HomeMy WebLinkAbout1998-03-20 Packet w/o Agenda a
DRAFT MARCH 20, 1998
INTERCONNECT AGREEMENT
CONTRACT FOR JOINT USAGE OF WATER FACILITIES
BY AND BETWEEN THE CITY OF LINO LAKES AND
THE CITY OF CENTERVILLE, ANOKA COUNTY, MINNESOTA
THIS AGREEMENT, made and entered into this — day of 1998, by
and between the City of Lino Lakes, a municipal corporation, situated in Anoka County,
Minnesota, hereinafter called `Lino Lakes ", and the City of Centerville, a municipal
corporation, situated in Anoka County, Minnesota, hereinafter called `Centerville ". Both Lino
Lakes and Centerville have the authority to enter into this agreement pursuant to Minnesota
Statute 471.59.
WHEREAS, Lino Lakes has constructed a water system capable of providing
emergency and peak demand water supply service to Centerville, and Centerville is
considering water system improvements including the construction of an elevated water
storage tank and trunk watermains.
WHEREAS, until this water system in Centerville is fully developed with source,
distribution, and storage capacity, this area can be more effectively served by interconnection
with the Lino Lakes water system.
WHEREAS, after the completion of the Centerville water system a more reliable water
supply in both Lino Lakes and Centerville would result from the interconnection between the
two communities; water systems.
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DRAFT MARCH 20, 1998
SECTION 1. GENERAL CONDITIONS
1. In consideration of the covenants and agreements herein set forth, Centerville
shall construct a water system connection to the public water system of Lino Lakes subject to
all terms, conditions, and provisions of this Agreement as hereinafter expressed.
2. Water flow recording meters shall be installed at the interconnection line for the
purpose of measuring the flow from the Lino Lakes water system into the Centerville water
system and the flow from the Centerville water system into the Lino Lakes water system.
3. Lino Lakes shall have ownership and be responsible for operation and
maintenance of the water line located within the corporate boundaries of Lino Lakes.
Centerville shall have ownership and be responsible for operation and maintenance of the
interconnection line, metering manhole, and appurtenances of the water lines located within the
corporate boundaries of Centerville.
4. Centerville shall commence with the design of the metering manhole within 60
days of the date of agreement. Centerville shall, within nine (9) months from the date of this
agreement, construct and have operational the metering manhole.
5. The meter shall operate automatically according to an agreed upon telemetry
system to provide each City with water during an emergency condition.
6. The City of Centerville shall complete the construction of a water storage
reservoir within a minimum of 8 years from the date of execution of this Agreement. The
City of Lino Lakes may extend the time period for the City of Centerville to construct the
water storage reservoir based on recommendations from the Lino Lakes Comprehensive
Water Plan.
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DRAFT MARCH 20, 1998
7. The City of Centerville shall adopt an "odd/even" lawn watering policy.
The City of Centerville shall comply with and enforce total lawn watering bans that may
be implemented by the City of Lino Lakes on Lino Ickes water customers.
SECTION 2. CHARGES
Each of the meters installed pursuant to this Agreement shall be read at the end of each
calendar quarter. The city with the greatest net flow will bill the other city, by the 10th of the
month following the end of the calendar quarter, for the amount due based upon such excess
flow. Payments for water usage shall be at the current respective City residential water rate at
the time of billing, including any flat rate that shall be calculated by dividing the total water
used by the average water consumed per household. Payments shall be made on or before the
20th day of the month following the end of the quarter, and shall be administered by current
city ordinance. Centerville shall pay for pr ject costs, including construction costs, pre-
engineering, and construction engineering, for the Centerville meter vault systems. Lino
Lakes shall pay for the cost of the Lino Lakes control systems.
SECTION 3 WATER STANDARDS AND CONSTRUCTION
I . Lino Lakes and Centerville agree that they shall exercise reasonable care to
prevent toxic or harmful substances from contaminating the water supply of either party. Each
city's water supply shall provide clean, safe, potable water. On a yearly basis, each city shall
supply the other city with copies of yearly analytical test data from the Minnesota Department
of Health, Division of Environmental health. In addition, on a yearly basis, each city shall
supply test results from a recognized testing lab, whose analyses were performed by EPA or
other recognized standard procedures. There shall be results provided for hardness,
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DRAFT MARCH 20, 1998
manganese, iron, and volatile organics. If either city allows volatile organics to be discharged
into the water system, such items shall be eliminated by the responsible city. Failure to
comply with this section shall be ground for immediate termination of the water exchange
system.
2. The designated place of connection of the water system of Centerville with the
water system of Lino Lakes is designated as the intersection of 20th Avenue and Cedar Street.
In the event either party feels the expansion of the water system within the city's boundaries
will adversely impact its ability to supply water to its residents, it may elect to terminate this
Agreement upon three (3) years written notice. Lino Lakes shall waive any permit application
or fee for work in utility easements or connection.
3. All watermain construction within Centerville or Lino Lakes shall meet the
most recent City Engineers Association of Minnesota "Standard Utilities Specifications for
Watermain and Service Line Installation and Sanitary Sewer and Storm Installation." Neither
party shall substantially change the specifications for any parts of the water system which
would be interconnected between the cities without the notification of the other.
SECTION 4 INDEMNIFICATION
Each parry agrees to indemnify the other and save the other harmless from any and all
claims or demands for damages arising out of or which may result from the water supply
pursuant to this Agreement, and from the use, installation, maintenance, and repair of its
facilities as set forth in this Agreement.
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DRAFT MARCH 20, 1998
SECTION 5 TERMINATION
In addition to the termination provisions in Section 3, either city shall have the right to
cancel this Agreement on account of any violation of the terms and conditions of this
Agreement by the other city by first giving thirty (30) days written notice to the other party of
such violation and a failure to correct the violation within said thirty (30) day period of time.
Either city shall have the right to cancel and annul this Agreement, without cause, by first
giving three (3) years written notice to the other parry of such intent to cancel this Agreement,
no further payments shall be due hereunder, except obligations arising prior to the effective
date of termination. Upon such effective date of termination, the connection between the
water system of Lino Lakes and the water system of Centerville shall immediately be
disconnected.
SECTION 6 INSPECTION
1. The City Engineer of Lino Lakes or any employee authorized by the City
Council of Lino Lakes shall be permitted, at the expense of Lino Lakes, to inspect the
construction, as well as the operation, of the water system in Centerville at any reasonable
time to see that same is being constructed and operated according to the plans and
specifications and operated in compliance with acceptable municipal practice and that the
Agreement herein contained is being complied with insofar as reasonably necessary to protect
the City of Centerville.
SECTION 7. EFFECTIVE DATE OF THIS A('REEMENT
This Agreement shall take effect and be in force after the date of execution of the same
by the proper officers of Centerville and Lino Lakes, pursuant to a resolution of the governing
bodies of the municipalities, accepting and agreeing to abide and be bound by the terms,
provisions, and conditions hereof and authorizing such execution.
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DRAFT MARCH 20, 1998
CITY OF CENTERVILLE CITY OF LINO LAKES
By: By:
Mavor Mayor
By: By
City Clerk City Clerk
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terville
-...
7ItZ6110ed 1257
ITEMS FOR CONSIDERATION
JOINT POWERS AGREEMENT — 21 AVENUE ROADWAY
MARCH 11, 1998
I• RECITALS
A. Item a: Include corridor north of Main Street
B. Item c: First phase to include part of Sheehy frontage. Change to
include none or all of Sheehy frontage. V V
C. Item f: Centerville to "assess ...for a portion of the costs'. Change to
allow portion or all of the cost.
II. AGREEMENT
A. Item 1 a: Chance to allow for either city to administer future phases.
Scheduling issue with this item.
B. Item 1b: Business notification — along 21" Avenue,
C. Item 2: Cost split 50 %/50 %, including overhead.
D. Item 5: Payment schedule for overhead costs not addressed.
E. Item 6: Obtain right -of -way prior to award of contract.
F. Item 9: Fees for connection could be as proposed by Lino Lakes — 10%
surcharge.
G. Item 11: Separate agreement for seal coat.
H. Item 13: Reconstruction and overlay by separate agreement.
O: TR0J1802690j1690 -: 108.mu.doc
ITEMS FOR CONSIDERATION
JOINT POWERS AGREEMENT
21ST AVENUE ROADWAY
RECITALS
a. The City of Lino Lakes and the City of Centerville desire to improve 21st
Avenue by constructing street, curb and gutter, and storm sewer between from 1,300 feet
north of Main street md goo feet seeth of Niftift 9 to Cedar Street, along
the entire corporate boundary between Lino Lakes and Centerville.
b. The City of Lino Lakes has prepared a feasibility study of the Project south of
Main Street and both cities agree to construct the Project, in phases, as described in the
feasibility study.
C. A portion of the Project is to be constructed within the corporate limits of the
City of Lino Lakes and a portion is to be constructed within the corporate limits of Centerville.
The Phase I of the Project is located along the 21st Avenue alignment between Main Street,
and approximately 809 feet south of Main Street (Exhibit A).
f. Lino Lakes and Centerville will both assess the benefited properties within their
jurisdictions for all, or a portion of the relevant costs of the Project, all as is more fully set
forth below.
AGREEMENT
a. Lino Lakes shall design Phase I of the Project, administer the
construction of Phase I thFrejeet, and conduct inspections of the construction
process. Lino Lakes shall have the right to inspect, review, and comment upon
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construction of Phase I of the Project. Centerville shall have the right to review and
approve the final plans and specifications prior to advertisement for bids. Both Either
city shall have the right to initiate and administer future phases of the project.
Furthermore, both cities shall have the right to approve the final plans and
specifications on future phases constructed south or north of Phase I. the grejeet.
C. Lino Ickes agrees to notify and coordinate with businesses in Lots 7,
S, and 9 of the Industrial Park (along the existing gravel segment of 21st Avenue)
as early as practical the construction schedule for Phase I of the Project.
2. Construction costs shall be divided proportionately, 50 % to Lino Lakes and
50% to Centerville, for Phase I and all future phases. Overhead costs shall be determined
by Negotiation prior to preparation of plans and specifications.
between Line 4�s and Geawryi4e Y Y" )
1.. r 59% a.. T i tte T . k __d 60% wo GEnterviR e.
S. sic The non - administering city shall pay to Late• Lakes the initiating,
administering city monthly, as certain portions of the construction are completed, the Project
amounts then due and payable for work completed. Upon completion of the entire Project,
Centerville will make the final payment after receiving the final cost statements from Lino
Lakes for the completed Project. Reimbursement for overhead costs shall be made when
each phase of the project is complete and final.
6. Regardless of which city initiates future phases of the project, prior to the
start of generating plans and specifications, each municipality shall obtain property or right -
of -way easements within their municipal boundaries
for the Prejeet and the costs for said easements shall be paid separately by each city.
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9. Sanitary sewer and watermain services may be extended to serve property
within the City of Centerville upon Centerville's request. Fees for connection to such services
will be subject to the policies outlined in the City of Lino Lakes policy resolution number
and the City of Centerville policy resolution number .
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Rehbein Property
Development Agreement DRAFT - MARCH 20, 1998
DEVELOPMENT CONTRACT
REHBEIN PROPERTY
CENTERVILLE, MINNESOTA
THIS AGREEMENT, made this day of 1998, is by and
between the City of Centerville, whose address is 1880 Main Street, Centerville, Minnesota
55038, a municipal corporation organized under the laws of the State of Minnesota,
hereinafter referred to as the "City ", and R &R Leasing, a Minnesota corporation, whose
address is P.O. Box P.O. Box 324, Hugo, MN 55038, hereinafter referred to as the
"Developer".
WHEREAS, in the future the developer will be petitioning the City for improvements
to benefit the property described in this agreement as Exhibit A.
WHEREAS, the City of Lino Lakes is constructing part of 21st Avenue south of Main
Street along the corporate boundary between Lino Lakes and Centerville; and
WHEREAS, the City of Centerville will enter into a Joint Powers Agreement with the
City of Lino Lakes for both the first phase of construction of 21st Avenue and all future
phases of construction of 21st Avenue; and
WHEREAS, as part of the joint powers agreement the City of Centerville is
responsible for acquiring all right -of -way and funding for both the first phase of construction
of 21st Avenue and all future phases of construction of 21st Avenue;
NOW, THEREFORE, in consideration of the mutual promises of the parties made
herein,
IT IS AGREED BY AND BETWEEN THE PARTIES HERETO:
A. RIGHT -OF -WAY. The developer shall provide at no cost to the City of Centerville
all right -of -way required for construction of 21st Avenue.
1. The right -of -way shall be 40' wide along the corporate boundary.
2. Easements required for utilities installed in conjunction with road improvements
shall also be provided at no charge to the City.
B. STREET, STORM SEWER AND UTILITY IMPROVEMENTS. In accordance
with the policies and ordinances of the City of Centerville, both the present and future
phases of 21st Avenue shall be constructed along the centerline of the corporate
boundary between Lino Lakes and Centerville.
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Rebbein Property
Development Agreement DRAFT - MARCH 20, 1998
C. RECORDING AND RELEASE. The Developer agrees that the terms of this
Development Contract shall be a covenant on any and all property included in the
property. The Developer agrees that the City shall have the right to record a copy of
this Development Contract with the Anoka County Recorder to give notice to future
purchasers and owners. This shall be recorded against the Subdivision described on
page 1 hereof.
