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HomeMy WebLinkAbout2009-06-10 CC Additional Handouts tervi{{e 'Lstabf/sfied'18S7 1880 :Main Street, Centervir(e, '.M:JIf55038 651-429-3232 or IFax..651-429-8629 June 10, 2009 Memo to Council: On June 8, 2009, the Council selected Michael Jeziorski of Blaine, Minnesota as its preferred candidate to fill the position of Finance Director. After having considerable discussion with Mr. Jeziorski regarding salary requirements, I offer the following recommendation: Mr. Michael Jeziorski should be tendered a conditional offer of employment starting July 6, 2009, subject to successful background-history report by the Police Department and subject to successful pre-employment physical including drug screen. His starting salary would be $62,000 per year, and subject to satisfactory performance review, would move to Step 3, Pay Grade 12, on January 6, 2010. Step movements thereafter would be on January 1,2011, and each subsequent year, subject to satisfactory performance review. Benefits would be according to the City's personnel policy as for any starting employee. Dallas Larson, City Administrator I- I I Assessment Calculation 21st Avenue/Backage Road Improvement Projed Proiect Cost at November 10, 2008 Other Cst Drainage Watermain Sanitary Paving Subtotal TOTAL CONSTRUCTION 1,163,526 30,476 554,840 138,406 42,053 397,751 - Based upon final pay request 28% INDIRECT COSTS, ENGRG., LEGAL, ADMIN 325,787 8,533 155,355 38,754 11,775 111,370 - TOTAL PROJECT $ 1,489,313 $ 39,009 $ 710,195 $ 177,160 $ 53,828 $ 509,121 Add 0 Easements-Sheehv 201,500 67,167 67,187 67,167 Easements-City 913x60=roads 150x200+200x300ponds144780 144780 289 560 180,000 36 520 36 520 36,520 Total Cost with Easements $ 1,980,373 $ 39,009 $ 890,195 $ 280,846 $ 157,515 $ 612,808 Less City Lot site work 7.5 ae $ 240,000 10% continaencv $ 24,000 Subtotaf $ 264,000 28 % Indirect $ 73,920 $ 337,920 $ 337,920 Less lino Lakes $ 153,500 3,500 $ 150,000 Subtotal $ 1,488,953 $ 35,509 $ 552,275 $ 280,846 $ 157,515 $ 462,808 $ 1,453,444 $ 1,453,444 Assessment Rates bv area 11.00 $ 50,207 $ 25,531 $ 14,320 FF units 1317+303+303)+450 1,373 $ 337.08 SheehY 3.5 acres 3.50 $ 175,724 $ 89,360 $ 50,118 Citv Acres 7.50 $ - $ - SheehY 450 It : 330+(600"20%) 450.00 $ 151,685 Total Cost Sheehy $ 466,887 Appraisal Value Increase-Sheehv $ 400,000 Drainaae assessed on area basis -- W&S assessed on area basis Streets assessed on FF basis City lots per formula Total Assess Add site wo~ Ci Lot 1 2.43 303 $ 122,232 $ 62,158 $ 34,862 $ 102,135 $ 321,387 11 0,931 C. Lot 2 2.43 303 $ 122,232 $ 62,158 $ 34,862 $ 102,135 $ 321,387 110,931 C. Lo/3 2.55 317 $ 127,880 $ 65,030 $ 36,473 $ 106,854 $ 336,237 116,057 7.42 923 372,344 189,347 106,196 311,123 $ 979,010 $ 337 920 3.62 450 11 1373 Hearing 2009-06-10 GruOUND SALES: 763-546-3151 OFFICE: 763-546-2625' FAX: 763-546-7321 DEVELOPMENT IN c. WWW.GROUNDDEYHOPMENT.COM 7575 GOLDEN VALLEY RD . SUITE 310 . GOLDEN VALLEY. MN 55427 March 21. 2008 Dear Mr. Larson: , l i I , I I i I I I I f I i I t , I I. , I I I ! Mr. Dallas larson City Administrator City of Centerville 1880 Main Street Centerville, MN S 5038 - 9794 RE: Pheasant Marsh 3,d Addition clean up In reviewing my file for Pheasant Marsh 3" Addition there are a few items remaining to finalize Pheasant Marsh 3'0 Addition. The first is the $10,000.00 escrow which was established with the final plat of Pheasant Marsh 3" Addition. Now that the project is accepted and the warranty bond put in place we request the $10,000.00 be retumed to Ground Development, Inc. The second item is in regard to the trunk water main over sizing in Pheasant Marsh 3" Addition. The Cities contribution for the difference between the 8" pipe and the installed 12" pipe is $12,991.30. TIlis reimbursement price has been reviewed by Mark Statz and our engineer and approved by the City in October of 2006. Ground Development, Inc. requested this reimbursement on October 9, 2006 and has yet received payment. Sincerely, I f I t I ! i I I I I I ! The last item outstanding is the last invoice for utility and street inspections. This invoice amount is $9,466.38. To settle the outstanding financial obligation if we deduct the last City invoice of $9,466.38 the city of Centerville still owes Ground Development, Inc. 13,524.92. Please review and schedule for the next available City Council meeting for payment authorization. If you have any questions please contact me so we can expedite the closure of Pheasant Marsh 3'. Addition. Dale C. Runkle Manager of Operations Cc: Joel Cooper, Anne Storm, Mark Statz and Steve Fitemnan I I I I I t I I i ""~""_.."-'.".'-'-~----"'-"-'-"-"--""~-~'-'-~''~-~---' -~_.-.._-- WATER MAIN OVERSIZING CREDIT DETERMINATION DATE: October 9, 2006 PROJECT: PHEASANT MARSH 3RD ADDITIO" OW"ER: GROU"D DEYELOPMEIff, '''C. TIPE OF WORK: WATERMAlN " INSTAllED ITEMS UNIT ITEM NO. CONTRACT ITEM UNIT CTV PRICES AMOUNT 1. 12" PVC AWWA 0-900 WI TRACER WIRE L.F. 1,082 !s 28.00 $ 30296.00 2. 12" GATE VALVE & BOX EA. 2 ! $ 1.745.00 $ 3.490.00 3. 01 FJ1TINGS LB. 1.010 $ 2.10 $ 2.121.00 4. 12" MEGA LUGS EA. 24 $ 63.00 $ 1.512.00 TOTAL = $ 37,419.00 8" EQUIY ALENT UNIT ITEM NO. CONTRACT rrEM UNrr CTV PRICE AMOUNT 1. 8" PVC AWWA 0-900 WI TRACER WIRE L.F. 1,082- $ 18.60 . 20,125.20 2. 8" GATE VALVE & BOX EA. 2 $ 1,185.00 . 2,330.00 3. 01 FITTINGS LB. 585 $ 2.10 $ 1 228.50 4. 8" MEGA LUGS EA. 24 $ 31.00 $ 744.00 TOTAL = $ 24,427.70 D1FFERENCE= $ 12,981.30 Laserfiche WebUnk Laserfiche' WebUnk 8rowse M '..0/, .~ : Template: Seerch .5. D;j 65 I I I ! I I I I , , i I , I ~i """1 I I I I I , i I I i Help LogOl1 My WebLink , " " :!:l .~ Page Ol9@ -'-,._-~~ c~'j:O (9 Cni",,~~~@ Pages:6'lol9-' centelViiii ;'CnyCoundl-;-Minu!9S-;'2008^;20oa-ci4:23'CC-'''''''''''-_M''---_,~,__,,_,m" I ,J cu. of Conlavillo CoIIIlcil Meeting}Jin1lfe8' April 23. 