HomeMy WebLinkAbout2013-05-08 Set Agenda w/Handouts CITY OF CENTERVILLE COUNCIL /CLOSED WORK SESSION &
5 teryilCe WORK SESSION MEETING AGENDA
4.rablcJi,d
Wednesday, May 8, 2013
6:30 p.m. or shortly thereafter — SET AGENDA = Italics
OPEN FORUM 6:30 p.m.: An opportunity for members of the public to address the City Council on items not on the current agenda. Items
requiring Council action may be deferred to staff or Boards and Commissions for research and future Council Agendas if appropriate. You
will be limited to two (2) minutes and we ask that you conduct yourself in a professional, courteous manner, and refrain from the use of
profanity. Failure to abide by this policy may result in the loss of your privilege to speak. Persons wishing to speak will be required to
complete a sign -up sheet and give it to the Mayor or a Staff person prior to 6:15 p.m.
COUNCIL MEETING
I. CALL TO ORDER
1. Roll Call
II. PUBLIC HEARINGS
1. SWPPP/MS4 — Information/Public Hearing Meeting (Pages 1 -6)
III. APPROVAL OF AGENDA
IV. APPROVAL OF MINUTES
1. April 24, 2013 City Council Meeting Minutes (Pages 7 -11)
2. April 24, 2013 City Council Work Session Meeting Minutes (Page 12)
V. CONSENT AGENDA
1. City of Centerville April 25, 2013 through May 8, 2013 Claims (Check #27949 - 27962) (Page
13) & (Check #27963- 27965)
2. Centennial Lakes Police Department Claims through April 11, 2013 (Check #9428 -9439)
(Page 14)
3. Centennial Fire District Claims through April 19, 2013 (Check #5777 -5793) w /Check
#5771 -5776 Payroll (Page 15)
4. Successful Performance Review Mr. Paul Palzer, Building OfficiaVP.W. Director
5. Encroachment Agreement — 1889 Quebec Street — Fence (Page 15a)
VI. AWARDS /PRESENTATIONS /APPEARANCES
1. Mr. Jim Coan, Police Chief, Centennial Lakes Police Department — Annual Report
2. Mr. Ken Tolzmann, 2013 Report of Market Study and Equalization Meeting/Open Book
(Separate Handout)
3. Mr. Greg Kieselhorst, Centerville Lions — Request for Fete des Lacs Permits
VII. OLD BUSINESS
1. Sale of property— 7261 Main Street (Home Detail, Inc.) Approve Memorandum of
Agreement (Page 16)
VIII. NEW BUSINESS
1. 2013 Fete des Lacs Permits — Centerville Lions (Laurie LaMotte Memorial Park (Page 17)
a. Special Event Permit
b. Noise Permit (July 26, 2013 — 8:00 a.m. — Midnight, July 27, 2013 — 8:00 a.m. —
Midnight & July 28, 2013 — 8:00 a.m. — 8:00 p.m.)
C. Temporary On Sale Liquor License (July 26, 2013 — 10:00 a.m. — Midnight, July 27,
2013 — 10:00 a.m. — Midnight & July 28, 2013 — 10:00 a.m. — 8:00 p.m.)
d. Fireworks (July 26, 2013 @ Dusk)
e. Temporary Charitable Gambling — Raffle — July 28, 2013 @ 3:00 p.m. & Associated
Transient Sales /Solicitor Certificate — July 1— July 28, 2013
2. Parks & Recreation Committee Recommendation for Installation of Port -a- Potties @ All
Parks That Have Play Structures. Request Unbudgeted Funding
3. Planning & Zoning Commission Recommendation - Ord. #XX, Second Series, Amendment
to City Code, Chapter 90, Section 90.03 Allowing for Backyard Chickens (Hens) (Pages 18-
20) "REPLACEMENT PAGES"
4. Anoka County Coinmunith Development Block Grant Program (Opt In) (Pages 21 -28)
5. Planning & Zoning Commission Findings & Decision Relating to Code Amendment — Waste
Processing & Recycling Business in I -1 (Industrial District) (Pages 29 -35)
IX. ANNOUNCEMENTSIUPDATES
1. Administrator Larson
X. CONVENE TO SCHEDULED CLOSED SESSION (Litigation)
CLOSED SESSION
L CALL TO ORDER
1. Roll Call
II. LITIGATION (Sheehy Construction)
ADJOURNMENT
WORK SESSION
I. CALL TO ORDER
1. Roll Call
II. DISCUSSION ITEMS
1. 2014 Budget
2. 2013 Goals