D. REIMBURSEMENT OF COSTS. The Developer agrees to fully reimburse the City
for all costs incurred by the City including, but not limited to, the actual costs of
construction of said improvements, engineering fees, legal fees, inspection fees,
interest costs, costs of acquisition of necessary easements, if any, and any other costs
incurred by the City relating to this Development Contract and the installation and
financing of the aforementioned improvements.
E. OCCUPATION OF PREMISES. The Developer further agrees that they will not
cause to be occupied any premises upon the property until the completion of the gas,
electric, telephone, water, and sewer improvements required by this Development
Contract have been installed, unless the City has agreed in writing to waive this
requirement as to a specific premises. Furthermore, Developer shall be granted no
certificates of occupancy on the property prior to substantial completion of all
improvements.
F. CLEAN UP. The Developer shall be responsible to keep new and existing streets
clean and shall conduct routine sweeping of the project area. The Developer shall
clean streets no later than 24 hours after being notified by the City.
G. ASSESSMENTS. The Developer waives any an all procedural and substantive
objections to the installation of the public improvements and the special assessments,
including but not limited to hearing requirements. Developer waives an} appeal rights
otherwise available pursuant to M.S.A. 429.081. The City, at its option, may elect to
certify the entire assessment roll to Anoka County for collection with the real estate
taxes.
1. Required Payments of Special Assessments by Develo = Developer, its heirs,
successors or assigns hereby agree that prior to or on issuance of certificate of
occupancy, to pay the entire unpaid improvement costs assess or to be assessed
under this agreement against such property.
If a certificate of occupancy is issued before the special assessments have been
levied, the Developer, its heirs, successors or assigns shall pay the City the sum
of cash equal to the Engineer's estimate of the special assessments for such
improvements that would be levied against the property. Upon such payment,
the City shall issue a certificate showing the assessments are paid in full.
Notwithstanding the issuance of said certificate, the Developer shall be liable to
the City for any deficiency and the City shall pay the Developer any surplus
arising from the payment based upon such estimate.
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Rehbein Property
Development Agreement DRAFT - MARCH 20, 1998
2. Acceleration Upon Default In the event the Developer violates any of the
convenants, conditions or agreements herein contained to be performed by the
Developer, violates any ordinance, rule or regulation of the City, County of
Anoka, State of Minnesota or other governmental entity having jurisdiction over
the plat, or fails to pay any installment of any special assessment levied
pursuant hereto, or any interest thereon, when the same is to be paid pursuant
hereto, the City, at its option, in addition to its rights and remedies hereunder,
after ten (10) days' written notice to the Developer, may declare all of the
unpaid special assessments which are then estimated or levied pursuant to this
agreement due and payable in full, with interest. The City may seek recovery
of such special assessments due and payable form the security provided in
Paragraph (B) hereof. In the event that such security is insufficient to pay the
outstanding amount of such special assessments plus accrued interest, the City
may certify such outstanding special assessment in full to the County Auditor
pursuant to M,S. 429.061m Subdivision 3 for collection the following year.
The City, at its option, may commence legal action against the Developer to
collect the entire unpaid balance of the special assessments then estimated or
levied pursuant hereto, with interest, including reasonable attorney's fees and
Developer shall be liable for such special assessments and, if more than one,
such liability shall be joint and several. Also, if the Developer violates any
term or condition of this agreement, or if any payment is not made by
Developer pursuant to this agreement, or if any payment is not made by
Developer pursuant to this agreement the City, at its option, may refuse to issue
building permits to any of the property within the plat on which the assessments
have not been paid.
H. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and
construction required by this contract and acceptance by the City, the improvements
lying within the public easements shall become City property without further notice or
action.
I. REIMBURSEMENT OF COSTS FOR DEFENSE. The Developer agrees to
reimburse the City for all costs incurred by the City in defense of enforcement of this
contract, or any portion thereof, including court costs and reasonable engineering and
attorney's fees.
J. VALIDITY. If any portion, section, subsection, sentence, clause, paragraph, or
phrase in this contract is for any reason held to be invalid by a court of competent
jurisdiction, such decision shall not affect or void any of the other provisions of the
Development Contract.
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Rehbein Property
Development Agreement DRAFT - MARCH 20, 1998
K. GENERAL
1. Binding Effect The terms and provisions hereof shall be binding upon and
insure to the benefit of the heirs, representatives, successors, and assigns of the
parties hereto and shall be binding upon all future owners of all or any part of
the Subdivision and shall be deemed covenants running with the land.
2. Notice Whenever in this Agreement it shall be required or permitted that
notice or demand be given or served by either party to this Agreement to or on
the other party, such notice or demand shall he delivered personally or mailed
by United States mail to the addresses herein before set forth on Page I by
certified mail (return receipt requested). Such notice or demand shall be
deemed timely given when delivered personally or when deposited in the mail in
accordance with the above. The addresses of the parties hereto are as set forth
on Page 1 until changed by notice given as above.
4. Incorporation by Reference All plans, special provisions, proposals,
specifications, and contracts for the improvements furnished and let pursuant to
this Agreement shall be and hereby are made a part of this agreement by
reference as fully as if set out herein in full.
L. VIOLATION OF AGREEMENT. In the event that Developer violates any of the
covenants and agreements contained in this Development Contract and to be performed
by the Developer, the City, at its option, in addition to the rights and remedies as set
out hereunder may refuse to issue building permits to any property within the plat until
such time as such default has been corrected to the satisfaction of the City.
M. FUTURE FEES. The developer agrees to pay future fees to the City of Centerville at
the time of future platting of the area described under the provisions of this agreement.
N. LIABILITY INSURANCE REQUIREMENT. The Developer shall provide to the
City, at the Developer's expense, general public liability and property damage
insurance including vehicle coverage protecting the City and the Developer from all
claims for personal injury, including death, and all claims for construction of or
damage to property, arising out of or in connection with any operations under these
contract documents, whether such operations be by the Developer, its Contractor, or by
any subcontractor, or anyone directly or indirectly employed by the Contractor or by a
subcontractor under him. Insurance shall be written with a limit of liability of not less
than $600,000 for all damages arising out of bodily injury including death, at any time
resulting therefrom, sustained by any one person in any one accident; and a limit of
liability of not less than $1,000,000 for any such damage sustained by two or more
persons in any one accident. Insurance shall be written with a limit of liability of not
less than $300,000 for all property damage sustained by one person in any one
accident, and a limit of liability of not less than $600,000 for any such damage
0:Vwj1260MW92-1808.vw.d".cowmct Page 4
Rehbein Property
Development Agreement DRAFT - MARCH 20, 1998
sustained by two or more persons in any one accident. The insurance policies shall
accompany the contract for its execution by the Developer and the City of Centerville.
The above insurance policies shall be in full force and effect during the life of this
contract.
O. Future Land Purchases. In the event that the Developer purchases or acquires the
property located between the platted Industrial Park and the South line of the NW 3 /4 of
Section 24 (properly described as the S 1 /s of the SW I / of the NW '/a of Section 24,
Township 31, Range 22, Anoka County), that property shall be subject to the same
encumbrances and conditions outlined in this document. This shall include dedication,
at no cost to the City of Centerville, necessary right -of -way and easements.
DEVELOPER CITY OF CENTERVILLE
R &R LEASING, INC.
By: By:
Mayor
ATTEST:
By:
City Clerk
o: �ol�zsoosz�o9z- �sos.�.a�.r�.�� Page 5
Reht ein Property
Development Agreement DRAFT - MARCH 20, 1998
I, the undersigned, do hereby verify that I am an officer of the
corporation known as R &R Leasing, Inc., and hereby personally guarantee all duties, obligations, and
undertaking of said corporation set forth in this Development Contract.
STATE OF MINNESOTA )
) SS.
COUNTY OF ANOKA )
On this _ day of 1996, before me, a Notary Public within and for said
County, personally appeared Tom Wilharber to me known to be the Mayor of the City of Centerville,
and who executed the foregoing instrument and acknowledged that he executed the same on behalf of
said City.
Notary Public
STATE OF MINNESOTA )
) SS.
COUNTY OF ANOKA )
On this _ day of 1996, before me, a Notary Public within and for said
County, personally appeared Ry -Chel Gaustad to me known to be the City Clerk of the City of
Centerville, and who executed the foregoing instrument and acknowledged that she executed the same
on behalf of said City.
Notary Public
STATE OF MINNESOTA )
) SS.
COUNTY OF ANOKA )
On this day of 1996, before me, a Notary Public within and for said
County, personally appeared to me known as president of R & R
Leasing, Inc., a corporation under the laws of the State of Minnesota, and that they executed the
foregoing instrument and acknowledged that they executed the same on behalf of said corporation.
Notary Public
STATE OF MINNESOTA )
) SS.
COUNTY OF ANOKA )
On this _ day of 1996, before me, a Notary Public within and for said
County, personally appeared to me known to be the person described
in and who executed the foregoing instrument and acknowledged that he executed the same as his free
act and deed.
Notary Public
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20th AVENUE WATERMAIN AND
TRUNK SANITARY SEWER
ASSESSMENTS FOR WATERMAIN AND SANITARY SEWER
SUMMARY
TOTAL WATERMAIN CITY CONTRIBUTION $53,000.00 35.3%
TOTAL WATERMAIN ASSESSMENTS $229,816.00
TOTAL WATERMAIN ESTIMATED PROJECT COSTS $282,816.00
TOTAL SANITARY SEWER CITY CONTRIBUTION $97,000.00 64.7%
TOTAL SANITARY SEWER ASSESSMENTS $422,141.00
TOTAL SANITARY SEWER ESTIMATED PROJECT COST $519,141.00
TOTAL ESTIMATED CITY CONTRIBUTION $150,000.00
Notes: 1. Site, street and storm construction costs have been prorated to watermain and
sanitary sewer project costs for assessment purposes.
Estimated costs - Site work $42,600
Street const. $14,420
Storm const. $6,660
$63,680
2. City contribution has been prorated to watermain and sanitary sewer segments
in proportion to estimated construction costs.
3. The Kenko properties have existing sanitary sewer service from Center Street
and therefore are not assessed for sewer construction as part of this project.
