HomeMy WebLinkAbout2003-12-10 CC Packet
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IX. OLD BUSINESS
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CITY COUNCIL MEETING
Wednesday, December 10,2003
6:30 P.M.
CALL TO ORDER
1. RoD Call
APPROVAL OF AGENDA v'~-,;P~
APPROVAL OF COUNCIL MINUTES -'l~~
1. December 1, 2003 CouneD Meeting Minutes
CONSENT AGENDA V~ /i~
City of CentervUle December 2, 2003 through December 10, 2003 Oaims
Centennial Fire District Claims
Acceptance of Resignation of Mr. Ken Cook, BuDding Inspector
Successful Performance Review and Completion of Year 2,
ReceptionistlSeeretary
Centennial Lakes PoUce Department Request for Funds from Spring Lake
Park lion's for a Trame Trailer
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A WARDSIPRESENTATIONS/APPEARANCES
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X. ANNOUNCEMENTSIUPDATES
~ Capital Proj_ (Update) - (Capra)
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XI. ADJOURNMENT V~ ~
CITY OF CENTERVILLE
CITY COUNCIL MEETING
DECEMBER 1, 2003
6:30 p.m..
Pmsuant to due call and notice thereof, the City of Centerville held their regularly scheduled
meeting on December 1, 2003, at City Hall, 1880 Main Street.
PRESENT:
Mayor Terry Sweeney
Council Member Lee
Council Member Paar
Counc~l Member Broussard Vict.'...!.'..!...". ,.,rs
CouncIl Member C 0,,',j
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ABSENT:
STAFF:
City Administrator Ms. Moore-Sykes
City Attorney Mr. Hoeft
I. CALL TO ORDER
Mayor Sweeney called the December 1, 2003, City Council meeting to order at 6:35 p.m.
n. SET AGENDA
Mayor Sweeney indicated that Awards would be heard first.
Motion bv Council Member CaDra. seconded bv Council Member Paar to aDD rove
the ae:enda as amended. All in favor. Motion carried unanimouslv.
ID. APPROVAL OF COUNCIL MINUTES
1. November 6. 2003 Council Work Session Meeting Minutes
Motion bv Council Member Broussard Vickers. seconded bv Council Member Paar.
to aDDrove the Minutes of November 6. 2003 as Presented. All in favor. Motion
carried unanimouslv.
2. November 12. 2003 Council Meeting Minutes
Mayor Sweeney requested the following changes: On Page 5, last paragraph, last
sentence change offsetting to offset. On Page 9 correct spelling of Drilling. On Page 12
change is to if.
Page 1 of 19
Council Member Lee requested the following changes: On Page 9, second sentence
insert the word "pay" to clarify. On Page 10, third paragraph change will to "may".
Motion by Council Member Paar. seconded by Council Member Broussard Vickers
to approve the November 12. 2003 Council Meetinl! Minutes as amended. All in
favor. Motion carried unanimously. _
IV. CONSENT AGENDA
1. The City ofCenterville November 13,2003 through December 1,2003 Claims for
Approval
2. Centennial Fire District Claims
3. Acceptance of Resignation of Mr. Mike Harris from the Economic Development
Committee (EDC)
4. Approval of Funds for Business Directory (EDC)
Motion by Council Member Lee. seconded bv Council Member Paar to approve the
Consent Al!enda as presented. All in favor. Motion carried unanimously.
V. A W ARDSIPRESENTATIONS/APPEARANCES
1. Water Fluoridation Reporting SYStems Award to Public Works
Ms. Moore-Sykes indicated that through the hard work and efforts of the Public Works
maintenance team they were awarded the 2002 Water Fluoridation Reporting Systems
Award. She then congratulated them on ajob well done.
2. Lifetime Achievement Award - Chauncey Barett
Council Member Capra read a synopsis of the information she had obtained while doing
the interviewing for the award.
Mayor Sweeney presented Mrs. Barett with the award on behalf of her late husband.
Council Member Capra indicated that a photo of Mr. Barett would be placed in City Hall.
She then thanked family members for the sacrifices they made to allow Mr. Barett to
volunteer. .
Mrs. Barett thanked everyone who participated in the award and the family for coming.
VI. PUBLIC HEARING(S)
1. Truth-in- Taxation (Proposed 2004 Budget)
Mayor Sweeney opened the public hearing at 7:25 p.m.
Page 2 of 19
Mr. Rick Box representing R & R Leasing addressed Council concerning the valuations
for their property.
City Attorney Hoeft advised him that valuations are handled by the County not the City.
Ms. Paulseth indicated that he would have needed to come to the Board of Review
meeting in the Spring to contest a valuation.
City Attorney Hoeft advised him that he could contact an attorney and contest the
valuation through the court system until March 31, 2004. He then recommended
discussing the matter with his boss and seeking legal counsel.
Council Member Capra indicated that the budget figures were offby $1.00.
Ms. Paulseth indicated that Staff was estimating based on state information and was off
by $1.00 on the estimate of State Aid that the City would be losing.
Ms. Paulseth indicated the tax levy was increased by 3.96% over last year to cover a
portion of lost State Aid. She then noted that there was no tax levy increase last year so
that 3.96% covers two years.
Council Member Capra.asked for information on the amount of the 4Lcrease to residents.
Council Member Paar indicated his went down.
Council Member Capra indicated hers went up.
Ms. Paulseth explained that the city tax rate went down so if a property valuation stayed
the same the resident would actually see an 8.7% decrease but it is hard to predict
because of the differences in valuation. She then said that having the tax rate go down
8% is good.
Motion bv Council Member Capra. seconded bv Council Member Lee to close the
public bearin!!. All in favor. Motion carried unanimouslv.
Mayor Sweeney closed the public hearing at 7:35 p.m.
2. . Special Assessments - Peltier Preserve 2003 Certification to 2004 Prollertv Taxes
(Resolution #03-062)
Ms. Moore-Sykes indicated that the Finance Director had looked into the history of the
$50,000 for Lakeland Hills and has determined that the developer still owes the City
$53,947.86.
Council Member Capra indicated the $50,000 was in addition to the costs outstanding to
the City.
Page 3 of 19
Ms. Paulseth indicated the $50,000 in question was for oversizing and looping and was
paid by a check and it is the other developer's costs that were not paid in excess of
$50,000 and they were billed.
Council Member Capra indicated that she feels that if the $50,000 was paid for the
looping she would like to include the remaining amounts left over after subtracting out
what was used at the Shores on the Peltier Preserve project.
Ms. Paulseth indicated the $50,000 was to be used for the City's portion of costs for
looping. The City made an agreement with the developer to loop water a different way
and the funds were for the cost of what it would cost to go across the creek to mitigate
extra costs for the City and there was never a mention of the money going to benefit
residents.
Council Member Capra indicated there was a motion in March of this year to utilize any
remaining funds for this project.
Ms. Paulseth indicated that Staffhas been reviewing minutes but there are about 20 pages
that make reference to this and she was just given them today and would need to further
research it.
Council Member Broussard Vickers indicated she had asked for the information to
determine how much was left of the $50,000 for looping to be first applied to the City's
costs on this proj ect in order to determine whether the amounts to the residents were
going to change.
Council Member Capra indicated that she feels. the developer's costs are more bills due
the City that the developer did not pay and she does not feel it is fair to take the costs for
looping out of those costs to offset what the City needs to collect.
Council Member Broussard Vickers indicated she needed that number and when she has
that she would be willing to apply the balance to the rest of the project but wants to pay
the City's portion and take out what was applied to The Shores.
Ms. Paulseth indicated that no oversizing has been transferred to The Shores fund yet
because that developer did his own engineering and the project is not final.
Ms. Paulseth commented that in every document that the City has it states that the funds
were for the City's trunk costs and there is no evidence that it was to benefit the residents.
City Attorney Hoeft indicated that the agreement that references the $50,000 was
between the developer and the City and residents were not third party beneficiaries to that
agreement. It was a benefit to the City for a particular project to benefit the water
system. He then agreed with Ms. Paulseth that the City has no obligation to offset the
assessment by any dollar amount but can choose to do so.
Page 4 of 19
Council Member Lee asked whether doing so would create a precedent for the future.
City Attorney Hoeft indicated the precedence would be very limited because this is a
specific instance where the $50,000 was to be specifically allocated to better the water
system.
Council Member Broussard Vickers indicated that the funds were for the City for
improving the water system to the benefit of all residents. She then commented that this
would be a departure from the norm of applying the funds to City costs. She further
commented that she struggles with whether it is appropriate to benefit 20 odd people
versus having that sum being applied to the system that affects all residents with water in
the City.
Council Member Capra indicated that she believes that whatever is left over should
benefit and offset the costs of those residents because the City did not have to run water
that way.
Council Member Broussard Vickers indicated the purpose of extending the water was to
loop and that benefits the entire City.
Ms. Paulseth indicated it would be hard to determine whether there is any money left
over when figuring in all of the City's costs.
Council Member Lee asked if there would be any further looping that would benefit
Lakeland Hills.
Mayor Sweeney indicated that if the documentation indicates the funds were to benefit
Lakeland Hills to loop the water system then the funds should be used to offset the City's
costs for doing so.
Council Member Broussard Vickers indicated that any looping of the system benefits all
residents equally.
Council Member Paar indicated that if the documentation states the funds were to benefit
the City to assist with the costs for looping then he does not think it should go to offset
assessments to the residents. He further commented that this could set up future Councils
for claims to reduce other residents' assessments.
Council Member Capra indicated that she has not had a chance to research the matter and
if there were an excess over and above, she would like to use it to offset the costs to the
residents.
Mr. Tim Schweppe, 7249 Centerville Road, indicated he has spoken to the developer
from Lakeland Hills as well as Mr. Wilharber and the recollection is that the funds were
to benefit the residents when water was looped to Lakeland Hills. He then said that
Page 5 ofl9
residents did not need water as they have wells and the residents are now being penalized
because the City needed to loop its water system.
Council Member Broussard Vickers indicated that everyone down Centerville Road had
wells and said the same thing. The City pushes as much of the costs as possible onto the
developer but those residents still had to pay assessments for City water.
Mayor Sweeney indicated there may be a benefit on homeowners insurance for having
City water.
Mr. Schweppe asked the City to research through the minutes to find further information
on the discussions concerning the Lakeland Hills project. He then said that the only
reason water was brought down this street was because of the development and they will
have to pay extra for directional drilling.
Council Member Lee indicated that residents actually saved money because the
developer paid a lot of the expense.
Mr. Schweppe indicated that residents were forced prematurely to get City water when
they already have wells.
Council Member Broussard Vickers asked whether anyone hooked up.
Ms. Moore-Sykes indicated there were some that were interested but the developer
decided not to do the private hook ups.
Council Member Lee indicated that $4,200 is not a lot of money for the assurance of safe
City water especially since the costs to redrill a well can far exceed that. He also
indicated that having City services increases the value of the property.
Mr. Don Simonson, 7263 Centerville Road, indicated he had obtained a quote for a new
well and was told it would cost approximately $3,500. He then said that a few residents
are paying for the rest of the residents to have the benefit of looping. He further
commented that this is costing nearly double what it would have cost if the City waited
until the road was redone rather than directionally drilling.
Council Member Capra asked Staff to check the minutes for the motion concerning the
funds that was made earlier in the year.
Motionbv Council Member Broussard Vickers. seconded bv Council Member Lee
to close the public hearinl!. All in favor. Motion carried,unanimouslv.
Mayor Sweeney closed the public hearing at 7:20 p.m.
Motionbv Council Member Lee. seconded bv Council Member Paartoapprove
Resolution #03-062 as presented.
Page 6 of 19
Council Member Capra indicated she could not vote to approve this until she has more
information and research for clarification of the $50,000.
VOTE: Ayes - 4. Nays -l(Capra). Motion carried.
VB. NEW BUSINESS
1. Resolution #03-065 - Peltier Preserve Utilities Oversizine: Credit
Motion by Councll Member. Broussard Vickers. seconded bv Councll Member
Capra to approve Resolution #03-065 as presented. AU in favor. Motion carried
unanimously.
2. Hockey Rink Attendant
Ms. Moore-Sykes indicated that Public Works had asked whether Council desires to have
a hockey rink attendant this year.
Council discussed the matter and directed Staff to proceed with the hiring of a hockey
rink attendant.
vm. . OLD BUSINESS
1. Jackson Commercial - Flood Plain Desie:nation/Developer's AlZreementIFinal
Plat
Mr. Paul Keheler, Jackson Commercial, LLC addressed Council and indicated he is
working with Rice Creek Watershed District on the possibility of reducing the flood plain
designation in the area of his development.
Council Member Broussard Vickers asked whether Rice Creek has the authority to
reduce the flood plain.
Mr. Keheler indicated that Federal Emergency Management Agency (FEMA) has the
ultimate authority but has delegated authority to the local governing body for final
approval by FEMA.
Council Member Capra asked whether this would affect the NPDES.
Ms. Moore-Sykes indicated it overlaps for storm water but the established ponding
should be appropriate.
Council Member Capra asked that the City Engineer be kept apprised of what is going on
as well as the NPDES officials.
Page 7 of19
Council Member Capra asked whether reduction of the performance bond would be
approved by Council.
City Attorney Hoeft indicated that Mr. Peterson would make a recommendation to
Council for approval.
Council Member Capra indicated she is concerned that enough funds be held for Phase I
to cover any issues that arise during the construction of Phase TI.
City Attorney Hoeft indicated that Staffwould handle it.
Motion bv Council Member Broussard Vickers. seconded bv Council Member Lee
to approve the development contract with Jackson CommerciaL LLC.
Mr. Mike Carter, 6913 Sumac Court, indicated that he would be concerned with changing
the ponds behind his home.
Council Member Broussard Vickers explained that no physical work would be done on
the ponds, but the developer is working to remove a flood plain designation.
Mayor Sweeney indicated that this project should not affect that ponds.
VOTE: All in favor. Motion carried unanimously.
2. Jackson Commercial- Input Meeting
Ms. Moore-Sykes indicated this item was placed on the agenda to gather input from the
community concerning the proposed residential townhome development and was noticed
in the paper. .
Mr. Brian Hanson, 1950 Center Street, indicated that he has lived in this area for seven
(7) years and has seen various proposals come and go for this property. He then said that
he has spoken to other residents in the area and they are in favor of the townhomes
because there are other things that would be allowed that would be more of an impact to
them.
Mr. Hanson asked Council to carefully consider rezoning the property because the area
residents prefer townhomes to commercial. He then said that the residents were asked
what they would like to see and they answered townhomes. This proposal fits what
people in the area would like and would be a nice buffer between residential and the
industrial property.
Mr. Hanson indicated that. supporting this development brings more. tax . money to the
City a lot sooner than it would happen on its own. He further stated that the City.coWd
sit on the property as it is and never have a development of this caliber come in.
Page 8 of 19
Mr. Hanson commented that this area is not really conducive to commercial development
and, due to the traffic patterns within the City, Main Street would be what he sees as
increasing in commercial development.
Mr. Murray Wilke, 1809 Center Street, indicated that it is his understanding that TIP is to
be used as an incentive to promote commercial development not for residential. He then
said that there is a housing boom in town so there does not seem to be a need to assist
with residential development and he does not think: it is fair to give public incentive for
residential development.
Mr. Wilke indicated he read through the minutes and saw an argument saying that
residential provides as much tax benefit as commercial but he questions the social cost of
having residential such as the burden on schools, police and fire. He then said that
commercial provides a benefit through services to the community as well as the
opportunity for jobs.
Mr. Wilke indicated he did not have an issue with rezoning the property or doing the TIP
but he does not feel that the TIP should be given with a residential rezoning because it
gives an unfair advantage to the developer.
Mayor Sweeney clarified that the reason for the TIP is not to make a residential TIP
district. The reason for TIP is because there are soil corrections that need to be made as
well as several substandard buildings that need to be demolished so the extra costs price
the development out of the market. He further commented that the reason for the TIP
was for redevelopment and there is the possibility of extending the district to part of the .
industrial park to bring in commercial. Other things that were discussed were taking
additional mixed use and rezoning to commercial along Main Street. He then said that he
feels that the traffic to support commercial is along Main Street and north.
Mayor Sweeney commented that with the developments coming to Columbq.s Township
that is going to pull traffic to the north and away from the south. He then said that
Centerville does not impact the school district in the way that Lino does and he has had
discussions with the police that these types of townhomes typically do not generate any
additional burden and they would actually prefer this type of development to another
club.
Council Member Capra indicated she disagreed. She then said that she supports Mr.
Wilke and asked why this was posted as a public hearing for the residential townhomes.
Ms. Moore-Sykes indicated that this was noticed as a public information meeting.
Council Member Capra indicated that Council does not have the votes to change the
Comprehensive Plan and asked why this is moving forward.
Page 90f19
Mayor Sweeney indicated that this was not set as a public hearing, it was an opportunity
for public input concerning the proposal.
Council Member Capra said that she felt the Mayor was stepping over his authority by
directing Staff to run an ad and spending money for notices. She further commented that
a motion is needed by Council to expend funds for notices and that was not done.
City Attorney Hoeft indicated that based on the discussions at the prior Council meeting,
Staff took the direction to schedule a public input meeting. He then said that the costs for
posting the public information meeting were within the spending limit of the City
Administrator.
Council Member Lee indicated he feels it is important to hear what the public has to say
on this matter so that he knows how the residents want him to represent them.
Ms. Moore-Sykes indicated there have been other residential TIP projects done within the
City of Centerville in the past.
Council Member Capra indicated she wanted to finish the hearing and take a vote on the
Comprehensive Plan.
City Attomey Hoeft indicated that this is a discussion item and there has been no request
to amend the Comprehensive Plan.
Mr. Wilke indicated that the homes being added to Lino Lakes would begin paying taxes
immediately but those within the TIP district would not be.
Ms. Moore-Sykes clarified that schools are now funded by the state so TIP does not
impact them the way it used to.
City Attorney Hoeft indicated that a significant amount of funding of the schools is
through the state. He then clarified that in order for a TIP district to be created there has
to be some specific findings made as far as referencing the finding of substandard
buildings and it also has to pass the "but for" test and that is that "but for" the TIP
financing the development would not occur. He further commented that no additional
taxes would be generated for the life of the TIP district for the school district but the idea
is that the TIP financing ensures the City of increased taxes at the end of the life of the
district.
Council Member Broussard Vickers commented that development usually brings more
development and it is her hopeihat taking out the unattractive buildings and redeveloping
the area would then cause the other properties in the area to develop further increasing
the taxes for the City. She then said that she does not think that the City would, in the
near future, have all eight (8) parcels develop. Possibly one or two parcels but not all
eight (8) at one time.
Page 10 of 19
Council Member Capra indicated she is opposed to this project because she does not want
to give TIF for any portion of residential even if there is commercial involved. She said
she is not opposed to a district if it is completely commercial. She then said that she
disagreed with the fact that if you build it they will come because the townhomes on 20th
were rezoned for res~dential and development never came. She further commented that
her concern with public service costs is more the per capita for police and fire and there
are more public service costs with increased residential.
Council Member Capra indicated that she would not be changing her mind and asked
whether Council Member Paar had reconsidered his position on the matter.
Council Member Paar indicated he was not sure why this is on the agenda and he did not
know anything about the public input meeting. He then said he received five phone calls,
10 emails and two letters saying that they supported his decision and that they were glad
to see he stuck to what he said he would do. He further commented that he has no
information on the actual costs for the soil corrections and removal of the buildings so he
is not sure that those costs spread over a $25,000,000 project amount to enough to
warrant TIP financing.
Council Member Capra indicated she had seen an amount of $1,500,000 for soil
corrections but she spoke to two people in the excavating business who felt the estimate
was high.
Mayor Sweeney indicated that the developer would need to purchase the land with the
buildings and then pay to demolish them so there are substantially more costs involved
than if the developer were to purchase open land.
Council Member Broussard Vickers indicated that only very few people have been heard
from and the majority either do not care or feel it is not important enough to make their
opinion known. She then said that she would like to hear from a lot more people before
she makes the final decision.
Mr. Hanson indicated that most people do not care until something impacts them directly
by being built "in their backyard". He then said that the residents that this most affects
are those that live adjacent to it and those residents have said they are in favor of the
townhomes. He then asked that Council keep an open mind and take the thoughts and
suggestions under consideration and look at the whole picture of how this could benefit
the City not just now, but in future years.
Mr. Keheler indicated that this is a fairly complex development and, if done correctly,
can be a win win situation for th~ developer and the City. He then said that this
development would foster development within other parts of the City and a portion of the
TIP funds captured go back to the City to be used to improve infrastructure items such as
trails and the water tower.
Page 11 of 19
Council Member Capra indicated that she spoke to the representative from White Bear
Township and they did TIF in an effort to spur industrial growth. Council Member Capra
indicated that there is a senior housing complex that was rezoned and TIF was offered.
She then said that she spoke to the Mayor of Spring Lake Park and a council member
from Blaine who have said that with interest rates the way they are, the City should only
do a TIF district for commercial and not for residential because the benents are-really
high and worth the costs to do residential development.
Council Member Broussard Vickers indicated she respected the decisions for those
people in their City but does not feel that it is appropriate to apply those decisions to this
City.
CounclI Member Capra indicated she has done research and made calls to look into the
proposal and she believes she is the only one who did the research before making her
decision. She also commented that she has gotten emails on the matter.
Mayor Sweeney indicated that he would like to see the City consider rezoning the
properties along County Road 14 after the street is widened. He then said that he feels
the road will come through because of the costs associated with going around and the
environmental concerns with the heron rookery. He further commented that it makes
sense to rezone Main Street to commercial to revitalize downtown.
Mayor Sweeney commented that taking land from the proposed area out of commercial
and rezoning it to residential is not as big of an impact should the City rezone parcels on
Main Street to commercial. He further commented that he feels Main Street is the natural
area for commercial development.
Council Member Broussard Vickers indicated that she was looking for more people with
input.
Mr. Mike Carter, 6913 Sumac Court, indicated he has lived in the area since 1987 and
has seen things come and go. He then said that TIF concerned him at first until he
learned how it used and how it can benefit the City. He then said he would prefer to see
townhomes go in because that type of housing usually has less of an impact to the school
district than single-family homes do. He further commented that townhomes in the price
range of $250,000 should attract people who do not cause issues for the police
department.
Mr. Hanson suggested obtaining information on the impact of townhomes to the police
department.
