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HomeMy WebLinkAbout2000-03-29 Packet CITY COUNCIL MEETING AGENDA WEDNESDAY, MARCH 29, 2000 6:00 p.m. CALL TO ORDER pd„✓ Roll Call PUBLIC HEARING (S) t4fi.. APPEARANCES /AWARDS //IV. CONSIDERATION OF MINUTES A. PC -- March 8, 2000 Meeting Minutes 7�V. PAYMENT OF CLAIMS The City of Centerville March 8, 2000 through March 29, 2000 (4 Centennial Fire District Expenses tis Pay vatikart ft fr i& WI. SET AGENDA II. PETITIONS AND COMPLAINTS • Y / y Stop Sign Request - 73` Street % M V2 Construction Traffic Restriction - Brian Dube 0vs."- j 4f Pe.., ; f - /.(u -sue Pre j etr i/VIIT. UNFINISHED BUSINESS Hunter's Crossing Preliminary Plat (4 . Mutual Aid Agreement - City of Hugo e.3: Northern Forest Products - TIF Issue (AX. NEW BUSINESS !/1. Account Clerk II, Clerk/Treasurer Position, Minutes Transcriber Point of Sale Software • Lorentz Bus Service - Tom Thumb Parking Lot 4.l Charitable Gambling License - Spring Lake Park Lion's L° Special Use Permit/Lot Split - First Class Concrete • LaMotte Park - Outdoor Recreation Grant X. CONSENT AGENDA XI. COMMITTEE REPORTS S XII. ADMINISTRATORS REPORT XIII. ADJOURNMENT sum— • Not Approved CITY OF CENTERVILLE CITY COUNCIL MEETING March 8, 2000 6:00 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting on March 8, 2000, at City Hall, 1880 Main Street. PRESENT: Mayor Tom Wilharber Council Member Dick Travis Council Member Terry Sweeney Council Member Linda Broussard Vickers Council Member Mari Nelson ABSENT: None STAFF: City Administrator, Jim March City Attorney, James Hoeft City Engineer, Tom Peterson 1. CALL TO ORDER Mayor Wilharber called the March 8, 2000 City Council meeting to order at 6:05 p.m. II. PUBLIC HEARING (S) III. APPEARANCES /AWARDS IV. CONSIDERATION OF MINUTES February 23, 2000 Council Meeting Minutes Motion by Council Member Nelson, seconded by Council Member Sweeney to approve the February 23, 2000 Council meeting minutes with noted additions. Motion carried unanimously. V. PAYMENT OF CLAIMS The City of Centerville February 24 through March 8, 2000 Motion by Council Member Sweeney, seconded by Council Member Travis to approve the expenditures for the City from January 27, 2000 through February 9, 2000. All in favor. Motion carried unanimously. • Centennial Fire District Expenses 1 Motion by Council Member Travis, seconded by Council Member Sweeney to approve the March 2 Centennial Fire District expenditures. Motion carried unanimously. Motion by Council Member Sweeney, seconded by Council Member Travis to approve the March 6th Centennial Fire District payroll expenditures. Motion carried unanimously. VI. SET AGENDA The following items were added to the agenda: • Star Dome • Signage Petition on Brian Drive Motion by Council Member Broussard Vickers, seconded by Council Member Nelson to approve the agenda with noted additions. Motion carried unanimously. VII. PETITIONS AND COMPLAINTS Brian Drive Signage Request Mr. March passed out a petition received from Brian Drive (South of Main Street) residents who are requesting Council's approval for a sign to be posted that would eliminate construction traffic on Brian Drive, South of Main Street. Traffic could be re- routed to Center Street or Eagle Trail through Eagle Pass. The Council discussed the number of homes to be built in the affected areas, the number of homes existing, the weight restrictions, current road conditions and possible damage. Motion by Council Member Travis, seconded by Council Member Nelson to table the Brian Drive request for construction signage until additional information is researched. Motion carried'unanimousty. VIII. UNFINISHED BUSINESS Eagle Trucking The Council reviewed the revised Purchase Agreement for the purchase of Eagle Trucking. Motion by Council Member Broussard Vickers, seconded by Council Member Travis to approve the Purchase Agreement for the purchase of Eagle Trucking. Al! in favor. Motion carried unanimously. 2 • Lift Station #2 —Approval of Plans and Specifications Mr. Peterson indicated there were five bidders and the lowest bidder came in at $84,858. Mr. Peterson recommends rejecting all bids received and conduct a re- bid after the amounts and options have been clearly identified. Motion by Council Member Broussard Vickers, seconded by Council Member Nelson to reject all bids received for the project. All in favor. Motion carried unanimously. • IX. NEW BUSINESS Peltier Lake Drive "No Parking" Mayor Wilharber indicated the City has received numerous letters about the parking issue. Mr. March stated a complaint was addressed at the previous Council meeting. A letter from the City was sent asking for the residents who live along Peltier Lake Drive to offer comment on what their feelings were about the current parking situation. Several ideas were exchanged, including the installation of "No Parking" signs along the entire road or to install "No Parking" on the section of the road near the pond. Currently the road has posted "No Parking" signs on the North side of the road. Elizabeth Wagner of 1525 Peltier Lake Drive agrees with the current "No Parking" signs on the road and feels traffic goes through the area at a higher speed than posted. If speed limits were obeyed, the potential for accidents would be lessened. Mayor Wilharber stated he would be contacting Police Chief Joel Heckman to inform him of the issue and request the police to keep a closer watch on the traffic in that area. Motion by Council Member Nelson, seconded by Council Member Sweeney to eliminate further action regarding parking restrictions on Peltier Lake Drive. All in favor. Motion carried unanimously. Mutual Aid Agreement - Hugo Mr. March gave an overview of the agreement and indicated there were a lot of questions and issues that would need to be added before any action could be taken. Motion by Council Member Broussard Vickers, seconded by Council Member Sweeney to table the Mutal Aid Agreement. All in favor. Motion carried unanimously. Bowen Lot Split The lot split request property is the wetland that exists at the end of Clearwater Creek where the water discharges into Peltier Lake. Three property owners 3 adjacent to the proposed property are splitting the purchase of the property. The ;•. Council motioned to approve the lot split enabling the purchase to be recorded at Anoka County. Motion by Council Member Sweeney, seconded by Council Member Broussard Vickers to approve the Bowen Lot Split. All in favor. Motion carried unanimously. Cable Resolution Mayor Wilharber questioned the length of the contract, and Council Member Sweeney indicated there is currently action being taken within the legislature in regards to franchises. The term of the contract extension be approximately six months. Motion by Council Member Sweeney, seconded by Council Member Nelson to approve the Cable Resolution as stated. All in favor. Motion carried unanimously. Sanitary Sewer Quit Claim Deed Motion by Council Member Sweeney, seconded by Council Member Travis to approve the Sanitary Sewer easement Quit Claim Deed. All in favor. Motion carried unanimously. Staff Attire Request Motion by Council Member Vickers, seconded by Council Member Travis to purchase two shirts per year for staff members in addition to having every Friday be a "casual" attire day. Mayor Wilharber - aye, Council Member Travis - aye, Council Member Sweeney - aye, Council Member Broussard Vickers - aye, Council Member Nelson - nay. Motion carried. Star Dome Council Member Nelson discussed the possibility of the proposed "Star Dome ". Council Member Nelson shared the Centerville City Council had a joint meeting on Saturday March 4 with the Lino Lakes City Council and Anoka County Commissioner Margaret Langfeld and felt positive about the working relationship the City of Centerville currently has with the City of Lino Lakes. In addition, a workshop is scheduled for March 22" at Lino Lakes City Hall, with Michael Vincent, the potential "Star Dome" owner's agent who will present a master concept plan for the dome. Motion by Council Member Nelson, seconded by Council Member Sweeney to move the March 22 11(1 City Council Meeting to March 29 All in favor. Motion carried unanimously. 4 X. CONSENT AGENDA Motion by Council Member Nelson, seconded by Council Member Sweeney to approve the Consent Agenda. All in favor. Motion carried unanimously. Recommendation for filling the Park and Recreation Vacancy Motion by Council Member Nelson, seconded by Council Member Sweeney to appoint Wayne LeBlanc to the Park and Recreation Committee. All-in favor. Motion carried unanimously. XL COMMITTEE REPORTS • Council Member Sweeney stated the Park and Recreation Committee has decided to complete the following projects this summer: park signs surrounded by landscaping, possibly installing park benches and picnic tables for all City parks and Royal Meadows Park will be receiving new playground equipment from the same company used to purchase equipment for Acorn Creek Park. The committee has also forwarded a letter to the City Engineer requesting all future development agreements include a Class 5 Trail in the agreement prior to the home construction. • Council Member Vickers stated the Planning and Zoning Commission has appointed Ban-y Brainard as the seventh commission member and has appointed Brian Hanson as the new Planning and Zoning Commission Chair. The Commission is also continuing to work on Ordinance #4, and is looking at the draft to be completed by May. • The Mayor stated the Tri -City Police Commission would be meeting Thursday, March 9 at 7:00 p.m. Future meeting locations will be rotated throughout the three cities. • The Mayor stated the Rice Creek Chain of Lakes would be taking bids for the trail that will be implemented around Centerville Lake and eventually will encompass thirty -two miles of walking/bilcing trail. A two hundred - person shelter is also being planned at the park along with various other amenities. The Mayor stated John Olson, Anoka County Highway Engineer has reviewed the 20th Avenue and Main Street traffic counts and has expressed a possibility for traffic flow could include 80 Avenue coming across 35E, making that Main Street is almost impossible due to the wetlands and the environmental impact. An option presented by Anoka County at a previous time, was to take County Road 14 and loop it down Centerville Road and across and go back to 20 and come back up. Mr. Olson at that time stated very few people would go through that loop and would just continue going through the City. Council Member Broussard Vickers added, that by the end of the conversation they seemed to sort of give up on the East -West idea, but have not entirely given up the idea of coming down straight and curving the road from Main Street down to Centerville 5 Road and letting traffic keep flowing down Centerville Road to either Birch Street or County Road J to get to County Road E. Motion by Council Member Nelson, seconded by Council Member Sweeney to contact the County and let them know we are not interested in pursuing the dotted line reroute on the traffic map, but would like to have them continue to look at the northerly route at the north end of the City. Mayor Wilharber aye, Council Member Travis — nay, Council Member Nelson — aye, Council Member Sweeney — aye, Council Member Broussard Vickers abstained. Motion carried. XII. ADMINISTRATORS REPORT Mr. March indicated he has been in contact with Rick Carlson, the developer for Deer Pass, who asked about the timeframe for his development. Mr. March would like to know if Council wants to wait until the comp plan amendment is approved before continuing the process for this subdivision or will Council allow Mr. Carlson to work toward plat approval. The Council agreed Mr. Carlson proceed with the comprehensive plan amendment and plat approval at the same time. XIII. ADJOURNMENT Motion by Council Member Sweeney, seconded by Council Member Travis to adjourn the March 8, 2000 Council Meeting at 7:50 p.m. All in favor. Motion carried unanimously. Transcribed by: Aimee Fairbrother 6 t Centennial Fire District 7741 Lake Drive Lino Lakes, MN 55014 (651) 784 -7472 - Office (651) 784 -2427 - Fax March 22 2000 TO: City i Council City of Circle Pines City Council City of Centerville City Council City of Lino Lakes FROM: Milo Bennett SUBJECT: Ratification of expenditures and approval for payment of March expenses. Your approval of February expenses as listed on the attached copy of the check register, checks #12096 — 12129, in the amount of $144,710.33 is hereby requested. Centennial Fire District Page 1 of 1 Check Register DATE CHECK# NAME ACCOUNT AMOUNT 03/21/2000 12096 Hennepin Technical College 42220- Travel,Conference, School 70.00 03/2112000 12097 Hisdahl's 42130- Equipment 628.95 03/21/2000 12098 Rick Mros /Northem Lights 40100 - Logistical 495.00 03/21/2000 12099 Amaco Oil Company 42100 -Fuel and Lube 216.34 03/21/2000 12100 Bumper to Bumper 42000 - Vehicle Maintenance 79.88 03/21/2000 12101 Chief Supply 42260 - Medical Supplies 1,416.48 03/21/2000 12102 Circle Pines Office Products 42180 -Office Supplies 11.89 03/21/2000 12103 Circle Pines Utilities 42251- Station 1 Gas 585.28 03/21/2000 12104 City of Lino Lakes 41000 - Payroll Expenses 31,289.89 03/21/2000 12105 Connexus Energy 42252 - Station 1 Electric 407.73 03/21/2000 12106 Danko Emergency Equipment 42130- Equipment 6,515.17 03/21/2000 12107 Davco Technologies, Inc. 42130 - Equipment 2,584.60 03/21/2000 12108 Deluxe Business Forms 42160- Accounting Services 179.00 03/21/2000 12109 Emergency Apparatus Maintenance 42000- Vehicle Maintenance 4,827.27 03/21/2000 12110 Erickson Storage 42110 -Other Maintenance 780.00 03/21/2000 12111 Fire Marshal Assn. of Minnesota 42200 -Dues and Memberships 35.00 03/21/2000 12112 Frattallone's Hardware 42110 -Other Maintenance 280.12 03/21/2000 12113 Gerry Heroff 40100- Logistical 50.00 03/21/2000 12114 Glen Olson 42110 -Other Maintenance 555.00 03/21/2000 12115 Hennepin Technical College 42220 - Travel,Conference, School 95.00 03/21/2000 12116 Med- Compass, Inc 42150 - Medical Physicals 3,318.00 03/21/2000 12117 National Fire Sprinkler Assn. 42220- Travel,Conference, School 99.00 03/21/2000 12118 Northern States Power 42254 - Station 2 Electric 492.37 03/21/2000 12119 Pagenet 42240 - Telephone 57.75 03/21/2000 12120 Pehl, Hinschberger, Associates, LTD. 42160 - Accounting Services 367.00 03/21/2000 12121 Postmaster 42180 -Office Supplies 99.00 03/21/2000 12122 Reliant Energy Minnegasco 42253- Station 2 Gas 628.09 03/21/2000 12123 Roberts Company, Inc. 42190 -Fire Prevention Supplies 89.34 03/21/2000 12124 Tom Thumb 42100 -Fuel and Lube 34.64 03/21/2000 12125 Twin City Garage Door Company 42110 -Other Maintenance 262.80 03/21/2000 12126 U.S. West 42240 - Telephone 321.29 03/21/2000 12127 Viking Office Products 42180 - Office Supplies 32.15 03/21/2000 12128 Volunteer Firefighters' Benefit Assn. 42200 -Dues and Memberships 236,00 03/21/2000 12129 Toyne, Inc. 11100 - Capital Equipment 8.L.5.7.2.3.0 Total 144,710.33 MEMO DATE : March 23, 2000 TO : Honorable Mayor and Council FROM : Jim March RE : 73` Street Stop Sign Request Included in your packet is a petition that has been received from some residents along 73 street. This petition has been forwarded to the Chief of Police. The petition will be forwarded to the patrol officer working in this quadrant for a traffic review. I am expecting a written recommendation from the police department to be available at the Council meeting. March 12, 2000 MAR 2 G 2010 To whom it May Concern: We are writing you today to bring to your attention a fast growing concern many families, with small child, living on 73 Street have. Due to the great growth of Centerville, traffic has increased tremendously on our street. There is a speed limit, but unfortunately drivers do not always obey the speed limit. We feel that a Stop Sign posted at the corner of Quebec and 73 Street would help slow down the traffic. We have been fortunate that no children have been hurt, and we are petitioning this request so we can address the issue and resolve it before anything does happens. Family G st_ `/26_ 5,24 Address A �� L)0( ,� �j J PLC* V C u cc t �:..! � \ \ 14 13 CC=a r n f e e n eciLrcc/<. /0,8? �Qjvti ct /791? 