HomeMy WebLinkAbout2012-02-22 CC Packet CITY OF CENTERVILLE COUNCIL
tervitCe MEETING AGENDA
Eqtabh,i,cd "S' Wednesday, February 22, 2012
6:30 p.m. or shortly thereafter
OPEN FORUM 6:30 p.m.: An opportunity for members of the public to address the City Council on items not on
the current agenda. Items requiring Council action may be deferred to staff or Boards and Commissions for
research and future Council Agendas if appropriate. You will be limited to two (2) minutes and we ask that you
conduct yourself in a professional, courteous manner, and refrain from the use of profanity. Failure to abide by this
policy may result in the loss of your privilege to speak. Persons wishing to speak will be required to complete a
sign -up sheet and give it to the Mayor or a Staff person by 6:15 p.m.
COUNCIL MEETING
I. CALL TO ORDER
1. Roll Call
II. PUBLIC HEARING(S)
III. APPROVAL OF AGENDA
IV. APPROVAL OF MINUTES
1. February 8, 2012 City Council Meeting Minutes (Pages 1 -6)
V. CONSENT AGENDA
1. City of Centerville February 9, 2012 through February 22, 2012 Claims
(Check #27053- 27073) WNoided Check #27052 (Pages 7 -8)
2. Centennial Lakes Police Department Claims through February 9, 2012
(Check #8818 -8803) w /Check #8789 Voided (Page 9)
VI. AWARDS /PRESENTATIONS /APPEARANCES
VII. OLD BUSINESS
1. OnLine Ticket Education System (Update)
VIII. NEW BUSINESS
1. Res. #12 -0XX — Resolution Approving OnLine Ticket Education System
(Pages 10 -13)
2. Request for Letter of Credit Reduction — Mr. Rick Carlson (Hunters
Crossing 3 Addition) (Pages 14 -17)
3. Res. #12 -0XX — Authorizing the Centennial Fire District Chief to Explore
Legislative Changes to Allow for Local Controls of Determination of
Provision on Local Ambulance Services (Pages 18 -19)
4. Ord. #XX, Second Series — Amending City Code, Chapter 51, Adding
Regulations for Illicit Storm Water Discharge & Detection (Pages 20 -28)
IX. ANNOUNCEMENTS /UPDATES
1. City Administrator Larson
a. Trail Project
b. North Metro Television Annual Report & Franchise Fees — $9,595.46
X. ADJOURNMENT
* *REMINDERS **
Planning & Zoning Commission Meeting — March 6, 2012, 5:30 p.in. Council Chambers —
Public Hearing, Chapter 156
City Hall Closed in Observance of President's Day — February 20, 2012
Parks & Recreation Committee Meeting — March 7, 2012, 6:30 p.m. Council Chambers
City Council Meeting — March 14, 2012, 6:30 p.m. Council Chambers
Board of Appeal & Equalization — April 11, 2012, 6:30 p.m. Council Chambers
City Council Meeting — March 28, 2012, 6:30 p.m. Council Chambers
CITY OF CENTERVILLE
CITY COUNCIL MEETING
February 8, 2012
6:30 p.m.
Pursuant to due call and notice thereof, the City of Centerville held their regularly
scheduled meeting of February 8, 2012, at City Hall, 1880 Main Street.
PRESENT: Mayor Tom Wilharber
Council Member Ben Fehrenbacher
Council Member Steve King @
Council Member D. Love (}
Council Member Jeff Paar
ABSENT: None
STAFF: City Administrator Dallas Larson
City Attorney Kurt Glaser
City Engineer Mark Statz
I. CALL TO ORDER
Mayor Wilharber called the meeting to order at 6:30 p.m.
II. PUBLIC HEARING(S)
None
III. APPROVAL OF AGENDA
The Mayor reviewed the Set Agenda with Council.
(Check #27028 - 27047) WNoided Checks #26925 & 26927 & (Check #27048 - 27051)
WNoided Check #27029 - Page 6a) and addition of pages 49a -49d under Old Business,
Request for Proposals.
Motion by Council Member Paar, seconded by Council Member Love, to approve
the Agenda as presented. All in favor. Motion carried unanimously.
IV. APPROVAL OF MINUTES
1. January 25, 2012 City Council Meeting Minutes
The Mayor requested that a correction be made on Page 3 regarding the attendance of the
Rush Line Corridor meeting and that clarification that he and Council Member
1
City of Centerville
Council Meeting Minutes
February 8, 2012
Fehrenbacher different meetings where I -35E work had come up for discussion.. At both
meetings, discussions were had regarding the proposed MnPass and Park and Ride
proj ects.
Motion by Council Member Fehrenbacher, seconded by Council Member King, to
approve the January 25, 2012 City Council Meeting Minutes with the above stated
corrections. All in favor. Motion carried unanimously.
V. CONSENT AGENDA
1. City of Centerville January 26, 2012 through February 8, 2012 Claims
(Check #27028 - 27047) W/Voided Checks #26925 & 26927 & (Check
#27048 - 27051) W/Voided Check #27029
2. Centennial Fire District Claims through February 2, 2012 (Check #5164-
5170 Payroll & Check #5171 -5201) W/Voided Check #4615
3. Centennial Lakes Police Department Claims through January 26, 2012
(Check #8782 -8803) W/Voided Check #8737
4. Insurance Liability Coverage Waiver Form & The City's Desire Not to
Waive Monetary Limits on Municipal Tort Liability.
Council Member King requested that Item #4 be removed for further discussion.
Motion by Council Member Fehrenbacher, seconded by Council Member Love, to
approve the Consent Agenda Items #1 -3 as presented. All in favor. Motion carried
unanimously.
Council Member King requested additional information regarding this item and
clarification.
Administrator Larson explained that Minnesota Statutes provides maximum liability
protections to cities. The City has the option to waive the statutory limits which would
then increase the limit to the insurance threshold of $1,500,000 per occurrence. The city
normally does not waive the statutory limits.
Motion by Council Member Paar, seconded by Council Member Love, to approve
Consent #4 as presented. All in favor. Motion carried unanimously.
VI. AWARDS /PRESENTATIONS /APPEARANCES
1. Ms. Debra Barnes, The Citizen Editor — "Requester Campaign"
Managing Editor Ms. Barnes stated that a post card was placed in the most recent edition
of the Citizen. Ms. Barnes explained that the "Requester Campaign" is being initiated by
Page 2 of 6
2
City of Centerville
Council Meeting Minutes
February 8, 2012
the Citizen to attempt to provide mailing of the newspaper more economically. Ms.
Barnes also explained that individuals that desire to continue to receive the Citizen via
mail service may complete the post card and return via mail or complete the same
document on -line at their web site. Ms. Barnes explained that the post cards will be
placed in their next issue also.
Mayor Wilharber complemented the Citizen for accurately reporting news and requested
that residents complete and return the card.
VII. OLD BUSINESS
1. Centerville Lions Equipment Lease Agreement — Concession Trailer
Administrator Larson reported that the previous meeting's requested modifications were
included in the presented agreement.
Motion by Council Member Love, seconded by Council Member Paar, to approve
the Centerville Lions Equipment Lease Agreement — Concession Trailer as
presented. Wilharber abstained due to being Treasurer of Club. Motion carried.