Mr. Lloyd Drilling commented that this has been being discussed for weeks and he feels
sorry for everyone in this whole thing because there are two people on the Council who
flat out state they will not change their mind for any reaSon at. all. He then said that he
has been involved in enough deals in this town to know that when people in this town do
Page 12 of 19
not like something people show up at meetings and make sure Council knows they do not
like it but no one is here.
Mr. Drilling indicated that the City has the opportunity to take some blighted buildings
and marginal land and develop it and obtain funds to connect the trail system and that
will never happen without this development. The City also has the opportunity to get a
portion of the water tower paid for and redevelop downtown to spur commercial
development.
Mr. Drilling indicated that this rezoning makes sense as this property is not in an area that
is conducive to commercial development. He then said that for some reason everyone is
stubborn on this Council and two in particular who ran on information that commercial is
better for the town, but that has changed and he would like Council Members to keep an
open mind and listen to the public input before making decisions.
Mr. Drilling indicated that he thinks this town needs more residential base to support the
commercial. He then said that the commercial in this town is marginal, at best, and will
be that way for a long time. This City has issues with the land that other towns do not
have and he feels that if this developer wants to take this on and develop this property
into something that can really improve the City, he would think that is something that this
Council should have Oan open mind about.
Council Member Paar commented that this is something that would benefit the developer
and Mr. Drilling, a property owner.
Mr. Drilling indicated that, for him, this has nothing to do with the money, he lives in this
town and this is the best thing that is ever going to get done for this town.
Mr. Drilling indicated that all of Main Street used to be zoned commercial but it was
rezoned to residential because someone on Council owned property along it. He then
said it is time to straighten out the Comprehensive Plan to something that makes sense
with what is going on in the City. He further commented that the land is junk and not
easily developed.
Council Member Capra indicated she is open to considering commercial.
Mr. Drilling indicated that this is not a commercial area because it is not accessible and it
is not buildable and he wonders why the developers have even put this much effort into
the land.
Council Member Capra indicated that the developers will make a lot of money.
Mr. Drilling indicated he does not want to go on with these meetings ifhe does not hear
that Council Members have an open mind and will consider the information provided and
resident input. He further commented that he has not seen a lot of opposition.
Page 13 of 19
Council Member Capra indicated that residents usually do not get involved until
something changes such as when new developments go in and the trees are removed and
then it is too late. She then said that she has looked into this proposal.
Mr. Drilling asked whether she has looked at how the City can benefit by connecting the
trail and how good that would be for the City. He then said that the City really needed to
consider the TIF assistance because the land is marginal and in an area that will not bring
commercial development. He further CQmmented that he does not feel that this property
would ever develop if there were not assistance from the City.
Council Member Capra said that Mr. Drilling could not negate what she has done, she
was elected for her opinion and, on this, she disagrees with Mr. Drilling. She then said
that she respects all those involved and their opinions but she disagrees.
Mr. Carter suggested that Council consider the size of the City.
Council Member Capra indicated that the size of this City is why she chooses not to
rezone any commercial property to residential.
Council Member Lee indicated that the Comprehensive Plan needs to be regularly
amended as the City evolves because nobody knows for sure exactly how things will
happen.
Council Member Broussard Vickers indicated there is a process for review for the
Comprehensive Plan which means that it is meant to be amended as the City changes
over time.
Mayor Sweeney indicated that if people knew whei1 the Comprehensive Plan was drafted
that the County would have federal dollars in 2006 to widen County Road 14 they may
have done things differently.
Council Member Broussard Vickers indicated that people did not know that there was
going to be a change to bring the taxes paid by commercial and residential closer. She
then said that you can choose to keep commercial for other reasons but the reason of for
taxes only is no longer an issue.
Ms. Paulseth indicated that the City has the potential to use TIF income for the water
tower and other infrastructure projects which far outweigh any tax income that the parcel
would produce. She then said that she does not have a crystal ball but her sense of the
proposal is that financially the City would be in a better position.
Mr. Drilling asked where the opposition is.
Mr. Wilke indicated that from July up to last month this was commercial and then all of
the sudden there is this residential proposal. He then said that he feels this is public
incentive in an area that does not seem to need it for residential development. He then
Page 14 of 19
said that the minutes referenced land in Hugo costing $27,000 per acre and here it is
$45,000 to $55,000 and asked why.
Mayor Sweeney indicated that price was with the acquisition of the properties and the
tearing down of the substandard buildings and soil corrections. He then indicated that the
costs double the land cost to the developer and that puts the cost of the townhomes out of
reach.
Mr. Wilke indicated that this may be a great addition and asked Council to have an open
mind and do what is fair after reviewing all the facts.
Mayor Sweeney indicated he did not personally ask for this to be on tonight's agenda and
assumes that it is on the agenda because of the discussion at the last meeting. He then
said that if he heard from enough people that this was not a good idea for the City and
that they did not want it he would consider changing his mind. But, if it is the other way
around, and the majority of public input indicates this is a good idea for the City he
would continue to support it. He further commented that he would not say that he will
not change his mind because he does not agree with that and feels the information and
public input should be considered before a decision is made.
Council Member Broussard Vickers indicated that this does not move forward without a
formal application for rezoning and then it would go through the public hearing process
and bring in more resident input.
Council Member Broussard Vickers indicated she wanted to hear what people think
whether they think it is good or bad she wants to know why. She then said that
ultimately, her responsibility is not to vote for the greatest number of people her
responsibility is to vote for what is in the best interest of the City as a whole. She further
commented that there was a whole group of residents at the meeting earlier on an
assessment matter that feel they were voted against because Council voted on behalf of
the entire City.
Mayor Sweeney indicated he has an open mind and will listen to reason and will listen to
those that say do it or not do it before he makes his final decision.
Council Member Broussard Vickers suggested the Council separate the issues and
determine whether the property will be rezoned and then whether TIF would be
approved.
Council Member Capra commented that the developer would not come in without the
TIF.
Council Member Capra indicated that she has contacted people and done research and
made her decision off of the information she has. She then said that she is opposed to
rezoning to residential but would be open to listening to any comments on commercial.
Page 15 of19
Council Member Paar indicated that he did some research and made calls on his own
with the limited time he has. He then said that this whole proposal caught him off guard
when it was brought up at a meeting and he knew nothing of it. He further commented
that his opinion should not surprise people because he ran on a platform of residential
growth being out of control versus commercial growth and was elected because people
agreed with him.
Council Member Paar indicated that there are good things that could come from the
proposal but there is no way of being sure that there will not be TIP issues. He then said
he takes offense to the comments that two Council Members are too stubborn to change
their minds because he has changed his mind in the past on a decision he made without
all the facts. When he obtained the facts and found that he should have made a different
decision, he did that.
Council Member Paar indicated that he has received only emails and 'calls in support of
his decision and not one that said he made a bad decision. He then said that he is doing
what he feels. is best for the City and, if he is not representing the people how they want
to be represented, the next election could take care of that. He further commented that he
believes that the residential growth is outpacing the commercial and while TIF and
townhomes are not necessarily a bad thing he does not feel it is right for the City at this
time.
Council Member Paar indicated that he has done research and considered the proposal
but has not been provided with any additional information or facts that would make him
change his mind. He then said that he would listen to any additional information and
public comment and is open minded but has yet to hear anything that provides him with
facts to change his opinion.
Council Member Lee commented that things are different, actually being on the Council
than when running. He then asked that Council listen to the facts and consider the public
input and not make decisions based solely on campaign promises.
Council Member Paar indicated there are other issues with this proposal other than just
his campaign. He then said that townhomes have the potential to cause issues with
policing and he is concerned with using TIF for residential. He further commented that
there is a lot of play in the numbers being presented and he has not actually seen a true
estimate of costs to do the soil corrections and demolitions necessary so he does not have
those facts to consider.
Council Member Paar indicated that his decision is not based solely on what he
campaigned on but because he does not feel this is a good thing for the City.
Mr. Keheler indicated that it was not the intent of the developer to spring this on Council
and he apologized for not knowing how the process worked. He then said that he is more
than willing to sit down with Council individually or as a whole and provide more refined
figures and discuss the proposal further.
Page 16 of 19
COlmcil Member Paar indicated he is willing to listen to the information but what he has
is what he has made his decision on. He then said that he has put serving on Council as a
priority despite the fact that he has two (2) very young children and he takes his
responsibility seriously making sure to return phone calls and respond to emails as well
as do the research necessary to make appropriate decisions.
Council Member Broussard Vickers indicated that she does question the process of how
anyone comes to their decision or the decision they make, but she can try to influence it
but would not call into question motivation. She then said that everyone thinks they are
making the decision that is the best one for the City or they would not be here.
Council Member Paar indicated that if the public comes he would listen to what they
have to say.
Council Member Broussard Vickers indicated she would like the additional financial
information if there is a formal request for rezoning.
IX. ANNOUNCEMENTSIUPDATES
1. Canital Proiects
Council Member Capra indicated that it has been a year since the capital projects went
forward with litigation and she would like to see a close to them.
City Attorney Hoeft indicated that the first set of interrogatories have gone out and,
barring any unforeseen delay, the cases should go to trial in late 2004.
Council Member Capra asked how much all of this will cost.
Council Member Broussard Vickers indicated the City can collect its costs.
City Attorney Hoeft indicated it is possible to collect the costs but the court could elect to
award an amount that is less.
Council Member Capra asked how much has been collected.
Ms. Paulseth indicated she did not have the figures with her.
Council Member Lee indicated he would be uncomfortable with stopping at this point
because it sends a message that if you protest enough the City will stop.
City Attorney Hoeft indicated he could provide information on the cases through the City
Administrator. because of ongoing litigation it can not be placed in packets. . He also
indicat~ that his office is keeping track of the costs of the collection for clarification.
Page 17 of19
2. EDC Recommendation on Downtown Revitalization and County Road 14
Ms. Moore-Sykes indicated that the EDC is seeking the approval for use of Staff time to
research and write grants.
Council.-Member Capra clarified that Mr. Kraft was not part of the design team he was
part of the commercial corridor out by County Bank.
Council Member Broussard Vickers indicated that she thinks it is too preliminary to work
on grants when the City does not know what the County plans to do.
Ms. Moore-Sykes indicated that the County is reviewing bids and has asked the
Administrators to review and provide feedback and she is in the process of doing so.
Council Member Lee asked Staff to provide a summary of the plan for Council when the
review is done. He then agreed the City should be proactive in this project but the City
has no authority over what the County decides to do.
Council Member Broussard Vickers indicated she would like to table this request until
the City has a better idea of what the County's plans are. She then said that she has
concerns that individual members of the EDC not go forward representing themselves as
City officials making comments that are sanctioned by the City. She further commented
that if that happens, she would ask that they be removed from the EDC immediately.
Council Member Paar indicated that Mr. Bisek's main concern is that the City show the
County that the City wants the road coming through rather than going around.
Council Member Broussard Vickers indicated that Mr. Bisek may want the road to go
through but that may not be the vote that comes from this Council.
Council Member Capra indicated she told Mr. Bisek that the City is involved With the
County through the Tri-City group.
Ms. Moore-Sykes indicated there is a tri-city meeting on December 11, 2003.
Council recessed to closed session at 9:22 p.m.
X. EXECUTIVE SESSION
1. Union Contract Negotiations
2. Personnel Policy
Council reconvened the Council meeting at 10:22 p.m.
Motion by Colincil Member Lee. seconded bv. Council Member Broussard Vickers
to authorize the Mavor and City Administrator to execute the ruOE. Local 49
. Page 18 ofl9
contract for 2004. 2005 and 2006 if the contract al!reement is consistent with
executive session discussion.
VOTE: All in favor. Motion carried unanimously.
Motion bv Council Member Broussard Vickers. seconded bv Council Member Paar
to revise the City's Personnel Policy to convert the traditional schedule for sick and
vacation accrued leave to a Personal Time Off (PTO) accrual schedule: limitinl!
accrual to 22 days bv year-end: and desil!Datinl! 2004 as a !!race 'Period whereby
emDlovees with more than 22 days in accrued leave shall use the time or cash out
those hours to brinl! the balance to 22 days bv 12/31/2004.
VOTE: All in favor. Motion carried unanimously.
XI ADJOURNMENT
Motion by Council Member Broussard Vickers. seconded by Council Member Paar
to adiourn the December 1. 2003 City Council Meetinl! at 10:25 D.m. All in favor.
Motion carried unanimously.
Transcribed by:
Joan Lenzmeier, Recording Secretary
TimeSaver Off Site Secretarial, Inc.
Page 19 of 19
tervi{{e
Tstabfisliecf 1857
UPDATE
Ricelpts & DI,'.raiidilds
!J :: !; :: JIJ b :: f 5 ! JJt 11 !J::!;:: JIJ b :: f ' J D J 2 D D j
Receipts $950.95
Disbursements $19,149.62
CITY OF CENTERVILLE
Cash Receipts
DECEMBER 8 THROUGH DECEMBER 10, 2003
Tran Batch
Amount Date Refer Comments Name
FUND 101 GENERAL FUND
Act Type G
$0.50 12/1012003 o 6903 CENTERVlLLE RD - 121003
$1.50 12/1012003 o 7082 CENTERVlLLE RD - 121003
Ad $2.00
Act Type R
$25.00 12/812003 o 7094 PRAIRIE DR - 12-8-03
$0.52 12/812003 o COPIES 12-8-03
$276.40 12/1012003 o 7082 CENTERVlLLE RD - 121003
$50.00 12/1012003 o 6903 CENTERVlLLE RD - 121003
Ad $351.92
FUND $353.92
FUND 415 STORM WATER IMP PROJECTS
Act Type R
Ad
$17.48
$1.76
$9.27
$0.92
$29.43
FUND $29.43
FUND 601 WATER FUND
Act Type R
$188.50
$19.00
$0.01
$0.11
$64.91
$6.49
Ad $279.02
FUND $279.02
FUND 602 SEWER FUND
Act Type R
Ad
$17.24
$171.43
$90.83
$9.08
$288.58
FUND $288.58
$950.95
12/812003
12/812003
12/1012003
12/10/2003
o UB Receipt Serv 10 DRAIN 120803
o UB Receipt Serv Pen 10 120803
o UB ReceiptServ 10 DRAIN 12-10-03UT
o UB Receipt Serv Pen 10 12-10-03UT
121812003
12/812003
12/812003
12/812003
12/1012003
12/1012003
o UB Receipt Serv 1 WATER 120803
o UB Receipt Serv Pen 1 120803
o UB Receipt Serv Pen 30 120803
o UB Receipt Serv 30 WATER 120803
o UB Receipt Serv 1 WATER 12-10-03UT
o UB Receipt Serv Pen 1 12-10-03UT
12/812003
12/812003
12/1012003
12/1012003
o UB Receipt Serv Pen 6 120803
o UB Receipt Serv 6 SEWER 120803
o UB Receipt Serv 6 SEWER 12-10-03UT
o UB Receipt Serv Pen 6 12-10-03UT
CITY OF CENTERVILLE
*Check Summary Register@)
DECEMBER 2003
Name Check Date
Check Amt
10100 MAIN STREET BANK
Paid Chk# 018720 BARNA, GUZV & STEFFEN L TO 12/1012003
Paid Chk# 018721 BUSINESS FORMS & 12/10/2003
12/10/03 3:37 PM
Page 1
Account Oescr
G 101-24503 EIec. Permit Surcharge
G 101-24500 Bldg. Permit Surcharge
R 101-00000-32225 Electrical
R 101-00000-34105 Sale of Maps and
R 101-00000-32210 BuildinglMech.
R 101-00000-32225 Electrical
R 415-OQOO0-3235O Storm Water
R 415-00000-32350 Storm Water
R 415-OQOO0-3235O Storm Water
R 415-00000-32350 Storm Water
R 601-00000-37100 Water Sales
R 601-00000-37100 Water Sales
R 601-00000-34400 Safe Drinking
R 601-00000-34400 Safe Drinking
R 601-00000-37100 Water Sales
R 601-00000-37100 Water Sales
R 602-00000-37200 Sewer Sales
R 602-00000-37200 Sewer Sales
R 602-00000-37200 Sewer Sales
R 602-00000-37200 Sewer Sales
12/10/03 3:35 PM
Page 1
$4,856.50 PROSECUTION MATTER - SERV THRU
$143.24 W-2'S & 1099, ENVELOPES
Paid Chk# 018722 CENTERVlLLE FLORAL
Paid Chk# 018723 CONNEXUS ENERGY
Paid Chk# 018724 CUWGAN
Paid Chk# 018725 HOMES BY JAMES
laid Chk# 018726 MENARDS - FOREST LAKE
Paid Chk# 018727 MET. COUNCIL ENV. SERVo
Paid Chk# 018728 NATIONAL WATERWORKS
Paid Chk# 018729 PALZER, PAUL
Paid Chk# 018730 PETERSON, TEDD
Paid Chk# 018731 QWEST
Paid Chk# 018732 XCEL ENERGY
12/1012003
12/1012003
12/1012003
12/10/2003
12/1012003
12/1012003
12/1012003
12/1012003
12/1012003
12/1012003
12/1012003
Total Checks
$42.60 PLANT WIRED TO M. BENNETT FUNE
$337.52 STREET UGHTS - 395653-219699
$28.72 SERVTHRU 12-31-03
$1,500.00 6851 BEAVER POND WAY - REFUND
$30.30 HOUDAYUGHTS
$9,854.00 SERV THRU JANUARY 2004
$375.12 SUPPUES
$34.56 REIMBURSE MILEAGE FOR A SEMINA
$281.51 CLOTHING ALLOWANCE
$113.09 651-407-7090SERVTHRU 12-31-0
$1,552.46 1694 SOREL ST - SERV THRU 12-1
$19,149.62
tervi{[e
'Esta6fisfietf 1857
RECEIPTS & DISBURSEMENTS
RECEIPTS $30,580.04
DISBURSEMENTS $182,871.01
PAYROLL (12-4-03) $11,430.20
Note: An updated report on receipts and disbursements will be handed out on 12-10-03.
CITY OF CENTERVILLE
12/05/0312:39 PM
Page 1
Cash Receipts
December 2 through December 5, 2003
Tran Batch
Amount Date Refer Comments Name Account Oeser
FUND 101 GENERAL FUND
PL Type G
$38.94 121212003 o UB UR Receipt Group 00 120203ut G 101-11500 Accounts Receivable
$0.75 121312003 o UB UR Receipt Group 01 120303ut G 101-11500 Accounts Receivable
$0.25 12/412003 o UB UR Receipt Group 02 2003120401 G 101-11500 Accounts Receivable
Ace $39.94
$0.50 121212003 o 1695 MAIN ST - STE 103- 12-02-03 G 101-24500 Bldg. Permit Surcharge
$6.00 121312003 o 7289 BRIAN DR - 03-206 12-03-03 G 101-24500 Bldg. Permit Surcharge
$0.50 12/412003 o 7020 BRIAN DR - 03-208 12-4-03 G 101-24500 Bldg. Permit Surcharge
$0.50 12/412003 o 1740 MAIN ST - 03-210 12-4-03 G 101-24500 Bldg. Permit Surcharge
$0.50 12/412003 o 7247 MAIN ST - 03-209 12-4-03 G 101-24500 Bldg. Permit Surcharge
Ace $8.00
$0.50 121212003 o 1782 PEL TIER LAKE DR - 12-02-03 G 101-24502 Mech. Permit Surcharge
$0.50 12/412003 o 7265 MOUND CT - M03-078 12-0403 G 101-24502 Mech. Permit Surcharge
Ace $1.00
$0.50 12/512003 o 1 no PARTRIDGE 12-5-03 G 101-24503 Elec. Permit Surcharge
Ace $0.50
$1,500.00 121212003 o 1 n9 PARTRIDGE PLACE - 12-02-03 G 101-24505 Sod Escrow
$1,500.00 12/512003 o 1814 MAIN ST- 12-5-03 G 101-24505 Sod Escrow
Ace $3,000.00
PLType $3,049.44
PL Type *R
$67.58 12/212003 o 1695 MAIN ST - STE 103- 12-02-03 R 101-00000-32210 BuildinglMech.
$20.00 121212003 o 1782 PEL TIER LAKE DR - 12-02-03 R 101-00000-32210 Building/Mech.
$75.00 121312003 o 7289 BRIAN DR - 03-206 12-03-03 R 101-00000-32210 Building/Mech.
$118.67 12/412003 o 7020 BRIAN DR - 03-208 12-4-03 R 101-00000-32210 Building/Mech.
$60.00 12/412003 o 7265 MOUND CT - M03-078 12-0403 R 101-00000-32210 BuildinglMech.
$48.68 12/412003 o 7247 MAIN ST - 03-209 12-4-03 R 101-00000-32210 BuildinglMech.
$48.68 12/412003 o 1740 MAIN ST - 03-210 12-4-03 R 101-00000-32210 BuildingIMech.
