREMENT OF A WRITING It is understood and agreed that the entire agreement of the parties is contained herein and that this Agreement supersedes all oral agreements and all negotiations between the parties relating to the subject matter thereof, as well as any previous agreement presently in effect between the parties to the subject matter thereof except to the extent of specific references made to the Memorandum of Understanding as signed by the parties effective November 23, 2005. Any alterations, variations, or modifications of the provisions of this Agreement shall be valid only when they have been reduced to writing and duly signed by the parties. 9 25; ~ Anoka County Contract No.2006-0558 IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands on the dates written below. COUNTY OF ANOKA By: Margaret Langfeld, Chair Anoka County Board of Commissioners Dated: ATTEST By: John "Jay" McLinden Anoka County Administrator . Dated: RECOMMENDED FOR APPROVAL By: Douglas W. Fischer, P.E. Anoka County Engineer Dated: APPROVED AS TO FORM By: Dan Klint Assistant Anoka County Attorney Dated: CITY OF CENTERVILLE By: Dated: By: Dated: By: Dated: By: Dated: 10 Mary Capra City of Centerville Mayor Dallas Larson City of Centerville Administrator Mark Statz, P .E. City Engineer Kurt B.Glaser City Attorney 25i. .E.NGINE.ER.'S COpy II Owner. City of CenteMlle, 1880 Main St., Centerville, MN 55038 Date: . December 8, 2006 For Period: 12/1/2006 to 12/8/2006 ReQuest No: 1 AND FINAL Contract9r. Precision Excavatina and Grading LLC, 2104 Pierce/Saint Croix Rd., Baldwin, WI 54002 CONTRACTOR'S REQUEST FOR PAYMENT BLOCK 7 REPLACEMENT - GRADING AND UTlUTY IMPROVEMENTS BRA FILE NO. 000616-06152-0 SUMMARY Original Contract Amount $ 124,548.00 2 Change Order - Addition $ 0.00 3 Change Order - Deduction $ 0.00 4 Revised Contract Amount $ 124,548.00 5 Value Completed to Date $ 132,384.50 6 Material on Hand $ 0.00 7 Amount Eamed $ 132,384~50 8 Less Retainage 0% $ 0.00 9 Subtotal $. 132,384.50 10 Less Amount Paid Previously $ 0.00 11 Uquidated damages - $ 0.00 12 AMOUNT DUE THIS REQUEST FOR PAYMENT NO. 1 AND FINAL $ 132,384.50 Recommended for Approval by: BONESTROO, ROSENE, ANDERLlK & ASSOCIATES, INC. Approved by Contractor. PRECISION EXCAVATING AND GRADING LLC ~'''- ~, - p~ Approved by Owner. CITY OF CENTERVILLE Specified Contract Completion Date: Date: 61606152REQ1FINALxIs ,Z Contract Unit Current Quantity Amount No. Item Unit Quantity Price Quantity to o ate to Date PART 1 . SITE GRADING: 1 MOBILIZATION LS 1 5000.00 1 1 $5,000.00 2 TRAFFIC CONTROL LS 1 750.00 1 1 $750.00 3 CLEAR AND GRUB LS 1 750.00 1 1 $750.00 4 REMOVE UTILITY POLE EA 1 250.00. 1 1 $250.00 5 SALVAGE AND REINSTALL SIGN EA 9 50.00 9 9 $450.00 6 SILT FENCE, REGULAR LF 1200 2.00 1200 1200 $2,400.00 7 COMMON EXCAVATION (P) CY 550 4.00 100 100 $400.00 8 TOPSOIL BORROW (LV) CY 375 16.00 150 150 $2,400.00 9 SALVAGE AND RESPREAD TOPSOIL LS 1 5000.00 1 1 $5,000.00 10 TEMPORARY MULCH AND DISC ANCHORING AC 2 500.00 $0.00 11 PROTECTION OF CATCH BASIN IN STREET EA 2 75.00 . $0.00 12 TEMPORARY ROCK CONSTRUCTION ENTRANCE EA 1 1000.00 1 $1,000.00 TOTAL PART 1 - SITE GRADING:. $18,400.00 PART 2. SANITARY SEWER: 13 REMOVE SANITARY SEWER MANHOLE EA 1 500.00 1 1 $500.00 14 REMOVE 8" SANITARY SEWER PIPE LF 136 5.00 144 144 $720.00 15 ABANDON SANITARY SEWER SERVICE EA 5 100.00 5 5 $500.00 16 CONNECT TO EXISTING MANHOLE EA 2 1000.00 3.5 3.5 $3,500.00 17 8" PVC SANITARY SEWER, SDR 26 LF 548 25.00 588 588 $14,700.00 18 8" PVC PLUG EA 1 30.00 2 2 $60.00 19 4' DIAMETER SANITARY MH, 8' DEEP EA 2 1750.00 2 2 $3,500.00 20 4' DIAMETER SANITARY MANHOLE OVERDEPTH LF 21 200.00 21 21 $4,200.00 21 RECONNECT 4" SANITARY SEWER SERVICE EA 4 150.00 4 4 $600.00 22 8" X 4" PVC WYE EA 4 75.00 4 4 $300.00 23 4" PVC, SCH. 40 RISER PIPE LF 44 20.00 92 92 $1,840.00 24 IMPROVED PIPE FOUNDATION PER 6" INCREMENT LF 548 2.50 2576 2576 $6,440.00 TOTAL PART 2 - SANITARY SEWER: $36,860.00 PART 3 . WATER MAIN: 25 SALVAGE GATE VALVE AND BOX EA 1 400.00 1 1 $400.00 26 REMOVE REDUCER .EA 1 250.00 1 1 $250.00 27 ABANDON WATER SERVICE EA 1 500.00 1 1 $500.00 28 CONNECT TO EXISTING WATER MAIN EA 1 800.00 1 1 $800.00 29 12" PVC WATER MAIN LF 874 28.00 885 885 $24,780.00 30 22" STEEL CASING PIPE LF 45 205.00 45 45 $9,225.00 31 6" PVCWATER MAIN . LF 12 25.00 22 22 $550.00 32 12" GATE VALVE AND BOX EA 3 1800.00 3 3 $5,400.00 33 INSTALL HYDRANT EA 3 2200.00 3 3 $6,600.00 34 6" GATE VALVE AND BOX,IN PLACE EA 2 950.00 3 3 $2,850.00 35 12" FITTING RESTRAINT EA 18 85.00 20 20 $1,700.00 36 8" FITTING RESTRAINT EA 2 50.00 2 2 $100.00 37 6" FITTING RESTRAINT EA 10 35.00 10 10 $350.00 38 12" X 8" CROSS EA 1 510.00 1 1 $510.00 39 8" PLUG EA 2 48.00 4 4 $192.00 40 12"X6"TEE EA 2 400.00 3 3 $1,200.00 41 12" 90 DEGREE BEND EA 2 335.00 2 2 $670.00 42 12" X 6" REDUCER EA 1 215.00 1 1 $215.00 43 CONNECT TO EXISTING WATER SERVICE EA 1 150.00 1 1 $150.00 44 1" TYPE "K" COPPER WATER SERVICE LF 40 20.00 54 54 $1,080.00 45 1" CORPORATION STOP EA 1 125.00 1 1 $125.00 46 1" CURB STOP AND BOX EA 1 150.00 1 1 $150.00 47 WATERMAIN OFFSET LS 1 1200.00 1 1 $1,200.00 48 IMPROVED PIPE FOUNDATION PER 6" INCREMENT LF 830 2.50 2883 2883 $7,207.50 TOTAL PART 3 - WATER MAIN: $66,204.50 PART 4. STREETS: 49 SAWING BITUMINOUS PAVEMENT LF 90 3.00 90 90 $270.00 50 RECLAIM BITUMINOUS PAVEMENT SY 1630 1.50 1630 1630 $2,445.00 51 REMOVE BITUMINOUS PAVEMENT SY 20 2.50 20 20 $50.00 . 52 SUBGRADEEXCAVATlON CY . 300 6.00 $0.00 53 RESPREAD RECLAIMED MATERIAL SY 1630 1.00 1630 . 1630 $1,630.00 54 AGGREGATE BASE, CLASS 5 TN 450 14.50 450 450 $6,525.00 TOTAL PART 4 - STREETS: $10,920.00 61606152REQl FINALlds ,21 No. Contract Unit Quantity Item TOTAL PART 1 - SITE GRADING: TOTAL PART 2 - SANITARY SewER: TOTAL PART 3 - WATER MAIN: TOTAL PART 4 - STREETS: TOTAL WORK COMPLETED TO DATE 61606152REQ1F1NALxIs Unit Price Quantity to Date Current Quantity Amount to Date $18,400.00 $36,860.00 $66,204.50 $10,920.00 $132,384.50 ;?P , I PROJECT PAYMENT STATUS OWNER . CITY OF CENTERVILLE BRA FILE NO. 000616-06152-0. CONTRACTOR PRECISION EXCAVATING AND GRADING LLC CHANGE ORDERS No. Date Description Amount I Total Change Orders PAYMENT SUMMARY No. From 1 AND FINAL 12/01/2006 To 12/08/06 Payment 132,384.50 Retainage Completed 132,384.50 Material on Hand Total Pavrnent to Date $132,384.50 Original Contract $124,548.00 Retainaae Pav No 1 AND FINAL Chanae Orders Total Amount Earned $132,384.50 Revised Contract $124,548.00 61606152REQ1 FINAL.xIs ,ZJ tervi{{e T,staf,lisftea 1857 1880 !Main Street, CenteruiIle. !M.!N 5.5038 6.51-429-3232 or p~ 651-429-8629 December 19, 2006 Memo to Council: Attached is a draft labor agreement with Union Local 49 for public works employees, together with my summary letter to the Union and their acceptance letter. The agreement is within the guidelines established by the Council prior to negotiations. The Union's acceptance letter notes that standby pay applies to the actual holiday not the "observed holiday" as I suggested to them. Since it is only paid for one or the other , it really doesn't make any difference to the City whether the pay is on the observed day or the actual holiday. Of course the stand-by issue is within the control of the city to assign or not. Finally, we are implementing a memorandum of understanding (MOU attached) regarding employees with CDL commercial driver licenses. This MOU suggests a process whereby we may choose to keep an employee with a suspended CDL on other duties that do not require a CDL. The process is optional with the employer and until we once use it doesn't bind us to implement the process. While not in the labor contract, we have agreed to continue discussion of creating a post- employment health plan. Neither party is obligated to agree to this if they don't see a benefit. I recommend approval of the Labor Agreement and approval of the Memorandum of Agreement regarding CDL drivers (subject to city attorney review). Dallas Larson, Administrator j9~ tervi{{e T,sf;a6fis1ied 1857 1880 !Main Street, CenterviIJ'e. !M!N .5.50J8 651-429-3232 orPtlJ(651-429-8629 December 13, 2006 Todd Doncavage Union Local 49 2829 Anthony Lane South Minneapolis, MN 55418-3285 Re: 2007-2009 Agreement Dear Mr. Doncavage: I am writing this letter to summarize the issues that we have tentatively agreed to, in order that you may review them with your membership and determine if the members will approve an agreement. 1) Contract term. shall be three years 2) Wages shall be increased three percent per year. The city will insert its new Pay Equity- pay schedule, effective July 1, 2007, however the top rate for this unit is the same as the prior schedule, except the covered positions will be in Pay Grade 6 and the number of steps is reduced from ten to nine. 3) Insurance. The maximum City contribution for insurance benefits per month shall be: 2007-$880, 2008-$900, 2009-925. 4) Pension. City agrees to participate, at the option of the unit, in Local 49 central pension (CPF)with the entire contribution being from employee funds. Unit membership shall decide by January 31, 2007 whether to participate. The opportunity to decide to participate in CPF shall reopen during December of 2007 and 2008. 5) PTO time. Section 22.4 shall be corrected to reflect that 22 days and 176 hours is maximum accumulation. 6) Clothing Allowance. Clothing allowance shall be increased to $375 in 2007 and shall remain at that rate until January 1, 2009, at which time it will be raised to $400. 7) Stand-by pay shall be $15 per day for weekdays and $45 per day for weekend days. Holiday amount will remain at the current rate and shall be for the "observed holiday." 8) Employer will work with staff to permit shorts to be worn for certain tasks where in the opinion of the employer, safety would not be compromised. No amendment would be made to the agreement in this regard. ,3tJ 9) City would approve a memOl1lndum of understanding on a non-binding tlexible policy for handling CDL license issues as requested by Loca149. 10) Recall to duty. Language requested by Employer would be added to Section 12 clarifying policy on ca1l-out pay. 11 ) Employer and Union will continue to discuss implementing a health care savings plan. Neither side expresses its commitment to agree to any funding formula or for a plan. The agreement will be prepared and submitted to the union upon notification that these are acceptable changes to the agreement. Thank you. Yours truly, Dallas Larson, City Administrator 300-./ DRAFT CITY OF CENTERVlLLE AND I.U.O.E., LOCAL 49 MEMORANDUM OF UNDERSTANDING Commercial DrIver's License The purpose of this Memorandum of Understanding is to assist both Labor and Management in dealing with Commercial Drivers Ucense (CDl) rules and the pending changes to those rules. The following conditions will apply to employees in the local 49 Bargaining Unit. A If an employee temporarily loses hislher driver's license and CDL, the employer may choose, on a case-by-case basis, to accommodate the employee by assigning himlher to duties that do not require a driver's Iicense/CDl, not to exceed twelve (12) months during the employee's tenure with the City, and/or not to exceed two (2) revocations as a result of driving violations. B. If the temporary loss of a driver's license is the result of an alcohol-related offense, the employee will be required to comply with the recommendations of a licensed Substance Abuse Professional. Proof of compliance with the Substance Abuse Professional recommendations will be provided to the Employer before an employee will be permitted to return to work. C. The application of this agreement will begin for an individual as of the date of his/her license revocation regardless of subsequent procedures contesting the revocation. D. This Memorandum of Understanding applies to driving violations outside the workplace. E. This Memorandum of Understanding does not include positive test results from applicable state or federal required testing procedures, including but not limited to random testing. F. A $2.00 per hour decrease in pay will begin as of the revocation date. Any hourly wages not paid to an employee during the revocation of the employee's driver's license/CDl will not be reimbursed regardless of the outcome of any subsequent contesting of the revocation. This Memorandum will remain in effect from January 1, 2007, through December 31, 2009. This agreement may be terminated by either party's request with 90 days written notification. As of January 1, 2010, this Memo may be extended, modified, or eliminated at either party's request. For the City of Centerville: For IUOE, Local 49: Dallas Larson, City Administrator Todd Doncavage, Area Business Rep. Teresa Bender, City Clerk Tedd Peterson, Steward 3tJiJ International Union of Operating Engineers LOCAL NO. 49, 49A, 49B, 49D, AND 49E MINNESOTA · NORTH DAKOTA · SOUTH DAKOTA (East Half) THOMAS H. PARISEAU, President JOSEPH L RYAN, Vice President KYLE D.JONES, Recording-Corresponding Secretuy JAMES J. HANSEN, Treasurer GLEN D.JOHNSON Business Manager/Fmancial Secretary Affiliated with the A.F.L - C.I.O. 2829 AndlOOY Lane South, Minneapolis, MN 55418-3285 Phone (612) 788-9441 · Toll Free (866) 788-9441 · Fax (612) 788-1936 December 18, 2006 Sent via e-mall and U.S. Mail Dallas Larson City Administrator 1880 Main Street Centerville, MN 55038 Dear Dallas: Members ofLoca149 employed at the City of Centerville, by majority vote, have accepted with one exception the contract proposal from December 13,2006. As we discussed on the phone,' Local 49's understanding was not to make any changes to the holiday on-call language in Article XXI, section 21.2. Therefore, the additional holiday compensation would be paid on the actual holiday and not the "observed holiday" as referenced in the city's proposal. You indicated on the phone that this change was acceptable to the City and thus the accepted contract changes will be in 'effect from January 1, 2007 through December 31, 2009. Local 49 and its members in Centerville appreciate your cooperation in reaching a fair settlement in a timely manner. In that spirit, I will work to get a final draft of the changes returned to you for approval by the end of the YF' Please feel free to contact me on my cell phone at anytime with any concerns. Thafnumber is 612-366-1049 Respectfully, 7rl/D Todd Doncavage Area Business Representative LU.a.E., Loca149 ~ECEIVED " " DEe 1 9 Z006 ~ CENTERVILLE, MN cc: Tedd Peterson, Steward (U.S. Mail) 3/ LABOR AGREEMENT BETWEEN CITY OF CENTERVILLE, MINNESOTA AND THE INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL NO. 49 AFL-CIO January 1, 2007 through December 31, 2009 3J- ARTICLE . ARTICLE I ARTICLE II ARTICLE III ARTICLE IV ARTICLE V ARTICLE VI ARTICLE VII ARTICLE VIII ARTICLE IX ARTICLE X ARTICLE XI ARTICLE XII ARTICLE XIII ARTICLE XIV ARTICLE XV ARTICLE XVI ARTICLE XVII ARTICLE XVIII ARTICLE XIX ARTICLE XX ARTICLE XXI ARTICLE XXII ARTICLE XXIII INDEX PAGE Purpose of Agreement ...... ...... ..................... 4 Definition ... ...... .................. ... ............... ...... 4 Recognition ................................................. 5 Union Security ....................................... ....... 5 Employer Security ... ... ... ... ...... ... ...... ...... ...... ... 6 Employer Authority. ... ... ... ... ... . .. ... ... . .. '" ... ... .. . .. 6 Employee Rights - Grievance Procedure ............. 6 7.1 Definition of a Grievance.......................... 6 7.2 Union Representatives............................. 6 7.3 Processing of a Grievance ........................ 6 7.4 Procedure (Steps 1,2,3,4 and 5)... .......~. ...... 7 7.5 Arbitrator's Authority... ... ... ... ... ... ... ... ... ... ... 8 7.6 Waiver... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 8 7.7 Choice of Remedy... ................................. 8 Savings Clause ............................................. 9 Non-Discrimination ........................................ 9 Work Schedules ..................... ........................ 9 Overtime Pay ................................................. 10 Call Back ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .... 10 Legal Defense ................................................. 11 Right of Subcontract ..................... ......... ............ 11 Discipline ........................................................ 11 Seniority ......................................................... 11 Probationary Periods ... ... ... ... ... ... ... ... ... ... ... ... ..... 11 Safety. .. ... ... ... ... ... ... .. . ... ... ... ... . .. ... ... ... ... ... ... . .. 12 Job Posting ..................................................... 12 Insurance ... ...... ... ... ... ~.. ... ... ... ... ... ... ... ... ... ... ..... 12 Holidays... ... ... ... ... ... ... ... ... ... ...... ... ... ... ... ... .:. ..... 13 Personal Time Off... ... . . . ... ... ... ... ... . . . ... ... ... ... ... .. . . 13 Wages............ ............ ... .............................. 14 2 33 ARTICLE XXIV ARTICLE XXV ARTICLE XXVI ARTICLE XXVII ARTICLE XXVII Standby Pay ............................................... Safety ShoeslWork Clothesl and Eyeglasses.. . 14 14 Compensatory Time............................................ 15 Waiver ............................................................ 15 Duration ........................................................... 15 Signatures ........................................................ 16 Appendix A (Wages) ........................................... 17 Appendix B (Insurance) ... ~..... .............................. 18 \i; 3 34 - . LABOR AGREEMENT Between THE CITY OF CENTERVILLE And INTERNATIONAL UNION OF OPERATING ENGINERERS LOCAL NO. 49 AF L-C 10 ARTICLE I - PURPOSE OF AGREEMENT This AGREEMENT is entered into between the City of Centerville, hereinafter called the EMPLOYER, and Local No. 49, International Union of Operating Engineers, AFL-CIO, hereinafter called the UNION. The intent and purpose of this AGREEMENT is to: 1.1 Establish certain hours, wages, and other conditions of employment; . 1.2 Establish certain procedures for the resolution of disputes concerning this AGREEMENT'S interpretation and/or application; 1.3 Specify the full and complete understanding of the parties; 1.4 Place in written form the parties' agreement upon terms and conditions of employment for the duration of this AGREEMENT. The EMPLOYER and the UNION, through this AGREEMENT, continue their dedication to the highest quality of public service; Both parties recognize this AGREEMENT as a pledge of this dedication. . ARTICLE II - DEFINITIONS 2.1 UNION: The International Union of Operating Engineers, Local No. 49, AFL- CIO. 2.2 EMPLOYER: The City of Centerville. 2.3 UNION MEMBER: A member of the International Union of Operating Engineers, Local No. 49, AFL-CIO. 2.4 EMPLOYEE: A member of the exclusively recognized bargaining unit. (Define Laid Off Employee; New Hire Employee; & Re-Hire Employee). 2.5 BASE PAY RATE: The employee's hourly pay rate exclusive of longevity or any other special allowance. 4 I .30- 2.6 SENIORITY: Length of continuous service in any of the job classifications covered by ARTICLE 11I- RECOGNITION. Employees who are promoted from a job classification covered by this AGREEMENT and return to a job classification covered by this AGREEMENT shall have their seniority calculated on their length of service under this AGREEMENT for purposes of promotion, transfer and layoff and total length of service with the EMPLOYER for other benefits under this AGREEMENT. 2.7 SEVERANCE PAY: Payment made to an employee upon honorable termination of employment. 2.8 OVERTIME: Work performed at the express authorization of the EMPLOYER in excess of either eight (8) hours within a twenty-four (24) hour period (except for shift changes) or more than forty (40) hours within a seven (7) day period. 2.9 CALL BACK: Return of an employee to a specified work site to perform assigned duties at the express authorization of the EMPLOYER at a time other than an assigned shift. An extension of or early report to an assigned shift is not a call back. ARTICLE III - RECOGNITION The EMPLOYER recognizes the UNION as the exclusive representative under Minnesota Statutes, Section 179.71, Subd. 3, for all employees of the City of Centerville Public Works Department who are public employees within the meaning of Minnesota Statute 179A.03, Subd. 14, excluding clerical, engineering, supervisory, and confidential employees. ARTICLE IV - UNION SECURITY In recognition of the UNION as the exclusive representative the EMPLOYER shall: 4.1 Deduct each payroll period an amount sufficient to provide the payment of dues established by the UNION from the wages of all employees authorizing in writing such deduction, and 4.2 Remit such deduction to the appropriate designated officer of the UNION. 4.3 The UNION may designate certain employees from the bargaining unit to act as Steward(s) and shall inform the EMPLOYER in writing of such choice. 4.4 The UNION agrees to indemnify and hold the EMPLOYER harmless against any and all claims, suits, orders or judgments brought or issued against the City as a result of any action taken or not taken by the City under the provisions ofthis Article. ARTICLE V - EMPLOYER SECURITY 5 3~ The UNION agrees that during the life of this AGREEMENT, it will not cause, encourage, participate in or support any strike, slow down, other interruption of or interference with the normal functions of the EMPLOYER. ARTICLE VI- EMPLOYER AUTHORITY 6.1 The EMPLOYER retains the full and unrestricted right to operate and manage all manpower, facilities, and equipment; to establish functions and programs, to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select,direct and determine the number of personnel; to establish work schedules; and to perform any inherent managerial function not specifically limited by this AGREEMENT. 6.2 Any term and condition of employment not specifically established or modified by this AGREEMENT shall remain solely within the discretion of the EMPLOYER to modify, establish or eliminate. ARTICLE VII- EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 7.1 DEFINITION OF A GRIEVANCE - A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this AGREEMENT. 7.2 UNION REPRESENTATIVES - The EMPLOYER will recognize representatives designated by the UNION as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The UNION shall notify the EMPLOYER in writing of the names of such UNION representatives and of their successors when so designated. 7.3 PROCESSING OF A GRIEVANCE - It is recognized and accepted by the UNION and the EMPLOYER that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the EMPLOYEES and shall therefore be accomplished during normal working hours only when consistent with such EMPLOYEE duties and responsibilities. The aggrieved EMPLOYEE and the UNION REPRESENTATIVE shall be allowed a reasonable amount of time without loss of pay when a grievance is investigated and presented to the EMPLOYER during normal working hours provided the EMPLOYEE and the UNION REPRESENTATIVE have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the EMPLOYER. . 7.4 PROCEDURE - Grievances, as defined by Section 7.1, shall be resolved in conformance with the following procedure: 6 31 SteD 1. . An employee claiming a violation concerning the interpretation or application of this AGREEMENT shall, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance to the EMPLOYEE'S supervisor as designated by the EMPLOYER. The EMPLOYER- designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the AGREEMENT allegedly violated, and the remedy requested, and shall be appealed to Step 2 within ten (10) calendar days after the EMPLOYER- designated representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the UNION within ten (10) calendar days shall be considered waived. SteD 2. If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER-designated Step 2 representative. The EMPLOYER-designated representative shall give the UNION the EMPLOYER'S Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the EMPLOYER-designated representative's final Step 2 answer. Any grievance not appealed in writing to Step 3 by the UNION within ten (10) calendar days shall be considered waived. SteD 3. If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER-designated Step 3 representative. The EMPLOYER-designated representative shall give the UNION the EMPLOYER'S answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the EMPLOYER-designated representative's final answer in Step 3. Any grievance not appealed to Step 4 by the UNION within ten (10) calendar days shall be considered waived. SteD 4. A grievance unresolved in Step 3 and appealed in Step 4 shall be submitted to the Minnesota Bureau of Mediation Services. A grievance not resolved in Step 4 may be appealed to Step 5 within ten (10) calendar days following the EMPLOYER'S final answer in Step 4. Any grievance not appealed in writing to Step 5 by the UNION within ten (10) calendar days shall be considered waived. SteD 5. A grievance unresolved in Step 4 and appealed to Step 5 shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Public Employment Relations Board. 