2. Request for Proposals — Surface Water Management Plan Update
a. Stantec
b. WSB
Administrator Larson stated that upon Council's direction, Administrator Larson
forwarded three requests to firms that are currently completing work within the Rice
Creek Watershed District and two responded. Staff's recommendation would be the
lowest bidder, Stantec.
Motion by Council Member Fehrenbacher, seconded by Council Member Love, to
approve Stantec's proposal to complete the required Surface Water Management
Plan per the submitted proposal. All in favor. Motion carried unanimously.
VIII. NEW BUSINESS
1. Approving Building Inspection Services Agreement w /City of Lexington
Administrator Larson stated that five (5) cities, (Centerville, Circle Pines, Columbus,
Lexington and Lino Lakes) have been collaborating to provide services more efficiently
and economically. Through that process, the City of Lexington has expressed interest in
working jointly with the City of Centerville to provide building inspection services.
Administrator Larson briefly reviewed the agreement with Council and reported that the
City of Lexington had not approved the agreement at this time; however, staff requested
Page 3 of 6
3
City of Centerville
Council Meeting Minutes
February 8, 2012
that Council approve it. Administrator Larson stated that he and Mr. Palzer believe that
providing this service would be a good cooperative measure, although revenue is
minimal, it will not harm or delay any services provide to Centerville residents. Attorney
Glaser stated that Lexington has very minimal buildable land so that most of the
inspector's time would be for property/building code enforcement and remodeling, deck,
etc. permits. Administrator Larson stated if Lexington desired modifications to the
presented agreement, those modifications would be brought back to Council for
consideration.
Motion by Council Member King, seconded by Council Member Paar, to approve
the Building Inspection Services Agreement w /City of Lexington subject to their
approval as presented. All in favor. Motion carried unanimously.
2. Approve Participation in Joint Grant — RCWD (Salt Brine System)
Administrator Larson again discussed the five (5) City collaboration and discussions
regarding roadway deicing and environmental concerns. One component being
considered by all of the other cities is using salt -brine as an anti -icing measure. An
outcome would be to use the minimal amount of chemicals while still providing safe
streets. Administrator Larson stated that the group felt that submitting a joint application
for a grant to Rice Creek Watersheed District would benefit all communities, bringing
larger attention to the project(s) and gain more potential for approval.
Lengthy discussion ensued regarding the benefits, current equipment, additional
equipment, neighboring communities' desire to participate in the program and their needs
for equipment purchases. Discussion also ensued regarding effectiveness of the brine
solution, ease of use and cost savings compared to rock salt.
Administrator Larson stated that it was the desire of Staff to purchase a larger storage
tank for the solution and training for the most proficient mixture and application of the
brine solution. Administrator Larson stated that studies in other locations have shown
that the application of the brine solution reduces costs by 30% versus rock salt.
Motion by Council Member Fehrenbacher, seconded by Council Member Love, to
approve the Participation in the Joint Grant — RCWD in regards to the Salt Brine
System Utilized to Deliver Winter Safe Road Way Passage as presented. All in
favor. Motion carried unanimously.
IX. ANNOUNCEMENTS/UPDATES
1. City Administrator
Page 4 of 6
4
City of Centerville
Council Meeting Minutes
February 8, 2012
Administrator Larson reported that the Police Governing Board will be meeting next
week and intends on recommending the implementation of the on -line ticket education
program to the three (3) member cities.
Administrator Larson reported that Anoka County had removed the entrance monuments
to the Lakeland Hills Development when they widened CSAH14/Main Street and are
now agreeing to pay for the reconstruction of them if the City is willing to assume the
responsibility of a homeowner association.
Discussion ensued regarding placement within the road right -of -way, City Code
restrictions, alternate available placements, public safety and maintenance. No decisions
were made.
Administrator Larson reported that the engineer from the City of Lino Lakes had
submitted cost estimates to the two (2) affected property owners and they have agreed to
the assessments associated with the 21 Avenue Park & Ride and associated municipal
improvements (water and sewer extensions). Administrator Larson stated that
assessment agreements will be drafted along with a Joint Powers Agreement between the
cities for the project to follow. These should come before the Council in the next month
or two.
Administrator Larson also reported that they City had received the funding from
CenterPoint Energy to reimburse the City for the Shovel Ready program entrance fee.
Administrator Larson requested Council's direction regarding the commercial survey that
had been previously discussed and reported that the list is up to date; however, no further
information was given as to procedures for going forward. Administrator Larson stated
that maybe a Work Session following a regular Council meeting should be organized to
discuss this. Also, it was suggested to meet with the Beard Group regarding the status of
the Downtown Redevelopment Project. Council also stated that a Joint session with
Committee's was also needed. Staff was directed to organize a Work Session and report
back.
Mayor Wilharber stated that the Rice Creek Watershed District was again looking for an
appointment to their Citizen Advisory Committee and if any resident was interested to
visit their web site for an application.
Legal Counsel reported that the Centennial Lakes Police Department has been trained on
the e- Charging system.
Council Member King reported that the Parks Committee would be holding their Winter
Family Fun Night at Laurie LaMotte Park on Saturday and the Committee is continuing
Page 5 of 6
5
City of Centerville
Council Meeting Minutes
February 8, 2012
to discuss trail signage. Council Member King also thanked those who attended the
recent caucuses.
Mayor Wilharber thanked Staff for their continued efforts in collaborating with
neighboring communities which has proven to be successful in the potential for the salt
brine project, building inspections and secretarial services.
Council Member Love reported that he attending the most recent Fire Steering meeting
and stated that Chief Streich has proposed to have duty crews of three (3) firefighters
work daily shifts due to most firefighters participating in daytime employment and away
from their local station. Council Member Love also stated that the Department would
like to provide ambulance service in the future, since the Fire Department usually arrives
prior to an ambulance, transporting the patient would be a logical next step. The
Legislature would need to approve local authority to make this decision. A resolution for
preliminary Council support would be forthcoming. Mayor Wilharber stated that Chief
Streich would be attending an upcoming meeting to review this and the staffing situation
of the Department.
Council Member Love reported that the Planning and Zoning Commission scheduled a
public hearing for their next meeting to obtain public input regarding Code modification
to the Commercial district relating to conditional uses.
X. ADJOURNMENT
Motion by Council Member Paar, seconded by Council Member King, to adjourn
the City Council Meeting of February 8, 2012 at 7:26 p.m.. All in favor. Motion
carried unanimously.