Ace $438.61
$110.00 12/512003 o 1nO PARTRIDGE 12-5-03 R 101-00000-32225 Electrical
Ace $110.00
$0.26 121212003 o ONE COPY 12-02-03 R 101-00000-34105 Sale of Maps and
$10.00 12/412003 o ADDRESS MAP 12-0403 R 101-00000-34105 Sale of Maps and
Ace $10.26
$25,249.00 121212003 o POLlCESTATEAlD 12-02-03 R 101-00000-35101 Police State Aid
Ace $25,249.00
$21.00 12/512003 o HUNTER'S CROSSING 12-5-03 R 101-00000-36100 Special
Ace $21.00
$1.50 121312003 o MISC. 12-03-03 R 101-00000-36200 Miscellaneous
Ace $1.50
PLType $25,830.37
PL Type-E
$1.47 12/212003 o REBURSE CITY FOR 12-02-03 E 101-43000-321 Telephone
$25.62 121312003 o REIMBURSE CITY FOR 12-03-03 E 101-43000-321 Telephone
Ace $27.09
PL Type $27.09
FUND 101 $28,906.90
FUND 415 STORM WATER IMP PROJECTS
PL Type.R
$23.43 12/212003 o UB Receipt Sarv 10 DRAIN 1202-D3ut R 415-00000-32350 Storm Water
$2.35 12/212003 o UB Receipt Sarv Pen 10 1202-D3ut R 415-00000-32350 Storm Water
$22.44 12/212003 o UB Receipt Sarv 10 DRAIN 120203ut R 415-00000-32350 Storm Water
$2.24 12/2/2003 o UB Receipt Serv Pen 10 120203ut R 415-00000-32350 Storm Water
$14.55 121312003 o UB Receipt Sarv 10 DRAIN 120303ut R 415-00000-32350 Storm Water
$1.45 121312003 o UB Receipt Sarv Pen 10 120303ut R 415-00000-32350 Storm Water
$0.72 12/412003 o UB Receipt Sarv Pen 10 2003120401 R 415-00000-32350 Storm Water
$1.37 12/412003 o UB Receipt Sarv Pen 10 12-D4-D3ut R 415-00000-32350 Storm Water
$4.76 12/412003 o UB Receipt Sarv 10 DRAIN 2003120401 R 415-00000-32350 Storm Water
$13.82 12/412003 o UB Receipt Sarv 10 DRAIN 12-D4-D3ut R 415-00000-32350 Storm Water
$5.00 12/512003 o UB Receipt Sarv 10 DRAIN 12-5-Q3UT R 415-00000-32350 Storm Water
$0.50 12/5/2003 o UB Receipt Sarv Pen 10 12-5-Q3UT R 415-00000-32350 Storm Water
Ace $92.63
PLType $92.63
FUND 415 $92.63
FUND 601 WATER FUND
PL Type.R
$0.04 12/512003 o UB Receipt Sarv Pen 30 12-5-Q3UT R 601-o000O-34400 Safe Drinking
$0.40 12/5/2003 o UB Receipt Serv 30 WATER 12-5-Q3UT R 601-00000-34400 Safe Drinking
Ace $0.44
$19.72 121212003 o UB Receipt Sarv Pen 1 1202-D3ut R 601-00000-37100 Water Sales
$197.10 12/212003 o UB Receipt Sarv 1 WATER 1202-D3ut R 601-00000-37100 Water Sales
$196.57 121312003 o UB Receipt Sarv 1 WATER 120303ut R 601-00000-37100 Water Sales
$19.66 121312003 o UB Receipt Sarv Pen 1 120303ut R 601-00000-37100 Water Sales
$134.45 .12/412003 o UB Receipt Sarv 1 WATER 12-D4-D3ut R 601-00000-37100 Water Sales
$13.45 12/412003 o UB Receipt Sarv Pen 1 12-D4-D3ut R 601-00000-37100 Water Sales
$82.95 12/512003 o UB Receipt Sarv 1 WATER 12-5-D3UT R 601-00000-37100 Water Sales
$8.30 12/512003 o UB Receipt Sarv Pen 1 12-5-03UT R 601-00000-37100 Water Sales
Ace $672.20
PL Type $672.64
FUND 601 $672.64
FUND 602 SEWER FUND
PL Type ~
$229.72 121212003 o UB Receipt Sarv 6 SEWER 1202-D3ut R 602-00000-37200 Sewer Sales
$22.00 12/212003 o UB Receipt Sarv Pen 6 120203ut R 602-o000O-37200 Sewer Sales
$219.98 1212/2003 o UB Receipt Sarv 6 SEWER 120203ut R 602-00000-37200 Sewer Sales
$22.98 12/212003 o UB Receipt Sarv Pen 6 1202-o3ut R 602-00000-37200 Sewer Sales
$14.25 121312003 o UB Receipt Sarv Pen 6 120303ut R 602-00000-37200 Sewer Sales
$142.53 121312003 o UB Receipt Sarv 6 SEWER 120303ut R 602-00000-37200 Sewer Sales
$46.67 12/412003 o UB Receipt Sarv 18 2003120401 R 602-o000O-37200 Sewer Sales
$13.53 12/412003 o UB Receipt Serv Pen 6 12-D4-D3ut R 602-00000-37200 Sewer Sales
$135.38 12/412003 o UB Receipt Serv 6 SEWER 12-D4-D3ut R 602-?OO0O-37200 Sewer Sales
$7.00 12/412003 o UB Receipt Serv Pen 18 2003120401 R 602-00000-37200 Sewer Sales
$48.95 12/512003 o UB Receipt Serv 6 SEWER 12-5-Q3UT R 602-00000-37200 Sewer Sales
$4.90 12/512003 o UB Receipt Serv Pen 6 12-5-Q3UT R 602-00000-37200 Sewer Sales
~ $9OT.87
PL Type
$907.87
FUND 602
$907.87
$30,580.04
CITY OF CENTERVILLE
*Check Summary Register@
Name
10100 MAIN STREET BANK
Paid Chk# 018696 A-1 HYDRAULIC SALES &
Paid Chk# 018697 ABBA TROPHY
Paid Chk# 018698 ACClAIM BENEFITS
Paid Chk# 018699 AVLIC
Paid Chk# 018700 BROCK WHITE COMPANY
Paid Chk# 018701 CENTENNIAL FIRE DISTRICT
Paid Chk# 018702 CENTENNIAL lAKES POLICE
Paid Chk# 018703 CLEARWATER CREEK
Paid Chk# 018704 COVERALL OF THE lWIN
Paid Chk# 018705 EXCEL TELECOMMUNICATIONS
Paid Chk# 018706 HUGO FEED MILL
Paid Chk# 018707 INSTRUMENTAL RESEARCH
Paid Chk# 018708 IRSIMAIN STREET BANK
Paid Chk# 018709 METRO SALES INCORPORATED
Paid Chk# 018710 METROPOLITAN COUNCIL
Paid Chk# 018711 MINNESOTA DEPT OF
Paid Chk# 018712 NATIONWIDE RETIREMENT
Paid Chk# 018713 OFFICE MAX
Paid Chk# 018714 OLSON POWER & EQUIPMENT,
Paid Chk# 018715 OTTER lAKE ANIMAL CARE
Paid Chk# 018716 PRESS PUBLICATIONS
Paid Chk# 018717 PUBLIC EMPLOYEES
Paid Chk# 018718 TOM THUMB
CITY OF CENTERVILLE
Check Register
Payroll 12-4-03
Check Date
DECEMBER 2003
Check Amt
12/1012003
12/1012003
12/1012003
12/1012003
12/1012003
12/1012003
12/1012003
12/1012003
12/1012003
12/1012003
12/1012003
12/1012003
12/1012003
12/1012003
12/1012003
12/1012003
12/1012003
12/1012003
12/1012003
12/1012003
12/10/2003
12/1012003
12/1012003
Total Checks
$930.85 REPAIR PUMP
$47.93 LIFE TIME ACHIEVEMENT AWARD
$100.00 FLEX SPENDING ACCT THRU 11-30-
$456.00 DEF COMP PAYROL WIH 12-04-03
$53.46 SAND BAGS
$116,282.00 2003 STATE FIRE AID
$40,379.08 DECEMBER 2003 SERVICE
$185.10 FUEL-SERVTHRU 11-25-03
$213.00 SERVTHRU DEC. 2003
$9.29 P.W. PHONE SERVTHRU 11-24-03
$5.48 SUPPLIES
$34.00 NOVEMBER 2003 CITY WATER SAMPL
$4,017.70 PRWIH 12-4-03
$13,971.74 COPIER & COLOR lAZER PRINTER
$2,524.50 NOVEMBER SAC CHARGES
$672.19 PRWIH 12-4-03
$679.00 DEF COMP PR W.H 12-4-03
$213.77 OFFICE SUPPLIES
$31.90 OPERATING SUPPLIES
$249.92 IMPOUND FEES
$38.70 PUBLIC IMPUT MEETING - CENTERV
$1,674.10 P.R. WIH 12-4-03
$101.30 FUELSERVTHRU 11-25-03
$182,871.01
Pay Pay Check Soo Check Check
Year Grou Period # Employee Name Sec# Date Amount Gross
2003 01 25 007440 COOK, KENNETH 474-44-8578 12/412003 $474.06 $1,608.85
2003 01 25 007441 PAtZER, PAUL J. 472-82-9271 12/412003 $1,949.95 $2,788.63
2003 01 25 007442 STEPHAN, KIM 469-72-4221 12/412003 $866.78 $1,299.33
2003 01 25 007443 MOORE-5YKES, KlMBERLAI 399-70-6639 12/412003 $1,715.06 $3,007.83
2003 01 25 007444 PAULSETH, ELLEN 476-78-3494 12/412003 $1,408.11 $2,553.43
2003 01 25 007445 MCPHERSON, JOEL 468-86-8653 12/412003 $1,095.17 $1,861.04
2003 01 25 007446 PETERSON, TEDD 473-72-4668 12/412003 $1,231.78 $2,221.15
2003 01 25 007447 BENDER, TERESA 470-88-7566 12/412003 $997.49 $1,874.23
2003 01 25 007448 SWEENEY, KRISTEN 469-88-1077 12/412003 $859.95 $1,506.54
2003 01 25 007449 BROUSSARD, LINDA 437-76-9310 12/412003 $0.00 $225.00
2003 01 25 007450 LEE, THOMAS A. 472-82-4972 12/412003 $207.79 $225.00
2003 01 25 007451 PMR, JEFFREY S. 47fHl6-3324 12/412003 $207.79 $225.00
2003
2003
01
01
25 007452 SWEENEY, TERRY
25 007453 YELLE-CAPRA, MARY J.
~50-2400
366-72-3776
12/412003 $249.33
12/412003 $166.94
$11,430.20
$275.00
$225.00
$19,896.03
December 1, 2003
Kenneth Cook
City of Centerville
Building Inspections
City Administrator Moore-Sykes,
This is to inform you of my decision to retire from my position as Building Inspector for
the City of Centerville effective December 31, 2003.
Respectfully,
iduvU
Kenneth Cook
. .
. ":. \' ~ , ' .
11/14/03 FRI 14:15 FAX 612 784 0082
CIRCLE PINES-LEX PD
..- CV CITY: HALL
III 003
.
,:..;~~~~ ~0:';l..:'~ ~
l!~fr,
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Centennial Lakes Police, Department
J(J() CIvil: IfitlltJs CircIs. 'ClNt. Pins, MN 55DltI (163) 184-2501 FlU (163) 184-0m
l,}~J:l'.~5'~
.".:.,......
Octobe~ 30, 2003
Spring Lake Park Lions Club
B433 CentG~ D~iTe NE
Spring take Puk, MN 55432
Dear Lic~s Club H~ber8;
I &m wdtiUi this lettar with the support of ths CentaDnial Lakes Polic.e
Commission.' to :t:equest financial uststanee for an important traff1e nfet:y
dav:tee knoti7'11 as a speed trailer. A speed trailer is a computer-operated
ciev:tCI!l which has tbe abUi t;y to reQord a ve.hith' s, speed by displaylq
risible nume:rals to the passing motot'hts aud to lather spud information
for public. safety purposea. The data from the speed traUer- is invaluable tn
determining times. locations an4 frequency of speed!na problems and to it;
eud, :tu helping to reduce traff1e ac~ldent !ujur1e. and death.
Btatisties indicate that oue of the moet comon cou:.tributbg caun, of
traffic c.nshes a~d pec1estri(1U4 acc!clents' 1. speed. Our police department
teeeive, more complaints about 8pee41ns veb1clas than any othex call. With
fewer offi~er, available to perform traff1c enforcement duties, OUr response
needs to be efftci8at and focuse4. Dat& from the speed trailer would aid ou:
cff$.cers to identify 'problem areas audin, turu, concentrate on etLfonins'
traff:1c laws. We are c0lllll11tted to the use of technology to keep OUr roads
lIafe. As 1. naeed 10 Our Khsiou Statement, "We utilhe trdll.ing, technol-
08;1 and 1nnovatioa to achh'lre excelleDcClI in community oriented poUch,S".
With tnffie acdclent, 011. the fia. 'and press ute., to solve other crime-
nlated problems, eoupled w:l.th tighter budcets, the clUes ,,1:8 .asldng us to
do ,more wi.th lC!8&,' Oufortuuate11, the epeed trailer is not considered a
naces~ity ~~ the nepartment, has no~ 'been able. to ~udcet tor this
teehnoloiT. the ClOSt. of tAe speed traUar ranges fr01ll US,OOO to 420,000
depending en options. P18ase e~sider. making a cOD~ribution to OU% t~affic
safety mac&cement.
I, would be very happy to make & preuntation at 1'Qur n~xt meeUns if you so
d,,:h:e. I tbank 101.1 for your c.ont:tnued finaJl,c:la.1 npport to our public,
84fety need,.
SiDC~l~ .-,- -...... _ ~.d
~a:~
Deputy Ch~ef Robert A: Makela
CentenllLal Lake. Police Deper~Qt
P.JJf./g,:
11/14/03 FRI 14:16 FAX 612 784 0082
CIRCLE PINES-LEI PD
+++ CV CITY RALL iii 004
rev, 8-98
GJ!NElU.L PVBPOSEI (ci7t:l1i OM)
SPRING LAKE P.ARKLIONS CLD"'B
PO Box 829515
spring Lake Park, MN 56482
(612) 794-5731
Tho folIowh1g is B lawful Tequest for :fJD.moJal assis1Buce frO%Il1he Spdng Lake Pane Uom Club tIIldex the guidelines set cl.o'Ml by !:he'
charitable C'TambBl3g Control Boe:rd af the StaW ofMim1esotil.. .
~lmg~U1'~ t~fake.<; .eJJ . p",,:,"b'i'.\7~~
Addrw 2ao ~I \I'~~ atJlStateIZip Cltl'f~~~
· IfYOD aru~501C3 orlaDizatiom. aftac& a copy ofDetemdztatioD Letter, , $5f1J1t
. ".. ..
. ;' . " ~ .' .' ,.... ..
NeiIM.ofPors^nSubmitti:c.l"D.-n"JAt .. '!...:~\.\"" . .' 'at. ..~1 ".-~'.,'''~J'
_w T .. ..~.... -- . '~'.:'- '...~ '. . "; 'Ci;iS' ,_.:.......... _ rlll\1!lf....'- .. .
..:1...:1_ I' . ~ '.' . .Jo.&...NI7..... . r ,."----;-- -,.- '._
Auuzess '.._ _ _._ .;_........_ J'.J 'fi;la.........,y '..,..,
. . ..-_....:......~-~.~.
~;~~~
Reque,t N
Date I I
---
l...a
.
· Is BppYClVal needed from 8.1101:b.ea: govemi:D.g 'body~ (School B ' City Council, etc)
F;om. Whom? (name &.position) _
Health Servioes
Pexk & Recm:liOtt
Youth ctLvities
· 'WI1.at ~s YOUJ' total a.m.OlJi:rt ofaeed'.....,;......._.a.......................__...........,1,....._.......;......._..$
· How much ~i.VB Y011raised ~ dato1 ....,.......,...............-....,......._..._..................................$.
'.
Date Needed: lJJ.1SJ2!2!J!
z~
hrvostigath1g POZSOD
Committee Fmditlgs
PhO:ElC
Committco R..ocommc.ndation
M~ ofth-o members of the Spring Lake Park lions aub
Dato I I
.0 ------__
bA'l'E Paid:
Sia~ature:
Chl!ck #
Delivered Bv:
Date:
11/14/03 FiI 14:15 FAX 612 784 0082
CIRCLE PINES-LEX PD
.,++ cv: CITY HALL
~002
SPRING LAKE PARK LION~UB
. . PO BOX 32955 / Ce-~D
. SPRING LAKE PARK. MN _5543~ NoVl 3 ~
'., .' ~
To whom. it may ~ncem:
Enclosed is a Sprfrlg Lake Park Lions request form for ch8ritable gambling funds.
'This fonn helps US in pr~sing your request We welcome your request and will con-
sider it according to club policies and procedures.
This is a brief summary of how YQur request is processed.. All requests are first
investigated and revi~ed by the Community Needs chairperson and conm;Littee. A rec-
ommendation is ma4fe to what action should be taken regarding the request at the com-
munity needs committee meeting on the second Tuesday of the month.
Next, in compliance with Minnesota State Charitable Gambling Statutes, all
requests are voted on by the general membership of the SLP Lions. This occurs at our
meeting on the fourth Thursday of the month. Only after. being voted on by the general
. membership can il.~eiJ.uest be considered passed and a check issued.
. . .
Please fill out the form as completely ~ possible and mail back promptly because
we arc on a timetable. Thank you. .
Sincerely,
. .
~A
'/{)
~
Comm~ty~ee9SC~~ex:s~~ '. '.. .': '.:" /1.. ~ .t::.. .
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STAFF REPORT
CENTERVILLE CITY COUNCIL
Date:
December 10, 2003
To:
Honorable Mayor and City Council Members
Ms. Kim Moore-Sykes, ,City Admini.trator
Ellen Paulseth, Finance Director q.J
Levy and Budget Adoption
From:
Re:
**.........................*.*..............................*...........
Resolutions are attached which, when adopted, will set the property tax levy and budget
for the year 2004. As a matter of decorum, the following rules promulgated by the
Department of Revenue should be adhered to:
> A public hearing must be opened prior to adopting the levy. The levy must be
adopted at the hearing.
> The property tax levy must be adopted prior to setting the budget.
I wish to thank the Council, City Adminimrator, and staff members for their assistance
and cooperation in putting together the budget during these economically challenging
times.
ervi{{e
'Esta6fisfiet{ 1857
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF CENTERVILLE
1880 Main Street . CenteroilfeJ fM9l 55038
(651) 429-3232 .!fa;c (651) 429-8629
RESOLUTION #03 - 066
A RESOLUTION ADOPTING THE FINAL PROPERTY TAX LEVY FOR THE
CITY OF CENTERVILLE FOR THE YEAR 2004
WHEREAS, the City Council of the City of Centerville did adopt a proposed property
tax levy for the year 2004 on the 10th day of September, 2003, in the amount of
$1,539;329; and,
WIlEREAS, the council did hold a public hearing on the 1st day of December, 2003 to
obtain input regarding said leVy; and,
WHEREAS, the council also held a public hearing on the 10th day of December, 2003
for the purpose of obtaining input on the adoption of the .final property tax levy.
WHEREAS, the Minnesota Department of Revenue has certified the maximum levy
limitation for the City of Centerville in the amount of $1,539,329 for property taxes
payable in the year 2004.
THEREFORE, BE IT RESOLVED that the City Council of the City of Centerville
hereby adopts the.final property tax levy for the year 2004 in the amount of$1,539,329.
BE IT FURTHER RESOLVED that the Finance Director is authorized and directed to
certify said property tax levy to the Minnesota Department of Revenue and forward a
copy of this resolution to the Anoka County Auditor.
PASSED AND ADOPTED by the City Council this 10th day of December, 2003.
Mayor
Attest
City Clerk
ervi{{e
'Esta6{isftd 1857
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF CENTERVILLE
1880 Main Street . Centeruiffe,!M9l 55038
(651) 429-3232 .!fa;c (651) 429-8629
RESOLUTION #03 - 067
A RESOLUTION ADOPTING THE FINAL BUDGET FOR THE CITY OF
CENTERVILLE FOR THE YEAR 2004
WHEREAS, the City Council of the City of Centerville did adopt a jroposed budget for
all governmental and enterprise funds for the year 2004 on the 10 day of September,
2003; and,
WHEREAS, the Council did hold a public hearing on the 1 st day of December, 2003 to
obtain input regarding said budget, and;
WHEREAS, said budget includes a provision for a 3.96% property tax levy increase
over last year.
THEREFORE, BE IT RESOLVED that the City Council of the City of Centerville
hereby adopts the final budget for the year 2004 as follows:
General Fund
Debt Service
Capital Projects
Enterprise
Special Revenue
Expenditures
$2,002,000
$ 471,362
$1,092,144
$1,141,682
$ 2,490
Revenues
$ 462,671
$ 345,000
$ 134,000
$ 696,500
$ 200
Fund Balance Tax Levy
$ -0- $1,539,329
$(126,362) $ -0-
$(958,144) $ -0-
$(445,182) $ -0-
$ (2,290) $ -0-
BE IT FURTHER RESOLVED that the Finance Director is authorized and directed to
certify the General Fund budget to the Minnesota Department of Revenue.
PASSED AND ADOPTED by the City Council this 10th day of December, 2003.
Mayor
Attest
City Clerk
Effective: 1218/99
C~ of Centerville Ord. #5
STATE OF MINNESOTA
COUN'IY OF ANOKA
CITY OF CENTERVILLE
ORDINANCE #S
AN ORDINANCE AMENDING ORDINANCE #S TO PROTECT AND PRESERVE THE
PUBUC'S SAFETY BY REGULATING THE DISCHARGE OF FIREARMS AND
DANGEROUS WEAPONS WITHIN THE CITY OF CENTERVILLE
The City of Centerville hereby ordains:
5.01 Definitions. The following definitions shall apply in the interpretation and enforcement of this
Ordinance.
A. Rifle. A shoulder weapon with a rifled bored barrel and discharging a single shot or pellet at a
time.
B. Shotgun. A shoulder weapon with a rifled bored barrel and discharging more than one pellet at a
time. No slugs.
C. Handgun. A hand held weapon with a rifled barrel and discharging a single shot or pellet at a
time.
D. Bows and Arrows: For the purpose of this Ordinance to mean a11long bows used for target and
hunting purposes as regulated and defined by Minnesota Statutes, Chapter 97B.
E. Firearms. For the purpose of this Ordinance this shall mean shotguns and pellet weapons,
whether C02 or pneumatic powered.
SubeL 1. Dangerous Weapons. A Dangerous Weapon means any firearm, whether loaded or
unloaded, or any device designed as a weapon and capable of producing death or great bodily harm,
or any other device or instrumentality which in the manner it is used or intended to be used, is
calculated or likely to produce death or great bodily harm. The term a dangerous weapon shall
include, but not be limited to the following:
· All firearms;
. All instruments used to expel at high velocity any pellets or single projectile of any
kind, including, but not limited to B.B. guns, air guns, and rifles;
. Sling shots;
. Bows and Arrows
. Cross Bows;
. Sand Clubs;
Page 1 of5
Effective: 12/8/99
City of Centerville Ord. #5
. Metal Knuckles;
. Daggers, dirk knives, switchblades, or spring blade or push knives, stilettos, or
blackjacks;
· Chinese throwing stars;
. Nunchakus; Shurikens, and Yawara Sticks
. Sharp studs; and
. Blow Guns
5.02 Regulations. No person shall at any time discharge or use in a manner that may cause bodily
harm or property damage any firearm or dangerous weapons upon or onto any lands within the City
of Centerville except as provided by this Ordinance.
