HomeMy WebLinkAbout2014-09-10 CC Packet
CITY OF CENTERVILLE COUNCIL MEETING & WORK
SESSION MEETING AGENDA
Wednesday, September 10, 2014, 6:30 P.M.
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 6:00 p.m.
COUNCIL MEETING
I. CALL TO ORDER
1. Roll Call
II. PLEDGE OF ALLEGIANCE
III. AWARDS/PRESENTATIONS/APPEARANCES
Centennial School District Superintendent Mr. Brian Dietz
IV. PUBLIC HEARING
V. APPROVAL OF AGENDA
VI. APPROVAL OF MINUTES
1. August 27, 2014 City Council Meeting Minutes (Pages 1-7)
2. August 27, 2014 City Council Work Session Meeting Minutes (Pages 8-9)
3. September 4, 2014 City Council Special Closed Session Meeting Minutes (Page 10)
VII. CONSENT AGENDA
1. City of Centerville August 28, 2014 through September 10, 2014 Claims (Check
#28928- 28962) (Pages 11-12)
2. Centennial Lakes Police Department Claims through August 28, 2014 (Check
#10036-10048) (Page 13)
3. Centennial Fire District Claims through September 2, 2014 (Check #6544-6548)
w/Payroll (Check #6533-6543) (Pages 14-15)
4. Encroachment Agreement, 7035 Eagle Trail – Fence in Drainage/Utility Easement
(Page 16)
5. Encroachment Agreement, 6987 Brian Drive – Accessory Structure/Shed in
Drainage/Utility Easement (Page 16)
6. C & L Excavating, Inc. Change Order #2 – Additional Watermain
Connections/CDBG ~ $68,512 (Pages 17-19)
VIII. OLD BUSINESS
1. Agreement for Services – Anoka County Radio Club & Emergency Services, Inc.
(Pages 20-21)
IX. NEW BUSINESS
1.P & Z Recommendation for Preliminary Approval Senior Housing Cooperative –
Hearth Development (Old Waterworks Site) (Pages 22-35)
2.Petition for Recommendations Regarding Regulating Music @ Outside Public
Events (Pages 36-50)
3.Third Amendment to Site Lease Agreement – T-Mobile/Water Tower Antenna
Lease (Allows three added antennas and increases rent accordingly) (Pages 51-53)
X. ANNOUNMENTS/UPDATES
1. Administrator Larson
XI. ADJOURNMENT
COUNCIL WORK SESSION
I. CALL TO ORDER
1. Roll Call
II. ITEMS OF DISCUSSION
1. 2015 Budget
2. Franchise Fees
III. ADJOURNMENT
**REMINDERS**
Planning & Zoning Commission Meeting – October 7, 2014, 6:30 p.m. (Council Chambers)
Parks & Recreation Committee Meeting – October 1, 2014, 6:30 p.m. (Council Chambers)
City Council Meeting – September 10, 2014, 6:30 p.m. (Council Chambers)
City Council Meeting – September 24, 2014, 6:30 p.m. (Council Chambers)
Interview candidates for City Administrator position - September 12-13, 2014
PARK USAGE RESERVATIONS
Ms. Jaci Smetana, Fitness Classes, Parking Lot, Football/Soccer Fields/Shelter, LaMotte Park ~ April
28 through October 31, 2014, Monday through Thursdays from 5:30-6:30 a.m.
Centennial Youth Football, LaMotte Park, Fields #1, #2 and 11 ~ August 1 through September 30,
2014 5:00 p.m. to dark (Tuesday & Thursday evenings & Saturdays late morning/early afternoon)
Centennial Soccer Club, LaMotte Park, Fields #1, #2, #11 & Baseball Outfields ~ August 1, through
October 30, 2014, 5:30 p.m. to sunset (Monday & Wednesday evenings) & Acorn Creek Park
Centennial Little League, Ball field #3, #4 and possibly #5, LaMotte Park ~ August 1 through October
30, 2014, Monday through Fridays from 4:00 p.m. to dark
Centennial Baseball Boosters – September 27, 2014 w/Alternate Date September 28, 2014 (5K & 10K
Run Through Park on Trails & Through Town), 6:30 a.m. – 11:00 a.m.
Cub Scout Rocket Launch, Pack 232 – Field #11 ~ Saturday, October 18, 2014 morning hours, prior to
noon.
CITY OF CENTERVILLE
CITY COUNCIL MEETING
August 27, 2014
6:30 p.m.
Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled
meeting of August 27, 2014 at City Hall, 1880 Main Street.
PRESENT: Mayor Tom Wilharber
Council Member Jeff Paar
Council Member Steve King
Council Member D. Love
Council Member Ben Fehrenbacher
ABSENT: None
STAFF: City Administrator Dallas Larson
City Engineer Mark Lee Mann
Legal Counsel Kurt Glaser
Public Works Director Paul Palzer
INTERVIEW CANDIDATES FOR PLANNING& ZONING COMMISSION
Council had arranged two interview two (2) candidates for a vacancy on the Planning & Zoning
Commission(Mr. Charles Reinhardt and Mr. Nick Twohy).
Council briefly interviewed Mr. Charles Reinhardt prior to commencing the City Council
meeting. The Council asked several questions of Mr. Reinhardt and reviewed his presented
application for appointment.
Mr. Nick Twohy was not present for an interview.
I. CALL TO ORDER
Mayor Wilharber called the meeting to order at 6:30 p.m.
II. PLEDGE OF ALLEGIANCE
III. AWARDS/PRESENTATIONS/APPEARANCES
IV. PUBLIC HEARING
1. None.
V. APPROVAL OF AGENDA
1
City of Centerville
Council Meeting Minutes
August 27,2014
Mayor Wilharber added Centerville Claims (Check #28924-28927). Mayor Wilharber stated that
the Set Agenda added clarification for Item #9 — Centerville Lions — Temporary Liquor License
& Event Permit for Octoberfest, September 27, 6-10 p.m. at LaMotte Park and Under Old
Business, Item #1., 1724 Heritage Street — Water Connection Deadline, Res. #14-OXX — A
Resolution Determine Water Service Availability for Certain Properties.
Motion by Council Member Love, seconded by Council Member Paar to approve the
Agenda as presented with the addition as stated above. All in favor. Motion passed
VI. APPROVAL OF MINUTES
1. August 13, 2014 City Council Meeting Minutes
The Mayor provided Council Members with an opportunity to amend the presented minutes.
Mayor Wilharber requested that the spelling of"apposed"be corrected to "opposed"on page 4.
Motion by Council Member Fehrenbacher, seconded by Council Member King to approve
the minutes of the August 13, 2014 City Council Meeting Minutes with the stated
correction. All in favor. Motion passed.
VII. CONSENT AGENDA
1. City of Centerville August 14, 2014 through August 27, 2014 Claims (Check #28900-
28923 w/Voided Check#28763 & (Check#28924-28927)
2. Centennial Police Department Claims through August 14,2014(Check#10015-10035)
3. Centennial Fire District Claims through August 19, 2014(Check #6517-6532)
4. Encroachment Agreement, 7055 Cottonwood Court — Accessory Structure —
Drainage/Utility Easement
5. Centerville Elementary PTA — Charitable Gambling (Bingo) Request — November 14,
2014
6. Corrpro Waterworks—Maintenance Agreement Contract(Annual Service Agreement)
7. C & L Excavating, Inc. — 2014 Royal Meadows Watermain Improvement, Pay Request 1
$178,265.66
8. C & L Excavating, Inc.—2014 Mill & Overlay Project—$40,440
9. Centerville Lions — Special Event Permit — Oktoberfest, September 27, 2014 from 5:00
p.m. — 11:00 p.m. —LaMotte Park(Waver of Fees)
a. Noise
b. Temporary On-Sale Liquor License
Council Member King desired to pull Item#9 for further discussion.
Motion by Council Member Love, seconded by Council Member Paar to approve the
Consent Agenda Items 1-8 as presented. All in favor. Motion passed.
Page 2 of 7
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City of Centerville
Council Meeting Minutes
August 27,2014
Council Member King questioned whether or not there would be a live band for the requested
Oktoberfest event. Centerville Lion Greg Keiselhorst stated that they would be playing music but
a live band would not be present.
Motion by Council Member Paar, seconded by Council Member Fehrenbacher to approve
Consent Agenda Item#9 as presented. All in favor. Motion passed
VIII. OLD BUSINESS
1. 1724 Heritage Street—Water Connection Deadline
Administrator Larson reported that subsequent to additional research; two residents had connected
to the watermain in the rear of the properties (one due to well failure and the other met income
guidelines for grant funding), the existing location of the watermain versus availability is fairly
unique due to the watermain's location generally abuts the front yard roadway and a shorter
distance to the home than in this case, and future downtown redevelopment.
Motion by Council Member Paar, seconded by Council Member Fehrenbacher to Adopt
Res.#14-OXX—A Resolution Determining Water Service Availability for Certain Properties
as presented.
Discussion ensued regarding language contained in the resolution which potentially could allow
residents to repair their existing wells due to availability not being in the roadway which abuts
their front yard(s). Consensus of the Council was that Attorney Glaser would draft new language
which would ensure that connection would be from the existing watermain location in the rear of
the properties if well repairs are in excess of $1,000 until such time as the watermain became
available along Heritage Street.
Council Member Paar withdrew the motion.
2. Lou Suski, Gaughan Realty, (Possible Offer &Update)—City Owned Surplus Property
Mr. Lou Suski introduced himself to Council and stated that Administrator Larson requested an
update. Mr. Suski stated that he had an offer from Mr. Robert Scott for 1691 & 1695 Main Street
in the amount of$110,000. Mr. Watts desired to construct a restaurant/bar at the location. Mr.
Suski suggested/recommended that Council consider adjusting the listing prices of all properties
due to the delay in recovery of the market, reduced pricing may spark attention and the original
listing prices may have been slightly high. Mr. Suski also recommended marketing 7030 — 20th
Avenue as two separate lots with one parcel being 2.3 acres and the other 5 acres due to the
location of easements/utilities/drainage.