O:Trq't250065m12M Avenue As. ,ta 3=01
WATERMAIN ASSESSMENTS WATERMAIN ASSESSMENTS WATERMAIN ASSESSMENTS WATERMAIN ASSESSMENTS
(FRONT FOOTAGE) (AREA) (AREA minus WETLANDS) (AREA minus FLOODPLAIN)
Assessment rate: $36.71 /front foot $0.03582 /sq ft $0.04800 /sq ft $0.07407 /sq ft
Front Watermain Watermain Watermain Watermain
Property Type Footage Assessment Area Assessment Area Assessment Area Assessment
OTHER PROPERTIES
Lake Area Utilities Commercial 650 $23,862.68 756,630 $27,102.04 737,730 $35,408.33 480,460 $35,586.34
Kenko "A" Commercial 350 $12,849.14 123,152 $4,411.23 94,707 $4,545.59 50,549 $3,744.02
Kenko "B" Commercial 220 $8,076.50 74,098 $2,654.15 54,785 $2,629.48 12,992 $962.28
Carpenter Commercial 320 $11,747.78 216,000 $7,736.99 142,287 $5,829.25 0 $0.00
Reel Manufacturing Commercial 340 $12,482.02 222,600 $7,973.40 139,553 $6,698.03 17,453 $1,292.70
Herman Strehlow Industrial 675 $24,780.48 908,602 $32,545.59 458,041 $21,984.28 30,744 $2,277.12
REHBEIN PROPERTIES
Clearwater Mdws Outlot Commercial 690 $25,331.16 196,042 $7,022.11 196,042 $9,409.30 14,726 $1,090.71
Rehbejn Inc. "A" Commercial 380 $13,950.49 276,624 $9,908.51 121,592 $5,835.97 177,938 $13,179.37
Rehbein Inc. "B" Commercial 100 $3,571.18 286,175 $10,250.62 268,794 $12,901.12 40,145 $2,973.43
Rehbein Inc. "C" Commercial 160 $5,873.89 51,202 $1.834.03 51,202 $2,457.51 51,202 $3,792.39
Sheehy Industrial 350 $12,849.14 850,390 $30,460.47 667,925 $32,057.94 266,971 $19,773.80
Joyce Stevens Industrial 675 $24,780.48 881,619 $31,579.07 673,706 $32,335.41 389,289 $28,833.55
Gerald Rehbein Industrial 1350 $49,560.96 1,572,829 $55,337.80 1,181,836 $56,723.78 1,570,334 $116,310.28
Total Assessments 6260 ft. $229,816.00 6,415,963 sq. ft. $229,816.00 4,788,200 sq. ft. $229,816.00 3,102,803 sq. ft. $229,816.00
ASSESSMENTS SUMMARY
Total City Contribution $53,000.00 $53,000.00 $53,000.00 $53,000.00
Total Assessments - Other Properties $93,798.70 $82,423.40 $78,094.96 $43,862.46
Total Assessments - Rehbein $136,017.30 $147,392.60 $151,721.04 $185,953.54
TOTAL ESTIMATED PROJECT COST $282,816.00 $282,816.00 $282,816.00 $282,816.00
O:1Proj\260085m�2 th Avenue Assessments 3120/98
SAN SEWER ASSESSMENTS SAN SEWER ASSESSMENTS SAN SEWER ASSESSMENTS SAN SEWER ASSESSMENTS
(FRONT FOOTAGE) (AREA) (AREA minus WETLANDS) (AREA minus FLOODPLAIN)
Assessment rate: $74.19 /front foot $0.06788 /sq ft $0.09100 /sq ft $0.13890 /sq ft
Front Sanitary Sewer Sanitary Sewer Sanitary Sewer Sanitary Sewer
Property Type Footage Assessment Area Assessment Area Assessment Area Assessment
OTHER PROPERTIES
Lake Area Utilities Commercial 650 $48,22149 756,630 $51,361.84 737,730 $67,136.38 480,460 $66,733.92
Kenko "A" Commercial 0 $0.00 0 $0,00 0 $0.00 0 $0.00
Kenko "B" Commercial 0 $0.00 0 $0.00 0 $0.00 0 $0.00
Carpenter Commercial 320 $23,740.79 216,000 $14,662.59 142,287 $12,948.69 0 $0.00
Reel Manufacturing Commercial 340 $25,224.59 222,600 $15,110.62 139,553 $12,699.88 17,453 $2,424.15
Herman Strehlow Industrial 675 $50,078.24 908,602 $61,678.06 458,041 $41,683.56 30,744 $4,270.22
REHBEIN PROPERTIES
Clearwater Mdws Outlot Commercial 690 $51,191.09 196,042 $13,307.80 196,042 $17,840.61 14,726 $2,045.36
Rehbein Inc. "A" Commercial 380 $28,192.19 276,624 $18,777.89 121,592 $11,065.36 177,938 $24,714.86
Rehbein Inc. "B" Commercial 100 $7,419.00 286,175 $19,426.24 268,794 $24,461.33 40,145 $5,575.98
Rehbein Inc. "C" Commercial 160 $11,870.40 51,202 $3,475.71 51,202 $4,659.59 51,202 $7,111.75
Sheehy Industrial 350 $25,966.49 850,390 $57,726.49 667,925 $60,783.85 266,971 $37,081.17
Joyce Stevens Industrial 675 $50,078.24 881,619 $59,846.39 673,706 $61,309.94 389,289 $54,070.64
Gerald Rehbein Industrial 1350 $100,156.48 1,572,829 $106,767.37 1,181,836 $107,551.81 1,570,334 $218,112.94
Total Assessments 5690 ft. $422,141.00 6,218,713 sq. ft. $422,141.00 4,638,708 sq. ft. $422,141.00 3,039,262 sq. ft. $422,141.00
ASSESSMENTS SUMMARY
Total City Contribution $97,000.00 $97,000.00 $97,000.00 $97,000.00
Total Assessments - Other Properties $147,267.12 $142,813.11 $134,468,52 $73,428.28
Total Assessments - Rehbein $274,873.88 $279,327.89 $287,672.48 $348,712.72
TOTAL ESTIMATED PROJECT COST $519,141.00 $519,141.00 $519,141.00 $519,141.00
0:\Proj\260085m\20th Avenue Assessments 3120M
TOTAL ASSESSMENTS TOTAL ASSESSMENTS TOTAL ASSESSMENTS TOTAL ASSESSMENTS
(FRONT FOOTAGE) (AREA) (AREA minus WETLANDS) (AREA minus FLOODPLAIN)
Front Total Total Total Total
Property Type Footage Assessment Area Assessment Area Assessment Area Assessment
OTHER PROPERTIES
Lake Area Utilities Commercial 650 $72,086.17 756,630 $78,463.88 737,730 $102,544.71 480,460 $102,320.26
Kenko "A" Commercial 0 $12,849.14 0 $4,411.23 0 $4,545.59 0 $3,744.02
Kenko "B" Commercial 0 $8,076.60 0 $2,654.15 0 $2,629.48 0 $962.28
Carpenter Commercial 320 $35,488.58 216,000 $22,399.58 142,287 $19,777.94 0 $0.00
Reel Manufacturing Commercial 340 $37,706.61 222,600 $23,084.02 139,553 $19,397.91 17,453 $3,716.85
Herman Strehlow Industrial 675 $74,858.72 908,602 $94,223.65 458,041 $63,667.85 30,744 $6,547.34
REHBEIN PROPERTIES
Clearwater Mdws Outlat Commercial 590 $75,522.24 196,042 $20,329.90 196,042 $27,249.90 14,726 $3,136.09
Rehbein Inc. "A" Commercial 380 $42,142.69 276,624 $28,686.40 121,592 $16,901.33 177,938 $37,894.23
Rehbein Inc. "B" Commercial 100 $11,090.18 286,175 $29,676.86 268,794 $37,352.45 40,145 $8,549.40
Rehbein Inc. "C" Commercial 160 $17,744.29 51,202 $5,309.74 51,202 $7,117.09 51,202 $10,904.14
Sheehy Industrial 350 $38,815.63 850,390 $88,186.96 667,925 $92,841.79 266,971 $56,854.98
Joyce Stevens Industrial 675 $74,858.72 881,619 $91,425.46 673,706 $93,645.35 389,289 $82,904.20
Gerald Rehbein Industrial 1350 $149,717.43 1,572,829 $163,105.17 1,181,836 $164,275.59 1,570,334 $334,423.22
Total Assessments 5690 ft. $651,957.00 6,218,713 sq. ft. $651,957.00 4,638,708 sq. ft. $651,957.00 3,039,262 sq. ft. $651,957.00
ASSESSMENTS SUMMARY
Total City Contribution $150,000.00 $150,000.00 $150,000.00 $150,000.00
Total Assessments - Other Properties $241,065.82 $225,236.51 $212,563.48 $117,290.75
Total Assessments - Rehbein $410,891.18 $426,720.49 $439,393.52 $534,666.25
TOTAL ESTIMATED PROJECT COST $801,957.00 $801,957.00 $801,957.00 $801,957.00
0:1Proj1260085mt20th Avenue Assessments 320/98
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Established 1867 C TY OF CENTERVILLE
MEMO
To: Dave Nyberg
From: Christopher J. Bolt
Subject: City of Centerville Surface Water Management Plan;
Protect No. 260 -081M
Date: 3118/98
The following items remain to complete the City of Centerville Surface Water Management Plan:
1. Administrative Improvements Plan — review and discuss these items with the city council as
requested by the RCWD Engineers.
A. Shoreland Ordinance Issues.
i. Time frame and date of adoption and implementation.
ii. RCWD requested the city at least adopt minimum setbacks for Clearwater Creek
(i.e. ensure potential greenway corridor along the creek if redevelopment occurs).
B. Floodplain Ordinance Issues.
L Time frame and date of completion for a revised ordinance.
ii. According to RCWD, 2 feet of freeboard in the floodplain is required. It was
noted that the city's current ordinance is obsolete.
C. Hydrologic Modeling.
i. State that a completely routed stormwater system model of the city will be
completed in the future, and specify a tentative date.
2. Insertion of Exhibit 8, Development & Future Projects Map, received from the Rice Creek
Watershed District Engineers. This exhibit shows the development and future projects
currently in compliance with RCWD rules. All editing has been completed — the exhibit
merely needs to be referenced within the report text.
3. Compile a bibliography /source of information sheet, as requested by the RCWD Engineers.
4. Update Table 3, Account Summary: Stormwater Fund 1993 -2002.
5. Provide the floodplain elevations along Clearwater Creek in an exhibit and/or table as
requested by the RCWD Engineers. These elevations were determined in the recent
floodplain revision study.
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DEVELOPMENTAND FUTURE
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Howard R. Green Company
CONSULTING ENGINEERS
Formerly MSA
Consulting Engineers
March 18, 1998
File: 260089m -0240
Mr. Jim March
Administrator
City of Centerville
1880 Main Street
Centerville, MN 55038
RE: GRADING PLAN REVIEW
PARKVIEW ADDITION
Dear Mr. March:
We received a grading plan for the proposed Parkview Addition on March 12, 1998. As
requested, we have completed a review of the grading plan and offer the following comments.
There are a number of required items that are missing, and it is therefore recommended that the
engineer re- submit the grading plan for a final review after the noted changes have been made.
GRADING PLAN
• Storm sewer must be shown. The alignment must be shown, with top and invert
elevations. Aprons must also be shown with invert elevations.
• Centerline street elevations at 100 foot stations and street grades must be shown.
• Cul -de -sac grades along the curb line with spot elevations must be shown.
• House pad locations and elevations must be shown. The submitted plan indicated the
pad and lowest floor elevations, but does not show the house pad location. Garage floor
elevations must be a minimum of 1.5 feet above the top of curb elevation taken at the
high side of the driveway.
• A typical lot detail must be included on the plan indicating how lot and house elevations
are shown. In previous conversations with the developer's engineer, he indicated that all
homes would be split entry style construction. If this is correct, a number of lowest floor
elevations must be revised to reflect this. The house style must also be noted on the
grading plan.
• Building setback lines must be shown.
• Existing contour lines must be shown. These contours must be shown within the plat
• boundaries and at least 100' into adjacent properties.
1326 Energy Park Drive • St. Paul, MN 55108 • 612/644 -4389 fax 6121644 -9446 toll free 688/3684369
Mr. Jim March
March 18, 1998
Page Two
• Proposed contours must be labeled throughout the plat. The submitted plan only labels
the contours along the east side of the plat.
• Drainage arrows and spot elevations must be shown at high points and major grade
changes. Drainage arrows and spot elevations must also be shown to indicate where
runoff from the rear of Lots 17 -26, Block 2 drains.
• All existing and proposed easements must be shown.
• Emergency overflows must be labeled and shown with spot elevations and drainage
arrows.
• The ordinary high water level of the wetland and pond must be shown.
• The proposed grading of the rear of Lots 1 -10, Block 2 and Lots 18 -25, Block 2 must be
revised so that runoff runs along the lot lines. It is recommended that a swale be graded
and shown with spot elevations along the lot lines.
As we have previously stated, it is recommended that the grading plan be resubmitted for final
review. Therefore, this review is preliminary and other items /issues may arise during the final
review.
Sincerely,
�io�waa1rrdd�R. Green Company
David E. Nyberg, P.E.
cc; Mr. Rick Carlson, Richard Carlson & Associates, Inc.
DEN /et
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Howard R, Green Company
CONSULTING ENGINEERS
MEMORANDUM
DATE: March 20, 1998
TO: Honorable Mayor and Council
FROM: Ry -Chel Gaustad
RE: Petition from Roger Kolstead
- Vacation of Clearwater Road
- Rezone Property from Residential to Commercial
The undersigned is the Planning and Zoning recommendation to the City Council.
Mr. Buckbee moved and it was seconded to recommend to the Council
to deny the rezone and vacation of Clearwater Road request based
on the evidence following:
- The mixed zoning usage
- Testimony about traffic congestion
- Safety concerns and issues (Children walking to school)
- Spot Zoning
- Availability of vacant Commercial /Industrial zoned
property
- Request is incompatible with current zoning ordinances
Motion carried unanimously.
City of Centerville
Main Street
Centerville, MN 55038
Dear P & Z and Council Members:
Together with the rezoning of the Paulsen Property, we hereby request the vacation of
that part of the Clearwater road abutting (Lots 1 through 6 block 2) and (the revised west 100' of
that part of lot 10 and Sub. #48.)
Property should be divided evenly among the adjoining land owners.
Respe� - lysubmitted
Roae�tad (Agent)
J.D.O.B. Inc.
Adioining Land Owners
(1). Lots 3, 4, 5, 6 Block 2 ��,�
Myra GMills
(2) Lots 1, 2 Block 2
i L q -%
(3) Revised West 100' of lot #10 1Al C LL a r\
Richard P. & Linda L. Paulsen
G� Y teryiffe 1880 Main St * Centerville, Ala( 55038
E.Stabki W.1857 CITY OF CENTERVILLE (612)429 -3232 * Fax(612)429 -8629
APPLICATION FOR VARIANCE OR REZONING
VARIANCE FEE zSO.00
x
REZONING DATE PAID
STREET LOCATION OF PROPERTY: 1 764 Ma S tre e t
LECI,AL DESCRIPTION OF PROPERTY:
Aud- Sub. #48 Revised the west 100 feet of that part of lot 10 Aud. Su
#48,
SIZE OF PARCEL (S) loo' x 299.59'
(Principal)
PROPERTY OWNER: J.n.o.B. Inc. John obrien PHONE# 8 73 -2500
'l FEE OWNER. Rick & Linda Paulson
ADDRESS: 1764 Main street Centerville
i APPLICANT'S INTEREST IN PROPERTY:
FEE OWNER CONTRACT PURCHASER
LEASE HOLDER OPTION TO PURCHASE x
DESCRIPTION OF REQUEST: Rezone from residential to commercial
use.
REASON FOR REQUEST:
Raise existinq home and build bank on subj. property.
Plus any additional costs
r to plicant Roger xolstad) Agent incurred for engineering,
t_U 4� legal fees, publication or
Signature of property o%Viief Richard or Linda other requirements.
P - c? _rye Paulson
Date
----- - - -----
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---
--
----------- ------
CITY OF CENTERVILLE
COUNTY OF ANORA
STATE OF MINNESOTA
AMENDMENT TO ORDINANCE #44 -A
BUILDING DESIGN
AN ORDINANCE REGULATING THE USE AND DEVELOPMENT OF LAND WITHIN
THE COMMERCIAL, LIGHT INDUSTRIAL AND INDUSTRIAL ZONING DISTRICTS
WITH REGARD TO BUILDING DESIGN.
Ordinance #44 -A, Section 2.
Now Reads. All buildings erected on land within the commercial
and industrial zoning districts shall be of wood frame, steel,
reinforced concrete, masonry or an equivalent or better material.
