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Home My WebLink About2003-03-12 CC Packet L ~ ~ ~ ~~ It; CITY COUNCIL MEETING, CALL TO ORDER 1. RoD Call Wednesday, March 12,2003 lD~oO 6:30 PM " lJ ~ 1;1) -v~/~ APPROVAL OF AGENDA .... m APPROVAL OF COUNCIL MINUTES v-fiL' APPROVAL OF COUNCIL MINUTES 1. Febl'lW'Y 10,2003 Coundl Worksession Meeting Minutes t- ~/1I~ 2. March 12,2003 Coundl Meeting Minutes -- l/~ ~ . ~. CONSENT AGENDA ' . ~".AAI 1. City ofCenterville February 24, 2003 through March 13, ~p~ 2~ CenteDnial Fire District Claims 3. Parks and Recreation Committee Request to Expend Funds Not to Exeeed SISO Associated with Earth Day Events Planned in ~ Parks Eleetricallnspeetion Contract - Mr. Dave Kiehler/ -' A WARDSIPRESENTATIONS/APPEARANCES ~ ~ Bo~,,MeJ)pnald - Anoka County Historical Sodety\ . If. 1001 Wll~ " \,.;Of . ~ VI. PUBUC HEARINGS o;tP.\\ ~ :Cr~~e.~~IOnandBeneft~gPro~~---~) ~tE). lA'~ -to 3(Zb t/~/~~ VB. COUN JN1i'~~S _ . vm. ~ IX. 1 ~ Pheasant Marsh Phase n Develope~ ~ment..~~ /uM ~ tt NPDESPhasenMS4Pennit - up~ ~ 73tnr,,----. --;. #U~~ p( Resolution ##03-015 - Fee Schedule (Amending Res. #03-002)- ~ ~ ;,{ Parks .. Recreation Committee ReeoDimendations 1'''' III' Proposed PoIiee consoIidatio~ ~ Publishing Costs - v~ p~ If.-f v; ~'(O~ br~ -10 I.-~ ANNOUNCEMENTSlUPDATES Employee Appreciation Dinner e. [~ PenonneI Policy - ShortlLong Term Disability Insurance - looft..aP'h 4-0 't. Legislative (Update) - Capital Projects (Update) ~~ c..cb ~ ~......~ ,.,. I- AD.TO': ~: -:f",~ t<. w-/~~, Cbf '.. /- ~ \- .~ . ~ ~~ . 4.... . (p ~ - ~~'~....--.~...' --- ':,' }:, , I J -.., / ,'''~ (. .'j IWYAL etIKS REALlY, INC. March 7, 1997 , James March City ,Ad1nini$l.tor , 1880 Main Street" Centervine, MN 55038 RE: Lake1and Hills Dear Mr. March, Mayor Wilharber. and City Council Members Powers- RasmU$Sen, Brenner, Buckbee and Helmbrecht: : ' , " , , As we proceed into the final design phase of, Lake1and Hills;' it is important for our Company to realize the financial commitments to the project. Our Company has agreed to contribute dollars towards the City project to loop the water main north along Centerville Road and Peltier Lake Driye to Mill Road. These dollars are to lower the cost of the public improvement in lieu of our cost to loop the water main easterly across Clearwater Creek to Clear Ridge Street. Your consulting engineer has estimated the cost to construct a water pipe across the creek and to purchase the necessary utility easement to be between $31,400 and $38,000 dollars. The estimate did not ii1cIUde any cost for administration, 1egal or enginoering design ~ At this time, RoyaI , Oaks Realty is willing to contnbute an amount ot1S0,oOo.OOlowards the' future water main loop. This dollar amount is ritore what is needed at this time for our completion .of a creek crossing project.. We also request the issue of sidewalks to be resolved: It is our opiniontlult sidewalks are no~ needed in Lakeland Hills. People do not want the , maintenance responsibility that comes with having a sidewalk in front of their home. 'The streets in:Lake1and Hills'~-local, res~ streets that will carry less than 500 average daily trips per. day. The traffic does not wairant sidewalks. The' City ordiuances d9 not require: sidewalks. No other local residential streets have . sidewalks, including the neighborhood immediately to the north. R-oyal Oaks Realty is requesting the City Council to uniformly apply the ordinance on sidewalks to LakeJ.an,d Hills. 4196 Lexington Avenue · Shoreview, Minnesota 55126 · ~ 483-5518 · Fax (612) 483-5642 ... -page 2- I will attend your City Council meeting on W~y, March 12, 1997, to address these issues and answer any questions. Yours. truly, ~~1 U')U I I I I , I Michael 1. Black Project Manager Land Development Division .i II I I I , j I I ; I : I I I , i " I I 'I I I II, I I ! I ; ! I' . I ... ~I:<' 4 I 1 J Memo .d==~ e Ancferllk. & M~~ 1ftgIJ-.s&- Project Name: NPDES Phase II MS4 Permit To: Kim Moore-Sykes Client City of Centerville From: Wesley Saunders-Pearce, Theresa Maahs Rle No: 616-02-1~8 Date: 2/21/03 ~5 /' yY\efl\ Re: Self-Assessment Write-up INTRODUcnON Bonestroo was asked to facilitate an NPDES Phase /I MS4 Permit meeting on Friday, January 17, 2003 for the city of Centerville. Representing Centerville were the City Administrator and the Public Works Director. The purpose of the meeting was to lead the city through a self-assessment process of their storm water system, issues and practices. The scope of the self-assessment was based on the steps and appr()8ch that is structured in the NPDES Phase /I MS4 Guide Plan. DRAINAGE The majority of storm water from Centerville ultimately drains into Peltl the Mississippi River. Peltier Lake and Centerville Lake are two m partially within Centerville and outlet through the City of Uno Lakes is fully within the Rice Creek Watershed District (RCWD). The storm water conveyance system of the city was built primaril County catch basins located in downtown Centerville were built continually mapped and updated as new development knowledgeable of the locations of most system outfal the older sections of storm sewer, which run throu however the location of all the drain tile has n jurisdictional ditches within .lIe, w . however, the city has pe e sewer system does i ich eventually outlets into which are contained r the city of Centerville owever some Anoka storm sewer system is b .c Works is ot known, especially in rain tile within the city, oka County e co maintains these ditches, largements. The Centerville storm RECEMNG WATERS Receiving waters . partially within the b Peltier Lak~, located stocked by the DNR most of the storm delta forming In the ds as well as the two large lakes that are d Centerville Lake. th~clty, Is a ~innesota:DN~ 4P protected lake. Peltier is g and recreational activities. This lake eventually receives of nterville and the water quality Is moderate. Peltier Lake has a may require dredging at some point. Centerville Lake, I e west section of the city, also has moderate water quality. Centerville Lake supports regional 1'1 onal activity including swimming, boating and fi$hing. Anoka County maintains a swimming beach on e lake and the DNR stocks this lake .annually. Sl Paul Water Utility owns a pumphouse located in the middle of Centerville Lake as well as 2 - 30" pipes, which run south from the lake. The pumphouse Is monitored daily although It is not currently operational. St. Paul Water Utility also owns most ,or all of the shoreline property around Centerville Lake. Bonestroo, Rosene, Ander/lk and Associates, Inc. , 2335 West Highway 36+ St. Paul,MN55113 + Phone: 651-636-4600 + Fax: 651-636-1311 ., JU::::oo Memo lit = ~&- There are two creeks within Centerville: Clearwater and Acorn. Acorn Creek is located on the east side of Acorn Park. Both creeks receive storm water from the Centerville storm water system. Along with the three DNR protected wetlands, there is a series of small ponds contained within the city. Some of the ponds support minor fishing, however the ponds within the city are generally used for collecting storm water ,and not for recr~t1onal purposes. FEATURES The. topography of the city is generally flat The soils are clay and the groundwater table underneath the city is very shallow. It was noted that there is often standing water when it rains and wet basements are a common residential complaint. lAND USE Development in the area is fairly recent, generally occurring in the last 20 years. Development has been steady but is starting to slow down as the amount of available land decreases. The dominant land use within the city is single family residential. Approximately 15% of residentially zoned land in the city is undeveloped. A majority of the residential lots are large in size and low density; however, all new development is connected to city water and sewer. There is a relatively small degree of light industrial and commercial development Property zoned for commercial and industrial use is largely undeveloped within the city. The developed industrial properties are generally very low impact. Some equipment (construction equipment, heavy trucks, etc) is stored outside without cover. Terminal Transport Is a company within Centerville that stores heavy equipment outside. The light industrial facilities are not known to use particularly harmful substances. . There is one commercial car wash that discharges to the sanitary sewer system. . ' ORGAN2ATIONANDCOMMUNnY The municipal organization of the city is very small. The Public Works department includes the Public Works Director and a two person support staff. The city also has ~ full time bUilding inspector. Because the city shares borders and water resources with Lino Lakes, the two cities share cost on some maintenance. The RCWD and the DNR are involved in local decision-making regarding storm water issues. The RCWD has done some improvements to Centerville Lake. Local lake associations and toWfl home associations are also involved, generally regarding buffer strips and other pond related issues. There is a lake association working to protect water quality and to encourage the growth of shoreline plants to provide suitable bird habitat (A rookery has been estabDshed in an attempt to increase the bird population.) The city is working with the watershed on plan approval of new developments including the requirement of a vegetative buffer surrounding the ponds; however, some older developments within the city have lots which have landscaped all the way to the pond. A MN DNR pond in the southwest corner of the city has a watershed-required buffer of ,15-20 ft. Infrequent citizen complaints about water quality within the city have generally been related to aesthetics. Centerville has a storm water fund to pay for maintenance to the existing storm water system. The storm water fund is restored through the collection of area charges for new developments and a water quality charge of $21quarter. The city is currently finishing a Storm Water Management Plan, which will address how storm water expenditures are handled in the future. POTENTIAL SOURCES OF POLLUTION . The city representatives noted they have little in the way of water quality issues. Runoff from residential lawns was discussed as a potential pollution source. Residents throwing grass clippings and pet waste into the ponds have been issues in the past, although generally not a major concern. Feces from dogs and Bonestroo, Rosene, Anderllk and Associates, Inc. 2335 West Highway 36 + St. Paul, MN 55113 + Phone: 651-636-4600 + Fax: 651-636-1311 Memo Ie: ~&- geese were not noted to be problems to the community. Geese waste is less of a problem than it used to be as development continues and the geese are less frequent Land application of sewage sludge has been performed in Centerville. Residents were upset about the milky color that occurred in the ponds from the post rain event runoff from these areas. There are no commercial or industrial pollution problems within the city. Commercial and industrial properties have their own holding ponds. The city noted that a source of pollutants in the past has been sanitary sewer breaks, although these have been isolated incidences. There Is a large MCES sanitary sewer force main running through the center of the city. Some erosion problems exist along the banks of Clearwater Creek located north of Main Street The watershed, through cost sharing with the city, performs bank stabilization to combat the erosion problems along Clearwater Creek. Maintaining the use of silt fence around all new developing lots is another erosion control concern noted by the city. The slit fence is often driven over by construction workers and delivery trucks. The city does utilize the Rice Creek Watershed review process for new construction. The city contracts out mowing services for city parks. Small amounts of clippings are left as mulch and large amounts of clippings are collected and composted off site. The city also contracts out fertilizer application to a licensed private company. The company applies a phosphorous free liquid fertilizer to park spaces three to four times a year. No herbicides are used on city properties. There are some septic systems located on older lots within the city. As the city develops, th~e properties are required to hook-up to city utilities. The county requirements have been adopted although no formal agreement exists. A few houses have access to existing city utilities and upon failure of their existing well or septic system are required to connect to these services. There has been one incidence of human waste running into a creek, and a smoke test was performed in an attempt to determine the source. The source was not dete"!lined, however the problem has not reoccurred. There are no problems with residential sump pumps draining into the storm sewer system. It was noted that there are approximately 40 homes in L1no Lakes that connect their sump pumps into the Centerville sanitary sewer system. The city representatives reviewed the complete list of other non-storm water discharges from Permit Section V:G.3.e. and determined to the best of their knowledge that none were significant contributors of pollutants to their MS4. PRACTICES MCM 1 - Public Education . The city sends out a quarterly newsletter to the. public and publishes a '"week in review" column in the Quad Press, a paper that features news about Centerville and three surrounding cities. There are brochures and informational sheets available at city hall for. citizens regarding recycling, reducing trash, leaky faucets and other Issues. The city also sends out Informational stuffers In utility bills. There is also a reader board outside of city hall where notices are placed regarding city clean-up days and requests for citizen volunteers. Council meetings are televised on a local cable access channel. MCM 2 - Public Particioatlon and Involvement .As noted earlier, the city has relationships with cMc groups including a Lions Club, Girl Scouts and Boy Scouts. These groups help with maintaining parks and . ditches in the community, among other activities. This is coordinated through staff at the city. The City of Centervllle also coordinates with the Wargo Nature Center on seminars and educational actMties for the public. There is a monitoring station that records rain events at the nature center. The city website has information for the public regarding up coming events and Bonestroo, Rosene, Ander/lk and Assoc:lates, Inc:. 