HomeMy WebLinkAbout2000-02-23 CC
CITY COUNCIL MEETING AGENDA
WEDNESDAY, FEBRUARY 23,2000
6:00 p.QJ.
I
I. CALL TO ORDER
1. Roll Call
II. PUBLIC HEARING (S)
III. APPEARANCES/A WARDS
IV. CONSIDERATION OF MINUTES
1. February 9, 2000 City Council Meeting Minutes
V. PAYMENT OF CLAIMS
1. The City of Centerville February 10 through February 23, 2000
2. Centennial Fire District
VI. SET AGENDA
VII. PETITIONS AND COMPLAINTS
VIII. UNFINISHED BUSINESS
1. Snowmobile Strategies for the year 2000
2. Eagle Trucking
3. Health Benefits
IX. NEW BUSINESS
1. Select Cable Operator
2. Goals and Objectives for 2000
3. Public Works Property Request for Proposals
4. Hunter's Crossing Feasibility Study and Comprehensive Plan Amendment
5. Appointment of Mady Reiter as Police Commission Chairperson
6. YMCA - Development Agreement
X. CONSENT AGENDA
1. Step Increase for Jill Lien from Step 3 to Step 4, Grade 2 - based on satisfactory
performance review.
XI. COMMITTEE REPORTS
XII. ADMINISTRATORS REPORT
XIII. ADJOURNMENT
~ ,
Centennial Fire District
7741 Lake Drive
Lino Lakes, MN 55014
(651) 784-7472 - Office
(651) 784-2427 - Fax
February 16,2000
TO:
City Council
City of Circle Pines
City Council
City of Centerville
City Council
City of Lino Lakes
FROM:
Milo Bennett
SUBJECT:
Ratification of expenditures and approval for
payment of February expenses.
Your approval of February expenses as listed on the attached copy
of the check register, checks #12059 - 12074, in the amount of
$90,128.00 is hereby requested.
" ."
Centennial Fire District Page 1 of 1
Check Register
DATE CHECK# NAME ACCOUNT AMOUNT
02/16/2000 12059 Automatic Fire Alarm Association, Inc. 42220-Travel, Conference, School 129.00
02/16/2000 12060 Capitol Communications 42110-0ther Maintenance 60.90
02/16/2000 12061 Cy's Uniforms 42120-Uniform Expense 125.55
02/16/2000 12062 Eddy Brothers Company 42110-0ther Maintenance 47.30
02/16/2000 12063 Fairview Lakes Clinic 42150-Medical Physicals 684.00
02/16/2000 12064 Frattallone's Hardware 42110-0ther Maintenance 81.15
02/16/2000 12065 National Fire Protection Association 42200-Dues and Memberships 590.00
02/16/2000 12066 Northern States Power 42254-Station 2 - Electric 509.84
02/16/2000 12067 Pagenet 42240- Telephone 114.86
02/16/2000 12068 Pehl, Hinschberger Associates, LTD. 42160-Accounting Services 200.00
02/16/2000 12069 Reliant Energy Minnegasco 42253-Station 2 - Gas 716.00
02/16/2000 12070 Rick Bangert 42130-Equipment Expense 230.35
02/16/2000 12071 Tom French 42220-Travel, Conference, School 189.84
02/16/2000 12072 U.S. West 42240- Telephone 529.02
02/16/2000 12073 Viking Office Products 42180-0ffice Supplies 102.19
02/16/2000 12074 Toyne, Inc. 11100-Equipment 85818.00
Total 90,128.00
MEMO
DATE February 17, 2000
TO Honorable Mayor and Council
FROM; Jim March
RE : Snowmobile Strategies for the year 2000
............................................................................
This item is being placed on the agenda to further discuss which ideas from the
snowmobile public hearing we want to pursue for the next snowmobile season. Mr.
Doug Koppy (Rice Creek Trail Association) plans to be present at the meeting.
One of the main items suggested at the public hearing was more enforcement and
additional education efforts. City staffhas requested from the DNR the list of registered
snowmobiles within the community. Our thoughts are to mail a halfpage notice out to
the residences that harbor snowmobiles. This notice could contain the curfew hours,
speed limit, appropriate method of riding on the street, etc..
I believe that ifwe want to have a higher level of enforcement by the police department
we would need to place those requests in writing to the Police Commission. This request
could include additional hours spent in the community on the department snowmobile,
instructions to decrease or eliminate warnings for violations and instead issue citations
etc... I have heard from a number of people that they have seen more snowmobiles
obeying the rules since the public hearing. I believe the public hearing was an effective
way to begin the education process. We have distributed several copies of the
snowmobile ordinance to those that have called or stopped in for a copy.
MEMO
DATE February 17,2000
TO Honorable Mayor and Council
FROM: Jim March
RE : Eagle Trucking
............................................................................
Included in your packet is a memo from City Attorney Jim Hoeft. Jim Hoeft is on
vacation and will not be in attendance at the Council meeting. Mr. Hoeft indicated that
his assistant will provide a final purchase agreement that can be presented any time next
week after the questions in his memo are decided upon. Paul Palzer and I have walked
through the property with Mr. Hubers. The personal property that is remaining with the
building will be noted in the exhibit section of the purchase agreement. Mr. Hubers made
it clear that he expects a total offer of$375,000 for his building and personal property.
Based on the property staying with the building and the result of the appraisal on the
property, I think Mr. Hubers asking price is relatively fair.
I have spoke to Steve McDonald (Abdo, Abdo, Eick and Meyers) in regards to my idea of
just paying for the building outright and not financing the purchase. Mr. McDonald
agreed that the City could comfortably purchase the building with the current general
fund balance that is being carried. Typically, a 40 or 50% fund balance of estimated
annual expenditures is needed for business cashflow purposes. In 1999, the City had
approximately a 95% ratio between the general fund balance and estimated expenditures.
Mr. Hubers indicated that he would be willing to set a closing date for mid-August 2000.
I have a full copy of the Remedial Investigation Report from Braun Intertec in relation to
the tank removal on the property. Braun is recommending site closure to the MPCA.
The MPCA apparently has never overturned a recommendation for site closure. This
page of the report is included in your packet. According to Jim Hoeft, the language in the
purchase agreement would adequately protect the City from environmental issues.
If anyone has any questions on this issue, please call me. I expect that Council will be
discussing an offer on the property at the meeting.
'!'.~
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Remedial Investigation Report Form
Page 18
January 1997
Section 11: Discussion
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11.1 Discuss the risks associated with the remaining soil contamination?
:: i
The extent and magnitude of residual soil contamination is limited. Based on the
concentrations of petroleum-related constituents (below applicable SRVs), it appears
unlikely that significant leaching of contaminants to the groundwater will occur.
':--i
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11.2 Discuss the risks associated with the impacted ground water?
"1
The extent and magnitude of groundwater contamination is very limited. Based on tlte
fine-grained nature of the non-resource aquifer, migration of impacted groundwater
off site appears unlikely. No parameters were detected above applicable HRLs.
II.3
Discuss other concerns not mentioned above:
Section 12: Conclusions and Recommendations
k
Recommendation for site:
x
site closure
additional vapor monitoring
additional ground water monitoring
active cleanup
f
The recommendation above should be based on Fact Sheet #3.1, "Leaking Underground Storage
Tank Investigation and Cleanup Policy." Describe below how you applied the policy to support
your recommendation.
1
If additional monitoring is recommended, indicate the proposed monitoring schedule and
frequency:
,}
If active cleanup is proposed, then MPCA staff will review this R1 report at a higher than normal
priority to determine if active cleanup is required. We will respond with either a request for
proposal for additional monitoring or a Corrective Action Design report. Please indicate below
what cleanup technology you are considering at this time.
J
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11
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~eb.la, 2JuC 1!j:40A~'\'~
NG,6-l~I.- ~'
BER\,;AJl.D E. STEFFEN
RI.::K."JlO..... MERl1.IU
CAPJlJlU. A. J~S!."
JmilEY S. JOHNSON
RUSSEll.. H. CROWl)~)\,
ION r. E.llJCKSON
L...~'RENCE R. )OHNSO-.:
DAVID A, CC\SSJ
Tl-:OW,S P. MALOlSJ;
~Ul'HA!!.. R H1..iRLEY
HERMAN L. T"LLt
CH:4.R.U.5 lV~ SEYKCKA
CAilllEL D. OANru" JR.
Be:\'E!l.LY r.. DODGE
BGS
jA~..sD.Hom
jO.>J~ M. Ql.JADE
SCOTI'M. LEPAK
s:e-lEN G. THORSC:'J
WZABFrIi A. SCH.'l.DLNG
'X1:.UAM P. HL'EFl'.'El.
B'RA.Dl..F-Y ,/'". KLE"rSCW'J.
\lP.lCOLM r. ~:y
KRIST! R. RILEY
C:-lR1STCPHEll. DE LA FCJI,EST
!,!4TIHEW M, QvlNN
Barna, Guzy & Steffen, Ltd.
ATIORNEYS AT LAW
400 Notthtown Financial P1.aza
200 Coon Rapids Boulevard
Minneapoli~, MN 55433-5894
Cf COi4T.wl
F.O~T A. Ol..1lY
'.':PGIL c. HERltICIC
(612) 780~8500
FAX (612) 780-1777
MEMORANDUM
TO:
Jim h.1arch, City Administrator, City of Centerville
FROM:
Jim Hoeft, City Attorney, City of Centerv'
RE:
Purchase of Eagle Trucking Site
February 18,2000
DATED:
As I \\-'ill be on vacation the week of February 21, I wanted to give you my thoughts in writing
regarding the revie'w of the Purchase Agreement by !v1r. Hubers' attorney. Th.ese comments can
be shared v"im the CauDell as well as with Mr. Hubers and his attorney.
