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Home My WebLink About2007-02-28 CC CITY COUNCIL WORK SESSION & MEETING COUNCIL MEETING lVednesday,February28,2007 6:30 p.m. & lVORK SESSION ~D~TELYFOLLO~G MEETING L CALL TO ORDER 1. RoD Call n. PUBUC BEARINGS m. APPROVAL OF AGENDA IV. APPROVAL OF COUNCD.. MINUTES 1. February 14,2007 City CoueD Meeting Minutes (page 1-13) V. CONSENT AGENDA 1. City of Centerville February 15, 2007 through February 28, 2007 Claims (page 14) 2. Centennial Fire Department Expenditures through February 20, 2007 (page 15) 3. Suceessful Performance Review, BuDding Inspector, Mr. Joel McPhenon VI. A WARDSIPRESENTATIONS/APPEARANCES VB. OLD BUSINESS 1. Ordinance #XX, Second Series - 2007 Fee Schedule (page 16-29) 2. Sedona Homes/Jackson Commerdal- Final Plat & Develo~n ~meDt (page 30-53) . , vm. NEW BUSINESS "~ ; i IX. ANNOUNCEMENTSIUPDATES 1. "'City Administrator, Mr. Dallas Larson 2. NMTC Update (Lasko) 2~ Centerville Sesquicentennipl L LaCompany b. Aerial Phot. Project X. ADJOURNMENT WP~ SESSION MEETING f ,: I ~ ~ ~~. J : I.:,'". L i . CALL TO ORDER n. DISCUSSION ITEMS 1. Dnft Downtown Redevelopment Developen Agreement 2. EDA Organization 3. Industrial District Development 4. Joint Meeting March 21, 2007 Agenda m ADJOURNMENT * *REMINDERS* * 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 Meeting - March 14, 2007 - 6:30 p.m Council Chambers Joint Work Session-CouncillP & RIP & Z - March 21,2007 - 6:30 p.m. Council Chambers CITY OF CENTERVILLE CITY COUNCIL MEETING February 14, 2007 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting on February 14,2007, at City Hall, 1880 Main Street. PRESENT: Mayor Mary Capra Council Member Tom Lee Council Member JetIPaar Council Member Michelle Lakso Council Member Linda Broussard ABSENT: None. STAFF: City Administrator Dallas Larson City Attorney Kurt Glaser City Engineer Mark Statz I. CALL TO ORDER Mayor Capra called the February 14,2007 City Council meeting to order at 6:30 p.m. II. PUBLIC BEARINGS None ffi. APPROVAL OF AGENDA Council added the following Items: . Item IV, # 3. February 7, 2007 City Council Work Session Meeting Minutes, Page 6a . Item V, #7, Sager's Bar and Grill Request for 2:00 A.M. Closing Renewal . Item V, #8, Parks and Recreation Recommendation to Deny Bald Eagle Water Ski Clubs Use of 1601 LaMotte Drive for Viewing/Staging Area for their Ski Shows . Item VI, # 2, Bonestroo; Rosene, Anderlik & Associates, Representative Mr. Dale Tranter. . . Item VII, #7, Fairview Street Improvements (Bonestroo Estimate) a. Rehbein Agreement b. Eibensteiner Agreement Motion bv COUDcll Member Pur. seconded bv Councll Member Lee. to auurove the Henda as amended. All in favor. Motion carried unanimously. / City of Centerville Council Meeting Minutes February 14,2007 IV. APPROVAL OF COUNCIL MINUTES 1. January 24. 2007 City Council Work Session Meeting Minutes Motion bv Council Member Lakso. seconded bv Council Member Lee. to approve the January 24. 2007 City Council Work Session Meetine: Minutes as presented. Motion carried. Council Member Broussard Abstained. 2. January 24. 2007 City Council Meeting Minutes Motion bv Council Member Pur. seconded bv Council Member Lee. to approve the January 24. 2007 City Council Meetine: Minutes as presented. Motion carried. Council Member Broussard Abstained. 3. February 7. 2007 City Council Work Session Meeting Minutes Mayor Capra requested the following changes: On Page Motion bv Council Member Lee. seconded bv Council Member Lakso. to approve the February 7. 2007 City Council Work Session Meetine: Minutes as amended. All infavor. Motion carried unanimouslv. v. CONSENT AGENDA 1. City ofCenterville January 25, 2007 through February 14,2007 Claims 2. Centennial Fire District Expenditures through February 2, 2007 3. Centennial Police Department Expenditures through February 8, 2007 4. Parks and Recreation Committee Recommendations: a. Chairperson/Vice Chairperson - Committee 2007 b. Centennial Lakes Little League Use of LaMotte Memorial Park Ball Fields c. Name New Park - "Hidden Spring Park" 5. Retaining Attorney Robert DeIke as Legal Counsel for Downtown Redevelopment. 6. Retaining Ehlers & Associates as Consultant, Representative Jerry- Shannon and Mark Ruff for Downtown Redevelopment. 7. Sager's Bar and Grill Request for 2:00 A.M. Closing Renewal. 8. Parks and Recreation Recommendation to Deny Bald Eagle Water Ski Clubs Use of 1601 LaMotte Drive for Viewing/Staging Area for their Ski Shows 9. Use of City Logo for City Parades. Mayor Capra pulled item 4C for discussion. Motion'bv Council Member Parr. seconded bv Council Member Lakso. to approve the Consent Ae:enda with the exception to Item 4C. All in favor. Motion carried unanimouslv. Page 2 of 13 ~ City of Centerville Council Meeting Minutes February 14, 2007 4. Parks and Recreation Committee Recommendations: c. Name New Park - "Hidden SDrinll Park" Mayor Capra stated she did not object to the naming of the park Hidden Spring Park but would like to table this until the water feature is verified. City Engineer Statz stated the spring (artesian well) may not be useable. He indicated it might dry up but he would have to investigate this. He stated it is a neat name but this. is not the time to not name the park. Council Member Lee asked how long it would take to verify. that the artesian well is providing water. City Engineer Statz stated it should be finalized by May. Motion bv CouneD Member Lee. seeonded by ConeD Member Pur. to table the Dpmin. of the new Dark. Item 4C. until sDrine. All in favor. Motion earried unanimouslv. VI. A W ARDSIPRESENTATIONS/APPEARANCES 1. Anoka County 911 Communications Manager. Mr. John Tondine Mr. Tondingaddressed the City Council stating he is the Communications Manager for Anoka County 911 and also assists with emergency management. He explained the project is an extensive plan to identify potential hazards that threaten Anoka County and projects to mitigate the impact of a disaster. Mr. Tonding explained the document includes historic and demographic information. He pointed out that what are most meaningful are projects the County and community could take on in preparation for any disaster. Mr. Tonding stated the planning phase was completed in May 2006, forwarded to Homeland Security, and then to FEMA. He mentioned the plan was returned by FEMA with no recommended changes. Mr. Tonding reported the final step is for Anoka County and each community to adopt the plan. Mayor Capra directed Mr. Tonding to work with City staff to update information that is not relative to Centerville today and to updates and changes specific to Centerville. She asked Mr. Tonding if the City is bound to all of the requirements. She reported Mr. Terry Stoltzman attended a meeting and felt everyone was not on same page. She asked if a capability assessment was done or should be completed. Fire Chief Milo Bennett replied this came as a Federal requirement. Mayor Capra asked how much the City is bound to do if it is approved. Page 3 of 13 J city of CenterviUe Council Meeting Minutes February 14,2007 Fire Chief Bennett replied that not approving it could affect future grants for Anoka County. He stated that in the past the County received grants for trainfug.and to develop a technical rescue team. Mr. Tonding stated this is a living document that could be updated over time. He stated- the requirement from FEMA is that it be updated not later than five years after adoption. He indicated that the City is not bound to do items identified in plan. He suggested the City decide what could theoretically be taken on. Mayor Capra stated projects often impact the tax payers as they are unfunded events. Council Member Lakso expressed it is a good plan and would not want to jeopardize funding. She indicated she found out a great deal about neighboring communities. Fire Chief Bennett stated he was asked to identify and establish priorities in the identified risk areas. He mentioned this was a best guess effort at the time and priorities change as the events of the world change. Mr. Tonding responded the City might be more apt to identify projects specific to the City. Mayor Capra asked Council Members to contact Fire Chief Bennett if there is something they want to add to the plan. Police Chief Makela stated he would be available for questions and encouraged residents to go to the Anoka County web site for emergency management information. He stated a list of emergency preparedness items is available on the website. Commissioner Lakso asked if the Anoka County shelter was the closest to Centerville or was there anything closer. Mr. Tonding replied the County identifies the locations for congregate care and the Red Cross takes care of the congregate care areas. Mayor Capra stated that based on the information received, the emergency preparedness document from the Department of Homeland Security dealing with a medical event is well written. She state this should be given to the local businesses as a point of reference. City Administrator Larson asked about the charts on pages 175 and 176. He indicated he believes there are many mistakes here and recommended the list be corrected. Council Member Broussard recommended the City Council write down changes they would like made to the document and submit them to Administrator Larson. 2. Bonestroo. Rosene. Anderlik & Associates. RtnJresentative Mr. Dale Tranter. Page 4 of 13 -1 City of Centerville Council Meeting Minutes Febniary 14, 2007 Mr. Dale Tranter thanked the City Council for his firm's reappointment for 2007. He stated that last year he promised to come back for a performance review. He reported that he had received consolidated performance evaluation. He mentioned he and City Engineer Statz have started to address the issues~ Mr. Tranter stated he believes they are on track with most items in the service plan. The firm will put together a procedure list for the City and will work with Mr. Larson to do this. He indicated that the firm takes the City's comments very seriously. Mayor Capra stated the City Council is moving forward and she is happy with the progress. She stated the City is in a better place than one year ago. vn. OLD BUSINESS 1. Resolution #07-002 - Adopting the Anoka County Multi-Jurisdictional Hazard Mitigation Plan. Motion by Council Member Lakso. seconded bv Council Member Paar to aDDrove Resolution #07-002. A Resolution AdODtin" the Anoka Countv Multi-Jurisdietional Hazard Mitit!ation Plan. All in favor. Motion carried unanimouslv. 2. Scheduling of Joint Goals & Obiectives 2007 Meeting with the Planning and Zoning and the Parks and Recreation Commissions. Mayor Capra asked that this item be moved to later on the agenda. 