Mr. Suski reviewed listing prices and recommendations for listing price reductions as follows:
1738 Main Street was $145,000 desired to reduce to $135,000 (Council consensus was $135,000);
marketing 7030 — 20`h Avenue as two parcels 2.3 acres and 5 acres for $1,395,000 which
increased by $1,000 (Council consensus was fine with the modification); 7073 Centerville Road
was $395,000 desired to reduce to $295,000 (Council consensus was $349,000); 7087 — 20`x'
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City of Centerville
Council Meeting Minutes
August 27,2014
Avenue South was $425,000 desired to reduce to $325,000 (Council consensus was $325,000);
and 7212 Old Mill Road was $65,000 desired to reduce to $50,000 (Council consensus was
$50,000).
Lengthy discussion took place regarding deviation from the original marketing prices,
residential/commercial property values in other communities, potential development with regard
to the individual properties and zoning,
Mr. Robert Scott addressed Council stated that he had placed an offer with Mr. Suski for the
purchase of 1691 & 1695 Main Street in the amount of$110,000 with the anticipation of closing
on the property by October 21, 2014. Mr. Scott stated that he desired to construct a building that
he would operate a restaurant/bar out of. Lengthy discussion ensued regarding the City's current
distance requirements from the school and church buildings. Mr. Suski felt that the offer of
$110,000 was a fair offer and better than market value. Discussion ensued regarding potential for
City Code amendment for liquor licensing requirements, additional requirement of hours of
serving, parking requirements, building size, traffic, etc. Mr. Scott stated that he felt comfortable
purchasing the property knowing that he may not have the ability to secure a liquor license and
that there would be parking difficulties. Mr. Scott felt that the City would be eager to work with
him to assist in a business venue of some sort. Mr. Scott stated that he currently owns two IT
companies so he is familiar with owning and operating businesses.
Motion by Council Member Fehrenbacher, seconded by Council Member Love to accept
Mr. Scott's offer to purchase 1691 & 1695 Main Street for $110,000 with a closing date of
October 21, 2014. All in favor. Motion gassed.
Administrator Larson stated that he had been in discussions with Miller Mobile Marine regarding
a short-term lease for the use of 7087 — 20th Avenue South as cold storage through the winter
months. Administrator Larson stated that the firm is currently renting a building further down the
street and anticipated purchasing it following the Flood Plain Study if there was a desirable
outcome. Administrator Larson stated that Miller Mobile Marine desires to remain in Centerville
and desires to purchase the existing building along with constructing additional buildings if the
Flood Plain Study is desirable for reduction in that area. Administrator Larson stated that an
Interim Use Permit would need to be obtained through Planning & Zoning, research regarding
how a short-term lease would affect the City's property taxes and the lease agreement would need
to be secured. Administrator Larson stated that Miller has agreed upon a monthly rental amount
of$1,150 if Council concurs. Council Member Love stated that the business is currently directly
behind his home and had not been bothered by any of their business. Administrator Larson stated
that the old fire truck is parked inside the building and either it would have to be moved by them
or they would have to work around it.
Motion by Council Member Love, seconded by Council Member King to authorize
Administrator Larson and Legal Counsel Glaser to verify that the lease would not trigger
the property being taxed by Anoka County, to commence negotiations and procedures to
secure the agreement. All in favor. Motion passed.
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City of Centerville
Council Meeting Minutes
August 27,2014
3. Approve Revised Change Order #1 2014 Royal Meadows Watermain Improvement
Project(Org. Approved 5/28/2014)
Administrator Larson stated that the change order was previously approved and with the new
modifications,it is being slightly decreased ($2,000) due to unit price changes.
Motion by Council Member Fehrenbacher, seconded by Council Member Paar to approve
the Revised Change Order #1 — Royal Meadows Watermain Improvement Proiect as
presented. All in favor. Motion passed.
IX. NEW BUSINESS
1. Request from Mr. William Bowen for Consideration of Extra Costs Incurred Due to
Watermain Lacked Service Line Stub
Administrator Larson stated that at the time of watermain installation and road reconstruction in
2007, there was a lack of a stub for connection to Mr. Bowen's property located at 7397 Old Mill
Road and that Mr. Bowen is required to connect his home to municipal water if available by
December 31, 2017. Administrator Larson stated that Mr. Bowen is interested in connection and
has received a bid for the project, however, his bid included the stub that should have been
installed at the time of the 2007 project but was not and Mr. Bowen is requesting that the City
consider paying for the stub as it should have been installed similar to others with the project.
Mr. Palzer and Administrator Larson both felt that the Engineer likely assumed that due to the
size of the lot at some point it would be developed into several lots and one stub would not be
sufficient.
Consensus of Council was that Mr. Bowen should have received a stub at the time of the original
project similar to others in the area and that he should be made whole. Administrator Larson
advised caution due to other areas where the same issues could arise and that this situation was
different due to the close proximity to the roadway.
Discussion was had regarding existing pipe size and ability to service additional parcels, error
during construction, potential for connection to hydrant line, Engineer's opinion whether bid was
accurate, and alternative options.
Motion by Council Member Love, seconded by Council Member Paar to authorize
Administrator Larson and Engineer Mann to research options for connection that may be
more cost effective but to provide the resident with the necessary stub in an amount not to
exceed$5,676.99. All in favor. Motion passed.
2. Consider Short-Term Lease of Old Public Works Site—7087—20th Avenue South
Previously discussed.
3. Appointment to the Planning&Zoning Commission
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City of Centerville
Council Meeting Minutes
August 27,2014
Mr. Twohy arrived at 6:45 p.m. Administrator Larson apologized for the error in scheduling of
the interview. Both Council and Mr. Twohy concurred that they desired to hold the interview at
the regular Council Meeting.
Council briefly interviewed Mr. Twohy, asked several questions and reviewed his presented
application for appointment.
Motion by Council Member Love, seconded by Council Member King to offer P & Z seat to
Mr. Nick Twohy and to extend the P & R vacancy to Mr. Reinhardt All in favor. Motion
passed.
The Mayor Recalled Old Business, Item #1, Res. #14-028 — Water Service Availability for
Certain Properties
Attorney Glaser added the following paragraph to the resolution — "This Resolution still requires
any property to follow the provisions of City Code Chapter 51, Section 51.08(b) in the event a
private well on the property falls into disrepair."
Motion by Council Member Fehrenbacher seconded by Council Member Paar to Adopt
Resolution Number 14-028 as modified by the City Attorney. All in favor. Motion passed
X. ANNOUNCEMENTS/UPDATES
Administrator Larson reported that Anoka County had awarded the Centerville Road
Reconstruction project the day prior, however, issues remain regarding right-of-way and utilities
relocation. The Contractor, Amt Construction, is eager to commence the project.
Council Member Love questioned resident comment regarding municipal services not being
provided along with the reconstruction of Centerville Road. Administrator Larson stated that
several residents were disappointed in the city's decision; however, it is not economically feasible
at this time.
Concern for the need of a second representative from the city to attend an upcoming Fire Steering
Committee Meeting was needed due to a scheduling conflict with the appointed representative.
Mayor Wilharber stated that critical items could be tabled until such time as the city has full
representation.
Mayor Wilharber reported that he had attended the Centennial Fire District meeting on August 28,
2014 where equipment disbursement was determined. Mayor Wilharber also stated that several
members from the City of Lino Lakes were represented along with City Administrator, Mr. Jim
Keinath form Circle Pines. Mayor Wilharber also reported that he felt the remaining communities
(Centerville and Circle Pines)were well represented and the process was well organized.
Council Member King reported that the North Metro Cable Commission's attorneys are
continuing to work with Comcast regarding the franchise transfer.
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City of Centerville
Council Meeting Minutes
August 27,2014
Mayor Wilharber also reported that he had attempted to attend a Rush Line Corridor meeting but
the meeting had been cancelled due to lack of quorum and attended a Water Sustainability
meeting presented by the Metropolitan Council which had many representatives present from
communities such as Hugo, White Bear Lake, Mahtomedi, Minnetonka, Minneapolis, Anoka and
others.
Engineer Mann reported that there were only a couple of weeks left until the 2014 Royal Meadow
Project should be complete, that Center Street was receiving its final lift with the punch list being
completed
Mayor Wilharber stated that Council would be going into a Work Session following a five minute
break.
XI. ADJOURNMENT
Motion by Council Member Fehrenbacher, seconded by Council Member King to Adiourn
the regularly scheduled meeting Council Meeting of August 27 2014 at 8.42 p.m. All in
favor. Motion passed.
Transcribed by City Staff Member Teresa Bender, City Clerk
Page 7 of 7
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City Council 2014-08-27
Minutes of Work Session
City Council 2014-08-27 8:45 p.m.
Minutes of Work Session
Present were Mayor Tom Wilharber, Council members Jeff Paar, Steve King, D Love,
and Ben Fehrenbacher. Also present were Kurt Glaser, City Attorney, Lee Mann of
Stantec., and Public Works Director Paul Palzer.
The purpose of the work session was to cover four agenda items:
Bond Refinancing. George Eilertson of Northland Securities was present to review
the 2009 Series B Improvement Bonds. The structure of the original bond issue
anticipated revenue from sale of certain city land along Commerce Drive. That sale
has not yet happened, while the bond has a balloon payment due in the year 2018.
Mr. Eilertson suggested that the City could refinance the bond and extend the
payment term so that the cash flow becomes more manageable, especially if the sale
of land does not happen as planned. The decision is not urgent and the consensus was
to have further discussion of this in October, so that a decision can be made in
advance of the first call date of February 1, 2015.
Budget 2014. The draft budget for 2015 has been updated to include changes in the
police costs, as well as adjustments to the required bond levies. The net effect is an
increase in the combined levy of 4.25%. There may be adjustments that can be made
to reduce it some. Council consensus was to have another work session in September
to review it again before the preliminary budget and levy is adopted. Also, staff was
asked to prepare to report on the revenue potential of franchise fees.
2015 Street Program. The Council deferred further review of the 2015 street
program. Staff will update the cost estimates and provide a list of affected property
owners so the project can move to the public comment stage. Benefitted properties
would be asked to bear a special assessment of$525 on the 2015 project.
Labor issues.
The Council discussed the engineer staffing from Stantec. Administrator
Larson expressed concern that Mark Statz who is assigned to Centerville took a
two-month leave of absence without any preplanning, leaving the city in a
difficult spot. Larson suggested that Stantec staff may have rights to certain leave,
but those personnel issues should not adversely affect Centerville. Solutions were
discussed, including assigning a different staff person to Centerville on a
permanent basis, and better planning and transitioning in the future, should a
leave issue arise again. Lee Mann of Stantec apologized for the way the situation
was handled and the lack of communication in advance of the leave. Mr. Mann
assured the Council that the City would not be placed in this situation again, that
in the future, better advance planning will be done and further assured the Council
that the city will not be double billed because other Stantec staff have to work
along-side Mark to get up to speed in advance of a leave. Council was satisfied
with leaving Statz in his position, with the assurance that were provided by Mr.