I note that Eagle Trucking, Inc. is not the owner of the property, but rather Richard G, a!1d Diane
Lynn H11bers. We need to know whether they are husband and wife, father/daughter,
brother/sister?
Paragraphs 1, sub. c and d ",ill remain on the first page of the Purch2.5e AgTeemem even though
Mr. Hubers attome)' has indicated they are not applicable. If in fact there are no outstanding
contracts or permits involved in this transaction, then we v.'in simply indicate "none" OD both
Exhibit C aJ:ld D,
\Vith regard to the purchase price of $375,000, We will need to know how Mr. Hubers '\-"a.nts to
divide that purcbase price between the value (If the real estate and the value of the personal
property being purchased with the building, There are certain tax implications to Mr. Hubers
v.ith regard to how that purchase price is allocated, and I would defer to his desire on how that
should be divided, Mr. Hubers' attorney indicates that they wculd like 5% as an earnest money
payment to be held in l'<1r, Hubers' attorney's trust acco\L.')t. I do not have any objection to that
provision other than we need to determine whether the 5% ~ameSt money will be 5% of the
purchase price of the real estate or 5% of the total purchase price including thE price for the
personal property items. Not a huge issue, but it should be clarified.
On page 3, we can eliminate subparagraph g entitled "Financing and Ot1:l.er Approvals,"
On page 4, subparagraph A (3) and (4) can be removed if in fact there are no contracts or permits
that will be assigned,
All Eq,,~l Op]Xllt\U\;ty 'Et:\1)WYt:'
~~O' ~I i~UU LI:~0A~'
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February 18, 2000
Page 2
011 page 5, we can eliminate the subparagraph (9) a~ the top of the page entitled "Certifica1e(s) of
Occupancy. "
On page 7, ~1.r. Hubers attorney indicates that they do not W<2:<.1t to do an additional survey. but
rather use the one 'that was done v.ithin the l~'t five years. I am not particularly opposed to that
situation, however, we should reyiew the last survey from Mr. Hubers and then make a
determination on whether '-'.e will accept that or require a new one.
Also on page 7, subparagraph (b), Mr. Hubers' atto1'1ley makes a oomment in the margin
regarding amount of money to be withheld. The type of objection this paragraph is anticipating
is one in t':1e fonn of an unpaid judgment or similar obligation. Accordingly, th~ title company
would typically require an escrow of125% Qfthe principal balance of the out.Etanding obligatioIL
Of course, this assuIl1es that we ron into such an objection. I do not anticipate having such a
problem, but t.i1at is how it would be dealt with.
On page 8, subpt'..ragraph (2) at the top of the page, Mr. Huber~' attorney alS;J has the same
comment about the dollar amount to be \Vithheld.
This paragraph anticipates an objection that is not necessarily referenced in the dollar amount,
but rather is some type of cloud on the title. Accordingly, the title insurance company would
make detennination cn how much it would cost in attorneys fees to remedy the objection. Once
that detennination is made, that amount will be withheld, assuming no st.--enuous objections from
either tht: buyer or sell.
Also on page 8. subparagraph 8(a) can be removed as the seller is not a corp'J1'ation.
On page 9, subparagraphs Cd), (e) and (g) can be removed.
On page 10, subparagraph (p) entitled "Condition", we should be entitled to the representations
in this paragraph as we are paying full market value for the property. If the seller wants us to
purchase the property withc,ut any representation from the condition of the property, then we
should at a minimum have the ability to haye the building and property thoroughly ir..spected at
seller's cost. Additionally, if the seller wants to shift the risk of the condition of the property to
the City, then that shift in risk should be in conjunction with a reduction in the purchase price.
Also on page 10, subparagraph (q) it is my understanding from our last conversation and
discussion with the Council that the City will undertake the expense to cap the well located
underneath the building
On page 11, in tbe t(lp paragraph on that page carried over froln page 10. :-k. Hubers' attorney
wants the term "v,illful" inserted prior to "breach". I do not have a partic11lar problem with
inserting that designation.
Also on page 11, paragraph 12 entitled "Broke:' s Commission" can be removed.
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February 18,2000
Page 3
Ou page 12, paragraph 14 entitled "Assignment" can be removed.
The last item for dis~ussion is paragraph 22 entitled "Remedies," The prelimUl8J."')' draft of the
Purchase Agreement was done ,",ith some opTional language contained ir. this paragraph. I will
make the appropriate modification to the dreft copy. but be advised that it will read such that if
the seller defaults under this Purchase Agreement, the City has the option of either recovering
damages from th~ Seller or suing for specific performance of the Agreement. Specific
performance simply means that we ask the District Coun to order the property o\'mer to follow
through ,.rith the sale of the property per our Purchase Agreement contract. The remaining
language in That paragraph will be deleted.
\Vhile 1 ant out of the office, Sarah \\111 be available to redraft the Ii.ll'chflse Agreem~nt according
to the above comments. Of course, the above mocti.fic.stions '7\':ill requite some technical
modification in paragraph numbers IUld assignment. but Sarah win take care of that If there are
any further substantiye changes being requested by either the City or Mr. Hubers, I can review
thQse changes when I am back. in the office. Iffor some reason there is an u.'1expected
acceleration of this process, please let Sarah know and she will be able to contact me if
necessary.
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! PURCHASE AGREE!IIENT
I ./~ ~S AGREEMENT ("Agreement'') is made as of . 2000 between
~- ~~e Trucking, Inc., a .Minnesota corporation (M Seller':), and the City of Centerville, a
:Mirmesota municipal. corporation ("Buyer"). ---:::::.....
In consideration of this Agreement, Seller and Buyer agree as follows:
1. Sale of Prcl:perty, Seller agrees to sell to Buyer, and Buyer agrees to buy from
Seller, the follov..ing property (collectively, 'lProperty"):
(a) Real Prooertv. The real property loca.ted at 7087 Twentieth Avenue, City of
Centenille, County of Anoka, State of Minnesota, described on the attached
Exhibit A ("Land") together with (1) all buildings and improvements constructed
or located on the Land ("Buildings") and (2) all easements and rights benefiting or
appurtenant to the Land (cQUectively the "Real Propertyll),
(b) Personal Propertv, All of the personal property situated in or about the Real
Property owned by Seller, including without limitation, that described on the
inventory attached to this Agreement as Exhibit B ("Personal Property").
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(c) Contracts. Seller's interests in the service and maintenance contracts, equipment
leases and other contracts regarding the Real Property and the Personal Property
described on the attached Exhibit C ("Contracts"),
(d)
Permits. Seller's interests in the pexmits and licenses described on attached
Exhibit D ("Permits"),
(e) Wananties. Seller's interes~ in all warranties and guaranties given to, assigned to
or benefitting Seller or the Real property of the Personal Property regarding the
acquisition, construction, design, use, operation, management or maintenance of
the Real Property and the Personal Property ("Wauanties").
(t) Plans. All originals and c<>pies of the as-built blueprints, plans and specifications
regarding the Real Property and the Personal Property, if any ("Plans").
(g) Record~. All records of Seller regarding the Real Property and the Personal
Property, including all records regarding real estate taxes and assessments,
insurance, maintenance, repairs, capital improvements and services ("Records").
2. Purchase Price and Manner of PaYment. The total purchase price ("Purchase
Pricetl) to be paid by Buyer to Sellel" for the Property shall be and
shall be payable as follo\vs:
.iI 375;000
reo. I. iUUU O.~!~M
11 U 'T~I-O Q rc-'~
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o~~ ,.",,1 vi"'" (a)
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as earnest money ("Earnest Money") which
Earnest Money shall be held by ("Es~w Agent") in
accordance with an escrow agreement among Seller, Buyer and Escrow Agent.
(b)
$ in cash or by wire transfer of U.S. Federal FW1d~ to be received in
Title's tr:ust account b~{ wire transfer, certified or cashier's check on or before the
Closing Date.
3. Contingencies. The obligations of Buyer under this Agreement are contingent
upon each of the following ("Contingencies"):
(a) Representations and Warranties. The representations and v.-arranties of Seller
contained in this Agreement must be true now and on the Closing Date as if made
on the Closing Date and Seller shall have delivered to Buyer at dosing a
certificate dated the Closing Date, signed by an authorized representative of
SeUer, certifying that such representations and warranties are true as of the
Closing Date (the "Bring-down Certificate").
(b) Iiik. Title ~hali have been fOlUld acceptable, or been made acceptable, in
accordance \\ith the requirements and terms of Section 6 below.
(c) Performance of Seller's Obli12ations. Seller shall have performed all of the
obligations required to be performed by Seller under this Agreement, as and when
required by this Agreement. Included within the obligations of Seller under this
Agreement shall be the following:
(i) Seller shall allow Buyer, and Buyer's agents, access to the Real
property without charge and at all reasonable times fo':.' the pwpose of
Buyer's investigation and testing tbe same. Buyer shall pay all costs
and expenses of' such IDsestigation and testing and shall hold Seller and
the Real Property harmless from all costs and liabilities relating to the
Buyer's activities. Buyer shall further repair and restore any damage to
the Real Property caused by ()f occurring during Buyer's testing and
return the Real Property and/or Pel'Sonal Property to substantiall,. the
Same condition as existed prior to such entry.
