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2010-12-22 Set Agenda & Handouts
CITY OF CENTERVILLE COUNCIL MEETING AGENDA Wednesday, December 22, 2010 (:enterviffe 6.30 p.m. or shortly thereafter E50tfisr165; Set Agenda = Italics OPEN FORUM 6:30 p.m.: An opportunity for members of the public to address the City Council on items not on the current agenda. Items requiring Council action may be deferred to staff or Boards and Commissions for research and future Council Agendas if appropriate. You will be limited to two (2) minutes and we ask that you conduct yourself in a professional, courteous manner, and refrain from the use of profanity. Failure to abide by this policy may result in the loss of your privilege to speak. Persons wishing to speak will be required to complete a sign -up sheet and give it to the Mayor or a Staff person by 6:15 p.m. COUNCIL MEETING I. CALL TO ORDER 1. Roll Call II. INPUT HEARING(S) III. APPROVAL OF AGENDA IV. APPROVAL OF MINUTES 1. December 8, 2010 City Council & Work Session Meeting Minutes (Pages 1- 5) V. CONSENT AGENDA 1. City of Centerville December 9, 2010 through December 22, 2010 Claims (Check #25972 2598-2. 599826023) (Page 6) & (Check 926024 - 26637) (Page 6a) 2. Centennial Police Department Claims through December 9, 2010 (Check #8124 -8143) (Page 7) * *Check #8411 Voided ** 3. Centennial Fire Department Claims through December 15, 2010 (Check #4609 -4633) (Page 8) 4. Successful Performance Reviews a. City Clerk (Completion of 12 Years) — Pay Scale Max., No Adjustment b. Finance Director (Completion of 19 Months — Grade 12, Step 3 to Step 4 Effective January 1, 2011) C. Receptionist/Secretary (Completion of 9 Years — Grade 4, Step 8 to Step 9 Effective December 13, 2010) 5. Pay Request #1, CDBG Water Project — GM Contracting, Inc. - ($102,602.74) (Pages 9 -11) 6. Approval of Fifth Rider to Agreement wlSt. Paul Water (Storinwater Line to Laurie La otte 'ark) (pages Ha-Ile) VI. AWARDS /PRESENTATIONS /APPEARANCES 1. Mr. Greg Kieselhorst, Centerville Lions Annual Ice Fishing Contest Requests VII. OLD BUSINESS L Parking Restrictions —Mill Road (}gage Ifi VIII. NEW BUSINESS 1, Centerville Lions Request for Permits Associated w/Annual lee Fishing Contest Scheduled for Saturday, February 12, 2011 (Page 12) a. Special Event Permit b. Noise Permit C. Temporary/Event Liquor License d. Raffle/Gambling Permit 2. Res. #10-0'XX — Recognition of Mary Capra for Outstanding Service to the City of Centerville (Page 12a) za di Re's. #10-OXAl" o Brous'sill rd T"ic,19-1 g (y 3. Ord. #XX, Second Series — 2011 Fee Schedule (Pages 13-35) a. Utility Fund Budget — 2011 (Pages 36-38) 4. Res. #10-OXX — Amending the 2010 Budget (Pages 39-41) 5. Planning & Zoning Commission Recommendations a. Deny Variance Request from Mr. Derek Gavin, 1540 Peltier Lake Drive to Construct a Garage on an Existing Cement Slab that Encroaches Setback (Page 42) b. Approve Relocation of Accessory Structure (Garage) from 7087 — 20 Avenue South to 6970 LaMotte Drive (Page 43) C. Adoption of Ord. #XX, Second Series Amending Chapter 156, Sections 156.030 & 156.040 — Allowing Closely Similar Usages in the C-1 & 1-1 Zoning Districts that are not Mentioned as Permitted or Conditional (Page 44) d. Adoption of Ord. #XX, Second Series Amending Chapter 153, Section 153.44 — Allowing Hydro-Seeding Subject to Specific Requirements (Page 45) 6. Massage Establishment Renewal & Massage Therapist Renewal (Ia e 45,,7 a. A Sense of Life & Ms. Lisa Kieselhorst b. Hair Gallery & Ms. Connie Eisen 7. Tobacco/Liquor License Renewals — 2011 (Pages 46-48) a. Trio Inn — Off— Sale, On-Sale, Sunday Liquor & Tobacco b. Kelly's Korner — Off — Sale, On-Sale, & Sunday Liquor 8. Pay Equity Implementation Form (Pages 49-53) IX. ANNOUNCEMENTS/UPDATES 1. City Administrator, Tobacco Compliance Checks I s ig�,qds:n�! i ; - ) 6� Adayor A1171" A11,7 R URg A X. ADJOURNMENT "R E 64 1 NOEMS " Planning Zoning Commission Meeting Parks Recreation Committee Meeting 5,20 111,630 Parks & Recreation Committee Skate Nights Rciioa y 8 Fvbwak� 5 201 „, 6 K)l p W 9 00 iM U,,LgiC L.aNftAk� N17eworliaJ ?20. Parks & Recreation Committee Horsedrawn Hayrides -- Warr wary 8, 2,0 � u, 6°,;O ICp X,JO pmi, I aodi I L , ,AVAou Park City Council Meeting 12 2010, 6;,W Cowlic 0 charilhers City Council Meeting --k.vn qnP20, 2� ' � (1, (ER) (:Dwlc�d ",]roElrrbors Parks & Recreation Committee StarWing/Snowshoeing — V, ebivary 1, lime wffl bc kwthomiing Lap rie Tvfproi,mJau Pa:A Annual Lions Fishing Contest— t'&WJUviry 11 2U 1 V, Ct�f. rvfllc L.akc CITV 1U,,1L1 CL10SIED December 24, 2010 in observance of the Christmas Holiday December 31, 2616 in observance of New Year's I tei viffe Name Check Date 10100 CENTRAL BANK Paid Chk# 026024 ACR, INC. 12/23/2010 Paid Chk# 026025 ANOKA COUNTY PROPERTY 12123/2010 Paid Chk# 026026 BUNKER PARK STABLES, INC. 12/23/2010 Paid Chk# 026027 BURMEISTER, GREG 12/23/2010 Paid Chk# 026028 BUSINESS FORMS & ACCOUNTING 12/2312010 Paid Chk# 026029 COMCAST 12/23/2010 Paid Chk# 026030 CORNER EXPRESS 12123/2010 Paid Chk# 026031 DELTA DENTAL 12123/2010 Paid Chk# 026032 KEY AUTOMOTIVE SERVICE 12/23/2010 Paid Chk# 026033 NATIONWIDE RETIREMENT 12/23/2010 Paid Chk# 026034 TIME SAVER 12/23/2010 Paid Chk# 026035 VERIZION WIRELESS 12123/2010 Paid Chk# 026036 WINNICK SUPPLY 12/23/2010 Paid Chk# 026037 XCEL ENERGY 12/23/2010 Paid Chk# 026038 US BANK* 12/23/2010 Paid Chk# 501071 E BI- WEEKLY ACH 12/9/2010 Paid Chk# 501087E BI- WEEKLY ACH 12123/2010$ Total Checks ACH CHECKS 10100 CENTRAL BANK Paid Chk# 000096E REV - TRAK - MERIDIAN BANK 12/17/2010 Paid Chk# 000097E IRS /EFTPS 12/22/2010 Paid Chk# 000098E MINNESOTA DEPT OF REVENUE 12/23/2010 Paid Chk# 000099E WELLS FARGO 12/23/2010 aid Chk# 000100E PUBLIC EMPLOYEES RETIREMENT 12/23/2010 aid Chk# 000101E IRS /EFTPS 12/23/2010 Total Checks CITY OF CENTERVILLE *Check Summary Register© DECEMBER 2010-UPDATE Check Amt 12/22/10 11:08 AM Page 1 $244.07 2008 F250 SUPERDUTY - REPAIRS/ $148.00 2018822.001 - 6880 BEAVER POND $594.53 P & R HAY RIDE —1 -8-11 $175.97 CLOTHING ALLOWANCE REIMBURSEME $125.47 W -2 & 1099 FORMS $16.90 1880 MAIN ST - HIGH -SPEED INTE $1,120.60 FUEL $76.05 PF99867701 - JAN. 2011 DENTAL $21.40 WIPER BLADE P.W. $400.00 DEF. COMP - PAY PERIOD 26 $252.50 11 -24-10 & 12 -8-10 COUNCIL MEE $308.64 ADMIN. CELL PHONE, PW. & BI CELL PHONE $1,991.57 WELDER $1,250.98 1880 MAIN ST - SERV THRU 12-4- $566.63 OFFICE SUPPIES, ENDICA INTERNET POST, EN $19,060.69 PAY PERIOD 25 19,151.82 PAY PERIOD 26 $45,505.82 $28.13 REV -TRAK BANK CHARGES $6,964.28 PAY PERIOD 26 - PAYROLL TAX $1,277.42 PAY PERIOD 26 PAYROLL TAX $1,737.43 H.S.A. PYMT PAY PERIOD 26 $3,274.68 PERA - PAY PERIOD 26 $38.26 FICA/MEDICARE - PAY PERIOD 26.1 $13,320.20 Agreement # 02 FIFTH RIDER TO AGREEMENT THIS AGREEMENT, made this 14 day of December 2010, by and between the BOARD OF WATER COMMISSIONERS OF THE CITY OF SAINT PAUL, Minnesota, (the "Board ") and the CITY OF CENTERVILLE, Minnesota (the "Penrluttee "), being a Filth Rider to that certain Agreement made by and between Board and Permittee the 9th day of June, 1966, and by this reference incorporated herein and made a part and parcel hereof with the same intent, purpose and affect as if said Agreement were set forth herein verbatim. WHEREAS, the Board now possesses fee title to a 49.5 -foot wide right of way, centerline of which being the west line of the South 1 /2 of Section 23, Township 31 North, Range 22 West in City of Centerville, Anoka County, Minnesota (the "Premises "), as also shown on attached Exhibit "A ", attached hereto and incorporated herein; and WHEREAS, Permittee desires permission to enter upon certain portions of the Premises to therein install a directionally bored 14 -inch HDPE storm sewer pipe; and WHEREAS, the Board is willing to grant said permission to the Permittee consistent with requirements and safety of the works of the Board. NOW, 'THEREFORE, BE IT AGREED, in consideration of the mutual promises and agreements of the parties hereto: That subject to all terms and conditions contained in said Agreement between the parties hereto made and entered into the 9th day of June 1966, the Board hereby grants to Permittee permission to enter upon portions of said Premises and to there within install, maintain and carry out all Board approved operations in respect to the following: V:I ENGTNEERINGI CLERICALIBOARD WGRF£MFNTS\RIDFRICF.NTF.RVII.