7.5 ARTIBRATOR'S AUTHORITY A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue(s) submitted in 7 3f writing by the EMPLOYER and the UNION, and shall have no authority to make a decision on any oth~r issue not so submitted. B. The arbitrator shall be without power to make decisions contrary to or inconsistent with, or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following the close of the hearing or the submission of briefs by the parties, whichever is later, unless the parties agree-to an extension. The decision shall be binding on both the EMPLOYER and the UNION and shall be based solely on the arbitrator's interpretation or application of the express terms and conditions of the AGREEMENT and to the facts of the grievance presented. C. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the EMPLOYER and the UNION provided that each party shall be responsible for compensating its own representative's and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays-for the record. If both parties desire a verbatim record of the proceeding the cost shall be shared equally. 7.6 WAIVER If the grievance is not presented within the time limits set forth above, it shall be considered "waived". If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the EMPLOYER'S last answer. If the EMPLOYER does not answer a grievance or an appeal thereof within the specified time limits, the UNION may elect to treat the grievance as denied at that Step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual agreement of the EMPLOYER and the UNION. 7.7 CHOlCE OF REMEDY If, as a result of the EMPLOYER response in Step 4, the grievance remains unresolved, and if the grievance involves the suspension, demotion, or discharge of an employee who has completed the required probationary period, the grievance may be appealed to either STEP 5 of ARTICLE VII or a procedure such as: Civil Service, Veteran's Preference, or Fair Employment. If appealed to any procedure other than STEP 5 of ARTICLE VII, the grievance is not subject to the arbitration procedure as provided in STEP 5 of ARTICLE VII. The aggrieved employee shall indicate in writing which procedure is to be utilized - Step 5 of ARTICLE VII or another appeal procedure - and shall signa statement to the effect that the choice of any other hearing precludes the aggrieved employee from making a subsequent appeal through Step 5 of ARTICLE VII. 8 39 ARTICLE VIII- SAVINGS CLAUSE This AGREEMENT is subject to the laws of the United States, the State of Minnesota, and the City of Centerville. In the event any provision of this AGREEMENT shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provision shall be voided. All other provisions of this AGREEMENT shall continue in full force and effect. The voided provision may be renegotiated at the request of either party. ARTICLE IX - NON-DISCRIMINATION 9.1 The EMPLOYER agrees not to interfere with the right of any employee to become or refrain from becoming a member of the UNION and agrees there will be no restraint, discrimination, or coercion by the EMPLOYER against any of its employees because of membership or non-membership in or activity or non- activity on behalf of the UNION. 9.2 The UNION agrees there will be no solicitation of membership or collection of dues from its members which in any manner will interfere with the work and the duties of employees, or of the EMPLOYER'S operations. 9.3 The UNION agrees that neither it, nor any of its members or agents, will intimidate or coerce employees to join the UNION. 9.4 The EMPLOYER and the UNION both agree there shall be no discrimination against any employee on the basis of race, color, religion, age, sex or nationality. 9.5 Wherever the male pronouns appear in this AGREEMENT they shall also mean the female. ARTICLE X - WORK SCHEDULES 10.1 The sole authority in work schedules is the EMPLOYER. The normal work day for an employee shall be eight (8) hours for full-time employees. The normal work week shall be forty (40) hours for full-time employees, Monday through Friday. 10.2 Service to the public may require the establishment of regular shifts for some employees on a daily, weekly, seasonal, or annual basis other than the normal day. The EMPLOYER will give seven (7) days advance notice to the employees affected by the establishment of work days different from the employees' normal 8] hours for full-time employees). 10.3 In the event that work is required because of unusual circumstances such as (but not limited to) fire, flood, snow, sleet or breakdown of municipal equipment or facilities, no advance notice need be given. It is not required that an employee working ,other than the normal work day be scheduled to work more than eight 9 4() (8) hours, however, each employee has an obligation to work overtime or callbacks, if requested unless unusual circumstances prevent the employee from so working. 10.4 Service to the public may require the establishment of regular work weeks that schedule work on Saturdays and/or Sundays. ARTICLE XI- OVERTIME PAY 11.1 Hours worked in excess of eight (8) hours within a twenty-four (24) hour period [except for shift changes] or more than forty (40) hours within a seven (7) day period will be compensated for at one and one-half (1-1/2) times the employee's regular base pay rate. 11.2 Overtime will be distributed as equally as practicable. 11.3 Overtime refused by employees will for record purposes ufld.er ARTICLE 11.2 be considered as unpaid overtime worked. 11.4 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded, or paid twice for the same hours worked. 11.5 Employees to receive time and one-half (1-1/2) for any hours worked on Saturday or Sunday, or for any hours worked on City Special Programs. ARTICLE XII - CALL BACK 22.1 An employee who is recalled to work during the employee's scheduled off-duty time shall receive a minimum of two (2) hours' pay at one and one-half (1-1/2) times the employee's base pay rate. An extension of or early report to a scheduled shift for duty does not qualify the employee for the two (2) hour minimum. A second recall within two hours of the first recall shall not be compensated for except for the actual time worked over the two hours. Example: A call-out is received at 1 :30 p.m. and lasts for one hour. The employee's is again called out at 3:00 for one-half hour. Total pay would be two hours at overtime rate. If the second or subsequent call would extend the total time beyond two hours from the first call compensation would be for the total time worked at the overtime rate.. ARTICLE XIII - LEGAL DEFENSE 13.1 Employees involved in litigation because of negligence, ignorance of laws, non- observance of laws, or as a result of employee judgmental decision may not receive legal defense by the municipality. 10 ~I 13.2 Any employee who is charged with a traffic violation, ordinance violation or criminal offense arising from acts performed within the scope of the employee's emploYment, when such act is performed in good faith and under direct order of the employee's supervisor, shall be reimbursed for reasonable attorney's fees and' court costs actually incurred by such employee in defending against such charge. ARTICLE XIV -RIGHT OF SUBCONTRACT Nothing in this AGREEMENT shall prohibit or restrict the right of the EMPLOYER from subcontracting work performed by employees covered by this AGREEMENT. ARTICLE XV - DISCIPLI NE The EMPLOYER will discipline employees only for just cau.se. ARTICLE XVI - SENIORITY 16.1 Seniority will be the determining criterion for transfers, promotions, and layoffs only when all job-relevant qualification factors are equal. 16.2 Seniority will be the determining criterion for recall when all job-relevant qualification factors are equal. Recall rights under this provision will continue for twenty-four (24) months after layoff. Recalled employees shall have ten (10) working days after notification of recall by registered mail at the employee's last known address to report to work or forfeit all recall rights. ARTICLE XVII - PROBATIONARY PERIODS 17.1 All newly hired or rehired employees will serve a six (6) month's probationary period. 17.2 All employees will serve a six (6) month's probationary period in any job classification in which the employee has not served a probationary period. 17.3 At any time during the probationary period a newly hired or rehired employee may be terminated at the sole discretion of the EMPLOYER. 17.4 At any time during the probationary period a promoted or reassigned employee may be demoted or reassigned to the employee's previous position at the employee's request or at the sole discretion of the EMPLOYER. ARTICLE XVIII- SAFETY 11 -<It- The EMPLOYER and the UNION agree to jointly promote safe and healthful working conditions, to cooperate in safety matters, and to encourage employees to work in a safe manner. Employees covered by this AGREEMENT shall adhere to, when practical, all safety rules and practices established by the City and shall be responsible to enforce safety and environmental rules and regulations related to their work site or activity. ARTICLE XIX - JOB POSTING 19.1 The EMPLOYER and the UNION agree that permanent job vacancies within the designated bargaining unit shall be filled based on the concept of promotion from within provided that applicants: 19.1.1 Have the necessary qualifications to meet the standards of the job vacancy; and 19.1.2 have the ability to perform the duties and responsibilities of the job vacancy. 19.2 Employees filling a higher job class based on the provisions of this ARTICLE shall be subject to the conditions of ARTICLE XVII (PROBATIONARY PERIODS). 19.3 The EMPLOYER has the right of final decision in the selection of employees to fill posted jobs based on qualifications, abilities and experience. 19.4 Job vacancies within the designated bargaining unit will be posted for five (5) working days so that members of the bargaining unit can be considered for such vacancies. ARTICLE XX - INSURANCE See Appendix B. ARTICLE XXI - HOLIDAYS 21.1 The EMPLOYER will provide eleven (11) paid holidays. The holidays will be designated as follows: New Year's Day Martin Luther King Day President's Day Memorial Day Fourth of July Labor Day Veteran's Day Thanksgiving Day Day After Thanksgiving Christmas Day One (1) Floating Holiday * 12 43 * Floating holiday to be taken at the discretion of the EMPLOYEE with the EMPLOYER'S consent. 21.2 Employees who are required by the Employer to be on-call on any City holiday will receive an additional $50.00 for each holiday. ARTICLE XXIV -PERSONAL TIME OFF (fIQ} 22.1 General Regular employees who have worked for the City for at least six (6) months are eligible for personal time off PTO. Paid PTO is not available to temporary, intermittent or seasonal employees. 22.2 Accrual PTO leave with pay will accrue at the following rates: Years of Service PTO Leave o through 6 months... ......... ................ After 1 year through 3 years ............... After 3 years through 9 years............. After 9 years through 15 years ...... .... After 15 years through 20 years .......... After 20 years until Retirement........... 6.77 hrs. per pay period 6.77 hrs. per pay period 8.31 hrs. per pay period 9.85 hrs. per pay period 11.38 hrs. per pay period 12.92 hrs. per pay period For clarification purposes after six (6) months a regular employee will have 88.01 hours of Personal Time Off leave accrued. 22.3 Personal Time Off Leave Reauirements PTO leave can only be used at the discretion of the city administrator during the six-month probationary period. Otherwise, PTO does not accrue and will not be available for use by the employee during probation. However, if the employee becomes a regular employee, PTO will be awarded based upon the schedule above. 22.4 Up to a maximum of twenty two (22) days (176 hours) may be carried over into the next year. 22.5 PTO can be used in one-hour (1-hour) increments. 22.6 This accrual schedule will remain in effect for the length of the contract or until there may be changes in the State's Pay equity regulations whereby vacation/sickIPTO accrual impacts the City's Pay Equity Compliance status. 13 "II/ 22.7 An employee of this bargaining unit shall, upon honorable severance, receive all unused PTO time payable at their current rate. ARTICLE XXIII WAGES Emplovees covered bv this aareement shall be compensated at the rates contained on Appendix A. attached. ARTICLE XXIV - STANDBY PAY Individuals assigned to standby duty shall receive forty five dollars ($45.00) for each weekend day ~nd Fifteen Dollars ($15.00) for each week day they are assigned and have served in a standby capacity. Additionally, the call back provision detailed in ARTICLE XII of this Contract shall apply to each call out incident the Employee responds to while on standby duty. ARTICLE XXV - SAFETY SHOES I WORK CLOTHESI AND EYEGLASSES 25.1 The EMPLOYER agrees to reimburse Employees a sum not to exceed OneHundred Forty Dollars ($140.00) per year for the purchase of safety shoes when the Employee receives authorization from the City to replace hislher safety shoes or boots and presents a receipt for the purchase of certified safety shoeslboots in an amount equaling or exceeding the requested reimbursement. Safety shoes or boots must be worn by employees at all times while on the job. 25.2 The EMPLOYER will provide up to Three Hundred Seventy-five Dollars $375.00) per year per employee for the Water and Sewer Departments and the Mechanic for the purchase of uniform clothing as requested by the employee and approved by the supervisor. This amount shall be increased to $400 effective January 1, 2009. 25.3 The'EMPLOYER will provide one (1) pair of prescription safety eyeglasses per employee per year. The reimbursement for safety glasses shall not exceed Two Hundred and Twenty-Five Dollars ($225.00) per year per employee. ARTICLE )00(1- COMPENSATORY TIME Employees who are assigned to work by the EMPLOYER in excess of the normal work day shall, at the Employee's option, be compensated at the rate of one and one-half (1- 1/2) times the Employee's basic hourly rate for all hours worked in excess of the normal work day, or shall receive equivalent compensatory time off at the rate of one and one- half (1-1/2) hours for each hour worked, to be banked by the Employee to a maximum of eighty (80) hours. Employees must request compensatory time off in the same manner as they request vacation, however, under n() circumstances shall requests'be made for increments less than two (2) hours. Compensatory time may be used for' 14 15 compensation of unrequested leave. If an Employee is terminated, he or she will be compensated for accumulated compensatory time. ARTICLE XXVII - WAIVER 27.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this AGREEMENT, are hereby superseded. 27.2 The parties mutually acknowledge that during their negotiations which resulted in this AGREEMENT, each had the unlimited right and opportunity to make demands and proposals with respect to any terms or conditions of employment not removed by law from bargaining. All agreements and understandings arnved at by the parties are set forth in writing in this AGREEMENT for the stipulated duration of this AGREEMENT. The EMPLOYER and the UNION each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered in this AGREEMENT or with respect to any term or condition of employment not specifically referred to or covered by this AGREEMENT, even though such terms or conditions may not have been within the knowledge or contemplation of either or both parties at the time this contract was negotiated or executed. ARTICLE XXIII - DURATION This AGREEMENT shall be effective as of January 1, 2007, and shall remain in full force and effect until the 31st day of December, 2009. The balance of this page intentionally left blank. 15 ~ IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on this day of December, 2006. . FOR THE CITY OF CENTERVILLE FOR THE INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL NO. 49, AFL-CIO Mayor Area Business Representative City Administrator Steward 16 41 APPENDIX A WAGES . WAGES 20073% Increase Effective January 1,2007, full-time Public Works employees covered by this Agreement shall be paid according to the Employer's Pay Equity Schedule for 2007, which is attached to this agreement (2006 schedule with a 3% increase). Public Works employees are pay grade 5. Pay Equity Implementation For the purpose of implementing the existing Public Works Employees into the Pay Equity Schedule, the following grades and steps will be effective beginning January 1, 2007. Thereafter, Employees will be moved through the Pay Equity System according to the Employer's Pay Equity Plan. Effective the later of July 1, 2007, or the employee's anniversary date, Employer's revised step schedule shall be implemented. The top pay rate shall be the same as the previous schedule, however the number of steps shall be reduced from ten to nine. Thereafter, Employees will be moved through the Pay Equity System according to the Employer's Pay Equity Plan. Public Works Employees are in Pay Grade 6. 2008 3% Increase Effective January 1,2008, full-time Public Works employees covered by this Agreement shall be paid according to the Employer's Pay. Equity Schedule for 2008, which is attached to this agreement (July 1, 2007 schedule with a 3% increase). 2009 3% Increase Effective January 1,2009, full-time Public Works employees covered by this Agreement shall be paid according to the Employer's Pay Equity Schedule for 2009, which is attached to this agreement (2008 schedule with a 3% increase). Step Increases. Upon successful completion of a performance review, a step increase will be granted to the Employee on the Employee's anniversary date until the Employee reaches the maximum salary in the applicable pay grade. New, Public Works Employees will be entered into the Pay Equity System at the time of hire at a grade and step determined by the Employer. 17 4f APPENDIX B INSURANCE CAFETERIA PLAN The Employer will contribute the amounts listed below to the EMPLOYEE for use in the Cafeteria plan of the EMPLOYER. EMPLOYEES are required to choose at least the core benefit plan, as defined in the EMPLOYER'S Cafeteria Plan document. Any balance remaining after the required core benefits have been purchased may be used in any authorized area of the plan, such as: a. The purchase of additional life, disability, or long term care insurance offered through the EMPLOYER'S plan; b. Contribution to an authorized flexible spending account; c. Contribution to an employer-sponsored deferred compensation (457) program; d. Or, the EMPLOYEE may elect to receive the balance in taxable income. 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MN TO: CITY OF CENTERVILLE FROM: NORTH ANOKA MEALS ON WHEELS RE: COBG FUNDS [ want to take this opportunity to thank you for the past support of North Anoka Meals On Wheels through your CDBG Funds. As you know the CDBG Funds for Public Services are now being administered through Anoka County directly to our programs. However as part of our application for those funds we are required to send letters of support from the cities our program serves. North Anoka Meals On Wheels serves the elderly and disabled nutritionally balanced meals. This service helps the clients stay in their own homes. I am asking you to send me a letter stating that your city supports this vital service in your community by December 29, 2006. Thank you, Maggi Novak, Executive Director ~4 Eugene D. Johnson, Publisher · Pat Daul,Associate Publisher 4779 Bloom Ave., White Bear Lake, Mn 55110 Phone: 651-407-1200 · Fax: 651-429-1242 December 1, 2006 Theresa Bender, City Clerk City of Centerville 1880 Main Street Centerville, MN 55038 Dear Ms. Bender: The Quad Community Press would like to once again be considered as your designated official newspaper for 2007. We continue to meet all the legal publication requirements under state statutes. Our circulation is audited by Verified Audit Circulation, an independent firm. We offer submittal oflegal notices by mail, fax at (651) 429-1242, or e-mail to legals@izoom.net - clearly labeling them as "Legal Notices." The rate is $7.40 a column inch, in 7-point type, at 9-lines per inch. Our legal notice deadline is Wednesday by 5 PM for the following Tuesday's publication. We welcome the opportunity to serve you and look forward to any questions or concerns you may have. &w~ sa Graber Legal Notice Coordinator misc\:cntvlg07.doc ~.t) Your Best Source For Community Information White Bear Press · Vadnais Heights Press · St. Croix Valley Press · Quad Community Press · Shorevlew Press · Forest Lake Press ppnews@izoom.net ppcomp@izoom.net ppadvertising@izoom.net ppcirc@izoom.net Page 3, #7 Shall contain language to include reimbW'Sement for promoting the use of recycled products or education of its citizens in a public area (Le., shredded rubber tires for fall-zone, timbers, bike racks, recycled material for play equipment, picnic tables; etc.) -~ COUNTY o F ANOKA Integrated Waste Management Department Government Center 2100 Third Avenue, Room 340 · Anoka, Minnesota 55303-2265 (763) 323-5730 · Fax (763) 323-5731 . E-mail .recycle@co.anoka.mn.us www.co.anoka.mn.us December 8, 2006 RECEIVED DEe 1 1 Z006 Teresa Bender Deputy Clerk City of Centerville 1880 Main 8t Centerville MN 55038 CENTERVtLLE, MN Dear Teresa: The Anoka County Board of Commissioners approved 2007 Municipal Goals, SCORE Municipal Reimbursement Funding Allocations and authorized staff to prepare Residential Recycling Program Agreements on December 8, 2006. The Anoka County Agreements are based on the following: · 2007 Municipal Residential Recycling Goal- The abatement goal will remain constant at 175 pounds per person per year. The. goals were based on the 2005 Metropolitan Council estimates that were released in July 2006. Specific goals are listed on the attached chart on the reverse side of this memo. · 2007 SCORE Municipal Reimbursement Funding Allocation - Anon County has received the fall SCORE payment of$361,089 and is. expecting to receive a spring SCORE payment of$361,089. The proposed 2006 municipal funding includes the additional payment. The 2007 SCORE allocation is a base of $10,000 and $4.37 per household and is indicated in the attached chart. If the second payment is not received the funding allocation will be reduced · 2007 Contracts -, The 2007 residential recycling contracts are included in this mailing. Please note the. language in Section 7 regarding the SCORE funding. Hwe do not receive the 2nd SCORE allocation or if it is reduced, the total SCORE allocation will be reduced. Section 7. Notwithstanding1tny provision to the contrary, the County reserves the right to reduce the funding provided hereunder in the event insufficient SCORE funds are available. If the spring SCORE payment of $361,089 is not received or is reduced, the County may reduce the project maximum amount payable to the Municipality. The County will promptly notify the Municipality in the event that the project maximum will be reduced. Please have the mayor/town board chair and clerk/administrator sign three copies ofthe agreement and return to Anoka County to complete the signature process. . When the agreements are completely signed, an original copy will be mailed back to you and Anoka County retains two copies for its files. Thank you! ~ Carolyn Smith Solid Waste Abatement Specialist Affirmative Action I Equal Opportunity Employer Printed on 50% recycled paper of which 30% is post-consumer 61 2007 SCORE Funding and Goals $10,000 Base per municipality and $4.37 per household Goal based on 175# per person per year 2.0.07 funding is based on receiving an additional spring payment of$361,.o89. If this spring payment is not received, the 2.0.07 funding total will be one half the total for each municipality. Municipality Contract # HH Population Goal 2007 Funding Andover 2.006-.0295 9,337 3.0,.080 2632 $5.0,8.02.69 Anoka 20.06-.0296 7,2.0.0 17,899 1566 $41,464..0.0 Bethel 20.06-.0297 185 5.09 45 $1.0,808.45 Blaine 2.0.06-.0298 19,421 54,.020 4727 $94,869.77 Bums 2.0.06-.0299 1,365 4,278 374 $15,965..05 . Centerville 2.0.06-.03.0.0 1,295 3,848 337 $15,659.15 Circle Pines 2.0.06-.03.01 2,.0.03 5,.072 444 $18,753.11 Columbia Heights 2.006-.03.02 8,.056 18,261 1598 $45,204.72 . Columbus 2.006-.03.03 1,394 .4,.062 355 $16,.091.78 Coon Rapids 2006-.03.04 23,47.0 63,480 5555 $112,563.9.0 East Bethel 2.0.06-.03.05 3,935 .11,917 1.043. $27,195.95 Fridley 2.006-03.06 11 ,248 . 