(ii) Seller shall without charge to Buyer cooperate in Buyer's attempts to
obtain all governmental approvals necessa..J' in Buyer's judgment in
order to make that use of the Property which Buyer. Seller shall further
execute such rezoning applications, plats, environmental workshe.ets
and other documents as may be required by governmental bodies to
accomplish the foregoing
(Hi) On or before Seller shall deliver to Buyer true and
correct copies of all Contracts, Permits, Warranties, Plans, and the
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Feb, 7. 2000 8:52AM
No, 6 O'dT ~, 4 -
docu..-nentation required under Section 6 below for Buyer's r.:view and
analysis.
(d) Testin2. Buyer shall have determined, on or before the Contingency Date, that it
i'5 satisfied with the results of and matters disclosed by soil tests, engineering
inspectiolls, hazardous 'Yv'SSte and environmental revieM of the Properly,
including, but not limited to, Buyer having determined, in its sole and absolute
discretion, that it is comfortable with the environmental condition and
remediation of the Property based upon its investigations and contact \\<itb any
a.nd all applicable governmental liiencies, including but not limited to the
Minnesota Pollution Control Agency, and its approval of the Current Limited Site
Investigation being conducted through the Minnesota Pollution Control Agency.
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(e)
Document Review. Buyer shall have determined, on or before the Contingency
Date, that it is satisfied with its review and analysis of the Contracts, Permits,
Warranties, Plans, Records and Permitted Encumbrances.
(f) Government Aoorovals. Buyer shall have obtained at its sole cost and expense on
or before the Closing Date all final governm~ntal approvals necessary in Buyer's
judgment in order to make the USe oftbe Property which Buyer intends.
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Q(g)
Fim!.ncin~ and Other A.,pprovals. Buyer shall have received on Of before the
Closing Date a Commitment acceptable to Buyer for the proceeds of financing
necessary and sufficient in Buyer's opulion to implement Buyer's plans for and
complete the purch.ase of the Property. Buyer shall also have received on or
before the Closing Date all approvals of City Council, the Budget, or the E.D.A, if
applicable.
(h) EnvironmenteJ Indemnification. Buyer shall have received from Seller an
indemnification for any existing environmental contamination and remediation
required for all environmental contamination existing as of the Closing Date, in a
form satisfactory to Bu)'er, in Burer's sole and absolute discretion.
The "Contingency Date" shall be that date witich is 90 days after the da.te when Buyer shall have
received the last of the matters which Seller is required to deliver to Buyer hereunder. If an)'
such Contingency has not been satisfied on or before the stated date, then this Agreement may be
tenninated, at Buyer's option, by written notice from Buyer to Seller. Such notice ofte:rmination
may be given at any time on or before the Closing Date. Upon such termination, the Earnest
Money and any interest accrued thereon shall be released to Buyer and upon such return, neither
party ,,,ill have an,. further rights or obligations regarding this Agreement or the Property. All
the Contingencies set forth in this Agreement are specifically stated and agreed to be for the sole
and exclusive benefit of the Buyer and the Buyer shall have the right to unilaterally waive any
Contingency by written notice to Seller.
4. Closin,g. The closing of the purchase and sale contemplated by this
Agreement (the "Closinglt) shall occur on that date which is fifteen (15) business days after the
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earlier of the Contingency Date or the date when Buyer shall give notice to Seller that the
contingencies which are to have been satisfied on the Contingency Date have been v.-a.ived or
satisfied (the "Closing Date"). The Closing shall take place a19;OO a.m. local time at the office
of Title or at such other place as may be agreed to. Seller agrees to deliver possession of the
Property to Buyer on the Closing Date.
A. Seller's Closini Documents. On the Closing Date, Seller shall execute and/or
deliver to Buyer the following (collect.ively "Seller's Closing Documents"):
(1) ~. A Warranty Deed, in form reasonably satisfactory to Buyer, oonve}ing the
Real Propert)' to Buyer, free and clear of all encumbrances, except the Permitted
Encwnbrances hereafter defined.
(2) Bill of Sale. A Warranty Bill of Sale, in form reasonably satisfactory to Buyer,
conveying the Personal Property to Buyer, free and clear of all encumbrances.
Assianment of Contrac~. An Assignment of Contracts, in fonn reasonably
satisfactory to Buyer. conve;ying \\'ith \varranties the Contracts, if any, to Buyer.
free and clear of all encumbrances, together with the consent of all parties having
a right to consent to such Assignm.ent.
AssiiJlII1ent of Permits. An Assignment of Permits, in form reasonably
satisfactory to Buyer, conveying 'With warranties the Permits to Buyer, free and
clear of all encumbrances, together with the consent of all parties having a right to
consent to such Assignment.
Assi2l1ment of Warranties. An Assignment of Warranties, in form reasonably
satisfactory to Buyer, conveying 'With warranties the Warranties to Buyer. free
and clear of all encumbrances, together ..vith the consent of all parties having a
right to consent to such Assignment.
(6) Title Policv. The Title Policy, or a suitably marked up Commitment for Title
Insurance initiated by Title, in the form requited by this Agreement.
(7) Brin2-do~ Certificate. The Bring-down Certificate.
(8) Seller's Affidavit. An Affidavit of Title by Seller indicating that on the Closing
Date there are no outstanding, unsatisfied judgments. tax liens or bank.'11ptcies
against or involving Seller or the Real Property; that there has been no skill, labor
or material furnished to the Real Property for which payment has not been made
or for which mechanics' liens could be f1lOO; and that there 8J:e no other
unrecorded interests in the Real Property, together with v;hatever standard
o\vner's affidavit and/or indemnity (AL T A Form) which may be required by Title
to issue an Owner's Policy of Title Insurance with the standard exceptions waived.
4
~ lIX (9)
Certificat.e( s) of Occ\lDancy, One or more unconditional irrevocable certificates
of occupancy issued by the appropriate governmental body authorizing the use of
the Real Property for the pmposes now used.
(10) Orlsrinal Documents. Original copies of the Leases, the Contracts, the Permits,
the Warranties, the Plans and the Records.
(11) FIRPTA Affidavit. A non-foreign affidavit, properly executed and in recordable
form, containing such information as is required by IRC Section 1445(b)(2) and
its regulations.
(12) Owner's Dqplicate Certificates of Title or Abstract of Title. The abstract of title
or the owner's duplicate certifica.tes of title regarding the Real Property, if in
Seller's possession.
(13) IRS Reporti..w:l Form. The appropriate Federal Income Tax reporting fOIm, if any
is required.
(14) Other Docuxnents. All other documents reasonably determined by Buyer to be
necessary to transfer the Property to Buyer free and clear of all encumbrances.
B. B'UYer'~ Closin!:t Documents. On the Closing Date, Buyer ..vill execute and/or
deliyer to Seller the following (collectively, "Buyer's Closing Documents"):
(1) Purchase Price. The Purchase Price, by wire transfer of U.S. Federal Funds, or by
certified check, to be received in Title's trust account on or before the Closing
Date.
(2) AsSUnl'Otion Alp'eernent. An Assumption Agreement, pursuant to which Buyer
will assume all obligations of Seller under the Contracts and the Permits that
accrue after the Closing Date.
(4) Title Documents. Such affidavits of Purchaser, Certificates of Value or other
documents as may be reasonably required by Title in order to record the Seller's
Closing Documents and issue 'the Title Insurance Policy required by this
Agreement.
S. Prorations. Seller and Buyer agree to the following prorations and allocation
of costs regarding this Agreement:
(a) Title insurance and Closing Fee. Seller will pay aU costS of the Title Evidence,
the ALTA Form B 1970 Owner's Title Polic}' and the fees charged by Title for
any escrow required regarding Buyer's Objections. Buyer will pay all additional
premiums required for the issuance of any mortgagee's Title Policy required by
Buyer. Seller and Buyer ..vill each pay one-half of any reasonable and customary
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closing fee or charge imposed by any closing agent designated by the Title
Company.
(b) Deed Tax. Seller shall pay ell state deed tax regarding the Warranty Deed to be
delivered by Seller under this Agreement. Buyer shall pay the Mortgage Registry
Tax, if any.
(c) Sales Tax. Seller ",ill pay all sales tax due regarding the transaction contemplated
bJ' tru:; Agreement.
(d) Real Estate Taxes and Special Assessments. Seller will pay, on or before the
Closing Date, all spec.ial assessments levied, pending or constituting a lien against
the Real Property as of the Closing Date including without limitation any
installments of special assessments including interest payable with general real
estate taxes in the year of closing. General real estate taxes and installments of
special assessments payable therewith payable the years prior to closing will be
paid by Seller. General real estate taxes and instalhnents of special assessments
payable therewith payable in the year of closing shall be prorated by Seller and
Bu)'er as of the Closing Date based upon a calendar fIScal year. SelJer shall pay
all deferred real estate taxes or special assessments wI-deh may becom.e payable as
a result of the sale contemplated hereby. If the amount of such general real estate
taxes and installments of special assessments payable therev/ith cannot be
determined on the Closing Date, Seller will deposit with Title, from the Purchase
Price, an amount equal to 110% of the most current estimate of such ta.xes and
special assessment installments, assuming for estimating purposes tha! the Real
Property will be fully assessed. Such deposit will be held in escrow and all
interest earnings on such deposit ~i1l be paid to Seller. Title ~ill retain such
deposit to pay Seller's share of the actual general real estate taxes payable in the
year of closing aIld installments of special assessments inclUding interest payable
ther:e",ith, paying any excess over to Seller. Seller ",ill pay any deficiency, when
such general real estate taxes and installments of special assessments including
interest payable theremth are kno\-';11.