2008 Motion bv Conncil Member Lee. IllCDnd8d hv Council Member Paar. to authorie naif to emlve the contractor with therowellt bid - that hu been budR'eted and Dot to gu,l'!d n~.OOO AD in f:llvor. Motion l'JlT'J:'iM. urU:l.llihnoullv. VIll. J>iEW BUSINESS 1. Consider ModifVins A!;[enda Protocol to Include <COoen Forum" City Administrator Larson Slated that the cities of Wyoming. Blaine and Lexington addressed some of the lame ooncerns. He- mbmitted a. paragraph to consider. CouncilInember Lee mentioned tha.t he did nat 1hink it WI5 the ColDlcilts business to address some. things, IUch as barking dogs. garbage in park, etc. He. reque~ that the City Administrator screen the speakers prior to setting the agenda.. City Adminiif.ratcJr Lanon mggeided trying it without the restrictions and then. if needed, staff could llIl1.nd it Mayor Capra lidded that anytl1ina not on the agenda should b. discussed with the CIty Administrator or herulf before the meeting and be allowed to use their judgment Councilmcmber Broullsard-Vickers BUggcst.ed that they make sure people do not aBlme there would be an immediate reso1utiGn at the meeting. City Administrator Lenon replied that naif could add a question asking if the individual would fib a written response after the meeting to the form. City Attorney GlUet explained that the Mayor could give instructiOll! prior to the approvlll of the ogendL He orated that Mayor Capra would elll! the meeting to order and ha.vethe Public Forum as thefintitem. Motion bv Council Member Lee. leconded hv Council Member Pa.rr. to ilncle.mmt ODeD. forum DOUr::V with an attOlllDJlDvinll elImment and dIn-on ,heet at the next routine. All in favor. Motion tarried un8nimoUJlv. ~ 2. Ctfnll1lcf Development Req.llelrt: for 513524.92: SIO,OOO,OO E.cmw +$12,99130 Water Mmn Over.izing . S 9 466 38 City Incurred Coot. $13,524,n Requested Refund City Administrator Larmn explained the purpose of the Ground Development requ~, He IrtJl.ted that everything under the Development Agreement wag comple:t.ed and all things have been reconciled. He rtated it would be appropriate to approve the request. Pogo 6 of9 Powered b'f Laser1!dle WebLnk ve~on 7_0_4. l.lIse<fime ill 3 regir;lel'ed lndelTl3tt of Co""4'l'~nk M8n~ment Center. In<=. ThiscoPYi$~edto:CitvofCenterville.MN hnps:! 171.63 .146,2 54/weblink7/docview.aspx?id=46459 6/5/093:16 PM Page 1 of 1 , I I I I , , I I I I ! i l , , ! I I i ! i I ! I I ! Lasemche WebLink Brc;..,.'9.e @ '.~j1' Laserfkhe' Weblink Search _, i1~ 5g Help ~ Logout i My WebLink : iff :fJ Page f7l of9~ '] '-~~-_.~!Ai ~I. C (9 C3-~)6~~::::--~:-~--T~:tS. Pages :T~'~~ :9J ! ceilieiViife:;. City COundi>Minutes; 2OOii":;-2ooB_04~23-CC_u_","",-","-----"----,,,_.,, , , I I I j i ! i ! Template: CJ\Y of C<.nl=m. Council Mee1in,g Minute!" April 23. 2008 Motion b., CouncD Member Broullllard.Vickerll. retonded bv Council Member [.atm. (or tbe city to incur tbe calC at the $1),5.24.92 refund. All in favor. MDtimJ ~rri~d umlIJimnulIlv Mr. ',vnn JoOO5:00- Transient Sales AnnlicBtion and Waiviml of Fee- (AnriJ 24- MlIy11 2008) - Walk. for ~hlhtFundhiser City Admin.i8tmtor Lar80n explained that Mr. Johnson requested the CIty waive the fee normally charged fur tran.ient .ales. He explained that if .ale. aft =ducted by an individual known to a reaident, tl. permit ill not required. 3. Councilmomber Broussard-Vickers stAted that she did not think, in this l'ilSC, a. transient license Wll! needed. much leiS the fee. City Administrator I..arxon .tated that someone would ha.ve to check more completely intowhoitir. City Attorney Glaser stated that technically all seller8 who sell to 8trangers u well as those who rolicit: contril:nztions, should have 4 transien1 Jjcen~ unless ilia folks know each other, He added that some people get around it by having a neighborhood leader, H. then .tated thet !hi, pllt1icu1er cale shouid be decided by the City Council. MotioIl b., Coollci] M~bf!t BroDIIIArd.Vkb.... fet'.ill1ded bv CouIlcil MM1ber Parr. to waive the traDlient license. fee based on the information that it b for chariN. All id faVOI'. Motion CArried urt.l'limoull-l'. IX. ANNOUNCEMENTSlUPDATES I, Citv Admfnj~trAtnr Lar!lon City Administrat<>r Lorson reported the auditors had been I<l City Hall and tho! h. would draft the auait for presentation th~ end of May or iim: af June 2008. City Administrator Larson commented thathiB annual review is due. Mayor Caplll. BtJtted that an Executive Session would be held for City Administrator LBfson'S review. City Administrator Larson also reminded everyone of the next Public Hearing on May ], 200S at the St. Genevieve Community Parish CentlM', 2, PoHr.l'\ "RAnnrt Serg.PIt Aldridge reported tho! Officer DIlll Gat<s resign<<!. He ot~ the Alcohol Compuance Chcc1cs were c;omplctcd resulting in no fhilurcs in any of the ihrce chie" H~ reported th8t Officer AaronllOD. propoged a pmject that the addreD be placed on the back J''lle 7 of9 """""om by Lnerndlt- lI\IeN.iIJr nnio:n 1.0.4. LalIerfiche is Ilepll;tere-d lnldertwl< of Compulink 1,1""111'''''''''1 Cenlti. Inc. This oopyi5,egisk,edlo: CllyofCent8rville,MN https://71.63_146.254/weblink7Jdocview.aspX?id=46459 6/5/093:15 PM , 1 I f I I I I [ [ I I Page 1 of 1 I I I I I I I I I I r I "C',::"",),:", 23305 "MAIN:STREET BANK '7111 21ST AVE,N, . p.Q.80X:455 CENTERVILLE~ MN 55038 PAY TO THE ORDER OF ~~--_.. ;1IlO 75-683 9i9 DATE AMOUNT ,4/23/2008 $13,524.92 Thirteen Thousand Five Hundred Twenty-FourDollars and 92 Cents ~~~ I ._____ , CITY ADMINISTRATOR GROUND DEVELOPMEN~ INC.-- '7~75 Coold-e",l1.J~ Kd. ~-k.&I\) G:o I~", ~...1~, Wl;o SS4Jo.? 11'02:1:10511' I:Oq j,qObB:lBI: :10'" I.? 10 10511' .~ ..u___~.~ CITY OF CENTERVILLE CENTERVILLE, MN 55038 II1_Vbll>1!\lll (f,lIlD ~". 