3. Policies a. Sidewalk/Trail Inspection City Administrator Larson stated this was presented with a policy on snow removal and is not an urgent policy to adopt. Mayor Capra asked about the sidewalk/trail repairs and if residents could make the repairs themselves. City Administrator Larson replied they could as long as the sidewalk or trail is brought up to City Code. City Engineer Statz stated the resident would need a permit. Council Member Broussard recommended the fee be waived. City Engineer Statz recommended the City require a certified check for a fee in case damage is done by the resident. Mayor Capra stated she would like language added to the plan indicating citizens could do the repair work. Page 5 of 13 s-- city of CenterviUe Council Meeting Minutes February 14, z007 Council Member Broussard stated this opened the City up to policing this from a bonding perspective. City Administrator Larson stated that if property owner received notice from the City, they would be asked a plan of action for the repair and require the sidewalk be repaired within a reasonable time. He indicated if the plan of action was appropriate the City would let them do the repairs. Council Member Lakso addressed Item 6 on the policy and asked if insPections are done periodically. City Administrator Larson stated there would be a plan once it is adopted. Council Member Lee stated it was tabled for a while and it has been read by members. . He indicated the City must have a policy. Council Member Broussard stated it would not hurt to adopt it and modify it as needed. City Attorney Glaser stated it is a policy and not an ordinance. Council Member Paar indicated there are many sidewalks the City would end up paying for, which would increase the taxes. He stated the City could not afford to fix them all without rising taxes. He questioned where to ~w the line for repairs. Council Member Broussard asked if there is a sidewalk maintenance project to systematically start repairing them. She stated she has a hard time charging residents for sidewalk repairs in front of their homes when everyone uses them. She stated it would be fairer to have all citizens pay for the repairs. Council Member Paar stated he is in favor of a sidewalk maintenance project to make a good faith effort to repair the sidewalks and trails. Council Member Lee indicated the City and homeowner are open to lawsuits for not repairing sidewalks if someone is injured. City Attorney Glaser replied that typically the homeowner would be sued and the City secondarily. The ordinance might need to be changed. Motion bv Counell Member Broussard. seeonded bv Counell Member Pur. to aDDrove the Sidewalkffrail InsDeetion PoUev as written. All in favor. Motion earried unanimouslv. . Council Member Broussard asked if staff is available to do the inspection. She mentioned she would like to have the inspections done by end of summer as the goal. Page 6 of 13 ~ City of Centerville Council Meeting Minutes February 14,2007 Administrator Larson stated the first Step is to do a city-wide inspection. He stated that once the City is aware of a safety hazard, it must fix it. b. Pothole Repair City Administrator Larson stated that to prevent liability to the City, potholes must be identified and repaired. Council Member Lakso recommended addition wording relative to the warning signs be added to the policy. Motion bv CouncH Member Lee.. seconded bv CouncH Member Lakso. to approve the Pothole PoliCY. AU in favor. Motion earried unanimously. c. Street Sweeping. Mayor Capra indicated the street sweeping is typically done by Lino Lakes. Administrator Larson replied that sweeping in Centerville would be subject to Lino Lakes' schedule. Motion bv CouncH Member Lakso. seconded bv CouncH Member Pur. to approve the Street Sweepu Policy.. AU in favor. Motion carried unanimously 4. Ordinance #XX. Second Series - 2007 Fee Schedule City Administrator Larson requested tabling consideration of this ordinance until specific items area corrected. . Mayor Capra asked if the administrative fees associated with meth lab clean up are enough. City Attorney Glaser stated the cost plus the fee is received by the city. Council Member Broussard pointed out statements in rental property documents state the owner is liable for cleanup. Council Member Lee asked if the garbage hauling fee covers the clerical fees. City Administrator Larson replied there is normally a list of several properties and the cost would be covered by the proposed fee. Councilmember Broussard brought up massage parlor fees. City Administrator Larson replied this is one of the items that need revision. He stated the license is for the premises and the individual requires a separate license. Councilmember Broussard stated the Park Dedication fees should be looked at. Page 7 of 13 1 city of Centerville Council Meeting Minutes February 14, 2007 Councilmember Broussard stated some areas could potentially have more people using the parks. She recommended a fee that speaks to the number of people from an occupancy rate, square footage rate, commercial rate, or industrial rate. Council Member Lee stated a per parking space made some sense. City Administrator Larson stated he would research what has been done in other areas. Motion bv Council Member Lakso. seconded by. Council Member Lee. to table the Fee Schedule Poliey. AU in favor. Motion earried unanimouslv. 5. Anoka County Integrated Waste Management Agreement for Residential Recvcling Program 2007. City Administrator Larson stated this item was on the docket towards end of 2006 and sent back to the County to allow more flexibility in fund usage to include purchase of recycled products. He reported the answer was negative. Council Member Lakso asked if he heard back from other communities. City Administrator Larson replied ~ne community was given approval to purchase equipment. Mayor Capra asked if the City could do its own recycling. City Administrator Larson pointed out the funds could be used for Community Clean-Up Day and the City Garage Sale. Councilmember Paar suggested any money left at the end of the year as a credit back to the residents. Motion by Council Member Broussard. seconded by Council Member Pur. to approve the aereememt. All in favor. Motion earried unanimouslv. 6. Resolution #07-005 - Dedicating City Owned Property for Project Purposes. a. Approval of Custodial Letter City Administrator Larson reported this resolution gives the County rights to use City property contributed to the project. He indicated language that it is a joint powers agreement was added. He reported he wanted to add language to the custodial letter "subject to the joint powers agreement." He explained where the property is located and how the dollars could be used. Motion by Council Member Lee. seconded by Council Member Pur. to approve. Resolution #07-005. a Resolution Dedieating City Owned Property for Proiect Purooses. All in favor. Motion earried unanimously. Page 8 of 13 tf City of Centerville Council Meeting Minutes February 14, 2007 Motion bv Council Member Lakso. seconded bv Council Member Lee. to approve the custodial letter with the addition of the Joint Powers Ianmu12e. AD in favor. Motion carried unanimously. 7. Fairview Street Improvements (Bonestroo Estimate) d. Rehbein Agreement e. Eibensteiner Agreement City Attorney Glaser suggested adding a letter of credit from Eibensteiner to the agreement subject to City approval. Councilmember Broussard asked about payment of fees. City Administrator Larson stated it is all part of the agreement language. Motion bv Council Member Lee. seconded bv Council Member Paar. to approve Resolution #07-007 Orderine: Fairview Street Improvements. AD in favor. Motion carried unanimously. Councilmember Broussard asked if there is wording that Bonestroo would pay for engineering costs even if the project. City Attorney Glaser stated they are waiving their rights from each of the parties and the City can go forward with the project. If the bids came in too high and the project was stopped, they still could be asked to pay for the feasibility study as a condition of stopping the project. Motion bv Council Member Pur. seconded bv Council Member Lee. to approve the Rehbein and Eibensteiner Ae:reements as presented with the condition of a letter of credit from Eibensteiner. AD in favor. Motion carried unanimously. vm. NEW BUSINESS 1. Resolution #07-006 - Requesting Comprehensive Road & Transit Funding: in 2007. City Administrator Larson reported the League of Minnesota Cities plans to encourage the Legislature to find a funding source for road and transit requirements. Discussion on the resolution ensued. Council Member Paar stated he did not support a resolution that resulted in people paying more for the services. . Council Member Lee agreed and stated it is clear what people want, however. the way the resolution is written, people would pay for more services Page 9 of 13 9 City of Centerville Council Meeting Minutes February 14,2007 Council Member Broussard stated she did not have a problem with how it is written. Council Member Lakso said she would vote for the resolution if it would all go for roads. She indicated she did not believe it would hurt Centerville to support this resolution. Motion by Council Member Lakso seeonded by Council Member Broussard. to aDDrove Resolution. #07-006. a Resolution Reauestinl! ComDrehensive Road and Transit Fundinl! in 2007. Vote: 3 Ayes. 2 nays (Pur and Lee). Motion earried. 2. Schedule Public Hearine: to Vacate Part of Westview Street City Administrator Larson stated there is a portion of Westview Street documented as vacated about 15 to 20 years ago. He explained the records indicate this was completed, however, Council took action but the action stated "subject to engineer approval." He stated this was not recorded with the County. City Administrator Larson proposed to do this right and vacate the area identified on the aerial map. He stated he would like to schedule a public hearing and adopt a resolution to correct this. Motion by Council Member Lakso seeonded by Council Member Pur. to Sehedule a Public Hearint! to Vaeate Part ofWestview Street. All in favor. Motion earried. 3. Engineering/Surveying Scope & Proposal for Utility Relocation - Downtown Redevelopment City Administrator Larson stated power line on the north edge of Main Street must be relocated to another location. It was proposed to be moved north to Westview but the School District did not favor that. Xcel energy proposed an alternative southerly location. He stated it is critical to move this power line so the downtown project could move forward. He explained the process includes marking rights-of-way and easements. He stated the engineer has provided an estimated cost to assist with the necessary work. Motion by Council Member Lee. seeonded by Council Member Pur. to assist with utility reloeation. not to exceed $10.000. All in favor. Motion earried unanimouslY. Mayor Capra asked when the joint meeting would be scheduled. City Administrator Larson recommended the beginning of March. March 21,2007,6:30 p.m. was agreed upon by City Council. IX.. ANNOUNCEMENTSIUPDATES 1. City Administrator Larson City Administrator Larson stated the City has a" grant application before the Anoka County HRA for the downtown project. He stated the preliminary HRA recommendation is for approval of $200,000. Page to of 13 . /a City of Centerville Council Meeting Minutes February 14,2007 City Administrator Larson stated the Beard Group received preliminary approval for an application for housing funds. City Administrator Larson reported the Sedona Project Developer agreement would be given to the developer and hopefully ready for City Council next week. . Council Member Broussard stated that the parking requirements are lower than City requirements. City Engineer Statz replied the trend for parking requirements is moving downward. Council Member Broussard responded this would eliminate the need for a variance. City Administrator Larson replied the language states they must meet the parking needs of the project. He stated the first phase had a reduction in parking; however, the new three-story project meets the City's parking requirements. City Attorney Glaser replied Phases 1 through 3 were previously approved with a reduced parking requirement, however, Phases 2 and 3 will not be constructed as originally planned. He stated a variance would not be issued for parking. City Administrator Larson stated that parking requirements could be reviewed with the Comprehensive Plan update. 