46 /wA /S -2 2( 2 a_1 \ ( A(A 41 Sea .1/411. Ar / o 731 - MEMO DATE : March 22, 2000 TO : Honorable Mayor and Council FROM : Jim March RE : Brian Drive Construction Traffic Petition At the last Council meeting, a petition was presented that requested that the Council restrict construction traffic from using Brian Drive south of Main Street to access the Center Villa development. This item was tabled to allow Council to view the amount of remaining area to be developed in the Eagle Pass subdivision. Traffic would have to either be routed from Main Street to Dupre Road through the Eagle Pass subdivision or on Center Street to Dupre Road to Pioneer Lane to Eagle Trail through the Eagle Pass subdivision. City Engineer Tom Peterson was going to be in contact with the developer and will provide the estimated timeline for developing the second phase of infrastructure in the Center Villa subdivision. When Eagle Trail is extended to the east in the Center Villa subdivision, construction traffic could access the site off of 20` Avenue. MAR 6 2000 March 5, 2000 Centerville City Council, This petition is to restrict construction traffic on Brian Drive south of Main Street. As I went door to door to collecting signatures of residents of Brian Drive South no one was opposed to the restriction. Everyone thought it made good sense to route heavy traffic through Eagle Pass or Center Street, which can handle the heavy loads. Brian Drive is a weight restricted road and we feel that re- routing the construction traffic would preserve the quality of the road structure of Brian Drive. When this petition is approved, please erect a sign stating a No Construction Traffic at the intersection of Brian Drive and Main Street Sincerely, Kevin Fogarty This is a petition to ask the City of Centerville, to restrict construction traffic on Brian Drive, south of Main Street. -yore z ,at, ,biz Ves-figea 70 Si ln),ls0- 70944 10 felersel- 20i(0 ok Jh, `Mgt I LkilktYlAi 1 reirrasten 7cii &AA.) 1z,. g eiL yegt seL,_ k god, V r. 08 five 0 r U O . 70 �Z 5 ' -- OJT let 3 1A4,, LQ 760 grto - Oft X033 gfr1 a ag i t 7Y 05, ` - a 04 e� 7 b 8 f ah Or MEMO DATE : March 24, 2000 TO : Honorable Mayor and Council FROM : Jim March RE : Hunter's Crossing Preliminary Plat Included in your packet is the preliminary plat review checklist for Hunter's Crossing. This form has been updated and is the first time that we have used this document to internally examine a preliminary plat since I have been with the City. Also included in your packet is a memo from Rick Carlson explaining the additional items that are included in your packet. I have spoke to Dean Johnson and they are working on the comprehensive plan amendment for submission to Met Council. CITY OF CENTERVILLE - PRELIMINARY PLAT REVIEW CHECKLIST INFORMATION TO BE PROVIDED PRIOR TO APPLICANT CITY REVIEW 1CCEPTANCE OF PRELIMINARY PLAT APPLICATION REVIEW INCLUDED IN APPROPRIATE NOT SUBMITTAL? APPROPRIATE YIN **************************************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** LOCATION MAP - MINIMUM SCALE 1" =1000' SHOWING: ************************************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** (A) BOUNDARY LINES OF PROPOSED PLAT / (B) EXISTING ZONING OF TRACT AND PROPERTIES WITHIN 350 FEET OF PROPOSED PLAT BOUNDARIES ] 1/ (C) ACREAGE OF PROPOSED PLAT AND ADJACENT / PROPERTIES WITHIN 350 FEET 1. (D) LOCATION, WIDTHS AND NAMES OF ALL EXISTING OR PREVIOUSLY PLATTED STREETS OR OTHER PUBLIC WAYS, SHOWING TYPES OF IMPROVEMENTS, IF ANY, RAILROAD AND UTILITY RIGHT -OF -WAYS, PARKS AND ANY OTHER PUBLIC OPEN SPACES, PERMANENT BUILDINGS, STRUCTURES, EASEMENTS AND SECTION AND CORPORATE LINES WITHIN THE TRACT AND WITHIN 350 FEET OF THE TRACT [) EXISTING DRAINAGE WAY, PONDS, CREEKS, LAKES WITHIN 350 FEET AND FLOW DIRECTION **************************************************************************** * * * * * * * * * * * * ** * * * * * * * * * * * * * * * ** SITE MAP MINIMUM SCALE 1" - 100' SHOWING: **************************************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * *** (A) CONTOURS OF THE SITE, AND PROPERTIES WITHIN 100 FEET OF THE BOUNDARY, AT 2 FOOT INTERVALS (B) CHARACTER AND LOCATION OF NATURAL OR ARTIFICIAL FEATURES EXISTING ON THE LAND WHICH WOULD AFFECT THE LAND WHICH WOULD AFFECT THE DESIGN OF THE SUBDIVISION, SUCH AS WOODED AREAS, DRAINAGE DITCHES, DIRECTION AND GRADIENT OF GROUND SLOPE, EMBANKMENTS, RETAINING WALLS, BUILDING, OR NON - RESIDENTIAL USAGE OF LAND WITHIN 100 FEET OF PROPOSED SUBDIVISION BOUNDARY r �/ (ry� ND ADDRESSES OF OWNERS OF PROPERTY (AS `'^aO B� "" ' � 'OWN ON COUNTY TAX RECORDS) WITHIN 350 FEET OF 4 a�ECJ 4.dxa' PROPOSED SUBDIVISION BOUNDARY (D) EXISTING AND PROPOSED STREETS AND RIGHTS -OF -WAY, INCLUDING WIDTHS AND PURPOSES WITHIN 350 FEET OF 7 / PROPOSED SUBDIVISION BOUNDARY y V -1- - **************************************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** INCLUDED IN APPROPRIATE NOT SUBMITTAL? APPROPRIATE Y/N *************************************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** (E) EXISTING AND PROPOSED EASEMENTS, INCLUDING Jet Allik WIDTHS AND PURPOSES WITHIN 350 FEET OF PROPOSED SUBDIVISION BOUNDARY it) Al N (F) UTILITIES, INCLUDING SIZE, CAPACITY, AND LOCATION OF SANITARY SEWERS, STORM SEWERS, DRAINAGE FACILITIES, WATER LINES, GAS MAINS AND POWER LINES WITHIN 100 FEET OF PROPOSED SUBDIVISION BOUNDARY !/ (G) AREAS SUBJECT TO PERIODIC OVERFLOW OF FLOOD OR STORM WATERS WITHIN 100 FEET OF THE PROPOSED SUBDIVISION BOUNDARY y (� (H) TRACT BOUNDARY LINES BY CALCULATED DISTANCES AND BEARINGS (I) TITLE, GRAPHIC SCALE, NORTH ARROW, AND DATE / 1/ **************************************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUBDIVISION PLAT - MINIMUM SCALE 1" - 100' SHOWING: **************************************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * *** (A) PROPOSED SUBDIVISION DRAWN ON AN OVERLAY OF THE TOPOGRAPHY (B) PROPOSED NAME OF THE SUBDIVISION, WHICH SHALL NOT DUPLICATE THE NAME OF ANY PLAT THERETOFORE RECORDED IN THE COUNTY Y /� (C) LOCATION BY SECTION, TOWN & RANGE, OR BY OTHER LEGAL DESCRIPTION Y // (D) NAMES AND ADDRESSES: OWNER: etchard 5. C /, s .. 7L. / ,I pe - Fri < O MIY SSi137.- SUBDIVIDER: PLANNER OR PLANNING CONSULTANT: NA SURVEYOR THAT PREPARED PLAN: Ma-F{- e + CN rw4 ✓;w 767 -2- **************************************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** INCLUDED IN APPROPRIATE NOT SUBMITTAL? APPROPRIATE Y/N **************************************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** (E) STREET PATTERN, INCLUDING THE NAMES (WHICH SHALL CORRESPOND WITH THE CITY STREET NAME SYSTEM AND SHALL NOT DUPLICATE EXISTING lief _ r a STREETS WITHIN THE CENTENNIAL FIRE DISTRICT UNLESS IT IS AN EXTENSION OF AN EXISTING STREET), WIDTHS OF RIGHT -OF -WAY OF STREETS, APPROXIMATE LENGTH OF STREETS AND WIDTHS OF EASEMENTS FOR Y ALLEYS. IDENTIFY FROM COMPREHENSIVE PLAN: MINOR ARTERIAL STREET (66 FOOT R.O.W.) 1. 2. 3. LOCAL COLLECTOR STREET (60 FOOT R.O.W.) 1. 2. 3. (F) INDICATION OF PROPOSED STORMWATER RUNOFF THROUGH USE OF ARROWS OR NOTES // D G) DOCUMENTATION THAT THE PROPOSED STORMWATER .J e,( (1 PLAN IS IN ACCORDANCE WITH THE COMPREHENSIVE U , PLAN AND RICE CREEK WATERSHED APPROVAL N fWD �(,�' jf e (H) LAYOUT OF LOTS, INCLUDING DIMENSIONS, SQUARE U FOOTAGE, NUMBERS, BUILDING SETBACK LINES OR ) FRONT YARD LINES, LOCATION AND WIDTHS OF , J jaat EASEMENTS /11 (I) FLOOD PLAIN IMPINGEMENT BEFORE AND AFTER GRADING -, 7 ✓ ✓ (J) MINIMUM HOUSE AND GARAGE PAD ELEVATION RELATIVE TO CITY FLOOD ORDINANCE Al (K) LOCATION AND AREA OF PARCELS OF LAND TO BE DEDICATED OR RESERVED FOR SCHOOLS, PARKS, PLAYGROUNDS, OR OTHER PUBLIC OR COMMUNITY USES )./ // (L) LEGEND, NOTES, GRAPHIC SCALE, NORTH ARROW, 1 / AND DATE d -3- **************************************************************************** * * * * * * * * * * * * * * * * * * * * * * * ** ** * * ** INCLUDED IN APPROPRIATE NOT SUBMITTAL? APPROPRIATE Y/N **************************************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** N GINEERING PLANS - PRELIMINARY TO BE SUBMITTED WITH PRELIMINARY PLAT. FINAL PLANS TO BE PREPARED BY CITY ENGINEER **************************************************************************** * * * * * * ** * * * * * * * * * * * * * * * * * * * * * ** (A) PRELIMINARY GRADING PLAN j / (B) PRELIMINARY UTILITY LAYOUT Y (/ (i) LOCATION AND INVERT OF PROPOSED SANITARY SEWER 1/ (ii) LOCATION AND INVERT OF PROPOSED STORM SEWER AND CATCH BASINS. WITH BACKYARD v • DRAINAGE INDICATED BY ARROWS f (� (iii) PROPOSED STREET GRADES EVERY 100 FEET (iv) LOCATION OF SIDEWALKS/TRAILS /t) 'w^ , di2,, y ' (v) LOCATION OF PROPOSED WATER DISTRIBUTION SYSTEM INCLUDING MAIN, AND SERVICE LINE SIZING, VALVES, HYDRANTS, PRESSURE VALVES, AND APPURTENANCES (vi) VERIFICATION OF COMPLIANCE WITH MASTER PLANS, AND REQUEST FOR PARTICIPATION IN OVER SIZING COSTS SANITARY SEWER - COMPLIES WITH PLAN? OVERSIZED LINES (> 8 INCHES) NUMBER OF FEET OF 10" NUMBER OF FEET OF 12" NUMBER OF FEET OF 15" STORM SEWER - COMPLIES WITH PLAN? WATERMAIN - COMPLIES WITH PLAN? OVERSIZED LINES (> 6 INCHES) NUMBER OF FEET OF 8" NUMBER OF FEET OF 10" NUMBER OF FEET OF 12" **************************************************************************** * * * * * * * * * * * * * * * * **** * * * * * * * ** ** RESTRICTIONS **************************************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** (A) SUBMIT DRAFT OF ANY PROTECTIVE COVENANTS OR PRIVATE RESTRICTIONS TO BE INCORPORATED INTO / THE FINAL SUBDIVISION PLAT ] -4- RICHARD S. CARLSON & ASSOCIATES 7671 Central Avenue * Fridley, MN 55432 * (612) 786 -1218 Fax (612) 786 -1219 March 15, 2000 Mr. Jim March City Administrator City of Centerville 1880 Main Street Centerville, MN 55038 Dear Mr. March, Here is a list of the copies that 1 have enclosed for the March 29th Council meeting. I. Purchase and Sale Agreement. 2. Declaration of Covenants, Conditions, and Restrictions. 3. Declaration of Restrictions and Covenants for Replacement Wetland. 4. ' es • • - to conditions of Planning and Zoning. Thank you, RSC:ce enclosure w • Richard S. Carlson and Associates, L.L.P. 7671 Central Ave. NE Fridley, MN 55432 Dated: • ARTICLE I: PURCHASE AND SALE For o and in consideration of the premises, undertakings, and mutual covenants of the parties set forth herein, Seller hereby agrees to sell and convey unto Purchaser and Purchaser hereby agrees to buy and pay for that Y y g y p y o the certain real property situated in Anoka County, Minnesota, legally described as: LOT , BLOCK , Hunters Crossing, Anoka County, Minnesota ARTICLE IL: PURCHASE PRICE 2.1 The Purchase Price for the Property shall be and no/100 Dollars ($ ) hereinafter the "Purchase Price ". 2.2 The Purchase Price for the Property shall be payable as follows: (A) Five hundred and no /100 Dollars ($500.00) as Earnest Money, the receipt of which Seller • acknowledges. (B) and no /100 Dollars ($ ) Cash, at Closing. (C) and no /100 Dollars ($ according to the terms and conditions of the Promissory Note secured by Purchase Money Mortgage (copy attached as Exhibit A), interest on the principal balance shall continence on and accrue from the date of closing, at the rate of ten (10 %) percent per annum with payments as follows: All accrued and unpaid interest shall be paid three (3) months front the date of closing. Six (6) months after the date of closing, the then remaining principal balance plus accrued interest shall be due and payable in full. All or any part of the principal balance may be prepaid at any time without penalty. ARTICLE III: CLOSING 3.1 The consummation of the purchase and sale contemplated hereby (herein referred to as the "Closing ") shall be held on or before 3.2 At the Closing, the following shall occur: Purchaser shall deliver to Seller the following: (A) Additional cash pursuant to Section 2.2 (8). (B) Promissory Note and Purchase Money Mortgage fully executed and acknowledged. (C) Special assessment obligations and real estate tax obligations assumed by the purchaser pursuant to Article V. ARTICLE IV: RELEASE OF LOTS 4.1 Purchaser shall be entitled to the release of Lot by Seller's execution and delive ry to Purchaser of a Satisfaction of Mortgage subject to those matters set forth subject rth below and upon the following terms and conditions: Purchaser is not in default under any of the (A ) y terms, covenants or conditions of the Purchase Money Mortgage. (8) Purchaser pays to seller for Lot to be released the sum of $ plus any unpaid and accrued interest. ARTICLE V: TAXES AND ASSESSMENTS 5.1 Real estate taxes due and payable in 20 shall be paid 1I2ths by the Seller and /l2ths by the purchaser, and Purchaser shall pay real estate taxes due and payable in 20_ and subsequent years, including special assessments payable therewith except as herein provided. Pages Page 1 of 6 Pa g !; 5.2 At the time the Lot is released pursuant to Article 4, Seller shall pay or escrow the balance due on special assessments levied or pending as of the date of the Purchase agreement for the Lot released. ■ ARTICLE VI: POSSESSION 6.1 Purchaser shall not be entitled to continence construction of any improvements whatsoever on the Lot until: (A) Purchaser has delivered to seller evidence of the maintenance of the insurance referred to in Paragraph 7.2 (K), hereof. (B) Purchaser evidences that Purchaser is not in default in any of its undertakings or obligations to Seller. (C) House plans have been approved by the Architectural Control Conunittee. (D) Purchaser acknowledges and approves of the Declaration of Covenants, the development plan, grading plan and certificate of survey, and Declaration of Restrictions and Covenants for replacement wetlands. ARTICLE VII: REPRESENTATIONS AND WARRANTIES OF SELLER & PURCHASER 7.1 Seller represents and warrants to Purchaser as follows: (A) This Contract is valid and binding upon Seller in accordance with its terms. (B) Seller has the authority and power to enter into this Contract and to consummate the transaction contemplated. (C) That the Seller will convey good marketable fee simple title to the Property, free and clear of any and all liens, mortgages, pledges, security interests, leases, charges, encumbrances, joint ownerships, or restrictions of any kind, except for Permitted Title Exceptions. (D) Seller represents and warrants that to Seller's best knowledge and belief there is no litigation, proceedings, claim or investigation pending or threatened, and there is no contract or agreement to which Seller is currently a party which, at or after Closing, would adversely affect the Property or might result in a materially adverse effect on the Property. (E) Seder represents and warrants that the Property is now zoned for single- family use, Single Family Residential District. (F) Seller shall install, at Seller's sole expense, the storm sewer, sanitary sewer, water, gas, electricity and telephone lines, blacktop streets, street curbs and sidewalks, if required, within dedicated right -of- ways and easements providing service to the Lot line. Purchaser understands that as of the date of this Purchase Agreement the improvements may not be in place but that the Seller shall make a reasonable effort to have them installed in a timely manner. Purchaser specifically acknowledges that Seller shall not be obligated and Purchaser shall be responsible for all other charges in connection with the furnishing of utilities, including but not Limited to, SAC, WAC and all other city fees and permit fees required by the City of Centerville. Purchaser shall be responsible for hook -up of utility service. 