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Home My WebLink About2007-02-14 Set Agenda CITY COUNCIL MEETING COUNCIL MEETING Wednesday, February 14,2007 - 6:30 p.m. Red = Set Agenda L CALL TO ORDER 1. Roll Call ll. PUBLIC HEARINGS m. APPROVAL OF AGENDA IV. APPROVAL OF COUNCIL MINUTES c~ 1. . January 24, 2007 City Council Work Session Meeting Minutes (page 1) 2. January 24, 2007 City Council Meeting Minutes (page 2-6) 3. February 7,2007 City Council Work Session Meeting Minutes (page 6a) V. CONSENT AGENDA 1. City of Centerville January 25, 2007 through February 14, 2007 Claims (page 7 & a) 2. Centennial Fire District Expenditures through February 2, 2007 (page 8-9) 3. Centennial Police Department Expenditures through February 8, 2007 (page 10-11) 4. Parks & Recreation Committee Recommendations: a. ChairpersonlVice-Chairperson - Committee 2007 (page 12) b. Centennial Lakes Little League Use of LaMotte Memorial Park Ball Fields (page 13) Co Naming New Park - "ffidden Spring Park" (page 14) 5. Retaining Attorney Robert Deike as Legal Counsel for Downtown Redevelopment 6. Retaining Ehlers & Associates as Consultant, Representatives Jerry Shannon & Mark Ruff for Downtown Redevelopment 7. Sager's Bar & Grill Request for 2 A.M. Closing Renewal (page 14a). 8. Parks & Ree. Recommendation to Deny Bald Eagle Water Ski Clubs Use of 1601 LaMotte Drive for Viewing/Staging Area for Their Ski SholVs (page 14b-e) VI. A WARDSIPRESENTATIONS/APPEARANCES 1. Anoka County 911 Communications Manager, Mr. John Tonding 2. Bonestroo, Rosene, AnderIik & Assoc., Representative Mr. Dale Tranter (page 14f-h) VII. OLD BUSINESS 1. Res. #07-002 - Adopting the Anoka County Multi-Jurisdidional Hazard Mitigation Plan (page 1~16) 2. Scheduling of Joint Goals & Objectives 2007 Meeting With P & Z and P & R 3. Policies a. SidewalkffraH Inspection (page 17-19) b. Pothole Repair (page 20-21) Co Street Sweeping (page 22-24) 4. Ordinance #XX, Second Series - 2007 Fee Schedule (page 25-38) 5. Anoka County Integrated Waste Management Agreement for Residential Recycling Program 2007 (page 39-48) 6. Resolution #07-005 - Dedicating City Owned Property for Project Purposes (page 49-50) a. Approval of Custodial Letter (page 51) 7. Fairview Street Improvements (Bonestroo Estimate) (page 51a-c) a. Rehbein Agreement (page SId-I) b. Eibensteiner Agreement (page 51g-i) VIII. NEW BUSINESS 1. Resolution #07-OXX - Requesting Comprehensive Road & Transit Funding in 2007 (page 52-54a) 2. Schedule Public Hearing to Vacate Part ofWestview Street 3. Engineering/Surveying Scope & Proposal for Utility Relocation - Downtown Redevelopment (page 5S-57) IX. ANNOUNCEMENTSIUPDATES 1. City Admini~trator, Mr. Dallas Larson 2. Centerville Sesquicentennial a. LaCompany b. Aerial Photo Project 3. Downtown Redevelopment X. ADJOURNMENT ** REMINDERS * * City Council Meeting - February 28, 2007 - 6:30 p.m. Council Chambers Planning & Zoning Commission Meeting - March 6, 2007 - 6:30 p.m. Council Chambers Parks & Recreation Committee Meeting - March 7, 2007 - 6:30 p.m. Council Chambers . city Council 2007-02-07, 6:30 p.m. Minutes of Work Session ~~~ ppC~ r. i'~: 11 l " Present were Mayor Mary Capra, Council members Michelle Lakso, Jeff PaaT, Linda Broussard and Tom Lee. Also present were City Attorney Kurt Glaser, Attorney Bob Deike, Jerry Shannon ofEblers Associates, Ron Mebl of Beard Group and Administrator Dallas Larson. FinAftCA! Director, John Meyer updated the Council on the financial aspects of the redevelopment and potential tax increment financing need. Ron MehI reported that Beard Group is still very enthusiastic to move forward with the project and would like to . get the development agreement signed as soon as poss1ole. The Council disalqet) the project phamng and the potential to use eminent domain if the developer is not successful in acquiring all of the properties. Use of eminent domain is limited to where the City will remain the property owner, such as for public parking lots and street right-of-way. Bob Deike who is ,Himng the City Attorney in the transaction, indicated that he will redraft the development agreement on behalf of the City. The Council expressed concerns that the development of phase one should not move forward UDlil all properties in that phase have been acquired. That language can be incorporated into the agreement with Beard Group. It was anticipated that the development agreement can be redrafted in about two to three weeks, with a hope of approval by early March. Adjourned at approximately 8:15 p.m. Dallas Larson City ft.dministrator 6a.- erviffe 'E..