23305 4/23/2008GROUND DEVELOPME T, INC. /5# 1 $533.62 $12.991.30 e 101-43000-610 eSCRow REIMBURSEMENT E 601-49995-500 WATER MAIN OVER SIZING $0.00 $0.00 $533.62 $13,524.92 \ \ Vendor Account Chec Total $13.S24.92 M \ r ,;.,t:....j. GROUND DEVELOPMENT 7575 GOLDEN V ALLEY RD. #300 GOLDEN VALLEY, MN. 55427 763-546-2625 June 1,2009 Centerville City Council C/O Dallas Larson 1880 Main Street Centerville, Mn. 55038 Re: LlC Ground Development Dear Council Members, On June 15,2009 Ground Development is required to extend it's Letter of Credit # NZ569543 with the City ofCenterville as agreed upon in the Development Agreement, with the City, for Pheasant Marsh 3rd addition, dated March 31, 2006. For your information, and to provide you an update on the Pheasant Marsh 3'd Addition. On January 23,2008 the City Council approved and accepted the streets and utilities for the 3'd and final addition of Pheasant Marsh. Ground Development had complied with and completed the final punch list provided by the City staff and it's consulting engineer. All development work required for completion of the 3'd Addition, as required of Ground Development, by the Development Agreement had been completed and excepted. On March 18, 2009 Ground Development request a reduction and extension in the Development agreement security (Letter of Credit # NZ569543). On March 26,2008 the City Council approved both the reduction and extension at its regular Council meeting. The agreed reduction was calculated in conformance with Section 16 (Security) of the Development agreement. The amount of the extended LlC requested would be $173,248.00 consisting of $96,260.00, the Minimum 10% of the original amount of the LlC per the agreement, and $77,000.00 calculated per section 16, I d, representing $3,500 per vacant building site which secures the ultimate builders compliance with the final grade/sod/and curbstop requirements of the City at the time of Certificate of Occupancy. During these very difficult times in the residential housing industry/market I respectfully ask that the Council agree to waive the requirement under our Development Agreement that securitizes the conformance of the ultimate builder to final grade his lot, plant trees, sod the yard, and conform with City standards relative to driveway aprons. This security requirement places a hardship on Ground Development. It forces Ground Development to carry security well into the future years after the 3 rd Addition has been approved and accepted by the City. The Security section of our agreement has become punitive in requiring that Ground Development carry an additional I 0% security until the very last Certificate of Occupancy is granted. At this time there are _ vacant building sites in Pheasant Marsh 3'd Addition with no anticipated new starts this spring. When we are in good times we tend not to think a requirement such as this will have a significant impact and things will just happen in due course and there will not be a negative consequence to such a concept. However in bad times they become hardships. Please consider my request of waiving the securitization of the conformance of the ultimate builder by Ground Development. The City's building inspector has complete control over the builders' conformance through the issuance of the Certificate of Occupancy. This would allow Ground Development and the City to eliminate the Letter of Credit and the hardship that was never intended by either party. I have worked with the City for many years and have always maintained the project, paid my taxes and fees, and provided a wonderful neighborhood for the community. I will continue to maintain the Developer owned building sites and common areas until the very last lot is sold and completed. It's only in my best interest to do so. Thank you for your consideration. Respectfully, Steven Fiterman DEVELOPMENT/SUBDIVISION AGREEMENT (Developer Installed Improvements) Pheasant Marsh ~ Addition ! I , I I I i ! I I , I ! I I t I I I , I ! I I j I f I I . I I I , I I I ! I I I I I TIDS DEVELOPMENT/SUBDIVISION AGREEMENT ("Agreement") dated .; ~.:j I ' 2006, by and between the CITY OF CENTERVILLE, a Minnesota municipal corporation ("City"), and Ground Development Corporation, a Minnesota corporation (the "Developer"). 1. REQUEST FOR PLAT AND DEVELOPMENT APPROVAL. The Developer has asked the City to approve a final plat for Pheasant Marsh 3rd Addition (referred to in this Agreement as the "Plat"). The land ("Land") is situated in the County of Anoka, State of Minnesota, and is legally described on the attached Exlribit A. 2. CONDITIONS OF PLAT AND DEVELOPMENT APPROVAL. The City hereby approves the final Plat on condition that the Developer enter into this Agreement, furnish the security required by it, and record the Plat with the County Recorder or Registrar of Titles within one hundred (100) days after the execution of this Agreement. If the final Plat is not recorded within the one hundred (100) days, the approval of the Plat is void, unless a written request for an extension is submitted to the City Administrator before the one hundred (100) days expire. The extension will be approved or denied by the City Council within fifteen days. Q:\Agreernents\Pheasant Marsh 3\pheasant Marsh 3rd Addition VIS.doc Page I Such plat shall contain all easements required for the construction of improvements for the development. Outlot A of Pheasant Marsh 3rd Addition, which is located along the south side of Dupre Road between Lot 12, Block 4 of Pheasant Marsh 1 st Addition and Lot 10, Block 2, Pheasant Marsh 3rd Addition, shall be deeded to the City in lieu of adding the land to the street 3. RIGHT TO PROCEED. Within the Plat or Land to be platted, the Developer 1 I I I I I I I I I I \ I I I I right of way. It is agreed that the Outlot would not be used for direct access to utilities by lands to the south that are not part of the plat, but that could be used for a street, watermain and sanitary sewer main connection to Dupre Road and for any other right of way purposes. may not grade (except as authorized in a Grading Permit issued by the City or the Final Grading Plan, hereinafter defined) or otherwise disturb the earth, remove trees, construct sewer lines, water lines, 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 all necessary security has been received by the City, 3) the Plat has been submitted for recording I ! I , I I t I I I I parties, including owners and mortgage holders, and filed with the City Administrator, 2) the with the Anoka County Recorder's Office, and 4) the City Administrator has issued a letter that all conditions have been satisfied and that the Developer may proceed. The Plat will not be released to the Developer and may not be recorded until the necessary security has been received and accepted by the City. The City Administrator shall issue the notice to proceed within seven (5) business days after receipt and acceptance of the security. 