Mann.
Page 1 of 2
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City Council 2014-08-27
Minutes of Work Session
Administrator Larson reported that the agreement with Local 49 for Public
Works employees expires at the end of the year and asked if the council wishes to
leave the negotiations to the new administrator. Since Larson will be available
part time to the end of the year, consensus was that he should negotiate the new
contract.
Council reviewed a draft amendment to the city personal policy as it relates to
Health Care Savings Plan. The draft would provide funding through unused PTO
time at the end of the year and also made a change that would include elected
officials in the plan. Council took the suggestions under advisement.
The meeting was adjourned at approximately 9:50 p.m.
Dallas Larson, Administrator
Page 2 of 2
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The City Council of Centerville, Minnesota met in a special session on Thursday,
September 4, 2014, at 6:30 p.m. in City Hall. Present were Mayor Tom Wilharber,
Council members Steve King, Ben Fehrenbacher, D. Love and Jeff Paar. Also present
were Administrator Dallas Larson and recruitment consultant Richard Fursman. The
purpose of the meeting was to review job applicants for the City Administrator Position.
Mr. Fursman reviewed the highlights of the qualifications of the ten applicants that he
suggested that Council consider for interviews. He recommended that Council interview
five or six candidates. After considerable discussion and questioning of the consultant,
Council ranked the candidates and by consensus agreed on five that will be interviewed.
The interviews will be a three step process beginning on September 12. Candidates will
have one-on-one meetings with council followed by dinner as a large group. Then on
September 13, the candidates will be interviewed by Council and a separate staff panel.
The staff panel will present their findings, after which, Council will select a candidate to
offer the position to. The entire process should conclude by about 3:00 on September 13.
The meeting was duly adjourned at 8:17 p.m.
Dallas Larson, City Administrator
CITY OF CENTERVILLE 09/05/14 1:11 PM
Check Detail - September 10, 2014 Page 1
Check
Date Check# Vender Name Comments Amount
9/2/2014 028928 SUN LIFE INSURANCE COMPANY SEPT 2014 DISABILITY INSURANCE $127.64
9/2/2014 028928 SUN LIFE INSURANCE COMPANY SEPT 2014 LIFE INSURANCE iiaig
Check Nbr 028928 SUN LIFE INSURANCE COMPANY $145.74
9/2/2014 028929 TRU GREEN-CHEM LAWN 7145 MAIN STREET-LAWN CARE
Check Nbr 028929 TRU GREEN-CHEM LAWN $32.51
9/10/2014 028930 AMUNDSEN,KEVIN P&R MEETING 7-2,8-6&9-3-14
Check Nbr 028930 AMUNDSEN, KEVIN $60.00
9/10/2014 028931 ANOKA COUNTY PROPERTY RECORDS 2014 PRIMARY BALLOTS
Check Nbr 028931 ANOKA COUNTY PROPERTY RECORDS $37.16
9/10/2014 028932 BETTINGER, CHRISTOPHER P&R MEETINGS-8-6-&9-3-14
Check Nbr 028932 BETTINGER,CHRISTOPHER $40.00
9/10/2014 028933 BRANCH, PATRICK P&R MEETING 9-3-14 $20.00
9/10/2014 028933 BRANCH,PATRICK REIMBURSE FOR 8K RUN-WATER AND POSTAGE FOR T 102.6
Check Nbr 028933 BRANCH PATRICK 122.6
9/10/2014 028934 CENTENNIAL LAKES POLICE DEPT POLICE SERVICES-SEPTEMBER 2014
Check Nbr 028934 CENTENNIAL LAKES POLICE DEPT $57,321.25
9/10/2014 028935 CENTERPOINT ENERGY 6970 LAMOTTE DR-SERV THRU 8-26-14 $15.12
9/10/2014 028935 CENTERPOINT ENERGY 1737 MAIN ST-SERV THRU 8-26-14 $8,39
9/10/2014 028935 CENTERPOINT ENERGY 7087 20TH AVE S-SERV THRU 8-26-14 $12.59
9/10/2014 028935 CENTERPOINT ENERGY 1880 MAIN ST-SERV THRU 8-26-14 $61.84
9/10/2014 028935 CENTERPOINT ENERGY 1785 PELTIER LAKE DR-SERV THRU 8-26-14 $15.12
9/10/2014 028935 CENTERPOINT ENERGY 2085 W CEDAR ST-SERV THRU 8-26-14 $70.83
Check Nbr 028935 CENTERPOINT ENERGY $183.89
9/10/2014 028936 CENTURY BUILDING TEAM,INC. 1785 STEVEN LN-13-072 ESCROW RELEASE
Check Nbr 028936 CENTURY BUILDING TEAM.INC. $5,000.00
9/10/2014 028937 CITY OF CENTERVILLE-MASTERCA PARTS $21.98
9/10/2014 028937 CITY OF CENTERVILLE-MASTERCA SEMINAR- 10,000 LAKES CHAPTER $100.00
9/10/2014 028937 CITY OF CENTERVILLE-MASTERCA FUEL $496.25
9/10/2014 028937 CITY OF CENTERVILLE-MASTERCA ELECTION JUDGES-MIEAL-WISEGUYS PIZZA $44.50
9/10/2014 028937 CITY OF CENTERVILLE-MASTERCA NOTARY-REGISTRATION T.BENDER&K SWEENEY $280.00
9/10/2014 028937 CITY OF CENTERVILLE-MASTERCA WATER SAMPLE(TEST) $3.22
9/10/2014 028937 CITY OF CENTERVILLE-MASTERCA REPAIRS&MAINT-2005 FORD RANGER $446.69
9/10/2014 028937 CITY OF CENTERVILLE-MASTERCA SUPPLIES $2,132.01
9/10/2014 028937 CITY OF CENTERVILLE-MASTERCA FUEL $1,261.02
9/10/2014 028937 CITY OF CENTERVILLE-MASTERCA POSTAGE&PRESTAMP ENVELOPES $1,136.00
9/10/2014 028937 CITY OF CENTERVILLE-MASTERCA SUPPLIES-REPAIR&MAINT $934.68
Check Nbr 028937 CITY OF CENTERVILLE-MASTERCA $6,856.35
9/10/2014 028938 CITY OF CIRCLE PINES 2014 SEPT POLICE BLDG PAYMENT $5,000.00
9/10/2014 028938 CITY OF CIRCLE PINES 2014 SEPT POLICE BLDG PAYMENT $496.46
Check Nbr 028938 CITY OF CIRCLE PINES $5,496.46
9/10/2014 028939 CITY OF ROSEVILLE IT SERVICES-SEPT 2014 $63.62
9/10/2014 028939 CITY OF ROSEVILLE IT SERVICES-SEPT 2014 $63.63
heck Nbr 028939 CITY OF ROSEVILLE $127.25
9/10/2014 028940 CONNEXUS ENERGY STREET LIGHTS-395653-219699-SERV THRU 8-21-14 $108.97
9/10/2014 028940 CONNEXUS ENERGY 6800 20TH-RADIO FOR SCADA-SERV THRU 8-22-14 $6.70
9/10/2014 028940 CONNEXUS ENERGY 6800 20TH-RADIO FOR SCADA-SERV THRU 8-22-14 $6.71
9/10/2014 028940 CONNEXUS ENERGY 2085 W CEDAR ST-SERV THRU 8-18-14 $509.60
9/10/2014 028940 CONNEXUS ENERGY 7087-20TH AVE N-SERV THRU 8-18-14 $118.19
9/10/2014 028940 CONNEXUS ENERGY 6900-20TH AVE-LIFT STAT-SERV THRU 8-18-14 $62.58
9/10/2014 028940 CONNEXUS ENERGY 7100-20TH AVE-TRAFSG-SERV THRU 8-22-14 $79,85
9/10/2014 028940 CONNEXUS ENERGY STREET LIGHTS-695653-219678-SERV THRU8-21-14 $76.65
;heck Nbr 028940 CONNEXUS ENERGY $969.25
9/10/2014 028941 CORRPRO PLAN C- 10-1-14 THRU 9-30-15 ANNUAL SERVICE AGREEMENT
;heck Nbr 028941 CORRPRO $710.00
9/10/2014 028942 DAVE KICHLER INSPECTIONS,INC. ELECTRICAL INSPECTIONS
`erk Nbr 028942 DAVE KICHLER INSPECTIONS.INC. $1,065.60
9/10/2014 028943 FLINT, JAMES P&Z MEETINGS-9-2-14
br 028943 FLINT, JAMES $20.00
11
CITY OF CENTERVILLE 09/05/14 1:11 PM
Check Detail - September 10, 2014 Page 2
Check
Date Check# Vender Name Comments Amo nr
9/10/2014 028944 GOOCH, BRETT&AMANDA REFUND OVER PYMT ON FINAL UT BILL-1956 72 1/2 STREET
Check Nbr 028944 GOOCH.BRETT&AMANDA $31.76
9/10/2014 028945 GRAHEK,JOHN P&R MEETINGS-8-6&9-3-14
Check 028945 GRAHEK.JOHN
-- $40.00
9/10/2014 028946 HAIDEN, MARK P&Z MEETING-8-5-14
Check Nbr 028946 HAIDEN.MARK
$20.00
9/10/2014 028947 INTEGRA PHONE SERVICE THRU 9-22-14