Transcribed by Staff Member, Teresa Bender, City Clerk
Page 6 of 6
6
LA I T ur 4CI4 I CKV ILLC 02/17/12 12:53 PM
Page 1
Check Detail — February 22, 2012
Check Check
•
Date # Vender Name Comments Amount
2/17/2012 000260E MINNESOTA DEPT OF REVENUE PAY PERIOD 4 STATE PAYROLL TAXES $1.016.72
Check Nbr 000260 MINNESOTA DEPT OF REVENUE $1,016.72
2/17/2012 000261E IRS /EFTPS PAY PERIOD 4 - FED W/H $2,542.97
2/17/2012 000261E IRS /EFTPS PAY PERIOD 4 - FICA W/H $2.715.44
Check Nbr 000261 IRS /EFTPS $5,258.41
2/17/2012 000262E WELLS FARGO H.S.A. PAYABLE - PAY PERIOD 4 $1.327.08
Check Nbr 000262 WELLS FARGO $1,327.08
2/17/2012 000263E PERA PERA W/H PAY PERIOD 4 $2.776.41
Check Nbr 000263 PERA $2,776.41
2/7/2012 000264E REV - TRAK - MERIDIAN BANK CONVENIENCE FEES $15.34
Check Nbr 000264 REV - TRAK - MERIDIAN BANK $15.34
2/22/2012 027053 AMERICAN FLAGPOLE & FLAG CO. FLAG POLE PARTS $54,72
Check Nbr 027053 AMERICAN FLAGPOLE & FLAG CO. $54.22
2/22/2012 027054 ANOKA COUNTY PROPERTY RECORDS TRUTH IN TAXATION $393.98
2/22/2012 027054 ANOKA COUNTY PROPERTY RECORDS TIF $526.06
2/22/2012 027054 ANOKA COUNTY PROPERTY RECORDS SPECIAL ASSESSMENTS $1.559.95
Check Nbr 027054 ANOKA COUNTY PROPERTY RECORDS $2,479.99
2/22/2012 027055 ANOKA COUNTY TREASURY DEPT. ANNUAL RENEWAL OF GIS DATABASE LICENSE AGREEMENT $750.00
C Ibr 027055 ANOKA COUNTY TREASURY DEPT. $250.00
2/22/2012 027056 CENTENNIAL LAKES POLICE DEPT POLICE SERVICES -FEB. 2012 - SHORTAGE $50.00
Check Nbr 027056 CENTENNIAL LAKES POLICE DEPT $50.00
2/22/2012 027057 CENTERMART FUEL $191.27
Check Nbr 027057 CENTERMART $191.27
2/22/2012 027058 DELTA DENTAL COBRA - $29.20
2/22/2012 027058 DELTA DENTAL MARCH 2012 DENTAL INS. $431.15
Check Nbr 027058 DELTA DENTAL $401.95
2/22/2012 027059 HD SUPPLY WATERWORKS LTD 3/4" REGISTER - METER PARTS $246.56
2/22/2012 027059 HD SUPPLY WATERWORKS LTD WATER METERS & PARTS $1.477.13
heck Nbr 027059 HD SUPPLY WATERWORKS LTD $1,673.69
2/22/2012 027060 HEALTH PARTNERS MARCH 2012 HEALTH INS. $4,750.00
2/22/2012 027060 HEALTH PARTNERS MARCH 2012 HEALTH INS. - CREDIT - A. ANDERSON - $360.141
heck Nbr 027060 HEALTH PARTNERS $4,389.82
2/22/2012 027061 INSTRUMENTAL RESEARCH INC JAN. 2012 WATER TEST $38.00
heck Nbr 027061 INSTRUMENTAL RESEARCH INC $38.00
2/22/2012 027062 INTERNATIONAL UNION OF OPERATI UNION DUES FOR MARCH 2012 $96.00
:heck Nbr 027062 INTERNATIONAL UNION OF OPERATI $96.00
2/22/2012 027063 JEZIORSKI, MIKE MILEAGE REIMBURSEMENT $35.85
br 027063 ]EZIORSKI, MIKE $35.85
2/22/2012 027064 KILLMER ELECTRIC SERVICE CABINET H1T(DAMAGED), REPAIRED ON SITE $721.93
:heck Nbr 027064 KILLMER ELECTRIC $721.93
7
LA I Y OF (:tN I tRVILLt 02/17/12 12:53 PM
Page 2
Check Detail - February 22, 2012
Check Check
Date # Vender Name Comments Amount
2/22/2012 027065 KONICA MINOLTA BUSINESS SOLUTI SERV. CONTRACT FOR COPIER AT CITY HALL $348.42
Check Nbr 027065 KONICA MINOLTA BUSINESS SOLUTI $348.42
2/22/2012 027066 LEAGUE OF MN CITIES INS TRUST WORKER'S COMP INSURANCE THRU 3 -13 -13 $1,870.20
2/22/2012 027066 LEAGUE OF MN CITIES INS TRUST WORKER'S COMP INSURANCE THRU 3 -13 -13 $60.14
2/22/2012 027066 LEAGUE OF MN CITIES INS TRUST WORKER'S COMP INSURANCE THRU 3 -13 -13 $54.55
2/22/2012 027066 LEAGUE OF MN CITIES INS TRUST WORKER'S COMP INSURANCE THRU 3 -13 -13 $323.87
2/22/2012 027066 LEAGUE OF MN CITIES INS TRUST WORKER'S COMP INSURANCE THRU 3 -13 -13 $255.14
2/22/2012 027066 LEAGUE OF MN CITIES INS TRUST WORKER'S COMP INSURANCE THRU 3 -13 -13 $6,321.91
2/22/2012 027066 LEAGUE OF MN CITIES INS TRUST WORKER'S COMP INSURANCE THRU 3 -13 -13 $107.38
2/22/2012 027066 LEAGUE OF MN CITIES INS TRUST WORKER'S COMP INSURANCE THRU 3 -13 -13 $842.75
2/22/2012 027066 LEAGUE OF MN CITIES INS TRUST WORKER'S COMP INSURANCE THRU 3 -13 -13 $1,358.19
2/22/2012 027066 LEAGUE OF MN CITIES INS TRUST WORKER'S COMP INSURANCE THRU 3 -13 -13 $2,659.69
2/22/2012 027066 LEAGUE OF MN CITIES INS TRUST WORKER'S COMP INSURANCE THRU 3 -13 -13 $1,450.97
2/22/2012 027066 LEAGUE OF MN CITIES INS TRUST WORKER'S COMP INSURANCE THRU 3 -13 -13 $38.66
2/22/2012 027066 LEAGUE OF MN CITIES INS TRUST WORKER'S COMP INSURANCE THRU 3 -13 -13 $54.55
Check Nbr 027066 LEAGUE OF MN CITIES INS TRUST $15,398.00
2/22/2012 027067 MAMA 2012 MEMBERSHIP DUES FOR MAMA $45.00
Check Nbr 027067 MAMA (Metropolitan Area Management Association) $45.00
2/22/2012 027068 MET. COUNCIL ENV. SERV. (SDS) WASTE WATER SERVICE THRU MARCH 2012 $15.769.71
Check Nbr 027068 MET. COUNCIL ENV. SERV. (SDS) $15,769.71
2/22/2012 027069 NATIONWIDE RETIREMENT SOLUTION DEF COMP - PAY PERIOD 04 $160.00
Check Nbr 027069 NATIONWIDE RETIREMENT SOLUTION $160.00
2/22/2012 027070 PALZER, PAUL MILEAGE REIMBURSMENT FOR SALT SEMINAR IN CHASKA $50.51
Check Nbr 027070 PALZER, PAUL $50.51
2/22/2012 027071 UNIQUE PAVING MATERIALS BULK WINTER MIX - ASPHALT $172.28
Check Nbr 027071 UNIQUE PAVING MATERIALS $172.28
2/22/2012 027072 VERIZION WIRELESS CELL PHONE - SERV THRU 02 -09 -12 $46.56
2/22/2012 027072 VERIZION WIRELESS CELL PHONE - SERV THRU 02 -09 -12 $46.57
2/22/2012 027072 VERIZION WIRELESS CELL PHONE - SERV THRU 02 -09-12 $46.57
2/22/2012 027072 VERIZION WIRELESS CELL PHONE - SERV THRU 02 -09 -12 $93.13
2/22/2012 027072 VERIZION WIRELESS CELL PHONE - SERV THRU 02 -09 -12 $46.5
heck Nbr 027072 VERIZION WIRELESS $279.39
2/22/2012 027073 XCEL ENERGY 7098 CENTERVILLE RD - SERV THRU 2 -6 -12 $10.19
2/22/2012 027073 XCEL ENERGY 1601 LAMOTTE DR - SERV THRU 2 -6 -12 $30.96
2/22/2012 027073 XCEL ENERGY STREET LIGHTS - SERV THRU 2 -6 -12 $2,240.03
2/22/2012 027073 XCEL ENERGY 1875 FOX FUN - PUMP - SERV THRU 2 -6 -12 $153.89