No building shall have pole barn type construction nor an
exterior wall surface of sheet metal. Exterior wall surfaces of
all buildings shall be face brick, glass, stone, decorative
block, architectural concrete cast in place, pre -cast concrete
panel or architectural metal panel. Wood may be used as a trim
material.
Amend to Read: All buildings erected on land within the
commercial, light industrial and industrial zoning districts
shall be constructed with the main wall component being masonry,
cement, concrete or structural iron. No building shall have an
exterior wall surface of metal panel in excess of 25W of the wall
surface. Exterior wall surfaces shall be of non - combustible
materials, the trim materials are excluded from this requirement.
Adopted by the City Council this 25th day of March, 1998.
Mayor
T.D. Wilharber
ATTEST:
City Clerk
Ry -chel Gaustad
---- ------
MEMORANDUM
DATE: March 20, 1998
TO: Honorable Mayor and Council
FROM: Ry -Chel Gaustad
RE: Council Table Option
Attached please find Benchmark Industries quote for two different modesty panel designs
for the Council table. In addition to the two quotes another option is a plain modesty
panel, at the original quoted cost.
Also, its hoped the Council will select a color for the table. At City Hall a variety of color
options will be available prior to the meeting.
During the March 11, Council meeting Staff was directed to research the cost of grommets
and their locations. The cost is $6.00 each and approximately nine are needed.
Finally, another option is the ability to straighten out the "L" shaped table. In order to do
this an extra end panel is required at the cost of $65.00.
Please consider a design for the modesty panel, table color and approval for the grommets.
Contact Jim if you need additional information.
-- -------- --- --- ------
MAR -18-08 WED 10:40 AM BENIHMARK INDUSTRIES FAX NO 6125330426 P 1
E 1ENCHMARK
INOU STRIE5 INC.
..................
5x21 LAKELAND AVENUE NORTH
MINNEAPOLIS. MINNESOTA 55429
q ?1533 -9288 FAX (6121533 -0426
FACSIMILE TRANSMISSION INFORMATION SHEET
DATE:
TELEPHONE ._ —_ FAX'. —_ —
FROM
COMMENTS:
cart rR.+
NUMBER OF PAGES INCWOING COVER PAGE If you do not receive fill oI the pages. ploase notify us m�m6diacnN
MEMORANDUM
DATE: March 18, 1998
TO: Honorable Mayor and Council
FROM: Ry -Chel Gaustad
RE: Tobacco Ordinance #66
The Planning and Zoning Commission held a public hearing on March 12, to consider
proposed tobacco ordinance #66. No one was present to object to the ordinance format nor
the language set forth.
On recommendation of the committee, the following action was taken:
Broussard - Vickers moved and was seconded to forward tobacco ordinance 966 to the City
Council; Apply appropriate numbering and strike in its entirety, Tobacco Ordinance 66.13
Penalties. Subd. 3 Minors. (Minors found in unlawful possession of, or who unlawfully purchased
or attempt to purchase tobacco, tobacco products, or tobacco related devices shall be charged an
administrative fee set by City Council resolution and will be subjected to 20 hours of community
service.)
The consequence of the above -noted motion removes the city from intervening if a juvenile
disputes an alleged violation. Whereas now, Anoka County will independently continue
their efforts to discipline convicted violators.
This item is scheduled to be addressed by the Council. However, currently the State
Legislature is in deliberation as to the State's tobacco law language and local control.
Therefore, the State may elect to change the current State tobacco laws thus, causing
sections of the proposed tobacco ordinance to be invalid.
In light of the above mentioned, the City Council may want to consider tabling the tobacco
ordinance, pending legislative action. The Legislative session is scheduled to close on April
8, but by State Statute no later than May 18. The neat following Centerville Council
meeting is scheduled for May 27, 1998.
t
CITY OF CENTERVILLE
ANOKA COUNTY, MINNESOTA
ORDINANCE # 66
An Ordinance Adopting City Code # 66
The Sale of Tobacco
The City Council of the City of Centerville does ordain as follows
Se ction n 1. The City Code of the City of Centerville is hereby adopting City Code #66
in its entirety.
Section °66' - The Sale of Tobacco
66,01 Purpos e. The city recognizes that many persons under the age of i8 years
purchase or otherwise obtain, possess, and use tobacco, tobacco products, and tobacco related
devices, and such sales, possession, and use are violations of both State and Federal laws; and
because studies, which the city hereby accepts and adopts, have shown that most smokers begin
smoking before they have reached the age of 18 years and that those persons who reach the age
of 18 years without having started smoking are significantly less likely to begin smoking; and
because smoking has been shown to be the cause of several serious health problems which
subsequently place a financial burden on all levels of government; This ordinance shall be
intended to regulate the sale, possession, and use of tobacco, tobacco products, and tobacco
related devices for the purpose of enforcing and furthering existing laws, to protect minors
against the serious effects associated with illegal use of tobacco, tobacco products, and tobacco
devices, and to further the official public policy of the State of Minnesota in regard to preventing
young people from starting to smoke as stated in Minn. Stat. § 144391.
66.02 Definitions As used in this section, the following terms are defined as follows:
Subd. 1 Tobacco or Tobacco Products "Tobacco' or "Tobacco products" shall
mean any substance or item containing tobacco leafy including but not limited to, cigarettes;
cigars; pipe tobacco; snuff; fine cut or other chewing tobacco; cheroots; stogies; perique;
granulated plug cut, crimp cut, ready - rubbed, and other smoking tobacco, snuff flowers;
cavendish; shorts; plug and twist tobaccos; dipping tobaccos; refuse scraps; clippings; cuttings;
and sweepings of tobacco, and other ]finds and forms of tobacco leaf prepared in such manner as
to be suitable for chewing, sniffing, or smoking.
Subd.2 Tobacco Related Devices "Tobacco related devices" shall mean any
tobacco product as well as a pipe, rolling papers, or other device intentionally designed
or intended to be used in a manner which enables the chewing, sniffing, or smoking of
tobacco or tobacco products.
1
Subd. 3 Self- Service Merchandising "Self- Service Merchandising" shall mean
open displays of tobacco, tobacco products, or tobacco related devices in any manner
where any person shall have access to the tobacco, tobacco products, or tobacco related
devices, without the assistance or intervention of the licensee or the licensee's employee.
The assistance or intervention shall entail the actual physical exchange of the tobacco,
tobacco product, or tobacco related device between the customer and the licensee or
employee. Self - service merchandising shall not include vending machines.
Subd. 4 Vending Machines "Vending Machine" shall mean any mechanical,
electric or electronic, or other type of device which dispenses tobacco, tobacco products,
or tobacco related devices upon the insertion of money, tokens, or other form of payment
directly into the machine by the person seeking to purchase the tobacco, tobacco product,
or tobacco related device.
Subd. 5 Individually Packaged "Individually packaged" shall mean the practice
of selling any tobacco or tobacco product wrapped individually for sale. Individually
wrapped tobacco and tobacco products shall include, but not be limited to, single cigarette
packs, single bags or cans of loose tobacco in any form, and single cans or other packing
of snuff or chewing tobacco. Cartons or other packaging containing more than a single
pack or other container as described in this subdivision shall not be considered individually
packaged.
Subd. 6 Lo sies. "Loosies" shall mean the common term used to refer to a single
or individually packaged cigarette.
Subd. 7 Minor "Minor" shall mean any natural person who has not yet reached
the age of eighteen (18) years.
Subd. 8 Retail Establishment "Retail establishment" shall mean any place of
business where tobacco, tobacco products, or tobacco related devices are available for
sale to the general public. Retail establishment shall include, but not be limited to,
grocery stores, convenience stores and restaurants.
Subd. 9 Moveable Place of Business "Moveable Place of Business" shall refer to
any form of business operated out of a truck, van, automobile, or other type of vehicle or
transportable shelter and not a fixed address, store front or other permanent type of
structure authorized for sales transactions.
Subd. 10 Sale. A "sale" shall mean any transfer of goods for money, trade, barter,
or other consideration.
2
Subd. 1 I Compliance Checks "Compliance checks" shall mean the system the city
uses to investigate and ensure that those authorized to sell tobacco, tobacco products, and
tobacco related devices are following and complying with the requirements of this
ordinance. Compliance checks shall involve the use of minors as authorized by this
ordinance. Compliance checks shall also mean the use of minors who attempt to
purchase tobacco, tobacco products, or tobacco related devices for educational, research
and training purposes as authorized by State and Federal laws. Other units of
government for the purpose of enforcing appropriate Federal, State, or local laws may
also conduct compliance checks and regulations relating to tobacco, tobacco products
and tobacco related devices.
66.03 License Required No person shall sell or offer to sell any tobacco, tobacco
products, or tobacco related device without first having obtained a license to do so from the city.
Subd. 1 Application for License An application for a license to sell tobacco,
tobacco products, or tobacco related devices shall be made on a form provided by the
city. The application shall contain the full name of the applicant, the applicant's residential
and business addresses and telephone numbers, the name of the business for which the
license is sought, and any additional information the city deems necessary. Upon receipt
of a completed application, the city clerk shall forward the application to the
council for action during a regularly scheduled council meeting. If the clerk
shall determine that an application is incomplete, he or she shall return the application
to the applicant with notice of the information necessary to make the application complete.
Subd. 2 Action The council may either approve or deny the license, or it may
delay action for a reasonable amount of time to complete any investigation of the
application or the applicant it deems necessary. If the council shall approve the license,
the clerk shall issue the license to the applicant. If the council denies the license, notice
of the denial shall be given to the applicant along with notice of the applicant's right to
appeal the council's decision.
Subd. 3 Term All licenses issued under this ordinance will expire December 31,
of the year the license was purchased.
Subd. 4 Suspension or Revocation Any license under this ordinance may be
revoked or suspended as deemed necessary by the Council.
Subd. 5 Transfer . All licenses issued under this ordinance shall be valid only
on the premises for which the license was issued and only for the person (s) to whom the
license was issued. No transfer of any license to another location or person or entity shall
be valid without the prior approval of the council. The licensee shall not be entitled to
a refund of the license fee upon revocation or voluntarily ceasing the licensed activity.
3
Subd. 6 Disnlay All licenses shall be posted and displayed in plain view of the
general public on the licensed premise.
Subd. 7 Renewals The renewal of a license issued under this section shall be
handled in the same manner as the original application. The request for a renewal
shall be made at least thirty days but no more than sixty days before the expiration of
the current license. The issuance of a license issued under this ordinance shall be
considered a privilege and not an absolute right of the applicant and shall not entitle
the holder to an automatic renewal of the license.
66.04 Fees. No license shall be issued under this ordinance until the appropriate
license fee is paid in full. The fee for a license under this ordinance shall be determined by
resolution of the City Council.
66.05 Basis for Denial of License The following shall be grounds for denying the
issuance or renewal of a license under this ordinance; however, except as may otherwise be
provided by law, the existence of any particular ground for denial does not mean that the city
must deny the license. If a license is mistakenly issued or renewed to a person, it shall be
revoked upon the discovery that the person was ineligible for the license under this Section:
A. The applicant is under the age of 18 years.
B. The applicant has been convicted within the past five years of any violation of a
Federal, State or local law, ordinance provision, or other regulation relating to
tobacco or tobacco products or tobacco related devices.
C. The applicant has had a license to sell tobacco, tobacco products, or tobacco
related devices revoked within the preceding twelve months of the date of
application.
D. The applicant fails to provide any information required on the application, or
provides false or misleading information.
E. The applicant is prohibited by Federal, State, or other local law, ordinance, or
other regulation, from holding such a license.
66.06 Prohibited Sales It shall be a violation of this ordinance for any person to
sell or offer to sell any tobacco, tobacco product, or tobacco related device:
A. to any person under the age of eighteen (18) years.
B. By means of any type of vending machine, except as may otherwise be
provided in this ordinance.
4
A
C. By means of self - service methods whereby the customer does not need to make
a verbal or written request to an employee of the licensed premise in order to
receive the tobacco, tobacco products, or tobacco related devices and whereby
there is not a physical exchange of tobacco, tobacco products, or tobacco related
device between the licensee or the licensee's employee, and the customer.
D. By means of loosies as defined in Section 66.02 Subd. 6 of this ordinance.
E. Containing opium, morphine, jimpson weed, Bella donna, strychnos, cocaine,
marijuana, or other deleterious, hallucinogenic, toxic, or controlled substances
except nicotine and other substances found naturally in tobacco or added as part
of an otherwise lawful manufacturing process.
F. By any other means, to any other person, or in any other manner of form
prohibited by Federal, State, or other local law, ordinance provision, or other
regulation.
66.07 Vending Machines It shall be unlawful for any person licensed under this
ordinance to allow the sale of tobacco, tobacco products, or tobacco related devices by the
means of a vending machine unless minors are at all times prohibited from entering the
licensed establishment.
66.08 Self- Service Sales It shall be unlawful for a licensee under this ordinance to
allow the sale of tobacco, tobacco products, or tobacco related devices by any means whereby
the customer may have access to such items without having to request the item from the licensee
or the licensee's employee and whereby there is not a physical exchange of the tobacco, tobacco
products, or the tobacco related devices between the licensee or his or her clerk and the customer.