26,679 . 2334 $59,153.76 Ham Lake 20.06-.03.07 4,991 15,136 1324 $31,810.67 Hilltop. 2.0.06-.03.08 417 792 69 $11,822.29 Lexington 2.006-.03.09 8.07 2,114 185 $13,526.59 Lino. Lakes 2006-.031.0 5,729 19,698 1724 $35,.035.73 Linwood 2.0.06-0311 1,738 5,112 447 $17,595..06 Oak Grove 2.0.06-0312 2,562 7,997 7.00 $21,195.94 Ramsey 2.0.06-0313 7,198 21,749 1903 $41,455.26 St Francis 2.0.06-.0314 2,395 7,163 . 627 $2.0,466.15 Spring Lake Park 2.006-0315 2,663 6,527 571 $21,637.31 Total 117,4.o~ 326,393 28,559 $723,.077.33 Population and Household count based on Metropolitan Council Estimate released in July of 2006. A Anoka County Contract.# 2006-0300 AGREEMENT FOR RESIDENTIAL RECYCLING PROGRAM THIS AGREEMENT made and entered into on the ~~day of ~oofL, notwithstanding the date of the signatures of the parties, between the COUNTY OF ANOKA, State of Minnesota, hereinafter referred to as the "COUNTY", and the CITY OF CENTERVILLE, hereinafter referred to as the "MUNlCIP ALlTY". WITNESSETH: WHEREAS, Anoka County has received $361,Q89 in funding from the Solid Waste Management Coordinating Board and the State of Minnesota pursuant to Minn. Stat. ~ 115A.557 (hereinafter "SCORE funds"); and WHEREAS, Anoka County anticipates receiving an additional $361,089 in SCORE funds in the spring of 2007; and . WHEREAS, the County wishes to assist the Municipality in meeting recycling goals established by the Anoka County Board of Commissioners by providing said SCORE funds to cities and townships in the County for solid waste recycling programs. NOW, THEREFORE, in consideration of the mutual covenants and promises contained in this Agreement, the parties mutually agree to the following terms and conditions: I. PURPOSE. The purpose of this Agreement is to provide for cooperation between the County and the Municipality to implement solid waste recycling programs in the Municipality. 2. TERM. The term of this Agreement is from January I, 2007 through December 31, 2007, unless earlier terminated as provided herein. 3. DEFINITIONS. a. "Problem material" shall have the meaning set forth in Minn. Stat. ~ 115A.03, subdivision 24a b. "Multi-unit households" means households within apartment complexes, condominiums, townhomes, mobile homes and senior housing complexes. c. "Opportunity to recycle" means providing recycling and curbside pickup or collection centers for recyclable materials as required by Minn. Stat. ~ 115A.552. d. "Recycling" means the process of collecting and preparing recyclable materials and reusing the materials in their original form or using them in manufacturing processes that do not cause the destruction of recyclable materials in a manner that precludes further use. e. "Recyclable materials" means materials that are separated from mixed municipal solid waste for the purpose of recycling, including paper, glass, plastics, metals, fluorescent lamps, major appliances and vehicle batteries. 1 69 f. Refuse derived fuel or other material that is destroyed by incineration is not a recyclable material. g. "Yard waste" shall have the meaning set forth in Minn. Stat. ~ 1I5A.03, subdivision 38. 4. PROGRAM. The Municipality shall develop and implement a residential solid waste recycling program adequate to meet the Municipality's annual recycling goal of 337 tons of recyclable materials as established by the County. The Municipality shall ensure that the recyclable materials collected are delivered to processors or end markets for recycling. a. The Municipal recycling program shall include the following components: i. Each household (including multi-unit households) in the Municipality shall have the opportunity to recycle at least four broad types of materials, such as paper, glass, plastic, metal and textiles. n. The recycling program shall be operated in compliance with all applicable federal, state, and local laws, ordinances, rules and regulations. ill. The Municipality shall implement a public information program that contains at least the following components: (1) One promotion is to be mailed to each household focused exclusively on the Municipality's recycling program; (2) One promotion advertising recycling opportunities available for residents is to be included in the Municipality's newsletter or local newspaper; and (3) Two community presentations are to be given on recycling. The public information components listed above must promote the focused recyclable material of the year. as specified by the County. The County will provide the Municipality with background material on the focused recyclable material of the year. iv. The Municipality, on an ongoing basis, shall identify new residents and provide detailed information on the recycling opportunities available to these new residents. b. If the Municipality's recycling program did not achieve the Municipality's recycling goals as established by the County for the prior calendar year, the Municipality shall prepare and submit to the County by March 31, 2007, a plan acceptable to County that is designed to achieve the recycling goals set forth in this Agreement. 5. REPORTING. The Municipality shall submit the following reports semiannually to the County no later than July 20, 2007 and January 19, 2008: a. An accounting of the amount of waste which has been recycled as a result of the Municipality's activities and the efforts of other coIilmunity programs, redemption centers and drop-off centers. For recycling programs, the Municipality shaIl certify the number of tons of each recyclable material which has been collected and the number of tons of each recyclable material which has been marketed. For recycling programs run by other persons or entities, the Municipality shall also 2 dtJ provide documentation on forms provided by the County showing the tons of materials that were recycled by the Municipality's residents through these other programs. The . Municipality shall keep detailed records documenting the disposition of au recyclable materials collected pursuant to this agreement. The Municipality shall also report the number of cubic yards or tons of yard waste collected for composting or landspreading, together with a description of the methodology used for calculations.. Any other material removed from the waste stream by the Municipality, i.e. tires and used oil, shall also be reported separately. b. Information regarding any revenue received from sources 'other than the County for the Municipality's recycling programs. c. Copies of all promotional materials that have been prepared by the Municipality during the term of this Agreement to promote its recycling programs. The Municipality agrees to furnish the County with additional reports in form and at frequencies requested by the County for financial evaluation, program management purposes, and reporting to the State of Minnesota. ' 6. BILLING AND PAYMENT PROCEDURE. The Municipality shall submit itemized invoices semiannually to the County for abatement activities no later than July 20, 2007 and January 19, 2008. Costs not billed by January 19, 2008 will not be eligible for funding. The invoices shall be paid in accordance with standard County procedures, subject to the approval of the Anoka County Board of Commissioners. 7. ELIGmILITY FOR FUNDS. The Municipality is entitled to receive reimbursement for eligible expenses, less revenues or other reimbursement received, for eligible activities up to the project maximum as computed below, which shall not exceed $15,659.15. The project maximum for eligible expenses shan be computed as follows: a. A base amount of $10,000.00 for recycling activities only; and b. $4.37 per household for recycling activities only. Notwithstanding any provision to the contrary, the County reserves the right to reduce the funding provided hereunder in the event insufficient SCORE funds are available. If the spring SCORE payment of $361,089 is not received or is reduced, the County may reduce the project maximum amount payable to the Municipality. The County will promptly notify the Municipality in the event that the project maximum will be reduced. 8. RECORDS. The Municipality shall maintain financial and other records and accounts in accordance with requirements of the County and the State of Minnesota. The Municipality shall maintain strict accountability of all funds and maintain records of all . receipts and disbursements. Such records and accounts shall be maintained in a form which will permit the tracing of funds and program income to final expenditure. The Municipality shall maintain records sufficient to reflect that all funds received under this 3 d,/ Agreement were expended in accordance with Minn. Stat. ~ 115A.55?, subd. 2, for residential solid waste recycling purposes. The Municipality shall also maintain records of the quantities of materials recycled. All records and accounts shall be retained as provided by law, but in no event for a period of less than five years from the last receipt of payment from the County pursuant to this Agreement. 9. AUDIT. Pursuant to Minn. Stat. ~ 16C.05, the Municipality shall allow the County or other persons or agencies authorized by the County, and the State of Minnesota, including the Legislative Auditor or the State Auditor, access to the records of the Municipality at reasonable hours, including all books, records, documents, and accounting procedures and practices of the Municipality relevant to the subject matter of the Agreement, for purposes of audit. In addition, the County shall have access to the project site(s), if any, at reasonable hours. 10. . GENERAL PROVISIONS. a. In performing the provisions of this Agreement, both parties agree to comply with all applicable federal, state or local laws, ordinances, rules, regulations or standards established by any agency or special governmental unit which are now or hereafter promulgated insofar as they relate to performance of the provisions of this Agreement. In addition, the Municipality shall comply with all applicable requirements of the State of Minnesota for the use of SCORE funds provided to the Municipality by the County under this Agreement. b. No person shall illegally,' on the grounds of race, creed, color, religion, sex, marital status, public assistance status, sexual preference, handicap, age or national origin, be excluded from full employment rights in, participation in, be denied the benefits of, or be otherwise subjected to unlawful discrimination under any program, service or activity hereunder. The Municipality agrees to take affirmative action so that applicants and employees are treated equally with respect to the following: employment, upgrading, demotion, transfer, recruitment, layoff, termination, selection for training, rates of pay, and other' forms of compensation. c. The Municipality shall be responsible for the performance of all subcontracts and shall ensure that the subcontractors perform fully the terms of the subcontract. The Agreement between the Municipality and a subcontractor shall obligate the subcontractor to comply fully with the terms of this Agreement. d. The Municipality agrees that the Municipality's employees and subcontractor's employees who provide services under this agreement and who fall within any job classification established and published by the Minnesota Department of Labor & Industry shall be paid, at a minimum, the prevailing wages rates as certified by said Department. 4 ~~ e. It is understood and agreed that the entire Agreement is contained herein and that this Agreement supersedes all oral and written agreements and negotiations between the parties relating to the subject matter hereof. f. Any amendments, alterations, variations, modifications, or waivers of this Agreement shall be valid only when they have been reduced to writing, duly signed by the parties. g. Contracts let and purchases made under this Agreement shall be made by the Municipality in conformance with all laws, rules, and regulations applicable to the Municipality . h. The provisions of this Agreement are s~verable. If any paragraph, section, subdivision, sentence, clause or phrase of this Agreement is for any reason held to be contrary to law, such decision shall not affect the remaining portion of this Agreement. i. Nothing in this Agreement shall be construed as creating the relationship of co- partners, joint venturers, or an association between the County and Municipality, nor shall the Municipality, its employees, agents or representatives be considered employees, agents, or representatives of the County for any purpose. 11. PUBLICATION. The Municipality shall acknowledge the fmancial assistance of the County on all promotional materials, reports and publications relating to the activities funded under this Agreement, by including the following acknowledgement: "Funded by the Anoka County Board of Commissioners and State SCORE funds (Select Committee on Recycling and the Environment). 12. INDEMNIFICATION. The County agrees to indemnify, defend, and hold the Municipality harmless from all claims, demands, and causes of action of any kind or character, including the cost of defense thereof, resulting from the acts or omissions of its public officials, officers, agents, employees, and contractors relating to activities performed by the County under this Agreement. The Municipality agrees to indemnify, defend, and hold the County harmless from all claims, demands, and causes of action of any kind or character, including the cost of defense thereof, resulting from the acts or omissions of its public officials, officers, agents, employees, and contractors relating to activities performed by the Municipality under this Agreement. The provisions of this subdivision shall survive the termination or expiration of the term of this Agreement. 13. TERMINATION. This Agreement may be terminated by mutual written agreement of the parties or by either party, with or without cause, by giving not less than seven (7) days written notice, delivered by mail or in person to the other party, specifying the date 5 ~ of termination. If this Agreement is terminated, assets acquired in whole or in part with funds provided under this Agreement shall be the property of the Municipality so long as said assets are used by the Municipality for the pwpose of a landfill abatement program approved by the County. IN WITNESS WHEREOF, the parties hereunto set their hands as of the dates fIrst written above: . CITY OF CENTERVILLE COUNTY OF ANOKA By: Name: By: Chair, Atioka County Board of Commissioners Title: Date: Date: ATTEST: By: Municipality's Clerk County Administrator Date: Date: Approved as to form and legality: Approved as to form and legality: Assistant County Attorney 6 JI CITY OF CENTERVILLE SInEW ALKlTRAIL INSPECTION AND MAINTENANCE POLICY 1. Introduction The City of Centerville has approximately _ miles of public sidewalks/trails. Public sidewalks/trails may vary in age and in quality of condition. Public sidewalks are primarily the responsibility of the adjoining property owner, trails are primarily the responsibility of the City. Not every mere inequality or irregularity in the surface of the way rises to the level of a defect. The City recognizes that some sidewalk/trail conditions can create unreasonable hazards for pedestrians and other sidewalk users. -The City does not have unlimited employee or financial resources and cannot reasonably ensure that all sidewalks needing replacement or repair will be accomplished within the same year the sidewalk is identified as needing replacement and repair. Sidewalk/trail replacement and repair can be costly. Comprehensive sidewalk/trail surveys are expensive and require the use of limited City personnel and other resources. Under appropriate circumstances, some or all of the cost of sidewalk/trail replacement may be passed to the adjacent property owner. . Accordingly, the City and its Public Works Department must exercise both discretion and professional judgment in determining whether and when sidewalks/trails need to be replaced or repaired. The City expects that its agents, employees, and City officials will exercise discretion in identifying conditions requiring replacement and repair, in the scheduling of replacement and repair, and in establishing priorities for replacement and repair. By inspecting the City's sidewalks/trails the City does not relieve property owners from maintaining safe sidewalks/trails. These inspections are performed as a public service in order to apprise property owners of problems and ensure that property owners effect timely repairs. 2. Sidewalk/trail inspection procedures The Director of Public Works shall establish procedures for regular sidewalk/trail inspection. Those procedures will include: A. An initial City wide sidewalk/trail survey to be completed by (date) B. A schedule for routine sidewalk/trail inspections on a regular basis C. Establishing criteria for determining whether a particular sidewalk/trail condition is in need of replacement or repair. Those criteria will include, but not necessarily be limited to, a deviation or difference in elevation greater than 3/4 inch, as determined C:\Documents and Settings\TBender.CENTERVILLEMN\Desktop\Sidewalk Inspection 2006v2.doc 1 J;5 at the time of inspection. 3. Sidewalk/trail replacement and repair policy Upon completion of the initial sidewalk/trail survey, the Director of Public Works shall establish a replacement and repair schedule. 1bis schedule is subject to modification based both on sidewalk/trail conditions and the availability of resources for sidewalk/trail replacement and repair. The sidewalk/trail replacement and repair schedule will: A. Divide the City into sections or otherwise prioritize replacement of the sidewalks/trails identified as needing replacement or repair so all sidewalks/trails identified in the initial sidewalk/trail survey as needing replacement or repair are replaced or repaired by (date). B. Take into consideration and weigh the following factors: I. Sidewalk/trail location and amount of pedestrian traffic 2. Proximity of sidewalk/trail identified as needing replacement or repair to other sidewalk/trails also needing replacement or repair 3. The nature and severity of the condition needing replacement or repair 4. The City's budget for replacement or repair of sidewalks/trails 5. Whether or to what extent the cost of repair can be recovered from adjacent property owners, and when it is determined that the adjacent property owner is responsible, the responsible owner shall be notified to correct the problem as required in the City Code section 93.01 subsection I(C) and/or relating to nuisances. When complete replacement is indicated, the City should follow the procedure for special assessment of improvements. 6. Availability of employees, equipment, and other resources for sidewalks/trail replacement or repair 7. Public safety 8. History of prior accidents or complaints 9. Schedules of independent contractors and work necessary to prepare bids and bid specifications if work is to be performed by independent contractors 4. Sidewalks/trail maintenance policy City employees will be responsible for removing snow from sidewalks/trails that abut City- owned buildings or parking lots. Adjacent property owners, including other public entities, are responsible for removing snow and ice from sidewalks/trails that abut their property (see City code, Section 93.01). The City may, as a public service and for reasons of public safety, remove snow and ice from sidewalks/trails at its sole discretion without invoking the provisions of Section 93.01. The Director of Public Works will identify sidewalks/trails from which the City will remove ice and snow. C:\Documents and Settings\TBender.CENTERVILLEMN\Desktop\Sidewalk Inspection 2006v2.doc 2 ~ 5. Review and modification of policy The City council may modify or clarify this policy at any time. Where the City council has delegated responsibility or authority to any City employee or official for development or implementation of any portion of this policy, that employee or official shall have full authority to modify that portion of the policy at any time. 6. Review of policy The Director of Public Works will keep on file, comments and complaints received regarding this policy. The policy will be reviewed periodically. Any review will consider comments and complaints since the last review and any other factors affecting the policy or its implementation. 7. Effective date of policy This policy shall be effective as of (date). Modifications of the policy shall be effective on the date said modifications are approved by City council resolution or the date City employee or official (with authority granted by the City council) has approved the policy modification or change. Adopted by the City Council this _ day of . 200_. C:\Documents and Settings\TBender.CENTERVILLEMN\Desktop\Sidewalk Inspection 2006v2.doc 3 ~1 CITY OF CENTERVILLE POTHOLE REpAIR POLICY 1. Introduction The City ofCenterville believes it is in the best interest of the residents for the City to do the maintenance of its City streets. An important part of street maintenance is the repair of potholes. The City will repair potholes in a safe and cost effective manner, keeping in mind safety, budget, personnel, and environmental concerns. The City will use City employees, equipment and/or private contractors to provide this service. Pothole repair is part of the City's overall pavement management program. 2. Application This policy applies to City streets. It does not apply to other government's roads that go through the City unless there is a specific agreement between the City and that other government. 3. When will the City repair potholes? The Public Works Director will decide when to conduct pothole repairs but repairs will consist of two elements. Scheduling of staff to complete pothole repairs will be subject to collective bargaining agreements currently in effect. Crew repair A crew will be assigned an area to inspect. It will repair any potholes it finds in that area. Each street will be inspected at a minimum of once a year depending on available resources and factors such as weather and other street work that needs to be done. The timing for the repairs will also be based upon those factors. Response to complaint or accident A crew will be sent out to inspect any street when the City receives a complaint or notice of an accident or damage involving a pothole. 4. Criteria for pothole repair Not every imperfection in a street surface is necessarily considered to be a pothole in need of repair. The general criteria for repair will be a pothole that is 2 inches or more deep and over 5 inches in diameter. The Public Works Director or his designated employee will have discretion to decide ifa condition is a pothole in need of repair. 5. How will potholes be repaired? Potholes will be repaired temporarily during cold weather with a cold asphalt mix or other C:\Documents and Settings\TBender.CENTERVD..LEMN\Desktop\Pothole Policy 2006v2.doc 1 ~f means. During cold weather, the repairs will be limited to those determined to be hazardous for motor vehicles. In warmer weather and when hot asphalt mix is available, potholes will be filled with the hot asphalt mix or other means for a more permanent repair. 