7.2 Purchaser represents and warrants to Seller as follows: (A) That Purchaser has the authority and power to enter into this Contract and consummate the transaction contemplated hereby, and neither the execution or delivery of this Contract by Purchaser nor its performance by Purchaser will conflict with or result in a violation or breach of any law, regulation, order, writ, or injunction or any court or govemmental agency. (B) It is expressly understood and agreed that Seller makes no representation or warranties (express or implied) to Purchaser as to the fitness or condition of said Lot for improvements, except if in the process of excavating said Lot for normal and customary single - family footings, using a smooth bucket backhoe only, and provided said excavation is consistent with the Development Plan and provided said footings conform to the designed "House -Pad" and the Purchaser discovers soil conditions unacceptable for the placement of said footings on the designed "House- Pad ", then the Purchaser shall immediately notify the Seller in writing of same and the Seller shall have the option in its sole discretion to either: Page 2 of 6 Pages (1) Satisfactorily correct the objectionable soil conditions to the Purchaser's satisfaction; or (2) if available, offer to exchange another Lot of similar or equal value; or (3) refund to Purchaser all monies expended by Purchaser to date thereof with respect only to the Lot Release Price paid for said Lot, less any deposit consistent with the terms of his contract. It is hereby stipulated and agreed that the Purchaser forever releases the Seller from any and all claims and liability with respect to the soil condition of any Lot upon which the Purchaser causes to be constructed any house footings or any improvements thereon; (C) Purchaser acknowledges that it is aware that excavation and construction activity on or near the Lot may destroy or damage existing trees. The Seller makes no representation or warranty as to the survivability of existing trees. (D) Purchaser acknowledges its obligation to dispose of dead, diseased and displaced trees and shrubbery from the Lot in a timely manner and consistent with all governmental regulations. Purchaser further acknowledges and accepts responsibility for compliance with the City of Centerville Tree Ordinance. Seller makes no representation regarding the physical condition of existing trees. (E) Purchaser acknowledges that the Seller makes no warranty or representation in regard to die water level to be maintained in any pond or waterway on or near the Lot, nor does the seller make any representation in regard to the ownership or maintenance of any such pond or waterway. (F) Purchaser acknowledges that no dredged or fill material may be placed into waters, wetlands or drainage easements and no cutting, removing, or burning of vegetation will be allowed within the easements without the written approval of the Corps of Engineers, Minnesota Department of Natural Resources, relevant Watershed District, and City of Centerville. (G) Purchaser shall construct a single- family detached home on the Lot pursuant with the Drainage, Grading, and Development Plan, approved by the City of Centerville. Purchaser agrees to indemnify and hold the Seller harmless from any problems created by improper grading of the Lot. Purchaser acknowledges that it shall be Purchaser's obligation to pay all utility hook -up charges, as well as sewer and water connection availability charges, charged by any utility or by the municipality; (H) Purchaser agrees to assume responsibility for erosion control as of the Date of Closing, Purchaser agrees to exercise prudent control over the water and/or wind erosion of the soil during and after the construction period. In the event the City requires clean -up or erosion control measures to be implemented, it shall be the responsibility of the Purchaser to accomplish the same, within 7 days notice by developer, or reimburse Seller, for monies expended on behalf of the Seller to satisfy City requirements; (I) That the Purchaser shall be solely responsible for the following items prior to receiving a Partial Satisfaction of Mortgage: (1) Connect the utility services to the residence constructed on the Property (all utility hook -up charges, as well as sewer and water connection charges, imposed by any utility company, the municipality or the Metropolitan Sewer Commission, shall be paid for by the Purchaser); (2) Landscape and provide site improvements as required by the municipality including, but not limited to, the items specified in (3), (4) and (5) below: (3) Sodding of the entire lot on a minimum of 4 inches of approved top soil up to any erosion fences; Wetlands easements are protected under special provisions of the Corps of Engineers, the Minnesota Department of Natural Resources, relevant Watershed District and City of Centerville and are not to be sodded, encroached upon, changed or damaged. Erosion fences must remain in place until acceptable growth has been established. Buyer /owner may have to on occasion re- seed these areas and after growth is established, dismantle and dispose of erosion fence; (4) Planting of one (1) tree centered in the front yard outside the right of way, of at least 2" in diameter as measured at six inches above grade. Two trees are required on corner lots; (5) A minimum of $1,000.00 new landscaping in the front yard area, (exclusive of tree and sod cost) which shall include no less than ten (10) three- gallon or equivalent size shrubs and one or more of the following: decorative rock, decorative brick, landscape timbers or other edging Page 3 of 6 Pages materials; the Architectural Control Committee in its sole discretion shall have the right to accept or reject any landscape plans; (6) Construct a bituminous or concrete driveway from curb to house; (7) Shape all drainage ways and provide "elevation certificate" which shows the actual elevation of the house, lot corners, and verifying the lowest open elevation, signed by a surveyor registered by the State of Minnesota, evidencing completion of final grading in accordance with any approved Drainage, Grading and Development plan in accordance with the municipality; (8) Adjust the "curb stop box" to the proper elevation (flush with the finished grade elevation and yet exposed); (9) Provide garage and driveway fill, compacting and testing as required; (10) Promptly and accurately replace any Lot comer stakes which are removed or displaced during Purchaser's construction of improvements. Purchaser expressly understands that all Lot corner stakes are to be in place and visible after the sod has been laid and prior to a Certificate of Occupancy being issued by the City of Centerville with respect to the improvements. In the event that the street, curb, in -place utility stubs, wiring or piping in boulevards or streets are damaged during the construction on the Property, Purchaser will repair such damage or reimburse Seller for the cost of repair of said damage if determined to be caused by the Purchaser or its subcontractors; (11) Remove any rubbish, including stumps and brush from the Property; (12) Remove and place excess fill upon other lots or at such location within Seller's development area as Seller directs. if no site is made available buyer will still be required to remove excess fill at buyers expense; (13) Deposit all construction debris in an enclosed container approved by the seller; (J) That in the event any item in Paragraph 7.2(1), is not completed or complied with at the time Seller is requested to provide a Partial Satisfaction of Mortgage to the Purchaser, Purchaser shall enter into an Escrow Agreement, satisfactory to Seller, to escrow with Richard S. Carlson and Associates, L.L.P., the estimated cost to complete the item or items according to the following schedule: 7.2(1 -1): $ -0- 7.2(1 -7): $100.00 7.2(I -2): $ -0- 7.2(1 -8): $100.00 7.20 -3): $750.00 7.20 -9): $100.00 7.2(1 -4): $200.00 7.2(1 -10): $100.00 7.2(1 -5): $1,000.00 7.2(1 -11): $100.00 7.2(1 -6): $1,000.00 7.2(1 -12): $ -0- 7.2(1-13): $100.00 THE RESPONSIBILITY FOR COMPLETION OF THE ITEMS MAY NOT BE ASSIGNED TO A THIRD PARTY ACQUIRING THE PROPERTY FROM THE MORTGAGOR, THE PURCHASER MUST COMPLETE THE REQUIRED ITEMS. NO ESCROW MONIES SHALL BE RELEASED UNTIL ALL ITEMS HAVE BEEN COMPLETED. (1) If the escrow is established during the time period of May 1 thru September 30, the required items shall be completed within 30 days of the date the Escrow Agreement is executed; (2) The required items shall be completed by June 1st if the Escrow Agreement is established during the term period October 1 through April 30. If not completed within the above stated time, Mortgagee may, without notice to Mortgagor, contract for the uncompleted items using the escrow funds. (K) Purchaser shall at all times during the term of the Purchase Money Mortgage procure and maintain at its expense, but for the mutual benefit of seller and purchaser, general liability insurance and workman's compensation insurance. These insurance policies shall cover all claims for personal injuries, wrongful death and property damage occurring in or on the premises sold hereby to the Purchaser. Such insurance is to afford protection to a limit of not less than $500,000.00 in respect to injuries or death to a single person, to a limit of not less than $100,000.00 in respect to property damage. Purchaser shall also procure and maintain at its expense, but for the mutual benefit of Seller and Purchaser, property insurance (builder risk) on said home under construction. These insurance policies shall cover the building under construction, materials and supplies on the premises and the contractor's subcontractor's equipment on the premises from all perils including fire. Page 4 of 6 Pages (L) Purchaser shall not permit or allow any mechanic or any other lien to be filed against said Lot for work or materials furnished to said Lot. if any such liens are filed, the Purchaser: (1) Shall obtain and record a release thereof within thirty (30) days after notice thereof; (2) If Purchaser fails to obtain such a release, Purchaser will (within said 30 day period) deposit with Seller, or Seller's assigns or successors, a sum of money equal to 150% of the amount of said lien filed and not released. If Purchaser fails to either obtain and record the release provided in clause (1) or deposit the money provided in clause (2), the Purchaser will be deemed to be in material default under the Purchase Money Mortgage. (M) Purchaser will defend and indemnify Seller from and against any and all claims, demands, causes of action, liability, injuries, damages, judgements, decrees, fines, penalties, expenses, costs and fees and attorney's fees of whatsoever nature arising out of or in any way connected with any act or omission of Purchaser, its agents or employees, under this Contract with respect to the Lot to be conveyed and released. (N) Purchaser will not assign this Contract or sell said Lot prior to receiving a satisfaction of Mortgage thereof without the written consent of Seller. ARTICLE VIII: SIGNAGE 8.1 Signage shall not be permitted on any Lot, except one model home sign, not exceeding 16 square feet. Purchaser to furnish drawing of proposed sign for Developer's approval. ARTICLE IX: DECLARATION OF COVENANTS 9.1 Purchaser acknowledges receipt of Declaration of Covenants (Exhibit B) and has examined said Covenants. Purchaser hereby accepts and agrees to comply with the standards set forth in Exhibit B, and will guarantee to seller that the Declaration of Covenants, Conditions and Restrictions and Homeowners Letters of Acknowledgment to the developer and the City of Centerville will be signed and approved by future homeowners. ARTICLE X: TITLE EXAMINATION 10.1 Seller shall provide the Purchaser with one Abstract, if requested prior to closing, for the Real Property at its sole cost and expense. The Purchaser shall be allowed ten (10) days after receipt of said abstract for examination of title and the making of any objections thereto, such objections to be made in writing or deemed to be waived. If any objections are so made, the Seller shall be allowed until the date of closing to make such title marketable. If title is not marketable and is not made so on or before the date of closing, this Agreement shall become null and void, at the option of the Purchaser, and neither party hereto shall be liable for damages hereunder to the other party. MI Earnest Money previously paid by the Purchaser shall be refunded. If the title to the said Real Property is found marketable or is made so within said time, and said Purchaser shall default in any of the Agreements and continue to default for a period of ten (10) days, then in that case, the Seller may terminate this Agreement and retain all Earnest Money as liquidated damages. ARTICLE XI: COMMISSION 11.1 Seller and Purchaser hereby agree to indemnify and to hold each other harmless from any alleged claim for any Commission that may be claimed by any third party through either of them against the other party. ARTICLE XII: TERMINATION AND REMEDIES 12.1 PURCHASER'S REMEDIES: If Seller defaults in perforating any of Seller's closing obligations under the terms of this Contract on the Closing Date for any reason, other than Purchaser's default, Purchaser shall be entitled to a full refund of all Earnest Money paid hereunder as its sole and exclusive remedy. 12.2 SELLER'S REMEDIES: If Purchaser defaults in performing any of Purchaser's closing obligations under the terms of this Contract on the Closing date for any reason other than Sellers default, Seller shall be entitled to terminate this Contract, or enforce specific performance of this Contract, or bring a suit for damages incurred by Seller as a direct and proximate result of such default by Purchaser. The remedies herein are in addition to, and not in limitation of, Sellers remedies as stated in paragraph 7.2(M) herein. ARTICLE XIII: MISCELLANEOUS Page 5 of 6 Pages l 13.1 Subject to performance by the Purchaser, the Seller agrees to deliver a Warranty Deed (to be joined in by spouse, if any), conveying marketable title to said premises subject only to the following exceptions: (A) Building and zoning laws, ordinances, State and Federal regulations. (B) Restrictions relating to use and improvement of premises without effective forfeiture provision. (C) Reservation of any minerals or mineral rights to the State of Minnesota. (D) Utility and drainage easements which do not interfere with present improvements. (E) Rights of tenants: (unless specified, not subject to tenancies). 13.2 The Seller certifies that the Seller does not know of any wells on the property. The Seller certifies that the Seller does not know of any private sewer system on the property. 13.3 This Contract embodies the entire written agreement between parties and cannot be waived or amended except by a written agreement executed by Seller and Purchaser; and neither party has relied upon any verbal or written representations, agreements, or understandings not set forth herein, whether made by any agent or party hereto. It is understood and agreed that this sale is made subject to the approval by the owner of said premises in writing. 13.4 The representations, warranties, and covenants of the Seller and Purchaser herein contained shall survive the Closing and shall not be merged into the Closing. 13.5 Nothing contained herein shall be construed to create a relationship between parties hereto as joint ventures or partners or to create any other relationship between parties other than that of "Seller" and "Purchaser ". • IN WITNESS WHEREOF, This Contract has been signed and sealed on the day and year first above written. SELLER: PURCHASER: Richard S. Carlson and Associates, L.L.P. By: By: Richard S. Carlson Title: its General Partner Title: Date: Date: AGENT THIS IS A LEGALLY BINDING CONTRACT, IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. (1/18/00) Page 6 of 6 Pages r • .. A L Mattke Engineering, Inc. N 7671 Central Ave. N.E. • Fridley, Minnesota 55432 • (612) 783 -0300 F ebruary 29, 2000 Richard S. Carlson & Associates, Inc. 7671 Central Avenue NE Fridley, MN 55432 re: response to conditions of Planning and Zoning Dear Mr. Carlson: 1. Corner lot pads near Centerville Road do not appear wide enough: This project is a PUD, so setback is whatever is approved. We believe a 65 foot pad is adequate, so this allows a 10 foot side -yard setback and a 30 foot side -yard setback toward Centerville Road, which we would Tike stipulated. As we are providing the requested 60 feet of Centerville Road right -of -way, Anoka County Highway Department has indicated that it does not care what the setback is from Centerville Road. Jim March indicated that with a PUD, the setback is whatever is approved. 