2/22/2012 027073 XCEL ENERGY 1600 LAMOTTE DR - WARMNG HOUSE - SERV THRU 2 -6 -12 $23.54
2/22/2012 027073 XCEL ENERGY 7300 MILL RD - SERV THRU 2 -6 -12 $135.15
2/22/2012 027073 XCEL ENERGY 1889 CENTER ST - SEWER LIFT - SERV THRU 2 -6 -12 $19.15
2/22/2012 027073 XCEL ENERGY 1600 LAMOTTE DR - BALLFIELD LIGHTS - SERV THRU 2 -6 -12 $10.17
2/22/2012 027073 XCEL ENERGY 6970 LAMOTTE DR - SERV THRU 2 -6 -12 $287.00
2/22/2012 027073 XCEL ENERGY 7285 MAIN ST - SERV THRU 2 -6 -12 $57.85
:heck Nbr 027073 XCEL ENERGY $2,967.93
Total Checks $55,967.92
8
CENTENNIAL LAKES POLICE DEPT Check Register - Police GL without invoice numbers Page: 1
Check Issue Dates: 2/1/2012 - 2/9/2012 Feb 09, 2012 11:40AM
eport Criteria:
Report type: Summary
GL Check Ck No Description Check
Period Issue Date Payee Amount
02/12 02/09/2012 8789 DEPUTY REGISTRAR #150 LICENSE RENEWAL 2011 TAURUS 12.75- V
02/12 02/09/2012 8804 BCA CRIMINAL JUSTICE TRAINING & FALL 2011 TRAINING 680.00
02/12 02/09/2012 8805 CIRCLE PLUMBING, INC BLDG PLMG MTC 540.00
02/12 02/09/2012 8806 CITY CENTER HOTEL LODGING KC 154.52
02/12 02/09/2012 8807 COVERALL OF TWIN CITIES, INC FEB CLEANING SERVICE 798.08
02/12 02/09/2012 8808 DELTA DENTAL MARCH DENTAL NEW RATES 1,336.05
02/12 02/09/2012 8809 DEPUTY REGISTRAR #150 LICENSE RENEWAL 2011 TAURUS 6.50
02/12 02/09/2012 8810 DON'S CIRCLE SERVICE, INC DEC VEH REPAIR 1,132.37
02/12 02/09/2012 8811 FRATTALLONES HARDWARE, INC. EQUIP MTC 34.69
02/12 02/09/2012 8812 IMAGE PRINTING & GRAPHICS, INC BUSINESS CARDS 139.62
02/12 02/09/2012 8813 MICHELLE LAKSO CERT HOURS 1,617.00
02/12 02/09/2012 8814 PETERSON COMPANIES, INC FEB SNOW MTC 949.17
02/12 02/09/2012 8815 SHRED -N -GO, INC SHREDDING SERVICE 66.00
02/12 02/09/2012 8816 PAUL H STEFFEL INS AGENT OF RECORD 1,200.00
02/12 02/09/2012 8817 TELECIDE PRODUCTIONS, INC COMPUTER MTC /SUPPORT 375.00
02/12 02/09/2012 8818 UNIFORMS UNLIMITED, INC UNIFORMS 1,632.71
Grand Totals: 10,648.96
M = Manual Check, V = Void Check
9
RES. #
A RESOLUTION APPROVING AN ONLINE TICKET EDUCATION SYSTEM
WHEREAS, the City of Centerville participates in a Joint Powers Agreement with the cities of Circle Pines and
Lexington which created the Centennial Lakes Police Department; and
WHEREAS, the Centennial Lakes Police Department uses education as a means to promote public safety; and
WHEREAS, the Department would like to use emerging technology to educate offenders on an individual
basis; and
WHEREAS, the prosecutor for the cities of Centerville and Lexington has developed and tested an on -line
ticket education system through his subsidiary, Municipal Legal Services to provide public safety education to
offenders on an individualized basis; and
WHEREAS, the Governing Board of Centennial Lakes Police Department supports implementing the
alternative ticket education system, subject to policies and procedures that are attached hereto as Exhibit A.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY of
CENTERVILLE, MINNESOTA, as follows:
1. The Council hereby approves implementing the ticket education system as proposed by the Centennial
Lakes Police Department Governing Board.
2. The Council hereby approves the policies attached hereto as Exhibit A.
3. The Council hereby authorizes the Governing Board to enter into an agreement with Municipal Legal
Services for operation of the ticket education system, subject to the approval of the City administrator
and City Attorney.
4. The Governing Board shall analyze the results of the program in twelve months and shall report the
results to the City Council including any recommendations for changes that might be needed to the
program.
Adopted by the City Council this day of , 2011.
Tom Wilharber, Mayor
Attest:
Teresa Bender, City Clerk
10
EXHIBIT A
PROGRAM POLICIES AND USER AGREEMENT
PLEASE READ VERY CAREFULLY THESE PROGRAM POLICIES AND THE USER
AGREEMENT BEFORE APPLYING FOR THIS PROGRAM. PARTICIPATION IN THE TICKET
EDUCATION PROGRAM OR VIOLATIONS BUREAU ( "PROGRAM ") INDICATES THAT YOU
ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND
CONDITIONS, PLEASE DO NOT APPLY FOR OR PARTICIPATE IN THESE PROGRAMS.
Program Policies
1) The following offenses are eligible for use under the Program: All statutory petty misdemeanor
offenses from the Statewide Payables List authored by Minnesota State Court Administration (for
example, Speeding Tickets), and violations of municipal ordinances from Cities served by
Municipal Legal Services ( "MLS ") (for example, Junk Vehicle violations).
2) A person may only use the Ticket Payment Program once in a twelve month period.
3) The Program shall cost no more than the amount of a fine payment for a comparable offense.
4) The cost of the Program is broken into two elements: a fee for each offense appearing on the
citation plus a single fee to participate in the Program. These fees are set forth in the Fee
Schedule adopted by the participating Cities, and this document is available at
http:// www. payyourticket .org /programcosts.html.
5) Payment of the offense fee(s) and the program fee are due in full before the educational
component will be provided to the offender.
6) The Program may not impose fees which exceed the maximum statutory fine for the offenses
charged by the citation issued to the offender.
7) The Program may not impose any condition which could not otherwise be imposed as a condition
of court- ordered probation.
8) Completion of the Program is based on the achievement of an objective (i.e. education or other
stated goal).