2. Centerville Sesquicentennial a. LaCompanv b. Aerial Photo Proiect Mayor Capra stated she is having difficulty with the company. She reported she had a proposal for aerial photos and would bring this to Council with an update at the next meeting. Mayor Capra stated she would like an aerial photo of the ice fishing event. She stated the cost would be about $400 for the aerial event, but would attempt to find someone else. Mayor Capra indicated she would also like an aerial photo of the parade this year. She asked Council how many events it would like to schedule. Council Member Paar stated he would like something in the summer as this is a 150 year celebration. Council Member Lee agreed. 3. Downtown Redevelooment Page 11 of 13 II City of Centerville Council Meeting Minutes February 14,2007 City Administrator Larson reported Staff is in the process of updating the developer agreement Council Member Broussard reported on. the Hanzal application from the Planning and Zoning Commission meeting. She "stated there was lots of discussion and input from the neighbors and emotions were high. She said Mr. Hanzal and the engineer are attempting to minimi7.e the variance request. She reported it would be addressed at the next Planning and Zoning Commission meeting. Council Member Broussard reported the Planning and Zoning Commission wanted to know what City Council wants from it when decisions are made regarding due diligence and how they make decisions. She stated this topic could be addressed at the joint session. Mayor Capra asked Council Member Broussard to tell the Planning and Zoning Commissio~ that they are happy with what they are doing as this is a difficult decision and process for everyone. Council Member Lakso reported she attended the Local Government Officials meeting for Anoka County. She stated she heard an interesting topic on reintegrating military personnel back into civilian life. She recommended a letter from the City Council be sent to returning military members. She stated the City needs the help of the public to know who these people are. Council Member Lakso reported that Minnesota is a model for reintegrating the returning soldiers. Council Member Broussard stated she would like to include all personnel that served in different capacities, not only those serving in Iraq. Council Member Lee stated he fully supported this. He stressed that anything the City could do as a community is a step ~ the right direction. Council Member Lee reported he attended the Park and Recreation Commission meeting. He encouraged everyone to attend skate night and the first 40 guests would get a pass for the second skate night. He reminded everyone of the ice fishing event. Council Member Paar updated the Council on the Super Rink. He reported that whether Centerville should help pay for the rink was discussed. He thanked the high school hockey players in community because it is great for the kids to have something to shoot for. Council Member Paar recommended all residents attend the open skating. Mayor Capra stated she and City Administrator Larson toured of the facility and was impressed. XI. ADJOURNMENT Page 12 of 13 /2 City. of Centerville Council Meeting Minutes Febl'lllllY 14, 2007 Motion by Council Member Pur. seconded bv CouncR Member Broussard to adiourn the February 14.2007 City Council Meetine: at 8:29 D.m. All in favor. Motion earried unanimouslY. Transcribed by: Dianna Wise, Recording Secretary TimeSaver Off Site Secretarial, Inc. Page 13 of 13 /3 ~~ CITY OF CENTERVILLE .Check Summary Register@ Name 10100 MAIN STREET BANK Paid Chk# 022132 U.S. POSTAL SERVICE Paid Chk# 022133 AFlAC PaId Chk# 022134 ASSURANT EMPLOYEE PaId ChIct# 022135 AUTOMOTIVE DRIVE UNE PaId Chk# 022136 AVUC PaId Chk# 022137 BANYON DATA SYSTEMS INC Paid Ctti 022138 BURSCHVILLE CONSTRUCTION PaId Chk# 022139 CINGULAR WIRELESS PaId Chk# 022140 GASSEN COMPANIES PaId Ctti 022141 INTe.RSTATE PQWI;R SVSlaII. PaId Chkt 022142 MCPHERSON, JOEL PaId Chkt 022143 MET. COUNCIL ENV. SERV. PaId Chkt 022144 UN DEPARTMENT OF HEALTH PaId Chk# 022145 MN DEPT OF LABOR & PaId ChIctI 022146 NATIONWIDE RETIREMENT Paid Chk# 022147 PERA Paid Chk# 022148 PUBUC EMPLOYEES INS Paid Chk# 022149 STEPHAN, KIM Paid Chk# 022150 TIME SAVER Paid Chk# 022151 US BANK CORPORATE TRUST Paid Chk# 022152 US BANK. Paid Chk# 022153 XCEL ENERGY 02/231079:12 AM Page 1 Check Date FEBRUARY 2007 Check Amt 2/1512007 2/2812007 2/28/2007 2I28l2OO7 2/28/2007 2/2812007 2/2812007 2I28l2OO7 2/2812007 ~7 2/28/2007 2I28l2OO7 2I28l2OO7 2I28l2OO7 2I28l2OO1 2I28l2OO7 2/2812007 2/2812007 2/2812007 2I28l2OO7 2/2812007 2/28/2007 Total Check8 $1,000.00 POSTAGE FOR METER $129.22 AFLAC PYMT - DEC 2007 - DUE 1- $121.50 VOWNTARY SHORT TERM DISABILIT $61.28 TIRE REPAIR $606.00 DEF COMP WIH 02-22-07 $1,560.02 WlNFUND & WlNPAY SUPPORT $6,130.32 WATER MAIN REPAIR ALONG 20TH A $129.46 CELL PHONE . D LAASON SERV THR $4,759.28 OVER PAYMENT ON IRRIGATION -1 $2.76.00 SEMl-AN.NUAl.. GENeAATOR INSPEC11. $50.44 MILEAGE REIMBURSEMENT FOR SEMI $12,344.38 MARCH 2001 WASTEWATER SERVICE $1,465.00 WATER TEST FEE 1STQTR2007 $35.00 P. PALZER - SEMINAR 5-23-07 $460.92 DEF COMP WIH 02.22-07 $2,399.57 PAYROU WIH 2-22-07 $18,060.38 MARCH 2007 INSURANCE PYMT $179.40 FLEXIBLE SPENDING RElMBURSEMEN $384.75 P & Z MEETING 2~7 $788,825.00 tI801072900 - GEN OBLG TEMP IMP $33.36 AMERAPRODUCTS - CHROME PlATED $3,812.52 1880 MAIN ST - SERV THRU 2-5-0 $840,812.80 Note: There wiD be an updated list of disbursements for approval on 2-28-07. /1 CENTENNIAL FIRE DISTRICT Check Register POLICE GL Page: 1 GL Posting Period(s): 02107 - 02107 Feb 20, 2007 12:48pm Check Issue Date(s): 0210312007 - 0212012007 Per Date Check No Vendor No Payee Invoice Description Inv Amount 02107 02/20/07 2531 20140 MILO BENNETT FURNACE 64.33 FILTERSIBROOMS 02107 02120107 2532 20400 DAVID BRUDER INTERVIEW SUPPLY 16.89 02107 02120/07 2533 30485 -CENTER MART JAN FUEL 152.98 02107 02/20107 2534 30490 CENTERPOINT ENERGY STATION 2 GAS 1,431.26 02107 02120/07 2535 31020 COMFORT PLUS HEAT & COOL , INC STATION 3 HEATER MTC 464.90 02107 02120/07 2536 31137 CON NEXUS ENERGY STATION 1 ELECTRIC 378.06 02107 02120/07 2537 31510 CURTIS 1000, INC ACCTSPAYABLE 382.25 CHECKS 02107 02120/07 2538 50120 EMERGENCY APPARATUS MAl NT, I~ ENGINE 11 MTC 70.26 02107 02120/07 2539 60650 FRATTAU-ONE'S HARDWARE STORI MISC SUPPLIES 31.34 02107 02120/07 2540 70675 GUEST SERVICES R810 VIP LEADERSHIP & 124.30 ADMIN-MEALS 02107 02120/07 2541 120450 CITY OF L1NO lAKES JAN SALARY 15,019.76 02107 02120/07 2542 120490 LOFFLER COMPANIES, INC COPIER MTC 58.51 02107 02120/07 2543 130400 MEDTRONIC EMERGENCY RESP SY L1FEPAK DEFIBRILLATOR 46.17 SOFTWARE 02107 02120/07 2544 130710 MN CHAPTER IMI FIRE INVESTIGATORS 120.00 TRAINING 02107 02120/07 2545 130850 MN STATE FIRE CHIEFS ASSN MEMBERSHIP DUES 340.00 02107 02120/07 2546 140050 NFPA NATL FIRE CODES 675.00 SUBSCRIPTION 02107 02120/07 2547 170180 QWEST PHONE EXPENSE 214.28 02107 02120/07 2548 200125 10,000 lAKES CHAPTER CONFERENCE 175.00 02107 02120/07 2549 240100 XCELENERGY STATION 2 ELECTRIC 152.46 Totals: 19,917.75 M = Manual Check, V = Void Check If DRAFf 2/23/2007 CITY OF CENTER \TaLE ORDINANCE NUMBER -' Second Series An ordinance adopting a fee schedule. THE CITY OF CENTER \TaLE ORDAINS: Section 1. The following rates for, permits, licenses and other charges are approved: Reference FEE Chanter SO Garbage HaulerlDelinquent Utility Account Certification..........$50.00 (~50.03) Chanter 51 Utility fees, charges and costs See Exhibit A Water Test Fee MN Dept ofHealth...............................................$6.36 (7/1/06) Chanter 90 Animal License -2 year period (Dog, Cat, Ferret) (~90.02) Male or Female ................................................................$20.00 Administratively Neutered or Spayed...........................................................$1 0.00 Pro-Rated Kennel License.. ...... ........ .... .... ..... ... .... ..... ............ ....... .....$30.00 Dangerous Dog Registration............................................$20.00/Y ear Animal At-Large Release Fee (~90.06) 1 st Violation..... ........ .......... .............. .............. ............ ...... .$25.00 2nd Violation .................... ................ ............ .......... ........ .$50.00 3rd Violation... ........ ....................................... ......... ........ .$75.00 Chanter 91 Burning Permit...... .................................. .................. .......... ........ .$3 O. 00 (~91.25) Administration Fees Associated with Meth. Lab Clean-up ................. ................................................ ................. ...$5 ,000. 00 (~91.45) Plus Costs Incurred for Clean-up (~91.53) Chanter 93 Right-of-Way Usage Fees: (~93.20) Right of way Excavating Permit or Street Breaking Permit........$75.00 (~93.20 Obst.ru.ction Fee. ........ .... .... ...... ..... ..... .......... ........ ..... ... .... ..... ... ...$150.00 Penalty/Fine work in ROW without securing permit...... .$100.00 Restoration Cost..............................................Equal to City Cost Deposit for restoration collected with permit per estimate ofP.W. Director Chanter 110 Adult Establishment License ..................................................$2,500.00 (~11 0.08) Page 1 of 14 /~ DRAFT 2/23/2007 Chaoter 111 Liquor Licenses: . .3.2 Beer Permit - Special Events.....................................$35.00 plus $5.00 for each (~111.08) . add'l day Off-Sale Liquor..... .............. ................ .... ...... ....... ..........$1 00.00 Off-Sale Non-Intoxication Liquor ...................................$20.00 On-Sale Liquor: Based on square footage .................................................$.60 per sq ft of interior . .......................~...................................................................$.30 per sq ft for exterior Minimum..... ......... ....... .... .... .... ....... ..... ....... ....... .... ..$2,500.00 Maximum ................. ...... ................ ............. .... ..... ..$4,000.00 On-Sale 3 .2 Liquor.... ....... ............. .... ........................ .....$250.00 Sunday Liquor License ..................................................