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Home My WebLink About2003-06-11 CC Packet CITY COUNCIL EXECUTIVE SESSION 1. Roll Call Wednesday, June 11,2003 6:00 P.M. CITY COUNCIL MEETING 6:30 P.M. EXECUTIVE SESSION I. CALL TO ORDER II. NEW BUSINESS 1. Capital Projects III. ADJOURN COUNCIL MEETING v CALL TO ORDER II. 1. Roll Call APPROVAL OF AGENDA ..- fluk-LyPa4A-/ APPROVAL OF COUNCIL MINUTES C lA-tv/)- / ~ ~. 1. April 9, 2003 Executive Session Meeting Minutes 2. May 28, 2003 Work Session Meeting Minutes 3. May 28, 2003 Council Meeting Minutes I ./ CONSENT AGENDA V ('~J /PtL-CL~ \-fVtr . rJ,\d ~ / r tp- vA,v 'v l-<-/;u- !/ 1. City of Centerville May 29, 2003 through June 11, 2003 C~ - L..~ tjf~L.. I , . /2. Centennial Fire District Claims /: d.t 1:" r~ l'Y" ~C<lP~ ty( A W ARDSIPRESENTATIONS/APPEARANC~~ h/ ' '/V 11 IoliU.;v) I fU)\- t ~ I. ~rbv-~ UCYf-/J-- I y,~(Y(,~I.I~ J~', f ().-, ",{.'~ /~ ~ VI. PUBLIC HEARINGS " ,',,\,u.'" Cf,~1~ : l)l,ttl~,,,,, t;~ 'j-/V (f~{; ~ ) ) iW' ~ v v"" fldL" (/I~ oW/v l . / Mr. Rick Carlson Request for R~;ifron:L.R_'l to R-2 (PUD), Lot ~ ,Lpg v~,;v.~~ Ii' Combination, Preliminary Plat & Comprehensive Plan Amendment U 1.J;{1I Advancing the Development StaginglDate for Anticipated Development (MUSA) from 2006 & 2011 Associated with the Proposed Hunters Crossing 2nd Addition Phase I & II Subdivisions 1'./0,/ Y Ordinance #31- Providing for Licensing a~4 B,onding oflndividual~, Firms, -1'. \1 / Corp., Contractors and Subcontractors V ~vj / ~ h~. ! "J( Ordinance #49 - Noise (Old language in Red, newfanguage in Blue u")\..k~(,..A'({fI..fb '1"~ 0 . underlined) & Planning & Zoning Commission Suggestions in Green !~t ~ -J~ 1. V Ordinance #76 - Adopting the Minnesota State Building Code l,,~ l-l /( t1.~ , ''11 '/ , -1 . /L"~~ ~ V~G/Pa.iI.A_. Nepl- - ~/ 'v/v~'L/) VII. ~ <;;t ?{~L- JI, :1 1. ~. ' ~ tc~t~Y - J fU/7~,yY'--{ 1 \~ P J , ~;. UH" i~ :~/e:&l#Y . NEW BUSINESS - ___ ,r,q r ' U,. I P.11'- ~ Resolution #03-034 - Fee Schednle (2003) V~ ~ -/ Pa,rks and Recreation Committeee Recommendations ~ LLpfv}.1;Y'-- C:.iA:.H. r , OLD BUSINESS , /L--LP- 5-0 " . " ~1</- l/~'r- A#1 ~cYJ.-L.fYl.<:~ P>eac~A--- k.t:~ahJrii I zo:;. / Mr. Carl Buechler -~ound Trail Reconstruction 270 vL" Administrative/Public Works - Office Cleaning Proposals - ~L;u...'~~ Z........ .J.( Pavement Management Plan (Tom Peterson - Update) C ~7 L<12- Ccz.'" '-~. ~ Municipal Water Management Plan (Tom Peterson - UPd~~izuf ~)<-1 &/I~ s-, '*r (-.e~ ....", ( .rv ANNOUNCEMENTSffiPDATES J<' Legislative (Update) ~ - pG~ f- a Po(~ u--- ~f; i\2( Capital Projects (Update) 3. Fete des Lacs (Update) Pwvivr &.rfv-, a1 LM..-&.-'f'~* - 4. ~Uce Commission (Update) _ ~ ,c..u.''Y'-'' _0 " ;-&Ie- d.eh ~-- - ~VLtU.,ltU-~5 It - Iv ~Ut t-r. J,>>c~ Iv ?e-L~/vvcJ ? ADJOURNMENT VIII. IX. X. e ~'fvtl-.--j Le-e---- , -r;, d-<'"'" L '!-1YI. Om P"'L- iL- PM /d.~-s Lc f- vc- P .11 D t-, "b--~/ ~ Ikc-ctL ~(JYGJ . ~'-'L . (f- .,~ s~ 0 . Il6.~C-h-v~~S J/vvG. f/f ~".vyu J.~ 2,~ ~ra IJAL l/~'" U)Ldi-i.. lU. (-t.iJ}..... d'v'- ttP~/~ . (eJ>>cJ2M )v ~,lV c~;V' /~oft ~ -d0 ~ y \ ~~ \J ~\ ~ ~' ~ 0'. ~ ~ ~ V' ~t l.r ~. ~ ~ l' tc '1' . ~~. . ~ ~ ~ ~ s' ~ ~~ ~ ~~'\J' .f! ~\ ~t B, ........ z a - li m -t 'S' ..t -. . . f""'''':~ C::) c~~\ \Jill i..yJ (~:) CITY OF CENTERVILLE CITY EXECUTIVE SESSION April 9, 2003 6:00 p.m. I. CALL TO ORDER Mayor Sweeney called the Council Worksession to order at 6:10 p.m. Present at the meeting were Councilmembers Broussard Vickers, Capra, Lee and Paar; City Administrator Kim Moore-Sykes, City Attorney Jim Hoeft and Finance Director Ellen Pau1seth. II. DISCUSSION ITEMS Woods of Clearwater Creek Delinquent Development Fees and Litigation. Pau1seth gave a report to the Council regarding the meeting that Staff and the City Attorney had with Dick and Monica Travis. Ill. ADJOURNMENT The Council Worksession was adjourned at 6:40 p.m. Respectfully submitted by: Kim Moore-Sykes, City Administrator CITY OF CENTERVILLE CITY WORKSESSION MEETING May 28, 2003 6:00 p.m. Unapproved I. CALL TO ORDER Mayor Sweeney called the Council Worksession to order at 6;00 p.m. Present at the meeting were Councihnembers Broussard Vickers, Capra, Lee and Paar; City Administrator Kim Moore-Sykes, Public Works Director Paul Palzer and Finance Director Ellen Paulseth. II. DISCUSSION ITEMS The Finance Director presented copies of the Capitol hnprovement Plan (CIP) as compiled by the former City Administrator, Jim March. She reported that Staffis looking for Council's direction with regard to various projects as listed in this CIP. Water Tower. Council agreed that the water tower project needs to move forward based on an agreement that the City has with the City of Lino Lakes. The Public Works Director advised Council that the City Engineer is in the process of getting soil borings from the Public Works site and Cedar Park to determine which site would be more suitable for the construction of the new water tower. Mr. Palzer indicated that Anoka County owns Cedar Park and that if that site is of interest to the City, Staff could contact the County about purchasing the site; he indicated that it may cost the City up to $30,000. St. Paul Water Utility Property. Council asked for a status in the sale of St. Paul Water Utility property. Staff reported that the sale may not happen until 2005. Council asked the City Administrator to call the Utility to see if they have secured appraisals for this property. Park Plan. Councilmember Lee advised the Council that he will bring the Park Plan issue forward to the Park and Rec Commission at their meeting on June 4th. Council also advised Staff that the Park Plan as presented by Wayne LeBlanc has not been approved by Council and therefore is not the City's plan. Council continued to review the CIP project list. They discussed priority projects such as streets, storm water drainage, and other water related issues. The Council reviewed Staff's proposed CIP for budget year 2004. Staff will present the Capitol hnprovement Plan 2004 budget to the Park and Rec Commission for their consideration and comment. A 2004 budget worksession was scheduled for June 18, 2003 at 6:30 p.m. at City Hall. III. ADJOURNMENT The Council Worksession was adjourned at 6:35 p.m. Respectfully submitted by: Kim Moore-Sykes, City Administrator CITY OF CENTERVllLE CITY COUNCIL MEETING MAY 28, 2003 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting on May 28,2003, at City Hall, 1880 Main Street. PRESENT: Mayor Terry Sweeney Council Member Paar Council Member Lee Council Member Capra _ Council Member Broussard Vf\.iCkIT ... A None. Lf\J@t City Administrator Ms. Moore-Sykes City Attorney, Jim Hoeft City Engineer, Mr. Tom Peterson ABSENT: STAFF: I. CALL TO ORDER Mayor Sweeney called the May 28,2003, City Council meeting to order at 6:35 p.m. II. SET AGENDA Mayor Sweeney requested that acceptance of the fIre department gambling funds in the amount of $12,500 and donation of those funds to the fire department for building the storage garage at public works be added to the consent agenda. Council Member Capra requested that an update on the Moreland property be added under updates. Ms. Moore-Sykes requested that Northland SeCurities and Carl Buechler be added under appearances. Motion bv Council Member Broussard Vickers seconded bv Council Member Capra to approve the a~enda as amended. All in favor. Motion carried unanimouslv. III. APPROVAL OF COUNCIL MINUTES 1. May 14. 2003 Council Meeting Minutes Centerville City Council May 28,2003 Meeting Minutes Mayor Sweeney requested the following changes: On Page 5 of 10 last paragraph add "second addition" to clarify. On Page 6 of 10 second paragraph fix the sentence to indicate that this is how Ms. Moore-Sykes was told to submit it. On Page 9 of 10 indicated that Mayor Sweeney gave his opinion to Mady Reiter. Council Member Capra requested the following changes: On Page 8 of 10 under NPDES MS4 Permit, last sentence change storm water management to surface water management. On Page 9 of 10 change an issue to a concerns also indicate that the whole festival is shagadelic not just the parade and in the second sentence indicate that the City received not she. Third paragraph down from there add the word could. Motion by Council Member Broussard Vickers. seconded by Council Member Paar to approve the Council Meetin2 Minutes of May 14. 2003 as amended. All in favor. Motion carried unanimously_ IV. CONSENT AGENDA 1. The City ofCenterville May 15, 2003 through May 28,2003 Claims for Approval 2. Centennial Fire District Claims 3. Resolution #03-031 - 1st Violation Kelly's Komer Failed Compliance Check 4. Resolution #03-032 - 1st Violation Waterworks Beach Club Failed Compliance Check 5. Acceptance of Fire Department Gambling Funds of $12,500 6. Donate $12,500 in Gambling Funds to the Fire Department for Building of Storage Garage at Public Works Motion by Council Member Broussard Vickers, seconded by Council Member Lee to approve the Consent A2enda as amended. All in favor. Motion carried unanimously. V. A W ARDS/PRESENTATIONS/APPEARANCES 1. Fire Chief Milo Bennett - Chapter 1306 - Inclusion in Ordinance #76 Fire Chief Bennett indicated addressed Council and asked that Council include Chapter 1306 of the International Building Code when approving Ordinance #76. Ms. Moore-Sykes indicated the public hearing on Ordinance #76 is scheduled for June 3, 2003 and June 11,2003. VI. PUBLIC HEARING(S) 1. Ordinance # 1 - Garbage Mayor Sweeney opened the public hearing at 7:00 p.m. Page 20f9 Centerville City Council May 28, 2003 Meeting Minutes Council Member Broussard Vickers asked if the insurance amounts of $100,000 and $300,000 were the industry standard. Ms. Moore-Sykes indicated that those amounts are standard within the industry. Motion by Council Member Broussard Vickers. seconded by Council Member Lee to close the Dublic hearin2. AD in favor. Motion carried unanimously. Mayor Sweeney closed the public hearing at 7:03 p.m. Motion by Council Member Broussard Vickers. seconded by Council Member Lee to approve Ordinance #1. Council Member Broussard Vickers asked if the February 1959 date should remain in the Ordinance. Ms. Moore-Sykes indicated that date would remain and there would be a note indicating the revised date below it. VOTE: AD in favor. Motion carried unanimously. 2. Ordinance #63 - Watering Mayor Sweeney opened the public hearing at 7:04 p.m. Council Member Lee asked how this would be enforced. Ms. Moore-Sykes indicated that the police department and public works would be enforcing the watering ordinance. Council Member Lee asked how this change was going to be advertised. Ms. Moore- Sykes indicated it would be published in the newspaper as well as put on the cable channel, the sign out in front of City Hall and the web site. Motion by Council Member Broussard Vickers. seconded by Council Member Paar to close the Dublic hearin2. AD in favor. Motion carried unanimously. City Attorney Hoeft indicated the police would be the best educators on the Ordinance and indicated that a warning would first be issued prior to issuance of a citation. Mayor Sweeney closed the public hearing at 7:07 p.m. Motion by Council Member Lee. seconded by Council Member Paar to aDDrove Ordinance #63. AD in favor. Motion carried unanimously. vn. NEW BUSINESS 1. Resolution #03-030 - Issuance and Sale of $740.000 General Obligation Temporary Improvement Bonds (peltier Preserve) Page 3 of9 Centerville City Council May 28, 2003 Meeting Minutes George Eilertson presented information to Council concerning the bond sale for the Peltier Preserve project. He then indicated that Council would need to execute a Financial Advisory Agreement as is done each time his firm assists the City with fmancing. Council Member Broussard Vickers expressed concern that the City would be holding bonds when the project has been finished. Mr. Eilertson explained that the proposal is for temporary bonds ofthree years with a call feature allowing for repayment in July of2004 or any date thereafter. Council Member Capra indicated Council had discussed that the special assessments certified rate of 8% was high and should be changed. Mr. Eilertson indicated that 8% in this market is high and then said that a lot of times cities assess benefiting properties at one or two percent higher than the borrowing rate where others use a flat 7%. Council Member Broussard Vickers indicated that people have the option of other financing at lower rates and she would like to leave it where it is. Mr. Eilertson commented that leaving the interest rate at 8% encourages prepays. Motion by Council Member Broussard Vickers. seconded bv Council Member Capra to approve Resolution #03-030 as presented. All in favor. Motion carried unanimously. Motion by Council Member Broussard Vickers. seconded by Council Member Paar to approve the Financial Services Advisory Aereement with Northland Securities based on the recommendation of the Citv Attorney. All in favor. Motion carried unanimously. 2. Resolution #03-033 Accepting Bids and Awarding the Peltier Preserve and Surrounding Benefiting Homes Determined by Council Municipal Improvements Mr. Peterson indicated the bids were right around the estimate with Dave Perkins out of Ramsey being the low bid. He then indicated he had spoken to Mr. Perkins and his company is ready to start upon receiving approval. Motion by Council Member Capra. seconded by Council Member Lee to approve Resolution #03-033 as presented based on the recommendation of the Citv Eneineer. All in favor. Motion carried unanimously. Page 4 of9 Centervil1e City Council May 28, 2003 Meeting Minutes 3. Hayfield Road Block Party Council Member Broussard Vickers asked whether the police and fire department had given approval for the block party. Motion by Council Member Broussard Vickers~ seconded by Council Member Capra to approve the Havtield Road Resident Block Party on SaturdaY~ June 7~ 2003 from 4:30 to 8:30 and approve that the streets be blocked off with cones oendin2 receiot of fire and police department approval. All in favor. Motion carried unanimously. vm. OLD BUSINESS 1. Mr. Lloyd Drilling Mr. Drilling addressed Council and indicated he had spoken to every land owner north to MoelIner blacktopping to the creek and all landowners are in agreement and interested in rezoning to residential. Mayor Sweeney indicated the City would like something in writing. City Attorney Hoeft indicated the City would need representation from the other owners of their interest in rezoning and noted that as the process goes along there would be public hearings to hear comments and work out the details. He then indicated that all the landowners would need to sign off on an application for the rezone or one person with interest in the property such as a purchase agreement could sign off. Mr. Drilling indicated he would like to know whether Council is interested in this type of residential development in the area. Council Member Broussard Vickers indicated that her issue was the concern with spot zoning and she has no issue with proceeding with the rezoning request but is not prepared at this time to indicate whether the project would be approved. Council Member Paar asked how this would affect the Metropolitan Council's affordable housing requirements. Ms. Moore-Sykes indicated that the Metropolitan Council would approve because of the high density. 2. Tom Thumb Conditional Tobacco Retail License Ms. Moore-Sykes indicated that Tom Thumb had passed all the additional compliance checks and would like Council approval of a regular license through December 31, 2003. Motion bv Council Member Lee. seconded by Council Member Broussard Vickers to remove the conditions and reinstate the annual license for Tom Thumb to December 31.2003. All in favor. Motion carried unanimouslv. Page 5 of9 Centerville City Council May 28, 2003 Meeting Minutes 3. Pavement Management Plan (Update) Mr. Peterson indicated that his firm is approximately half-way done with the pavement management plan and would have a recommendation for review soon. Council Member Capra indicated she would like to have a rough estimate draft for use during budgeting sessions by June 18, 2003. Mayor Sweeney asked that water be included for those areas where there is not water and the streets need reconstruction. He also asked that a ballpark figure for the assessable amount be provided. 4. Municipal Water Management Plan (Update) Mr. Peter~n 18th indicated he hoped to have a more complete draft of the recommendation by the June 18, 2003 work session. Mr. Palzer indicated he received a letter on soil borings and would need approval for the Cedar Street site and public works. Council discussed the water tower sites and indicated that the only site to be considered at this time is the public works site. Motion by Council Member Broussard Vickers. seconded by Council Member Lee to approve soil testin!! for water tower placement on the public works site and to locate where the water tower will be and !!et all three borin!!s reauired. All in favor. Motion carried unanimously. Council Member Capra indicated that she felt the interconnect needs to stay. Mayor Sweeney indicated the interconnect would benefit both cities and no one is talking about removing it. Council Member Lee asked if there was a time frame for when ponds should be maintained as a part of the Water Management Plan. Ms. Moore-Sykes indicated that she and the City Clerk are working on that. Council Member Broussard Vickers indicated that cleaning out of ponds needs to be added to the capital improvement budget discussions. IX. ANNOUNCEMENTSIUPDA TES 1. Legislative Update Page 6 of9 Centerville City Council May 28. 2003 Meeting Minutes Ms. Moore-Sykes indicated that the legislature was still in special session trying to hammer out details of the health and human services bill. Mayor Sweeney commented that they are not taking as much LGA as initially planned. Ms. Moore-Sykes indicated that was correct but said she had not yet seen the figures. She then offered to provide that information when it is received. City Attorney Hoeft indicated the state is allowing cities to recoup 60% of lost LGA that will fall outside of levy limits meaning the City could increase its levy by 60% of what is lost as a way of letting cities wean themselves offofLGA. 2. Capital Projects City Attorney Hoeft indicated he is waiting to hear from Mr. Travis on the settlement agreement but is not anticipating any problems. He then indicated the others are moving forward and he feels he and Mr. Peterson can come to agreement with Mr. Buechler. Ms. Moore-Sykes indicated that she received a new proposal from Mr. Buechler to pave Mound Trail. Mr. Patzer indicated Mr. Buechler could utilize Ag lime from the track field over at White Bear Lake otherwise he is looking at a 5% increase in the costs. Ms. Moore-Sykes indicated that Mr. Buechler would needs an overweight permit to do this project. Motion by Council Member Broussard Vickers. seconded bv Council Member Capra to approve the work and the bid based on the nee:otiations with the City Attorney and Mr. Buechler on the other outstandine: issues. Council asked whether Mr. Buechler would be willing to bond for the road. VOTE: All in favor. Motion carried unanimouslv. Council discussed with Staff the existing road and the pros and cons of allowing the over weight permit. Motion by Council Member Broussard Vickers. seconded by Council Member Paar to approve the 9-ton permit based on the ene:ineer's recommendation with Mr. Buechler responsible for road damae:e should it occur and contine:ent upon the other issues beinS! resolved and the road beinS! completed this Year. All in favor. Motion carried unanimously. 3. Fete des Lacs (Update) Council discussed the festival and indicated that plans are underway. Page 7 of9 Centerville City Council May 28, 2003 Meeting Minutes 4. Moreland Property (Update) Ms. Moore-Sykes indicated she has not seen any activity at the property. City Attorney Hoeft indicated the clean up of the inside of the house does not have a time frame because there is no public health issue because no one lives there. Council Member Capra indicated the neighbors were getting frustrated because it is not getting done. Mr. Palzer indicated the exterior is getting to the point where it needs some maintenance. City Attorney Hoeft indicated the exterior issues need to be addressed and the City can go in and cut the grass if that is what needs to be done. Council Member Capra indicated the neighbors saw Mrs. Moreland wandering around the property and asked whether she is allowed to be in the structure. City Attorney Hoeft indicated she could go there but she cannot live there. Council Member Capra indicated the Cable Commission approved the $2,000,000 bond to build a new building and hired an architect consultant. Mayor Sweeney indicated the first police consolidation meeting was held and the next one is May 29,2003 and then the next Friday. Ms. Moore-Sykes indicated she met with other administrators to discuss the issues raised out of the first meeting and will be prepared to present information at the next meeting in Circle Pines. Ms. Moore-Sykes indicated the City will receive a check from the League of Minnesota Cities for a refund on workers compensation insurance in the amount of$2,018.00. Mayor Sweeney asked whether the City was in compliance on salary for all employees. Ms. Moore-Sykes indicated that department was going through as shakeup with the reconsolidation and she is not sure when the information on whether the City is in compliance will be available. Mayor Sweeney asked if Ms. Moore-Sy~es was comfortable with the classifications. Ms. Moore-Sykes indicated she was in the process of updating job descriptions and would like to discuss that as well as COLA increases. She then indicated she had received a survey from the League of Minnesota Cities in conjunction with a group for public services employees and the average COLA increase is 3.25% with some going above 4%. Page 8 of9 Centerville City Council May 28, 2003 Meeting Minutes Mayor Sweeney indicated the one percent above step increases was discussed when the state was talking about freezing wages so that the office personnel received an increase of 5% to keep them more in line with the additional 3% COLA that the union employees receive. Council decided to hold the wage discussion for a work session. Council Member Paar indicated there was no EnC meeting because of the Business Appreciation Dinner. IX. ADJOURNMENT Motion by Council Member Broussard Vickers. seconded by Council Member Capra to adioum the May 28. 2003 City Council Meetin2 at 8:05 p.m. All in favor. Motion carried unanimously. Transcribed by: Joan Lenzmeier, Recording Secretary TimeSaver Off Site Secretarial, Inc. Page 9 of9 tervi[[e 'E.stabEij-!ie({ 18')7 Receipts, Disbursements & Payroll May 29 through June 11, 2003 Receipts Disbursements Payroll (6-6-03) $28,789.85 $85,520.88 $10,765.10 $80,000 $100,000 $60,000 $40,000 $20,000 o . Disbursements . Receipts Payroll **Note: An update will be handed out on June 11, 2003 for Receipts & Disbursements from June 6 through June 11, 2003. Amount CITY OF CENTERVILLE Cash Receipts May 29 thru June 5, 2003 Tran Date Refer Comments Batch Name 06/06/03 11 :29 AM Page 1 Account Descr FUND 101 GENERAL FUND Act Type G Act $0.50 $0.50 $0.50 $0.50 $10.00 $158.79 $0.50 $112.00 $0.50 $200.00 $1.50 $3.50 $1.50 $1.50 $491.79 Act Type R $12,500.00 $8.00 $25.00 $0.26 $90.00 $25.00 $260.00 $29.50 $24.00 $25.00 $22.00 $0.78 $20.00 $25.00 $3.482.25 $287.61 $250.00 $172.10 $172.10 $104.30 $13.91 Act $17.536.81 FUND 10 $18.028.60 5/30/2003 5/3012003 5/30/2003 6/212003 6/3/2003 6/3/2003 6/4/2003 6/4/2003 614/2003 6/4/2003 6/5/2003 6/5/2003 6/5/2003 615/2003 5/30/2003 5/30/2003 5/30/2003 5130/2003 5/3012003 5/30/2003 6/212003 6/212003 6/3/2003 61312003 6/4/2003 6/4/2003 6/4/2003 6/4/2003 6/4/2003 6/5/2003 6/5/2003 6/5/2003 6/512003 6/5/2003 6/5/2003 o 1761 CENTER STREET - CO 0530-03 o 1729 DUPRE RD - P03-018 0530-03 o 7240 UNITY AVE - C03-040 0530-03 o 6970 MEADOW CIRCLE- CO 060203 o 5 - $2.00 GARBAGE STICKE 0603-03 o UB UR Receipt Group 00 FIN 060303ut o 1778 DUPRE RD - M03-023 0604-03 o 1774 PARTRIDGE PLACE - 0604-03 o 7333 OLD MILL RD - C03-04 0604-03 o 1774 PARTRIDGE PLACE - 0604-03 o 7127 SHAD AVE - 03-072 06-5-03 o 7097 COTTONWOOD CT - 0 0605-03 06879 BEAVER POND WAY - 06-5-03 o 6970 MEADOW CIRCLE - 03 06-5-03 o GAMBLING DONATION 0530-03 o 7020 BRIAN CT - DOG TAG 0530-03 o 7240 UNITY AVE - C03-040 0530-03 o COPY 0530-03 o 1729 DUPRE RD - P03-018 0530-03 o 1761 CENTER STREET - CO 0530-03 o 2003 COMMERCIAL HAULE 060203 o 6970 MEADOW CIRCLE- CO 060203 o TWO T-SHIRTS 0603-03 o 7054 EAGLE TRAIL - OPC03 0603-03 o 7333 OLD MILL RD - C03-04 0604-03 o 3 COPIES 0604-03 o 1778 DUPRE RD - M03-023 0604-03 o 1774 PARTRIDGE PLACE - 0604-03 o 1774 PARTRIDGE PLACE - 0604-03 o 7097 COTTONWOOD CT - 0 0605-03 o 7071 & 7073 CENTERVILLE 0605-03 06879 BEAVER POND WAY - 06-5-03 o 6970 MEADOW CIRCLE - 03 06-5-03 o 7127 SHAD AVE - 03-072 06-5-03 o REIMBURSE CITY FOR PH 0605-03 FUND 324 PARKVIEW DEVELOPMENT DEBT SERV Act Type R $1.036.09 5/30/2003 0 LEVIED ASSES. 6961 CENT 0530-03 $66.35 5/30/2003 0 OVERPAID LEVIED ASSES. 0530-03 Act $1.102.44 FUND 32 $1,102.44 $7.36 $73.55 . FUND 415 STORM WATER IMP PROJECTS Act Type R o UB Receipt Serv Pen 10 DR 053003ut o UB Receipt Serv 10 DRAIN F 053003ut 5/30/2003 5/30/2003 G 101-24503 Elee. Permit Surcharge G 101-24501 Plmbing Permit Surcharg G 101-24503 Elee. Permit Surcharge G 101-24503 Elec. Permit Surcharge G 101-22801 Waste Mgmt Fees Payabl G 101-11500 Accounts Receivable G 101-24502 Mech. Permit Surcharge G 101-24500 Bldg. Permit Surcharge G 101-24503 Elec. Permit Surcharge G 101-24504 Site Main. Escrow G 101-24500 Bldg. Permit Surcharge G 101-24500 Bldg. Permit Surcharge G 101-24500 Bldg. Permit Surcharge G 101-24500 Bldg. Permit Surcharge R 101-36250 Fire Dist. Reimbursement R 101-32200 Animal Licenses R 101-32225 Electrical Inspection R 101-34105 Sale of Maps and Publicat R 101-32180 Plumbing Permits R 101-32225 Electrical Inspection R 101-32100 Rental/liquor Licenses R 101-32225 Electrical Inspection R 101-37815 Sale of Merchandise R 101-32225 Electrical Inspection R 101-32225 Electrical Inspection R 101-34105 Sale of Maps and Publicat R 101-32210 Building/Mech. Pennits R 101-32300 Site Maintenance Fees R 101-32210 Building/Mech. Pennits R 101-32210 Building/Mech. Pennits R 101-36200 Miscellaneous Revenues R 101-32210 Building/Mech. Permits R 101-32210 Building/Mech. Pennits R 101-32210 Building/Mach. Penn its R 101-36270 Refunds/Reimbursements R 324-36100 Special Assessments R 324-36270 Refunds/Reimbursements R 415-32350 Storm Water Drainage Fu R 415-32350 Storm Water Drainage Fu CITY OF CENTERVILLE 06/06/03 11 :29 AM Page 2 Cash Receipts May 29 thru June 5, 2003 Tran Batch Amount Date Refer Comments Name Account Oeser $2.18 61212003 o US Receipt Serv Pen 10 DR 060103ut R 415-32350 Storm Water Drainage Fu $21.81 6/2/2003 o US Receipt Serv 10 DRAIN F 060103ut R 415-32350 Storm Water Drainage Fu -$21.81 6/212003 o UB Receipt Serv 10 DRAIN F 060103ut R 415-32350 Storm Water Drainage Fu -$2.18 6/2/2003 o US Receipt Serv Pen 10 DR 060103ut R 415-32350 Storm Water Drainage Fu $21.81 6/2/2003 o US REC Re-trans US SERV 060103UT R 415-32350 Storm Water Drainage Fu $2.18 6/2/2003 o US REC Re-trans US SERV 060103UT R 415-32350 Storm Water Drainage Fu $0.55 6/3/2003 o US Receipt Serv Pen 10 DR 060303ut R415-32350 Storm Water Drainage Fu $5.45 6/312003 o US Receipt Serv 10 DRAIN F 060303ut R 415-32350 Storm Water Drainage Fu $15.97 6/4/2003 o US Receipt Serv 10 DRAIN F 060403 R 415-32350 Storm Water Drainage Fu $1.62 6/4/2003 o UB Receipt Serv Pen 10 DR 060403 R 415-32350 Storm Water Drainage Fu $200.00 6/4/2003 o 1774 PARTRIDGE PLACE- 0604-03 R 415-34000 Chrgs for Serv. Drain $0.50 6/5/2003 o UB Receipt Serv Pen 10 DR 06-05-03UT R 415-32350 Storm Water Drainage Fu $5.00 6/5/2003 o US Receipt Serv 10 DRAIN F 06-05-03UT R 415-32350 Storm Water Drainage Fu $4.55 6/5/2003 o US Receipt Serv 10 DRAIN F 060503UT R 415-32350 Storm Water Drainage Fu $0.45 6/5/2003 o US Receipt Serv Pen 10 DR 060503UT R 415-32350 Storm Water Drainage Fu Act $338.99 FUND 41 $338.99 FUND 601 WATER FUND Act Type R $36.04 5/30/2003 o US Receipt Serv Pen 1 WAT 053003ut R 601-37100 Water Sales $360.38 5/30/2003 o UB Receipt Serv 1 WATER 053003ut R 601-37100 Water Sales -$195.50 6f2/2003 o US Receipt Serv 1 WATER 060103ut R 601-37100 Water Sales $19.55 6/2/2003 o US REC Re-trans US SERV 060103UT R 601-37100 Water Sales -$19.55 6/2/2003 o UB Receipt Serv Pen 1 W AT 060103ut R 601-37100 Water Sales $19.55 6i2i2003 o US Receipt Serv Pen 1 W A T 060103ut R 601-37100 Water Sales $195.50 6/2/2003 o UB Receipt Serv 1 WATER 060103ut R 601-37100 Water Sales $195.50 612/2003 o US REC Re-trans US SERV 060103UT R 601-37100 Water Sales $49.45 6/3/2003 o UB Receipt Serv 1 WATER 060303ut R 601-37100 Water Sales $4.95 6f3f2003 o US Receipt Serv Pen 1 WAT 060303ut R 601-37100 Water Sales $0.03 6/4/2003 o UB Receipt Serv Pen 30 WA 060403 R 601-34400 Safe Drinking Water Fee $170.96 6/4/2003 o UB Receipt Serv 1 WATER 060403 R 601-37100 Water Sales 5290.00 6/412003 o 1774 PARTRIDGE PLACE- 0604-03 R 601-34600 Water Meter Charges $0.28 6f4/2003 o US Receipt Serv 30 WATER 060403 R 601-34400 Safe Drinking Water Fee $1,500.00 6/412003 o 1774 PARTRIDGE PLACE- 0604-03 R 601-37150 Water ConnectJReconnec $17.54 6/4/2003 o US Receipt Serv Pen 1 WAT 060403 R 601-37100 Water Sales $37.40 6/5f2003 o US Receipt Serv 1 WATER 06-05-03UT R 601-37100 Water Sales $3.74 6/5/2003 o US Receipt Serv Pen 1 WAT 06-(l5-03UT R 601-37100 Water Sales Act $2,685.82 FUND 60 $2,685.82 FUND 602 SEWER FUND Act Type G $1,262.25 6/4/2003 o 1774 PARTRIDGE PLACE- 0604-03 G 602-20801 Service Availability Charg $75.00 6/5/2003 o SAC CHARGE -INTEGRA - 06-5-3 G 602-20801 Service Availability Charg Act $1,337.25 Act Type R $79,94 5f30/2003 o US Receipt Serv Pen 6 SEW 053003ul R 602-37200 Sewer Sales $799.49 5/30/2003 o US Receipt Serv 6 SEWER 053003ut R 602-37200 Sewer Sales -$22.33 6i2/2003 o US Receipt Serv Pen 6 SEW 060103ut R 602-37200 Sewer Sales $22.33 6/2/2003 o UB Receipt Serv Pen 6 SEW 060103ut R 602-37200 Sewer Sales -$223.31 6/2/2003 o US Receipt Serv 6 SEWER 060103ut R 602-37200 Sewer Sales $223.31 6/2/2003 o UB Receipt Serv 6 SEWER 060103ut R 602-37200 Sewer Sales CITY OF CENTERVILLE 06/06/03 11 :29 AM Page 3 Cash Receipts May 29 thru June 5, 2003 Tran Batch Amount Date Refer Comments Name Account Oeser $223.31 6/2/2003 o US REC Re-trans US SERV 060103UT R 602-37200 Sewer Sales $22.33 6/2/2003 o US REC Re-trans UB SERV 060103UT R 602-37200 Sewer Sales $5.35 6/312003 o UB Receipt Serv Pen 6 SEW 060303ut R 602-37200 Sewer Sales $53,45 61312003 o US Receipt Serv 6 SEWER 060303ut R 602-37200 Sewer Sales $163.46 6/4/2003 o US Receipt Serv 6 SEWER 060403 R 602-37200 Sewer Sales $16.56 6/4/2003 o US Receipt Serv Pen 6 SEW 060403 R 602-37200 Sewer Sales $12.75 6/4/2003 o 1774 PARTRiDGE PLACE- 0604-03 R 602-34700 SAC Charges $2,000.00 6/4/2003 o 1774 PARTRIDGE PLACE- 0604-03 R 602-37250 Sewer ConnectlReconnec $4.45 6/5/2003 o US Receipt Serv Pen 6 SEW 060503UT R 602-37200 Sewer Sales $44.55 61512003 o US Receipt Serv 6 SEWER 060503UT R 602-37200 Sewer Sales $49.00 6/512003 o US Receipt Serv 6 SEWER 06-D5-D3UT R 602-37200 Sewer Sales $4.90 6/512003 o US Receipt Serv Pen 6 SEW 06-05-03UT R 602-37200 Sewer Sales Act $3,479.54 FUND 60 $4,816.79 FUND 619 SAVINGS & CO INTEREST Act Type R $480.82 $5.93 $198.41 $729.31 $402.74 $1,817.21 612/2003 61212003 612/2003 6/2/2003 61212003 3 interest on investments May 05/31/03int 3 interest on investments May 05!31/03int 1 interest on checking May 03 05/31/03int 2 interest on investments May 05/31/03int 3 interest on investments May 05/31!03int R 619-36210 Interest Earnings R 619-36210 Interest Earnings R 619-36210 Interest Earnings R 619-36210 Interest Earnings R 619-36210 Interest Earnings Act FUND 61 $1,817.21 $28,789.85 FILTER: (([Period] in(5, 6) and [Act Year] = '2003') and [Tran Nbr] in(10,13)) and ((((((((((((((((((((Not [Tran Date]=#5/1/2003#))) AND ((Not [Tran Date]=#5/212003#))) AND ((Not [Tran Date]=#5/6/2003#))) AND ((Not [Tran Date]=#5/7/2003#))) AND ((Not [Tran Date]=#5/8/2003#))) AND ((Not [Tran Date]=#5/9/2003#))) AND ((Not [Tran Date]=#5/12/2003#))) AND ((Not [Tran Date]=#5/13/2003#))) AND ((Not [Tran Date]=#5/15/2003#))) AND ((Not [Tran Date]=#5/16/2003#))) AND ((Not [Tran Date]=#5/20/2003#))) AND ((Not [Tran Date]=#5/27/2003#))) AND ((Not [Tran Date]=#5/28/2003#))) AND ((Not [Tran Date]=#5/14/2003#))) AND ((Not [Tran Date]=#5/19/2003#))) AND ((Not [Tran Date]=#5/5/2003#))) AND ((Not [Tran Date]=#5/21/2003#))) AND ((N.ot [Tran Date]=#5/2212003#))) CITY OF CENTERVILLE 06/06/03 11; 17 AM Page 1 *Check Summary Register@) Name Check Date Check Amt 10100 MAIN STREET BANK Paid Chk# 018120 AMERICAN ENGINEERING TESTI6/11/2003 Paid Chk# 018121 AT & T WIRELESS SERVICES 6/11/2003 Paid Chk# 018122 AUTOMOTIVE DRIVE LINE SERV 6/11/2003 Paid Chk# 018123 AVLlC 6/11/2003 Paid Chk# 018124 BACKMAN, BRIDGET 6/11/2003 Paid Chk# 018125 BARNA, GUZY & STEFFEN LTD 6/11/2003 Paid Chk# 018126 CENTENNIAL FIRE DISTRICT 6/11/2003 Paid Chk# 018127 CENTENNIAL LAKES POLICE DE 6/11/2003 Paid Chk# 018128 CENTERVILLE FLORAL 6/11/2003 Paid Chk# 018129 CLEARWATER CREEK 6/11/2003 Paid Chk# 018130 CONNEXUS ENERGY 6/11/2003 Paid Chk# 018131 CONTINENTAL RESEARCH COR 6/11/2003 Paid Chk# 018132 EMBEDDED SYSTEMS INC 6/11/2003 Paid Chk# 018133 EXCEL TELECOMMUNICATIONS 6/11/2003 Paid Chk# 018134 HACH COMPANY 6/11/2003 Paid Chk# 018135 HOMES BY JAMES 6/11/2003 Paid Chk# 018136 HUGO FEED MILL 6/11/2003 Paid Chk# 018137 INTEGRA HOMES 6/11/2003 Paid Chk# 018138 IRS/MAIN STREET BANK 6/11/2003 Paid Chk# 018139 JANE J. LARSON & ASSOCIATES 6/11/2003 Paid Chk# 018140 LANG BUILDERS 6/11/2003 Paid Chk# 018141 MEADOWVIEW HOMES 6/11/2003 Paid Chk# 018142 METROCALL 6/11/2003 Paid Chk# 018143 METROPOLITAN COUNCIL ENVI 6/11/2003 Paid Chk# 018144 MINNESOTA DEPT OF REVENUE 6/11/2003 Paid Chk# 018145 NATIONWIDE RETIREMENT SOL 6/11/2003 Paid Chk# 018146 OFFICE MAX 6/11/2003 Paid Chk# 018147 PRESS PUBLICATIONS 6/11/2003 Paid Chk# 018148 PROCRAFT HOMES 6/11/2003 Paid Chk# 018149 PUBLIC EMPLOYEES RETIREME 6/11/2003 Paid Chk# 018150 STANTON GROUP 6/11/2003 Paid Chk# 018151 SWIFT CONSTRUCTION 6/11/2003 Paid Chk# 018152 T.A. SCHIFSKY & SONS INC 6/11/2003 Paid Chk# 018153 TIME SAVER 6/11/2003 Paid Chk# 018154 TOM THUMB 6/11/2003 Paid Chk# 018155 TRU GREEN - CHEM LAWN 6/11/2003 Paid Chk# 018156 VALLEY CREEK LAWN & LANDS 6/11/2003 Paid Chk# 018157 VERIZON WIRELESS, BELLEVUE 6/11/2003 Paid Chk# 018158 XCEL ENERGY 6/11/2003 Total Checks FILTER: None JUNE 2003 $2,800.00 SOIL BORINGS CENTERVILLE RD,PE $236.37 P.W. CELL PHONES $20.00 TIRE REPAIR $456.00 DEF COMP - PR 6-05-03 $212.26 REIMBURSE BUSINESS APPRECIATIO $6,285.50 CIVIL MATTER - SERV THRU 5-31- $12,500.00 GAMBLING DONATION CENTENNIAL F $40,379.08 JUNE SERVICES $42.60 FUNERAL FLOWERS $28.30 FUEL FOR MAY $384.58 7087 20TH AV N - SERV THRU 5-2 $122.28 BRITE IDEA A $396.00 SIREN MAINTENANCE FOR JULY THR $4.66 SERV THRU 5-24-03 $44.31 CHEMICALS $200.00 6851 BEAVER POND WAY-02-176-SI $4.23 SUPPLIES $200.00 1741 DUPRE 02-154 - SITE REFUN $3,756.42 PAYROLL W/H 6-5-03 $66.35 OVER PAID LEVIED ASSESSMENTS $200.00 6805 GROUSE HOLLOW-02-177-SITE $600.00 1654 HUNTER'S TRL-02-121-REFUN $49.53 PAGERS $5,049.00 MAY 2003 SAC $650.63 PAYROLL W/H 6-5-03 $229.00 DEF COMP - PAYROLL 6-5-03 $602.18 OFFICE SUPPLIES $367.65 PROP ORD 76 $200.00 1787 DUPRE RD-02-156-REFUND SI $1,560.54 PAYROLL W/H 6-5-03 $100.00 FLEXIBLE SPENDING ADMINISTRATI $1,200.00 6979 PORTAGE WAY-02-142-REFUND $193.93 MAY 21 & 22 2003 ASPHALT $149.30 5-14-03 COUNCIL MEETING $175.64 FUEL FOR MAY $1,334.46 CITY HALL LAWN CARE $3,048.03 LAWN MOW SERV THRU MAY ~81.07 P W CELL PHONES $1,590.98 SERV THRU 6-1-03 - 1694 SOREL $85,520.88 CITY OF CENTERVILLE Paid Register 06/04/03 9:42 AM Page 1 Check Employee Pay Pay Group Check Check Numbe Number Employee Name Period Description Amount Date Status 007271 000000047 COOK, KENNETH 12 BI-WEEKL Y $202.63 6/5/2003 Outstanding 007272 000000026 PALZER, PAUL J. 12 BI-WEEKL Y $2,103.62 6/5/2003 Outstanding 007273 000000093 STEPHAN, KIM 12 BI-WEEKL Y $845.74 6(5(2003 Outstanding 007274 000000094 MOORE-SYKES, KIMBERLAI 12 BI-WEEKL Y $1,632.01 6/5/2003 Outstanding 007275 000000098 PAULSETH,ELLEN 12 BI-WEEKL Y $1,376.92 6(5/2003 Outstanding 007276 000000091 MCPHERSON, JOEL 12 BI-WEEKL Y $1,104.73 6(5/2003 Outstanding 007277 000000075 PETERSON, TEDD 12 BI-WEEKL Y $990.44 6/5/2003 Outstanding 007278 000000069 BENDER,TERESA 12 BI-WEEKL Y $984.90 6(5/2003 Outstanding 007279 000000080 SWEENEY, KRISTEN 12 BI-WEEKL Y $779.44 6/5/2003 Outstanding 007280 000000073 BROUSSARD, LINDA 12 BI-WEEKL Y $0.00 6(5/2003 Outstanding 007281 000000110 LEE, THOMAS A. 12 BI-WEEKL Y $184.70 6(5/2003 Outstanding 007282 000000111 PARR, JEFFREY S. 12 BI-WEEKL Y $184.70 6/5/2003 Outstanding 007283 000000068 SWEENEY, TERRY 12 BI-WEEKL Y $227.58 6/5/2003 Outstanding 007284 000000089 YELLE-CAPRA, MARY J. 12 BI-WEEKL Y $147.69 6/5/2003 Outstanding $10,765.10 Centennial Fire District Check Register 6/3/2003 The disbursements listed below are submitted by the Centennial Fire District for your approval: DATE 613/2003 613/2003 6/3/2003 61312003 6/312003 6/3/2003 61312003 613/2003 6/312003 6/3/2003 6/3/2003 6/312003 6/3/2003 CHECK# NAME 13809 13810 13811 13812 13813 13814 13815 13816 13817 13818 13819 13820 13821 ACCOUNT Arthur Mohler Aspen Mills Cascade Fire Equipment Company Centennial Utilities Diversified Texturing & Engraving Emergency Medical Products, Jnc. Kevin Stewart McLeod USA Metrocall Milo Bennett Verizon Wireless Stacy's Specialty Stitching Image Printing & Graphics 42280 - Miscellaneous Expense 42120 - Uniform Expense 42130 - Equipment Expense 42251 - Station 1 . Gas 42130 - Equipment Expense 42260 - Medical Supplies 42230 - Cleaning Supplies 42240 . Telephone 42240 - Telephone 42000 - Vehicle Maintenance 42240 - Telephone 45600 - Donated Items Expense 45010 - Safety Camp Expense Total 1 of 1 AMOUNT 23.54 88.45 43.75 139.06 517.00 192.74 14.30 352.12 69.90 207.64 133.61 23.00 57.01 $1,862.12 STATE OF MINNESOTA COUNTY OF ANOKA ~\\~~ ,,~v ~ (\ A,!I~ . J,l '" \ \v'wll , .../l~\f '. I {i'''' ~rl- f /\~ y-r' ervi[[e CITY OF CENTERVILLE NOTICE OF PUBLIC HEARING RE-ZONE FROM R-l (RURAL RESIDENTIAL) to R-2 (SINGLE FAMILY RESIDENTIAL) PLANNED UNIT DEVELOPMENT (PUD), LOT COl\1BINATION, PRELIMINARY PLAT & COMPREHENSIVE PLAN AMENDMENT ADVANCING THE DEVELOPMENT STAGING/DATE FOR ANTICIPATED DEVELOPMENT (MUSA) FROM 2006 & 2011 TO . 