2335 West Highway 36 + Sl Paul, MN 55113 + Phone: 651-636-4600 + Fax: 651-636-1311 ~~ -=- AnderIIk & 1;]1 Auodates ~&- volunteer opportunities. The city does not have a designated hotline for citizen complaints regarding water . quality, however people can call city hall and register complaints. Memo MCM 3 - Illicit Discharae The entire Centerville storm sewer system has been mapped Including pipes, ponds, ditches and drainage structures. This mapping is continually updated with every development The city has nuisance ordinances and standards In effect to prohibit dumping In the public right of way. Dry weather flows are typically a rare event and they are usually determined after the fact. Public employees informally watch for dry weather flow as well as other out of the ordinary storm water occurrences. The city . will attempt to determine the source of any dry weather flows that are discovered through the use of smoke testing or other methods. Smoke testing has been used .also to attempt to define the location of drain tile systems. The drain tile systems are stand alone systems and do not drain into the MS4, however they do tend to outlet at the same locations as the storm sewer outlets. There are no known illicit connections perceived by staff. There are no specific codes regarding private sanitary system inspections. There have .not been any citizen complaints, but failed septic systems have been discovered and corrected. MCM 4 - Construction Site Runoff Control All development actiylties in Centervil!e are required to go through a plan review process, as regulated by the Rice Creek Watershed. New developments need to have a construction n reviewed, which includes the following erosion control measures: Q Inspecting all hookups to city utilities Q Silt fence at the curb line Q Construction entrances Q Weekly street sweeping The city observed that this eloper's agreement ent involves a Letter of ns are contracted out by o requires weekly e developers. In some prot n has been employed. RCWD. The city has a process in place for Inspections and enforceme process has been effective in controlling construction site run required for each new development within the city. P . Credit, which can be held to enforce construction s' the city and are performed at regular checkpoin sweeping and dust control, which has bee . circumstances, tempora basins These are inciuded a e MCM 5 - Post-Co Centerville mainta utilizes National U for seeding or sod zones around wetl Management Plan nd skimmers on pond outlets. The city s when sizing ponds. The city has requirements r of occupancy. Requirements regarding buffer ction plan will be discussed in the Storm Water MCM 6 - Pollutio cod ousekee in All streets are sw once a year and sporadically over the summer. This is contracted out as a cost shared servi Ity of Lino Lakes. The city also coordinates with Lino Lakes on salt and sand used for roadway . Currently, Centerville trucks the salt and sand from Lino Lakes on an as needed basis and the unu portions are stored indoors inside the trucks. The 6% .salt and 94% sand mixture is applied to interse ions and hills as well as near city hall and schools. The public works truck garage does not have fueling station on-site so fleet trucks utilize local commercial gas stations. The building now has a Bonestroo, Rosene, Anderlik and Associates, inc. 2335 West Highway 36 + St. Paul, MN 55113 + Phone: 651-636-4600 + Fax: 651-636-1311 4 JIj ::e-:oo 11:II AnderfIk & UA~ ~&- pressure washer and a drain that runs wastewater through .a waste separator before it is released into the sanitary sewer system. Emergency spill response within the city is handled by the fire department. The Public Works department is not trained to handle hazardous materials. The storm sewers have never been televised or jet cleaned, however, maintenance such as minor culvert cleaning or excavating of drainage ditches is performed when necessary. Culverts, sediment basins and outfalls are inspected once a year. Memo Bonestroo, Rosene, Anderllk and Associates, Inc. 2335 West Highway 36 + St Paul, MN 55113 + Phone: 651-636-4600 + Fax: 651-636-1311 CITY OF CENTERVILLE CITY WORKSESSION MEETING February 10, 2003 5:30 p.m. I. Ci\LL TO ORDER Mayor Sweeney called the Council Worksession to order at 5:40 p.m. Present at the "meeting were Councilmembers Broussard Vickers, Capra, Lee and Pam-; City Administrator Kim Moore-SYkes and Finance Director Ellen Paulseth. ll. DISCUSSION ITEMS "2003 Budget Report and Review. Paulseth gave a report to the Council regarding the budgeting process last year for the 2003 budget. She reported that the previous Council wanted any extra dollal!S to be in the Streets fund because of upcoming projects involving the construction of21 st Avenue, Main Street and Mound Trail. She also indicated that other street reconstruction projects .have been discussed. Paulseth reported that most of the City's revenue comes from property taxes. Other proposed revenue numbers are estimates. She indicated that money not designated for the City's operation, are put in capital and other discretionary funds. As such, the Council is able to spend this money on other projects. Paulseth reviewed each fund with Council. Discussion continued regarding the history of the various funds. Council discussed the need for the City's parks. They discussed the possibility of forming a joint powers agreement or some other contractual arrangement whereby the cities of Lino Lakes and Centerville could share park space and programs. They also reviewed the Parks maintenance schedule and asked that the maintenance schedule show proposed projects as well as specific projects and their estimated costs. The counc.i1 reviewed the water funds and asked about the possibility of constructing the new water tower for the City with these funds. Pau1seth indicated that this is the fund where these funds should come from. The Council voiced its interest in having a water tower and new well plan to them by the first meeting in June. Council Compensation. Staff reported to Council that Council could change their compensation. The change in the amount of compensation could be don,e by this Council but would not take effect until after the next regularly scheduled municipal election. The format of delivering the compensation can be changed at any time, provided it does not affect an increase in the amount each councilmember is compensation. Persolinel Policv. Moore-Sykes reported on outstanding issues associated the recently adopted 2002 Personnel Policy. She reported that there are several discrepancies that are putting the personnel policy in conflict with the current union contract with the Public Works employees. The Council directed Moore-Sykes to correct language regarding City compensation of training and education; to correct overtime so that Staff are paid overtime for hours worked over 40 hours, regardless if Staff is using leave or holiday time off. Council also directed Moore-Sykes to convert sick and vacation time to personal time off. There was discussion about the conversion process. Council Chambers Renovation. Council direCted Moore-Sykes to have Public Works to get cost estimates for sheet rock to finish off the walls in the Council Chambers that still cement block and paint for two walls. They discussed moving the white board and add a strip with clips on it so that plans and maps could be hung there as well and also to move the podium so that the camera could pick up a speaker easier. Ordinance Codificati~n. Moore-Sykes reported that the City Clerk had . informed her that the League of Minnesota Cities contacted her about completing the ordinance codification project that was initiated several years ago. The City Clerk indicated that she will work with Duke Addicks to determine the amount of money that remains on the contract with the League and finish .the codification project. . Other Business. Chauncey Barrett Phase n. Council also discussed the need to move ahead with Phase n of Chauncey Barrett senior housing. They directed Staff to send a letter of interest in !his project to Anoka County. Potentially Dangerous Dog. Councilmember Broussard indicated that she would like .the Minnesota Statute' ~ definition of potentially dangerous dog. m. ADJOURNMENT The Council Worksession was adjourned at 8:00 p.m. Respectfully submitted by: Kim Moore-Sykes, City Administrator '""".\. .' ~ ... CITY OF CENTERVll..LE CITY COUNCIL MEETING FEBRUARY 26,2003 6:30 p.m. Pursuant to due call and notice thereof: the City of Centerville held their regularly scheduled meeting on February 26, 2003, at City Hall, 1880 Main Street. PRESENT: Mayor Terry Sweeney Council Member Paar Council Member Lee Council Member Capra Council Member Broussard Vicf None. City Administrator, .' Moore-Sykes City Attorney, Mr. Jim Hoeft City Engineer, Mr. Tom Peterson ABSENT: STAFF: I. CALL TO ORDER Mayor Sweeney called the February 26, 2003, City Council meeting to order at 6:32 p.m. II. SET AGENDA Mayor Sweeney requested that a discussion concerning the article regarding the City- funded dinner in the Quad Community Press Community Press be added under pending issues. Council Member Capra requested that Resolution #03-014, a Resolution declaring March Food Share Month be added under Council Business as well as an update under pending issues on the historic district. Ms. Moore-Sykes requested that the letter from Mr. Richard Kocinski requesting the donation of camCQrders be added under Council Business. Council Member Paar indicated he would like to make comments concerning the City- funded dinner and update Council on a telephone call he had received from a concerned resident under pending issues. Motion by Council Member Broussard Vickers seconded by Council Member Paar to aDDrove the a2enda as amended. All in favor. Motion carried unanimously. . ,- " Centerville City Council Meeting Minutes February 26, 2003 ID. APPROVAL OF COUNCIL MINUTES 1. February 12. 2003 Council Meeting Minutes Mayor Sweeney requested the following changes: On Page 4 of 15 correct the spelling of Kieselhorst throughout the document. Indicate the Lions did not run the festival in 2001 it was run by the Committee but there was $20,000 raised. Council Member Capra requested the following change: On Page 4, second paragraph, third line remove "be done to." Mayor Sweeney requested the following changes: On Page 5 of 15 under the vote further clarify that he abstained within the motion paragraph. On Page 6 of 15, third paragraph change the information on cost reduction for the City billing to read that Waste Management had indicated there would be a reduction in the cost for service if the City ... were to take on the billing for garbage service. On Page 7 of 15 indicate he voted againS{ the con~t. On Page 9 of 15 add that he had asked that the reconstruction be added as a possible alternate to the contract. On Page 11 of 15 change ''the'' to ''then''. On Page 13 of 15 change recognition to "dinner". On Page 14 of 15 indicate that Mayor Sweeney. had said that the City will pay for employee and spouses meals. On Page 14 of 15 add ''with Lino Lakes, Circle Pines, and Lexington Councils;" Motion by Councll Member Lee.. seconded bv Councll Member Capra to approve the Councll Meetin2 Minutes for February 12. 2003 as amended. All in favor. Motion carried unanimouslv. IV. . CONSENT AGENDA 1. The City of Centerville February 13, 2003 through February 26, 2003 Claims for Approval 2. Centennial Fire District Claims Council Member Broussard Vickers asked for clarification on the Northern Forest and Richard Carlson claims. Finance Director Paulseth indicated that the Mr. Richard Carlson payment was approved by Council at the last meeting and is a :final payment. Council Member Capra indicated that the Northern Forest payment is a TIP payment. Motion by Councll Member Broussard Vickers. seconded by Councll Member Capra to approve the Consent A2enda as presented. All in favor. Motion carried unanimously. Page 2 of20 " Centerville City Council Meetin Minutes g . February 26. 2003 v. A W ARDSIPRESENTATIONS/APPEARANCES 1. Lifetime Achievement Award for 2001 - Mr. Robert LaMotte Council Member Capra indicated that Mr. Robert LaMotte would not be able to attend to receive his award as he is.ill and indicated that his son, Mr. Alan LaMotte would be accepting the award on his father's behalf. Council Member Capra provided a background history for Mr. LaMotte and read his list of many accomplishments within the community. Mayor Sweeney presented the Mr. Robert LaMotte's Lifetime Achievement Award to Mr. Alan LaMotte. Mr. Alan LaMotte accepted the award on behalf of his father and thanked the Committee and the City for the award, saying it was an honor for his father to be recognized. 2. Lifetime Achievement Award "Special Recolmition" for 2001 - Mr. Wayne LeBlanc Council Member Capra provided a brief history of Mr. Wayne LeBlanc and provided his list of involvement within the Community. Mayor Sweeney presented the Lifetime Achievement Award, "Special Recognition" to Mr. LeBlanc. Mr. LeBlanc thanked the City for the recognition and said it is a pleasure to work in such a great community. He then said that many good things have been done but there is still a lot to do with upcoming development and potential redevelopment and asked the City to remember to preserve open space for the future when m8king decisions on the developments. 3. Ms. Roberta Wirth - Potentiallv Dangerous Dog Chief Heckman provided an overview of the events leading up to the declaration of "Potentially Dangerous Dog". ChietHeckman indicated that the police report reflects that two individuals were walking down Eagle Trail and there was a dog that came out into the street and bit a person on the right leg and left three gouges. The officer called to the scene spoke to the owner of the dog and the owner stated that she was aware that the dog had just bitten someone and had stated that the dog was called out and ran toward the individual. The owner also stated that the dog does not know the difference between the road and the yard. Chief Heckman indicated that the follow up with the victim indicates that the dog ran out of the garage across the street and bit her in the leg. She was on the east side of Eagle Page 3 of20 Centerville City Council Meeting Minutes February 26, 2003 Trail and the dog ran across the street. He then said that, per state statute, the dog falls under the potentially dangerous dog definition and notice was sent. Ms. Roberta Wirth, 7065 Eagle Trail, said this is ridiculous and not true. She then explained that the dog was provoked. She then said that the officer that came to her house was told that the dog was kicked and he said "I would kick a dog too if it came barking at me." , Ms. Wirth indicated that, per state statutes, when a dog bites when unprovoked it should be declared potentially dangerous but that is not the case as the dog was provoked. She then stated that the couple stopped in front of the house and yelled to the dog while m~g eye contact with it. She also said that her son saw the man kick the dog. Ms. Wirth indicated that the person who was bitten lives directly behind her but went the long way home so the individual could. not have been too terribly injured. She then 'commented that this situation has caused a great deal of stress for them as the couple has called her and threatened to take her house and said they were going to put a lien on her house. She also indicated that the woman was given $1,000 by her homeowner's insurance. Ms. Wirth commented that this has been very stressful as it was during a time when her mother was very ill and her mother passed away last week. Ms. Wirth provided a picture of her dog indicating the dog is a 9 or 10 pound Jack Russell Terrier who is sweet and gentle and plays with anywhere from 1 to 5 children every day and has never bitten anyone. She also provided information from the Internet that listed the requirements for a potentially dangerous dog and her dog does not meet the definition because she was provoked. Ms. Wirth indicated that the letter sent by the police department to notify her was sent certified mail but she did not pick it up as it was not clear who the letter was from and she mistakenly thought it was another real estate solicitation. She then said that when she did attempt to obtain the letter from the post office they,had lost it. She further commented that the police threatened to take the dog because she had not been made aware of the requirements because she had not received the letter. Ms. Wirth indicated she has been fined, the person bitten has received $1,000 from her insurance company and the dog was off her property by 6 inches for 30 seconds. She then said that nothing would have happened had the coupl~ kept walking and not provoked the dog to run into the street to be kicked. Ms. Wirth indicated she has a 6-foot fence in her back yard and a kennel that would meet the requirements as well as a $300,000 public liability insurance policy. She then said that the dog is normally in the backyard or on a leash and has never bitten anyone and she does not want ''Baby'' to be given that label as she has been through enough with the lawsuits and threats from the police. Page 4 of20 Centerville City Council Meeting Minutes February 26, 2003 Council Member Lee commented that the gentlemen kicked the dog, but the lady was bitten and had not provoked the dog. Ms. Wirth commented that the statute states "if the dog is provoked" and she w~ provoked. Council Member Broussard Vickers asked for clarification on the dog being provoked whether it was the eye contact or standing in front of her house. Ms. Wirth indicated the dog being kicked was the provocation. She then said that the dog barked at them and was kicked. Mayor Sweeney asked if the dog was kicked before the bite. Ms. Wirth indicated the dog was kicked before itbit the woman and the officer was told that. Council Member Paar said he was sony about the unfortunate circumstances Ms. Wirth has been experiencing.but said that making eye contact with a dog should not provoke it to bite. Ms. Wirth indicated the eye contact did not provoke it to bite but the eye contact made the dog run out to the street barking and the man kicking the dog provoked the bite. She further commented that she walks around the City and when a dog runs out barking you keep walking and do not stop and stare at the dog and then kick it. Council Member Broussard Vickers commented that the dog was not vaccinated. Ms. Wirth indicated the dog was vaccinated as a puppy and was due for shots. Council Member Broussard Vickers commented that the dog was also not licensed. Ms. Wirth indicated she had a license that was good for the life of the dog. Council Member Broussard Vickers explained that one license is good for the life of one dog and could not be used for all subsequent dogs in the household. Ms. Wirth said she understands that now and apologizes. She then said that the dog is licensed and she has paid a fine for that. Council Member Paar asked whether the dog had been tested or observed for rabies. Ms. Wirth indicated the dog does not have rabies and commented that it lives in her house and sleeps with her children. Council Member Capra said she was sony for what Ms. Wirth has gone through and she understands, as she lost her mother in September. She then said that her son was the victim of a dog bite from a dog that she never would have questioned and he took the top of her son's ear off. She further commented that the fact is the dog ran into the street and it bit someone and that, in her opinion, makes it a potentially dangerous dog. She then said that whether or not the dog was provoked, the dog did bite someone. Council MemberLee indicated that kicking the dog could have been in self-defense. Ms. Wirth indicated that state statute states that the dog can be declared potentially dangerous only if it bites unprovoked. Page 5 of20 n.. - -. _.. . -...... .....00-...._ ......