ADJOURNMENT
"REMINDERS"
Planning & Zoning Commission Meeting — May 7, 2013, 6:30 p.m. Council Chambers (P.H. Code Amendment
— Recycling & Waste Processing — Entirely Within Building & Request for Variance — Shed & Fence Located
within Drainage /Right of Way Easement & Side Yard)
City Council Meeting — May 22, 2013, 6:30 p.m. Council Chambers
Parks & Recreation Committee Meeting - June 5, 2013, 6:30 p.m. Council Chambers
City Council Meeting — June 12. 2013, 6:30 p.m. Council Chambers
CITY OF CENTERVILLE 05/08/13 12:58 PM
Check Detail - May 8, 2013 - UPDATE Page 1
Check
Date Check # Vender Name Comments Amount
5/6/2013 000438E MASTERCARD -CITY OF CENTERVILLE FUEL $893.60
5/6/2013 000438E MASTERCARD -CITY OF CENTERVILLE OFFICE SUPPLIES $333.20
5/6/2013 000438E MASTERCARD -CITY OF CENTERVILLE ENDICA POSTAGE $9
5/6/2013 000438E MASTERCARD -CITY OF CENTERVILLE EMAIL CERTIFICATION RENEWAL $199.50
5/6/2013 000438E MASTERCARD -CITY OF CENTERVILLE RESIDENTIAL SPRINKLER TRAINING & ALTERNATE MATERIAL $380.00
5/6/2013 000438E MASTERCARD -CITY OF CENTERVILLE SCADA COMPUTER $738.50
5/6/2013 000438E MASTERCARD -CITY OF CENTERVILLE P.W. REPAIR/MAINT SUPPLIES $478.18
5/6/2013 000438E MASTERCARD -CITY OF CENTERVILLE COMPUTER SUPPLIES $199.50
5/6/2013 000438E MASTERCARD -CITY OF CENTERVILLE FUEL $583.03
5/6/2013 000438E MASTERCARD -CITY OF CENTERVILLE WATER SUPPLIES $17.99
5/6/2013 000438E MASTERCARD -CITY OF CENTERVILLE RADIO READ PARTS $16.27
5/6/2013 000438E MASTERCARD -CITY OF CENTERVILLE POSTAGE - FLUORIDE TESTS $2.92
5/6/2013 000438E MASTERCARD -CITY OF CENTERVILLE SCADA COMPUTERS $738.50
5/6/2013 000438E MASTERCARD -CITY OF CENTERVILLE 10,000 LAKES CHAPTER - MEMBERSHIP DUES $170.00
5/6/2013 000438E MASTERCARD -CITY OF CENTERVILLE CAP FOR BACKUP GENERATOR LIFT STATION $98.41
5/6/2013 000438E MASTERCARD -CITY OF CENTERVILLE FUEL $168.37
heck Nbr 000438 MASTERCARD -CITY OF CENTERVILLE $S 27 92
5/8/2013 027963 ALL SAFE INC. ON SITE SERVICE CHARGE - FIRE EXTINGUISHER $178.10
heck Nbr 027963 ALL SAFE INC. 178.10
5/8/2013 027964 SAM S CLUB MEMBERSHIP DUES $70.00
heck Nbr 027964 SAM S CLUB 70.00
5/8/2013 027965 SMITH & GLASER, LLC PROSECUTION - SERV THRU 3 -31 -13 $12,356.50
5/8/2013 027965 SMITH & GLASER, LLC HOGAN - SERV THRU 3 -31 -13 $19.00
5/8/2013 027965 SMITH & GLASER, LLC GENERAL - SERV THRU 3 -31 -13 $2,598.50
5/8/2013 027965 SMITH & GLASER, LLC 7047 -21ST AVE - SHEEHY CONST - SERV THRU 3 -31 -13 $2,694.50
5/8/2013 027965 SMITH & GLASER, LLC 2013 STREET PROJECT - SERV THRU 3 -31 -13 $313.50
'br 027965 SMITH & GLASER LLC $ 17,982.00
TOTAL CHECKS $23,258.02
lja--,
TO: Honorable Mayor and Council Members
FROM: Staff
SUBJECT: Encroachment Agreement — 1889 Quebec Street — Fence
DATE: May 8, 2013
Property owners have submitted the appropriate permit application, sketch plan,
agreements, signatures and fees for the permit and agreement. The Building Official has
signed off on the permit and the location of the item.
CITY OF CENTERVILLE
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. xxx
(Second Series)
AN ORDINANCE AMENDING THE CENTERVILLE CITY CODE, CHAPTER 90, SECTION
90.03 RELATING TO ANIMALS
THE CITY COUNCIL OF THE CITY OF CENTERVILLE ORDAINS:
SECTION 1. The City Code, Chapter 90, Section 90.03 is hereby amended to read as follows:
90.03 FARM ANIMALS
A. Farm animals shall only be kept in an agricultural district of the city or on a residential lot of at
least ten acres in size, and provided that no animal shelter shall be within 300 feet of an adjoining
piece of property. Animal feedlots as defined in MN Rule 7020.03 are prohibited.