6. Priorities and schedule for which streets where potholes will be repaired The City has classified City streets based on the Street function, traffic volume, and importance to the welfare of the community. The City will repair those streets first that are high volume and high speed routes that connect major sections of the City and provide access for emergency fire, police, and medical services. The second priority streets are those streets providing access to schools and commercial businesses. The third priority streets are low volume residential streets. The fourth priority areas are alleys and City parking lots. 7. Weather conditions Pothole repairs will be conducted only when weather conditions do not limit the ability to perform the work or when such work would not endanger the safety of City employees and equipment. Factors that may delay repairs are cold temperatures, rain, snow, and ice conditions. 8. Documentation Workers will document all street repairs to potholes that are made under this policy. Records will not necessarily identify each individual pothole, but may show the general street location where repairs were made. 9. Warning signs or devices If the City knows of a pothole in a street and it is not able to repair it, it will consider whether it should use warning signs or devices. Factors that will be examined will be the location of the pothole, how dangerous it is, and whether a warning sign or device would be effective. Adopted by the City Council this _ day of .200_ C:\Documents and Settings\TBender.CENTERVllLEMN\Desktop\Pothole Policy 2006v2.doc 2 ~9 CITYOF CENTERVILLE SNOWPLOWING POLICY 1. Introduction The City of Centerville believes it is in the best interest of the residents for the City to assume basic responsibility for control of snow and ice on City streets. Reasonable ice and snow control is necessary for routine travel and emergency services. The City will provide such control in a safe and cost effective manner, keeping in mind safety, budget, personnel, and environmental concerns. The City will use City employees, equipment, and/or private contractors to provide this service. 2. When will City start snow or ice control operations? The Public Works Director will decide when to begin snow or ice control operations. The criteria for that decision are: A. Snow accumulation of3.0 inches or more; B. Drifting of snow that causes problems for travel; C. Icy conditions which seriously affect travel; and D. Time of snowfall in relationship to heavy use of streets. Snow and ice control operations are expensive and involve the use of limited personnel and equipment. Consequently snowplowing operations will not generally be conducted for snowfall ofless than 3.0 inches. 3. How snow will be plowed Snow will be plowed in a~er so as to minimize any traffic obstructions. The center of the roadway will be plowed first. The snow shall then be pushed from left to right. The discharge shall go onto the boulevard area of the street. When a plow goes on a bridge, the driver shall slow down so snow does not go over the bridge, if possible. In times of extreme snowfall, streets will not always immediately be able to be completely cleared of snow. 4. Snow removal The Public Works Director will determine when snow will be removed from the area by truck. Such snow removal will occur in areas where there is no room on the boulevard for snow storage and in areas where accuinulated piles of snow create a hazardous condition. Snow removal operations will not commence until other snowplowing operations have been completed. Snow removal operations may also be delayed depending on weather conditions, personnel, and budget availability. The snow will be removed and hauled to a snow storage area. The snow storage area will be located so as to minimi7;e environmental problems. C:\Documents and Set1ings\TBender.CENTERVILLEMN\Desktop\Snowplowing Policy 2006v2.doc 1 70 5. Priorities and schedule for which streets will be plowed The City has classified City streets based on the street function, traffic volume, and importance to the welfare of the community. Those streets classified as "Snow Plow Routes" will be plowed first. These are high volume routes, which connect major sections of the City and provide access for emergency fire, police, and medical services. The second priority will be drives and parking areas for the Fire Station and those streets providing access to schools and commercial businesses. The third priority streets are low volume residential streets. The fourth priority areas are alleys, cul-de-sacs and City parking lots. 6. Work schedule for snowplow operaton Snowplow operators will be expected to work eight-hour shifts. When conditions and service requirements to the public warrant, the Public Works Director may start shifts at a different time than normal and may conclude work after eight hours. In severe snow emergencies, operators sometimes have to work in excess of eight-hour shifts. However, because of budget and safety concerns, no operator shall work more than a twelve-hour shift in any twenty-four hour period. Operators will take a fifteen-minute break every two hours with a half-hour meal break after four hours. After a twelve-hour day, the operators will be replaced if additional qualified personnel are available. All work schedules shall be subject to the collective bargaining agreement then in effect. 7. Weather conditions Snow and ice control operations will be conducted only when weather conditions do not endanger the safety of City employees and equipment. Factors that may delay snow and ice control operations include: severe cold, significant winds, and limited visibility. 8. Use of sand, salt, and other chemicals The City will use sand, salt, and other chemicals when there are hazardous ice or slippery . conditions. The City is concerned about the effect of such chemicals on the environment and will limit its use for that reason. 9. Sidewalks Inspection and maintenance of sidewalks will be in accordance with the City of Centerville Sidewalk Inspection and Maintenance Policy. C:\Documents and Settings\TBender.CENTERVILLEMN\Desktop\Snowplowing Policy 2006v2.doc 2 7/ Adopted by the Council this _ day of ,200_. C:\Documents and Settings\TBender.CENTE)lVILLEMN\Desktop\Snowplowing Policy 2006v2.doc 3 ~ CITY OF CENTERVlLLE STREET SWEEPING POLICY 1. Introduction The City of Centerville believes it is in the best interest of the residents for the City to assume basic responsibility of sweeping on City streets. Reasonable sweeping is necessary for vehicle and pedestrian safety, water quality issues, and environmental concerns. The City will provide such service in a cost-effective manner, keeping in mind safety, budget, personnel, and environmental concerns. The City will use City employees, equipment and/or private contractors to provide this service. Completion dates are dependent on weather conditions, personnel and equipment availability. The Public Works Director or his/her designee will be responsible for scheduling of personnel and equipment 2. When will the City perform street sweeping operations? A. Spring sweeping of snow and ice control. aggregate will begin when streets are significantly clear of snow and ice, usually late March or early April, after the risk of later snowfall has passed. Spring sweeping is typically completed by May 15. B. Sealcoating is a surface application of an asphalt emulsion followed by a layer of small rock that protects the pavement from the deteriorating effects of sun and water, plus it provides increased surface friction. Sea1coat sweeping will generally commence 15 days after application of sea1coat and will generally be completed within 30 days of application. C. Since the City has not been able to justify ownership of a street sweeping machine, fall sweeping will generally not be done. The City will enforce its requirements that leaves be picked up and not swept into streets. Where it is determined that leaves may plug up storm sewers, staff will manually pick up leaves. . D. Storm Water Quality areas will be swept on a priority basis throughout the year if equipment is available. E. Environmental/general sweeping will be performed on a routine/as needed basis subject to availability of equipment. F. Bituminous milling recovery sweeping will be performed within ten days of a grinding, milling, or cracksealing operation. G. Erosion/siltation dirt & debris cleanup from construction projects is the responsibility of the developer, contractor, or property owner. Except in cases of emergency the streets shall be cleaned and swept within five days of notification. If the streets are C:\Documents and Settings\TBender.CENTERVILLEMN\Desktop\StI'e! Sweeping Policy 2006v2.doc 13 not swept within the specified time allowed or in the case of an emergency the City may sweep the street and the responsible party will reimburse the City for all associated costs. H. Tree trimming and pruning areas will be swept within five days of the operation. I. Citizen requests for sweeping will be evaluated and the Public Works Director will determine the priority. 3. How will streets be swept? Sweeping is a slow process with average gutter line speeds for the first sweeping in spring that can be as slow as 2 to 3 miles per hour. The City will sweep through contract services. Normally centerlines are swept after gutter lines are cleaned. Equipment may include mechanical, vacuum, or regenerative air sweepers. 4. Priorities The City has identified as a priority the sweeping of all streets in the spring to remove winter sand accumulation. Since the City has determined that it cannot justify ownership of pick-up sweeping equipment, the sweeping will generally be by contract service or where appropriate by manual methods. Sweeping will be contracted as soon as possible, after the risk of snow has passed. Alternate: The City has classified City streets based on the street function, trajjic 'Volume, impact on water quality and the environment, and the importance to the welfare of the Community. Accordingly, sweeping routes will be designed to provide the maximum possible benefit to higher volume and water quality sensitive areas. See attached maps or routes. 5. Weather conditions Sweeping operations will be conducted when weather conditions permit. Factors that may delay sweeping operations include: temperatures, wind, rain, snow, and frozen gutter lines. 6. Work schedule Sweeping operations are performed in conjunction with and can be impacted by other maintenance operations. Sweeping operations will normally be conducted Monday - Friday, from 7:00 a.m. to 3:30 p.m. Extended workdays and shift changes may be utilized for spring cleanup or emergency sweeping to provide maximum efficiency. For safety C:\Documents and Settings\TBender.CENTERVILLEMN\Desktop\Stre! Sweeping Policy 2006v2.doc 'It! reasons, no operator shall work more than a twelve-hour shift in any twenty-four hour perio~and shall be subject to the collective bargaining agreement in effect at the time of sweeping. 7. Sidewalks and Trails The City will sweep trails once in the spring after the risk of snow has passed, and they are clear of snow and ice or on an as-needed basis. 8~ Safety Sand, seal-coat rock, or other dirt and debris on the street can create a potentially dangerous condition for vehicles, motorcyclists, bicyclists,. and pedestrians. It would not be practical or effective to sign all streets for potential dangerous conditions. During seal-coat or milling operations, warning signs indicating loose rock will be placed on each end of collector and arterial streets or other appropriate areas where needed. These signs will remain in place until the street has been swept. Employees will follow all work rules, OSHA regulations, and Federal and State laws to ensure a safe sweeping operation. Adopted by the City Council this _ day of .200_. C:\Documents and Settings\TBender.CENTERVILLEMN\Desktop\Streg Sweeping Policy 2006v2.doc 1S UJ .[] -.] o I'\J UJ -.] D:J U1 .r ... o - U1 []":I U1 ~ f 1& eua.ux:a 1!UDoSlU8OSK. s: m s: o :II 5> "TI r- o . :II :x m '0 ~.,cn 0'1:1 j~~ ~><r- z199 ~ ~ m :!! n -t m g :II C ..... C1I 0) C1I 't~" ~. " I- ervi{{e ruta6!isfiet! 1857 1880 !Main Street, eenrervdfe, 'M.'1f 55038 (651429-3232 fax (651)429-8629 RECEIVED OF 2886 AMOUNT Memorial HosDital DIstrict Board $17,383.12 FOR: CHECK ., 1565 Final Order & Resolution SURCHARGE NA Dissolution of the District Mem. Hospital Board BY leresa December 21, 2006 Thank you for your business. " / Receipt# 2865 \ \ 1~ Warren E. Peterson Jerome P. Filla Daniel Witt Fearn Glenn A. Bergman John Michael MlI1er Michael T. Oberle Steven H. Bruns. Paul W. Fahnlng. Amy K. L. Schmidt Ben I. Rust p~ FRAM BERGMAN PROFESSIONAL ASSOCIATION Suite 300 50 East Fifth Street St. Paul, MN 55101-1197 (651) 291-8955 (651) 228-1753 facsimile www.pfb-pa.com (651) 290-6909 jmiller@pfb-pa.com December 18, 2006 City of Centerville Dallas Larson, Administrator 1880 Main Street Centerville, MN 55038 VIA CERTIFIED U.S. MAIL RE: Dissolution of Memorial Hospital District in Forest Lake; Distribution of Remaining Funds Dear Mr. Larson: I have enclosed with this letter the following: 1. Original letter from Michael Perreault, Board Chair of Memo rial Hospital District, Forest Lake; 2. Certified copy of the Final Order and Resolution referred to in Mr. Perrault's letter; and, 3. Check made payable to the City ofCenterville in the amount of$17,383.12. Please feel free to contact me if you have any additional questions or comments regarding this. Thank you. RECEIVED DEe 2 0 lUUti JMM:cge Enclosures F:\users\lOHN\DMH\Dissolution\Municipality Itr2 . Centerville.doc CENTERVILLE, MN .ALSO ADMI1TED IN WISCONSIN 11 rtj;'!J , 2006 City ofCenterville - 3,800 Dallas Larson, Administrator 1880 Main Street Centerville, MN 55038 RE: Dissolution of Memorial Hospital District in Forest Lake; Distribution of Remaining Funds Dear Mr. Larson: Pursuant to the applicable provisions of Minn. Stat. Chapter 447, I have enclosed with this letter the following: 1. Certified copy of the Final Order ofthe Governing Board of Memorial Hospital District in Forest Lake; and 2. Check made payable to the City of Centerville representing the City of Centerville's portion of the Remaining Funds ordered to be distributed pursuant to the Final Order. The Remaining Funds consists primarily of tax revenue raised for the purpose of providing healthcare within the District. Accordingly, the Governing Board of the Hospital District has passed a Resolution strongly encouraging the City of Centerville to use these proceeds for a purpose related to healthcare. Please feel free to contact the Hospital District's attorney, John Miller (651) 290-6909, with any additional questions or comments you may have regarding this. Sincerely, ~U- Michael Perreault Board Chair of Memorial Hospital District in Forest Lake F:\users\JOHN\DMH\Dissolution\Municipality Itr - Centerville.doc 7? I' CERTIFICATION The undersigned, Chair of the Governing Board of Memorial Hospital District at Forest Lake, hereby certifies and attests that he has reviewed the attached Resolution and Final Order dated November 9, 2006, and that the same is a true and correct copy of original Resolution and Final Order passed and approved by said Governing Board on November 9, 2006. Dated: , 1//J(~/O-6 I ' F:\users\JOHN\DMH\Dissolution\certitication for certitied copies. v2.doc ~d/- Michael Perreault, Chair ~ ,. . ,:. . , RESOLUTION AND FINAL ORDER The Governing Board of Memorial Hospital District in Forest Lake (the "Governing Board") met on November 9, 2006 at a special meeting. The Governing Board, after having reviewed, discussed and considered issues concerning the proposed dissolution of Memorial Hospital District in Forest Lake (the "Hospital District''), hereby makes the following Resolution and Final Order of Dissolution: RECITALS AND FINDINGS A. The Hospital District was duly formed pursuant to applicable Minnesota Statutes in 1960 and has existed as a district hospital since that date. B. On or about January 1, 1995, the Hospital District and Fairview Hospital and Health Care Services ("Fairview") entered into an Affiliation Agreement and a Lease Agreement ("Lease Agreement"). The Lease Agreement, among other things, provided that Fairview would take possession of the Hospital District's facility in the City of Forest Lake (the "Hospital Facility"). In addition, the Lease Agreement granted Fairview the option to purchase the Hospital Facility and related assets. C. Since the date of the Lease Agreement, Fairview has opened and continues to operate a regional health care facility in Wyoming, Minnesota (the "Regional Facility"). D. In February 2006, the Hospital District conveyed title to the Hospital Facility and related assets to Fairview pursuant to an earlier exercise by Fairview of its option to acquire the same. E. Following the conveyance referred to in the immediately preceding Recital and Finding, the Hospital District received a Petition for the Dissolution of the Hospital District which had been adopted pursuant to a Resolution by the Hugo City Council on or about June 19, 2006 (the "Petition for Dissolution"). F. The Governing Board finds that upon the conveyance of the Hospital Facility and related assets referred to in Recital D, all property of the Hospital District, except certain funds (the "Remaining Funds"), have been disposed of, or will be disposed of at the time of the distribution of Remaining Funds as set forth elsewhere herein. G. The Board hereby specifically finds that as a result of the opening and continued operation of the Regional Facility, and the conveyance to Fairview of the Hospital Facility and related assets, the conditions which originally existed for the creation of the Hospital District no longer exist and that the dissolution of the Hospital District is appropriate under the circumstances. H. The Petition for Dissolution contained a proposal. for the distribution of the remaining funds of the Hospital District in accordance with Minn. Stat. ~7.38. That proposal suggested that the remaining assets of the Hospital District be divided equally among c:\Doeuments and Settings\Jobn Miller\Desktop\DMH\Dissolution\Resol and Order.7.doc It) " .. y' . " the five constituent municipalities. The Governing Board has considered several suggestions for the distribution of the Remaining Funds of the Hospital District, and finds that the proposal contained in the Petition for Dissolution is fair, reasonable, just, and equitable. The Board also finds that the Remaining Funds are, at least in part, the result of tax revenue raised for the purpose of delivery of healthcare within the District, and, accordingly, the Cities in the District should be strongly encouraged to use their ponion of the Remaining Funds for a purpose related to hea1thcare. I. All indebtedness of the Hospital District has been paid, or will be paid, upon the full compliance with all of the conditions contained in this Order. J. The Governing Board has received a report from the Treasurer of the Hospital District and finds that the Remaining Funds of the Hospital District which shall be available for distribution to the constituent municipalities, upon the compliance and completion of the conditions of this Order, is in the amount of approximately $86,915.60. K. The constituent municipalities of the Hospital District (also referred to as the "related governmental subdivisions" in Minn. Stat. ~447.38, Subd. I) are as follows: . The City of Lino Lakes . The City of Hugo . The City of Forest Lake . The City of Centerville . The City of Columbus RESOLUTION AND FINAL ORDER OF DISSOLUTION I. Pursuant to the above Recitals and Findings, the Governing Board hereby directs and orders that the following actions be taken pursuant to Minn. Stat. Section 447: a The Clerk shall deliver to Treasurer of the Hospital District a copy of this Resolution and Final Order of Dissolution; b. The Clerk shall send for filing with the Anoka and Washington County Auditors of certified copies of this Resolution and Final Order of Dissolution, together with the request that the same be filed with the County Recorder as a public record; c. The County Auditor of Washington County shall be requested to transmit a certified copy of this Resolution and Final Order of Dissolution to the Secretary of State to be filed as a public record. d. The attorney for the Hospital shall assist in the coordination and/or monitoring of the activities described above, and shall notify the Treasurer of the C:\Documents and Settings\JoIm MiJler\Desktop\DMH\DissoIution\ResoI and Order.7.doc fI ~ . \,,) ~ . " .. completion of the same, and shall other take all reasonably necessary or appropriate action to effectuate the dissolution of the Hospital District. 2. Upon the completion of the actions referred to above, and the acceptance by the Secretary of State, the Remaining Funds of the Hospital District shall be divided and distributed to the constituent municipalities in equal proportions. The Treasurer of the Hospital District has calculated the amount due to each municipality as of November 9, 2006 to be $17,383.12. The Clerk shall deliver to the constituent municipalities their respective shares of the Remaining Funds pursuant to the cover letters approved at the November 9,2006 meeting. Said cover letters shall be sent via certified mail or by personal delivery. 3. Upon the completion of the above, the Hospital District shall be deemed to be dissolved in without further action by the Board. *************** The foregoing Resolution and Final Order of Dissolution was duly adopted by the Governing Board of District Memorial Hospital at a special meeting of the Governing Board on November 9, 2006 pursuant to the passing of a motion for the approval of said Resolution and Final Order made, seconded and passed at said meeting. Dated: 11- ?,-cJt;;. ~~ Sam Mattson lerk C:\Documents and Settings\Jobu Miller\Desktop\DMH\Dissolution\Resol and Order.7.doc ?L STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE RESOLUTION #06-0XX A RESOLUTION ESTABLISHING GUIDELINES FOR APPOINTMENTS TO COMMITTEE OR COMMISSIONS WHEREAS, the City Council has the duty of appointing members to serve on City committee( s) and commission( s), and WHEREAS, in order to facilitate timely and effective filling of vacancies on the committee( s) and commissions, the Council hereby adopts the following guidelines for said appointments: NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF CENTERVILLE, ANOKA COUNTY, MINNESOTA: SECTION 1 · Candidate(s) for consideration shall be in good standing with the City and not have any of the following outstanding/unresolved: o Delinquent utility bills/fees or fines o Building code violations o Ordinance violations o Pending plat or development agreement · Candidate(s) shall submit the designated documentation referenced below within a time frame set by the Council: o City form o Resume or background letter summarizing the applicants qualifications SECTION 2 . All candidates will be provided an opportunity to interview with the Council within a reasonable amount of time and within the Council's schedule. The Council will endeavor to complete its review and appointment process within 21 days. Prior to the interview City staff will provide to each candidate the committee/commission bylaws and the City code of ethics. The interview will consist of the following: o Predetermined set of question approved by the Council o Candidate will be asked if they have read the bylaws and code of ethics and if appointed agre~ to uphold them. /3 SECTION 3 . When making appointments the Council will consider qualifications of candidates as well as make an attempt to represent a geographic cross section of the City. . Candidates will be formally notified by letter of the Council's decision. SECTION 4 . The City Administrator will notify the chairperson of the committee/commission on the Council decision. . The chairperson will contact their new committee/commission member prior to the next regular scheduled meeting to introduce him or herself and bring the new member update on issues/agenda items. SECTION 5 The Council expresses its intention to follow these guidelines, however reserving the right to modify the process or procedure when in the opinion of the Council, circumstances require such modification. Adopted by the Council this _ day of , 2006. Mary Capra, Mayor Attest: Teresa Bender, City Clerk ,/ P4 DRAFT DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF CENTERVILLE, MINNESOTA AND CENTERVILLE MAINSTREET, LLC 1309762vRED V3 to V2; 12122106 ~s. TABLE OF CONTENTS Page Introduction....................................................................................................................... ............ 