<ta6l'rsfidl8.57 Name 10100 MAIN STREET BANK Paid Chk# 022117 AFLAC Paid Chk# 022118 ANOKA COUNTY paid Chk# 022119 ANOKA COUNTY PROPERTY Paid Chk# 022120 BRADLEY & DEIKE, P.A. Paid Chk# 022121 BUSINESS FORMS & Paid Chk# 022122 CALIFORNIA CONTRACTORS Paid Chk# 022123 GOPHER STATE ONE CALL INC Paid Chk# 022124 KENNEDY & GRAVEN Paid Chk# 022125 LARSON, DALLAS Paid Chk# 022126 MESSAGE LABS Paid Chk# 022127 OFFICE MAX Paid Chk# 022128 PC SOLUTIONS, INC. Paid Chk# 022129 QWEST Paid Chk# 022130 SAM'S CLUB Paid Chk# 022131 SAUTER & SONS, INC. CITY OF CENTERVILLE 02/14/073:19 PM Page 1 *Check Summary Register@) FEBRUARY 2007 UPDATE Check Date 2/1412007 2/1412007 2/1412007 2/1412007 2/1412007 2/14/2007 2/1412007 2/1412007 2/1412007 2/1412007 2/1412007 2/1412007 2/1412007 2/14/2007 2/14/2007 Total Checks Check Amt $45.88 FEB. AFLAC WIH 2-07 $138.00 OUTLOT A - PHEASANT MARSH 3RD $2,411.03 SPECIAL ASSESSMENTS $180.00 CENTERVILLE, MAlNSTREET - REVI $157.79 LASER AlP CHECKS - BLUE $207.68 PIGSKIN DRIVERS GLOVES & REFLE $131.90 JANUARY SERVICE 2007 $313.50 ECONOMIC DEVELOPMENT TIF 1995 $174.10 REIMBURSE FOR MEDICAL EXPENSES $1,000.00 ANTI-VIRUS,SPAM, IMAGE CONTROL $295.03 OFFICE SUPPUES $593.13 SONIC WALL TZ WI SUPPORT $56.55 PHONE SERV THRU 2-28-07 $70.57 SUPPUES $2,000.00 REFUND SOD ESCROW - 1745 MAIN $7,775.16 7/cu . Renewal Application for Optional Liquor 2AM License Type: 2AM- YR Expires On: April 18, 2007 10 Number: 20094 DBA Sahawk of Minnesota Inc. Sager's Bar & Grill 7098 Centerville Rd Centerville MN 55038 Business Phone: 6516537791 If any of the above licensee information is not correct, please make corrections as necessary. Licensee must report previous 12 month on sale alcoholic beverage gross re.ceipts by checking one of the boxes below. Next to the box you check is your 2 AM license fee. Make check payable to: Alcohol and Gambling Enforcement Division (AGED). Mall this application and check to: AGED, 444 Cedar St, Suite 133, Sl Paul, MN 55101-5133. _ $300 2 AM license fee - Up to $100,000 in on sale gross receipts for alcoholic beverages _ $750 2 AM license fee - Over $100,000, but not over $500,000 in on sale gross receipts for alcoholic beverages _ $1 000 2 AM license fee - Over $500,000 in on sale gross receipts for alcoholic beverages _ $200 2 AM license fee - 32% On Sale Malt Uquor licensees or Set Up license holders -X. $200 2 AM license fee - Did not sell alcoholic beverages for a full 12 months prior to this application ..x. Yes _No Does the city or county that issues your liquor license allow the sale of alcoholic beverages until 2 AM? City ClerklCountyAuditor Signature (I certify that the city or county of 2AM) Licensee Signature .A:.. (I certify that I have answered th questions truthfully aDd correctly) Licensee Minnesota Tax 10 Number (Required): ~ J - nso ,C; " Date approves the sale of alcoholic beverages until Date J... J3 "07 Licensee: Prior to submitting this application to the Alcohol & Gambling Enfocement Division you must have this form signed by your local city or county licensing official Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division (AGED) 444 Cedar street, Suite 133, St Paul, IVIN 55101-5133 Telephone 651-296-6979 Fax 651-297-5259 TIY 651-282-6555 www.dps.state.mn.us 2amRenewal2004 /4 M"E""'" ~ "L,._ .I _:! '~~~. r; j; '\ ',..' ,.1 i ' ., "'. _L {' J .,..~,. :. J._ . '"-o._.~""" f { "'. -~ ' '-' ."'~ --~ -...-.~., TO: Honorable Mayor and City Council Members FROM: Kim Stephan DATE: J!ebroary 8, 2007 SUBJECT: Use of Centerville's Park at 1601 LaMotte Drive as a Viewing I Staging Area for the Bald Eagle Water Ski Shows Attached is a letter from the Bald Eagle Water Ski Club's President, Mr. Mark Spitzmueller, and the Park & Recreation Committee's recommended response. Iii 8~GLE WATERSKI SHOWS City of Centerville Parks & Recreation Committee 1880 Main Street Centerville, MN 55038 Dear Members, On behalf of Bald Eagle Water Ski Shows I would like to thank you for taking the time to meet with us during your.1ast meeting. It was very gracious of you, on such short notice, to allow us to present our ideas for consideration in the planning process for the new 1601 Lamott Park. We enjoy being part of the community through our weekly ski shows and practices at our home site at Waterworks on Centerville Lake and would like to explore every opportunity to continue to grow with the community. Our team is open to all regardless of age or skiing ability and we are hoping to attract even more members from the 'local area. Last year we had a great tumout for our leam-to-ski clinic prior to our Fete des Lacs ski show and many expressed interested in - membership for this year. We know there are some challenges and unknowns at this point, but we would like the chance