B. Backyard Chickens. Notwithstanding other provisions of this chapter, a person may keep up to
four (4) female chickens on a parcel that they own that is less than ten acres in size,
provided that the owner has a lot with a minimum of 10,000 square feet, and obtains a
backyard chicken permit from the City. No permit shall be issued except in compliance with this
section.
1. Definitions
a. Coop means the structure for the keeping or housing of chickens permitted by the
ordinance.
c. Hen means a female chicken.
d. Rooster means a male chicken.
e. Run means a fully-enclosed and covered area attached to a coop where the chickens
can roam unsupervised.
2. Any person desiring to obtain a backyard chicken permit under this subdivision
must make a written application to the City Clerk on a form provided by the City and pay
an application fee. Fees to be charged for the permit to keep chickens shall be set by City
Council on the fee schedule. The application must include a scaled diagram or site plats that
shows the location of the chicken coop including the distance of the coop fi+om adjoining
structures and property lines and the coop's dimensions. If the applicant's lot is less than
15,000 square feet, the applicant must secure permission from at least 70 percent of the
owners of property within 150 feet of *ea pplic ow parcel.
3. All initial permits will expire on December 31" of the following year after their
issuance unless sooner revoked. Renewal permits shall expire on December 31 of the
second year following their issuance unless sooner revoked.
4. The City may revoke a permit for failure to comply with provisions of this section or any of
the permit's conditions.
5. The city may inspect the premises for which a permit has been granted in order to ensure
compliance with this subdivision. If the city is not able to obtain the occupant's consent to
enter the property, it may seek an administrative search warrant or revoke the permit.
6. All chickens must be kept in an enclosed coop or enclosed run. The chicken's
living area must be maintained in a clean and sanitary condition, devoid of
all rodents and vermin and free from objectionable odors. Waste must be disposed
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of on a weekly basis. Grains and feed must be stored in rodent and raccoon -proof containers
inside of a structure. The enclosed coop must be built to protect the chickens from extreme
heat or cold. The enclosed coop must be maintained in good condition and be sufficient
in strength and size to allow the chickens to move about, but also able to prevent
escape. The enclosed coop must have a minimum size of four square feet per animal
and must not exceed forty (40) square feet in total, with a maximum height of twelve (12)
feet. The enclosed coop must be located in the rear yard and set back at least 25 -feet from
any residential dwelling and at least 15 -feet from all property lines and may not be located in
a utility or drainage easement.
7. Enclosed runs shall be attached to the coop. Fencing shall be adequate to keep chickens in
and predators out. The coop and attached run shall be a maximum of 40 square feet each
and set back at least 25 feet from all neighboring residential structures and 15 feet from the
property line.
8. Chickens must not be raised or kept for the purpose of fighting. No permit will be
granted by the city to keep any chickens within a dwelling or garage, nor on a
property which contains two or more dwelling units. No outdoor butchering of
chickens is allowed. No roosters are allowed.
9. No person shall allow any chicken under his or her ownership or control to violate Chapter
7, Nuisances.
10. Persons that intend to no longer keep chickens on their premises shall notify the City. The
coop must be removed upon expiration of the permit.
11. Dead chickens must be disposed of according to the Minnesota Board of Animal Health rules
which require chicken carcasses to be disposed of as soon as possible after death, usually
within forty -eight (48) to seventy -two (72) hours. Legal forms of chicken carcass disposal
include offsite burial, offsite incineration or rendering, or offsite composting.
SECTION 2. EFFECTIVE DATE. Effective Date: This ordinance shall be effective immediately upon
its passage and publication of the summary attached as Exhibit A, according to law.
PASSED AND ADOPTED this day of , 2013 by the City Council of the City of
Centerville.
Tom Wilharber, Mayor
ATTEST:
Teresa Bender, City Clerk
Summary Published: Quad Community Press , 2013.
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Exhibit A
Summary of Ordinance _, Second Series
Notice is hereby given, that on , 2013, Ordinance Number , Second Series,
entitled "AN ORDINANCE AMENDING CITY CODE, CHAPTER 90, was adopted by the City
Council of Centerville, Minnesota.
Notice is further given that due to the lengthy nature of the ordinance, the City Council
has directed that this title and summary be prepared for publication pursuant to Minn. Stat.
412.191, Subd. 4.
Notice is further given that a complete printed copy of the ordinance is available for
inspection by any person during normal business hours of the City Clerk, 1880 Main St.,
Centerville, MN, or will be mailed to anyone requesting it by telephone (651) 429 -3232.
Notice is further given that the general purpose of the ordinance is to amend the code to
allow up to four chickens on residential lots in the city, subject to conditions.
Section 1. This section adds language to Chapter 90, section 90.03 that allows up to four
chickens to be kept on lots in residential areas by permit and establishes the conditions for
issuing a permit.