4. OTHER DEVELOPMENT. The City may refuse to approve future planning or zoning applications, plats or development contracts by or with Developer if Developer has breached this Agreement and the breach has not been remedied. Q:\Agreements\Pheasant Marsh 3\Pheasant Marsh 3rd Addition VlS.doc Page 2 5. CHANGES IN OFFICIAL CONTROLS. For two (2) 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, lot size, lot layout or dedications of the approved Plat unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this 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. 6. DEVELOPMENT PLANS. The Plat shall be developed in accordance with the following plans ("Plans") which are on file with the City. The Plans shall not be attached to this Agreement. If the Plans vary from the written terms of this Agreement, the written terms shall control. The Plans are: Plan A - Plan B - Pheasant Marsh 3'd Addition [mal plat dated March 1,2006. Final Grading and Erosion Control Plan dated 02-10-06 prepared by James R. HiIl(Grading Plan"). Construction Plan for Sanitary Sewer, Water Main, Storm Sewer, Concrete Sidewalk, Concrete Curb, Gutter, Bituminous Surfacing, and Site Grading, Pheasant Marsh 3'd Addition, dated 02-08-06 prepared by James R. Hill ("Construction Plans"). Soils Investigation Report dated November 2000 prepared by Allied Test Drilling. Plan C - Plan D - , 7. IMPROVEMENTS. The Developer shall install and pay for the following improvements ("Improvements") as required by the Construction Plans: A. Sanitary Sewer System B. Water System C. Storm Sewer D. Streets E. Concrete Curb and Gutter F. Street Lights G. Site Grading, Ponding and Erosion Control H. Underground Utilities Q:\Agreements\Pbeasant Marsh 3\Pheasant Marsh 3rd Addition VIS.doc Page 3 I. Setting ofIron Monuments J. Sidewalks and Trails K. Surveying and Staking L. Mailboxes M. Street signage N, Trees, sod and landscaping All Improvements shall be installed in accordance with the City's subdivision ordinance; City standard specifications for utilities and street construction; and any other applicable ordinances. The Developer shall submit plans and specifications for the Improvements that have been prepared by a competent registered professional civil engineer to the City for approval by the City Council. No changes may be made to the Plans without the City's express written consent. The Developer shall obtain all necessary permits from other agencies before proceeding with construction of the Improvements. The Developer 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, as a condition of City acceptance, that the construction work for the Improvements meet the approved City standards. In addition, the City may, at the City's discretion and at the Developer's expense, have one or more City inspectors and its engineer, review plans and inspect the work on a full or Part~ time basis. The Developer's expense shall not exceed a cap of $ ~~ unless Developer ~ agrees in writing to pay an additional amount or amounts. The cap is the maximum that the developer shall pay for the work of the city engineer and inspectors; the actual amount the Developer shall pay will be calculated on a per hour basis for the actual time spent. The hourly rates will be those set out in the current fee schedule which is attached hereto as Exhibit E. The Developer shall also pay out-of-pocket expenses for mileage at $0.46 per mile, all of which is included in the cap. To facilitate keeping costs under control, and to allow monitoring of the construction and the associated engineering costs, Developer will provide for biweekly project construction meetings with the Developers contractor, the Developer's engineer and City's engineer and other concerned parties. Q:\Agreements\Phcasant Marsh 3\Pheasant Marsh 3rd Addition V15.doc Page 4 i , I i i I i i I i I I t I I I , I I I . . I , I II I . i I I I I I I I I The Developer, its contractors and subcontractors, shall follow all instructions received from the City's and Rice Creek Watershed inspectors, so long as consistent with the Plans. The Developer's engineer shall provide for on-site project management. The Developer or its engineer shall schedule a pre-construction meeting at a mutually agreeable time and location with all parties concerned, including the City's consulting engineer and inspector, to review the program for the construction work. Prior to the pre-construction meeting, Developer shall supply a schedule of construction activities and shall amend the schedule from time to time as necessary. Within thirty (30) days after the completion of the Improvements and before the Security for said improvements is released, the Developer shall supply the City with a complete set of reproducible "as constructed" plans for each Improvement, and two complete sets of blue line "as constructed" plans in electronic format AutoCAD, DWG or a .DXF file, all prepared in accordance with City standards using Anoka County coordinates. Before the Security for the completion of . Anoka County for County Road Access and Work in County Rights-of-Way (if any) . Minnesota Department of Health for Watermains . NPDES Permit for Grading and Erosion Control . MPCA for Sanitary Sewer and Hazardous Material Removal and Disposal . DNR for Dewatering . City of CENTERVILLE for Building Permits . City Of Centerville for soil and erosion permits. . Rice Creek Watershed District- Wetland Conservation Act Permits . City Permits for Utilities such as gas, phone, electric, cable TV,water & sanitary sewer. , I I I I i 1 I I I I i i I I ! ! I I I I ! I I Public Improvements is released in total, iron monuments must be installed in accordance with Minn. Stat. 9 505:02. The Developer's surveyor shall submit a written notice to the City certifying that the monuments have been installed. 