2003 ASSOCIATED WITH THE PROPOSED HUNTERS CROSSING 2ND ADDmON PHASE I & n SUBDIVISIONS NOTICE IS HEREBY GIVEN, that the Planning & Zoning Commission and the City Council of the City of Centerville will consider Mr. Richard S. Carlson's request to Re- Zone, Lot Combination, Preliminary Plat and Advancing the Development StaginglMUSA from 2006 & 2011 to 2003 associated with the proposed Hunters Crossing 2nd Addition Phase I & II Subdivisions. The meetings will be held on Tuesday, June 3,2003 & Wednesday, June 11, 2003 commencing at 6:30 p.m. or shortly thereafter. The meetings will be held in Council Chambers at City Hall, 1880 Main Street. A Public Hearing for Re-Zone, Lot Combination and Preliminary Plat was held at the Planning and Zoning Commission on May 6, 2003 and the Commission recommended approval of the Lot Combination and Preliminary Plat to City CounciL No action was taken on the Re-Zone request at this Public Hearing. . A Public Hearing for Re-Zone, Lot Combination and Preliminary Plat was held at the City Council meeting on May 14, 2003 and action was taken to continue the public hearing until June 25, 2003 at their regularly scheduled meeting. Mr. Carlson has signed a 60 day waiver allowing the City additional time to consider the above stated matters. All persons interested are invited to attend and to be heard orally or in writing. You may contact the City Clerk's office at (651) 429-3232 or by facsimile (651) 429-8629 if you need additional information. If you desire, you may e-mail: ksykes@centervillemn.com or tbenderrmcentervil1emn.com with questions or concerns. This notice is also available on the City's web site: www.centervillemn.com. City Hall is ADA accessible. Requests for hearing assisted devices or a sign language interpreter must be received prior to 4:00 p.m., May 30, 2003. May 15, 2003 Teresa Bender, City Clerk Published in the Quad Community Press May 20 and May 27, 2003 .-.:!2 2006 ...:r ---""......__...-,...-~l~ '1 2011 /,""'crc"", j-<' o\, f,." '} l MAnS'03 \ f -~-~._~/ 1880 Main Strut . Centtroilk,;M9{ 55038 Mr. Walter Prachar or Current Owner 6756 Centervil/e Road Centervil/e, MN 55038 !t. ~/'''''0G''''''',- /<- 0\ ',i J 1-!AY1S'Q3 \ , \ I .'-.~...~~/. tervi{{e 'Esta6{isfiet[ 1$S7 1880 Main Strut . Centerville,;M9{ 55038 Mr. Richard S. Carlson or Current Owner 6813 Centerville Road Centerville, MN 55038 U.S. POS7f>1iS' *f ~{.. r, 7 M . %1 ~( iJ lJ.J I . : Hi>iET!;P. i51.l.:i1 ;1 u.~ POSTAGE */ ~ ~ :':7>00.3 7 : : = " t..j ~.hETEn 1S:: 1'~ ~ '* (,<~:\JG-~\ . HAI1S'03 ) , " '~d teroi{{e 'Estafj{isftd 1B57 1880 !Mu.in Strut. Centtroilk, ;M9{ 55038 Mr. & Mrs. Thomas Wilharber or Current Owner 6849 CenlerviIJe Road Centerville, MN 55038 v.s. i'::5TAGE "'I ~ ~ ){o/"J!!'O n 7 7 . .., S-' J.J. 1; ~~ :i H METER 15214 -I nj }4' -t; _'--;-;.~.:o. ".+,..;./ "->~:'" _..._...~e__..M~_~'1.~~~~~~;r~~~~~~~~;;~;~&::j;:_ f /~JC>', /-<. 0\ ( HAI16'OJ J '. /'. ....... ,~t~. \ -..,.:...-:.- 1880 Main Strut . Centeroille, ;M9{ 55038 J.E. Schwartz or Current Owner 6882 Centerville Road Centerville, MN 55038 --=R liS. F05iAGE *1 (:f,g~) ~ ~''''--v"",O n 77 . ,,; $~ U.J I . :j ,,' N HETER 151141 *1 ".~......... /1:' ~ 0\' ( HM16'03 J \ I ~:.5/.' :880 Main Street . Cemerviffe, 'M'J,( 55038 Mr, & Mrs. Kenneth Vanderbeek or Current Owner 6892 CentelViIle Road CentelVille, MN 55038 ~ l . u.s. PO~jAGE ~l ~ i( -- -....[ :',- Y~Ofl77' " ~( U.J 1 . ~I !-P-1ETEF::52141 ;1 ; _::'__:"-!l..M .1,-N5al..i.it-~ _.:h...~~~~~~:.,. c:~~\ I{AY16'03 ) !-~y tervi{{e 'EstL1Jjfu{IIM 1857 880 !MamStreet . Centerviffe, 'M'J,( 55038 Current Owner 6903 CentelVille Road CentelVi/le, MN 55038 U.S.I'OSTAGE "--l ,,~) ~l Sf..\?'<=n 7 . *1 ~?"U 0.3 I . '" ~~ ;;"' HML::TER ;52141 *" tervi{[e 'Esta6[islied 1857 ,/~ ('<" 0\ W,Y16'03 ) ~!:!.2!/" 180 Main Street . Centervi/Ie, 'M'J,( 55038 Current Owner 6851 Beaver Pond Way CenlelVille, MN 55038 u.s. POSTAGE '* I ~"7;'~ '* ~~o 07.7' ;1' ~'2.k .J. : " HI.r,f.:.H~'a ~oj71rl~ *1 /G~- /~, 0 . ( \ HAY1S'OJ ) '''-.----.::.' "',/ ervi{{e 'Esta6[isfid 1857 80 Main Street . Center<.JifIe, 'M'J,( 55038 Current Owner 6857 Beaver Pond Way Centerville. MN 55038 u.s, POS,AGE "'I ~ "I ,~J~ -'1;.: 0...{ 0 0.5 / . " -, Zj HH(.::TES15Z!41 It tervi[[e 'Estahfislietl 1857 /--\JG>...... /-<- 0\ 1 NA\'lS'QJ )' \ - \~~/ uz. POSTAGE ~ ~ ~I '~O 0 --; 7 1 @.,~ ',,): ~! H MEH::n tS'71.~ 'I *i 1880 MainStrnt . CenterrJifk, M!TX. 55038 Current Owner 6865 Beaver Pond Way Centerville, MN 55038 ,I . = "l'5,;!'" .r~~~~..$Z~~~.f1Z.>";~~;{;"~~"'~""-' ".__,;~ ,/~ ;-~" 0\ ( j4M16'03 ) ,.~!~) .,., ......-.--"'" x~ u.s. POSTAGE' ::1 -;pc "I ~~C~ :;';~: ~ 1880 '7vlain-Strut 0 CentmJillt, 'M!I{ 55038 ervi[[e 'Esta6fisliet{ 1857 ~-~ /uc /-<- 0 , \ ( ~'\\'1S'03 j -. , \~~_/ u.s. POSTAGi:: *, sm ;;1 );.";''}?'Jon3'1, *1 d:Z~~ u. I.r *1 fl HME~ER :-5214-1 "i Current Owner 6868 Beaver Pond Way Centerville, MN 55038 1880 !Main-Street. CenterviIft., 'M!I{ 55038 Current Owner 6871 Beaver Pond Way Centerville, MN 55038 tervi[{e 'EstaJj{isnetl 1857 _","/~\JG''''''... /-<- 0\ ( MAY15'OJ i , J \'\,,:,,,:_..~.,,/ U.S. POSiAGE *' ,~) ~J -"~~n 0 --; 7 . *1 :8!!:-~?-..( L .;) . ~ " Hr..1E;E~~ 157.f41 -r.-I 1880 !Main- Street. Centerviffe, !M9( 55038 Mr. & Mrs. Hector Gaeta or Current Owner 6874 Beaver Pond Way Centerville, MN 55038 ...tervi[[e 'EsttzUisfted 11157 1880 MainSt,ut 0 Cenu.rvifft., M!J{ 55038 tervi[[e 'EstabCislid 11J57 1880 Main S"ut . Cenu.rvifft., M!J{ 55038 Current Owner 6879 Beaver Pond Way Centerville, MN 55038 .-"'-"\jr--... l~~' '.) 0\ ! ""1"'0" )' \ I'll'll u U,J \ \,,~_/ tts. POSTAGE "'1 ~~ n 7'7 . ~I ?&~ 0 U.J I . ~l ~, l-Hy~CTE? ']!;2~!'~ ~1 Purmorl Homes or Current Owner 6880 Beaver Pond Way Centerville, MN 55038 ../DC"- {<- 0\ \ HAY 1 5 'OJ I \~~// l!.S. POSTAGE l~ ;, 'k .,. " .,. H"~ElS:R l~2141 * ~;3J "):33J~'$> 0 rn 7 . ~~ L........ . 880 Main Street. Centerui/le, M!J{ 55038 Current Owner 6883 Beaver Pond Way Centerville, MN 55038 /~G->~, I~(> L 0'. ( MAllS'03 ) \..,. f ~ ~.~_// '-'-- u.s. pnsrAGE *} ~@ ;1 ~~'''$O 0 7 7 . *1 ~~ .J' ~I - t.-i l-I M:::::C:R 1~21d~ *1 tervi[{e 'EstabCis!id 11157 180 ~ Street. CenteruiIfe, M!J{ 55038 Current Owner 6884 Beaver Pond Way Centerville, MN 55038 /_..-'\J(;"'" (-<- 0\ I M/,I1S'Q3 ) \ l \"'~~_/ u.s. PQSTAGE "" ~~DO'7' ~ ~_~ .v. ; iii-';Erm "1.1.' -;) :tervi[[e 'Estaf1[i.sfzea 1857 1880 Main Strut . Centeruilk,!MW: 55038 " Current Owner 6887 Beaver Pond Way Centerville, MN 55038 /.....0G...,~ /0 0\ i \ I HI:Y16'03 ) \ j -...._,-...J~:_.,,/ ;r tervi[[e 'Esta6[isfied 1857 1880 Main Street 0 Centerui1k,!MW: 55038 1880 Main Street. Centeruifk, !M!lf. 55038 Current Owner 6BBB Beaver Pond \Nay Centerville, MN 55038 u.s. roSTt...GE 'k! ~~ ~ q03~O 0 "Z 7 . *1 N ~ ~J . ~ 1< H~!'ETf.1 i~(1d1 ? _.to~.__.. ____ .!.~:r.~~rr,f;i.'2i;~~.~=:~~':;''''''~-:' ,r;/0C",- j'(' 0 ') ( HAY16'OJ \ tn.; / -........:-.--- u,s, nlSTAGE *1 :;:-1f~L 1 \,,*,,,.,,'1 n 7 7 . ;; @:~ U L.J .: *, H ~tl~TE.R 151141 *1 Current Owner 6891 Beaver Pond Way Centerville, MN 55038 //C;-G""~ /-;.' 0\ ( I~AY15'03 ) \.. ! \ / '~,~. tervi[[e 'Esta{j[i.sfzea 1857 1880 Main Street. CentercJi([e, !M!lf. 55038 :x;';~ u.s. rCSTAGE ~ll '1}3~;;sf' 0 ~ 'I . tj @;,j U I .J I ' " "- ;1 HMEn:i~ -~~2i<~1 t: -..- L_~_~_.~ -___. ~...c::J..""~~c,,--'~"~d1~~~.zi Current Owner 6872 Deer Court Centerville, MN 55038 ...../-0C~ (+ 0\ f H,W1S'03 J \ j \ / "........~r.... " u.s. POSrAGE :.} ~~ ~ :,>1 /1~ ;P':U'lIJ 7, 7 . ., 8~J1 "\ ,0 I .. *1 !' H!'>f;~rER E:!i...i"i .. ,,-'/UG"-,~" /'C-- 0\ I \ \ M,W16'03 ) \".l..:':~...._..f/ 'tervi[[e 'Est:abE.sned M57 1880 MainStre.t . Cent.roil4,!M!ftf.. 55038 Current Owner 6873 Deer Court Centerville, MN 55038 " U.S. POHAGE 'l''''! ~~1L. _ t.-:1 -\;="'7"" 0 n3 7 ;;; I &~ 'U,' III :-.: ~~~;'EP 1;"7.1.: r x tervi[[e 'EstaHisfrd M57 ...--........ /.... \J G '" /,,<" 0\ ( ~AY16'03 I \ ' \ I \....,-!.:.L~/P 880 !Main Street. Centtmtifft., !M!ftf.. 55038 Mr. & Mrs. Dave Berkowitz or Current Owner 6877 Deer Court Centerville, MN 55038 _ u.s. POsrAG;F. r'd Ti1:.~ ~ 0 7 ~.; 25,j' U U.J 7 ;" ~_1 *1 ",I r!(l..:ErER ;:';'1~~ 'of'" ~/<JG'-", /0 0" ! \ \ KlllS'O} j \." / .....,~~~--...I' tervi[[e 'Esta5{isfted M57 ~80 9daln Street. Centervi/Ie, :M9l 55038 Current Owner 6878 Deer Court Centerville, MN 55038 . u.s. POsrAGE 1': ~) +: )/fAPO 0 7 7 . ~ ::=:?-~ .J. ~; " H~.~.t.TE~ 1571.~1 '/; A!r'!llr.!';' .-.-..--.---... -.------- _JA. !!l.l'!f.~~-e- 'ii ~'E~~~.!~~~: tervi{[e 'Esta5{isftetf 1857 ,,/iJ(5''-. /,,' 0" ! \ l 1,IIS15'03 ) \..,~ t ~ i~ ./ ......-..:..-.:..:...-"'" '80 Main Strut. Cent.roil4, :M9l 5,038 Current Owner 6881 Deer Court Centerville, MN 55038 _'~~ u.s. FCSTAGE tr4.., ";-)2 . ::::~'93 "7 r-7 ~ ~.1 0, ( 0 O.J / . ,..I L., ~, HMET[f< 15"2141 ... ervi{[e 'EstoUisfzed l1J57 1880 Main Street. Centerviffe. 9v&ol5503JJ Current Owner 6882 Deer Court Centerville, MN 55038 " ......../~\jG'-'.....'-.., 1":- 0\ [\., )' ~lAl16'03 \\,._.~!..~~/../ 1880 Main Street 0 Centerviffe, 9v&ol55038 Current Owner 6885 Deer Court Centerville, MN 55038 US. FDS1AGE -~ I ~;:1!j) ~ -,o/~O n ~ 7 ..\ ~J;. ( I U...) ::;, -<=, .. " H kETtii' 15'1~d'f *1 'I ~ f'r-n~',,,;-!&S!S'ii!e! ::-~_. .. ;.-~. ~~=--=,"1..,..-.-....,.....,.,...;~ (.-'~" ..(, 0\ \ ""'16'03 ) ~!.:.~' u.s. POSiA:.GS' *\ %~ ' ;1' ""'.0:'~.. IT (1U 7 7 ' "" @~( ~J. ~ " HM~TER ;~21/'1 )'t" 1880 !Main Street . Centtruiffe,!M!li 55038 ,..-....-'\5c-.......... /.<, 0\ r \ I 1-11,116'03 ) \ , ...-.......,...:~// Mr. & Mrs. Michael Swanson or Current Owner 6886 Deer Court Centerville, MN 55038 US. POSTAGE *1 ~:~ : &fro 0.3 7 : :1 ".... "fI ,< HHETER :::;:21'::~ ~l tervi[[e 'Estafj[isfzed 1857 18809.fainStrut . Ctnttruiffe,9v&ol55038 Current Owner 6890 Deer Court Centerville, MN 55038 /--\J-{]'-'" /0 0\ i ". f J \ HAY1o'Oj j \.....-..J...:!2-.// us. l'QSTA.GE .*1 ~W, : ))""-'"'-0 n ~ 7 " ~..{_. u~j ~-!i HM~rc~ :~;::::~:1 ;J , terrJi[[e 'Esta6[isfrd M57 1880 !Mom.Stnet . Cente:roifk,9ob{. 55038 Current Owner 1608 Hunters Trail Centerville, MN 55038 ~ l /~.J?-" (0 0, lW16'03 ) ~~ U.S,' POSTAGE *1 ::<":2-m; * q-<.'6'.,..,O '1 ., 7 . ; ~,,/ v.O . "I -~ :)'" 1<' H~.~:ETER ~5J:1d1 wi :880 MainStnet . Centerviffe, 9of!J.(.55038 Current Owner 1616 Hunters Trail Centerville, MN 55038 /\;)J' (.{-' 0 \ J.j'\;'16'03 ",~~ _~l:.~ _1:S.'!I...~.~__~,c . u.s. POSTAGE *' ~ ; ~", 70 0 -: 7 . '" &7-.!.1 ~J. ~ "" HM2:Tf.? H2!4.1 ;Or 880 Main Strut . Ce:nttrviffe,9ob{. 55038 Monarch Homes or Current Owner 1624 Hunters Trail Centerville, MN 55038 terrJi[{e 'Esta6M!ea 1857 :80 MainStrttt . Ctnttroilfe, M!Jf.. 55038 Current Owner 1638 Hunters Trail Centerville, MN 55038 /\le"" /0 0\ ~,M/;.l'16'OJ ) '~1"~./ --.-- /J-c'-\ /0 0\ \ HAri6'03 ) . .", / ',--,-,:,/ ::~? U.S.P-CcrAGE il -\'d;;'-€:;~O n -: 7 . "I' @.~ U.J . i HM€r!:::R 'i~2f~1 f,'f ~~~J>O~'SO'?;5T7^B~ ill &-......( . v . ~ 1, Ht>~ETE:R lS2141 )'r 1880 MairlStreet . CentmJiffe, fM!J( 55038 t(' ervi[[e 'EstafJ{isfw[ 1857 1880 MairlStreet . CenteroUk,!M!J{. 55038 /-,j-C'" /~, 0\ ( l~iW16'OJ ) \ , \, "'.; / ,------' Current Owner 1646 Hunters Trail Centerville, MN 55038 -:"'" 1J.s. PGSi't..GE ~I' ~~ :. -. '~O 0 3 7 . ,,' @:.~ ( .' .:1 H M.ET~:;' rS7 ~41 ~f '-~~~~~"?~"ZZ~.2~~=-~~~':;;:~~~~;;;;e~;;;:;;:':.: ~---" /.?, 'j C '6- / 0\ 'i,' '. HAllS'OJ j \ J "~Y Current Owner 1654 Hunters Trail Centerville, MN 55038 ....,=-0- U.s. POSI?4\'lt *" ~~~) 1;: q~"",o 0 7 7 . ; ~i1r .J . ~ w H r"::::TE;c E:I ~..-t'/ l\- ervi[{e 'EstafJ{isfw[ M57 1880 MairlStreet . Cente1'1lifk. !M!J{.55038 .tervi{{e 'Esta6{ishd 1857 1880 MairlStreet . CenteTTlifle, fM!J( 55038 /'0G''- ;-<- 0\ (1\ ) I.~l 16'03 \. / '---J,:,,:,,y Mr. & Mrs. Kevin Selander or Current Owner 1662 Hunters Trail Centerville, MN 55038 :~ us. r=OS1t-SE ;1 "'{Y9'Q. n 7 7 . ';j 1!:~j, ~.J I . ~ H r..:ETER :~~i~1 ;1 /\JG"...... f/-.{' 0\ f "'''1,'07 \ , r;j,l,-,v.j } , , \ / ""-'-.J.'~~/ Meadow View Homes or Current Owner 1668 Hunters Trail Centerville, MN 55038 ..,;,~ u.s. PCSTi..GE trJ1 :;e*~) : -:;~\.~n n 7 '7 ~ '~l ~~t U U.J, . fl H~.~::!f:R ~.J;'~/.~ *1 -' ':---., /' \J " C "- /-<- 0\ { \ i V,W16'03 I \ J ......,.L.~:-',./. :tervi[[e '.f.stafj[isfreti 1857 1880 :Main Strut. Centt:roi!Ie, M2'{ 55038 Robbie Construction or Current Owner 1671 Hunters Trail Centerville, MN 55038 " /....~-c.~....... (-~ . 0\ '1'"'r'~'r.7 \, \ "r~Uj \ ! "'" I." / ~~ ervilfe 'EstafJ[isheJ[ 1857 "880 :MainStrut . Centeruifk,!M!J{ 55038 Mr. & Mrs. Josh Wlaschin or Current Owner 1678 Hunters Trail Centerville, MN 55038 l:. ~ ~"'TA"- ~ ~~ -: ~ uC~1 -'~~~~[J n ~ 7 . ~JI &~~ lJ,v"';f H ~~:::::';-F:?' -,:; '.'11.11 ;J @"l U.S. POST./\GE ~f ~p~ f) n -"., . :;/ E.<~ '".J I . ;; K~-iEfER i;:?~'~1 ;1 h- ....; tervi[{e 'EstafJ[isfretf 1857 .../\j-G'-,,- /+ 0\ I , \ i~'\~1~'03 ) \ ,-,"., '" ~- ~80 :MainStrtet . Centeroille, M2'{ 55038 Current Owner 1681 Hunters Trail Centerville, MN 55038 """ u.s. PC-5H.GE ':l"1 ~~- ~ '\,~<i'.!>O In 7 7 . ;;, ~_( u.v . ~I ." H~.f~"TEr: ~C;~~,~1 .",. /'''-''00>'" /-<- 0\ { ~i'\116'03 I \. / " "" ''''-..L~./ tervi[[e '.f.stafJ[isfretf 1857 '80 Main Street. Cmteroille, M2'{ 55038 Current Owner 1686 Hunters Trail Centerville, MN 55038 tlS. POSTAGE 'ltl 9~ ~- -~~Y"''''O n 7 7 . */ ::tff:;.__( !.J.J," ~ ~ Hl\q~TE,i" 'rS~141 *1 'tervi{{e 'Estaf'{isfiet{ 18S7 1880 Main Strut . Cmtervilk, 'M5'{ 55038 ~ l ....,..-C}~'..... ',," 0\. ( \ - "'Y'16'~J I \ "., , v ) "'-.L~~:..--/ Career Homes, Inc. or Current Owner 1689 Hunters Trail Centerville, MN 55038 1880 Main Strut. Centervilk, M9>[ 55038 I.i.S.r-oS!'i:.GE */ - ~ :1,- D 0.3 7 : fj " ;; ~~;;.n::~ E 21.4 , 1~ ..~_"h't.:a'il:~~z.."Z~'2;.r:;'"-:~~''Z'"...,......"_~'''r-.r<"~<p",,,~,?~~;;,;;;~~;,-~~~;;:,:z::,:,,~ /......\JG~..... /.-1.' 0\ ( fIAY15'OJ ) " . / .----!.~~ Current Owner 1694 Hunters Trail Centerville, MN 55038 u.s. FCSTAGE * ~~ ':; x'.~O U'] 77' ',' @.~_( .J. ~ H METER ~:;11J.1 *1 tervi[[e 'E,sta6[isfzetf 18S7 1880 Main Street . Centervilk, 'M5'{ 55038 i:tervi{{e 'EstaNisfzd 189 1880 Main Strut . CenterViffe, 'M5'{ 55038 ~"""--=---, h.\JG~ ,0 0\ r 1~!;Y15'OJ ! \, /<.~ j ~-_./ Current Owner 1697 Hunters Trail Centerville, MN 55038 - u.s. f'VSTAGF. "/ W~ n-' . ~ ~tl./" 0 U.J 7 . ,~, -. -, ~I Hf':H:::TE~~ 152141 .. /-\~" /"{~ 0' , \ { "'Y'5'PJ \ \ "'" I.. I ", y' .... t, ~ 1 ~,~ ~ Mr. & Mrs. Michael Dunne or Current Owner 6907 Tourville Circle Centerville, MN 55038 ~w~ lJ: ~S:~~E ~l ifi.-j 0 G.J / -- "I '_7 ~l !i1c1CTEi? i:J1,~1 ;-, ervi[[e 'E.;tcW{i.sfiet{ 1857 1880 Main StrUt . Cente1'lJiffe,!M!N. 55038 .I<./'0Q-......~, !'<' 0\ 1\ MAY1S'03 ! . I \'---....:.~---~!- Mr. & Mrs. Lawrence Klecker or Current Owner 6908 Tourville Circle Centervifle, MN 55038 .' ervi[[e 'E.;ta6{isfzetf 1857 [880 Main Street . Ctnteroiffe, !M!N. 55038 Ms. Dawn Sperry or Current Owner 6913 Tourville Circle Centerville, MN 55038 ,./00" /..(- 0\ ( MM16'03 1 \ J ~_:5/ 1I.S-. Pt-;Sn.GE wI ~) f~ --"~'~n p 77. ;1 &~4 U J.,) I . ~l '" H M2:TER i~;Z U -: -,!;oj ~ - ~'~"=-=""''''''~~: o.s. POST.:\GE ~r">,' -.0""", nO'" '7 , @,;o v .J I . H~..j;;:T~P. iS~~~1 --_.~::","~'S':!::E~ ervi[fe 880 Main Street. Centeroiffe, !M!N. 55038 Current Owner 1707 Dupre Road Centerville, MN 55038 /'\.I~ /0 u 0\ ( WIl16'03 J , , \, !, '1/ ----- _.....;~~f6.... --=- v.s. POSTf~G5' 'le'! ~:Ii~ $: ~:?O 0.3 7 : :1 Ht"ij-:T:::~ ,57.141 * L,tervi[[e 'Esta6{isfzetf 1857 /80 Main Street. Centeroiffe, !M!N. 55038 Current Owner 1715 Dupre Road Centerville, MN 55038 //-UG" ;0 0\ f . 1 WIY1S.03 ) ~ " \., "" / -.....:..:..::>...' ~~~'l tlG. POST.:~GE ;11 -"~'-~O) 7 " 1z....? L.3 : ~ ~.::! * H MEiER E2~1! 1 ::J ervi[[e 'Esta9islied M57 1880 :Main Street . Centeroiffe, M!J( 55038 " 1880 :Main Street . CenteroifU, M!J( 55038 Ms. Jill DeVires or Current Owner 1721 Dupre Road Centerville, MN 55038 /'~iJ~ /-<' 0\ I l'.AYlo'OJ \ \ j \ ' '...!.:...~_./ ~a u.s. POSTAGE Ell L '~(l n 77 . .. @.~ U u..J I . ; ~~ ~':'iETt:R ~:~L~-j ;1 Cuurent Owner 1729 Dupre Road Centerville, MN 55038 /IJ[~ lx.' 0\ ( WS1S'03 ) \ J ,,1"1.,/ --- us.. POSTAGE ?l @ ;. ,,,-l?~o 0 ., n . "I ~( . .J / . ~l H't,1;:;E~~ Hill~~ *", ervi{[e 'Esta.bG.sfid 11J57 1880 :MainSmet e Centervilk, M!J( 55038 Current Owner 1735 Dupre Road Centerville, MN 55038 -. ----. ~-~. ---- - ../,:<J-C'-... /"{" 0\ \:,I','1^'03 ) 1,..,1 ,n 1I ! I t:V' ~J'=~ U.5. POSTI1'3E ~ J ....j::J::?) ~~l "2.;;:p-$O n ., 7 . *1 :?!i:~( u.-j, ~ ~ t-U,,:E"fEl{ 1S~!.i~ :j tervi[{e 'Estab[isfierf 11J57 1880 :MainSmet . Centervilk, 9d!J{. 55038 Current Owner 1741 Dupre Road Centerville, MN 55038 //\)-(;:'-........ /-<'<' 0\ { fMY16'03 } '\..-..!..::.~J U.S', rosrAGE ~. ~ ~~O n 77 ' ~II ;J&....{ U,J .;; ~ ~.:;f:TF.:;~ ~;2141 '*! ervi{[e 'Esta6Esfiet{ 1B57 1880 Main Strut '. C.."tmJi!k, 'M!J{ 55038 ,{ '880 Main Strut . Cenurviffe, ~ 55038 ~\Ji;>~ /.<, 0......\ ( {"".e'"3 \ ".., 10 OJ j \, '..., / '----_/ Current Owner 1747 Dupre Road Centerville, MN 55038 ~~~~ IJ.S.P~"i"..;.GE ~f ~~?~n 0 7. 7 : ;/' ~':t.~ U .v. :. ,. H>~:.::r22 ~5':?'!,1~ ,~ ,~, "0 0\ { \ BAY16'03) ~ Current Owner 1748 Dupre Road Centerville, MN 55038 u.s. P;JSrAGc f<j ~~' : J:I'?-" 0 0.3 7: tl -~....~ *' " H M;::::H;:f.': "1 S:?141 * tervi[[e 'Estafj{isfw{ 1857 ~80 Main Street . Centerviffe, 'M!J{ 55038 ~~G''-''o, (~\hY1G'03 0\) ~~.;'~~;;G~ ~f \~~/ ~'~~ErE~ ~':1"'" ~I Mr. Richard S. Carlson or Current Owner 7671 Central Avenue Fridley, MN 55432 '80 Main Strut . CenterviEk, 'M!J{ 55038 //\.J~" /0 0\ ( MAll6'OJ ) \'-._~,) Ground Development 7575 Golden Valley Road, Suite #250 Golden Valley, MN 55427 _ 1).5. POSTAGE i.rl ff~~ ~. !, @.,~(o 0.0 7 . ~l HrAET:::R ;S:?;,~1 ;.: ervi{fe 'EstabfisFtd 11JS7 1880 Main.Str<tt . CentertliJfe, !MIl{. 55038 Ms. Lynn Wallin or Current Owner 6805 Centerville Road Centerville, MN 55038 ,c //..-;'JC~--~~_ /'c- 0\ i ~.AY1S'Q3 ) \ ! ",,- ",,~ // ~_.- ~3) {l.S.POSTAGE :1' ~~Il077. * {'<i~( u I.J - "I - _7 !:j' '" H~H'::n.:'" :;;,~41 *l '-,--~~~"r~~~~~-'~~~~~~~ 1880 Main Street. Cenurvifk, !MIl{. 55038 /'00"" /,<' 0\ I ' l V.AY1G'03 ) \ " '..... '1~..l / ''-~;.:/ Mr. & Mrs. Robert Koran or Current Owner 6759 Centerville Road Centerville, MN 55038 ....~S-1) u.s. MSrAGE ~l :;.y..{...., 'W ;V'(~O II ;: 7 : .. ;itt.-- "V "I .:... ~ *" 1,'i'..'!=T!:"t'l .~,,,,. ,. .._.....". _,I I >'< ervi{fe 1880 Main. Street. Centeruiffe, !MIl{. 55038 Mr. Keith Kruger or Current Owner 6719 Centerville Road Centerville, MN 55038 ~--A. _ ; ~v: ...-/~~...... /'<:- 0\ ( HAlla'03 ) '~--/ ik~~f"~~~;;::.:; u.s. POS-rAGE "* I ~>> ~ ,';iP~n n 7 7 . ('I @z,..t lJ u.J, . * ""' ~I !-! r.j.[t~fR 152'141 r;. "tervi{{e 'Esta6{isfid 11JS7 1880 MainStreet . Centervifk,!MII{. 55038 Shanagh Boyle or Current Owner 6709 Centerville Road Centerville, MN 55038 ....---:--......... /" IJ G--........ /", 0\ I, fIAi'lS'03 ) \...,,-..~./I ""--~~ V.s. peSTAGE *1 ~$ ~: Y,YJPn n 7 n; . ;; ~~ u l;~J ':/ H i>'j~T:::~ l:.~ 141 ~q ........,.,.....uo....., ",," 0"- ( 1"'16'03 ) '-...."L';;,./ O.S. ~~STAGE *1 ~ ~I "\;/~n " ~ 7 . ~l' ~I; u w,o ,* -. ~I ,-i ""f.1"E;: ';;1 ~.-1-! ...- 1880 !Main Strut. Cenurviffe, 'Jd!J( 55038 Mr. Richmond Evans or Current Owner 6716 Centervifle Road Centerville, MN 55038 " /"0G""- --<- 0\ ( HM'16'03 J \. ,I ~:::/.r -=-- u.s. POSTAGE '*1 ~~~ -,n E g, 0 O..J / : ..I - ;'1 : ~ -~. ..., . - , ;r h ,.~t:'F.G' "::.:n-..;.1 ,t" tervi[[e 'E;ta6{isfred 1857 '880 !Main Strut. Cenurviffe, 'Jd!J( 55038 Mr. Michael Lee or Current Owner 1746 Dupre Road Centerville, MN 55038 STATE OF lVIINNESOTA COUNTY OF ANOKA ~ ~;f A'~ j~~~. V -:-.-;~".'\ "">}- rr ....)terville 'Esta6[isnetf 1857 CITY OF CENTERVlLLE NOTICE OF PUBLIC HEARING RE-ZONE FROM R-l (RURAL RESIDENTIAL) to R-2 (SINGLE FAMILY RESIDENTIAL) PLANNED UNIT DEVELOPMENT (PUD), LOT COMBINATION, PRELIMINARY PLAT & COMPREHENSIVE PLAN AMENDMENT ADVANCING THE DEVELOPMENT STAGING/DATE FOR ANTICIPATED DEVELOPMENT (MUSA) FROM 2006 & 2011 TO 2003 ASSOCIATED WITH THE PROPOSED HUNTERS CROSSING 2ND ADDmON PHASE I & n SUBDIVISIONS NOTICE IS HEREBY GIVEN, that the Planning & Zoning Commission and the City Council of the City of Centerville will consider Mr. Richard S. Carlson's request to Re- Zone, Lot Combination, Preliminary Plat and Advancing the Development Staging/MUSA from 2006 & 2011 to 2003 associated with the proposed Hunters Crossing 2nd Addition Phase I & IT Subdivisions. The meetings will be held on Tuesday, June 3, 2003 & Wednesday, June 11,2003 commencing at 6:30 p.m. or shortly thereafter. The meetings will be held in Council Chambers at City Hall, 1880 Main Street. A Public Hearing for Re-Zone, Lot Combination and Preliminary Plat was held at the Planning and Zoning Commission on May 6, 2003 and the Commission recommended approval of the Lot Combination and Preliminary Plat to City Council. No action was taken on the Re-Zone request at this Public Hearing.. A Public Hearing for Re-Zone, Lot Combination and Preliminary Plat was held at the City Council meeting on May 14, 2003 and action was taken to continue the public hearing until June 25, 2003 at their regularly scheduled meeting. Mr. Carlson has signed a 60 day waiver allowing the City additional time to consider the above stated matters. All persons interested are invited to attend and to be heard orally or in writing. You may contact the City Clerk's office at (651) 429-3232 or by facsimile (651) 429-8629 if you need additional information. If you desire, you may e-mail: ksvkes(lV.cemervillemn.com or tbender@centervillemn.com with questions or concerns. This notice is also available on the City's web site: www.centervillemn.com. City Hall is ADA accessible. Requests for hearing assisted devices or a sign language interpreter must be received prior to 4:00 p.m., May 30, 2003. May 15,2003 Teresa Bender, City Clerk Published in the Quad Community Press May 20 and May 27, 2003 Growth IVlanagelnent Plan Figure 11 ~c ~ (~Jl, =~:n~~ j;-:J~/- ,r.- ~/ ..-t. .,,1 ." :tii , ! "'" ._--------,,/" i 0 0.25 0.5 ,r !i Miles I I I. i i I r-------~~ i I ;; ./~o~._-_._.-._-'^--_____~/~ '/ " -~/... ~. " Hunters Cmssing 2nd Addition Low/Medium Density High Density Residential Commercial III Wetlands if:2<1 Floodplain - - Proposed Traiis = = Proposed Collectors ~ City HaH .. Church Nil ,~ ~ III' "" t" . .r'- tilr'''1/lv ~tll ~r:;ill.{~J;d~~~ Public/Semi-Public Industrial City Parks ~ Fire Department ~ ~ ~ April 2003 CBD/Mixed Use Regional Par'" PrcscIT\) ,;, School -~__~,___~______~___~._c __~_____._,_.______,____.___.______.___,__. _._,__~____~_.__ 40 I Utility- Staging I NIUSA Additions '-" .... Figure 12.(; ~ ~; ,," i .J_i (~E-~U ~I . N Robin U ....~ I ") S R.fu Lo I b /-- _ __"'__~~I___--1.,__.__ -----~. I i ! i l_ "~I--/ -.~ o 0.25 0.5 Miles "oteruiUe '~4iaf ..'i'J, ~ Piau Amendment 2003-1: MUSA changes ~ 2006-2010 to 2001-2005 MUSA change ~ 2011-2020 to 20GI-2005.MDSA change c:::_:"_- ,/ Current MUSA R58f 1996-2000 Addition 2001-2005 Addition Nl 1.1 ~~70~ I d __ii; Wet an s .'.- .;:: Floodplain 2006-20 I 0 Addition Resource .:'~ ~ April 2003 Park/Recreation Areas 2011-2020 Addition 43 1880 Main Street. CenterrJi{{e, M!iI[ 55038 Ms. Christy Stark Metropolitan Council Mears Park Centre 230 East Fifth Street SI. Paul, MN 55101"1626 " ,r:;'\JG')' ( HAY2D'03 ~..~ us. POSTAGE ~ l ~ . ~i )J:j?~O q '7 7 . "I @..~ u.J .~! r-=~iETER~o::::Hi ~ ervi{[e 'Esta6fisfied 1E57 1880 !/;(ain Street. Centeroiffe. M!iI[ 55038 City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014-1182 //\J~-' 1-<, 0 ( HAlZO'OJ \ i ''-1:.::./ /J.S. PGST.!>.GE *1 ~n * ~'~nO"'7' ; ,:%;, f ,) . J . "'I --~ (~ " Ht.:le:TEK~S?H'l *" 1880 MainStreet . Centeroiffe, M!iI[ 55038 /\JG"'.... /....'- 0\ \ HAY20'OJ ) , /.1'\ ,./ ......--..:--.; Centennial Independent School District #12 4707 North Road Circle Pines, MN 55014 u.s. POSTaGE *1 ~ ~ ~''''''on77' "'I ~{ u.J ~;: R H ~'~Erc~ 1S21~1 *~ .;tervi[[e 'Esta6tisfzed 1.857 1880 Main Street. Centerviffe, M!iI[ 55038 Ms. Maureen Devine Division Manager Property Records and Taxation Anoka County Govemment Center 2100 Third Avenue Anoka, MN 55303 ./.'\.-18......., I-{. 0\ ( 1-"-"7'''n1 \) .nl..J ~,J \ , \.... t f ',~ ,..../ ,--.... __ US.PQS-rAGE ~I' ~f'k)) ;; fi"'?0837: :1 ~.>~ .. *1 H -":;:ET~R 1~'l-:!.~~ ;j St~ffReport TO: Honorable Mayor and Council Members Kim Moore-Sykes, City Administrator ~ FROM: SUBJECT: Ordinance #31 - Licensing and Bonding of Individuals, Firms, Corporations, Contractors and Subcontractors Doing or Performing Work in the City of Centerville and Providing Penalties for the Violation Thereof DATE: June 5, 2003 At the May Planning and Zoning Commission meeting, Ordinance #31 was presented by Staff to the Commissioners for their consideration. It was decided that this ordinance should be repealed because it had not been enforced for several years. This lack of enforcement was due mostly to substantial turn-over in Staff that the City experienced at the same time and the newly hired Staffwas not aware of its existence. The City Clerk had started the process for the public hearing when the Mayor indicated that he would like the Planning and Zoning Commission to take another look at this Ordinance. He is particularly concerned that builders, contractors and any other businesses of this type that come to the City to do work for residents may not be licensed with the State as required. The revisions to this ordinance and proposed licensing fees do not pertain to existing Centerville businesses. The annual fee of $25 is being assessed to cover administrative costs such as copying, mailing, :filing, processing applications and data entry. Staff is also proposing to list any required State license numbers on City permits. It was also suggested by Commission Kilian that having a contractor's license number on a building permit would also help the City recoup any outstanding debt on any of its projects as well. 1 ' RECOMMENDATION: Consider proposed revisions to Ordinance #31. At their regularly scheduled meeting of June 3, 2003, the Planning and Zoning Commission made the recommendation to Council that this Ordinance be repealed and that Staff be directed to include a line for State Contractor's license to be completed by the applicant. ., Effective: 8/1/78 City ofCenterville Ord. #31 STATE OF WNNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE ORDINANCE #31 AN ORDINANCE PROVIDING FOR THE :qCENSING AND BONDING OF INDIVIDUALS, FIRMS, CORPORATIONS, CONTRACTORS AND SUBCONTRACTORS DOING OR PERFORMING WORK. WITHIN THE CITY OF CENTERVILLE AND PROVIDlNG PENALTIES FOR THE VIOLATION THEREOF. The City Council of the City ofCenterville, Anoka County, Minnesota, ordains: SECTION 1. That it is deemed in the interest of the public and the residents of the City of Centerville that any person, firm or corporation who engages in the business of building, construction or related work, within the City of Centerville, as defined at Section 4 of this ordinance, shall first secure a license therefore as provided herein. This ordinance shall not apply to persons, firms or corporations who produce a product within the City of Centerville for use outside of the City ofCenterville. Application for said license shall be made to the City Clerk-Treasurer and such license shall be granted upon filing with the City Clerk a bond in the amount of $5,000, conditioned upon compliance with the provisions of City Ordinances and the filing with the City Clerk, certificates evidencing the holding of Public Liability Insurance in the limits of $100,000 per person, $300,000 per accident or bodily injury and $50,000 for property damages and certificates of Worker's Compensation Insurance as required by law. Such insurance policies shall contain provisions that same may not be cancelled without ten (10) days prior written notice thereofbeing mailed to the City ofCenterville. SECTION 3. The License fee shall be $25 annually. Each license shall expire on the '1st day of January after the same issued and shall not be prorated. The fee herein established may be changed, from time to time, by the City Council, by resolution, a copy of which shall be on file and open for inspection at regular business hours in the office of the City Clerk. SECTION 4.Licenses shall be obtained by every person engaged in the following business es or work in accordance with the applicable ordinances of the City of Centerville: A. General contractors, including those involved in erection, alteration or repair of structures. B. Masonry, cement work, cement block work, block laying or brick work. C. Heating and ventilating. D. Roofing. E. Plastering, stucco work and sheet rock taping. F. Excavations, including excavation for footings, basements and grading of lots. Page 1 of2 , Effective: 8/1/78 City ofCenterville Ord. #31 G. Wrecking of structures. H. All fences. 1. Asphalt work. Nothing herein shall be construed as preventing any such qualified licensee from performing the work by an employee under his. supervision and control, nor a property owner from performing his own work providing all provisions of the Uniform Building code are adhered to. ,--::.;;.... A license granted to a general contractor shall include the right to perform all of the work included in his general contract. Such license shall included any or all persons performing the work which is classified and listed in Section 4 above, provided that each person performing such work is in the regular employ of such general contractor and qualified as required under state law and the provisions of this Ordinance to perform such work. The general contractor shall be responsible for the quality and completeness of all of the work so performed. SECTION 5. The Ordinance shall not be construed to effect the responsibility or liability for any party owning, operating or installing the above described work for damages to persons or property caused by any defect therein nor shall the City of Centerville be held as assuming any such liability by reason of the licensing of persons, firms or corporations engaged in such work. SECTION 6. The City Council may issue a variance hereto, W81vrng the requirements of the Ordinance or any portions thereof in the event of a declared emergency and for such period oftime as deemed by the Council to be necessary. SECTION 7. Any license may be revoked for just cause after a public hearing proceeded by ten (10) days written notice to the licensee. SECTION 8. Any person, :firm or corporation who shall violate any provision of this Ordinance shall be guilty ofa misdemeanor as defined by State Law. SECTION 9. This ordinance will take effect August 1, 1978. Adopted by the City Council of the City ofCenterville on June 14, 1978. Walter Parcher, Mayor Attest: Lu Prachar, Clerk. Page 2 of2 , minnesota north star : home ~-~ ljMlNNESOTA - Dr.:l'AItn<<:t~T or a... .:;.a COMMERCE Energy Info Center I News Releases I Contact Us I Advanced Search I Search Topics I Consumer Businesses Licenses, Unclaimed Heating Info and We Regulate Registration, Property Assistance Services Certification Page 1 of 1 Commerce V All NorthStar I C.:' Commerce Site Only Weights & Measures Minnesota Relay Petrofund Welcome to the Minnesota Department Of Commerce ~~~ I~~~ Consumer Info and Services Businesses We Regulate licenses, Registration, Certification Unclaimed Property Heating Assistance Weights & Measures Minnesota Relay Petrofund Alerts, Bulletins, Etc. What's New Re-energize your home - sell it quicker May 12, 2003 If you are thinking of selling your home, you and your home will have to be at the top of your game to win the home buyers' interest. In today's buyer's market, where newer homes are raising the standards for energy efficiency, the competition is especially fierce. A great way to get an older home ready to sell is to make energy-saving alterations. Even if you decide not to sell, you'll be glad you took the time improve your home. \);.more Governor Announces Clean Energy Plan April 29, 2003 While expressing support for keeping the nuclear plant at Prairie Island operating, Governor Pawlenty today outlined environmental initiatives he expects as a condition of continued operation. He also expressed "strong concern" about pending legislative proposals regarding the plant I> more l\IlN to get $o-mill Wall Street settlement April 28, 2003 Commerce Commissioner Glenn Wilson announced that Minnesota will receive $6.1 d~~are~~~~re~~~~~~ between securities regulators and Wall Street investment firms. The settlement also requires the firms to provide for more objective research and stronger protections for investors. [? more @ 2000 North Star, Minnesota State Government Online j-.j;,;C'ul Star is lad by 'the C:'fffcs c"f TschnofcgYl Oeparunent cd ,;d(nlnistra.~olj This site best viewed with 1024X768 or greater and with Netscape 4.7 or Internet Explorer 4.5 or greater. MNphonehelp.com E'1,lI~rl/onc dc:;crvcs a ohc,nc_ tm\ Sign Up for the ~ D~ Not CaJIlist Featured Links . Do Not Call: List Purchase for Telemarketers . Changes to Res. Mortoaoe Lendino Laws . Walk In and Phone Service Hours . Do Not Call Info State Of Minnesota I Get ,i\crobat Reader I -'"\'--. ,.'. ( '- ! ;-\j",.;i..;~l....,;:::' i http://www.state.mn.us/cgi-bin/portal/mn/jsp/home.do?agency=Commerce 5/21/2003 minnesota north star : home Page 1 of2 .. ~._. "MINNESOTA f . b\:!'UT:!oIitHl'fW lL ~COMMERCE: Energy Info Center I News Releases I Contact Us I Advanced Search I Search Topics I ',~! All NorthStar I '=.' Commerce Site Only Consumer Businesses Licenses, Unclaimed Heating Weights & Minnesota Info and We Regulate Registration, Property Assistance Measures Relay Petrofund Services Certification Commerce V (', , . 't I'll; rll~111 Licenses, Registration, Certification All about licensing, continuing education, enforcement actions, and filing instructions for new and experienced licensees. License Lookup Other Licensee Lists File a Complaint Enforcement Actions Insurance Real Estate Residential Contractor . Building Contractor . Remodeler . Roofer . Manufactured Home Installer . Certificate of Exemption Mortgage Originators & Servicers Debt Collection Other Financial Services Securities Franchises Notary Public Cosmetology Athlete Agent License Education Telecommunications Banks, Credit Unions, Trusts -."""""". . ""''"-.... ,~., Residential Contractor Who Needs a License If you have questions about whether a license is required, please contact the Commerce Department at 651-296-2488 to discuss your activities and what typt license may be required. Unlicensed activity may result in administrative action. All residential building contractors and residential remodelers who contract wit owner to construct or improve dwellings for habitation by one to four families Qncluding detached garages) and perform two or more special skills must be licensed unless exempt under one of the provisions noted below. The licensing requirement also applies to any person acting as a "spec" homebuilder. The anI' difference between a residential building contractor and residential remodeJer is a residential building contractor can build new homes and work on existing structures, whereas a remodeler can only work on existing structures. The following are exempt from the contractor/remodeler licensing requirements . Employees of a licensed contractor or remodeler; . Material suppliers who do not install or attach the items; . Owners doing work on their own property (unless they are engaged in bu on speculation); . Architects or engineers doing work within the scope of their practice; . Persons whose annual gross receipts from their residential contracting 01 remodeling activities are Jess than $15,000. Gross receipts are defined the total amount derived from residential contracting or remodeling activit regardless of where the activities are performed, and must not be reduce cost of goods sold, expenses, losses, or any other amount; Note: Any person claiming the "gross receipts" exemption must obtain a Certificate of Exemptic the Department of Commerce by filing an application which requires an affidavit stating that the applicant does not expect to exceed $15,000 in gross annual receipts during the calendar year fe which the exemption is requested. The Certificate of Exemption must be renewed annually. If the person's gross receipts exceed $15,000 at any time during an annual exemption period, the Cert of Exemption must be immediately surrendered and application for a license must be filed. . School districts and technical colleges; . Plumbers, electricians and mechanical contractors; . Specialty contractors who provide only one "special skill" (except residenti~ roofers) . . Any person who only engages in activities found within one of the eight categories listed below is not required to be licensed (except residential roofers). http://www.state.mn.us/cgi-bin/portal/mn/jsp/content.do?id=-53 68813 52& sub channel =-53... 5/21/2003 minnesota north star : home " Page 2 of2 nSpecial Skil/n means one of the following 8 categories 1. EXCAVATION . excavation . trenching . grading . site grading 3. CARPENTRY . rough carpentry . finish carpentry . doors, windows and skylights . porches and decks (excluding concrete footings) . wood foundations . drywall installation (excluding taping and finishing) 5. EXTERIOR FINISHING . siding . soffit, fascia and trim . exterior plaster and stucco . painting . rain carrying systems, including gutters and down spouts 7. ROOFING . roof coverings . roof sheathing . roof weatherproofing and insulation . repair of roof support system, but not construction of new roof support system Roofers are required to obtain a license. Please contact Commerce Enforcement for further information. 2. MASONRY/CONCRETE . drain systems . poured walls . slabs and poured-in-place footinG . masonry walls . masonry fireplaces . masonry veneer . water resistance and waterproofil 4. INTERIOR FINISHING . floor covering . w. ood floors . cabinet and counter top installati( . insulation and vapor barriers . interior or exterior painting . ceramic, marble and quarry tile . wallpapering . ornamental guardrail & installatio of prefabricated stairs 6. DRYWALL AND PLASTER . installation . taping . finishing . interior plaster . painting . wallpapering 8. GENERAL INSTALLA TlON SPECIAL TIES . garage doors and openers . pools, spas, and hot tubs · fireplaces and wood stoves . asphalt paving and seal coating . exterior plaster and stucco . ornamental guardrail and prefabricated stairs Roofers: For more information regarding the specific licensing requirements for persons who only engage in residential roofing activities, please contact the Mal Assurance Division at 651-296-2488. Siding Contractors: Siding contractors who also install doors, windows or skylights must be licensed as a residential building contractor or remodeler. Anyone who is licensed as a residential building contractor or remodeler can en in all of the special skill categories noted above, including roofing, without obtair a separate roofer license. @ 2000 North Star, fVlinnesota State Government Online North Star is led by the Office of Technology, Department of .A.dministration This site best viewed with 1024)(768 or greater and with Netscape 4.7 or Internet Explorer 4.5 or greater. State C1i: iviinnesota I Get Acrobat Reader I About Us I http://www.state.mn.us/cgi-bin/portal/mn/jsp/content.do?id=-5368813 52&subchannel=-53... 