to work with you to investigate the feasibility of our proposal. Two of the concerns expressed at the meeting were the type of dock and water depth. In regards to the dock, the club would be responsible for putting.it out in the spring and removing it In the fall. We also think that we can incorporate a removable or retracting section at shore and signage into the dock design to prevent unauthorized use. The water depth issue could possibly be overcome by adding dock sections, but additional evaluation will be needed to determine if it is feasible in this area of the lake. Again we thank you for your time and service to the community. We look forward to following up with you at your convenience. Please feel free to contact me with any questions at one of the numbers listed below. Sincerely, Mark R Spitzmueller President Bald Eagle Water Ski Shows, Inc. Hm. 651-222-3492 Cell 651-308-35n /Lj~ tervi{{e T.staOBsfretl1857 1880 94.ain Street . CenterrJi{[e, fM!N 55038 (651) 429-3232 . P~(651) 429-8629 February 15, 2007 Bald Eagle Water Ski Shows, Inc. Mr. Mark Spitzmueller, President 6521 White Oak Rd Lino Lakes, MN 55038 Dear Mr. Spitzmueller, The Park: & Recreation Committee met on Wednesday, February 7, 2007 and discussed your letter and the proposal you and Mr. Dean Havel presented at the January 3, 2007 committee meeting concerning the use of the City of Centerville's Park at 1601 LaMotte Drive as a viewing I staging area for the Bald Eagle Water Ski Shows. The committee appreciates that the Bald Eagle Water Ski Club has contributed positively to Centerville's community for many years and would . like to see the club continue to perform on Centerville Lake. However, due to the shallowness of the lake in front of the new parkland, in combination with the Ski Club's needs, the comniittee feels the Ski Club's standard, normal activities would conflict with the park's theme of eco-conservation and sustainability. In particular, the following issues are of concern to the committee: · The large inboard/outboard motor activity in the shallow confines of the area is likely to disturb and/or permanently disrupt the fish, turtle, frog and other lake eco-systems near the beach. · The wake created by the boat(s) and skiers could exacerbate the shore erosion or counter our efforts to curb the erosion. · A dock, particularly a lengthy one that would likely be needed to provide adequate depth for large boats, would disrupt the visual continuity of the natural shoreline - where we wish to promote native plant growth. While the Bald Eagle Water Ski Club's propo$ed use of the new parkland may not mesh well with the focus and theme of our new park property, we encourage you to seek an arrangement with other possible sites on Centerville Lake. Perhaps the Anoka County Rice Creek Chain of Lakes Park's developed shoreline area might better accommodate the Ski Club's needs. ~, 74e ~ 1J4Il44 & ~ (!4mfldttee ~S~Seelq f',"...~ ~tWeA~ ~~~Uut4~ ~~~erMS~ ~~~~ ~~f)~~ ~ ~ ~tJIIt ';iIcrwti6 ~~~~.7_~ ;L/d ""~, - 14- 13 t '. '';-',:-- ~ .' . ~~i ' \ .:~ !~l'::;':~~._' .~ , '.~_.~ .... .~ .:'....,...1:..; .:~,. ..~. .c?"~" - r J:-.'~ { I~. ~ . .'- .f: I :~i:" ;'~I', . "'i" 'I, ' ~ !iI' ;' ~I{' . f!" - ""f. ,', " ' ,_. ~(a; ~al, . ~~1"'!:):6" d},p ~<~., . .'~':-': r..... ..~ . . 4' . . . If . ~. " , fl J a:!'" ~, .> ~-"~~,~- ~. t "',. " ."::SD;:'-:'-- \ ~. , ~. '-". ~.-", ~~'.;'.-,;.~ .J 1"--, > -Ji~~ ",: ':-.' -.,' . ..". ~-', ""'-, ,'_i,.,~,;;j~:;~~;,._:-_ ,'" , Bonestroo 2006 Performance Review An Evaluation of Services Provided by Bonestroo Comments received from: Composite of Council and Staff Date: January 31,2007 Review consolidated by.: Dallas LarS<?n · What have you liked best about our services? In other words, what would you like to see us continue? Thoroughly checking all work done by contractors for the City of Centerville. Reviewing all significant changes with council Is helpful to keep us on top of things. Evaluating all punch list Items. and ensuring that all are being accomplished for the city. Written update by engineer has been valuable to Council. · What have you not liked or least valued ",bout our service? Things are better with the change in Bonestroo staff member Involved with Centervllle. It Is important that the engineer .Is working for the CIty's best Interest at all times and is not afraid to approach and call out contractors and service providers who may not have accomplished all that is needed for a job. It is essential that contractors be held to the specifications and that inspections be thorough. Projects should not be closed until all . contract requirements are met. · What ideas can you share with