2. Square footages of upland and lowland for Lots 9 -17, Block 1, and Lots 3 -11, Block 2: Upland Area (SF) Lowland Area (SF) Block I Lot 9 22,172 12,223 Lot 10 15,947 2,251 Lot 11 14,361 3,357 Lot 12 13,444 5,658 Lot 13 17,782 10,586 Lot 14 17,459 6,934 Lot 15 13,669 4,485 Lot 16 13,890 3,660 Lot 17 17,213 9,699 Block 2 Lot 3 13,769 4,963 Lot 4 12,687 8,650 Lot 5 12,839 12,279 Lot6 12,574 15,089 Lot 7 13,242 15,552 Lot 8 14,156 15,180 Lot 9 13,782 15,971 Lot 10 13,578 14,980 Lot 11 16,957 21,576 3. The entrance road location (into the project) has been staked for review by neighbor concerned about lights. Residential & Commercial Development • Land Surveying Hydrology • Water Resources • Municipal 4. Mr. Wilharber has been corres rovided correspondence with RCWD and COE that demonstrates P P that this project will cause no significant changes to the drainage on his land, 5. We have applied for all required permits, including RCWD. 6. All Bonestroo comments have been addressed in revised grading plan. 7. Paul Paulser comments: 1,2. The project will be PUD, so no variance is required. 3. The street names do not come from the approved list, and many of the listed names are considered politically incorrect. We prefer the proposed street names, but will bow to the City's desires if necessary. 4. RCWD permit is in the process. 5. Discussion with the County revealed that we will have to construct the trail across the St. Paul Waterworks property and then north on Park property to connect with their trail. Construction cost will be paid for by Richard S. Carlson & Associates. 6. Baumann are aware that they will have to connect to sewer. Please let me know if there are any other issues that need to be resolved. Sincerely Tedd W. Mattke DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS THIS DECLARATION, made this th day of by Richard S. Carlson and Associates, a L.L.P. organized and existing under the laws of the State of Minnesota (hereinafter referred to as the "Declarant ") WITNESSETH: WHEREAS, Declarant is the owner of the real property described on Exhibit "A" attached hereto and by this reference incorporated herein for all purposes, and desires to create thereon a residential community for the pleasure, recreation, and general benefit of the residents of said community; and WHEREAS, Declarant is desirous of establishing certain minimum standards, for the development of a residential development or developments located in the City of Centerville, County of Anoka, State of Minnesota, described on Exhibit "A ", attached hereto and made a part hereof, to ensure proper use and appropriate development and improvement of each residential site therein contained as to: (a) Protect the Owners of Lots against such improper use of such surrounding buildings and Lots as will depreciate the value of their property. (b) Guard against the erection thereon of structures constructed of improper or unsuitable materials. (c) Ensure adequate and reasonable development of said Property. (d) Encourage the erection of attractive improvements appropriately located to prevent inharmonious appearance and function. (e) Provide adequate setbacks, off - street parking; and, (f) In general, to benefit and burden the Lots for the purpose of facilitating the development and maintaining the desired tone of the community and thereby securing to the Owner of each Lot the full benefit and enjoyment thereof with no greater restriction on the free and undisturbed use of the Lots than is necessary to ensure the same advantages to the other Lots which are subject to the terms of this Declaration. (Letters (a), (b), (c), (d), (e), and (f) above are sometimes hereinafter collectively called the "Criteria for Standards") WHEREAS, Declarant desires to provide for the preservation of the values and amenities in said community and to this end desires to subject the real property described on Exhibit "A" to the covenants, restrictions, easements, charges, and liens hereinafter set forth, each and all of which is and are for the benefit of said Property and each Owner thereof NOW, THEREFORE, in consideration of the premises, the Declarant hereby declares that the real property described on Exhibit "A" shall be held, transferred, sold, conveyed and occupied subject to the conditions, restrictions, easements, charges and liens hereinafter set forth, which covenants, restrictions and easements shall run with the real property described on Exhibit "A" and be binding on all parties having any right, title, interest in the hereinafter described properties or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each Owner thereof. ARTICLE I Definitions 1.1 Definitions The following words, when used in this Declaration, shall have the following meanings: (a) "Declarant" shall mean and refer to Richard S. Carlson and Associates, a L.L.P. organized and existing under the laws of the State of Minnesota, its successors and assigns. (b) "Developer" shall mean and refer to the Declarant. (c) "Development Agreement" shall mean and refer to the Development Agreement between the Declarant and the City of Centerville as the same may be amended or modified by the City of Centerville from time to time. (d) "Living i Init" shall mean and refer to a residential housing unit consisting of a group of rooms and hallways and attached garage which are designed and intended for use as living quarters for one family and located or to be located upon one Lot. (e) "Jot" shall mean and refer to any tract or parcel of land designated as a Lot shown upon any recorded plat or subdivision map of the Property with the exception of any tracts or parcels designated as Outlots. (f} "Mortgage" shall mean refer to any mortgage or other security instrument by which a Lot, or any part thereof, or any structure thereon, is encumbered. (g) Mortgagee shall mean any person or entity named as the mortgagee under any Mortgage, or any successors or assigns to the interest of such person or entity under a Mortgage. (h) "Owner" shall mean and refer to the record Owner, whether one or more persons or entities, of a fee simple title to any Lot (excluding, however, contract sellers and including in place thereof their contract purchasers) and excluding any person having such interest merely as security for the performance of an obligation. (i) "Private Driveway" shall mean and refer to access driveways from public streets to the Livin g Unit. 2 r (j) "Private Yard Area shall mean and refer to that portion of a Lot not covered' by a Living Unit or by a Private Driveway. (k) "Property:. shall mean and refer to all the real property subject to this Declaration, all of which is more fully described on Exhibit "A" attached hereto and by this reference incorporated herein for all purposes. (I) "Special Common Areas" shall mean any real property in which Developer shall have reserved certain exclusive and/or nonexclusive easements, rights or obligations for itself and/or specific Owners as more fully described in this Declaration. ARTICLE II Easements 2.1 Easements. In addition to the easements, covenants, restrictions and conditions concerning architectural and exterior controls, all Lots shall be subject to easements and covenants hereinafter specifically described for the benefit of the Property or for the limited benefit of specified adjoining Lots, all as more fully set forth hereinafter in this article. 2.2 l e - • • , • • n - • •. Each lot over which a public utility easement has been dedicated, as shown on the recorded plat or individual lot survey of the property, shall be subject to a right and easement for underground general utility purposes over that portion of such Lot which is burdened with such dedicated public utility easements. Such utility purposes shall include, but not be limited to, sewer, water, electrical, cable television and telephone purposes, including the right to build, construct, reconstruct, rebuild, repair, maintain and operate underground sewer, water, electrical mains and telephone cables, and any surface connections to such underground mains,_along with the right to enter upon and open the ground for such purposes, providing that all such openings shall be filled and the surface restored to its former condition. All such utility easements shall run in favor of and inure to the benefit of any and all public authorities or utility companies maintaining or operating any utility facility upon such easement area. 2,3 Drainage Easements. Easements for drainage of surface waters have been dedicated in the plat of the property. No Owner shall interfere with or disturb the elevation of a Lot or take any other action which interferes with the drainage of surface water over and through the dedicated drainage easements. 2.4 Wetland Easements. No dredged or fill material may be placed into waters or wetland easements and no cutting, removing, or burning of vegetation will be allowed within the easements without express written approval of U.S. Army Corps of Engineers, DNR, watershed districts or City of Centerville. Refer to Declaration of Restrictions and Covenents for replacement wetlands recorded with Anoka county. Copy attached as exhibit B. 2.5 Trails or Sidewalks. Trail or sidewalks may be installed in lot easements. 3 ARTICLE 111 Approval By Architectural Control Committee Prior to Construction 3.1 Purpose and Authority. In order to maintain the Criteria for Standards, to prevent the impairment of the attractiveness of the individual Lots and to maintain the desired tone of the residential community, and thereby secure to each Owner the full benefit and enjoyment of his Lot with no greater restriction on the free and undisturbed use of a Lot than is necessary to ensure the same advantages for the other Owners, an Architectural Control Committee is hereby established. 3.2 Membership. The Architectural Control Committee (hereinafter referred to as "Committee ") shall be composed of 1 or more individuals appointed by the Declarant, and shall remain in existence until such time as all of the Lots affected by this Declaration have been sold and residential dwellings have been constructed upon said Lots or until December 31, 2010, whichever occurs first. In the event of a death or resignation of any member of the Committee, the remaining members shall have full authority to designate a successor. Neither the members of the Committee, nor its designated representatives shall be entitled to any compensation for services performed pursuant to this covenant. At any time after all of the Lots affected by this Declaration have been sold to Owners who reside in dwelling constructed on the Lots, the said Owners of a majority of the Lots affected by this Declaration shall have the power through a duly recorded written instrument to change the membership of the Committee or to withdraw from the Committee or restore to it any of its powers and duties. The initial composition of the Committee is as follows: Richard S. Carlson, General Partner Coreen Elwell, Office Manager Richard S. Carlson and Associates, L.L.P. Richard S. Carlson and Associates, L.L.P. 7671 Old Central Ave. N.E. 7671 Old Central Ave. N.E. Fridley, MN 55432 Fridley, MN 55432 3.3 Procedure. Before commencing any permanent improvement on or to any of the described Lots, the Owner shall first submit a site plan and plans and specifications for the written approval of the Architectural Control Conunittee. The Committee shall not be enticed to charge a fee for review of plans. The Committee's approval or disapproval shall be within 10 days. In the event the Committee or its designated representative fails to approve or disapprove within 10 days after plans and specifications have been submitted to it, or within said 10 -day period submit the issue to arbitration as hereinafter provided, approval will be deemed granted. The Architectural Control Committee shall take into consideration the planned location of the proposed improvement, its conformity and harmony of external design with existing or planned improvements to the Property, and the location of the improvement with respect to topography and finished ground elevation. Conformity by the Owner with such requirements as may be imposed by the City of Centerville in connection with the issuance of a building permit for the Lot shall not create a presumption that such planned improvement is compatible and in harmony with the existing or planned development of other Lots. Conformity by the Owner with 4 such requirements as may be imposed by the Architectural Control Committee in connection with the issuance of Committee approval shall not create a presumption that such planned improvement is in accordance with such requirements as may be imposed by the City of Centerville in connection with the issuance of a building permit upon the Lot. In the event the approval of the Committee is not obtained within the 10 -day period and a dispute exists between an Owner and the Committee in regard to a proposed improvement requiring Committee approval, the matter shall be determined by arbitration in the following manner: (a) Either party may, by written notice on the other within the 10 -day period required for approval or disapproval of plans and specifications, appoint an arbitrator, which appointment shall be noted in writing to the other party. The other party shall, by written notice within 5 business days after receipt of such notice by the first party, appoint a second arbitrator, and in default of such second appointment, the first arbitrator appointed shall be the sole arbitrator. (b) When 2 arbitrators shall have been appointed as hereinabove provided, they shall, if possible, agree on a third arbitrator and shall appoint him by written notice, signed by both of them, with a copy mailed to each party herein, within 5 business days after such appointment. (c) In the event 5 business days shall elapse after the appointment of the second arbitrator without notice of appointment of a third arbitrator as hereinabove provided, then either party or both may, in writing, within 10 days after the original appointments, request the Chief Judge of the District Court of the County of Anoka, State of Minnesota, to appoint the third arbitrator. (d) On appointment of 3 arbitrators as hereinabove provided, such arbitrators shall hold an arbitration hearing, at such place as they may designate and within 30 days after such appointments. At the hearing, the rules of evidence of the State of Minnesota shall apply and the 3 arbitrators shall allow each party to present its case, evidence and witnesses, if any, in the presence of the other party, and shall render their decision, including a provision for payment of costs and expenses of arbitration to be paid by one or both of the parties hereto as the arbitrators deem just. Any costs and expenses charged to the Committee shall be paid by the Association. (e) The decision of the majority of the arbitrators shall be binding on the parties hereto. ARTICLE IV Restrictions Applicable to Lots 4.1 No Lot shall be used except for residential purposes; no Living Unit shall be erected, altered, placed or permitted to remain on any Lot other than one single - family dwelling, not to exceed 2 stories in height, at front elevation, and an attached garage for at least 2.5 cars, and on- site parking spaces to accommodate at least 2 cars. No garages shall be erected on any site 5 except attached garages, and no attached garage for more than 3 cars shall be permitted without the express written approval of the Architectural Control Committee. Also permitted, subject to approval of the Architectural Control Committee, adjacent property owners, and city authority, are auxiliary storage buildings compatible with the residential use of the Lot. 4.2 No Lot shall be subdivided or split by any means whatsoever into any greater number of residential Lots, nor into any residential plots of smaller size, without the express written consent of the Developer and the City of Centerville. 4.3 All uses of the Lots shall, as a minimum, comply with the Development Agreement and with the zoning and other applicable ordinances and regulations of the City of Centerville. The standards herein contained shall be considered as requirements in addition to said Development Agreement and zoning and other applicable ordinances and regulations. 