[.F 05 12 -14-10 DOC S /al 1. Permitted Activitv Directionally bore a 14 -inch HDPE storm sewer pipe under the Board's 42 -inch CIP raw water conduit within the Premises at approximately 900 feet south of LaMotte Drive as shown on Exhibit "A ", attached hereto and incorporated herein. 2. Conditions All work shall be performed in accordance with good engineering practices and in accordance with approved plans for the Centerville Storm Water Reclamation Project on file in the offices of Board and City. 3. Notification City or City's contractor shall notify Board's Vadnais Supervisor at least 48 hours in advance of permitted activity to schedule inspection and coordination of work, Board's Vadnais Supervisor may be reached between the hours of 8 a.m. - 4 p.m. at 651 -775- 6192, except on weekends and holidays. 4. Insurance Section 30 of the June 9, 1966 Agreement is hereby amended to require public liability insurance in minimum amounts of $500,000 for bodily injury or death to one person, $1,500,000 on account of any one accident and $1,500,000 for damages to or destruction of any property. This Agreement is made and executed pursuant to and under the authority of Resolution numbered 7101 adopted by the Board of Water Commissioners of the City of Saint Paul on the 14 day of December, 2010, a copy of said Resolution being annexed hereto and by this reference incorporated herein and made a part hereof the same as if set forth verbatim. [Remainder of page left intentionally blank.] V:1ENGINEERNGI CLERICALI BOARDtAGREEMENISIRIDER ICENTERVILLE OS_I2- 24- IO.DOC //Z ITT WrTNES 9 \VHEREOF, the parties hereto have executed these presents in triplicate the day and year first above written. Approved: Approved: Stephen P. Schneider, General Manager Saint Paul Regional Water Services Approved as to form: Assistant City Attorney CI"T"Y OF CEI <TERVILLE, NffNNESOTA By Mayor City Clerk BOARD OF WATER COMMISSIONERS CITY OF SAINT PAUL, MEVNESOTA By Patrick Harris, President Btu Un Mollie Gagnelius, Secretary Margaret Kelly, Director Office of Financial Services V:l EN GINEERI NGICLERICAL\ BOARDLAGREEMENTSIRMER 10ENTERVILLE 05 12 -14 -10 DOC H El I er L Lzq/z 1. rg Exhibit "A 1116-1 IR LaM07 H El I er L Lzq/z 1. rg Exhibit "A 1116-1 FORD OF WATER COMWSSIONFRS RE50LE1T(Ohi — GENERAL FORM 140 7101 PRESENTEE) BY Helgen comm�SSjONEP R�,r� December 14, 2010 NNUEREAS, the Board of Water Commissioners does possess fee title to a 49.5 -foot wide right of way, centerline of which being the west line of the South '/2 of Section 23, Township 31 North, Range 22 West in City of Centerville, Anoka County, Minnesota (the "Premises "); and WHEREAS, the City of Centerville having entered into an Agreement with the Board dated June 9, 1966 for the purposes of locating certain public works and performing certain operations within the Board -owned property in the City of Centerville; and WHEREAS, the City of Centerville desires to install a 14 -inch storm sewer across the Premises at approximately. 900 feet south of LaMotte Drive in the City of Centerville; and WHEREAS, staff has prepared a Fifth Rider to Agreement which sets forth the conditions of said clearing and removal, and which protects the Board's rights, interests, and facilities; now, therefore, be it RESOLVER, that the Fifth Rider to Agreement with the City of Centerville is hereby approved and that the proper officers of the Board are hereby authorized and directed to execute said Fifth Rider on behalf of the Board. Water Commissioners Yeas Anfang Mays Bykowski Helgen Kl.eindl President Harris In favor 5 Oppos -2 — Adopted by the Board of Water Commissioners December 14, -)010 +► 60 R tia,� , 4 _ __ 1 //6 Excerpt from June 10, 7009 City Council Meeting Minutes VII. OLD BUSINESS 1. Parking Restrictions — Mill Road (During 2009 Street Project) --- Continued from Previous Meeting City Administrator Larson stated that, according to Public Works Director Palzer, the cost for seven No Parking signs would be $100 each, for a total of $700. Mayor Capra stated her recommendation is that this is not a temporary decision. Councilmember Broussard Vickers stated that she does not believe they are ready to decide on this permanently at this time. She recommends making a final decision after construction is completed. Councilmember Paar stated that the City will need No Parking signs in other places, so they should make sure the signs can be reused. Councilmember Lee reported that he has been watching the area to see how busy it is. He stated that it is not as safe during construction, and he is in favor of the No Parking signs. Councilmember Fehrenbacher stated that he is willing to commit to temporarily doing the signs. He added that this could be readdressed at the end of next year. He believes the signs should be on the side of the road where the trail will be. Councilmember Lee stated that the Police Department needs to be made aware of these signs. Motion by Councilmember Lee, seconded by Councilmember 1Paar, to approve the expenditure of $700 for No Parking signs for the east side of Mill Road, until the Citv Council decides thev should be removed, with the final review by the end of 2010. All in favor. Motion carried unanimously Imes. 9.10-0 A RE SOLUTION RECOGNIZING THE SERVICE, DEDICATION AI\TD SELFLESSNESS OF MAYOR. CAPRA AND HER FAMIY WHEREAS, Ms. Capra was first appointed to the Economic Development Committee by the City Council on March 27, 1996 and served through December 2000, and WHEREAS, Ms. Capra ran for City Council in 2000 and won her seat as a Council Member and served as a Council Member from 2001 -2004, and WHEREAS. Ms. Capra ran for the office of Mayor in 2004 and won her seat as the Mayor, and WHEREAS, Ms. Capra has served the citizens of Centerville in many capacities over her fourteen years; including, but not limited, to the Economic Development Committee, Parks and Recreation Committee, North Metro Telecommunications Cable Commission, Centennial Fire Steering Commission, Rush Line Corridor Task Force, I35WE Coalition, Centennial Lakes Police Commission, Citizen Corp. Council, Lifetime Achievement Committee, Co -Chair of the 1998 Minnesota Design Team Visit, and as the City Historian, and WHEREAS, Ms. Capra's warmth, wisdom, humor, proven leadership skills and knowledge has earned her the respect of her fellow Council Members, City staff and colleagues she has served with throughout Anoka County and the State of Minnesota, and WHEREAS, As a colleague she has always treated her fellow Council Members with respect and valued their opinions even when they disagreed with hers, and WHEREAS, Ms. Capra has provided excellent leadership as Mayor, demonstrated initiative and perseverance through difficult decision making and times of great change within the City, and WHEREAS, Ms. Capra's family; husband Dan, sons Nathan, Matthew and Philip have had to make great scarifies over the past fourteen years, and this Council recognizes that when an individual serves in the capacity as an elected official, their family serves also. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF CENTERVILLE, MINNESOTA, expresses its regrets to seeing her leave this honorable service, but wishes her well in what lies before her. We thank her for her fourteen years of dedication to this community as she has served others through her choices. The City of Centerville wishes you every success in your future endeavors and knows that whatever avenues you pursue, you'll contribute 110 %. You will truly be missed. Adopted by the Council this 22n day of December, 2010. Acting Mayor — Jeff Paar Teresa Bender — City Clerk Res. #10 -0 A RESOLUTION RECOGNIZING THE SERVICE AND DEDICATION OF COUNCIL MEMBER, LINDA BR©USSA.RD VICKERS AND HER FAMIY WHEREAS, Ms. Broussard Vickers was first appointed to the Planning and Zoning Commission by the City Council on November 13, 1996, and WHEREAS, Ms. Broussard Vickers has served the citizens of Centerville from November 1996 — July 1999 as a Planning and Zoning Commission Member, and WHEREAS, Ms. Broussard Vickers was appointed to serve on City Council July 14, 1999 to fill a vacancy, and served her community through to the next general election in 2000 where she was elected to the office of Council Member, and WHEREAS, Ms. Broussard Vickers has served as a liaison to Planning and Zoning Commission, Parks and Recreation Committee, North Metro Telecommunications Cable Commission, Centennial Fire Steering Commission and Centennial Lakes Police Commission, and WHEREAS, Ms. Broussard Vickers has provided excellent leadership, demonstrated initiative and perseverance through difficult decision making and times of great change within the City, and WHEREAS, Ms. Broussard Vickers is a leader that is respected by her fellow Council Members, City staff and elected officials she has served with throughout Anoka County and the State of Minnesota. As a colleague, she has always treated her fellow Council Members with respect and valued their opinions even when they disagreed with her, and WHEREAS, the Council recognizes that when an individual serves, so serves their family and the Council recognizes and acknowledges their sacrifices. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF CENTERVILLE, MINNESOTA, expresses its regrets to seeing her leave this honorable service; but, wishes her and her family well in what lies before them. We thank her for her ten plus years of dedication to this community as she has served others through her choices. The City of Centerville wishes you every success in your future. You will truly be missed. Adopted by the Council this 22 day of December, 2010. Acting Mayor — Jeff Paar Teresa Bender — City Clerk 1 _ I'U €C TO: Honorable Mayor & Council Members FROM: Staff SUBJECT: Massage Therapist (Lisa Kieselhorst, Connie Eisen) & Establishment (A Sense of Life, Hair Gallery) License Renewal DATE: December 22, 2010 All applications have been received with the appropriate fees; however, background checks have not been completed. All establishments and therapists are the same as last year. Recommendation would be to approve subject to successful background checks. MYOF CENTERVILLE SNOWPLOWING POLICY 1. Introduction The City of Centerville believes it is in the best interest of the residents for the City to assume basic responsibility for control of snow and ice on City streets. Reasonable ice and snow control is necessary for routine travel and emergency services. The City will provide such control in a safe and cost effective manner, keeping in mind safety, budget, personnel, and environmental concerns. The City will use City employees, equipment, and/or private contractors to provide this service. Z. When will City start snow or ice control operations? The Public Works Director or his designee will decide when to begin snow or ice control omens. The criteria for that decision are: A Snow acarmulation of 3.0 inches or more; B. Drifting of snow that causes problems for travel; C. Icy conditions which seriously affect travel; and D. Time of snowfall in relationship to heavy use of streets. Snow and ice control operations are expensive and involve the use of limited personnel and equipment. Consequently snowplowing operations will not generally be conducted for snowfall of less than 3.0 inches. 3. How snow will be plowed Snow will be plowed in a manner so as to mime any traffic obstructions. The center of the roadway will be plowed first. The snow shall then be pushed from left to right. The discharge shall go onto the boulevard area of the street. When a plow goes on a bridge, the driver shall slow down so snow does not go over the bridge, if possible. In tunes of �.,.�.:..� snowfall, streets will not always immediately be able to be completely cleared of snow. 4. Snow removal The Public Works Director will determine when snow will be removed from the area by truck Such snow removal will occur in areas where there is no room on the boulevard for snow storage and in areas where accumulated piles of snow create a hazardous condition. Snow removal operations will not commence until other snowplowing operations have been completed. Snow removal operations may also be delayed depending on weather conditions, personnel, and budget availability. The snow will be removed and hauled to a snow storage area. The snow storage area will be located so as to minimize environmental problems. Momwnft and set inVNTBwJw.CEN =V11JM M oW se dWkTe®pwwy Idnet FHeslor.HE MnovVbvft Poft 2MVIdw 1 5. Priorities and schedule for which streets will be plowed The City has classified City streets based on the street fimetion, traffic volume, and importance to the welfare of the community. Those streets classified as "Snow Plow Routes" will be plowed first. These are high volume routes, which connect major sections of the City and provide access for emergency fire, police, and medical services. The second priority will be drives and parking areas for the Fire Station and those streets providing access to schools and commercial businesses. The third priority streets are low volume residential streets. The fourth priority areas are alleys, cul-de -sacs and City parking lots. 6. Work schedule for snowplow operators Snowplow operators will be expected to work eight -hour shifts. When conditions and service requirements to the public warrant, the Public Works Director may start shifts at a different time than normal and may conclude work after eight hours. In severe snow emergencies, operators sometimes have to work in excess of eight -hour shifts. However, because of budget and safety concerns, no operator shall work more than a twelve -hour shift in any twenty- -four hour period. Operators will take a fifteen-minute break every two hours with a half -hour meal break after four hours. After a twelve -hour day, the . "& "6 will be replaced if additional qualified personnel are available. All work schedules shall be subject to the collective bargaining agreement then in effect. 7. Weather conditions Snow and ice control operations will be conducted only when weather conditions do not endanger the safety of City employees and equipment. Factors that may delay snow and ice control operations include: severe cold, significant winds, and limited visibility. B. Use of sand, salt, and other chemicals The City will use sand, salt, and other chemicals when there are hazardous ice or slippery conditions. The City is concerned about the effect of such chemicals on the environment and will limit its use for that reason. 9. Sidewalks Inspection and maintenance of sidewalks will be in accordance with the City of Centerville Sidewalk Inspection and Maintenance Policy. Adopted by the Council this 27th day of December, 2006. C:1DoamnMa md ScOWCa®powy ratamt MnV)LR=i ........ ,1, PolWy 200MAw 2 CHAPTER 93: STREETS AND SIDEWALKS Section General Provisions 93.01 Removal of snow, ice, dirt and rubbish from sidewalks 93.02 Deposits on streets prohibited 9103 Mailbox placement and installation Use of Rights -of -Way 93.15 Election to manage 93.16 Definitions 93.17 Permit requirement 9118 Permit applications 93.19 Issuance of permit; conditions 93.20 Permit fees 93.21 Patching and restoration 93.22 Supplementary applications 93,23 Denial of permit 93.24 Installation requirements 9125 Inspection 93.26 Supplementary notification 9127 Revocation of permits 9128 Mapping data 9129 Location of facilities 93.30 Damage to other facilities 93.31 Indemnification and liability 93.32 Abandoned facilities 93.33 Appeal 93.34 Reservation of regulatory and police powers 93.99 Penalty § 93.01 REMOVAL OF SNOW, ICE, DIRT AND RUBBISH FROM SIDEWALKS. (A) Cleaning of .sidewalks All owners of property in the city shall provide for the removal of snow, ice, dirt, debris, litter, branches and other obstructions or accumulation of materials from all public sidewalks adjacent to their property within 24 hours after its deposit thereon. (B) Removal by city; assessment of costs. (1) Any snow, ice, dirt, debris, branches and litter remaining on the public sidewalks of the city is in violation of this section and may be removed by the Director of Public Works or his or her designee. The Director of Public Works shall determine the cost of the removal and the owner of the property abutting the sidewalk from which the city has made the removal shall be charged for the cost. (2) Periodically, the Administrator shall list the total unpaid charges for removal from a public sidewalk of snow, ice, debris, branches and litter against each separate lot or parcel to which they are attributable under this section. The Council may then spread the assessment charges against the property benefitted as a special assessment under M. S. § 429. 10 1, as amended, and other pertinent statutes for certification to the County Auditor and collection along with the current taxes the following year. (C) Sidewalk Maintenance and Repair. (1) Primary Responsibility. It is the primary responsibility of the owner of property upon which there is abutting any sidewalk to keep and maintain such sidewalk in safe and serviceable condition, (2) Construction, Reconstruction and Repair Specifications. All construction, reconstruction or repair of sidewalks shall be done in strict accordance with specifications on file in the office of the Public Works Director, (3) Notice - No Emergency, Where, in the opinion of the Public Works Director, no emergency exists, notice of the required repair or reconstruction shall be given to the owner of the abutting property. Such notice shall require completion of the work within ninety days, and shall be mailed to the owner or owners shown to be such on the records of the County Officer who mails tax statements. (4) Notice - Emergency. Where, in the opinion of the Public Works Director, an emergency exists, notice of the required repair or reconstruction shall be given to the owner of the abutting property. Such notice shall require completion of the work within ten days, and shall be mailed to the owner or owners shown to be such on the records of the County Officer who mails tax statements, (5) Failure of Owner to Reconstruct or Make Repairs, If the owner of the abutting property fails to make repairs or accomplish reconstruction as herein required, the Clerk-Treasurer shall report such failure to the Council and the Council may order such work to be done under its direction and the cost thereof assessed to the abutting property owner as any other special assessment. (6) Duty to Inspect. In order to accomplish the purpose of this Section it shall be the duty of the Public Works Director to inspect sidewalks within the City, or cause the same to be inspected under his/her direction. (D) Improvements; ownership. Nothing contained in this section shall prevent the City Council from undertaking any public improvement with respect to the construction, maintenance, replacement, repair, relocation or removal of sidewalks in the city pursuant to M.S. Chapter 429, as amended, or any other applicable ordinance, statute or law. Further, this section shall not be construed as to empower the owner of any land adjacent to any public or municipal sidewalk to claim ownership thereof, to remove any sidewalk without the replacement thereof, or to place or permit any form of barricade, obstruction or other hindrance to the free passage of any pedestrian thereon without the express written consent of the City Council, (Ord. #50, adopted 12/26/1990, Ord, amended 1.0111/2006) § 93.02 DEPOSITS ON STREETS PROHIBITED. (A) No person shall sweep, shovel or otherwise deposit any leaves, grass, rubbish or other materials of any kind in any street or gutter within the city. (13) It is unlawful for any person not acting under a contract with the city to dump snow or ice on city property or on a street. (Ord, adopted 8/24/1994) Penalty, see § 93,99 § 93.03 MAILBOX PLACEMENT AND INSTALLATION. (A) Intent. The intent of this section is to reduce the number of mailbox and paper box locations on city streets. The reasons for this are to make snow removal a more efficient process and to enhance the looks of the city streets, (13) Grouping mailboxes and paper boxes. All mailboxes shall be clustered in groups of not less than four nor more than six. Paper boxes are in addition to the mailboxes and shall be installed on the same stand. Groups of less than four will be ,allowed if any mailbox is more than 250 feet from the property it serves. (C) Location. The Public Works Director shall produce a mailbox location plan for the city and designate group mailbox locations. Residents replacing existing mailboxes will check with City Hall for the new group box locations. (D) Handicapped and elderly persons. Any handicapped or elderly person who would have difficulty using a group box location shall be exempt from this section upon notification of handicap or physical condition to the City Hall, (E) Removal of paper boxes from the right-of-way. As of 8-1-1990, all paper boxes not in group locations will be removed from the city street right-of-way. (F) Cul-de-sac. Group mailbox and paper box stands shall not be located in any cul-de-sac. Box locations will be allowed on streets entering and leaving the cul-de-sac. (G) New developments. Developer agreements shall provide for installation of mailboxes in new developments. (H) Maintenance. Maintenance of the mailboxes and platforms shall be the responsibility of the residents served. (Ord. #48, adopted 5124/1989) Penalty, see § 93.99 USE OF RIGH TV- OF- WA Y § 93.15 ELECTION TO MANAGE. (A) To provide for the health, safety and welfare of its citizens, and to ensure the integrity of its streets and the appropriate use of the rights-of-way, the city strives to keep its rights-of-way in a state of good repair and free from unnecessary encumbrances. (B) Pursuant to the authority granted to the city under state and federal statutory, administrative and common law, the city hereby elects pursuant to M.S. § 237.163, Subdivision 2(b), as amended, to manage rights-of-way within its jurisdictions. (Ord. #74, adopted 11/27/2002) § 93.16 DEFINITIONS. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. References hereafter to sections are unless otherwise specified references to sections in this subchapter. Defined terms remain defined terms whether or not capitalized. ABANDONED FACILITY A facility no longer in service or physically disconnected from a portion of the operating facility or from any other facility that is in use or still carries service. A facility is not abandoned unless declared so by the right-of- way user. APPLICANT. Any person requesting permission to excavate or obstruct a right-of- way. CITY INSPECTOR Any person authorized by the city to carry out inspections related to the provisions of this subchapter. COAMISSION. The State Public Utilities Commission. CONGESTED RIGHTS-OF-WAY A crowded condition in the subsurface of the public rights-of-way that occurs when the maximum lateral spacing between existing underground facilities does not allow for construction of new underground facilities without using hand digging to expose the existing lateral facilities in conformance with M.S. § 216D.04, Subdivision 3, as amended, over a continuous length in excess of 500 feet. DEGRADATION. A decrease in the useful life of the right-of-way caused by excavation in or disturbance of the right-of-way, resulting in the need to reconstruct the