All tobacco, tobacco products, and tobacco related devices shall either be stored behind a
counter or other area, not freely accessible to customers, or in a case or other storage unit not
left open and accessible to the general public. Any retailer selling tobacco, tobacco products,
or tobacco related devices at the time this ordinance is adopted shall comply with this Section
within 90 days. Self- service sales restriction shall not apply to retail stores which derive at
least 90% of their revenue from tobacco and tobacco related products and which cannot be
entered at any time by a person(s) younger than 18 years of age.
66.09 Responsibility All licensees under this ordinance shall be responsible for the
actions of their employees in regard to the sale of tobacco, tobacco products, or tobacco related
devices on the licensed premises and the sale of such an item by an employee shall be considered
a sale by the license holder. Nothing in this section shall be construed as prohibiting the City
from also subjecting the clerk to whatever penalties are appropriate under this Ordinance, State
or Federal law, or other applicable law or regulation.
66.10 Compliance Checks and Inspections All licensed premises shall be open to
inspection by the city police or other authorized city official during regular business hours.
From time to time, but at least once per year, the city shall conduct compliance checks by
5
engaging, with the written consent of their parents or guardians, minors over the age of fifteen
(15) years but less than eighteen (18) years, to enter the licensed premise to attempt to purchase
tobacco, tobacco products, or tobacco related devices. Minors used for the purpose of
compliance checks shall be supervised by city designated law enforcement officers or other
designated city personnel. Minors used for compliance checks shall not be guilty of unlawful
possession of tobacco, tobacco products, or tobacco related devices when such items are
obtained as a part of the compliance check. No minor used in compliance checks shall attempt
to use a false identification misrepresenting the minor's age, and all minors lawfully engaged
in a compliance check shall answer all questions about the minor's age asked by the licensee or his
or her employee and shall produce any identification, if any exists, for which he or she is asked.
Nothing in this Section shall prohibit compliance checks authorized by State or Federal laws
for educational, research, or training purposes, or required for the enforcement of a particular
State or Federal law.
66.11 Other illegal Acts Unless otherwise provided, the following acts shall be a
violation of this ordinance.
Subd. 1 Illegal Sales It shall be a violation of this ordinance for any person to
sell or otherwise provide any tobacco, tobacco product, or tobacco related device to
any minor.
Subd. 2 Illegal Possession It shall be a violation of this ordinance for any minor
to have in his or her possession any tobacco, tobacco product, or tobacco related device.
This subdivision shall not apply to minors lawfully involved in a compliance check.
Subd. 3 11I egW Use It shall be a violation of this ordinance of any minor to smoke,
chew, sniff, or otherwise use any tobacco product, or tobacco related device
Subd. 4 Illegal Procurement It shall be a violation of this ordinance for any minor
to purchase or attempt to purchase or otherwise obtain any tobacco, tobacco product, or
tobacco related device, and it shall be a violation of this ordinance for any person to
purchase or otherwise obtain such items on behalf of a minor. It shall further be a
violation for any person to coerce or attempt to coerce a minor to illegally purchase or
otherwise obtain or use any tobacco, tobacco product, or tobacco related device. This
subdivision shall not apply to minors lawfully involved in a compliance check.
Subd. 5 Use of False Identification It shall be a violation of this ordinance for any
minor to attempt to disguise his or her true age by the use of a false form of identification,
whether the identification is that of another person or one on which the age of the person
has been modified or tampered with to represent an age older than the actual age of the
person.
66.12 Violations
Subd. 1 Notice Upon discovery of a suspected violation, the alleged violator shall
6
i
be issued, either personally or by mail, a citation that sets forth the alleged violation and
which shall inform the alleged violator of his or her right to be heard on the accusation.
Subd. 2 Hearings If a person accused of violating this ordinance so requests, a
hearing shalt be scheduled, the time and place of which shall be determined by Anoka
County.
Subd. 3 Hearings Officer Anoka County shall serve as the hearing officer.
Subd. 4 Decision If the hearing officer determines that a violation of this
ordinance did occur, the decision, along with the hearing officer's reasons for finding
a violation and the penalty to be imposed under Section 66.13 of this ordinance or as the
court rules, shall be recorded in writing, a copy of which shall be provided to the accused
violator, their parent or legal guardian. Likewise, if the hearing officer finds that no
violation occurred or finds grounds for not imposing any penalty, such findings shall be
recorded and a copy provided to the acquitted accused violator, their parent or legal
guardian.
Subd. 5 Appeals Appeals of any decision made by the hearing officer shall be
filed in the district court for the city in which the alleged violation occurred.
Subd. 6 Misdemeanor Prosecution Nothing in this Section shall prohibit the City
from seeking prosecution as a misdemeanor for any alleged violation of this ordinance.
If the City elects to seek misdemeanor prosecution, no administrative penalty shall be
imposed.
Subd. 7 Continued Violation Each violation, and every day in which a violation
occurs or continues, shall constitute a separate offense.
66,13 Penalties
Subd. I Licensees and Employees Any licensee, and any employee of a licensee,
found to have violated this ordinance shall be charged an administrative fine which shall be
determined by resolution of the City Council for a first violation of this ordinance; for a
second offense at the same licensed premises within a twenty -four month period; and/or
a third or subsequent offense at the same Iocation within a twenty -four month period. A
fine shall be determined by resolution of the City Council. In addition, after the third
offense, the license shall be suspended for not less than seven days.
Subd. 2 Other Individuals Other individuals, other than minors regulated by
subdivision 3 of this subsection, found to be in violation of this ordinance shall be
charged an administrative fee set by resolution of the City Council.
Subd. 3 Misdemeanor Nothing in this Section shall prohibit the City from seeking
prosecution as a misdemeanor for any violation of this ordinance.
7
4
66.14 Exceptions and Defenses Nothing in this ordinance shall prevent the providing
of tobacco, tobacco products, or tobacco related devices to a minor as part of a lawfully
recognized religious, spiritual, or cultural ceremony. It shall be an affirmative defense to the
violation of this ordinance for a person to have reasonably relied on proof of age as described
by State law.
66.15 Severability and Savings Clause If any section or portion of this ordinance
shall be found unconstitutional or otherwise invalid or unenforceable by a court of competent
jurisdiction, that finding shall not serve as a invalidation or effect the validity and enforceability
of any other section or provision of this ordinance.
66.16 Effective Date This ordinance shall take effect the day following
publication in the city's official newspaper.
Mayor Tom Wilharber
Attest:
Ry -Chet Gaustad, CMC City Clerk
8
CIRCLE PINES - LEXINGTON POLICE DEPARTMENT
TRI -CITY JOINT POLICE CONMUSSION TASK FORCE
AT THE JOINT POLICE COMMISSION /COUNCIL MEETING JUNE 26, 1997, THE
CITIES OF CIRCLE PINES AND LEXINGTON GAVE VOICE APPROVAL TO
RESEARCHING A NEW JOINT POWERS AGREEMENT THAT WOULD
INCLUDE THE CITY OF CENTERVII.LE. IT WAS FURTHER AGREED THAT
THE CENTENNIAL FIRE DEPARTMENT'S FUNDING FORMULA WOULD BE
THE INITIAL. FORMULA REVIEWED FOR FUNDING THE NEW JOINT POWERS
AGREEMENT.
To that end, it was requested that the Circle Pines - Lexington Police Commission set forth a
time line for this task force, and recommend to the respective cites of Circle Pines,
Lexington, and Centerville who should serve on this task force. Below are our
recommendations and suggested time line.
SUGGESTED TASK FORCE MEMBERS
Commission Member from the City of Circle Pines
Commission Member from the City of Lexington
City Administrator from the City of Circle Pines
City Administrator from the City of Lexington
City Administrator from the City of Centerville
Elected Official from the City of Circle Pines
Elected Official from the City of Lexington
Elected Official from the City of Centerville
Citizen Representative from the City of Circle Pines
Citizen Representative from the City of Lexington
Citizen Representative from the City of Centerville
Police Officer from the Circle Pines - Lexington Police Department
Police Administration Representative from the Circle Pines- Lexington Police Department
Chairman of the Circle Pines- Lexington Police Commission to serve as Task Force Chair.
Chair to have deciding vote on task force in the event of any sprit decision rendered.
Task Force to determine if an outside agency is needed to assist in drawing up a Joint
Powers Funding Formula and Agreement Furthermore, the Task Force will be charged
with selecting a City Attorney from one of the member Cities, or arty other attorney, to
review funding formula and joint powers agreement prior to implementation.
City Administrators and/or City Mayors to select representatives from their respective
cities, including Police Commission Representative. Chief of Police to select representatives
from the Circle Pines- Lexington Police Department
SUGGESTED TIME ;LM
Task Force Members Selected By September 1, 1997
First Meeting of Task Force By October 1, 1997
Meeting Dates Bi- monthly to be determined
by Task Force Members
Completion/Recommendation to Councils By April / May 1998
_ r CENTENNIAL FIRE DISTRICT
FUNDING FORMULA
1997 Budget Centerville Circle Pines Lino Lakes Total
.99 Runs 681 1811 301 550;
1992 Runs 691 1441 276' 489'
1993 Runs 661 1391 307 512
1994 Runs 79' 161' 3651 605;
1995 Runs 821 186i 454 722
Total i 3641 811 i 1703! 2 8787
Five Year Avera e 72.801 162.201 340.60 1 575.60
Warket Value per Anoka County 69,778,6001 159,057,3001 492,355,100{ 721,191,000!
Market Value divided by 1,000,000 j 69.78; 159.06 ! 492.361 721.191
1 I
; Population per Met Council 1 2,173 4,758 13,097 1 20,028,
;Population divided by 100 21.731 47.581 130.97 200.281
I I I
CALCULATION 1
i
Five Year Average of Runs r 72.80 162.20 340.601 575.60
Market Value divided by 1,000,000 69.781 159.06 492.361 721 19'
; Population divided by 100 21.731 47,581 130.97 1 200.28
Total 164.3086 j 368.8373i 963.9251 i 1497.071
ercentage of Total 11.0% 24-6%1 64,4 %! 100.0% 1
1997 Budget 56,119 j 125 502 j 328,549 i
510,169
Balancing Adjustment ! (1,221 {9,998 11,219' 0
1997 Final Figures ! 54,898; 115 5041 339,768 510,169
Final Percent of Total ; 10.8% 22.6 %; 66.6% 100.0°
! Centennial Fire Budget
(22.6 %) Circle Pines
Iwo (10.8 %) Centerville
(66.6 %) Lino Lakes
•
FORM1997
CENTENNIAL FIRE DISTRICT
JOINT POWERS AGREEMENT
CENTENNIAL, FILE
DISTRICT
JOINT POWERS
AGREEMENT II
Original Date: January 1, 1990
Ammended: January 1, 1996
•
CENTENNIAL FIRE DISTRICT
JOINT POWERS AGREEMENT
IlYDEX
PAGE #
SECTION I. GENERAL PURPOSE I
SECTION II. CENTENNIAL FIRE DISTRICT ORGANIZATION I
SECTION III. ARBITRATION 2
SECTION IV. GENERAL POWERS OF THE COMMITTEE 4
SECTION V. FIRE EQUIPMENT, LAND, AND BUILDINGS 5
SECTION VI. UNIFORM FIRE CODES 7
SECTION VII FUNDING 7
SECTION VIII. BUDGET IO
SECTION IX. FUTURE FIRE STATION CONSTRUCTION I i
SECTION X. DISPUTE RESOLUTION 11
SECTION XI. WITHDRAWAL 12
SECTION XII. DURATION, DISSOLUTION OF THE DISTRICT 13
SECTION ME, DISTRIBUTION OF EQUIPMENT UPON 13
TERMINATION WITHDRAWAL OR
DISSOLUTION
SECTION XIV. COUNTERPARTS 14
SECTION XV. ADDITIONAL MEMBERS 15
SECTION XVI. AMENDMENT 15
CENTENNIAL FIRE DISTRICT
JOINT POWERS AGREEMENT
THIS AGREEMENT entered into as of January 1, 1990 by and between the City of Centerville,
the city of Circle Pines and the City of Lino Lakes.
WITNESSETH:
WHEREAS, the parties hereto are authorized by law to provide fire protection service to their
residents; and
WHEREAS, the parties are currently all of the members of the Centennial Fire District, which is
governed by ajoint powers agreement effective as of January 1, 1985, as amended; and
WHEREAS, the parties hereto have determined that such power may be best exercised jointly by
continuing the Centennial Fire District to carry out such purposes, and
WHEREAS, the parties hereto desire to enter into a joint powers agreement for the purpose of
continuing said District including its operation, ownership of equipment and funding; and
WHEREAS, Minnesota Statute Section 471.59 authorizes governmental units by agreement of
their governing bodies jointly and /or cooperatively to exercise any power common to the
contracting parties and to provide for a joint board representing the parties to the agreement.
WHEREAS, all previous agreements, amendments or parts there of in force at the time of
execution of the Centennial Fire District Joint Powers Agreement II are hereby repealed;
NOW THEREFORE, the parties to this agreement do mutually agree as follows:
SECTION I
GENERAL PURPOSE
1.1 It is the general purpose of the parties to this agreement to continue an organization to
jointly and cooperatively provide fire protection services including, but not limited to, fire
prevention, fire fighting and rescue service.
SECTION II
CENTENNIAL FIRE DISTRICT ORGANIZATION
2.1 Establishment. There is hereby established the "Centennial Fire District" (hereinafter
referred to as the "District ") to be managed through a three (3) tier system. The
management tiers will be broken out as follows:
A. First Line Management will consist of a part time Fire Chief until June 30,
1990. Beginning July 1, 1990 the Fire Chief position will become a full time
position- The Fire Chief will be fully responsible for the day to day maintenance
and operation of the District and it's facilities. This is an appointed position whose
CENTENNIAL FIRE DISTRICT
JOINT POWERS AGREENIENT
contract, appointment, ratification or removal requires a unanimous vote of
the member municipalities.