Check Nbr 028947 INTEGRA $33.83
9/10/2014 028948 KENNETH A.TOLZMANN,SAMA PROPERTY TAX ASSESSMENTS
Check Nbr 028948 KENNETH A.TOLZMANN,SAMA $3,977.88
9/10/2014 028949 KOSKI, RUSSELL P&Z MEETINGS-8-5-14&9-2-14
Check Nbr 028949 KOSKI,RUSSELL $40.00
9/10/2014 028950 LEAGUE OF MN CITIES MEMBERSHIP DUES
Check Nbr 028950 LEAGUE OF MN CITIES $30.00
9/10/2014 028951 LEAGUE OF MN CITIES* MEMBERSHIP DUES FOR 2014-2015
Check Nbr 028951 LEAGUE OF MN CITIES* $3,950.00
9/10/2014 028952 MINN. DEPT.OF HEALTH WATER TESTING FOR 7-1-14 THRU 9-30-14
Check Nbr 028952 MINN. DEPT.OF HEALTH $1,755.00
9/10/2014 028953 MONTAIN,MATTHEW P&Z MEETINGS-8-5-14 &9-2-14
Check Nbr 028953 MONTAIN,MATTHEW $40.00
9/10/2014 028954 MOSHER,DARRIN P&Z MEETINGS-8-5-14 &9-2-14
Check Nbr 028954 MOSHER, DARRIN $20.00
9/10/2014 028955 PETERSON,BRIAN P&R MEETINGS-7-2,8-6&9-3-14
Check Nbr 028955 PETERSON.BRIAN $60.00
9/10/2014 028956 REINHARDT,CHARLES P&R MEETING-9-3-14
Check Nbr 028956 REINHARDT CHARLES 2(
9/10/2014 028957 SECURITY CONTROL SYSTEMS,INC. MONITORING FEE
Check Nbr 028957 SECURITY CONTROL SYSTEMS. INC. $256.5v
9/10/2014 028958 SEELEY,SUZANNE P&R MEETINGS-8-6&9-3-14
Check Nbr 028958 SEELEY SUZANNE $40.00
9/10/2014 028959 SMITH&GLASER, LLC CAMP-BARRON- SERV THRU 4-1-14 THRU 6-30-14 $38.00
9/10/2014 028959 SMITH&GLASER, LLC KELLY MATTER- SERV THRU 4-1-14 THRU 6-30-14 $175.50
9/10/2014 028959 SMITH&GLASER, LLC CAMP-BARRON- SERV THRU 4-1-14 THRU 6-30-14 $152.00
9/10/2014 028959 SMITH&GLASER, LLC PROSECUTION MATTER- SERV THRU 4-1-14 THRU 6-30-14 $3,955.50
9/10/2014 028959 SMITH&GLASER, LLC FILING FEES-SATISFACTION OF JUDGEMENT-SHEEHY V. $7.00
9/10/2014 028959 SMITH&GLASER, LLC GENERAL- SERV THRU 4-1-14 THRU 6-30-14 $1,472.50
9/10/2014 028959 SMITH&GLASER, LLC 7047-21ST-SHEEHY- SERV THRU 4-1-14 THRU 6-30-14 $717.50
9/10/2014 028959 SMITH&GLASER, LLC GENERAL- SERV THRU 4-1-14 THRU 6-30-14 $1,447.00
9/10/2014 028959 SMITH&GLASER, LLC 7047-21ST-SHEEHY-SERV THRU 4-1-14 THRU 6-30-14 $2,243.00
9/10/2014 028959 SMITH&GLASER, LLC PROSECUTION MATTER- SERV THRU 4-1-14 THRU 6-30-14 $4,491.00
9/10/2014 028959 SMITH&GLASER, LLC GENERAL-A SERV THRU 4-1-14 THRU 6-30-14 $1,065.50
9/10/2014 028959 SMITH&GLASER, LLC CAMP-BARRON-SERV THRU 4-1-14 THRU 6-30-14 $19.00
9/10/2014 028959 SMITH&GLASER, LLC 7047- 21ST AVE-SHEEHY- SERV THRU 4-1-14 THRU 6-30-14 $495.00
9/10/2014 028959 SMITH&GLASER, LLC PROSECUTION MATTER- SERV THRU 4-1-14 THRU 6-30-14 $4,452.00
Check Nbr 028959 SMITH&GLASER,LLC $20,730.50
9/10/2014 028960 TWOHY, NICK P&R MEETINGS-7-2&8-6-14 $40.00
9/10/2014 028960 TWOHY, NICK P&Z MEETING-9-2-14 $20.00
heck Nbr 028960 TWOHY, NICK $60.00
9/10/2014 028961 WAEGHE, KEVIN P&R MEETINGS-8-6-14&7-2-14
heck Nbr 028961 WAEGHE, KEVIN $40.00
9/10/2014 028962 WOOD,TOM P&Z MEETINGS-8-5-14&9-2-14
-heck Nbr 028962 WOOD TOM 40.00
Total Checks $109,373.56
12
CENTENNIAL LAKES POLICE DEPT Check Register-Police GL without invoice numbers Page: 1
Check Issue Dates:8/15/2014-8/28/2014 Aug 28, 2014 12:24PM
Report Criteria:
Report type: Summary
GL Check Ck No Description Check
Period Issue Date Payee Amount
08/14 08/28/2014 10036 AMAZON SALES TAX 1,139.97
08/14 08/28/2014 10037 ANOKA CO TREASURY DEPT. SEPT BROADBAND 75.00
08/14 08/28/2014 10038 BCA FINGERPRINT CARDS 36.50
08/14 08/28/2014 10039 CONNEXUS ENERGY JULY ELECTRIC 2,940.46
08/14 08/28/2014 10040 DON'S CIRCLE SERVICE, INC VEH REPAIRS&MTC 2,117.60
08/14 08/28/2014 10041 KEEPRS, INC UNIFORMS 445.86
08/14 08/28/2014 10042 LEAGUE OF MN CITIES LEADERSHIP TRAINING/POLICE REP 105.00
08/14 08/28/2014 10043 METRO SALES, INC COPIER MTC CONTRACT 94.67
08/14 08/28/2014 10044 NEAL A. NOREN BLDG MTC HOURS/SUPPLIES 248.15
08/14 08/28/2014 10045 QUILL CORPORATION PAPER/INK 130.48
08/14 08/28/2014 10046 SHRED-N-GO, INC SHREDDING SERVICE 40.00
08/14 08/28/2014 10047 SUN LIFE FINANCIAL SEPT LIFE/DISABILITY 100.26
08114 08/28/2014 10048 TOP GREEN GROUNDS MTC 671.98
Grand Totals: 8,145.93
M =Manual Check, V=Void Check
13
CENTENNIAL FIRE DISTRICT Check Register-FIRE GL Page: 1
Check Issue Dates:8/30/2014-9/2/2014 Sep 02,2014 04:17PM
Report Criteria:
Report type: Summary
GL Check Check Vendor Description Check
Period Issue Date Number Number Payee Amount
09/14 09/02/2014 6544 10600 ANCOM COMMUNICATIONS,IN PAGER PACKAGE/SERVICE 1,021,00
09/14 09/02/2014 6545 11565 ASPEN MILLS,INC FIRE BOOT 1,245,05
09/14 09/02/2014 6546 30500 CENTURY LINK CENTERVILLE PHONE 57,48
09/14 09/02/2014 6547 31137 CONNEXUS ENERGY JULY ELECTRIC STATION 1 515.40
09/14 09/02/2014 6548 220200 VERIZON WIRELESS COMMUNICATIONS 96.06
Grand Totals: 2,934.99
Check#6533-6543 Payroll
M=Manual Check,V=Void Check
14
CENTENNIAL FIRE DISTRICT Check Register-FIRE GL Page: 1
Check Issue Dates:8/20/2014-8/29/2014 Sep 02,2014 04:OOPM
Report Criteria:
Report type: Summary
GL Check Check Vendor Description Check
Period Issue Date Number Number Payee Amount
08/14 08/29/2014 2014010 210300 US BANK VISA-MEDICAL SUPPLIES 1,449.51
Grand Totals: 1,449.51
M=Manual Check,V=Void Check
15
E �
TO: Honorable Mayor and Council Members
FROM: Staff
SUBJECT: 7035 Eagle Trail—Fence (Partially Located within Drainage/Utility
Easement(Rear& Side Yards) & 6987 Brian Drive—Accessory
Structure/Shed (Located within Drainage/Utility Easement-Great River
Energy) {City Encroachment Agreement&Agreement w/Great River
Energy on File)
DATE: September 5, 2014
The property owners have submitted all permits, applications, agreements and paid
associated fees for construction. Building Official Palzer has reviewed said permits and
applications and concludes that the construction will not interfere with drainage or
impose harm on neighboring properties.
16
Owner: City of Centerville, 1880 Main St.,Centerville,MN 55038 Date September 3,2014
®Stantec Contractor: C&L Excavating,Inc.,7939 Ridgewood Rd.,St.Joseph,MN 56374
Bond Company: Bond No:
CONSTRUCTION CHANGE ORDER NO. 2
2014 ROYAL MEADOWS WATERMAIN IMPROVEMENTS (LABOR BID)
STANTEC PROJECT NO. 193802483
Description of Work
This Change Order provides for additional work to provide services Off Project to the following addresses:
1321 Mound Trail,240 LF.
1759 Peltier Lake Dr.,70 LF.
1667 Peltier Lake Dr.,70 LF.
1613 Peltier Lake Dr.,39 LF.
6948 Dupre Rd.,65 LF.
7130 Shad Ave.,60 LF.
6918 Pheasant Ln.,70 LF.
1688 Heritage,70 LF.
7353 20th Ave., 102 LF.
1600 Peltier Lake Dr.,70 LF.
This Change Order also provides for adjustments to the completion dates for this project. Substantial completion date of
September 26,2014 is extended to October 31,2014.Final Completion date of October 10,2014 is extended to
November 14,2014. There is no additional compensation to the Contractor for this change in completion dates.