Section 2. This section provides that the effective date shall be upon publication of this
summary.
Notice is further given that the Council has by a minimum 4/5 vote approved this public
notice on the day of , 2013.
Teresa Bender, City Clerk
Published in the Citizen on 5 2013
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Teresa Bender
From: Dallas Larson
Sent: Tuesday, May 07, 2013 4:46 PM
To: Ben Fehrenbacher; D Love; Jeff Paar; Kurt B. Glaser; Steve King; Tom Wilharber
Cc: Teresa Bender; Michael Jeziorski
Subject: Council agenda
Attachments: 2013 -04 -18 Ltr fr Anoka County.pdf; Agreement for CDBG.pdf
I will propose to add to the Council agenda to "Opt -in" with participation in Anoka County Community Block Grant
program for the next three years. The city has participated with Anoka County in their program, making the city eligible
to apply for funds committed to Anoka County as an "urban county." The alternative would be to opt -out and then
apply for competitive funding through the State of Minnesota. Since Centerville has been very successful in securing
funds through the County, it makes little sense to instead compete with a much larger pool of communities for the
funding granted to the State. Anoka County needs the City's decision by May 17.
Dallas Larson, Administrator
City of Centerville
1880 Main Street
Centerville, MN 55038
651 - 429 -3232
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COUNTY OF ANOKA
7 Community and Governmental Relations
l . � GOVERNMENT CENTER
2100 3rd Avenue, STE 700 • Anoka, Minnesota 55303 -5024
Kate Thunstrom, Community Development Manager
(763) 323 -5714 Direct (763) 323 -5682 Fax
April 18, 2013
City of Centerville
ATTN: Dallas Larson
1880 Main Street
Centerville, MN 55038 -0704
RE: 2014 -2016 Urban County Requalification for participation in the following HUD Programs:
-CDBG (Community Development Block Grant Program); and
-HOME (HOME Investment Partnerships Program)
Dear Mr. Larson:
Every three years Anoka County must complete an Urban Requalification process in order to continue
receiving and administering HUD funds for the CDBG and HOME programs. We are currently preparing
our requalification for federal fiscal years 2014 through 2016. As part of this requalification process, the
county is required to notify participating communities of their option to be excluded from the Anoka
County "Urban County" qualification for these funding years. Action is required from your city as part
of this process.
IF YOU CHOOSE TO REMAIN A PARTICIPATING COMMUNITY (OPT-IN): The following will
continue to apply:
• The grant process for your city will remain the same as it is now for CDBG and HOME programs,
and;
• Your city will continue to be ineligible to apply for individual grants through the HUD Small Cities
or State CDBG and HOME programs;
• The Cooperation Agreement will automatically renew for another three -year period of time.
IF YOU CHOOSE NOT TO REMAIN A PARTICIPATING COMMUNITY (OPT-OUT):
• Your city will be able to apply for grants individually through the HUD Small Cities or State CDBG
and HOME programs, but you will not be eligible to receive funds through Anoka County for
federal fiscal years 2014 through 2016
• You are required to notify Anoka County in writing by May 17, 2013, of your intent to terminate
the agreement at the end of the current qualification period. The notification of intent should be
sent to: Anoka County Community Development
ATTN: Kate Thunstrom
2100 3 Ave, Suite 700
Anoka, MN 55303.
EQUAL HOUSING
OPPORTUN 763- 323- 5682Affirmative Action / Equal Opportunity Employer TDD /TTY: 763- 323 -5289
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ANOKA COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT and
HOME INVESTMENT PARTINERSHIP PROGRAM
COOPERATION AGREEMENT
THIS AGREEMENT is made and entered into under the requirements of the federal Community
Development Block Grant (CDBG) program and HOME Investment Partnership Program by and
between the COUNTY OF ANOKA, State of Minnesota, hereinafter referred to as "COUNTY"
and the CITY OF CENTERVILLE hereinafter referred to as "COOPERATING
COMMUNITY ", said parties to this Agreement each being governmental units of the State of
Minnesota, and is made pursuant to Minnesota Statutes, Section 471.59.