$200.00 Wine License .. .... ................ ........... .................... ....... .....$300.00 Chaoter 112 ~awn Broker License........... .... ............ ... ... ............ $2,000.00 (~112.03) Chaoter 113 Transient Sales: Application Fee .......................................................................$80.00 (~113.03) Per Day License Fee ..........................................................$1 0.00 (~113.03) Per Month License Fee (maximum term one month) ........$60.00 (~113.03) Chaoter 114 , Tattoo, Body Piercing, Permanent Cosmetic Make-Up, Body Branding and Body Painting Establishment License............................$270.00 (~114.07) Chaoter 115 Sauna(s), Dayspa or Massage Business License........................$270.00 (~115.17) Massage Therapist Certification .............................................$85.00 (~115.32) Renewal/Annual Certificate ..............................................$55.00 (~115.32) Chaoter 116 Cigarette License-sale of tobacco products .................................$85.00 (~116.04) Tobacco Violation (1 st Violation) ..............................................$250.00 (~116.99) (2nd Violation) ..... .................... ........ ... .... ........ ........ ......... ........... .$500.00 (3 rd Violation)...... .......... ...... ........ ...... ... ......... .... ............. ..... ...... .$750.00 Chaoter 117 Sale of Fireworks License .........................................................$1 00.00 (~117.06) ChaDter 118 Rental License-"(2 year period)............................................... $100.00 for 1 st unit/$25.oo per (~118.03) unit thereafter within the same structure Page 2 of14 /1 DRAFT 2/23/2007 Bill Tenant for Utility (When separately metered to tenant-)......$10.00 per unit setup fee Rental Reinspection Fee (3rd Visit)..............................................$40.00 per unit Chaoter 119 Commercial Rubbish Collection License Fee............................$285.00 (~119.01, A 5) Chaoter 120 License for water and/or sewer service line installer..............$100/yr. Chaoter 121 Dance: Single Event ............................................................................$20.00 + Police Fees (~121.02) yearly-Continuous..... ....... ...... .............................. ............... .$200.00 + Police Fees Chaoter 130 Bingo Permit ................................................................................$20.00 (~130.19) Chaoter 158 Building Permits ...................................................... See Exhibit "B" Plumbing Permits..................................................... See Exhibit "C" Electrical Permit Fees ..............................................See Exhibit "D" Site Maintenance Fee/Escrow (Include with landscape, sod, driveway per Ch. 157) (~150.045) Demolition Permit & Escrow: Residential (not required for accessory bldgs <120 sq. ft.) ..$200.00 (~150.01) Escrow................................... ............... ...................... ...$2,000.00 or Letter of Credit CommerciaI/Industrial ............... ..... ... .... ... .... ... ...... ......... ......$300.00 Escrow........... ............................................................ ........ ...20% of Demo. Cost Permit Surcharge..................................................... Per State of MN" Building Move................................ .......................................... .$200.00 Building Move Deposit (for street repairs and site restoration) .............$3000.00 Chaoter 152 Sign Permit Fee: Wall-mounted sign.................................................................$75.00 Free-standing sign (In addition to building permit)...............$75.00 Chaoter 153 Park Dedication Fees Land Dedication................................................................. 1 0% of (~153 .15) At option of City-l 0% of Fair Market Value of all property located in the proposed development or $3,000/unit (whichever is greater) Commercia1/Industrial .....................:.... .............. .;.. ....$2, 175 .OO/acre Lot Split/Lot Combination...................................................$200.00 plus legal fees + park fees, if split Page 3 of 14 /i DRAFT 2/23/2007 Preliminary Plat Fee -Application........................................ $500.00 + deposit of $1 OO.OO/Lot or Unit (City review will cease if costs exceed fees and deposit is not replenished) Ch.oter 154 Bridges in easement Encroachment Agreement.....................................................$1 00.00 (~154.132) Annual Insurance Monitoring & Inspection ...........................$25.00 Fence Permit ......... ............ .............. .... .............. .... ...... ............ .....$50.00 In Easement. - Requires Council Action and Encroach. Agr.$100.00 PUD Application (~154251).................................................... $500.00 +deposit of $ 100.00/Lot or Unit (City Review will cease if ~sts exceed deposit and deposit is not replenished) Variance Application (~154.310) .................!...............................$250.00 +deposit of $300.00 (City review will cease if costs exceed deposit and deposit is not replenished) Conditional or Interim Use Permit Application (~154.320).........$250.00 +deposit of $300.00 (City review will cease if costs exceed deposit and deposit is not replenished) Rezoning Requests..........................................................$250.00 plus processing expenses (~154.41 0) (City review will cease if costs exceed estimated costs and estimated costs are not replenished) Comprehensive Plan Amendment-Applicant will pay all costs associated with amendment-deposit for estimated costs required. Ch.oter 155-same as Chanter 154 Drocedure fees Ch.oter 157 Fill Permit & Grading Permits................................ See Exhibit "E" Erosion Control/landscape/sod/site maint.ldriveway Escrow.$5,000/acr~ (~157.15, B)(150.045) & (154.410) (May substitute letter of credit) OTHER FEES: Assessment Search................................................................ ...... .$45 .00 Base Map Updating Fee (New Plat) ............................................$35.00/Lot (Developer's Agree.) Council Chamber Rental Must be non-profit organ17ation - No Charge Security Deposit (City Policy-08/05)....................................$150.00 Filing Fees (Election).. ........ .......... ........ ...... ...... .... .......... ...... .... .....$2.00 Maps and Charts (24" x 36") .......................................................$15.00 Non-Sufficient Funds/Returned Check........................................ $30.00 Notary Fees ............................................................................... $1.00/item Page 4 of14 /9 DRAFT 2/23/2007 Park Use Field Prep., Trash pickup, lighting, concession facility will be determined by P.W. Dir. (Min. Deposit $100.00) Photo Copies ....................................................................................$.25 per page (one sided) Research Charge ..... ............................... ......... ............ ...... ........ ...$40.00 half hour minimum ... ...... ...... ...... ............ .................. ............ .......... .................... .........$60.00 for each hour thereafter Street Vacation Request.............................................................$500.00 (review and hearing costs) Section 2. The attached summary ordinance: Exhibit "F" "Summary of Ordinance for Publication" is hereby adopted. Section 3. These fees shall become effective on publication of the attached snmmary of ordinance. Adopted by the city council this day of February, 2007. Mary Capra, Mayor ATTEST: Teresa Bender, City Clerk Page 5 of!4 4J DRAFT 2/23/2007 EXHIBIT A UTILITY FRS, CHARGES AND OTHER COSTS Sewer Trunk System(per REU) fee .............................................................$2,200.00 (~51.07) Sewer Availability Charge (SAC)/per MCCES schedule............................$I,SSO.OO $1,750.00 (~51.07) Water Trunk System (REU) Fee..................................................................$1,700.00 $1, 750.00 (~51.07) Storm Water Area Charge (Developer's Agreement) .05739 per square foot (~51.11) Residential-drainage area permit with building permit...................................$350/Unit CommerciallIndustrial ............................................ .............................................. $.07 per square foot of building, parking and other impervious surfaces Storm Water Management Fee (auarterly): (~51.11) Residential Equivalent (SAC unit) ................................................................$5.00 Water/Sewer Permit Fees (651.07) Service/Connection (Includes 2 inspection trips to site......................$75.oo Tapping Main ......... ....... ...... ............................................ .................. .$50.00 Disconnection Requests ............ ..... ................... ................ ................ .$20.00 Inspections (All)/each... ............. ..... ............ ........... ........ .... ........ ......... $40.00 Reconnect after violation shut -off................................. .......... ........... $40.00 Service C~es - Meter Testing Up to 2" Meters............................. .................. ................. .................. $25.00 Greater than 2" up to 6" Meters .........................................................$40.00 Water Meter Purchase or Deposit (651.05. H) 5/8" Meter ..... ................ ..... ............................ ...... ............ ........ ........ $31 S .09 $325.00 Special and other sizes .............................................. Cost plus Handling (These Rates are Subject to Tax) Unit Connection Charge - Non-Assessed Properties or Newly Divided Parcels Includes 7164, 7173, 7178, 7184, 7192, 7212, 7216, 7219, 7221, 7223, 7232, 7235, 7241 Mill Road & 7046, 7081, 7087 & 7095 Brian Drive and others per Resolution #05-032 or subsequent action on connection fees. Water USlll!e Rates (651.02) Water System Management FeelPer Quarter .....................................$20.00 + $1.90/1,000 gallons PenaIty/Late Payment................. ........... ...............................................10% of balance Sanitary Sewer User FeelREU-SAC unit .........................................................$53/qtr Senior Citizen Discount ............. ................. ............................... .... ............... ...... $3/qtr Use of Meter & Hvdrant ...... ............... ............ ...... :....... ...... ...................... ............................. ..$750.00 Deposit ......... .......... ....................... .......... ......... ........ .......... .................. ........... $20.00 Connection Fee $4.00/1,000 Gallons Page 6 of 14 // DRAFf EXHIBIT B 2/23/2007 BUILDING PERMIT FEES TOTAL VALUATION FEE Accessory Structures Under 120 sq ft. (Zoning Use Permit) .............................................~..... $50.00 Easement Encroachment Agreement.......................... $75.00 (Requires Council Action - Not Allowed if exceeds 120 sq ft.) Basement (Finishing) (plumb. & Mech. Included if Rough-In Complete) ..... .......... ................... ............................. ........ ........... $129.50 Pools greater than 5,000 gallon or side walls greater than 24 inches.: HeateEI Inground ......... .............. ..... .......... ............ $329.50 UBkeated Above Ground ..................................... $129.50 (Both plumbing and mechanical included) RoofIRe-Roof- 1 or 2 family only............................ $129.50 Siding (Lap, Wood, Metal, Vinyl & Composite) 1 or 2 family only..................................................... $129.50 (Excludes Stucco, Brick & Other Masonry Products) $1.00 TO $500.00....................................................... $31.00 $501.00 TO $2,000.00................................................ $31.00 $2,001.00 to $25,000.00............................................. $91.00 25,001.00 to $50,000.00........................................... $513.75 $50,00 1.00 to $100,000.00 ....................................... $84520 $100,001.00 to $500,000.00 .................................. $1,304.57 $500,001.00 to $1,000,000.00............................... $4,244.57 $1,000,00 1.00 and up ............................................ $7,361.49 Page 70f14 For the first $500.00 plus $4.01 for each additional $100.00 or fraction thereof, to and including $2,000.00 For the first $2,000.00 plus $18.38 for each additional $1,000.00, or fraction thereof, to and including $25,000.00 For the first $25,000.00 plus $13.26 for each additional $1,000.00 or fraction thereof, to and including $50,000.00 For the first $50,000.00 plus $9.19 for each additional $1,000.00, or fraction thereof, to and including $100,000.00 For the first $100,000.00 plus $7.35 for each additional $1,000.00, or fraction thereof, and including $500,000.00 For the first $500.00 plus $624 for each additional $1,000.00, or fraction thereof, to and including $1,000,000.00 For the first $1,000,000.00 plus $4.79 for each additional $1,000.00, or fraction thereof a. DRAFT 2/23/2007 Other Inspections and fees: 1. Inspections outside of normal business hours .... (minimum charge - two (2) hours).................................................... $90 per hour 2. Reinspection fees assessed under provisions of Section 305.8................... ........ .................. .......... .............. ............ $70 per hour 3. Inspections for which no fee is specifica11y indicated ........ ............ ........... .................... .:..... ........~... ...................... $70 per hour Plan Review = 65% ofpermit CommerciaVIndus1rial $500,00 deposit required when plan submitted for review. Page 8 of 14 ,Z3 DRAFT 2/2312007 EXHIBIT C PLUMBING, MECHANICAL AND FIRE SUPRESSION PERMITS 1. Plumbing Permits A. The charge shall be five dollars ($5.00) for each plumbing fixture, device or connection to the sewer or plumbing system, with a minimum charge of twenty dollars (~ $29.50) B. For any alteration, repair or extension to an existing plumbing system, where the work is of such a natw'e that the permit fee charge cannot be determined from the above schedule, the permit fee shall be thirty dollars ($30.00) first five-hundred dollars. ($500.00) or :fraction thereot: plus fifteen dollars ($15.00) for each additional five-hundred dollars ($500.00) or :fraction thereof of the total market value of such alteration, repair or extension. The charge for commercial, industrial or institutional building shall be: Two percent (2%) of the total cost oflabor and materials of the heating, ventilation and air conditioning work to be completed. Work commenced without first obtaining a permit shall be charged an investigative fee equal to permit fees. 2. Mechanical Permits The charge for a residential dwelling shall be twenty dollars (~ $29.50) for each of the following units but not to exceed S199.99 $129.50: . Main Gas Line Piping . Gas Furnace . Air conditioner . Boiler . Air Exchanger . Gas Fireplace/Gas Log (Install in regular fireplace) . Gas Boiler . Gas Dryer . Gas Stove/Range . Wood Fireplace . Duct Work . Miscellaneous Mechanical Fixtures . Gas Pool Heater . Gas Wall Heater/Garage Heater The charge for commercial, industrial or institutional building shall be: Two percent (2%) of the total cost of labor and materials of the heating, Ventilation and air conditioning work to be completed. Work commenced without first obtaining a permit shall be charged an investigative fee equal to permit fees, in addition to normal permit fees. . Sprinkler /Fire Suppression system permits: Single Family. Flat fee ofS400.00 Other sprinkler/fire suppression permits. Contract cost of sprinkler/fire suppression system times 3.25% Qncludes plan review by Building Official and Fire Department). Subject to State ofMN surcharge fees. Page 9 of 14 2-'/ DRAFT 2/23/2007 EXHIBIT D ELECTRICAL FEES Individual/separate inspection (installation, replacement, alteration or repair) ......~ $35.00 Services, generators, feeders to separate structures and other power supply resources: 1. 0 ampere to and including 200 ampere capacity .............................................................$35.00 2. Each additional 100 amps or fraction thereof .....................................................an add'l-$&OO $10.00 3. For services and circuits operating at over 250 volts .................... (Scheduled fee doubles) Circuits, feeders, feeder taps, or sets of transformer secondary conductors: 1. 0 ampere to and including 30 ampere capacity .................................................................$8.00 2. 31 amps to 100 amps.......................................................................................................$10.00 ea. 3. Each additional I 00 amps .,_lll.............................................................an add'l $5.00 .~~70~~~~::::~~d;:n~~~)....................................$150.00 Multifamily dwellings, the first 29 YBits ~I..................................................................................~ $80.00 R.emaiRiBgURi1s.............................................................................................................................$S9.00.~URit Electrical supply for each manufactured home park lot ..............................................................................~ $40.00 Recreational vehicle site, electrical s~ply equipment ................................................................................$10.00 ea. Street, parking lot or outdoor area lighting standards ....................................................................................$5.00 Transformers for light, heat and power: ............ ..................................... ............................... ...................... ..$8.99/UBit Eaeh K\T ."a ........ ................................................. ........................ ...................................................... ..$.19 ea. ~ fee fer aay tfaBsf9flBeF .......................;.................. .................. .................................. ..$89 .99 1. Up to and including 10 kilo-volt amps .....................................................................................$20.00 ea. 2. Over 10 kilo-volt amps. ................ ......... ............................. ...... ................ ..:............ .............. ...$40.00 ea. Transformers and electronic power supplies. for electric signs and outline lighting..........................$+:99-l-. 599 "."a $7.50 .. ...... .... ....................... ......... .................................................................................. $. 79 ell. .,\dd'l. 199 \T fa Alarm, communication, remote control and signaling circuits or systems and circuits of less than 50 volts ..............................................................................................................$ 19.99 fer 19 epeBiRgs $1.00 ea. .......... ............................................................... ....... .................. .................... $S .99 ell. .""dd'l 19 epeBiRgs Minimum fee......................................................................... ....... .................................................~ $35.00 Swimming pool bonding inspection (each separate inspection) ..................................................................$25.00 (Bonding conductors and connections require an inspection before being concealed) Retrofit modifications to existing lighting :fixtures.................................... ............................. ....................... ..$.40/fixture Electrical work commenced without filing the required permit ..................................................................$75.00 or double the calculated fee, whichever is greater Re-Inspection fee (when inspection is necessary to determine whether the unsafe conditions have been corrected a fee may be assessed in writing by the inspector) of ..........................................................................................~ $35.00 When inspections scheduled by the installer are pre-empted, obstructed, prevented or otherwise not able to be completed as scheduled due to circumstances beyond the control of the inspector, a supplemental inspection fee may be assessed in writing by the inspector of.......................................... ........... ..................................................... .................~ $35.00 Page 10 of14 ff -.. ----:l DRAFI' 'lJ2312007 Transient Projects . Power supply fees as identifiec:t above, plus ~ 1 hoUl'& .:..~.....;.................................~ $80.00lhour ~DitD(cont) Each attraction or conc:ession. inspection ............................. .....................................................:...;...............moo $3S.00 For purposes ofhtteJ:Plgbdion of this section and Minnesota Rules, Chapter 3800, the most recently adopted edition of the National Electrical Code shall be prima facie evidence of the definitions, htteJ:pletations,andscopeofwords and terms used. . Subject to State ofMN surcharge fees. I ---1 . I , . , , _ _, P~elJof!4 ~ . '/ -/ -. .._.-._~ ~ ' I", DRAFT 2/23/2007 EXHIBIT E LANDFILL, GRADING AND EXCAVATING PERMIT FEES GRADING FEES General. Fees shall be assessed in accordance with the provisions of this section or shall be as set forth in the fee schedule adopted by the jurisdiction. Plan Review Fees. When a plan or other data are required to be submitted, a plan review fee shall be paid at the time of submitting plans and specifications for review. Said plan review fee shall be set forth in Table A33-A. Separate plan review fees shall apply to retaining walls or major drainage structures as required elsewhere in this code. For excavation and :lill on the same s~ the fee shall be based on the volume of excavation or fill, whichever is greater. Grading Permit Fees. A fee for each grading permit shall be paid to the City as set forth in Table A33-B. Separate permits and fees shall apply to retaining walls or major drainage structures as required elsewhere in this code. There shall be no separate charge for standard terrace drains and similar facilities. TABLE A33-A GRADING PLAN REVIEW FEES 50 cubic yards (38.2 m3) or less ........................................................................................... No Fee 51 to 100 cubic yards (40 m3 to 76.5 m3) ............................................................................ $37.01 101 to 1,000 cubic yards (77.2 m3 to 764.6 m3) .................................................................$58.28 1,001 to 10,000 cubic yards (765.3 m3 to 7645.5 m3) .........................................................$77.57 10,001 to 100,000 cubic yards (7646.3 to 7645.5 m3) - $77.57 for the first 10,000 cubic yards (7645.5 m3), plus $38.59 for each additional 10,000 cubic yards (7645.5 m3) or fraction thereof. 100,001 to 200,000 cubic yards (7645.6 m3 to 15,291.1 m3) - $424.86 for the first 100,000 cubic yards (7645.5 m3), plus $20.87 for each additional 10,000 cubic yards (7645.5 m3) or fraction thereof. 200,001 cubic yards (15,291.2 m3) or more - $633.55 for the first $200,000 cubic yards (15,291.1 m3), plus $11.42 for each additional 10,000 cubic years (7645.5 m3) or fraction thereof. Other Fees: Additional plan review required by changes, additions or revisions to approved plans (minimum charge - one-half hour) ....................................................................................... $79.54 per hour. .Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved. GRADING PERMIT FEES. 50 cubic yards (38.2 m3) or less ........................................................................................... $37.01 51 to 100 cubic yards (40 m3 to 76.5 m3) ............................................................................ $58.28 101 to 1,000 cubic yards (77.2 m3 to 764.6 m3) - $58.28 for the first 100 cubic yards (76.5 ni3), plus $27.56 for each additional 100 cubic yards (76.5 m3) or fraction thereof. 1,001 to 10,000 cubic yards (765.3 m3 to 7,645.5 m3) - $306.34 for the first 1,000 cubic yards (764.6 m3), plus $22.84 for eacli additional 1,000 cubic yards (764.6 m3) or fraction thereof. 10,001 to 100,000 cubic yards (7,646.3 m3 to 7,645.5 m3) - $511.88 for the first 10,000 cubic yards (7,645.5 m3), plus $103.95 for each additional 10,000 cubic yards (7,645.5 m3) or fraction thereof. 100,001 cubic yards (7,645.6 m3) or more - $1,447.43 for the first 100,000 cubic yards (7,645.5 m3), plus $57.49 for each additional 10,000 cubic yards (7,645.5 m3) Page 12 of!4 ~1 DRAFr 2/2312007 or fraction thereot: Other Inspections and Fees: 1. Inspections outside of normal business hours ........................................................ $90 per hour (minimum charge - two hours) 2. Reinspection fees assessed under provision of Section 108.8................................ $70 per hour 3. Inspections for which no fee is specifically indicated............................................ $70 per hour (minimum charge - one-half hour) .The fee for a grading permit authorizing additional work to-that under a valid permit shall be the difference between the fee paid for the original permit and the fee shown for the entire project. ..Or the total hourly cost to thejurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved. Page 13 of 14 g DRAFT 2/23/2007 EXHIBIT F CITY OF CENTERVILLE Anoka County, Minnesota SUMMARY OF ORDINANCE #~ SECOND SERIES NOTICE IS HEREBY GIVEN that, on . 2007, Ordinance # --J Second series, entitled "AN ORDINANCE ADOPTING A FEE SCHEDULE FOR 2007" was adopted by the City Council of the City of CenteIVille, Minnesota. NOTICE IS FURTHER GIVEN that, because of the lengthy nature of Ordinance # ----.J Second Series the City COlDlcil bas directed that a title and summary be prepared for publication pursuant to Minn. Stat 412.191, Subd 4. NOTICE IS FURTHER GIVEN that a complete, printed copy of Ordinance # ---.J Second Series is available for inspection by any person during regular office hours at the office of the City Clerk, 1880 Main Street, CenteIVille, MN, or will be mailed to anyone requesting it by telephone (651) 429-3232. NOTICE IS FURTHER GIVEN that the general purpose of the ordinance is to adopt fees and charges for various purposes. Section 1. This section adopts fees and charges including fees related to garbage/utility account certification, utility rates and charges, animal licensing, burning permits, fees for use of right-of-ways and excavations in streets, fees for business licensing, fees and deposits related building activities, fees for sign permits, development fees including tees in lieu of park dedications, planning and zoning fees, and fees for services including supplying copies and maps, and fees for vacation of streets and easements. Section 2. This section authorizes this summary of the ordinance be published in lieu of the entire text of the ordinance. Section 3. This section provides that the ordinance is effective on publication of this summary. NOTICE IS FURTHER GIVEN that the City Council bas by at least a 4/5 vote, approved this Public Notice. APPROVED this _ day of . 2007. CITY OF CENTERVILLE Mary Capra, Mayor ArrEST: . Teresa Bender, City Clerk Published in . 2007. on Page 14 of 14 /I (Reserved/or Recording Data) DEVELOPMENT/SUBDIVISION AGREEMENT THIS DEVELOPMENT/SUBDIVISION AGREEMENT ("AGREEMENT"), dated February , 2007, between the CITY OF CENTERVILLE, a Minnesota municipal corporation ("City"),. and Jackson Commercial, LLC/ SOOona Townhomes, LLC, Minnesota limited liability companies, ("Developer"). 1. Request for Development/Subdivision Agreement. The Developer has asked the City to approve a subdivision known as Centerville Townoffice Park, 2nd Addition ("Development") on the land legally described on the attached Exhibit "A" ("Property") consisting of a thee-story office buildmg in accordance with plans identified in Section 3 (PLANS). 2. Development/Subdivision Approval. The City hereby grants approval to allow the Developer to develop the Property in accordance with the PLANS and approval of the Preliminary and Final Plat (identified in paragraph 3 of this Agreement), subject to compliance with the terms and conditions of this Agreement. Jj 3. Plan Approval. The City hereby approves the following preliminary and/or final plans ("Plans") which 'are on file with the City. The Plans shall not be attached to this Agreement. The Developer shall develop the Property in accordance with the Plans or amendments thereto acceptable to the City Engineer and City Administrator. If, however, the Plans vary from the written terms of this Agreement, the written terms shall control. The Plans are: Plan A. Plan B. Plan C. Plan D. Plan E. Plan F. Plan G. Preliminary Plat dated the 19th day of September, 2006, prepared by E.G. Rud & Sons, Inc. (engineer/surveyor). Final Plat dated the day of E.G. Rud & Sons, Inc. (surveyor). . 2007, prepared by Final Grading, Drainage and Utility Plans dated the _ day of , 2007, McCombs Frank Roos, Inc. (engineer). Site Development Plan dated the _ day of prepared by McCombs Frank Roos, Inc. (engineer). . 2007, Erosion Control Plan dated the _ day of prepared by McCombs Frank Roos, Inc.. 2007, Landscape Plan dated the _ day of by McCombs Frank Roos, Inc... , 2007, prepared Building Plans dated the ~ day of Michael J.Thomas, LLC (architect). , 2007, prepared by 4. Effed of Development/Subdivision ApprovaL For Three (3) years from the date of this Agreement, no amendments to the City's Comprehensive Plan, or official controls shall apply to or affect the use, development, density, l~t size, lot layout, or dedications of the Development unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, .notwithstanding anything in this 3/ Agreement to the contrary, to the full extent permitted by state law, the City may require - compliance with any amendments to the City's Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this Agreement. 5. CompUance with Laws and Regulations. The Developer represents to the City that the proposed Development complies with all applicable city, county, state, and federal laws and regulations, including but not limited to: subdivision ordinances, planned unit development ordinances, zoning ordinances, and environmental regulations. The Developer agrees to comply with such laws and regulations. The Developer shall obtain all necessary approvals and permits from all other governmental agencies affected by the development of the Property before proceeding with construction including, but not limited to, the following: a) Anoka County b) Anoka County Highway Department; c) Rice Creek Watershed District; d) State Water Management Organization; e) State of Minnesota; f) Minnesota Department of Natural Resources ("Mn/DNR"); f) Minnesota Pollution Control Agency; g) Army Corp of Engineers; and h) Minnesota Department of Health. 6. License. The Developer hereby grants the City, its agents, employees, and officers a license to enter the Property to perform all necessary work or inspections deemed appropriate by the City. 7. Utility, Drainage and TnU Easements. The Developer shall dedicate to the City utility and drainage easements located on the Property arid shown on the Plat, and grants the City access to the utility and drainage easements. Developer shall dedicate to the City a IS foot easement along the east property line for trail purposes. 32 8. Developer-Installed Public and Private Improvements. The Developer shall install in accordance with the Plans, City ordinances and standards, and the requirements of Anoka County Highway Department and pay for the following improvements ("Public and Private Improvements"): Description of Public and Private Improvements: A. Sanitary Sewer System (private), connected to public system B. Water System (private), connected to public system C. Storm Water (private) D. Underground Private On-site Utilities e.g. gas, electric, telephone, CATV E. Trail (Public) F. Landscaping G. Surveying and Staking H. Setting of Lot and Block Iron Monuments I. Erosion Control J. Turn Lane The Public and Private Improvements shall be installed on or before September 1, 2008 in accordance with the Plans and in accordance with City standard specifications for utility and construction and the requirements of Anoka County Highway Department. The Plans and specifications shall be prepared by a competent registered professional civil engineer acceptable to the City for approval by the City Engineer. The Developer 33 shall instruct its engineer to provide adequate field inspection personnel to assure an acceptable level of quality control to the extent that the Developer's engineer will be able to certify that the construction work for the Public and Private Improvements is in accordance with the Plans and specifications approved by the City. The Developer, its contractors and subcontractors, shall follow all reasonable instructions received from the City's inspectors. Within thirty (30) days after the completion of the Public and Private Improvements and before the Security is released, the Developer shall supply the City with a complete set of reproducible "as constructed" plans, and two complete .sets of blue line "as constructed" plans, all prepared in accordance with City standards in electronic format. The Surveyor shall provide a ole.dxf, AutoCAD.dwg, Microstation.dgn, or Arc View shp file with the information that was for the Plat on compact disk. Before the Security and the Security for Public and Private Improvements are released in total, iron monUments must be installed in accordance with Minn. Stat. ~ 505.02 and the foregoing compact disk provided. The Developer's surveyor shall submit a written notice to the City certifying that the monuments have been installed. 