right-of-way earlier than would be required if the excavation or disturbance did not occur, DEGRADATION COST. Subject to Minn. Rules 7819.1100, means the cost to achieve a level of restoration as determined by the city at the time the permit is issued, not to exceed the maximum restoration shown in plates one to 13, set forth in Minn. Rules parts 7819.9900 to 7819,9950, DEGRADATION FEE. The estimated fee established at the time of permitting by the city to recover costs associated with the decrease in the useful life of the rights-of- way caused by the excavation, and which equals the degradation costs, DELAY PENALTY The penalty imposed as a result of unreasonable delays in right-of-way excavation, obstruction, patching or restoration as established by permit. EMERGENCY A condition that: (1) Poses a danger to life or health, or of a significant loss of property; or (2) Requires immediate repair or replacement of facilities in order to restore service to a customer. EQUIPMENT. Any tangible asset used to install, repair or maintain facilities in any right-of-way. EXCA VA TE. To dig into or in any way remove or physically disturb or penetrate any part of a right-of-way, EXCAVATION PERMIT The permit which, pursuant to this subchapter, must be obtained before a person may excavate in a right-of-way described in the permit. FACILITY or FACILITIES. Any tangible asset in the right-of-way required to provide utility service. HOLE. An excavation in the right-of-way, with the excavation having length less than the width of the pavement. MANAGEMENT COSTS. The actual costs the city incurs in managing its rights-of- way, including the cost, if incurred, of those associated with registering applicants; issuing, processing and verifying right-of-way permit applications, inspecting job sites and restoration projects; maintaining, supporting, protecting or moving user facilities during right-of-way work; determining the adequacy of right-of-way restoration; restoring work inadequately performed after providing notice and the opportunity to correct the work; and revoking right-of-way permits. MANAGEMENT COSTS do not include payment by a telecommunications right-of-way user for the use of the rights-of- way, the fees and cost of litigation relating to the interpretation of Minnesota Session Laws 1997, Chapter 123; M.S. §§ 237,162 or 237.163, as amended, or any ordinance enacted under those sections; or city fees and costs related to appeals taken pursuant to this subchapter, OBSTRUCT To place any tangible object in a right-of-way so as to hinder free and open passage over that or any part of the right-of-way. OBSTRUCTION PERMIT The permit which, pursuant to this subchapter, must be obtained before a person may obstruct a right-of-way, allowing the holder to hinder free and open passage over the specified portion of that right-of-way, for the duration specified therein. PATCH or PATCHING. A method of pavement replacement that is temporary in nature, A PATCH consists of the compaction of the sub-base and aggregate base, and the replacement in kind of the existing pavement for a minimum of two feet beyond the edges of the excavation in pavement as included in the city's five-year project plan. PAVEMENT Any type of improved surface that is within the public rights-of-way and that is paved or otherwise constructed with bituminous, concrete, aggregate or gravel. PERMIT. The meaning given right-of-way permit in M.S. § 237.162, as amended PERMITTEE. Any person to whom a permit to excavate or obstruct a right-of-way has been granted by the city under this subchapter. PERSON. An individual or entity subject to the laws and rules of this state, however organized, whether public or private, whether domestic or foreign, whether for profit or nonprofit, and whether natural, corporate or political, PUBLIC RIGHT-OF-WAY The area on, below or above a public roadway, highway, street, cartway, bicycle lane and public sidewalk in which the city has an interest, including other dedicated rights-of-way for travel purposes and utility easements of the city. A right-of-way does not include the airwaves above a right-of-way with regard to cellular or other non-wire telecommunications or broadcast service. REGISTRANT Any person who has or seeks to have its equipment or facilities located in any right-of-way; or in any way occupies or uses, or seeks to occupy or use, the right-of-way or place its facilities or equipment in the right-of-way. RESTORE or RESTORATION. The process by which an excavated right-of-way and surrounding area, including pavement and foundation, is returned to the same condition and life expectancy that existed before excavating. RESTORATION COSTS. The amount of money paid to the city by a permittee to achieve the level of restoration according to plates one to 13 of Minnesota Public Utilities Commission Rules. RIGHT -OF = WAY. Either the excavation permit or the obstruction permit, or both, depending on the context, required by this subchapter. RIGHT OF- WA Y USER (1) A telecommunications RIGHT-OF-WAY USER as defined by M.S. § 23T 162, Subdivision 4, as amended; or (2) A person owning or controlling a facility in the right-of-way that is used or intended to be used for providing utility service, and who has a right under law, franchise or ordinance to use the public rights-of-way. SERVICE or UTILITY SERVICE. Includes those services provided by a public utility as defined in M.S. § 216B.02, Subdivision 4 and 6, as amended', services of a telecommunications right-of-way user, including transporting of voice or date information; services of a cable communications system as defined in M.S. Chapter 238, as amended; natural gas or electric energy or telecommunications services provided by the city; service provided by a cooperative electric association organized under M.S. Chapter 308A, as amended; and water, sewer, steam, cooling or heating services, SUPPLEMENTARYAPPLICATION, An application made to excavate or obstruct more of the right-of-way than allowed in, or to extend a permit that had already been issued. TELECOMMUNICATION RIGHT OF-WAY USER A person owning or controlling a facility in the right-of-way, or seeking to own or control a facility in the right-of-way, that is used or is intended to be used for transporting telecommunication or other voice or data information. For purposes of this subchapter, cable communication system defined and regulated under M.S. Chapter 238, as amended, and telecommunication activities related to providing natural gas or electric energy services whether provided by a public utility as defined in M.S. § 216B.02, as amended; a municipality; a municipal gas or power agency organized under M.S. Chapters 453 and 453A, as amended; or a cooperative electric association organized under M.S. Chapter 308A, as amended, are not TELECOA1MUNICATIONS RIGHT -OF -WAY USERS for purposes of this subchapter. TEMPORARY SURFACE. The compaction of sub-base and aggregate base and replacement, in kind, of the existing pavement only to the edges of the excavation. It is temporary in nature except when the replacement is of pavement included in the city's capital improvement plan, and is scheduled for completion within two years, in which case it is considered full restoration. TRENCH. An excavation in the pavement, with the excavation having a length equal to or greater than the width of the pavement. (Ord. #74, adopted 11/27/2002) § 93.17 PERMIT REQUIREMENT. (A) Generally. Except as otherwise provided in this code, no person may obstruct or excavate any right-of-way without first having obtained the appropriate permit from the city. (1) Excavation permit. (a) An excavation permit is required to excavate that part of the right-of- way described in the permit and to hinder free and open passage over the specified portion of the right-of-way, to the extent and for the duration specified therein. (b) An obstruction permit is not required if a person already