WITNESSETH:
WHEREAS, Title I of the Housing and Community Development Act of 1974, as amended,
provides for a program of community development block grants, as implemented by Part 570,
Title 24, Code of Federal Regulations, governing the applicability and use of funds under Title I;
and
WHEREAS, Title II of the Cranston - Gonzales National Affordable Housing Act of 1990, - and as
amended provides for a program known as the HOME Investment Partnership program. Part 92
of Title 24 of the Code of Federal Regulations sets forth regulations governing the applicability
and use of funds under Title II; and
WHEREAS, Anoka County, Minnesota qualifies under said law as an "urban county" eligible to
receive community development block grants funds; and
WHERAS, the County's population, among other factors, is determinant of the eligibility of the
County and the amount of resources which may be made available to the County to undertake
activities under the afore- referenced law; and
WHEREAS, Section 24 CFR 570.307, titled "urban counties" provides that computation of the
County's population may include persons residing in "unincorporated areas" and in "its included
parts of general local government with which it has entered into cooperative agreements to
undertake or to assist in the undertaking of essential activities pursuant to community
development block grants "; and
WHEREAS, it is in the interest of the Cooperating Community, to have its population counted
together with other municipalities of Anoka County who similarly agree;
NOW, THEREFORE, in consideration of mutual covenants and promises contained in this
Agreement, the parties mutually agree to the following terms and conditions.
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SECTION I. DEFINITIONS
For the purpose of this Agreement, the terms defined in this section have the meanings given to
them:
A. "The Act" means the Housing and Community Development Act of 1974, Title I, of
Public Law 93 -383, as amended (42 USC 5301 et seq.)
B. "Regulations" means the rules and regulations promulgated pursuant to the Act,
including but not limited to 24 CFR Part 570.
C. "HUD" means the United States Department of Housing and Urban Development
D. "Cooperating Community" means any city or township in Anoka County, which has
entered into a cooperation agreement which is identical to this Agreement.
E. "CDBG Program" means federal program instituted under 42 U.S.C. 5301, et seq. as
amended.
F. "HOME Investment Partnership Program" means the federal program instituted under
Title II of the Cranston - Gonzales National Affordable Housing Act, 42 U.S.C. 12701 et
seq. as amended
The definitions contained in 42 U.S.C. 5302 of the Act and 24 CFR 570.3 of the Regulations are
incorporated herein by reference and made a part hereof.
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SECTION II. PURPOSE
The Cooperating Community and the County have determined that it is desirable and in the
interests of its citizens that the County qualifies as an urban county within the provisions of the
Act. This Agreement contemplates that identical agreements will be executed between the
County and other cities and townships within the County, thus enabling the County to qualify
under the Act.
The purpose of this Agreement is to authorize the County to participate with the Cooperating
Community in undertaking, or to assist in undertaking, essential community development and
housing assistance activities pursuant to the CDBG Entitlement Program and the HOME
Investment Partnership Program.
SECTION III. TERM OF AGREEEMNT
This Agreement shall be in effect upon execution and terminate no sooner than the end of the
third program year covered by the application for the basic grant amount and approved after the
effective date. This Agreement shall be effective for the federal fiscal years 2008 through 2010.
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This Agreement shall renew automatically for subsequent three -year program periods, unless
written notice of termination to be effective at the end of the current three -year program period is
given by the Cooperating Community to the County following the same schedule as the opt -out
notification requirements as established by HUD. A copy of all notices must be sent to the HUD
Field Office. Since this Agreement has an automatic renewal provision, the County shall, prior to
the "opt -out" date, provide written notification to the Cooperating Community of the
community's rights under this "opt -out" provision. The County shall have the right to "apt -out"
of future renewal of the Agreement.
The parties agree that this Agreement will remain in effect until CDBG and HOME Investment
Partnership Program funds and program income received for activities carried out during the
three -year qualification period (and any successive periods under the automatic renewal
provision) are expended and the funded activities completed, and that the County and
Cooperating Community cannot terminate or withdraw from this Agreement during this period.
Notwithstanding any other provision of this Agreement, this Agreement shall be terminated at
the end of any program year during which HUD withdraws its designation of Anoka County as
an urban county under the Act.
SECTION W. METHOD
The Cooperating Community and County hereby agree that it will cooperate to undertake or
assist in undertaking community renewal and lower income housing assistance activities,
specifically urban renewal and publicly assisted housing. The County shall prepare and submit to
HUD and appropriate reviewing agencies, all necessary applications for basic grant amount
under the CDBG and HOME Investment Partnership Program requirements. In making the
application, the County shall address the goals and needs of County as developed in meetings
between the Community, its citizens and the County, and also addressing the Act and other
relevant Minnesota and/or federal statutes and regulations. The parties agree to cooperate fully in
establishing priorities and in preparation of the application for a basic grant amount. The
Cooperating Community and the County agree that the County shall establish a reasonable time
schedule for the development of the grant application.
It is anticipated by the parties that the party ultimately implementing a project funded by monies
received from the grant may be either the Cooperating Community or the County. The
determination of which party will implement the project will be made by the parties after
consideration of the nature and scope of the project, and the ability of each party to undertake the
project, though it is understood by the Cooperating Community that the County shall have final
responsibility for selecting projects and filing annual grant requests. The County is hereby
authorized to distribute to the Cooperating Community such funds as are determined appropriate
for the Community to use in implementing a project and the County is hereby authorized to
undertake projects within the Cooperating Community as are determined appropriate for the
County to undertake.