9) The Program must be completed prior to the defendant's arraignment.
10) The prosecutor may not request the court to reschedule a defendant's arraignment for the purpose
of allowing them to complete the requirements of a ticket payment program. However, a
defendant may request rescheduling of their arraignment pursuant to District Court policy.
11) The prosecutor may not `continue' a charge as a condition of the Program. The decision to
dismiss a case lies within the prosecutor's discretion. There is no suspension of prosecution.
12) Where appropriate, the prosecutor will make every reasonable effort to notify and seek input from
any victim before employing the Program for certain offenses.
11
13) Offenses involving accidents, endangerment, or committed by persons with Commercial drivers
licenses are not eligible for this Program.
14) These policies are subject to change without notice.
User Agreement With Offender
1. Introduction. This agreement ( "Agreement ") between you and Municipal Legal Services
( "MLS ") consists of the Ticket Education Program or the Municipal Violations Bureau
( "Program ") policies and this User Agreement. A description of the Program is available at the
Education Program Info URL located at http:// www. payyourticket .org/programinfo.html or other
such URL as MLS may provide from time to time. "You" means any entity identified in the
application form submitted by the same or affiliated person, or agent acting on your behalf, which
shall also be bound by the terms of this Agreement.
2. Purpose. The mission of MLS is to provide relevant public safety education or objectives to
offenders through an automated web application allowing offenses to remain unreported from a
driving record. To achieve our mission, we make services available online and on your mobile
phone to help educate you regarding traffic safety or the laws of Minnesota.
3. Scope and Intent. You agree that by applying for this Program you are entering into a legally
binding agreement with MLS. Only persons 18 years old or older may participate in the Programs
provided by MLS. Any participant 17 years of age or younger must obtain permission from their
parent or legal guardian before participating in this Program, and other requirements or
exclusions may apply.
4. Program Participation. Participation in this Program is subject to MLS's approval and your
continued compliance with the Program policies and requirements. MLS reserves the right to
refuse participation to any applicant or participant at any time and that decision is within its sole
discretion. The Program's fees and costs are set in a Fee Schedule adopted by the participating
Cities, and this schedule may be revised by them at any time and without notice.
5. Parties Responsibilities. You are required to complete all of the program requirements, including
but not limited to paying the fees, completing the educational seminar and testing, or meeting
specific objectives. MLS shall dismiss the citation prior to your court date once the requirements
are complete.
6. Termination; Cancellation. No refunds will be given after the fees have been paid. You must
complete the program requirements otherwise you forfeit the fees you have paid.
7. Program Requirements. You understand and agree that the Program features may vary. Use of the
Program depends on the offense(s) cited by law enforcement. You understand and agree that
successful completion of this Program requires compliance with the terms and conditions set
forth in the Program Policies.
12
8. Tennessen Warning. MLS will use the information provided on an application to determine if you
meet the qualifications for the Program. You are not legally required to provide any of the
requested information. Failure to provide information, however, will result in the denial of your
application. Submitting false information is grounds for denying your application. All data
submitted on the application, including your name and address, are considered public data.
Certain information on your application may be provided to the State of Minnesota, Anoka
County District Court, Department of Public Safety, any police department or city which utilizes
this Program, or other governmental agencies as required.
9. Consent to Use of Data. You agree that MLS may collect and use biographical information,
including but not limited to your address and city of offense that is gathered periodically to
facilitate the Program and other services to other communities. MLS may use this data to improve
its products or services as long as it is in a form that does not personally identify you.
10. Indemnification. You indemnify us and hold us harmless for all damages, losses and costs
(including, but not limited to, reasonable attorneys' fees and costs) related to all third party
claims, charges, and investigations, caused by (1) your failure to comply with this Agreement,
including, without limitation, your submission of content that violates third party rights or
applicable laws, (2) any content you submit to the Services, and (3) any activity in which you
engage on or through MLS.
13
MEMORANDUM
To: Mayor & City Council
From: Dallas Larson, City Administrator, and Kurt Glaser, City Attorney
Date: February 16. 2012
RE: Richard Carlson /Hunters Crossing III — modification of financial security requirements of
development agreement with City
Recommendation:
Staff recommends granting Mr. Carlson's request to release some of its financial security as
required by the development agreement with the City, and that the Council enter into the attached
Agreement. The specific recommendation is contained later in this memo.
Discussion:
Given the effect of the economic downturn on housing construction within the City, it is in the
City's best interests to assist Developers where possible. The Carlson request to modify the financial
security requirements of the development agreement is a good example where the City can make
reasonable accommodations to help reduce the carrying cost of undeveloped properties. The economy
has greatly increased the amount of time undeveloped will remain on the market — and this increases
costs to developers. This increased time on the market can also lead to problems for the City.
As properties remain vacant or undeveloped, irresponsible developers may not maintain their
property. Properties sold by the developer to 'investment' buyers still present the same potential
problems once construction finally begins. Accordingly, any change to a developer's financial security
requirements cannot increase the financial risk to the City. In the Carlson request, Staff considered
several factors before reaching its conclusion that some lower amount of financial security would be
appropriate in this case. This conclusion is not universal for all developers who may seek a similar
reduction. The principals considered in this case could be used as a general guide in the future if other
developers seek relief from the City. Those principals where:
• Of the forty -four lots originally part of this development, twenty -seven remain undeveloped and
owned by the Developer.
• Several of the lots that were sold are being developed by builders where security to assure
proper lot maintenance is placed with the city at the same time as building permit fees are paid.
• The developer has five lot sales pending.
• By entering into the attached Agreement, there is low risk to the City for partial release of
developer's security because covenants connected to each lot sold to an investment owner
allow the City to enforce the development agreement or Code violations against them and /or
the developer.
• In the event of the failure of the developer to maintain the property, the city has the option of
specially assessing the costs incurred.
• The developer has quickly resolved all maintenance issues that have been brought to his
attention by the city.
• The developer has no history of Code violations or violations of the development agreement.
• The calculation of required security takes into account past developer performance and the
relative risk that the city might incur costs associated with the remaining lot development, as
well as the total dollar amount of security relative to the remaining responsibility of the
developer under the terms of the agreement.
Page 1 of 2
14
RECOMMENDATION: Staff recommends a modest decrease in the letter of credit at this time, from
$300,000 down to $250,000. Upon completion of pending lot sales such that not more than one -half of
the development lots remain (22 of the original 44 lots), staff recommends reducing the amount of the
financial security to $194,000, upon proof of payment of special assessments on the pending sales.