(e) Recordine Costs. Seller will pay the cost of recording all documents necessary to
place record title in the condition warranted and requested by Seller in this
Agr~ttlent. Buyer will pay the cost of recording all other documents,
Cf) Other Costs. .0\11 other operating co!o'ts of the Propeny, \viIl be allocated between
Seller and Buyer as of the Closing Date, so that Seller pays that part of such other
operating COStS payable before the Closing Date, and Buyer pays that part of such
operating costs payable from and after the Closing Date.
(g) Atrorney's Fees. Each of the parties ~ill pay its o,^,n attorneys fees, except that a
party defaUlting under this Agreement or any closing document will pay the
reasonable attorneys' fees and court costs incurred by the nondefaulting party to
enforce its rights regarding such default.
6
6. Title Examination. Title Examination will be cooducted as follows:
(a) Seller's Title Evidence. Seller shall. as soon as reasonably possible a:ft('r the date
of this Agreement, fumish the following (collectively, "Title Evidence") to Buyer,
at Seller's sole cost and expense:
(1)
Title InsuranCE: Commitment. A commitmer..t ("Title Commitment")
for an ALTA Fonn B 1970 O\\ner's Policy of Title Insurance insuring
title to the Real Property, deleting standard exceptions and including
affinnative insurance regarding zoning, contiguity, appurtenant
easements and SlJch other matters as may be identified by Buyer, in the
amount of the Purchase Price, issued by
(''Title''). The Title Commitment v.till
commit Title to insure title to the Property in the full amount of the
Purchase Price. If the Property is a.bstract property, Seller shall also
deliver to Title or Buyer an Abstract of Title to the Real Property"
certified to a current date to include all appropriate judgment and
bankruptcy searches.
Survey. An At TA/ACSM Urban Land Title Survey ("Sl1rvey~') meeting
Minimum Standard Detail Requirements for an Urban Survey (1992) and
including items 1 through 4 and 6 through 12 of Table A of said
Minimum Standard Detail Requirements, or a Registered Land Survey, if
applicable, prepared by a surveyor properl)" licensed to practice in the
state of Minnesota and reasona}:.ly acceptable to Buyer and Buyer's
Lender, if an)". The Survey shall be delivered to Buyer and Title.
UCC Searches. A report of uee Searches made of the Unifonn
Commercial Code records of the Secretary of State ofMinne.sota, made
by said Secretary of State, or by search firm acceptable to Buyer,
showing no uee filings regarding any of the Property.
/) ~/;:
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~\7
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Buver's Objections. Within 20 days after receiving the last of the Title E"idence,
Buyer will make written objections ("Objections") to the form and/or contents of
the Title Evidence. Buyer's failure to make Objections within such time period
will constitute waiver of Objection:'!. Any matter sho\\n on such Title Evidence
and not 'ect to by Buyer shall be a "Permitted EnC1.UIlbrance" hereunder. Seller
aye 60 dars after receipt of the Objettions to cure tbe Objections, during
. t which period the Closing will be postponed as necessary. Seller shall use its best
~ efforts to correct any Objections. To the extent an Objection can be satisfied by
~,)' the payment of money, Buyer shall have the right to apply a portion of the cash
t) ) payable to Seller at the Closing to satisfaction of such Objection and the &mOMt
/ so applied shall reduce the amount of cash payable to Seller at the Closing. If the
01:>jectioDs are not cured within such 60 day period, Buyer ~ill have the option to
~ do any of the follo\-ving:
jJp
Q9-
(3)
(b)
7
r ~ U' I' L Ii" V ~ .J ,1h~1
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11 IJ--'"T;J-o;' I. \."
v
(1) Terminate this Agreement and receive a refund of the Earnest Money
and the interest accrued and unpaid on the Eamest Money, ifaJ:l.)r,
(2)
Withhold from the Purchase Price an amount which, in 'the reasonable
judgment of Title, is sufficient to assure cure of the Objections. Any
amount so withheld will be placed in escrow with Title. peuding such
cure. If Seller does not cure such Objections v..ithin ninety (90) days ~
after such escrow is established, Buyer may then cure such Objections
and charge the costs of such cure (including reasonable attorney's fees)
against the escrowed amount. If such escrow is established, the parties
agree to execute and deliver such documents as may be reasonably
required by Title, and Seller agrees to pay the charges of Title to create
and administer the escrow.
(3) Waive the objections and proceed to close.
(c) Ti.tle Polic\'. Seller will furnish to Buyer at dosing the title policy ("Title POlicylf)
issued by Title pursuant to the Commitment, or a suitably marked up
Commitment initiated by Title undertaking to issue such a Title Policy in the form
required by the Conunitmem as approved by BU)'er.
7. Operation Prior to CLosing. During the period from the date of the Seller's
acceptance of this Agreement to the Closing Date (the "Executory Period"), Seller shall operate
and maintain the Property in the ordinary course of business in accordance ,vith prudent,
reasonable business standards, including the maintenance of ade.quate liability insurance and
insurance against loss by :fire, windstorm and other hazards, casualties and contingencies,
including vandalism and malicious mischief. Ho\....e....er, Seller shall execute no contracts, leases
or other agreements regardW.g the Property during the Executory Period that are not tenninabJe
on or before the Closing Date, without the written consent of Buyer, which consent may be
Vvifr.beld by Buyer at its sole disc~tiOD,
8. Representations and Warranties bv Seller. Seller represents and
\\'arrants to Buyer as follows:
(a) Corporation: Authority. Seller is duly incorporated and is in good standing under
the laws of the State of :Minnesota; Seller is duJ)" qualified to transact business in
the State of Minnesota; Seller has the requisite corporate power and authority to
enter into and perform this Agreement and those Seller's Closing Documents
signed by it; such documents have been duly authorized by all necessary
corporate action on the part of Seller and have been duly executed and delivered;
such execution, delivery and performance by Seller of such documents does not
conflict vAth or result in a violation of Seller's Articles of Incorporation Or
Bylaw~, or an)' judgment: order, or decree of any court or arbiter to which Seller
is a part)'; such documents are valid 81J.d binding obligations of SeUer, and are
enforceable in aC<<Irdance with their telms.
8
(b) TItle to Real ProDertv. Seller owns the Real Property, free and clear of all
encumbrances.
(c) Title to Personal Propertv. Seller 0'.\'115 the Personal Property, fi:ee and clear of all
encumbrances
(d) Contracts. Seller has made available to Buyer a correct and complete copy of
each Contract and its amendments. The Contracts are in full force and neither
Seller, nor any other party to the Contracts, is in default under the Contracts. All
other contracts in effect regarding the Property are temrlnable on or before the
Closing Date.
(e) Pemlits. Seller has made available to Buyer a correct and complete copy of each
Pennit and its amendments. The Pennits are in full force, and SeUer is not in
default under the Pennits. No other permits are required from any governmental
entity in order to operate the Property as it is now operated.
(t) Utilities. Seller has rec.eived no notice of actual or threatened reduction or
curtailment of any utility service now supplied to the Real Property.
(g) Certificates of Occupancy. Seller has received no notice of actual or threatened
cancellation or suspension of an)' certificates of occupancy for any portion of the
Real Property.
(h) Assessments. Seller has received no notice of actual or threatened special
assessments or reassessments of the Real Property.
0) Enviro!L1'l1ental Laws. Seller acknowledges that releases of contaminants may have
OCCUlTed on portions of the Property, resulting, or possibly resulting, from the past
storage and distribution of petroleum products and other hazardous substances on
the Property by Seller, Seller's predec~ssors in interest or by affiliates of Seller.
Seller is presently working ""ith the l\'!innesota Pollution Control Agency ("lvlPCA")
to investigate and remediate such releases. Buyer is in receipt of the Phase I
Environmental Site Assessment prepared by Braun Intenec dated January 24,2000
(''Phase I"). Ac~ording to said Phase I, a Limited Site Investigation is being
c~)nducted "through the MPCA Tank. and Spills Program. Seller agrees to cooperate
",ith the MPCA and any other applicable govem...?JJ.e1ltal agencies during such
investiga.tion and shall comply with and to pay the entire actual cost for
implementation of any remedial action plan. Selle: shall be solely responsible to the
MPCA for all compliance with directives, orders, or requirements of the !\1PCA
pursuant to the Tank and Spills program and any other program deemed necessary
by the MPCA (Jf other applicable governmental agency, and for any reporting to the
MPCA or other applicable governmental agency under state, federal or local law.
Seller agrees to fully indemnify Buyer in a fOIm satisfactory to Buyer, as described
in Section 3 lb) above for any and all claims. demands, causes of action, loss,
9
damage, liabilities, and costs (including attorney's fees and court costs) asserted
against or incurred by Buyer by reason of or arising out of the environmental
condition of the Property at the time of Closing, and for any breach of the foregoing
by Seller.