SOOd. 1 Discharge. No person shall discharge a firearm, a bow and arrow, or other dangerous
weapons within the City of Centerville, except for the following:
1. Landowners may discharge firearms upon their property provided the
property is 10 acres or more in size and the projectile does not carry beyond
the property line. The minimum distance for discharging from a structure is
500 feet.
2. Landowners may discharge bow and arrows upon their property provided the
property is two and one-half(2.5) acres or more in size and the projectile does
not carry beyond the property line.
3. Landowners may discharge a firearm upon their property for the purpose of
slaughtering qnimals provided the property is 10 acres in size and the
projectile does not carry beyond the property.
4. No person shall discharge any firearm upon the property of another person in
an allowed area of 10 acres or more in size with out written permission of the
owner or lessee.
5. No person shall discharge any bow and arrow upon the property of another
person in an allowed area of two and one-half acres (2.5) or more in size
without written permission of the owner or lessee.
6. Recreational target shooting offirearms in an allowed area often acres (10)
or more in size shall be directed at a target with a backstop of sufficient
strength and density to stop and control the projectile.
7. Recreational target shooting of a bow and arrow in an allowed area of two
and one-half acres (2.5) or more in size shall be directed at a target with a
backstop of sufficient strength and density to stop and control the projectile.
Page 2 of5
Effective: 12/8/99
City of Centerville Ord. #5
8. The discharge of a rifle or handgun utili7.i"B a solid projectile shall not be
allowed within the City of Centerville.
9. The provisions of this Ordinance shall not apply to the discharge offirearms,
rifles or handguns when done in the lawful defense of persons or property.
No part of this Ordinance is intended to abridge the constitutional right to
keep and bear arms.
10. No person shall permit a child under 18 years of age to handle or use, outside
of the parent or guardian's presence, a dangerous weapon, dangerous
instrument, or any ammunition or explosive.
5.03 Transportation of Firearms. No person shall transport a firearm by vehicle of any type
whether motorized or not unless the firearm is:
A Unloaded and in a gun case expressly made to contain a firearm, and the case
fully encloses the firearm by being zipped, snapped, buckled, tied, or
otherwise fastened, and without any portion of the firearm exposed; or
B. Unloaded and in the closed trunk of a motor vehicle; or
C. A handgun carried in compliance with Minnesota Statutes Sections 624.714
and 624.715; or
5.04 Transportation of Dangerous Weapons. No person shall transport a dangerous weapon by
vehicle of any type whether motorized, or not unless the dangerous weapon is:
A. Unstrung; or
B. Completely contained in a case; or
C. In the closed trunk of a motor vehicle.
5.05 Unclaimed Firearms. All firearms including long guns and hand guns of evety kind. coming
into the possession of the Centennial Lakes Police ~artment. in the course of its operations on
behalf of the City. and remaining unclaimed by the owner(s). shall be subject to disposal under the
following terms:
A The Centennial Lakes Police Dq>artment shall take reasonable stq>s to notifY the
owner of any firearm.( s) including long gun( s) or hand gun( s) of evety kind subject to
disposal that the police department has come into possession of such property. The
notice shall further provide that such firearm(s) including long gun(s) or hand gun (s)
are subject to disposal within 65 days following the mailing of such notice.
Page 3 of 5
Effective: 12/8/99
Ci1J of Centerville Ord. #5
B. Such notice shall be made by certified mail at the last known address of the owner(s).
C. In the event the actual ide~ oflast known address of the owner(s) is not reasonably
known to the police d~artment. notice may be made by publication. The notice must
be published at least once in the official new~aper of the city.
D. In the event the owner has actual knowledge that the police d~artment has
possession of such fireann(s). no additional notice shall be required.
E. After proper notice. and upon the expiration of the 65-day period described herein. all
unclaimed firearm( s) shall be destroyed in a manner and under circumstances to be
determined by the Chief of Police.
F. No unclaimed firearm shall be sold or otherwise used for any pw:pose.
5.~ Penalty. Any person who violated any provision of this Ordinance shall be guilty of a
misdemeanor and upon conviction thereot: shall be punished according to prevailing State Laws.
5.061 Validity. The validity of any section, clause or phrases(s) of this Ordinance shall not affect the
validity of any other part.
5.0+1 Restrictive Clause. Centerville Ordinance #5, hereby states that if Minnesota State Statutes
pertaining to the sections, clauses and phrases of the above stated Ordinance are more restrictive than
of the City ofCenterville's Ordinance #5, the State of Minnesota Statutes shall apply. If the City of
Centerville's Ordinance is more restrictive than the Minnesota State Statutes, the above Ordinance
shall apply.
5.082 Repealer. On the effective date hereot: Centerville Ordinance #5 dated October 10, 1973 is
repealed.
5.9910 Eft'ective Date. This Ordinance shall take effect and be enforced from and after its passage as
provided by law.
Passed by the City ConneD this 8th day of December, 1999.
APPROVED:
(SiW'atJ.Jre on File)
Mayor, Tom W1lharber
ATTEST:
(SignatJ.1re on File)
City Clerk, Diane Ward
Page 4 of5
. .
Published in the Quad Commllnity Press on December 21, 1999
Amended:
Published in the Quad Community Press on
Page 5 of 5
Effective: 12/8/99
C~ofCentervilleOrd #5
.
Effective 1110/90
City ofCenterville Ord. ##49
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF CENTERVILLE
ORDINANCE #49
AN ORDINANCE RELATING TO NOISE, PROVIDING FOR THE ELIMINATION AND PREVENTION OF
PROHIBITED NoISE, AND IMPosING PENALTIES FOR VIOLATION.
THE COUNCIL OF THE CITY OF CENTERVILLE DoES ORDAIN:
SECTION 1. NOISES PROHIBITED.
The City Council finds that within the City, certain loud, avoidable, unnah.1ral and unnecessary
noises, which under certain circumstances and conditions constitute a serious threat to the health,
welfare, contentment and the feeling of well-being of our residents. Excessive noise degrades the
environment of the City and the City has a substantial and, in some situations, compelling interest in
controlling such noise.
Subdivision 1. General Prohibition.
No person shall make or cause to be made any distinctly and loudly audible. continuous,
objectionable noise due to intermittence, frequency, beat, sbrillness, or intensity that annoys,
disturbs, injures, or endangers the comfort, repose, health, peace, safety, or welfare of any person or
precludes their enjoyment of property or affects their property's value. This general prohibition is
not limited by the specific restriction of the following subdivisions.
Subdivision 2. Exhaust.
No person shall discharge the exhaust or permit the discharge of the exhaust of any steam engine,
stationary internal combustion engine, motor boat, motor vehicle, or snowmobile except through a
muftler or other device that effectively prevents loud or explosive noises there from and complies
with all state laws and regulations.
Subdivision 3. La.dint!.. UDlo.dint!.. Unoackint!.
No person shall create loud and excessive noise in loading, unloading, or unpacking any vehicle
between the hours of 10:00 p.m. and 7:00 a.m.
Subdivision 4. Radios.. PhonOt!l'8ohs.. Pae:int! Svstems.. Etc.
No person shall use or operate or permit the use or operation of any radio receiving set, musical
instrument, phonograph, paging system, machine, or other device for the production or reproduction
of sound in a distinct and loudly audible manner. as te disturb the peaee, ..iet, aH oomfert of aay
perseR DeMby. Operation of any such set, instrument, phonograph, machine, or other device
between the hours of 10:00 p.m. and 7:00 a.m. in such a manner as to be plainly audible fifty (50)
feet from outside the property line of the structure or building in which it is located, in the hallway
or apartment adjacent, or at a distance of one hundred fifty (150) feet if the source is located outside
a structure or building shall be prime facie evidence of a violation of this section. These
measurements and decibel readings will be taken per Section 3. Subd. 1 of this ordinance.
Effective 1/10/90
City of Centerville Old. #49
Subdivision 5. Particio.tion in Noisv Parties or Gatherin2.
No person shall participate in any party or other gathering of people giving rise to continuous noise,
disturbing the peace, quiet, or repose of another person. When a police officer determines that a
gathering is creating such a noise disturbance, the officer may order all persons present, other than
the owner or tenant of the premises where the disturbance is occurring, to disperse immediately.
Subdivision 6. Loudsoeaken. Amolifiers for Advertisintr. Etc.
No person shall operate or permit the use or operation of any loudspeaker, sound, amplifier, or other
device for the production or reproduction of sound on a street or other public place for the purpose
of commercial advertising or attracting the attention of the public to any commercial establishment
or vehicle.
Subdivision 7. Animals.
a. Nt> perSOB shall keep aBY animal that l:IBfeas<lBably Elistufbs the oomfert er repose of persoBs
iB the -AciDity hy its iFequeBt or ooml:liBed Boise. Refer to Ordinance #24. Section 24.08 -
Nuisances.
SECTION 2. HOURLY RESTRICTION ON CERTAIN OPERATIONS
Subdivision 1. Recreational Vehicles.
No person shal~ between the hours of 10:00 p.m. and 7:00 a.m., drive or operate any mini-bike/dirt
bike. snowmobile, or any other recreational vehicle not licensed for travel on public highways.
Subdiyision 2. Domestic Power Eauioment.
No person shall operate a power lawn mower, hedge clipper, chain saw, mutcher, garden tiller,
edger, dril~ or other similar domestic power maintenance equipment between the hours of 10:00
p.m. and 7:00 a.m. Snow removal equipment is exempt from this provision.
Subdivision 3. Refuse Haulin2.
No person shall collect or remove garbage or refuse in any residential district between the hours of
10:00 p.m. and 7:00 a.m.
Subdivision 4. Construction Activities.
No person shall engage in or permit construction activities involving the use of hammers or the use
of any kind of air. electric, diese~ or gas powered machine or other power equipment between the
hours of 10:00 p.m. and 7:00 a.m.
SECTION 3. ENFORCEMENT.
Subdivision 1. Noise Imo.a Statements.
The Council may require any person applying for a change in zoning classification or a permit or
license for any structure, operation, process, installation or alteration, or project that may be
considered a potential noise source to submit a noise impact statement. It shall evaluate each such
Effective 1/10/90
City of Centervi11e Ord. ##49
statement and take its evaluation into account in approving or disapproving the license or permit
applied for or the zoning change requested.
Subdivision 2. Noise Level Table.
The Duration of Sound hours will follow daylight savings time for both Residential and
CommerciallIndustrial Districts. From the first Sunday in April through the third Saturday of
October the hours will be from 7:00 a.m. - 10:00 p.m. and all other dates will adhere to the hours
of7:oo a.m. - 9:00 p.m.
Residential :
Daylight
Overnight
9:00/10:00 p.m. - 7:00 a.m.
70db
65db
65db
Less than 2 hours 75db
More than 2 hours 70db
CommerciallIndustrial:
Less than 2 hours
85db
80db
75 db
75db
70db
70db
Less than 10 minutes
More than 2 hours
The limits of the most restrictive district shall apply at the boundaries between different land use
designations and M-I (Mixed Use) categories. The determination ofland use shall be by its zoning
designation.
Subdivision 3. Sounds Exemnt from Noise Level Reouirements..
Sounds emanating from the operation of motor vehicles on public highways. aircraft. outdoor
implements. such as power lawnmowers. snowblowers. power hedge clippers. power saws. pile
drivers. jackhammers. and other construction equipment. are exempt from the sound level
requirements but shall observe the time restriction provisions of this subdivision. Set:HHls
emanatiBg Ham lawful aBd pr-eper aeti>'lities at sekool greuB6S, playgra1:lfltls, parks ar platies wher-e
athletie eeBtests tak-e plaee, ar-e eempt iTam the pf0"AsieBS efthis suhdFi."isiaB.
~utMIivision 4. Euentions for Sneeial Events.
The City Council shall have the authority. consistent with this section. to grant exceptions from the
requirements of any section of this ordinance for special events. Any person seeking an exception
shall file an ap.plication at City Hall with the City Clerk or hislher designee on a form prescribed by
the City. The ap.plication shall state the dates during which the ap.plication is proposed. the location
of the noise source and time of operation. the nature of the noise source. reasons why the exception
is sought. steps taken to minimize the noise level and such other information as is required by the
City.
Effective 1/10/90
City of Centenille Ord. ##49
The City shall within 30 days from the receipt of the application. approve or deny the application.
The application will be presented to the City Council for consideration and may be approved only if
the City Council finds that full compliance with the requirements of the ordinance would constitute
an unreasonable hardship on the applicant. on other persons. or on the community. In determining
whether to grant or deny the application. the City Council shall balance the hardship to the applicant
against the adverse impact on the health. safety. and welfare of the persons affected. the adverse
impact on property affected. and any other adverse effects of granting the variance. The variance
may be granted subject to conditions. including a time limit. which shall be clearly stated.
If the City fmds that sufficient controversy exists regarding the proposed exception to the provisions
of this ordinance. a public hearing will be held on the proposed application at which all persons
affected shall be given an opportunity to be heard.
Subdivision 5. Exception for Emergency Work.
Noise created exclusively in the performance of emergency work to preserve the public health.
safety. or welfare. or in the performance of emergency work necessaty to restore a public service or
eliminate a public hazard shall be exempt from the provisions of this ordinance for a period not to
exceed 24 hours after the work is commenced. Persons responsible for such work shall inform the
police department. Building Inspector and City Administrator of the need to initiate such work or. if
the work is commenced during non-business hours of the City. at the beginning of business hours of
the first business day thereafter. Any person responsible for such emergency work shall take all
reasonable actions to minimize the amount of noise.
Subdivision fi6. Criminal Penalties.
Every person who violates any provision of this ordinance is guilty of a misdemeanor and shall,
upon conviction, be subject to a fine or imprisonment or both, and in either case, the cost of
prosecution. Each act of violation and each day a violation occurs or continues constitutes a
separate offense.
SECTION 4. SEVERABnITY.t
If any provision of this ordinance or the application of any provision to a particular situation is held
to be invalid by a court of competent jurisdiction, the remaining portions of the ordinance and the
application of the ordinance to any other situation shall not be invalidated.
Adopted by the City Council this 10th day of January, 1990.
APPROVED:
(Signature on File)
Mayor, George Haberman
Attest:
(Signature on File)
Clerk! Administrator, Tamara M. Mitz-Miller
Amended: May 22, 2002
Published in the Quad Community Press on June 11, 2002
~
Effective 1/10/90
City ofCentenille Ord. #49
Amended:
Published in the Quad Community Press on
.'
..
Effective: 07/28/93
Cit)' ofCenterville Oed. #57
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF CENTERVILLE
ORDINANCE #57
AN ORDINANCE REQUIRING THE INSTALLATION OF SUMP PUMPS AND
REGULATING THE DISCHARGE OF SURFACE WATERS, DRAINTILE
INSTALLATION, PROHIBITING DISCHARGES INTO THE SANITARY
SEWER SYSTEM ON TO STREETS OR ADJOINING PROPERTIES AND
PROVIDING PENALTIES FOR VIOLATIONS. THEREOF.
The City Council of the City ofCenterville, Anoka County, Minnesota does ordain:
Section 1. SlIq) Pump Required.
Subdivision 1. Sump Pump Systems Required. Sump pump systems shall be
installed in new residential, commercial and industrial buildings, except in
situations of on grade construction.
Subdivision 2. Storm Water Discharge Prohibited. It sball be unlawful for any
owner, occupant or user of any premises to direct into or allow any storm water,
surface water, ground water, roof run-ofl: pond overflow, well water or water
from residential, industrial or commercial air conditioning systems to drain into
the sanitary sewer system of the City. No rain spout, or other form of surface
drainage and no foundation drainage or sump pump shall be connected or any
substance other than sanitary sewage discharged into any sanitary sewer.
Subdivision 3. Draintile System. A draintile, sump basket, pump, electrical
receptacle and rigid pipe connection to the outside shall be required for any new
residential buildings constructed within the City. The Building Official may
determine the need for such installation when slab on grade construction occurs.
The system shall be installed as follows:
1. The building shall have a draintile placed around the inside perimeter of
the foundation connected to a sump pit. The sump pit shall be located at
least ten (10) feet away from any inside floor drain.
2. A discharge pipe shall be installed to the outside wall of the building with
rigid pipe (p'~~c, copper, galvanized or black pipe) three-fourths inch
inside diam~er minimum with a union or other approved coupling for
easy disconn~ion for repair or replacement. The discharge pipe shall
have a hose bib or three-fourths inch hose connector at the outside of the
building wall.
3. The electrical receptacle shall be located no greater than five (5) feet from
Page 1 of4
..
Effective: 07/28/93
City of Centerville Ord. #S7
the sump basket.
4. When the construction consists of hollow masonry units, weep hoses shall
be inserted into every core of each block of the -1- lit first course and placed
into the gravel filled trench in such manner to protect the hoses from
blockage when the concrete floor is poured.
The provisions of this Section are not intended to prevent the use of any
material or method of construction not specifically prescribed by this
Section, provided any alternate has been approved and its use authorized
by the Building Official. The Building Official may approve any such
alternate, provided that the proposed design is satisfactory and complies
with the provisions of this Section and that the material, method or work
offered is, for the purpose intended, at least the equivalent of that
prescribed in this Section. The Building Official shall require that
sufficient evidence or proof be submitted to substantiate any claims that
may be made regarding its use. The details of any action granting
approval of an alternate shall be recorded and entered in the tiles of the
Department of the Building Official.
Subdivision 4. Existing Installations. When a draintile system is to be installed in
an existing structure that had no system of surface water drainage when first
constructed, the system shall be installed the same as for new construction.
Section 2. Discharge of Surface Waters Prohibited.
1. No person shall discharge or cause to be discharged any storm water,
groundwater, root: rutmofl: yard drainage, yard fountain, pond overflow or
any substance other than sanitary sewage into the sanitary collection
system.
2. Any person, firm or corporation having a root: sump pump, swimming
pool discharge, cistern overflow pipe or surface drain now connected
and/or discharging into the sanitary sewer system shall disconnect and/or
remove same prior to September 30, 1993. Any disconnects or openings
in the sanitary sewer shall be closed or repaired in an effective,
workmanlike manner as described in the next Section.
3. All sump pumps shall have a discharge pipe installed to the outside wall of
the building with one (1) inch inside minimum diameter. The pipe
attachment must be a permanent fitting such as PVC pipe with glued
fittings. The discharge shall extend at least three (3) feet outside of the
foundation wall and avoid creating water problems on adjoining property
or ~ City street.
Page 2 of4
Effective: 07/28/93
City ofCentervi1le Ord. ##57
4. Every person owning improved real estate that diseharges iBto the City's
SaBitary sewer system shall allow the City of Centerville employee(s) to
inspect the buildings to confirm that there is no sump pump or other
prohibited discharge into the sanitary sewer system. Two (2) attempts will
be made. in writing and forwarded to the owner of the subject property via
U.S. Postal Service through certified mail to arrange an inspection. If no
response is received subsequent to these attempts. it will be deemed a
refusal to allow the subject property to be inspected and deemed not in
compliance with Section 2 of this Ordinance. Any person refusing to
allow their property to be inspected shall immediately become subject to
the surcharge hereinafter provided for. Any property found to violate this
Section shall make the necessary changes to comply with this Section and
such changes shall be verified by City of Centerville employee(s).
5. A surcharge of($75.00) dollars per month is hereby imposed and shall be
added to every se\':er hilling mailed 08 and after Jaauary 1, 1994 to
property owners who are not in compliance with this Section. The
surcharge shall be added every month, until the property is in compliance.
The imposition of such surcharge shall in no way limit the right of the City
of Center to seek an injunction in District Court ordering the property
owner to disconnect the non-conforming connection to the sanitary sewer
system or from pursuing any other legal remedies available.
6. Upon verified compliance with this Section, the City reserves the right to
inspect such property at least yearly to verify compliance herewith.
This ordinance shall be in full force and effect from and after its passage and publication
as provided by law.
Passed by the City Council this 28th day of July, 1993.
(Signature on File)
Mayor, Bob Burgstahler
ATTEST:
(Signature on File)
Clerk! Administrator, Tamara Mitz-Miller
Published in the Circulating Pines on September 9, 1993
Page 3 of4
~
Effective: 07/28/93
City ofCenterville Ord. #57
~~-"
" (
~~.~"",
,~,-- -e' erviffe
'EsttlMi.sfid 1B57
CITY OF CENTERVILLE
SUMP PUMP INSPECTION
Surcharge Applied
Account #:
Inspection Date:
Name:
By:
Address:
Telephone #:
ACCOUNT TYPE FINDINGS
Single Family _ Sump pit/No Pump
Duplex _ Cistern Discharge
Multiple _ NQ Sump Pit
Commercial _ Roof7Gutter Spouts in Basement
Institutional _ Other (Specify)
Comments:
In Compliance
Non-CompliancelRe-inspection Date:
Page 4 of4
.. '
cO
CITY OF CENTERVILLE
guage in Red has
een added since the
ast time Council has
n this Proposed
dinance. The Ci
mey has
eviewed and is
. sfied with the
ew language.
STATE OF MINNESOTA
COUNTY OF ANOKA
ORDINANCE #77
An Ordinance regulating the Oean-up of Clandestine Drug Lab Sites and Chemical
Dump Sites within the City of Centerville, Minnesota and providing for the
administration and enforcement of such regulations.
The City Council of the City of Centervil1e ordains as follows:
Section 1. General Provisions.
1. Purpose and Intent. The purpose of this ordinance is to reduce public exposure
to heath risks where law enforcement officers have determined that hazardous
chemicals or residue from a suspected clandestine drug lab site or associated
dump site may exist. Professional reports, based on assessments, testing and
investigations, show that chemicals used in the production of illicit drugs can
condense, penetrate, and cont9minate surfaces, furnishings, and equipment of
surrounding structures. The City Council finds that such sites, and the personal
property within such sites, may contain suspected chemicals and residues that
place people, particularly children or adults of child bearing age, at risk when
exposed through inhabiting or visiting the site or using or being exposed to
contaminated personal property.
2. Interpretation and appDeation. In the interpretation and application of this
article, the provisions herein shall be construed to protect the public health, safety
and welfare. Where the conditions imposed by any provision of this ordinance
are either more or less restrictive to the public than comparable provisions
imposed by any other law, ordinance, statute, or regulation of any kind, the
regulations which are more restrictive or which impose higher standards or
requirements on the public shall prevail. Should any court of competent
jurisdiction declare any section or subpart of this article to be invalid, such
decision shall not affect the validity of the ordinance as a whole or any part
thereot: other than the provision declared invalid.