-.H....- -'-' -- -. .--.. - -....-...... '--~'. "_, .__. ..-._.... ...... _...~....__...._. ..._.H._._......" ...__._ ".. .~...;,......~."'_....~. ...~~.,......,.~..,,---..-,,_..;..\.....\~..".;.~i~.lW.~'f Centerville City Council Meetin Minutes g . February 26, 2003 City Attorney Hoeft indicated the Chief had given the definition of potentially dangerous dog and. this dog meets one or two requiremei:J.ts, so there is no question that the determination of Council will follow the recommendation of the Chief as well as state statute. Council Member Broussard Vickers indicated. that the size of the dog does not matter. She then commented that Ms. Wirth has several of the required items already and declaring the dog potentially dangerous and requiring the fenced backyard, kennel, and insurance, as well as, requiring that the dog be under the control of an adult when on leash should not pose an undue hardship on Ms. Wirth. r^ Mayor Sweeney commented that running away from a dog or not stopping could provoke the dog to attack and that may be why the people stopped when the dog approached them. Motion by Council Member Lee. seconded by Councll Member Broussard Vickers to uDhold the determination of the classification of Dotentially danllerous dOll. All in favor. Motion carried unanimouslv. Chief Heckman indicated that State Statute 347.515 requires a microchip be implanted for identification. Motion bv Councll Member Broussard Vickers~ seconded bv Councll Member Paar that the Dotentially danllerous dOll have a DrODer enclosure. the owner Drovide and show Droof annually of Dublic liability insurance. when on leash be under the control of someone 16 years of He or older~ and that the owner Drovide Droof of microchiD identification as Drovided by state statute. All in favor. Motion carried unanimously. VI. PUBUC HEARING(S) None. VII. BUSINESS 1. Resolution #03-011 - Wiseguy's Pizza and Pub Administrative Fine Mayor Sweeney read a letter from the Police Department concerning the failed compliance checks by Wiseguy's Pizza and Sager's Liquor. He then indicated that both businesses would be fined $500. Motion bv Councll Member CaDrL seconded bv Councll Member Broussard Vickers to aDDrove Resolution #03-011. All in favor. Motion carried unanimously. Page 6 of20 ~tervi11e City Council M~gMinutc=s . February 26,2003 . 2. Resolution #03-012 - Sager's Liquor Administrative Fine Motion bv Council Member Broussard Vicken_ seconded bv Council Member CaDra to aDDrove Resolutio~ #03-012. All in favor. Motion carried unanimouslv. Council Member Lee indicated he would like to see the fines go toward setting up . an independent compliance check. Ms. Moore-Sykes indicated that Staffhad researched the matter and found that the independent contractors only provide compliance checks for training plIlpOses. A representative from Wiseguy's Pizza asked if it would be possible not to use a Centerville police officer because the employee recognized the officer and even though the minor was carded still was served because the employee could not believe that a known officer would come in and try to help a minor obtain alcohol. Mr. Terry Sager indicated that his employee has been doing this for 12 years and had never failed but having the person with a Centerville officer lead to confusion. Council Member Broussard Vickers clarified that the employees assumed that a person coming in with a police officer must have been legal. She then asked whether the police department usually sends an officer in with the minor. Council Member Lee indicated it is customary to send a younger person in with an older person to try and get the establishment to serve them both. Mr. W~er indicated that he remembers both at Waterworks and at Trio where an officer did accompany an underage person into the establishment, as the officer has to obtain the evidence. Mr. Grahek indicated that in St. Paul they use a body microphone on the underage person to ensure safety but said it is. not uncommon to send an officer in to guarantee the safety of the minor. Ms. Wirth indicated she would like to see the fine be given to Mother's Against Drunk Driving. Mayor Sweeney indicated the City would take that under consideration. 3. Mr. Jeffrev Hanzal PrQposal- 7071 & 7073 Centerville Road Proposal Council Member Capra gave a brief overview of the history of the building. Council Member Broussard Vickers indicated the City was looking for a developer to redevelop and rehabilitate the entire block. Page 7 of 20 . . -. -...,....,.. ""'#'" ..-.. -'-' .---- ...-.- -.. --.... --# .., ...... . _..... ..... .. ...,.,_.....................A.-..._........ ..-..........",.................. .... ,..',. ,......#......._ ....1.. ...... ......__...............-..,.........u..".......,..,_._...... ....... ..._"....-._.....' --.................~.:.......,~,...~~.:.;..u...-..:..>..:...~.;.~;.!.\..'!4~ CenterviIle City Council Meetin Minutes g - February 26,2003 Council Member Capra indicated that the reason nothing has been done to the building is because. the Auditor had recommended doing nothing so that TIF funds could be used for redevelopment. Mr. Hanzal indicated that the building could be rented with a few minor corrections and updates. Ms. Neisius asked what the City's intention was with regard to the property. Council Member Broussard Vickers indicated the City's intention is to have the whole block available for redevelopment. City Attorney Hoeft clarified that the City was able to purchase the property early as the resident wanted to move to a retirement facility. He then explained that if someone is allowed to rent the property, it opens the City up to having to pay relocation benefits for moving them out and those costs would far exceed any money the City would earn. from renting the. property. He further commented that the City of Fridley held property it owned for 10 or more years and it is now the world headquarters of Medtronic, so it is in the City's best interest to hold onto the property until a developer comes to the City with a plan for redeveloping the block that would benefit the City. Mr. HanzaI asked whether the City would be interested in selling fixtures and cabinetry from the building since it will ultimately be demolished. City Attorney Hoeft indicated that would be open for discussion and suggested Mr. Hanzal contact Public Works to discuss a proposal that will be brought to Council for consideration. 4. Mr. Carl Buechler - 7071 & 7073 Centerville Road Proposal The above information would apply. 5. Police Department Consolidation Ms. Moore-Sykes reminded Council of the upcoming informational meeting on March 5, 2003 at 5:30 p.m. Council Member Capra indicated she would like to discuss the matter as a Council prior to going to the joint meeting. Ms. Moore-Sykes indicated that the joint meeting is an informational meeting where Council will obtain information to be discussed at a meeting of Centerville Council and there are no decisions to be made at this time. Council Member Capra indicated she would like to discuss how Council feels about the matter. Mayor Sweeney indicated this informational meeting is necessary to provide the information that needs to be discussed. Mr. Tom Wilharber, 6849 Centerville Road, indicated that the City has discussed consolidations over the years and he would like the City to carefully consider the mileage Page 8 of 20 Centerville City Council Meeting Minutes February 26, 2003 . along with types of calIs. The second thing he asked Council to consider was a citizen advisory commlttee to provide residents with an opportunity to comment regarding police officers. Council Member Broussard Vickers asked whether the public was invited to the informational meeting. Ms. Moore-Sykes indicated the meeting is open to the public but said public comment would not be taken at this meeting. She then indicated that public input on the proposal would be taken at the March 26, 2003 Council meeting. Ms. Wirth indicated the open meeting laws require notification of the meeting. Mayor Sweeney indicated the meeting had already been posted. Council Member Capra indicated she would like to see the number of patrolling officers at five rather than four as proposed. Ms. Moore-Sykes indicated that could be discussed at the meeting. Mr. Robert Wright, a police commission member, addressed Council and asked that the funding formula be kept open ended without locking the City into a funding formula today that will not work in the future. He also expressed concern with the fact that the proposal indicates there is no job guarantee and he is afraid that there could be large numbers of officers looking for employment elsewhere which would cause a major issue with funding unpaid benefits. . Mayor Sweeney indicated he is aware of funding concerns. Mr. John Grahek, a police commission member, addressed Council and indicated he is encouraged by the proposal presented. He then said that he is concerned because he has heard that there are five officers actively seeking employment with other departments and the reason is because the proposal does not guarantee jobs. He also cautioned that the timeline says all of this will be done by January 1,2004 and he feels that is a very short amount of time to accomplish all that needs to be done to close out two departments and create one new department. Mr. Grahek expressed concern that four officers may not be enough because two incidents tie up all of the officers and some cities require more coverage than Centerville so he thinks the coverage will not be the same in Centerville based on the formula presented. Mr. Grahek indicated the proposal lists 30 officers and right now there are 39 so that equates to. 9 lost jobs. Mayor Sweeney indicated the proposal has $200,000 in it for service officers and, if a Chiefwere to be hired, that person along with the Administrators would set the budget. He further clarified that this is an early proposal and all of the numbers are subject to change. Mr. Grahek indicated that it is a major undertaking to add officers once the formula has been set so he asked that the cities proceed cautiously. Page 9 of20 .........--....- -. ---. _...~ -.. '-'''--'-' --~. ....--. ..'- '-.. ......... .... ............_..., ...... I. ._,_..,.......~.._.__..._.________,..,......... .".-.....'..~".V....;..;ho.!....-'~\".4>:.~h.'-.,....~..;..;.-1a~ CenterviI1e City Council Meeting Minutes February 26, 2003 Council Member Broussard Vickers expressed. concern that the officers are agitated to the point of looking for other employment and asked whether there was anything that could be done to give some level of confidence. Mayor Sweeney said he would hope that the existing officers would he patient and see the process out. He also commented that any officers who work in this area; currently, either with Lino Lakes or Centennial Lakes, he would think would have priority because they know the area and there would be less training involved. Mayor Sweeney thanked the Commissioners for their comments but clarified that this is an early proposal and there is a lot of discussion and input to take place before a formal proposal is determined. He then asked that everyone exhibit patience as the process moves forward. Council Member Lee indicated the intent is to reduce costs without reducing police coverage. 6. Resolution #03-013 Amending Resolution #02-064 - Personnel Policy Council discussed the number ofPTO days that can be carried over. Council Member Lee suggested it may be in the City's best interest to offer disability insurance. Ms. Moore-Sykes indicated that other cities have short and long term disability insurance so that an employee would not be at home without a paycheck in the event of a long term illness or injury. Ms. Moore-Sykes indicated that she had researched a disability insurance policy and found that, since there are so few employees that would be covered, 100% participation is required and that would be tough to achieve voluntarily because the policy is age based and can be expensive. She then reCommended determining whether it is more expensive to allow employees to carry over PTO or provide disability insurance. Council Member Broussard Vickers indicated she felt the PTO part of the policy was not ready for approval and she would like further information. Ms. Moore-Sykes indicated the amendment to the policy would be Exhibit A for the Resolution. She then said that another issue is how to deal with the sick time that is already on the books for two employees. Mayor Sweeney indicated the City would need to buyout the sick time but he is not ready to proceed with the Resolution for the PTO portion. Council Member Capra recommended rectifying Section 6.6. Page 10 of20 Centerville City Council Meeting Minutes . February 26, 2003 Council Member Broussard Vickers suggested handling the educational reimbursement at this time. . Council Member Broussard Vickers indicated that if an employee is required to use 10 days, it implies that the employee can carry over 12 and she would prefer the einployee be required to use 12 days for 0 - 5 years, 17 days for 6 to 10 years and 22 days for 11 or more years. Council Member Broussard Vickers clarified that passing the Resolution would make Exhibit A sections 13.2 and 6.6. Motion bv CouncH Member Broussard Vickers. seconded bv CouncH Member Lee to aDDrove Resolution #03-013 with Exhibit Aaddressin2 tuition reimbursement. educational assistance.. and overtime.. . AD in favor. Motion carried unanimotlSlv. Council Member Broussard Vickers asked staff to obtain information on costs associated with carrying over a large number of PTO days versus providing a disability policy. for discussion at the next meeting. 7. Resolution #03-014 Declaring March Food Share Month . Motion bv CouncH Member CaDra.. seconded bv CouncH Member Broussard Vickers to aDDrove Resolution #03-014. All in favor. Motion carried unanimouslv. 8. Request to Donate Camcorder Council Member Broussard Vickers indicated the City does not make donations to any other type of entity a$ a matter of policy. Ms. Kim Stephan indicated the City cannot get batteries for the cameras and the only suggested use for them was to use them at the skating rink for surveillance. Mayor Sweeney indicated that the City has a policy of not donating, but the City could offer them for sale at a nominal fee if they are of no use to the City. Council Member Broussard Vickers asked Staff to report in the Week-in-Review that the City has cameras for sale to allow others access to them. Council Member Lee indicated that the Parks and Recreation Committee is having a terrible vandalism problem at the park off Brian Way and the Committee discussed using surveillance cameras to catch the vandals and recover some of the eXpenses for fixing the equipment being. destroyed. Council asked that Staff look into whether the cameras can be used for surveillance and, if not, offer them for sale. Page 11 of20 . . . .._.-..-....... ... _._. . ...... ........ . ...._~__..