Page 2 of 2
15
LETTER OF CREDIT - CARLSON
Cost of Private Improvements, description: Unit Cost
Number of Lots Remaining 26
a. Lot access - gravel & silt fencing
44 Lots @ $500.00 each 500 $ 13,000.00
b. Street name signs
approximately 2 @ $250.00 each Complete
c. Traffic signs, stop signs, etc. Complete
approximately 3 @$250.00 each
d. Trail markers Complete
approximately 1 @$150.00 each
e. Street sweeping
10 each @$250.00 each 2500 $ 2,500.00
f. Signage and barricades Complete
1 @$250.00 each
g. Flushing of storm sewers, once per year until 1000 $ 1,000.00
all lots are built upon
h. Snowplow service of streets
approximately 20 @ $100.00 2000 $ 2,000.00
i. Shade trees (balled and burlapped) 2 per
lot or 4 per corner lot (94 Total) at $225.00 per tree 450 $ 11,700.00
j. Final Grade /Sod/Curbstop @ $3,500.00 per lot 1500 $ 39,000.00
Subtotal $ 69,200.00
Guarantee of Special Assments(3 yrs Installments)
$2293.29/lot per year through 2013 6879.87 $ 178,876.62
Total Requirement $ 248,076.62
Letter of Credit Amount $250,000
16
LETTER OF CREDIT - CARLSON
Cost of Private Improvements, description: Unit Cost Unit Cost
Reduced
Number of Lots Remaining 22
a. Lot access - gravel & silt fencing
44 Lots @ $500.00 each 500 250 $ 5,500.00
b. Street name signs
approximately 2 @ $250.00 each Complete
c. Traffic signs, stop signs, etc. Complete
approximately 3 @$250.00 each
d. Trail markers Complete
approximately I @$150.00 each
e. Street sweeping
10 each @$250.00 each 2500 $ 2,500.00
f. Signage and barricades Complete
1 @$250.00 each
g. Flushing of storm scwcrs, oncc per ycar until 1000 $ 1,000.00
all lots are built upon
h. Snowplow service of streets
approximately 20 @ $100.00 2000 $ 2,000.00
i. Shade trees (balled and burlapped) 2 per
lot or 4 per corner lot (94 Total) at $225.00 per tree 450 $ 9,900.00
j. Final Grade /Sod /Curbstop @ $3,500.00 per lot 1500 1000 $ 22,000.00
Subtotal $ 42,900.00
Guarantee of Special Assments(3 yrs Installments)
$2293.2911ot per year through 2013 6879.87 $ 151,357.14
Total Requirement $ 194,257.14
Letter of Credit Amount $194,000
17
RESOLUTION NO. 12 -0
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF CENTERVILLE
A RESOLUTION AUTHORIZING THE CENTENNIAL FIRE DISTRICT CHIEF TO
EXPLORE LEGISLATIVE CHANGES TO ALLOW FOR LOCAL CONTROL OF
DETERMINATION OF PROVISION ON LOCAL AMBULANCE SERVICES
WHEREAS, the City of Centerville participates in a joint powers agreement with the
cities of Lino Lakes and Circle Pines that created Centennial Fire District to provide emergency
fire and first response medical service, and
WHEREAS, the Centennial Fire District has provided medical services to the residents
of its member communities since 1985; and
WHEREAS, the Centennial Fire District is recognized for a high level of medical
services providing at a minimum an EMT level response to all medical calls; and
WHEREAS, the Centennial Fire District responds to over 680 medical calls a year; and
WHEREAS, the Centennial Fire District is typically at the scene before an ambulance
provider; and
WHEREAS, the Centennial Fire District has assessed its capabilities and believes it
could provide more timely transport of patients as ambulance provider for the community; and
WHEREAS, there are Legislative hurdles to the ability to make a local decision on
ambulance services; and
WHEREAS, the City is in the best position to make a determination about the provision
of local ambulance services.
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of
Centerville in Anoka County as follows:
1. That the Centennial Fire District Chief is given direction and authority to meet
with other interested cities in developing Legislative changes to allow for the
local control of the decision for provision of ambulance services.
2. That the Centennial Fire District Chief is given direction and authority to work
with local Legislative members in developing appropriate Legislation to give the
cities that right to determination.
3. Subsequent to the Legislature granting authority for local determination of the
ambulance provider, Centennial Fire District shall submit a service plan and
recommendation to the city for a decision.
4. The City acknowledges that an affirmative determination by each of the three
cities will be required before implementation could begin.
18
Adopted this 22nd Day of February, 2012, by the City Council of the City of Centerville.
Tom Wilharber, Mayor
Dallas Larson, City Administrator (SEAL)
19
CITY OF CENTERVILLE
ANOKA, MINNESOTA
ORDINANCE #
SECOND SERIES
AN ORDINANCE AMENDING CITY CODE ADDING REGULATIONS FOR ILLICIT
STORM WATER DISCHARGE AND DETECTION
THE CITY COUNCIL OF THE CITY OF CENTERVILLE ORDAINS:
Section 1. The City Code Chapter 51 is hereby amended by inserting new sections 51.20 through
51.34 to read as follows:
§ 51.20 FINDINGS AND PURPOSE
The city council hereby finds that nonstormwater discharges to the city's municipal
separated storm sewer system are subject to higher levels of pollutants that enter into receiving
water bodies adversely affecting the public health, safety and general welfare by impacting water
quality, creating nuisances, impairing other beneficial uses of environmental resources and
hindering the ability of the city to provide adequate water, sewage, flood control and other
community services.
The purpose of the ordinance is to promote, preserve and enhance the natural resources
within the city and protect them from adverse effects occasioned by nonstormwater discharges
by regulating discharges that would have an adverse and potentially irreversible impact on water
quality and environmentally sensitive land.
§ 51.21- DEFINITIONS.
The following words, terms and phrases, when used in this chapter shall have the meanings
ascribed to them in this section, except when the context clearly indicates a different meaning:
BEST MANAGEMENT PRACTICE OR BMP. Erosion and sediment control and water quality
management practices that are the most effective and practicable means of controlling,
preventing, and minimizing degradation of surface water, including construction- phasing,
minimizing the length of time soil areas are exposed, pro hibitions, and other management
practices published by state or designated area -wide planning agencies.
DISCHARGE. Adding, introducing, releasing, leaking, spilling, casting, throwing, or emitting
any pollutant, or placing any pollutant in a location where it is likely to pollute public waters.
EROSION. The process by which ground surface is worn away by action of wind, water, ice, or
gravity.
GROUNDWATER. Water contained below the surface of the earth in the saturated zone
including, without limitation, all waters whether under confined, unconfined, or perched
-1-
20
conditions, in near surface unconsolidated sediment or in rock formations deeper underground.
ILLICIT CONNECTION. Either of the following:
(A) Any drain or conveyance, whether on the surface or subsurface, which allows an
illegal discharge to enter the storm drain system (including any nonstormwater discharge)
including sewage, process wastewater, and wash water and any connections to the storm
drain system from indoor drains and sinks, regardless of whether the drain or connection
had been previously allowed, permitted, or approved by an authorized enforcement agency;
or
(B) Any drain or conveyance connected from a residential, commercial or industrial land
use to the storm drain system which has not been documented in plans, maps, or equivalent
records and approved by an authorized enforcement agency.
ILLICIT DISCHARGE. Any direct or indirect nonstormwater discharge to the storm sewer
system, except as exempted herein in section 51.24(B).
MPCA. The Minnesota Pollution Control Agency.
MUNICIPAL SEPARATE STORM SEWER SYSTEM OR MS4. The system of conveyances
(including sidewalks, roads with drainage systems, municipal streets, catchbasins, curbs, gutters,
ditches, manmade channels, or storm drains) owned and operated by the city and designed or
used for collecting or conveying stormwater, and which is not used for collecting or conveying
sewage.
NPDES. The National Pollutant Discharge Elimination System, which is the program for
issuing, modifying, revoking, reissuing, terminating, monitoring, and enforcing permits under the
Clean Water Act (Section 301, 318, 402, and 405) and United States Code of Federal
Regulations Title 33, Section 1317, 1328, 1342, and 1345 authorizing the discharge of pollutants
to water of the United States.