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SECTION V. SPECIAL PROVISIONS
A. Nothing in this Agreement is intended to prevent or otherwise modify or abrogate the
right of the Cooperating Community or the County to submit individual applications for
discretionary funds in the event County does not receive designation as an urban county
-entity under the Act.
B. The Cooperating Community and the County mutually agree to indemnify and hold
harmless each other from any claims, losses, costs, expenses, or damages resulting from
the acts of omissions of their respective officers, agents, and employees relating to
activities conducted by either under this Agreement, the Act or the Regulations.
C. In the event that there is a revision of the Act and/or Regulation which would make this
Agreement out of compliance with the Act or Regulations, both parties will review this
Agreement and renegotiate those items necessary to bring the Agreement into
compliance.
D. All funds received by the County under the Act shall be deposited in the County treasury.
I
E. The Cooperating Community and the County shall maintain financial and other records
and accounts in accordance with requirements of the Act and Regulations. Such records
and accounts will be in such form as to permit reports required'of the County to be
prepared therefrom and to permit the tracing of grant funds and program income to final
expenditure.
F. The Cooperating Community and the County agree to make available all records and
accounts with respect to matters covered by this Agreement at all reasonable times to
their respective personnel and duly authorized federal officials. Such records shall be
! retained as provided by law, but in no event for a period of less than (5) five years from
the date of completion of any activity funded under the Act or less than (5) five years
from the last receipt of program income resulting from activity implementation. The
County shall perform all audits of the basic grant amounts and resulting program income
as required under the Act and Regulation.
G. The county, as the CDBG grant recipient, either for the urban county or a joint recipient
(Metropolitan City/Urban County Joint Recipients) has full responsibility for the
execution of the community development program, for following its Consolidated Plan,
and for meeting the requirements of other applicable laws (e.g., National Environmental
Policy Act, Uniform Relocation Act, Fair Housing Act, Title VI of the Civil Rights Act
of 1964, Section 504 of the Rehabilitation Act of 1973, Section 109 of Title I of the
Housing and Community Development Act of 1974, the Americans with Disabilities Act
of 1990, and for affirmatively furthering fair housing). The Counties responsibilities must
include these functions even where, as a matter of administrative convenience or State
law, the county permits the participation units of general local government to carry out
essential community development and housing assistance activities. The county will be
held accountable for the accomplishment of the community development program, for
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following the Consolidated Plan, and for ensuring that actions necessary for such
accomplishments are taken by cooperating units of general local government.
H. The parties agree to take all actions necessary to assure compliance with the urban
county's certification required by section 104(b) of Title 1 of the Housing and
Community Development Act of 1974, as amended including Title VI of the Civil Rights
Act of 1964, the Fair Housing Act, section 109 of Title 1 of the Housing and Community
Development Act of 1974, and other applicable laws. The agreement.also prohibits urban
county funding for activities in, or in support of, any cooperating unit of general local
government that does not affirmatively further fair housing within its own jurisdiction or
that impedes the county's action to comply with the county's fair housing certification.
This provision is required because noncompliance by a unit of general local government
included in an urban county may constitute noncompliance by the grantee (i.e., the entire
urban county) that can, in turn, provide cause for funding sanctions or other remedial
actions by the department.
I. The parties Ruther agree that pursuant to 24 CFR 570.501 (b), the Cooperating y
Community is subject to the same requirements applicable to subrecipients, including a
written agreement as set forth in 24 CFR 570.503. Such agreements are only entered into
when a Cooperating Community chooses to propose a project and actually will receive
funds from the County's entitlement allocation.
J. The parties further agree that the cooperating Community has adopted and is enforcing:
1. A policy prohibiting the use of excessive force by law enforcement agencies
within its jurisdiction against any individual engaged in non - violent civil rights
demonstrations; and
2. A policy of enforcing applicable State and local laws against physically barring
entrance to or exit from a facility or location which is the subject of such non -
violent civil rights demonstrations within jurisdictions.
i
K. The Cooperating Community acknowledges that by executing this Agreement it may not
apply for grants from appropriations under the Small Cities or State Community
Development Block Grant Programs for fiscal years during the period in which it
participates in the County's CDBG Program. The Cooperating Community further
acknowledges that during the period in which it participates in the County's CDBG
Program it may only participate in the HOME Program (24 USC 12701 et seq. and
regulations promulgated thereto) through th&County and is precluded from forming a
HOME Consortium for participation in the HOME Program, except through the County.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed.
COUNTY OF ANOKA CITY OF CENTERVILLE
STATE OF MINNESOTA STATE OF MINNESOTA
P—ca.� La
Dennis D. Berg,
Chair, 6 County oar of ommissioners
Its:
Terry Jo on, Date:
Anoka County Adnu4trator y a�
APPROVED AS TO FORM B y'
XECUTION
Its: 0, wj�sc
w G. lam.