1 ARTICLE I DEFINITIONS .................... .......... ...... ............ ...................................... ........... 6 Section 1.1. Definitions............................. ........................ .....................................:. 6 ARTICLE II REPRESENTATIONS AND WARRANTIES.............................................. 11 Section 2.1. Representations and Warranties of the City....................................... 11 Section 2.2. Representations and Warranties of the Developer............................. 11 ARTICLE III REIMBURSEMENT OF PROJECT COSTS................................................ 12 Section 3.1. . Statement of Intent............................................................................. 12 Section 3.2. Conveyance of Development Property ..............................................12 Section 3.3. Acquisition of Development Property ............................................... 13 Section 3.4. Issuance of Tax Increment Bonds................;..................................... 14 Section 3.5. Limitations on Financial Undertakings of the City............................ 14 Section 3.6. Use of Tax Increment Bond Proceeds ............................................... 14 Section 3.7. Installation of Public Improvements .................................................. 15 ARTICLE IV UNDERTAKINGS BY DEVELOPER AND CITy..................................... 16 Section 4.1. Reimbursement of Costs for Projects ................................................ 16 Section 4.2. Tax Increment Revenue Notes........................................................... 16 Section 4.3. Use of Development Property Tax Increments...............~.................. 17 Section 4.4. Reimbursement of Costs for Projects ................................................ 17 ARTICLE V CONSTRUCTION OF MINIMUM IMPROVEMENTS.................:............ 19 Section 5.1. Construction of Minimum Improvements ......................................... 19 Section 5.2. Construction Plans ............................................................................. 19 Section 5.3. Commencement and Completion of Construction............................. 20 ARTICLE VI INSURANCE................................................................................................. 21 Section 6.1. Insurance ....................................................... ..................................... 21 Section 6.2. Condemnation.................................................................................... 23 Section 6.3. Reconstruction or Payment ................................................................ 23 Section 6.4. Relationship to Mortgagee .................................................................23 ARDCLE VII ASSESSMENT AGREEMENTS AND OTHER COVENANTS ................. 24 Section 7.1. Execution of Assessment Agreements............................................... 24 Section 7.2. Real Property Taxes ...........................................................................25 ARTICLE VIII MORTGAGE FINANCING ..........................................................................27 Section 8.1. Limitation Upon Encumbrance of Property ....................................... 27 Section 8.2. Approval of Mortgage........................................................................ 27 Section 8.3. Notice of Default; Copy to Mortgagee .............................................. 27 1309762vRED V3 to V2; 12J22J06 1 ~lp Section 8.4. Section 8.5. Section 8.6. Mortgagee's Option to Cure Defaults ................................................ 28 City's Option to Cure Default on Mortgage....................................... 28 Subordination and Modification for the Benefit of Mortgagees........ 29 ARTICLE IX PROHIBillONS AGAINST ASSIGNMENT AND TRANSFER; INDEMNIFICATION. ............ .............. ...... ............ .... ................................... 30 Section 9.1. Transfer of Substantially All Assets .................................................. 30 Section 9.2. Prohibition Against Transfer of Property and Assignment of Agreement... ........... ......; ............ ...... ........ ...... ...... .... ............. .............. 30 Section 9.3. Release and Indemnification Covenants............................................ 31 Section 9.4. Approvals... ........................................................................ ................ 32 ARTICLE X DEVELOPER EVENTS OF DEF AUL T....................................................... 33 Section 10.1. Events of Default Defined ................................................................. 33 Section 10.2. Remedies on Default.......................................................................... 34 Section 10.3. No Remedy Exclusive........................................................................ 34 Section 10.4. No Implied Waiver ............................................................................ 34 Section 10.5. Agreement to Pay Attorney's Fees and Expenses .............................. 34 ARTICLE XI ADDITIONAL PROVISIONS ...................................................................... 36 Section 11.1. Restrictions on Use ............................................................................ 36 Section 11.2. Conflicts of Interest............................................................................ 36 Section 11.3. Titles of Articles and Sections ........................................................... 36 Section 11.4. Notices and Demands ........................................................................ 36 Section 11.5. Counterparts .......................... .............. ............................................... 37 Section 11.6. Modification.......................... ............................................................. 37 Section 11.7. Law Governing .................................................................................. 37 Section 11.8. Legal Opinions................................................................................... 37 Section 11.9. No Business Subsidy.......................................................................... 37 Section 11.10. City Approvals ...................................................................................37 Section 11.11. Rule of Construction .......................................................................... 38 Section 11.12. Purchase Agreement(s) ...................................................................... 38 EXHIBIT A-I EXHIBIT A-2 EXHIBIT B DESCRIPTION OF DEVELOPMENT PROPERTY ................................. A-I PICTORIAL OF PROJECTS ...................................................................... A-2 PERMITTED ENCUMBRANCES...................... .................................. .........B 1309762vRED V3 to V2; 12/22/06 ii '6, DEVELOPMENT AGREEMENT TIllS AGREEMENT, made as of the _ day of December, 2006, by and among the City of Centerville, Minneso~ a municipal corporation and political subdivision organized and existing under the Constitution and the laws of the State of Minnesota (the "City") and Centerville Mainstreet, LLC, a Minnesota limited liability company (the "Developer"). WITNESSETH: WHEREAS, in the summer of2005, the City commissioned Damon Farber Associates to lead a community task force to prepare a master plan, a set of design guidelines and zoning amendments for the redevelopment of Downtown Centerville; WHEREAS, on January 11, 2006, The Master Plan and Development Guidelines were adopted by the City (the "Development Project"). The Master Plan was established to provide a suggested framework for the commencement of the redevelopment of Centerville's downtown as a vibrant mixed-use destination; WHEREAS, pursuant to Minnesota Statues, Section 469.028 the City is authorized to establish Development Projects in order to provide for the redevelopment of the City; WHERAS, pursuant to Minnesota Statues, Section 469.176, the City is authorized to finance the capital and administration costs of a Development Project with tax increment revenues derived from a tax increment financing district established within such redevelopment project(s); WHEREAS, among the major objectives of the City in establishing the Development Project and the Tax Increment District are to: eradicate blight and blighting conditions within the City, enhance the tax base of the City, provide decent, safe, and sanitary housing opportunities for the residents of the City, promote and secure the prompt cOlIllIiercial development of certain real property located in the "Development Project," which property is not now in productive use or in its highest and best use, in a manner consistent with the City's Comprehensive Plan and with a minimum adverse impact on the environment, and promote and create additional employment opportunities within the City for residents of the City and the surrounding area, thereby improving living standards and reducing unemployment; WHEREAS, as a part of the implementing the Master Plan, within the Development Project the City has acquired one property, which is owned by the City, and has the right to acquire and assemble other properties within the Development Project area; WHEREAS, at the August 9, 2006, joint Centerville City Council and Planning Commission work session, Developer presented its qualifications as developer for the Downtown Centerville Development Project. After demon.stniting the ability to develop commercial, retail, multifamily housing along with for-sale townhomes, Developer was instructed to start working on a Development Agreement with the City Attorney and the City Administrator; 1309762vRED V3 to V2; 12/22/06 <t2 WHEREAS; the redevelopment of the Development Property, as provided herein would not be economically feasible "but-for" the discounted purchase price of the land to be bought by Developer and the public improvements that will be financed by the City; WHEREAS, the City believes that the redevelopment of the Development Project are in the vital and best interests of the City and the health, safety, morals and welfare of its residents, and in accord with the public purposes and provisions of applicable federal, state and local laws; WHEREAS, pursuant to Minnesota Statutes, the City will form "Project 1-Bl-2," Project 1-B7, Project 1-B8, Project 1-B9, Project 2-B4, Project 2-B5, Project 2-BE-W, Project 3.-B6,Project 3-B10 and Project 4-B3 (collectively hereinafter referred as the "Development Project"); WHEREAS, pursuant to the provisions of Minnesota Statutes, Section 469.174 through 469.179 as amended (hereinafter, the "Tax Increment Act") the City will create Tax Increment Financing District I-Bl-2 ("Tax Increment District 1-Bl-2"), and will adopt a tax increment financing plan (the "Tax Increment District 1-Bl-2 Plan"); WHEREAS, pursuant to the provisions of Minnesota Statutes, Section 469.174 through 469.179 as amended (hereinafter, the "Tax Increment Act") the City will create Tax Increment Financing District I-B7 ("Tax Increment District 1-B7"), and will adopt a tax increment financing plan (the "Tax Increment District 1-B7 Plan"); WHEREAS, pursuant to the provisions of Minnesota Statutes, Section 469.174 through 469.179 as amended (hereinafter, the "Tax Increment Act") the City will create Tax Increment Financing District 1-B8 ("Tax Increment District 1-B8"), and will adopt a tax increment financing plan (the "Tax Increment District 1-B8 Plan"); WHEREAS, pursuant to the provisions of Minnesota Statutes, Section 469.174 through 469.179 as amended (hereinafter, the "Tax Increment Act") the City will create Tax Increment Financing District 1-B9 ("Tax Increment District 1-B9"), and will adopt a tax increment financing plan (the "Tax Increment District 1-B9 Plan"); WHEREAS, pursuant to the provisions of Minnesota Statutes, Section 469.174 through 469.179 as amended (hereinafter, the "Tax Increment Act") the City will create Tax Increment Financing District 2-B4 ("Tax Increment District 2-B4"), and will adopt a tax increment financing plan (the "Tax Increment District 2-B4 Plan"); WHEREAS, pursuant to the provisions of Minnesota Statutes, Section 469.174 through 469.179 as amended (hereinafter, the "Tax Increment Act") the City will create Tax Increment Financing District 2-B5 ("Tax Increment District 2-B5"), and will adopt a tax increment financing plan (the "Tax Increment District 2-B5 Plan"); WHEREAS, pursuant to the provisions of Minnesota Statutes, Section 469.174 through 469.179 as amended (hereinafter, the "Tax Increment Act") the City will create Tax Increment 2 )59 Financing District 2-BE- W ("Tax Increment District 2-BE- W"), and will adopt a tax increment financing plan (the "Tax Increment District 2-BE-WPlan"); WHEREAS, pursuant to the provisions of Minnesota Statutes, Section 469.174 through 469.179 as amended (hereinafter, the "Tax Increment Act") the City will create Tax Increment Financing District 3-B6 ("Tax Increment District 3-B6"), and will adopt a tax increment financing plan (the "Tax Increment District 3-B6 Plan"); WHEREAS, pursuant to the provisions of Minnesota Statutes, Section 469.174 through 469.179 as amended (hereinafter, the "Tax Increment Act") the City will create Tax Increment Financing District 3-BlO ("Tax Increment District 3-BI0"), and will adopt a tax increment financing plan (the "Tax Increment District 3-BI0 Plan"); WHEREAS, pursuant to the provisions of Minnesota Statutes, Section 469.174 through 469.179 as amended (hereinafter, the "Tax Increment Act") the City will create Tax Increment Financing District 4-B3 ("Tax Increment District 4-B3"), and will ~opt a tax increment financing plan (the "Tax Increment District 4-B3 Plan"); WHEREAS, the City will establish a redevelopment plan for each Project (the "Development Plans") that provides for the use of tax increment financing, up to the statutory limits, in connection with development within the Development Project; and WHEREAS, pursuant to the provisions of the Tax Increment Act the City will create Tax Increment Financing District I-BI-2 ("Tax Increment District I-BI-2"), and will adopt a tax increment financing plan (the "Tax Increment District I-BI-2 Plan"); and WHEREAS, pursuant to the provisions of the Tax Increment Act the City will create Tax Increment Financing District I-B7 ("Tax Increment District I-B7"), and will adopt a tax increment financing plan (the "Tax Increment District I-B7 Plan"); and WHEREAS, pursuant to the provisions of the Tax Increment Act the City will create Tax Increment Financing District I-B8 ("Tax Increment District I-B8"), and will adopt a tax increment financing plan (the "Tax Increment District I-B8 Plan"); and WHEREAS, pursuant to the provisions of the Tax Increment Act the City will create Tax Increment Financing District I-B9 ("Tax Increment District I-B9"), and will adopt a tax increment financing plan (the "Tax Increment District I-B9 Plan"); and WHEREAS, pursuant to the provisions of the Tax Increment Act the City will create Tax Increment Financing District 2-B4 ("Tax Increment District 2-B4"), and will adopt a tax increment financing plan (the "Tax Increment District 2-B4 Plan"); and WlIEREAS, pursuant to the provisions of the Tax Increment Act the City will create Tax Increment Financing District 2-B5 ("Tax Increment District 2-B5"), and will adopt a tax increment financing plan (the "Tax Increment District 2-B5 Plan"); and 3 C}D WHEREAS, pursuant to the provisions of the Tax Increment Act the City will create Tax Increment Financing. District 2-BE-W ("Tax Increment District 2-BE-W"), and will adopt a tax increment financing plan (the "Tax Increment District 2-BE- W Plan"); and WHEREAS, pursuant to the provisions of the Tax Increment Act the City will create Tax Increment Financing District 3-B6 ("Tax Increment District 3-B6"), and will adopt a tax increment financing plan (the "Tax Increment District 3-B6 Plan"); and WHEREAS, pursuant to the provisions of the Tax Increment Act the City will create Tax Increment Financing District 3-BlO ("Tax Increment District 3-BIO"), and will adopt a tax increment financing plan (the "Tax Increment District 3-BIO Plan"); and WHEREAS, pursuantto the provisions of the Tax Increment Act the City will create Tax Increment Financing District 4-B3 ("Tax Increment District 4-B3"), and will adopt a tax increment financing plan (the "Tax Increment District 4-B3 Plan"); and WHEREAS, pursuant to the provisions of the Tax Increment Act the'City will create Tax Increment Financing Districts I-Bl-2, I-B7, I-B8~ I-B9, 2-B4, 2-B5, 2-BE-W, 3-B6, 3-BIO and 4-B3 (individually respectively referred to as "Tax Increment District I-Bl-2, I-B7, I-B8, I-B9, 2-B4, 2-B5, 2-BE-W, 3-B6, 3-BIO and 4-B3" and collectively the "Tax Increment Districts"), and will adopt a tax increment financing plans (individually respectively referred to as "Tax Increment District Plan I-BI-2, I-B7, I-B8, I-B9, 2-B4, 2-B5, 2-BE-W, 3-B6, 3-BlO and 4-B3" and collectively the "Tax Increment District Plans"); and WHEREAS, the Tax Increment Districts and the Tax Increment District Plans are collectively referred to as the "Tax Increment Financing Plan"; and WHEREAS, in order to achieve the objectives of the Development Plan and particularly to make the land in the Development Project available for development by private enterprise in conformance with the Development Plan, the City has determined to issue the Tax Increment Bonds to finance certain costs of a Project to be undertaken by the Developer; and WHEREAS, a major objective of the Development Plan and Tax Increment Plan is to assist redevelopment and development and prevent the further deterioration of land located within the Development Project; and WHEREAS, the City believes that the development of a certain Project as more fully set forth in this Agreement pursuant to the terms of this Agreement, and fulfillment of this Agreement are vital and are in the best interests of the City and the health, safety, morals and welfare of its residents, and in accordance with the public purpose and provisions of the applicable state and local laws and requirements under which the Project has been undertaken and is being assisted. NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: 4 q( ARTICLE I DEFINITIONS Section 1.1. Definitions. All capitalized terms used and not otherwise defined herein shall have the following meanings unless a different meaning clearly appears from the context: "Agreement" means this Agreement, as the same may be from time to time modified, amended or supplemented in accordance with its terms; "City" means the City of Centerville, Minnesota; "Construction Plans" means collectively the Construction Plans for any Project(s) and shall included but not be limited to the plans, specifications, drawings and related documents of the construction work to be performed by the Developer on the Development Project and the plans (a) shall be as detailed as the plans, specifications drawings and related documents which are submitted to the building inspector of the City, and (b) shall include at least the following: (1) site plan; (2) foundation plan; (3) floor plan for each floor; (4) cross sections of each (length and width); and (5) elevations (all sides); "Countv'~ means the County of Anoka; "Develooer" means Centerville Mainstreet, LLC, its successors and assigns; "Development Property" means the real property identified on Exhibit A-I and pictured on Exhibit A-2; "Event of Default" means any of the events described in Section 10.1; "First Mortgage" means any Mortgage which Developer purchases the Development Property subject to or any Mortgage granted to secure any loan made pursuant to either a mortgage commitment obtained by the Developer from a commercial lender or other financial institution to purchase the Development Property or fund any portion of the construction costs and initial operating capital requirements of the Minimum Improvements, or all such Mortgages as appropriate; "Minimum Improvements" means collectively the Minimum Improvements for the entire Development Project; "Mortga2e" means any mortgage or security agreement in which the Developer has granted a mortgage or other security interest in the Development Property, or any portion or parcel thereof, or any improvements constructed thereon, and which is a permitted encumbrance; ''Net Proceeds" means any proceeds paid by an insurer to the Developer, the City or the City under a policy or policies of insurance required to be provided and maintained by the Developer and remaining after deducting all expenses (including fees and disbursements of counsel) incurred in the collection of such proceeds; 5 g~ "Development Property" means the real property (including any Minimum Improvements thereon) described in Exhibit A-I of this Agreement; "Development Property Tax Increments" means the tax increments derived from the Development Properties and received and retained by the City .and computed in accordance with the provisions of Minnesota Statutes, Section 469.177; "Permitted Encumbrances" means the encumbrances described in Exhibit B to this Agreement; "Person" means any individual, corporation, partnership, joint venture, association, joint- stock company, trust, unincorporated organization, or government or any agency or political subdivision thereof; "Project I-BI-2" means the improvements that will be completed on Blocks 1- 2 of Development Property; "Project I-B7" means the improvements that will be completed on Block 7 of Development Property, generally consisting of at least 30 units of residential rental apartments; "Project I-B8" means the improvements that will be completed on Block 8 of Development Property, as shown on Exhibit A-2 and labeled as "Project I-B8;" "Project I-B9" means the improvements that will be completed on Block 9 of Development Property, as shown on Exhibit A-2 and labeled as "Project I-B9;" "Project 2-B4" means the improvements that will be completed on Block 4 of Development Property, as shown on Exhibit A-2 and labeled as "Project 2-B4;" "Project 2-B5" means the improvements that will be completed on Block 5 of Development Property, as shown on Exhibit A-2 and labeled as "Project 2-B5;" "Project 2-BE-W" means the improvements that will be completed on that real property shown on Exhibit A-2 and labeled as "Project 2-BE-W;" "Project 3-B6" means the improvements that will be completed units on Block 6 of Development Property, as shown on Exhibit A-2 and labeled as "Project 3-B6;" "Project 3-BI0" means the improvements that will be completed units on Block 10 of Development Property, as shown on Exhibit A-2 and labeled as "Project 3-BIO;" "Project 4-B3" means the improvements that will be completed on Block 3 of Development Property, as shown on Exhibit A-2 and labeled as "Project 4-B3;" "Project I-BI-2 Minimum Improvements" means the substantial completion of the improvements contemplated by and in accordance with this Agreement and the Construction Plans and generally described as consisting of at least 48 units of residential rental apartments; 6 q3 "Project I-B7 Minimum Improvements" means the Minimum Improvements to be completed on Block 7 of Development Property, generally consisting of at least 30 units of residential rental apartments; "Project I-B8 Minimum Improvements" means the substantial completion of the improvements contemplated by and in accordance with this Agreement and the Construction Plans and generally described as consisting of at least 40 units of residential rental apartments and an approximately 17,000 square feet of commercial/retaiVcommon area located on the first floor of the building; "Project I-B9 Minimum Improvements" means the substantial completion of the improvements contemplated by and in accordance with this Agreement and the Construction Plans and generally described as consisting of approximately 12,000 square feet of commercial property split between two floors; "Project 2-B4 Minimum Improvements" means the substantial completion of the improvements contemplated by and in accordance with this Agreement and the Construction Plans and generally described as consisting of at least 32 units of residential multi-family housing, either rental apartments or for sale ownership, and an approximately 12,000 square feet of commercial/retaiVcommon area located on the fIrst floor of the building; "Project 2-B5 Minimum ImDrovements" means the substantial completion of the improvements contemplated by mid in accordance with this Agreement and the Construction Plans and generally described as consisting of at least 60 units of residential multi-family housing, either rental apartments or for sale ownership, and an approximately 17,000 square feet of commercial/retaiVcommon area located on the fIrst floor of the building; "Project 2-BE-W Minimum ImDrovements" means the substantial completion of the improvements contemplated by and in accordance with this Agreement and the Construction Plans and generally described as consisting of approximately 40 units of residential owner- occupied townhouses; "Project 3-B6 Minimum Improvements" means the substantial completion of the improvements contemplated by and in accordance with this Agreement and the Construction Plans and generally described as consisting of at least 60 units of residential multi-family housing, either rental apartments or for sale ownership; "Project 3-BlO Minimum Improvements" means the substantial completion of the improvements contemplated by and in accordance with this Agreement and the Construction Plans and generally described as consisting of approximately 40 units of residential owner- occupied townhouses; "Project 4-B3 Minimum Improvements" means the substantial completion of the improvements contemplated by and in accordance with this Agreement and the Construction Plans and generally described as at least 12 units of residential rental apartments and approximately 10,000 square feet of commercial/retaiVcommon area located on the fIrst floor of ~~~ . 