possesses a valid excavation permit for the same project. (2) Obstniction permit. (a) An obstruction permit is required to hinder free and open passage over the specified portion of rights-of-way by placing equipment and/or garbage containers described therein on the rights-of-way, to the extent and for the duration specified therein. (b) An obstruction permit is not required if a person already possesses a valid excavation permit for the same project. (B) Permit extensions. No person may excavate or obstruct the right-of-way beyond the date or dates specified in the permit unless the person makes both a supplementary application for another right-of-way permit before the expiration of the initial permit, and a new permit or permit extension is granted. (C) Delay penalty. The city shall establish and impose a delay penalty for unreasonable delays in right-of-way excavation, obstruction, patching or restoration. The delay penalty shall be established from time to time by City Council resolution, (D) Permit display. Permits issued under this subchapter shall be conspicuously displayed or otherwise available at all times at the indicated work site and shall be available for inspection by city. (Ord. #74, adopted 11/27/2002, Ord, 2d 9 25, amended 12/10/2008) § 93.18 PERMIT APPLICATIONS. Application for a permit shall contain and will be considered complete only upon compliance with the requirements of the following provisions: (A) Submission of a completed permit application form, including all required attachments, scaled drawings showing the location and area of the proposed project and the location of all known existing and proposed facilities, and the following information: (1) Each applicant's name, Gopher One-Call registration certificate number, address and e-mail address if applicable, and telephone and facsimile numbers (2) The name, address and e-mail address, if applicable, and telephone and facsimile numbers of a local representative. The local representative or designee shall be available at all times, Current information regarding how to contact the local representative in an emergency shall be provided at the time of registration; (3) A certificate of insurance or self-insurance: (a) Verifying that an insurance policy has been issued to the permittee by an insurance company licensed to do business in the state, or a form of self-insurance acceptable to the city (b) Verifying that the permittee is insured against claims for personal injury, including death, as well as claims for property damage arising out of the use and occupancy of the right-of-way by the permittee, its officers, agents, employees and permittees; and placement and use of facilities and equipment in the right-of-way by the permittee, its officers, agents, employees and permittees; including but not limited to protection against liability arising from completed operations, damage of underground facilities and collapse of property; (c) Naming the city as an additional insured as to whom the coverages required herein are in force and applicable and for whom defense will be provided as to all the coverages; (d) Requiring that the city be notified 30 days in advance of cancellation of the policy or material modification of coverage term; and (e) Indicating comprehensive liability coverage, automobile liability coverage, workers compensation and umbrella coverage established by the city in amounts sufficient to protect the city and the public and to carry out the purposes and policies of this subchapter. (4) The city may require a copy of the actual insurance policies-, (5) If the person is a corporation, a copy of the certificate required to be filed under M.S. § 300.06, as it may be amended, as recorded and certified to by the Secretary of State; and (6) A copy of the person's order granting a certificate of authority from the Minnesota Public Utilities Commission or other applicable state or federal agency, where the person is lawfully required to have the certificate from the Commission or other state or federal agency. (B) Payment of money due the city for: (1) Permit fees, estimated restoration costs and other management costs; (2) Prior obstructions or excavation; (3) Any undisputed loss, damage or expense suffered by the city because of applicant's prior excavations or obstructions of the right-of-way or any emergency actions taken by the city; and (4) Franchise fees or other charges, if applicable. (Ord. #74, adopted 11/27/2002) § 93.19 ISSUANCE OF PERMIT; CONDITIONS. (A) Permit issuance. If the applicant has satisfied the requirements of this subchapter, the city shall issue a permit. (B) Conditions. The city may impose reasonable conditions upon the issuance of the permit and the performance of the applicant thereunder to protect the health, safety and welfare of the public or when necessary to protect the right-of-way and its current use. (Ord. #74, adopted 11/27/2002) § 93.20 PERMIT FEES. (A) Excavation permit fee. The city shall establish an excavation permit fee in the amount sufficient to recover the following costs: (1) The city management costs; and (2) Degradation costs, if applicable. (B) Obstruction permit fee. The city shall establish the obstruction permit fee, which shall be in an amount sufficient to recover the city management costs. (C) Paylnent oj' Permit fees. No excavation permit or obstruction permit shall be issued without payment of excavation or obstruction permit fees. (D) Nonrefundable. Permit fees that were paid for a permit that the city has revoked for a breach as stated in § 93.27 are not refundable. (E) Application to franchises. Unless otherwise agreed to in the franchise, management costs may be charged separately from and in addition to the franchise fees imposed on a right-of-way user in the franchise. (F) Establishment. All permit fees shall be established by resolution of the City Council. (Ord. #74, adopted 1112712002) § 93.21 PATCHING AND RESTORATION. (A) Tinging. The work to be done under the excavation permit, and the patching and restoration of the right-of-way as required herein, must be completed within the dates specified in the permit. (B) Patch and restoration. The city may choose either to have the permittee restore the right-of-way or to restore the right-of-way itself. (1) City restoration. If the city restores the right-of-way, permittee shall pay the costs thereof within 30 days of billing. If, following the restoration, the pavement settles due to permittee's improper backfilling, the permittee shall pay to the city, within 30 days of billing, all costs associated with having to correct the defective work. (2) Permittee restoration. If the permittee restores the right-of-way itself, it shall at the time of application for an excavation permit post a construction performance bond in accordance with the provisions of Minn. Rules 7819.3000, (3) Degradation fee in lieu of restoration. In lieu of right-of-way itself, it shall at the time of application for an excavation permit post a construction performance bond in accordance with the provisions of Minn, Rules 7819,3000. (C) Standards. The permittee shall perform patching and restoration according to the standards and with the materials specified by the city and shall comply with Minn, Rules 7819. 