Anthony C. Pal Date: /
Assistant Anoka County Attorney
Date
I hereby certify that the provisions of this agreement are fully
authorized under state and local law and that the agreement provides
full legal authority of the County.
AKf6i I L�.
Anthony C. Neumbo
Assistant Anoka County Attorney.
S
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Draft Draft Draft
Findings and Decision Related to Code Amendment
The Planning & Zoning Commission met on May 7, 2013, to consider proposed changes
to the city code that would allow waste processing and recycling business to locate in an
industrial zoning district.
Findings:
1) Recycling and Waste processing businesses take a variety of forms and sizes and may
not always have the neighborhood and environmental consequences that can make
them undesirable.
2) The Planning and Zoning Commission has studied the matter and believes that
recycling and waste processing businesses conducted entirely within a building as a
conditional use will allow flexibility in considering locations for these business types.
3) The City staff drafted proposed changes to City Code Chapter 156, Table 156 -A.1
which implement the authority to grant conditional use permits for "Recycling and
Waste processing entirely within a building" in the I -1 Industrial Zoning District.
4) The Planning & Zoning Commission held a public hearing on this date to consider the
proposed changes to Chapter 156, and the Commission considered public comments
regarding the proposed changes.
RECOMMENDATION:
The Planning and Zoning Commission determines that the proposed amendments to
Chapter 156 implementing the authority to grant conditional use permits for recycling
and waste processing entirely within a building in the 1 -1 Industrial Zoning District,
should be adopted
The Commission recommends that the council approve findings and recommendations of
the Commission and that the attached ordinance be adopted.
Approved by the Planning & Zoning Commission of the City of Centerville on May 7,
2013.
29
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5/7/2013
CITY OF CENTERVILLE
ANOKA COUNTY, MINNESOTA
ORDINANCE #
SECOND SERIES
AN ORDINANCE AMENDING CITY CODE, CHAPTER 156, AMENDING TABLE
156 -A.1 DISTRICT ALLOWED USES
THE CITY COUNCIL OF THE CITY OF CENTERVILLE ORDAINS:
Section 1 . City Code, Chapter 156, Table 156 -A.1 District Allowed Uses, is hereby
amended by adding as a conditional use, within Industrial Uses (I -1): "Recycling and
Waste Processing entirely within a building."
(Amended Table 156 -A.1 attached)
Section 2 . Effective Date: This ordinance shall be effective immediately upon its passage
and publication of the summary attached as Exhibit A, according to law.
PASSED AND DULY ADOPTED this day of , 2013 by the City
Council of the City of Centerville.
Tom Wilharber, Mayor
ATTEST:
Teresa Bender, City Clerk
30
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5/7/2013
Exhibit A
Summary of Ordinance _, Second Series
Notice is hereby given, that on , 2012, Ordinance Number _, Second
Series, entitled "AN ORDINANCE AMENDING CITY CODE, TABLE 156 -A. l
DISTRICT ALLOWED USES
was adopted by the City Council of Centerville, Minnesota.
Notice is further given that due to the lengthy nature of the ordinance, the City
Council has directed that this title and summary be prepared for publication pursuant to
Minn. Stat. 412.191, Subd. 4.
Notice is further given that a complete printed copy of the ordinance is available
for inspection by any person during normal business hours of the City Clerk, 1880 Main
St., Centerville, MN, or will be mailed to anyone requesting it by telephone (651) 429-
3232.
Notice is further given that the general purpose of the ordinance is amend the
chart of allowed uses.
Section 1. This section amends City Code, Chapter 156, Table 156 -A.1 District
Allowed Uses, by adding as a conditional use within Industrial Uses (I -1): "Recycling
and Waste processing entirely within a building."
Section 2. This section provides for an effective date of the ordinance upon
publication of this summary.
Notice is further given that the Council has by a minimum 4/5 vote approved this
public notice on the day of , 2013.
Teresa Bender, City Clerk
Published in the Citizen on 1 2012
31
o
TABLE 156-A.1 District Uses 5/812013
Use Category and Use Type 4: qZ Q� 4W
Agricultural Uses
Crop production and vegetable gardening P
Produce stands for products raised on the premises P
Tree nurseries and sod farms P
Horses, livestock and fowl, not exceeding a density
of one horse or livestock animal per acre or three P
fowl per acre
Group Living Uses
Nursing homes C
Residential-Care for six or Fewer Persons (Except P P P P P P P P
Juvenile Sex Offender Treatment)
Residential-Care for Juvenile Sex Offender C
Treatment for up to six persons.
m
Residential-Care for seven through sixteen Persons
(Except Juvenile Sex Offender Treatment) (Subject C
to conditions as are necessary to protect the health
and safety the residents of the residentia
Family Day Care serving twelve or fewer persons P P P P P P P P
Group Family Day Care serving 14 or fewer persons P P P P P P P P
Licensed day care serving thirteen through sixteen C
persons
Licensed day care serving seventeen or more persons C C C
Household Living Uses
Single-family detached dwellings at a density not P
exceeding one home per ten acres
Single-family attached dwellings with up to two P
dwelling units per building
TAB 156 -A.1 District Allowed Uses 5/8/2
wc�4'c4 �.