~._.~_._.. _~.. 4"~4_U ~ ~." .__4_......._....._ ~"'4' M _~..~_.'".4_W._......M. .._...._4_.~...........,_ ._.'....~ ...........'. ,.' ....'.. ....."...,~.;-.:I..,'"':..~.. ','" ," ". ~...... Centerville City Council Meetin Minutes g . February 26, 2003 . VIn. ANNOUNCEMENTSIUPDATES 1. Water and Street/Pavement Management Plans Ms. Moore-Sykes indicated she had met with Ms. Paulseth and Mr. patzer regarding issues for water and streets and a request from the Parks and Recreation Committee to look at a park maintenance schedule. She then overviewed her memorandum provided to Council and indicated that each plan would cost approximately $15,00.0: and would outline procedures, expenditures and provide a clear vision offu~e projects for the City. Mr. Peterson indicated the study would rate the projects and give different options and recommendations, as well as, costs for budgeting purposes. Motion bv Council Member Broussard Vickers_ seconded bv Council Member Caura to order a Street Maintenance and a City Water Distribution Plan to be uaid out of the water fund and street fund at a cost not to exceed 515_000 uer ulan. All in favor. Motion carried unanimousIv. 2. Legislative Ul'<iate Ms. Moore-Sykes indicated that the Governor's plan, yet to be approved by the House and Senate, would mean that the City ofCentervi1le loses $93,000 this year and $107,000 next year. Council Member Capra commented that the City has fixed costs that cannot be reduced and the cuts may not be 5% across the board, some will be higher. She then said that freezing state workers wages is one thing, but cities and counties should be allowed to malJage their own employees. Mayor Sweeney commented that a City that is managing itself properly should have funds available for its employees and the City should be allowed to make decisions concerning its employees.. Council Member Paar commented that something has to be done to solve the 12 years of excessive state spending. Mayor Sweeney commented that revenues increased by 6% and expenditures by 14% and that is a problem.. . Ms. Wirth indicated she did not feel it was fair to freeze state employee wages' as she is one. She then said that. taxes have been decreased 17% over five years and that is exactly the state deficit amount so it is not out of control spending. Mayor Sweeney commented that had he worked for a company that did state work and when the person in control of budgets says that he has to spend his entire budget in order to get more money next year that concerns him. Page 12 of20 Centerville City Council Meeting Minutes . February 26, 2003 3. Cawital Projects Update . City Attorney Hoeft had no report. 4. Pending Issues Council Member Capra indicated she went to her first Fire Steering Committee meeting and there was a discussion of setting aside more money for replacing capital equipment. Council Member Capra indicated the Cable Commission would be holding a special meeting in order to accelerate the Resolution to amend the Joint Powers Agreement to purchase property. Council Member Capra indicated she had spoken with the Deputy Chief and he had said he received permission to solicit charitable gambling funds for the purchase of defibrillators that are not weather sensitive and that can be used on children. She further indicated she had told him about the 10% the City receives from charitable gambling and that some funds may be available. Council Member Capra indicated she had learned from Ms. Paulseth that there are issues with retaining the 10% and she is looking into that matter with the Gambling Control Board. Council Member Paar provided an update on the EnC meeting. Ms. Moore-Sykes indicated that enough advertisements were sold to nearly offset the cost of the business directory. She then indicated that, with postage, the City contribution would be between $700 and $800. Council Member Paar indicated the Business Appreciation dinner is tentatively scheduled for Tuesday, May 13, 2063 and the EDC would like Mayor and Council Members to attend. He then said that Mayor Sweeney has been asked to give a speech and introduce himself at the meeting. Historic District Update Council Member Capra reviewed the results of the historic survey indicating that out of 42 surveys mailed there were 8 ''No'' responses and 9 "Yes" responses. Ms. Moore:.Sykes indicated that in order to stop the designation, there needs to be 51 % opposed to it. Council Member Capra indicated she would like to provide a map with the "Yes" and ''No'' responses listed for review at the next meeting. Page 13 of20 _...._.M_. ...-. ......-.;..--..~ .~.......' "-"--"~.-"'~'--" -. ..-__ ....... ...,.....' M" .... ""'..." ........ ..' ,,,",..',,",,,..' .,....... ............,....~ . .... .... .............'... ...... ,'...... .~.. ...._~ ..'_.....,.......,.. "',.:.,, \..' ~..._...l..'.;.\'.............\.......,...~..".............'.~,..\........,U~..,,~\.:..\'....,~;.l...~.:l.t.'h..:;~'~;.;..lah:r',:"~~~ CenterviIle City Council Meeting Minutes . February 26, 2003 Ms. Moore-Sykes indicated that Anoka County is required to do an historical preservation district inventory as part of the process. Council Member Broussard Vickers indicated she did not think it was necessary for Council to continue receiving the Chauncey Barrett infon:nation in their packets. City Employee Dinner Mayor Sweeney indicated he had read an article today. at ". 3:30 p.m. in the Qygf1 Community Press about the employee dinner and he is not happy about how the article portrayed him. He then commented that he had made an effort to call the reporter and he was misquoted. He further commented that to suggest that he is having this dinner for his wife, as a benefit, did not sit well with him. Mayor Sweeney commented that his wife had nothing to do with the suggestion of. an employee meal. He then said that he just started a business this year and it is his opinion, as a business owner and someone with .an employee, that the employee dinner is a legitimate business expense. He further indicated that he had taken his employee and spouse to dinner on his business expense as he feels that treating people properly and making them feel wanted and a part of the business goes a long way toward enhancing the business. Mayor Sweeney indicated that the reason he suggested the employee dinner was because with all the stress and demands on peoples' time he feels that to have someone say "1 appreciate you" goes a long way and that is his main reason for asking for this dinner. He then clarified that the vote was four (4) to one (1) and the City Attorney. was consulted and provided the opinion that this employee dinner is an acceptable expense that the City can legally do and he takes the City Attorney at his word. . Mayor Sweeney clarified that the money for the employee dinner will not be coming from the road fund as was stated. He then explained that the City budget contains an awards and appreciation fund with $400 budgeted, as well as, a miscellaneous fund with $500 budgeted. Mayor Sweeney indicated that if all nine (9) employees and their spouses, the Engineer and his spouse, the City Attorney and his spoilse, and the TimeSaver representative and her spouse attend the dinner at $15 per meal with a 15% tip, the expenditure for all of those people would come to approximately $423 and the motion was for an expenditure up to $500 with Council Members paying for their meals. Mayor Sweeney read the quote from the Quad Community Press concerning the dinner and clarified that what he had actually said was that he thought it would be a good idea to meet the spouses of the employees and would be a good way for new Council members to meet the employees and for the employees to meet the new Council members. Page 14 of20. Centerville City Council Meeting Minutes February 26, 2003 - Mayor Sweeney indicated that. when he had heard that an inquiry was m8.de to the State Auditor's Office he had asked the League of Minnesota Cities to send him information based on these types of expenditures. He read the following comments received from the League of Minnesota Cities indicating that the expenditures appropriate: ''The Office of the State Auditor (OSA's) report criticized Brooklyn Park for amounts spent on an annual. holiday part and an annual employee picnic. The Auditor also questioned amounts spent on food for employee meetings. The Auditor concluded that the expenditures did not further a public purpose and recommended that the city discontinue expending public funds for employee's social events. The OSA's report relied on an Attorney General's opinio~ from 1966, finding that "Any public benefit that might result from the proposed social event is too remote and speculative to justify this expenditure as being one for a public purpose." ''The League of Minnesota Cities offers sev~ observations regarding the statements made by the Office of the State Auditor and the Attorney General's Office is that whether a public purpose is served by expenditure by nature, is largely a matter properly left to the discretion of individual councils." ''We think a city council, as an employer, cOuld logically conclude that expenditures for employee events, including food at employee meetings, really have as their primary purpose, the creation of a more productive work force that better serves the interests of the citizens of the community." ''Each City Council should decide. whether it believes these types of employee benefits promote a public purpose and serve the best interest of the citizens of their community." ''With regard to the authority questions, a compelling argument can be made that such expenditures are a natural incident of the employer/employee relationship and that authority for such expenditure is implied as part of the authority to hire, retain and compensate employees." In conclusion; the League also stated that "courts accord a fair amount of deference to a city council's decision on municipal spending decisions. If a city council decides that it is appropriate to spend city funds on the types of expenditures discussed in this memorandum, we suggest that city councils spend time considering the issue and make their decisions only after thoughtful deliberation, considering all the practical, legal and political implications of its decision." Council Member Capra indicated that out of the amount budgeted for awards and presentations $100 was spent for the Lifetime Achievement awards and part of the money was set aside for the volunteer recognition dinner. She then indicated she had received several calls and told them it was a four (4) to one (1) vote and she believes it is against the law, in her opinion, and she would call the State Auditor and she followed through. . She further commented that she had one e-mail and two residents called and she told them itwas a non-issue and that they should contact other Council Members as she voted in the minority and could not recall the matter. She also commented that the reporter had asked her for her coniments. Council Member Paar indicated he had talked to Ms. Jen Haas at the Quad Community Press and apparently nothing he said was important because nothing he said was listed in Page 15 of20 ..-.... .. .'-+-.. ... - -. ..... ..-. ............ .-. ~._. .'.... .....~_. ...-.... .. ......-...-.....-- ..-.-- ...~-....._4..............._................._.,..';.h>.o_,:..i~....~ Centerville City Council Meeting Minutes February 26,2003 the article. He further commented that it would have helped if his comments were included because he had backed up the Mayor. Council Member Paar commented that Council Member Capra can make her comments as it is a free country but the reporter asked him for his comments and then did . not include them and that made the Mayor look bad unnecessarily and he feels that is inappropriate. Council Member Capra indicated she did not talk to Mr. Bums, she had received a fax from a lady with an Attorney General finding. Council Member Lee commented that the article not only made the Mayor looked bad, but the entire Council. He then said that he saw this dinner as an opportunity for teambuilding and to correct a perceived animosity between the Staff and previous Council. He further commented that when this was brought up on January 29,2003 the vote was unanimous and, if it is a fact that this is illegal, that should be stated in the paper but it is not and he feels if it is not fact, it is not only bad taste but malicious to bring it up to the paper. Council Member Lee indicated he had hoped that the employee dinner would be an event to bring Staff and Council closer together and it is doing just the opposite and he is embarrassed by that and wishes it did'not go this way. Council Member Lee indicated there was no mention in the paper that City Attorney Hoeft had advised Council on the legality of the employee dinner at the meeting and that, he feels, is a gross error on the part of the Quad Community Press. Council Member Paar indicated he had brought that up with the reporter and that was not printed. Council Member Lee indicated he would appreciate it if Council Members obtaining information that was not discussed in this Chamber, provide the information to all members for review. Council Member Capra commented that she had told Council she felt the dinner was illegal. Mayor Sweeney commented that it is an Attorney General opinion, not fact. Council Member Paar indicated he had told the person that called that he would bring her concern. to Council and he has done that. He then stated that he does not agree with her but it is his job to bring the information forward. He further coinmented that he had told her he voted yes for the dinner because he feels the dinner, at a nominal cost to the City, will go a long way toward making the employees feel appreciated and valued which will lead to improved communications and an improved working environtnent. Page 16 of20 Centervi11e City CotDlci1 Meeting Minutes February 26, 2003 - Council Member Paar indicated he had also made it clear that no alcohol would be pmd for and that Council Members.would be paying for their meals. Council Member Capra commented that the resident that called Council Member Paar had called her and said that Council Member Paar had said that this. was being done as a gesture because the former Council was so hard on Staff. She then asked if that was his comment. Council Member Paar clarified that he had told her that there were issues with former Council and Staff and when he said that she had started bringing up issues and he had told her he wanted to move forward. He further clarified that he had told the resident that if the Mayor had suggested an extravagant weekend retreat at great expense to the City he would have been opposed but he feels this dinner is a nominal cost for the potential gain to the City. He also said that she was concerned with the legalities of the dinner and he had told her that the City Attorney advised that it was appropriate for the City to pay for the dinner for employees. Council Member Capra commented that on the note of the previous Council being hard on the Staff she would agree that they were hard on Staff but said it took over a year to get answers on the finances of the City. Council Member Broussard Vickers indicated she did not feel it was appropriate to be discussing former Council and former issues. Council Member Paar commented, for the record, that he never said that the Council was hard on the Staff: he had said there were some teJ:?Bions be~een both Council and Staff. Council Member Capra indicated she is supportive of Staff as she feels the City is on the right track and making headway. She then said that the City dealt with the Christmas party two years ago and had a memo from the League of Minnesota Cities indicating that it was inappropriate. City Attorney Hoeft indicated that was not correct. Council Member Capra indicated she had found a reference to it in the November 2001 minutes. She then said that when the reporter called her and asked questions, she told them to contact other Council Members because she would not be recalling the matter as hers was not the deciding vote. Council Member Broussard Vickers indicated that she is concerned that Council Member Capra goes outside. the City whenever she disagrees with an opinion given here to get verificati~nof her opinion. She then said that this is not the first time and she has concerns with Council Member Capra calling the State Auditor and bringing issues