us to help us improve our service? Continue to focus, not only engineering requirements, but customer and client service aspects as well. Make sure that inspections staff is present during critical stages.of project construction and that oversight is thorough. enough to detect problems before they are buried. Two recent examples where inspection fell short are the substandard fittings that caused the recent watermain failure and.the Peltier Preserve sanitary sewer which was not caught in the field or by reviewing the TV logs for the sewer. One of these is a BRAA project and one appears to predate BRAA. . /4-P · Based on our recent project performance, what, if anything would you recommend that we do differently? Establish a procedure to ensure that inspection and monitoring of projects is thorough. The watermain failure could have been a disaster if it woi.d~ have. occurred in another location. Does BRAA have procedures. in place that would have caught this problem if it had been constructed during your tenure? · On a scale of 1-10, how would you rate our service in 2006? (A rating of 1 is poor,S is average and 10 is excellent). 7.5 Consultant is providing an acceptable level of service. Improvement is possible especially in the area .of project inspection and monitoring. ;i. j .. Benchmark Grades Please provide a benchmark score for our performance in the following areas. (A rating of 1 is poor, 5 is average and 10 is excellent). Additional comments may be added on reverse side of page if desired). Score Service Comments N/A Planning (comprehensive plans) 8 General Engineering (feasibility Mark has been providing us with and update list of reports, plans and specifications, current projects within the city and that has been very public improvement projects) helpful and appreciated by the entire council. N/A Waste Water Treatment N/A Water Treatment 8 Water Tower . We11s/Lift Stations 7 6.00 Water Resources, Storm Water This is one of the areas that may be waiting on Reviews and Wetland Assistance information from another source. Status is uncertain. 7.00 Traffic/Transportation 7 Mapping/GIS Maps are updated by BRAA and inserted into City GIS system. Accuracy and timeliness could be improved. 8.00 Construction Services Public Mark has performed well during council meetings addressing the public. 8.00 Construction Services Private Mark has represented the City in a professional manner and has been a strong advocate for what will work best for our situation. 7 Billings 75 Overall Service Rating /11 Pagelof2 T__ Bender From: Statz, Mark R [11~-OO.com] Sent: ThuIsday. November 30.2006 4:48 PM To: dI8I8on@c:entelVillemn.c:orn Cc: Paul Patzer; Goodman. Ryan J; Rolfs. MaR R SUbject: RE: Fabview street - Revised Cost Estimate Sony, forgot the attachment. from: Statz, Mark R Seat: ThUlSday, November 30, 2006 4:46 PM To: 'cDarson@(e..te.vlDemn.mrn' Cc: Paul Patzer; Goodman, Ryan Ji Rolfs, Mark R Subject: RE: Falrvlew Street - RevIsed Cost Estimate . Dallas, As requested, we have looked at the possIblDty of locating a new well along the south side of Fainriew Street just east of the existing Royal Oak Industrial Park. We offer the following comments: . Having the new wen on a different electrical system is a good idea and can be helpful in prolonged power oomge~tioM. . . From a distribution standpoint, the location would work o.k. if one or both of the water main loops shown on the attached sketch could be installed in conjunction with the weD. The loops are Important In getting water from the well out to the 12" trunk main on CSAH 54. . The biggest drawback to the location relates to any future plans to construct a water treatment faciDty (WTF). If the City was ever In a position to need a WTF, the location of the third well would make it expensive to get raw water to the facility which would most likely be located near one of the other two existing wells. Nearly a mile of raw water transmission line would need to be Installed to connect to the other wells. Please let us know if you have any qUestiOM. Mark Statz from: Dallas Latson [malltD:dlBlSOIl~lleIviIIemn.c:om] Sent: Tuesday, November 28, 2006 11:28 AM To: Statz. Mark R Cc: Paul Pelzer SUbject: RE: FaIMew Street - RevIsed Cost Estimate Mark, Paul and I discussed the possibility of enlarging the easement on the south side of the street near the cul-de-sac to aDow for a future weD and pump house. Can you take a look at this and let me know what you think. We will eventually need another weiland Paul would Dke it on Connexus rather than Xcel.. (j)afl4s Larson, }ltlministratoi City of Centerville 6.51-429-3232 'JJ13/2007 010( Page2of2 -QriginaI ftJeJS~ 'IVm: Statz, Mark R [maillD.