(j) Ri2hts of Others to Purchase PropertY. Seller has not entered into any leases or
other contracts for the sale of the Property, nOI are there any rights offtrSt refusal
or options to purchase the Property or any other rights of others that might prevent
the consummation of this Agreement.
(k) Seller's Defaults. Seller is not in default concerning any of its obligations or
liabilities regarding the Property.
(1) FIRPT A. Seller is not a "foreign person", "foreign partnership", "foreign trust" or
"foreign estate" as those terms are defined in Section 1445 of the Internal
Revenue Code.
(m) Use of Real PropertY. [the Real Property is usable for its current uses ",ithout
violating any federal. state, local or other governmental building, zoning, health,
safety, platting, subdivision or other law, ordinance or regulation, or any
applicable private restriction, and such use is a legal conforming use.
(n) Proceedings. There is no action, litigation, investigation, condemnation or
proceedins of any kind pending or threatened against Seller or any portion of the
Property.
(0) Aeents and Emoloyees. No management agents or other personnel employed in
connection with the operation of the Property have the ri.ght to continue such
employment after the Closing Date. There are no claims for brokerage
commission or other payments with respect to the existing Property, including
leases which will survive and remain unpaid after the Date of Closing.
~
(P)
Condition. The buildings, structures and improvements included \vithin the
Property are structurally sound and in good repair and in first-class condition, and
all mechanical, electrical, heating, air conditioning, drainage, sewer, ,vater and
plumbing sYEtems are in proper working order.
Wells. No "wells" or "sewage treatment systems'~ (within the meaning of Minn.
Stat. S 1031.005, Subd. 21 as to wells and Minn. Stat. ~ 115.55, Subd. 6 as to sewage
treatment systems) are on the Property, except for that certain wellloc:ated under the
~ui]di.ng, which Seller agrees to cap, at its sole cost and expense, prior to closing.
This representation is intended to satisfy the requirements of Minn. Stat. ~ 1031.235,
Subd. l(a) and Minn. Stat ~ 115.55, Subd. 6.
(q)
Seller \\.ill indemnify Buyer, its successors and assigns, against, and will hold Buyer, its
successors and assigns, hannless from, any expenses or damages, ~cluding ~asonable attorneys'
10
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~
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~
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fees, that Buyer incurs because of the breach of any of the above representations and warranties,
whether such breach is discovered before or after closing. Each of the representations and
warranties herein contained shall survive the Closing and shall not be affected. by any
investigation, verification or approval by any party thereto or by anyone on behalf of any party
hereto and shall not merge into Seller's deed being delivered at Closing.
10. Dama2e. If~ prior to the Closing Date, all or any part of the Property is
substantially damaged by frre cagualty~ the elements or any other cause~ Seller shall imrnediately
give notice to Buyer of such fact and at Buyer's option (to be exercised '\\ithin thirty days after
Seller's notice), this Agreement shall terminate, in which event neither parry will have any
further obligation~ under this Agreement and the Earnest Money, together with any accrued
intere.'it, shall be refunded to Buyer. If Buyer fails to elect to terminate despite such damage, or
if the Property is damaged but not substantially, Seller shall promptly commence to repair such
damage or destruction and return the property to its condition prior to such damage. If such
damage shall be completely repaired prior to the Closing Date then there shall be no reduction in
the Purchase Price and Seller shall retain the proceeds of all insurance related to such damage. If
such damage shall not be completely repaired prior to the Closing Date but Seller is diligently
proceeding to repair, then Seller shall complete the repair after the Closing Date and shall be
entitled to receive the rocess of a.ll insurance related to such damage after repair is completed;
provide , uyer shall have the right to delay the Closing Date until repair is completed.
eller shaH fail to diligently proceed to repair such damage then Buyer shall have the right to
require a ciosi.!lg to occur and the Purchase Price (and specifically the cash portion payable at the
Closing Date) shall be reduced by the cos~ of such repair or at Buyer's option, the Seller shall
assign to Buyer all right to receh'e the proceeds of ali insmance related to such damage and the
Purchase Price shall remain the same. F 01' purposes of this Section, the words ,. subs1antiaJ1)-
damaged" mean. damage that would cost $ or more to repair.
11. Condemnation. If, prior to the Closing Date, eminent domain proceedings
are commenced against all or any part of the Property) Seller shall immediately give notice to
Buyer of such fact and at Buyer's option (to be exercised vdthin thirty days after Seller's notice),
this Agreement shall termlD3te, in which event neither party \\ill have further obligations under
this Agreement and the Earnest Money together with any accrued interest, shall be refunded to
buyer. If Buyer shall fail to giye such notice then there shall be .no reductiC'n in the Purchase
Price, and Seller shall a.ssign to Buyer at the Closing Date all of Seller's right, title and interest in
and to any award made or to be made in the condemnation proceedings. Prior to the Closing
Date~ Seller shall not designate counsel, appear in, or othernise act with respect to the
condemnation proceedings without Buyer's prior V\'l'itten consent.
12. Brokel"'s Comrni15siOll. lithe transaction co:;Jtemplated by this Agreement is
consummated in the time and manner required by this Agreement, "Will pay a
brokerage commission to as the sole real estate brokerage
COmnllS5:0l! regarding this transaction. SeVer and Buyer represent and warrant to each other that
they have dealt with no other brokers, finders or the like in connection v,.ith this transaction. and
agree to indemni~' each other and to hold each other hannIess against all claims~ damages: costs
or expenses of or for any other such fees or ccro.rn.issions resulting from their actions or
agreements regarding the execution or performance of this Agreement, and ...:ill pay all COStS of
11
Copy:
James Hoeft
Barna. Ouzy, & Steffen: LID
200 Coon Rapids Boulevard
Minneapolis, 1vfN 55433-5894
Notices shall be deemed effective on the earlier of the date of receipt or the date of deposit as
aforesaid; provided, however, l'1at if notice is given by deposit, that the time for re"sponse to any
notice by the other party shall commence to run one business day after atl}' such deposit. Any
parey may change its address for the service of notice by giving written notice of such change to
the other party, in any manner above specified, 10 days prior to the effective date of such change.
18. Captions. The paragraph headings or captions appearing in this Agreement
are for convenience only, are not a pa.11 of this Agreement and are not to be considered in
interpreting this Agreement.
19. Entire A~ement; Modification. This v.Titten Agreement constitutes l~e
complete agreement between the parties and supersedes any prior oral or written agreements
between the pa..'i.ies regarding the Property. There are no verbal agreements that chw.ge this
Ag.!'eement and no waiver of any of its tenus will be effective unless in writing executed by the
panies.
20. Binding Effect. This Agreement binds and benefits the parties and their
successors and assigns.
21. Controlling Law. This Agreement has been made un.der the la"ys of the State
cfMinnesota, and such laws will control its interpretation.
22. Reffiedies. If Buyer defaults under this Agreement, Seller shall have the
right to terminate this Agreement by giving written notice to Buyer. If Buyer fails to cure such
default within 15 days of t.'1e date of such notice, this Agreement will teuninate. and upon such
temlination Seller will retain the Earnest Money as liql.lida.ted damages, time being of the
essence cf this Agreement. The termination of the Agreemeut and retention of the Earnest
Money will be the sole remedy available to Seller for such default by Buyer, and Buyer will not
be liable for damages or specific performance. If Seller defaults under this Agreement, this
provision does not preclude Burer from seeking and reco,-ering from SeHer [datnages for
nonperfonna'1ce or] specific performance of this Agreement. [Buyer shall have no dgh.t to seek
damages from Seller for Seller's defaults hereunder]. [If Seller defaults under this Agreement,
Buyer shalll:ave no right to seek damages from Seller for Buyer's loss of its bargain in failing to
acquire the pr::lperty, but Buyer shall recover as damages from Seller all of Buyer's out~of-pocket
costs and fees ioduding without limitation attorneys' fees, accountants' fees and other
consu~tant's fees incurred by Buyer in preparing and negotiating this Ag.reement, preparing for
~l
13
defending any action or lawsuit brought to recover any such fees or commissions incurred by the
other part)', including reasonable attorney's fees.
13. Mutual Indemnification. Seller and Buyer agree to indemnify . each other
agair,st, and hold each other harmless from, all liabilities (including reasonable attome)'s' fees in
defending against claims) arising out of the o\vnership, operation or maintenance of the Property
for their respective periods of o'li'(nersbip. Such rights to indemnification will not arise to the
extent that (a) the party seeking indemnification actually receives insurance proceeds or other
cash paymem directly attributable to the liability in question (net of the cost of collection,
including reasonable attorne)'s' fees) or (b) the claim for indemnification arises out of the act or
neglect of the part)' seeking indemnification. If and to the extent that the indemnified party has
insurance coverage, or the right to make claim against any third party for any amount to be
indeIi:mified against as set forth above, the indemnified party will, upon full perfonnance by the
indemnifYing pany of this indemnification obligations, assign such rigbts to the indemnifying
party or, if such rights are not assignable, the indemnified party will diligently pursue such rights
by appropriate legal action or proceeding end assign the recovery andlor right of recover)' to the
indemnifying party to the extent of the indemnification payment made by such party.
~L- 14. Assiifll'llW. Either party may assign iTs rights under this Agreement
~\~y;-" with the prior "Titten consent of the other part'j, before or after the Closing. Any such
v:;;j~ assignmd "ill Dot relieve such assigning party of its ()~ligations under this Agreement.
r 15. SYr'ival. All of t,e tenus of this Agreement ""ill survive and be
enforceable after the Closing.