The Chief will have an employment contract. The first being from the hiring date
until December 31, 1992. The Chief shall serve a six (6) month probationary
period. Employment contracts after December 31, I992 shall be for a two (2)
year period.
In the event that the member municipalities are unable to agree on a person to fill
the position of the Fire Chief, the District by majority vote shall appoint an acting
Fire Chief Specific personnel issues for the Chief will be covered under a separate
personnel policy adopted by the Steering Committee.
B. Section Line Nlanaeement: will consist of a Steering Committee (referred to
herein as the "Committee ") made up of two (2) elected officials appointed from
each member municipality in the District by the respective end of the first two (2)
year term. At the end of the first two (2) year term each City is only required to
have one (1) elected official oft he two (2) regular appointees. The committee
shall meet regularly on a quarterly basis and at special meetings as called. One (1)
administrative staff person from each municipality shall be appointed by the
respective City Councils to serve as ex officio members of the Steering Committee
and shall meet with the Fire Chief regarding operations and administrative
concerns on a monthly basis.
The venue of the committee will rotate between the member municipalities with
the administrative staff chairing the meetings when in their respective city.
Each municipality shall choose an alternate to the committee who shall be an
elected official and shall operate as a committee member only in the absence of one
of the municipality's two (2) regular appointees.
Members of the Centennial Fire Department and police employees of member
municipalities shall not be eligible to sit on the committee.
C. Third Line NIanasement: will consist of the city council of each municipality.
These bodies will be responsible for final policy and budget decisions as outlined in
this agreement.
2.2 Boundaries. The area included within the District is the area contained within the
corporate limits of the municipalities which are parties to this Joint Powers
Agreement, as adjusted in future, whether by annexation or otherwise.
2.3 Pavment of Bills. The member municipalities confer upon the administrative staff
person appointed to serve on the committee the authority to approve budgeted
expenditures during their monthly meetings. Non budgeted expenditures must be
Page 4 1
CEN'T'ENNIAL FIRE DISTRICT
JOINT POWERS AGREEMENT
approved at a special or regular meeting of the committee. A monthly bill list shall
be submitted to each municipality at their first regular city council meeting.
2.4 Compensation Committee members shall serve without compensation from the
District, but nothing herein shall be construed to prevent a member municipality
from compensating its committee members for service on the committee as such
compensation is otherwise authorized by law.
2.5 Ouorum. Four (4) of six (6) regular committee members during special or
quarterly meetings shall constitute a quorum provided each municipality is
represented by at least one Committee Member, except in situations of default
when three (3) of four (4) committee members shall constitute a quorum.
16 Voting. Each committee member present at the meeting other than ex officio
administrative staff members shall be entitled to one (1) vote. Unless otherwise
provided in this agreement the committee may take the action on any issue by a
fifty -one (51 %) percent or greater vote of those members present and entitled to
vote at a duly called meeting, subject to the quorum requirement of section 2.5.
In the absence of the designated committee elected official, the designated elected
official alternate of that municipality shall become a voting member of the
committee.
There shall be voting by proxy. Votes must be cast at a committee meeting by a
committee member.
Administrative staff approval of payment of bills as in section 2.3 shall require
unanimous agreement.
2.7 Default, Voting Authoritv. No committee member shall be eligible to vote on
behalf of the municipality that appointed said committee member during such time
as the municipality is in default of terms or provisions of this agreement, During
the existence of such default, the vote or votes of such municipality shall not be
counted for the purposes of this agreement. Committee members representing a
municipality in default shall not be counted for the purpose of determining a
quorum.
2.8 District office The office of the District shall be 7741 Lake Drive, Lino Lakes,
NIN 55014 or such locations as the committee deems necessary. All notices to the
District shall be delivered or served at said office.
Page # 2
CENTENNIAL FIRE DISTRICT
JOINT POWERS AGREEMENT
SECTION III
ARBITRATION
3.1 Arbitration Procedures (a) Upon the City Council of two member
municipalities agreeing to proceed to arbitration in the types of disputes outlined in
Section 10.1, the issue shall be submitted to the American Arbitration Association,
which shall, as soon as reasonably possible, submit a list of potential arbitrators to
each of the municipalities. No disputes except those proceeding forward from
section 10.1 shall be subject to arbitration. Except as identified herein, the
commercial arbitration rules of the American Arbitration Association shall apply to
an arbitration pursuant to this agreement. The municipalities shall, within thirty
(30) days of receipt of the list of potential arbitrators submit the rank ordering of
their municipality preference for arbitrators. The arbitrator having the highest
ranking, across all member municipalities, will be selected as the arbitrator for the
issue. The municipalities may, by unanimous agreement, select one (1) arbitrator
from the list or any other qualified individual.
(b) Within thirty (30) days after the appointment of the arbitrator and no
sooner than ten (10) days following written notice to the member
municipalities, the arbitrator shall commence a hearing on the dispute.
(c) The hearing shall be recorded and may be transcribed at the request and
expense of any municipality. All hearing proceedings, debates and
deliberations shall be open to the public, and shall take place at such times
and places as contained in the notice, or as thereafter publicly stated in the
order to adjourn.
(d) At the close of the hearing, and within thirty (30) days, the arbitrator shall
prepare written findings and make a written decision which shall be served
by mail upon the municipalities, and shall be binding upon all member
municipalities.
3.2 Arbitrator's Authority
(a) The arbitrator shall have no right to amend, modify, nullify, ignore, add to,
to subtract from the terms and conditions of this Joint Powers Agreement.
The arbitrator shall consider and decide only the specific issue(s) submitted
in writing by the municipalities, and shall have no authority to make a
decision on any other issues not so submitted.
(b) The arbitrator shall be without power to make decisions contrary to, or
inconsistent with, or modifying or varying in any way the applicable
application of laws, rules, or regulations having the force and effect of law.
Page # 3
CENTENNIAL FIRE DISTRICT
JOINT POWERS AGREEMENT
33 Judicial Relief
(a) Any municipality may seek judicial relief, to the extent authorized under
Minnesota Statute Section 572.08 through 572.30 as the same may be
amended, and, in addition under the following circumstances:
-any municipality fails to select an arbitrator;
- designated time limits have been exceeded;
-the arbitrator has not proceeded expeditiously; or
(b) Costs of the suit to be awarded to the prevailing parties. The cost of
arbitration shall be borne equally by the municipalities. Each party shall
pay its own attorney's fees.
Section N
General Powers of the Committee
4.1 Powers. The committee shall have and is hereby given all powers, duties
and functions enumerated in this agreement, and all such further powers
necessary to carry out the intent and purpose of the District with respect to
acquisition of property and operation of the District heretofore set fourth,
including the following:
(a) To employ and determine the terms of employment of fire protection,
administrative and other personnel, accountants, consultants, engineers,
legal counsel, and other qualified personnel, except as provided in this
agreement.
(b) To cause reports, plans, studies and recommendations to be prepared.
(c) To recommend purchase of capital equipment, as here in after defined and
land, to recommend construction of buildings to implement the purposes
herein set forth.
(d) To lease or purchase equipment other than capital equipment and supplies
necessary for the proper operation, care, maintenance and preservation or
District facilities and equipment, except as otherwise provided in this
agreement.
(e) To adopt District bylaws, rules and regulations for the operation,
maintenance and use of the District fire protection services, equipment and
facilities.
(f) To enter into mutual aid agreements with other organizations with similar
purposes.
Page # 4
CENTENNIAL FIRE DISTRICT
JOINT POWERS AGREEMENT
(g} To recommend disposal of capital equipment as here in after defined, and
land.
(h) To sell or lease any of its equipment other than capital equipment as may
be deemed expedient.
(i) To establish a yearly budget for fire protection services pertaining to the
District, which budget shall require approval by the City Councils for each
of the member municipalities, per Section VIII of this Agreement.
(j) To act as agent for receipt, custody and disbursement of funds, gifts or
other funds paid or given by the contracting municipalities in behalf of or
for the use of the District.
(k) To act as paying agent for any bonds, contracts of indebtedness and loans
made in the names of the contracting municipalities for the benefit of the
District, and to act a custodian of sinking funds created for or required by
such indebtedness.
(1) To cause an annual audit to be made of all its accounts, books, vouchers
and funds.
(m) To promulgate, establish and adopt suitable bylaws governing operations
of the committee; said bylaws should be filed with the councils of the
member cities and should be effective upon acceptance of each member
municipality of this Agreement. If a municipality does not respond within
45 days from the date the bylaws were delivered to the municipality, the
bylaws shall be deemed approved.
(n) To continue a fire fighter relief association for the benefit of members of
the fire department and to make such contribution to the fire department
and to make such contribution to the fund of the firefighters relief
association as are budgeted by the committee and unanimously approved
by the city councils of the member municipalities.
42 Disbursements and Bonds. Except as designated in Section 23 all
disbursements of the District shall be approved by the Committee at a
regular or special meeting and be cosigned by two of the officers
designated by the Committee.
Officers authorized to make disbursement shall be bonded in an amount to be determined
and approved by the Committee before entering into the performance of their duties.
Page # 5
CENTENNLAL FIRE DISTRICT
JOINT POWERS AGREEMENT
SECTION V
FIRE EQUIPMENT, LAND AND BUILDINGS
5.1 A. Equipment. Each of the municipalities to this agreement has contributed to the
District for its use and benefit the municipalities existing firefighting apparatus and
equipment. The Committee shall control the use of such contributed equipment.
The ownership of such equipment shall be retained by the municipality donating
same. All expenses relating to the maintenance and repair of such equipment shall
be an operating expense of the District. In addition, the parties hereto have
submitted a list of all items of personal property that were initially contributed to
the District, its value at the time of the commencement of use by the District, its
anticipated salvage value at the time of expiration of this agreement or date of
obsolescence whichever is earlier, and the annual depreciation expense based upon
a straight line method-
5. 111, Land and Buildings. Each of the municipalities to this Agreement has contributed
to the District for the use and benefit the municipalities existing and future
buildings and land. The Committee shall control use of the buildings and land.
The ownership of such buildings and land shall be retained by the municipality
donating same. All expenses relating to the maintenance and repair of land and
buildings are an expense of the District. All costs for construction and capital
improvements are the responsibility of the member municipality which owns the
buildings and land. Maintenance, repair, construction and capital improvements
shall be defined as per Internal Revenue Service Publication 17, Repairs and
Improvements.
52 Purchase of Equipment. The purchase of capital equipment which is equipment
with a value in excess of $5,000 (capital equipment), shall only be done by mutual
agreement of all member municipalities. The Fire Chief shall, as part of the budget
process as outlined in Section VIII of this Agreement, list the proposed capital
equipment to be purchased in the budget year. The proposed purchase of capital
equipment will follow the same schedule and time deadlines, as indicated in the
budget process. If, by June 1st of the year preceding the year the capital
equipment is projected to be purchased, the municipalities have not unanimously
agreed on the purchase of any specific piece of capital equipment, that specific
piece of equipment will not be purchased by the District.
53 Ownership. New and used equipment purchased by the District after the effective
date of the original Joint Powers Agreement (1 -1 -85) shall be owned by the
District. The District Chief shall conduct an equipment appraisal annually and
present such information to each member municipality.
5A All equipment controlled by the District shall be used when needed within the boundaries
of the District for the benefit of the member municipalities. They should not be used
outside the District, except as follows:
Page # 6
CENTENNIAL FIRE DISTRICT
JOINT POWERS AGREEMENT
(a) In areas outside the District, when fire emergencies may endanger life or property
within the district.
(b) When use is covered by contracts duly entered into by the District for fire
protection or other services outside the District.
(c) When necessary to fulfill mutual aid agreements duly entered into by the
Committee.
(d) In case of major emergency or disaster, when authorized by the Fire Chief, or in
his absence, the officer in charge. Such use shall be reported as soon as possible to
the Fire Chief of the District.
(e) When specifically authorized by the Committee.
Such use, as authorized above for use outside the District, shall be carried out only when
the officer in charge has determined that the absence of equipment from the District will
not impair the protection of the District. The officer in charge shall have the authority to
determine priority in answering calls and to assign equipment and manpower.
SECTION VI
UNIFORM FIRE CODES
6.1 All member municipalities agree to adopt the most current Uniform Fire Code,
appendixes of the Uniform Fire Code, Appendix E of the Uniform Building Code, and
subsequent updates within 120 days of signing this agreement, or within 120 days of
adoption by the State of Minnesota of said Uniform Fire Code, appendixes of the Uniform
Fire Code, Appendix E of the Uniform Building Code, and updates, which ever occurs
later. Member municipalities may exempt agricultural zoning districts from said codes and
appendixes until October I, 1994, when all zoning districts within all municipalities shall
comply.
If a municipality elects to choose not to adopt said codes and appendixes in the
agricultural zoning districts within its boundaries, that municipality shall indemnify all
other municipalities and/or parties to this Agreement and hold them harmless with regard
to any possible circumstance or consequence.
Member municipalities that are not in compliance with Section VI of this Joint Powers
Agreement, shall be considered in default and subject to Section 2.7 of this Agreement.