to their attention that the Council, as a whole, has already decided on. She further commented that she had received an opinion from the Attorney on the matter and voted accordingly. Council Member Capra asked whether Council wished to recall the matter. Page 17 of20 Centerville City Council Meeting Minutes February 26, 2003 . City Attorney Hoeft commented that this point of view was originally started with political grandstanding by the former State Auditor. He then said that the thing he was disappointed in is that he, as the City's legal counsel, never received a telephone call or voicemail concerning the legal aspect of the employee dinner. Mayor Sweeney indicated he was confronted by a fellow firefighter last night and that is why it is being discussed. City Attorney Hoeft commented that he would have thought it would be prudent for the newspaper to contact him. He then said that the information from Mr. Grundhoeffer at the League of Minnesota Cities was accurate, given short shrift. He further clarified that the gentlemen from the State Auditor's office indicates that there is no statute that authorizes the City to spend money for an employee appreciation dinner and he disagrees with that as there is a statute that authorizes the Council to spend money that is for a public purpose. City Attorney Hoeft commented that there has been a lot of talk about wanting cities to operate more as private businesses because cities have not been accoUntable for the money they receive and spend, so cities have attempted to do that to be more accountable but they do not seem to want to carry out some of the things, such as employee appreciation, recognition service, longevity awards, and team building activities and for someone to say that these types of activities do not benefit the City as a whole, demonstrates a lack of understanding of team concepts. He then said that the group he works with does things together personally, and it makes their unit of the firm more efficient and, in turn, makes the firm more profitable. He further commented that people who know enough about each other personally know how to get along well and work well together and get along better and are, as a result, more efficient City Attorney Hoeft indicated that the State Auditor has no legal authority to say that the employee dinner is inappropriate or illegal. He then said that, if the Auditor's office feels that the spending is inappropriate, then they are out touch with the function of cities and that was. recently demonstrated with the recent report on LGA showing a complete misunderstanding of municipalities. City Attorney Hoeft indicated that the State Auditor has no legal authority to render an opinion as to whether something is or is not legal. The State Auditor has the authority to render an opinion as to whether it is an appropriate expenditure and, if they feel it is not, refer the matter to the County Attorney for consideration and possible charges. City Attorney Hoeft indicated that the League of Minnesota Cities has said that the safe thing would be not to do it because then the question would never be raised but, if the Council, as a body, makes the determination that the expenditure is for a public purpose, it is appropriate. The State Auditor has no authority over that and can only refer the matter to the County Attorney for charging out as a crime. He then said that there has Page 18 of20 Centerville City Council Meeting Minutes February 26. 2003 - never been a case where something like this has been charged out and he said there will not be here or in any other City. . .City Attorney Hoeft indicated the dinner is fine for the reasons that other Council Members stated as it is for a public pmpose and to see it as something as a perk that is only a benefit to the current employ~as if the City was adding $25 onto their paycheck is missing the point of how government needs to function in these times of being efficient and cost effective. Council Member Capra asked if this was written into the personnel policy as compensation, would it be an approved e;xpenditure. City Attorney Hoeft indicated the expenditure could be legitimized in a number of ways. He then said that to say it is illegal if it is not in the personnel policy is irritating and not worth discussion. He further commented that it is irritating to him that anyone from this Council that was contacted did not go through and disseminate information from the League of Minnesota Cities that would show the opinions given to alleviate some of the negativity and one sidedness of that article. Ms. Wirth indicated that state employees, in an effort to control spending, have a potluck when they get together and it is very fun. Council Member Capm indicated that was suggested and not approved. Mayor Sweeney said he appreciates all the comments and everyone is entitled to disagree with him or any other Council Member but the thing he does not appreciate is having this aired out in the paper after a decision has been made by the Council. He then said that it would be his recommendation that the City look into using another newspaper for publishing its legal notices should the Quad Community Press continue to publish one- sided articles containing misinformation. Council Member Broussard Vickers indicated she would like to consider other options for the City's legal newspaper. Mayor Sweeney commented that he feels the news should be reported, and reported accurately, as there are some people that feel if it is in the newspaper it must be true and, in this matter, that is not the case. He then commented that continued misquotes and misinformatiouiwould prompt him to recommend using another newspaper. CouncilMem1>er Capm recommended Mayor Sweeney contact the newspaper if he believes he was misquoted. Mayor Sweeney indicated that he would prefer that the paper get the information right the first time as this was a front page article and a retmction, if any, would be several pages back and not as Widely viewed. Ms. Moore-Sykes reminded Council of the upcoming newly elected officials training. Page 19 of20 . " Centerville City Council Meeting Minutes February 26. 2003 . IX. ADJOURNMENT Motion bv Council Broussard Vickers.. seconded by Council Member Capra to . adjourn the February 22.. 2003 City Council Meetin2 at 9:27 B.m. All in favor. Motion carried unanimouslv. Transcribed by: Joan Lenzmeier, Recording Secretary TimeSaver Off Site Secretarial, Inc. Page 20 of 20 Centennial Fire District Check Register 3/412003 . The ~Isbursements listed below are submitted by the Centennial Fire DIstrict for your approval: DATE 3/412003 3/412003 3/412003 3/412003 3/412003 3/412003 3/412003 3/412003 3/4/2003 3/412003 3/412003 3/412003 3/412003 3/412003 3/412003 3/412003 3/412003 3/412003 3/412003 3/412003 3/412003 3/412003 3/412003 3/412003 CHECKtI NAME 13673 13674 13675 .13676 136n 13678 13679 13680 13681 13682 13683 13684 13685 13686 13687 13688 13689 13690 13691 13692 13693 13694 13695 13696 Aspen MUls Emergency Apparatus Maintenance Helman Rre Equipment, Inc. Inventory Trading Company Kevin Stewart Leef ServIces Mcleod USA Metrocall Milo Bennett North Memorial Transportation Services Public Safety Center, Inc. Rolltex Computers Stacy's Specialty StItching Twin City Garage Door Company VerIzon Wireless Postmaster Frattallone's Hardware Hugo Feed Mill & Elevator All Time Favorites, Inc. BoundTree Medical Kathy Mischke MIlo Bennett City Wide Insulation Mike T. Peterson 1of1 ACCOUNT 42120 - Uniform Expense 42000 - Vehicle Maintenance 42130 - Equipment Expense 42280 - Miscellaneous Expense 42190 - Rre Prevention Supplies 42130 - Equipment Expense 42240 - Telephone 42240 - Telephone 42130 - Equipment Expense 42260 - Medical Supplies 42130 - Equipment Expense 42180 - OffIce Supplies 42190 - Rre Prevention Supplies 42110 - Other Maintenance 42240 - Telephone 42180 - OffIce Supplies 42110 - Other Maintenance 42230 - Cleaning Supplies 45600 - Donated Items Expense 42130 - Equipment Expense 45600 - Donated Items Expense 45600 - Donated Items Expense 45510 - Garage Expense 45510 - Garage Expense Total AMOUNT 68.00 5,744.28 109.19 225.00 88.24 2,847.50 356.49 69.90 14.25 1,048.92 270.20 85.20 1,375.00 127.50 140.40 111.00 84.14 6.06 1,600.00 127.80 144.90 1,505.00 850.00 12.73 $17,011.70 .'. \ \~ . v $70,000 $60,000 $50,000 $40,000 $30,000 $20,000 $10,000 .. o . DiSbu]{SeM.e~t e Qeeeipts 5-ebllUQJl~ 24 ttuLu MalleR 6, 200g Receipt6 Di6bur6ement6 Payroll (2-~7-03) $24,354.05 $63,189.71 $10,528.21 II Disbursements II Receipts III Payroll Amount CITY OF CENTERVlLLE Cash Receipts Feb-ruary 24, 2003 through March 6, 2003 Tran Date Refer Comments Batch Name ., t' .. 03106103 4:11 PM Page 1 .Account Oeser FUND 101 GENERAL FUND Act Type G Act $0.75 $1,500.00 $0.50 $2.00 $4.41 $0.50 $32.00 $32.00 $1,500.00 $1,500.00 $0.50 $0.50 $100.00 $1,500.00 $0.50 $1,500.00 $7,673.66 Act Type R $111.71 $20.00 $25.00 $121.80 $50.00 $30.00 $20.00 $40.00 $50.00 $50.00 $50.00 Act $566.51 FUND 10 $8,242.17 2/2412003 2126/2003 212612003 2I26l2OO3 2I26l2OO3 2/2812003 2/2812003 2/2812003 2/2812003 3/412003 3/4/2003 3/412003 3/412003 3/512003 3I5l2OO3 3/512003 2/24/2003 2/2812003 212612003 2I26l2OO3 2I26l2OO3 2/2812003 2/2812003 3/4/2003 3/4/2003 3/4/2003 3/512003 o 6645 20TH AVE #150 SIGN 022403 o 1742 OJIBWAY DR - SOD/G 02-2603 o 7244 MAIN ST - 03-008 02-2603 o 7137-BRIAN DR - 02-013 02-2603 o UB UR Receipt Group 01 RE 02-26-03 UT o ASIAN TO GO -1857 MAIN 02-28-03 o NCPERS INSURANCE - JAN 02-26-03 o NCPER UFE INSURANCE P 02-28-03 o 1616 HUNTER'S TRL - MEA 02-28-03 o 1787 DUPRE RD - LANDse 03-04-03 o 1566 PEL nER LAKE OR - C 03-04-03 o 7254 CLEAR RIDGE - M03-O 03-04-03 o UB UR Receipt Group 00 FIN 030403UT o 1749 OJIBWAY DR- ESCRO 03-05-03 o 7187 ROBIN LANE W - C03- 03-05-03 o 6884 BEAVER POND WAY - 03-05-03 o 6845 20TH AVE #150 SIGN 022403 o 7244 MAIN ST - 03-008 02-2603 o 7295 BRIAN DR - C03-012 02-2603 07137 BRIAN DR-02-o13 02-2603 o RENTALAPPLlCATlON -71 02-2603 o BURNING PERMIT -$HEEH 02-2603 o ASIAN TO GO -1857 MAIN 02-26-03 o 7254 CLEAR RIDGE - M03-0 03-04-03 o 1566 PEL nER LAKE OR - C 03-04-03 o 1988 MAIN ST - UNIT 1 - RE 03-04-03 o 7187 ROBIN LANE W - C03- 03-05-03 FUND 325 ELEM WATER MAIN EXT DEBT SERV Act Type R $631.75 3/4/2003 01810 MAIN ST -23-31-22-13- 03-04-03 Act $631.75 FUND 32 $631.75 FUND 415 STORM WATER IMP PROJECTS Act Type R $4.58 $56.90 $8.19 $62.11 $2.90 $28.58 $32;83 $3.30 $0.57 $5.73 $1.40 . 2/24/2003 2/24/2003 2/2612003 212612003 2/2812003 2/2812003 3/4/2003 3/4/2003 3/6/2003 3/612003 3/6/2003 o UB Receipt Serv Pen 10 DR 022403ut o UB Receipt Serv 10 DRAIN F 022403ut o UB Receipt Serv Pen 10 DR 02-26-03 UT o UB Receipt Serv 10 DRAIN F 02-28-03 UT o UB Receipt Serv Pen to DR 022803UT o UB Receipt Serv 10 DRAIN F 022803UT o UB Receipt Serv 10 DRAIN F 030403UT o UB Receipt Serv Pen 10 DR 030403UT o UB Receipt Serv Pen 10 OR 03-08-03-UT o UB Receipt Serv 10 DRAIN F 03-08-03-UT o UB Receipt Serv Pen 10 OR 030603 G 101-24500 Bldg. Permit Surcharge G 101-24505 Sod Escrow G 101-24501 Plmblng Permit Surcharg G 101-24500 Bldg. Permit SurchatlJe G 101-11500 Accounts Receivable G 101-24501 Plmblng Permit Surcharg G 101-21710 Other Oeductlons G 101-21710 Other Deductions G 101-24505 Sod Escrow G 101-24505 Sod Escrow G 101-24503 EIec. Permit Surcharge G 101-24502 Mech. Permit Surcharge G 101-11500 Accounts Receivable G 101-24505 Sod Escrow G 101-24503 EIec. Permit Surcharge G 101-24505 Sod Escrow R 101-32210 Bulldlng/Mech. Pennits R 101-32180 Plumbing Permits R 101-32225 EJectrical Inspection R 101-32210 Bulldlng/Mech. Pennlta R 101-32100 RentallLiquor Licenses R 101-32000 Special UselGradlngIBum R 101-32180 Plumbing Permits R 101-32210 Bulldlng/Mech. Permits R 101-32225 Electrical Inspection R 101-32100 RentaIILiquor Licenses R 101-32225 Electrical Inspection R 325-36100 Special Assessments R 415-32350 Stonn Water Drainage Fu R 415--32350 Storm Water Drainage Fu R 415-32350 Storm Water Drainage Fu R 415-32350 Storm Water Drainage Fu R 415-32350 Storm Water Drainage Fu R 415-32350 Stonn Water Drainage Fu R 415--32350 Storm Water Drainage Fu R 415--32350 Storm Water Drainage Fu R 415--32350 Storm Water Drainage Fu R415-32350 Storm Water Drainage Fu R 415--32350 Storm Water Drainage Fu '" . . CITY OF CENTERVILLE Cash Receipts February 24, .2003 through March fI, 2003 03106/03 4:11 PM Page 2 Tran Batch Amount Date Refer Comments Name Account.Descr $13.95 3I6l2OO3 o US Receipt Serv 10 DRAIN F 030603 R 415-32350 Stonn Water DraInage Fu Ad $219.04 FUND 41 $219.04 FUND 601 WATER FUND Act Type G $1.73 2/2412003 o UB Receipt SUl'c 1 SALES T 02240301 G 601-20800 State Sales & Use Tax $1.33 2I26l2OO3 o US Receipt SUl'c 1 SALES T 02-26-03 UT G 601-20800 State Sales & Use Tax Ad $3.06 Act Type R $386.89 2/2412003 o US Receipt Serv 1 WATER 02240301 R 601-37100 Water Sales $26.68 2/2412003 o US Receipt Serv 15 WATER 022403ut R 601-37100 Water Sales $2.67 2/2412003 o UB Rece;pt Serv Pen 15 WA 02240301 R 601-37100 'Water Sales $38.70 2/2412003 o UB Receipt Serv Pen 1 WAT 022403ut R 601-37100 Water Sales $290.00 2I26l2OO3 o 7244 MAIN ST - WATER ME 02-2603 R 601-34600 Water Meter Charges $1,500.00 2I26l2OO3 o 7244 MAIN ST - WATER HO 02-2603 R 601-37150 Water ConnectJReconnec $602.16 2I26l2OO3 o UB Receipt Serv 1 WATER 02-26-03 UT R 601-37100 Water Sales $60.21 2I26l2OO3 o UB Receipt Serv Pen 1 WAT 02-26-03 UT R 601-37100 Water Sales $20.40 2I26l2OO3 o UB Receipt Serv 15 WATER 02-26-03 UT R 601-37100 Water Sales $2.04 2I26l2OO3 o US Receipt Serv Pen 15 WA 02-26-03 UT R 601-37100 Water Sales $393.61 2I26l2OO3 o US Receipt Serv 1 WATER 022803UT R 601-37100 Water Sales $39.96 2128/2003 o UB Receipt Serv P~ 1 WAT 022603UT R 601-37100 Water Sales $0.04 2/2812003 o US Receipt Serv Pen 30 WA 022803UT R 601-34400 Safe Drinking Water Fee $0.55 212812003 o US Receipt Serv 30 WATER 022603UT R 601-34400 Safe DrInking Water Fee $4.38 3/412003 o US Receipt Serv .100 SHUT 030403UT R 601-37150 Water ConnectJReconnec $0.06 3/4/2003 o UB Receipt Serv Pen 30 WA 030403UT R 601-34400 Safe DrInking Water Fee $0.57 3/412003 o US Receipt Serv 30 WATER 030403UT R 601-34400 Safe Drinking Water Fee $38.59 3/4/2003 o US Receipt Serv Pen 1 WAT 030403UT R 601-37100 Water Sales $360.18 3/412003 o UB Receipt Serv 1 WATER 030403UT R 601-37100 Water Sales $5,795.20 3/4/2003 o 1421 MOUND TRAIL - 15-31- 03-04-03 R 601-36100 Special Assessments $10.94 3/6/2003 o UB Receipt Serv Pen 1 WAT 030603 R 601-37100 Water Sales $47.60 3I8l2OO3 o UB RecelptServ 1 WATER 03-06-03-UT R 601-37100 Water Sales $0.07 3I6J2OO3 o US Receipt Serv Pen 30 WA 030603 R 601-34400 Safe Drinking Water Fee $0.64 3I8l2OO3 o UB Receipt Serv 30 WATER 030603 R 601-34400 Safe DrInking Water Fee $4.76 3I6l2OO3 o UB Receipt Serv Pen 1 WAT 03-06-03-UT R 601-37100 Water Sales $109.26 3/612003 o UB Receipt Serv 1 WATER 030603 R 601-37100 Water Sales Ad $9,734.16 FUND 60 $9,737.22 FUND 802 SEWER FUND Act Type R $7.69 2/24/2003 o UB Receipt Serv Pen 18 SE 02240301 R 602-37200 Sewer Sales $76.91 2/2412003 o UB Receipt Serv 18 SEWER 022403ut R 602-37200 Sewer Sales $85.21 2/24/2003 o US Receipt Serv Pen 6 SEW 02240301 R 602-37200 Sewer Sales $852.27 2/2412003 o US Receipt Serv 6 SewER 022403ut R 602-37200 Sewer Sales $96.53 212612003 o US ReceIpt Serv Pen 6 SEW 02-26-03 UT R 602-37200 Sewer Sales $965.41 2/2812003 o US Receipt Serv 6 SewER 02-26-03 UT R 602-37200 Sewer Sales $49.00 212612003 o UB Receipt Serv 18 SEWER 02-26-03 UT R 602-37200 Sewer Sales $4.90 2/26/2003 o US Receipt Serv Pen 18 SE 02-26-03 UT R 602-37200 Sewer Sales $467.95 2/2812003 . 0 UB Receipt Serv 6 SewER 022803UT R 602-37200 Sewer Sales $47.46 2/2812003 o UB Receipt Serv Pen 6 SEW O22803UT R 602-37200 Sewer Sales $536.67 3/412003 o US ReceIpt Serv 6 SewER 030403UT R 602-37200 Sewer Sales $54.21 3/412003 o UB ReceIpt Serv Pen 6 SEW 030403UT R 602-37200 Sewer Sales ., . CITY OF CENTERVILLE Cash Re~lpts February 24, 2003 through March 6, 2003 03I06I03 4:11 PM Page 3 Tran Amount Date $9.35 3I6l2OO3 $93.55 3/612003 $228.76 3/6/2003 $22.88 3I6l2OO3 Act $3.598.75 FUND 60 $3.598.75 Refer Comments Batch Name Account.Oeser R 602-37200 Sewer Sales R 602-37200 Sewer Sales R 602-37200 Sewer Sales R 602-37200 Sewer Sales o UB Receipt'Serv Pen 6 SEW 03-06-03-UT o UB Receipt Serv 6 SEWER 03-Q6.03..UT o UB Receipt Serv 6 SEWER 030603 o US Receipt Serv Pen 6 SEW 030603 FUND 619 SAVINGS & CD INTEREST Act Type R $416.16 $496.85 $48.07 $724.71 $239.33 $1.925.12 3/412003 3/412003 3/412003 3/412003 3/512003 1 February investment interest- 02l28103lnt 1 February investment interest- 02l28103lnt 1 February investment interest- O2I28103lnt 2 February investment interest 02l28103int 1 February checking interest 02I28102lnt2 R 619-36210 interest Earnings R 619-3621Q Interest Earnings R 619-36210 Interest Earnings R 619-36210 interest Earnings R 619-36210 Interest Earnil\gs Act FUND 61 $1.925.12 $24.354.05 FILTER: ({[period] in{2 . 