16. Notices. Any notice required or permitted to be gh'en by any party
upon the other is given ~ accordance ",ith this Agreement if it is directed to Seller by delivering
it personally to an officer of Seller, or if it is directed to Buyer, by delivering it personally to an
officer of Buyer, or if mailed in a sealed wrapper by United States registered or certified mail,
return receipt requested, postage prepaid, or if deposited cost paid \\ith a nationally recognized,
reputable overnight courier, properly addressed as follows:
! 6-
n.(.o\rP
f--' ~ \..1~
Di~
Xf};;(J~
~lt: rtucklHg,~
7087 Tvyentieth AveOl.:e
Centerville, MN 55038
Artn:
Copy:
If to Buyer:
City ofCenterville
City Hall
1880 Main Street
Cen~ille,~1N 55038
Attn:
12
the closing, obtaining financing commitments, investigating the status, title and condition of the
Propert)', and other similar and reasonable costs and expenses.]
23. Righ,ts of !nsl>ection. Testinll and Review. Seller shall deliver to Buyer "vithin
seve!l (7) days of acceptance of this Agreement, complete and accurate copies of all notices,
consents, approvals, plans, specifications, surveys, engineering studies, anal)"sis, soil test borings,
environmental studies and other documentadon pertaining to 'the Property (whether prepared by
Seller, Seller's agen~ or independent contractors, any governmental authority or agency, federal,
state or local, or any other third party), to the extent that Seller has the same in its possession,
Buyer, its counsel, a.ccountants, agents and other representatives, shall have full. and continuing
access to the Property and all parts thereof; upon reasonable notice to Seller, Buyer and its agent
and representatives shall also have the right to enter upon the Property at any time after the
execution and delivery hereof for any purpose whatsoever, including inspecting, surveying,
engil.JUring, test boring~ perfonnance of environmental tests and such other work as Buyer shall
consider appropriate, pro"ided. that Buyer shall hold SaUer harmless and fully indemnifY Seller
against any damage, claim, liability or cause of action arising from or caused by the actions of
Buyer: its agents, or representatives upon the Property, aud shall have the further right to make such
inquiries of governmental a.gencies and utility companies, etc., and to make suc.h feasibility studies
and analyses as it considers appropriate
Seller and Buyer have executed this Agreement as of me date first .....ntten above.
BUYER:
Date of Signature
.2000
Date of Signature
,2000
SELLER:
Date of Signature
,2000
75927_1
City of CentervilJe, a Minnesota municipal corporation
By
Its
B)'
Its
~3 r..L..~ (;. <I-- lJi ~ L.1 ~~
.::Eagle 'frUCking, Inc., a Minnesota corporation
By
It~
14
February 14,2000
1\.1r. Richard Hubers
7087 20th Avenue
Centerville, Minnesota 55038
Dear 1',,11". Hubers.
The city is looking at acquiring your property located at 7087 20th Avenue.
We have not sta..-rted a condemnation process. We iook fonvard to working
with you to auive at a fair price.
Hopefully, the city's n~eds can be met with a minimum of effort. That
would be beneficial to all interested parties.
Sincerely,
City of Centerville
TO:
Honorable Mayor and Council Members
~.
Teresa Bender, Deputy Clerk/Treasurer 1'\ '
FROM:
SUBJECT:
2000 Health Benefit Amount
DATE:
February 18, 2000
As you are all aware, premiums for health insurance coverage seem to soar every year. I
recently met with Mark Steele, the City's insurance agent, who informed me that as of
March 1,2000 (MEDICA Group Policy Renewal date) rates will be increasing by 16%.
The City's current monthly Health Benefit allotment is $350 for family coverage and
$200 for single coverage. The City also pays 90% of dental insurance ($43.60/mon.). It
should also be noted that several employees have additional coverage that is an out-of-
pocket expense such as life insurance. The following is a list of employees and how their
premiums would be affected:
Current Premium
2000 Premium
Teresa Bender
Family Coverage
$375.49
$436.18
Ken Cook
Family Coverage
$615.28
$714.74
Jim March
$419.66
$487.49
Tedd Peterson (PEIP)
Family Coverage
$440.51
Stays the same
Individuals that have Life Insurance are as follows:
Employee Portion
Teresa Bender
Life Insurance
$12.00
Ken Cook
Life Insurance
$ 4.08
Tim Danielson
Life Insurance
$16.08
Tedd Peterson
Life Insurance
$ 4.08
Neighboring communities' 2000 Health Benefits:
City of Blaine
Circle Pines
Lexington
Lino Lakes
Hugo
$395.00
$385.00
$350.00 (will be revisiting this in April)
$400.00
--------- (100% employee Health & Dental
coverage paid by Employer, 5% of
difference between single and family
coverage)
Spring Lake Park
White Bear Lake
$418.73
$340.00 (Family Coverage)
$225.00 (Single Coverage)
(An additional $20/month may be received
$10 I non-smoker and $10 upon
successful completion of fitness exam)
Council Action Requested: Approve an increase of $56/month Health Benefit Monthly
Allotment (16% increase from 1999) ($406/month for family and $256/month for single
coverage for the year 2000) and continue to pay 90% of dental coverage.
MEMO
DATE February 17, 2000
TO Honorable Mayor and Council
FROM: Jim March
RE : Select Cable Operator
............................................................................
Patricia Scott has indicated that due to a relocation, she is no longer going to be able to
continue broadcasting the cable meetings for the City. Patricia is willing to continue
taping the meetings until we have someone trained in to operate the equipment. Included
in your packet is a letter that was received from a resident that is interested in serving as
the cable operator for the City Council meetings.
At the time of this annotation, I have spoke to three other individuals that have expressed
desire for this position. I had indicated that we would need letters of interest as soon as
possible. Ifwe receive any other letters of interest, these will be brought to the meeting.
'[:'?")
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Mayor Wilharber and
Centerville City Council
1880 Main Street
Centerville, MN 55038
February 14,2000
Dear Honorable Mayor and City Council,
My name is Michele Wroblewski and my family and I have been residents ofCenterville
for over two years, I have been involved in several city activities and enjoy volunteering
and sharing my skills with the city,
Currently I stay at home during the day with my two children, but am looking for a part
time opportunity that would allow me the ability to work a few evening hours while
staying informed with growth throughout the city,
It has been brought to my attention the city is looking to fill the "cable operator" position,
I am very interested in being considered for the position and am confident I could do the
job effectively and professionally, I enjoy working with people, and although I am
flexible, the anticipated hours match what I am looking fof,
If you need further information, you may contact me during the day at (651) 407-0659 I
would be happy to answer any questions you may have. I look forward to hearing from
you soon.
Thank you for your consideration,
'J}/~ lU/LbbLttuUG
Michele Wroblewski
MEMO
DATE February 17,2000
TO Honorable Mayor and Council
FROM: Jim March
RE : 2000 Goals and Objectives
............................................................................
This item is being placed on the agenda to further discuss the outcome of the joint
meeting that was held with the City committees when we discussed the goals and
objectives for the year 2000. I have included in your packets the goal lists that have
been turned in by Council and those attending the joint meeting.
I assigned a point ranking system to the items that were mentioned on the lists. I did not
include items that were not mentioned by at least two people. Where it was not indicated,
I assumed the items were listed in the order of importance. Some people may have left
items off oftheir lists if they assumed they would already be happening. The highest
ranking items were as follows:
1) Public Works Facility
2) Downtown Revitalization
3) Watertower Fund/Infrastructure
4) Entrance Monument
5) Economic Development
6) Reroute Main Street
7) Park Development
10
8.16666
8
7.66666
7.33333
7
5.33333
Four items tied with a total of four points each - Youth Center, Feasibility Study for
Additional Senior Housing, Citizen Involvement, Trailways
2000 GOALS
~ Public Works Building
LL · Acquire Eagle Trucking
-+ Watertower -
'\ . Acquire a future building site
C7'\ Downtown Revitalization
. City contributions towards the project to offset assessments
_ Economic Development
. Develop promotional literature
-; . Continue to offer tax increment
~~ County Road 14 Rerouting
. Participate in feasibility studies with County
_ Additional Senior Housing
. Pledge general obligation of the City towards bonds
_ Additional Citizen Involvement, Improved Communications with Citizens
. Additional advertising
Teen Center
. Purchase property, retain old public works
_ Trailways
. Pave existing trail easements
Parks
. Purchase Barott Property
Parks
. Purchase Property Across from LaMotte Park for fishing pier
Entrance Monument
. Expend funds for structure, lighting, landscaping, etc.
21st Avenue Road Construction
~ Other cDt:,Qj( ()(.( t' 'i' \S\ 1 N r; P 0 e ~S
Other
Other
Other
Sent By: Glenn Rehbein Co;
6127846001;
Jan-27-00 10:09AMj
/P r/. 4- z , - 8 b 2.. ~
To:
~t.~ . "'L ""l-
City of Centerville
Attention:
Jim March
Tom
Linda
Mari
Terry
City Administrator
Mayor
Council Member
Council Member
Council Member
Reference:
Goals for 2000
Th~ lollowill~ is my Lilt of goals to be reviewed and prioritized. Thi!llist begins with the
issues I deem to be of the most import/lnee.
New location for public works department
Economic development with-in the city
Contil1uatio" of ordinance up-dating
Begin fundini for future infrastructure (water tower, downtown utilitic!\, etc.)