8. PERMITS. The Developer shall obtain or require its contractors and subcontractors to obtain all necessary permits, including but not limited to: 9. TIME OF PERFORMANCE. The Developer shari install all required public improvements ("Public Improvements") in the Plans by November 30, 2006, with the exception of the final wear course of asphalt on streets. The final wear course on streets shall not be Q:\Agreements\Pheasant Marsh 3\Pheasant Marsh 3rd Addition VIS.doc Page 5 installed before July 15, 2007, but must be installed no later than November 30, 2007. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the Security posted by the Developer to reflect cost increases and the extended completion date. Final wear course placement outside of this time frame must have the written approval of the City Council. 10. LICENSE. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the Land to be platted to perform all work and inspections deemed appropriate by the City in conjunction with the Plat development and the Improvements. 11. EROSION CONTROL. The erosion control shall be implemented by the Developer according to the Grading Plan and inspected and approved by the City. The City or Rice Creek Watershed District may impose additional erosion control requirements if field conditions warrant. All areas disturbed by the excavation and backfilling operations shall be reseeded within forty-eight (48) hours after the completion of the work or in an area that is inactive for more than seven (7) days, unless authorized and approved by the City Engineer. Except as otherwise provided in the erosion control plan, seed shall be in accordance with the City's seeding specification, which may include certified oat seed to provide a temporary ground cover as rapidly as possible. 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 or supplementary instructions received from the City or the Rice Creek Watershed District, the City may take such action as it deems appropriate to control erosion. The City will designate a contact person responsible for erosion control issues. The contact person will attend the pre-construction meeting. Except in case of emergency, the City will give 48 hours notice to the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. If the Developer does not reimburse the City for any cost the City incurred for such work within thirty (30) days, the City may draw down on the Security or Additional Security to pay any costs. No development, Q:\A.greements\Pheasant Marsh 3\Pheasant Marsh 3rd Addition VI 5.doc Page 6 utility or street construction will be allowed and no building permits will be issued unless the Developer is in full compliance with the approved erosion control plans. The Developer shall require all homebuilders working on the project to comply with City's erosion control standards. The homebuilders are to be educated on the City standards and the homebuilders may be required to post surety to secure performance. The City will work cooperatively with the developer in securing homebuilder compliance with erosion control standards through the building permit process. 12. GRADING PLAN. The Plat shall be graded in accordance with the Grading Plan. Within thirty (30) days after completion of the grading and before the City releases any Security, the Developer shall provide the City with an "as constructed" grading plan certified by a registered land surveyor or engineer that all ponds, swales, and ditches have been constructed in accordance with the approved grading plan on public easements or land owned or to be owned by the City. The "as constructed" plan shall include field verified elevations of (a) cross sections of ponds, and (b) location and elevations along all swales, wetlands, wetland mitigation areas if any, ditches, and the Developer shall require lot purchasers to verify lot comer elevations and house pads. The City will withhold issuance of building permits until the approved certified grading plan is on file with the City and all erosion control measures are in place as determined by the City Engineer. The Developer shall be required to maintain all erosion control measures until the project is accepted by the City. 13. DEWATERING. Due to the variable nature of groundwater levels and stormwater flows, it will be the Developer's and the Developer's contractors and subcontractors responsibility to satisfy themselves with regard to the elevation of groundwater in the area and the level of effort needed to perform dewatering and store flow routing operations. All dewatering shall be in accordance with all applicable county, state, and federal rules and regulations. DNR regulations regarding appropriations permits shall also be strictly enforced. 14. CLEAN UP. The Developer shall clean dirt and debris from streets that has resulted from construction work by the Developer, its contractors, subcontractors, agents or Q:\Agreements\Pheasant Marsh 3\Pheasant Marsh 3rd Addition VIS.doc Page 7 assigns. Prior to any construction on the Plat, the Developer shall identify in writing a responsible party for erosion control, street cleaning, and street sweeping. During such times as construction activity is active, developer or his agent shall frequently inspect streets and make sure that they are swept of dirt and debris. 