3) and [Act Year] = '2003') and [fran Nbr] in{1 0, 12, 13)) and ({{{{{{{{Not [fran Date]=#2I3/2003#))) AND {(Not [fran Date]=#2I512003#))) AND ((Not [fran Date]=#2I10/2003#))) AND ((Not [Tran Date]=#2I14/2003#))) AND ((Not [fran Date]=#2I1812003#))) AND ((Not [fran Date]=#2I19/2003#))) AND {(Not [fran Date]=#2I2012003#))) JI . .,. Name CITY OF CENTERVlLLE 03/06103 4:16 PM Page 1 .Check Summary Register@ MARCH 2003 Check Date Check Amt 10100 MAIN STREET BANK UnPaid BANYON DATA SYSTEMS INC UnPaid BONESTROO, ROSENE, ANDER UnPaid CENTENNIAL LAKES POLICE DE UnPaid CLEARWATER CREEK UnPaid LEAGUE OF MN CITIES UnPaid METROCALL UnPaid MINNEGASCO. UnPaid MOORE-8YKES, KIM UnPaid NETWORK SOLUTIONS INC UnPaid OFFICE MAX UnPaid PC SOLUTIONS, INC. UnPaid PRESS PUBLICATIONS. UnPaid REEL MANUFACTURING, INC. . UnPaid RIVARD ELECTRIC COMPANY IN UnPaid STORK TWIN CITY TESTING CO UnPaid T.A. SCHIFSKY & SONS INC . UnPaid TIME SAVER UnPaid TOM THUMB UnPaid U.S. BANK TRUST NAT'L ASSOC. UnPaid US BANK TRUST UnPaid VERIZON WIRELESS, BELLEVUE UnPaid WINNICK SUPPLY UnPaid XCEL ENERGY FILTER: None Total Checks $1,408.08 WINPAY & WINFUND SUPPORT $8,826.58 PHEASANT MARSH UT & STR. IMPRV. $40,379.08 MARCH'S POLICE SERVICE $181.48 FUEL FOR FEB $38.23 2003 DIRECTORY 9F MN CITY OFFICIALS $22.56 SERV THRU 3-1-D3 -5-31-D3 $12.66 7071 CENTERVlLLE RD - SERV THRU 2-21-0 $30.88 OVER WITHHELD LIFE. INSURANCE $35.00 DOMAIN NAME OF CENTERVILl.EMN.COM $192.64 OFFICE SUPPLES $116.08 BATTERY BACK FOR COMPUTER PHONE R $261.60 NOTICE OF PUBLIC HEARING $7,140.00 GATE VALVE EXTENSION FOR P.W. $25.50 REFUND ELECTRICAL PERMIT C03-OO6 $1,330.80 PHEASANT MARSH 1 TESTING $66.53 WINTER ASPHALT $273.73 2-26-02 COUNCIL MEETING $225.30 FUEL THRU 2-28-03 $628.75 WATER REVENUE BONDS SER 1996 $175.00 GEN. OBLlG. SEWER & WATER REVENUE $255.28 SERV THRU 2-20-03 - ON CALL $8.15 MCACTEXCHANGE-P.W. $1.553.86 1694 CENTERVlLLE RD -8ERV 3-1-D3 $63,189.n ... .. -. 2003 Payroll Summary Paid 2-27-03 Check # Employee Name Check Date Check Amount Check Gross 2003 7189 MOORE-SYKES. KIMBERLAI 2/2712003 $1.593.04 $2,884.29 2003 7190 PAULSETH. ELLEN 2/27/2003 $1.320.44 $2.446.35 2003 7191 MCPHERSON. JOEL 2/2712003 $1.091.06 $1.911.03 2003 7192 PETERSON. TEDD 2/2712003 $1.012.52 . $1.913.56 2003 7193 DMS, CARYN L. 2/27/2003 $88.75 $98.00 2003 7194 DMS. MEGAN M. 2/2712003 $71.35 $78.00 2003 7195 DIXON. JACOB M. 2/27/2003 $88.66 $96.00 2003 7198 FlASPETER. ANTHONY L 2/27/2003 $31.40 $34.00 2003 7197 NOVAK, JAKE D 2/27/2003 $87.02 $96.00 . 2003 7198 BENDER, TERESA 2/27/2003 $959.36 $1.809.20 2003 7199 SWEENEY. KRISTEN 2/27/2003 $813.81 $1.425.21 2003 7166 COOK. KENNETH 2/27/2003 $568.11 $1.751.75 2003 7187 PALZER, PAUL J. 2/27/2003 $1.866.92 $2.688.78 2003 7168 STEPHAN. KIM 2/27/2003 ~ $1.352.25 $10.528.21 $18.584.42 'i' STAFF REPORT DATE: March 12, 2003 TO: Honorable Mayor and City Council Kim Moore-Sykes, City Administrator tWb FROM: RE: Electrical Inspection Services Agreement ......................................................................... BACKGROUND Late last year, the City's electrical inspector, Ken Peterson, decided to retire. Staff interviewed Dave Kichler, who works both for the State of Minnesota and as a private contractor. At the time Staff met with him, he indicated that he was comfortable with the arrangements as created by the contract that the City had with Mr. Peterson. Mr. Kichler indicated that he could also work with the City as an employee of the State of Minnesota, but it would be several weeks before he would be able to work with Centerville. The previous Council agreed to work with Mr. Kichler on a contractual basis for a probationary of six (6) months. Mr. Kichler has worked for the City for the last six months and has worked well with the residents and Staff. The City Attorney has reviewed the contract and approved it. RECOMMENDATION Staff is recommending that the contract with Mr. Dave Kichler be approved. ., , erviffe T,sta6[isftd 1857 CITY OF CENTERVILLE ELETRICAL INSPECTION SERVICES AGREEMENT This contract is made and entered into between the CITY OF CENTERVILLE, hereinafter identified as "City" and DA VB KICHLER INSPECTIONS, INC., hereinafter identified as "Contractor". WHEREAS, the City requires services to be provided for electrical inspection for electrical permits issued in the City; and WHEREAS, the Contractor desires to and is capable of providing the necessary services according to the terms and conditions stated herein; NOW THEREFORE BE IT RESOL VBD that in consideration of mutual promises and agreements contained herein, the parties agree to the following: 1. TERMS 1.1 The terms of this Contract shall run from October 11, 2002 to and including, _ . unless earlier terminated by law or according to the provisions herein. 2. CONTRACTOR'S OBLIGATIONS 2.1 General Description. The Contractor shall provide the following services generally described as: a. Provide qualified personnel to perform electrical inspections within two work days of notification by the electrical installer. b. Enforce the Minnesota Electrical Act and Rules as adopted and amended .. by the City. c. Submit a report of completed inspections, invoice for completed electrical inspections with the completed permits on the first and third Mondays of each month. d. 'Cooperate with the City Building Official to resolve non-complying or incomplete electrical installations when the installers fail to comply with acceptable standards. . .' e. Notify the electrical utility for connection or re-connection of all electrical services installed, replaced, or repaired for which an electrical permit is required. Contractors may call in for hook-ups on residential installations. 3. CITY'S OBLIGATIONS 3.1 General Descriptions. The City shall: a. Receive and process electrical permits and fees in accordance its fee schedule. b. Forward the white copy of the permits to the Contractor, retain the pink copy of the permit, and file the same in alpha/numerical order by address until the completed white copy is returned with the report of; the completed inspections and permits. c. Receive and process orders for payment and fees collected for fee shortages and extra or special inspections. d. Adopt the most recent revision of the Minnesota Electrical Act including M.S. 326.01. e. Adopt Minnesota Rules Chapter 3800. 4. PAYMENT. 4.1 Compensation. The City shall pay the Contractor 80% of the permit fees collected for completed inspections. 4.2 Invoices. The Contractor shall, within fifteen (15) working days following the last day of each calendar month in which the services were provided, submit an invoice and request for payment on an invoice form acceptable to the City. 4.3 Time of Payment. The City shall make payments to the Contractor within thirty- . five (35) days from the date of which the invoice was received. If the invoice is incorrect, or otherwise improper, the City shall notify the Contractor within ten (10) days of receiving the incorrect invoice. Upon receiving the corrected invoice from the Contractor, the City will make payment within thirty-five (35) days. 4.4 :Vayment for Unauthorized Claims. The City may refuse to pay any claim, which is.,not specifically authorized by the Contract. Payment of the 'claim shall not preclude the City from questioning the propriety of the claim. The City reserves the right to offset any overpayment or disallowance of claim by reducing future payments. 5. COMP~~CE WITH LAWS AND STANDARDS. 2 "';..' f. 5.1 General. The Contractor shall abide by all federal, state and local laws, statutes, ordinances, rules and regulations now in effect or hereafter adopted pertaining to this Contract. 5.2 Licenses. The Contractor shall procure, at hislher own expense, all licenses, permits, or other certifications required for the provision of services contemplated by this Contract. The Contractor shall inform the City of any changes in the above-stated laws, standards, requirements, rules, etc., within five (5) days of occurrence. 5.3 Minnesota Law to Govern. This Contract shall be governed and construed in accordance with the substantive and proceduraIlaws of the State of Minnesota, without giving effect to the principles of conflict of laws. All proceedings related to this Contract shall be venued in the State of Minnesota. 6. INDEPENDENT CONTRACTOR STATUS. The Contractor is an independent contractor and nothing herein contained shall be construed as to create the relationship of employer and employee between the City and the Contractor. The Contractor shall at all times be free to exercise initiative, judgment, and discretion as to how to best perform or provide services. The Contractor acknowledges and agrees that the Contractor is not entitled to.receive any of the benefits received by City employees and is not eligible for worker's or unemployment compensation benefits. The Contractor also aclmowledges and agrees that no withholding or deduction for State or Federal income taxes, FICA, FUT A, or otherwise, will be made from the payments due the Contractor and that it is the Contractor's sole obligation to comply wit the applicable provisions of all Federal and State tax laws. 7. INDEMNIFICATION. Any and all claims that arise or may arise on behalf of the Contractor, hislher agents or hislher employees as a consequence of any act or omission on the part of the Contractor, hislher agents, or hislher employees while engaged in the performance of the Contract shall in no way be the obligation or responsibility of the City. The Contractor shall indemnify, hold harmless and defend the City, its officers and employees against any and all liability, loss, costs, damages, expenses, claims and actions, including attorneys' fees which the City, its officers or employees may hereafter sustain, incur or be required to pay, arising out of or by reason of any negligent or wil1fu1 act or adequately perform the Contractor's obligations pursuant to this Contract. 8. INSURANCE. .8.1 Professional Liability Insurance. The Contractor must provide professional liability insurance with limits of at least $500,000 per occurrence, $1,000;000 aggregate for each person performing inspections under this contract and with the City as an additional insured. The Contractor shall provide extended reporting coverage for a claims-made policy. 3 ,0. 8.2 Automobile Liability. The Contractor must provide a certificate of automobile insurance meeting the minimal requirements of the State for each person performing inspections ~der this .Contract. 8.3 Worker's Compensation. If applicable, the Contractor shall procure and maintain a policy that at least meets the statutory minimum. 8.4 Certificates. Prior to or concurrent with execution of this Contract, the Contractor shall :file copies with the City which shall be incorporated into this Contract as Exhibit A. 8.5 Failure to Provide Proof of Insurance. The City may withhold payments or immediately terminate this Contract for failure of the Contractor to furnish proof of insurance cov~e or to comply with the insurance requirements as stated above. 8.6 Non-Waiver. Nothing in this Contract shall constitute a waiver by the City of any statutory limits or exceptions on liability. 9. SUBCONTRACTING. The Contractor shall not enter into any subcontract for the performance of the services contemplated under this Contract nor assign any interest in this Contract without prior written consent of the City and subject to such conditions and provisions as are deemed necessary. The Contractor may have another inspector fill in for him/her from time to time or in the case of sickness or when on vacation. 10. TERMINATION. 10.1 With or Without Cause. This Contract may be terminated with or without cause, by either party upon thirty (30) days written notice. 10.2 Notice ofTerm.ination. Notice ofTermiriation shall be made by certified mail or personal deliver to the authorized agent of the party. Notice of Termination is deemed effective upon delivery to the address of the party as stated in paragraph 12. 11. CONTRACT RIGHTS/REMEDIES. 11.1 Rhzhts Cumulative. All remedies available to either party under the terms of this Contract or by law are cumulative and may be exercised concurrently or separately, and the exercise of anyone remedy shall not be deemed an election of such remedy to the exclusion of other remedies. 11.2 Waiver. Waiver for any default shall not be deemed to be a waiver of any subsequent default. Waiver of Breach of any provision of this Contract shall not be construed to be modification for the terms of this Contract, unless stated to be such in writing and signed by authorized representative of the City and the Contractor. 4 .. 12: AUTHORIZED REPRESENTATIVE. Notification required to be provided pursuant to this Contract shall be provided to the following names person and addresses unless otherwise stated in this Contract, or in a modification of this Contract. Contractor: Dave Kichler Dave Kichler Inspections, Inc. 7140 - 234th Avenue NE Stacy, MN 55079 City: City Administrator City of Centerville 1880 Main Street Centerville, MN 55038 13. MODIFICATIONS. Any alterations, variations, modifications, or waivers of the provisions of this Contract shall only be valid when they have been reduced to writing, and signed by authorized representatives of the City and the Contract. 14. SEVERABILITY. The provisions of this Contract shall be deemed severable. If any part of this Contract is rendered void, invalid, or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of the Contract unless the part or parts which are void, invalid or otherwise unenforceable shall substantially impair the value of the entire Contract with respect to either party. 15. MERGER. This Contract is the entire and final agreement between the parties and cannot be changed or altered without written consent of both parties. 16. AUDIT OF RECORDS. The books, records, documents arid accounting procedures and practices of the Contractor relevant to the Contract are subject to examination by the City's auditor. The PARTIES hereto executed this contract as of the year and date below. City of Dated: By: Contractor: Dated: By: 5 ::i!.... ~i ''It i ~ i 6 " ~ ~ N Q ~ L ~ ~ 0 ~. ~ . S .s>Q ....l , ~ (V) ~ M N . 9tJ J). C ~ ;::r ~ . ~ - ?O r< -:r ~ (0 r- eo D ..i..- T u"\. - j~ 81 I .... .... i ~ I .... ~ i ~ .~ .... .... ~ iij - ~ .... w ~ ~ t: ~ .... ,.. .... j::: .... .... .... .... .... II en g i g i g i i g i ('oj tQ ~ ! ~ i ~ = .... u.l .... - w e -J - -J C ~ 0 ~j ;e 8 8 8 i 8 8 i ;e U tti cD lQ <<5 ~ cD ~ cD ....: t!:! I ~ .... Z ca w .3 u I u.. 0 0 ~J 8 8 ~ 8 8 8 8 8 8 ~ D. ~ ~ ~ ~ ~ <<5 ~ ~ .... .... - E u w c- \r V- a \,.. - .. r:- c::$' T . - ~t'" f<' ~ '" - ~ ~ . ,..- ~ . ,J ~ ~ ~ r:- oo c: - - II -- ,_.-. i~ ~ 8 i 8 i ~ a ! 8 ~ ..: ,'s' <<5 ~ d .... ~ .... .... .... .... 0 -' I I I ~ ; ICl .c ~ f ... 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[) ~. · -- "" (l) -= .0 ~ d V} Q c:s +. :) .;;= . tJ .,,~. '" . ~ . --. ~ ~~~S: ~~ ~ 'd . ~ -::t"' ~. '::/'" .15 '-.) " ~ "3 ~ . ':t". - - - \- Q ~1v1 _ . tr\:: = ~.:t'"i' E-f: .~ '..e.-=:.:t. :; IE. '~. v;' g. ~ . ~o . 8 ; YJ~ . v. e. ~.= \..J U :Jlu ..~ -c 'Vi ~ -+ \,,) -;; · .. ... ..... .. .. ..... II \J ..~_.~--_. -. ------:-- -. -~-_._..._-- y ~ I i ~. .~ ...... ,.a ''0' I. e . I I II - .~c .. o ... '0, 5~~ -.... lie... --- .~. Q .z. '\Ii . - .Q.. '~' :~: ,w , ~9f, " , ' ~ ~~~ It ~ l " ~ 'r~r 4J' , ,'It. . t::- ~ . " -./'l~ l ' ,8 tr' '~'! ~l ~ , Q.. , ,', ~ -IT 1: ~~ ~ wJ ;z. 1;8 ll-J g . '. ~ ~ ~,~ B~'~ ' a . ,I -- ~ ~ F Fa'~. :3 *",~ ,*- ,* ' " {l ~, ~,~ if]" Z , B -w-~ '~,~ ~ i2- ~ ~ g ,~~ , Vi2" 'VI i = ! ~' , '~1iZ '-'J ~ : " , ill 'lIl~ QL. ~ . 3, , '7 ~'~~ ~.''.) '~b! .-J. ~.* . *,.*- . ___ ----- _._. ------1 I I i I i i <;,. '41~ . ~~ 'ftr ..", ~/., .