7 q4 "Proiects" mean any combination of the following Projects: I-BI-2; I-B7; I-B8; I-B9; 2-B4; 2-B5; 2-BE-W; 3-B6; 3B-I0; and 4-B3; "Public Immovements" means collectively the Public Improvements constructed as part of the Development Project; "Purchase Agreement" means any purchase agreement to be entered into between the City and the Developer relating to the Development Property; "State" means the State of Minnesota; "Tax Increment District No. I-B 1-2" means Tax Increment Financing District No. I-B 1- 2 qualified as a redevelopment district under the Tax Increment Act; "Tax Increment District No. I-B7" means Tax Increment Financing District No. I-B7 qualified as a redevelopment district under the Tax Increment Act; "Tax Increment District No. I-B8" means Tax Increment Financing District No. I-B8 qualified as a redevelopment district under the Tax Increment Act; "Tax Increment District No. I-B9" means Tax Increment Financing District No. I-B9 qualified as a redevelopment district under the Tax Increment Act; "Tax Increment District No. 2-B4" means Tax Increment Financing District No. 2-B4 qualified as a redevelopment district under the Tax Increment Act; "Tax Increment District No. 2-B5" means Tax Increment Financing District No. 2-B5 qualified as a redevelopment district under the Tax Increment Act; "Tax Increment District No. 2-BE- W" means Tax Increment Financing District No. 2- BE- W qualified as a redevelopment district under the Tax Increment Act; "Tax Increment District No. 3-B6" means Tax Increment Financing District No. 3-B6 qualified as a redevelopment district under the Tax Increment Act; "Tax Increment District No. 3-BI0" means Tax Increment Financing District No. 3-BIO qualified as a redevelopment district under the Tax Increment Act; "Tax Increment District No. 4-B3" means Tax Increment Financing District No. 4-B3 qualified as a redevelopment district under the Tax Increment Act; "Tax Increment Bonds" means the General Obligation Tax Increment Bonds the proceeds of which will be used to finance the Public Improvements; the term "Tax Increment Bondsll shall also include any bonds or obligations issued to refund any Tax Increment Bonds; "Termination Date" means the date of expiration of this Agreement; 8 CiS "Unavoidable Delays" means delays, outside the control of the party claiming its occurrence, which are the direct result of strikes, other labor troubles, unusually severe or prolonged bad weather, acts of God, terrorist acts, fire or other casualty to the Minimum Improvements, litigation commenced by third parties which, by injunction or other similar judicial action or by the exercise of reasonable discretion, directly results in delays, acts of any federal, state.or local governmental unit (or the City) which directly result in delays (except with respect to performance of the Authority'$ or the City's obligations hereunder), failure to receive or delays in the receipt of necessary approvals from federal, state or local authorities, which directly result in delays. Time lost as a result of Unavoidable Delays applicable to any deadline set forth in this Agreement shall be added to extend said deadline by a number of days equal to the number of days lost as a result of Unavoidable Delays. 9 q~ ARTICLE II REPRESENTATIONS AND WARRANTIES Section 2.1. ReDresentations and Warranties of the City. The City makes the following representations and warranties: (1) The City is a municipal corporation and political subdivision organized under the provisions of the Constitution, and laws of the State and has the power to enter into this Agreement and carryout its obligations hereunder. (2) The Tax Increment Districts are each a "Development District" within the meaning of Minnesota Statutes, Section 469.174, Subdivision 10, and was created, adopted and approved in accordance with the terms of the Tax Increment Act. (3) The development contemplated by this Agreement is in conformance with the development objectives set forth in the respective Construction Plans and the Tax Increment Financing Plans. (4) Except as set forth in the Purchase Agreement, the City makes no representation or warranty, either expressed or implied, as to the environmental condition of the Development Property. Section 2.2. ReDresentations and Warranties of the Develo(>er. The Developer makes the following representations and warranties: (1) The Developer has power to enter into this Agreement and to perform its obligations hereunder and is not in violation of any provisions of the laws of the State; and (2) Subject to the terms of the Development Agreement, the Developer will cause the Minimum Improvements to be constructed, operated and maintained in accordance with the terms of this Agreement, the Development Plan and all local, state and federal laws and regulations (including, but not limited to, environmental, zoning, energy conservation, building code and public health laws and regulations). (3) The Developer will obtain, or cause to be obtained, in a timely manner, all required permits, licenses and approvals and will meet, in a timely manner, all requirements of all applicable local, state, and federal laws and regulations which must be obtained or met before the Minimum Improvements may be lawfully constructed. (4) Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement is prevented, limited by or conflicts with (unless all necessary waivers, consents or the like have been obtained) or results in a breach of, material terms, conditions or provision of any contractual restriction, evidence of indebtedness, agreement or 10 q1 instrument of whatever nature to which the Developer is'now a party or by which it is bound, or constitutes a material default under any of the foregoing. (5) . The Developer will cooperate fully with the City with respect to any litigation commenced with respect to the Project. (6) The Developer will cooperate fully with the City in determining. a mutually acceptable resolution of any traffic, parking, trash removal or public safety problems which may arise in connection with the construction and operation of the Projects. (7) The Developer would not undertake the Projects in the reasonably foreseeable future without the use of tax increment financing contemplated by this Agreement. (8) Subject to. the terms of this Agreement, the Developer expects that, barring Unavoidable Delays, the construction of the Projects will commence by and be completed by: I-BI-2 6/30/2007 12/31/2008 I-B7 3/31/2008 4/30/2009 I-B8 7/31/2007 12/31/2008 I-B9 12/31/2007 12/31/2008 2-B4 3/31/2009 4/30/2010 2-B5 3/31/2010 4/30/2011 2-BE-W 3/31/2009 12/31/2011 3-B6 3/31/2012 12/31/2013 3B-1O 3/31/2012 12/31/2013 4-B3 4/30/2014 12/31/2015 ARTICLE III REIMBURSEMENT OF PROJECT COSTS Section 3.1. Statement of Intent. It is the intent of the parties that the City reimburse the Developer for a portion of the costs incUrred by the Developer in acquiring the Development Property upon satisfaction of the conditions set forth in Section 3.2. 11 98 . Section 3.2. Conveyance of Development Property. (1) The City shall convey to the Developer and the Developer shall acquire from the City the portions of the Development Property owned by the City or acquired by the City for the purchase price mutually agreed to subject to satisfaction of the following conditions precedent: (a) The Developer shall be in material compliance with all the terms and provisions of this Agreement; (b) The Developer shall have submitted to the City Construction Plans for the Minimum Improvements and such Construction Plans shall have been approved by the City pursuant to Section 5.2 of this Agreement; (c) The Developer shall furnish the City evidence, in a form satisfactory to the City such as a letter of commitment from a bank or other lending institution, that the Developer has firm commitments for financing for the acquisition of the Development Property and construction financing for the Minimum Improvements in an amount sufficient, together with equity commitments, to acquire the Development Property and complete the Minimum Improvements in conformance with the Construction Plans, or the City shall receive such other evidence of financial ability as in the reasonable judgment of the City is required; and (d) The Developer shall have satisfied the conditions set forth in the Purchase Agreement to be entered into between the City and the Developer; and (e) Issuance of the Tax Increment Bonds. Section 3.3. Acquisition of Development ProDertv. Developer agrees that it will use reasonable efforts to acquire the portions of Development Property not currently owned by the City at Developer's sole cost and expense. If after Developer has made reasonable efforts to acquire the Development Property and Developer is unable to do so, the City agrees to acquire the Development Property through eminent domain or otherwise subject to the following terms and conditions: (1) Developer agrees to deposit, at such times as the City determines such funds are necessary to be deposited, with the City an amount equal to 100% of the appraised value of the Development Property to be acquired by condemnation and all acquisition costs. Such funds will be held by the City in an interest bearing account (the "Escrowed Funds"). In lieu of such Escrowed Funds, Developer can provide to the City a letter of credit in a form satisfactory to the City. (2) If during the course of the eminent domain proceeding or negotiations in lieu thereof, there is a determination that the amount necessary to acguire the Development Property is greater than the Escrowed Funds or letter of credit, the City shall notify Developer, and upon such notification Developer shall deposit additional funds or provide a new letter of credit for such acquisition or, in the alternative notify the City that it is unable or unwilling to deposit such additional funds in which case the eminent domain proceedings or negotiations will be 12 q~ terminated, and the Escrowed Funds or the letter of credit will be returned to Developer subject to all costs that the City is required to pay pursuant to statute or other costs incurred in connection with such eminent domain proceeding. (3) Ifunder any circumstances the City is required to "quick take" the Development Property, the Developer shall pay the valuation amount needed to acquire the Development Property in the eminent domain proceeding. Section 3.4. Issuance of Tax Increment Bonds. The City agrees to exercise its best efforts to take all steps necessary to issue the Tax Increment Bonds, prior to the respective Commencement Date, in an amount sufficient to finance the Public Improvements. The obligation of the City to issue the Tax Increment Bonds shall be subject to the limitations provided in Section 3.5 of this Agreement. Section 3.5. Limitations on Financial Undertakings of the City. Notwithstanding the provisions of Section 3.4, the City shall issue the Tax Increment Bonds subject to the following conditions precedent: (1) The City is entitled under Section 10.02 of this Agreement to exercise any of the remedies set forth therein as a result of an Event of Default; and (2) There has been, or there occurs, a substantial change for the worse in the financial resources and ability of the Developer, or a substantial decrease in the financing commitments secured by the Developer for construction of the Minimum Improvements, which change(s) makes it substantially more likely, in the reasonable judgment of the City, that the Developer will be unable to fulfill its covenants and obligations under this Agreement. Section 3.6. Use of Tax Increment Bond Proceeds. (1) The City's obligation to disburse proceeds of Tax Increment Bonds to the Developer for the costs of the installation of the Public Improvements shall be subject to satisfaction of the following conditions precedent: (a) The Developer shall be in material compliance with all the terms and provisions of this Agreement; (b) The Developer shall have submitted to the City Construction Plans for the Minimum Improvements and such Construction Plans shall have been approved by the City pursuant to Section 5.2 of this Agreement; (c) The Developer shall furnish the City evidence, in a form satisfactory to the City such as a letter of commitment from a bank or other lending institution, that the Developer has firm commitments for financing for the acquisition of the Development Property and construction financing for the Minimum Improvements in an amount sufficient, together with equity commitments, to acquire the Development Property and complete the Minimum Improvements in conformance with the Construction Plans, or 13 100 the City shall receive such other evidence of financial ability as in the reasonable judgment of the City is required; and (d) The Developer shall have' satisfied the conditions set forth in the Purchase Agreement to be entered into between the City and the Developer; (e) Issuance of the Tax Increment Bonds; and (t) Delivery of an irrevocable letter of credit issued by a financial institution and in a form satisfactory to the City in an.amount equal to the cost of the Public Improvements which letter of credit shall be released when the Minimum Improvements are complete; provided, however, that with approval of the City, the letter of credit may be reduced from time to time as work on the Public Improvements is completed. (2) The proceeds of the Tax Increment Bonds shall be disbursed monthly upon submission to the City of the following documentation: (i) a completed AlA Document 0702 certified by the inspecting architect/engineer; and (ii) lien waivers relating to the previous monthly disbursement. Section 3.7. Installation of Public Improvements. In connection with the Public Improvements the Developer shall contract with a registered engineer to prepare plans and specifications for the Public Iniprovements, provided that the Developer shall obtain the City's approval of the engineer and the plans and specifications. The Developer shall install the Public Improvements in accordance with the State law requirements relating to installation of public improvements, including compliance with public bidding requirements and shall obtain payment and performance bonds as required by State law. 14 10 I ARTICLE IV UNDERTAKINGS BY DEVELOPER AND CITY Section 4.1. Reimbursement of Costs for Proiects. As consideration for the execution of this Agreement and the construction of the Projects by the Developer, subject to the further provisions of this Agreement, including but not limited to the limitations on source of reimbursement and amount set forth in Section 4.3 hereof, the City agrees to reimburse the Developer for a portion of the costs of the Development Property (the "Eligible Project Costs") actually incurred and paid by the Developer in an amount as set forth below: I-BI-2 I-B7 I-B8 I-B9 2-B4 2-B5 2-BE-W 3-B6 3B-1O 4-B3 $1,040,500 $262,300 $962,000 $194,200 $595,300 $656,400 $833,900 $1,215,600 $256,500 $902,800 Section 4.2. Reimbursement: Tax Increment Revenue Note. The City shall pay the Developer the Reimbursement Amount through the issuance of the City's respective Tax Increment Note, subject to the following conditions: (1) The respective Note shall be dated, issued and delivered to the Developer after the Developer has certified to the City that the Development Property has been acquired and has submitted evidence satisfactory to the City (such as a purchase agreement or closing statement) that it has paid Eligible Project Costs in the amount of not less than the respective Reimbursement Amount. (2) The unpaid principal amount of the respective Note shall bear interest from the date of the respective Note, equal to the interest rate incurred by the Developer on the financing of the respective Project. Interest shall be computed on the basis ofa 360 day year consisting of twelve (12) 30 day lDonths. . (3) The principal amount of the respective Note and interest thereon shall be payable exclusively from the Development Property Tax Increments defined in (4) below. (4) The City shall apply the percentage of Development Property Tax Increments determined by the City's fiscal consultant necessary to amortize the principal and interest on the respective Note on the respective Note Payment Date (the "Pledged Development Property Tax 15 lO~ Increments"). Such percentage of Development Property Tax Increments shall be determined at the time such respective Note is 'issued. On each respective Note Payment Date and subject to the provisions of the respective Note, the City shall pay against.the principal and interest outstanding on the respective Note the percentage of Pledged Development Property Tax Increments received by the City during the preceding 6 months. All such payments shall be applied first to accrued interest and then to reduce the principal amount of the respective Note. (5) The respective Note shall be a special and limited obligation of the City and not a general obligation of the City, and only Pledge Development Property Tax Increments shall be used to pay the principal and interest on the respective Note. If, on any respective Note Payment Date, the Pledged Development Property Tax Increments for the payment of the accrued and unpaid interest on the respective Note are insufficient for such purposes, the difference shall be carried forward, without interest accruing thereon, and shall be paid if and to the extent that on a future respective Note Payment Date there are Pledged Development Property Tax Increments in excess of the amounts needed to pay the accrued interest thereon then due on the respective Note. (6) The City's obligation to make payments on the respective Note on any respective Note Payment Date or any date thereafter shall be conditioned upon the requirement that (A) there shall not at that time be an Event of Default that has occurred and is continuing under this Agreement and (B) this Agreement shall not have been rescinded pursuant to Section 5.2. (1) The respective Note shall be governed by and payable pursuant to the additional terms thereof. In the event of any conflict between the terms of the respective Note and the terms of this Section 4.2, the terms of the respective Note shall govern. The issuance of the respective Note pursuant and subject to the terms of this Agreement, and the taking by the City of such additional actions as bond counsel for the respective Note may require in connection therewith, are hereby authorized and approved by the City. Section 4.3. Use of Development Prooerty Tax Increments. The City shall be free to use the Development Property Tax Increments, other than those to which the Developer is entitled pursuant to the provisions of Section 4.2 hereof, for any purpose for which the Development Property Tax Increments may lawfully be used pursuant to applicable provisions of Minnesota law. ARTICLE V CONSTRUCTION OF MINIMUM IMPROVEMENTS Section 5.1. Construction of Minimum Improvements. The Developer agrees that it will cause the Minimum Improvements on the Development Property to be constructed substantially in conformance with the approved Construction Plans. The Developer agrees that the scope and scale of the Minimum Improvements to be constructed shall not be significantly less than the.scope and scale of the Minimum Improvements as detailed and outlined in the Construction Plans. 16 103 Section 5.2. .Construction Plans. The Developer shall cause to be provided to the City Construction Plans, which shall be subject to approval by the City as provided in this Section . 5.2. The Construction Plans shall provide for the Minimum Improvements to be constructed on the Development Property, and shall be in conformity with this Agreement, and all applicable state and local laws and regulations. The City shall approve the Construction Plans. in writing if: (a) the Construction Plans conform to the terms and conditions of this Agreement; (b) the Construction Plans conform to the terms and conditions of the Development Project; (c) the Construction Plans conform to all applicable federal, state and local laws, ordinances, rules and ~egulations; (d) the Construction Plans are adequate for purposes of this Agreement to provide for the construction of the Minimum Improvements; and ( e) no Event of Default under the terms of this Agreement has occurred; provided, however, that any such approval of the Construction Plans pursuant to this Section 5.2 shall constitute approval for the purposes of this Agreement only and shall not be deemed to constitute approval or waiver by the City with respect to any . building, zoning or other ordinances or regulation of the City, and shall not be deemed to be sufficient plans to serve as the basis for the issuance of a building permit if the Construction Plans are not as detailed or complete as the plans otherwise required for the issuance of a building permit. The Construction Plans must be rejected in writing by the City within thirty (30) days of submission or shall be deemed to have been approved by the City. If the City rejects the Construction Plans in whole or in part, the Developer shall submit new or corrected Construction Plans within thirty (30) days after receipt by the Developer of written notification of the rejection, accompanied by a written statement of the City specifying the respects in which the Construction Plans submitted by the Developer fail to conform to the requirements of this Section 5.2. The provisions of this Section 5.2 relating to approval, rejection and resubmission of corrected Construction Plans shall continue to apply until the Construction Plans have been approved by the City; provided, however, that in any event the Developer shall submit Construction Plans which are approved prior to reconveyance of the Development Property to the Developer by the City or commencement of construction of the Minimum Improvements. Approval of the Construction Plans by the City shall not relieve the Developer of any obligation to comply with the terms and provisions of this Agreement, or the provision of applicable federal, state and local laws, ordinances and regulations, nor shall approval of the Construction Plans by the City be deemed to constitute a waiver of any Event of Default. If the Developer desires to make any material change it) the Construction Plans after their approval by.the City, the Developer shall submit the proposed change to the City for its approval. If the Construction Plans, as modified by the proposed change, conform to the approval criteria. listed in this Section 5.2 with respect to the original Construction Plans and do not constitute a material modification to the scope, size or use of the respectjve Project or to the site plan thereforee, the City shall approve the proposed change. Such change in the Construction Plans shall be deemed approved by the City unless rejected in writing within ten (10) days by the City with a statement of the City's reasons for such rejection. Approval of Construction Plans hereunder is solely for purposes of this Agreement and shall not constitute approval for any other City purpose. 