4.4 Minimum size of Dwelling and etback Provisions. No living unit shall be erected, altered, placed or permitted to remain on any lot unless unit contains adequate square footage of finished living area located above grade level, to conform to the minimum standards of the City of Centerville for R.S. development. No home shall be built on any Lot that does not meet the size requirements contained in the building codes of the City of Centerville and the following minimum values shall be maintained at the sole discretion of the Developer. Minimum $200,000 Minimum setbacks shall be maintained consistent with the ordinances of the City of Centerville. Notwithstanding the minimum setbacks as established by said ordinances, the Architectural Control Committee shall have the right to further restrict setbacks, taking in consideration necessary buffers and berms and further taking into consideration its obligation to maintain the Criteria for Standards. 4.5 Landscape Requirements. In order to preserve the uniform and high standard appearance of the property, the following minimum requirements shall apply to each Lot: (a) Sodding of the entire lot on a minimum of Four (4) inches of approved top soil up to any erosion fence, wetland easements are protected under special provisions of the Corps of Engineers, DNR, Watershed District and City of Centerville, and are not to be sodded, encroached upon, changed or damaged. Erosion fence must remain in place until acceptable growth has been established. Buyer, Owner, may have to on occasion re -seed these areas and when growth is established, dismantle erosion fence and disperse of same. (b) A minimum of $1,000.00 new landscaping in the front yard area, (exclusive of tree and sod cost). (c) Planting of one tree minimum 2" caliper, 6" above grade located outside of right of way in front yard area. Two trees are required on corner lots. 6 f Notwithstanding the minimum Landscaping requirements, the Architectural Control Committee, in its sole discretion, shall have the right to accept or reject any landscaping plan. 4.6 In order to preserve the uniform and high standard appearance of the property, each owner undertakes responsibility for maintenance and repair of the exterior of his living unit, private yard area and private driveway on the lot and improvements thereon shall include but not be limited to the following: (a) The maintenance and repair of exterior surfaces of all buildings on the lot, including without limitation: the painting of same as often as necessary; the replacement of trim and caulking; the maintenance and repair of roofs, gutters, downspouts and overhangs; the maintenance and repair of exterior windows and doors; necessary painting, staining, and repair of patio structures; and (b) In maintaining private yard areas and private driveways, an owner shall be required to mow, trim, water or otherwise care for grass, trees or other plants located on a lot; and shall be required to remove snow from the Private Driveway, sidewalks, parking areas and walkways to the Living Unit. 4.7 Signs. No sign shall be placed on any Lot or within the Property without the express written consent of the Architectural Control Committee, except that 1 "For Sale" sign not to exceed 48 inches by 48 inches in size may be placed on a Lot by an Owner or the Developer without Committee approval. 4.8 No Pets and Animals. No birds, animals or insects shall be kept on any Lot except dogs, cats and other common household pets, provided that they are not kept, bred or maintained for any commercial purposes. 4.9 Home Occupation. No profession or home industry shall be conducted in any Living Unit or on any Lot without the specific written approval of the City authority. The City authority, in its discretion, upon consideration of the circumstances in each case and particularly the effect on surrounding property, may permit a Lot to be used in whole or in part for the conduct of a profession or home industry. No such profession or home industry shall be permitted, however, unless it is considered by the City authority to be compatible with the residential neighborhood. 4.10 Nuisances. No weeds, underbrush or other unsightly growths shall be permitted to grow or remain upon the premises, except in wetland easements according to the Corps of Engineers, DNR, Watershed District and City of Centerville requirements. Grasses and various vegitation are allowed on lots prior to completion of construction to help control erosion. No refuse pile or unsightly objects shall be allowed to be placed or suffered to remain anywhere thereon. Firewood shall be stored only to the rear of the residence. No Lot shall be used in whole or in part for the storage of rubbish of any character whatsoever, nor for the storage of any property or thing that will cause such Lot to appear in an unclean or untidy condition or that will be obnoxious to the eye; nor shall any substance, thing or material be kept upon any Lot that will emit foul or obnoxious odors or that will cause any noise that will or might disturb the peace, 7 quiet, comfort or serenity of the occupants of surrounding property. The outside storage of an unlicensed motor vehicle upon the premises shall also be considered a nuisance. 4A 1 Storage. Outside storage on a Lot is discouraged, and any outside storage shall be subject to review by the Architectural Control Committee and a determination that the items are effectively screened from view outside the Lot. The design of any screening enclosures must be approved by the Committee. Household trash and garbage shall be regularly collected and may be kept outside only if in tightly- covered containers. No tractors/trailers or trucks rated in excess of 9,000 pounds gross weight shall at any time be stored or parked on any Lot outside of a garage. 4.12 Leasing. Any lease between an Owner and a nonowner occupant shall be in writing and shall provide that the terms of the Lease shall be subject in all respects to the provisions of this Declaration, and shall provide that any failure by the non -owner occupant to comply with the terms of this Declaration shall be default under the lease. Other than the foregoing, there shall be no restrictions on the use of a Living Unit by a non -owner occupant. 4.13 A. Fences, Walls and Hedges. A boundary wall, fence or hedge shall not be permitted with a height of more than 6 feet unless a variance is obtained pursuant to paragraph 6.6 of this Declaration. The height or elevation of any wall, fence or hedge shall be measured from the existing elevations on the property at or along the applicable point or lines. Any questions as to such heights may be completely determined by the Committee and the City of Centerville. The height limitations as set forth in this paragraph shall not be applicable to tennis court enclosures, provided such enclosures have been approved by the Committee. 4.13 B. Fences, Walls and Hedges. A boundry wall fence or hedge location must be approved by City of Centerville Building Department. 4.14 Storage Tanks. No permanent storage tanks of any kind shall be erected, placed or permitted on any Lot unless buried or effectively screened from view outside the Lot. 4.15 Temporary Stnuetur No structure of temporary character, trailer, basement, tent, shack, garage, barn or other building shall be used on any Lot at any time as a residence, either temporarily or permanently. This provision shall not be construed to prevent the erection and maintenance of auxiliary storage buildings on a Lot. 4.16 Driveways. Driveways must be constructed of concrete, bituminous or other hard - surface material. Material and installation shall be subject to approval of the City of Centerville Building Department. 4.17 Antennas. Except with the prior written approval and authorization of the Committee, no exterior television or radio antenna of any sort shall be placed, allowed or maintained upon any portion of a Lot or the improvements or structures located thereon. 4.18 Completion of Constniction of Improvements All construction work shall, upon approval of plans by the Committee, be carried on with dispatch; all improvements shall be constructed in conformity with the then existing building codes of the City of Centerville, 8 Minnesota; and all building plans shall be prepared by or under the supervision of a registered architect, a builder or a qualified design professional. If any structure is begun after approval if the plans as provided in Article III and is not completed within 1 year after the commencement of said construction and, in the judgement of the Developer or the Architectural Control Committee, it is offensive or unsightly in appearance, the Developer or the Committee may take such steps as may be necessary to make the property harmonious with other properties, such steps including completion of the exterior of the structure, screening or covering the structure or any combination thereof, or similar operations. The amount of any expenditure made in doing so shall be the personal, joint and several obligation of the Owner or Owners and shall be a lien on the Lot, and may be foreclosed in the same manner as a Mechanic's Lien as provided in Minnesota Statute Chapter 514 et. seq. The lien herein shall not be valid as against a subsequent bona fide purchaser of the Lot in question, unless a statement setting forth the claim had been filed for record in the office of the County Recorder and/or Registrar of Titles of Anoka County, whichever is appropriate, or unless a suit and appropriate Lis Pendens to foreclose the lien shall have been filed of record in the office of the County Recorder and/or Registrar of Titles of Anoka County prior to the recording of the deed conveying the Lot in question to said purchaser. ARTICLE V Enforcement of Ea em nts, Restrictions and Covenants 5.1 Each of the easements, restrictions and covenants as set forth shall be enforceable by the Declarant during such period of time as Declarant has an ownership interest in any Lot and shall also be enforceable by the Owner of any Lot which is benefited by such easement, restriction or covenant, or any of' their respective successors in title, but no other person shall have any right to enforce any such easements or restrictions and covenants, nor shall any other person, other than the Declarant or such Owner, the Owner's tenants, invitees and licensees, have any interest in the easements, restrictions and covenants hereby created and declared. Nothing contained herein shall constitute a dedication of any interest in such easements, restrictions and covenants to the public or give any members of the public any rights hereunder. Failure to enforce the easements or restrictions and covenants herein contained shall in no way be deemed a waiver of the right to do so thereafter. 5.2 Remedies for Violation. In the event of any violation or attempted or threatened violation of the terms hereof, or any interference or attempted or threatened interference with the rights and obligations herein granted, each of the easements, restrictions and covenants may be enforced by a proceeding at law or in equity or both. If any person entitled to enforce the easements, restrictions and covenants shall elect to enforce the terms hereof by a proceeding in equity, such person may petition for a restraining order or injunction, temporary or permanent, prohibiting such violation or interference and demanding compliance with the provisions, which restraining order and injunction shall be obtainable upon proof of the existence of such violation, or attempted or threatened violation or interference, and without the necessity of proof of the inadequacy of legal remedies or irreparable harm. 5.3 Cost of Fnforcement. If any of the easements or restrictions and covenants created herein are enforced by appropriate proceedings by any Owner or the Declarant, and if such Owner or the Declarant shall prevail in any such proceeding, such prevailing party may be reimbursed for 9 all or any part of the costs incurred by the enforcement thereof, including but not limited to reasonable attorney's fees, costs and expenses. 5.4 Invalidation. Invalidation of any of these covenants or restrictions by judgement or by court order shall not effect any of the other provisions which shall remain in full force and effect. ARTICLE VI General Provisions 6.1 Enforcement. Enforcement of the terms and conditions of this Declaration shall be by proceedings at law or in equity, either to restrain violation or to recover damages against any person or persons violating or attempting to violate any covenant, restriction or condition. 6.2 . ev rahili y. The invalidation of any one of these covenants or restrictions by legislation, judgement or court order shall in no way effect any other provision which shall remain in full force and effect. 6.3 Amendments The provision of this Declaration may be amended by an Amendment to Declaration, signed by no less than 67% of the Owners of the Lots subject to this Declaration. No amendment shall be effective until it shall have been properly recorded. Amendments or modifications of any permit by the City of Centerville shall not be construed as an amendment to this Declaration for purposes of this paragraph. In the event FHA/VA subdivision approval is obtained for the Property, amendment of this Declaration shall require the prior approval of the Federal Housing Administration or the Veterans Administration. 6.4 Term and Limitation on Declaration These Covenants, restrictions and conditions are to run with the premises and shall be binding on all parties and all persons claiming them until December 31, 2010. 6.5 Rights of Declarant. Until the last Lot is sold and conveyed to an Owner other than the Declarant, the following activities by Declarant, or with the written consent of Declarant, will not be deemed violations of restrictions contained in this Declaration: (a) The use of a Lot or Lots for model and sales office purposes; (b) The storage of a construction trailer, equipment, materials, and earth during the construction of New Living Units; (c) The display of signs, not larger than 16 Sq', advertising the Property or New Living Units and the maintenance of temporary fencing, walkways, landscaping and berming in the vicinity of model and sales units; (d) The Developer shall have the right to prohibit, stop or remedy any action to be taken, being taken, or taken by an Owner, if such action is or may be in violation of this Declaration or has or may have a detrimental effect on Developer because of the Developer's agreements with the City of Centerville and the Development Agreement. 10 6.6 Varianrs;s. The restrictions applicable to Lots as specified in Article IV of this Declaration are intended for the benefit of all Property Owners. The Declarant, however, acknowledges the exceptional conditions of a particular Lot may create peculiar and practical difficulties mitigating against the strict enforcement of a provision contained in Article IV. In the event an Owner believes that such exceptional conditions on a Lot create a hardship or special situation, an Application for Variance may be made by an Owner to the Architectural Control Committee in accordance with Paragraph 3.3 of this Declaration. An Application of Variance shall state on the Application the reasons for allowing the variance, including: (a) that there are special circumstances or conditions affecting the Lot such that the strict application of a provision of Article IV would deprive the Owner of the reasonable use of the Lot; and (b) the variance is necessary for the preservation and enjoyment of a substantial property right of the Owner; and (c) the granting of the variance will not be detrimental to the public welfare or injurious to other Owners of Lots subject to the Declaration; and (d) that the issuance of the variance will not have an adverse effect upon the health, welfare and safety of the Owners benefited by this Declaration. (e) The variance must comply with city ordinance, In considering a request for a variance from the strict application of Article IV of this Declaration, the Committee shall make a finding showing that all of the foregoing conditions exist, and the Committee may impose any reasonable condition in the granting of such variance in order to protect other Lots and Owners. 