(I~rR=Iboo.arn] Sent: Tuesday, November 28, 2006 10:21 AM To: dIarsonOc:entervHJemn.c:om . Subjecl:: RE: Fairview Street - Revised Cost Estimate Per this letter, I would say $8,000 of the $16,000 would be for Items through bidding plus $3k and $4k for easements and permi1s respectively. Total pre-bld costs $15,000. From: Dallas Larson [mallto:dlarson(lcenterYllJemn.c:om] Sent: Tuesday, November 28, 2006 10:16 AM To: Statz, Mark R Subjecl:: RE: Fairview Street - RevIsed Cost Estimate Mark, Can you give me an estimate of the engineering through receipt of bids? I may ask the property owners to provide a deposit with their petition. (j)alfas Larson, jlt{ministrator City of Centerville 651-429-3232 -original M~ Fro_: Statz, Mark R [mallto:nDt4u@boIidboo.arn] Sent: Tuesday, November 28, 2006 8:51 AM To: dlarson@centervillemn.c:om Cc: Schlegel, KeIIie M.; Goodman, Ryan J Subjec:b FailYlew Street - Revised Cost EStimate Here Is the revised c:ost ...._ 1811ec1ing the shortened cul-de-sac (now BOO" to c:enter of sac). OUr last ....... had fixed numbers for engineering; you had asked us to us to use 30% for soft coals. ThIs estimate.shows a 10% cod1illgency and 30% soft costs. Revised easement drawings and ~ipliut'18 should be done in a few days. Please let me know If you have any questions. Mark 2/1312007 57/; C IT Y ~ ~ /J ~- -~ ~- .. -......... P> .,___ .~...w OF L IN 0 LAKES ~~~ GLE~ <I. , If I ~ _ _J - ~ SPECIAL ASSESSMENT AGREEMENT WAIVER OF HEARING AND APPEAL AGREEMENT made this day of . 20---, by and between the City of Centervi11e, a Minnesota municipal corporation ("City"), and Rehbein Properties("Property Owner"). RECITALS A Property Owner is the fee owner of the following described real property, located in the City ofCenterville, Anoka County, Minnesota ("Subject Property"): See attached Exln"bit A B. Property Owner requests that the City ofCenterville undertake the improv~ent ofFairview Street from 20th Avenue to a point approximately 800 feet east of 20th Avenue by installation of pavement, concrete curb together with neces# draitiage" and ~. sew~. ("Public Improvement"). C. The estimated costs expected to be incurred for the Public Improvement total $282,673 . NOW, THEREFORE, IN CONSIDERATION OF THElK MUTUAL , COVENANTS, THE PARTIES HERETO AGREE AS FOLLOWS: 1. The City will assess the Subject Property for the Public Improvement. The amount of the special assessment is $169,604. The special assessment shall be spread over ten years, together with six percent (6.5%) interest on the unpaid balance. Interest shall begin accruing on Septmber 1, 2007. The special assessment will be certified to the county and be due and payable with property taxes on the Subject Property beginning in 2008. Property Owner agrees to pay when due all installment of special assessments. Failure to pay any ~ent when due, shall immediately cause all remaining oassesmient balances to be due and payable. 2. The Property Owner waives any and all procedural and substantive objections to the Public Improvement and special assessments, including, but not limited to, SId I hearing requirements and any claims that the assessment exceeds the benefit to the Subject Property. The Property Owner waives any appeal rights otherwise available pursuant to MinD. Stat. ~29.081. 3. Property Owner may prepay the entire special assessment without interest if paid in full by October 1, 2007. 4. Property owner will contribute necessary permanent easements for streets and utilities as shown on the attached drawing, Exhibit B. 5. This Agreement shall be binding upon the Property Owner and the Property Owner's successors and assigns. This Agreement may be recorded against the title to the Subject Property. CITY OF' CENTERVILLE PROPERTY OWNER: BY: Mary Capra, Mayor Parcel #: 243122320002 Rehbein Properties BY:~~ Teresa Bender, City Clerk BY: STATE OF MINNESOTA ) .) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 20---, by Mary Capra and by Teresa Bender, the Mayor and City Clerk of the City of Centerville, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public 'b/LO.t-JA STATEOF~SOT..\ ) , . ) ss. COUNTYOF ~//lAI ) / . 2 61e The foregoing instrument was acknowled.gedbefore me this 7 day of kh. 2007. by nr/iAI eI 1., J( ~A.be,,1)" . . on behalf of Rehbein Properties. " . Notary PublIc. SIat8 of ArImna PInal Counly Adela Valenzuela EllpIrea November 23. 2007 3 SIP" SPECIAL ASSESSMENT AGREEMENT WAIVER OF HEARING AND APPEAL AGREEMENT mad~ this . day of . 