3. Fees. Fees for the administration of this ordinance may be established and
amended periodically by resolution of the City Council.
Page 10flO
Section 2. Definitions.
For the purposes of this ordinance, the following terms or words shall be interpreted as
follows:
ChDd - Shall mean any person less than 18 years of age.
Chemical dump site - Shall mean any place or area where chemicals or other waste
materials used in a clandestine drub lab operation have been located.
City - Shall mean the City of Centerville.
Clandestine drug lab sitesIWasteslSubstances - Shall mean any place or area where
law enforcement has determined that conditions associated with the operation of an
unlawful clandestine drug lab exist. A clandestine drug lab site may include dwellings,
accessory buildings, accessory structures, a chemical dumpsite, any land or personal
property which may include vehicle(s), boat(s), trailer(s), etc. Wastes generated from a
clandestine drug lab shall be treated, stored, transported or disposed of in a manner
consistent with Minnesota Department of Health, Minnesota Pollution Contro~ and
Anoka County Health Department rules and regulations.
Clandestine drug lab operation - Shall mean the unlawful manufacture or attempt to
manufacture a controlled substance.
Controlled substance - Shall mean any drug, substance or immediate precursor in
Minnesota Statute ~ 152.02 Schedules I through V together with any amendments or
modifications thereto. The term shall not include distilled spirits, wine, malt beverages,
intoxicating liquors or tobacco.
Manufacture, (in places other than a pharmacy) - Shall mean and include the
production, cultivation, quality contro~ and standardization, by mechani~ physi~
chemical or pharmaceutical means, and the packing, repacking, tableting, encapsulating,
labeling, relabeling, or filling or by other process of drugs.
Owner - Shall mean any person(s), firm(s), corporation(s) or other entity who or which
owns, in whole or in part, the land, building, structure, vehicle, boat, trailer or other
location associated with a clandestine drug lab site or chemical dump site.
Public Health Nuisance - All dwellings, accessory structures and buildings or adjacent
property associated with a clandestine drug lab site are potentially unsafe due to health
hazards and are considered a public health nuisance pursuant to Minn. Stat. ~ 463.15, et
seq.; ~ 463.15, et seq.; ~ 412.221, et seq.; and 145A01, et seq.
Page 2 of 10
Section 3. Declaration of Site and Contents as a Public Health Nuisance.
All dwellings, accessory structures, buildings, vehicles, boats, trailers, personal property,
adjacent property or other locations, associated with a clandestine drug lab site or
chemical dump site are potentially unsafe due to health hazards and are hereby declared
to be a public health nuisance pursuant to Minn. Stat. ~ 463.15, et seq.; ~ 463.15, et seq.;
~ 412.221, et seq.; and 145A01, et seq.
Section 4. Law Enforcement Action.
If law enforcement authorities determine the existence of a clandestine drug lab site or
chemical dump site, the site, and all personal property therein, shall be declared a public
health nuisance. Law enforcement authorities who identify conditions associated with a
clandestine drug lab site or chemical dumpsite which may place neighbors, the visiting
public, or present and future occupants of the site at risk for exposure to harmful
contaminants and other associated conditions are authorized to take the following action:
1. Promptly notify the State Duty Officer, Chemical Assessment Team (CAT),
Crime Lab, City Building Official or designee, child protection, public health
authorities and the appropriate enforcement division of the drug enforcement
administration of the U.S. Justice Department of the location of the site, local law
enforcement officials, and the owner ifknown, of the conditions found; and
2. Treat, store, transport or dispose of all wastes/substances generated from a
clandestine drug lab operation found at the site in a manner consistent with
Minnesota Department of Health, Minnesota Pollution Control and Anoka County
Health Department rules and regulations; and
3. Public Health Officials may issue a temporary declaration of public health
nuisance for the affected site and post a copy of the declaration on all doorway
entrances to the site or, in the case of bare land, post the declaration in several
conspicuous places on the property. This temporary declaration of public health
nuisance shall expire subsequent to the same authority and the City Building
Official or designee inspecting the site and determining the appropriateness of
issuing a after-the City Building Official or designee inspects the site and
determines the appropriateness of issuing a permanent declaration of public health
nuisance; and
4. The Chemical Assessment Team (CAT) and Crime Lab will notify all persons
occupying the site that a temporary declaration of public health nuisance has been
issued; and
5. Require all persons occupying the site to immediately vacate the site, remove all
pets from the site, and not return without written authorization from the City
Building Official or designee; and
Page 3 of 10
6. Notify all occupants vacating the site that all personal property at the site may be .
contaminated with dangerous chemical residue; and
7. Public Health Official or City Building Official or designee may put locks on
each doorway entrance to the site to prohibit people from entering the site without
authorization after all occupants of the site have vacated.
The obligation to promptly notifY the persons and Or8'lni7~tions mentioned above may be
delayed to accomplish appropriate law enforcement objectives, but only to the extent that
public health and child protection responsibilities are not unnecessarily compromised.
Section 5. Seizure of Prooertv.
When the clandestine drug lab site or chemical dump site is inside a vehicle, boat, trailer
or other form of moveable personal property, law enforcement authorities, upon the
direction of the Duty Officer, Chemical Assessment Team (CAT) and Crime Lab, shall
immediately seize it and not allow it to be transported except to a more secure location.
In such circumstances, all other requirements of this ordinance shall be followed as
closely as possible given the specific type of property in which the site is discovered.
Section 6. Action by City BuUdinl! Oftieial or DesiPl1ee.
1. Inspection and Declaration of Nuisance. Within 48 hours of notification that
law enforcement authorities have determined the existence of a clandestine drug
lab site or chemical dump site, the City Building Official or designee shall inspect
the site to determine the appropriate scope of a permanent declaration of public
health nuisance. Based on the results of the inspection, the City Building Official
or designee may then promptly issue a permanent declaration of public health
nuisance and a Do Not Enter-Unsafe to Occupy Order for the affected site to
replace the temporary declaration issued and posted by law enforcement. A copy
of the permanent declaration and order shall be posted on all doorway entrances
to the site or, in the case of bare land, shall be posted in several conspicuous
places on the property.
2. Abatement Order. After a permanent declaration of public health nuisance has
been issued and posted, the City Building Official or designee shall send written
notice to the site owner ordering abatement of the public health nuisance. The
abatement order shall include the following information:
a. A copy of the declaration of public health nuisance and Do Not Enter-
Unsafe to Occupy Order; and
b. Information about the potentially hazardous condition of the site; and
c. Notification of suspension of the site's rental license ifapplicable; and
d. A Sllmmary of the site owner's and occupant's responsibilities under this
ordinance; and
Page 4 of 10
e. Information that may help the owner locate appropriate services necessary
to abate the public health nuisance.
3. Notice to Concerned Parties. The Building Official or designee shall also mail a
copy of the permanent declaration of public health nuisance, a copy of this
ordinance, and a notification of the suspension of the site's rental licensees, if
applicable, to the following concerned parties at their last ~wn address:
a. Occupants or residents of the site if the identities of such persons are
known; and
b. Neighbors in proximity to the site who may be reasonably affected by the
conditions found; and
c. The City Administrator; and
d. The Community Development Director; and
e. The City Police Department; and
f The City Fire Department; and
g. The appropriate enforcement division of the Drug Enforcement
Administration of the U.S. Justice Department; and
h. Other City, State and Local authorities, such as the city Water Department,
the Minnesota Pollution Control Agency, the Department of Natural
Resources and any other agency or authority which is known to have
public and protection responsibilities that are applicable to the situation.
4. Modification or removal of declaratioD. The City Building Official or designee
is authorized to modify or remove the declaration of public health nuisance after
the Building Official or designee receives documentation from a City approved
environmental hazard testing and cleaning firm stating that the suspected health
and safety risks, including those of neighbors and potential dwelling occupants,
either do not exist or have been sufficiently abated or corrected to justify
amendment or removal of the declaration.
Section 7. Site Owner's ResOODSibHitv to Act.
Within ten (10) business days of the date the abatement order is mailed to the owner of
the site, the owner shall accomplish the following:
1. Provide the City Building Official or designee, City Administrator and City
Attorney with written notification:
a. That the owner has confirmed that all persons and their pets have vacated
the site; and
b. Of the name(s) of all children who the owner believes were residing at the
site during the time period the clandestine drug lab or chemical dump site
is suspected to have been at the site; and
c. That the site will remain vacated and secured until the public health
nuisance is completely abated as required by this ordinance.
Page 5 of 10
2. Contract with one (1) or more City approved environmental hazard testing and
cleaning firms to conduct the following work in accordance with the most current
Minnesota Department of Health guidelines:
a. A detailed on-site assessment of the extent of contamination at the site and
the contamination of the personal property therein;
b. Soil testing of the site and testing of all property and soil in proximity to
the site which the environmental hazard testing and cleaning firm
determines may have been affected by the conditions found at the site; and
c. A complete clean up of the site (including, but not limited to, the clean up
or removal of plumbing, ventilation systems, fixtures and contaminated
soil) or a demolition of the site and complete clean up of the demolished
site; and
d. A complete clean up, or disposal at an approved dump site, of all personal
property in the site; and
e. A complete clean up of all property and soil in proximity to the site which
is found to have been affected by the conditions found at the site; and
f Remediation testing and follow-up testing, including, but not limited to,
testing of the ventilation system and plumbing, to determine that all health
risks are sufficiently reduced, according to Minnesota Department of
Health guidelines, to allow safe human occupancy and use of the site and
use of the personal property therein and of all property and soil in
proximity to the site.
3. Provide the City Building Official or designee with the identity of the testing and
cleaning firm with which the owner has contracted for abatement of the public
health nuisance as required above; and
4. Sign an agreement with the City Building Official or designee establishing a clean
up schedule. The schedule shall establish reasonable deadlines for completing all
actions required by this ordinance for abatement of the public health nuisance. In
determining appropriate deadlines, the City Building Official or designee shall
consider practical limitations and the availability of contractors in approving the
schedule for clean up.
The site owner must meet all deadlines established on the clean up schedule. Also,
pursuant to the deadlines established by the clean up schedule, the site owner is required
to provide the City Building Official or designee with written documentation of the clean
up process, including a signed statement from a City approved environmental hazard
testing and cleaning firm that the site, all personal property therein and all property and
soil in proximity to the site, is safe for humlln occupancy and use and that the clean up
was conducted in accordance with the most current Minnesota Department of Health
guidelines.
Page 6 of 10
Section 8. Site Owner's ResDOnsibilitv for Costs.
The site owner shall be responsible for all costs, including those of the City, of dealing
with and abating the public health nuisance, including contractor's fees and the City's
costs for services performed in association with the clandestine drug lab site or chemical
dump site clean up. The City's cost may also include, but shall not be limited to:
1. Posting of the site; and
2. Notification of affected parties; and
3. Securing the site, providing limited access to the site, and prosecution of
unauthorized persons found at the site; and
4. Expense related t() the recovery of costs, including the assessment process; and
5. Laboratory fees; and
6. Clean up services; and
7. Administrative fees; and
8. Legal fees; and
9. Other associated costs
Section 9. City Action and Recoverv of Costs.
1. If the building owner fails to comply with any of the requirements of this
ordinance, the City Building Official or designee is authorized to take all
reasonable actions necessary to abate the public health nuisance including, but not
limited to, contracting with a City approved environmental hazard testing and
cleaning firm to conduct the work outlined in Section 7 of this ordinance.
The Building Official or designee is also authorized to provide a certified copy of
the declaration of public health nuisance to the lien and/or mortgage holder(s),
insurance company(ies) and with the Office of the Anoka County Recorder or
Registrar of Titles of the affected site to help assure that persons with interest in
the site have access to information about the declaration of public health nuisance.
Upon abatement of the nuisance as required herein, the Building Official shall
cause a notice of successful abatement and removal of the Declaration of Public
Health Nuisance.
2. If the costs to clean the site or to clean the personal property at the site are
prohibitively high in relation to the value of the site or the personal property, the
City is authorized to remove or demolish the site, structure or building and/or
dispose of the personal property therein. These actions shall be taken in
accordance with the provisions of Minnesota Statute Chapter 463 together with
any amendments or modifications thereto.
3. If the City abates or assists in abating the public health nuisance, in addition to
any other legal remedy, the City shall be entitled to recover all ofits out of pocket
costs as set forth in Section 8 above and an additional 25 percent of such costs for
administrative and legal expense. The City may recover costs by civil action
Page 70fIO
against the owner of the site or by assessing such costs as a special charge against
the site as taxes and special assessments are certified and collected pursuant to
Minnesota Statute ~ 429.101 or according to the provisions of Minnesota Statute
Chapter 463 together with any amendments or modifications thereto.
4. Nothing herein shall limit the authority of the City to enforce this ordinance or
seek any other legal remedy to abate the nuisance through declaratory action,
injunction, and nuisance declaration of otherwise.
Section 10. Recove" of Costs from Penons Causint! Dgma2e.
No provisions of this ordinance are intended to limit the site owner's, residents' or the
City's right to recover costs incurred under this article from either the persons
contributing to the public health nuisance, such as the operators of the clandestine drug
lab, and/or from other lawful sources.
Section 11. Site Owner and Address.
When the site is real property and the owner or the address of the owner of the site is
unknown, the owner and the owner's address is deemed to be that of the property's
taxpayer's name and address as that information is maintained by the County Auditor's
Office. When the site is a vehicle, boat or trailer and the owner or the address of the
owner of the site is unknown, the owner and the owner's address is deemed to be that of
the person on file as the owner on the current or most recent title to the vehicle, boat or
trailer.
Section 12. Sosueosion of Residential Rental Certification.
Upon issuance of a permanent declaration of public health nuisance, any residential
rental certificate issued by the City for the site, or any part thereof: is hereby declared to
be immediately suspended pending full compliance with this ordinance.
Section 13. Unauthorized Removal of Postina.
It is unlawful for any person, except authorized City personnel or Public Health Officials,
to remove postings designating a temporary or permanent declaration of public health
nuisance and/or Do Not Enter - Unsafe to Occupy Order from a chemical dump site or a
clandestine drug lab site.
Section 14. Entrv Into or Onto Site.
While a declaration of public health nuisance for an affected site is in effect and has been
posted at the site, no persons are permitted to be inside the site, or on the site property
without prior written consent of the City Building Official or designee or as otherwise
authorized by this ordinance. To confirm compliance with this ordinance and to execute
their duties under this ordinance, law enforcement officers, the City Building Official or
Page 8 ofl0
~
designee, and any persons designated by the Building Official or designee, may enter
onto the site property or enter into the site at any time while a declaration of public health
nuisance is in effect for the site. .
Section 15. Removal of Penonal PrQoertv from the Site,
While a declaration of public health nuisance for an affected site is in effect and has been
posted at the site, no personal property may be removed from the site without prior
written consent from the City Building Official or designee. Consent to remove personal
property shall only be granted at the reasonable discretion of the Building Official or
designee, and only in cases of hardship after:
1. A City approved environmental hazard testing and cleaning firm has advised the
City, in writing, that the item(s) of PeI'SOIlal property can be sufficiently cleaned
to remove all harmful contamination; and
2. The owner of the personal property agrees in writing:
a. That the owner is aware of the danger of using the contJlminJlted property;
and
b. That the owner will thoroughly clean the property to remove all
coonunination prior to the use of the property; and
c. That the owner releases and agrees to indemnify the city, its Staft: and the
City Council from all liability to the owner and/or third persons for
injuries or damJ\ges caused, or alleged to have been caused, by the
contJlminated property.
Section 16. City Council Review/Rie:ht to ADoeaI.
The owner of the property or any party with a legal interest in the property who has been
issued a Declaration of Public Health Nuisance. an Order for Abatement. or a Statement
of Public Costs may appeal to the City Council. The ap-peal shall be in writing. filed with
the City Clerk and Anoka County Community Health and Environmental Services.
specifying the grounds for the appeal and the relief requested. The appeal must be filed
within ten (10) days of the issuance of the item from which appeal is taken. The City
Council shall hear the appeal at the next available City Council meeting. Upon review.
the City Council may affirm. modify or reverse the action taken. The filing of an appeal
shall sus.pend the terms of the Declaration of Public Health Nuisance. Order for
Abatement. or Statement of Public Costs. whichever is applicable. However. in the
instance of an appeal from an Order for Abatement. the appeal shall not sus.pend that part
of the order prohibiting occupancy of the property.
Section 17. Violations and Penalties.
Page 9 of 10
~
Any person violating any provision of this ordinance is guilty of a misdemeanor and upon
conviction shall be subject to the penalties set forth in Minnesota Statute ~ 609.02, Subd.
3.
Section 18. Effective Date.
The effective date of this Ordinance shall be after its passage and publication according
to law.
Adopted by the Centerville City Council this
Mayor, Teny Sweeney
City Clerk
Published in the Quad Community Press on
Page 10 of 10
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Bonestroo
RO$ene
Anderlik &
Associates
Bonestroo, Rosene, Anderllk and Associates, Inc. Is an AffIrmatIve Action/Equal OpportunIty Employer
and Employee Owned
PrIncipals: Otto G. Bonestroo. RE. . Marvin L Sorvala. P.E. . Glenn R. Cook. P.E. . Robert G. Scnunlcht. RE. .
Jerry A Bourdon. RE. . Mark A. Hanson. RE.
SenIor Consultants: Robert W. Rosene. RE. . Joseph C. Anderllk. P.E. . Richard E. furner. P.E. . Susan M. Eberlin. C.P.A.
Associate PrincIpals: Keith A Gordon. P.E. . Robert R. Pfefferle. RE. . Richard W. Foster. RE. . David O. Loskota. P.E. .
Michael T. Rautmann. P.E. . Ted K. Reid. RE. . Kenneth P. Anderson. RE. . Mark R. Rolfs. RE. . DavId A. Bonestroo. M.B.A. .
Sidney P. Williamson, P.E., LS. . Agnes M. Ring. M.B.A. . Allan Rick Schmidt. P.E. . Thomas W. Peterson. P.E. .
James R. Maland, P.E.. Miles B. Jensen. P.E.. L Phillip Gravel III. P.E.. Daniel J. Edgerton. P.E. . Ismael Martinez. P.E. .
Thomas A. Syfko, RE. . Sheldon J. Johnson. Dale A Grove. RE. . Thomas A Roushar. RE. . RobertJ. Devery. RE.
OffIces: SI. Paul. SI. Cloud. Rochester and Wlllmar. MN . Milwaukee, WI . Chicago. IL
Webslte: www.bonestroo.com
Engineers & A,rchltects
November 26, 2003
\\~ \\\ -
Kim l\f90re ~yk~~.'.
Gity ofq~terVUle..
1880 Mam Street . '. "" .
,'dertteI'vlli~,.MN>SSOj8..9194
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OnNovemberlr'2(jb3"/'H):"b'~s~'~'; "'llii1hii~J'hIiica.lfirms askin for cost
':'~i...",-,.-,_ ,." -~:'<'~~:>, t , P P\~~:1f/J.~,''';~:' -'~'... ::'J~~::~-',:\~/A'::='~'!~'~W~._~(: :;,;.:m;~J.:;~:i:__.rT\ _ - g
quotes to p~otm 15 soil borings~;.:W e'~'f,~~~~~!;:~;tl~~~~?m all three:
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.' 2nd STS ~onsu1~ts, L!d. t}"~:i~!;.. -$j~~ll;PJtl~~~!iS?~~;~t1;::~~~;;~~~;~:~;{,~,
3rd Amencan Engmeenng Testii).g,.Inc, $4 900.~'f~ .:i :,~,;~,:;.::,..,.}~:t.,":;.
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/t\~~~j~,~,f~r oftbe ,131;3-00 Intertec proposil~~z~t recoFendthg,~!~)~,t~~R~,eccept
;~!~~:~l~p~.~st of $3~J?'OO to perform the~~~sary work. Please,;!~ll:Q~J;~~~.~?~d
l~w~~.~g~~!9.~r.~~ .and mY~,~~t,Workcan begm m.~~Iy December. . ':"y':g;),~~;T'"
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BONESTROO ROSENE ANDERLlK & ASSOCIATES, INC,
1~&l<JN'~...'" "',
Thomas W. Peterson
TWP:crw
Attachments
Copy: Keith Rosvold, Braun Intertec
2335 West Highway 36. St. Paul, MN 55113.651-636-4600. Fax: 651-636-1311
BRAQN
I NTE RTEC r-
Braun Infert~ Corporation
245 East Roselawn Avenue
St. Pou/, MN 55117
November 18, 2003
Phone: 651.487.3245
Fax: 651.487.18 12
Web: brauninlertec.coin
Proposal BBXX-03-MKTG~597
Mr. Thomas W. Peterson
Bonestroo, Rosene, Anderlik and Associates, Inc.
2335 West Highway 36
St. Paul, MN 55113
Dear Mr. Peterson:
Re: Proposal for Geotechnical Evaluation, Proposed 2004 Roadway and Utility
Improvements, Centerville, Minn~sota"
Braun Intertec is pleased to furnish this proposal for a geotechnical evaluation for the proposed
roadway apd utility improvements in Centerville, Minnesota; We will furnish the services
,described in our attached scope of services for a lump sum cost of $ 3,317.00.
We anticipate the 1ield work for this. project can be started within approximately one week of
receipt of authorization to proceed and should be completed in about orie day. Approximately
two weeks will be required for laboratory testing anq preparation of our engineering report~
Verbal results 'and recommendations will be reported to you during and afteF completion of the
drilJing program. '
We appreciate the opportunity to present this proposal. 'If acceptable after your review, please
sign the Signature Page of the copy and return mail or faX the entire docum,ent, including the
General conditions, to ~ as authorization to proceed.
If there are questions regarding this proposal, please call Joel Kurpius at '(651) 487-7006 or Keith
Rosvold at (651) 4'87-7012. We look forward to be~g part of the project team; .
Sincerely,
Attachments:
Scope of Services
General C~nditions
B3m5?7
· Providing imgtneeringand environmental solutions since 1957
,
.
. .
, aonestroo, Rosene, Anderlik and
Associates, Inc.
Proposal BBXX-03-MKTG.597
November 18, 2003
Page 2
Project Proposal
Description and Understanding of Project
On behalf of the City of Centerville,.Bonestroo, Rosene, Anderlik, and Assocaites, Inc., has
, requested fifteen (IS) soil borings and a geotechnical evaluation for a proposed 2004 roadway
reconstruction project. We understand that the project will include pavement reconstruction and
utility installation.