11 • Richard S. Carlson and Associates, L.L.P. By: Richard S. Carlson Its General Partner STATE OF MINNESOTA ) )s COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this day of 20 by Richard S. Carlson, the general partner of Richard S. Carlson and Associates, a L.L.P., a Minnesota partnership, on behalf of said partnership. Notary Public This Instrument Was Drafted By: Richard S. Carlson and Associates, L.L.P. 7671 Old Central Ave. N.E. Fridley, MN 55432 12 EXHIBIT "A" LOTS 1 - 26, BLOCK 1 LOTS 1 - 11, BLOCK 2 13 (Above space is Reserved for Recording Information) DECLARATION OF RESTRICTIONS AND COVENANTS FOR REPLACEMENT WETLAND This Declaration of Restrictions and Covenants for Replacement Wetland(Declaration) is made this day of , 20 by the undersigned Declarant: RECITALS A. The Declarant holds the fee title or perpetual easement on the real property described as follows: {Insert legal description of the smallest parcel of land possible containing the Replacement Wetland. } B. This real ro ert is the site f Replacement W de i Mi p p y o a etland, as defined in Minnesota Rules 8420.0110, subp. 40. C. The Declarant is seeking approval of (1) a replacement plan under Minnesota Statutes section 103G.222 and Minnesota Rules 8420.0530 or (2) a bank plan under Minnesota Rules 8420.0740. D. The Replacement Wetland is subject to the Wetland Conservation Act of 1991, as amended, Minnesota Statutes section 103G.222 et seq., and all other provisions of law that apply to wetlands, except that the exemptions in Minnesota Statutes section 103G.2241 do not apply to the Replacement Wetland, pursuant to Minnesota Rules 8420.0115. FORM A Page 1 of 4 E. The Local Government Unit (LGU) charged with approval of the Replacement or Banking Plan is , whose address is F. All references in this instrument to Minnesota Statutes and Rules are to the Statutes and Rules currently in effect and as amended or renumbered in the future. RESTRICTIONS AND COVENANTS The Declarant makes the following declaration of restrictions and covenants for the Replacement Wetland. These restrictions and covenants shall run with the land, and bind Declarant, and Declarant's heirs, successors, and assigns: 1. The Declarant shall maintain a Replacement Wetland of the size and type specified in the replacement plan or bank plan approved by the LGU and on file at the offices of the LGU. Declarant shall not make any use of the Replacement Wetland that would adversely affect the functions or values of the wetland as determined by Minnesota Rules 8420 0540, subp. 10, and as specified in the replacement plan or bank plan. 2. Declarant shall pay the costs of maintenance, repairs, reconstruction, and replacement of the Replacement Wetland, which the LGU or the State of Minnesota through the Minnesota Board of Water and Soil Resources may deem necessary to comply with the specifications for the Replacement Wetland in the approved replacement plan or bank plan. 3. Declarant grants to the LGU, the State of Minnesota, and the agents and employees of the LGU and the State of Minnesota, reasonable access to the Replacement Wetland for inspection, monitoring, and enforcement purposes. This Declaration grants no access to or entry on the lands described to the general public. 4. Declarant represents that he or she has a fee simple or easement interest in the land on which the Replacement Wetland is or will be located. Declarant represents that he or she has obtained the consent of all other parties who may have an interest in the land on which the Replacement Wetland is or will be located to the creation of the restrictions and covenants herein, and that, all such parties have agreed in writing to subordinate their interests to these restrictions and covenants, pursuant to the attached Consent and Subordination Agreement(s). 5. Declarant shall record or file this Declaration, pay all costs associated with recording or filing, and provide proof of recording or filing to the LGU. If this Declaration is given pursuant to a replacement plan, such proof shall be provided to the LGU before proceeding with construction of the Replacement Wetland. FORM A Page 2 of 4 9. This Declaration may be enforced, at law or in equity, by the LGU, or by the State of Minnesota. The LGU and the State of Minnesota shall be entitled to recover an award of reasonable attorneys fees from Declarant in any action to enforce this Declaration. Signature of Declarant Signature of Declarant STATE OF MINNESOTA) ) ss. COUNTY OF ) This instrument was acknowledged before me on (date) by (name(s) of person(s). (Signature of Notarial Officer) (Title) My commission expires: This instrument drafted by: FORM A Page 4 of 4 MEMO Date: March 23, 2000 To: Jim March From: Jill Lien Re: Richard Carlson's Tree Choice's for Itarlmitaw f,1& n7+a -s event I spoke with Joe Goetz of Goetz Landscape & Irrigation regarding his opinions of the types of trees Mr. Carlson is looking to plant in the Parkview development. Mr. Goetz suggested using Ash or Maple trees in this type of soil because it is a heavier soil, adding that Ash and Maple grow better in a heavier soil. Mr. Goetz stressed that Linden trees would not be the best type of tree to grow in this type of soil. Linden's grow better in a sandier, well drained soil. Thank You! 03/06/2000 17:20 6127061219 RS CARLSON AND ASSOC PAGE 01 Richard S. Carlson & Associates 7671 Central Avenue NE Fridley, MN 55432 FAX Da: March $, 2000 Number of pages including cover sheet: 1 To: From: Jim Mauch Richard S. Carbon City of Centerville Phone: 631429.3232 Phone. 612. 786 -1218 Fax phone: 6314294629 Fax phone: 612.7861219 CC: REMARKS: o Urgent ® For your review ❑ Reply ASAP 0 Please comment rlm, Hero are the choice of trees for Paritview. I will put 3 to 4 of each type in a row and then mix the species. Please give me a go ahead as soon as possible. Summitt Ash 2" 8' to 12' Cir Linden ' 8' to 12' nd Linden 2" 8' to 12' d bistro Maple 8' to 12' Richard S. Carlson MEMO DATE : March 22, 2000 TO : Honorable Mayor and Council FROM : Jim March RE : Mutual Aid Agreement Enclosed in your packet is a copy of a mutual aid agreement that is being proposed by the City of Hugo. This item was tabled at the last Council meeting. I spoke to Lino Lakes City Administrator Linda Waite Smith in regards to this issue. Enclosed in your packet is a letter that Lino Lakes sent to the City of Hugo in an attempt to clarify some of the issues that they had with the agreement. At this point, I would recommend that Centerville draft a letter to Hugo and Lino Lakes to clarify our position. I personally would like to see this formal agreement remain between the City of Lino Lakes and Hugo. We could state in our letter that we would be open to assisting other communities in the event of a natural disaster, but I do not want to have our staff coordinating who is responsible for having the on -call pager for the City of Hugo when Hugo finds themselves short staffed. We can discuss this issue in more detail at the meeting. Paul Palzer will be in attendance at the meeting. MAR -21 -2000 09:41 CITY OF LINO LAKES 651 992 2499 P.02'03 March 2, 2000 DRAF T Mr. Robert Museus City Administrator City of Hugo 5524 upper 146" Street North Hugo, MK 55038 -9367 Dear Bob: I received the proposed Mutual Aid Agreement between Lino Lakes and Hugo for the provision of emergency public works assistance. Our Public Services Director Rick DeGardner reviewed it with his staff and they suggested several clarifications. Although these items don't necessarily need to appear in the agreement, we want to make sure they are acknowledged. 1. It is our understanding that the agreement cover only water and sewer related services. 2. It is our understanding that Mr. Petree will give our staff reasonable advance notice when he plans to take vacation. 3. Because Hugo's dispatching is done through Washington County, it is our expectation that Mr. Petree would turn over his pager to our staff for use during his absence. 4. Because the agreement would only cover water and sewer services, it is our expectation that for each coverage period Mr. Petree would provide our staff with the name of someone who could be contacted for other public works calls. 5. In order for our staff to provide timely response. it is our expectation that Mr. Petree would provide for each coverage period an updated map of main and valve locations. 6. Our public works employees are members of a bargaining unit. In the event they are called to assist Hugo during non - business hours, the charge to Hugo will reflect overtime and callback provisions of the union contract. If our interpretation and expectations are in line with yours, I will put this on the City Council agenda for consideration on March 13. Please give me a call at 651 -982 -240 to verify we are in agreement. Sincerely, Linda Waite Smith Ci ty Administrator MEMO DATE : March 23, 2000 TO : Honorable Mayor and Council FROM : Jim March RE : Northern Forest Products — Tif Issue Included in your packet is a revised memo from Kennedy and Graven in regards to the tax increment district for Northern Forest Products. I have presented this memo to Northern Forest Products and Glen Rehbein Excavating. Paul McDowell has responded that he agrees with the concept in the proposal. At the time of this annotation, I have not heard from the legal counsel for Glenn Rehbein Excavating. I believe that we have reached a negotiated proposal that would be a benefit to all parties involved. I will refresh the Council with the issues that have occurred with this original tax increment district. The issues were beyond the control of the parties involved, including the City. The proposal addresses the methods of payment for the two limited revenue notes that were generated as a result of the creation of the district. I am suggesting that the City of Centerville abate the City share of taxes for a period of one year at the end of the term of the current district in exchange for Northern Forest Products expanding their current facility before the current district expires. Paul McDowell has indicated that they may expand their current building to nearly twice its current size. This would be a great benefit to the community in several ways. If this concept is agreed to by all of the parties involved, the actual dollar amounts would need to be calculated and presented at a later date along with new written agreements. 03-20 -00 22:33 From-KENNEDY Z GRAVEN +61233T9310 T -668 P.02/03 F -295 • 470 Pillsbury Centn k l' I 1 1 10111' 2W) !south Such Sifter Mhtne.µyolo MN 554u2 ! j1' (611) 337.93110 telephone l t l. l t l 1 (6121 337.9510 fa LRp. flwwwScnnedy-gra•en.orn JTEtlin J. BuistUL Aousr y at Law D ins: Dial (611) 337 -V228 Email 3,ytai tl�kF �QdY-flT dVS11_ MEMORANDUM TO: Jim March City Administrator FROM; Stephen Bubul DATE: Match 20, 2000 RE; Northern Forest Products Project City of Centerville On October 20, 1999, representatives of the City, Glenn and Myna Rehbcin and Northern Forest e Products. LLC met regarding Tax Increment Revenue Notes, aeries 19d (he ld by th e Rehbe s) and Series 19958 (held by NIP) At that meeting, concerns raised regarding the status of payments on both Notes. Since then, i understand that you have had titnher discussions with Paul McDowell of staff NTP revising the earlier proposal somewhat. This memo summarizes the proposal that prepared to recommend for Council approval. Background The tax increment available to pay both Notes has been l ss than t co ouni s hot nil on the payment schedules. Most of the decrease is attributable to property class rates In addition, market value of the property for taxes payable in 1997 was only $327,700, though the assessment agreement required a value of at least S527,700 by that date, the county did not apply decrease (n 1997 only) relates to a l:trger•than expec d base value inflation small poruon o f the actor . The City wrote a check in the amount of 521,225.30 to the Rehbeins, but the check was not delivered, $10,790.22 paid this 10,1999 and $13,374.87 paid August has 0 payments 1999. sna- 17:su7.1 1 CE 133.7 03 -20-00 22:34 From-KENNEDY i GRAVEN #S123379310 T -599 P.03/03 F -295 Proposal The parties agree that adjustmeuts should be made to ensure that all Available Tax Increment attributable to truces paid in 1997, 1998 and 1999 shoul Tax Increment first should pay the Series 1995A TO the Nate held by the Rehbeins. All remaining Available Series 19958 Note held by NFP. with a additional asststaace for one year. Following from those principals, the City proposes as follows. 1. 1997 Tuxes. Anoka County has determined not to adjust 1997 taxes w reflect the additional $200,000 in market value. However, in order to implement the Assessment Agreement, NSP will pay to the City the amount representing the additional tax increment the honored fr pay collected City would have amounts is estimatedto be about $12,000; irnw 11gb e1 had been assuming the propt.ny lass and ta7■ rates applicable for taxes payable m 1997.) 2. Prior Payments to 1VFP. NFP will repay to the City the amount of 524,165 09, representing the two prior payments it received from the City. This amount represents Available Tax Increment Out will be reallocated to pay the Series 1995A Note. 3. Pay -of of Serves 19914 Teole. The Ctty will pay to the Rehbems the total outstanding principal and accrued interest on the Serves 1995A Not be e madre a cr u uing tun fro October 26, 1995. the original date of the Note That payment descnhed above. 4. Payment of Series 1995B Note. The City will pay to NFP the balance of the amounts described above after the payoff on the Serves 1995A Note, plus the A v r wn le the Increment Iron the second -half taxes paid m 1999. (This amount !'1 w continue portion to pay all payments NSF makes under paragraphs 1 and 2.) The City Available Tax Increment through the duration of the TIP District. 