20 ----J by and between . the City of Centerville, a Minnesota municipal corporation ("City"), and Royal Oaks Rea1ty("Property Owner"). RECITALS. A Property Owner is the fee owner of the following descnoed real property, located in the City ofCenterville, Anoka County, Minnesota ("Subject Property"): See attached Exhibit A B. Property Owner requests that the City ofCenterville undertake the improvement ofFairview Street from 2(fh Avenue to a point approximately 800 feet east of20fh Avenue by installation of pavement, concrete curb together with necessary drainage and storm sewer. ("Public Improvemenf'). C. The estimated costs expected to be incurred for the Public Improvement total $282,672. . NOW, THEREFORE, IN CONSIDERATION OF THEJR MUTUAL COVENANTS, THE PARTIES HERETO AGREE AS FOLLOWS: 1. The City will assess the Subject Property for the Public Improvement The amount of the special assessment is $113,069. The special assessment shall be spread over ten years, together with six percent (6.5%) interest on the unp~d balance. Interest shall begin accruing on September 1, 2007. The special assessment will be certified to the county and be due and payable with property taxes on the Subject Property ~g in 2008. Property Owner agrees to pay when due all installment of special assessments. Failure to pay any installment when due, shall immediately cause all rema.ining assessment balances to be due and payable. 2. The Property Owner waives any and all procedural and substantive objections to the Public Improvement and special assessments, including, but not limited to, .5/; hearing requirements and any claims that the assessment exceeds the benefit to the Subject Property. The Property Owner waives any appeal rights otherwise available pursuant to Mii:n Stat. ~29.08I. 3. Property Owner may prepay the entire special assessment without interest if paid in full by October 1,2007. 4. This Agreement shall be binding upon the Property Owner and the Property Owner's successors and assigns. This Agreement may be recorded against the title to the Subject Property. CITY OF CENTERVILLE PROPERTY OWNER: BY: Royal Oaks Realty, Ine. Mary Capra, Mayor BY: ~A2U;-R/~uL-..~ BY: ;!../U<-~ , - Teresa Bender, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instmment was acknowledged before me this day of 20---:0 by Mary Capra and by Teresa Bender, the Mayor and City Clerk of the City of Centerville, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public STATE OF MINNESOTA ) ~ )ss. COUNTY OF ~--> The foregoing instrument was acknowledged before me thisJkd day of 0 ~ (I embr 20~ by Il'iv'c el 6,: ben~tec:ner- ~n behalf of Royal Oaks Realty, Inc. r:rC ~~ N Public 2 -J/,L EXHIBIT A PID# 233122220006, 243122330007 & 243122330008 Lots 1,2'& 3, Block 1, Royal Industrial Park -3 "\8IIl\~~ t2/1a/2fIt1i UIlll4lllll 1M em ~ ~; I 0:1 cil 0] I~ i! stJ l5 ifl .II Su : Ii i eJ i :1 st if I I: .e .. it!:. "I stl If ~I ~i I; ;1 'Zst .., ~I ~~ 1'8 II . if !I: ( J~ 8 I st , I i 0 s: i 8 ..... f f;l :I i .. 2: ~ cil .f>> ii ~ g.D> "Ii"" 'Jif~ ...... "-sti ~Ii z~i! ~ O.:i It ~l~ ~ ii1/ii I ~... t i: ~~~ iil 7'7JA. st 1\I g ii! .. 'J'il4 fl ;~ .. a>il :I~ :ooJl i!1 III :r~1 fcil ;; ilil st~1 !f!l.g. ili i-B i8., .:oIl!/. I{i JII ~fl II st stf II N 8 i i Ji ! J 8"8 o III fiil i ii ~ fil ~ t~ ~ I." I ~I I ~'C st ~J .. "I fl IJ ~I Ii.. ill i= II ~i I~ ~i 21"- "if ~I r~ 1'8 jl icif i~ .~ 8 i st , I z r ~ D> i J il .. N fa .;: i lB ;: :01 .I ~iI . . a i*( ..... it o .. P i I :1 i f- !I. ~i I ~.. , >iI. la oil o'! !1 IJ il JI !I. 1 ;if II .8 88 il Ii f I st If f ~ ~' 1 " m :; I 'I ~ 11 I J i 110 j f I ; "8 ~ i f .. ji1. CIlY OF CENTERVllLE. MINNESOTA FAIRVIEW STREET unUlY IllPOVEMENTS FAIIMEJI SJREEI" ROADWAY. IlIUIIIlIGE I: U1IUIY EllSEIIENf SKEI'CH I: _ a ..... I r ~ "3A '" HJ.OZ ! 1. ,(tS ~~) '~'.;--=-riOn' -.. - ,,- ! --- II .. I lli~f I t 1!9~~ I 1 ,... ~ .... ' r~~; ~\ I '1.....'1 ~I ):. 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In ancient times philosophers and scientists erroneously believed that springs were formed when saltwater from the oceans moved In tunnels under the land, was purified, and raised to the land surface. Springs were often considered mysterious and are a subject of considerable folklore. A Roman architect named Vltruvlus proposed the theory accepted today. He speculated that springs were fed by rainfall and snowmelt that soaked Into the ground and reemerged at another location. Since then, numerous studies have confirmed Vitruvlus's theory. .In more recent times, springs have been used for public bathing facilities, public water supplies, private water supplies, and watering livestock. Springs In Minnesota have been used for domestic water for farm houses, milk houses, barns, and livestock tanks. What is a Spring? A spring occurs when groundwater appears at the land surface. Springs