Contract Unit Total
No. Item Unit Quantity Price Amount
CHANGE ORDER NO.2
1 CONNECT WATER SERVICE TO EXISTING EA 10 $1,000.00 $10,000.00
PLUMBING INSIDE HOME
2 INSTALL 1"HDPE WATER SERVICE DIRECTIONAL LF 856 $52.00 $44,512.00
DRILLED-CURB STOP
3 CONNECT TO EXISTING CURB STOP EA 10 $1,400.00 $14,000.00
TOTAL CHANGE ORDER NO. 2: $68,512.00
193802483CH02-laborAsm
17
Original Contract Amount $297,601.80
Previous Change Orders $80,150.00
This Change Order $68,512.00
Revised Contract Amount (including this change order) $446,263.80
CHANGE IN CONTRACT TIMES
Original Contract Times:
Substantial Completion (days or date): September 26, 2014
Ready for final Payment (days or date): October 10, 2014
Increase of this Change Order:
Substantial Completion (days or date): October 31, 2014
Ready for final Payment (days or date): November 14, 2014
Contract Time with all approved Change Orders:
Substantial Completion (days or date):
Ready for final Payment (days or date):
Recommended for Approval by:
STANTEC
Date:
Approved by Contractor: Approved by Owner:
C&L EXCAVATING, INC. CITY OF CENTERVILLE
Date Date
cc: Owner
Contractor
Bonding Company
Stantec
193802483CH02-LaborAsm
18
Original Contract Amount $297,601.80
Previous Change Orders $80,150.00
This Change Order $68,512.00
Revised Contract Amount (including this change order) $446,263.80
CHANGE IN CONTRACT TIMES
Original Contract Times:
Substantial Completion (days or date): September 26, 2014
Ready for final Payment (days or date): October 10, 2014
Increase of this Change Order:
Substantial Completion (days or date): October 31, 2014
Ready for final Payment (days or date): November 14, 2014
Contract Time with all approved Change Orders:
Substantial Completion (days or date):
Ready for final Payment (days or date):
Recommended for Approval by:
STANTEC
Date:
)-In g/31 za
Approved by Contractor: Approved by Owner:
CLL EXCAVATING, INC. CITY OF CENTERVILLE
Date Date
cc: Owner
Contractor
Bonding Company
Stantec
193802493CH02-LaborAsm
19
STANDARD FORM OF AGREEMENT
THE CITY OF CENTERVILLE
THIS AGREEMENT is by and between City of Centerville, Minnesota (hereinafter referred to
as the"City") and Anoka County Radio Club and Emergency Services, Inc. (hereinafter
referred to as the"Contractor"). City and Contractor, in consideration of the mutual covenants
hereinafter set forth, agree as follows:
ARTICLE 1. The Agreement
1.1. Contractor shall complete all work as specified in the following Contract Document:
1.1.1. This Agreement.
1.2. After being reduced to writing and signed by the Contractor and the City certain documents can
become Contract Documents, and are incorporated into this Agreement by reference. These are
documents which may be delivered or issued on or after the Effective Date of the Agreement
and are not attached hereto. These documents can include:
1.2.1. Insurance Certificate
1.2.2. Written requests for services
1.3. These are all of the documents which form this Agreement. No verbal agreements exist outside
of the Contract Documents, and nothing shall modify the terms of this Agreement unless the
modification is in writing and signed by all parties.
ARTICLE 2. The Project and Contract Term
2.1. The Project for which the work under the Contract Documents is generally described as
follows:
Provide logistical support for annual Fete des Lacs Community Celebration.
Services may include providing radios and staff to communicate during the
parade as well as providing assistance with other activities.
Each year, not later than July I",the city shall issue a"Written request for
services"indicating what assistance is needed and the authorized cost for the
services.
2.2. The term of this agreement shall run from June 1, 2014 to December 31, 2016, but may be
extended by the parties with mutual written consent. The agreement may be cancelled by
either party upon 30 days written notice.
ARTICLE 3. Contract Administration
3.1. The Project will be monitored by the City Administrator(hereinafter referred to as
"Administrator'), who is to act as City's representative, assume all duties and responsibilities,
and will have the rights and authority assigned to Administrator in the Contract Documents in
connection with the completion of the work in accordance with the Contract Documents.
ARTICLE 4. Deadlines
4.1. Dates for Completion and Payment
4.1.1. Contractor shall deliver the requested services during the times required.
AGREEMENT BETWEEN CITY OF CENTERVILLE AND ANOKA COUNTY RADIO CLUB
PAGE NO ' of 2
ARTICLE 5. Contract Price
5.1. City shall pay Contractor for completion of the work in accordance with the Contract
Documents an amount in current funds as follows:
Lump-sum at September 1 of each year, following completion of requested
services. The reimbursement for services shall not exceed $500 per calendar
year.
ARTICLE 6. Payment
6.1. Payments
6.1.1 The City shall issue Payment within three weeks of receipt of a verified invoice.
ARTICLE 7. Miscellaneous
7.1. Assignment of Contract
No party may assign any rights under or interests in the Contract without the written consent of
the party sought to be bound; and, specifically but without limitation, moneys that may become
due and moneys that are due may not be assigned without such consent (except to the extent
limited by law). Unless specifically stated to the contrary no assignment will release or discharge
the assignor from any duty or responsibility under the Contract Documents or applicable law.
7.2. Severability
Should any part of this Agreement or the Contract Documents be voided or found unenforceable
as a matter of Law or Regulation, all remaining provisions shall continue to be valid and binding
upon City and Contactor.In this event,the Parties now agree that this Agreement and the Contract Doaarnents
shall be reformed to replace such stricken provision or part thereof with a valid and enforceable
provision that comes as close as possible to expressing the intention of the stricken provision.
7.3. Forum
The laws of the State of Minnesota and the United States of America shall apply to the
Agreement and the Contract Documents.
IN WITNESS WHEREOF,City and Contractor have signed this Agreement in duplicate.One counterpart each has been
delivered to City and Contractor. All portions of the Contract Documents have been signed or identified by City and
Contractor or on their behalf.
This Agreement will be effective on December 1,2013.
City: City of Centerville Contractor: Anoka County Radio Club
(Signature) (Signature)
(Printed name and title) (Printed name and title)
Owner: Contractor:
Mr.Dallas Larson Anoka County Radio Club
City Administrator P.O. Box 982
1880 Main Street Anoka,MN 55303
AGREEMENT BETWEEN CITY OF CENTERVILLE AND ANOKA COUNTY RADIO CLUB
PAGE NO of 2
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Common open space
Public open space:
•: Strc:cts
Off street pttrlcing and loncling areas
e.- Commercial kme.
Office use
ludush'i<tl use
Prc.)posed completion schedule, ittcludinT;staginf;or phasing;of(hc. development
�~ Middab)e Acreage Calculations Wkwkshect
Preliminary Grading, 1;)raina�;c, and hrosion Control Phan. All elevations and contours shall be based
at NAVD-1988
Off-street parking system plan with detailecl parking calculations shnwiDg that the MininMurn parking
re(]Ui,'G1nCnlfi are being met
Preliminary Utility Plan
Preliminary Lighting ]'Ian
A dotailed traffic impact analysis of the proposed development
- estimate Of'population w occupy the silc, wide breakdown to number of'cliddrelt,ach,lls mud .families.
Application five and escl'ow
APPLICATION MUST BE PRESENTED ED NVI T'TT FIVE LARGE COPIES OF PLANS AND TEN
COPIES OIC PLANS SIZE 11 X 17
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AI)PLICATION FOR PRELIMINARY PLAT
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DATE, PA I D: ..___.» _.�..,,, ___.. _..__. I'11 ; S7Q_O.UO I linginCerinl,le►3nl lees,hubliealion
or
other reouircnlauts.
LOCATION OF PRO 1'I I2'I'Y: 7281 Comily Hi th�vi y_14, C" nterviIle MN_---
1_,J: CiAl., 17ESCRIPTION' Oh PW)Pl;it"f'Y: ._..____..____,.T__.... ..
SIZE OF PARC1'L, (S): AI) )1 l'Ox. 5 tow) parcel A is 5.5 Aores parcel_Iwo is 3 Acl'cs
NUMBER OF I.,O'1'S PROPOSED )NIA-IF, PLAT: 2 lots
PROPI.;{'TY OWNER: Rich Dcfoe _ _._ P1-IONU M 65 1-231-0334
FEE OWNFIR: Sfu)tc
ADDRESS: 7281m(:ount�
APPIACANI'S 1N'I'T'RI ST IN PROPERTY:
PLE OWNER C ONTRACT PURCHASER
..GLBA,SI, HOLDER _FVJ� OPTION TO PURCHASE
DESCRIPTION 01 R,l: Qll[::S^1-: 1)eyol2J)/13uild,01, 80 unit senior Cb- t�)►'r jecl. _r_J_,.
(:)euro/Itetnprfll o��cxistinL; Wttic`rworks f3ltr Stru4ture. �_�._._ �.. .- .�.--..---.._..
REASON 1=(7K 1Zk:C�IJhS'{': 1\le f'cc,l there is a necd lbr a F01'Sale Sell in_l' I'rojcci ill (hi$
M'c_a. The locsltion offer~ a lremcnons o1�hc)Iaunit� for the conlmunit � t�hive� first rftte_
settiolowned
1))'paying the nbove slntcd dd
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RECEIVED OF 10177 AMOUNT
Hearth Development $9,200.00
6750 Stillwater Blvd N#200
Stillwater MN 55082
For:
Gladstone Cooperative of CHECK# 1001
Centerville Surcha a NIA
(Waterworks Pro e )
7281 Main Street
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August 18,20141 BY KrisSweeney
26
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PAY TO THE DATE 75-1252/919
k ORDER OF
LLARS
LAKE AREA BANK DO
Friends Sernng.Neighbors Since 1915
5795 MORNMIG DOPE AVE N•M(WAHR MN 55052•1651)AM 9500
FOR B01) NA
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27
CITY OF CENTERVILLE
NOTICE OF PUBLIC HEARING BEFORE THE PLANNING & ZONING
(Property Identification##: 15-31-22-43-0004 & 15-31-22-44-0001)
7265& 7281 Main Street
NOTICE IS HEREBY GIVEN, that the Planning and Zoning Commission of the City of
Centerville will consider application of Richard Defoe and Greg Johnson for subdivision
of the aforementioned parcels into two reconfigured parcels of approximately two acres
and five acres in size and further will consider an application for Planned Unit
Development of the smile property consisting of one parcel with a single family' home
and a larger parcel \\•ith an 80 unit senior housing cooperative. Interested persons may
provide comments in writing to the address below, or present them in person at the
hearing.
The meeting is scheduled for Tuesday. September 2. 2014 commencing at 6:30
p.ln. or shortly thereafter. The public hearing will be held in Council Chambers located
at 1880 Alain Street, Centerville. Minnesota 55038.
The City Hall is ADA accessible. Requests for hearing assisted devices or a sign-
language interpreter must be received before 4:00 p.m.. August 29, 2013. All persons
interested are invited to attend and to be heard.
You may contact the City Clerl's office at (651) 429-3232 or by facsimile (651)
429-8629 if you need additional information. If you desire; you may email:
dlarson'Cr Celltei'\'111e1111LCOn] or thender�a'centzr\illemn,am) with questions or concerns,
This notice is also available on the City's web site: wNy\\.eejl1er\1llenlll.colll.