5/21/2003 Minnesota Statutes Display Document 1 of 9 Page 1 of 1 ___ttdM. . _...: ..n..;....~.,._:...._............... Minnesota Statutes 2002 Display Document 1 of 9 ~'IJI~' ~J= [li= (2).1"'1.. :lW;; j]..f:O..... ~.......... ...... ~ C'~;r ......- .o'iiii1' .:'i~ It&t ..... 5an:hJ!I'l'I5 . - .' iDd L:r . friar .];:11> Chapter Title: STATE AGENCIES IN GENERAL Section: 15.41 Text: iii 15.41 Construction permits, requisites. Subdivision 1. Every agency of the state of Minnesota and every political subdivision thereof shall specify on every construction permit the name and address of the applicant therefor, and the qenera~1D ~contractor thereon if there be one. This information shall be a matter of public record, and available to any interested person during business hours. Subd. 2. All construction permits shall be posted in a conspicuous and accessible place at the premises or site of construction. HIST: 1957 c 125 s 1,2 ~..A.'..~\i: IJ'..~...~'IJ.;.I.=."~ II',.~. fI.....n....1........... .W8...~.!..j,...... .........&;.l..1:............... ............................ ~ ,: - ":'<''''' ., -"--':-'--:,'--"-~ '-"'-:::X""" -_itiifD,,~_ -~~f[~ _;~!l'i 5ealtlr.Jirl'l5. 511111li . -LDild,,!.;~illlF.oi; '''';';:';:0 .-.. ~ http://www.revisor.leg.state.mn.us:8181/SEARCH/BASIS/mnstatlpublic/www/DDW?W%... 5/21/2003 ,>Y~fr;t e r'vi[[e :;-.:y., :-,.:~L),j1Sv _'~ -'. - - lr'--, ...,;'2<.' 'Lstabfz.shedl&'! / STAFF REPORT DATE: June 11,2003 TO: Honorable Mayor Councilmembers Kim Moore-Sykes, City Administrator ~ RE: Ordinance #49 -- Noise FROM: ...........................'.............................................. Attached is a copy of Ordinance #49 with suggested revisions. Staff reviewed the Ordinance and revised it to allow for the issuance of special events permits and to adopt a noise level table whereby maximum allowable decibels were listed for zoning districts, times of day and length of time for noise at a particular noise level. Attached are also copies of noise ordinances from Circle Pines, Lexington, Minneapolis and a model ordinance from the League of Minnesota Cities. The proposed revisions to Ordinance #49 are based on these documents and are printed in blue. Planning and Zoning held a public hearing on June 3, 2003 and the Commission suggested additional revisions to the Ordinance. There were also a few people in the audience who wanted to voice their comments about the proposed revisions as well as to add their own. These people were also there to voice their complaints about the level of noise in their neighborhood, which is in the downtown area of Centerville. The suggestions from the Planning and the Zoning Commission that had consensus are in green print. Effective 1110/90 City of Centerville Ord. #49 STATE OF MINNESOTA COUNTY OF ANOKA Green = Suggested changes by P & Z Commission CITY OF CENTERvn..LE ORDINANCE #49 AN ORDINANCE RELATING TO NOISE, PROVIDING FOR THE ELIMINATION AND PREVENTION OF PROHIBITID NOISE, AND IMPOsING PENALTIES FOR VIOLATION. THE COUNCIL OF THE CITY OF CENfERVILLE DoES ORDAIN: SECTION 1. NOISES PROHIBITED. The City Council finds that within the City, certain loud, avoidable, unnatural 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, shrillness, 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. Effective 1/10/90 City of Centerville Ord. #49 Subdivision 3. Loadine:. Unloadine:. Unoackine:. 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. Phonoe:raohs. Pae:ine: SyStems. Etc. No person shall use or operate or pennit 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 to disturb the peace, quiet, and comfort of any person nearby_ 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. Subdivision 5. Particioation in Noisv Parties or Gatherine:. 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. Amolifien for Advertisine:. 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. Effective 1110/90 City ofCenterville Ord #49 a. No person shall keep any animal that unreasonably disturbs the comfort or repose of persons in the ',icinity by its frequent or combined noise. Refer to Ordinance #24. Section 24.08 - Nuisances. SECTION 2. HOURLY RESTRICTION ON CERTAIN OPERATIONS Subdivision 1. Recreational Vehicles. No person shall, 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. Subdivision 2. Domestic Power EQuioment. No person shall operate a power lawn mower, hedge clipper, chain saw, mulcher, garden tiller, edger, drill, 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 Hauline. 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, diesel, 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 ImDact 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 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. Residential: Duration of Sound Less than 10 minutes Less than 2 hours More than 2 hours Effective 1110/90 City of Centerville Ord #49 10:00 p.m. - 7:00 a.m. 60db 50db 40db CommerciallIndustrial: Less than 10 minutes Less than 2 hours More than 2 hours 75db 70db 60 db 70db 60db 50db The limits of the most restrictive district shall apply at the boundaries between different land use designations and M-l (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. SouRds emaRating from lawful and proper activities at school grouRds, playgrouRds, parks or places where athletic contests take place, are exempt from the proyisions of this subdivision. Subdivision 4. Excentions for SDecial 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 application at City Hall with the City Clerk or his/her designee on a form prescribed by the City. The application shall state the dates during which the variaRceapplication 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. 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 Effective 1110/90 City ofCentervi1le Ord #49 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 subiect to conditions. including a time limit. which shall be clearly stated. If the City finds 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. ~llbc1i\ '.i_siQ1L~~.....E'\ ~.~Rji91L tl1Lfmt?rgeJl<:1\\'QIk.c Noise created c\clllsi\C'h' in the pert!,)rmi'lllCe of emcrgenc\ \\or\-; to presen c the public health. safetv, or \\c!f'are. Of in the performance of l'Il1('r~el1cY \\urk neC('SS3r\ to restore (1 public sen ice or eliminate a !)ublic h;vard shall bl.' ('\.empt [1(111: lb: i';'Y\I';i,,:,>.j' this ordinance rei) ,) peripd nut to e\ceeel 24 hours alter Tlw \\ork is Ci11111l1Cncecl Pcrscn<.: Ho''']'';'' k. for such \\oll '.h,lil infC11111 the pulice department. Bui!ding Inspector and Cit\ \,ni,tTilf\'r ,'i',he need to initiaj';' sllch \\Cll\.-. \',1', if the \\orh is commenced dllfing: 11(1n-business Iwurs (i1\ ill the be~inning of ~.in',:ss !wurs of tht' tirst Imsiness d,l'. therealter \iI\ perSOll e f()f such el11er'-!.enC\ \\u\\ shall take all reasonable actions t() :ninimize the illl1\)llllt oflloi"c Subdivision~. 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 of not more than $500 or imprisonment for a term of not to exceed ninety (90) days, 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. SEVERABILITY. 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. . ' Effective 1/10/90 City of Centerville Ord #49 Adopted by the City Council this 27th day of October, 1999. APPROVED: (Signature on File) Mayor, Tom Wilharber Attest: (Signature on File) Diane F. Ward, City Clerk Amended: May 22, 2002 Published in the Quad Community Press on June 11, 2002 Amended: Published in the Quad Community Press on JLN-l13-2003 11: 36 P.131/138 900 NulU1ces ~l~ )J{)ZS6 {)rJ~~ 901. General Nuisances 901.01 Public Nuhance DefIned. Whoever by]lis ad or failure to perform a leglll duty does any of the foUowJng ja guilty of mamtalDlDg a pubUc nuisance, which JJ a misdemeanor: (1) Maintains or permits a concWion which unreasonably annoys, injures, or endaagers die safety, health, morals, comfort, or repose of any couiderable DUmber of memben of the public; or (%) IDterferes ~ obttructs, or renders dangerous ror passage, any public hipway or ript-of-way, or waters used by the public:; or (3) Is guilty of any other act or omission declared by law or this code to be a publk nuisance and for which no sentence Is specifically provided. 901.02 Public Nuisanee AffectiDl! B~alth. The foUowiq are hereby declared to b~ ooisances a:fI'ecting health: (1) Exposed accumulation of decayed or unwholesome food or veJetable matter; (2) AU diseased animals nmDiDg at large; (~) Pools of stagnant water; (4) Carc:uses of anfmals not buried or destroyed witb.fa 24 hOUN after death; (5) Accumulation of manure, tiD cans, bottles, trash, ashes, refuse or debris of any nature or dac.ripti.on; (6) PrIvy vaults and garbage cans wbJch are Dot rodent-tree or By- tight or which are ISO maintained. as to coastitute a health hazard or to emit foul ad disap-eeable odors; (7) The poBUtioD of any public weB or cistern, stream or lake., canal Dr body of water by sewage, industrial waste, or ather substances. P08t-lr Fax Note 7671 To JUN-10-2003 11:37 P.02/08 (8) All noxious weeds including an weeds defined by the State Commissioner of Apiculture to be iajurious to pubDc health, roads, cropi, Uvestock and other property; (9) Dense smoke, noxious fumes or odors, au aDd soot, or cinders, in unreasonable qUBlltities; (10) All pubJie exposure of penODS having a CODtaeious disease; (11) The pJaclng of the contents of allY ees.pool, septic: tank, pmy valll1i or garbage can upon the surfaee of pubUc or private property; (12) Any offensive trade or busmes. as defined by statute not lli:emed by the city. 901.03 Publie Nuisances Meetlno Peace and Safety. The foDowiDg are _Jared to be nuisances affecting public peace and safety: (1) AD mow aad ice DOt removed from pablk sidewaJks 12 hours after the snow or other precipitation causing the Q)nditioD has ceased to faD; (2) All trees, hedges, billboards, or other obstructions wb1c:h prevent penoas from haviag a clear view of an traffic approaching an intersection; (2) All wires and limbs of trees which are so close to the surface of a sidewalk or street all to constitute . danger to pedestrians or vehleles; (3) (a) Noise emautinK from any use shall be in compliance with and replated by the State of Minnesota PoUution Control Standards, Minnesota Regulations MPC 7030, as amended; (b) No PenOll Sball eqage in or permit ConstructiOD Ktivities involving the use of any kind of electric. pneumatic:, diesel or gas-powered maeJUne or other power equipmeut except between the hours of 7:00 .Lm. and 8:00 p.m. on any weekday or between the hours of 9:00 LID. and 7:00 p.m. OD any weekend or holiday; (5) Obstrw:tlollS and exeavatlons affectiDg the oniinary use by the public of streeu, alleys, sidewalks, or publk grounds ex(:ept UDder such condJtions as are permitted by this code or other appllcable law; JUN-113-aaI2l3 11: 3'7 P.03/08 (6) Radio aerials or ulevWon anteu.Dae erected or maintained in a daDgerous maDDer; (7) Any use of property abutting 00 a pllblk street or sidewalk or any use of a pubJJe street or sidewalk whieh ~uses larp erowdl of people to gather, obstructing trafIlc lUld the free use of the street or sidewalk; (8) An hA.npl sipa, awniDp, and other similar struaues over streets and sidewalks, or so situated 110 as to endanger pu.bIic safety, or uot coastructed and maiDtaiaed in a sOUDd conditiou; (9) The allowing of rain water, ice, or snow to fall from any btlWti-.. or structure apon auy street 01' sidewalk or to flow across IDY sidewalk; (10) Any barbed 1rire fence less than six feet above the ground and within three feet of a public sidewalk or way; (11) An dangel'OllI, unguarded DJaQbmery in any pllbUc place, or so situated. or operated. on private property as to attract the public; (12) Waste water cast upon or permitted to flow upon streets or other public property; (13) AecumulatioDl in the open. 01 discarded or disused maehinery, household appliances, automobile bodies, lumber, wood, or other material, or the rank Il"owth. of veptation AlDonc the items so actWDulated, in a manner conducive to the harboriDc of rats, mice, snakes, or vermiD, or in a DWlIler creating me, health, or safety'hazards from such accUDU1latlon. (14) Any weD. hole, or similar excavation which is left uneovered or in such other ~DditioD as to constitute a hazard to uy child or otber penon coming 011 the premises where it is located; (15) Obstruction to the free D~ of water in a natural waterway or a pubUc street drafD, gutter, or ditch throup accumulation of trash or otbv materials. (16) The plaejal or tbrowiDe on any street ,sidewalk, or other public property of any glass, taeks, nails, bottles, or other SlIbstauas which may injure any penon or llniJIIJII or damale any pneumatic: tire when passiDg over such substmces; JU'-j-10-2003 11: 38 P.04/08 (17) The depositmg of paper, Utter, debrts, garbage or refuse on a pabUc right-of-way or o.n adjacent private property, or the throwmg of my such matter from a motor vehicle; The parking, keeping, or storing 04 or the permitting of junk cars on a public street Dr alley, or OD any private land, or premises whlch are owned, occupied. or COlltrolJed by the one so doing or so perm1tU!ll except where sueh Is btlDg pursued In .~ordauce with existing IOning. (18) This sb.aD _0 apply to anyone who shall park, keep or place such. vehicle even ilhe be Dot the OWDU of the land, upon which such vehicle is park~ kept or placed. For the purpose of dais section, a jlUlk ear meaas IUly motor vehicle which is not In operating condition, or which is partially diJmantled, or wllieh is used for sale of parts or as a source of repair or replaeement parts for other vehicles., or which is kept for scrapping, dilman~ or salvage of any kfnd, or is not properly and CUJ'l'eDtly licensed for operation within the State ofMlnaesota. (19) AI other CODditions or things which are likely to cause injury to the ptrson or property of anyone. 901.04 Enforcement. The police department and such other officers, employee~ or agents as the caUDen may desipate Ihall mforee the provisions of S~on 901. Sud! ofticers sbaD have tbe power to iDsJ*t private premises ad tab all. reasonable precauti.ons to prevent the commission and maintenan~e of public nuisances. 901.05 Abatement Subdivision 1. General Whenever the om'*' charged with enforcement determ1Des that a pubDc .uWsUet is being mafDtained or exists OD premises in the city, the officer shaD notify in writing tlte owner or occupant of the premilie5 of such faet and order that such nuisance be terminated and abated. The notice shall be served in penon or by certified or registered mail. If the pnmises are not oceupied and the owuer is unknown, the notice may be served by postinl it OD the premises. The Dodee shall speclfy the steps to be taken to abate the nuisanee aud the time, not exceedm.g 30 days, within which the nuJsance is to bt abated; provided. the time for abatement shall not ex~eed 10 dayslu the case of aoxiGus weeds. If the notice is not compUed with within the time 8~ed, the enforcinc officer shall report that fact forthwith to the counciL Thereafter the couutil, after notice aJld hearing, may cause the nuisana to be abated by the city. JUI'J-10-2003 11: 39 P. 135/08 Subd. Z. EmeJ'2eD.CV Abatement. When the omcer cbarged with enforcement determines that a nuisanc:e c:onsUtutes a serioas and Imminent danger to the public safety or health, the officer may rummarily abate the nDilance after a rell5Uusble attempt to notify the owner or occupant of the property. The oflice lIhall immediately thereafter notify in writing the owner or oceupant of the premises of the aetiol1 taken. The notlce shall be served .In perIOD or by registered or certified mail. SIIbd. 3. COlD of Abatement. The cost of the abatemeat may be assessed as a current service aeainst the property upon which or whicb ereated the nuisaace. JUN-10-2003 11:39 P.06/08 (13) Administrative control center with telephOJle& where local authority can eontut the sponsors and Jaw enforcement personnel inside tile auembly area; A bond, med with the clerk-treasurer, either In cash or underwritten by a surety company Ucel1Sed to do business in Minnesota in the miDimum amoUllt of $300,000.00 wbidJ. shaD iDdenmify and h.old harmless this poUell subdivision or any of its apnts, offieen, servants, and employees from any liability or causes of aetion which might arise by reason Df &ranting this lie.use, paymeut of employees, or services rendered by the granting authOl1ty, and from any colt incurred iD eleaniug up any waste material produced or left by the assembly. !&t< 'i ..// (14) 606.06 Conditions.- SUbd1vf$10D 1. Number. A Heensee shaH permit the assembly of ouly the mA~mum number of people state in the 6c:eue. The Iieensee shall Dot sen tiekets to or permit to assemble at the lieensed location more than the maximum permissible Dumber of people. Subd. 2. ~. The licensee shall not permit the loud of the assembly to carry unreasonably beyond the enclosed boundaries of the loutton of the assembly. 606.07 Variances. The council may by resolutlon passed by unanimous vote, grant a variance from ay of the provisions of 606.01 tbrougb. 606.09, where grantml a variance will Dot deter from tbe basic purpose and intent oftbis chapter. 606.08 Revocation. Notwithstanding the provisions of 601.06, a large assembly Hceme may be revoked by the cou.ucil at my time if my of the C:ODdidOllJ or requirements ot thJs chapter are Dot eompUed with, or If any condltion or requirement previously met ceases to be complied with; provided that the apPUclUlt shaD be given suell reasonable notice as may be possible of any pending action on revocation, the reasons therefor, and the time and place of the COUDc:il meeting at which revocation shall be 1.':000sidered. The applicant shall be given an opportDnity to be heard by the council. at tIlat meetiag. 606.09 Enforcement, Subdivision 1. Iniunction. The provisions of this chapter lDay be enforced by iDjuneUon in any court of competent jurisdiction. Subd. 2. Nuisance. The holding of a large assembly in violation of any provision of this chapter shaD be deemed a public nuisance and may be abated as such. JUN-10-2003 11:40 P.07/08 Subd. 3. Bolld. .Any persOD. who violates any provision of this chapter, or wbo violates any condition upon wbieIa he is issued . Beense shall forfeit aD appropriate amount from the bond required by 606.05(14). No portion of the bond shall be released to the SpoDSOrs unless and until all prow!ions of the license aereemeDt have been met. Sub. 4. Other. The remed1es Usted in Subdf~ioDS 1 through 3 are ill addition to any other remedies provided by law or tbfs ~ode for enforeemea.t or tbfs chapter. Effective 1/10/90 City of Centerville Ord #49 STATE OF MINNESOTA COUNTY OF ANOKA Green = Suggested changes by P & Z Commission CITY OF CENTERVll..LE ORDINANCE #49 AN ORDINANCE RELATING TO NOISE, PROVIDING FOR THE ELIMINATION AND PREVENTION OF PROHIBITED NOISE, AND IMPOSING PENALTIES FOR VIOLATION. THE COUNCIL OF TIIE CITY OF CENTERVILLE DoES ORDAIN: SECTION 1. NOISES PROHIBITED. The City Council finds that within the City, certain loud, avoidable, unnatural 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, shrillness, 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 pennit the discharge of the exhaust of any steam engine, stationary internal combustion engine, motor boat, motor vehicle, or snowmobile except through a muffler or other device that effectively prevents loud or explosive noises there from and complies with all state laws and regulations. Effective 1110/90 City ofCenterVille Ord #49 Subdivision 3. Loadin2_ Unloadin2_ Unoackin2. 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_ Pbono2raobs_ Pa2in2 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 to disturb the peace, quiet, and comfort of any person nearby. 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. Subdivision 5. Particioation in Noisv Parties or Gatberin2. 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. Loudsoeakers_ Amolifiers for Advertisin2_ 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. Effective 1/10/90 City ofCenterville Oed #49 a. No person shall keep any animal that unreasonably disturbs the comf{)rt or repose of persons in the vicinity by its frequent or oombined noise. 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. Subdivision 2. Domestic Power EauiDment. No person shall operate a power lawn mower, hedge clipper, chain saw, mulcher, garden tiller, edger, drill, 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 Haulin!!. 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, diesel, 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 ImDact 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 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. Residential: Duration of Sound Less than 10 minutes Less than 2 hours More than 2 hours Effective 1/10/90 City ofCenterville Ord #49 10:00 p.m. - 7:00 a.m. 60db 50db 40db CommerciallIndustrial: Less than 10 minutes Less than 2 hours More than 2 hours 75db 70db 60 db 70db 60db 50db The limits of the most restrictive district shall apply at the boundaries between different land use designations and M-l (Mixed Use) categories. The determination ofland use shall be by its zoning designation. Subdivision 3. Sounds Exemot 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. Sounds emanating from lawful and proper activities at school grounds, playgrounds, parks or places where athletic contests take place, are exempt from the provisions of this subdi',ision. Subdivision 4. Exceotions for Soecial 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 application at City Hall with the City Clerk or his/her designee on a form prescribed by the City. The application shall state the dates during which the varianceapplication 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. 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 . . Effective 1110/90 City ofCenterville Ord #49 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 subiect to conditions. including a time limit. which shall be clearly stated. If the City finds 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. 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 of not more than $500 or imprisonment for a term of not to exceed ninety (90) days, 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. SEVERABILITY. 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 27th day of October, 1999. APPROVED: (Signature on File) Mayor, Tom Wilharber Attest: (Signature on File) Diane F. Ward, City Clerk Amended: May 22, 2002 Published in the Quad Community Press on June 11, 2002 / Effective 1110/90 City of Centerville Ord. #49 Amended: Published in the Quad Community Press on The League of Minnesota Cities provides this publication as a general informational memo. It is not intended to provide legal advice and should not be used a~ a substitute for competent legal guidance. Readers should consult with an attorney for advice concerning specific situations. , I @ 1998 League of Minnesota Cities Research Foundation , All rights reserved Printed in the United States of America Ltague of Minnesota Cities Cities promoting ","eHence League of Minnesota Cities 145 University Avenue West St. Paul, MN 55103-2044 (651) 281-1200 (800) 925-1122 Fax (651) 281-1299 www.lmnc.org INTRODUCTION Noise, defined simply as unwanted sound, is an unwanted by-product of human activity that invariably affects the lives of all citizens. At the state level, environment~l noise (noise occurring in the outdoor atmosphere) is regulated by the MiImesota Pollution Control Agency (MPCA). The MPCA regulates environmental noise by enforcing a series of noise standards that limit the level and amount of time that noise may occur on a specific land use. Although the MPCA enforces the standards statewide, noise is so pervasive that the MPCA relies on communities to provide an additional measure' of noise regulation by adopting and enforcing local noise ordinances. In addition to benefiting noise control efforts by the MPCA, local noise ordinances enable community officials to regulate noise in a timely and discretionary manner, as well as providing the opportunity to _address noise issues that may be unique, or of special concern to the residents of a community. To this end, the MPCA and the League of Minnesota Cities have cooperated in the preparation of two model ordinances designed to assist community officials in the development and adoption of their own local ordinances. Both have been patterned after the highly successful noise ordinances used by the cities of Bloomington and St. Louis Park. Each model noise ordinance is designed to assist city officials in the regulation of noise control in their community. There is a long form and a short form of the ordinance. The long form is a receiver based standard that describes the limiting levels of sound r.equired to preserve public health and welfare. The sh'ort form of the ordinance addresses the regulation of activities that have the potential to initiate noise complaints. A local governing unit can not set standards describing the maximum levels of sound pressure which are more stringent than those set by the pollution control agency with respect to environmental noise monitored at the location of the receiver. A local governing body can adopt more restrictive noise level limits than the pollution control agency to regulate the emission of noise from specific sources. Motor vehicle noise limits are source standards relative to each vehicle, defined in Minn. Rules 7030.1000 through 7030.1060. The local law enforcement agency is responsible for the enforcement of these standards and can request technical assistance from the MPCA noise program for noise monitoring equipment and training. The Minnesota Department of Natural Resources is responsible for the enforcement of motorboat noise regulations as defined in Minn. Stat. 86B.321, as well as the snowmobile noise regulations in Minn. Stat. 84.871, and Minn. Rules 6100.5700, subpart 5. These regulations are source standards that limit the noise levels emitted by the individual motorboat or snowmobile. Careful inspection of the model noise ordinance should be made before its adoption. Duplication could occur between an existing ordinance and one of the subparts of the model noise ordinance. If a special condition exists where a city already has a suitable ordinance established, it should be incorporated into the model noise ordinance. This ordinance can be renumbered to facilitate its incorporation with other city ordinances. The MPCA has a limited number of sound level meters available for city officials to borrow so that noise levels of suspected violations of the noise ordinance can be monitored. MPCA noise program staff is available to train an investigator in the proper operation of the sound level meter. For further assistance on the development of local noise control programs, the MPCA noise rule, or any aspect of environmental noise monitoring, please contact the League of Minnesota Cities or: ... I Brian Timerson Minnesota Pollution Control Agency. Air Quality Division 520 Lafayette Road Saint Paul, Minnesota 55155-3898 Telephone (612) 296-7898 MODEL ORDINANCES I. Long-Form Noise Control Ordinance (Includes provisions for measurement of noise by acoustical instrumentation) AN ORDINANCE RELATING TO NOISE, PROVIDING FOR THE ELIMINATION AND PREVENTION OF PROHIBITED NOISE, AND IMPOSING PENAL TIES FOR VIOLATION The City Council of Ordains: , \ Comment: This is the enacting clause prescribed in statutory cities. A home rule city should adapt it to conform to requirements of its charter. SECTION 1. Definitions. Subdivision 1. General. Words and phrases defined in this section have, when used in this ordinance, the meanings given below. Any other word or phrase used in this ordinance, and defined in regulations of the Minnesota Pollution Control Agency Noise Pollution Control Rules Chapter 7030, has the meaning given in those regulations. Subd. 2. Air circulation device means a mechanism designed and used for the controlled flow of air used in ventilation, cooling, or conditioning, including, but not limited to, central and window air conditioning units. Subd.3. LI0 means the sound level, expressed in decibels (dBA) which is exceeded 10 percent of the time for a one-hour period, as measured by a sound level meter having characteristics as specified in the latest standards, S 1.4, of the American National Standards Institute and using test procedures approved by the [police department, building inspector, or other specified officer or agency]. Comment: This will adopt the latest ANSI standards in effect at the time of adoption of the ordinance. If later modifications by ANSI are desired they will need to be adopted by amendment to this ordinance. Subd. 4. LSO means the sound level, expressed in decibels (dB A) which is exceeded 50 percent of the time for a one-hour period, as measured by a sound level meter having characteristics as specified in the latest standards, S 1.4, of the American National Standards Institute 2 and using test procedures approved by the [police department, building inspector, or other specified officer or agency]. Subd. 5. Person means an individual, firm, partnership, corporation, trustee, association, the state and its agencies and subdivisions, or any body of persons whether incorporated or not. With respect to acts prohibited or required herein, "person" shall include employees and licensees. Comment: This section largely relies on definitions found in state noise control regulations supplemented by ordinance definitions of three terms. The terms "L10" and "L50" as used in Section 4, which sets receiving land use noise standards, need definition if Section 4 is to be understood even in a general way by persons affected by the ordinance. Some ordinances contain numerous other definitions. Terminology used throughout the ordinance should conform to definitions included in this section. Definitions need not be included for terms given their dictionary meaning or so easily understood that ordinance definition is superfluous. Section 2. Noises Prohibited. Subdivision 1. General prohibition. No person shall make or cause to be made any distinctly and loudly audible noise that unreasonably annoys, disturbs, injures, or endangers the comfort, repose, health, peace, safety, or welfare of any persons or precludes their enjoyment of property or affects their property's value. This general prohibition is not limited by the specific restrictions of the following subdivisions. Subd. 2. Motor vehicles. No person shall operate a motor vehicle in the city in violation of the motor vehicle noise limits of the Minnesota Pollution Control Agency. Comment: Even in the absence of this provision, it is unlawful to operate a motor vehicle in violation of the regulations. Minn. Stat. 169.693. The provision is included only to inform the public that there are noise regulations of this type applicable within the city as well as those of other kinds set out in the ordinance. A city adopting this provision may wish to provide a copy of the regulations in the city clerk's office for reference, but this is not legally necessary. Since the term "motor vehicle" is defined in Minn. Rules 7030.1000 which includes the substance of Subd. 2, it is not necessary to define the term in the ordinance. ) 1,1 Subd. 3. Horns, audible signaling devices, etc. No person shall sound any signaling device on any vehicle except as a warning of danger, as required by Minn. Stat. 169.68. 3 Comment: In order to further restrict the use of certain of these devices, "danger" can be more fully defined, formal permits for the use of these devices can be required, or operational curfews can be established by the city. Furthermore, the city may wish to extend this provision to stationary sources which would include noon whistles, church bells, etc. Subd. 4. Exhaust. No person shall discharge the exhaust, or permit the discharge of the exhaust , I of any steam engme, stationary internal combustion engine, motor boat, motor vehicle, or snowmobile except through a muffler or other device that effectively prevents loud or explosive noises therefrom and complies with all applicable state laws and regulations Comment: Motor vehicle mufflers are prescribed by Minn. Stat. 169.69. Water craft mufflers are prescribed by Minn. Stat. 86B.321. Snowmobile mufflers are required under Minn. Stat. 84.871 and Minn. Rules 6100.5700 subpart 5. If snowmobile operation within the city is prohibited, the city may wish to omit the reference to snowmobiles in this subdivision. Subd. 5. Defective vehicles or loads. No person shall use any vehicle so out of repair or so loaded as to create loud and unnecessary grating, grinding, rattling, or other noise. Subd. 6. Loading, unloading, unpacking. No person shall create loud and excessive noise in loading, unloading, or unpacking any vehicle. Subd. 7. Radios, phonographs, paging system, 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 distinctly and loudly audible manner as to unreasonably disturb the peace, quiet, and comfort of any person nearby. 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 at the property line of the structure or building in which it is located, in the hallway or apartment adjacent, or at a distance of 50 feet if the source is located outside a structure or building shall be prima facie evidence of a violation of this section. Subd. 8. Participation in noisy parties or gatherings. No person shall participate in any party or other gathering of people giving rise to 4 noise, Wlfeasonably 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. No person shall refuse to leave after being ordered by a police officer to do so. Every owner or tenant of such premises who has knowledge of the disturbance shall make every reasonable effort to see that the disturbance is stopped. Subd. 9. Loudspeakers, amplifiers for advertising, etc. No person shall operate or permit the use or operation of any loudspeaker, sound amplifier, or other device for the production Qr 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. Comment: Some cities may wish to allow such devices under city permit. If this approach is used, provisions for a permit should be substituted and standards for use of the device under permit included. Subd. 10. Animals. No person shall keep any animal that unreasonably disturbs the comfort or repose of persons in the vicinity by its frequent or continued noise. For purposes of this section, "disturbs the comfort or repose of persons in the vicinity by its frequent or continued noise" means anyone of the following: A. The animal noise occurs at a time between 10:00 p.m. and 7:00 a.m. and can be heard from a location outside the building and premises where the animal is being kept, and the animal has made such noises intermittently for more than three (3) minutes with one minute or less lapse of time between each animal noise during the three minute period: or B. The animal noise can be heard from a one block distance from the location of the building and premises where the animal is being kept, and I ~ I the animal has made such noises intermittently for more than three (3) minutes with one minute or less lapse of time between each animal noise during the three minute period; or 5 c. The animal noise can be heard from a location outside the building and premises where the animal is being kept, and the animal has made such noises intermittently for a period of at least five (5) minutes with one minute or less lapse of time between each animal noise during the five minute period. , I Subd. 11. Schools, churches, hospitals, etc. No person shall create any excessive noise on a street, alley, or public grounds adjacent to any school, institution of learning, church, or hospital when the noise unreasonably interferes with the working of the institution or disturbs or unduly annoys its occupants or residents and when conspicuous signs indicate the presence of such institution. Comment: The list of institutions may be altered to meet local needs. Some ordinances, for example, add courts, nursing homes, and homes for the elderly to the list. Section 2 is intended to prohibit various noise nuisances not controlled or not easily controlled through Section 4, sound level standards, or that may be controlled easier in this fashion. It includes noise nuisances commonly proscribed by ordinances. Others may be added to take account of local nuisance situations. Among other noise nuisances sometimes found in noise control ordinances are (1) noise pollution from building, repairing, or testing motor vehicles or other internal combustion engines; (2) use of model vehicles or model airplanes during certain hours or in certain places; (3) use of explosives, firearms (see Minn. Stat. 116.07, Subd. 2a), or similar devices causing a noise disturbance beyond property lines (sometimes permitted under certain conditions with a special variance); (4) unmujjled operation of blower or power fans; (5) noise from idling diesel engines. Some provisions either included or omitted in the model section may already appear in city ordinances dealing with nuisances, and some directed at noise by people (e.g., loud parties) may be treated in ordinances on disorderly conduct or breaches of the peace. Section 3. Hourly Restriction on Certain Operations. Subdivision 1. Recreational vehicles. No person shall, between the hours of 10:00 p.m. and 7:00 a.m., drive or operate any minibike, snowmobile, or other recreational vehicle not licensed for travel on public highways. Comment: If other ordinances regulate or prohibit the use of snowmobiles or other nonhighway recreational vehicles within the city, this provision should be modified accordingly. It should be noted that Minn. Stat. 84.87 regulates the operation of snowmobiles relative to the ordinances of a municipality. 