Loading...
HomeMy WebLinkAbout2015-05-13 CC Set Agenda teryiffe CITY OF CENTERVILLE COUNCIL MEETING & �,mra�<,�i,,,• CLOSED EXECUTIVE SESSION AGENDA Wednesday, May 13, 2015 — Set Agenda =Red 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. PLEDGE OF ALLEGIANCE III. APPOINTMENTS/PRESENTATION 1. Centennial School District Superintendent Mr. Brian Dietz PUBLIC INPUT V. APPROVAL OF AGENDA VI. APPROVAL OF MINUTES 1. April 22, 2015 City Council Meeting Minutes (Pages 1-8) VII. CONSENT AGENDA 1. City of Centerville April 23, 2015 through May 13,2015 Claims (Check#29415-29453) (Page 9) w/Voided Check #29367& 29454-29463 (Page 9a) 2. Centennial Lakes Police Department Claims through April 22, 2015 (Check #10349-10367) (Page 12) 3. Centennial Fire District Claims through May 7, 2015 (Check#6888-6915) w/Payroll (Check#6879-6887) & (Check#6916-6941) (Pages 13-14) 4. Centerville Lions (Pages 15-37) a. Special Event Permit Application—LaMotte Park(Noise/On Sale Liq.) i. July 17, 2015—8:00 a.m.—Midnight/Noise 10:00 a.m.—Midnight/Temp. On Sale Liq. ii. July 18, 2015—8:00 a.m.—Midnight/Noise 10:00 a.m.—Midnight/Temp. On Sale Liq. iii. July 19, 2015—8:00 a.m.—8:00 p.m./Noise 10:00 a.m.—8:00 p.m./Temp. On Sale Liq. b. Special Event Permit Application—Kelly's Korner/Southern Rail Parking Lots (Noise/On Sale Liq.) i. July 18, 2015—Noon—Midnight/Noise 6:00 p.m.—Midnight/Temp. On Sale Liq. ii. August 3, 2014 Petition for Recommendations—Regulating Music @ Outdoor Public Events C. Charitable Gambling Permit—Raffle (July 19,2015, 3:00 p.m.) d. Transient Merchant, Peddler Application—Raffle Ticket Sales (June 19— July 19,2015) 5. Successful Performance Evaluation—Mr. Paul Palzer, Public Works Director/Building Official(Completion of Year 21) 6. Hiring of Mr. Andrew Schweizter Seasonal Public Works/Parks Maintenance Worker (Page 38) 7. Special Assessment Agreement, Waiver of Hearing&Appeal— Water Access Charge (Unassessed Property) (Condition of Sale of Home to Connect—Will be Paid Out of Proceeds of Sale) (Pages 38a-38c) VIII. OLD BUSINESS 1. Re-Affirmation of Final Plat—Center Villa Second Addition (11/12/2014 & 2/25/2015)—Recommendation from Planning& Zoning Commission (Pages 39-40) a. Res. 15-OXX—Authorizing the Mayor and City Clerk to Affix Their Signatures Upon the Approved Plat (Mylar)for the Center Villa Second Addition for Recording with the Anoka County Recorder's Office (Pages 41-43) b. Amend Conditional Use Permit i. 3. Conditions, a) This Conditional Use Permit is not authorized until and unless the Plat for Center Villa Second Addition is properly recorded with Anoka County by "May 25,2015." (Page 44) IX. NEW BUSINESS 1. Res. #15-OXX—Allocation of Expenditures Associated with the CSAH21/Centerville Road Reconstruction Project (Page 45) 2. Res/#15-OXX—Authorizing Unspent Budget and Excess Revenue from 2014 to Current Year Budget 2015 Parks & Recreation(Revenue 45201 & 45202, Expenditures 45200 & 45201 Funds) (Pages46-47) X. COUNCIL & ADMINISTRATION ANNOUNCEMENTS 1. Administrator Report a. State Representative Linda Runbeck(Early Voting) & (Water Bills) (Pages 48-49) b. Reinhardt& Rivard Agreement (Pages 51-52) 2. Council& Staff Reports XI. CLOSED EXECUTIVE SESSION 1. Purchase Agreement-7212 Mill Road-Mr. Lou Suski, Gaughan Companies 2. Purchase Agreement-7261 Main Street-Mr. Kurt Glaser XII. ADJOURNMENT *REMINDERS** City Council Meeting- May 27, 2015, 6:30 p.m. (Council Chambers) Planning& Zoning Commission Meeting-June 2, 2015, 6:30 p.m. (Council Chambers) Parks & Recreation Committee Meeting-June 3, 2015, 6:30 p.m. (Council Chambers) City Council Meeting-June 10, 2015, 6:30 p.m. (Council Chambers) Hydrant Flushing-May 11-15, 2015 Wu Long Karate, LLC-June 6, 2015, LaMotte Park-8-12:00 Foot Race/Exercise Stations (Will Work w/Cub Scouts) - Cancelled Cub Scout Rocket Launch-June 6, 2015, LaMotte Park- 8-12:00 (Alternate Rain Date June 13, 2015) 2015 City Wide Garage Sale Days-June 12 & 13, 2015 2015 Clean Up Day-June 20, 2015, LaMotte Park, 6970 LaMotte Drive, 8:00- 12:00 (noon) Fete des Lacs 5, 8K's & Kids Fun Run-July 25, 2015 (Around Centerville Lake and Out and Back) ' Run Homelessness, 5, 8K's & Kids Run/Walk- September 19, 2015 (Around Centerville Lake and .and Back) CHS Diamond in the Rough 5K& l OK Run/Walk- September 26, 2015 (Around Centerville Lake and Out and Back) Centennial Flag Football-LaMotte Park Fields 1, 2 & 11 -August 1 -October 30, 2015 (Tuesdays, Thursdays & Saturdays from 5:00 p.m. - Sunset& 8:00 a.m. -2:00 p.m. Centennial Soccer-LaMotte Park, Fields 1, 2 & 11 -April 1 -July 31, 2015 (5:00 p.m. -Sunset) Centennial Soccer-Acorn Creek Park, Field 1 -April 1 - October 30, 2015 (5:00 p.m. -Sunset) Centennial Soccer-LaMotte Park, Fields 1, 2 & 11 -August 1 -October 30, 2015 (Mondays, Wednesdays & Fridays from 5:00 p.m. - Sunset Centennial Little League-LaMotte Park, Fields 3, 4 & 5 -April 1 -August 1, 2015 (4:00 p.m. -Sunset), Monday-Thursdays, 6:00 p.m. - Sunset) CITY OF CENTERVILLE 05/13/15 2:37 PM Page 1 Check Detail - May 13, 2015 - Update Check Date Check# Vender Name Comments Amount 5/13/2015 029454 ANOKA COUNTY TREASURY JUNE 2015 BROADBAND $37.50 5/13/2015 029454 ANOKA COUNTY TREASURY JUNE 2015 BROADBAND $37.50 5/13/2015 029454 ANOKA COUNTY TREASURY JUNE 2015 BROADBAND3$ 7_50 Check Nbr 029454 ANOKA COUNTY TREASURY $112.50 5/13/2015 029455 DO-GOOD BIZ,INC. MARCH&APRIL UTILITY BILLS. $90.38 5/13/2015 029455 DO-GOOD BIZ,INC. MARCH&APRIL UTILITY BILLS. $90.38 5/13/2015 029455 DO-GOOD BIZ,INC. MARCH&APRIL UTILITY BILLS $90.37 Check Nbr 029455 DO-GOOD BIZ INC. $271.13 5/13/2015 029456 INSTRUMENTAL RESEARCH INC APRIL 2015 WATER TEST Check Nbr 029456 INSTRUMENTAL RESEARCH INC $38.00 5/13/2015 029457 IRRIGATION BY DESIGN,INC. SERVICE TECH&COMM TRIP CHARGE-CENTERVILLE PARK Check Nbr 029457 IRRIGATION BY DESIGN INC. $297.54 5/13/2015 029458 MAMA M. ERICSON-THURSDAY-4-9-15 Check Nbr 029458 MAMA $20.00 5/13/2015 029459 MARCO,INC. KONICA MINOLITA COPIER Check Nbr 029459 MARCO INC $444.90 5/13/2015 029460 MN DEPT OF LABOR&INDUSTRY 2085 W CEDAR ST-PRESSURE VESSEL Check Nbr 029460 MN DEPT OF LABOR&INDUSTRY $10.00 5/13/2015 029461 NATIONWIDE RETIREMENT SOLUTION DEF COMP W/H PAY PERIOD 9 Check Nbr 029461 NATIONWIDE RETIREMENT SOLUTION $100.28 5/13/2015 029462 WU LONG KARATE LLC REFUND PARK RENTAL&DEPOSIT FOR 6-6-15—EVENT CANCEL Check Nbr 029462 WU LONG KARATE LLC $125.00 5/13/2015 029463 XCEL ENERGY 7098 CENTERVILL RD-SERV THRU 5-6-15 $11.59 5/13/2015 029463 XCEL ENERGY 1745 MAIN ST-SERV THRU 5-6-15 $11.59 5/13/2015 029463 XCEL ENERGY 1682 MAIN ST-SERV THRU 5-6-15 $99.67 5/13/2015 029463 XCEL ENERGY 1601 LAMOTTE DR-SERV THRU 5-6-15 $25.45 5/13/2015 029463 XCEL ENERGY 1737 MAIN ST-SERV THRU 5-6-15 $11.81 Check Nbr 029463 XCEL ENERGY $160.11 TOTAL CHECKS$1,579.46 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- 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. -2- 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 oa1— l!I r 1 C �oope– t J s&f.-kt� A IF LA A&i L l JA At kCA I at �0 i:�SCAMA- . --• - - -.. tea. r -3- ,za. .s•a R 4 n, CD m -- r= i d c w • + LW F° �o-:fie �syr•¢,* •�,,w LAM MEN :. .. uw %W ■wi !Mt q . wow +tea 04r%ml 450 — 7030.0060 - Minnesota Administrative Rules ,� Page 1 of 1 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, 1, 11, or S specifications under American National Standards Institute S1.4-1983. 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 fi-equency 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 S1.4-1983. 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: 111S s 116.07 History: 11 SR 43; 17 SR 1279, 18 SR 614 Published Electronically: December 12, 2003 v Copyright © 2003 by the Office of the Revisor of Statutes, State of Minnesota. All rights reserved. https://www.revisor.mn.gov/rules/?id=7030.0060 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 9149 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 78Page 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, = a e b4 a ikr << ' d ijoblAft.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. PUBLICNUISANCE. A thing, act, occupation or use of property which shall: 791 Page 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 12/1012008 § 91.06 PUBLIC NUISANCES AFFECTING PEACE AND SAFETY. The following are declared to be nuisances affecting public peace and safety.- (A) afety:(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 (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; 83 1 Page (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) Any other shade tree with an epidemic disease; and (6) 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. 841 Page (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#34, adopted 04128/2010, Ord. 2d#57, 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)Fadure 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 85 1 Page 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)Immediate 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. 0 Prohibitions. 