9. Ownership of Utilities and Streets. The private streets and utilities serving the Property shall be the property of the owner(s) of the Property and the City shall have no responsibility for the maintenance or repair thereof. The owner(s) of the Property shall be responsible for the maintenance and repairs of all. the streets, sanitary sewer, water systems and other private utilities on the Property. 10. Security. To guarantee compliance with the terms of this Agreement, payment of real estate taxes including interest and penalties, payment of special 31 assessments, and payment of the costs of all connection fees, the Developer shall furnish the City with ,a letter of credit, in the form acceptable to the City and from a bank acceptable to the City for and No/lOO ($ .00) Dollars ("Security"). The Security shall be for a term ending March 1, 2009. The City may draw down the Security, upon notice as provided in this Agreement, for any violation of the terms of this Agreement or if the security is allowed to lapse prior to the end of the required term. The decision to draw down the Security shall be made by the City in its sole discretion. If the Security is drawn down, the proceeds shall be used to cure ~e default under this Agreement. To guaranty construction of the Public and Private Improvements in accordance with the Plans, the Developer shall furnish the City with a letter of credit in an amount one hundred ten percent (110%) ("Private and Public Improvements Security") of the cost of the Public and Private Improvements ($ ) determined as follows: Description of Public and Private Improvements: Cost A. Sanitary Sewer System (private), connected to public system $ B. Water System (private), connected to public system $ $ C. Underground Private On-site Utilities e.g. gas, electric, telephone, CATV D. Trails (Public) F. Surveying and Staking $ $ $ E. Landscaping 35 G. Setting of Lot and Block Iron Monuments H. . Erosion Control I. Turn lane $ $ $ TOTAL COST $ Upon receipt of proof satisfactory to the City that the Private & Public Improvements have been completed and financial obligations to the City have been satisfied, with City approval the Security may be reduced from time to time by ninety percent (90%) of the financial obligations that have been satisfied. Ten percent (10%) of the security shall be retained until all Private & Public Improvements have been completed and approved by the City, all financial obligations to the City satisfied, and the required "as constructed" plans have been received by the City. 11. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder or the failure to pay real estate taxes when due or pay connection fees, the City may, at its option, perform the work or pay the real estate taxes or connection fees and the Developer shall promptly reimburse the City for any expense incurred by the City or the City may use the Security or Security for Private Improvements to pay the expenses incurred, provided the Developer, except in an emergency as determined by the City, is first given notice of a default under this Agreement, not less than forty-eight (48) hours in advance. This Agreement is a license for the City to act, and it shall not be necessary for the City to seek a Court order for 3~ permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 12. Special Provisions. The City shall not be required to grant grading permits, building permits or approve and/or release the Plat for recording with the Anoka County Recorder until all of the conditions of this Agreement have been complied with including the following conditions: A. Special AssessmentslHook-Up Fees. During the term of this Agreement, Developer agrees to pay ~ll real estate taxes, special assessments/hook-up fees to the Property within the time provided for payment of the same or prior to expiration of the Security, whichever is earlier. B. Sewer Access Charge and.Water Access Charge. Sewer Access Charge and Water Access Charge are to be paid at the time building permits are issued by the City. Sewer Access Charge, Water Access Charge, permit fees and other charges are adjusted from time to time and Developer agrees to pay the fees and charges in effect at the time of making application for building permit. C. Covenant and Association Documents. Developer shall provide the City with copies of all document~ associated with maintenance or use of common areas or shared parking including the Declarations, and all other restrictive covenants and other documents relating to the Property which shall be reviewed by the City Attorney and shall be in a form and substance reasonably satisfactory to the City. D. Right to Proceed. Within the plat or land to be platted, the Developer may not grade 'or otherwise disturb the earth, remove trees, construct sewer lines, water lines, 31 streets, utilities, public or private improvements, or any buildings until all the following conditions have been satisfied: 1) this Agreement has been fully executed by both parties and filed with the City Administrator, 2) the necessary security and fees have been received by the City, 3) the plat has been recorded with the County Recorder's Office of the County where the plat is located, 4) Anoka County Highway Department has approved all plans for access to the Property and has granted all permits for (i) access to Anoka County Highway 54, (ii) turn. lane, and (iii) grading on Anoka County right of way, and 5) the City Administrator has issued a letter that the foregoing conditions have been satisfied and then the Developer may proceed, such letter being issued by the City no more than five (5) working days following the satisfaction of items 1 through 3 above.. E. Site Erosion ControL Before the site is rough graded, and before any utility construction is commenced or building permits are issued, the erosion control plan, Plan E, shall be implemented, inspected, and approved by the City. The City may impose reasonable additional erosion control requirements if they would be beneficial. All areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after the completion of the work in that area. Except as otherwise provided in the erosion control plan, certified seed shall be applied as rapidly as possible in order to provide a temporary ground cover. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule of supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion at the Developer's expense. The City will endeavor to 31 give forty-eight (48) hours written notice to Developer of noncompliance except in the case of an emergency, but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. No development will be allowed and no building permits will be issued unless the Developer is in full compliance with the erosion control requirements. Erosion control needs to be maintained until vegetative cover has been restored, even if construction has been completed and accepted. After the site has been stabilized to where, in the reasonable opinion of the City, there is no longer a need for erosion control, the City will authorize the removal of the erosion control, i.e. hay bales and silt fence. The Developer shall remove and dispose of the erosion control measures. F. Oean-up. The Developer shall maintain a neat and orderly work site and shall daily clean, on and off site, dirt and debris, including blowables, from streets and the surrounding area that has resulted from construction work by the Developer, its agents or assigns. G. Park and Trail Dedication. At the time of issuance of building permits for construction of the Private Improvements, the Developer, its successors or assigns, shall pay to the City a park and trail dedication fee ofTen Thousand five hundred and No/lOO Dollars ($10,500.00$11,310.00). H. Lighting. The Developer shall install and pay for outdoor lighting in accordance with City standards. A plan shall be submitted for the City Engineer's approval prior to the installation. I. Insurance. Developer shall take out and maintain until six (6) months after the City has approved the construction of the Private Improvements, public liability and 31 property damage insurance covering personal injury, including death, and claims for property damage which may arise out of Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than $500,000 for one person and $1,000,000 for each occurrence; limits for property damage shall be not less than $500,000 for each occurrence; or a combination single limit policy of $1,000,000 or more. The City shall be named as an additional insured on the policy, and the Developer shall file with the City a certificate evidencing coverage prior to th~ City signing the plat. The certificate shall provide that the City must be given ten (10) days advance written notice of the cancellation of the insurance. The certificate may not contain any disclaimer for failure to give the required notice. J. Proof of Title. Upon request, the Developer shall furnish the City with evidence satisfactory to the City that it has the authority of the fee owners and contract for deed purchasers, if any, to enter into this Development Contract. K. SoD Conditions. The Developer acknowledges that the City makes no representations or warranties as to the condition of the soils on the property or its fitness for construction of the improvements or any other purpose for which the Developer may make use of such property. The Developer further agrees that it will indemnitY, defend, and hold harmless the City, its governing body members, officers, and employees from any claims or actions arising out of the presence, if any, of hazardous wastes or pollutants on the property, unless hazardous wastes or pollutants were caused to be there by the City. L. Conditional Use Permit. The Developer shall comply with the conditions of approval as adopted by the City Council and set forth in Exhibit ''B'' attached to this ~() Agreement. The conditions shall run with the Property and shall bind successors and assigns. 13. Responsibility for Costs. A. The Developer shall hold the City, its officers, agents, and employees harmless from claims by itself and third parties, including, but not limited to, lot purchasers, other property owners, contractors, subcontractors, and materialmen, for damages sustained, costs incurred, or injuries resulting from approval of the Agreement, the Development, final Plats, plans and specificationS, and from the resulting construction and Development except for willful misconduct by the City and the City's own negligence. The Developer shall indemnify the City, its officers, agents, and employees for all costs, damages or expenses, including reasonable engineering and attorneys' fees, which the City may payor incur in consequence of such claims. B. The Developer shall reimburse the City for costs incurred in the enforcement of this Agreement, including reasonable engineering and attorneys' fees. The Developer shall pay in full all bills submitted to it by the City, its engineer, attorney or related vendors within sixty (60) days after receipt. If the bills are not paid on time, the City may halt all development work until the bills are paid in full. Bills not paid within sixty (60) days shall be subject to a one and a half percent (1.5%) per month interest charge. 