occur In various forms and are classified by the rock type In which the spring occurs, how the spring was formed, how much water flows from the spring, the temperature of the water, and If the water flow varies from season to season. Some springs may fall Into more than one classification. Classifications of Springs ARTESIAN SPRINGS occur when the groundwater, under pressure, finds Its way to the land surface (Fig. 1). Fig. 1 The spring flows because the pressure II' the aquifer (w~ter bearing soli or rock), which Is covered by a confining layer (day or other Impervious material), Is greater than atmospheric pressure at the land. A spring Is formed when the water reaches the surface through a fracture or porous layer. These types of springs usually occur along faults (a fracture In the earth), or In areas of great topographic relief such as cliffs or valleys. GRAVITY SPRINGS are formed by water soaking Into the ground until the water encounters a confining layer that will not let the water seep further down (Fig. 2). The water then flows across the top of the confining layer until It reaches thegroulidsurface. Examples of gravity springs are springs found In hillsides or cliffs. The http://www.health.state.mn.us/divs/ehlwells/waterquality/springs.html 217/2007 Commonly ASked Questions About Springs - Minnesota Dept. of Health Page 2of3 springs along the north shore of Lake Superior and along the Mississippi and St. Croix River Valleys are generally of this type. .. . .. . . . ......' ..........,.~ . ..:..c.-. ... Fig. 2 PERENNIAL SPRINGS drain a large land surface area and flow continuously throughout the year. INTERMITrENT SPRINGS flow only during certain times of the year when rainfall or snowmelt Is sufficient to recharge the soli and groundwater. TUBULAR SPRINGS are most commonly associated with limestone channels and cavern, and volcanic lava tubes. The water is contained in caves or solution cavities in the limestone, or hollow "tubes" formed by cooling lava. Cavities or tubes may range from microscopic In size to large openings measuring many tens of feet across. Large tubular springs In some parts of the United States flow over a million gallons per minute. The large springs of southeastern Minnesota are tubular springs. SEEPAGE SPRINGS are formed when groundwater slowly seeps out of the ground. Seepage springs usually occur In sand, gravel, or organic materials and generally are found In depressions or valley bottoms. Seepage springs are different from artesian springs because they are not necessarily confined (contained below a dense layer of clay or other material) and usually have low flows. THERMAL SPRINGS are springs that rele~se groundwater warmer In temperature than groundwater In the surrounding watershed area. Examples of thermal springs are warm springs, hot springs, mudpots, and geysers such as those at Yellowstone National Park. Thermal springs are most commonly found In areas with a recent history of volcanic activity. Springs and Artesian Wells Springs are often confused with flowing artesian wells. An artesian well Is a hole or boring that has been drilled Into a water-bearing formation or "aquifer" that Is under pressure. The water In an artesian well rises above the top of the aquifer (water-bearing formation) until the pressure Is equalized. In a flowing artesian well, the water rises above the ground surface and the water flows out of the well casing to equalize the pressure. Are Springs Sources of Safe Water? Usually not.. Water quality from springs may vary from year to year and even minute to minute. The Minnesota Department of Health (MDH) routinely sampled springs for coliform bacteria and nitrate-nitrogen In the 1960's and 1970's. Coliform bacteria Indicate the possible presence of disease-causing organisms. Elevated nltrate- nitrogen levels typically result from sewage, animal wastes, or nitrogen fertilizers. Water samples were collected statewide from springs at various times of the year. The results Indicated that 85 to 90 percent of the sampled sprln~s were contaminated with coliform bacteria or nitrate at one or more times. http://www.health.state.mn.us/divs/ehlwells/waterquality/springs.html 2f7/2007 Commonly Asked Questions About Springs - Minnesota Dept. of Health Page 3 of :3 Springs are susceptible to contamination from surrounding land uses. Springs usually are formed In close proximity to the area where water seeps into the ground. This area Is called a Itrechargen area. Since the recharge area Is close to the spring outlet, there is Inadequate filtering of the water and remQval of contaminants. Common sources of contamination are septic systems, barn