1100. (D) Duty to correct defects. The permittee shall correct defects in patching or restoration performed by permittee or its agents. Permittee upon notification from the city shall correct all restoration work to the extent necessary, using the method required by the city. This work shall be completed within 5 calendar days of the receipt of the notice from the city. (E) Taihtre to restore. If the permittee fails to restore the right-of-way in the manner and to the condition required by the city, or fails to satisfactorily and timely complete all restoration required by the city, the city at its option may do the work. In that event the permittee shall pay the city, within 30 days of billing, the cost of restoring the right-of-way. If permittee fails to pay as required, the city may exercise its rights under the construction performance bond or collect from any security posted with the permit. (Ord, #74, adopted 11/27/2002) Penalty, see § 93.99 § 93.22 SUPPLEMENTARY APPLICATIONS. (A) Limitation on area. A right-of-way permit is valid only for the area of the right- of-way specified in the permit. No permittee may do any work outside the area specified in the permit, except as provided herein. Any permittee which determines that an area greater than that specified in the permit must be obstructed or excavated must, before working in that greater area, both make application for a permit extension and pay any additional fees required thereby, and be granted a new permit or permit extension. (B) Limitation on dates. A right-of-way permit is valid only for the dates specified in the permit. No permittee may begin its work before the permit start date or, except as provided herein, continue working after the end date. If a permittee does not finish the work by the permit end date, it must apply for a new permit for the additional time it needs, and receive the new permit or an extension of the old permit before working after the end date of the previous permit. This supplementary application must be submitted before the permit end date. (Ord, #74, adopted 11/27/2002) Penalty, see § 93.99 § 93.23 DENIAL OF PERMIT. The city may deny a permit for failure to meet the requirements and conditions of this subchapter if the city determines that the denial is necessary to protect the health, safety of the public and welfare, or when necessary to protect the right-of-way and its current use. (Ord. #74, adopted 11/27/2002) § 93.24 INSTALLATION REQUIREMENTS. The excavation, backfilling, patching and restoration, and all other work performed in the right-of-way shall be done in conformance with local law and XEnnesota Statutes and Rules. (Ord. #74, adopted 11/27/2002) Penalty, see § 93.99 § 93.25 INSPECTION. (A) Notice of completion. When the work under any permit hereunder is completed, the permittee shall furnish a completion certificate. (B) Site inspection. Permittee shall make the worksite available to city personnel and to all others as authorized by law for inspection at all reasonable times during the execution of and upon completion of the work, (C) Authorhy of citj� (1) At the time of inspection the city may order the immediate cessation of any work which poses a serious threat to the life, health, safety or well-being of the public, (2) The city may issue an order to the permittee for any work which does not conform to the terms of the permit or other applicable standards, conditions or codes. The order shall state the failure to correct the violation will be cause for revocation of the permit. Within ten days after issuance of the order, the permittee shall present proof to the city that the violation has been corrected. If this proof has not been presented with the required time, the city may revoke the permit pursuant to this chapter. (3) If the city becomes aware of an emergency regarding facilities, the city will attempt to contact the local representative of each facility owner affected, or potentially affected, by the emergency. In any event, the city may take whatever action it deems necessary to respond to the emergency, the cost of which shall be home by the person whose facilities occasioned the emergency, (D) Nonemergency situations. Except in an emergency, any person who, without first having obtained the necessary permit, obstructs or excavates a right-of-way must subsequently obtain a permit, and as a penalty pay double the normal fee for the permit, pay double all the other fees required by this subchapter, deposit with the city the fees necessary to correct any damage to the right-of-way and comply with all of the requirements of this subchapter. (Ord. #74, adopted 11/27/2002) § 93.26 SUPPLEMENTARY NOTIFICATION. If the obstruction or excavation of the right-of-way begins later or ends sooner that the date given on the permit, permittee shall notify the city of the accurate information as soon as this information is known, (Ord, #74, adopted 11/27/2002) § 93.27 REVOCATION OF PERMITS. (A) Substantial breach. The city reserves its right, as provided herein, to revoke any right-of-way permit, without a fee refund, if there is a substantial breach of the terms and conditions of any statute, ordinance, rule or regulation, or any material condition of the permit. A substantial breach by permittee shall include but shall not be limited to the following: (1) The violation of any material provision of the right-of-way permit; (2) An evasion or attempt to evade any material provision of the right-of-way permit, or the perpetration or attempt to perpetrate any fraud or deceit upon the city or its citizens; (3) Any material misrepresentation of fact in the application for a right-of-way permit; (4) The failure to complete the work in a timely manner, unless a permit extension is obtained; or (5) The failure to correct, in a timely manner, work that does not conform to a condition indicated on an order issued pursuant to this chapter. (B) Written notice of breach. If the city determines that the permittee has committed a substantial breach of a term or condition of any statute, ordinance, rule, regulation or any condition of the permit, the city shall make a written demand upon the permittee to remedy the violation. The demand shall state that continued violations may be caused for revocation of the permit. A substantial breach, as stated above, will allow the city, at its discretion, to place additional or revised conditions on the permit to mitigate and remedy the breach, (C) Response to notice of breach. Within 24 hours of receiving notification of the breach, permittee shall provide the city with a plan, acceptable to the city, that will cure the breach. Permittee's failure to so contact the city, the permittee's failure to submit an acceptable plan, or permittee's failure to reasonably implement the approved plan shall be cause for immediate revocation of the permit, (D) Reimhursement of city costs. If a permit is revoked, the permittee shall also reimburse the city for the city's reasonable costs, including restoration costs and the costs of collection and reasonable attorneys' fees incurred in connection with the revocation. (Ord. #74, adopted 11/27/2002) § 93.28 MAPPING DATA. Each permittee shall provide mapping information required by the city in accordance with Minn. Statutes and Rules, (Ord. #74, adopted 11/27/2002) § 93.29 LOCATION OF FACILITIES. (A) Locations. Placement, locations and relocation of facilities must comply with the act, with other applicable local or state law, and with Minn. Rules. (B) Corridors. The city may assign specific corridors within the right-of-way or any particular segment thereof as may be necessary, for each type of facilities that is located or, pursuant to current technology, the city expects will someday be located within the right-of-way. All excavation, obstruction or other permits issued by the city involving the installation or replacement of facilities shall designate the proper corridor for the facilities at issue. (C) Limitation of space. To protect health, safety and welfare or when necessary to protect the right-of-way and its current use, the city shall have the power to prohibit or city shall strive to the extent possible to accommodate all existing and potential users of the right-of-way, but shall be guided primarily by considerations of the public interest, the public's needs for the particular utility service, the condition of the right-of-way, the time of year with respect to essential utilities, the protection of existing facilities in the right-of-way, and future city plans for public improvements and development projects which have been determined