15. CITY ENGINEERING, ADMINISTRATION AND CONSTRUCTION OBSERVATION. Before the City signs the final Plat, the Developer shall reimburse the City for all of the City's out-of-pocket expenses incurred up to the date of executing this Agreement, including expenses incurred for legal, planning and engineering services. Furthermore, before the City signs the final Plat, the Developer shall deposit with the City a $10,000 cash escrow for the City's future out-of-pocket expenses for legal, planning, engineering, development agreement compliance and inspection services. The Developer agrees that the City has the right to request additional deposits from time to time based on the City's estimates of future out-of- pocket costs. 16. SECURITY. To guarantee compliance with all of the tenns of this Agreement, including payment of real estate taxes, including interest and penalties, payment of the costs of all Public Improvements, and construction of all Public Improvements, the Developer shall furnish the City with a Letter of Credit in the form attached hereto as Exhibit B, from a bank or other fmancial institution acceptable to the City ("Security") for $$ 962,606.00. The amount of the Security was calculated as follows: CONSTRUCTION COSTS: 1. Cost of Private Improvements, description: a. Lot access - gravel & silt fencing 28 Lots @ $500.00 each $14,000.00 _ IS'~ ~ L.t 1 1J1<( '-ot3 e~1 to+- '" &/<. L b. Snowplow service of streets approximately 20 @$100.00 $2,000.00 . c. Shade trees (balled and burlapped) 2. per lot or 1: per corner lot (66 Total) at $225.00 per tree $14,850.00 I 35'O,u<' to't I /31<-1 "2- ""b~( ~ wt-i' tY< 1. "- Q:\Agreements\Pheasant Marsh 3\Pheasant Marsh 3rd Addition VI5.doc Page 8 " d. Final Grade/SodlCurbstop @ $3500.00 per lot $98,000.00 ,- 10, .5~40 u.f-/~lc-f lIrJ;.6I:- '" M~""'':': e. Street Lighting $12,000.00 ,~, IItJ ~ Sub- Total Estimated Cost $140,850.00 SanitaJy Sewer, Water main, Storm Sewer $ 601,065.00 Streets, Sidewalk and Restoration, street name signs, traffic signs, barricades and traffic control, flushing storm sewers, grading and sodding of outlots and boulevards, televising sanitaJy sewer, install mailboxes, surveying, staking comer monuments, project engineering and inspection. TOTAL CONSTRUCIlON COSTS OTHER COSTS: Additional security Street-Utilities (25%) Additional security other costs (50%) $ 741,915.00 $150.266.00 $ 70A25.00 ~~{ ')\'.. $ 962,606.00 TOTAL PROJECT SECURITIES This breakdown is for historical reference; it is not a restriction on the use of the Security. The Security shall be for a term ending November 30, 2006, and automatically renewing thereafter unless notice of termination is provided to the City at least forty-five (45) days prior to the end of the term or any renewal date. The notice given must comply with Section 23 billow. Individual security instruments may be for shorter terms provided they are replaced at least thirty (30) days prior to their expiration. The City may draw down the Security, with a written seven (7) day notice and seven (7) day right to cure by the Developer, for any violation of the terms of this Agreement or if the Security is to be allowed to lapse prior to the end of the required term or any renewal term. The notice and right to cure provisions sbaII be void if the Security will expire in less than seven (7) days. If the required Public Improvements are not completed at least thirty (30) days prior to the expiration of Ihe Security, Ihe City may also draw it down. If Ihe Security is drawn down, Ihe Q:\Agreements\Pheasant Marsh 3\Plieasant Marsh 3rd Addition V15.doc Page 9 !~;1.,1~' PI'-?' r O"~ '>'" I I I ! I [ , I [ I I i ! I I I I I II I ! I I I I ! I I I I I I [ i I I I I I I @J CENTENNIAL LAKES PD MEMORANDUM TO: Ron FROM: Russ CC: Pat Aldrich RE: Fetes Des Lacs Event Permit Issues DATE: June 9, 2009 Ron: This memorandum provides an overview of general information about and issues arising from the proposed Fetes Des Lacs event (hereafter the "event") (not including the planned 8K run which has been addressed by separate memo). It follows my discussion today with Tom Lee. The permit is attached. It is extremely detailed and, for purposes of brevity, it will not be repeated in detail here. Introduction The event is scheduled for the weekend of August 7 - 9.1 The venue is primarily the LaMotte Park area including the parking lot, ball fields, ice rink and adjacent grounds. While I have never personally attended the event other than to work/lead the parade, I am advised it is heavily attended - applicant indicates 2000+ spectators/participants. The following activity categories are most relevant to public safety issues and concerns. Public Safety Issues a. Parade: This is scheduled for Saturday morning after the 8K run. The course is the same as in prior years. I am meeting with Tom tomorrow and will review a map of the parade route with him. Per Tom, we will need one (I) officer to lead the parade. We will also need uniformed presence at the Main St. and 20th A venue intersection as well as Main Street and Centerville Road intersection to close off Main Street for parade purposes. I believe we will need to designate the CSO on duty specifically for the parade and to control one of these intersections. We will also need one or more reserve officers to assist. The east side squad is available to assist but will remain subject to calls (unless 1. we pull this squad and ask LLPD to cover east side calls during the parade like we do for them during I The permit indicates a "Banle of the Bands" event in the afternoon of Sunday August 2. their department meetings or 2. we bring a second officer in on OT to assist with the parade above and beyond the officer assigned to lead it). Tom advises he is applying for the parade permit from the county today through the city. He will also handle the barricades for the parade. Tom further notes that Main Street will be closed to traffic for approximately one hour. b. Music: There will be two primary sources of amplified music. The first is a miscellaneous category comprising the Battle of the Teen Bands/Dance Line demonstration and raffle. This music will be earlier in the day and should be a non-issue. However, Tom has requested a uniformed presence at this event, possibly a CSO or reserve officer, to deter rowdy