Proposed Scope !Jf Services
We have. identified several work tasks that will need to be performed to complete the
geotechnical evaluation for this project. The tasks are summarized in the paragraphs below.
"
Task 1: Staking Borings and Clearing Utilities. Braun Intertec .will stake the borings and
coordinate the clearing of public utilities.' '
. '
Braun Intertec will contact Gopher State One Gall and request they notify the appropriate utility
vendors to clear the underground utilities. We request you or your authorized represe,ntative,
notify Braun Intertec.immediately of the presence an~ location of any underground objects C?r
private utilities that are not the responsibility of public agencies. Braun Intertec will take
, reasonable precautions to avoid underground objects. '
. '
, Task 2: MobUization/Demobilization and Drilling. As requested, we propose to complete
fifteen (IS) standard pene~on borings at th~ approximate locations shown on the sketch
provided to us. Penetration tests will be performed at 2 Vz-foot vertical intervals. ,If groundwater
is encountered in the borings, the depth were water was encountered will be recorded on the
boririg logs. We assume the boring locations are accessible to a truck-mounted drill rig., Our
field crew may alter the boring locations from those proposed to facilitate accessibility (due to
over-head utility lines, undergr6und utility lines, parked vebJcles, etc;) ,
If site conditions c~an~e, such as excessive snow, we have, assumed that provisions will be made
by the City to facility accessibility (snow removal).
If existing fill or organic materials are found in the boring~ at depth, it may be 'necessary to
extend the borings ~ough these materials. In such cases, the borings would be extended about 5
feet into nativemin,eral soil deposits. This extra billing is necessary for us to evaluate potential
excavation depths and soil consolidation characteristics. If deeper borings are needed, we will.
contact you for authorization.
The cost for this task includes support truck and drill rig rental, mileage and travel time for the.
crew.
Bonestroo, Rosene, Anderlik and
Associates, Inc.
Proposal BBXX-03-MKTG.597
November 18,2003
Page 3
Task 3: Borehole Abandonment and Pavement Patching. Minnesota Well Code requires that
all borings (including borings drilled for geotechnical pUrposes) meeting the criteria of an
environmental bore hole (EBH), generally-those greater than 25 feet, be properly sealed so as not
to pose a future hazard to the groundwater. Upon completing each boring, borings that meet the
defmition ?f an IBH will be properly sealed. Otherwise, they will be baGkfille~ with drill cuttings.
If needed, the cost for sealing the borings is $3.00 per foot. Pavement areas will be patched with
bituminous.
Task 4: Soil Laboratory Tests. Samples will be returned to our laborato1)' when they will be
visually classified and logged by a geotechnical engineer. Some routine laborat<?ry tests may be
.conducted to assiSt in classifying the soils and evaluating their stret;lgth and compressibility.
Potential tests include moisture content, 200 wash and Atterberg Limits. . We have budgeted f~r.
six moisture content tests and three mechanical analyses.
Task 5: Geotechnical Analysis and Engineerlng Reports. Data obtained from the borings will
be used to evaluate soil and groundwater conditions and develop recommendations for site
grading, foundation design, lateral earth pressures for design offoundation walls and pavement.
'design. Our report will included, but.not Pe limited to:
. A sketch sho~ the boring locations,
. A Log of Boring sheets describing the ma~e~als encountered,
. A discussion of the soil and groundwater ponditions,
. Recommendations for re-use of on-site material,
. Excavation 9haracteristics and stability,
. " An estimated R-value and.
. Recommendatio~ for design of pavements.
Two original reports will be submitted to you. Additional copies can be provided if reques~ed.
. Cost Summary
We will furnish the services described in this proposal for a Lump Sum cost of $3,317.00. The
.approximate cost"for each task is shown in the attached Lump Sum Estimate for Geotechnical
Services.
After you have reviewed our proposal and costs for the various tasks, we will be happy to meet
with you and discuss our scope of services, pro-vided clarification of the work tasks, or discuss
"how the work scope may be adjusted to meet your budget ~equirements.
. .
, Bonestroo, Rosene, Anderlik and
Associates, Inc.
Proposal BBXX-03-MKTG.597
November 18, 2003
Page 4
Signature Page
Re: Proposal for Geotechnical Evaluation, ,Proposed 2004 Roadway and Utility
Improvements, Centerville~ Minnesota.
Braun ~tertec appreciates ~e opportunity to present. this proposal to you. It is being presented in
duplicate so if it is acceptable, the original can be retained for your records and the copy can he
signed and returned to lIS in its entirety as wri~en authorization to' .l.'roce~ or as aconfumation
of you verbal authorization. We will begin the project in accordance with our schedule, ~pon
receipt of you authorizatioIi. '
The estimated cost of$3,~17.00presented in this proP9sal is balled OQ the scope of serVices
described in this proposal and the assumption that the proposal will be authorized within 30 days
and th~ project will be' completed within the prop9sed schedule. If the project is not authorized'
, within 30 days, we m~y need to inodify the proposal.'
Payment for services is due upon receipt of invoice, with interest added to UIlpaid balances after
30 days, in. accordance with the atbJ,ched General Conditions, which!l1"e part of this proposed'
contract.
Authorization to Proceed:
. Please proceed accoicIing to the descn"bed scope of services an~ General Conditions.
Date:
Client Name: .
Authorized Signature:
Tjt1e:
Phone Number:
Fax Number:
I .
BRAUN
INTERTEC
Lump Sum Cost Estimate for Geotechnical Services
Proposal #.: BBXX-03-MKTG.59i
DesCription: Proposed 2004 Roadway ane!. Utility Improvements
Location: Centerville, Minnesota .
Client Bonestroo, Rosene, Anderl:ik and Associates, Inc.
Date: November 18, 2003
PROJE€T SCOPE'
. SPT BORINGS
," . ..-' .':..; .' ~.;,.
too
3.0 hours
1tri
. P
Subtotal
TASK 1'. ST.AKE BORINGSIU'tILrrIES' ",
1005 Stake Borin slUtilities
1861 Trip Charge
,. ~ ."
".',. "
"
.1004
1005
1060
1054
92 hours'
1.0 hours .
30 miles.
30 miles
Subtotal.
1 745.00
126.00
36.00
28.00
1,935.00
'(';A{1l/i~~6~;~~!~~.~~~fff~~~~~~t.."..
1020 Grouting
ASTM C 117 or D 1140
ASTMD2216
3 t~
6 tests
Subtotal
TASK 4 . LABORATORY.TESTING' . .
1166 200 Wash
1152 Moisture Content
. . . . . . .
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I' .~
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8.0 hours .
1.0 hour
1 sketch
0.5 hours
2.0 hours
Subtotal
TASK 5
226
228
3753
371
140
Total Lump Sum' Cost '$ 3,317.00 I
BBXX-Q3-MKTG.597
Bonestroo. Rosene. Anderlik and Associates, Inc.
I'
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General. Conditions
BRAUN
lNTERTEC
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Our agreement with you consists of these
General Conditions and the accompanying
written proposal or authorization.
Section 1:
Our Responsibllities
1.1 We will provide the professional
servicesspecifica1ly described in our written
agreement with you. You agree that we are not
responsible for professional services that are
not fairly included in our specific undertaking.
Unless otherwise agreed in writing. all of our
record findings. opinions. and
recommendatil;)ns will be provided to you in
writing. You agree not to rely on oral findings.
opinions. or recommendations without our
written approval.
1.2 In performing our services. we will
use that degree of care and skill ordinarily
exercised under similar circumstances by
reputable members of our profession
practicing in the same locality. If you direct us
to deviate frOm our recommended procedures~
you agree to hold us harmless from all claims.
damages. and expenses arising out of your
direction.
1.3 We will reference our field
observations and sampling to available
reference points, but we will not survey. set,
or check the accuracy of those points unless
we accept that duty in writing. It is understood
that locations of field observations or
sampling descn"bed in our report or shown on
our sketches are based on information
. provided by others or estimates made by our
'pI!rsonnel. You agree that such dimensions,
depths, or elevations are approximations
unless specifically stated otherwise in the
report. You accept the inherent risk that
samples or observations may not be
representative of things not sampled or seeD
and. further. that site conditions may change
over time.
1.4 Our duties do not include
supervising your contractom or commenting
on, overseeing, or providing the means and
methods of their work, imIess we accept such
duties in writing. We will not be responsible
for the failure of your contractoIS to perform
in accordance with their undertakings. and the
providing of our services will not relieve
others of their responsibilities to you or to
othem.
1.5 We will provide a health and safety
program for our employees. but we will not be
responsible for contractor. job. or site health
or safety unless we accept that duty in writing.
1.6 Our estimates of construction or
remediation costs will be based on informa-
tion available to us and on our experience and
knowledge. Such estimates are an exercise of
our professional judgment and are not
guaranteed or warranted. Actual costs may
vary. You should allow a contingency in
addition to estimated costs.
Section 2:
Your Responsibllities
2.1 You will provide access to the site.
In the course of our work some site damage is
normal even when due care is exercised. We
will use reasonable care to minimize damage
to the site. We have not included the cost of
restoration of normal t1amage in the estimated
charges. We will correct normal damage at
your direction and expense.
2.2 You agree to provide us, in a timely
manner. with information that you have
regarding buried objects at the site. Until we
have completed our work, you agree to
provide us with all of your plans. changes.in .
plans, and new information as to site
conditions. We will not be responsible for
locating buried objects at the site unless we
accept that duty in writing. You agree to hold
us harmless from all claims. dam!lges. losses,
and related expenses involving buried objects
of which you had knowledge but did not
timely call to our attention or correctly show
on the plans you or others on your behalf
furnished to us.
2.3 You will be responsible for the
cooperation of your employees and your
contnictom in observing all radiation safety
standaros after we notify you that ISdiographic
or gamma my equipment or anothe.r nuclear
testing or measuring device will be used.
2.4 .. You will notify us of any knowledge
or suspicion of the 'presence of hazardous or
dangerous materials in a sample provided to
us. You agree to provide us with information
in your pOssession or control relating to
contamination at the work site. Ifwe observe
or suspect the presence of con~ not
anticipated in our agreement, we may
terminate our work without liability to you or
to others, and we will be paid for the services
we have provided.
2.5 Neither this agreement nor the
providing of services will operate to make us
an owner. operator. generator. transporter,
treater. storer. or a disposal facility within the
meaning of the Resource Conservation
Recovery Act, as amended. or within the
meaning of any other law governing the
handling. treatment, storage. or disposal of
hazardous 1:nateria1s. You agree to hold us
harmless and indemnify us from any such
claim or loss.
2.6 Drilling, well installation, and
remediation services may involve risk of
cross-contamination of previously
uncontaminated air. soil, and water. If you are
requesting that we provide services that
include this risk, you agree to hold us
harmless and indemnify us from cross-
contamination claims and damages. unless the
loss is caused by our negligence.
2.7 You agree to make disclosures
required /)y law. In the event you do not own
the site, you acknowledge that it is your duty
to inform the owner of the discovery or
release of contaminants at the site. You agree
to hold us harmless and indemnify us from all
clajms related to disclosures made by us that
are required by law and from all claims reIllted
to the informing or failure to inform the si~
owner of the discovery of contaminAnts. .
Section 3:
Reports and Records
3.1 We will furnish reports to you in
duplicate. We will retain analytical data for
seven yeam and financial data for three yeam.
3.2 All samples remaining after tests are
conducted and field and laboIStory equipment
that cannot be adequately cleansed of
contaminants are and continue to be your
property. They will be discarded or returned to
you, at our discretion, unless within 15 days
of the report date you give us written direction
to store or transfer the materials at your
expense.
3.3 Our reports. notes, calculations. and
other documents and our computer software
and data are instruments of our service to you,
and they remain our property but are subject
to a license to you for your use in the related
project for the pmposes disclosed to us. You
may not transfer our reports to oth~ or use
them for a pUIpOse for which they were. not
prepared without our written approval. which
will not be unreasonably withheld. At your
request. we will provide endomements of our
reports or letters ofreIiance. but oniy if the
recipients agree to be bound by the terms of
our agreement with you and only ifwe are
paid the administrative fee stated in our then
. cmrent Schedule of Charges. .
. Providing engineering and enWonmental solutions since 1957
3.4 lfyou do not pay for our services as
agreed. we may retain all work not yet
delivered to you and you agree to return to us
all of our work that is in your possession or
under yom control. You agree not to use or
rely upon om work for any pmpose
whlltsoever until it is paid for in full
Section 4:
Compensation
4.1 You will pay for services as agreed
upon or according to our then cmrent
Schednle of Charges ifthere is no other .
written agreement as to price. An estimated
cost is not a firm figure. You agree to pay all
sales taxes and other taxes based on yom
payment of om compensation. Our
perfOl1Illlpce is subject to credit approval and
payment of lU1Y specified retainer.
4.2 You will ~otify us of billing disputes
within 15 days. You will pay all undisputed
portions of invoices on receipt You agree to
pay ~terest on unpaid balances beginning 30
days after invoice dates at the rate of t.5% per
month, bUt not tQ exceed the I!18Ximum rate
allowed by law.
4.3 If you direct us to invoice another.
we will do so, but you agree to ~ responsible
for our compensation unless you provi~ us
'with thatpersqn's written acceptance ofall
, I .
terms of our agreement and we agree to extend
credit to that person and to release you.
4.4 You agree to compen$ate us for our
reasonable fees and expenses ifwe are
~ to respond to legal process arising
out of a proceeding related to the project and
as to which we are not a party.
4.5 Ifwe are delayed by factors beyond
om control; or if proj~ conditions or the
. scope or amount of work change, or if
changed labor union conditions result in
increased costs, d~ efficiency, or '
delays', or if the standards or methods change,
we wilL give you timely notice and we will
receive an equitable adjustment of our
. compensation.lfyou and We do not reach
agniement on such compensation within 30
days of our w$en application, we may
terminate without liability to you or others.
4.6. If you fail to pay us within 60 days
fonowing invoice date, we may consider the
default a total breach of om agteement and. at
om option, terminate all of om dnties without
liability to you or to o~ers.
4.7 In consideration of our providing
insmance to cover claims made by you, you
hereby waive any right of offset as to fees due
uS.
.'.-" .;.; ~\:.:;~'!
Section 5:
Disputes, Damage, and
RiskAUocation
5.1 Disputes' will be submitted to
Alternative Dispute Resolution (ADR) as a
condition precedent to litigation. Each of us
will ex;ercise good faith efforts to resolve
disputes through a mutually acceptable ADR
procedure. Collections will not be submitted
toADR.
5.2 We will not be liable for special.
incidental, consequential. or punitive
damages, including ~ not limited to those
arising ~ delay, loss of use, loss of profits
or revenue, loss of fjnancing commitments or
fees, or the cost of capital.
5.:) We will not be 'liab~e for damages
unleSs suit is commenced within two years of
'the' date of injury or loss or within two years
ofthe,~ of the C9mpletion of out services,
whichfiWer is earlier. Wt; will not be liable
unlesS you have'llotified us of the cnscovexy of
the claimed breach of contract, negligent act
or omission within 30 days of the date of
\ discOvc:ry and ~ess you have given us an
OJlPOrtunity to iDvesiigate and to recommend
ways C?fmitigating damages.
5.4 , , FOr you, to obtain the benefit of a fee
whic;h includes a reasonable allowance for
risks, you agree that our aggregate liability
will. not exceed the fee paid for pur services pr
S50,OOO;whichever is greater, and you agree
to ~demnifY us from all liability to others in
excess of that ~ount lfyouare unwWing to
accept this alloc;ation ofrisk. we will increase
om aggregate liability to $100,000 provided
that. within 10 days of the date of this
agreement. you provide payment in an amount
that will increase om fees by 10010, but not less
than $590. to compensate us for the greater
risk un~erlaken. this increased fee is not the
pmchase of insunuice.
5.5 . if you do not pay us within 60 days
of invoice date, or if you make a claim against
US that is resolved in our favor, you agree to
~~.~~ ~x,penses, including but not
. ~ied to attorney fees, staff time, expert
WitneSs fees, and other costs of conection or
Htigmon.
5.6 The law of the state in which our
serviciIig ofQce,is located will govern all
disputes. Each ofus waives trial by jury on
our own behalf and on behalf of our
subcontractors and assigna.
.'
" c. , ..
Section 6:
General Indemnification
6.1 We will indemnify and hold you
harm1eSs from and against demands, damages,
and expenses to ~ comparative extent they
are caused by om negligent acts or omissions
or those negligent acts or omissions of persons
for whom we are legally responsible. You will
indemnify and hold us harmless from and
agaipst demands, damages, and expenses to
the comparative extent they are caused by
your negligent acts or omissions or those
negligent acts or omissions of persons for
who~ you are legally responstble.
6.2 To the extent it may be necessmy to
indemnify either ofus under Section 6.1, you
and we expressly waive, in favor of the other
only, any immunity or exemption from
liability that exists under any worker
compensation l&w.
6.3 Yo~ agree to indemnify us against
all loss and Costs arising out of claims of
patent or copyright infringement as to any .
process 01," system that is specified or selected
by you or by others on your behalf.
Section 7:
Miscellaneous ProvWons
7.1 We will provide a certificate of
insmance to you upon request
7.2 lbiS agreement is om entire
agreement It supersedes all prior agreements.
It may be modified only in a writing making
Specific reference to the provision modified.
7:J Neither ofus will assign or transfer
. any interest. any claim, any cause of action. or
any right against the other under this
agreement Neither ofus will assign or
otherwise tiansfer or encumber any proceeds
or expected proceeds or co~pensation from
the project or project claims to any third
pers~ whether directly or as collateral or
oth~.
7.4' . Thisagreement'maybeterminated
early only in writing. We will receive an
equitable ad~erit of our compensation in
the event of early termination.
7.5 It is custoJJ1!!l'Y for the consultant
that provides design recommendations to qe
. retained to provide observation and related
services during construction or remediation
wbrk. lfwe are not retained to provide
continuing services, you agree to hold us
harmless from all claims, losses, and expenses
arising out of any ~retations.
clarifications, snbstitutions, or modifications
of om work provided by you or others.
.1.'..
. ~'~_'-f._~:~:-:-\
,Revised 3-1-03.,-,.
ervi{{e
Tsta6[isfiet[ 1857
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF CENTERVILLE
1880 !Main Street . CenteT'lJifkJ M9l. 55038
(651) 429-3232 .!f~ (651) 429-8629
RESOLUTION #03 - 069
A RESOLUTION APPROVING THE AMENDED AND RESTATED JOINT
POWERS POLICE DEPARTMENT CONTRACT FOR THE CITIES OF
CENTERVILLE, CIRCLE PINES AND LEXINGTON, MINNESOTA
WHEREAS, pursuant to Council reviewing the presented Exhibit A and .discussing
same; and,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF CENTERVILLE, MINNESOTA:
1. The Council directs the Mayor and City Administrator to enter in
to this binding contractlJoint Powers Agreement and sign same on
behalf of the City of Centerville. "
PASSED AND ADOPTED by the City Council this 10th day of December, 2003.
Mayor
Attest
City Clerk
AMENDED AND RESTATED
JOINT POWERS POLICE DEPARTMENT CONTRACT (;lTlliS OF CENTERVILLE,
CIRCLE PINES AND LEXINGTON MINNESOTA
This contract is entered into this 1st day of January 2004, by and between the City of
Centerville, hereinafter referred to as "Centerville," and the City of Circle Pines, hereinafter
referred to as "Circle Pines," and the City of Lexington hereinafter referred to as "Lexington", all
municipal corporations located in the State of Minnesota, County of Anoka, sometimes
hereinafter referred to collectively as ''member cities".
WHEREAS, Centerville, Circle Pines and Lexington desire to establish, equip and
operate a joint powers police department 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, SOOd. 2, hereinafter referred to as
the "Governing Board" to control and supervise the administration of the joint police department.
NOW, THEREFORE, IT IS HEREBY AGREED as follows:
SECTION I
GENERAL PURPOSE
The purpose of this agreement is to maintain an organization to jointly and cooperatively provide
community policing that focuses on crime and disorder through the delivery of police services
that includes aspects of traditional law enforcement, as well as prevention, problem solving,
COIDli1unity engagement and partnerships. The area to be serviced is the corporate limits of the
member cities.
SECTION n
DEFINITIONS
2.1 Dq>artment: Department is the police department created by this agreement for the purpose
of providing police protection services.
2.2 Financial Accounting: Financial accounting includes preparation of reports, bill lists and
audits for the purpose of providing a depiction of the financial status of the department.
2.3 Financial Default: Financial default occurs when any member is more than 90 days
overdue for its monthly payment to the department.
2.4 Non-Budgeted Expenditures: Non-budgeted expenditures are expenditures not listed in
the agreed upon budget and/or expenditures in excess of the agreed upon budget.
2.5 Rules and Regulations: Rules and regulations are the policies and procedures adopted by
the Goveming Board governing the action of the Governing Board and its employees.
- 1 -
2.6 Boundaries: The area within the corporate limits of the cities which are parties to this
Joint Powers Agreement, as adjusted in the future, whether by annexation or otherwise.
2.7 Operations Committee: Means a committee, made up of the ailministrators from each
Member City and the Police Chief as an Ex-Officio member>-that meets for the purpose of
providing day to day oversight and coordination of the Police Department operation, supervision
and support of the Police Chief: and advice and counsel to the Governing Board
SECTION ill
ORGANIZATION
3.1 Establishment. There is hereby established the ''Departmenf' to be managed through a three
(3) tier system. The management tiers will be as follows: A Governing Board, Operations
Committee and a Chief of Police.
The Chi~f of Police is an appointed position. Appointment and contract require the
approval of all member cities. In the event that the member cities are unable to agree on a person
to fill the position of Chief of Police, the Governing Board by majority vote shall appoint an
acting Chief of Police. Specific personnel issues for the Chief of Police will be covered by the
contract and/or Rules and Regulations Policies - Joint Powers Police Department, adopted by the
Governing Board.
3.2 The Board meeting will rotate between the member cities or an agreed upon
location.
3.3 Quorum. Four (4) of six (6) regular Governing Board members during special or quarterly
meetings shall constitute a quorum, provided that at least one (1) Governing Board member shall
be present from each city. In the event of financial default, the quoruin will be reduced to three
(3) Governing Board members present, with at least one (1) from each city not in default.