Downtown revitalization
Youth activity center
Implementation of committee budgets for desired purposes
Comprehensive plan periodic review
Feasibility of additional senior housing
Maximize citizen involvement
Reduction of building permits as major revenue source with-out railOing laxe~
Sincerely,
Dick Travis
Councihnember
Page 1/1
Goals 2000
Terry Sweeney
L Public Works Building.
II. Water Tower Fund.
IILDowntown Revitalization.
IV.City Gateway.
V. Attract Businesses to Industrial Park.
VI.Fete de lac "Revitalization".
VILCity Holiday, Festival, and/or Community "Pride" signs.
The above goals are in no specific order. These are the things I'd like to see accomplished
before the end of 2000. Some of the above goals are well on their way, and I think they can
realistically be accomplished this year.
GOALS and OBJECTIVES 2000 by Tom Wilharber
Public Works Building
Water Tower
Downtown Revelation
Economical development (Business & Industry)
Rerouting of Anoka County 14 around city to the North
Senior Citizen Housing addition
Citizen Involvement
Communications with citizens / other communities
Teen Center
Trailways
Parks ( to include picnic areas / shelters, etc.)
2000 GOALS
Public Works Building
. Ac uire Eagle Trucking
Watertower
"
. Acquire a future building site .:en 1 N 'S' 7)") OJ 1 ~
Downtown Revitalization
. City contributions towards the project to offset assessments
_ Economic Development
. Develop promotional literature
. Continue to offer tax increment
_ County Road 14 Rerouting
. Participate in feasibility studies with County
_ Additional Senior Housing
. Pledge general obligation ofthe City towards bonds
_ Additional Citizen Involvement, Improved Communications with Citizens
. Additional advertising
Teen Center
r
_ Trailways
~ --!Jave existing trail easements
~'~ Parks., $ 3.:J6 I< + ~ ~ " ~
__~. Purchase Barott Prope~ ~~~~""'-- .f I ..../Y. j
Parks' ~ ~ ~~\
. Purchase Property Across from LaMotte Park for fishing pier
Entrance Monument
. Expend funds for structure, lighting, landscaping, etc.
. Purchase property, retain old public works
0rzvvt.: & ~^-- 'S~
21st Avenue Road Construction
*
~~~ '''-
Other
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2000 GOALS
-1- Public Works Building
. Acquire Eagle Trucking
Watertower
. Acquire a future building site
2... Downtown Revitalization
. City contributions towards the project to offset assessments
_ Economic Development
. Develop promotional literature
. Continue to offer tax increment
County Road 14 Rerouting
. Participate in feasibility studies with County
Additional Senior Housing
-4 · Pledge general obligation of the City towards bonds
Additional Citizen Involvement, Improved Communications with Citizens
. Additional advertising
Teen Center
. Purchase property, retain old public works
~ Trailways
. Pave existing trail easements
Parks
. Purchase Barott Property
Parks
__ . Purchase Property Across from LaMotte Park for fishing pier
2 Entrance Monument
. Expend funds for structure, lighting, landscaping, etc.
21st Avenue Road Construction
Other
/01 fY2 ~~ ~'-(
"5 I ~4::..y~
Other
Other
Other
2000 GOALS
i Public Works Building
. Acquire Eagle Trucking
- Watertower
f") · Acquire a future building site
~ Downtown Revitalization ,~
..
. City contributions towards the project to offset assessments
_ Economic Development
. Develop promotional literature
. Continue to offer tax increment
County Road 14 Rerouting
. Participate in feasibility studies with County
_ Additional Senior Housing
. Pledge general obligation of the City towards bonds
_ Additional Citizen Involvement, Improved Communications with Citizens
. Additional advertising
(...; ~ jc..:.:t;ev..;c(j
, _....\
~z+-'to,~ ,
~'i ~.h'8
Teen Center
. Purchase property, retain old public works
_ Trailways
. Pave existing trail easements
Parks
. Purchase Barott Property
Parks
l
. Purchase Property Across from LaMotte Park for fishing pier
Entrance Monument
. Expend funds for structure, lighting, landscaping, etc.
21st Avenue Road Construction
Other
S"feA.. 0...... C'\~ ~.
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~
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Other
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MEMO
DATE: February 17, 2000
TO : Honorable Mayor and Council
FROM: Jim March
RE : Public Works Property Proposal
............................................................................
Included in your packet is the proposal that was received from St. Genevieve's church for
the current public works property. This is the only proposal that was received. I had
received many calls on this property and several developer's looked at the site. We could
sell the site tomorrow if we wanted to allow apartment buildings or multi-unit
townhomes on the property. I would recommend that the City consider holding the
property at this time. If the Council pursues the Eagle Trucking facility, the City could
proceed with removing the old buildings, implement phase one of the water extension
and streetscape enhancements and then possibly execute a short term lease with the
church to use the site for parking until a more desirable proposal was received for
redeveloping the site in the future.
February 10, 20000
Mr. J. March
City Administrator
City of Centerville
1880 Main St.
Centerville, MN 55038
Subject:
Public Works Property Purchase
Parcel's 23.31.22.23.0005,23.31.22.23.0006,23.31.22.23.0007,
23.31.22.23.0009,23.31.22.23.0010 and 23.31.22.23.0014
Dear Mr. March;
The Church of S1. Genevieve would like to submit an offer to purchase the Public Works
Property identified in the above parcel's. The Church of St. Genevieve has short term and
long term plans for the property. With the continual growth of the surrounding
communities, we have seen an increase in participation in our Parish. Accordingly,
parking during masses and Church activities has become an increasing problem. It would
be our intention to initially use the property as parking space as needed. The Church of
St. Genevieve has begun the initial process of long term planning for the future of the
Parish. This has included retaining an architect firm to do a preliminary study on the
surrounding community and projected needs of our Parish. Nothing has been decided at
this time but it is apparent the facilities will be inadequate as they are to fulfill the
requirements of the community. The St. Paul Archdiocese has stringent guidelines in
Church facilities and open areas. It is a priority that any property and facilities be
environmentally friendly to blend in with the community. We have not prepared any
drawings or sketches at this time due to the early stages of our planning. They will be
shared as our planning continues.
We understand that the Church would be responsible for the demolition of the Public
Works building. We also understand the City of Centerville has not done any soil testing
of the site nor investigations into other hazardous materials contained on the site.
Accordingly, our offer is contingent upon further review of these conditions.
Our offer is for $25,000 payable upon closing. Please feel free to address any questions to
the undersigned.
Sincerely,
~d~
Andrew A. Melcher
St. Genevieve Parish Council, Chair
651-464-7525
MEMO
DATE February 17,2000
TO Honorable Mayor and Council
FROM: Jim March
RE : Hunter's Crossing Feasibility Study and Comprehensive Plan Amendment
............................................................................
Mr. Rick Carlson is requesting that the City authorize the City Engineer to proceed with a
feasibility study for the proposed development to be known as Hunter's Crossing. Mr.
Carlson is also requesting that the City authorize consultant Dean Johnson (Resource
Strategies) to proceed with the process of applying for a comprehensive plan amendment
to move the former Prachar property ahead one year in the MUSA staging. Mr. Carlson
understands that both of these items would proceed at his own risk and expense. Mr.
Carlson has already escrowed $5000 with the City and has expressed his willingness to
escrow more to continue the process.
MEMO
DATE February 17, 2000
TO Honorable Mayor and Council
FROM: Jim March
RE : Appointment ofMady Reiter as Tn-City Police Commission Chairperson
............................................................................
Mady Reiter has indicated an interest to continue to serve as the chairperson for the Tri-
City Police Department Police Commission. Each of the member City Councils is being
asked to endorse Ms. Reiter as the chairperson. Ms. Reiter did a great job in facilitating
the task force meetings when the discussions were occurring on forming the Tri-City
Police Department. Ms. Reiter is a Council member from Shoreview and is a non-voting
member on the Tri-City Police Department Police Commission.
MEMO
DATE: February 17, 2000
TO : Honorable Mayor and Council
FROM: Jim March
RE : YMCA Development Agreement
I...........................................................................
Included in your packet is a copy of the development agreement that the YMCA has with
the City ofLino Lakes. This item is being placed on the agenda for discussion purposes
only. There is no required action needed at this time. This item will be discussed at the
next Park and Recreation meeting in March. Mr. Daryl Silvemess plans to bring a
proposal to the City that would include the possibility of providing summer programming
this year in our parks to serve the youth in the community.
REVISED DRAFT (12/22/99)
YMCA/CITY OF LINO LAKES
DEVELOPMENT AGREEMENT
A. FACILITY
1. The YMCA constructs a facility of approximately 37,000 square feet that includes a
teen center, gym, indoor pools, running/walking track, cardiovascular/strength
training area, aerobic studio, family program space and Child Watch. Building design
will provide for future expansion opportunities.
2. The YMCA site and building plan will adhere to the principles of the Village Master
Plan and its development standards.
3. The YMCA will hold responsibility for the design of the facilities listed in A-I, and
operations and programming within the facility, including the hours of operation. The
City ofLino Lakes, through its participation on the board of directors and its city staff
liaisons acting as at-large members on the facilities, finance and programming
committees, will provide comment regarding the architectural design, site layout,
landscaping, parking, lighting and signage incorporated within the design standards.
City staff and the YMCA will meet periodically to discuss program offerings and to
review and plan complementary and joint programming.