behavior by teens seeking to "smash dance." The second results from the street dance activities on both Friday and Saturday night. The latest music is scheduled to play is 0000 hours. The music begins at 2000 hours which should be a non issue. The late playing of music is fully disclosed in the permit application. However, I am unsure as to whether a separate noise permit from the city is required or the event permit suffices. c. Softball: Games are scheduled all weekend. They have been "non-events' from a public safety perspective. Note: alcohol is sold during the games. d. Alcohol: Beer will be sold throughout the weekend (from LaMotte Park) and numerous issues pertaining to its sale are set forth at length in the permit application. In the past, one or more officers have worked the beer sales operation at the street dances to maintain order. This will need to be provided for this year as well. Having a CSO or reserve officer or two for presence seems to me to be a good idea as well. I am unsure as to whether a reserve officer or CSO need be present during the daytime beer sales activities and will seek clarification from Tom. e. Fireworks: are scheduled for Friday Night during the same timeframe as the music but ending earlier than the music. f. Parking: Tom has arranged for parking in the Centerville Elementary School lot, the St. Gen's Parish Community Center lot and LaMotte Park's lot. g. Emergency Vehicle Access: I have addressed with Tom the need to be able to move emergency vehicles from the LaMotte Park paved lot over a temporary unpaved road running along the north end of the park to Centerville Road. I do not see a need to stage fire or ambulance for the non-race portion of the celebration with the possible exception of CFD for the fireworks. h. Severe Weather: I would like to see something in the permit as to what will happen in the event of severe weather. We need to set/understand the protocol for cancelling the race (addressed previously), the parade, the softball games, and the street dances? Miscellaneous a. Vendors: last year the event organizers had a problem with unlicensed vendors during the parade. Tom advises that no permits will be issued to vendors and that anyone caught vending without a permit will be asked to leave. If they resist the police will be requested to intervene. b. Monev Escort: I have a recollection that uniformed presence has been requested in the past to remove cash from the event. If my memory is correct we should be prepared to comply with this request. I do not see why the east side squad couldn't handle this subject to calls. c. Identification of Volunteers: Tom indicates that volunteers for the weekend's events will wear an easily identifiable event staff T-shirt. Tom and Michelle Lakso have spoken and she has agreed that CERT members who volunteer at the event will wear the same T-shirt (rather than their hats and vests). More updates to follow by either Pat or me. Thanks. Russ CENTENNIAL LAKES PD MEMORANDUM TO: Ron FROM: Russ RE: Fetes Des Lacs 8K PlanninglPermit Issues DATE: June 3, 2009 Ron: This memorandum provides an overview of general information about and issues arising from the proposed road race. It follows my June 2, 2009 meeting with event organizer Pat Branch during which we rode the course. General Information a. Distance: This is an 8K or 4.96 mile run/walk. It is to be a "certified" run meaning that it will attract some serious runners (serious ~ 5 to 6 minute per mile pace). It will also attract walkers who reasonably can be anticipated to complete a mile in 20 minutes or so. It is the walkers who prevent a more significant safety issue as they are the ones who will be out on the course and in the elements the longest. b. Course: The start line is on Meadow Lane just east of the intersection with Centerville Road. Centerville city streets are utilized as follows: Meadow Lane to Dupre Road, Dupre Road to Pioneer Lane, Pioneer Lane to Eagle Trail, and Eagle Trail back to Dupre Road. The participants will then follow Dupre Road to Main Street where they will head west and run on an asphalt path that parallels the road until they reach the Rice Creek Chain of Lakes Park (hereafter "county park"). Please note that utilizing the path requires runners to cross Progress Road and Centerville Road before entering the county park. The remainder of the race takes place on the main road of the county park (aIkIa "County Parkway E" or "Centerville Way") until it reaches the paved path that begins just beyond the boat launch area. Runners and walkers will then be on the path until it ends at Lamotte Park just behind the ice rink/skateboard rink. The run ends in the parking lot of Lamotte Park. The mile markers are as follows: 1 Mile: Main and Dupre 2 Miles: Main and Mound 3 Miles: County park road and beach house 4 Miles: County park road and path 5 Miles: Lamotte Park c. Start Time: I am advised start time will be 0800. Set up will begin 1 to 2 hours earlier. Set up should not require any road closures. d. Parking: Participants will be directed to park in the St. Gen's Parish Community Center parking lot. Permission to do so is being handled by the applicant. Road Control and/or Closure Issues There are a total of 21 "involved" roads, streets, intersections, or trail/parking lot openings to be taken into account. They are listed below. As will be eXplained below, some are minor, requiring nothing more than a volunteer to stand in the opening and make sure a vehicle doesn't enter onto the course in the path of runners. Others are major, requiring the closure of a road or, in the case of the county park road, the entire road itself. Note: rather than attach a map to this memo, I would like to meet with you face-to-face so that we may review the course together and address the issues raised by this memo. I have keyed the map to the numbered involved roads, streets, etc. listed below. Please also keep in mind that the closure of any road and/or intersection is time