5. Ash:Imm al Assistance io NT? . if NFP builds an addition to its facility in the TIP Disuict by January 2, 2003 (for taxes payable in 2004), the City will grant an abatement of Ciry s share of tuxes on the entire facility one additional year (i.e., taxes payable in 2006). This amount will likely to be sufficient to compensate NSP for any balance left on the Note at maturity, and will also help reimburse other costs in connection with the addition. will If the proposal is acceptable to btu then soon as possible. ? F. I f wid d that y o u s, t recommend approval by the City parties will arrange a pay-off date, Ehlers will calculate the actual payment amounts, and I will prepare decaments necessary to finalize the transaction. cc: Std Inman Shelly Eldridge Carolyn Drude va.n•wa.l 1 C1: 155 -T MEMO DATE : March 24, 2000 TO : Honorable Mayor and Council FROM : Jim March RE : Account Clerk II, Clerk/Treasurer Position, Typing Six Twentone ap pl can s wre applications er were re oo n 1 March 13, 0001 three-member interview panel consisting sp ting of Ma were interviewed h conducted interviews. Each of oting of n Nelson, Teresa Bender and aim March the panel members ranked each interview candidate. The una T � choice as the is a resident number one candidate for the position is Laura Thompson. of Centerville and has approximately sixteen years of various levels of a cou Ms. experience. The committee recommendation is to offer the part-time positio Thompson. An additional recommendation is to promote the internal candidate Teresa Bender to the newly created position of Clerk/Treasurer and to hire the firm o � g aV r Off Site S to take the minutes of the Council and Planning this meetings. Included in this section breakdown f e the an the savings puce s from o f rom restructuring, Teresa Bender's application TimeSavers. J j eSaver JAN 1 8 2000 "L Off Site Sec retk::r/aI January 13, 2000 Attention: Theresa City of Centerville 1880 Main Street Centerville, MN 55038 Dear Theresa, Thank you for calling TimeSaver Off Site Secretarial, Inc. regarding your interest in our recording secretarial services. I reviewed the set of draft meeting minutes which you faxed to me and would like to submit the following proposal to be Centerville's Official City Recorder on a contract basis: MEETING TIME: $21.50/hour (meeting time plus '/2 hour) MINUTES: $9.50 /page for draft minutes (you make final changes via disk or e-mail file) The above quoted rates are based on the assumption that the meeting minutes will be printed in Times New Roman, 12 point, with one inch margins (average), a one line footer, and that the level of detail will comprise four or more pages per hour of meeting time. We can provide your minutes in either a Microsoft Word or Word Perfect format and submit them via e-mail, if desired. Enclosures provided include details of services offered, current municipal and corporate clients, letters of recommendation, and meeting minute samples. Please note that our business was named "Northern Counties Secretarial Services" until January of 1993 when it was changed to TimeSaver. We are very flexible in meeting the needs of City Councils, Commissions, and staff, and encourage you to call our references. Please feel free to call me at (612) 421 -8999 if I can be of further assistance or provide you with additional information. We appreciate your consideration and look forward to receiving your response. Sincerely, Carla Wirth Owner 277 (ooj Rapids /311(1 • Suirc 410 • Coon Rapids AIN 55433 • 612 - 785 -2463 • Fax 785 -1167 320 Las! Alain • Anoka, A /.V 55 303 • 612 -421 -8999 • Fat 421-9511 TO: Jim March FROM: Teresa Bender SUBJECT: Point of Sale Software /Order Receipt Forms DATE: 03/24/00 Attached, please find a proposal and references from Banyon Data for Point of Sale Software, Windows platform. Point of Sale Software is a computerized process for providing the resident/customer with a laser quality cash receipt. Point of Sale Software would eliminate: purchasing of forms, manually written receipts, and manually coding receipts for entry into Banyon Fund Accounting Software. Point of Sale Software would provide: a more professional image, computer generated receipt(s), coding at the time of entry and interfacing with Banyon Fund Accounting Software (decreasing error potential) and provide computer generated reports (i.e., daily receipts, balancing, accuracy of coding, etc.). Our stock of three part receipts is diminishing rapidly and it is time to reorder. I have received two proposals for the current three -part form used. Erickson Printing $600.00/2,750 Lightning Printing $575.00/2,750 Last year's usage of three part receipts (1,296) ($272.16). With continued growth, the amount of receipts used will increase along with the amount of staff time to issue and enter receipts into the computer system. Banyon's proposal for software is $1,295 with an annual support cost of $595. Banyon recommends annual support; however, it is not a requirement. I have surveyed several communities that currently use Point of Sale software: City of Alexandria (Jurene) Pop. 8,900 Have used for 3 years Pleased with its features and would recommend its purchase Anticipates upgrading to the Windows version City of Big Lake (Jenny) Pop. 5,300 Have used for 3 1/2 years Pleased with its features and would recommend its purchase Anticipates upgrading to the Windows version City of Orono (Ron) Pop. 7,600 Have used for 2 years Pleased with its features and would recommend its purchase Anticipates upgrading to the Windows version (dependent upon budget) Banyon Data Systems, Inc. 101 West Burnsville Parkway - S. Burnsville, Minnesota 55337 - (612) 882 -7730 / (800) 229 -1130 / FAX (612) 882 -7734 January 14, 2000 r ! ! ; Theresa City of Centerville 1880 Main St. Centerville, MN 55038 Dear Theresa: Enclosed is information on the Point of Sale Software. If you go with the dos version, you can convert to the windows at no charge when it is available. The annual support in the windows version will go to $595. Look over the information at your convenience and call me at 800 - 229 -1130 with any questions. Thanks again for your inquiry Sincerely, Chris Olson Sales Consultant CO: co enclosure World Wide Web www.banyon.com I - Banyon Data Systems, Inc_ 101 West Burnsville Parkway Burnsville, MN 55337 (612) 882 -7730 — (800) 229 -1130 — FAX (612) 882 -7734 Name: CITY OF CENTERVILLE Phone: 429 -3232 Date /14/00 Address: 1880 MAIN ST FAX: City /State /Zip Code: CENTERVILLE, MN 55038 Contact: Customer ID (BDS use only) THERESA 12 5 POINT OF SALE SOFTWARE: S 9 ANNUAL SUPPORT: x] 1 38' IP 695 Banyon Data Systems, Inc. hereby proposes to provide Ibe above stated product and service of accordance with above specification. All product and 'rice is guaranteed to be as specified. Any modification or alteration to above specifications involving extra costs will be executed only upon written orders, and wN become an extra charge over and above the estimate. a proposal may be withdrawn by Banyon Data Systems, Inc. if not accepted within 30 days. d) / Banyon Data Systems Signature L.e ACCEPTANCE OF PROPOSAL- The above stated costs, specifications and conditions are satisfactory and are hereby accepted. Banyon Data Systems, Inc. is authorized to provide the products and services as specified. Payment aball be made within 30 dap of product delivery. Date of Acceptance -- Signature: I World Wide Web www.banyon.com 01/21/2000 15:32 6128227734 BAN'PON DATA SYSTEMS PAGE 02 IL 1■:. Banyon Data Systems, Inc. = U1 Wen Burnsville Parkway Burnsville, Mla 55337 (612) 8*24/30 / (800) 229 1130 /FAX (612) 882 -7734 REFERENCES (Point of Sale) • City of Alexandria (320) 763 -6678 City of Arlington (507) 9642378 Blue Earth (507) 526-7336 City of Big Lake (612) 263.2107 City of Lake City ( 6121 345 -5383 57 City of Montgomery (507) 364-8888 City of Orono (612) 473 -7357 Z t World Wide Web www.banyon.com MEMO DATE : March 23, 2000 TO : Honorable Mayor and Council FROM : Jim March RE : Lorentz Bus Service — Tom Thumb Parking Lot I received a telephone call from a Mr. Gus Tarr from the Tom Thumb corporate offices. Mr. Tarr indicated that the Lorentz bus service has been using the Tom Thumb parking lot as a place for pick -up of area residents that wish to ride the bus to work. Currently, there are twenty-two riders in this program. Our local Tom Thumb has indicated that their parking lot is not sufficient to handle the number of cars that are parking in their lot. They are ready to cancel the park and ride lot at their location. Mr. Tarr called to see if the City would be able to help find a place for these cars to park. The only place I can think of that could work is the public works site. Once public works is out in the fall, the entire site could be cleared for downtown parking. We can brainstorm this item at our meeting. MEMO DATE : March 24, 2000 TO : Honorable Mayor and Council FROM : Jim March RE : Charitable Gambling License — Spring Lake Park Lion's Included in your packet is an application from the Spring Lake Park Lion's to operate charitable gambling at Kelly's Corner. The MS Society is not renewing their lease with Kelly's Corner. The Spring Lake Park Lion's Club currently operates four other gambling sites. The club has two full -time and three part-time employees to manage the gambling operation. Last year, the club donated over $470,000 to various organizations. By City ordinance, the Spring Lake Park Lion's will have to donate 50% of their profits to directly benefit the residents of Centerville. The Centerville Lion's will be working in partnership with the Spring Lake Park Lion's in identifying community park improvement projects that would benefit the City. The Lion's plan to operate pull tabs, a paddle wheel, meat raffles and other large item raffles. I believe this change in gambling operators will be a great benefit to our community. I called the City Administrator (Barb Nelson) in Spring Lake Park to investigate whether the Lion's were donating their profits to worthy community projects, whether there had been any problems with the applicants license and to find out if the City was receiving their monthly reports in a timely fashion. Ms. Nelson indicated that that the organization was great and that they have had no problems. The City receives timely reports and the organization has been extremely generous toward community improvement projects. kia„. T .,r i r V e / L/ itte 1880 Main Street • Centerville, M51( 55038 Established 1857 (651) 429 -3232 • Fax, (65 1) 429 -8629 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE RESOLUTION 00 -05 SPRING LAKE PARK LIONS CHARITABLE GAMBLING WHEREAS, the City of Centerville met at its regularly scheduled meeting date of March 29, 2000; and WHEREAS, the Centerville City Council discussed the application from the Spring Lake Lions to conduct charitable gambling at Kelly's Korner, 7098 Centerville Road; and WHEREAS, the City of Centerville HAS conducted an investigation of the Spring Lake Lions Organization; and WHEREAS, the Spring Lake Lions would be in compliance with City Ordinance #51; and WHEREAS, the Spring Lake Lions appear to take into consideration the best interests of the City of Centerville; NOW, THEREFORE, BE IT RESOLVED THAT the City of Centerville hereby approves charitable gambling by the Spring Lake Park Lions at Kelly's Korner; Whereupon said resolution was declared duly passed and adopted by the Centerville City Council on March 29, 2000. Thomas Wilharber, Mayor ATTEST: Jim March, City Administrator • • FOR BOARD USE ONLY Base # Check # Minnesota Lawful Gambling pp # Initials Premises Permit Application - LG214 Fee Date Class of Permit Page 1 of 3 1/99 Check one: ❑ Class A - $400 Pull -tabs, tipboards, paddlewheels, raffles, bingo El Class B - $250 Pull -tabs, tipboards, paddlewheels, raffles • ❑ Class C - $200 Bingo only OR bingo and pull -tabs when total gross receipts do not exceed $50,000 per year ❑ Class D - $150 Raffles only Organization Information Organization name (as it appears on documentation filed with Base license number Minnesota Secretary of State or Internal Revenue Service) 6 1)11 ,- e L rn L a y ' - ' Park a✓ fans' P rr' c) Naeof chl4f executive officer (cannot be your gambling manager) Daytime p phone number LC; j 6- ' S OA! (6 2) rift, `)7 L3. I fa1 1 t 4 Gambling Premises Information Name of establishment where gambling will be conducted Street address (do not use a P.O. box number) k €l►• .ur� Isis or 7elcz pn ter viflaw . • City & count/where gambling premises is located —OR— Township & county where gamb ing is located if outside city limits 0 0.yt IF PA I le _ Is the premises located within city limits ?Yes, No _ If No, is township: ® Organized ❑ Unorganized ❑ Unincorporated Does your organization own the building where the gambling will be conducted? ❑ Yes 24.No If no, attach (1) the appropriate lawful gambling lease form, and (2) the sketch of all leased areas with dimensions and square footage clearly defined A lease and sketch are not required for class D applications. Name of legal owner of premises Address �7 City State /Zip I / sec 707£r (� etii-r err',Ic am 'Roar/ C tee l' 1 3 Address(es) of Storage Space of Gambling Equipment List all locations where used and unused gambling product is stored. Do not use-a P.O. box number. (Attach an additional sheet if necessary.) Addigaa City State/Zin g 93 (' ‹,,,vier Of; ve_ Si- v4 i rK' /7xl s.cxia 7C `% ( v v�, - e r1/ / ret4 -r ; lie 44X1 ri $e3 _ Questions? Call the Licensing Section of the Gambling Control Board at 651 - 639 -4000. If you use a TTY, you can call the Board by using the Minnesota Relay Service at 1 -800- 627 -3529 and ask to place a call to 651 - 639 -4000. This form will be made available in altemative format (i.e. large print, Braille) upon request. Premises Permit Application - LG214 Page 2 of 3 1/99 Bingo Occasions - for Class A or C Permits If applying for a class A or C permit, enter days and beginning/ending hours of bingo occasions (indicate A.M. or P.M.). No more than ten bingo occasions may be conducted per week. An occasion must be at least one and one -half hours, not to exceed four hours. Day Reginning/Ending Hours Day fleoinning /Fnding Hours pay Beginning /Ending Hours to to _ to to __ to to to to to to Gambling Bank Account Information Bank name Bank account number* /l R \ - I47 . P$'r es-ann. /C? 7 or 3'/ Bank address City State /Zip code • New organizations: The account number may be odtained an. submitted to the Gambling Control Board within ten days after you receive your premises permit. C •t`.� 't ,, .: �e<, ,":� w�u °sys sni - �•r ,��`,�^,�+; s,l*r�, a"�'7 �` � A� "�- `� i i n `s'.*'.�r r 3aa�.`,� :tdfl%.w Name Address Title I .'t�' 1 tip, V'L26 IC v L A r s o a ? 3 ere . b. r- J7v ? s/3 ' 2 / ( � eta s ! ; cf tz -�' l�F GIvI ICE' ( .I eY ` 4..3 tie v Pr S N3 Z ♦�K sS ere I. I t YC. 11.10 v, cc gF';. n'r,tiu 11 7tt-t"0.i s 7 4 1d? (rtttri• r/r (pid(C “7/37455"isrL-1wLir„ 4 ►amgfi, Acknowledgment Oath I declare that: Gambling site authorization 1. I have read this application and all information submitted I hereby consent that local law enforcement officers, the to the board is true, accurate, and complete; board or agents of the board, or the commissioner of revenue or public safety or agents of the commissioners, 2. all other required information has been fully disclosed; may enter the premises to enforce the law. 3. I am the chief executive officer of the organization; Bank records information 4. I assume full responsibility for the fair and lawful The board is authorized to inspect the bank records of the operation of all activities to be conducted; gambling account whenever necessary to fulfill 5. I will familiarize myself with the laws of Minnesota requirements of current gambling rules and law. governing lawful gambling and rules of the board and agree, if licensed, to abide by those laws and rules, Organization license authorization including amendments to them; I hereby authorize the Gambling Control Board to modify 6. any changes in application information will be submitted the class of organization license to be consistent with the to the board and local unit of govemment within ten class of permit being applied for. days of the change; and 7. I understand that failure to provide required information or providing false or misleading information may result in the denial or revocation of the license. � � a / 0 c e'DO Signature of chief ex u ti a officer (Designee may not sign) Date Premises Permit Application - LG214 Page 3 of 3 1/99 Local Unit of Government Acknowledgment and Approval ff the 'rpbU LL P� • . `�' 1d > sXs �i? 414.. " _-.4pe Ica 10 T n l `..., . •' On behalf of the city, I hereby acknowledge this application for lawful gambling activity at the premises located within the city's jurisdiction, and that a Print name of city resolution specifically approving or denying the application will be forwarded to the applying organization. Signature of city personnel receiving application Title Date / / ,. ., ems. V. _ � . . . N. • r*s.CS ' * , , ` �F � S . . 54 ..