SECTION VII
FUNDING
7.1 Member contributions. Each calendar year each municipality shall pay to the District its
share of the total operating budget as established by the Committee, as provided for in
Section VIII of this Agreement. Capital and operating expenses of the District shall be
borne by each municipality in this agreement according to the following formulas:
Page 4 7
CENTENNIAL FIRE DISTRICT
JOINT POWERS AGREEMENT
Base formula. The following calculation shall determine each municipality's
representative share of the total operating budget and capital expenditure budget. The
sum of:
a +p +v
A + P + V x 100 = % of total budget apportioned to the specific municipality.
a = The specific municipality's average number of calls for service for the last five (5)
calendar years.
p = The specific municipality's population in the District, expressed in units of 100.
Source for population information shall be the latest Metropolitan Council estimate
of the population.
V = That specific municipality's total market value expressed in units of $1,000,000.
A = The District's average number of calls for service for the last five (5) calendar
years.
P = The total population of the municipalities in the District, expressed in units of 100.
V = The sum total of the municipalities estimated market value within the entire
District expressed in units of 51,000,000.
All figures shall be carried out to one (1) decimal place for the functioning of the formula.
Except as modified by Sections 7.2, 73, and 7.4 the municipalities proportionate share of
the total budget contribution shall be determined by multiplying the municipalities
percentage times the annual budget. The municipalities contribution shall be recalculated
on an annual basis by June 1st of the year preceding the budget year to which the
calculation shall apply. Each municipality shall pay over to the District the amount owing
in four (4) equal installments on January 31, April 30, July 31, and October 31 of every
year.
7.2 At such time when it is determined that a member municipality contributes in excess of
70% of the budget for any particular year„ that affected municipality may request the
Committee to reevaluate the funding formula.
SECTION VIII
BUDGET
8.1 Established Budgets. The municipalities hereby agree that the operating budget for 1990
will be $321,297 (of which $23,680 is for depreciation), and that the capital budget for
1990 will be $150,000 making a total of $471,292 It is further agreed that in 1991 the
operating budget will be $3 and that the capital equipment budget will be $100,000
for a total of $449,715.
Page # 8
CENTENNIAL FIRE DISTRICT
JOINT POWERS AGREEMENT
8.2 Steering Committee Budget Process. The Fire Chief shall submit an operating and
capital equipment budget to the Committee by July I st of 1990, and each subsequent July
1st thereafter. The budget shall be submitted for the year 1992, in 1990 and for the next
year in subsequent years. The Committee shall then review the proposed budget and make
a recommendation to the member municipalities by October 1st of 1990 and every
October 1st thereafter. Each municipality shall have until November 30, 1990 to adopt
the 1992 budget and each subsequent November 30 thereafter. If all member
municipalities have not accepted the budget by November 30 in the appropriate year, the
committee will make an attempt to resolve outstanding issues and shall report back by
February I st of the following year. The municipalities will then have from February 1 st to
March 15 to approve the proposed budget. All new budgets must be agreed to by
all member municipalities, to become effective.
8.3 Base Budget. If by March 15 the municipalities in the District are unable to mutually
agree on the proposed budget for the upcoming year, the amount of the previous years
operating budget will be increased by the lesser of the following:
(a) The increase in the July, Minneapolis and St. Paul Consumer Price Index for All Urban
Consumers (CPI -U) for the period ending most immediately prior to the commencement
of the budget year over the same index for the previous year.
or
(b) The increase in the most restrictive levy limit applicable to the budget year placed on
any of the member municipalities over the levy limit for that member municipality for the
prior year.
In the event (a) or (b) decreases, the operating budget shall remain the same. The capital
expenditure contribution will, if there is no mutually agreed on number, revert to $100,000
for the upcoming budget year.
SECTION IX
FUTURE FIRE STATION CONSTRUCTION
9.1 Procedure. Each municipality not having an existing fire hall meeting District standards,
as outlined in the addendum referred to below shall be responsible for the construction of
one (1) fire hall within its municipal borders which will be functional by December 31,
1992. Future fire stations beyond the minimum of one (1) will be located, with the
exception of common facilities. (The standard specifications will be outlined in an
addendum to this agreement to be supplied by the Fire District.) Common facilities such
as district offices and training centers shall be paid for in the same manner in which the
operating costs are presently assessed. Upon dissolution of the District, the municipality
wherein the facility is located shall be required to reimburse the remaining member
municipalities the costs they invested into the facility, minus depreciation based upon
straight line method Asset Depreciation Range.
Page 9 9
CENTENNIAL FIRE DISTRICT
JOINT POWERS AGREEMENT
SECTION X
DISPUTE RESOLUTION
10.0 Dispute Process. When any member municipality feels that there is a misinterpretation or
a violation of the specific terms and conditions of this agreement or in the situation
outlined in Section 13.1 (b) they may initiate the dispute resolution process by submitting
a written statement outlining the dispute or disagreement. This written statement of
dispute shall be forwarded to the Committee at its next regular or special meeting. The
Committee will then have six (6) month period to resolve the dispute as to interpretation
or application of the terms of this agreement, the dispute shall be forwarded to the Anoka
County Mediation Service or a similarly appropriate mediation service. If the
municipalities can not mutually agree, through the mediation process, within 90 days as to
the interpretation of application of the specific term in question, then a majority vote of
member municipalities will initiate the submission of the issue to arbitration as defined in
Section III.
SECTION XI
WITHDRAWAL
11.1 Notice. Member municipalities may withdraw from the District only in accordance with
this section. Notice to withdraw may only be given during the month of December in odd
numbered years, beginning with December of 1993. Such notice shall provide a minimum
of two (2) years notice to the remaining municipalities of the intent to withdraw.
112 Withdraw Damages. Municipalities giving withdraw notice in 1993 shall pay total
damages equal to thirty percent (30 %) of their contribution for all District costs for the
1993 year.
Such damages will be distributed to the remaining Municipalities based on their percentage
share of the current District budget contributions. If municipalities were to give notice of
withdrawal in 1995, the percentage damages would be reduced to twenty five percent
(25 %) of the total fire operating costs distributed by that municipality. In 1997 it would
decrease to ten percent (10 %), in 1999 it would decrease to five percent (5 %), and
starting in 2001 and thereafter, there will be no damages for withdrawal. Such damages
shall be paid to the other municipalities at the time notice is given. The withdrawing
municipality shall always be responsible for payment of the remaining two (2) years of
contributions and shall be a full participant in the operation of the District until its
withdrawal is effective.
11.3 Refund of Damages. During a six (6) month period, following the notice to withdraw, a
municipality may abandon that withdrawal and determine to stay in the District. If that
occurs within a six (6) month period, the damages paid to the remaining municipalities will
be refunded to the municipality which had originally given notice to withdraw.
Page # 10
CENTENNIAL FIRE DISTRICT
JOINT POWERS AGREEMENT
After six (6) month period, no refund of damages shall occur, even though the
municipality may determine they wish to abandon their withdrawal and stay with the
District.
11.4 Distribution of Equipment. Distribution of equipment for withdrawal shall be as
specified in Section XIII.
SECTION XII
DURATION, DISSOLUTION OF THE DISTRICT
12.1 Unless dissolved pursuant to this agreement, the duration of the District shall be perpetual.
122 Dissolution. The District shall be dissolved upon unanimous agreement of all parties.
120 . Upon unanimous agreement for dissolution, each member municipality shall continue
payments and operated as a full participant in the District for a two (2) year period, so that
distribution of equipment can occur in an orderly fashion.
SECTION XIII
DISTRIBUTION OF EQUIPMENT UPON TERbfINATION, WITHDRAWAL OR
DISSOLUTION
13.1 Process.
(a) Upon dissolution, termination or withdrawal from the District by a member, or
members of the District, the following procedure shall be used to distribute the
personal property of the District, its capital equipment and other related
equipment. Distribution will only occur after all District debts and long term
expenses have been satisfied.
(b) Within six months of notice of withdrawal or dissolution the District shall retain a
qualified appraiser to evaluate each piece of capital equipment and all other
equipment and personal property that is owned by the District. The appraiser shall
submit the report to each of the municipalities within three dispute resolution
provisions of Sections III an X will be employed.
In addition, the financial records of the District will be reviewed for the lesser of
the life of the District or for the last 15 years, to determine the total dollar value of
contributed equipment and depreciation payments made by each member
municipality. The District will then determine the percentage of the total paid by
each member municipality.
(c) The percentage of the total contributions over the applicable period will then be
multiplied times the total dollars arrived at by the appraiser for all capital
i equipment, other equipment and personal property of the District.
Page 9 11
CENTENNIAL FIRE DISTRICT
JOINT POWERS AGREEMENT
Each municipality will then have the above - specific dollars available to use towards
the purchase of capital equipment and other equipment of the District for that
municipality's individual use, or, if a number of municipalities wish to continue the
District, they may recontribute the purchased equipment to the District. Each
municipality will have the option to retain personal equipment that is located at the
station(s) within its boundaries and valued at less than $500 for each piece. Such
retained equipment will be charged against that municipalities allocated funds as
outlined above.
(d) To determine the order in which each municipality will proceed to use its allocated
dollars to purchase equipment, there will be a coin toss an appropriate number of
times to determine the full order of picks. After the order has been determined, the
first picking member municipality will begin the process using its dollar amount, as
determined above, to purchase the piece of equipment of personal property that it
desires. That process will continue until all member municipalities have had their
first pick for the equipment they desire.
Then the member municipality that picked first, in the first round, will pick last in
the second round, and the second municipality in the first round will pick first in
the second round, etc. The municipalities will continue picking in that order
alternating until the number of rounds necessary to achieve the distribution of all
equipment has occurred; or until all member municipalities pass on the remaining
equipment.
Any municipality that has withdrawn will not participate in the above - indicated
selection process to determine "order of pick ". They will be last in the first round.
Thereafter, picks shall alternated in the manner outlined above.
(e) In the event that there is equipment that all municipalities have passed on, it will be
sold and the proceeds will be distributed based on the dollar value that each
municipality had when all municipalities passed on the remaining equipment.
(f) Each member municipality has the ability to exceed the dollars available on t he
purchase of one piece of capital equipment or other equipment of the District. In
the event the municipality exceeds its available dollars, the municipality hereby
agrees to reimburse the other member municipalities within a one year period.
That reimbursement will be distributed based on the dollars remaining unspent by
the member municipalities.
SECTION XIV
COUNTERPARTS
14.1 This agreement may be executed in several counterparts and all so executed shall
constitute one agreement, binding on all of the parties hereto notwithstanding that all of
the parties are not satisfactory to the original or the same counterpart.
Page # 12
CENTENNIAL FIRE DISTRICT
JOINT POWERS AGREEMENT
SECTION XV
ADDITIONAL MEMBERS
15.1 Representation in second -line management tier. Cities added to the District after January
1, 1990 shall be represented by one (1) elected official.
The municipality shall choose an alternate to the Committee who shall be an elected
official Committee member.
15.2 Equipment. Municipalities added to this agreement shall contribute to the District for its
use and benefit the municipalities existing fire fighting equipment, land and contributed
equipment. The ownership of land and buildings shall be retained by the municipality
donating the same. All expenses relating to the maintenance and repair of such land and
buildings shall be an operating expense of the District. All costs for capital improvements
shall be the responsibility of member municipality which one owns the equipment, land or
building.
Municipalities added to the District after January 1, 1990 shall not be compensated for
equipment donated to the District. However, should the District dissolve the donated
equipment shall be valued at that time and the contributing municipality shall receive a
dollar credit for said contribution with regard to equipment redistribution.
153 Budget. The budget as established in Section VIII may have to be adjusted to reflect the
addition of members should a municipality be added to the District.
15.4 A municipality shall be added to the Centennial Fire District only upon receiving the
approval of each existing member.
SECTION XVI
AMENDMENT
16 1 Modification. This agreement sets forth all understandings between the parties
respecting terms and conditions of the District. All prior agreements, understandings,
representations whether consistent or inconsistent, verbal or written, concerning this
agreement, are merged into and superseded by this written agreement. No modification or
amendment of this agreement shall be binding on any municipality unless each municipality
agrees in writing to the proposed change or amendment.
16.2 Submittal. Any municipality wishing to submit an amendment to the agreement shall do
so by submitting a written proposal to the Committee at a regularly scheduled or special
meeting. The Committee shall forward the proposed amendment, with a recommendation
to each member municipality, within 90 days of receipt of the proposed amendment.
163 Response to Proposed Amendment. Each recipient municipality shall respond to
. proposed amendment within 60 days of receipt from the Committee. If no response is
Page # 13
received from a municipality within the 60 period, it will be deemed as a rejection of the
amendment.
16.4 No Mutual Agreement. Should the municipalities not mutually agree to proceed to
amend the Joint Powers.
k
JOINT MUNICIPAL POLICE DEPARTMENT CONTRACT
CITIES OF LEXINGTON AND CIRCLE PINES, MINNESOTA
This contract is entered into this day of
1975, by and between the City of Circle Pines,
hereinafter referred to as "Circle Pines," and the City of
Lexington, hereinafter referred to as "Lexington," both
municipal corporations located in the County of Anoka, State
of Minnesota.
WHEREAS, Circle Pines and Lexington desire to
establish, equip and operate a joint municipal police depart
ment to protect, safeguard and furnish police protection for
their citizens pursuant to Minnesota Statutes Section 436.06,
and
WHEREAS, the parties hereto desire to establish a
Board of Police Commissioners pursuant to the authority of
Minnesota Statutes Section 436.06, Subd. 2, hereinafter referred
to as the " Commission" to control and supervise the adminis-
tration of the joint police department.