Teresa Bender. City Clerk-CMC
Published in the Quad Community Press on May 21. 2013
SAPlamung&Zolung\p&zheanng notices`lntenm Use Pemlit Request-Rehbeln doc
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35
PETITION
FOR
RECOMMENDATIONS
Regarding
Regulating Music at Outside Public Events
Dated August 3, 2014
This Petition was created due to the event that took place at Kelly's Bar on July 26, 2014 in which Kelly's Bar
and the Centerville Lion's Club partnered together to host a fund raiser in connection with the Fete des Lacs
Festival.
At this time, as concerned citizens, we want to make it perfectly clear that we do not wish to deny the Centerville
Lion's Club of any fundraisers in the future. They're very much appreciated for their hard work and the time
they put into fund raising events in trying to make this community a better place. However,the event that took
place on July 26, 2014 is of great concern and we are asking the Council, at this time,to remedy this problem
from occurring again in the future with similar events.
The main problem of this event was the unnecessary high volume of the music especially the bass.
The band started at 6:00 p.m. and ended a few minutes after 12:00 a.m. The six hours that the band played the
volume and bass were outrageous. The area that the band played in was a fenced in area. Thus, it was not
necessary for such a loud sound system. This music could be heard up to a mile away. As residents we feel we
have a right to the enjoyment of our property whether it's inside or out. See Exhibit A as to safe levels of sound.
Also,there are people that have young children that need to go to bed, people that have to work the next day,
health issues that require rest periodically throughout the day and evening or other obligations that require
getting up early. Also, we recommend the members of the Council do an internet search on the serious health
effects of continued loud decibels.
The downtown area is zoned as mixed use. There are ordinances for this area and other areas of Centerville
regarding nuisances which are very specific. We refer you to Chapter 91: Health and Safety: Nuisances, Sec.
General Provisions 91.01-.09. We understand that this applies to daily living and this event on July 26,2014 was
a variance granted by the City Council. However,we feel that when a variance is granted by the City Council
especially in such close proximity of residential properties that you hold the parties involved to adhere especially
to the time published to residents and a decibel level that's acceptable to the neighboring property owners.
According to Section 91.09(C)(4)(a), under Exceptions for special events,the time of the event is supposed to be
clearly stated. The event was stated as starting at 8:00 p.m. but no end time. The event actually started at 6:60
p.m. and ended about 12:05 a.m. The variance may have been granted to start at 6:00 p.m. but the understanding
of the citizens was it was supposed to start at 8:00 p.m. This was not clearly stated on the City's website nor in
The Citizen. Also,there was no effort to minimize the volume of the music,at any time, which also goes against
the variance stating the Council shall balance the hardship to the applicant against the adverse impact on the
health, safety and welfare of the persons affected,the adverse impact on property affected, and any other adverse
effects of granting the variance. Another possible serious situation is that the volume and bass was so loud that
if there were an emergency vehicle coming through the city at the time the band was playing, would people be
able to hear them and make room for them to get by? A serious situation could have arisen during this event due
to the fact not being able to hear a siren. This is a safety issue.
-1-
36
In the past there have been a couple of other outside events that included bands for fund raising events that
received numerous complaints due to extremely high volume and bass. One was an event many years ago
hosted by Waterworks and another in which the previous owner of Kelly's Bar hosted when Mayor Swedberg
was in office. He could hear it down to his house and agreed it was too loud. The outside event on July 26,
2014 also had extremely high volume and bass such as these two previous events. All three of these events were
heard up to a mile away. The only other outside music events that we are aware of is when Jim Maher owned
Kelly's Bar and would host an annual fund raiser in connection with the Centerville Lion's Club. The music
played from 4:00 p.m. to 8:00 p.m. and the volume and bass were closely monitored and enjoyed by the
neighboring residents. Also, Music in the Park,which is held at Laurie LaMotte Park,has received no
complaints because the people in charge are very conscientious of keeping the volume and bass down at an
acceptable level. It seems when we have these occasional fund raisers that the people in charge have no
common sense or consideration for the neighbors. Thus, since these last three music events, in connections with
the bars, have drawn a considerable amount of complaints, we strongly suggest the council,at this time,refer to
Minn. Rules Chapter 7030(Exhibit B) as mentioned in Section 91.06(D)of the city's ordinance as a guideline
and incorporate or add a subsection (c)to Section 91.09(C)(4) clearly stating the following suggestions or very
similar thereof:
(c) Music events held outside will be required to:
1. warm up will be no longer than 10 minutes, actual band time for the public will be no
longer than 4 hours and not to exceed past 10:00 p.m.;
2. a person/persons must be designated to be responsible for the control of the volume and
decibels not to exceed 70db. They must be able to prove that this instrument has been calibrated
correctly and continued correct calibration during the entire event. This decibel is just a
guideline and may be revisited to adjust to a lower level for similar future events. A chart must
be kept by designated person/persons with date and time recording decibels at 15 minute
intervals and signed off with two different signatures agreeing this is the correct reading.
Original copy of decibel chart must be handed in to city hall for public record and event holder
retain one copy for their records. If decibels are exceeded during event and not corrected within
5 minutes or exceed several times, the Centennial Police Department has the authority to issue a
ticket to the person/persons in charge of such event in the amount of$500.00 or instructed to
shut the music down if complaint/complaints are received;
3. all residents up to a mile must be notified and notifications sent out and paid for by the
sponsors of the event 60 days before event takes place so if people have concerns they have time
to contact a councilmember or attend a council meeting;and
4. postings on the time and place must be posted correctly on the City of Centerville's
website and any other advertisements.
Again,we wish to reiterate that we understand the importance of fund raisers for our community and appreciate
the people that put their personal time into making this a better community, However,at the same time, we feel
we have the right to the enjoyment of our property whether it be inside or outside. Therefore,adoption of these
recommendations is a good start in the right direction for everybody affected by this and can look forward to
these events as being more acceptable and enjoyable.
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37
I, as a citizen of Centerville, agree to the attached Petition For Recommendations
Regarding Regulating Music at Outside Public Events, dated August 3, 2014.
Printed Name Address Signature
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Minnesota Administrative Rules Authenticate
7030.0060 MEASUREMENT METHODOLOGY.
Subpart 1. Measurement location. Measurement of sound must be made at or
within the applicable NAC at the point of human activity which is nearest to the noise
source. All measurements shall be made outdoors.
Subp. 2. Equipment specifications. All sound level measuring devices must meet
Type O, I, 11; or S specifications under American National Standards Institute 51.4-1983.
Subp.3. Calibration. All sound level measuring devices must,at a minimum, be
externally field calibrated before and after monitoring using a calibration device of known
frequency and sound pressure level.
Subp. 4. Measurement procedures. The following procedures must be used to
obtain representative sound level measurements:
A. Measurements must be made at least three feet off the ground or surface and
away from natural or artificial structures which would prevent an accurate measurement.
B. Measurements must be made using the A-weighting and fast response
characteristics of the sound measuring device as specified in American National Standards
Institute 51.4-1983.
C. Measurements must not be made in sustained winds or in precipitation which
results in a difference of less than ten decibels between the background noise level and the
noise source being measured.
D. Measurements must be made using a microphone which is protected from
ambient conditions which would prevent an accurate measurement.
Subp. 5. Data documentation. A summary sheet for all sound level measurements
shall be completed and signed by the person making the measurements. At a minimum,the
summary sheet shall include:
A. date;
B. time;
C. location:
D. noise source;
E. wind speed and direction;
F. temperature;
G. humidity;
H. make, model, and serial number of measuring equipment;
1. field calibration results;
J. monitored levels,and
K. site sketch indicating noise source,measurement location,directions.
distances,and obstructions.
Statutory Authority: JIIS s 116.0'
History: I1 SR 43; 17 SR 1279; 18 SR 614
Published Electronically: December 12, 2003
Copyright c 2003 by the Office of the Revisor of Statutes, State of Minnesota. All rights reserved. v
https://www.revisor.mn.gov/rules/?id=7030.0060 40 7/30/2014
CHAPTER 91: HEALTH AND SAFETY; NUISANCES
Section
General Provisions
91.01 Purpose
91.02 Definitions
91.03 Public nuisances prohibited
91.04 Public nuisances affecting health
91.05 Public nuisances affecting morals and decency
91.06 Public nuisances affecting peace and safety
91.07 Enforcement
91.08 Abatement
91.09 Prohibited noise
Open Burning
91.20 Purpose
91.21 Definitions
91.22 Prohibited materials
91.23 Permit required
91.24 Purposes allowed
91.25 Permit application, permit fees
91.26 Permit process
91.27 Permit holder responsibility
91.28 Revocation of open burning permit
91.29 Denial of open burning permit
91.30 Burning ban or air quality alert
91.31 Rules adopted by reference
Cleanup of Clandestine Drug Lab and Chemical Dump Sites
91.45 General provisions
91.46 Definitions
91.47 Declaration as public health nuisance
91.48 Law enforcement action
91.49 Seizure of property
91.50 Action by Building Official or designee
91.51 Site owner's responsibility to act
91.52 Site owner's responsibility for costs
91.53 City action and recovery of costs
91.54 Recovery of costs from persons causing damage
91.55 Site owner and address
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91.56 Suspension of residential rental certification
91.57 Unauthorized removal of postings
91.58 Entry into or onto site
91.59 Removal of personal property from the site
91.60 City Council review/right to appeal
91.99 Penalty
GENERAL PROVISIONS
§ 91.01 PURPOSE.
It is the policy of the City of Centerville to ensure the continued health, safety, comfort and repose of the
public, the elimination and abatement of all nuisances within the city. A nuisance, as provided in this chapter,
means a thing,,act or use of property that annoys, injures or endangers the health, safety, comfort or welfare of
the public; offends public decency; depreciates the value of the property of the inhabitants of the city; interferes
with the use of or obstructs or tends to obstruct a lake, stream, navigable water,park, sidewalk, street or public
way; or in any manner renders the in habitants of the city insecure in life or use of property The City Council
finds it shall be the duty of the Office of the City Administrator or its designees to enforce the provisions of this
chapter and to bring about enforcement of violations or lack of compliance with this chapter.
§ 91.02 DEFINITIONS.
For purposes of this chapter, the following definitions shall apply unless the context clearly indicates or
requires a different meaning.
ASPHALT-BASED SEALER. A petroleum-based sealer material that is commonly used on driveways,
parking lots, and other surfaces and which does not contain coal tar.
COAL TAR. A byproduct of the process used to refine coal.
ENFORCEMENT OFFICIAL The Police Department, Zoning Administrator,Building Official, City
Administrator, Public Works Director, Fire Marshal, any licensed peace officer or authorized designee
of the City Council.