4. The YMCA will be subject to the city's comprehensive plan, zoning ordinances, and
site plan reviews. The YMCA will be responsible for obtaining any other necessary
permits from other public regulatory agencies.
B. FINANCIAL COMMITMENT
1. It is anticipated the cost for construction of the facility will be in the range of $6
million, including in-kind donations, based on year 2000 construction costs.
..
2, The City ofLino Lakes commits to $1.5 million in support of the construction of the
YMCA upon acceptance of the development agreement by the Lino Lakes City Council.
(Note: The method and schedule/or conveyance ofthisfunding is unknown but will be
included in this agreement). The YMCA commits financial development to secure funds
to construct the facility. Ifa shortfall exists, the YMCA agrees to debt finance up to $1.5
million.
2. The City ofLino Lakes will provide infrastructure (road, sewer, water) to the
property. The YMCA will be responsible for all costs associated with utility hook-up
from the street to the facility. The YMCA will be solely responsible for all permit
fees, SAC fees, and connection charges.
3. The YMCA will be solely responsible for all costs in excess of the sum contributed
by the city, including financing, administrative, architectural, engineering,
construction management, surveying and legal costs, site and building plan review
fees, but excluding economic development staff time, city financial consultant and
city attorney expense.
C. RESIDENTIAL USE COVENANTS
-l-:- Local YMCA individual and family memberships will be available to Lino Lakes
residents at a 10% discount below standard pricing of all membership categories
offered through the YMCA of Greater Saint Paul for 15 years from the date the
YMCA is operational.
2. Initial one-time reduction of25 percent offrnembership fees will be available to Lino
Lakes residents from the date the YMCA is operational. The YMCA shall inform all
eligible members of their right to the discounts at the time of registration.
3. The YMCA will provide a minimum offou~ community events annually when the
facilities are available free to all residents of Lino Lakes for 15 years from the date
the YMCA is operational.
4:- A teen center will be available to all Lino Lakes teens during the YMCA teen center's
hours of operation for 15 years from the date the YMCA is operational.
1. If the YMCA enters into an agreement with another city in which membership
discounts are established, the rates in this agreement may be adjusted so that they are
no higher than rates provided other cities.
2. Lino Lakes residents will be subject to the same rules, regulations, conditions and
limitations of use as all regular YMCA members.
D. PROPERTY RIGHTS
The City ofLino Lakes will transfer title of 6.7 :!: acres ofland to the YMCA at the time
the above conditions are met. The land will be conveyed by ordinance as required in the
City Charter. The land and building may not be sold to a private, for-profit corporation in
the event of default, bankruptcy, insolvency, etc. The ownership of the land will revert
back to the city.
E. INDEMNIFICATION
1. The YMCA will indemnify and hold harmless the City from all liabilities,
obligations, damages, penalties, claims, costs, including architects and attorney's
fees, for any reason including work done in or on the property of the YMCA; any use,
operation, maintenance or management in and on the property of the YMCA; any
.'
negligence on the part of the YMCA, its agents, contractors, employees, etc.~ any
accident, injury or damage., etc.
2.
Not
Approved
CENTERVILLE ECONOMIC DEVELOPMENT COMMITTEE
REGULAR MEETING MINUTES
FEBRUARY 15, 2000
Pursuant to due call and notice thereof, the Centerville Economic Development Committee held their
regularly scheduled meeting on January 18,2000 at City Hall, 1880 Main Street.
Present:
EDC Chairperson Tim Rehbine
Committee Member Mary Capra
Committee Member Lori Dorn
Committee Member Paul Montain
Committee Member Betsy Scheller
Council Member Dick Travis
Staff:
EDC/StaffLiaison Aimee Fairbrother
Absent:
Committee Member John Magill
Committee Member Michelle Moser
CALL TO ORDER
Acting Chairperson Paul Montain called the meeting to order at 7:07 p.m.
APPROVAL OF MINUTES
Motion b Ms. Scheller to a rove the Janua 18 1999 meetin minutes after noted chan e.
Ms. Dorn seconded the motion. Ms. Caora abstained. Motion carried.
OLD BUSINESS
DESIGN TEAM - "IDEAS IN ACTION"
A. City Theme (historical)
Ms. Capra and Ms. Dorn indicated they have researched the process required to have
buildings or land placed on the Historical Registry. Ms. Capra and Ms. Dorn agreed the
requirements the City would need to fulfill in establishing a Historical Commission may be
more then they are able to offer at this time. Ms. Capra added that through her research she
has learned Anoka County has a listing of historic buildings. The committee felt they would
be further ahead if they concentrated on placing buildings on the Anoka County Historical
-1-
Register. It may be easier to have the buildings placed on the state register, if they are already
on the Anoka County listing. The committee discussed the possibility of property owners not
wanting their structure (s) on the registry, resulting in research and work with a diversified
outcome. Ms. Scheller and Ms. Capra will make phone calls to potential "historic" property
owners to educate them on the process. Ms. Capra, Ms. Dorn and Ms. Scheller will work
together on submitting an article in the LeJournal and LePetit, the city newsletters. Ms. Capra
will also contact Anoka County for more information.
Phase I. Downtown Revitalization
The committee discussed ideas from the City ofBiwabik and the City of Lindstrom, which are
cities that have gone through or are going through redevelopment. The committee agreed
that zoning issues need to be set in place, because zoning is "the vehicle" needed to
incorporate streetscape visions for our downtown. The committee will invite Design Team
volunteers, the Downtown Revitalization Committee and all business owners for a Downtown
"theme" Workshop on March 21, 2000 at 6:00 p.m. Ms. Scheller and Ms. Fairbrother will
create sample theme ideas and prepare an agenda for the meeting. The committee would like
to present council with a theme idea for downtown by the May Business Appreciation Dinner.
Ms. Fairbrother added today was the deadline for the request for proposals on the public
works property. One request for proposal was submitted.
B. YMCA
The committee discussed briefly benefits and concerns of the city donating $250,000 to the
YMCA in exchange for resident discounts and parks and recreation programs. The
committee continues to be interested in the progress of this development.
SPECIAL REVENUE FUND
A. LOGO MUGS
Ms. Fairbrother shared the marketing idea she created based on the committee's request and
concern for slow sales of the mugs.
Motion bv Ms. Capra and seconded bv Ms. DOrD to accept and implement the marketin2
concept for the mU2S. Motion carried unanimouslv. I
ORDINANCE UPDATE
Ms. Fairbrother updated the committee on Planning and Zoning's progress of the Ordinance #4
- 2 -
rewrite. Ms. Fairbrother indicated Mr. March anticipates a "draft" copy of the ordinance by
March. He also shared the following information:
. The "sign" subdivision has been revised.
. The accessory building structures will be 200 square feet or 2% of the lot size.
. The home occupation section has been modified.
. Mixed use criteria for the downtown.
. Set backs will be governed by the building codes, to incorporate reduced set backs in the
downtown area.
Mr. Rehbine stated the above listed items were good for the downtown, and would like to see a
covenant in the ordinance requiring 50-foot lot lines.
NEW BUSINESS
SNOWMOBILE ORDINANCE
Mr. Montain added this agenda item. Mr. Montain shared his feelings about the recent public
hearing. Mr. Montain voiced he was not impressed on how the City handled the situation or how
the press took hold of it. Mr. Montain feels the issue is an enforcement and informational
problem.
ROTATE PORTABLE EXHffiITS - Tabled
A WARDS
The following residents were nominated for the "Citizen of the Year" Award:
Ray and Karla De Vine
Tom and Aimee Fairbrother
Aimee Fairbrother
1837 Revoir Street
1844 Revoir Street
1844 Revoir Street
The following businesses were nominated for the "Business of the Y ear" Award
Lloyd Drilling - Developer
Gator Signs - Brian Bernier
Trio Inn - Paul Montain
Ms. Capra will create the ballot fo~ and Ms. Fairbrother will distribute them to City Staff.
Voting forms will need to be submitted by March 15,2000.
ADJOURNMENT
Motion to adiourn at 9:00 p.m. was made by Ms. Capra. and seconded by Ms. Scheller.
Motion carried unanimously. I
- 3 -
Respectfully Submitted,
Aimee Fairbrother
EDC/Staff Liaison
- 4 -
tervi{{e
'Estab{ished 1857
1880 Main Street . Centervi{{e/ M:I{ 55038
(651) 429-3232 . 'Fa/( (651) 429-8629
February 16,2000
Mr. Tom Peterson
Bonestroo, Rosene, Anderlik and Associates
2335 West Highway 36
Saint Paul, MN 55113
Re: Future Trail Establishment within Developer Agreements
Dear Mr. Peterson:
The Centerville Parks and Recreation Committee is requesting any future Developer
Agreements be written to include the establishment/placement of trails (class five base)
within the development, prior to the construction of any dwellings.
With the placement of the trails prior to construction, it will ensure future trails will exist
within the new development as well as connect the existing trails within the City.
If you have any questions or concerns, please feel free to contact Jim March at:
429-3232.
The Centerville Parks and Recreation Committee would like to extend our thanks for
your attention to this matter.
Sincerely,
Cent"erv~p(M'"k1T~'Recreat;'Wfl;CO>>Unift~
CPR/jrnl
CC: Centerville City Council
Planning and Zoning Commission
Attorney James Hoeft
Paul Palzer, Building Official/Public Works Director
Jim March, City Administrator