17 l04 ARTICLE VI INSURANCE Section 6.1. Insurance. (a) The Developer will provide and maintain or cause to be maintained at all times during the process of constructing the Minimum Improvements (and, from time to time at the request of the City, furnish the City with certificates of insurance on): (i) Builder's risk insurance, written on the so-called "Builder's Risk - Completed Value Basis" in an amount equal to one hundred percent (100%) of the insurable value of the Minimum Improvements at the date of completion, and with coverage available on the so-called "all risk" form of policy; the interest of the City shall be protected by naming the City as an additional named insured; (ii) Commercial general liability insurance (including operations, premises, "X.C.D." where applicable, Products/Completed Operations, Contractual Liability, Broad Form Property Damage and Independent Contractors with limits against bodily injury and property damage of not less than $1,000,000, together with excess umbrella limits of not less than $1,000,000; and (Hi) Worker's compensation insurance, with statutory coverage. (b) Upon completion of construction of the Minimum Improvements and prior to the Termination Date, the Developer shall maintain, or cause to be maintained, at its cost and expense, insurance as follows: (i) Insurance against loss and/or damage to the Minimum Improvements under a policy or policies covering such risks as are ordinarily insured against by similar businesses, including (without limiting the generality of the foregoing) fire, extended coverage, vandalism and malicious mischief, explosion, water damage, demolition cost, debris removal, and collapse in an amount not less than the full insurable replacement value of the Minimum Improvements. No policy of insurance shall be so written that the proceeds thereof will produce less than the minimum coverage required by the preceding sentence, by reason of co-insurance provisions or otherwise, without the prior consent thereto in writing by the City. The term "full insurable replacement value" shall mean the actual replacement cost of the Minimum Improvements (excluding foundation and excavation costs and costs of underground flues, pipes, drains and other uninsurable items) and equipment. All policies evidencing insurance required by this subparagraph (i) with respect to the Minimum Improvements shall be carried in the name of the Developer. The City and the holder of the First Mortgage will be represented on such policies, as their respective interests may appear. 18 105 (ii) Commercial general public liability insurance, including personal injury liability for injuries to persons and/or damages to property, including any injuries resulting from the operation of automobiles or other motorized vehicles on or about the Development Property, in the minimum amount for each year of $1,000,000 (together with excess umbrella limits of not less than $1,000,000). (Hi) Such other insurance, including worker's compensation insurance respecting all employees of the Developer, in such amount as is customarily carried by like organizations engaged in like activities of comparable size and liability exposure; provided that the Developer may be self-insured with respect to all or any part of its liability for worker's compensation. (c) All insurance required in this Article VI shall be taken out and maintained in responsible insurance companies selected by the Developer which are authorized under the laws of the State to assume the risks covered thereby. The Developer shall deposit annually with the CitY a certificate or certificates or binders of the respective insurers stating that such insurance is in force and effect. Unless otherwise provided in this Article VI, each policy shall contain a provision that the insurer shall not cancel or materially modify it without giving written notice to the Developer and the City at least thirty (30) days before the cancellation or modification becomes effective. As soon as reasonably possible, the Developer shall furnish the City evidence satisfactory to the City that the policy has been renewed or replaced by another policy conforming to the provisions of this Article VI, or that there is no necessity therefore under the terms hereof. In lieu of separate policies, the Developer may maintain a single policy, or blanket or umbrella policies, or a combination thereof, which provide the total coverage required herein, in which event the Developer shall deposit with the City a certificate or certificates of the respective insurers as to the amount of coverage in force upon the Minimum Improvements. (d) The Developer agrees to notify the City immediately in the case of damage exceeding $100,000 in amount to, or destruction of, the Minimum Improvements or any portion thereof resulting from fire or other casualty. Subject to the provisions of any First Mortgage, Net Proceeds of any insurance shall be paid directly to the Developer, and the Developer will forthwith repair, reconstruct and restore the Minimum Improvements to substantially the same or an improved condition or value as they existed prior to the event causing such damage and, to the extent necessary to accomplish such repair, reconstruction and restoration, the Developer will apply the Net Proceeds of any insurance relating to such damage received by the Developer to the payment or reimbursement of the costs thereof. (e) The Developer shall complete the repair, reconstruction and restoration of the Minimum Improvements, whether or not the Net Proceeds of insurance received by the Developer for such purposes are sufficient. Section 6.2. Condemnation. In the event that title to and possession of the Minimum Improvements or any other material part thereof shall be taken in condemnation or by the. 19 IOle exercise of the power of eminent domain by any governmental body or other person (except the City), so long as the Assessment Agreement shall remain in effect, the Developer shall, with reasonable promptness after such taking, notify the City as to the nature and extent of such taking. Section 6.3. Reconstruction or Payment. Upon receipt of any Condemnation Award or property insurance proceeds, the Developer shall use the entire Condemnation Award to reconstruct the Minimum Improvements (or, in the event only a part of Minimum Improvements have been taken, then to reconstruct such part) upon "the Development Property or elsewhere within the Tax Increment District; provided, however, that the Developer may instead elect to pay to the City out of the Condemnation Award or property insurance proceeds, if and to the extent any such Condemnation Award or property insurance proceeds are sufficient for such purpose the sum of the outstanding principal amount of the Tax Increment Bonds. Section 6.4. Relationship to Mortgagee. The provisions of Section 6.1 shall be subject to the subordination, modification and waiver provisions of Section 8.7 but shall otherwise remain in full force and effect with respect to the Developer's obligations to maintain insurance, notify the City of any casualty and reconstruct the Minimum Improvements upon such casualty unless provision is made to the satisfaction of the City for the reimbursement of all public . redevelopment costs incurred by the City in connection with the Project. ARTICLE VII OTHER COVENANTS Section 7.1 Real Property Taxes. The Developer shall prior to the Term.in8.tion Date pay all real property taxes payable with respect to all parts of the Development Property acquired and owned by it and pursuant to the provisions of the Assessment Agreement and any other statutory or contractual duty that shall accrue subsequent to the date of its acquisition of title to the Development Property (or part thereof) and until title to the property is vested in another person. The Developer agrees that prior to the Termination Date: (a) It will not seek administrative review or judicial review of the applicability of any tax statute relating to the ad valorem property taxation of real property contained on the Development Property determined by any tax official to be applicable to the Project or the Developer or raise the inapplicability of any such tax statute as a defense in any proceedings with respect to the Development Property, including delinquent tax proceedings; provided, however, "tax statute" does not include any local ordinance or resolution levying a tax; and (b) It will not seek administrative review or judicial review of the constitutionality of any tax statute relating to the taxation of real property contained on the Development Property determined by any tax official to be applicable to the. respective Project or the Developer or raise the unconstitutionality of any such tax statute 20 lOt as a defense in any proceedings, including delinquent tax proceedings with respect to the Development Property; provided, however, "tax statute" does not include any local ordinarice or resolution levying a tax; Section 7.2 Public Assistance. In order to achieve the foregoing multi-use Development, it is anticipated that various Projects in the Development will require provisions addressing a variety of forms of public assistance that may be necessary in order to accomplish the Develop:t:Ilent. Examples of public assistance which may be ultimately be agreed upon may include, but are not limited to, the following: (a) Site Assembly & Land Write-Down. The City must consider acquisition of some or all of the Development Property based upon terms and conditions contained in the Development contract. Acquisition may be through negotiated purchase, or, after a good faith effort to acquire the site, condemnation or a combination. Acquired properties must be conveyed to the Developer at a write- down, subject to all of the applicable provisions oflaw. The write-down price may take into consideration any pending or levied special assessments. The difference between the City's assembly costs and the sale price may be paid to the Developer out of Project tax increment. (b) City Fees. The City must consider a write down or waiver 6fCity Fees to assist with the financing gap. City fees that must be considered for a write down or waiver are, but shall not be limited to: i. Park Dedication; li. Sewer and Water Access Charge (except that portion of SAC required by Met Council); lii. Building Inspection Fees; and iv. Public Improvements (financed by City ofCenterville via: special assessment bonds under Minnesota Statues Chapter 429) (c) Grants. The City, as well as other outside sources such as Department of Employment and Economic Development, the Metropolitan Council and Anoka County Livable Communities Development Block Grant will be requested to provide grants and/or loans in the form of cash to permit the Developer to redevelop the Project. The City will cooperate with and support the Developer in any efforts to secure grants or similar funding. The use of any grant(s) and the amount of such grant(s) will not be known until the exact scope and anticipated use of the Projects are finally determined and established, and the availability of certain types of grants, and a definitive budget for the Development Project are established. (d) Capital Improvement Financing. The City will issue bonds for specific capital improvements. Minnesota Statutes Section 475 (The CIP Act) allows the City to issues bonds for the purpose of a city hall, public safety facility, and public works facility. An improvement must have an expected useful life offive (5) years or more to qualify. Only public safety, public works facilities, and City Hall facilities may be 21 IO~ financed with general obligation bonds under the CIP Act. Other capital improvements within will be financed with special assessment bonds under Minnesota Statues Chapter 429. (e) Debt. The City may be asked to provide certain loans to the Developer to support the Development Project. Any agreement by the City to make such loans will be subject to the absolute discretion of the City and will also depend upon a clearly available source of funding, and appropriate security. ARTICLE vm MORTGAGE FINANCING Section 8.1. Limitation Upon Encumbrance of Property. Prior to the completion of the Minimum Improvements, as determined by the City, neither the Developer nor any successor in interest to the Development Property or any part thereof shall engage in any financing or any other transaction creating any mortgage or other encumbrance or lien upon the Development Property, other than Permitted Encumbrances, whether by express agreement or operation of law, or suffer any encumbrance or lien to be made on or attach to the Development Property, other than Permitted Encumbrances, except: (a) for the purposes of obtaining funds only to the extent necessary for the acquisition of the Development Property and making the Minimum Improvements (including, but not limited to, labor and materials, equipment, professional fees, real estate taxes, construction interest, organization and other indirect costs of development, costs of constructing the Minimum Improvements, an allowance for contingencies, costs of issuance of any bond or note issue to fund construction or acquisition of the respective Project, amounts required to fund any bond or note reserves relating to construction or acquisition of the Project, and amounts required to fund any required escrow accounts); and (b) only upon the prior written approval of the City in accordance with Sections 8.1 and 8.2. The City shall not approve any Mortgage which does not contain terms that conform to the terms of Section 8.5, except as provided in Section 8.6 of this Agreement. ",. Section 8.2. Approval of Mortgage. The City shall approve a Mortgage if: (a) the City first receives a copy of all mortgage documents; (b) the mortgage loan, together with other funds available to the Developer, will, in the reasonable judgment of the City, be sufficient to construct the Minimum Improvements; 22 ,. l09 (c) the City is not entitled under Section 10.02 to exercise any of the remedies set forth therein as a result of an Event of Default; . (d) the City determines that the terms of the Mortgage conform to the terms of Section 8.5." Section 8.3. Notice of Default: Copy to Mormagee. Whenever the City or the City shall deliver any notice or demand to the Developer with respect to any breach or default by the Developer in his obligations or covenants under the Agreement, the City shall at the same time forward a copy of such notice or demand to each holder of any Mortgage authorized by the Agreement at the last address of such holder shown in the records of the City. Section 8.4. Mortgagee's Option to Cure Defaults. After any breach or default referred to in Section 8.3, each such holder of a Mortgage shall (insofar as the rights of the City are concerned) have the right, at its option, to cure or remedy such breach or default (or such breach or default to the extent that it relates to the part of the Development Property covered by its mortgage) and to add the cost thereof to the Mortgage debt and the lien of its Mortgage; provided, however, that if the breach or default is with respect to construction of the Minimum Improvements, nothing contained in this Section or any other Section of this Agreement shall be deemed to require such holder, either before or after foreclosure or action in lieu thereof, to undertake or continue the construction or completion of the Minimum Improvements, provided that any such holder shall not devote the Development Property to a use inconsistent with the Development Plan or this Agreement without the agreement of the City. Section 8.5. City's Option to Cure Default on Mortgage. Any Mortgage authorized pursuant to this Article VIII, and executed by the Developer or any subordination agreement relating to such mortgage entered into by the City with respect to the Development Property or any improvements thereon shall provide that, in the event that the Developer is in default under such Mortgage and the holder of the Mortgage notifies the Developer of such default, the holder of the Mortgage shall also notify the City in writing of: (a) the fact of the default; (b) the elements of the default; and . (c) the actions required to cure the default. If the default is an "Event of Default" under such Mortgage, which shall entitle such holder thereof to foreclose upon the Development Property, the Minimum Improvements or any portion thereof, and any applicable grace periods have expired, the City shall have, and each Mortgage executed by the Developer or any subordination agreement relating to such Mortgage entered into by the City, with respect to the Development Property or any improvements thereon shall provide that the City shall have such an opportunity to cure the "Event of Default" within such reasonable time period as the holder shall deem appropriate. Section 8.6. City's Option to Cure Default on Mortgage. Any Mortgage authorized pursuant to this Article VIII, and executed by the Developer or any subordination agreement 23 I 10 relating to such mortgage entered into by the City with respect to the Development Property or any improvements thereon shall provide that, in the event that the Developer is in default under such Mortgage and the holder of the Mortgage notifies the Developer of such default, the holder of the Mortgage shall also notify the City in writing of: (a) the fact of the default; (b) the elements of the default; and (c) the actions required to cure the default. If the default is an "Event of Default" under such Mortgage, which shall entitle such holder thereof to foreclose upon the Development Property, the Minimum Improvements or any portion thereof, and any applicable grace periods have expired, the City shall have, and each Mortgage executed by the Developer or any subordination agreement relating to such Mortgage entered into by the City, with respect to the Development Property or any improvements thereon shall provide that the City shall have such an opportunity to cure the "Event of Default" within such reasonable time period as the holder shall deem appropriate. . Section 8.7. Subordination and Modification for the Benefit of Mortgagees. (a) In order to facilitate the obtaining of financing for the construction or purchase of the Minimum Improvements by the Developer, the City agrees to subordinate their rights under this Agreement and for the purposes described in Section 8.1(a) of this Agreement, but only provided that the First Mortgage provides that if the holder of the First Mortgage shall foreclose on the Development Property, the improvements thereon, or any portion thereof, or accept a deed to the Development Property in lieu of foreclosure, it shall consent to the Assessor's Minimum Market Value set forth in the Assessment Agreement and provided that such subordination shall not relieve the Developer of its obligation hereunder to restore the Development Property in the event of damage, destruction or condemnation of all or any part of the Development Property. (b) In order to facilitate the obtaining of financing for the construction of the Minimum Improvements, the City agree that they shall agree to any reasonable modification of this Article VIII or Article V, intercreditor agreement or waiver of its rights hereunder to accommodate the interests of the holder of the First Mortgage, provided, however, that the City determines, in their reasonable judgment, that any such modification(s) will adequately protect the legitimate interests and security of the City with respect to the Project and the Development Project. The City also agree to consider such modification(s) of this Article VIII with respect to other holders, and to agree to such modifications if the City deem such modification(s) necessary and reasonably. ARTICLE IX PROHIBITIONS AGAINST ASSIGNMENT AND TRANSFER; INDEMNIFICATION 24 l I I Section 9.1. Transfer of Substantially all Assets. As security for the obligations of the Developer under this Agreement, the Developer represents and agrees that prior to the Termination Date, the Developer will not dispose of all or substantially all of its assets; provided that the Developer may sell or otherwise transfer to any Person all or substantially all of its assets and thereafter be discharged from liability hereunder (except as otherwise provided under clause (il)(B) below) if (i) the transferee Person assumes in writing all of the obligations of the Developer under this Agreement and the Assessment Agreement; and (il) the City receives either (A) such new security from the successor Developer to assure completion of the respective Project as the City reasonably deems necessary or desirable, or (B) such evidence as the City shall reasonably require, including an opinion of counsel, that the existing obligations provided pursuant to Section 7.1 will remain in effect and will be enforceable against the existing Developer upon a default by the successor Developer with respect to completion of the respective Project. Section 9.2. Prohibition Against Transfer ofPropertv and Assilplment of Agreement. The Developer represents and agrees that prior to the Termination Date: (a) Except only by way of security for, and only for, the purpose of obtaining financing necessary to enable the Developer or any successor in interest to the Development Property, or any part thereof, to perform its obligations with respect to acquiring the Development Property and making the Minimum Improvements under this Agreement, and any other purpose authorized by this Agreement, the Developer has not made or created and will not make or create or suffer to be made or created any total or partial sale, assignment, conveyance, or lease (other than in the normal course of business), or any trust or power, or transfer in any other mode or form of or with respect to the Agreement or the Development Property or any part thereof or any interest therein, or any contract or agreement to do any of the same, without the prior written approval of the City. (b) The City shall be entitled to require, except as otherwise provided in the Agreement, as conditions to any such approval that: (i) Any proposed transferee shall have the qualifications and financial responsibility, in the reasonable judgment of the City, necessary and adequate to fulfill the obligations undertaken in this Agreement by the Developer. (il) Any proposed transferee, by instrument in writing satisfactory to the City and in form recordable among the land records, shall, for itself and its successors and assigns, and expressly for the benefit of the City, have expressly assumed all of the obligations of the Developer under this Agreement and agreed to be subject to all the conditions and restrictions to which the Developer is subject (unless the Developer agrees to continue to fulfill those obligations, in which case the preceding provisions of this Section 9.2(b)(il) shall not apply); provided, however, that the fact that any transferee of, or any other successor in interest whatsoever to,. the Development Property, or any part thereof, shall not, for whatever reason, have assumed such obligations or so agreed, and shall not 25 [/ ~ (unless and only to the extent otherwise specifically provided in this Agreement or agreed to in writing by the City) deprive the City of any rights or remedies or controls with respect to the Development Property or the construction of the Minimum Improvements; it being the intent of the parties as expressed in this Agreement that (to the fullest extent permitted at law and in equity and excepting only in the manner and to the extent specifically provided otherwise in this Agreement) no transfer of, or change with respect to, ownership in the Development Property or any part thereof, or any interest therein, however consummated or occurring, and whether voluntary or involuntary, shall operate, legally or practically, to deprive or limit the City of or with respect to any rights or remedies or controls provided in or resulting from this Agreement with respect to the Minimum Improvements that the City would have had, had there been no such transfer or change. In the absence of specific written agreement by the City to the contrary, no such transfer or approval by the City thereof shall be deemed to relieve the Developer, or any other party bound in any way by this Agreement or otherwise with respect to the construction of the Minimum Improvements, from any of its obligations with respect thereto. (iii) There shall be submitted to the City for review and prior written approval all instruments and other legal documents involved in effecting the transfer of any interest in this Agreement or the Development Property governed by this Article IX. Section 9.3. Release and Indemnification Covenants. (a) Except for any willful misrepresentation or any negligent act or omission, willful or wanton misconduct or any unlawful act of the indemnified parties, the Developer releases the City and the governing body members, officers, agents, servants and employees thereof (hereinafter, for purposes of this Section 9.3, the "indemnified parties") from, covenants and agrees that the indemnified parties shall not be liable for, and agrees to indemnify and hold harmless the indemnified parties against, any loss or damage to property or any injury to or death of any person occurring at or about or resulting from any defect in the Minimum Improvements. (b) Except for any willful misrepresentation or any negligent act, willful or wanton misconduct or any unlawful act of the indemnified parties, the Developer agrees to protect and defend the indemnified parties, now or forever, and further agrees to hold the indemnified parties harmless, from any claim, demand, suit, action or other proceeding whatsoever by any person or entity whatsoever arising or purportedly arising (i) from any violation of any agreement or condition of this Agreement by the Developer (except with respect to any suit, action, demand or other proceeding brought by the Developer against the City to enforce its rights under this Agreement) or (ii) the acquisition, construction, installation, ownership, and operation of the Minimum Improvements by the Developer. 