14. Miscellaneous. A. In the event any provision of this Agreement shall be held invalid, illegal, or unenforceable by any court of competent jurisdiction, such holding shall not invalidate f/ or render unenforceable any other provision hereof, and the remaining provisions shall not in any way be affected or impaired thereby. If any provision of this Agreement is for any reason held invalid, illegal or unenforceable as a result of a challenge brought by the Developer, its agents and assigns, the City may, at its option, declare the entire Agreement null and void and approval of the Development Plans shall thereby be revoked. Breach of any material term of this Agreement by the Developer shall be grounds for denial of building permits. The determination of a material breach shall be made by the City. B. The breach of any material term of this Agreement by the Developer shall be grounds for denial of building permits. The determination of a material breach shall be made by the City in its reasonable discretion. C. The action or inaction of any party shall not constitute. a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. Any party's failure to promptly take legal action to enforce this Agreement after expiration of time in which the work is to be completed shall not be a waiver or release. D. This Agreement and the terms of the conditional use permit granted by the City shall run with the land and shall be recorded by the City in the Anoka County Recorder's Office. E. This Agreement shall be liberally construed to protect the public's interest. 4;!- F. Due to the preliminary nature of many of the exhibits and plans and the timing of the overall Development, addendums to this Agreement may be required to address concerns not specifically set forth herein. G. This Agreement and the terms of the conditional use permit granted by the City shall be binding upon the parties, their heirs, successors or assigns. H. The Developer represents to .the City that a state environmental impac~ statement is not required. However, if the City or another governmental entity or agency determines that a federal or state impact statement or any other review, permit, or approval is required, the Developer shall reimburse the City for all expenses, including staff time and reasonable attorneys' fees that the City incurs in assisting in preparation. I. Third parties shall have no recourse against the City under this Agreement. J. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original, and all of which shall constitute but one and the same instrument. 15. Notices. Required notices to the Developer shall be in writing and shall be either hand delivered to the Developer, their employees or agents, or. mailed to the Developer by certified or registered mail at the following address: . Sedona Townhomes, LLC Centerville, MN 55038 Attention: Paul Keleher Notices to the City shall be in writing and shall be either hand delivered to the City Administrator or mailed to the City by certified or registered mail in care of the City Administrator at the following address: A/3 Centerville City Hall 1880 Main Street Centerville, MN 55038 IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written. CITY OF CENTERVILLE By: Mary Capra, Mayor By: Dallas Larson, Administrator. DEVELOPER: Sedona Townhomes, LLC By: Its: President STATE OF MINNESOTA) )ss. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this day of , 2007, by Mary Capra and Dallas Larson,. the Mayor and City Administrator of the City of Centerville, a Minnesota municipal corporation, on behalf of the corporation, and pursuant to the authority of the City Council. Notary Public # STATE OF MINNESOTA) )ss. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this day of , 2007, by Paul Keleher, the President, of Sedona Townhomes, LLC, a Minnesota limited liability company, on behalf of the company. Notary Public TIllS INSTRUMENT WAS DRAFTED BY: Kurt B. Glaser City Attorney 510 First Avenue North, STE 610 Minneapolis, Minnesota 55403-1610 612-333-6513 KurtGlaser@GlaserLaw.Net +5 EXHIBIT" A " TO DEVELOPMENT/SUBDIVISION AGREEMENT . 17 ~ .. .. '"111' III 10111101 ,m, IIU 11/111111/1 Record ID 1773405 RECEI . FEB 06 2001 CENTeRVILtE. MN 1990682.009 ............................................................................ CITY OF CENTERVILLE ANOKA COUNTY, MINNESOTA APPROVAL OF CONDmONAL USE PERMIT 1. Permit. Subject to the terms and conditions set forth herein, the City of Centerville hereby grants approval of a conditional use permit for: Applicant, Jackson Commer~ LLC/Sedona Townhomes, LLC, to construct a three-story building exceeding the normal height limit of 3S feet. Approval is granted to construct a building to a maximum height of 46 feet in accordance with the plans drawn by Michael J. Thomas Architects dated lanuary 4, 2007 and subject the conditions oftbis permit. 2. Property. The permit is for the following described property: (PIN#R23-31-22-14-0061, Lot 3, Centerville Town Office Park, PIN#R23-31-22- 14-0062, Lot 4, Centerville Town Office Park, PIN#R23-31-22-14-0063, Lot 5, Centerville Town Office Park, PIN#R23-31-22-14-0064, Lot ~ Centerville Town Office Park, PIN#R23-31-22-14-0069, PortlomofLot 11, Centerville Town Office Park &- PIN #R23-31-22-14-0070, Outlot A, Centervi/le Town Office Park, Subject to Easements of Record Lots and portions of lots to be conttlined are os per submitted Erhibit "A", Preliminory Plot doted September 19, 2006. 3. Conditions. This permit is issued subject to the following conditions: A. The applicant shall conduct a noise study to verify that sound levels emitted by building heatinglcooIing equipment will not exceed 70 decibels at the property line. B. Gt:antee will follow the standards and requirements of the City ofCenterville, Rice Creek Watershed District, Anob County, Army Corp. of Engineers, FEMA, Minnesota DNR and any other agency having jurisdiction over the project and shall secure and file with the City, any permits required by outside agencies. -11 l=IiCEl-IMINAIiC.,.. l=l-AT EJflljj/l ~~SC~ CI5NTEIiCYIl...l-E '^rOWNOFl=ICI5 l=,AliClC ~(....)~ 2NO AOOrTrON lmob-40 ~ P:O~: &EOONA f-+OMI6 .. 9 ,- I,_J .! .,-- ..' .. I I , , q I ~- I.J.J I 3 IV .- ..... I. 'r- oO,) .... I ' I. t. f-. .,-- ..' .. 11 ..... ..-. .. --. ~ PllGPllSfD J SJIllrY IIlIIl/IIIVG l- 1 '\.- 1,04.. ..... , ~. .,-- ..' . ... ............ - - .. C. Approval is subject to Staff and City Engineer review for conformance with city code and standards. D. Applicant sbaIlcomplete a site lighting analysis to confirm that outdoor lighting does not cause glare or spill otTthe property. E. . Building colors shall complement the balance of the development. F. Building exterior wall panels shall be arcbitectural .grade concrete with sandstone finish and the entrance shall be enhanced with stone finish in accordance with the submitted plan. G. Rooftop equipment plan. shall be reviewed by the City and if the City determines it necessary, rooftop equipment shall be screened from view of adjoms property. R Garbage and recycling receptacles sball be contained in an enclosure constructed of the same materials and with colors matching the building. 1. The work authorized by this permit shall be completed within twenty-four months of the date hereof. J. Developer will execute a development agreement with the City ofCenterville. K. Developer sbaIl dedicate a trail easement adjoining the County road right-of- way along the east side of the property. L. Parking must be adequate to serve all uses within the building. 4. Criminal Penalty. Violation of the terms of this permit is a criminal misdemeanor. Dated: 01/10/07 CITY OF CENTBRVILLE ~J~1 Teresa Bender, City Clerk :~~ STATEOFMINNESOTA ) ) 88. COUNTY OF ANOKA ) The foregoing was acknowledged before me this~ day of Jb_"IA.JL.J-:~ 2007. by Mary Capra, Mayor and Teresa Bender, Clerk of the City of Cebterville, a Minnesota municipal corporation, on beha1f of the corporation and pursuant to authority granted by its City Council ./-. -. ~d7. ~IiC KRIS SWEENEY NOTARY PUBLIC. MINNESOTA My Commission Expires Jan. 31, 2010 . 2 .49 - ASOKA COUNTY M~NES()TA Document No.: 1990682.009 ABSTRACT I hs:rtby ctrtify that tb~ "itbul imtrulll~nt was fil~ inlhis offic.: fortt4:ord on: 01;29'20074:17:00 P!\l FQ."l\'Tax.:s 111 tht Amount of: $46.00 MAUREE~ J. DE\.~E Anoka County Property Tax Admini!llralor 'Recorder 'R ~gistrar of Titles ME \\'. Deputy Record 10: 1773405 . . .....:.,. . .., '.-:: ,':trl.... . . -.. ..... .. '5j EXHIBIT "C" TO DEVELOPMENT/SUBDMSION AGREEMENT IRREVOCABLE LEITER OF CREDIT No. Date: TO: City of Centerville 1880 Main Street Centerville, Minnesota 55038 Dear Sir or Madam: We hereby issue, for the account of Sedona Townhomes, LLC and in your favor, our Irrevocable Letter of Credit in the amount of $ , available to you by your draft drawn on sight on the undersigned bank.. The draft must: a) Bear the clause, "Drawn under Letter of Credit No. ,2005 of (Name of Bank.) "; , dated b) Be signed by the Mayor or City Administrator of the City of Centerville. c) Be presented for payment at p.m. on November 30, 2008 (Address of Bank) **1 . on or before 4:00 This Letter of Credit shall automatically renew for successive one-year terms unless, at least forty-five (45) days prior to the next annual renewal date (which shall be November 30 of each year), the Bank. delivers written notice to the Centerville City Administrator that it intends to modify the terms of, or cancel, this Letter of Credit. Written notice is effective if sent by certified mail, postage prepaid, and deposited in the u.S. Mail, at least forty-five (45) days prior to the next annual renewal date addressed as follows: Centerville City Administrator, Centerville City Hall, 1880 Main Street Centerville, MN 55038, and is actually received by the City Administrator at least thirty (30) days prior to the renewal date. This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein. 19 fl This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be made under this Letter of Credit. This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No. 500. We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. By: Its * * 1 Must be a location within 50 miles of City Of Centerville. 20 ~ EXHIBIT "D" TO DEVELOPMENT/SUBDMSION AGREEMENT CHECKLIST FOR SEDONA TOWNHOMES SECOND ADDmON Before the City si~ the fmal plat, the following must be delivered to the City Administrator: 1. Fully executed Development/Subdivision Agreement 2. 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