NOW, THEREFORE, IT IS HEREBY AGREED as follows:
1. The parties agree that there shall be established
a Commission consisting of five (5) members to be selected as
follows:
(a) TVo commissioners to be selected by the City
Council of Circle Pines according to the procedure whit: the
Council shall determine.
(b) Two commissioners to be selectee, by the City
Council of Lexington according to the procedure which the
Council shall determine.
(c) Of the four commissioners selected pursuant to
subsections (a) and (b) above, one commissioner selected by
each City Council shall be designated to serve a term of two
years and the other commission`'- shall be designated to serve
a term of four years. Upon expiration of the two year terms,
successors to those commissioners shall be appointed for terms
of four years.
(d) The fifth commissioner shall be selected by
mutual agreement of both city councils to serve an initial term of
three years. Upon expiration of the three year term, the fifth
commissioner shall be appointed for a term of two years.
(e) The city councils shall select commissioners
under subsections (a) and (b) within thirty days after execution
of this agreement. The fifth commissioner shall be selected
within sixty days after execution of this agreement.
(f) Vacancies in commission membership shall be
filled within thirty days.
2. The Commission shall be governed by the follow-
ing rules; )i
.- (a) The commissioner elected by mutual agreement
of both city councils shall be designated as the chairman,
and shall preside at all meetings of the Commission.
(b) Regular meetings shall be scheduled by the
Commission and shall be held at either of the parties' city
halls and s.,,, �,. se open to the public. Regular meetings shall
be held at least once per month at a time to be determined by
the Commission.
(c) The chairman snail have the power to call
special meetings of the Commission by giving written or actual
notice twenty - four hours in advance of the meeting to each
commissioner and to the Mayor of each city. Said notice shall
contain the date, time, place and purpose of the special meet-
ing. The chairman shall also call a special meeting if requested
to do so by two or more commissioners or if requested to do so
by resolution of either city council.
(d) A majority vote of all commissioners present
2 -
shall be required in order to transact any business, A quorum
for the transaction of business shall consist of any three
commissioners provided that at least one commissioner is present
who has been selected by each city, Commission meetings
shall be governed by Roberts Rules of Parliamentary Procedure,
except insofar as the Commission shall provide, The Commission,
at its first meeting, shall select a vice chairman from among
its members who shall have all the powers and duties of the
chairman in his absence.
(e) The Commission shall select a secretary and
treasurer who may or may not be members of the Commission
and prescribe their duties and compensation.
(f) Each commissioner shall be compensated at
�+ the rate of $25.00 per month plus reimbursement for expenses
incurred in the performance of his services, provided, how-
ever, that nothing contained herein shall limit the power of
t':_ Commission to pay other reasonable expenses of Commission
oo °rations.
(g) The address of the Commission shall be the city
hall of either Lexington or Circle Pines as designated by the
^ ^ 3. The powers and duties of the Commission shall be
as follows:
(ai It shall be the r- sponsibility of the Commission
to control and to supervise the administration of the joint
police department. The Commission shall have the power to
appoint, promote, suspend and remove officers and employees
of the joint police department as hereinafter provided.
(b) It shall be the duty of the Commission to appoint
a chief of police who shall discharge the customary duties of
3 _
a chief of police. The appointment of the Chief of Police
shall be subject to approval of the City Councils of both
cities.
(c) In exercising its powers under this section,
the Commission shall be governed by the rules and regulations
known as "Rules and Regulations - Joint Municipal Police
Department," which rules and regulations shall be approved
by each City Council and a copy of which, as approved, shall
be attached to this Agreement. Amendments to the rules may be
enacted by both City Councils acting separately and shall
become a part of the rules upon receipt by the chairman of
the Commission of certification of enactment from both City
Councils.
4. Financing.
(a) The entire cost of the joint police department
shall be borne by the respective cities and shall be assessed
..r. proportionate per capita basis with each city to pav its
.h -r- of the assessment according to its population.
(b) Initially, all equipment owned by either the
Circle Pines or Lexington police force shall be termed property
of the joint police force. The Commission shall appraise the
to determine the reiati-:e
value of this equipment " " - -'
of each of the two cities.
(c) The Commission shall present to the respective
City Councils its proposed budget for the first two months of
operation by August 1, 1975. Thereafter, annual budgets shall '
be presented prior to September 1 for the next ensuing year.
(d) The population figures upon which allocation
of the cost of the joint police department shall be based,
shall be those determined by the most recent Metro Council
Census. The present figures shall continue in use until
4
termination of this agreement or until the calendar year
following the next Metro Council Census. The present population
of the respective communities according to the 1974 census
is as follows: Circle Pines - 4,114; Lexington - 2,312.
(e) Revenues from fines for criminal violations
shall belong to the city prosecuting the violation.
(f) The Commission shall make a financial account- �y
ing and report to the cities on or before April 1st of each
year and all of its books, reports and records shall be opened
to examination by the municipalities at all reasonable times.
(g) The Commission may collect and receive money
from the municipalities which are parties to this agreement.
The Commission may incur expenses and make expenditures
necessary and incidental to the effectuation of the purposes
of this agreement. Orders, checks and drafts shall be signed
I,- -.= chairman and treasurer. All other legal instruments
eha be executed on behalf of the Commission by the chairman
a-.d secretary.
5. Amendment. This agreement may be amended at any
time by a resolution of the city councils of both cities.
6. Duration. This agreement shall be in force and
effect until December 31, 1976, and shall continue in full force
and effect on a yearly basis thereafter, provided, however,
that either party may terminate this agreement by givina the
other party one hundred twenty (120) days written notice prior
to the end of the year of its intention to terminate. In
addition, this agreement may be terminated and the joint police
department dissolved at any time by mutual agreement of the
City Councils.
7. In the event of dissolution of the joint police
force, all assets of the joint police force shall be distributed
to each city in proportion to the payments made by each. In
the event that the division of assets in kind is not possible,
5
said assets shall be sold and the proceeds thereof, together
with money on hand after payment of obligations, shall be
distributed to each city in proportion to the payments made by
each.
8. Police Officers.
All persons employed as police officers in the joint
municipal police department shall not be dismissed, discharged
or suspended except for cause upon written charges and after
an opportunity to be heard in their own defense, but the rank
and grade of such officers and of any officers who automatically
become officers in the joint municipal police department shall
be as determined by the Commission.
9. Arbitration Provision. whenever there is a dis-
agreement between said municipalities as to the meaninc or
application of any of the terms herein, or as to the respective
rights, powers, duties and obligations of the municipalities,
=nd the disagreement cannot be amicably resolved, either
municipality may then submit the matters in dispute to a board
of arbitration created pursuant to the provisions of Minnesota
Statutes, Chapter 572, and the disagreement shall be arbitrated
in accordance therewith.
IN WITNESS WHFREOF, the narties hereto have caused
this instrument to be executed by their respective mayors and
clerks, and their corporate seals to be affixed hereto, the
day and year first above written, all by authorit of their
respective City Councils.
CITY OF CIRCLE PINES
Zn esence Of:
Mayor
Attest:
Clerk
6 _
CITY OF LEXINGTON
In Presence of:
i
Mayor
AEtes t:
i
Clerk
7
AMENDMENT TO JOINT MUNICIPAL
POLICE DEPARTMENT CONTRACT
CITIES OF LEXINGTON AND CIRCLE PINES, MINNESOTA
This Amendment is entered into as of the 27th day of November,
1990, by and between the City of Circle Pines, hereinafter referred
to as "Circle Pines," and the City of Lexington, hereinafter
referred to as "Lexington," both municipal corporations located in
the County of Anoka, State of Minnesota.
WHEREAS, Circle Pines and Lexington are the parties to a June
5, 1975 contract entitled, "JOINT MUNICIPAL POLICE DEPARTMENT
CONTRACT, CITIES OF LEXINGTON AND CIRCLE PINES, MINNESOTA," (the
Contract); and
WHEREAS, the parties desire to amend the Contract as set forth
herein.
NOW, THEREFORE, it is hereby agreed as follows:
1. The second full paragraph on the first page of the
Contract reads as follows:
WHEREAS, Circle Pines and Lexington desire to
establish, equip and operate a joint municipal
police department to protect, safeguard and
furnish police protection for their citizens
pursuant to Minnesota Statutes Section 436.06.
The above paragraph is hereby deleted from the Contract and is
replaced with the following:
WHEREAS, pursuant to Minnesota Statutes
Section 436.06, Circle Pines and Lexington
desire to establish, equip and operate a joint
municipal police department to protect,
safeguard and furnish police protection for
their citizens, and to the citizens of other
cities or towns pursuant to contracts approved
by bath Lexington and Circle Pines.
1
/ 2. The following provision is hereby added to the Contract
as Paragraph 10:
10. Service Contracts. Circle Pines and Lexington reserve
the right to require the joint police department created hereby to
render services to other cities and towns pursuant to police
service contracts entered into pursuant to Minnesota Statutes
Sections 436.05 and 471.59. Any such police service contract must
be approved by the city councils of both Circle Pines and
Lexington, and shall not be subject to review by the board of
police commissioners established hereby.
IN WITNESS WHEREOF, the parties hereto have caused this
instrument to be executed by their respective mayors and clerks,
and corporate seals to be affixed hereto, as of the day and year
first above written, all by auth rity of their respective city
councils.
CITY OF CIRCLE PINES
,
Mayor
7's t :
,z1erk
CITY OF LEXINGTON
Mayor
Attest:
Clerk
2
CENTERVILLE ECONOMIC DEVELOPMENT CUMMICTEE
REGULAR MEETING MINUTES
TUESDAY February 17, 19511
Pursuant to due call and notice thereof, the Centerville Economic
Development Committee held their regular scheduled meeting on
February 17, 1998. Chairperson Tim Rehbine called the meeting to
order at 7:01 P.M. Present: Mary Capra, Dan Tourville, - I neresa
Brenner, Jim March, John Magill, Paul Montain (7:35
Approval of January 1998 Minutes
Motion by John Magill to approve the January 1990 meeting minutes
with the change of removing Paul Nontain from showing as absent,
second by Dan Tourville. All in favor.
Downtown Revitalization
Theresa Brenner stated that the application ham been delivered to
the PIN Design 'beam. She stated that Centerville was the only
application they had received requesting a tall visit. :'hey veil
be reviewing the application and will call in March to set a
screening time.
Star City Uoals L Objectives
Welcome Neighbor Program
The committee decided to start with getting the molders uack
together with one residential inlormation in them. 1ney would
need to talk with the new acting police cniei tar the okay to
continue using the police department for nelivery of the packets.
New letters from the church and mayor snould also be written.
John hagill will start working on this tar the narcn meeting.
Business Directory
Theresa Brenner stated that a new form had been drafted for
businesses to complete and is currently working on the update.
Business Appreciation Dinner
Theresa Brenner suggested we start planning the business
Appreciation Dinner if it going to be held in May. we will put it
on next months agenda.
Street Banners
Jim March questioned whether LUC would be the committee to
consider purchasing of street banners for the City. it a group
could be formed to do fund raising for this pro)ect, it would he
more approachable. The committee decided to keep the idea in
mind.
Jim March also suggested to the committee about putting something
in the newsletter to try to get together some type dt garoening
club that could take care of some flower beds within the city.
Mn Historical Society
Mary Capra stated Bob Thein is willing to donate all nts
negatives to the City. 'Things have been on hold for the last
couple of months.
MUSA /Comp Plan/City Water /Lino Interconnect
Jim March had talked with Lean Johnson and he would like to nave
a joint meeting with all committees for feedback on zonino
issues. The work that is proposed to be done an the Lamp rlan
will be paid for by grant monies received from Piet council.
Tim Rehbine felt we need to come up with a definition sor mire❑
use zoning and ideas for the area that would be involved. tie
suggested the area that should be included in this type os zoning
include all of the no it lots of the downtown area, east on Lo.
Rd. 14 to the city line and west on Co. ho. 14 to the lake. ine
area should include 1bVIJ it on either side of Cu. Rd. 14. and z:e
zoned for zero lot lines. by zoninq this area mired use it Wouid
protect the current homeowners so they would have the ability to
sell their homes as residential properties if they choose to.
Motion made by Tim Rehbine to recommend to Planning & Loninq,
Park L Recreation, and laity_ Council to use Lean Johnson for
changes to the downtown zoning issues. Second by Paul Montair..
Ail in favor.
Jim March stated they are continuing to work with Lino Lakes on
the joint powers agreement for the Lino interconnect, and that
the construction has been started on the convenience store in
Lino Lakes.
Senior Housing Update
They are starting to shee *_ruck the units and mould be ready far
June occupancy.
Studebaker Fire Truck
Dan Tourville talked to Mien Peterson, Mn Firelighters museum, in
which he stated they are a non - profit organization, nut tr.ey
don't really get into the restoration of fire trucks unless it
would be very profitable for them to nave restored. They co inure
of the maintenance. They are interestee in the lire tiuci:
because it has a front mounted pump unit. We woula need to d,&it
some type of agreement with them before they would consider it.
it we want to donate it to them they would accept it. Lan
Tourville and John Magill did not feel this was the riaht
organization Ior the city. They would rather see the lire truck
restored.
Adjourn
Motion by Paul Montain to adjourn the meeting at 8:45 P.M.,
second by Mary Capra. Ali in Favor.
Respectiully Submitted,
I nell Westbrock
Deputy Clerk