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. ssve tiis :degfades they ' environrrierit of lh@ eity and thg pity has a substantial alio, in some. ti:iati6nis co npellirig triteres`t in cop ollitig-this rndik"t (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 in. (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. 861 Page (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, amplifiersfor 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 1000 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 1000 p.m. and 7.00 a.m. (C)Enforcement. 871 Page oise 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. 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. #Exc eptions 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 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 exception is sought, -, en- i pfho�se 1nd other information as is required by the city. (a) The city shall, within 30 days from the receipt of the application, approve ordeny 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, tib C t .Eo t-if shaA bafftho-ithe h-irdsh pY-Io-tihe_applic t agair%s thy' d e act ori�tbe�h altth,,. ifety ari0kW_0_fare;6_f I expersonsai Aected,t e-idv6rs �, sr_opa.ffesp,�d;.ackii ®tefs. ecfaratitg�fe€ ' tie: ` V MA s'I ect 6.c%rid�i-t o�ti ;J-0,61 i l 0%W (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 01/10"1990, Ord amended 05/22,2002, Ord. amended 1211012003, 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 SPECIAL ASSESSMENT AGREEMENT WAIVER OF HEARING AND APPEAL AGREEMENT made this 5th day of May,2015,by and between the City of Centerville, a Minnesota municipal corporation("City"), and Chintan K. and Christine M. Patel, ("Property Owner"),(husband&wife). RECITALS A. Property Owner is the fee owner of the following described real property,located in the City of Centerville,Anoka County,Minnesota("Subject Property"): PIN#23-31-22-11-0035 Lot 2,Block 3 1988 South Robin Lane Royal Meadows B. Property Owner requests that they connect to the municipal water service line at the curb stop located within the City's right-of-way which they have not paid an associated assessment/availability charge.("Public Improvement"). C. The costs expected to be incurred for the Public Improvement is the amount of the special assessment listed below. NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS,THE PARTIES HERETO AGREE AS FOLLOWS: 1. The City will assess the Subject Property $6,500. The special assessment principal shall be payable in equal installments over ten years, plus five percent (5.00%) interest on the unpaid balance. Interest shall begin accruing on November 1,2016. The special assessment principal and interest will be certified to the county and become due and payable on the same schedule as the property taxes for the Subject Property beginning in 2016. 2. The Property Owner waives any and all procedural and substantive objections to the Public Improvement and special assessments, including, but not limited to, hearing requirements and any claims that the assessment exceeds the benefit to the Subject Property. The Property Owner waives any right to appeal pursuant to -1 - T Minn.Stat. §429.081. 3. Property Owner may prepay the entire special assessment without interest if paid m full by November 1,2015. 4. This Agreement shall be binding upon the Property Owner and the Property Owner's successors and assigns. This Agreement may be recorded against the title to the Subject Property and it shall run with the property. 5. No remedy herein conferred upon or reserved to the City is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. 6. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as maybe deemed expedient by the City. 7. In the event any provision of this Agreement shall be held invalid, illegal, or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof, and the remaining provisions shall not in any way be affected or impaired thereby. 8. Except as specifically stated herein, the payment of this special assessment shall be governed by Minnesota Statutes Chapter 429 PROPERTY OWNER: BY:a,A - BY: -2- r STATE OF MINNESOTA ) ss. COUNTY OF Se The foregoing instrument as acknlowl ed before me this �day of kv 201 by , ';Az. ( Ausband a €e). IINNN/M//I/Ii =rr C�CITq�P� s_�.�'•. �/B L_1�' ���',,�,,a!+�M'C�yh;�'P1�!'elu'Ip4' � NotaPublic AN1tQKCWDL WWCOMMOMEON NOM NOR11i1�f Pt1BUC•11Rt�U1 CITY OF CENTERVILLE BY: Tom Wilharber,Mayor Teresa Bender,City Clerk STATE OF MINNESOTA ) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2014, by Tom Wilharber and by Teresa Bender, the Mayor and City Clerk of the City of Centerville, a Minnesota municipal corporation,on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public -3 -