POLLUTANT. Any substance which, when discharged has potential to or does any of the
following:
(1) Interferes with state designated water uses;
(2) Obstructs or causes damage to public waters;
(3) Changes water color, odor, or usability as a drinking water source through causes not
attributable to natural stream processes affecting surface water or subsurface processes
affecting groundwater;
(4) Adds an unnatural surface film on the water;
(5) Adversely changes other chemical, biological, thermal, or physical condition, in any
surface water or stream channel;
(6) Degrades the quality of ground water; or
-2-
21
(7) Harms human life, aquatic life, or terrestrial plant and wildlife.
POLLUTANT includes but is not limited to dredged soil, solid waste, incinerator residue,
garbage, wastewater sludge, chemical waste, biological materials, radioactive materials, rock,
sand, dust, industrial waste, sediment, nutrients, toxic substance, pesticide, herbicide, trace metal,
automotive fluid, petroleum -based substance, and oxygen - demanding material.
POLLUTE. To discharge pollutants into public waters.
POLLUTION. The direct or indirect distribution of pollutants into public waters.
PUBLIC WATERS. Waters of the state, as defined in Minn. Stat. Sec. 103G.005(15).
STATE DESIGNATED WATER USES. Uses specified in state water quality standards.
STORM SEWER SYSTEM. A conveyance or system of conveyances that is owned and operated
by the city or other entity and designed or used for collecting or conveying stormwater.
STORMWATER. Defined under Minnesota Rule 7077.0105, subpart 41(b), and means
precipitation runoff, stormwater runoff, snow melt runoff and any other surface runoff and
drainage.
SURFACE WATERS. All public waters other than ground waters, which include ponds, lakes,
rivers, streams, tidal and nontidal wetlands, public ditches, tax ditches, and public drainage
systems except those designed and used to collect, convey, or dispose of sanitary sewage.
§ 51.22. ADMINISTRATION.
The city and its authorized representatives are authorized to administer, implement, and
enforce the provisions of this chapter.
§ 51.23 - ILLEGAL DISPOSAL AND DUMPING.
(A) No person shall throw, deposit, place, leave, maintain, or keep any substance upon any
street, alley, sidewalk, storm drain, inlet, catchbasin conduit or drainage structure, business, or
upon any public or private land, so that the same might be or become a pollutant, unless the
substance is in containers, recycling bags, or any other lawfully established waste disposal
device.
(B) No person shall intentionally dispose of grass, leaves, dirt, or landscape material into a
water resource, buffer, street, road, alley, catchbasin, culvert, curb, gutter, inlet, ditch, natural
watercourse, flood control channel, canal, storm drain or any fabricated natural conveyance.
51.24 - Illicit discharges.
(A) No person shall cause any illicit discharge to enter the storm sewer system or any
surface water.
(B) Exemptions. The following discharges are exempt from this section:
-3-
22
(1) Nonstormwater that is authorized by an NPDES point source permit obtain from
the MPCA;
(2) Fire fighting activities or other activities necessary to protect public health and
safety;
(3) Dye testing for which the city has provided a verbal notification prior to the time
of the test;
(4) Water line flushing or other potable water sources;
(5) Landscape irrigation or lawn watering;
(6) Diverted stream flows;
(7) Rising ground water;
(8) Ground water infiltration to storm drains;
(9) Uncontaminated pumped ground water;
(10) Foundation or footing drains (not including active groundwater dewatering
systems);
(11) Crawl space pumps, or sump pumps conforming with section 150.30;
(12) Air conditioning condensation;
(13) Springs;
(14) Noncommercial washing of vehicles;
(15) Natural riparian habitat or wetland flows;
(16) Dechlorinated swimming pools (for pools to be considered "dechlorinated," water
must be allowed to sit seven (7) days without the addition of chlorine to allow for
chlorine to evaporate before discharging in an area where drainage to streets or storm
sewer systems may occur); or
(17) Any other water source not containing a pollutant.
§ 51.25 ILLICIT CONNECTIONS.
No person shall construct, use, or maintain any illicit connection to intentionally convey
nonstormwater to the city's storm sewer system. This prohibition expressly includes, without
limitation, illicit connections made in the past regardless of whether the connection was
permissible under law or practices applicable or prevailing at the time of connection. A person is
considered to be in violation of this chapter if the person connects a line conveying sewage to the
storm sewer system, or allows such a connection to continue.
§§ 51.26 -51.28 RESERVED
-4
23
§ 51.29 GENERAL PROVISIONS.
All owners or occupants of property shall comply with the following general requirements:
(A) Septic systems. No person shall leave, deposit, discharge, dump, or otherwise expose
any chemical or septic waste in an area where discharge to streets or storm sewer system
may occur. This section shall apply to both actual and potential discharges.
(1) Individual septic systems must be maintained to prevent failure, which has the
potential to pollute surface water.
(2) No part of any individual septic system requiring on -land or in- ground disposal
of waste shall be located closer than 150 feet from the ordinary high water level in the
case of DNR protected waters, or the wetland boundary in the case of all other water
bodies, unless it is proven by the applicant that no effluent will immediately or
gradually reach the water bodies because of existing physical characteristics of the site
or the system.
(3) Recreational vehicle sewage shall be disposed to a proper sanitary waste facility.
Waste shall not be discharged in an area where drainage to streets or storm sewer
systems may occur.
(B) Water runoff. Runoff of water from residential property shall be minimized to the
maximum extent practicable. Runoff of water from the washing down of paved areas in
commercial or industrial property is prohibited unless necessary for health or safety
purposes and not in violation of any other provisions of the city code.
(C) Mobile washing businesses. Business that use significant amounts of water at various
locations in the city, such as, but not limited to mobile vehicle washing and carpet cleaning,
shall dispose of wastewater into the sanitary sewer at a location permitted by the city.
Wastewater must not be discharged where drainage to streets or storm sewer system may
occur.
(D) Motor vehicle repair and maintenance. Storage of materials, machinery and
equipment for motor vehicle repair and maintenance must comply with the following
requirements:
(1) Motor vehicle parts containing grease, oil or other hazardous substances and
unsealed receptacles containing hazardous materials shall not be stored in areas
susceptible to runoff.
(2) Any machinery or equipment that is to be repaired or maintained in areas
susceptible to runoff shall be placed in a confined area to contain Leaks, spills, or
discharges.
(E) Parking lots and private streets. Debris from parking lots and private streets should be
swept at least once a year in the spring to remove debris. Such debris shall be collected and
properly disposed.
-5-
24
(F) Other. Fuel and chemical residue or other types of potentially harmful material, such
as animal waste, garbage or batteries shall be removed as soon as possible and disposed of
properly. Household hazardous waste may be disposed of through the county collection
program or at any other appropriate disposal site and shall not be placed in a trash
container.
§ 51.30 INDUSTRIAL ACTIVITY DISCHARGES.
Any person subject to an industrial activity NPDES stormwater discharge permit shall
comply with all provisions of such permit. Proof of compliance with the permit may be required
in a form acceptable to the city prior to the allowing of discharges to the storm sewer system.