NOTICE TO REMOVE. The notice served on a property owner by the City Council or designated city
official, advising the property owner of a code violation and ordering correction of the violation.
PROPERTY OWNER. The person occupying the property, the holder of legal title or a person having
control over the property of another, such as a right-of-way, easement, license or lease.
PUBLIC NUISANCE. A thing, act,occupation or use of property which shall:
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The following are hereby declared to be nuisances affecting public morals and decency:
(A)All gambling devices, slot machines and punch boards, except as otherwise authorized by
federal, state or local law;
(B)Betting, bookmaking and all apparatus used in those occupations;
(C)All houses kept for the purpose of prostitution or illegal sexual intercourse, gambling houses,
houses of ill fame and bawdy houses;
(D)All places where intoxicating liquor or controlled substance are manufactured or disposed of in
violation of law or where, in violation of law, people are permitted to resort for the purpose of
drinking intoxicating liquor, or consuming controlled substances or where intoxicating liquor or
controlled substances are kept for sale or other disposition in violation of law, and all liquor,
controlled substances, and other property used for maintaining that place; and
(E)Any vehicle used for the unlawful transportation of intoxicating liquor, controlled substance,
drug paraphernalia containing any amount of residue from a controlled substance or non-
prescription drugs, or for public or illegal sexual intercourse, or any other illegal purpose.
Penalty, see § 91.99
Ord 2d#25, amended 12;10/2008
§ 91.06 PUBLIC NUISANCES AFFECTING PEACE AND SAFETY.
The following are declared to be nuisances affecting public peace and safety:
(A)All snow and ice not removed from public sidewalks 24 hours after the snow or other precipitation
causing the condition has ceased to fall;
(B)All trees, hedges, billboards or other obstructions which prevent people from having a clear view of all
traffic approaching an intersection;
(C)All wires and limbs of trees which are so close to the surface of a sidewalk or street as to constitute a
danger to pedestrians or vehicles;
(D)All obnoxious noises in violation of Minn. Rules Chapter 7030, as they may be amended from time to
time which are hereby incorporated by reference into this code;
(E)The discharging of the exhaust or permitting the discharging of the exhaust of any stationary internal
combustion engine, motor boat, motor vehicle, motorcycle, all-terrain vehicle, snowmobile or any
recreational device except through a muffler or other device that effectively prevents loud or explosive
noises there from and complies with all applicable state laws and regulations;
82 1 P-a g e
43
(F) The using or operation or permitting the using or operation of any radio receiving set, musical
instrument, phonograph, paging system, machine or other device for producing or reproduction of sound
in a distinctly and loudly audible manner so as to disturb the peace, quiet and comfort of any person
nearby. Operation of any device referred to above between the hours of 10:00 p.m. and 7:00 a.m. in a
manner so as to be plainly audible at the property line of the structure or building in which it is located,
or at a distance of 50 feet if the source is located outside a structure or building shall be prima facie
evidence of violation of this section;
(G)The participation in a party or gathering of people giving rise to noise which disturbs the peace, quiet or
repose of the occupants of adjoining or other property;
(H)Obstructions and excavations affecting the ordinary public use of streets, alleys, sidewalks or public
grounds except under conditions as are permitted by this code or other applicable law;
(I) Radio aerials or television antennae erected or maintained in a dangerous manner;
(J) Any use of property abutting on a public street or sidewalk or any use of a public street or sidewalk
which causes large crowds of people to gather, obstructing traffic and the free use of the street or
sidewalk;
(K)All hanging signs, awnings and other similar structures over streets and sidewalks, so situated so as to
endanger public safety, or not constructed and maintained as provided by ordinance;
(L)The allowing of rain water, ice or snow to fall from any building or structure upon any street or sidewalk
or to flow across any sidewalk;
(M) Any barbed wire fence less than six feet above the ground and within three feet of a public
sidewalk or way;
(N)All dangerous, unguarded machinery in any public place, or so situated or operated on private property
as to attract the public;
(0)Waste water cast upon or permitted to flow upon streets or other public properties;
(P) Accumulations in the open of discarded or disused machinery, household appliances, automobile bodies
or other material in a manner conducive to the harboring of rats, mice, snakes or vermin, or the rank
growth of vegetation among the items so accumulated, or in a manner creating fire, health or safety
hazards from accumulation,
(Q)Any well, hole or similar excavation which is left uncovered or in another condition as to constitute a
hazard to any child or other person coming on the premises where it is located;
(R)Obstruction to the free flow of water in a natural waterway or a public street drain, gutter or ditch with
trash of other materials;
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(S) The placing or throwing on any street, sidewalk or other public property of any glass, tacks, nails,
bottles or other substance which may injure any person or animal or damage any pneumatic tire when
passing over the substance;
(T)The depositing of garbage or refuse on a public right-of-way or on adjacent private property;
(U)All other conditions or things which are likely to cause injury to the person or property of anyone;
(V)Diseased or dangerous conditions of trees as follows:
(1) Any living or standing elm tree or part thereof infected to any degree with the Dutch Elm disease
fungus Ceratocystis Ulmi (Buisman)Moreau or which harbors any of the elm bark beetles
Scolytus Multistriatus (Eichh.) or Hylungopinus Rufipes(Marsh);
(2) Any dead elm tree or part thereof, including branches, stumps, firewood or other elm material
from which the bark has not been removed and burned or sprayed with an effective elm bark
beetle insecticide;
(3) Any living or standing oak tree or part thereof infected to any degree with the Oak Wilt fungus
Ceratocystis fagacearum;
(4) Any dead or dying tree or part thereof which in the opinion of the designated officer constitutes a
hazard, and including but not limited to logs, branches, stumps, roots or oak tree material which
has not been stripped of its bark and burned or sprayed with an effective fungicide,-
(5)
ungicide;(5) Any other shade tree with an epidemic disease; and
(b) It is unlawful to transport bark-bearing elm wood in or through the city without securing a permit
therefore from the City Administrator.
(W) Four or more code violations, fire calls or other nuisance complaints requiring enforcement
response within a 30-day period; and
(X)To park or store any unlicensed, unregistered or inoperable motor vehicle parts or components thereof,
on any property, public or private, unless housed within a lawfully erected building except in a
commercial zone where the use is specifically regulated by a conditional use permit.
(Y)Use of Undiluted Coal Tar Sealers Prohibited (This prohibition shall not affect the use of asphalt-based
sealer products within the City.)
(1) No person shall apply any undiluted coal tar-based sealer to any driveway, parking lot, or other
surface within the City of Centerville
(2) No person shall contract with any commercial sealer product applicator, residential or
commercial developer, or any other person for the application of any undiluted coal tar-based
sealer to any driveway, parking lot, or other surface within the City.
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(3) No commercial sealer product applicator, residential or commercial developer, or other similar
individual or organization shall direct any employee, independent contractor, volunteer, or other
person to apply any undiluted coal tar-based sealer to any driveway, parking lot, or other surface
within the City.
Ord 2d il34, adopted 0,/2812010, Ord. 2d#45 7, amended 05/09/2012
Penalty, see § 91.99
§ 91.07 ENFORCEMENT.
(A) (1) The Enforcement Official shall enforce the provisions relating to nuisances.
(2) The enforcement official shall have the authority to inspect private premises and take all
reasonable precautions to prevent the commission and maintenance of public
nuisances.
(3) Except in emergency situations of imminent danger to human life and safety, or when
the owner, resident or other person in control of the property has granted permission,
or when a violation can be seen without entering the property, the Enforcement Official
shall obtain an administrative search warrant to enter private property
(B)The Enforcement Official may commence enforcement action by citation, complaint or civil proceeding.
§ 91.08 ABATEMENT.
(A)Notice to remove.
(1) When there exists on private property a condition which is in violation of this chapter, a notice to
remove the offensive matter shall be served by the City Council or its agent upon the owner,
agent or occupant.
(2) The notice may be served personally or may be served by mail. In all cases where the owner is
not in the city or cannot be found therein, then notice shall be sent to the last known address.
(3) The notice shall describe the matter to be removed and require the removal thereof within 10
days, including Saturdays, Sundays and holidays.
(B)Failure to remove. If, at the end of the ten days following service of a notice to remove, the nuisance
has not been terminated or abated,the city shall cause removal and disposition. The person in violation
may, within the ten days following service, file a written appeal disputing the violation or requesting
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additional time to comply with the notice to remove. Appeals will be placed on the next available
agenda of the City Council for its consideration.
(C)Immediale abatement. Nothing in this section shall prevent the city, without notice or other process,
from immediately abating any condition that poses an imminent and serious hazard to human life or
safety.
(D)Recovery of costs. In instances where any nuisances are abated by city action pursuant to this chapter,
M.S. §§ 412.221 et seq., or M.S. Chapter 466, the cost of enforcement, abatement or other proceedings,
including administrative charges together with interest thereon at the lawful rate permitted under M.S.
Chapter 429, shall, if not paid, be assessed against the premises and certified to the County Auditor or
certified by lien as provided in M.S. § 514.67.
§ 91.09 PROHIBITED NOISE.
(A)Prohihitions. The City Council finds within the city, certain loud, avoidable, unnatural and unnecessary
noises, which under certain circumstances and conditions constitute a serious threat to the health,
welfare, contentment and the feeling of well-being of the residents. (Excessive noise degrades the
environment of the city and the city has a substantial and, in some situations, compelling interest in
controlling this noise.
(1) General prohibition.
(a) No person shall make or cause to be made any distinctly and loudly audible, continuous,
objectionable noise due to intermittence, frequency, beat, shrillness or intensity that
annoys, disturbs, injures or endangers the comfort, repose, health, peace, safety or
welfare of any person or precludes his or her enjoyment of property or affects the
property's value.
(b) This general prohibition is not limited by the specific restriction of the following
divisions.
(2) Exhaust. No person shall discharge the exhaust or permit the discharge of the exhaust of any
steam engine, stationary internal combustion engine, motor boat, motor vehicle or snowmobile
except through a muffler or other device that effectively prevents loud or explosive noises there
from and complies with all state laws and regulations.
(3) Loading, unloading, unpacking. No person shall create loud and excessive noise in loading,
unloading or unpacking any vehicle between the hours of 10:00 p.m. and 7:00 a.m.
(4) Radios,phonographs,paging systems and the like.