to be in the public interest. (Ord, #74, adopted 11/27/2002) § 93.30 DAMAGE TO OTHER FACILITIES. (A) When the city does work in the right-of-way and finds it necessary to maintain, support or move facilities to protect it, the city shall notify the local representative as early as is reasonably possible and placed as required. The costs associated therewith will be billed to that facility owner and must be paid within 30 days from the date of billing. (13) Each facility owner shall be responsible for the cost of repairing any facilities in the right-of-way which he or she or the facilities damages. Each facility owner shall be responsible for the cost of repairing any damage to the facilities of another caused during the city's response to an emergency occasioned by that owner's facilities. (Ord, #74, adopted 11/27/2002) § 93.31 INDEMNIFICATION AND LIABILITY. By applying for and accepting a permit under this subchapter, a permittee agrees to defend and indemnify the city in accordance with the provisions of local law and Minnesota Statutes and Rules. (Ord, #74, adopted 11/27/2002) § 93.32 ABANDONED FACILITIES. Any person who has abandoned facilities in any right-of-way shall remove them from that right-of-way if required in conjunction with other right-of-way repair, excavation or construction, unless this requirement is waived by the city, (Ord, 474, adopted 11/27/2002) § 93.33 APPEAL. (A) A right-of-way user that has been denied registration; has been denied a permit; has had a permit revoked; or believes that the fees imposed are invalid, may have the denial, revocation or fee imposition reviewed, upon written request, by the City Council. The City Council shall act on a timely written request at its next regularly scheduled meeting. (B) A decision by the City Council affirming the denial, revocation or fee imposition will be in writing and supported by written findings establishing the reasonableness of the decision. (Ord. 474, adopted 11/27/2002) § 93.34 RESERVATION OF REGULATORY AND POLICE POWERS. A permittee's rights are subject to the regulatory and police powers of the city to adopt and enforce general ordinances necessary to protect the health, safety and welfare of the public, (Ord. #74, adopted 11/27/2002) § 93.99 PENALTY. Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor (Ord. #60, adopted 8/9/1995) Officer Matthew Langreck, Badge #110 Centennial Lakes Police Department 54 North Road Circle Pines MN 55014 - _ 763 -784 -2501 a cll December 16, 2010 City of Centerville 1880 Main St Centerville MN 55038 City Administrator, A tobacco compliance check was recently conducted. All of the businesses in your city that are licensed to sell tobacco passed the check. 1 directed an underage buyer into these businesses for the purposes of ensuring that the businesses are taking the appropriate measures to sell their tobacco products to adults. Please feel free to contact me if you have any questions regarding this matter. Sincerely, Matthew Langreck CLPD Tobacco Compliance Officer December 15, 2010 Mr. Dallas Larson, Administrator City of Centerville 1880 Main Street Centerville, MN 55038 -9794 Dear Mr. Larson, 4325 Pheasant Ridge Dr. NE #611 - Blaine, MN 55449-4539 Phone: 763 -398 -3070 • Fax: 763 -398 -3088 The Rice Creek Watershed District (RCWD) is once again seeking applications for our Citizen Advisory Committee and we are asking the communities within our district for their help. The RCWD is eager to work with the citizens and government bodies in the Rice Creek Watershed toward a more comprehensive and integrated water resource management paradigm. To that end, we are asking for your assistance to spread the word. The Rice Creek Watershed District board appoints CAC members for 1 -year terms. Previously appointed members may continue to serve on the committee beyond the initial one -year term at will. RCWD's CAC currently meets on the first Wednesday of each month at 5:30 p.m. at the Lino Lakes City Hall. However, there are no meetings in July or December. The purpose of the CAC is to advise and assist the managers on all matters affecting the interests of the district and make recommendations to the managers on all contemplated projects and improvements in the district. Members are also asked to keep current on water - related issues in their community and relay this information to the district. We would appreciate any thoughts or knowledge you may have regarding individuals who could serve on the Advisory Committee for the District. If anyone needs more information or would like to request an application to serve on the Citizen Advisory Committee they can contact the Rice Creek Watershed District office at (763) 398 -3070. We intend to make any 2011 appointments to our Citizen Advisory Committee in February so we are asking that applications be turned into the District by January 28, 2011. Thank you for your attention and please do not hesitate to call if you have any questions. Sincerely, Phil Belfiori Administrator Enc. CAC application form BOARD C)F Barbara A. Haake Rick A. Mastell Harley . 0 ata Patricia L. Preiner John J. Waller MANAGERS Y g Ramsey County Anoka County Ramsey County Anoka County Washington County APPLICATION FOR MEMBERSHIP CITIZEN ADVISORY COMMITTEE (CAC) NICE CREEK WATERSHED DISTRICT Name: Address: City /State /Zip: County: Email: Phone #'s: Home: Work: Cell: Are you a resident of the RCWD? [ ] Yes, Years: [ ] No Membership Category(ies): [ ] Soil & Water Conservation District Supervisor [ ] County Board Member [ ] City or Town Official [ ] Sportsmen's Organization Member [ ] Agriculture [ ] Citizen [ ] Other: Qualifications: (May include education, occupation, volunteer experiences, etc.) Civic, Professional & Community Activities: (past and present) Reasons for wanting to serve on this committee: Other comments: Signature: Return form to: Rice Creek Watershed District 4325 Pheasant Ridge Drive NE #611 Blaine, MN 55449 Date: Fax: (763) 398 -3088 Phone: (763) 398 -3070 Nff lhnesoia Statutes: Section ; CIBD.33 j kevisory ccn mn "ee Subdivision 1. Purpose. The managers must annually appoint an advisory committee to advise and assist the managers on all matters affecting the interests of the watershed district and make recommendations to the managers on all contemplated projects and improvements in the watershed district. Subd. 1a. Duties. For purposes of carrying out its duties under this section the advisory committee shall: (1) elect a chair from its membership; (2) elect a recorder from its membership; (3) establish a meeting schedule, which at a minimum meets annually; (4) consider issues pertinent to the functions and purposes of the watershed district; (5) review and comment on reports, minutes, activities, and proposed projects of the managers; and (5) report to the managers the general content of advisory committee meetings and resulting recommendations. Subd. 2. Members. (a) The advisory committee consists of at least five members. if practicable, the advisory committee members selected should include a representative from each soil and water conservation district, a representative of each county, a member of a sporting organization, and a member of a farm organization. Other advisory committee members may be appointed at the discretion of the managers. The members must be residents of the watershed district, except representatives from soil and water conservation districts and counties, and serve at the pleasure of the managers. (b) In addition, the managers may appoint other interested and technical persons who may or may not reside within the watershed district to serve at the pleasure of the managers. Subd. 3. Expense reimbursement. The managers may reimburse members of the advisory committee for actual traveling and other necessary expenses incurred in the performance of duties in the amount as provided for state employees. Laws 1990, c. 391, art. 4, § 24. Amended by Laws 1995, c. 199, § 15