yards, fertilizer and pesticides, chemical or petroleum leaks, and old dumps and landfills. Periodic testing of springs for bacteria and nitrate has been proven to be generally ineffective In assuring a sanitary water supply because of rapid fluctuations In water quality and because many other possible contaminants may be present In spring water. In most cases, springs have not been tested for pesticides, Industrial wastes, petroleum products, or toxic metals. These contaminants may be present in the spring water at one time or another depending upon where the water originates, and land-use practices around the spring. Because the quality of spring water Is often unacceptable, the MDH does not recommend using spring water as a drinking water supply. The MDH recommends using a safe, tested source of water such as a public water supply, a properly constructed private well, or bottled water. Can Springs Be Protected? Many springs are on private property, but when springs are located on municipal, state, or federal property the spring water may be accessible to the public for drinking. The protection of springs from contamination can be improved by restricting land-use practices around the spring recharge area, but there are no guarantees. Recharge areas for springs are usually on higher ground near the spring, but the recharge area may be located off of the property on which the spring Is located. New amendments to the Federal Safe Drinking Water Act have significantly changed the criteria by which surface water supplies, including springs, may be used as public water supplies. Starting In 1993, surface water systems, Including springs, must be filtered and disinfected before the water may be made available to the public. Disinfection of spring water Is difficult since the disinfectant Is often not In contact with the water long enough to be totally effective. The Federal Safe Drinking Water Act will also greatly Increase the testing required for spring water. The Increased costs In supplying spring water to the public may mean that most springs will not be used as a drinking water source, and access to the springs will be restricted. Where can I get more information or help? If you have any questions about your well or well water quality In greater Minnesota contact your local Minnesota Department of Health office, and ask to talk with a well specialist or contact the Central Office at wells@health.state.mn.us or by telephone at 651-201-4600 or 800-383-9808. TOO through the Minnesota Relay Service at 800-627-3529 and ask for 651""201-4600. Updated Thursday, 18-Jan-2oo7 16:25:24 CST " http://www.health.state.mn.usldivs/ehlwe11slwaterqualitj/springs.htmI 2f1/2007 . JANUARY 2007 CITY OF CENTERVILLE CITY COUNCIL REPORT 1. Financial Statement & Budget Report Prepared By: John W. Meyer Finance Director 2/1412007 11:27 AM budget GF 2oo7.x1s 2/1412007 11:27 AM budget GF 2OO7.x1s 2/1412007 11:50 AM budget report sewer 07.xIs Water Fund Monthly Financial Report Month Ended January 31, 2007 MTD YTD Budget Variance % of Budget 1/1/07 2007 2007 +(-) Used. Operating Revenue: Charges for Services 15,647.28 15,647.28 225,000.00 209,352.72 6.95% Total Operating Revenue 15,647.28 15,647.28 225,000.00 209,352.72 6.96% Operating Expenses: Salaries and Benefits 5,851.03 5,851.03 70,000.00 64,148.97 8.36% Professional Services 0.00 0.00 35,000.00 35,000.00 0.00% Supplies 2,655.35 2,655.35 55,000.00 52,344.65 4.83% Other Services and Charges 0.00 0.00 6,000.00 6,000.00 0.00% Utilities 250.77 250.77 3,000.00 2,749.23 8.36% Depreciation 0.00 0.00 30,500.00 30,500.00 0.00% Total Operating Expenses 8,757.15 8,757.15 199,500.00 190,742.86 4.39% OPERATING INCOME 6,890.13 6,890.13 25,500.00 18,609.87 27.02% Nonoperating Revenue (Expense) Interest on Investments 782.27 782.27 15,000.00 14,217.73 5.22% Special Assessments 327.78 327.78 30,000.00 29,672.22 1.09% Hook up Fees and Unit Charges 4,030.00 4,030.00 35,000.00 30,970.00 11.51% Other Equipment 0.00 0.00 0.00 0.00 0.00% Interest Expense 0.00 0.00 0.00 0.00 0.00% Refunds & ReImbursements Rev 4.59 4.59 0.00 (4.59) 0.00% Refunds & Reimbursements Exp 0.00 0.00 0.00 0.00 0.00% Total Nonoperating Revenue 5,144.64 5,144.64 80,000.00 74,855.36 6.43% (Expense) INCOME BEFORE OPERATING 12,034.77 12,034.77 105,500.00 93,465.23 11.41% TRANSFERS OPERATING TRANSFERS OUT 0.00 0.00 0.00 0.00 0.00% NET INCOME 12,034.77 12,034.77 106,500.00 93,465.23 11.41% CREDIT FOR DEPRECIATION ON 0.00 0.00 0.00 0.00 0.00% CONTRIBUTED ASSETS NET INCREASE IN RETAINED 12,034.77 12,034.77 105,500.00 93,465.23 11.41% EARNINGS PREPARED BY: JOHN MEYER FINANCE DIRECTOR 2/1412007 11:40AM budget report water 07.x1s