Governing Board members from cities in default shall not count toward a quorum.
3.4 Voting. Each Governing Board member present at the meeting shall be entitled to one (1)
vote. Unless otherwise provided in this agreement, the Governing Board may take action on any
issue by a majority vote of those members present and entitled to vote at a duly called meeting,
subj ect to the quorum requirement of Section 3.3.
There shall be no voting by proxy. Votes must be cast at a Governing Board meeting by a
Governing Board member. Governing Board members from cities in financial default are not
eligible to vote.
3.5 The parties agree that there shall be established a Governing Board consisting of six (6)
members to be selected as follows:
a) Two elected officials to be appointed by each City Council of each member city,
according to the procedure which each Council shall determine.
-2-
b) Elected officials selected pursuant to subsection (a) above, shall serve a minimum
term of one (1) year. Officials may be re-appointed to serve additional terms.
c) The Governing Board chairperson shall be selected from the appointed elected
officials on an annual basis, with the Chairperson rotating among member cities.
d) The city councils shall appoint board members under subsection (a), within thirty (30)
days after execution of this agreement. The Governing Board chairperson shall be
appointed within sixty (60) days after execution of this agreement.
e) Vacancies in Governing Board membership shall be filled within sixty (60) days.
3.6 The Governing Board shall be governed by the following rules:
a) The chairperson appointed shall preside at all meetings of the Governing Board. The
chairperson is a full member of the Governing Board and may vote on any issue.
b) Regular meetings shall be scheduled by the Governing Board and shall be held at any
of the parties' city halls and shall be open to the public. Regular meetings shall be
held at least once per quarter at a time to be determined by the Governing Board.
c) The chairperson shall have the power to call special meetings of the Governing Board
by giving written notice of the meeting to each member and to the mayor and city
administrator of each city. Said notice shall contain the date, time, place, and purpose
of the special meeting. Such meeting shall be called in compliance with the Open
Meeting Law. The chairperson shall also call a special meeting if requested by a
minimum of one Governing Board member from two separate member cities.
SECTION IV
OFFICIAL ADDRESS
Joint Powers Governing Board Office. The office of the Governing Board shall be 200 Civic
Heights, Circle Pines, MN 55014 or such other locations as the Governing Board deems
necessary. All notices to the Governing Board shall be delivered or served at said office.
SECTION V
POWERS DUTIES AND OBLIGATIONS OF THE
GOVERNING BOARD
~
5.1 Powers. The Governing Board shall have and is hereby given all powers, duties and
obligations enumerated in this agreement, and all such further powers necessary to carry out the
intent and purpose of the Department with respect to acquisition of property and operation of the
Department heretofore set forth, including the following:
-3-
1) To employ and determine the terms of employment of administrative and other
personnel, accountants, consultants, legal counsel, and other qualified personnel,
except as provided in this Agreement.
2) To cause reports, plans, studies and recommendations to be prepared.
3) To lease or purchase equipment and supplies necessary for the proper operation, care,
maintenance, and preservation of Department facilities and equipment, except as
otherwise provided in this Agreement, and subj ect to the budget as approved by
member cities.
4) To adopt Department bylaws, rules and regulations for the operation, maintenance
and use of the Department personnel services, equipment and facilities.
5) to enter mutual aid agreements with other organizations with similar purposes.
6) To recommend disposal of capital equipment, as hereinafter defined, and land.
7) To provide policy and guidance for the governance of the joint powers police
department. The Governing Board shall have the power to appoint, promote, suspend
and remove officers and employe~s of the joint powers police department as
hereinafter provided.
8) To sell or lease any of its equipment as may be deemed expedient.
9) To establish a yearly budget for police services pertaining to the Department, which
budget shall require approval by the City Councils of each of the member cities, per
Section vn of this Agreement.
10) To act as agent for receipt, custody and disbursement offunds, gifts or other funds
paid or given by the contracting cities on behalf of, or, for the use of the Department.
11) To act as agent for any contracts of indebtedness and loans made in the names of the
contracting cities for the benefit of the Department.
12) To cause an annual audit to be made of all its accounts, books, vouchers and funds.
13) To recommend appointment of a Chief of Police. The appointment of the Chief of
Police shall be subj ect to the approval of the City Councils of all member cities.
14) In exercising its powers under this Section, the Governing Board shall adopt and be
governed by the rules and regulations known as ''Rules and Regulations - Joint Powers
Police Departmenf', a copy of which shall be attached to this Agreement. The rules
and amendments to the rules must be provided to all City CoUncils.
15) Direct any revenues received from fines for criminal violations or cost of prosecution
-4-
to the city prosecuting the violation.
16) To make a financial accounting and report to the cities on or before July 1st of each
year. Upon request, during normal business hours, financial records shall be open to
examination by the cities.
17) To approve budgeted expenditures during their quarterly meetings. Non-
budgeted expenditures shall be submitted for approval at a special or regular
meeting of the Governing Board. Non-budget expenditures also require the
approval of member cities. A monthly bill list shall be submitted to each city
for their approval.
Officers authorized to make disbursement shall be bonded in an amount to be determined and
approved by the Governing Board before entering into the performance of their duties.
SECTION VI
POWERS AND DUTIES OF THE
OPERATIONS COMMITTEE
Section 1. The powers and duties of the Operations Committee shall include the powers set forth
in this article.
Section 2. The Operations Committee shall provide input and make recommendations to the
Governing Board.
Section 3. The Operations Committee shall provide for the definition of Member cities' needs
al1d shall coordinate the use of police department resources with the Police Chief.
Section 4. The Operations Committee shall provide for the day to day supervision of the Police
Chief and evaluation of the Police Department operation both for the purpose of reporting to and
making recommendation to the Governing Board, and shall designate a liaison for the purpose of
day to day communication with the police chief and to serve as liaison to the Governing Board.
The Operations Committee will annually provide input to the Governing Board and Police Chief
on the Police Chiefs performance.
Section 5. The Operations Committee shall make recommendations on staffing needs and
compensation levels for the department.
Section 6. The Operations Committee shall provide input to the development of the Police
Department's annual budget and work plan.
SECTION VII
POLICE DEPARTMENT EQUIPMENT,
LAND AND BUILDINGS
'1.1 Eauipment. Each of the cities to this Agreement has contributed to the Department for its
use and benefit, the cities' existing police equipment. The Governing Board shall control the use
-5-
of such contributed equipment. All expenses relating to the maintenance and repair of such
equipment shall be an operating expense of the Department.
7.2 Land and Buildings. Each of the cities to this Agreement may lease building space to the
Police Department. Such land and/or building space shall be owned by the city and leased to the
Police Department. Such lease is to be an operating cost of the Department. Any lease requires
the approval of all member cities. Existing leases will be honored. The Governing Board shall
control use of the buildings and land.
7.3 Ownershi? Equipment purchased by the Department after the effective date of this
agreement shall be owned by the Department The Chief of Police shall conduct an equipment
inventory annually and present such information to each member city.
7.4 All equipment shall be used when needed for the benefit of the member cities. The
equipment shall not be used outside the boundaries of the member cities except as follows:
a) When police emergencies may endanger life or property within the member cities.
b) When use is covered by contracts duly entered into by the Governing Board.
c) When necessary to fulfill mutual aid agreement duly entered into by the Governing
Board.
d) In case of major emergency or disaster, when authorized by the Chief of Police, or in
his absence, the officer in charge. Such use shall be reported as soon as possible to the
Chief of Police of the Department. Such use, as authorized above for use outside the
member cities, shall be carried out only when the officer in charge has determined that
the absence of equipment from the Department will not impair the protection of the
member cities. The officer in charge shall have the authority to determine priority in
answering calls and to assign equipment and manpower.
e) When specifically authorized by the Governing Board.
SECTION vm
FUNDING
8.1 Member Contributions. During each calendar year each city shall make equal monthly
payments to the Department, its share of the total operating budget, as provided for in Section
vm of this Agreement. Capital and operating expenses of the Department shall be contributed
by each city according to the following formula:
The following calculation shall determine each city's share of the cities' contribution to the
police budget. The formula weight calls at 40%, population at 40% and International
Association of Chiefs of Police (IACP) formula for number of officers at 20%.
-6-
Formula:
~ (%A x40) + (%Px40)+ (%0x20) = city total
~ Each city's individual total is summed to achieve a grand total. The City's
percentage of the grand total is their share of the City's contribution to the police budget.
A = Each city's average number of complaint numbers generated for the last three (3)
calendar years as a percentage of total calls.
P = Each city's population. Source for population information shall be the latest
Metropolitan Council estimate of the population as a percentage of the member cities total
population.
o = The number of officers each city would require as determined by the IACP staffing
formula as it existed in 1999 as a percentage of the total officers suggested by the formula. A
copy is attached as Appendix B.
To further clarify the formula and their intended relationship, specific examples of the formulas
are attached as Appendix A.
SECTION IX
BUDGET
9.1 Governing Board Budget Process. The Chief of Police shall submit a budget to the
Governing Board by July Ist of each year.
The Governing Board shall then review the proposed budget and make a recommendation to the
member cities by August 1st. Each city shall have until September 15th to accept the budget. If
all member cities have not accepted the budget by September 15th, the Governing Board will
make an attempt to resolve outstanding issues and shall report back by October 31st. The cities
will then have from October 31st to November 30th to approve the proposed budget. All new
budgets must be agreed to by all member cities, to become effective.
9.2 Base Budget. If, by November 30th, the member cities are unable to mutually agree on the
proposed budget for the upcoming year, the amount of the previous year's operating budget will
be increased by the lesser of the following:
a) The increase in the July to July, Minneapolis and St. Paul Consumer Price Index for all
Urban Consumers (CPI) for the period ending most immediately prior to the
commencement of the budget year over the same index for the previous year.
or
-7-
b) The increase in the most restrictive levy limit applicable to the budget year placed on
any of the member cities 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.
SECTION X
DISPUTE
RESOLUTION
lO.1 Dispute Process. Whenever there is a disagreement between the member cities as to the
meaning or application of any of the terms hereunder, or as to the respective rights, powers,
duties and obligations of the member cities, and the disagreement cannot be resolved, the parties
shall engage in a dispute resolution process as follows:
a) A member city initiating the dispute resolution process shall forward a written
statement of the dispute to a regular or special meeting of the Governing Board. The
Governing Board shall have six (6) months to resolve the dispute.
b) If the dispute is not resolved as provided for in Section 10(a), the matter shall be
forwarded to the Anoka County Mediation Service or if Anoka County Mediation
Service is unavailable, such other mediation service as determined by the Governing
Board. The mediation service shall have ninety (90) days to resolve the dispute.
c) If the dispute is not resolved as provided for in Section lO(a) and 10(b), then upon a
majority vote of the member cities, the dispute shall proceed to arbitration as provided
for in Section X of this Agreement.
SECTION XI
ARBITRATION
11.1 Arbitration Procedures.
a) Arbitration shall be conducted by and under the commercial arbitration rules of the
American Arbitration Association, and shall be conducted by a single arbitrator.
b) Within thirty (30) days after the appointment of the arbitrator and no sooner than ten
(10) days following written notice to the member cities, the arbitrator shall commence a
hearing on the dispute.
c) The hearings shall be open to the public, recorded and may be transcribed at the request
and expense of any member city.
- 8 -
d) After 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
cities, and shall be binding upon all member cities.
e) Except as provided for herein, all costs of arbitration shall be borne equally between the
member cities. Each member city shall pay its own attorney's fees.
11.2 Arbitrator's Authority.
a) The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or 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 cities, 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 oflaws, rules, or
regulations having the force and effect oflaw.
11.3 Judicial Relief.
a) Any city may seek judicial relief, authorized pursuant to the provisions of Minnesota
Statutes 572.08-572.30. All costs, except attorney fees, shall be awarded to the
prevailing parties.
SECTION XII
WITHDRAWAL
12.1 Notice. Member cities may withdraw from this Agreement only in accordance with this
section. Notice to withdraw may only be given during the month of October, in odd numbered
years, beginning with October of2003. Such notice shall provide a minimum of one (1) year's
notice to the remaining cities of the intent to withdraw. Such withdrawal would be effective
December 31 st on the year following notice.
12.2 Withdrawal Pavment. After a city gives notice, it shall have a maximum of six (6) months
from the date of notice to pay the following withdrawal payment
1. 50% of estimated unemployment cost for the number of officers for that city as
calculated by the budget formula as outlined in Section VIII. The number of officers
shall be multiplied times the weekly maximum unemployment amount times 26
weeks.
2. 50% of the cost of accrued sick leave and vacation for the nUmber of officers as
determined by the budget formula as outlined in Section VIII. Such accrual shall be
-9-
as of January 1st in the year the city is withdrawing and shall be based on the officers
with the least seniority.
Such payment will be distributed to the remaining Cities based on their percentage share of the
current Department budget contributions. In addition, the withdrawing city shall be responsible
for payment of the remaining one (1) year of contributions and shall be a full participant in the
operation of the Department until its withdrawal is effective.
12.3 Refund ofPavment. During the six (6) month period following its notice to withdraw, a
city may abandon its withdrawal. In that event the payment made to the remaining cities will be
refunded.
After the six (6) month period, there shall be no refund of the payment made.
12.4 Ownership of Equipment. All contributions for equipment by the withdrawing city shall be
lost, and remain the property of the Department.
SECTION xm
DURATION, DISSOLUTION OF THE
AGREEMENT
13.1 Dissolution. This Agreement shall remain in full force and effect until a majority of the
member cities' councils have voted in favor of dissolution.
13.2 Dissolution Payments. Upon dissolution, each member city shall continue payments and
operate as a full participant, under this Agreement for a one (1) year period, so that dissolution
can occur in an orderly fashion.
SECTION XIV
DISTRIBUTION OF EQUIPMENT UPON TERMINATION
OR
DISSOLUTION
14.1 Process.
a) Upon dissolution or termination from this Agreement by a member, or members, the
following procedure shall be used to distribute the equipment and personal property of
the Department, and other related equipment. Distribution will occur only after all
Department debts and long term expenses have been satisfied.
b) All property and equipment will be sold.
c) In addition, the financial records of the Department will be reviewed for the life of the
agreement or forthe last 15 years, whichever is less, to determine the total dollar value
of contributed equipment and other payments made by each member city. . The
-10 -
1\
~
10-
Governing Board will then determine the percentage of the total paid by each member
city.
The percentage of the total contributions over the applicable period will then be
multiplied times the total dollars arrived at by sale of all equipment and personal
property of the Department less any debts, and then distributed to the cites. If a deficit
occUrs the member cities will contribute sufficient dollars to eliminate any deficits
utilizing the same percentage of contributions indicated above.
SECTION XV
COUNTERPARTS
15.1 This agreement may be executed in several counterparts and so executed shall constitute
one agreement, binding on all of the parties hereto notwithstanding that all of the parties are not
signatory to the original or the same counterpart.
SECTION XVI
AMENDMENT
16.1 Modification. This agreement sets forth all understandings between the parties. 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 city unless each city
agrees in writing to the proposed change or amendment.
~6.2 Submittal. Any city wishing to submit an amendment to the agreement shall do so by
submitting a written proposal to the Governing Board at a regularly scheduled or special
meeting. The Governing Board shall forward the proposed amendment, with a recommendation
to each member city, within ninety (90) days of receipt of the proposed amendment.
16.3 Response to Proposed Amendment. Each recipient city shall respond to proposed
amendment within sixty (60) days of receipt from the Governing Board. Ifno response is
received, the amendment is deemed to be rejected.
16.4 No Mutual Agreement. A decision not to amend this Agreement shall not be subject to the
dispute resolution provisions of Section X of this Agreement.
- 11 -
IN WITNESS WHEREOF, the parties 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, authority of their respective City Councils.
.....
CITY OF CENTERVILLE
CITY OF CIRCLE PINES
CITY OF LEXINGTON
- 12-
MClllo""
TO: Honorable Mayor and Council Members
FROM: Teresa Bender, City Clerk.A~'
SUBJECT: Kelly's Komer Liquor License Renewal 2004
DATE: December 5, 2003
Attached, please find Kelly's Komer Liquor License Renewal documentation. Please
note that Mr. Bisek has not submitted proof of Liquor Liability Insurance for the year
2004.
The State of Minnesota will not accept his renewal documentation without same.
Staff is however requesting that Council considers the renewal documentation to assist
Mr. Bisek in expediting the process when he fulfills the requirements.
Staff would recommend that if ConncD desires to approve Mr. Bisek's
documentation, it be subject to submission of Liquor Liability Insurance for the
year 2004 and payment of all outstanding property taxes and municipal service
charges.
Minnesota Department of Public Safety
Alcohol and GambUng Enforcement
444 Cedar Street, Suite 133 .
St Paul, MN 55101-5133
651-29~979 .,TIY 651-282-6555 · Fax 651-297:5259
.
RENEWAL OF LIQUOR, WINE, OR CLUB LI
. CENTENNIAJ. LAKES POUCE DEPT.
LieP.n_: Please verify your license information contained below. Make corrections if necessary and sign. City
Clerk/County Auditor should submit this signed renewal with completed license and licensee liquor liability for the new
license period. City Clerk/County Auditor are also required by M.S. 3lIOA.404 ~~:3 to report ~y license
canceDation.
License Code CMBS License Period Ending 12/31/2003ID#
City/County where license approved.Cent erv ill e
Kelly's Korner Inc.
6111
Licensee Name
'Ilade Name
Kelly's Korner
: ' liCensed Location address
7098 Centerville Rd
City, State, Zip Code
Hugo, MN 55038
~
SusinessPhone', p511.65~-J469
LICENSE FEES: Off Sale $100. 00
. On Sale $
2500.00
Sunday $ .
200.00
By signing this renewal application,appUcant certifies that there has been no change in ownership on the above
named Hcensee. For changes in ownership, the licensee named abOve, or for new licensees, full applications should
be used. See back of this application for further infonrutfion needed to complete this renewal.
A.p.plicant's Aienature on this renewal confirms the foRowing: FaDure to report any of the (oRowing wDl result in fines.
1. Licensee confirms it has no interest whatsoever, directly or indirectly in any other liquor establishments in
Minnesota. If so, give details on back of this application.
2. Licensee confirms that it has never had a liquor license rejected by any cityltownship/county in the state of
Minnesota. If ever rejected, please give details on the back of this renewal, then sign below.
3. Licensee confirms that for the past five years it has not had a liquor license revoked for any liquor law violation
(state or local). If a revocation has occurred, please give details on the back of this renewal, then sign below.
4. Licensee confirms that during the past five years it or its employees have not been cited for any civil or criminal
liquor law violations. If violations have occurred. please give details on back of this renewal, then sign below.
5. Licensee confirms that during the past license year, a summons has not been issued under the Liquor Liability
Law (Dram Shop) MS 340A.802. If yes, attach a copy of the summons, then sign below.
6. Licensee confirms that Workers Compensation iJ),m'ance is in effect for the full license period.
Licensee has attached a liquor liability insurance certificate that corresponds with the license period in city/county
where license is issued. $100,000 cash or securities or $100,000 surety bond may be submitted in lieu of liquor
Uability.
Licensee Signature Date / /) 'Z ()
(Signature certifies cOIreCt and license has been approved by city/county.)
. City Clerk/County Auditor Signature Date
(Signature certifies that ~newal of a liquor, wine or club license has been approved by the city/county as stated above.)
County Attorney Signature
County Board issued Ii
}>>S 9093-.98
" '....
Indicate below {'.han~es of cOJ.1lOrate officers. partners. home addresses or telephone numbers:
JiV,ILt:c.r-' 0ls~Jl.
Jt$f/f50 - X to,J sf.
fl-jfJQDl}f(". rVl.w 5'5 3 t) '{
.
?('3~ '131.(- If~ i
Indicate below any interest whatsoever. directly or indirectly in other liC).llor establishmenfii:
'1< L'c..~II\$" '1 Ae;lc,. Gt,. t.!>O.s; ~~ 0* 01u~~ ~u.l~ t.
e below details of Ii uor law violations civil or .
fines or other penal~es. includfnf Liquor Control Penalties):
that have occurred wi .
N~* :
'~
, 'I ;'
Report below details involving any license rejections 'or revocations:
City/County:Commenfii: .
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STATE OF MINNESOTA
1880 !Main Street . Centeroilk, 9vf!J{. 55038
(651) 429-3232 .![aJ( (651) 429-8629
CITY OF CENTERVILLE
COUNTY OF ANOKA
Application No.
RENEWAL APPLICATION FOR LICENSE TO SELL
TOBACCO PRODUCTS AT RETAIL
The undersigned, residing at I 6 g ~ 0 - X 2. 0 tV sf., in the City of III/J ~ () IJ t R
in the County of !J.ttJD It,4- . State of Minnesota, Residence Telephone: (~~)"3.y- 19 (, g HEREBY
MAKES APPLICATION FOR LICENSE to be issued to BILL BISEK, KELLy1S KORNER INC. DBA
KELLy1S KORNER B~ to sell tobacco products at retail at 7098 CENTERVILLEROAD, Business Telephone:
Q,jl) /'53- ?I'tl in the City olCentemlle, Anolra County, Minnesota for the term of one (1) year beginning with
__e 1st day of JtmU!l1'Y, 2004 , subject to the laws of the State of Minnesota and the ordinances and regulations of
said at,v ofCenterviUe pertaining thereto, and herewith deposit $75.00 in payment of the fee therefore.
Date:
By signing this renewal application, IIpplieant certifies thot there Iu1s been no clumge in OWflel'Ship,
corporoJe officers, or portnen. If changes have occurred during the past 12 months, complete in its tmtirety the
attached Tax Clearance Inf01'l1Ultion, then sign below.
f#-P~
tJ// /'/1-""" 13,. s ~ 1<
Name (Print)
~pI
Z() 0.3
,
Signature
;. t/; IltJf-z.-
tzJ '3 () 12PDD
NOTIFICATION FOR LICENSE INVOLVING PRIVATE
OR CONFIDENTIAL INFORMATION
(Includes Tennessen Warning)
-.
In connection with your request for a license, the City has asked that
you provide information about yourself which is classified as private,
confidential, nonpublic, or protected nonpublic under the Minnesota
Government Data Practices Act. This means that this data is not
ordinarlly available to the general public. Accordingly, the City is
required to inform you of the following:
1. The purpose and intended use of the information requested is to determine if you
are eligxble for a license from the City of Centervil1e.