6 Subd. 2. Domestic power equipment. No person shall operate a power lawn mower, power hedge clipper, chain saw, mulcher, garden tiller, edger, drill, or other similar domestic power maintenance equipment except between the hours of 7:00 a.m. and 10:00 p.m. on any weekday or between the hours of 9:00 a.m. and 9:00 p.m. on any weekend or holiday. Snow removal equipment is exempt from this provision. Subd. 3. Refuse hauling. No person shall collect or remove garbage or refuse in any residential district except between the hours of 7:00 a.m. and 10:00 p.m. on any weekday or between the hours of 9:00 a.m. and 9:00 p.m. on any weekend or holiday. Subd.4. Construction activities. No person s~all engage in or permit construction activities involving the use of any kind of electric, diesel or gas-powered machine or other power equipment except between the hours of 7:00 a.m. and 10:00 p.m. on any weekday or between the hours of9:00 a.m. and 9:00 p.m. on any weekend or holiday. Section 4. Receiving Land Use Standards. Subdivision 1. Maximum noise levels by receiving land use districts. No person shall operate or cause or permit to be operated any source of noise in such a manner as to create a noise level exceeding the limit set in Table I for the receiving land use category specified when measured at a point of normal human activity of the receiving land use. I; I Table I. Sound levels by Receiving Land Use Districts Day (7:00 a.m. - 10:00 p.m.) LID LSD Land Use Districts Residential Commercial Industrial 65 70 80 Night (10:00 p.m. - 7:00 am.) LID LSD 60 65 75 55 70 80 50 65 75 7 , I Comment: These state standards dealing with sound levels at the point of reception establish a set of criteria which cities can utilize, or change to reflect their own community values. The ordinance section above imposes requirements at or within the property line of the receiving land use unit categorized by zoning use districts. It seems desirable to use the major districts established in the city's zoning ordinance as the districts referred to in this section although state law actually applies to the receiving land use unit according to its current use. As in the state standards, the table used in the ordinance prescribes a somewhat more restrictive L50 standard than Li 0 standard. In each category of uses the L50 standard is 5 dBA less than the Li 0 standard. If a city omits this section because it does not wish to involve itself in sound level measurement (though this section may be easier to enforce than ordinance standards that leave more room for interpretation in their application), it should also omit or adapt other portions of the ordinance related to this section on receiving land use standards. Such cities may prefer patterning their ordinance after the short form ordinance, which omits technical standards. Subd. 2. Exemptions. The levels prescribed in Subdivision 1 do not apply to noise originating on public streets and alleys but such noise shall be subject to other applicable sections of this ordinance. Section 5. Air Circulation Devices. No person shall permanently install or place any air circulation device, except a window aIr conditioning unit, in any outdoor location until the [police department, building inspector, or other specified officer or agency] determines that the device in that location will comply with the noise level standards prescribed in Section 4 and issues a permit for the installation. The noise produced by any window unit and by any existing air circulation device shall be attenuated by means deemed appropriate by the [police department, building inspector, or other specified officer or agency], including, but not limited to, relocation of such device, if the noise results in or contributes to a violation of Section 4. Section 6. 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 necessary to restore a public service or eliminate a public hazard shall be exempt from the provisions of this 8 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, or other specified officer or agency] of the need to initiate such work or, if the work is commenced during nonbusiness 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 Section 7. Power and Duties of [police department, building inspector, or other specified oLTzcer or agency]. Subdivision 1. Administering officer. The noise control program established by this ordinance shall be administered by the [police department, building inspector, or other specified officer or agency], who shall be appointed by the (council or other appointing authority). Comment: In most cities the noise control duties are assigned to an existing officer or department. In that case the language should be altered by substituting the name of the official or department and omitting the clause about the appointment. lnstead of substituting the name of that official or department throughout the ordinance, the subdivision may be modified to read, "The noise control program established by this ordinance shall be administered by the noise control officer. Until otherwise provided by ordinance, the [police department, building inspecto~ or other specified oLTzcer or agency] shall serve as the noise control officer. JI If the council provides for a separate position of noise control oLTzcer, the appointing authority referred to in this subdivision is the general appointing authority established by law or charter, such as the manager in a council _ manager city, the mayor in a strong mayor - council city, or the council in most statutory and some charter cities. If a new position is established and the city has a formal merit system, an additional provision placing the position in the classified service may be required if new positions are not automatically in that class in the absence of appropriate action to be contrary. Subd. 2. Testing procedures. The [police department, building inspector, or other specified oLTzcer or agency] shall adopt guidelines establishing the test procedures and 11,1 instrumentation to be used in enforcing the provisions of Section 4 imposing noise standards. A copy of such guidelines shall be kept on file in the office of the [police department, building inspector, or other specified officer or agency] at 9 , I [address] and shall be available to the public for reference during office hours. Subd. 3. Studies, etc. The [police department, building inspector, or other specified officer or agency] shall conduct such research, monitoring, and other studies related to sound as are necessary or useful in enforcing this ordinance and reducing noise in the city. He or she shall make such investigations and inspections in accordance with law as required in applying ordinance requirements. Subd. 4. Noise impact statements. The [police department, building inspector, or other specified officer or agency] may require any person applying to the city 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 on a form prescribed by the officer. He or she shall evaluate each such statement and make appropriate recommendations to the councilor other agency or officer authorized to take the action or approve the license or permit applied for. Subd. 5. Other powers and duties. The [police department, building inspector, or other specified officer or agency] shall exercise such other powers and perform such other duties as are reasonable and necessary to enforce this ordinance. Section 8. Variances. Subdivision 1. Authority. The [police department, building inspector, or other specified officer or agency] shall have authority, consistent with this section, to grant variances from the requirements of any section of this ordinance. Subd. 2. Application. Any person seeking a variance shall file an application with the [police department, building inspector, or other specified officer or agency] on a form prescribed by the officer. The application shall state the dates during which the variance is proposed, the location of the noise source and times of operation, the nature of the noise source, reasons why the variance is sought, steps taken to minimize the noise level, and such other information as is required by the 10 [police department, building inspector, or other specified officer or agency]. If the application is for a variance for more than three days, the [police department, building inspector, or other specified officer or agency] shall give mailed notice of the requested variance to all property owners within 500 feet of the noise source. Any person claiming to be adversely affected by the variance applied for may, within 20 days of mailing of the notice, file a statement with the [police department, building inspector, or other specified officer or agency] in support of his or her claim. Subd.3. Action on application. If the [police department, building inspector, or other specified officer or agency] finds that sufficient controversy exists regarding the proposed variance, he or she Ipay hold a public hearing on the proposal at which all persons affected shall be given an opportunity to be heard. He or she shall also hold such a hearing upon request of the applicant or any person claiming to be adversely affected by the variance applied for. Within 30 days of receipt of the application, the officer shall approve or deny the application. It may be approved only if the officer 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 officer 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. Comment: Most comprehensive ordinances contain provisions for varying the sound source requirements of the ordinance to prevent undue hardship. This special dispensation from the requirements is granted variously by procedures for exceptions, variances, or temporary (or sometimes permanent) permits. Sometimes such special treatment is limited to the provision of special time limits for bringing existing noise sources into compliance when the ordinance first goes into effect, and sometimes it is confined to specified ordinance restrictions. The model follows a practice similar to that used in zoning ordinances for variances. Provisions in the local zoning ordinances may provide a pattern that the council may wish to follow instead, , I \ I 11 tying it in to the noise control ordinance to the extent it is found feasible. If there is some officer other than the [police department, building inspector, or other specified officer or agency], who might better perform the task of administering the variance provisions, such as the city manager, administrator, environmental commission, planning commission, or a special ad hoc board, such an officer or board may be substituted in this section. Subd. 4. Appeals. Either the applicant or any , I party aggrieved may, within 20 days of the decision on the variance application, appeal to the city council for a review of the decision. The appeal shall be filed in writing with the city clerk. The appeal shall be heard as soon as practicable and within 20 days of the filing of the appeal, and the applicant and any person who has filed a statement on the application for a variance with the [police department, building inspector, or other specified officer or agency] shall be given at least 10 days mailed notice of the time when and place where the appeal will be considered by the council. The council may affirm, modify, or overrule the action of the [police department, building inspector, or other specified officer or agency] on the basis of the criteria set out in Subdivision 3. Comment: Ordinances that include provisions for taking care of hardship cases usually provide for appeals from administrative rulings on the application for an exception from ordinance requirements. Typically this appeal is to the city council, but some cities provide for appeals to a higher administrative officer or agency either before or in lieu of appeal to the council. Section 9. Enforcement. Subdivision 1. Notice of certain violations. When the [police department, building inspector, or other specified officer or agency] determines that a noise exceeds the maximum sound level permitted under Section 4, he or she shall give written notice of the violation to the owner or occupant of the premises where the noise originates and order such person to correct or remove each specified violation within such reasonable time as is prescribed in the notice. The failure to remove or correct any such violation within the time so prescribed constitutes a violation of this ordinance. Comment: Until the determination by the officer that there is a violation of the sound level requirements of Section 4, the person responsible may not know that a violation exists, particularly when the ordinance first goes into effect. This section is included, therefore, to ensure the person responsible has an opportunity to correct the condition before any prosecution is 12 attempted under the penalty provision of Subdivision 3 or before resorting to other means of abatement. Some ordinances confine notice provisions of this kind to situations existing when the ordinance goes into effect. Some also set maximum time limits for compliance, in some cases fixing longer limits for more costly corrective installations. Subd. 2. Civil remedies. This ordinance may be enforced by injunction, action for abatement, or other appropriate civil remedy. Comment: Although it may not be possible to affect the jurisdiction and procedure of the courts by ordinance provision in most cities, the provision at least calls attention to available civil remedies. Subd. 3. Criminal penalties. Any violation of this ordinance involving the operation of a motor vehicle is a petty misdemeanor and, upon conviction, the violator shall be punished by a fine not to exceed $100. Every person who violates ~y other provision of this ordinance is guilty of a misdemeanor and shall, upon conviction, be subject to a fine of not more than $700 or imprisonment for a term not to exceed 90 days, or both. In all cases the city shall be entitled to collect the costs of prosecution to the extent outlined by law, Rules of Criminal Procedure, and the Rules of Court. Each act of violation and each day a violation occurs or continues constitutes a separate offense. Comment: The penalty provided for misdemeanors is the maximum allowed by law. The provision for adding the costs of prosecution is based on the statutory city code. Minn. Stat. 412.231. Violations of noise limits on motor vehicle operation and for driving with an inadequate muffler, like most violations of the traffic code, are petty misdemeanors under the state law. Minn. Stat. 169.89, Subd. 1. The law also provides that local ordinances may not fix a different penalty. Minn. Stat. 169.022. The ordinance may make all or specified violations petty misdemeanors, if preferred. In that case the violator is subject only to the maximum $100 fine on conviction with no possibility of a jail sentence. In prosecutions under a petty misdemeanor provision, there is no right to a trial by jury and appeals are permitted only on questions of law. In a city with an ordinance code containing a general penalty provision, the penalty section of this ordinance may be abridged. Section 10. Severability. If any provision of this ordinance or the application of any I ~ I provision to a particular situation is held to be invalid by a court of competent jurisdiction, the remaining portions of the ordinance and the 13 application of the ordinance to any other situation shall not be invalidated. Comment: While there is some doubt that a severability provision alters what a court would do otherwise in construing ordinances, it is common to include it in ordinances containing such varied provisions at this one. For example, the PCA regulation establishing noise standards contains such a provision. , . Section II, Effective Date. This ordinance becomes effective ,19_. Comment: In statutory cities ordinances become effective upon passage and publication unless a later date is fixed in the ordinance. In many home rule charter cities, non-emergency ordinances do not become effective until 30 days after passage and publication unless the ordinance fixes a later date. This section is not legally necessary unless a later effective date is chosen than the date prescribed by law or charter. Passed this day of ,19_, Mayor Attest: City Clerk Published in on ,19_, 14 II. Short-Form Noise Control Ordinance The City Council of ordains: Section 1. Noises Prohibited. Subdivision 1. General prohibition. No person shall make or cause to be made any distinctly and loudly audible noise that unreasonably 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 restrictions of the following subdivisions. Subd. 2. Horns, audible signaling devices, etc. No person shall sound any audible signaling device on any vehicle except as a warning of danger, as required by Minn. Stat. 169.68. Comment: In order to further restrict the use of these certain devices, danger can be more fully defined, formal permits for the use of these devices can be required, or operational curfews can be established by the city. Furthermore, the city or citiesmay wish to extend this provision to stationary sources which would include noon whistles, church bells, etc. Subd. 3. Exhaust. No person shall discharge the exhaust or permit the discharge of the exhaust of any steam engme, stationary internal combustion engine, motor boat, motor vehicle, or snowmobile except through a muffler or other device that effectively prevents loud or explosive noises therefrom and complies with all applicable state laws and regulations. Comment: Motor vehicle mufflers are prescribed by Minn. Stat. 169.69. Water craft mufflers are prescribed by Minn. Stat. 86B.321. Snowmobile mufflers. are required under Minn. Stat. 84.871 and Minn. Rules 6100.5700 subpart 5. If snowmobile operation within the city is prohibited, the city may wish to omit the reference to snowmobiles in this subdivision. IIII Subd. 4. Defective vehicles or loads. No person shall use any vehicle so out of repair or so loaded as to create loud and unnecessary grating, grinding, rattling, or other noise. 15 Subd. 5. Loading, unloading, unpacking. No person shall create loud or excessive noise in loading, unloading, or unpacking any vehicle. Subd. 6. Radios, phonographs, paging systems, etc. No person shall use or operate or permit the use or operation of any radio receiving , I 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 to unreasonably disturb the peace, quiet, and comfort of any person nearby. 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 at the property line ofthe structure or building in which it is located, in the hallway or apartment adjacent, or at a distance of 50 feet if the source is located outside a structure or building shall be prima facie evidence of a violation of this section. Subd. 7. Participation in noisy parties or gatherings. No person shall participate in any party or other gathering of people giving rise to noise, unreasonably 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. No person shall refuse to leave after being ordered by a police officer to do so. Every owner or tenant of such premises ~ho has knowledge of the disturbance shall make every reasonable effort to see that the disturbance is stopped. Subd. 8. Loudspeakers, amplifiers for advertising, 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. Comment: Some cities may wish to allow such devices under city permit. If this approach is used, provisions for a permit should be substituted and standards for use of the device under permit included. 16 Subd. 9. Animals. No person shall keep any animal that unreasonably disturbs the comfort or repose of persons in the vicinity by its frequent or continued noise. For purposes of this section, "disturbs the comfort or repose of persons in the vicinity by its frequent or continued noise" means anyone of the following: A. The animal noise occurs at a time between 10:00 p.m. and 7:00 a.m. and can be heard from a location outside the building and premises where the animal is being kept, and the animal has made such noises intermittently for more than three (3) minutes with one minute or less lapse of time between each animal noise during the three minute period; or B. The animal noise can be heard from a one Block distance from the location of the building and premises where the animal is being kept, and the animal has made such noises intermittently for more than three (3) minutes with one minute or less lapse of time between each animal noise during the three minute period, or C. The animal noise can be heard from a location outside the building and premises where the animal is being kept, and the animal has made such noises intermittently for a period of at least five (5) minutes with one minute or less lapse of time between each animal noise during the five minute period. Subd. 10. Schools, churches, hospitals, etc. No person shall create any excessive noise on a street, alley, or public grounds adjacent to any school, institution of learning, church, or hospital when the noise unreasonably interferes with the working of the institution or disturbs or unduly annoys its occupants or residents and when conspicuous signs indicate the presence of such institution. Comment: The list of institutions may be altered to meet local needs. Some ordinances, for example, add courts, nursing homes, and homes for the elderly to the list. Section 1 is intended to prohibit various noise nuisances, commonly proscribed by ordinances. Others may be added to take account of local nuisance situations. Among others sometimes found in noise control ordinances are (1) noise pollution from blJilding, repairing, or testing motor vehicles or other internal combustion engines; (2) use of model III 17 vehicles or model airplanes during certain hours or in certain places; (3) use of explosives, firearms (see Minn. Stat. n 6.07, Subd. 2a), or similar devices causing a noise disturbance beyond property lines (sometimes permitted under certain conditions with a special variance); (4) unmu.fJled operation of blower or power fans; (5) noise from idling diesel engines. , I Some provisions either included or omitted in the model section may already appear in city ordinances dealing with nuisances, and some directed at noise by people (e.g., loud parties) may be treated in ordinances on disorderly conduct or breaches of the peace. Section 2. Hourly Restriction on Certain Operations. Subdivision 1. Recreational vehicles. No person shall, between the hours of 10:00 p.m. and 7:00 a.m., drive or operate any minibike, snowmobile, or other recreational vehicle not licensed for travel on public highways. Comment: If other ordinances regulate or prohibit the use of snowmobiles or other non-highway recreational vehicles within the city, this provision should be modified accordingly. It should be noted that Minn. Stat. 84.90 regulates the operation of snowmobiles relative to the ordinances of a municipality. Subd. 2. Domestic power equipment. No person shall operate a power lawn mower, power hedge clipper, chain saw, mulcher, garden tiller, edger, drill, or other similar domestic power maintenance equipment except between the hours of 7:00 a.m. and 10:00 p.m. on any weekday or between the hours of 9:00 a.m. and 9:00 p.m. on any weekend or holiday. Snow removal equipment is exempt from this provision. Subd.3. Refuse hauling. No person shall collect or remove garbage or refuse in any residential district except between the hours of 7:00 a.m. and 10:00 p.m. on any weekday or between the hours of 9:00 a.m. and 9:00 p.m. on any weekend or holiday. Subd. 4. Construction activities. No person shall engage in or permit construction activities involving the use of any kind of electric, diesel, or gas-powered machine or other power equipment except between the hours of 7:00 a.m. and 10:00 p.m. on any weekday or between the hours of 9:00 a.m. and 9:00 p.m. on any weekend or holiday. 18 Section 3. Enforcement. Subdivision 1. Enforcement duties. The [police department, building inspector, or other specified officer or agency] shall enforce the provisions of this ordinance. The [substitute other specified officer or agency if listed above] may inspect private premises other than private residences and shall make all reasonable efforts to prevent violations of this ordinance. Comment: This subdivision must be adapted to fit the administrative structure and personnel of the individual city. In many small cities the police department may be the only agency available for the purpose. In that case the subdivision is consistent with the general responsibility given the police department to enforce laws and ordinances. Subd. 2. Civil remedies. This ordinance may be enforced by injunction, action for abatement, or other appropriate civil remedy. Comment: Although it may not be possible to affect the jurisdiction and procedure of the courts by ordinance provision in most cities, the provision at least calls attention to available civil remedies. Subd. 3. Noise impact 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 on a form prescribed by the council. It shall evaluate each such statement and take its evaluation into account in approving or disapproving the license or permit applied for or the zoning change requested. Comment: If there is some other officer who may appropriately require noise impact statements, that officer may be substituted for the council in the first sentence and the second then may be altered to provide for evaluation of the statement by that officer and the making of appropriate recommendations to the council or other officer authorized to take action. Some cities, particularly smaller cities, may prefer to omit this subdivision altogether. Subd.4. Criminal penalties. Any violation of this ordinance involving the operation of a motor vehicle is a petty misdemeanor and, upon conviction, the violator shall be punished by a fine I' I' not to exceed $100. Every person who violates any other provision of this ordinance is guilty of a misdemeanor and shall, upon conviction, be subject to a fine of not more than $700 or imprisonment for a term not to exceed 90 days, or 19 both. In all cases the city shall be entitled to collect the costs of prosecution to the extent outlined by law, Rules of Criminal Procedure, and the Rules of Court. Each act of violation and each day a violation occurs or continues constitutes a separate offense. , I Comment: The penalty provided for misdemeanors is the maximum allowed by law. The provision for adding the costs of prosecution is based on the statutory city code. Minn. Stat. 412.231. Violations of noise limits on motor vehicle operation and for driving with an inadequate muffler, like most violations of the traffic code, are petty misdemeanors under the state law. Minn. Stat. 169.89, Subd. 1. The law also provides that local ordinances may not fix a different penalty. Minn. Stat. 169.022. The ordinance may make all or specified violations petty misdemeanors, if preferred. In that case the violator is subject only to the maximum $100 fine on conviction with no possibility of a jail sentence. In prosecutions under a petty misdemeanor provision, there is no right to a trail by jury and appeals are permitted only on questions of law. In a city with an ordinance code containing a general penalty provision, the penalty section of this ordinance may be abridged. Section 4. Effective Date. This ordinance becomes effective , 19 " . . 't 20 * 387.30 MINNEAPOLIS CODE the dwelling, establishment, or premise is a multi- unit dwelling or residence, hotel or motel, or commercial office building, this ordinance shall only apply to the dwelling, establishment, prem- ise, unit, room, or suite of rooms in a botel or motel, office or suite, or store in which the pro- hibited conduct occurs. (98-0r-114, ~ 1, 10-16-98) 387.40. Participation in gambling place. No person sball knowingly enter, attempt to enter or remain in any place, location, house, room, tent or vehicle used, occupied, or in any way designed for gambling purposes set forth in section 387.10. Notwithstanding Minnesota Statutes Sections 609.755 and 609.76, a person may enter a place to participate in gambling operations where permit- ted by Minnesota Statutes Section 609.761. (98- Or-1l4, ~ 1, 10-16-98) 387.50. Possession of gambling device pro- hibited. Except where authorized by statute, no person shall possess a gambling device. This clause does not prohibit the possession of a gam- bling device in a person's dwelling for the amuse- ment purposes ina manner that does not afford players an opportlinity to obtain anything of value. (98-0r-114, ~ 1, 10-16-98) CHAPTER 389. NOISE* ARTICLE I. GENERALLY 389.05. Declaration. There have come into being within the city certain loud, avoidable, unnatural and unnecessary noises, which under certain circumstances and conditions, constitute a serious threat to the health, the welfare, the contentment and the feeling of well-being of our people. Therefore, the city council does declare that the doing of such things in a manner prohib- ited by, or not in conformity with, the terms of this .Charter reference-Authority to prevent noise. Ch. 4, ~ 5(3). Cross references--Noise from musical jukeboxes, ~ 267.990; unnecessary sounding of train whistle, ~ 397.10; provisions of zoning ordinance relative to noise control in manufacturing districts, 2 535.620. Supp. No. 20 article constitutes an undesirable noise and shall be punished as hereinafter provided. (Code 1960, As Amend., ~ 948.010; 97-0r-063, ~ 1,7-11-97) 389.10. Findings. (a) Excessive noise degrades the environment of the city and the city has a substantial and, in some cases, compelling inter- est in controlling such noise. (b) Excessive noise degrades tbe environment to a degree that: (1) is harmful to the health, welfare and safety of its inhabitants. (2) interferes with the comfortable enjoy- ment of life and property. (3) interferes with the well being, tranquility, and privacy of the home. (4) causes and/or aggravates health prob- lems. (c) Individuals are not required to welcome unwanted noise into their own homes and there simply is no right to force unwanted noise into the home of an unwilling listener and there is a compelling interest in prohibiting such noise on a content neutral basis. (d) Effective control and elimination of exces- sive noise is essential to the health and welfare of the city's inhabitants and to the conduct of the normal pursuits of life, including recreation and communication. (e) It is the intent of the city council to prevent excessive noise without unreasonably infringing upon the rights of the city's inhabitants and visitors. (f) It is the intent of the city council to prevent excessive noise, whenever possible, without sub- stantially burdening the free exercise of religion and in every case within the constraints set by the Minnesota and U.S. Constitutions and applicable statutes and this ordinance is intended to be interpreted as consistent with all such con- straints. (g) The city's interest in regulating noise should and does take into account the time, place, and manner of such noise. \= 1654 , ' OFFENSES-MISCELLANEOUS 9 389.30 ,...~ (h) Certain short term easing of noise restric- tions is essential to allow the construction, main- tenance and continuation of structures, infrastruc- ture, and other elements necessary for the physical and commercial vitality of the city. (i) A substantial body of science and technol- ogy exists by which excessive sound may be substantially abated. (j) Uses of sound amplifying equipment in cer- tain ways and at certain times and places unrea- sonably invades the personal privacy, peace, and personal freedom of citizens and visitors of the city. (k) The city council feels obligated to reason- ably regulate on a content neutral basis the time, place, and manner of using sound amplifying equipment in order to protect the correlative constitutional rights of the citizens and visitors of this community to personal privacy, peace, and personal freedom from diminishment by invasive and unwanted noise which is unnecessary or for which there are ample alternative channels. (97- Or-063, ~ 2, 7-11-97) 389.15. Incorporation by reference. Minne- sota Rules, Chapter 7030, is hereby incorporated by reference, except to the extent specifically inconsistent with this chapter, and made a part hereof as if fully set forth herein. The provisions thereof shall be supplemental to provisions of the Minneapolis Code of Ordinances and shall not preempt such provisions unless such preemption is required by law. (97-0r-063, ~ 3, 7-11-97) 389.20. Other remedies preserved. The pro- visions of this article shall be in addition to and shall not disturb either the right of the city, if such, or the right of individuals affected by the violation, to pursue any other remedy for the abatement of a nuisance, or any other remedy which might or could be available under the law. (Code 1960, As Amend., ~ 948.070) 389.30. Definitions. The following terms when- ever used in this article shall have the following respective meanings: Ambient noise level: The sound level which exists at a point of measurement in the absence of Supp. No. 16 the sound the noise emission of which is mea- sured, being the total effect of all other sounds coming from near and far. The total of all noise in the environment, other than the noise from the source of interest. This term is used interchange- ably with background noise. ANSI: The American National Standards Insti- tute. Attenuation: The reduction of sound intensity by various means (e.g., air, humidity porous ma- terials) . A-weighted sound level: A measure of sound pressure level designed to reflect the acuity of the human ear, which does not respond equally to all frequencies. The ear is less efficient at low and high frequencies than at medium or speech-range frequencies. To describe a sound containing a wide range of frequencies in a manner represen- tative of the ear's response, it is necessary to reduce the effects of the low and high frequencies with respect to the medium frequencies. The resultant sound level is said to be A-weighted, and the units are dB(A). The A-weighted sound level is also called the noise level. Sound level meters have an A-weighting network for measur- ing A-weighted sound level. Audible: Heard or perceived by the human ear. Background noise: The total of all noise in a system or situation, independent of the presence of the desired signal. In acoustical measurements, strictly speaking, the term "background noise" means electrical noise in the measurement sys- tem. The term background noise is often used to mean the noise in the environment, other than the noise from the source of interest. Band: Any segment of the frequency spectrum. Calibrator (acoustical): A device which pro- duces a known sound pressure on the microphone of a sound level measurement system, and is used . to adjust the system to standard specifications. Continuous: Continuing without intermission and seemingly without end. Construction equipment: Any vehicle or device such as a jackhammer, hammerdrill, bulldozer, 1654.1 .~ 389.30 MINNEAPOLIS CODE dump truck, front end loader, bobcat, crane or backhoe used in a construction project which has a defined beginning and end. Cycles per second: A measure of frequency numerically equivalent to hertz. Daytime: 6:00 a.m. to 6:00 p.m. of the same day. dB(A): Composite abbreviation for decibel and A-weighted sound level. The weighted sound pres- sure level by the use of the A metering character- istic and weighting specified in ANSI Specifica- tion of Sound Level Meters, 81.4-1983. dB(A) is used as a measure of'human response to sound. Disturbing, excessive or offensive noise: Any sound or noise conflicting with the criteria or levels set forth in this article. Equivalent A-weighted sound level (Leq): The constant sound level that, in a given time period, would convey the same sound energy as the actual time-varying A-weighted sound level. Hearing: The subjective human response to sound. Hearing level: A measured threshold of hearing at a specified frequency, expressed in decibels relative to a specified standard of normal hearing. The deviation in decibels of an individual's thresh- old from the zero reference of the audiometer. Hertz (Hz): Unit of measurement of frequency, numerically equal to cycles per second. Impact sound: The sound produced by the collision of two (2) solid objects. Typical sources are footsteps, dropped objects, etc., on an interior surface (wall, floor, or ceiling) of a building. Impulsive noise: Impulsive noise means a sound of short duration, usually one second or less with abrupt onset and rapid decay. Impulsive noises include but are not limited to metal impacts, hammers, gunshots, explosions, and drop forge impacts. Intensity: The sound energy flow through a unit area in a unit time. L10: The sound level, expressed in dB(A), which is exceeded ten (10) percent of the time for a one Supp. No. 16 hour survey, as measured by test procedures approved by the commissioner of the Minnesota Pollution Control Agency. L50: The sound level, expressed in dB(A), which is exceeded fifty (50) percent of the time for a one hour survey, as measured by test procedures a pproved by the commissioner of the Minnesota Pollution Control Agency. Level: The logarithm of the ratio of a quantity to a reference quantity of the same kind. The base of the logarithm, the reference quantity, and the kind of level must be specified. Logarithm: The exponent that indicates the power to which a number must be raised to produce a given number. For example, for the base ten (10) logarithm, used in acoustics, two (2) is the logarithm of one hundred (100). Loudness: The subjective judgment of intensity of a sound by humans. Loudness depends upon the sound pressure and frequency of the stimulus. Over much of the frequency range it takes about a threefold increase in sound pressure, a tenfold increase in acoustical energy, or, ten (10) dB(A) to produce a doubling of loudness. Loudness level: Measured in phones it is nu- merically equal to the median sound pressure level (dB) of a free progressive one thousand (1,000) Hz wave presented to listeners facing the source, which in a number of trials is judged by the listeners to be equally loud. Masking: 1. The process by which the threshold of audibility for a sound is raised by the presence of another (masking) sound. 