~. "41. . Forward This project was first discussed during the Minnesota Design Team visit in 1998. At that time the EDC investigated the potential of forming an historic district in the downtown as way to improve current buildings, retain current businesses and bring the area back to it's original status. When the EDC initially investigated the nomination process with the State Historic Preservation Office they felt it a task they would not be able to be accomplish by the committee alone and the matter did not proceed forward. With the progression of the Anoka County Road 14 project many members of the previous council felt the historic district was worth investigating again. This time we looked for further information and assistance from Anoka County Historical Society. Anoka County Historical Society is there to serve as a support and provide education and guidance, but the actual nomination should and needs to come from the community. With the support of the council to further investigate the opinions of the residents and business owner within the proposed district an initial mailing was sent inviting them to a meeting that was held on December 11, 2002 for public opinions. Based on the results of that meeting a second mailing and survey card was sent out requesting property owners to state if they where in favor of forming a district or opposed. You will find included in the report letters sent to residents, results of the surveys, options, and information on assistance and support. Mary Capra ~ Process Attached below is the response post card that was sent to residents within the proposed district. On the following pages you will find the first and second letters mailed to the residents within the proposed district as well as the results of the survey post cards. Historic District Proposal The city of Centerville would like you to indicate whether you are in favor of the City gathering information and applying with the National Park Service to declare a Historic District in downtown Centerville. The exact district size and composition will not be known until all of the response cards have been returned. This card needs to be returned to City Hall on or before February 25, 2003. Property Owner: Address: Historic District YesD NoD , . ,. , i ~..;_.~,~ .;'':~ &~~ #~}.~. /.0/)J. tllMtL t{ ~ .. ~ /?#'n7~JI. . .: (!vc--~ 7" 1-'JI,v<!.i ~ '1.7 ~1\J. ~ A/J)~Ai1 lIP f7~&/Ut,,- ~77?t;.,~r ;:1 p~l s+e+f~' (,oq 1^~.lV\ <it" ;iJ,ctb~ ~a~~k l' , l ,[i~~t~\~ro'1 ~;~gz;t~st.. :i;1)~ * cjv.!il., l)y\v"-V \",qu ~t~ .0\'t.Ae... :t~~~~~ /t'fiA~~ 'iiW~~ 74~2.~~~' '~~~Z- .~~~~ ~;:~~ ~ q~~ J3/dZK Pt)7&'.-~HJ~/?/Ife, IZI i!i~~ 71t16-~ If\- :.'il'~Me-. /UJ ~(j~Q --4-Y~ 9S~' 17~1 /J14tN.9t , ijl~~ IS-Sf /~~~ ;lv~'~AA-D.i~ k:r--. 6~o ~tJ..Lt:-~~ !I ..."..,7--v................c:-, ;1 I, 11 ,: q " I! d .1 i; n .\ .. :Or I' ii ./: H it q I. fI n l1 :, q I I ! i _. f ; . i , '. . :; . .. :\0/.- i . \ . ~~~ i.. ,'# #' eroilfe ~1B57 1880 fMainStreet . CentlmJi[(e~!M!J(. 55038 (651) 429.3232 . :Fair. (651) 429~8629 December 3, 2002 Current Owner 1687 Main Street Centerville, MN 55038 RE: Downtown.Historic District Dear Cm:rent Owner: At Co~ci1's November 13, 2002 meeting, a motion was made to. pro~eed With .the gathering of information and' opinions on the potential of formi:ng a Dpwntow:q '~ric District. You are receiving this letter bec~e your home or business falls within the potential boundaries of this district. Currently, the City is looking at the properties on Main Stree~ west of St. ~evieve's Cemetery to the bend in the road at Main Street and Goiffon Road, as well as, one (1) block to the north and south of this line. . We will be holding an -informational meeting on Wednesaay evening, December 11, ~002 at 6:30 p.m. in the Centerville Council Chambers, to disclJ$; the pros and cons .of the proposed Downtown Historic District. The guest speaker will be Ms. BOmlle McDonald . of the Anoka County Historical Society, who will explain tIie process of establi.sbing the ~str.i:ct ~d answer .any questions. : If you know the history of your home or business, it would be very helpful if you wo~d :fill out the attached information sheet and bring it and any historical photos of your property to this ~eeting. We are hoping to scan these photos at ~e meeting and us~ them as dOc?ID-entation dming th~ application process. If you c~ot attend but would like more information, or if you have ~y questi.Ol1$ or concerns, please contact the CentervilleCity Administrator, Ms. KUn Moore-Sykes at (651) 429-3232 or Council Member Mary Capra at 651-653-173~. -' Sincerely, l";~/r' I " -(~ ~ . Mary . apra Cf . Council Member. City Historian Enclosure: 1 /. ervilfe ~M57 1880 Main Street . CenterrJi{{e, M9(. 55038 (651) 429-3232 .:FQ:lC (651) 429-~629 . February 3, 2003 . ~~\~ If Mr. Paul Burke 1683 LakeIand Circle Centerville,:MN 5S038.. RE: DoW:O.town ffistorlc District Dear Mr. Burke: On.December 11, 2002 residents and business owners met to discuss the idea of d~1a.ring a Historic District in the downtown ar~ of Centerville. The consensus 'of the group was to give all affected property owners an opportunity to register their opinion individually about whether to continue the Historic District application process with the National Park Service. It was . determined that the best way for property owners to indicate their preferences was to have them complete a "YeslNo" postcard on the creation of the district and to return it to the City. You are receiving the enclosed postcard because you ~e a proPertr owner in the proposed Historic District. Sin~ the City is very interested in hearing :from You, please take the time to complete and r~ the prepaid postcard. Once. the.City has received the postcards, the results will be tallied. If SOOIO of the postcards returned are in favor of the district the City will ~~e the right to move forward with the appliCation proCess.. .' . Thank you in advance for your participation in this opinion-gathering process. Sincerely, 1'J1~~~. Mary Capra . Council Member City Historiatr \" Please Dote: If you would like. further information about historic districts and the process for creating one, . please contact City .Administrator, Ms. Kim Moore-Sykes, or City Clerk; Ms. Teresa Bender at City Ha:ll (651) 429-3232, or Council Member, Ms. Mary : Capra at (651) 653-1732. Enc. RESULTS OF HISTORIC SURVEY ( i 1 7082 CentBrvIIIe Road ~ Response 2 7084 CentervIIIe Road 3 7085 CentervlIIe Road PropertIes owned by same 1ndIvIduaI- No Response 4 701fT CentBrvIIIe Road PropertIes owned by same 1ndIvIduaI- No Response 5 7095 CentBrvIIIe Road PropertIe& owned by same individual Yes 6 7rS1 Cent8rvIIIe Road PropertIes owned by same individual 7 7098 CenlervIIIe Road 8 7121 c8ntmvme Road No Response 9 7124 CentervIIIe Road 10 701fT GoIIfon Road No RespOllse 11 161fT Main SIr8et County OWned - No Response - Remove from SUrvey 12 1691 Main SIr8et Yes 13 1695 MaIn SIr8et No Response 14 1705 MaIn Street Returned by Post OffIce - No SUch Number 15 1709 MaIn SIr8et 16 1724 MaIn SIr8et Returned by Post OffIce -? 17 1737 MaIn S1Jwt No Response 16 1738 Main SIr8et Returned by Post OffIce - No SUch Number 19 1742 MaIn SIr8et Yes 20 1744 MaIn SIr8et Yes 21 1745 MaIn SIr8et Yes 22 1751 MaIn SIr8et No Response 23 1759 MaIn Street No Response - House Demoed & New Owner 24 1764 Main Street 25 1781 MaIn SIr8et Yes 26 1798 Main Street Yes Z1 7105 MaIn Street 28 7111 Main SIr8et No Response 29 7113 MaIn SIr8et Returned by Post OffIce - No SUch Number 30 7121 Main SIr8et Returned by Post OffIce - No SUch Number 31 7124 Main SIr8et No Response 32 7129 MaIn Street County OWned - No Response - Remove from SUrv8y 33 7082 PIqp'8S& Road Yes 34 7085~8S& Road 35 701Sl PrognIss Road No Response 36 7086 Progress Road Returned by Post OffIce - No SUch Number 37 7096 Progress Road Returned by Post OffIce - ? 36 7124 Progress Road No Response 39 1683 Sorel Street Returned by Post OffIce - No SUch Number 40 161fT Sorel SIr8et 41 1695 Sorel Street No Response 42 161fT WesI:vIew SInlet Yes 42 Surveys W8I'8 mailed 6 Retumed by Post Office - No SuCh Number 2 Returned by Post Office -? 2 Owned by 1he County 13 No RespOIl88S 8No 9 Yes 42 12 301 15.3/ :;: 51% I' No No No No No No No No 16_ 'F 1/ II ~ ~~ ~~ ~ 0> :J: ai< , ~ P.I RO~ - 3t1J3N30 :.L S ~ ~ ~"',.# ~ ""-' I--~'" - .1Il1- i--oI - ......... ~ . a:I .... II'J ...... 'I! III B2LL ..' ~~ " ~~ Ie R .... ID .. ~ I" ~ II-. - at ~ i ~ ~ ofo.:I.L ~I. ~F.II'l.t B Pi avO~I. j __ t: g ~ i ~ iJaL.... ot lI!IDL ~ ~ e ~~~~--RI~ ~.mp~~D lLJ =:B I.tE. ~ It! , '1'. ~" IftImI IilIII! ''''' ;. .~~~1lEm .. rn-I'!~ ~:Irf: _ ~ ~'.~ ~1--!l!I0::1 I ~ ... c::) ~ :. ,.. :! ~ .... J~ e ... ~ ID [J~ ~ G' ~ :t "" - ") -... 'Ilt' - - '" 1 --- -~-- .-~.. ~ <: 1D9I3 1 ~ "....,-' I-; ~ rll'~" ~..~ '-..... , __a ......_ I ~ . tEjJ ..... PI .... ... ~ ~ I' - Ifrk- cvo~ . 1110 ...III'tW_ I -""" .. .... ~ dI 5! :: ~ ~ IIIIlDl SS3~!JOI:IcI & ~' - ~ GI lI.'IlI - GI 00 - :;"~.1 ~ :II N - at !I.. ...... 1.II-,..5! ~ - .... .... - 13.S NNN I 6J: "L ~IL ~ n .- ID 4a -. _.... " ....... 8t DI NO.:J.:IJOf) tl Ut Mil 9IIOt []\fO~ LtDL l.fto"'fI1W_ aK2.....Iq...- C'~ ~ .......:: :::.~ .... iD - .. CI - --.. ...... - COlI - - ............. ............ .... III CI - ..., ... "'1lIlI - - ; r'\..'" ...... ...., ~.!T~ ..~~... 1 -.. .. .... "!!ooo... ~ -- .! Options The district alone has two different types options that somewhat over arch themselves. The nomination can happen in a few different ways as listed below. City Nomination - This would be the City Council voting to support the writing of and forwarding of the nomination to the State Historic Preservation Office. If the City voted to support the district they could choose to have an outside firm prepare the nomination (this could be placed out for bids) or have the nomination be a grass roots nomination prepared by volunteers with city support being more administrative type costs of photo copies, film development, etc. Individual Nomination - This would be either by individual property owners or the property owners as a group or any person or group wanting to nominSlte the area. 1 \ Assistance Assistance to proceed has been offered by the following individuals outside of the residents living within the proposed district. Centerville Residents: Susan Seeley - Resident serving as a Park and Recreations Committee Member Terry Johnson - Resident Ms. Johnson works in writing and editing. She assisted in the writing of the letters sent to residents regarding the proposed district. Other Support: Anoka County Historieal Society - Ms. Bonnie McDonald of Anoka County Historical Society is there to serve as a support and provide education and guidance for the process. John Callan - John is a Lino Lakes resident who sent the following email to Ms. McDonald I read the Pioneer Press article this weekend on the historic buildings in Centerville and the widening of the state highway. My interest is both as a resident of Lino Lakes and as a professional preservation architect. If I may be of assistance, either professionally, or as a volunteer, please let me know. State Historic Preservation Office - This office would also be able to assist in a similar fashion as the Anoka County Historical Society as a support and they would be able to provide guidance for the process. -7 ~\.. ," I i II 'I'. Additional Information Please find enclosed additional information that has been gathered either recently or over the years regarding the historic preservation of the City of Centerville. \;t ":'. .' The Revised Section 106 Proc.ess: . FlowChart . Initiate Section .106 Process .No Establish undertaking undertaking Public .... Identify appropriate SHPO/THPO --.. or No .Involvement ~ to involve the public potential to Identify other consulting parties cause effects + UNDERTAKING MIGHT AFFECT HISTORIC '" PROPERTIES + IdentifY Historic Properties No Historic ;, Public Properties 1, ... Determine scope of efforts ~ .Involvement Identify historic properties affected evaluate historic significance + HISTORIC PROPERTIES ARE AFFECTED + Assess Adverse Effects No Historic Public Properties .... -+ .Involvement Apply criteria of adverse effect adversely .+ affected HISTORIC PROPERTIES ARE ADVERSELY AFFECTED + I ." Resolve Adverse "Effects -- Public Memorandum ...... --. .Involvement Continue consultation of Agreement . .. FAILURE TO -+ Council ", Comment' AGREE' OHIO HISTORIC PRESERVATION OFFICE 567 East Hudson Street. Columbus, OH 43211-1030 (614) 297-24701 FAX1614) 297-2496 CHECKLIST FOR SECTION 106 REVIEW MAP Show the exact location of project area(s) . Use a city plat map or U.S. Geological Survey (U$GS) map. PHOTOGRAPHS . Show the front, rear, and both sides of eac~ property Photographs must be well-focused and properly exposed 3 x 5 in. Color prints are prefeue9. Phbtocopies are NOT acceptable! :. Provide Streetsc~pe photographs to show neighboring properties' Provide Interior phbtograp~s to show significant interior spaces Provide phatogr~phs of project are~ to address archaeological concerns DA TE OF CONSTRUCTION OF EACH PROPERTY When were any buildings in the project area constructed? BRIEF HISTORY OF PROPF;RTY AND ITS SURROUNDINGS Information about the history will be used to help provide a context for dete~ining eligibility for listing on the National Register of Historic Places An Ohio Historic Inventory (OHI) form 9an be used to document the property and its surroundings PROJECT O.ESOBllil"lON Fully describe all proposed work. Remember to include information for a 'cold' reviewer. ' .... ..:,:,.;:::.". ,. ~ _. ;'::',;""', ..;. .r....... I The Senefitsofan Historic DiStr'icunCenterviflet . PRESERVING YOUR COMMUNITY'S HISTORY . Creating a historic district will help to preserve Centerville's,unique history ~ character. Centerville is unique because of its history and that history is important to current and future residents. Many of Centerville's important families have stayed in Centerville and keep its French and French-Canadian heritage alive. In addition, the'town's buildings represent your history. Centerville has a nice grouping of these buildings in the central business district and many are good representations of a particular architectural period. ECONOMIC ASSISTANCE tt Owners of buildings in the . National Register are eligible for tax incentiv8$. Owners of income-producing buildings that are listed in the National Register of Historic Places are eligible for a 20% federal rehabilitation income tax credit. To qualify for the credit, the property owner must complete the work according to the Secretary of the Interior's. Standards for RehabUitation and work with Minnesota's State Historic Preservation Office (SHPO) who will certify that the work was done within the guidelines. ECONOMIC DEVELOPMENT . Historic d"lStricts generate revenue. In a 1996 study, economist Donovan Rypkema estimated that for every $1 spent on historic rehabilitation. $2.20 is Put back into the local economv. . Preserving historic buildings draws vi~itors and potential residents. local eating and drinking establishments, retailers, lending institutions, and realtors will receive more monetary benefit from historic rehabilitation than the same amount spent on new construction. . Historic buildings enable small cities to compete with suburbs. Neighboring suburbs can duplicate a small city's industrial park, existing infrastructure, low tax rate, or expedient permitting process, 'but they cannot duplicate your historic resources. Historic buildings make small cities unique and preservino that community character is a vital competitive edoe. I, . Even a modest improvement to an histoa;c building has a poSitive economic Impact. A survey completed 'by the New Mexico Economic Development Department indicated that 96% of property owners that completed a storefront renovation received positive customer comments. A,similar survey of owners in four different states indicated that annual aross sales increased bv an averaae of 272% in the year after historic phvsical improvements Were made. ..' ,,' I:nfonnation provided by the Anoka County Historical S<x:iety from DonoV;m Rypkema's The EconQmics of ~ Historic Preservation, Brenda Spencer's "An Analysis of the Economic Impact ofPhysicalliIIproVements on :Retail. Sales," ami "Benefits of Tax Ci'edit for ~c PreseIvation Far Outweigh the Costs," by the PreseJ. vation .Alliance ofMinneso1a For more informa1ion, please can Bonnie McDonald at (763) 421-0600. Dee. 10, ~OO2. .__.....__....___...__......-_.;OMO......~..._. .'_. .. _ . _.. ....... "'_.' ..... . _ .' _" ..... . .... ..._. _. .... . . .--..,..-......_-~_.- ... . BUSINESS STABILIZATION AND JOB GROWTH . HiStoric areas attract and retain small businesses. Small businesses account for more than 85% of all the new jobs created. They have the fastest growth rate. especially those that Emlploy 20 or fewer people. Historic buildinas are an ideal location for small businesses because they orovide the minimal averaae soace reauired and low occuoancv costs. · f:>>resen,ing historic build.ngs creates jobs. . For every $1 million spent on a rehabilitation project. 