dependent. Again, the fastest runners will move through the course at a pace of between 5 and 6 minutes per mile, and the slowest at approximately 20 minutes per mile. As the course terminates in Lamotte Park, no street closure (with the exception of the main road in the county park) will be required after the runners/walkers reach the county park. The county park is approximately the 2 mile mark, meaning that after about 40 minutes all runners/walkers should be off the city roads. The use of the park is not without its issues as is explained below. The involved roads, streets, intersection or trail/parking lot openings include: 1. Centerville Road and Meadow Lane 2. Meadow Lane and Meadow Circle 3. Meadow Lane and Meadow Court 4. Meadow Lane and Dupre Road 5. Dupre Road and Portage 6. Dupre and Pioneer Lane 7. Pioneer Lane and Eagle Trail 8. Ojibway and Dupre 9. Dupre and Main Street 10. Main Street and Progress Road 11. Main Street and Centerville Road 12. Opening of vacant land with construction activi1y adjacent to Waterworks 13. Second opening of vacant land with construction activi1y adjacent to Waterworks (this opening also takes into account the opening to the Waterworks lot itself) 14. Main Street and Mound Trail 15. Main Street at Coun1y Park 16. Coun1y Park road and campground entrance 17-20. Beach house access points 21. Coun1y Park road and boat launch access a. Maior Control/Closures: The major roads/intersections to be closed include Centerville and Meadow Lane (the start), Pioneer Lane and Dupre (#6), Pioneer Lane and Eagle Trail (#7), Main and Dupre (#9), Main and Centerville Road (#11) and Main and the Coun1y Park (15). Regarding the closure proposed at Main and the Coun1y Park, please note the applicant will be asking the coun1y to allow him to close the entire Dark road from the entrance all the way to the trail which commences just after the boat launch. His reasoning is that runners will not stay to one side of the road and will traverse the course to obtain the running angles (trajectories?) that will result in the fastest times. I do not know if the coun1y will allow this. A majori1y of these closures will require squad presence and either officer, reserve officer or CSO assistance. I will be working on this issue and will discuss it with you further when we review the course map. b. Minor Control/Closures: the remaining involved roads, intersections, parking lot openings, etc. are relatively minor and can be handled by a combination of volunteers, reserve officers, CSO's, barriers and/or cones. I will need to work with the applicant to get these particular points staffed appropriately. Personnel Applicant is working closely with Tom Lee who advises he anticipates having CERT members work this event (and the parade). He also advises he has (through Tom) a total of 24 radios. We will need reserve officers from our department to assist as well. We should also consider asking the sheriff's office and LLPD for assistance as their jurisdictions are impacted. Applicant has alerted LLPD to the event. And, as noted above, he will be making a request to the coun1y to essentially close the park so that runners may use the main park road. His request will be limited in time to approximately 30 minutes (the fastest runners will be at the boat launch/path area in 15 minutes). The remaining runners will have to be instructed by volunteers to hug the left side of the road. Safety Issues There are several issues potentially impacting any event of this nature and some that are specific to this particular event. a. Weather: Ibis event is scheduled for earlier August. Heat and humidity are significant concerns. I've asked the applicant to provide me with guidelines for the possible delay (or early start) or cancellation of the event if heat and humidity present safety hazards. Similarly, lightening is a hazard that the race will be postponed or cancelled for. c. Water Stops: The applicant and I have discussed adding another water station and he has agreed. There will be water at the start and finish, at the Waterworks parking lot and the beach house. d. Gates at Path Entrances/Exits: Applicant advises he will have the key to unlock the gates at both ends of the patch going through the park. The gates (and poles in the ground next to them) make it impossible for a vehicle to get on the path. Additionally, the gate poles are 10'7 apart meaning any vehicle that may need to get through them will have to be narrower than that. The paved path itself is 10' wide. We will need to measure an ambulance width at the tires and in the patient treatment portion to see how it matches up with these constraints. Miscellaneous In addition to the foregoing, we need to consider: a. The race will need to be lead by a vehicle of some sort. Applicant proposes a four-wheeler. This vehicle will presumably operate on the streets and the path. The race will also need a "caboose" which I propose be an emergency vehicle with an activated light bar. b. I will want an ambulance staged (likely in the Waterworks lot) for the event. c. I would like to see CFD provide rescue/medical support. d. The portion of the event on the park is not insubstantial. It is also remote. I've explained to the applicant that I want at least two volunteers on bicycles to patrol the path and three would be even better. e. I want a squad assigned to the event on OT/Comp. I do not think this is something the east side car can handle on its own. This squad will likely control the Main and Centerville Road intersection and provide additional emergency back up. I will also likely need to pull the CSO for the event to control another major intersection and will want a reserve officer in a marked vehicle as well to be the caboose (this order can be reversed). More updates to follow. Thanks. Russ Note: edited on June 9 to include one typo correction and updated information from Tom LeelPat Branch re no. of radios available and that contact has been made with LLPD.