2. The amount by which the threshold of audibility of a sound is raised by the presence of another (masking) sound. Masking noise: A noise that is intense enough to render inaudible or unintelligible another sound that is also present. Medium: A substance carrying a sound wave. Noise: Any sound which is unwanted, or does not occur in the natural environment (e.g., air- 1654.2 OFFENSES-MISCELLANEOUS ~ 389.30 ~ craft, highways, industrial, commercial, residen- tial), or has an erratic, intermittent, or statisti- cally random oscillation. Noise area classification or noise classification area: The noise area classifications and activities included in Minnesota Rules, Chapter 7030, ad- ministered by the Minnesota Pollution Control Agency, except where specifically altered herein. Noise level: The sound level. For airborne sound, unless specified to the contrary, it is the A- weighted sound level. Noisy assembly: For the purposes of sections 389.65 (c)(1) and 389.65 (c)(2), the term "noisy assembly" shall mean a gathering of more than one person in a residentially zoned or used area or building between the hours of 10:00 p.m. and 6:00 a.m. that would be likely to cause significant discomfort or annoyance to a reasonable person of normal sensitivities present in the area consider- ing the time of day and the residential character of the area. Non-impulsive noise: All noise not included in the definition of impulsive noise. Octave: The interval between two sounds hav- ing a frequency ratio of two (2). There are eight (8) octaves on the keyboard of a standard piano. Peak sound pressure: The maximum absolute value of the instantaneous sound pressure in a specific time interval. Note: In the case of a periodic wave, if the time interval considered is a complete period, the peak sound pressure be- comes identical with the maximum sound pres- sure. Points of habitation: Any point inside a dwell- ing and any deck, patio, or other outdoor area that contains seating or cooking areas designed for the use of the occupants and within thirty (30) feet of the adjoining dwelling. Outdoor areas are a point of habitation only during the period between April 15 and November 15. Property line: The real or imaginary line and its vertical extension which separates real prop- erty owned or controlled by any person from contiguous real property owned or controlled by another person and separates real property from the public premise. Supp. No. 16 Premise: Any building, structure, land, utility or portion thereof, including all appurtenances, and shall include yards, lots, courts, inner yards and real properties without buildings or improve- ments, owned or controlled by a person. Pure tone: A sound for which the sound pres- sure is a simple sinusoidal function of the time, and characterized by its singleness of pitch. Residentially used area: Any building or por- tion thereof designed or used exclusively for hu- man habitation, including single-family, two- family, and multiple-family dwellings without regard to their size or location within the city plus any area within five hundred (500) feet of such building or portion thereof which is so used. Residentially used area shall include any mixed use building which contains a dwelling unit as defined in section 522.40 of this Code plus any area within five hundred (500) feet of such dwell- ing unit. Residentially used area shall not be established by the locations of buildings which are principally hotels, motels, or rooming houses. Residentially zoned area: Any property or area which is located in a zoing district intended for any kind of residential use and with an "R" designation of any kind pursuant to the Minne- apolis Zoning Code and the associated official zoning map. Reverberation: The persistence of sound in an enclosed space, as a result of multiple reflections, after the sound source has stopped. Shielding: The attenuation of a sound, achieved by placing barriers between a sound source and the receiver. Sound: 1. An oscillation in pressure, stress, particle displacement, particle velocity, etc., in an elastic or partially elastic medium, or the superposition of such propagated alter- ations. 2. An auditory sensation evoked by the os- cillation described above. Not all sound waves can evoke an auditory sensation (e.g., ultrasound), 1654.3 !? 389.30 MINNEAPOLIS CODE Sound level: A quantity measured with a sound level meter and expressed in decibels. The weighted sound level meter and frequency weighting net- work, such as A, B, C as specified in ANSI specifications for sound level meters (ANSI S1.4- 1983, or the latest approved revision). If the frequency weighting employed is not indicated, the A-weighting is implied. Sound level meter: An instrument or combina- tion of instruments, which meets or exceeds the requirements for a type SlA of S2A sound level meter as specified in American National Stan- dards Institute specification for sound level meters S1.4-1983, or it81atest revision. It is comprised of a microphone, amplified, output meter, and fre- queney-weighting networks which is used for the measurement of noise and sound levels. Spectrum: The description of a sound wave's resolution into its components of frequency and amplitude. Steady-state sound: Sounds whose average char- acteristics remain relatively constant in time. A practical example of a steady-state sound source is an air conditioning unit. Threshold of audibility: The minimum sound pressure level at which a person can hear or detect a specified frequency of sound over a spec- ified number of trials. Threshold of pain: The minimum sound pres- sure level of a sound outside the ear that will produce a transition from discomfort to definite pain. Tone: A sound of definite pitch. A pure tone has a sinusoidal wave form which changes from dis- comfort to pain. Vibration: An oscillatory motion of solid bodies described by displacement, velocity, of accelera- tion with respect to a given reference point. Wave: A disturbance that travels through a medium by virtue of the elastic properties of that medium. Wavelength: For a periodic wave (such as sound in air), the distance between analogous points on Supp. No. 16 any two (2) successive waves. The wavelength of sound in air or in water is inversely proportional to the frequency of the sound. Weighting. Prescribed frequency filtering pro- vided in a sound level meter. Windscreen. A porous device used to cover the microphone of a sound level measurement system which is designed to minimize the effects of winds and wind gusts on the sound levels being mea- sured. Typically made of open cell polyurethane foam and spherically shaped. (Code 1960, As Amend., ~ 948.090; 82-0r-163, ~ 1,8-13-82; 86-0r- 105, ~ 1, 5-9-86; 97-0r-063, ~ 4, 7-11-97; 98-0r- 099, ~ 1, 10-2-98; 98-0r-144, ~ 1, 12-4-98) 389.40. Enforcement. The director of inspec- tions and the chief of police are authorized and directed to administer and enforce the provisions of this article. (Code 1960, As Amend., ~ 948.100; Ord. of 5-11-73, ~ 1; 97-0r-063, ~ 5, 7-11-97) 389.50. Noise prohibited. It shall be unlaw- ful to make, continue or cause to be made or continued any noise in excess of the noise levels set forth in section 389.60 unless such noise is reasonably necessary to the preservation of life, health, safety or property. (Code 1960, As Amend., ~ 948.020) 389.60. What constitutes violation. (a) Any activity, not expressly exempted by section 389.50 or this section which generates sound regardless of frequency that is more than ten (10) decibels (A scale) above the ambient noise level when mea- sured within any dwelling unit (other than the one of sound source) in a condominium, townhouse, apartment house, multi-unit dwelling, single- family dwelling, or similar dwelling between the hours of 6:00 a.m. and 10:00 p.m. All measure- ments applying to the above shall be made in- doors with the doors closed, and within the dwell- ing. (b) Any activity not expressly exempted by section 389.50 or this section which generates sound regardless of frequency that is more than five (5) decibels (A) scale above the ambient noise level when measured within any dwelling unit (other than the one of sound source) in a condo- 1654.4 OFFENSES-MISCELLANEOUS minium, townhouse, apartment house, multi-unit dwelling, single-family dwelling or similar dwell- ing between the hours of 10:00 p.m. and 6:00 a.m. All measurements applying to the above shall be made indoors with the doors closed, and within the dwelling. (c) Any sound in excess of the limits as set forth in Minnesota Rules, Chapter 7030 (1995) provided that such sound is three (3) decibels or more above ambient noise levels for sounds mea- sured between 10:00 p.m. and 6:00 a.m. or five (5) decibels or more above ambient noise levels for sounds measured between 6:00 a.m. and 10:00 p.m. ~ (d) Sound in excess of the limitations for any noise classification area, as determined pursuant to paragraph (c), as measured in that noise clas- sification area are violative ofthis section, whether the sound originates in that noise classification area or any other noise classification area. The noise area classification of the receiving noise classification area rather than that of the gener- ating noise classification area determines the appropriate noise area classification for the pur- poses of this section. (e) Sounds emanating from the operation of the following are exempt from the provisions of this section and section 389.65(a): (1) Motor vehicles on traffic ways of the city. (2) Aircraft in flight. (3) Outdoor implements, such as power lawn mowers, leaf blowers, snowblowers, power hedge clippers and power saws. (4) Pile drivers, jackhammers, cranes, scrap- ers, dump trucks, backhoes, bulldozers and other construction equipment. (5) Lawful and properly permitted organized athletic activities on school grounds, and officially designated playgrounds used for recreation by children under supervision, and parks or places wherein athletic con- tests take place between the hours of 8:00 a.m. and 9:00 p.m. (6) Rail traffic. Supp. No. 16 9 389.60 (7) Repairs and maintenance of utility struc- tures when the utility structures pose a clear and immediate danger to life or health or significant loss of property, and the repairs and maintenance are neces- sary for the safety and commercial vital- ity of the city. <D Sounds emanating from amplifYing equip- ment that is in full compliance with a permit issued pursuant to section 389.105 are exempt from the provisions of this section. (g) At no point on the boundary of a residence or business district shall the sound pressure level of any operation within the Ml, M2, M3 districts, or any use regardless of present zoning which is first a permitted use in the Ml, M2, M3 districts, exceed the decibel limits in the octave bands designated below: Maximum Permitted Sound Level (decibels) Octave Band Along Along Frequency Residence Business (cycles) District District per second) Boundaries Boundaries 0-75 72 79 75-150 67 64 150-300 59 66 300-600 52 59 600-1200 46 53 1200-2400 40 47 2400-4800 34 41 Over 4800 32 39 (h) No noise shall be prohibited or restricted under the authority ofthis section which substan- tially burdens a person's exercise of religion un- less it is demonstrated that application of the burden to the person is: (1) in furtherance ofa compelling governmen- tal interest. (2) the least restrictive means of furthering that compelling governmental interest. (3) consistent with Article I, Section 16 of the Minnesota Constitution. 1654.5 ~ 389.60 MINNEAPOLIS CODE (i) No noise shall be prohibited or restricted under the authority of this section which substan- tially limits speech unless such a prohibition or restriction: (1) serves a significant governmental inter- est as applied in a particular case. (2) as applied in the particular case there are other ample alternative channels for com- munication of the information. (3) application of the regulation in the partic- ular case promotes a substantial govern- ment interest that would be achieved less effectively absent application of the regu- lation. (Code 1960, As Amend., g 948.030; Ord. of 9-27-74, ~ 1; 79-0r-036, g 1,2-23- 79; 82-0r-163, gg 2, 3, 8~13-82; 83-0r-205, g 1,8-26-83; 86-0r-l05, g 2,5-9-86; 97-0r- 063, ~. 6, 7-11-97; 97-0r-067, g 1, 7-25-97; 98-0r-099, ~ 2, 10-2-98) 389.65. Public nuisance noise. (a) It shall be unlawful for any person to make, continue, permit, or cause to be made or continued within the city, any loud, disturbing or excessive noise which would be likely to cause significant discom- fort or annoyance to a reasonable person of nor- mal sensitivities present in the area. (b) The characteristics and conditions which shall be considered in determining whether a noise is loud, disturbing, or excessive for the purposes of paragraph (a) of this section, shall include, but not be limited to the following: (1) Whether the nature of the noise is usual or unusual. (2) Whether the origin of the noise is natural or unnatural. (3) The proximity of the noise to sleeping facilities. (4) The land use, nature, and zoning of the area from which the noise emanates and the area where it is received. (5) The time of day or night when the noise occurs. (6) The duration of the noise. Supp. No. 16 1654.6 (7) Whether the noise is recurrent, intermit- tent, or constant. (8) Whether the noise is produced by a com- mercial or noncommercial activity. (9) Whether or not noise abatement mea- sures are possible and whether or not they are used to reduce the sound level. (10) The number of people and their activities that are affected by the noise. (11) The sound peak pressure level of the noise on the A scale, if known. (12) The A scale level of ambient noise, if known. (13) The nature of any communicative content of the noise shall not be considered, for the purpose of this section, except: a. No noise shall be prohibited or re- stricted by this section which sub- stantially burdens a person's exer- cise of religion unless it is demonstrated that application of the burden to the person is: 1. in furtherance of a compelling governmental interest. 2. the least restrictive means of furthering that compelling gov- ernmental interest. 3. consistent with Article I, Sec- tion 16 of the Minnesota Con- stitution. b. No noise shall be prohibited or re- stricted by this section which sub- stantially limits speech unless such a prohibition or restriction: 1. serves a significant governmen- tal interest as applied in a par- ticular case. 2. as applied in the particular case there are other ample alterna- tive channels for communica- tion of the information. 3. application of the regulation in the particular case promotes a substantial government inter- est that would be achieved less effectively absent application of the regulation. OFFENSES-MISCELLANEOUS 9 389.70 ~ (c) Activities which constitute a public nui- sance. The following acts are violations of this section without reference to the standards of paragraphs (a) and (b) of this section, with the exception of section 389.65 (b) (13), namely: (1) Noisy assembly. Participating in, visiting, or remaining at a gathering knowing or having reason to know that the gathering is a noisy assembly, as defined in section 389.30, except person(s) who have come to the gathering for the sole purpose of abat- ing the disturbance. (2) Permitting noisy assembly. Knowingly per- mitting real estate under one's care or control to be used for a noisy assembly, as defined in section 389.30. (3) Horns and other signal devices. The sound- ing of any horn or signal device on an automobile, motorcycle, bus or other vehi- cle while not in motion, except as a danger signal or traffic warning. (4) Keeping animals or birds. The keeping of any animal or bird which causes long, frequent, and/or continuous noise which would be likely to cause significant dis- comfort or annoyance to a reasonable per- son of normal sensitivities present in the area. (5) Operation of vehicles. The use of any au- tomobile, pickup truck, motorcycle, or other vehicle which is not reasonably main- tained and which causes noise which would be likely to cause significant discomfort or annoyance to a reasonable person of nor- mal sensitivities present in the area. (6) Amplified sound from vehicles. Except as provided in section 389.105, the playing or operation, or permitting the playing, use or operation, of any radio, tape player, disc player, loud speaker, or other elec- tronic device used for the amplification of music or other entertainment, which is located within a motor vehicle being oper- ated on a public street or alley, or in commercial or residential parking facili- ties, which is audible by any person from a distance of fifty (50) feet or more from Supp. No. 16 the vehicle. When sound violating this section is produced or reproduced by any such device that is located in a motor vehicle, the motor vehicle's owner, ifpresent when the violation occurs, is in violation of this section. If the motor vehicle's owner is not present at the time of the violation, the person in charge or control of the vehicle at the time of the violation is in violation of this section. In addition to an owner or a. driver, any person who con- trols or assists with the production of sound violating this section is in violation of this section. Violation ofthis subsection is a misdemeanor. A first violation of this subsection is punishable by a fine not to exceed five hundred dollars ($500.00), a second violation is punishable by a fine not to exceed seven hundred dollars ($700,00), and a third violation is punish- able by a fine to the maximum amount. (7) Amplified sound. The playing or opera- tion, or permitting the playing, use or operation, of any radio tape player, loud speaker or other electronic device used for the amplification of sound (except as spe- cifically permitted under section 389.105) . located inside or outside, the sound of which carries to points of habitation on adjacent properties, and is audible above the level of conversational speech at a distance of fifty (50) feet or more from the point of origin of the amplified sound. (97-0r-063, ~ 7, 7-11-97; 97-0r-067, ~ 2, 7-25-97) 389.70. Construction and demolition equip- ment. (a) Except as hereinafter provided, no construction or demolition equipment shall be operated within the city between the hours of6:00 p.m. and 7:00 a.m. on weekdays or during any hours on Saturdays, Sundays and state and fed- eral holidays, except under specific permit from the director of inspections or the city council, for the purpose of a specified construction project only, as provided below and no such equipment shall be operated at any time if the sound level from such operation exceeds ninety (90) decibels measured at fifty (50) feet or more away from the 1654.7 ~ 389.70 MINNEAPOLIS CODE source; provided further, however, that such equip- ment, the operation of which fully conforms and in the reasonable opinion of the director of inspec- tions or the city council is likely to fully conform to the provisions of sections 389.'50, 389.60, 389.65, 389.90, and 389.100 of this chapter ~hall be per- mitted to operate during the above-prohibited hours and days after obtaining the permit re- quired by this section. (b) No internal-combustion engine or any other power unit when operated in connection with construction or demolition equipment shall be operated at any time other than at the times as above set forth in this section and any sound emitted from any such engine or power unit shall not exceed ninety (90) decibels measured at fIfty (50) feet or more away from the source. (c) No exhaust system of such an internal- combustion engine shall be altered, modifIed or repaired in such a way that the noise emitted by the engine is increased above that emitted by said engine as originally equipped from the manufac- turer. (d) If an emergency situation exists or if the director of inspections determines that substan- tial loss or inconvenience would result to any party in interest unless allowed additional hours of equipment operation, the director may grant permission for extended hours of operation of such construction or demolition equipment and internal-combustion engine or power units sub- ject to such conditions or restrictions as the direc- tor determines to be necessary and appropriate and in the public interest. (e) The fees for an extended hours-of-operation permit issued pursuant to paragraph (d) hereof, shall be fIfty dollars ($50.00) per day for each Saturday, Sunday, and legal holiday on which work is performed and each calendar day on which work is performed after 6:00 p.m. or before 7:00 a.m. of the following day. The fee for an extended hours-of-operation permit for a public works project, issued pursuant to paragraph (f) hereof, shall be twenty~five dollars ($25.00) per day. Permits shall be obtained in advance of the proposed extended hours of operation. If the per- Supp. No. 16 mit has not been applied for in advance, the fee will be doubled for the days of operation prior to the date of application if the permit is issued. (f) The department of public works may con- struct, repair or rehabilitate any highway, road or bridge or other public infrastructure after 6:00 p.m. or before 7:00 a.m. on weekdays, or on Saturdays, Sundays or state or federal holidays when, in the judgment of the city engineer it is determined that the expeditious construction, re- pair or rehabilitation of any highway, road or bridge or other public infrastructure necessitates the operation of pile drivers, jackhammers, en- gines, power units or any other construction equip- ment. (Code 1960, As Amend., ~ 948.040; 79-0r- 036, ~ 2, 2-23-79; 79-0r-1l2, ~ 1, 5-25-79; 79-0r- 210, ~ 1, 10-26-79; 85-0r-082, ~~ 1, 2, 4-26-85; 86-0r-005, ~ 1, 1-17-86; 86-0r-105, ~ 3, 5-9-86; 86-0r-1l9, ~ 1, 5-23-86; 87-0r-021, ~ 1, 2-6-87; 87-Or-022, ~~ 1-3, 2-6-87; 90-0r-On, ~ 1, 3-16- 90; 90-0r-1l9, 9 1, 5-11-90; 92-0r-122, ~ 1, 10-9- 92; 97-0r-063, ~ 8, 7-11-97; 98-0r-099, ~ 3, 10-2- 98) 389.80. Outdoor implements. Except as here- inafter provided, any power lawn mower, snow blower, power hedge clipper, power saw, leafblower, trimmer, or such other implement, designed pri- marily for outdoor use, shall be operated within the city only between the hours of 9:00 a.m. and 9:00 p.m. on any day. No leaf blowers shall be operated by any person in the city without a muffler nor shall a leaf blower be operated in the city that causes sound in excess of seventy (70) dB(A) measured at fifty (50) feet away. A snow blower may be operated between the hours of 6:00 a.m. and 9:00 a.m. or between the hours of 9:00 p.m. and 10:00 p.m. if operation during such hours is reasonably necessary for an owner, occu- pant or other person having responsibility under section 445.20 and/or section 225.680(c) to meet their responsibilities for snow removal under those sections without undue hardship. (Code 1960, As Amend., ~ 948.050; 97-0r-063, ~ 9, 7-11-97) 389.90. Temporary crushing activities. (a) Definition and purpose. Temporary crushing ac- tivities include on-site crushing, grinding or pul- 1654.8 OFFENSES-NUSCELLANEOUS S 389.100 ~ verizing of razed building or structural materials performed in an open area by use of portable crushing m~chinery. The purpose of the ordinance is to reduce the impacts and costs associated with the demolition of primarily commercial and industrial structures while protecting the public health, safety and welfare by addressing concerns relating to the transitory effect of noise, dust, stormwater run-off and related environmental impacts resulting from temporary crushing activities. (b) Requirements. Temporary crushing activi- ties must comply with the following: 1. The performance standards in sections 542.490 to 542.540 of the zoning code; chapters 46, 47, 48, 117 and 389 of the code of ordinances; and state rules and statutes as determined applicable by the director of inspections when issuing the wrecking permit required by section 117.10 of this code. 2. Materials crushed, ground or pulverized on-site shall originate only from demoli- tion activities conducted on the site and shall not include any materials conveyed to the site from a different location. 3. Temporary crushing activities shall not exceed one hundred twenty (120) consec- utive calendar days from the date of issu- ance of a required permit. 4. A temporary sign, three (3) feet by four (4) feet, indicating the name, address and phone number{s) of the person(s) or agent(s) of the company conducting the temporary on-site crushing activities shall be placed within ten (10) feet of all public rights-of- way adjacent to the project site. The com- pany conducting the temporary crushing activities shall ensure that an agent re- sponsible for the activities conducted on- site is available on-site or by phone on a twenty-four (24) hour basis. (94-0r-115, 9., 1, 8-26-94) 389.95. Reserved. Editor's note-Ord. No. 97-0r-063, S 10, adopted July 11, 1997, repealed S 385.95 which pertained to radios, tape and disc players, etc. See the Code Comparative Table. Supp. No. 16 1654.9 389.100. Prohibited acts. (a) The following acts are not allowed in the city and the causing thereof are prohibited: (1) Intentionally sounding or permitting the sounding outdoors of any fire, burglar, or civil defense alarm, siren, whistle, or sim- ilar stationary emergency signaling de- vice except in the following circumstances: a. Existence of an emergency. b. Testing the device, not to exceed four (4) minutes in an hourly period, un- less approved by the director when there is no reasonable alternative to exceeding four (4) minutes oftesting and the testing is required by state or federal laws, rules or regulations. c. The sounding of a properly main- tained car alarm subject to para- graph 6 of this section. (2) Loading, unloading, opening, closing or other handling of boxes, crates, bottles, containers, building and construction ma- terials and equipment, demolition debris, garbage cans, garbage dumpsters or carts, scrap metal or other metal waste or sim- ilar objects outside of an insulated build- ing in a residentially used area between the hours of 10:00 p.m. and 6:00 a.m. This shall not prohibit the reasonable and care- ful handling of garbage carts and recyclables by residents setting them out for solid waste or recycling collection if the immediately following day is a collec- tion day. (3) No person shall load or unload a solid waste compacting vehicle, solid waste pro- cessing vehicle, solid waste collection ve- hicle, or recycling collection vehicle out- side of an insulated building in any residentially used area between the hours of 10:00 p.m. and 6:00 a.m. (4) No person shall operate a parking lot sweeper or commercial snow plowing equip- ment in any residentially zoned and used area between the hours of 10:00 p.m. and 6:00 a.m. Snow plowing of off-street park- ing areas and adjoining walkways with ~ 389.100 MINNEAPOLIS CODE reasonably maintained and proficiently operated equipment in residentially zoned and used areas is allowed between 10:00 p.m. and 6:00 a.m. during an official snow emergency which has been declared by the proper city officials. The Minneapolis Department of Public Works may plow and otherwise remove snow from public streets and other public areas between the hours of 10:00 p.m. and 6:00 a.m. whenever, in the judgment of the City Engineer, such plowing or otherwise re- moving snow is in the public interest. (5) Removing or rendering inoperative any noise control device or the design of a product having those devices, by any per- son other than for purposes of mainte- nance, repair or replacement. (6) It shall be unlawful for any person to be in control of and allow operation of an elec- tronic theft or burglar alann which sounds an audible signal without an automatic shutoff device to prohibit the audible sig- nal from sounding continually for more than five minutes. (97-Or-063, 9 11, 7-11- 97; 98-0r-099, ~ 4,10-2-98; 98-0r-124, 91, 10-23-98; 98-Or-I44, 9 2, 12-4-98) 389.105. Permits for sound amplifying equipment. Except as provided in section 389.60(e)(5), no person shall use or maintain any outside sound amplifYing equipment without first having obtained a permit from the pollution con- trol section of the inspections division, depart- ment of regulatory services. The fees for this permit shall be thirty-five dollars ($35.00) for each calendar day, Saturday, Sunday or legal holiday for which amplified sound is played or operated subject to the following conditions: (1) Outside sound amplifying equipment shall be used only between the hours of 9:00 a.m. and 9:00 p.m. This may be expanded to include hours between 7:00 a.m. and 10:00 p.m. upon a showing that the event can not reasonably take place without such expansion of hours. (2) Amplification that does not meet the lim- its of section 389.60 shall be limited to Supp. No. 16 eight (8) hours in anyone (1) day, sixteen (16) hours in any seven (7) day period and thirty-two (32) hours in any twenty-eight (28) day period for the same property. (3) Sound measured at fifty (50) feet from the source shall not exceed ninety (90) dB(A). (4) Sound measured off the property where the equipment is allowed under the per- mit shall never be more than fifteen (15) dB(A) above the ambient noise level. (5) Compliance with section 389.65 (a) and (b). A permit shall be issued only after the appli- cant gives a written promise to comply with these conditions and reasonably demonstrates that the activity will comply with these conditions. The terms of the permit, may be expanded, or the fee waived or reduced, when it is deemed necessary, upon a proper showing, for the purpose of com- plying with section 389.65 (b) (13), which is incor- porated herein. Permits shall be obtained in advance of the proposed extended hours of operation. If the per- mit has not been applied for in advance, the fee will be doubled for the days of operation prior to the date of application if the permit is issued. (92-0r-122, ~ 1, 10-9-92; 97-0r-063, ~ 12,7-11-97) 389.110. Advertising by public address sys- tems. No person shall maintain and operate in any building a radio device or musical instrument where the sound therefrom is cast directly upon a public street and where such device is maintained and operated for advertising purposes or for the purpose of attracting the attention of the passing public. Nothing herein contained shall prohibit the playing of records in a record shop where the sounds created, emitted or transmitted therefrom are not audible for a distance of more than twenty- five (25) feet from the building in which the record shop is located. (Code 1960,AsAmend., ~ 875.040) 389.115. Severability. Should any of the sec- tions, paragraphs, sentences, clauses or phrases of this chapter, title or Code of Ordinances be declared unconstitutional or invalid, at the valid judgment or decision of a court of competent 1654.10 OFFENSES-MISCELLANEOUS ~ 389.140 jurisdiction, such unconstitutionality or invalid- ity shall not affect the validity of this chapter in its entirety or any of the remaining sections, paragraphs, sentences, clauses and phrases. (97- Or-063, ~ 13, 7-11-97) 389.120. Penalties. (a) Any person who vio- lates sections 389.60(a), 389.60(c), 389.60(g), 389.65(a), 389.65(c)(4), 389.65(c)(5), or 389.65(c)(7) shall receive either a verbal or written order to cease or abate the noise immediately or within a reasonable time period specified in the order, except that after 10:00 p.m. and until 6:00 a.m. any person designated to enforce this chapter need not issue an order to cease or abate the noise before charging any person with a violation of any of these sections. Provided further that no warn- ing shall be required for any violation of 389.60(a), 389.60(c), or 389.60(g) when the activity, sound, or operation producing the sound is primarily created by heaters, air conditioners, fans, machin- ery, equipment, implements, manufacturing pro- cesses, construction processes, demolition pro- cesses or primarily created as the result ofimpact(s) or explosion(s). (b) If an order to cease or abate the noise is required by subparagraph (a) and not complied with, or is complied with and then violated again within one hundred eighty (180) days of receipt of the verbal or written order to cease or abate the noise required by subparagraph (a), the person or persons responsible for the subject noise may be charged with violation of an appropriate section of this chapter with penalties as provided by section 1.30(a) of this code, except as otherwise specifically provided in this chapter. In all other cases, any violation of this chapter may be imme- diately charged in the manner provided by law and without any prior order to cease or abate the noise. Each day a violation of this chapter is committed or permitted to continue shall consti- tute a separate offense and may be punished separately. (97-0r-063, ~ 14,7-11-97; 97-0r-067, ~ 3, 7-25-97; 98-0r-099, ~ 5, 10-2-98) 389.125. Violations deemed nuisances. Vi- olations of this chapter are deemed a public nuisance. Ai; an additional remedy, the city attor- Supp. No. 16 ney may, in a court of competent jurisdiction, seek appropriate equitable reliefin enforcing this chap- ter including, but not limited to: (1) Declaratory relief pursuant to Minnesota Statutes Chapter 555 or other law; and/or (2) Injunctive relief on either an interim or permanent basis. (97-0r-063, ~ 15, 7-11- 97) 389.130. Waiver of ordinance as applied. Any person who claims that the application or threatened application of this chapter or any section of this code regulating the generation of noise to such person violates their right to free- dom of speech, freedom of assembly, equal protec- tion, or to the free exercise of their religion as secured by the Minnesota Constitution or United States Constitution, should promptly apply to the director of inspections for a waiver. Application shall be made to the director on a form provided by the director. The matter shall then be heard by the director of inspections or the director's desig- nee or referred to a hearing officer(s) as the director may determine. After hearing the matter or receiving the report of the hearing officer(s), the director or the director's designee shall grant such waiver to the extent necessary to eliminate the violation if the director or director's designee determines based on the reliable evidence submit- ted or on the report of the reliable evidence presented that application of the ordinance in' such case would violate the applicant's right to freedom of speech, freedom of assembly, equal protection, or to the free exercise ofthe applicant's religion as secured by the Minnesota Constitution or United States Constitution, section 389.60(g) or (h) of this chapter, or section 389.65 (b)(13) of this chapter. (97-0r-063, 916,7-11-97; 97-0r-067, ~ 4, 7-25-97) ARTICLE II. VEHICULAR NOISE CONTROL* 389.140. Purpose and scope. It is the pur- pose of these regulations to state the maximum sound levels that vehicles shall be allowed to emit when used on trafficways of the city. These regu- "Cross references--Broadcasting vehicles, Ch. 275; pro- visions of traffic code relative to quiet zones, ~ 474.120. 1654.11 ~ 389.140 MINNEAPOLIS CODE lations are intended to limit such maximum sound levels to those consistent with the physical, men- tal and social well-being of the people. (Code 1960, As Amend., ~ 948.060) 389.150. Applicability. (a) These regulations shall apply to all vehicles wherever operated on the trafficways of the city. (b) Tbese regulations shall apply to sounds of any time duration. (c) For the purpose of these regulations, those persons who are the vehicle owner(s) or opera- tor(s) may be held responsible separately or jointly for a violation. (Code 1960, As Amend., ~ 948.060) Supp. No. 16 1654.12 04/09/03 WED 09:33 .;- FAXe ~~O~\ ~ CIRCLE PINES-LEX PD ~~~ CV CITY H.~L ~V1es. NOf8€.: . - ~012 , ~ SEC'l'ION 725 GAUGE :a~GE SALE UGULA!I'IONS 725.01 Def'in:i.t.ions Garage or Ru,,"ilmage Sales. Any display and ~ale of personal proper~y conducted on residential premises by the occupant. Estate sales conducted at a decede~t's residence are not included. in the de~inition of garage or.r~~age sales. 725.02 R85~ic~ions. a.. None of obtained for sale. the items re:;!ale or offered for recei ved on sale have cons i. g'1"'-men t been for b. ~~y garage Or rummage sale shall be conducted . solely within the boundaries of the tlroperty owned or occupied by the occupant ~ho is conducting the sale. c. There shall be no more than four garage Or rl.unmage eale! conducted at any o~e residence. during any period of twelve calendar It'tonths, d. No garage or rummage sale shall be conducted during any part of more than three consecutive days. e ,. No garage or rummage sale may be conduc'Ced before 8:00 a.m. or af~er 10:00 p.m. 7.25.03 Relationship to Zoni1'l.i Code. In the event of any conflict between this' Section and Chapter 13 reg'~rding the ~ubject of garage or rummage sales, the provisions of this. Section shall govern. 725.04 Penalty. Any person violating any prevision of this section shall be guilty of a misdemeanor. SECTION 730 NOISE 730.01 Noises ProhLbited. Subd. 1 General Prohibition. No person sha:l make or cause to be made any distinctly and loudly audible noise that unreasonably annoys, disturbs, inj ure's, or Chapter 7 'Ii - , 04/09/03 WED 09: 34 FAX 612 734 0082 CIRCLE PINES-LEX PD ~~~ CV CITY HALL III 013 0" , endangers the comfort, repose ,health, peace, sa.fety and welfare of any person or precludes their enjoyment' of property or affects their property's value. This general prohibition is not limited by the 5pecific rest!:'iction of the follcwing SUbdivis~ons. Subd. 2 Horns, Audible SiQnaling Devices. No person shall sound any audible 'si9naling device ot!. any vehicle exoept as a warning of danger. This Subdivision and Subdi vision 8 of thi'!;, section 71. 0.01 .shall net', apply to vehicles dri van through residentia.l districts from which ice cream or other treats are sold. Subd. 3 Exhaust No person shall discharge the exhs.ust or peno.it the discharge of the ekhaust of any steam engine, stationary internal combustion engine, motor boat, moto;:;, vehicl~/ or snowmobile except through a muffler or other device that effectively prevent~ loud or explosive noises therefrom and complies with all applicable state law5 and regulations. Subd. 4 Defective Vehicles or Loads. No person shall'use any vehicle 50 out of repair or so loaded as to create loud and unnecessary grating, grinding, rattling or other noise. Subd. 5 Loadinq, unloadinq~ Unpacking. No person shall create loud and excessive noise in loading, unloading or unp~cking any vehicle. Subd. 6 Radios, Phonographs, iaging Systems. ~o person shall use or operate or permit the use or. operati0n of a.ny radio receiving set r musical instrument~ pnonograpn, paging system, mach.ine or other. device for the prOduction or reproduction of sound in such a manner as to unreasonably disturb the peace,' quiet and coIt':fort of any person nearby. Operation. of any such ~et, inst::-urnent, phonograph, system, ,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 at the property 'line of the structure or building in which it is locate~, in the hallway or apartment adj ac::ent, or at' a distance of 50 t'eet froI'!l the source if the source is located outside, a structure or building, shall be prima facie evidence of a violation of this Seotion. Subd. 7 Participation in Noisy Parties or Chapter 7 25 04/09/03 WED 09:35 FAX 612 i84 0082 CIRCLE PINES-LEX PD """".. CV CITY HALL III 014 Gatherings.' No J;~erson shall participate in any party or other gathering of people g~vlng rise to noise which unreasonably disturbs the peace, quiet or repcse of another person. Whe,n a polica officer determines that a' gathering is creati~g such a noise disturbance, the officer may order all persons present, other than any owner or tenant of the premises where the disturbance is occurr1ng, to disperse i~~ediately. No person sha~l refuse to. leave after being ordered by a pc:,lics officer to do SO'. Every owner or tenant of such premises who has knowledge of the di!t~rbance shall make every reasonable effort to see that the dist~rbance 15 stopped. Subd. 8 ~ Loudspeakers, Amplifiers for Advertising. No person. shall operate or perIni t the use or operation. of any loudspeaker, sound amplifier or other device for the production or reproduct:ion of sound on a street or other public place f~lr the purpose of corr.mercial advertisement or attracting the. attention of the public to any. cornrr,ercial e~tablishment or vehicle. Subd. 9 Schools, Churches, Hospitals, Etc. person shall create any excessi va noise on a street, alley or public grour.ds adjacent to any school, institution of learning, church, hospital or senior housing facility when the noise unreisonably interferes with the working of the institution or dist:urbs or unduly annoys i.ts occupants or +e~idents. 