2. You are not legally obligated to supply the requested information.
3. The known consequence of supplying the requested information is that the
information of further investigation could disclose information which could
cause your application to be denied..
4. The known consequence of refusing to supply the requested information is that
your request for a license cannot be processed.
5. A eriminaJ. charge, arrest, or conviction will not necessarily bar you from
obtaining a license with the City, unless the conviction is related to the matter
for which. the license is sought, according to Minnesota Statute 364.03.
However, failure to reveal the requested criminal information will be considered
falsification of the application and may be used as grounds for the denial of the
application.
6. Other governmental agencies necessary to process your application are
authorized by law to receive the information provided.
7. The City is required by law to ftnnish some of the information to the
Department of Labor and Industry and the Minnesota Commissioner of
Revenue.
8. During the application process, your name and address may be released to the
public. If the license is granted, all the data supplied will be available for
inspection by the public.
The undersigned, by signing this notice, acknowledges that he/she has read and
understood the contents of this notice and has received a copy 0 this notice.
/t)ht) jP3
Date ' /
CERTlFICATE OF COMPLIANCE
MINNESOTA WORKERS' COMPENSATION LAW
Millnesota Statute, Section 176.182 requires every state and local licensing agency to withhold
the issuance or renewal of a license or permit to operate a business or engage in an activity in
Minnesota until the applicant presents acceptable evidence of compliance with the workers'
compensation insurance coverage requirements ofMSS Chapter 176. The information required
is: the name of the insurance company, the policy number, and dates of coverage, or the permit
to self-insure. This information will be collected by the City and retained in the files.
This information is required by law, and licenses and permits to operate a business may not be
issued or renewed if it is not provided and/or is falsely reported. Furthermore, if this
information is not provided or falsely stated, it may result in a $1,000 penalty assessed against
the applicant by the Commissioner of the Deparbnent of Labor and Indus1ry.
Insurance Company Name:
(NOT the insurance agent)
_1?:,~ r ILl c. d
I
fJ(.)VM'~tlJ J~ tl'd- .(-Df'S
Policy Number:
we.- Z.Z" 01./ -- '30355..0
Dates of Coverage:
!5 19ft) 3
TO 5/') /tJ.I/
.
(OR)
I am not required to have workers' compensation liability coverage because:
o
I have no employees
o
o
I am self-insured (include permit to self-insure)
I have no employees who are covered by the workers' compensation law
(these include: spouse, parents, children and certain farm employees)
Name of Business:
I certify that the information provided above is accurate and complete and that a valid
workers' compensation policy will be kept in effect at all times as required by law.
Name: !J/;;"'Ht ~ J3IS~~
[First] [Middle] [Last]
)4.//'1 ~ Jd~A(;r, ~~
~~ '1<1 - ~ I~/"t/I//~
c~ Ivl"/~ /II,,)
[City] [State]
~;"/ - /'53 -
JV
Business Address:
5:1'.(/ J i'
[Zip]
//)~ph3
/ Date
?P~
-fli3-~
Signature .
Business Phone:
CERTWICATEOFCO~LlANCE
DEPARTMENT OF REVENUE
Pursuant to Minnesota Statute 270.72 Tax Clearance; Issuance of Licenses, the licensing
authority is required to provide to the Minnesota Commissioner of Revenue your Minnesota
Business Tax Identification Number and the social securltv number of each license
applicant (person simine: the application).
Under the Minnesota Government Data Practices Act and the Federal Privacy Act of 1974, we
are required to advise you of the following regarding the use of this information:
1. This information may be used to deny the issuance, renewal, or transfer of your
license in the event you owe the Minnesota Department of Revenue delinquent
taxes, penalties, or interest;
2. Upon receiving this information, the license authority will supply it only to the
Minnesota Department of Revenue. However, under the Federal Exchange of
Information Agreement, the Department of Revenue may supply this
information to the Internal Revenue Service;
3. Failure to supply this information may jeopardize or delay the processing of
your license issuance.
Please supply the following information and return along with your application:
TYPE OF LICENSE BEING APPLIED FOR OR RENEWED:
PERSONAL INFORMATION:
Applicant's Name:
WI {(~c.~
~/~f.l~
Applicant's Address:
JS~~()- )(torJ S~
1/ IV (J () 1/ 1, r J1't,I
[City] [State]
""/- )2 - /,209
56 :3{) 'I
[Zip]
Social Security Number:
BUSINESS INFORMATION:
Business Name:
e~ lIy 's
')~1~ - G.,.;!ertl/ IlL
C"/hr'h/I~ .111,,;
[City] [State]
J6r NSr
.
-
J, ItJ c. .
Business Address:
@
~:5/)"J ~
[Zip]
Minnesota Tax Identification Number:
/-5/'/~~
'11- />~7$O 1
Federal Tax Identification Number:
If a Minnesota Tax Identification Number is not req
l/)k~//)3
, o'ate
TAX CLEARANCE INFORMATION
TO LICENSE APPLICANT:
Pmsuant to Minnesota Statute 270.72 Tax Clearance: Issuance of Licenses, the licensing authority is
required to provide to the Minnesota Commissioner of Revenue your Minnesota Business Tax
Identification Number and social security number of each license applicant
Under the Minnesota Government Data Practices Act and the Federal Privacy Act of 1974, we are required
to advise you of the following regarding the use of this information:
1. This information may be used to deny the issuance, renewal or transfer of your
license in the event you owe the Minnesota Department of Revenue delinquent
taxes, penalties or interest;
2. Upon receiving this information, the licensing authority will supply it only to the
Minnesota Deparbnent of Revenue. However, under the Federal Exchange of
Information Agreement the Department of Revenue may supply this information
to the Internal Revenue Service.
3. Failure to supply this information may jeopardize or delay the processing of
your licensing issuance or renewal application.
Please supply the following information and retmn along with your application to the agency issuing the
license. DO NOT RETURN TO THE DEPARTMENT OF REVENUE.
NEW [ ]
RENEWAL [\(J
LICENSE TYPE:
LICENSING AUTHORITY: City ofCenterville
LICENSE RENEWAL DATE: ~ () Lf
BUSINESS INFORMATION:
Business Name: ~{I( ( .; J~ r ,.I t r
I
Business Address: ~ f tJ - C~ N .j. '- r J ( t { s
Wrkr~,It~
[City]
Business Telephone Number:
{,~ f... t.? 3 -
ZI/Jc.
fb.
/J1~
[State]
')9 (
571) "3 9
[Zip]
List of Officers or Partners (full name, title, and social security number):
Ftill Name: J.J, l \ Co Co. _ ~ , S t.. k.
Title: P"fi S ~
Social Security Number:
Full Name:
Title:
Social Security Number:
Full Name:
Title:
Social Security Number:
Full Name:
Title:
Social Security Number:
IF A CORPORATION:
Corporation Name: ~ e.ll "( 's ~ r.J f:~ I fill z. dba
Business Address: ?I f f - W I~ I'" VI/I 16 ~ .
.
I
ftLI/'f oS
J6;~"rt ~
Incorporation Date:
IW \
List of Directors: ~ '. _lll ~
~C$'i..lt
List of Stockholders:
We L\ Ll:.........
~( ~~(,
PERSONAL INFORMATION (if sole proprietor):
Applicant's Name:
Applicant's Address:
[City]
[State]
[Zip]
Home Telephone Number:
Social Secmity Number:
ALL APPLICANTS:
List all persons or entities with either a direct or indirect interest in the applicant or the applicant's business
to be con.ducted under the license for which this application is made and descnoe their interest in detail
below.
Addresses:
Assumed or Trade Names, if any:
Business Telephone Number:
Home Telephone Number:
Has any person named in the application ever been convicted of a felony? D Yes ~ No
If yes, set forth the offense, date, county and stated of conviction:
Applicant agrees that any manager employed in the licensed premises will have all qualifications of a
licensee and that the manager will not violate any city or state laws.
Minnesota Tax Identification Number: J S / 91 /) 0
Federal Tax Identification Number: Iff - Ijl ~.l CJ 'I
If 'M~T~~ ~; is not ~ please explam on the....". side.
s~~ Position (Office, Partner, ""'.J, 13.u.,
Print Name: kJ/t~_nv 8'5Se Date: IIJ,hAj~~
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NAME AND .
ADDRESS
OF INSURANCE
.COMPANY
\
NAME AND .
ADDRESS
OF INSURED
NOTICE OF CANCELLATION, NONRENEWAL OR CHANGE IN POLICY PREMIUM/COVERAGE
UNITED STATES LIABILITY INSURANCE COMPANY
190 SOUTH WARNER ROAD
KIND OF POLICY: .
LIQUOR LIABILITY
POLlCY/APPLlCATlONIBINDER NO.: CL1129640
EFFECTIVE DATE OF NOTICE:
0110112004 12:01 A.M.
(DATE) (HOUR-STANDARD TIME AT THE ADDRESS OFTHE INSURED)
DATE OF MAILING: 1012012003
NAME AND ADDRESS OF AGENTIBROKER:
BURNS & WILCOX, LTD.
60 PLATO BLVD EAST
SUITE 210
ST. PAUL MN 55107
WAYNE
PA
19087
KELLY'S KORNER, INC.
DBA KELLY'S KORNER BAR
7098 CENTERVlLLE RD
CENTERVlLLE MN
55038
(Specific Information concerning the cancellation
or nonrenewal has been given to the Insured.)
TO CERTIFICATE HOLDER:
You are notified that the above policy Is cancelled or nonrenewedeffective on and after the hour and date mentioned above. This notice is being provided to you as you have
been provided with a certificate of insurance on the above policy. Any interest you may have in the above policy is terminated.
~~04~
NAME AND
ADDRESS OF
CERTIFICATE
HOLDER
AUTHORIZED REPRESENTA1lVE
CITY OF CENTERVILLE
1880 MAiN STREET
CENTERVlLLE MN
55038
(E)GU 8811 d (Ed. 1-00) UNIFORM INFORMATION SERVICES,INC.@ 1997
CERTIFICATE HOLDER'S COPY
Page 1011
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SlI
1880 Main street
CenteIvllIe, MfnnesoIa 55038
(651) 429-3232
.~
RECEIVED OF
AMOUNT
Kellv's Komar 52754.00
.
FOR:
cHEcK # 5791
2004 Uaour LIcsnse Renewal SURCHARGE
.
-
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- ~
BY Teresa BeniJIJr
Novsmber 3, 2003
,
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Receipt #
8974
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.;;1;. NOV
RICHARD S. CARLSON & ASSOCIATES, LLP.
7671 Central Avenue * Fridley, MN 55432 * (763) 786-121"8 Fax (763) 786-1219
4 .2DOJ
November 13, 2003
Ms. Teresa Bender
City Clerk
City of Centervi11e
1880 Main Street
Centerville, MN 55038
RE: Hunters Crossing 2nd Addition
Dear Ms. Bender,
I have reviewed the utility plans received from Mr. Tom Peterson ofBonestroo and Associates. I
would ask that the City Council approve these plans and instruct Bonestroo and Associates to bid
e unprovem . January of2004 under Minnesota Statute 429. This would assure me a early
spring construction
Thank you,
RSC:ce
00: Mr. Tedd Mattke, Mattke Surveying & Engineering, Inc., Developer's Engineer
!. ~ ~" ,-
. F'"
'"
ervi{{e
TstaDCisfiet{ 1857
1880 !Main Street . CentmJi{(eJ fM!J{. 55038
(651) 429-3232 .!FOJ( (651) 429-8629
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF CENTERVILLE
RESOLUTION #03 - 068
A RESOLUTION APPROVING PLAN AND SPECIFICATIONS AND
ORDERING ADVERTISEMENT FOR BIDS ASSOCIATED WITH THE
HUNTERS CROSSING 2ND ADDITION, PHASE I SUBDMSION (MUNICIPAL
IMPROVEMENTS - CURB, GUrl'.ER, STREETS, LIGHTING & MUNICIPAL
SERVICES)
WHEREAS, pursuant to a resolution passed by the Council on August 27, 2003 (Res.
#03-043), the City Engineer, Bonestroo, Anderlik and Associates bas prepared plans and
specifications for the municipal improvements - curb, gutter, streets, lighting and
municipal services for the Hunters Crossing ~ Addition, Phase I subdivision; and,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF CENTERVILLE, MINNESOTA:
1. Such plan and specifications, a copy of which is attached hereto
and made a part hereof: are hereby approved.
2. The City Clerk or City Engineer shall prepare and cause to be
inserted in the official paper an advertisement for bids upon the
making of such improvement under such approved plans and
specifications. The advertisement shall be published for fourteen
(14) days, shall specify the work to be done, shall state that bids
will be opened and that the responsibility of the bidders will be
considered by the Council at 10:00 a.m on February 3,2004 in the
Council Chambers of the City Hall. Any bidder whose
responsibility is questioned during consideration of the bid will be
given an opportunity to address the Council on the issue of
responsibility. No Bids will be considered unless sealed and filed
with the Clerk and accompanied by a cash deposit, cashier's check,
bid bond or certified check payable to the Clerk for the five (5)
percent of the amount of such bid.
PASSED AND ADOPTED by the City Council this 10th day of December, 2003.
.
Mayor
Attest
city Clerk
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terville
Established 1857
2003
HUNTERS CROSSING
2ND ADDITION
PHASE 1
UTILITY & STREET
IMPROVEMENTS
SHEET INDEX
nnE SHEET
LOCATION PLAN & CENERAL NOTES
EROSION CONTROL PLAN
SANITARI' SEWER & WATER MAIN - BEAVER POND WAY " WIDGEON CIRCLE
SANITARY SEWER & WATER MAIN - DUPRE ROAD . HUNTERS RIDGE LANE
SANITAR'I' SEWER & WATER MAIN - CENTER\IILE ROAD
STDRN SEWER - DUPRE ROAD
STDRN SEWER - BEAVER POND WAY Be POND TO POND
STORN SEWER - CENTERVILLE ROAD
STREEI' - BEAVER POND WAY" WIDGEON CIRCLE
STREET - DUPRE ROAD II: HUNTERS RIDGE LANE
TRAIL
DETAILS
DETAILS
DETAILS, S1CRN SEWER SCHEDULE, TYPICAL SECTION
THIS PlAN se:r CONTAINS .15 SHEErS
CITY OFFICIALS
TERRY SWEENEY
LINDA BROUSSARD-VICKERS
MARYC~A
TOML.;EE!
4F~PAAR
PAUL PALZER
JCIU:MOORE-8YKES
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CENERAL Ncrn:s.
1. EXISTING U1lUTIES SHOWN ON DRAWINGS ARE APPROXlNATE.
CONTRACTOR m CALL GOPHER STATE ONE-cAI.L PRIOR TO DIGGING.
2. ACCESS TO AND FROM PROJECT SHAI..L BE AT DUPRE ROAD ONLY.
J. OVERDEPTH OF WATER t.IAINS AND SERVICE UNES (GREATER THAN
7.5') IS CONSIDEJa) INCIDENTAL WORK.
4. SAWCUT EXISTING PAVEMENTS. REPLACE WITH SANE SECTION.
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PHEASANT MARSH
SAI. VAGE &
REINSTAlL SPUT
RAn.. FENCES,
OJLVERT, GRAVEl..
SALVAGE 81
REINSTAlL RR
TIES. CULVERT.
ORA 1IEI..
RENO\IE AND REPLACE
SEClION OF Bl1\/MlNOUS
TRAIL. SALVAGE CULVERT.
POND
TENPORAAY ~
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1. ENTEND SERVICES 10' INTO EAQI
PROPERTY. PLACE CURB BOX AT
PROPERTY UNE.
2. SANITARY SER\'ICES ARE 4" PVC
SCHEDULE 40. WATER MAIN
5ERVICE5 ARE 1" nPE K
COPPER. LOCAlIONS SHOWN ARE
APPROXINATE.
3. !WIITARY SEWER S" PVC SDR 35
4. DlREClIONAL DRD.L SEWER
SERVICES UNDER CENTERVIU.E
ROAD AT M1N. 2.OS CRADE.
DIRECTIONAL DRILL WATER
SERVICES UNDER CENTERVlLLE
ROAD.
5. PROTECT 1REE AT STA. 8..1D.
WEST SIDE INCDENT AL-
6. SUPPORT AND PROTECT POWER
PDl..ES ALQ\IC EAST SIDE OF
ROAD. INCIDENTAL
7. MAINTAIN ACCESS TO DRI\aYAYS
AT STA 0+30 AND 3+CQ AT ALL
liMES..
8. PROVIDE ALL TRAFFIC CONTRa..
ALONG CENTERVlLLE ROAD, PER
ANOKA COUNTY REQUIREMENTS.
9. MAINTAIN FLOW IN DITCHES
DURING CONSTRUCTION.
10. LOCAlE AND PROTECT EX
UTlUTIES (TEL. GAS, FIBER OPTIC,
ETC.). CALL GOPHER STATE
ONE-CAlL
11. CLEAR AND GRUB TREES AND
BUSHES ALONe EAST SIDE OF
ROAD. REPLACE ULAC BUSHES
(t:l00' TOTAL) FRON STA 0+50
10 4+00.
12. RESTORE DITCHES W1lH SEED
AND MUlCH. PLACE FIBER
BLANKET CJ\I STEEP SLOPES.
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CIlIlIllT IIIIT1lIM 10 SIJIPf: TOWARD
PIPE AS SHCYiN BY ARROWS
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SECTION B-B
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RIP RAP INSTALlA1l0N
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OR EQUAL "\ ~
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ClINCRE1E llU8 -
CRE1Ell T'/PI! D OR EIl1JAI. MAllHll1.E FUIOR SHALL BE
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lItIS nFE MANHOlE SIW1. BE USED
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RDIFCIRQNO SHALL CONSIST OF II SMILE lINE
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IS IlEQlIIRED. PRECAST 'L DIJIIIl III llIIIIDJII lIDIID aIIIIIl llIID
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(IInDOT Spec. 3149H 1Iod.)
WATER MAIN OFFSET OUTLET STRUCTURE
55-15 STORM SEWER SCHEDULE
IiII1' TD SCIILE
2'''' Ialylray ClllIt ~~~
wall ~ SIIJIPIIer p
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CURB AND GUTTER (I) i&J
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PLAN VIEW \ ~ ff)z
Ir DESIGN t ClRAIlE I' I ZO
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HOT-DIPPED 4' DRAIN mE (rtP)B:] s,~~1 2"-Type 1liIurni_ Woor - 2~ !!)
cw.VRIIZEIl QW'E 12" _ ~ ' sfsl!lICK .. crus 5 Aggregate Base - ~~ ~
~ RIM EL. Compacted SullQrade
...a :~ SEE CHART Q
~. ....1 112'-LV3 w~ Course IIbdu~ IYY/EJ5OJOB II
~ STDRI\I MH -I l~VJ Non ~'"lw:Coureo Mixture. LVNWJ5030Il
-S' S AGGREGATE
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S EX PIPE L--GEOTEXTILE FABRIC
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-SEE CHART
I .. ~te ~J ,. '-s. ~~ rfmE5;
1. Tap OF CURB AND DESKIN CENTERUNE ME THE'SWE ELEVATION.
2. D~~, STA. 7+7110 STA 9+78, V~ FROIi! 3ft TO 10'. ,. :::)
. J.D~ ROAD, STA7+?ITO STA9+75. VARIES FROM 11.5' TO J:
. (1InDOT Spec. 314911 MOd.) ao', -- .
--
. lYPlCAL SEcnON Tr'PIt:AL SECllON -D_3ZIIl1.IIB
oun.Er STRUC1lJRE --
SS-18 II: 55-19 7 raN RESIDENTIAL BITUMINOUS TRAIL C8.03
llllT TD st.U NOT TO SCAlf NIT Rl SCM.E
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ervi{{e
T.sta6{isfiea 1857
1880 Main Street . Centervift'e, fM!J.l 55038
(651) 429-3232 . J"a;c (651) 429-8629
DeceDiber 3, 2003
Ms. Pam Marks
Metropolitan Council .
Mears Park Centre
230 W. Fifth Street
S1. Paul, MN 55101-16226
RE: SG-03-121
Dear Ms. Marks:
Enclosed please find two executed o~gina1 copies of the above-referenced grant
agreements as per your request.
If you have any questions or comments, please feel free to call me at City Hall, 651-
429-3232.
cc: Cen.terville City Council
.....~...
~
Metropolitan Council
Building communities that work
EnvirorunentaZ Services
Dece1llber 1, 2003
Kim Moore-Sykes
City Adrtrinistrator
City of Centerville
, 1880 Main Street
Cettterville, MN 55038
,Re: Cehterville Towrioffice Park
'Dear Ms. Moore-Sykes:
., .'. '. " 'the Metropolitan Counci1EnVironrnentalSemces Divisiolfhas reviewed your
:.:,.. ::; ....' , ,.appli~~~()i1 for a sanitary '~~W~':~Xtensjqn. for the ab6veptojec~. ". this project is in
~:;,. '., ';"," ':.':"lrcCofd,With.y~Ui cOl11pieb.~~v~fsewer_plan (C8P) mia consiStent with'the
,. . ,"'}''''MetfciPtiIitaht]rbanServi~';AI:~~:~,~ '>.~'.':-:'. '...>:.' " "
.. '- . -.' ~.-.- . . '-' . .'
.. . .,' ". - -,-." .. . ; .'-~.; ~ - ,..." - .-", " ..~ .-
'Vile ~~,me_this~ pt6Jecf~.'~,:'Hfygw:.G~:?:.~'dirif6~the'iiinm~sota Pollution
. Control Agency that we'hav~nOobjectiorito the installation of these facilities.
'. ,.;
~.. -" '-
.;-.....
,Donaid'S.BIUhm
,.'Manager, Municipal SetVicesSectidll
Wastewater Services Department '
~ . ~ .
, ,
';:OSB:RWJ:EAW
v:aJl/woldlc:enterviIJ.e120103
ec: /"" :JanH1ellming' ,MPCA. " ~ ',-' ,-
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. /-~~~5'Uff~kt;;;~~~;;:r~"~S2~~f~;??~hi'" ,':...~( ,
L-~'~: r.~ .". ,0,,0_''-
www.metrocouncll.org
Metro Info Une 602-1888
.-,'-. ,.'
~::~-~~~; ~:~~~...,:~~ .~--~.
230EastF1fthStreet · St.Paul.~esota55101-1626. (651)602-1005 . Fax602-1138 . TIY291-0904
AnEqual~~