(a) No person shall use or operate or permit the use or operation of any radio receiving set,
musical instrument, phonograph, paging system, machine or other device for the
production or reproduction of sound in a distinct and loudly audible manner.
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(b) Operation of any such set, instrument, phonograph, machine or other device between the
hours of 10:00 p.m. and 7.00 a.m. in a manner as to be plainly audible 50 feet from
outside the property line of the structure or building in which it is located, in the hallway
or apartment adjacent, or at a distance of 150 feet if the source is located outside a
structure or building shall be prima facie evidence of a violation of this section.
(c) These measurements and decibel readings will be taken per this section.
(5) Participation in noisy parties or gathering.
(a) No person shall participate in any party or other gathering of people giving rise to
continuous noise, disturbing the peace, quiet or repose of another person.
(b) When a police officer determines that a gathering is creating a noise disturbance, the
officer may order all persons present, other than the owner or tenant of the premises
where the disturbance is occurring, to disperse immediately,
(6) Loudspeakers, amplifiers.for advertising and the like. No person shall operate or permit the use
or operation of any loudspeaker, sound amplifier or other device for the production or
reproduction of sound on a street or other public place for the purpose of commercial advertising
or attracting the attention of the public to any commercial establishment or vehicle
(7) Animals. Habitual barking or crying of animals as set forth in Chapter 90.
(B)Hourly restriction on certain operations.
(1) Recreational vehicles. Except as specifically authorized by the city, no person shall, between the
hours of 10:00 p.m. and 7.00 a.m., drive or operate any mini-bike/dirt bike, snowmobile or any
other recreational vehicle not licensed for travel on public highways.
(2) Domestic power equipment. No person shall operate a power lawn mower, hedge clipper, chain
saw, mulcher, garden tiller, edger, drill or other similar domestic power maintenance equipment
between the hours of 10:00 p.m. and 7:00 a.m. Snow removal equipment is exempt from this
provision.
(3) Refuse hauling. No person shall collect or remove garbage or refuse in any residential district
between the hours of 10:00 p.m. and 7:00 a m.
(4) Construction activities. No person shall engage in or permit construction activities involving the
use of hammers or the use of any kind of air-, electric-, diesel- or gas-powered machine or other
power equipment between the hours of 10:00 p.m and 7:00 a.m.
(C)Enforcement.
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(1) Noise impact.statements. The Council may require any person applying for a change in zoning
classification or a permit or license for any structure, operation, process, installation or alteration,
or project that may be considered a potential noise source to submit a noise impact statement. It
shall evaluate each statement and take its evaluation into account in approving or disapproving
the license or permit applied for or the zoning change requested.
(2) Noise level table.
(a) The duration of sound hours will follow daylight savings time for both residential and
commercial/industrial districts.
(b) From the first Sunday in April through the third Saturday of October the hours will be
from 7:00 a.m. to 10:00 p.m and all other dates will adhere to the hours of 7.00 a.m. to
9:00 P.M.
SOUND LEVELS
Duration of Sound/District Daylight Hours: Overnight Hours:
7:00 a.m. -9:00/10:00 p.m. 9:00/10:00 p.m. - 7:00 a.m.
Residential/Mixed Use:
Less than 10 minutes 80db 70db
Less than 2 hours 75db 65db
More than 2 hours 70db 65db
Commercial/Industrial:
Less than 10 minutes 85db 75db
Less than 2 hours 80db 70db
More than 2 hours 75db 70db
NOTES TO TABLE:
The limits of the most restrictive district shall apply at the boundaries between different land use
designations and Mixed Use categories. The determination of land use shall be by its zoning designation.,
(3) Sounds exempt from noise level requirements. Sounds emanating from the operation of motor
vehicles on public highways, aircraft and outdoor implements such as power lawnmowers, snow
blowers, power hedge clippers, power saws, pile drivers,jackhammers and other construction
equipment are exempt from the sound level requirements but shall observe the time restriction
provisions of this division.
(4)Exceptions for special events. The City Council shall have the authority, consistent with this
section, to grant exceptions from the requirements of any division of this section for special
881 Page
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events. Any person seeking an exception shall file an application at City Hall with the
Administrator or his or her designee on a form prescribed by the city. The application shall state
the dates during which the application is proposed,the location of the noise source and time of
operation, the nature of the noise source, reasons why the exceptiorl is sought,•s_teps taken to
minimize the noise level and other information as is required by the city.
(a) The city shall, within 30 days from the receipt of the application, approve or deny the
application. The application will be presented to the City Council for consideration and
may be approved only if the City Council finds that full compliance with the
requirements of this section would constitute an unreasonable hardship on the applicant,
on other persons or on the community. In determining whether to grant or deny the
application, the City Council shall balance the hardship to the applicant against the
adverse impact on the health, safety and welfare of the persons affected, the adverse
impact on property affected, and any other adverse effects of granting the variance. The
variance may be granted subject to conditions, including a time limit,which shall be
clearly stated.
(b) If the city finds that sufficient controversy exists regarding the proposed exception to the
provisions of this section, a public hearing will be held on the proposed application at
which all persons affected shall be given an opportunity to be heard.
(5) Exception for emergency work. Noise created exclusively in the performance of emergency
work to preserve the public health, safety or welfare, or in the performance of emergency work
necessary to restore a public service or eliminate a public hazard shall be exempt from the
provisions of this section for a period not to exceed 24 hours after the work is commenced.
Persons responsible for the work shall inform the Police Department,Building Inspector and
City Administrator of the need to initiate the work or, if the work is commenced during non-
business hours of the city, at the beginning of business hours of the first business day thereafter.
Any person responsible for this emergency work shall take all reasonable actions to minimize the
amount of noise
Penalty, see § 91.99
Ord #49, adopted 01/M'1990, Ord. amended 05/22.12002, Ord. amended 12;'101'2003, Ord. 2d#25, amended
12,,'10,,2008
OPEN BURNING
§ 91.20 PURPOSE.
The purpose of this subchapter is to establish permitted categories of open burn events for residences
and farms within the city and provide for a permitting process for residential and agricultural open burning,
except when the open burning is defined as a recreational fire as prescribed in this subchapter.
891 Page
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Site: AlN0003A
Site Name:New Centerville WT
THIRD AMENDMENT TO SITE LEASE AGREEMENT
THIS AMENDMENT TO SITE LEASE AGREEMENT ("Amendment") is made and entered
into by and between The City of Centerville, Minnesota ("Landlord"), and T-Mobile Central LLC, a
Delaware limited liability company("Tenant").
Recitals
The parties hereto recite, declare and agree as follows:
A. Landlord and Tenant(or as applicable,their respective predecessors in interest) entered into a
Site Lease Agreement dated August 29, 1996, as amended on July 29, 2005 and December 28, 2006
(collectively, the "Lease"), with respect to Leased Premises located at 7087 20th Ave South, Centerville,
MN 55038.
B. Landlord and Tenant desire to enter into this Amendment in order to modify and amend
certain provisions of the Lease.
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained
and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, Landlord and Tenant covenant and agree as follows:
1. Tenant will have the right to modify its Antenna Facilities by adding three antennas and
related equipment, as described and depicted on Exhibit A, which is attached hereto and by this reference
incorporated herein, and Landlord hereby consents to and approves of the modifications described and
depicted on Exhibit A in all respects.
2. Rent. Commencing on the Effective Date(as defined below),the annual rent shall be
increased to Twenty Thousand Nine Hundred Twenty-Four dollars($20,924.00)per year,prorated for
any partial lease year. On January 1,2015 and annually thereafter during the remaining term of the
Lease,the annual rent will increase by an amount equal to three percent (3%) of the rent in effect during
the immediately preceding lease year..
3. Tenant's notice addresses in the Lease are deleted and replaced with the following:
T-Mobile Central LLC
12920 SE 38`11 Street
Bellevue,WA 98006
Attn: Lease Compliance/A1N0003
4. The terms and conditions of the Lease are incorporated herein by this reference, and
capitalized terms used in this Amendment shall have the same meanings such terms are given in the
Lease. Except as specifically set forth herein, this Amendment shall in no way modify, alter or amend
the remaining terms of the Lease,all of which are ratified by the parties and shall remain in full force and
effect. To the extent there is any conflict between the terms and conditions of the Lease and this
Amendment,the terms and conditions of this Amendment will govern and control.
5. Landlord represents and warrants to Tenant that the consent or approval of no third party,
including,without limitation, a lender, is required with respect to the execution of this Amendment, or if
any such third party consent or approval is required, Landlord has obtained any and all such consents or
approvals.
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IN WITNESS WHEREOF,the parties have executed this Amendment effective as of the date of
execution by the last party to sign(the"Effective Date").
The City of Centerville,Minnesota T-Mobile Central LLC,a Delaware limited
liability company
By: By:
Name: Name: Hossein Sepehr
Title: Title: Area Director, Network Eng. and Ops.
Date: Date:
2
52
CITY OF CENTERVILLE
p :` te�yiiCCle
MON THL Y ENGINEER'S REPOR T
For the September 10, 2014 City Council Meeting
'E.Clr,ki.-died 1857
Italics=New information.
Normal = No change from last report.
1. 2013 Street and Utility Improvements (193801520). Wear course paving and the saw and seal
have been completed. Final inspections and punch fist work are in process.
2. Centerville Road (CSAH 21) Reconstruction (193801639). The County has awarded the project,
with the City electing to not extend sewer and water south of Dupre Road. The County is working
through the permitting with Rice Creek Watershed District;construction start date to be determined.
3. 2014 Mill and Overlay Project(193801941). The contractor has started to pave the base course
in the full removal areas(Old Mill Road, 73rd Street, Quebec). Patching is ongoing in the other areas.
Substantial completion(paving of the wear course)is specified for September 12, 2014.
4. Royal Meadows Water Main (193802483). Approximately 30 services have been completed, with
approximately 8-10 services remaining. The contractor is planning to complete this work this week, and
begin patching and restoration next week, the week of September 8.
5. 21St Ave., North of Main St. (193802667). The project will extend city water to the north in order
to service future commercial/retail development in the area. Sewer service immediately along 21St Ave.
will come from Lino Lakes'facilities in 21St Avenue. Lino Lakes is administering this project.
The utility work is complete, next fs curb and gutter installation and paving of the base course.
6. Miscellaneous (193801743).
• T-Mobil has submitted a proposal to install 3 new antennas on the water tower. Staff is in
process of working through the permitting process
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