Use Category and Use Type
Household Living Uses �
Single - family attached dwellings with up to twelve C
dwelling units per acre
Single - family attached or detached dwellings where
in combination with multi - family dwellings on the PUD
development property meet the district density goal
Manufactured housing development, park, or PUD
coop 1
Multi - family projects PUD PUD PUD r
Public parks and recreation uses P P P P P P P P
Residential accessory uses as further reguated in this
P P P P P P
cha
Home Occupations P P P P P P 156.102
W
W Commercial Uses
Accessory Buildings P P _ 156.040 (H), 15_6.1 7
Adult and Sexually oriented businesses as further
C
r egulated in this code 11 0.01- 110.99
Veterinary Clinic C
90.01 -90.09
Pet Shop C C
90.01 -90.09
Kennel C
90 -9 0.09
Automobile and motorized equipment sales and - -- - — -- —
service. excludin esalv_aae_onerations _ _ - - -- C – 156.3 L
Barber/beauty salons P PUD PUD
Building Supply sales and storage yards C 1 5 . 6_ . L,3
Business and Professional Offices P P PUD PUD
Car washes P
Commercial schools P
Commercial recreation P C PUD PUD
TABLE District Allowed Uses 5/8/2013
ry a0c�tc4�'`
Use Cate go and Use T e �.'� ��'� �`�' ��h° ��'� ��� �`� ��° 4� 0 4 �y` Q �v,
Commercial Uses
Construction trade offices and yards p
Day care -see Group Living Uses
Day care facility C C C C C P C C
Eating and drinking establishments P PUD PUD
Farm Implement sales and service C
_1 L_,_2
Financial institutions P PUD PUD
- -- -- _ _
Fuel sales p C
Funeral homes and mortuaries C
Hospitals C
W Hotels and motels P PUD
Liquor stores P PUD PUD
Medical Clinic P PUD PUD
Machine and repair shops - inside building only C p
-- - - -- -- - - - - - - -- - - - - -- - -- - -- -- - -- --- - - - - -- - - - -- -- - - - - - --
Personal and professional business offices P P PUD PUD
---- ------- --- - - - -- - - -- - - - -- - - -- -- - - - -- ---
Public buildings C C C C C C P P PUD P
Public utility buildings and structures C C C C C C P P P
Theatres and recreational busin-e-sses--c--on-d-u-c-t-e-d— __J
within structures.
P C PUD
Retail sales and service, but excluding adult - oriented p C PUD PUD
businesses
Industrial Uses
Archery Range p
Firearms Shooting Range C
Machine and repair shops p
Manufacturing, processing, assembly except P - -- --
recycling and waste
TABLE 156 -A.1 District Allowed Uses 5/8/2013
m ro ^ m o 0 0 ry '0 �Cv
K o� ry o� ryQ c q $ o'` h o ti �. o� ,� �. eh ry oh �. o'$ a
Use Category and Use Type
Industrial Uses
Recycling and Waste Processing entirely within a C
building (Amendment 5/8/2013)
Mini - Storage C
i
Research Facility, excluding animal or livestock P
Truck Terminal C
Warehouse/Distribution P
CODES
Interim Use I
_A' -1 These references are for
- -— — — - -- - - -- - -- - -- - -
Permitted Use P guidance onl y and are not
Conditional Use C intended to include all
w - — applicable sections of the
C.n Planned Unit Development PUD code.
-- - - - - - -- -- - - - -- -- - - -
-- -- -- - - -- -- ---- - -- - --
Reference• -- --
Procedures for Site Plan Review X X 156.108
Procedures for Conditional Use Permits X X X X X X X X X X X 156.320
Procedures for Planned Unit Developments X X X X 156.200
Procedures for Varlances X X X X X X X X X X X 156.310
Landscape and Tree Planing Requirements X X X X X X X X X X X 156.167, 156.168
Fences X X X X X X X X X X X 156.111
Building Height Limits X X X X X X X X X X X 156.121
Yards X X X X X X X X X X X 156.122
Setbacks X X X X X X X X X X X Appendix A, Table 1
Parking Requirements X X X X X X X X X X X 156.166
Other Standards X X X X X X X X X X X 156.144
Outside Storage X X X X I X X X X X X X 156.144, M
Shoreland Requirements X X X X I X X X X X X 1 156.133