730.02 SQu:ly aestrie:ions on Ce~taL~ Operations. .Subd. 1 Recrea~ional Vehicles. ~o person shall, between the. hours of 10: 00 P .!n. and 7: 00 a.m., dri "\"e or operate any recreational motor vehicle, as defined in Minnesota Statutes ~84.90, or any successor provisions,. which are not licensed for travel ,on public highways. This provi~ion shall not apply to snowmobiles, which .sre separately regulated by the City. Subd. 2 Domestic PO\'ler Equipment. No person shall operate a power lawn mower, pOl-ler hedc;e clipper, chain saw, mulcher, garden tiller, edger" drill or other similar domestic po~er maintenance equipment except between the ~our5 of 9:00 a.m. and 9:00 p.m. on any weekend or h6~iday. Equipment being used to remove sno\v is exempt from this provision. Chapter 7 26 04/09/03 WED 09:35 FAX 612 784 0082 CIRCLE PINES-LEX PD ~~~ CV CITY HALL III 015 Subd. 3 Refuse Handlinq~ No person shall collect or remove garbage o~ refuse in any residential district exc~pt between the hours of 6:00 a.m. and lO:OO p.m. on any weekday or between the hour! of 6:~O ~.m. and 9:00 p.m. on any weekend or holiday. Subd. 4 construction Activities. No person shall engage. in or permit construction activities . involving the use.ot any kind of electric, diesel or gas-powered machine or other power equipment except between the hours Of 7: 00 a.~. and 10:00 p.m. on any ~eekday or between the hours of 9:00 a.m. and 9~OO p.m. on any weekend or holiday. 730.03 EXCep~QDs. Subd. 1 Emergency Work. Noise created exclusively in the performance of emergency work to pre5erve the public health, safety or welfare, or in the perform~nce of emergency work necessary t.o restore a public service or elitninate a public hazard shall be exempt from tha provi.$ions of this se?tion for a period. not to s:Kceed 24 hours after the.work is co~menced. Persons responsible fOJ: such 'Work shall inform the City of. the, need toiniti!.te such work or I if the work is c01TlIl1.enced during non-business hours of the City, at the beginning of ,business hours of the first business day thereafter. Any person responsible for such eme;l:'gency work shal,l take all reasonable actions. to minimize. the amount of noise. Subd. 2 ~rades. Parades permitted by proper authcritie.! which 'are cond'Jcted within the limits of their permits are exempt from this section. 730.04 Enforcement. Subd. 1 En:Eorcement Duties. The police department shall enforce 'r:he provisions of this Section. The police department or its members may inspec~ private premises other than private residences and shall make all reasonable effort~ to prevent violations of this Section. Subd. 2 Civil Rernedie~. This section may be enforced by injunction, action for abatement or other appropriate civil remedy. Subd.. 3 NI~ise Impact Statements. The Council may Chapter 7 27 04/09/03 WED 09:36 FAX 612 784 0082 CIRCLE PINES-LEX PD ~~~ CV CITt- HALL III 016 of' " . "" require any person applying for a change in zoning classificationj a variance or e' permit or license far any ~truct~re, operation, procesSr installation Or form prescribed by the Council. The Co~~ci~ shall evaluate each such statement and take its ev~luation into account in approving, er disapproving the license or per.m1t applied for or the zoning change requested. Subd. 4 Criminal Penalties. ,Every person who violates any provision of this section is guilty of a misdemeanor. Each act of violation andeacl1. day of ..,iolaticn occurs or continue~ constitutes a separate offense. Chapter 7 28 04/09/03 WED OB: 33 FAX 612 784 0082 ICR for Case 01272031 CIRCLE PINES-L&1 PD ""-+.. CV CITY HALL !l]Oll Page 1 of 1 CIRCLE PINES/LEXINGTON POLICE OEPARTMENT I JCFj I CASE NUMBER 200 CMC HEIGHTS CIR, CIRClE PINES, MN ~5449 I ACD'L PAGES! 101272031 CLASSIFICATION COOE CISP CLASSIFICATION CooE DlSP NEIGHBORHOOD DISPUTE 09806 S CLASSIFICATION CODe Olep CLASSIFrt;AT:ON CODE CISP DISTURBING PEACE-GM-STAl.KING- N2310 A cv.SSI~CATION CODE OISP CLASSIFICATION CODE CISP REPORTING OFRCEFl(S) 141328 BEKNARDY, DALE N DAlE REPORTED IASSIGNED Y'RRlVED ICLEARED IEARLIESTOATElTIM' OCCURREO ILAieST DATEmME occuRRED 12/19/2001 2122 2123 2134 12/19/2001912:00 PM 12/19/2001 9:22:00 PM LCCA110N OF OffiNSE/iNCtOENT I APT tt I ~RJE' I VALUE STOJ.eN T'$LU! DAMAGEtl Tswe RECOVERED 7097 CENTERVILLE: RD, CENTERVILLE, MN 55038. BACK 06 $ A/J rEPORTING PARiY'S NAME I DATE OF BIRTH IS~ I RACE HOM!; PHONE ADDRESS I APT CIlY ISTATE IZlP WORK PHONe NARRATIVE RESPONDED FOR THE 3RD TIME ON A NEIGHBO~ BANGING ON THE DOOR. I RESPONDED WITHIN ONE MINUTE. COMP WANTED SMITH JAILED FOR HARASSMENT AND THREA T$. I ADVISED COMP THAT NOTHING H.lID BEEN WITNESSED BY A POLICE OFFICER - ALSO EXPLAINED A80UT.A. RESTRAINING ORDER. ALL INVOLVED WERE GIVEN VOLUNTARY STATEMENTS TO FILL OUT, FORMAL COMPLAINT REQUEST .' JENNIFER LYNN SMITH WIF 5128/1971 AlJIU I CODE I NAME I~OB I;ex ~Cc I HGT WGT I HAI~ EVES A C APRIl. MAE JERECZEK 4/10/1979 AODRESS APT ;J 71TY I STf>.TE I ZIP 7097 CENTERVlLLE RD BAC Cf;NTERVILLE MN 55038- ALIAS I HOlliS / BUS PHONE I ~~RK J 2ND BUS FHONE Celli PAGI!R : F~ 651-762-3602 - - AlJIU I. oODe I NAME I~OB I;EX ~CE' HGT WGT I/oIAlR EYES A A JENNII=ER LYNN SMITH 6/28/1971 ADDRESS APT :~C1iY I STATE IllP 7097 CENTERVILLE RD UPPE CENTERVILLE MN 55038- AliAS I H_~1E / BUS PHON!; I ~~RK J 2ND BUS PHONE CELLI PAGER J rAX NJIU I CODE I NAME I OOB I s<=..x ~I HGT WI3'l' I HAIR EyeS A !VI VICTORIA JEAN RICHAR~S 7{1711956 F AOCRESS tAPT ~JCITY I STATE; IZIF 7097 CENTERVILLE RD LOWE CENTERIJILLE MN 55038- AUAS THOME / BUS PHONE l~~RK/2NDBUSPHONE CEU./ f>AGeF<1 FAX VICKY 551-752-4786 AlJIU I COOE rAME I DOS I ;ex ~CI!I HGT WGT I HAIR =VES A M MARY FRANCIS JERECZEK 4/1/1961 ADDRESS APT CITY I STATE IZIP 715 TANGLEWOOD RD SHOREVIEW MN 55126- AUAS I HOME/BUS PHONE I ~~RK J 2ND BUS PHONE Ceu./ P!\GEA J FAX 651-484-9510 .. i:NTRY 1 I EN1RY 2 I ENTRY 3 I ENTRY4 IllUP~IJ'SOR I COpy TO I ~EI.A 71;0 CASE NUMBERS: 01-271983,272008,272025 http://156.142.213.169Jicr.asp?Casc_NuIIJber=01272031 &Jurisdic tion=MN00203 00 4/9/2003 04/09/03 WED 09:32 FAX 612 784 0082 ICR for Case 01272008 /JJJfJ CODE NAME M JENNIFER LYNN SMITI-I ADDRESS 7097 CENTERVILLE RD AL~S /JJJIU CODe NAME ADDRESS ALIAS AlJIU CODE NAr.lE ADDRESS AJ.IAS A/JIU CODE NMlE ADDRESS AlIAS ENmY 1 CIRCLE PINES-LEX PD ~-+... CV CITY HALL III 010 Page 2 of2 IJYORK /2ND BUS PHON! http://156, 142,213.169/kt.asp?Case_Number-=O l272008&Jurisdicllon=MN0020300 4/9/2003 04/09/03 WED 09:31 FAX 612 184 0082 ICR for Case 01272008 CIRCLE PINES/LEXINGTON POLICE DEPARTMENT 20[) CIVIC HEIGHTS CIR. CIRCLE PINES. MN 55449 CLASSIFICATION C'ODE NEIGHBORHOOD DISPUTE 09806 CLASSIFICATION CODE CLASSIFICATION CIRCLE PINES-LEX PD ~~~ CV CITY a~L flI 009 Page 1 of2 1 JCfJ ICASE NUMSER I ADO'L PAGESf 101272008 OISP Cl.,ASSIFCATlON CODE OISP S OlSP I CI.Al3slFlCAilOfll CODE DISP DISP CLASSIFICATlON CODE DISP CODE REPORTING OFFlCER(8) 14828 BERNARDY DALE N DATE REPORTED 1 ASSIGNED 1 ARfWED 1 C~ I EARLiEST DATEJTlME occu~~ I LATEST DA TEtTiME 0CCUIft0 12.119/2001 12057 12058 12102 112/19/20018:57;00 PM 112/19120018:57:00 PM LOCATION OF OFFENSElINClDJ:NT IAPT/iI IGRID I VALUE SroLEN 1 VALUE DAMAGED I VALUE ReCOVERED 7097 CENTERVILLE RD, CENTERVII.I.E, MN 55038. SACK 00 $ I $ I $ NJ 1 REPORTING PART't'S IolAME I DATE OF BIRTH ISEX I iV,ce HOME PHONE I APRIL MAE JERECEZK 14118/1979 F W 651.162-3602 ADCFlESS IAPgT CllY ISTATE IZlP wORK PHONE 7095 CENTERVILLE RD I CENTERVILlE 1 MN I 55038- - - NARRATIVE On 12/19/011 was called 10 the above address for a neighbor banging on the callers door. This incident appeared to be related to ICR 012719B3. I was condUcting routine residential patrol on Meadow Court when the call was t;llspatched and I responded as quickly as possible in an atlempt to catch the person knocking on the door, I arrfved and noted the juvenBe male who lives in the lower apartment standing at the callens door. I didn't iD the juvenile mae but I know wnere he lives from past contact. The juvenile edvised that he was knooting on Aprirs door. The juvenile advised me that A.prilleft her laundry in both machines and he wanted to do his laundry, The Juvenile advised that clothIng often gets stolen and he didn't want to be accused of 1aking her property. The Juvenile advised that he couldn't get anyone to answer the door. The juvenile was aware !t1at I was althe residence earlier and he told me that he didn't want to make too much noise because he thought April was already shook up. The juvenile advisad that he didn.t see Smith in the area. I knocked on the door snd couldn't gal anyone to answer the door. I knocked on her door and advised that I was the police, again no one would answer the door. I shined my flashlight into the windows of the apartment and again knocked on the door announcing my self and no one would answer the door. I had to contact dispat<:h to call into the resIdence to have April answer the door, When I epoke with April she advised that Smith was banging on her door again. April advised that this occurred shortly after I left the address. April advised that she thought that Smith was goIng to break down the door. I asked April if she saw Smith at the door. April oovised she refused to leave the upstairs of the apartment. April advised that she didnt want Smith to see her, I advised April that the juvenile from the lower apartment was knocking on the dear. I advl8ed Aprillhat it appeared she left her laundry In the mschlnes and the male was going to advise her so she would move the laundry. I advised April that the juvenile knocked on the door for S&Veril minutes and was stili there when I arrived. The juvenile apologized to April and told her that he didn't mean to get her up~et and was attempting to knock as quietly as possible to get her attention. April then advised that Smith also called her after I left and swore at her for calling the police. April also advised that Smith had threatened to kill her over the phone for calling the police. April advise<l that no method or specifiC intent to carry out the threat was made to her. . The juvenile malt requested that April remove her clothing from the laundry machines and she refused. ~.prtl advised that she wasn't going to leave her apartment stating that Smith "mlgtl1 be out there./I April gave the jtlvenne permission to remove her clothing. I advised April that from the time frame involVed it appeared that Smith wasn't knocldng on her door. April stated that she understood. The juvenile male advised mat he wasn't knocking on the door hard and he apPMred to be surprised that i received a complaint from April. I cleared lhe call since it appeared that April was upset over the juve!1lle knocking on her door. No contact wes made with Smith since AprB was accusing her of knocking on the door when It appears that she wasn't. No investigation to follow. Scene cleared. D.8ernardy#111 CLPD htt'p:f/156.142213 . 169/icr.asp ?CaseJ':rumber=01272008&Jurisdiction,=:MN0020300 4/9/2003 04/09/03 WED 09:31 FAX 612 754 0082 ICR for Case 01271983 CIRCLE PINES-LEX PD -+'H CV CITY HALL ill 008 Page 2 of2 CLPD 5NTRY 1 AlJ/U CODE NAME M VICTOR.LA. JEAN RICHARDS ADCRESS 7091 CENTERVILLE: RD VICKY AlJIU CODE NAME A M JENNIFER LYNN SMITI; ADOAESS 7097 CENTERVILLE RD ALIAS IolJIU cooe NAME AOtlReSS ALIAS ADDRESS AUAS http://l56.142.213 . 1 69/icr.asp?Case _Number=01271983&Jurisdiction=MN0020300 4/912003 04/09/03 WED 09:36 FAX 612 184 0082 CIRCLE PINES-LEX PD Le:fC'fj1ofl No~fJ ~~~ CV CITY a~L III 017 ,- . ~. ...! SECTION 11.60. &ERFORHANCE STANI'.lAlmS. Subd.. 1. Intent. These performance stand.ards are aesign~d such to encourage a high standard of d.velopment by provi~ins aSS~L~ce that neighbor1ng land. ua.~ will be compatibl$. ,These standards are Cl30 acdgneCi to eliminate bligh t . Al~ future developman t in all' dis tri6ts $h.aJ.l be required to meet these 5tmnCUc.s. 'I'hese'standa;E:'ds shall also apply to ex~st1ng de~elopment$ ~here stated. SuOd. 2. Glare. Any lighting use~ to illuminate an off-street parking area, $isn or other structure, shall be, arranged se .5 to deflect light awi;l,Y from adjoining residential ~~strict$ or from publ~c S~r6Qts. Sued. :3. storag~ and Pi.c:poS::u of ChercI:i.ca1.s. All commercial and industrial ~ses associated with the bulk storage of oil, gasoline, liquid fertilizer or other b.a~araous materials shall require a conditional use permit' and compliance with all State and local 11fe safety agency regulations in order that the Counoil may have assurance that fire, explosion, or water. or soil oQntanu.nat1on hazards are not: oresent tha.t: 'woula be detrimental to the public health, s.af,ety . and wlelfaJ;e. All disposal operations shall be in complianoe with appro~riat. State, County, and ~ederal re9ulatio~s. Subd. .1. Nu:i.sances. No noise, odors, vib:ration, smoke, air pollution, liqu:i~ or solid wastes. heat,glare, d\tet, or other adverse influence$! $ha.llbe pei:'l'tlH:tad that will in any way have an objectionable effect upon. adjacent or nearby propert:r. A. No~se. It is unlawful to make, continua or cause to be made or continued. any 'noiSe in excess of the noise levels set forth unless $~ch nOise be reasonably necessary to th~ preservation of life, health; safety, or property. 1. Measurement of No1.se. Any activity which cre4tes or prQQuces sound regcrdless of frc~eney excn~ing tp.e ambient noi.e levels at the property. line of any property by more thon dx decibel$ abo~e the ambier. t noise levels as designated ~n the fQllow~g table, shall be a violation. -206- 04/09/03 WED 09:37 ~~ 612 784 0082 CIRCLE PlNES7~ PD ~~~ CV CITY HALL ~018 " . . -~.~" " ..... 2. 1iPt9 LEVEL TABLE Less th.an~ 10 mine. Less 1:han- 2 hQu:E:"$. RESIDENTIAL COMMERCIAL, DAY NI~HT DAY NIGHT 7:00 a.1'I'\.-, 9:00 p.m. 7;00 B.m.- 9:00 p.rn.- 9;00 p.m. 7~OO ~..m. 9;00 a.m. 7.00 a.m. 7Sd'b 60db 7Sac 70ao 7Mb SOdb ?oao SOdb SOab 40db 60db 50db 'Duration of SoUnd More th.an- 2 hours. The ~im.ih of t:he most re$trietive aiSt:riet shall apply. at. the bouncS.a.~ies between different land use ce.tegories. The determination of lane. use shall be by its zone~ designation. 3. SoundS $tnanating f;com the opera.tion of motor vehicles on publi~ highways; aircraft, outdoor implements, such, as power laW";1l:l'lowers. snowblowers, power hedge clipper~, and powe~ saws, p1l~ drivers or jackhammers and oth.~ con!iltruc:t1on equ:1.pment. are ex~mpt from the sOlJm'1 level bed: not: time rai?trict::ion prov.:!.siot).s' of th~!!l Subparagraph. Sounds emanA ting from lawful: and prope.r ac'l:iviU.es at senool g%:ol.\n<1$, p~aygro\'\nd.5, parks or places where athletic . contests taka pli:!.c~. are exempt from the provisions. of t:hi.~ Su.bparagraph. ,. fit. Em.i.ssion of smo~- It is. unlawful for any . pe.:=son owning I or i'n charge: of,. ~roperat.in9' any :fuel l;:lurning, refuse 1:Jurn.1ng, comb1.1..tant. at: process equipment.. process device, portabl~, boiler, stacKs. vents on' premises, to Ca~$Eio, suffe:r, or al~Q"'" am.issian or clischarge of ,smo~e from' any 5ingl~' such source into the atmosphere, t~e appea:canee, density, or ,sha.de of! which is darker than numbel:' one and. one-half of th.e R.ingleman Ch.art. .....1.1 c. Emission 01; Particulate Mat"te~. It is utilawful foJ;' l!r..y person to' cause or allow the errtission of . . pe.rtieulate matter -fl;'om any process / inolud.ing any material han~l1ng or storage activity. that is visible beyond the property line of the amission Iii.ourere.- -P. discharge across 'located-.. tc;lxic, concentrations as . Tone and Noxious Matte:'. No use shall the boundaries of the: lot ~'1here .i ': is odorous or noxious il1atter i.nsuch to be detrimental to or enda~ger tnepublic -207- >"-""'" -_.;;,:}..~-utervi[[e -"<:.": ,;:- ,--,_.. '::~~:'_~~-.:>;;~2!:,,$:-';.~ . - .:f ~_'- . -,,;,.0 'LstaG{Zshcd 18) / STAFF REPORT DATE: June 11,2003 TO: Honorable Mayor and Councilmembers Kim Moore-Sykes, City Administrator {//1Jl:J FROM: RE: Adopting the Minnesota Building Code, Ordinance #76 .......................................................................... Attached is a copy of the proposed Ordinance #76, whereby the City is required to adopt various changes that were made by the State of Minnesota, including a fee schedule. As you know, the Council adopts a fee schedule resolution annually in January as a housekeeping item and that fee schedule does include building permit fees. The proposed ordinance references the building permit fees as stated in the City's Fee Schedule resolution and the City Attorney has advised that this is acceptable. The adoption of Ordinance #76 is basically required by the State and comes to Council for administrative action. A public hearing was also held at Planning and Zoning and was approved for recommendation for approval to Council. STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE ORDINANCE #76 AN ORDINANCE ADOPTING THE MINNESOTA STATE BUILDING CODE, THIS ORDINANCE: PROVIDES FOR THE APPLICATION, ADMINISTRATION, AND ENFORCEMENT OF THE MINNESOTA STATE BUILDING CODE BY REGULATING THE ERECTION, CONSTRUCTION, ENLARGEMENT, AL TERATION, REPAIR, MOVING, REMOVAL, DEMOLITION, CONVERSION, OCCUPANCY, EQillPMENT, USE, HEIGHT, AREA, AND MAINTENANCE OF ALL BUILDINGS AND/OR STRUCTURES IN THIS MUNICIPALITY; PROVIDES FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREOF; PROVIDES PENALTIES FOR VIOLATION THEREOF; REPEALS ALL ORDINANCES, (#4-D) AND PARTS OF ORDINANCES THAT CONFLICT THEREWITH, THIS ORDINANCE SHALL PERPETUALLY INCLUDE THE MOST CURRENT EDITION OF THE MINNESOTA STATE BUILDING CODE WITH THE EXCEPTION OF THE OPTIONAL APPENDIX CHAPTERS, OPTIONAL APPENDIX CHAPTERS SHALL NOT APPLY UNLESS SPECIFICALLY ADOPTED. The City Council of the City of Centerville, Minnesota, does ordain; SECTION 1. CODES ADOPTED BY REFERENCE. The Minnesota State Building Code, as adopted by the Commissioner of Administration pursuant to Minnesota Statutes Chapter 16B.59 to 16B.75, including all of the amendments, rules and regulations established, adopted and published from time to time by the Minnesota Commissioner of Administration, through the Building Codes and Standards Division is hereby adopted by reference with the exception of the optional chapters, unless specifically adopted in this ordinance. The Minnesota State Building Code is hereby incorporated in this ordinance as if fully set out herein. SECTION 2. APPLICATION, ADMINISTRATION AND ENFORCEMENT. The application, administration, and enforcement of the code shall be in accordance with the Minnesota State Building Code. The code shall be enforced within the extraterritorial limits permitted by Minnesota Statutes, 16B.62, Subdivision 1, when so established by this ordinance. This code shall be enforced by the Minnesota Certified Building Official designated by the City ofCenterville to administer the code (Minnesota Statute 16B.65), Subdivision 1. SECTION 3. PERMITS AND FEES. The issuance of permits and the collection of fees shall be as authorized in Minnesota Statutes, 16B.62, Subdivision 1. Permit fees shall be assessed for work governed by this code in accordance with the Schedule Resolution adopted by the City of Centerville on an annual basis. In addition, a surcharge fee shall be collected on all permits issued for work governed by this code in accordance with Minnesota Statute 16B.70. SECTION 4. VIOLATIONS AND PENALTIES. A violation of the code is a misdemeanor (Minnesota Statutes 16B.69) and Minnesota Rules, Chapter 1300. SECTION 5. BUILDING CODE OPTIONAL CHAPTERS. The Minnesota State Building Code, established pursuant to Minnesota Statutes 16B.59 to 16B. 75 is hereby adopted as the building code for the City of Centerville. The code is hereby incorporated in this ordinance as if fully set out herein. a. The Minnesota State Building Code includes the following chapters of Minnesota Rules: 1. Chapter 1300, Administration of the Minnesota State Building Code; 2. Chapter 1301, Building Official Certification; 3. Chapter 1302, State Building Code Construction Approvals; 4. Chapter 1303, Minnesota Provisions; 5. Chapter 1305, Adoption of the 200 International Building Code 6. Chapter 1306, Special Fire Protection Systems; 7. Chapter 1307, Elevators and Related Devices; 8. Chapter 1309, Adoption of the 2000 International Residential Guide; 9. Chapter 1311, Adoption of the 2002 Guidelines for the Rehabilitation of Existing Buildings; 10. Chapter 1315, Adoption of the 2002 National Electrical Code; 11. Chapter 1325, Solar Energy Systems; 12. Chapter 1330, Fallout Shelters; 13. Chapter 1335, Floodproofing Regulations; 14. Chapter 1341, Minnesota Accessibility Code; 15. Chapter 1346, Adoption of the Minnesota State Mechanical Code; 16. Chapter 1350, Manufactured Homes; 17. Chapter 1360, Prefabricated Structures; 18. Chapter 1361, Industria1izedIModular Buildings; 19. Chapter 1370, Storm Shelters (Manufactured Home Parks); 20. Chapter 4715, Minnesota Plumbing Code; 21. Chapters 7670, 7672, 7674 and 7678, Minnesota Energy Code The following optional provisions identified in the most current edition of the State Building Code are hereby adopted and incorporated as part of the building code for the City of Centerville, Minnesota State Statute 1306, 1306.0020 Subpart 2, and 1306.0030 Item E, Option # 1. Adopted by the Centerville City Council this , day of June, 2003. Mayor, Terry Sweeney City Clerk, Teresa Bender Published in the Quad Community Press on ,,~~r.1ite r'vi[[e .;-- /.>~;i7 , ' - -- f_. - ''-_ ".", LstabLlSned 1&)/ ST AFF REpORT DATE: June 11,2003 TO: Honorable Mayor Councilmembers Kim Moore-Sykes, City Administrator ~ FROM: RE: Modifications to the Fee Schedule ......................................................................... Staff is requesting that City Council consider adopting and incorporating the following modifications to the 2003 Fee Schedule, Resolution #0-034. 1.) The City Clerk researched the special assessments for Brian Drive and Mill Road and was able to find payments for some residences on Brian Drive. This modification reflects the correct outstanding assessments and will be tracked and revised again in January 2004. 2.) Site Plan review applic tion an review are required by Ordinance #4, Division 70. As part of the review proce , th site plan is reviewed by the Public Works Director, the City Administrator, the City ~ mey and the City Engineer, yet no fee is charged. Staff is recommending that an a i' trative fee of $75 is assessed for each site plan review to offset some of the Ci ' s cost 3.) Staff is also recommending that the Comprehensive Plan Amendment fee be placed in the Fee Schedule. Currently, this fee is assessed once the process is started and since it is not in the Fee Schedule that is adopted by City Council, it appears that this is an arbitrary fee being assessed by Staff '~Mvf ~~ ~j,~ ~ ~ tZd ~c:r/~ ~ pt 6~ t:1~~""-f-- C)( . I~ ~. ervi{{e 1880 '7vfain Street . Centerviffe, '7vf!ll[ 55038 (651) 429-3232 .:Fa;c (651) 429-8629 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE RESOLUTION #03-034 FEE SCHEDULE FOR 2003 This Resolution repeals Resolution #03-002 previously adopted on February 12, 2003 & Resolution #03-015 adopted on March 12,2003. THE CITY OF CENTERVILLE RESOLVES: Section 1. The following fees for indicated sales, permits and licenses are approved: TITLE FEE Adult Establishment License................................................... $250.00 Animal At Large Release Fee 1 st Violation................................................................... $25.00 2nd Violation.......... ........... ...................................... ...... $50.00 3rd Violation ......... .............. ..... ...... ........;.. ...... .............. $75.00 Animal License (Dog, Cat, Ferret) Male or Female.... ........................... ............ .............. ..... $17.00 Neutered or Spayed....................................................... $ 8.50 Kennel License.............................................................. $27.00 Administratively Pro-Rated Antenna Permit Application Fee............. .............................. $1,575.00 Assessment Search..... ..... .... .... ... ........... ....... .... .... .......... ..... ...... $21.00 Bingo Permit........... .................................................................. $16.00 Building Permits.............. ............................... ....... See Exhibit "iV' Charitable Gambling: Investigative Fee............................................................ $53.00 Permit Fee..................................................................... $21.00 Cigarette License ...................................................................... $80.00 Comprehensive Plan Amendment......................................... $3, 150.00 Commercial Rubbish Collection License Fee.......................... $260.00 (Exclusive to Commercial and Industrial Businesses) Council Chamber Rental....................................................Group 1 - No Charge ... ... ........ ... ..... ...... ................... ........ ....... ......... ......... .......... Group 2 - Voluntary $11.00 ........... ................. .... ... ............................. ........ ...... ..... ....... Group 3 - $26.00 per hour Damage Deposit...................................................................... $210.00 Dance Permit ................ ............... ...... ........... ........ ... ......... ...... $105.00 Electrical Permit Fees............................................. See Exhibit "F" Filing Fees............. .......... ....................... ..... ..... ....... ............. ..... .$2.00 Fill Permit .............. .......... ..... ........... ...... ................ See Exhibit "B" Final Grading and Landscaping/Sod Escrow........................ $1,500.00 Grading Permits ......... .... .......................... .............. See Exhibit "B" Liquor Licenses: 3.2 Beer Permit - Special Events ...................................$35.00 plus $5.00 for each add'l day Off-Sale Liquor........................................................... $100.00 Off-Sale Non-Intoxication Liquor.. ......................... ... .... $20.00 On-Sale Liquor........................................... See Exhibit "C" On-Sale 3.2 Liquor ..... ...... ....... ...................... .............. $250.00 Sunday Liquor License ...... ............... ...................... ..... $200.00 Wine License..... ........................... ... ........................ .... $300.00 Lot Split ...... ..... .... ............ ...... ........... ........... ........... ......... ....... $185.00 plus legal fees Maps and Charts (24" x 36").................................. ................... $11.00 Mileage Reimbursement.. ....... ............. ...... ...... ...... ................ ...... $.36 Park Dedication Fees - per dwelling unit Land Dedication ....................................................... $3,000.00 or 10% of Fair Market Value of all property located in the proposed development, $3,000 (whichever is greater) or 10% of developable land Park Ball Field Use - Per Toumament.....................................$21O.00 Park Facility Usage Fees............... .............. ......... ..See Exhibit "H' Permit Surcharge............... ................. ...... ..... ........ .See Exhibit "D" Photo Copies ... .... ...... ................................. ....... ............ ................$.26 per page (one sided) Plumbing Permits ...... ..................... ..... ............... .... See Exhibit "E" Preliminary Plat Fee - Filing................................................... $2601Lot or Unit PUD Application Fee.............. ... ........ ................ ........ .., .... ...... $525.00 Rental Certification ...................................................................$50.00 for 1st unit/$10.00 per unit thereafter Penalty: $50.00 per day of Non-compliance Research Charge.... ..... ............ .... ... ...... ............. ...... ... ............... $32.00 half hour minimum . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . .. . .. .. . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . .. . . . . .. . . . . . . . . . . . . . .. . . . . $53.00 for each hour thereafter Rezoning Requests....................................... ........................... $260.00 plus additional expenses Residential Equivalent Unit.... ............................ ............ ...... $2,000.00 Right-of-Way Usage Fees ....................................... See Exhibit "r' Sauna( s) or Massage Parlor( s) License (Investigation Fee) ...... $250.00 Massage Therapist Certification/License ..............................$75.00 (New) Renewal! Annual. ... ....................... ........... ...... ... ... ..... ...... $50.00 Sewer Availability Charge (SAC) ........................................$1,275.00 Sewer Utility Billing (Quarterly)............................................... $49.00 per unit/I 0% late fee Senior Discount........................................................................ $46.00 per unit/I 0% late fee Site Plan Review Application.. ........................... ....................... $75.00 Special Use Permit...... ............................................:............... $185.00 plus legal & engineering fees Storm Water Area Charge (Developer's Agreement) .01546 per square foot Residential.............................................................................. $2001Unit CommerciallIndustrial.................................................................. .$.05 per square foot of building, Parking or impervious surfaces Storm Water Management Fee (quarterly) ..................................$5.00 Tattoo, Body Piercing, Permanent Cosmetic Make-Up, Body Branding and Body Painting Establishment License ...............................$250.00 (New) Transient Sales....................................................... See Exhibit "G" Variance Request (Non-Refundable) ......... ............ ..... ........ ..... $185.00 Water Hook Up........... ........ ........ ...... ....... ................. ........... $1,500.00 Water Meter Deposit.............................................. See Exhibit "H" Water Meter/.MIU .............. ................... ........ ............. ............. $290.00 Water Utility Billing .............................................. See Exhibit "H" Section 2. These fees shall become effective on approval by the City Council of the City of Centerville. ADOPTED BY THE CITY COUNCIL OF CENTERVILLE ON . . 2003. Terry Sweeney, Mayor ATTEST: Kim Moore-Sykes, City Administrator EXHIBIT A BUILDING PERMIT FEES TOTAL VALUATION FEE Basement (Finishing) ................................. $75.00 $1.00 TO $500.00...................................... $29.50 $501.00 TO $2,000.00................................ $29.50 $2,001.00 to $25,000.00............................. $86.80 25,001.00 to $50,000.00........................... $489.30 $50,001.00 to $100,000.00......... ......... ..... $804.95 $100,001.00 to $500,000.00...................$1,242.45 $500,001.00 to $1,000,000.00................$4,042.45 $1,000,001.00 and up ............... ............. .$7,010.94 Other Inspections and Fees: 1. Inspections outside of normal business hours (minimum charge - two (2) hours)................................. 2. Reinspection fees assessed under provisions of Section 305.8............... ........ ....... ....................... ........ 3. Inspections for which no fee is specifically indicated....................................................................... . For the first $500.00 plus $3. 82 for each additional $100.00 or fraction thereot: to and including $2,000.00 For the first $2,000.00 plus $17.50 for each additional $1,000.00, or fraction thereot: to and including $25,000.00 For the first $25,000.00 plus $12.63 for each additional $1,000.00 or fraction thereot: to and including $50,000.00 For the first $50,000.00 plus $8.75 for each additional $1,000.00, or fraction thereot: to and including $100,000.00 For the first $100,000.00 plus $7.00 for each additional $1,000.00, or fraction thereof, and including $500,000.00 For the first $500.00 plus $5.94 for each additional $1,000.00, or fraction thereot: to and including $1,000,000.00 For the first $1,000,000.00 plus $4.56 for each additional $1,000.00, or fraction thereof $58.75 per hour $58.75 per hour $58.75 per hour EXHIBIT B GRADING PERMIT FEES GRADING FEES General. Fees shall be assessed in accordance with the provisions of this section or shall be as set forth in the fee schedule adopted by the jurisdiction. Plan Review Fees. When a plan or other data are required to be submitted, a plan review fee shall be paid at the time of submitting plans and specifications for review. Said plan review fee shall be set forth in Table A33-A Separate plan review fees shall apply to retaining walls or major drainage structures as required elsewhere in this code. For excavation and fill on the same site the fee shall be based on the volume of excavation or fill, whichever is greater. Grading Permit Fees. A fee for each grading permit shall be paid to the Building Official as set forth in Table A33-B. Separate permits and fees shall apply to retaining walls or major drainage structures as required elsewhere in this code. There shall be no separate charge for standard terrace drains and similar facilities. TABLE A33-A GRADING PLAN REVIEW FEES 50 cubic yards (38.2 m3) or less.................................................................No Fee 51 to 100 cubic yards (40 m3 to 76.5 m3)................................................... $35.25 101 to 1,000 cubic yards (77.2 m3 to 764.6 m3) ........................................ $55.50 1,001 to 10,000 cubic yards (765.3 m3 to 7645.5 m3) ................................ $73.88 10,001 to 100,000 cubic yards (7646.3 to 7645.5 m3) - $73.88 for the first 10,000 cubic yards (7645.5 m3), plus $36.75 for each additional 10,000 cubic yards (7645.5 m3) or fraction thereof. 100,001 to 200,000 cubic yards (7645.6 m3 to 15,291.1 m3) - $404.63 for the fITst 100,000 cubic yards (7645.5 m3), plus $19.88 for each additional 10,000 cubic yards (7645.5 m3) or fraction thereof. 200,001 cubic yards (15,291.2 m3) or more - $603.38 for the first $200,000 cubic yards (15,291.1 m3), plus $10.88 for each additional 10,000 cubic years (7645.5 m3) or fraction thereof . Other Fees: Additional plan review required by changes, additions or revisions to approved plans (minimum charge - one-half hour)...... ......... ........... .......... ...... ............ ....... $75.75 per hour* *Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include.supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved. EXHIBIT B LANDFILL, GRADING AND EXCAVATING PERMIT FEES (Cont'd) GRADING PERMIT FEES* 50 cubic yards (38.2 m3) or less ................................................................. $35.25 51 to 100 cubic yards (40 m3 to 76.5 m3)................................................... $55.50 101 to 1,000 cubic yards (77.2 m3 to 764.6 m3) - $55.50 for the first 100 cubic yards (76.5 m3), plus $26.25 for each additional 100 cubic yards (76.5 m3) or fraction thereof 1,001 to 10,000 cubic yards (765.3 m3 to 7,645.5 m3) - $291.75 for the first 1,000 cubic yards (764.6 m3), plus $21.75 for each additional 1,000 cubic yards (764.6 m3) or fraction thereof 10,001 to 100,000 cubic yards (7,646.3 m3 to 7,645.5 m3) - $487.50 for the first 10,000 cubic yards (7,645.5 m3), plus $99.00 for each additional 10,000 cubic yards (7,645.5 m3) or fraction thereof 100,001 cubic yards (7,645.6 m3) or more - $1,378.50 for the first 100,000 cubic yards (7,645.5 m3), plus $54.75 for each additional 10,000 cubic yards (7,645.5 m3) or fraction thereof Other Inspections and Fees: 1. Inspections outside of normal business hours.................................. $75.75 per hour (minimum charge - two hours) 2. Reinspection fees assessed under provision of Section 108.8 .......... $75.75 per hour 3. Inspections for which no fee is specifically indicated...................... $75.75 per hour (minimum charge - one-half hour) *The fee for a grading permit authorizing additional work to that under a valid permit shall be the difference between the fee paid for the original permit and the fee shown for the entire project. **Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved. EXHIBIT C ON-SALE LIQUOR LICESE FEES Based on square footage:................................................................ $0.60 per sq ft for interior ..... ............. '" ........... ..... .... .., ...... '" ...... .... ......... ........ ........... ... ........ $0.30 per sq ft for exterior Minimum: .................................. .................................................... $2,500.00 Maximum: " ...................................... ........ ..................... ....... ......... $4,000.00 EXHIBIT D PERMIT SURCHARGE Subdivision 1. Computation. To defray the costs of administering sections 16B.59 to 16B.73, a surcharge in imposed on all permits issued by municipalities in connection with the construction of or addition of alteration to buildings and equipment or appurtenances after June 30, 1971, as follows: If the fee for the permit issued is fixed in amount the surcharge is equivalent to one-half mill (.0005) of the fee or 50 cents, whichever amount is greater. For all other permits, the surcharge is as follows: (1) If the valuation of the structure, addition, or alteration is $1,000,000 or less, the surcharge is equivalent to one-half mill (.0005) of the valuation of the structure, addition, or alteration; (2) If the valuation is greater than $1,000,000 the surcharge is $500 plus two-fifths mill (.0004) of the value between $1,000,000 and $2,000,000; (3) If the valuation is greater than $2,000,000 the surcharge is $900 plus three-tenths mill (.0003) of the value between $2,000,000 and $3,000,000; (4) If the valuation is greater than $3,000,000 the surcharge is $1,200 plus one-fifth mill (.0002) of the value between $3,000,000 and $4,000,000; (5) If the valuation is greater than $4,000,000 the surcharge is $1,400 plus one-tenth mill (.0001) of the value between $4,000,000 and $5,000,000; (6) If the valuation exceeds $5,000,000 the surcharge is $1,500 plus one-twentieth mill (.00005) of the value that exceeds $5,000,000. EXHIBIT E PLUMBING AND BEATING PERMITS 1. Plumbing Permits A The charge shall be five dollars ($5.00) (not to exceed $100) for each plumbing fixture, device or connection to the sewer or plumbing system, with a minimum charge of fifteen dollars ($15.00) B. For any alteration, repair or extension to an existing plumbing system, where the work is of such a nature that the permit fee charge cannot be determined from the above schedule, the permit fee shall be thirty dollars ($30.00) first five-hundred dollars ($500.00) or fraction thereof, plus fifteen dollars ($15.00) for each additional five-hundred dollars ($500.00) or fraction thereof of the. total market value of such alteration, repair or extension. 2. Mechanical Permits The charge for a residential dwelling shall be twenty dollars ($20.00) for the following: . Main Gas Line Piping . Furance . Air conditioner . Boiler . Air Exchanger . Fireplace . Unit heater . Gas Dryer . Gas Stove . General Sheet Metal . Duct Work . Miscellaneous Mechanical Fixtures . Pool Heater A minimum charge of twenty dollars ($20.00) for fireplaces. The charge for commercial, industrial or institutional building shall be: Two percent (2%) of the total cost of labor and materials of the heating, Ventilation and air conditioning work to be completed. Work commenced without first obtaining a permit shall be charged an investigative fee equal to permit fees. EXHIBIT F ELECTRICAL FEES A state surcharge of .50 will be assessed/charged for each electrical permit. Individual/separate inspection (installation, replacement, alteration or repair............... $25.00 Services, generators, feeders to separate structures and other power supply resources: 1. 0 ampere to and including 200 ampere capacity................................... $30.00 2. Each additional 100 amps or fraction thereof.............................an add'l $8.00 3. For services and circuits operating at over 250 volts (Scheduled fee doubles) Circuits, feeders, feeder taps, or sets of transformer secondary conductors: 1. 0 ampere to and including 30 ampere capacity....................................... $7.00 2. 31 amps to 100 amps.......... ......... ...... .... ...... ........ .... ...... ....... ......... ....... $10.00 ea. 3. Each additional 100 amps.. ............ .... ................ ........ ............. ... an add'l $5.00 One-Family dwelling and each dwelling unit of a two-family dwelling..................... $11 0.00 (includes not more than three inspections) Multifamily dwelling, the first 20 units ........ ........... ....... ............. ....... ....... ............ ...... $50.00 Remaining units. . . . .. . .. . .. . .. .. . . . . .. .. .. . .. .. .. . .. . . . .. . . . .. .. . .. .. . .. . . . . .. . .. .. . .. . . .. . . . . . . . .. . . . . . . .. ... $45. OO/unit Electrical supply for each manufactured home park 101................................................ $30.00 Recreational vehicle site, electrical supply equipment ................................................. $10.00 ea. Street, parking lot or outdoor area lighting standard~..................................................... $5.00 Transformers for light, heat and power................... ....................................................... $8.00/unit Each KV A ... .. .. .. . . . .. .. .. . .. .. . . .. . . .. . .. . .. .. .. . .. .. .. .. .. . .. .. . . . .. . .. . .. . .. . .. . .. . .. ... . . .. .. .. . . . . .. . . . .. . .. .. $.40 ea. Maximum fee for any transformer ................ ................................................... $80.00 Transformers and electronic power supplies for electric signs and outline lighting ...$7.00 1st 500 VA ............................................................................................... $.70 ea. Add'!. 100 VA Alarm, communication, remote control and signaling circuits or systems and circuits of less than 50 volts ........................................ .......................................................... $5.00 for 10 openings .. .. . .. .. .. .. .. . . .. . . . .. . . .. .. .. . . .. . .. .. . .. .. .. .. . . .. .. .. .. . . .. .. . .. .. .. .. . .. .. . .. ..... $3 .00 ea. Add' I 10 openings Minimum fee................................................................................................... $25.00 Swimming pool bonding inspection (each separate inspection).................................... $25.00 (Bonding CQnductors and connections require an inspection before being concealed) Retrofit modifications to existing lighting fixtures........................................................... $.30/flxture Electrical work commenced without filing the required permit.................................... $70.00 or double the calculated fee, whichever is greater Re-Inspection fee (when inspection is necessary to determine whether the unsafe conditions have been corrected a fee may be assessed in writing by the inspector of............................. $25.00 When inspections scheduled by the installer are pre-empted, obstructed, prevented or otherwise not able to be completed as scheduled due to circumstances beyond the control of the inspector, a supplemental inspection fee may be assessed in writing by the inspector of................. $25.00 Transient Projects - Power supply fees as identified above, plus 2 hours ..................... $34.00/hour Each attraction or concession inspection.......................................................... $25.00 For purposes of interpretation of this section and Minnesota Rules, Chapter 3800, the most recently adopted edition of the National Electrical Code shall be prima facie evidence of the definitions, interpretations, and scope of words and terms used. EXHIBIT G TRANSIENT SALES A The following fees for Transient Sales - Conditional Use Permits are: Application Form ..... ......... ......... ....... ...... ....... .......... .......$5.00 Transient Sales License Base Fee ..................................$75.00 B. The following fees are additional time period fees: Per day ............ ......................................................... ..... $10.00 Per week........................................................................ $30.00 Per month...................................................................... $60.00 Per year .... .... ..... ....... .............. ........... .... ...... ... ....... ...... $150.00 C. The following fees are to be deducted from the Conditional Use Permit fee if granted: Cost of Application Form ..................... .......................... .$5 .00 D. The fees shall become effective on approval by the City Council of this resolution. EXHIBIT H WATER UTILITY BILLING Water Permit Fees Service/Connection........................................................ $55.00 Tapping Main ........ ....... ...... ... .................. ..... ..... ...... ......$50.00 Disconnection Requests................................................. $20.00 Inspections (All)..... ........ .......... ..... ....... .......... ............... $20.00 Service Charges Testing Up to 2" Meters.. ... ...... ............ .............. ... .... ..... ....... .....$25.00 Up to 3" Meters ... ................. .......... .... ..... ....... ....... .... .... $30.00 Up to 4" Meters....... ................... ................................... $35.00 Up to 6" Meters...................... ....................................... $40.00 Violation Penalties - Shut Off....................................... $25.00 Water Meter Deposit 5/8" Meter ..... ......... ............... ...................... ................ $290.00 Special and other sizes........................... Cost plus Handling (These Rates are Subject to Tax) Unit Connection Charge - Non-Assessed Properties 7164, 7173, 7178, 7184, 7192, 7212, 7216, 7219, 7221, 7223, 7232,7235,7241 Mill Road & 7046, 7081, 7087 & 7095 Brian Drive Residential..... ......... ....... ......... ....... ........................... $3,685.00 Non-Residential per REC ....... ................... ............... $3,685.00 Water Usage Rates ......... ..... ................. ................................... ..... ............. + $1. 70/1,000 gallons Water System Management FeelPer Quarter..................$17.00 Penalty/Late Payment ....... .......... ......... ............................10% of balance Use of Meter & Hydrant .................. ..... ........ ....................... ................. ..... ........ $750.00 Deposit ...................................................................................... $20.00 Connection Fee ........................................................................................ $4.00/1,000 Gallons EXHIBIT I CENTERVILLE PARKS AND RECREATION DEPARTMENT PARK FACILITY USAGE FEES Residents, Non-profit organizations Security Deposit.. ..... .... ....... ... ...... ...... ......... ........... ..... $100.00* Concession Facility Fee. ........ ........ ...... ...... ..... ......... ...... $25.00** Field Rental Fee...................................................... . Waived Lighting Fee ... ....... ..... .... ......... ... ..... ...... .............. ......... Nt A Key Fee......................................................................... $20.00 ($15.00 refunded when key is returned) Non-resident Security Deposit........................................ .............. .... $100.00* Concession Facility Fee ............................................... $150.00 per tournament Field Rental Fee........................................................... $100.00 per field Field Rental Fee. ..... .......... ..... ....... ....... ..... ..... ......... ..... $200.00 per tournament Lighting Fee................................................................. Nt A Key Fee ...... ...... .... ................ ................. ...... '" .... ..... ...... $20.00 ($15.00 refunded when key is returned) *If fields and facilities are left in good condition and if all trash is picked up, the security deposit will be refunded. If these conditions are not met, repairs and/or cleanup costs will be deducted from the security deposit. The security deposit must be submitted with the application. **Per event or per season for youth leagues. .. . \ '100/' 'P::- ," : : ~ . _ ' __. ~ . , 'c.4 ' It, 'l, ~,.. TO: Honorable Mayor and Council Members FROM: Kim Stephan SUBJECT: Parks and Recreation Committee Recommendations DATE: June 5, 2003 The Parks and Recreation Committee made the following recommendation for Council consideration at their June 4, 2003 committee meeting. 'cll i)fOv ~ Motion was made by Committee Member Peil, seconded by Committee Member LeBlanc to recommend to council the paving of Laurie LaMotte Memorial Park parking lot be revisited with estimates to be presented by Mr. Paul Patzer and Mr. Tom Peterson in conjunction with the estimates on repairs to LaMotte Drive and Heritage Street using monies the Park & Recreation Committee budgeted for when completing their 2003 budget, not to exceed $50,000 with the work to be completed before Fete des Lacs and the YMCA Summer Programs begin in August. AU in Favor: Motion passed unanimously. Motion was made by Committee Member LeBlanc, seconded by Committee ~~yiu Member Seeley to recommend to council to proceed with the reroofing of the Laurie LaMotte Memorial Park warming house subject to Mr. Paul Palzer's estimates and pursuing the offer from the Centerville Lions to donate the labor. All in Favor: Motion passed unanimously. ^ J~1 Motion was made by Committee Member Peil, seconded by Committee Member LT, \ , ~SeeleY to recommend to council the appointment of Mr. Richard Anderson to the .JJfJJ Parks & Recreation Committee. All in Favor: Motion passed unanimously. J ~ otion was made by Committee Member LeBlanc, seconded by Committee t, ~ ~ Member Peil to recommend to council the appointment of Ms. Julie Lindsay to the LV\,' Parks & Recreation Committee. All in Favor: Motion passed unanimously. \ Motion was made by Committee Member Peil, seconded by Committee Member , JY Seeley to recommend to council the purchase of a plaque to recognize the service ,([, given the city by former Parks & Recreation Committee Chairperson Karla DeVine, G)LiV DOlt: exceed $50. " JYP" / 'V .)..~:+" ~ \J0 ~ ~ lJ-Y, ~. ~,~ ~/ 1 ' I. ~'mf'~"; .,,/ ~. .../.. .. t ~i' ~,' ~0 TO: Honorable Mayor and Council Members 1\ . lJ ~ FROM: Kim Stephan ,.J' SUBJECT: Parks and Recreation Committee Updates DATE: June 5, 2003 The Parks & Recreation Committee decided to reschedule the July 2, 2003 meeting to June 26, 2003. This decision was made as members will be out of town for the 4th of July holiday. Included in the committee's packet was the following: Added to your agenda under Committee Business is Capital Improvement Goals - 5 Year Plan, at the request of City Council. Ellen Paulseth, Finance Director, included information in your packet. City Council has a work session scheduled for June 18, 2003 to start looking at the 2004 budget. What they would like from you is a tentative plan for the next 5 years, in particular 2004, as to what you would like to see done and what your goals are as a committee. Also included in your packet is a page from the comp plan for Bicycle/Pedestrian Trails. While the comp plan will not be amended until 2007, council would like you to look at this and determine if this is still the direction you are headed. The committee decided to table this item until the next scheduled meeting as only three members were present, they have new members to recommend to council, and they would like all members to be available to participate in this discussion. It will be on the June 26th agenda. They did have a quorum with 3 members as there are currently only 5 members on the committee. 1 ' . t J., February 07, 2003 Richard Anderson 7192 Brian Drive Centerville, MN 55038 651-653-6415 Kim Moore-Sykes, This is a "Letter of Interest" for a position on the Park and Rec committee. Through a friend in the neighborhood I discovered there may be an open position for Park and Rec. Our family has lived in Centerville for five years; Karen and I have two children, Henry and Emilia, ages five and nine. I have been a social studies teacher and summer school administrator in the Saint Paul school district for ten years. I know kids very well and feel my experiences could help out the committee. I have good organizational skills and work well with groups. If you would like to talk with me in person, I would be more than happy to come down to City Hall to meet everyone. Please call me at the above telephone number if your interested in having a meeting. Sincerely, &1 : I .// \ Richard Anderson I' " i J' June 4, 2003 City of Centerville Parks and Recreation Committee Att: Kim Stephan My name is Julie Lindsay and I have been a homeowner in Centerville since August of 1995. My daughter and my son-in-law have built their second new house here and are also making Centerville their home. I was employed with the State of Minnesota, Department of Corrections for 18 years with the last 9 1/2 years at the Minnesota Correctional Facility-Lino Lakes. I retired a little over a year ago and now have time to devote to Community Activities. I have seen many changes since 1995 and hope to participate in the plans for Centerville to improve and support the quality of life that we have here in Centerville. The bike/walking trails are a wonderful asset to Centerville and I use them often. I attended the June 4, 2003, Parks and Recreation meetipg and have volunteered to be the liaison between Lynn Truninger, Chain of Lakes YMCA Program Executive and Centerville to provide a smooth transition of information. I have also volunteered to adopt the maintenance of Laurie LaMotte Memorial Park flowerbed. I hope that you will consider me for the vacancy on the Parks and Recreation Committee. Thank you for your time in this matter. , ' - FROM : CENT PHONE NO. : 651 4~~9 8629 Jun 02 2003 03:47PM j:J1 Cleaning List Administrative Offices' Vacuum administrative offices Vacuum council chambers Lightly dust all desks, counters, file cabinets, & window sills Sweep and mop floors in lobby and/or vestibule ...wsx tHe floersoAcc a meAth See. A&-&i'hfV\4\ rf~<,-t +fc.+-\..'iuV\f e~~ O'\- 6\& Sweep and mop, restrooms Disinfection sinks and toilets Clean mirror in restrooms Fill hand towel & soap dispenser as needed Fill toilet paper dispensers as needed Wash windows in lobby ~nd/or vestibule Empty trash cans Put new garbage bags in trash cans Wipe outside of microwave & refrigerator, Spot clean carpets when needed Pubic Works Vacuum public works offices Lightly dust all 'desks, counters, file cabinets, & window sills Sweep and mop floors in lobby and/or vestibulE) -Wax tile flears--onee-a-meAth- ~~e. A&&\ ~lil,^.I~~ Sf~(;..~ {tCJ~.:-{.t6\A.,r ()-ItJ~ at h tel Sweep and mop restrooms r DisinfectiOn sinks and toilets crean mirror in restrooms Fill hand towel & soap dispenser as needed Fill toilet paper dispensers as needed Wash windows in lobby and/or vestibule Empty trash cans Put new garbage bags in trash cans Wipe outside of microwave & refrigerator Spot clean carpets when needed 1 ' '" , :..~" , I SWOOllS:;)1[ - woonpuni - s:;):J!JJO - :S){lOM. ::lqqnd :t- SWOOllS:;)"}{ - WOO"}! ~u!l:;):;)W - s:;)::l!JJO - :nBH Al!J :t- paJ!AJaS aq OJ S8aJV A. A. A. A. A. A. A A T " v v v .. v v v .. ;""'- COVERALL'S cleaning contract agreement The undersigned hereby accepts the proposal of COVERALL OF THE TWIN CITIES, INC. to supply janitorial services for our premises described as follows: City of Centerville 1880 Main Street Centerville, MN 55038 with the following terms: 1 time service pl:-\.- W ~~ \<. * 1. COVERALL'S service charge will be $200.00 per MONTH. Service will be provided in accordance with COVERALL'S work schedule attached hereto and an integral part of this agreement. (Price listed above does not include applicable local sales tax.) * 2. COVERALL will perform all janitorial services specified in the attached work schedule in a good and workman like manner consistent with industry standards. At no time and in no event shall COVERALL be responsible for the clean-up or disposal of hazardous lJ1aterials belonging to Customer or its clients. In the event of non-performance by COVERALL, the customer shall first give verbal notification, followed by written notification to COVERALL. * 3. All equipment and cleaning supplies will be furnished by COVERALL, with the exception of liners and toiletries, which can be provided at wholesale prices. * 4. The price quoted above is good until June 1,2004 unless customer changes scope of job. (Price increases in 2002, 2001, 2000, and 1999 averaged 4%.) * 5. This contract may be cancelled with a thirty (30) day notice. In the event the customer cancels without a thirty (30) day prior notice, COVERALL shall be entitled to one month's service charge. * 6. In the event of default on payment, customer agrees to pay such additional sum as the Court may adjudge reasonable as attorney's fees, all Court costs, and late fees of 1 V2 % per month. , ' * 7. Customer agrees not to hire any COVERALL or franchisee personnel for 18 months after end of contract. This agreement entered into and accepted on this day of , 2003 by: Signed .~ C~VERALL 1j~ Cro~ CUSTOMER Signed by COVERALL OF THE TWIN CITIES, INC. On behalf of City of Centerville Service to commence , I ~UI!lIOO'OOI$ = SqlUOUI ~ A.r:;lA:;l qru~s I:}h\Od - :S)]:10M. ~!rqnd ptm n~H Al!J lU :;lI!l AIlU~ IOJ :;lIU~ IOOlJ p~pU:;lUIUIO~:;l1[ 'I- SUOngJgpads I~UO!npPV A A A A A A A A Page 1 0[2 Kim Moore-Sykes From: DONALD ANDERSON [DL TL T JK@msn.com] Sent: Monday, June 02,200310:46 PM To: ksykes@centervillemn.com Cc: terry@sweeneyconstruction.biz Subject: Police Commision candidate Mayor Sweeney and Councilmembers , June 2,2003 It has come to my attention that the City of CenterviHe is in need of a Police Commissioner. I have some interest and experience in this area. here is some brief information about me. Don Anderson 7313 Deer Pass Drive Centerville MN 55038 651-762-1887 QlT1Il!~@J:n.sn,~orn I have lived in the Centennial area for 19 years, 17 in Lexington and Centerville since Oct 2001. I have been active in local community issues and currently host our crime watch block club with my wife. I am a machinist of almost 20 years at Wilson Tool in Hugo. I have filled positions of leadership in the Community, Church and Scouts. In regards to the Police Commission even the City web site is incorrect stating that the City contracts Police service when in fact they are a co-owner of that department. I understand the importance of communication to the Council and residents concerning the Public Safety function of Government and its high costs. As a Commissioner to the City of Lexington I met monthly to give a update regarding any Police Dept. business. Also I stood for any questions from the Councilor citizens. This personal report by this Commissioner was no longer asked for when the bylaws of the Commission were changed to allow a current Counci/member to also be a Commissioner. This was suppose to increase communication to the Councils but infact added no real additional oversight but more politics and contention between the member Cities. The Important Issues at the establishment of this Commission were that Police services could be better for the communities by shared services than for each City to have a small dept. themselves. The Commissions role was to provide the framework and oversight in the operation of the Dept. This provided uniform management with equal access by Councils and City Managers. A true joint powers effort that other cities have copied. The joint Powers agreement with this Dept. dates to 1975. The councils do not lose control of the dept. because they have authority to levy taxes while the Police Commission does not. The Budget is recommended by the Commission but established by the member City Councils. Some of the areas of involvement I participated in while a Commissioner are; budgeting, hiring, policy, contact negotiations, tri-city task force/ facilities, I also represented Centervifle, Circle Pines and Lexington at the Anoka County Joint Law Enforcement Council and was active in issues of the Computer Records Project and the 800hz Communication project. Community service tlmeline includes the following; Fair Share 55014 first chairperson .. B.S.A. 1984 to present Lexington Building Committee 1992-1993 Lexington P&Z 1992-1993 precinct chair local political party 6/3/2003 Page 2 of2 Lexington City Council 1994-97 serving in areas of parks, public works, utilities, cable, solid waste/recycling, P&Z, housing, recreation, streets Centennial Lakes Police Commission 1998-2001 Thank you for your consideration, Don Anderson 6/3/2003 (.if, ~------- 1:.; .-.~' L )I' Mediation Services '>i,..,...,l~ for Anoka County iEJ~:,j _._.-..;:~:i~..j-~ Helping to manage conflict and reduce violence through education and conflict resolution services. June 2, 2003 } . t; j ty~1; cI' .Kim Moore-Sykes, Manager City of Centerville . 1880 Main. St. Centerville, MN 55038 Dear Kim, Since 1987 MSAC has asked the communities of Anoka County to budget a contribution to continue free or low cost mediation and conflict resolution services to their community. I am again asking that you include a contribution in your FY04 budget of .1 0 cents per capita or $320.00. Weare all dealing with the financial realities ofFY04 at this time. I wanted to bring you up to date on our financial situation also. 100% of state funding for victim-offender mediation services - previously administered by the Supreme Court - has been eliminated. In addition, 100% of state funding for restorative justice work has been eliminated. Our United Way funding has been reduced as a result of decreased giving and foundations that support us have not faired well in the markets and have passed this along to us too. Finally, I anticipate further cuts as state cuts ripple through municipal and county budgets. All said I hope you will consider continuing your funding 'of our programs at some level. More than ever. your community needs the volunteer resources of the connnunity mediation programs. Your residents need the skills and tools to manage conflict respectfully and peacefully. In a culture that sees a direct line between dispute and police or city resources (or worse yet, between dispute and violence) we need to continue to hold up alternatives. As your local resources become strained, Mediation Services can continue to provide services that relieve your strain and supplement your reduced resources. Thank you in advance for giving your thoughtful consideration to this budget request. In addition, please consider my invitation to provide input into your budgeting process or present infonnation to your city council, town board or staff about our programs and services. . The funding provided by local government has been an extraordinary support. We greatly appreciate your role in our efforts and hope you will budget our request for FY04. I will be contacting you in June to talk with you by phone about it. Best regards, ~ /;J ~tIt~1-- Mediation supplements resources. Mediation Services relieves the strain on your local staff roOI/Tees and law enforcement. Ann M. Wallerstedt Executive Director annw@mediationservice.org www.mediationservice.org 2520 Coon Rapids Blvd., Suite 100, Coon Rapids, MN 55433.3908 763-422-8878 FAX 763-422-0808 www.mediationservice.org ~ M~:i~~: C~:~keS Mediation Services for Anoka County provides the following services: .. COMMUNITY PROGRAM .",~ . ,,~ B' ~ l'''~';':'r.'.0'~ h""r'" .;, ; 'U."'TIY".'''''~ a1i1l11.,,-1 '~;"'ba......-~.ll.U _ai:.J_.:c....:liL.~uu _ ~ CCYTllSiln'1.er ~ L,all(llord and Tenant -~ Ell".::np~oyer and Employee ,) Family Communication · -VV orkplace .. la:l:2:e GraHD <) Truancy-@CityIssues ~ 4 , SHARED PARENTING PROGRAM Co-Parenting Issues ~ Visitation Schedules" Transportation; Grandparent Visitation PARENT-TIME EXPEDITING PROGRAM Shared. Parenting and" Parenting T. ,i'nilA 1. '~C""'Q<:! I>::!6;l.u~e'" ..a..:t...a....a.'L.- "'..:.l..~ ~u0 l.JL..>~ .~ VICTIM OFFENDER PROGRAM (Restorative Justice Program) Disorderly Conduct + Theft> Assault .~ VandaHsm " BurO'lary ~ Arson e " PEER MEDIATION Elementary to High School ~ Adult State Certified ~ In-I-Iouse Program CONFLICT RESOLUTION >j:;ft '. 4- 'H" ,,-' ih;;:'] · .C~ ,Llterrlentary t.o ,. '.lgi.i 0cnOOll ( ,.lasses F '~......,11 nta,,;,p . " . '~1ITI1~V,' ~:::lJQ<;;t~f;!,} '" "'in, a"1'Cll , 'i:Jl.......a.....;........) '~..;..~u:.....;;""--w ~ '......a jj,A'~ :Emplo;vees' An(iler lo/Iana~ement J1 ~-.l ~ S Pif' "" 1 . + ,. '" . ""d' . . ;;:'. ~ ,(""1 . . ,..-, . . taH Deveiopmen", .. In-:'ieJrVlce..t' ucatlon '. ;:'OClai ana. ~lVIC Groups ..i1. 1:1.. 2520 Coon Rapids Blvd. Ste. 100, Coon Rapids, MN 55433 Ph.763-422-8878 Fax,763-422-0808 ",,'\iVV. ,mediationservice. org ,. ~ Kim Moore-Sykes From: Sent: Subject: Auditor's Update [auditorsupdate@osa.state.mn.us] Wednesday, June 04, 2003 12:47 PM State Auditor's E-Update The Auditor's E-Update is the official online news publication of the Minnesota Office of the State Auditor. Contents: 1. Legislative Wrap-up 2. Financial Report on Minnesota's Small Cities 3. Findings on Southside Neighborhood Housing Services 4. Report on Municipal Liquor Stores 1. Legislative Wrap-up In an effort to reduce mandates and promote greater efficiency during these fiscally difficult times, the Office of the State Auditor (OSA) worked with the Legislature to pass a number of measures that will benefit local units of government. A. County Audits During the past legislative session, an important change was made that removed the requirement that the OSA annually audit all counties and cities of the first class and in its place the OSA was given discretion over these annual audits along with some additional oversight if the audit is performed by a private CPA. Several interested groups, including the Minnesota CPA Society, the Minnesota Inter-County Association (MICA), the Association of Minnesota Counties (AMC), and the OSA all worked on and agreed upon language that was adopted by the legislature. For the year ended 2003 the State Auditor will exercise her discretion and will audit all counties as has been the case in the past. Over the course of the next year, the OSA will be setting up county audit schedules, and developing the auditing standards to be used by private CPA's performing county audits. In order to avoid the duplication of effort and cost, it is the OSA's intention to take the time necessary to make sure standards, policies and procedures are set up correctly. Since the OSA remains ultimately responsible for accepting the audit or not, we want to avoid a situation where there are adding additional costs to the audit either by an extensive review or of further audit procedures. Taking the time now to set up county audit schedules and to let private CPA's know what procedures are required, will minimize and hopefully eliminate the need of additional audit procedures. Furthermore, this change will allow the OSA to focus more of its resources on other units of local government without reducing accountability to the public and compliance on the part of county governments. B. Repeal of the Legal Costs Survey In 1997, the Minnesota Legislature passed a law requIrIng the OSA to collect information on the costs of legal services incurred by all counties, cities, and most school districts. During the recent legislative session the OSA supported the repeal of this mandate and we are happy to report that the legislature approved the repeal. There will be no more legal cost survey forms coming to you from the OSA. C. Best Practice Reviews Since 1994, the Office of the Legislative Auditor has performed these reviews, but 1 ~ beginning in July, 2004, the OSA will assume responsibility for conducting Best Practice Reviews. The OSA will be identifying topics to review to help give guidance to local units of government to help them be more efficient and more effective in their operations. The OSA intends to work closely with the Association of Minnesota Counties, the League of Minnesota Cities, the Association of Metropolitan Municipalities, the Minnesota Association of Townships, the Minnesota Municipal Utilities Association, and the Minnesota Association of School Administrators when developing these reviews. D. Reporting Requirements for Violations of Cemetery Permanent Care and Improvement Trust Funds County Auditors will no longer report violations of permanent care and improvement trust funds or submit annual letters (Which must be filed by May 31 of each year) directly to the OSA. Instead, County Auditors will report evidence of wrongdoing and the annual letter directly to the County Attorneys office. This change in law does not create any additional mandates or burdens for counties. In the past, it was the OSA's practice to forward any complaints from a county auditor back to their county attorneys office for disposition. This change simplifies the reporting requirements by removing the OSA from the process. E. Reporting of Solid Waste Management Fees Beginning in 2004, local units of government that provide solid waste services must file Solid Waste Management Fee reports to the Office of Environmental Assistance rather than the OSA. The change in Minn. Stat. ~ 115A.929 does not impact local units of government by creating any additional burdens or mandates. It simply changes where local units of government should send the reports. 2. Financial Report on Minnesota's Small Cities State Auditor Patricia Awada released a report on the finances of Minnesota's cities under 2,500 in population. The annual report, Revenues, Expenditures, and Debt of Minnesota Cities Under 2,500 in Population summarizes the financial operations of the state's 646 small cities. In addition to the report, the State Auditor's Office released supplemental information that compared cities below 2,500 in population (small cities) and cities above 2,500 in population (large cities). A copy of both documents is available on the State Auditor's website at www.auditor.state.mn.us. ------------------------------------------------------------------------------------------ 3. Findings on Souths ide Neighborhood Housing Services State Auditor Patricia Awada released the results of a contract compliance review of Southside Neighborhood Housing Services, Inc. (SNHS). SNHS is a non-profit corporation that administers housing and economic development programs for several neighborhood organizations in south Minneapolis. The review found that there were numerous problems within SNHS. Funds were used for ineligible purposes and recipients, numerous files lacked required documentation, and financial management practices were questionable at best. Souths ide has since voted to dissolve. The results of the review are available on the State Auditor's website at www.auditor.state.mn.us. 4. Report on Municipal Liquor Stores State Auditor Patricia Awada released a report on the finances of Minnesota's Municipal Liquor Stores. The annual report, An Analysis of Minnesota Municipal Liquor Store Operations, for the year ended 2001 summarizes the financial operations of the state's 234 municipal liquor stores. Overall, cities transferred $14.3 million in liquor store profits to other municipal accounts in 2001. This represents a decrease of 4.7 percent from the $15.0 million transferred in 2000. A copy of the report is available on the State Auditor's website at ~v.auditor.state.mn.us. 2 " You have received this email because you are listed as a local or state government oIficial, or you signed up for email updates from the Office of the State Auditor. If you no longer wish to receive these automatic updates, you may remove your email by going to http://www.osa.state.mn.us/eupdate.lasso. Enter your email address and click "Remove". The Office of the State Auditor is located at 525 Park Street, Suite 400, Saint Paul, MN 55103. Phone: 651-296-2551 Fax: 651-296-4755 Web: www.auditor.state.mn.us 3 IJt f0)'~J ;(, fI"-'Yl {'''/I l"t' i ~ I ""~, L')c, \ .L ',_^ ,t n, _;.r " j- u, Ft F K:::1 'fN.. ~C_, ~'!J +j.", &,4{!:J J~J f~ (J-~ tervi{{e 'fL(~-,);,I at (<, ~~i {'.il.'rf'f) L fW;~1 \ \) , 'Esta6{isfiei 1&57 W c;0A leI ~,M- \:..< l(L\." '-- (..) (!.,(I.J.J ) 1\ '- . -ll,uv\ ('._,~ ' April 23, 2003 /''''y'\ cr, .I.},,\ c- Dear Neighbor, The Centerville Lions Club is currently planning this year's Fete des Lacs festival and the festival is to be held August 1 st and August 2nd, 2003. The scheduled events include a parade, fireworks, softball tournament, bingo, craft show and, and street dance and more. The following levels of sponsorship have been selected to solicit funding for the celebration and appropriately recognize sponsors who have helped make the celebration a success. We hope that you are able to contribute to this event at one of the following levels: Platinum Soonsor - $1.000 and UP Individual or business name in extra large, bold letters on the sponsor banner, published thank you in the Quad Community Press, The Hugonian, city website, and the cable access channel. You will also receive for your sponsorship, ten (10) "Fete des Lacs" buttons that will admit you and your guests to the street dance with reserved seating at the dance. Gold Soonsor - $250 - $999 Individual or business name in large, bold Letters on the sponsor banner, published thank you in the Quad Community Press, The Hugonian, city website, and the cable access channel. You will also receive for your sponsorship, five (5) "Fete des Lacs" buttons that will admit you and your guests to the street dance with reserved seating at the dance. Silver Sponsor - $100 - $249 Individual or business name in bold letters on the sponsor banner, published thank you in the Quad Community Press, The Hugonian, city website, and cable access channel. You will also receive for your sponsorship, two (2) "Fete des Lac" buttons that will admit you and a guest to the street dance and reserved seating for two at the dance. 