26 113 (c) The indemnified parties shall not be liable for any damage or injury to the persons or property of the Developer or its officers, agents, servants or employees or any. other person who may be about the Minimum Improvements due to any act of negligence of any person, other than any act of negligence on the part of any such indemnified party or its officers, agents, servants or employees. (d) All covenants, stipulations, promises, agreements and obligations of the City contained herein shall be deemed to be the covenants, stipulations, promises, agreements and obligations of the City, respectively, and not of any governing body member, officer, agent, servant or employee of the City in the individual capacity thereof. Section 9.4. Aoorovals. Notwithstanding Section 9.1 and 9.2, any approval ofa transfer of interest in the Developer, this Agreement, or all or a part of the Development Property required to be given by the City under this Article IX may be denied only in the event that the City reasonably determines that the ability of the Developer to perform its obligations under this Agreement and its obligation, to pay ad valorem real property taxes assessed with respect to the Development Property, or the overall financial security provided to the City Under the terms of this Agreement, or the likelihood of the Minimum Improvements being successfully constructed and operated and maintained pursuant to the terms of this Agreement, will be materially impaired by the action for which approval is sought. ARTICLE X DEVELOPER EVENTS OF DEFAULT Section 10.1. Events of Default Defined. Anyone or more of the following shall be an "Event of Default" under this Agreement: (a) Failure by the Developer to timely pay pursuant to Article VII all ad valorem real property taxes assessed with respect to the Development Property. (b) Failure by the Developer to cause the construction of the Minimum Improvements to be commenced and completed pursuant to the terms, conditions and limitations of Article V. ( c) Failure by the Developer to cause the Minimum Improvements to be reconstructed when required pursuant to Article VI. (d) Transfer of any interest in the Developer or the Project in violation of the provisions of Article IX. (e) Failure by the Developer to substantially observe or perform any other material covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement. 27 II L/- (f) The holder of any Mortgage on the Development Property, or any improvements thereon, or any portion thereof, commences foreclosure proceedings as a result of any default under the applicable Mortgage documents. (g) The Developer shall (A) file any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the United States Bankruptcy Act of 1978, as amended or under any similar federal or state law; or (B) make an assignment for the benefit of its creditors; or (C) admit in writing its inability to pay its debts generally as they become due; or (0) be adjudicated a bankrupt or insolvent; or if a petition or answer proposing the adjuration of the Developer, as a bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer $haIl not be discharged or denied within ninety (90) days after the filing thereof; or a receiver, trustee or liquidator of the Developer, or of the Project, or part thereof, shall be appointed in any proceeding brought against the Developer, and shall not be discharged within ninety (90) days after such appointed, or if the Developer, shall consent to or acquiesce in such appointment. Section 10.2. Remedies on Default. Whenever any Event of Default referred to in Section 10.1 occurs and is continuing, the City may take anyone or more of the following actions after (except in the case ofan Event of Default under subsections (a) or (g) of Section 10.1) the giving of thirty (30) days' written notice to the Developer and the holder of the First Mortgage of the Event of Default by the City, but only if the Event of Default has not been cured within said thirty (30) days, or if the Event of Default cannot be cured within thirty (30) days and the Developer does not provide assurances to the City reasonably satisfactory to the City that the Event of Default will be cured as soon as reasonably possible. (a) The City may suspend its performance under this Agreement until it receives assurances from the Developer, deemed adequate by the City, that the Developer will cure its default and continue its performance under this Agreement. (b) The City may terminate this Agreement. ( c) The City may draw upon any guarantee or security provided to the City pursuant to any of the terms of this Agreement according to its terms. (d) The City may take any action, including legal or anministrative action, which may appear necessary or desirable to collect any payments due under this 28 J 15 Agreement, to sue for money damages, or to enforce performance and observance of any obligation, agreement, or covenant of the Developer under this Agreement. Section 10.3. No Remedy Exclusive. 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. 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 Section lOA. No Imolied Waiver. In"the event any agreement ~ontained in this Agreement should be breached by any party and thereafter waived by any other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. Section 10.5. Agreement to Pay Attornev's Fees and Expenses. Whenever any Event of Default occurs and the City shall employ attorneys or incur other reasonable expenses for the collection of payments due or to become due or for the enforcement or performance or observance of any obligation or agreement on the part of the Developer herein contained, the Developer agrees that it shall, on demand therefore, pay to the City the reasonable fees of such attorneys and such other reasonable expenses so incurred by the City. ARUCLE XI ADDITIONAL PROVISIONS " Section 11.1. Restrictions on Use. The Developer agrees for itself, assigns and every successor in interest to the Development Property, or any part thereof, that the Developer and such successors and assigns shall during $e term of this Agreement devote the Development Property to, and in accordance with, the uses specified in this Agreement Section 11.2. Conflicts of Interest No member of the governing body or other official of the City shall have any financial interest, direct or indirect, in this Agreement, the Development Property or the Minimum Improvements, or any contract, agreement or other transaction contemplated to occur or be undertaken thereunder or with respect thereto, nor shall any such member of the governing body or other official participate in any decision relating to the Agreement which affects his or her personal interests or the interests of any corporation, partnership or association in which he or she is directly or indirectly interested. No member, official or employee of the City shall be personally liable to the Developer in the event of any default or breach by the City under the terms of this Agreement Section 11.3. Titles of Articles and Sections. Any titles of the several parts, articles and Sections of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. 29 I J V Section 11.4. Notices and Demands. Except as otherwise expressly provided in this Agreement, a notice, demand or other communication under this Agreement by any party to any other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally, and (a) in the case of the Developer is addressed to or delivered personally to: Centerville Mainstreet, LLC Attention: Ronald G. Mehl 750 2nd StreetNE - Suite 100 Hopkins, Minnesota 55343 with a copy to: Lindquist & Vennum P .L.L.P. Attention: Laura Krenz 4200 IDS Center 80 South Eighth Street Minneapolis, Minnesota 55402 (b) in the case of the City, is addressed to or delivered personally to the City at: City of Centerville - City Hall Attention: Dallas Larson 1880 Main Street Centerville, MN 55038-9794 with a copy to: City of Centerville - City Hall Attention: John Meyer 1880 Main Street Centerville, MN 55038-9794 with a copy to: Smith & Glaser, L.L.C. Attention: Kurt B. Glaser 510 1st ave N. - Suite 610 Minneapolis, MN 55403 (c) in the case of the holder of the First Mortgage, is addressed or delivered personally to the address supplied; or at such other address with respect to any such party as that party may, from time to time, designate in writing and forward to the other, as provided in this Section. 30 117 Section 11.5. Countemarts. lbis Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. Section 11.6. Modification. If the Developer is requested by the holder of a Mortgage or by a prospective holder of a prospective Mortgage to amend or supplement this Agreement in any manner whatsoever, the City will, in good faith, consider the request with a view to granting the same unless the City, in their reasonable judgment, conclude that such modification is not in the public interest, or will significantly and undesirably weaken the financial security provided to the interests of the City as of the date of this Agreement by the terms and provisions of this Agreement. Notwithstanding the forgoing, the City's financial security shall not be deemed significantly or undesirably weakened by any refinancing of the Project which does not increase Developer's debt on the Project beyond the debt existing on the date of this Agreement. Section 11.7. Law Governing. This Agreement will be governed and construed in accordance with the laws of the State. Section 11.8. No Business Subsidv. This Agreement does not constitute a business subsidy within the meaning of Minnesota Statutes, Sections 116J.993 to 116J.995 by reason of the exception for assistance of land costs equal to the housing portion of the applicable Projects. Section 11.10. City Approvals. Any approval, execution of documents, or other action to be taken by the City pursuant to this Agreement, for the purpose of carrying out the terms of this Agreement or for the purpose of determining sufficient performance by Developer under this Agreement, may be made, executed or taken by the Mayor and Administrator of the City without further approval by the City Council. The Mayor and Administrator of the City may, but shall not be required to, consult with other City staff with respect to such matters. Section 11.11. Rule of Construction. The parties agree that this Agreement is not intended, nor shall it be construed, as a joint venture or other partnership between the City and the Developer or as empowering the Developer to act as an agent of the City, it being the intent of the parties that the Developer is at all times acting as an independent contractor and not as a partner or agent of the City. 31 / I ~ - IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in its name and on its behalf and its seal to be hereunto duly affixed, the City has caused this Agreement to be duly executed in its name and on its behalf, and the Developer has caused this Agreement to be duly executed in its name and on its behalf, on or as of the date first above written. CITY OF CENTERVILLE By: Its: Mayor By: Its: City Administrator (SEAL) This is a signature page to the Development Agreement by and among the City of Centerville, the City of Centerville and Centerville Mainstreet, L 32 II 9 Exhibit A-I The Development Properties: Property List ANOKA COUNTYPID# OWNER ADDRESS CITY, STATE & ZIP 233122210022 IND SCHOOL DISTRICT #12 4707 NORTH RD CIRCLE PINESMN 55014-0000 233122210023 IND SCHOOL DISTRICT #12 NO ADDRESS CIRCLE PINES MN 55014-0000 233122210024 MAGILL PROPERTIES INC 7709 20TH AVE N LINO LAKES MN 55038-0000 233122210025 STEFFEL PAUL H 1709 MAIN ST CENTERVILLE MN 55038-0000 233122210028 UNDERWOOD scon 211 BIRCH ST WlllTE BEAR LAKE MN 55110 233122210051 SCHEmLAUER PAMELA R 1737 MAIN ST HUGO MN 55038-0000 HELMBRECHT JERRY T & MARY 233122210052 10 1745 MAIN ST CENTERVILLE MN 55038-0000 233122210055 OPP DONALD W & MYRNA D 1554 HOLLY DR HUGO MN 55038-0000 233122210056 GNADKE RANDY J & HEIDI F 1751 MAIN ST CENTERVILLE MN 55038-0000 233122220004 SHEPPARD ROBERT & SUSAN 1695 MAIN ST HUGO MN 55038-0000 233122220005 SHEERAN ROBERT B 1691 MAIN ST CENTERVILLE MN 55038-0000 233122220008 BRILOWSKI MARK G & WENDY K 7124 MAIN ST CENTERVILLE MN 55038-0000 233122220009 ANOKACOUNTYOF 325 E MAIN ST ANOKA, MN 55303-0000 233122220010 COUNTY OF ANOKA 325 E MAIN ST ANOKA MN 55303-0000 233122220011 ANOKACOUNTYOF 325 E MAIN ST ANOKA MN 55303-0000 233122220015 CAMP PATRICIA R 7121 CENTERVILLE RD CENTERVILLE MN 55038-0000 233122220016 CAMP-BARON PATRICIA R 7121 CENTERVILLE RD CENTERVILLE MN 55038-0000 233122230005 CENTERVILLE CITY OF 1694 SOREL ST CENTERVILLE MN 55038-0000 233122230006 CENTERVILLE CITY OF 1694 SOREL ST CENTERVILLE MN 55038-0000 233122230008 CENTERVILLE CITY OF 1880 MAIN ST CENTERVILLE MN 55038-0000 233122230009 CENTERVILLE CITY OF 1694 SOREL ST CENTERVILLE MN 55038-0000 233122230010 CENTERVILLE CITY OF 1880 MAIN ST CENTERVILLE MN 55038-0000 233122230011 MARSHALL ERICK 1580 SOREL ST CENTERVILLE MN 55038-0000 233122230012 EDBERG REBECCA A 1680 SOREL ST CENTERVILLE MN 55038-0000 233122230013 BURKE PAUL 1683 LAKELAND CIRCLE CENTERVILLE MN 55038-0000 233122230014 CENTERVILLE CITY OF 1694 SOREL ST CENTERVILLE MN 55038-0000 233122230015 David KilIan 1695 SOREL ST CENTERVILLE MN 55038-0000 233122230016 LINDSAY JULIE A 1687 SOREL ST CENTERVILLE MN 55038-0000 233122230017 M & M ENDEAVORS LLC 21195 IVERSON AVE N FOREST LAKE MN 55025-0000 233122230018 KNABE ROBERT C PO BOX 304 HUGO MN 55038-0304 233122230019 M & M ENDEAVORS LLC 21195 IVERSON AVE N FOREST LAKE MN 55025-0000 233122230021 CARPENTER COLLEEN 6885 20TH AVES CENTERVILLE MN 55038-0000 233122230022 CARPENTER COLLEEN 6885 20TH AVES CENTERVILLE MN 55038-0000 233122230023 CHURCH OF ST GENEVIEVE 7087 GOIFFON ST CENTERVILLE MN 55014-0000 233122230046 DESPEN PETER M 1688 HERITAGE ST CENTERVILLE MN 55038-0000 233122230047 BROWN DAVID. 7045 CENTERVILLE RD CENTERVILLE MN 55038-0000 233122230048 IDGHLAND CHRISTINE 1680 HERITAGE ST CENTERVILLE MN 55038-0000 233122240038 GAINSLEY MARGARET 1724 HERITAGE ST CENTERVILLE MN 55038-0000 233122240004 BUSSE RICHARD 0 JR 1748 HERITAGE ST HUGO MN 55038-0000 233122240005 HENSEL LEO W & MARGARET M 1744 HERITAGE ST CENTERVILLE MN 55038-0000 1309762vRED V3 to V2; 12112106 A-I !~O ANOKA COUNTYPID# OWNER ADDRESS CITY, STATE & ZIP 233122240009 FERWERDAJONATHAN M 1716 HERITAGE ST CENTERVllLE MN 55038-0000 233122240010 R1V ARD HAROLD L & ANGELA M 7046 CENTERVILLE RD HUGO MN 55038-0000 233122240038 GAINSLEY MARGARET 1724 HERITAGE ST CENTERVILLE MN 55038-0000 233122240039 GAINS LEY MARGARET 1724 HERITAGE ST CENTERVILLE MN 55038-0000 233122240012 NEISIUS mOMAS J 7048 PROGRESS RD HUGO MN 55038-0000 233122240013 MCKAY CURTIS L & RHONDA J 1749 HERITAGE ST CENTERVILLE MN 55038-0000 MORAVEC GARY M & MICHELLE 233122240014 A 1745 HERITAGE ST HUGO MN 55038-0000 ANDERSON MARGARET A & PAUL 233122240015 A 7072 PROGRESS RD CENTERVllLE MN 55038-0000 ANDERSON PAUL A & MARGARET 233122240016 A 7072 PROGRESS RD HUGO MN 55038-0000 233122240025 MONTAINPAUL 6510 CENTERVILLE ROAD CENTERVILLE MN 55038-0000 233122240026 R1V ARD MARCEL H 7026 CENTERVILLE RD #103 CENTERVILLE MN 55038-0000 233122240027 NOBLE WELDING 7075 21ST AVE SO CENTERVILLE MN 55038-0000 233122240028 wm ENTERPRISES INC 7098 CENTERVILLE RD CENTERVILLE MN 55038-0000 233122240029 wm ENTERPRISES INC 7098 CENTERVILLE RD CENTERVILLE MN 55038-0000 233122240030 BISEK WILLIAM J 7098 CENTERVILLE RD CENTERVILLE MN 55038-0000 233122240040 MONTAIN PAUL D 6510 CENTERVILLE ROAD HUGO MN 55038-0000 233122240041 MONTAINPAULD 7082 CENTERVILLE RD CENTERVILLE MN 55038-0000 233122240031 GOETZ GINA M 1721 HERITAGE ST CENTERVILLE MN 55038-0000 233122240032 KINNING RICHARD W 7059 PROGRESS RD HUGO MN 55038-0000 233122240033 KING STEVEN D & DONNA K 1724 SOREL ST HUGO MN 55038-0000 233122240034 FISHER DAVID D 7072 CENTERVILLE RD HUGO MN 55038-0000 233122240035 SMITH JAMES H 1629 PELTIER LAKE DR HUGO MN 55038-0000 233122240036 BELDEN JOHN C & JULIANNE M 7056 CENTERVILLE RD HUGO MN 55038-0000 233122240043 PIERSIAK mOMAS R 7096 PROGRESS RD CENTERVILLE MN 55038-0000 233122240044 HILLMAN M R & REHBEIN C J 7086 PROGRESS RD CENTERVILLE MN 55038-0000 SUGDEN CHRISTOPHER & 233122240045 JENNIFER 7082 PROGRESS RD CENTERVILLE MN 55038-0000 233122240134 MILLS MYRA G 1744 MAIN ST CENTERVILLE MN 55038-0000 233122240020 MENSCH MARY 1742 MAIN ST CENTERVILLE MN 55038-0000 233122240021 MAROIS JON 1740 MAIN ST CENTERVILLE MN 55038-0000 233122220003 LALONDE WILLIAMS 1687 WESTVIEW ST CENTERVILLE MN 55038-0000 233122210013 DUPRE mOMAS J 1781 MAIN ST CENTERVILLE MN 55038-0000 233122220008 BRILOWSKI MARK G & WENDY K 7124 MAIN ST CENTERVILLE MN 55038-0000 233122220015 CAMP PATRICIA R 7121 CENTERVILLE RD CENTERVILLE MN 55038-0000 233122220016 CAMP - BARON PATRICIA R Unassilmed Status CENTERVILLE MN 55038-0000 233122220018 PJ BURKE INVESTMENTS LLC 7105 MAIN ST CENTERVILLE MN 55038-0000 23312222019 ANOKA COUNTY Unassilmed Status ANOKA MN 55303-0000 1309762vllED V3 to V2; 12/22/06 B-2 I ;;Ll EXHIBIT A-2 PICTORIALS OF PROJECT AREAS 1309762vllED V3 to V2; 12122/06 B-3 I ~ d... EXHIBIT B PERMITTED ENCUMBRANCES 1. Any law, ordinance or govenimental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the Development Property, or use or enjoyment of the Development Property, or regulating the character, dimensions or location of any improvement now or hereafter erected on the Development Property, or prohibiting a separation in ownership or a reduction in the dimensions or area of the Development Property, or the effect of any violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) resulting in no loss or damage to the Developer, or (b) attaching or created pursuant to Article VI subsequent to the conveyance of the Development Property to the Developer by the City. 4. Any Mortgage approved or permitted under Section 8.2 and any liens and encumbrances or other interests permitted under the terms of said Mortgage. 1309762vRED V3 to V2; 12122106 H-l / d.3 Message Teresa Bender Page 1 of 1 From: Klennert, Jennefer (jkIenner@wm.com] Sent: Wednesday, December 20, 2006 4:50 PM To: TBender@CentervlOemn.com Subject: RE: I'm sony. I left right before you sent this letter. Please send it to Carolyn. I like it! Jennefer -Qriglnal Message-- Fram: Teresa Bender [maHto:TBender@centervlllemn.com] Sent: Wednesday, December 20,20061:31 PM To: Klennert, Jennefer Subject: Dear Jennefer: Could you please deDver the attached letter on the City of CentervlUe's behalf. Thank you, Teresa Bender, CMC City Clerk City of Centervllle 1880 Main Street Centerville, MN 55038 (651) 429-3232 x 13 . 12/21/2006 J~'-I tervi{{e 'Esta6(isliec! 1857 1880 :Main Street . Centervi{(e, fM!N 55038 (651) 429-3232 . P~(651) 429-8629 December 20. 2006 Ms. Carolyn Smith County of Anoka Integrated Waste Management Department Government Center 2100 Third Avenue, Room 340 Anoka, MN 55303-2265 Dear Ms. Smith: The City of Centerville would like to request that Anoka County consider scheduling the Solid Waste Abatement Advisory Task Force meetings either on a bi-monthly or quarterly basis. It is our opinion that these meetings could be two (2) to three (3) hours in length and best serve our stafflalternates with productiveluseful information that could be utilized in our efforts to promote recycling and the environment. Our concerns are as follows: We have limited staff and a fiduciary responsibility to our communityltaxpayers to provide them with the most efficient staffing levels and services, including but not limited to recycling/environmental concerns and programs. Numerous meetings tend to be useless and time consuming. This letter is not intended to devalue the importance of recycling, the environment or the County's program(s) and effort(s); rather, for you to consider a more cost efficient, productive avenue for distribution of important information regarding recycling, environment, tools available and suggestions. If you have any questions, please feel free to contact me. Sincerely, I .d ~ L--.---~~~:~ ~ Teresa Bender City Clerk, CMC Cc: Commissioner Kordiak Commissioner Sivarajah Honorable Mayor and Council Members City Administrator / ~S , i'~ ",-,.. ..;~-~~~. ""r..',;,'!"' , /.1\ I, ROYALI~~~ November 7,2006 Dear Mr. Larson: Dallas Larson Administrator City of Centerville 1880 Main Street Centerville, Minnesota 55038 RE: Fairway Street Improvements This letter is written to reaffirm our Company's desire for the City of Centerville to complete the improvement ofFairview Street north of and adjacent to Royal Industrial Park and to assess the cost to the benefited properties. It was unfortunate that the improvements could not have been done this year and we desire the work to be done in the spring or early summer 2007. You can depend on Royal Oaks to pay all special assessments. Please do not hesitate to ask for securities if necessary. Sincerely, Marcel Eibensteiner, President Royal Oaks Realty,Inc. RECEIVED NOY 08 2008 CENTERVILLE. MN 1000 County Road E West, Suite 150 · Shoreview, Minnesota 55126 . (651) 483-5518 . Fax (651) 483-5642 www.royaloaksrealty.com LEAGUE OF MINNESOTA CITIES INSURANCE TRUST PROPERTY/CASUALTY 2006 DIVIDEND CALCULATION AT MAY 31, 2006 PAUL H STEFFEL INSURANCE 1709 MAIN STREET CENTERVILLE MN 55038 CENTE;RVILLE 1880 MAIN STREET CENTERVILLE MN 55038 GROSS EARNED PREMIUM ADJUSTED LOSSES $ 255,684 $ 35,130 MEMBERS DIVIDEND PERCENTAGE .00044030879 DIVIDEND AMOUNT $ 1,761 R~CE'VeD r ' 1 I lw.., 8;J06 LC?~~!Yd~\llllLEI MN - League of Minnesota Cities Insurance Trust Property/Casualty Program CENTERVILLE Premium and Dividend History $30,000 CENTERVILLE Premiums and Dividends Since 1987 $300,OOQ $250,000 $200,000 $150,000 $100,000 $50,000 $0 Premiums Dividends 188 // II oc;;:t ~ 0 !IoI:i;t 0 r--. ID ~ 0 r-l en " ID N ltl i:"- d' r-l , " ~ " ~ r-l lD N .. r-l +J I=l ~ Q) u ti 8 ~ ~ ~ +J ~ tI1 . 1'<1 = 0 r-l Ir Q nl 1'1.1 ~ .a.J lD .." 0 I-l LI1 E-l nl - Q r-l r-l Cl .g Cl Cl ~ - 1'1.1 , 0 LI1 J%l - t.l :>.. 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