Any person responsible for a facility that has stormwater discharges associated with industrial
activity, who is or may be the source of an illicit discharge, may be required to implement, at the
person's expense, additional structural and nonstructural BMPs to prevent the further discharge
of pollutants to the storm sewer system. These BMPs shall be part of a stormwater pollution
prevention plan as necessary for compliance with requirements of the NPDES permit.
§ 51.31 NOTIFICATION OF SPILLS.
Notwithstanding other requirements of law, as soon as any person responsible for a facility
or operation, or responsible for emergency response for a facility or operation has information of
any known or suspected release of materials which are resulting or may result in illegal
discharges or pollutants discharging into the storm sewer system, or public water the person shall
take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the
event of such a release of hazardous materials, the person shall immediately notify emergency
response agencies of the occurrence via emergency dispatch services. In the event of a release of
nonhazardous materials, the person shall notify the city no later than the next business day.
§ 51.32 - ACCESS.
If the city has been refused access to any part of the premises from which stormwater is
discharged, and is able to demonstrate probable cause to believe that there may be a violation of
this section or that there is a need to inspect and/or sample as part of a routine inspection and
sampling program designed to verify compliance with this chapter or any order issued hereunder,
or to protect the overall public health, safety, and welfare of the community, then the city may
seek an administrative search warrant from any court of competent jurisdiction.
§ 51.33 - SUSPENSION OF STORM SEWER SYSTEM ACCESS.
(A) Suspension due to illicit discharges in emergency situation. The city may, without
prior notice, suspend storm sewer system discharge access to a person when such suspension is
necessary to stop an actual or threatened discharge that presents or may present imminent and
substantial danger to the environment, or to the health or welfare of persons, or to the storm
sewer or public waters. If the violator fails to comply with a suspension order issued in an
emergency, the city may take such steps as deemed necessary to prevent or minimize damage to
the storm sewer system or public waters, or to minimize danger to persons.
(B) Suspension due to the detection of illicit discharge. All persons discharging to the
-6-
25
storm sewer system in violation of this chapter may have their storm sewer system access
terminated if such termination serves to abate or reduce an illicit discharge. It is a violation of
this section to reinstate storm sewer system access to premises that have been terminated
pursuant to this section without the prior approval of the city.
§ 51.34 VIOLATION.
(A) A violation of this chapter is a public nuisance. When the city finds that a person has
violated a prohibition or failed to meet a requirement of this section, the person is deemed to
have created a public nuisance subject to abatement and assessment, as provided in Chapter 91.
In addition to any order issued pursuant to Chapter 91.07 through 91.08, the city may require the
following:
(1) The performance of monitoring, analysis, and reporting;
(2) The implementation of source control or treatment BMPs;
(3) Any other requirement deemed necessary.
(B) The remedies listed in this chapter are not exclusive of any other remedies available
under any applicable federal, state or local law and it is within the discretion of the City to seek
cumulative remedies. The City may recover all attorney's fees, court costs and other expenses
associated with enforcement of this chapter, including sampling and monitoring expenses.
Section 2. The City Code Chapter 91.04 is hereby amended to read as follows:
§ 91.04 PUBLIC NUISANCES AFFECTING HEALTH.
The following are hereby declared to be nuisances affecting health:
(A) Exposed accumulation of decayed or unwholesome food or vegetable matter;
(B) All diseased animals running at large;
(C) Carcasses of animals not buried or destroyed within 24 hours after death;
(D) Accumulations of manure, rubbish, refuse or debris;
(E) Privy vaults, garbage (except in authorized containers), garbage cans which are not
rodent free and fly -tight or which are so maintained to constitute a health hazard or to emit foul
and disagreeable odors;
(F) The pollution of any public well or cistern, stream, lake, canal or body of water by
sewage, industrial wastes or other substances, or any illicit discharge as set forth in subsection
51.24;
-7-
26
(G) All noxious weeds as referenced in M.S. §§ 18.75 - 18.88 and promulgated in
Minnesota Rules, as may be amended from time to time, located on public or private property.
The terms WEEDS and RANK VEGETATION includes, but is not limited to, the following:
(1) Noxious weeds and rank vegetation shall include but not be limited to: alum
(alliums), Buckthorn, Bur Cucumber, Canada Thistle, Corncockle, Cressleaf Groundsel, Curly
Dock, Dodder, Field Bindweed, French Weed, Hairy Whitetop, Hedge Bindweed, Hoary Cress,
Horsenettle, Johnsongrass, Leafy Spurge, Mile -A- Minute Weed, Musk Thistle, Oxeye Daisy,
Perennial Sowthistle, Poison Hemlock, Purple Loosestrife, Quackgrass, Russian Knapweed,
Russian Thistle, Serrated Tussock, Shatter Cane, Sorghum, Wild Carrot, Wild Garlic, Wild
Mustard, Wild Onion, Wild Parsnip;
(2) Grapevines when growing in groups of 100 or more and not pruned, sprayed,
cultivated, or otherwise maintained for two consecutive years;
(3) Bushes of the species of tall, common, or European barberry, further known as
Berberis vulgaris or its horticultural varieties;
(4) Any weeds or plants, other than trees, bushes, flowers or other ornamental plants,
growing to a height exceeding eight inches;
(5) Rank vegetation includes the uncontrolled, uncultivated growth of annuals and
perennial plants; and
(6) The term WEEDS does not include shrubs, trees, cultivated plants or crops.
(H) All public exposure of persons having a contagious disease;
(I) The emission of dense smoke, gas and soot, dust or cinders, and other noxious and
offensive fumes, in the quantities as to render the occupancy of property uncomfortable to a
person of ordinary sensibilities;
(J) Feces left by any domestic pet on public property or the property of another. The owner
or person having the custody or control of the animal shall be responsible for immediately
cleaning up any feces of the animal and disposing of the feces in a sanitary manner; and
(K) All other acts, omissions of acts, occupations and uses of property which are deemed by
the city to be a menace to the health of the inhabitants of the city or any considerable number
thereof.
Penalty, see § 91.99
Section 3. Effective Date. This ordinance shall be effective immediately upon its passage and
publication of the summary according to law.
- 8 -
27
Section 4. Summary for Publication, is hereby adopted as follows:
SUMMARY OF ORDINANCE NUMBER xx, SECOND SERIES, .
Adopted by the City Council of Centerville, Minnesota, on the day of ,
2012
CHAPTERS 51 & 91 RE: STORMWATER ILLICIT DISCHARGE AND ILLICIT
CONNECTION
TECHNICAL AMENDMENTS:
An ordinance addition sections 51.20 to 5.34 regarding illicit storm water discharge and
detection, and revising a related provision contained in Section 91.04.
PURPOSE OF PROPOSED AMENDMENTS:
To enforce prevention measures for reducing wastes entering storm water sewers, thereby
reducing contamination entering local bodies of water.
FULL TEXT OF AMENDMENTS AVAILABLE:
The full text of the amendments are available at the Centerville City Hall, 1880 Main St.,
Centerville, MN 55038. On file with the City Clerk is the original version of the text and the
amended version of the text.
Summary published this _ day of , 2012
Teresa Bende, City Clerk
PASSED AND DULY ADOPTED this day of February, 2012 by the City Council of the
City of Centerville.
Mayor, Tom Wilharber
Attest:
City Clerk, Teresa Bender
-9-
28