0' . Bronze SDonsor - $0- $99 Individual or business name on the sponsor banner, published thank you in the Quad Community Press, The Hugonian, city website and cable access channel. Please mail checks to: Fete Des Lacs Committee c/o Mainstreet Bank P.O. Box 455 Centerville, MN 55038 If you are interested in entering a float in the parade or participating in the craft fair/business expo, fill out and return the corresponding entry formes) enclosed. If you would like to volunteer, please contact Craig Bode at 651-762-9440, or Todd Steffen at 651-426-6608. We would like to thank you in advance for your contribution to this event. Unspent proceeds that are generated from the festival will be reinvested in the community to fund future celebrations and municipal park projects. With your help, the 2003 "Fete des Lacs" can be a great event! Please make checks payable to the Centerville Lions Club. Please note, "Fete des Lacs Donation" in the memo portion of the check. We would like to receive donations as soon as possible, as we are alrea making deposits on may of the event activities. Craig Bode Fete des Lacs Co-chair Page 1 of 1 Teresa Bender From: Joel Heckman Oheckman@centenniallakespd.com) Sent: Tuesday, June 10, 20032:08 PM To: Teresa Bender Subject: Re: - Original Message - From: Teresa Bender To: Joel Heckman Sent: Friday, June 06, 2003 3:37 PM Dear Chief: Numerous rumors have been floating around regard a decibel meter. Do the Centennial lakes Police Department own one????? Let me know. Thanks, Teresa Teresa-Yes we do have (1) one. In the 1980's the department purchased a small hand held "Realistic sound level meter" from Radio Shack. At that time a resident in the City of Lexington claimed music from the neighboring church was in violation of the City's noise ordinance. Being aware of the issues facing the City of Centerville I would recommend new sound level meters or decibel meters be purchased if the City feels this may be an issue in court. -Joel 81f17W &<;1 CI, 1/ t, tic!. 6/11/2003 City of Centerville Fund Balance/Cash Flow June 1, 2003 Cash Recommended Variance Balance Balance +(-) General Fund 422,201 949,734 (527,533) Debt Service 1,552,985 1,552,985 0 Capital Projects 1,021,958 1,021,958 0 Enterprise 3,049,176 3,049,176 0 Special Revenue 15,075 15,075 0 6,061,395 6,588,928 (527,533) Note: Approximately $700,000 in property tax revenues will be deposited into the General Fund the first week in July. ********************************************************************************** General Fund Cash Flow Projection Actual Expected Variance Cash Balance Cash Balance +(-) January 1, 2003 $962,599 $953,485 $9,114 February 1, 2003 $833,342 $794,571 $38,771 March 1, 2003 $734,816 $635,657 $99,159 April 1, 2003 $645,051 $476,743 $168,309 May 1, 2003 $502,753 $317,828 $184,925 June 1, 2003 $422,650 $158,914 $263,736 July 1, 2003 $953,485 August 1,2003 $794,571 September 1 , 2003 $635,657 October 1 , 2003 $476,743 November 1, 2003 $317,828 December 1 , 2003 $158,914 6/3/2003 4:32 PM fund balance analysis tervi[[e 'E.sta6fished:18..'f7 UPDATE Receipts & Disbursements June 6 through June 11, 2003 Receipts Disbursements $16,782.77 $98,412.15 Amount CITY OF CENTERVILLE Cash Receipts June 6 thru June 11, 2003 Tran Date Refer Comments Batch Name 06/11/032:02 PM Page 1 Account Descr FUND 101 GENERAL FUND Act Type G Act $0.50 $1.50 $7.00 $1.50 $0.50 $3.50 $0.50 $35.00 $6.00 $2.00 $0.50 $0.95 $2.50 $0.50 $0.50 $124.00 $2.50 $200.00 $1.50 $390.95 Act Type R 5172.10 $110.00 $1,616.92 $95.00 $75,00 5287.60 $20,00 5172.10 $296.80 $25,00 $20.00 $139.30 5431.97 $82.98 $20.00 $121.80 $25.00 $172.10 $2,254,06 5110.00 $3,759.44 $2.60 $139.30 Act $10,149.07 FUND 10 $10,540.02 6/9/2003 6/9/2003 6/9/2003 619/2003 6/9/2003 6/9/2003 6/9/2003 6/9/2003 6/10/2003 6/10/2003 6/10/2003 6/10/2003 6/10/2003 6/10/2003 6/11/2003 6/11/2003 6/11/2003 6/11/2003 6111/2003 6/9/2003 6/9/2003 6/9/2003 6/9/2003 6/9/2003 6/9/2003 6/9/2003 6/9/2003 6/9/2003 6/10/2003 6/10/2003 6/10/2003 6/10/2003 6/10/2003 6/10/2003 6/1012003 6/11/2003 6111/2003 611112003 6111/2003 6/1112003 6111/2003 6/1112003 o 6876 MALLARD WAY - P03- 06-09-03 o 7026 EAGLE TRAIL - 03-077 060903 o 7098 BRIAN DRIVE - 03-079 06-09-03 o 1782 DUPRE RD - 03-076 060903 o 6877 MALLARD WAY - P03- 06-09-03 o 1850 HAYFIELD RD - 03-078 06-09-03 o 1760 DUPRE RD - C03-044 06-09-03 o 1914 73RD STR - 03-080 06-09-03 o 7319 OLD MILL RD - 03-081 061003 o 1695 MAl N ST - 03-083 06-1 003 07097 COTTONWOOD CT - 06-1003 o 1914 -73RD ST - 03-085 06-1003 o 1721 WESTVIEW - 03-084 06-1003 o 1680 SOREL ST - M03-025 06-1003 o 6881 MALLARD WAY - C03- 06-11-03 6878 MALLARD WAY - 03-0 06-11-03 o 1777 CENTER STREET-03- 06-11-03 6878 MALLARD WAY - 03-0 06-11-03 o 1914-73RD ST - 03-086 06-11-03 o 7026 EAGLE TRAIL - 03-077 060903 o 1760 DUPRE RD - C03-044 06-09-03 o 1914 73RD STR - 03-080 06-09-03 o 6877 MALLARD WAY - P03- 06-09-03 o 6876 MALLARD WAY - P03- 06-09-03 o 1850 HAYFIELD RD - 03-078 06-09-03 o KEY DEPOSIT - CHAMBER 06-09-03 o 1782 DUPRE RD - 03-076 060903 o 7098 BRIAN DRIVE - 03-079 06-09-03 o 1567 PELTIER LAKE DR OP 06-1003 07097 COTTONWOOD CT - 06-1003 o 1721 WESTVIEW - 03-084 06-1003 o 7319 OLD MILL RD - 03-081 061003 o 1914 -73RD ST - 03-085 06-1003 o 1680 SOREL ST - M03-025 06-1003 o 1695 MAIN 8T - 03-083 06-1003 6878 MALLARD WAY - 03-0 06-11-03 o 1914-73RD ST - 03-086 06-11-03 o MAY 2003 FINES/FEES 06-11-03 o 6881 MALLARD WAY - C03- 06-11-03 6878 MALLARD WAY - 03-0 06-11-03 o COPIES 06-11-03 o 1777 CENTER STREET - 03- 06-11-03 FUND 415 STORM WATER IMP PROJECTS Act Type R $0.50 $29.44 $2.93 $5.00 611012003 6110/2003 6/10/2003 6/10/2003 o UB Receipt Serv Pen 10 DR 0610-03UT o UB Receipt Serv 10 DRAIN F 06-1003ut o UB Receipt Serv Pen 10 DR 06-1003ut o UB Receipt Serv 10 DRAIN F 0610-03UT G 101-24501 Plmbing Permit Surcharg G 101-24500 Bldg. Permit Surcharge G 101-24500 Bldg. Permit Surcharge G 101-24500 Bldg. Permit Surcharge G 101-24501 Plmbing Permit Surcharg G 101-24500 Bldg. Permit Surcharge G 101-24500 Bldg. Permit Surcharge G 101-24500 Bldg. Permit Surcharge G 101-24500 Bldg. Permit Surcharge G 101-24500 Bldg. Permit Surcharge G 101-24502 Mech. Permit Surcharge G 101-24500 Bldg. Permit Surcharge G 101-24500 Bldg. Permit Surcharge G 101-24502 Mech. Permit Surcharge G 101-24503 Elec. Permit Surcharge G 101-24500 Bldg. Permit Surcharge G 101-24500 Bldg. Permit Surcharge G 101-24504 Site Main. Escrow G 101-24500 Bldg. Permit Surcharge R 101-32210 Building/Mech. Permits R 101-32225 Electrical Inspection R 101-32210 Building/Mech. Pe'rmits R 101-32180 Plumbing Permits R 101-32180 Plumbing Permits R 101-32210 Building/Mech. Permits R 101-36270 Refunds/Reimbursements R 101-32210 Building/Mech. Permits R 101-32210 BuildinglMech. Permits R 101-32225 Electrical Inspection R 101-32210 Building/Mech. Permits R 101-32210 Building/Mech. Permits R 101-32210 Building/Mech. Permits R 101-32210 Building/Mech. Permits R 101-32210 Building/Mech. Permits R 101-32210 Building/Mech. Permits R 101-32300 Site Maintenance Fees R 101-32210 Building/Mech. Permits R 101-35000 Fines and Forfeits R 101-32225 Electrical Inspection R 101-32210 Building/Mech. Penn its R 101-34105 Sale of Maps and Publicat R 101-32210 Building/Mech. Permits R 415-32350 Storm Water Drainage Fu R 415-32350 Storm Water Drainage Fu R 415-32350 Stoml Water Drainage Fu R 415-32350 Storm Water Drainage Fu Tran Amount Date $5.00 6/11/2003 $0.50 6/11/2003 $200.00 6/11/2003 Act $243.37 FUND 41 $243.37 FUND 601 WATER FUND Act Type G Act $1.55 $1.55 6/10/2003 Act Type R $314.39 6/10f2003 $44.20 6/10/2003 $2.16 6/10/2003 $31.43 6/10/2003 $4.42 6/10/2003 $21.64 6/10/2003 5290.00 6/11/2003 $40.80 6/11/2003 $1,500.00 6/11/2003 $4.08 6/11/2003 Act $2,253.12 FUND 60 $2,254.67 FUND 602 SEWER FUND Act Type G $1.262.25 6/1112003 Act $1,262.25 Act Type R $28.44 6/10/2003 $44.55 6/10/2003 $4.45 611012003 $4.90 6/10/2003 $49.00 6110/2003 5284.47 6/1012003 $12.75 6/11/2003 52,000.00 6/11/2003 $49.00 6/11/2003 $4.90 6/1112003 Act $2,482.46 FUND 60 $3,744.71 $16,782.77 CITY OF CENTERVILLE Cash Receipts June 6 thru June 11, 2003 Refer Comments Batch Name o US Receipt Serv 10 DRAIN F 061103-UT o US Receipt Serv Pen 10 DR 061103-UT 6878MALLARDWAY-03-0 06-11-03 o US Receipt Sure 1 SALES T 06-1003ut o US Receipt Serv 1 WATER o US Receipt Serv 1 WATER o US Receipt Serv Pen 15 W A o US Receipt Serv Pen 1 WAT o US Receipt Serv Pen 1 WAT o US Receipt Serv 15 WATER 6878 MALLARD WAY - 03-0 o US Receipt Serv 1 WATER 6878 MALLARD WAY - 03-0 o US Receipt Serv Pen 1 W A T 06-1 003ut 0610-03UT 06-1 003ut 06-1 G03ut 0610-03UT 06-1003ut 06-11-03 061103-UT 06-11-03 061103-UT 6878 MALLARD WAY - 03-0 06-11-03 o US Receipt Serv Pen 6 SEW o US Receipt Serv 18 SEWER o US Receipt Serv Pen 18 SE o US Receipt Serv Pen 6 SEW o US Receipt Serv 6 SEWER o US Receipt Serv 6 SEWER 6878 MALLARD WAY - 03-0 6878 MALLARD WAY - 03-0 o US Receipt Serv 6 SEWER o US Receipt Serv Pen 6 SEW 06-1 003ut 06-1003ut 06-1003ut 061D-03UT 0610-03UT 06-1003ut 06-11-03 06-11-03 061103-UT 061103-UT 06/11/03 2:02 PM Page 2 Account Oescr R 415-32350 Storm Water Drainage Fu R 415-32350 Storm Water Drainage Fu R 415-34000 Chrgs for Servo Drain G 601-20800 State Sales & Use Tax R 601-37100 Water Sales R 601-37100 Water Sales R 601-37100 Water Sales R 601-37100 Water Sales R 601-37100 Water Sales R 601-37100 Water Sales R 601-34600 Water Meter Charges R 601-37100 Water Sales R 601-37150 Water ConnectfReconnec R 601-37100 Water Sales G 602-20801 Service Availability Charg R 602-37200 Sewer Sales R 602-37200 Sewer Sales R 602-37200 Sewer Sales R 602-37200 Sewer Sales R 602-37200 Sewer Sales R 602-37200 Sewer Sales R 602-34700 SAC Charges R 602-37250 Sewer Connect/Reconnec R 602-37200 Sewer Sales R 602-37200 Sewer Sales FILTER: (([Period] in(6) and [Act Year] = '2003') and [Tran Nbr] in(10, 13)) and ((((((Not [Tran Date]=#6/2/2003#))) AND ((Not [Tran Date]=#6/3/2003#))) AND ((Not [Tran Date]=#6/4/2003#))) AND ((Not [Tran Date]=#6/5/2003#))) CITY OF CENTERVILLE- 06/11/037:45 AM Page 1 *Check Summary Register@ Name Check Date 10100 MAIN STREET BANK Paid Chk# 018159 ANOKA COUNTY Paid Chk# 018160 CENTER FRAME & WHEEL ALlG Paid Chk# 018161 CULLIGAN Paid Chk# 018162 GOPHER STATE ONE CALL INC Paid Chk# 018163 GRANGERS BUMPER TO BUMP Paid Chk# 018164 HASLER, INC. Paid Chk# 018165 MET. COUNCIL ENV. SERVo (SD Paid Chk# 018166 OFFICE MAX Paid Chk# 018167 ON SITE SANITATION Paid Chk# 018168 QWEST Paid Chk# 018169 SALOMON SMITH BARNEY 6/11/2003 6/11/2003 6/11/2003 6/11/2003 6/11/2003 6/11/2003 6/11/2003 6/11/2003 6/11/2003 6/11/2003 6/11/2003 Total Checks FILTER: None JUNE 2003 Check Amt $60.00 $150.00 $29.66 $37.20 $12.76 $370.62 $9,472.67 $263.68 $902.60 $112.96 $87,000.00 $98,412.15 FILING/RECORDING FEES ACORN CR REPAIR TRACTOR WATER RENTAL SERVICE THRU MAY WINDSHIELD WIPERS/97 DODGE METER RENTAL -7-1-03 THRU 6-3 SERV THRU JULY 2003 SUPPLIES 6970 LAMOTTE DR - LAMOTTE PARK 612-E35-0084 - SERV THRU 6-30 PURCHASE FHLBC MINNESOTA ASSOCIA TION OF SMALL CITIES 2003 - 2004 MEMBERSHIP DUES The Minnesota Association of Small Cites looks forward to working with and for your city during 2003 and 2004. The following is information relating to the dues structure of MAose. If you have any questions about this information, please contact Katherine Fenrich, Associate Director, at 320-693-1283. Thank you in advance for your membership. Dues Structure Population 0-1 000 1001-2000 2001-5000 Base $ 115.00 $ 145.00 $ 195.00 Per Capita $ 0.30 $ 0.30 $ 0.30 2003 - 2004 Annual Dues Statement City of Centerville Membership base Population of 3331 multiplied by 0.30 per capita $195.00 $999.30 $1,194.30 $59.72 $1,134.59 Total Dues Before Discount 5% Discount (if paid before 7/15/03) Total Dues City Clerk/Administrator Signature Dues may be remitted to: Minnesota Association of Small Cities 25770 CSAH #1 Litchfield, MN 55355 Phone: 320-693-1283 Fax: 320-693-1284 maosc@mchsi.com Payment from public funds authorized by Minnesota Statues governing city operation and functions Effective 9/5/00 City of Centerville Ord. #4 Section 080-110: Public/Institutional District (P-1). Purpose It is intended that the P-1 District provide opportunities for government facilities, schools, churches, hospitals, libraries and other similar public and institutional uses. Permitted Uses A. Government buildings, structures, facilities, utilities, rights-of-way, easements, parks, open spaces and vacant land. B. Schools, churches, cultural and educational facilities and uses, libraries, hospitals and health facilities. :',;~.<,".4:~"/ :;",:,,.,,,,,,,:?t,, ,;....:.;/!<.,,~... ..~~?'"". '.~, Purpose It is intended that the M-1 District provide for the unique layout and character of a traditional central Business district with retail, professional office, residential, and other mixed uses. Permitted Uses A. Retail sales conducted within structures, but excluding automobile and motorized equipment sales, truck stops, gasoline and fuel sales, drive through restaurants. B. Repair and service conducted within structures, but excluding automobile and motorized equipment repair. C. Professional and business offices. D. Multiple residences and accessory uses. E. Accessory apartments. F. Theaters and recreational businesses conducted within structures. G. Public buildings. Special requirements It is the intent of these provisions to allow for flexibility of land uses and exceptions to traditional dimensional standards, when other conditions and special requirements are met. These provisions are not meant to allow unrestricted leapfrogging of land uses or disregard for compatibility of land uses. Greater flexibility in zoning regulations often leads to more subjectivity in land use interpretations. In making zoning decisions about land use compatibility and dimensional criteria for uses and structures, the City shall have broad discretion to protect the public health, safety and welfare; and to protect the residential integrity of the Mixed Use District and surrounding residential neighborhoods. Page 32 of 59 '4, ,f'~ 1UiL.V 2iU -dd i' A, ~ i, ~~ ~1'4;1 /; 'fa~~f JJ1t!/uf~~0~ AeaJ~~~ ~~ y~(!/. ;d ~/ A.. ~~ > Effective 9/5/00 City of Centerville Ord. #4 Setbacks and lot coverage for new or expanded structures shall be determined through the Site Plan Review process by the Planning and Zoning Commission. Factors to be considered in the determination shall include; but not be limited to, existing setbacks, structural appearance, site drainage, public access, pedestrian safety, automobile safety, intersection visibility, height, parking, landscaping and other site design factors. Residential dwellings shall not be prohibited or discouraged in the M-1 District. The use or conversion of a residential structure for commercial use, other than a home occupation, shall require Site Plan approval by the Planning and Zoning Commission. Factors to be considered for such a use conversion include, but are not limited to, compatibility with adjacent land uses, structural appearance, structural adaptability, investment relationship, term or length of conversion (interim or permanent) and consistency with any land use plans prepared by the City for the Mixed Use District. The architectural design and exterior building materials used in connection with any new or expanded use or structure shall be consistent with any architectural design or aesthetic control requirements established by the City for the Mixed Use District. Division 85: Zero Lot Lines In new residential subdivisions in M-1, R-2A, R-2, R-3 and R-4 Residential Zoning Districts, structures may be arranged to include one (1) zero lot line provided that no windows or doors open on this side of the structure. The appropriate setbacks apply. Division 90: Commercial Exterior Buildina Materials Except; as otherwise regulated herein, the exterior wall surfaces of all new or expanded commercial buildings shall consist of face brick, finished block or other textured masonry product approved by the Planning and Zoning Commission. Exceptions to all masonry exteriors may be considered and approved by the Planning and Zoning Commission provided the following findings are met: A. The combination of exterior materials is used as an architectural compliment to the structure. B. The combination of exterior materials used is not inconsistent with the quality and appearance used on similar buildings in the same zoning district or neighborhood. C. Site conditions limit public exposure to certain exterior surfaces where masonry products are not proposed. D. An exterior wall may be temporary and a future expansion area of a structure and be subject to removal or redesign as an interior wall. Buildings are required to have contrasting architectural features and must be designed to be aesthetically pleasing. Division 95: Industrial Exterior Buildina Materials Industrial buildings are required to be constructed of brick, decorative block or approved textured masonry product. Pole barn type buildings are not allowed. Buildings are required to have contrasting Page 33 of 59 Effective 9/5/00 City of Centerville Ord. #4 Division 70: Site Plan Review Reauired For all land use applications or permit applications, a site plan review is required by the Zoning Administrator ortheir designee. Said review shall take place thirty (30) days prior to the desired Planning and Zoning meeting. For example, if a property owner desires to construct a home (or any other structure) and desires to have it presented to the Planning and Zoning Commission in May, the application and site plan need to be presented to the Zoning Administrator or his/her designee the first week in April. Section 070-010: Submittal Requirements. A. Boundary survey of parcel including identification of all monuments; and B. Scaled location of all buildings, structures, driveways, sidewalk, trails, parking stalls and curbing; and C. Scaled identification of all setback dimensions from property lines; and D. Scaled locations of all existing and proposed utilities and easements; and E. Scaled depictions of floor plans for each story; and F. Scaled depictions of each building elevation and descriptions of exterior building materials and color schemes; and G. Scaled site grading plans, including erosion and sedimentation control mechanisms and procedures; and I. Scaled delineations of any shoreland, floodplain or wetland areas on the site; and J. Identification of any floodplain or wetland encroachments and detailed mitigation plans; and K. Detailed landscape plans, illustrating size, types and locations of all materials, a description of site seeding or sodding, a description of the timetable for site landscaping and the identification of any irrigation systems; and L. Detailed descriptions of any site fencing, including type, location and height. All plans shall be dated and bear the preparer(s) name(s), including professional registrations or certifications when appropriate or required. Page 18 of 59 issued for a six (6) month period. r6iud - i6~wk /dk /Z H /-ZtJ5j / ~",.t .AL~ Effective 9/5/00 City of Centerville Ord. #4 Division 50: See Division 160: Parking Requirements/Off-Street Parking Division 55: Public Utilities Required All residential, commercial, industrial, public, institutional or other uses, which include plumbing facilities, shall be connected to the public sewer and water system when available. See Ordinance #'s 30 & 45. Division 60: Relocated Buildinas or Structures No existing building or structure may be relocated anywhere in the City without a permit. A permit for the relocation of any building or structure may not be issued without site plan approval by the Planning and Zoning Commission with approval in accordance with Ordinance #8. The Planning and Zoning Commission shall not approve a site plan without certifying the following: A. The building or structure is compatible in appearance, age and character with existing buildings and structures in the area; and B. The building or structure meets all code requirements for new buildings or structures; and C. The building or structure is compatible with any other buildings or structures existing on the same property; and D. The building or structure meets all other requirements of this Ordinance and any other City ordinances; and Division 65: Accessory Structures and Uses No more than two (2) accessory structures are permitted on any Single-family, detached dwelling parcel located in any district except R-1. Combined aggregate square footage for accessory structures may not exceed two hundred (200) square feet or two percent (2%)ofthe lot area whichever is greater, except in the M-1 and R-4 District. No accessory structure may be constructed on a parcel without a principal structure. Accessory structures must have a minimum of a five (5) foot side setback and a ten (10) foot rear setback, except in the M-1 District where the building code governs the setbacks. No structure may be placed in an easement. In case an accessory structure is attached to the main building, it shall be made structurally a part of the main building and shall comply in all respects with the requirements of this Ordinance applicable to the main building. An accessory building, unless attached to and made a part of the main building, shall not be closer than six (6) feet to the main building, except as otherwise provided in this section. The side walls of an accessory building may not exceed ten (10) feet in height. The total area of an attached accessory building (garage) shall be no greater than 1500 square feet per level. Swimming pools may exceed the size requirements for accessory structures, but they can not exceed fifty (50) percent of the rear yard. Page 17 of 59 Effective 9/5/00 City of Centerville Ord. #4 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE ORDINANCE #4 An Ordinance regulating the use of land, location, bulk, height, and use of structures and the arrangement of the structures, on lots, and the density or population in the City of Centerville, Minnesota and providing for the administration and enforcement of such regulations. Adult orientated businesses are regulated separately by City Ordinance. The City Council of the City of Centerville ordains as follows: DIVISION 10: General Provisions Section 010-010: Title. This ordinance shall be known as Ordinance #4, City of Centerville Zoning Ordinance except as herein referred to as "this Ordinance". Section 010-020: Purpose. It is the purpose of this Ordinance to: · Protect and promote public health, safety and general welfare. · Protect the natural resources in the City. · Establish land use patterns and development regulations consistent with the City of Centerville Comprehensive Plan. · Prevent overcrowding of land. · Limit congestion and promote safety in the public rights-of-way. · Prevent the premature demand of public services. · Stage development consistent with the efficient provision of public utilities and public services. · Maintain the small town character and quality of living in the community. · Establish compatibility of land uses in the City to protect existing investments and property values. · Promote opportunities for cohesive and compatible business development. · Establish guidelines and regulations to promote housing variety and quality living environments. Section 010-030: Jurisdiction. The geographic jurisdiction of this Ordinance includes the entire area within the corporate limits of Centerville, Minnesota. Land areas which may be added to the City by annexation, merger or other means shall be classified R-1 Rural Residential until such time that the City Council may rezone the added territory to more appropriate classification. Section 010-050: Severability. If any provision of this Ordinance orthe application of any provision to particular circumstances is held invalid, the remainder of the Ordinance or the application of such Page 1,of59 Jun 12 2BB3 17:13:88 Yia Fax -} 651 429 Bfi29 Administrator Page 881 Of BBl League lelislalive updates slated June 24-26, July 9-10 throughout Minnesota ST. PAUL - City officials are invited to a series oflegislative briefings being held throughout Minnesota during June and July. The meetings, sponsored by the League of Minnesota Cities, will provide a forum for learning about and discussing the 2003 legislative session, including: Slate aid cuts and reform of the distribution formula; Impacts oflevy limits; New gun law; Caps on firework permitting fees; and More. Sessions are: Redwood Falls: 1-3 p.m., June 24, Redwood Area Community Center, 901 Cook St., Redwood Falls. Duluth: 1-3 p.m., June 25, Duluth City Hall, Council Chambers, 411 W. First St., Duluth. Chatfield: 1-3 p.m., June 26, Chatfield City Hall, Council Chambers, 21 Second Street SE, Chatfield. Detroit Lakes: 10 a.m.-Noon, July 9, Detroit Lakes City Hall, Council Chambers, 1025 Roosevelt Ave., Detroit Lakes. (Limited parking is available across the street behind the old library; otherwise on-street parking is available.) Crookston: 3-5 p.m., July 9, Crookston City Hall, Council Chambers, 124 N. Broadway, Crookston. Graod Rapids: 12:30-2:30 p.m., July 10, Grand Rapids City Hall, Council Chambers, 420 N. Pokegama Ave., Grand Rapids. Registration is not necessary, and there is no cost associated with these sessions. Seating is first-come, first-serve and is limited to 50 participants per location. 06/02/2003 ~[QN 13: 37 FAX raJ 0021006 MINUTES }l'OR THE TBJ.CITIES COALITION MEETING OF MAY 15.2003 Mayor Fran Miron called the meeting to order at 7:00 pm. Mayor Miron welcomed. everyone to the meeting, and each person around the tables introduced themselves. PRESENT (City of Hugo): Council members Mike Gnrnger, Chuck Haas, Mayor Fran Miron. Planning Commission Chair Dave Schumann. City Engineer Dave MHchell. CD Director John Rask, and City Administrator Michael Ericson ABSENT: Council mcmber Becky Perryk and Frank Puleo PRESENT (City of CentervilJe): Council members Mary Capra, Jeff Paar, Linda Broussard Vickers, Tom Lee, Mayor Terry Sweeney, and Qty Administrator Kim Moore Sykes PRESENT (City Of Lino Lakes): City Administrator Linda Waite Smith, Council members Donna Carlson, Caroline Dahl, and Mayor John Bergeson. CD Director Mike Grochala. Planner Jeff Smyser, and City Engineer Jim Studenski OTHERS PRESENT: Anoka County Commissioner Rhonda Sivarajah; Anoka County Transportation Manager Kate Garwood; Anoka County Engineer Doug Fischer; MnDOT Represenlati va Rick Amebeck; Washington County Engineer Don Theisen; Tim Rehbein from Lino Lakes Chamber of Commerce; and interested citizens. C.'lAH 8114 IMPROVEMENT PROJECT Hugo Cily Admini~tratClT Mike Rric!\on reviewed with everyone the March 20, 2003 meeting minutes and the contents of the May 1 S, 2003 agenda materials. He ex.plained. that the Hugo City Council had selected the 142ml Street alignment for the CSAH 8/14 project at its May S, 2003 meeting. The Wa.lOhington County Board will consider this recommendation at its June. 24, 2003 meeting. I-3SE CORRIDORJ;OALITION Hugo City Administrator Mike Ericson introduced SEH senior transportation engineer Glen Van Wormer. Glen facilitated the process of identifying local issues and concerns from the three cities and all attendees. The exercise resulted in a large list categorized into four areas: 1) transportati on system; 2) land use considerations; 3) environmental; and 4) miscellaneous. The complete list is a memo attachment from Glen. The attendees took a ten minute break and returned to discuss the next action. Hugo Mayor Fran Miron reminded the attendees about the need to fonn as coalition, a united coalition, as suggested by Congressman Mark Kennedy last fall. He offered the use of Hugo City staff to prepare a draft Ioint Powers Agreemeut. Anoka County En~ineer Doug Fischer offered his department's assistance. A draft JPA will be sent to the three cities. Columbus Township. two counties. and to the City of Forest Lake for review and comment. Doug Fischer also provided an update to Jeff Pur and the Centerville City Council on the CSAH 14 project west of 1-35E. MnDOT representative Rick Amebeck stated that MnDOT has grant funds for this study. There may also be Metropolitan Council grant dollar!!, too. Glen will assist the coalition in the development of a work plan with goals. The coalition will be able [0 use the CSAH 97 and T-3SE studies in developing of a study of the 1-3SE & CSAH 14 area. 06/02/2003 MON 13:38 FAX I4J 003/006 Tri-Cities Coalition Meeting of May 15,2003 Page 2 NEW BUSINESS Kate Ga.rwood agreed to set up a bus tour on Thursday, August 7, 2003 at 6:30 pm at the Hugo City Hallin order for the coalition to gain a regional land use and transportation perspective. The City of Hugo will bdng the refreshments to the next meeting. ADJOURNMENT Hugo Mayor Fnm Miron adjourned the meeting at 9:30 pm. Michael A. Ericson Hugo City Administrator Handouts @ Meeting Page 1 of 1 Teresa Bender From: Joel Heckman Dheckman@centenniallakespd.com) Sent: Tuesday, June 10,20032:08 PM To: Teresa Bender Subject: Re: - Original Message - From: Teresa Bender To: Joel Heckman Sent: Friday, June 06, 2003 3:37 PM Dear Chief: Numerous rumors have been floating around regard a decibel meter. Do the Centennial Lakes Police Department own one????? Let me know. Thanks, Teresa Teresa-Yes we do have (1) one. In the 1980's the department purchased a small hand held "Realistic sound level meter" from Radio Shack. At that time a resident in the City of Lexington claimed music from the neighboring church was in violation of the City's noise ordinance. Being aware of the issues facing the City of Centerville I would recommend new sound level meters or decibel meters be purchased if the City feels this may be an issue in court. -Joel 6/11/2003 <4 JUN-10-2\2I1ZI3 11: 36 P.1ZIl/1ZI8 900 Nail.ces L-u,;w ~ ;JOt~1 [) r~ '. 901. General Nuisances 901.01 Public Nu1tance DefJued. Whoever by his ad or failure to perform a legal duty cloes any of the foBow:lng is guilty of maintalDlng a pubUc nuisance, which is a misdemeanor: (1) Maintains or permits a condition which unreasonabty annoys, injures, Or eadaDlJen die safety, health, morals, comfort, or repose of any COIUlderable number ot members of the public; or (Z) lDter.feres ~ obstructs, or reDders dangerous for passage, any pubUc hiehway or ript-of-way, or waten used by tile public:; or (3) Is gu.u.ty of any other act or OmlssioD declared by law or this code to be a publk Du.fsance aDd for which DO sentence Is specifically provided. 901.02 Public Nuisance Affeetiae Health. The foUowiq are hereby clecJared to be Doisances aft'ccting halth: (1) Exposed aceumuladoD of d~yed or UDwholesome food or vqetable matter; (2) AD cUseased aDimals ruJluu-g at large; (3) Pools of stapant water; (4) Carcasses of plmunot buried or destroyed wltbin 14 hours del' death; (5) Aceu.muJation of manure, tfD eans, bottles, trash, ashes, refuse or debris of any Dature or description; (6) Privy vaults and garbaae cans wbJch are not rodent-free or fly- tigbt or which are so maintaiBed. as to eo.sUnate a health hazard or to emit foul ad disaareeable odon; (7) The ponution of any public weD or cistern, stream. or lake., t8D.al Dr body of water by sewage, industrial waste, Dr other substances. Potlt-lt- Fax NOle 7671 JlJ-.l-113-2003 11: 37 P.02/08 lo (8) All noxious weeds including aD weeds defined by the State Conuoissioner of Apiculture to be iDjurious to public health, roads, crops, Uvestock and other property; (9) DeDse smoke, llmous fumes or odors, pi lUld soot, or cinders, in unreasonable quantities; (10) All public exposure of penonl ha"Ving a contagious disease; (11) The placlng of the contents of any cesspool, septic tank, privy vault, or garbage can upon the surface of pllbIfc or private property; (12) Any offensive trade or businen as defined by statute Dot Hcemed by the eity. 901.03 Publie Nuisances AffectllJO Peace and Safety. The foDowhlg are _lared to be nuisances affeetlng public peace and safety: (1) AD mow aud ice DOt removed from public: sidewalks 12 hoW'S after the snow or other precipitation causing the condition has ceased to !aU; (2) All trees, hedges, billboards, or other obstructlons which preveDt penoas from baviag a clear view of all traffic approaching an intersection; (2) All wires aud limbs of trees which are so close to the surface of a sidewalk or street as to constitute a danger to pedestrians or vehlcles; (3) (a> Noise emanating from any use shall be in compUanee with and repl.ated by the State of Minnesota Pollution Control Standards, Minnesota Regulations MPC 7030, as amended; (b) No Penou ShaD engage in or pennit COIlStrumOD adivities involving tbe use of any kind of electric, pneumatic, diesel or gas-powered madUne or other power eqw.pmtnt except between the hours of 7:00 .Lm. and 8:00 p.m. on any weekday or between the hoUl'S of 9:00 a.m. and 1:00 p.m. 00 any weekend or holiday; (!) ObstructloDS and excavatioDS affeetbag the ordinary use by the pubUc of streets, alleys, sidewalks, or publk lP'ounds eX6:ept under such coDdidons as are pel'Dlitted by thiI code or other applicable Jaw; JUN-10-2003 11:37 (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) P.12l3/08 Radio aerials or television antea.a&e erected or maintained in a daDgerolll DWlDer; Any ule of property abuttinl aD a publk street or sidewalk or any use of a pubUe street or sidewalk wbJdl C!a1lSeS larJe erowdJ of people to gatber, obstructing tratllc IUld the free use of the street or sidewalk; An b.n~1 sips, awninp, and other similar struetures over streets and sidewalks, or so situated 10 as to endanger pllblic safety, or not CO!1Itnacted and maJDtained in a souud condition; The allowing of rain water, ice, or suow to fall from any buildiDl or structure IlpoB any street 01' sidewalk 01' to flow acrOls au,. sidewalki Any barbed 1rire fence less than six feet above the ground and within three feet of a public sidewalk or way; AD dangel'OUI, unguarded. maebmery ill any pubBc place, 01' so sitUated or operated on private property as to attract me public; Waste water cast upon or permitted to flow upon streets or other public property; AecumuladoBl in the op. 01 diseanled or disused machinery, household appliances, automobile bodies, lumber, wood, or other material, or the rllllk It"Owth of VeptatiOD amoDI the items so &(Cumulated, in a manner conducive to the harborinl of rats, mice, snakes, or vermio, or in a .maIUler creating fire, health, or safety"hazards from such aecllDlUlatlon. Any weD. hole, or similar excavation which is left uncovered or in such other conditioD as to tonstitute a hazard to any ehild or other person coming OB the premises where it is located; ObstructioD to the free O~ of water iD. a natural waten\"ay or a public: street drain, gutter, or diteb through accumulation of trash or otber materials. The pllICiDl or throwiDe on any street ,sidewalk, or other public property of any gtus, tacla, nans, bottles, Or other substanteS which may imjure any person or aDwal or dJllmage any pneumatic tire when passing over such substances; J~~-10-2003 11:38 P. 04/08 (17) TIle depositing of paper, Utter, debris, garbage or refuse on a public right-of"way or on adjacent private property, or the throwmg of any such matter from a motor vehicle; (18) The parking, keeping, or stor.ng 0:( or the permitting of junk cars on a public street or alley, or OD any private land, or premises which are owned, ~1Ipled or COlltrolJed by tbe one so doing or so penn.ltUug except where such it btlDg pursued In aecordaDce witb existing JoDbag. This shaD uo apply to anyone who shall park, keep or place such vehicle even ifhe be not the oWll,r of the Jand, opon whk.b such vehicle is parked, kept or placed. For the purpose of dais section, a jtu1k ear mesas iUly motor vehicle which ja not In operating condition, or which is partially dismantled, or wllieh is used for sale of parts or as a source of repair or repJaeement parts for other vehicles, or which is kept for scrapping, dismant.llng, or salvage of any Jdnd, or is not properly and currently licensed for operation within the State orMlDaesota. (19) AU other conditions 01' tb.b1gs wh1ela are likely to cause injury to the person or property of anyOlle. 901.04 Enforcement. The poliee department and such other oftken, employee~ or agents as the CODneR may desilllate shall enforce the provisions of Section 901. Such oftieers shall have the power to Insped private premises md take all reasonable precautions to prevent the coDlDlBsion and maintenance of public: nuisances. 901.05 Abatement, Subdivision 1. GeneraL Whenever the otllCe1' charged. with enforcement determines that a pub.lic uWsance is beiDg mabltaiDed or exists on premises in the city, the officer shau notify In writing tlte owner or occupant of the premises of sucb fact and order that such nuisance be termiDated and abated. The notict shall be served .ill penon or by certified or registered mail. H the premises are not octupif;d and the owner is tmknOWD, the notice may be served by postinl it OD the premises. The nodee shall speclfy the steps to be takeu to abate the nuisance lII1d the time, not exceeding 30 days, within whJch the nuJsaa.ce is to M abated; provided the time for abatement shall not exceed 10 dlYs .In the case of noxious weeds. If the notiee is not cOll1pUed with witllin tile time specified. the enforeine oflleer shall report that filet forthwith to the counciL Thereafter the couucil, .fter aOCiee gel heariDc, lDay cause the nuisance to be abated by the city. JLN-10-2003 11 : 39 P.05/08 ;- Subd. %. Emermmev Abatement. When the oftker charged with enforcement determines that a nuisance constitutes a seriollS and immJDent danaer to the public safety or heal~ the officer may summarily abate the nuisance after a reasonable attunpt to notify the owner or occupant of the property. The alike shall immediately thereafter notify in writina the owner or occupant of the premises of the action taken. The notl.ce shall be served In perIOD or by reglsiered or certified maiL SubcL 3. Costs of Abatement. The cost of the abatemeat may be assessed. as a current service acaiDst the property upon which or wbicb created the nuisance. JLN-10-2003 11: 39 ~< 'i ,// P.06/08 , (13) Administrative control center with telephones where local authority can contact the sponsors and law enforcement personnel iDside the IISIeIDbly area; (14) A bond, flied with the derk-trtasurer, either In eash or underwritten by a surety company Ucensed to do business in Minnesota in the miaimum amoWU: of $300,000.00 which shall indemnify and hold harmless this political subdivision or any of its apllb, officers, servants, and employees from any liability or causes of acdoa whkll migbt arise by reason of granting this liceDse, paYlDel1t of' employees, or services rendered by the granting authority, and from any eOllt Wlurred in dQQ1Qg up any waste material produced or left by the assembly. 606.06 Conditions. SubcUvlsloD 1. Number. A Deensee shan permit the assembly of ouly the muimum number of people state in the license. The licensee shall not sen ddc.ets to or permit to assemble at the licensed l~tion more dum the maximum permissible number of people. Subd. 2. NoiB~. The licensee shall not permit the sound of the assembly to carry unreasonably beyond the enclosed boundaries of the location oCtile assembly. 606.07 V sriances. The eouncll may by resobrUon passed by unanimous vote, grant. variance from uy of the provisions of 606.01 tbroup 606.09, where grantinl a variance will Dot deter from tbe basic purpose aud intent oltbis chapter. 606.08 Revocation. Notwithstanding the prcMsions of 601.06, a lat-ge assembly license may be revoked by the cou:ncll at my time if any of the conditions or requirements of this chapter are not complied with, or If any condition or requirement previously met teases to be complied with; provided that the apPUcaDt .baD be given sucb reasonable Dotice as may be possible of any pending actIoD on revoeadon, the reasons therefor~ and the time and place of tbe cOUDdl meetiDe at which revocation shaD be COIlSidehd.. The applicant shall be given an opportanity to be heard by the cou.ncil at that meeting. 606.09 Enforcement. Subdivision 1. InIWlction. The provisions of this cbapter may be enforced by injunction in any court of competent jurisdiction. Subd. 2. Nuisance. The balding of a large assembly in violation of any provision 01 this chapter shall be deemed a pu.blic nuisance and may be abated as such. JUN-10-2003 11:40 P.07/08 Sabel. 3. BoacL Any penOD who violates any provillion of this chapter, or who violates auy conditioD upon whidl he is issued . llcense shall forfeit an appropriate amout from tile bond required by 606.oS(14). No portion of the bond shaU be released to the SpoDSOts unless and until all provWODI of the license aareement have bee.u 1Ut. Sub. 4. Other. The remedies JJsted JD SubdMsioDS 1 through 3 are in addition to any other remedies provided by law or this code for enfoR.ment or this chapter.