�*r -� For the townshin: On behalf of the township, I acknowledge that the organization is applying to conduct lawful gambling activity within the township Print name of township limits. A township has no statutory authority to approve or deny an application (Minn. Stat. sec. 349.213, subd. 2). Signature of township official acknowledging application Title Date / / For the county; On behalf of the county, I hereby acknowledge this application for lawful gambling activity at the premises located within the county's Print name of county jurisdiction, and that a resolution specifically approving or denying the application will be forwarded to the applying organization. Signature of county personnel receiving application Title Date / / The information requested on this form (and any premises permit, all of the information that you have attachments) will be used by the Gambling Control Board provided to the Board in the process of applying for your (Board) to determine your qualifications to be involved in premises permit will become public except for your Social lawful gambling activities in Minnesota, and to assist the Security number, which remains private. If the Board does Board in conducting a background investigation of you. not issue you a premises permit, all the information you You have the right to refuse to supply the information have provided in the process of applying for a premises requested; however, if you refuse to supply this permit remains private, with the exception of your name information, the Board may not be able to determine your and address which will remain public. qualifications and, as a consequence, may refuse to issue you a premises permit. If you supply the information Private data about you are available only to the following: requested, the Board will be able to process your Board members, staff of the Board whose work application. assignment requires that they have access to the information; the Minnesota Department of Public Safety; This form may require the disclosure of your Social the Minnesota Attorney General; the Minnesota Security number. If so, your Social Security number will Commissioners of Administration, Finance, and Revenue; be used to determine your compliance with the tax laws the Minnesota Legislative Auditor, national and of Minnesota. Authorization for requiring your Social international gambling regulatory agencies; anyone Security number is found at 42 U.S.C. 405 (c)(). pursuant to court order; other individuals and agencies that are specifically authorized by state or federal law to Your name and address will be public information when have access to the information; individuals and agencies received by the Board. All the other information that you for which law or legal order authorizes a new use or provide will be private data about you until the Board issues sharing of information after this Notice was given; and your premises permit. When the Board issues your anyone with your consent. • Premises Permit Application - LG214, Instructions 1/99 Attachments 1. Lease and sketch. If the gambling premises is leased, attach a copy of: • the appropriate lawful gambling lease form, and • the sketch of all leased areas with dimensions and square footage clearly defined. Lease forms: LG221 - Lease for pull -tab, paddlewheels, tipboard, and/or raffle activity. LG222 - Lease for bingo activity. LG223 - Lease for pull -tab dispensing device activity. 2. Permit Fee. For each premises permit application, attach a separate check, payable to the State of Minnesota, for the appropriate permit fee: Class A - $400 Class B - $250 Class C - $200 Class D - $150 3. Resolution of Approval. • The premises permit application must be approved by the local unit of government (city or county). Attach a copy of the resolution which shows approval of your application. • If the local unit of government denies your application, do not submit the application to the Gambling Control Board. Where to mail your application Mail your completed application with the attachments to: Gambling Control Board Suite 300 South 1711 West County Road B Roseville, MN 55113 Processing Allow ten weeks for processing the application. Your organization's chief executive officer will be contacted in writing regarding any missing information. Term of permit The expiration date of a premises permit is the same as the expiration date of your organization's license. Local ordinances Check with the local unit of government (city or county) regarding local ordinances, if any, that apply to lawful gambling. Local ordinances may be more restrictive than statute or rule. 3 v,�: r,.:...;, S ,' u,� L 7 " ..J,. Pied is r 12 3 N 5 In_? S 1 /0 (t /z 13 Al 1 5 /G l/ 14 x 11 3 t`tiO4545e. f x I L i -. _ a. I d I • � . / 71 !b s wtai I n 7) � � IAJ t hdo co 3 /4 I f 5� I %, , il /V` 1 I I tab ll /^ 1'� ,.' _`1X7.:' ,. 26 / Yf y / -. / J- _ - . _.. a � _ � '' 2 =' + �� ;'1 ,, 3 y 3 _-Stc Fs (4 tV lThit1n'1Y.C( _FR: �/ � !! II ///�� Di Prec : r -4 k . Ce)t Vr l le MN 55(338 • MEMO DATE : March 23, 2000 TO : Honorable Mayor and Council FROM : Jim March RE : First Class Concrete Included in your packet are the plans for a proposed 19,800 square foot speculative building. The building would be located on the property between R +R Leasing, Inc. and Reel Manufacturing. A lot split was previously requested and approved for this property, but the owner failed to record the lot -split. A new map of the proposed split with legal descriptions will be available at the meeting for your review. First Class Concrete is proposing to construct the building and has contracted with Integrated Real Estate to secure tenants for the facility. The plans detail a block building with contrasting architectural features as required by ordinance. Paul Palzer, Milo Bennett and Tom Peterson have been asked to review the plans. City utilities are available at this site. The property is currently zoned B -1 commercial. Minimum building size is 2000 square feet with a minimum lot size of 20,000 square feet. Both of these minimums are exceeded with this proposal. A public hearing was held on this item at the last Planning and Zoning meeting. The committee recommended approval for this project. MEMO DATE : March 24, 2000 TO : Honorable Mayor and Council FROM : Jim March RE : LaMotte Park - Outdoor Recreation Grant Included in your packet is a copy of a resolution that authorizes the City to submit a grant application to the DNR Outdoor Recreation Grant program. I will bring a copy of the complete grant application to the meeting and give an overview of what is contained in the application. I have spoke to our local contact at the DNR to inquire about available funding. It does not appear likely that there will be any funding available for this program this year. However, they do encourage communities to submit applications to help show the legislature the need for future funding for municipal park improvement projects. Y j f i tervi1te 1880 Main Street • Centerville, V9( 55038 Established 1857 (651) 429 -3232 • `jai, (651) 429 -8629 CITY OF CENTERVILLE ANOKA COUNTY, MINNESOTA RESOLUTION 00 - 04 LAURIE LAMOTTE PARK REVITALIZATION GRANT APPLICATION BE IT RESOLVED that the City of Centerville act as a legal sponsor for the Laurie LaMotte Park Revitalization Project contained in the Outdoor Recreation Grant Program Application to be submitted on or before March 31, 2000, and that the City Administrator is hearby authorized to apply to the Department of Natural Resources for funding on this project on behalf of the City of Centerville. BE IT FURTHER RESOLVED, that the City of Centerville has the legal authority to apply for financial assistance, and the institutional, managerial, and financial capability to ensure adequate construction, operation, maintenance and replacement of the proposed project for its design life. BE IT FURTHER RESOLVED, that the Centerville City Council has not incurred any costs described in Item 4 and has not entered into any written agreements to purchase property. BE IT FURTHER RESOLVED, the City of Centerville has not violated any Federal, State, or Local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or other unlawful or corrupt practice. BE IT FURTHER RESOLVED that upon approval of its application by the state, the City of Centerville may enter into an agreement with the Sate of Minnesota for the above reference project and that the City of Centerville certifies that it will comply with all applicable laws and regulations as stated in the grant agreement. NOW THEREFORE BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CENTERVILLE approves the City Administrator to hereby authorize and execute such agreements as are necessary to implement the project on behalf of the applicant. Approved by the Centerville City Council on March 29, 2000. Tom Wilharber, Mayor ATTEST: Jim March, City Administrator CENTERVILLE ECONOMIC DEVELOPMENT COMMITTEE THEME WORKSHOP MARCH 21, 2000 Pursuant to due call and notice thereof, the Centerville Economic Development Committee held a City Theme Workshop prior to their regularly scheduled meeting on March 21, 2000 at City Hall, 1880 Main Street. Present: EDC Chairperson Tim Rehbine Committee Member Mary Capra Committee Member Lori Dorn Committee Member Paul Montain Committee Member John Magill Committee Member Besty Scheller Committee Member Michelle Moser Council Member Liaison Dick Travis Staff: City Administrator Jim March EDC /Staff Liaison Aimee Fairbrother Absent: None WORKSHOP CALL TO ORDER Chairperson Tim Rehbine called the workshop to order at 6:10 p.m. The following were present: Joe Goetz, Ray DeVine, Rob Sheppard, Todd Christopherson, Linda Broussard Vickers, Wayne LeBlanc, Karia DeVine, Monica Travis, Carol Erks, Shelly LaBarre, Carol Charais, Bob Sheeran and Bruce Romy. Mr. Larry Wacker from Sanders, Wacker and Bergly Inc. was present and gave a presentation relating to the roles his firm takes when hired by a city as community consultant. Mr. Wacker described how his organization is able to create a community development master plan based on projects desired by the city. Mr. Wacker indicated that when a community is looking at the "big picture" of a redevelopment change, the project could stretch out to surrounding communities, area parks and even the highway systems. Major elements in a redevelopment should include: transportation, auto safety, pedestrian safety, neighborhoods, park systems, and downtown issues along with theme, lighting, pavement styles, etc. Mr. Wacker stated it is important to prioritize e issues, set goals associated with the issues, and work them into the planning process. Mr. Wacker stressed one of his firms roles is to get the planning process out to everyone Page 1 of 2 I , affected, so they have an opportunity to give input. In his experience, information should be equally shared and the public should know where the process is going and how decisions are being made. Residents need to understand why changes are taking place, before they become active in the design process. Mr. Wacker stated that if his firm was hired, they would prepare a "master plan" for Centerville, look at existing conditions, determine the present tools we have to work with, make recommendations, set parameters, review street infrastructure, prepare cost estimates, etc. Mr. Wacker indicated this process would take several meetings and may be "painstaking" to the "core- planning group ". Time would need to be spent tearing apart issues, identifying needs and deciding what the ultimate result will be. Mr. Wacker displayed several projects his firm has completed in reference to city redevelopments, and estimated most projects take about one year. A typical fee for this type of service would be priced at $15,000 depending on the specific needs and desires of the city. The theme workshop adjourned at 7:50 p.m. Respectfully Submitted, Aimee Fairbrother Page 2 of 2 NOT APh CENTERVILLE ECONOMIC DEVELOPMENT COMMITTEE REGULAR MEETING MINUTES MARCH 21, 2000 Pursuant to due call and notice thereof, the Centerville Economic Development Committee held a their regularly scheduled meeting scheduled meeting on March 21, 2000 at City Hall, 1880 Main Street. Present: EDC Chairperson Tim Rehbine Committee Member Mary Capra Committee Member Lori Dorn Committee Member Paul Montain Committee Member John Magill Committee Member Besty Scheller Committee Member Michelle Moser Council Member Liaison Dick Travis Staff: EDC /Staff Liaison Aimee Fairbrother Absent: None CALL TO ORDER Chairperson Tim Rehbine called the meeting to order at 7:50 p.m. APPROVAL OF MINUTES Motion by Mr. Montain, seconded by Ms. Dorn to approve the February 15, 2000, meeting minutes with noted correction. All in favor. Motion carried unanimously. OLD BUSINESS Design Team - Workshop Review Mr. Rehbine shared the need for a "leader" to take on the roles of continuing with the Design Team vision. This person could be staff member or a volunteer. This person would keep the residents involved and knowledgeable about the changes. Mr. Montain will talk to the downtown business owners, one on one about future plans for buildings they own in the downtown area, and will share his results with EDC in April. Mr. Page 1 of 3 Montain will also put together costs on different elements of revitalization, in order to obtain a consensus on whether we need to go forward with hiring a consultant and if so, what specific items the consultant would be responsible for. Anoka County Historical Society Ms. Capra referenced the Anoka County Historical Register application form, and indicated if EDC wanted to pursue historical properties within Centerville, EDC would be further ahead if they concentrated on placing buildings on the Anoka County Historical Register rather than Minnesota Historical Society. The committee feels it may be easier to have the buildings placed on the state register, if the buildings are already on the Anoka County Historical Society Register. Welcome Neighbor Packets Ms. Fairbrother stated 500 packets have been purchased, and thank you cards have been sent to the organizations that donated toward the costs of the project. City Logo Mugs The marketing promotion presented at the February meeting was given to Centerville Floral, who purchased twenty-four mugs, Jumpin Java who has not responded and Why USA, who declined the offer. Awards Lifetime Achievement: There will not be a Life Time Achievement Award presented this year. No nominations were submitted. Business of the Year: Lloyd Drilling was selected for the 1999 Business Person of the Year Award. Mr. Drilling will receive his award at the Annual Business Appreciation Dinner in May. Citizen of the Year: Aimee Fairbrother was selected for the 1999 Citizen of the Year Award. Ms. Fairbrother will receive her award at a City Council meeting in April. Ms. Capra will order the trophies /plaques for the winners. NEW BUSINESS Business Appreciation Dinner The date for the Annual Business Appreciation Dinner will be May 23, 2000. The dinner will be held at City Hall, and arrangements will be coordinated by Ms.Capra, Ms. Dorn, Ms. Scheller and Ms. Moser. Page 2 of 3 . z ADJOURNMENT Motion to adjourn at 9:37 p.m. was made by Mr. Rehbine seconded by Ms. Capra. Motion carried unanimously. Respectfully Submitted, ifiuu Aimee Fairbrother EDC/Staff Liaison Page 3 of 3 ti n n r �/ n �' ' e termite v tte 1880 Main Street • Centerville, 'MN 55038 Established 1857 (651) 429 -3232 • Fax(651)429-8629 March 24, 2000 Mr. Tom Peterson Bonestroo, Rosene, Anderlik and Associates 2335 West Highway 36 Saint Paul, MN 55113 Re: Follow -up on Previous Correspondence Sent to you Dated February 16, 2000 Pertaining to Future Trail Establishment within Developer Agreements Dear Mr. Peterson: The Centerville Parks and Recreation Committee is requesting any future Developer Agreements be written to include the following: 1. Leave the width of the trails at 20 feet. 2. Install any trails before the construction of any homes, by using class five. 3. Place a barrier fence along each edge of the trail during construction. 4. Install signs indicating "Future Trail". 5. Pave the trail when the adjacent homes are complete. With the placement of the trails prior to construction, it will ensure future trails will exist within the new development as well as connect the existing trails within the City. If you have any questions or concerns, please feel free to contact Jim March at: 429 -3232. The Centerville Parks and Recreation Committee would like to extend our thanks for your attention to this matter. Sincerely, Centervtle, Pa rk&avtcLRecreatttowConun%ttee- CPR/jml CC: Centerville City Council Planning and Zoning Commission Attorney James Hoeft Paul Palzer, Building Official/Public Works Director Jim March, City Administrator yy y � - fie / vitte 1880 Main Street • Centerville, MN 55038 Established 1857 (651) 929 - 3232 • fax(651)429 March 8, 2000 Mr. Joe Goetz Goetz Landscape & Irrigation, Incorporated 2030 Main Street Centerville, MN 55038 Re: Estimate on Proposed Landscape Installation Dear Joe: The Park and Recreation Committee of the City of Centerville has accepted your bid for landscaping around the signs at Royal Meadows Park, Eagle Park and Acorn Creek Park. Enclosed you will find a check in the amount of $898.95, which is 50% of the total amount quoted of $1797.90. The Park and Recreation Committee is excited about working with your firm, and will be contacting you shortly to arrange a starting date. Once again, thank you for your interest in making Centerville's parks more pleasing to the eye! Sincerely, Jill Lien Park and Recreation Staff Liaison CC: Park and Recreation Committee City Council Jim March, City Administrator Paul Palzer, Public Works Director/Building Official