33.5 jobs are created. Historic rehabil~on c;:reates 5 to 9 more construction jobs and 4.7 additional jobs elsewhere in the 'community than a new construction project. fISCAL RESPONSIBILITY · Reusing and rehabilitating historic buildings is fiscally responsible. It is fiscally conservative to reuse and recycle existing infrastructure. incluclng buildings. The costs to raze and replace an historic building are usually greater than the cost to rehabilitate. In addition. the transportation and disposal costs for razed building materials are rapidly rising. Municipalities can work with property owners to make rehabilitation efficient and coSt effective through tax incentives and understandable revie~ criteria. ',) . . ~~ 1-:~~;"'~' : '. 1\ ,) .... .....: ~ :.t..i.l_: . ,.. ::.'. ?i~" ;. . Tnfonrulfion provided by the Anoka County Historical Soci~ from Donovan Rypkema's The Economics of Histo1iC Preservation, ~ Spencer's "An.Analysis of1:he Economic.Jmpaqt ofPh.ysical ~ on Retail S'ales," and."Benefits of Tax Credit for Historic Preservation Far Outweigh the Costs, " by the Preservation' - Alliance ofl\AinnP.SOta; For:Q1Ore information, piease can Bonnie McDonald at (763) 421..()600; pee. 10.-2002. '. :. .. '; ..' ~ , . . " ~ Information About the Creation of a . National Register Historic District WHAT IS THE NATIO~ REGISTER OF HISTORIC PLACES? "The National Register of Historic Places is the Nation's official list of cultural . resources worthy of preservation. Authorized under the National Historic Preservation Act of 1966, the National Register is part of a national program to coordinate and . support public and private efforts to identify, &valuate, and protect our historic and archeological resources. Properties .listed in the Register include districts, sites, buildings, structureS, and objects that are significant in American history, archit~re, archeology, engineering, and culture. The National Register is administered by the Natio~ Park Service, which is part of the U.S. Department of th~ Interior." . (From:- . the N~onal Register of'Historic Places website, located at www.cr.nbs.aov). In Minnesota, the list 'of historic properties significant at the statewide level is administered by the Minnesota State Historic Preservation Office (SHPO). Should the citizens of Centerville choose to pursue an historic district nomination, the nomination forms would be reviewed by the MN SHPO and forwarded to the State Review B9ard with comment. The website of the MN SHPO is www.mnhs.oraloreservelshoolindex.htmlSl)d their phone number is (651)296-5434. .; ;t'. :.The MN SHPO has also created a website referencing Minne$ota's National Register properties at htto:/InrhlO.mnhs.oral . REGULATION OF PROPERTIES WITHIN A HISTORIC DISTRICT It is a commonly held misconception that once a property is listed in the National Register of Historic Places that the owner.may not make any changes. This is not true. In fact, there are no regulations of iDdividual property owners'mentioned in the legislation that created the National Register of Historic'Places. You. the property owner. are altowed to make any chances you wish to your historic property when it is in the National Register of Historic Places. However, making alterations that are sensitive to the building's historic ch~acter preserves the integrity of the histQric district. If you own an income producing property, it is also to your financial benefit to make historically-appropriate changes because a 20% federal rehabilitation income tax credit is' available. . :~ The only regulation associat~ with National Register properties is when rehabilitation projects involve federal funds. When federal funds are used, the SHPO has to establish the effect of the project 'on the historic resource and address any adverse eff.ects to the property. ,:.;L ..:.:....'.:.CRITERIA fOR USTING PRO~ERTIES ON lJiE NA nOHAL REGISTER In order for a property or district to be placed in the National Regi~ter of Hi$toric Places, it has to have historic significance according to one of the National Register criteria. There are four areas in which an historic building, district, site, structure or object can . have historic significan~: .' A If it is associated with events that have made a significant contribution to the broad pattern~ of our history; or, I.oformatinn prov.ided by the Anoka County Historical Society. . For more lufULalation, please can BoJmie McDonald at (763) 4-21-0600. . . . '.:' pecember lQ~ 2002. . ~ ~ ... .~.. .:. ._~ -, CRITERIA ICONT.) B. If it is associated with the lives of persons significant in our past; or, C. If it embodies the distinctive characteristics of a type, period~ or method of construction, or that represents.the work of a master, or that possesses high artistic value, or that represents a significant . and distinguishable entity whose components may lack individual distinction; or:; D. If it has yielded, or may be likely to yi~d, information important to prehistory or history. Within each Criterion listed above, the building, site, district, structure or object must possess integrity of: >,:. .~.. " .:.: .:.':. ..:.....;~ "..,'. . location . Design . Setting . Materials . Workrrianship . Fe8Iing '. . . Associaticf . .. .' ';:;""~ .~. .~ . .~. . .' .:*0... ;.,.... ,t,. . "'1 ' Not every building included jn the. district will be considered historic. Depending on the boundaries of the historic district, several buildings located within the district may not be historic" This is common. Almost any historic district has two types of buildings classified within: contributing structures and non-contributing structures. A contributing structure is one where the aforementioned criteria can be established. A non-contributing building is one that does not add to the history of the district and was probably included to ease in. the distinguishing of boundaries. . THE PROCESS OF CREATING AN HISTORIC DISTRICT The process to have an historic district designated is 9ne that takes dedication and patience. A great deal of research i~ necessary to complete the National Regist~ Registration Form and you may go through several drafts. In addition, the National Register Historian at the SHPO may review the form and return it with comments, thus extending the project. The process is rigorous to ensure that each nomination is well-documented and that it is worthy of listing in the National Register. The entire process, from research to listing, could take from six months to over a year, depending on the amount. of time your group is able to invest. . '. ".. . ""!\<The fO!!QwiF)g .~t;!n aooroximate.li.stoHhe .~teps necessary in ~ting ,all bist9r:i~.. -' '.' .-~;. -... ~.:. ..:.. diStrict....~': . :..::.;. ;;.;::..,.. :... .:.:~ ::.: '.:1 :. ~.~_.':''''':.Io~;:'~~-._'_.... .;,.: "~ ~h::'';''''''':'''''''' -: ~ ol. .. . ''-:''';';';'.._:: ..~;";:...:*........ .;.. \,' -.~..:.:: t."fo " , 1. Completf:) a preliminary evaluation of the area to be designated as an historic district. . Gather historic photographs, original maps, and surveys, and other documents that indicate the extent of what was in the area originally. l';t~ '.. . . -. ..#., ". ,...~-~. hrformation provided by the Anoka Com1ty mstorical.Society. For more i'J(brnl1ltion, pleaSe caD. Bonnie McDonald at (763) 421-0600. December 10, 2002. . A . . Q " pROCESS (CONT.) . COmplete a wrndsnle1asurvey of the area by1aking color p.hotographs of each building. . Complete a preliminary history of each building using collected documents. . Compare the data regarding the original versus the current look, s~tting, feel, materials, etc. of the building. . 2. Contact the National Register Historian at the MN SHPO regarding your . findings for step 1. Discuss with her whether there is ample evidence to continue the prQCeSS. 3. If you decide to continue the process, complete the National Register Registration Form with the help of the SHPO and the AnokS County Historical Society. . 4. Submit the Form to the MN SHPO for consideration, which may take over 90 days, depending on the Historian's workload. .,' ,:. 5. . Several additional steps are involved after you have reached this point, but .1 will ask you to consult the National Register Historian at the SHPO for her . .. '. . ' preferred course of action. Please call the SHPO at, (651 )296-5434' for . 'more information. ' . '.' '}'" 'J" " ~ .'~ , I.. ;.. .' , , , .~ ~'.. . .". ..... ':;.... ::_;.;.....:...~........:,::.:- " ".. ..: . ,-. , :f:.... -:........:.,. .".:.:......:.......:...;....... .........:... ..':.. 4' ...... ,. : ......';. ......::.........,:.;;........:..::.:...:......:......... _..~~......:.-.:._....::..:;;,.. . ~ Information provided by the Anoka Co1mty BistoJ:iqJl Society. For more lafu.anatiOD, pleaSe can Bepuie Mcl>onald at (763) 421-0600. . . Deoem.ber 10. 2002. . .... .. . ..... '.. " .' -. ._'.4;.' "..._.... ...... ...:..... '. ._. .. M', ".. .~.. . .~ ~_ ...... ;..~...~. .~,).; ,'..i;:.&~:,'"::~~Yil\~i:';i':,:.~~~~::.~:d~;~L._:~. ~;1':':'_:.:.,":..:.~ .~.. '",- ,./..,: .....'..:.' " ". .'..,.....-: ~... J MINNESOTA HISTORICAL SOCIETY -'. 5 April 1999 Ms. Mary Capra 1810 Fox Run Centerville, MN 55038 Dear Ms. Capra, Thank: you for your request regarding heritage preservation and the Certified LoCal Government program. I was pleased to learn that you are interested in exploring the possibilities of a local preservation program for the City of Centerville. One of the best opportunities to advance overall preservation goals is, in my opinion, better treatment of cultural resources in local planning efforts. The development of a local heritage preservation commission and preservation ordinance is an important first step in the process. For best results, there needS to be coordination between state and federal programs and local efforts. One way to encourage this coordination is through participation in the Certified Local Government (CLG) program. In order to qwilify for this program, the city must pass a preservation ordinance and create a heritage preservation commission. The enclosed document "Procedures for Applying For and MainQiining Certified Local Government Status" has more information. The attached copies of ordinances for the City of Excelsior and the City of Duluth are examples of local 'ordinances that meet the CLG requirements. Also enclosed is a list of Heritage Preservation Commissions in the state, and pages 13-14 from our 1998 Annual Report which includes a summary ofIast year's awards as well as a short narrative about local programs. Forming such a commission and becoming a CLG would have the additional benefit of qualifying the city to apply for matching funds for preservation survey and plannine work. In recent years, this program has enabled several of the state's local preservation programs to advance their efforts significantly. Please see the brochure "Preserving Your Comm1mity's Heritage" for further information. Please do not hesitate to call me at (651) 296-5451 if you have any questions or need additional information. Sincerely, ~~lJ~ Michael K~'(J Historic Preservation Program Specialist State Historic Preservation Office enclosures \" 3....'1 KJ-:1.1.0(;(; BOt:l.":VAHD W":ST I SAI:'JT P.\lll... I\II:'JNESOT.\ 5511l2-1l}(l6/ T..:I.EPIIONE: (151-2<)6-4112(1 The SecretarY of the Interior's Standards for Rehabilitation Rehabilitation is defined as the process of returning a property to a state of utility, through repair . or alteration, which makes possible an efficient contemporary use while preserving those portions and features of the property which are significant to its historic, architectural, and cultural values. . . 1. A property shall be used for its historic purpose. or be placed in a new uSe that requires min~ "cIiangeto the defining characteristics of the building and its site and environment. . . 2. The historic character of a property shall be retained and preserved. The removal of historic materials or alte~on of features and spaces that.characterize a property shall be avoided. . 3. Each property shall be recognized as a physical record of its time, place, and use. Changes . that create a. false sense of historical development, such as adding conjectural. features or . architectural elements from other buildings, 'shall not be undertaken. 4. Most properties change over time; those changes that have acquired histOric significance in their own right ~ bC, retained and preserved. ~~ S. Distinctive features, finiShes, an9'.\cOnstl'uction techniques or examples of crafl:smanship that characterize a property shaJl be ~erved. 6. Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive f~ the new feature shall match the old in design, color, texture, and other visual qualities, and, where possible, materials. Replac~ment of missing features shall be suDstantiated by documentary, physical, or pictorial evidence. · . ~.: :'~~.: , 7. Chemical or physical treatments, such as sandblasting, that cause damage to historic materials . shall not be used. The surface cleaning of structures, if approprla.te, shall be undertaken using the gentlest means possible . . 8. Significant ~eological resources affected by a prpject shall be protected and preserved. -If such resources must be disturbed, mitigation measures shall be undertaken. ~. ".', ...~.i' '. " .' .~~...' . 9. New additions, exterior alterations, or related new construction shall not destroy historic materia1s that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the integrity of the property and its environment. 10. New additions and adjacent or related new construction shall be undertaken in a such a "mannei'that if.removed:in the futur~, the ess.C!J.tial fQlm ~d.inte~:;Of thct .~oric propert)q~nd its environment would be unim~ . , . . t . ":"~'~"~m" ::a",'i(;"~;'h~'>'I:'j X(/'f"]'~'I; ~"': N' :~1:': u~'~ "; ,~:::e~,: ,;.','~' :;,~[~~'- :",' ,,' _ "!0\: ,,' ",', ,~,' ~_ ';1, "", ,_J l~, ""J (" ~,,_, , ,~'~:,~\~~g i~'v':._,;' <~ ';:;-,~,~'<;"".'~j",f>_<,~",,:;:"; ,,";,);, ~."';;: '~/~ . .. o r m ,,0 t ton -I n One in a series of Historic Preservation Information Booklets A Guide to Tax-Advantaged' Rehabilitation by Jayne R Boyle, Stuart Ginsberg and Sall1 G. Oltlltam reoisedby DOftO'Qaft D. Rypkema Rtween 1981 and 1986 more private money was Plvested in the rehabilitation of h~storic buildings than had been spent for the same purpose during all of the rest of American history combined. This investment was stimulated by federal tax inqentives f11'St adopted in 1976.and ex.panded in 1978 and 1981. Those incentives saved thousands of important historic buildings. What has been realized retrospectively, however, is that the federal historic rehabilita- tion tax credit program was one of the most potent urban revitalization .tools ever created and certainly the mos,t cost eff~ve. '.' :...:."~:r;.~., When A Guide to Tax-AtJo(lnttzged ReholJilittztioft was first written, Con- gress had just passed the Tax. Reform Act of 1986. That act eliminated most e The Rookery, (I 19th- C81Jtury office bttilding, reopened in 1992 follO'lllJing (I three-year restoration. TIte bttilding is located in the C81Jter of Chicago ~ fiMwl district. l'.". of the incentives that had been added to the tax code over the years. Reha- , bilitation credits were retained, however, because Congress recognized their important impact on communi- ties of all sizes. Substantial changes were made to the earlier ince~tive program, however, including reducing the amount of the credit, precluding . highwincome taxpayers from' ~g the credit, and adding a "passive loss" , provision that severely limited the amount of the credit available to a taxpayer in any given year. ....~ .." ...~-- Optimists, including the U.S. Treasury Department, thought the effect of those changes would be minimal- .. - '. TI:~;~ated an 18 percent drop in rehabilitation ~ctivi~ ~reservation- ists predicted the amount pf invest- ment could fall by as much as half. Unfortunately for both historic build:" . ings and the urban revitalization that their rehabilitation spurred, even that proj~Il'was't06 .t(~sy. In the eight years smce tax reform was adopted, . certified rehabilitation projects have fallen 82 percent and investment in those projeCts is off 80 percent. Recently, however, there have been indications of reriewed interest in the rehabilitation of historic buildings using the tax credits. This interest sparked the reissuing of A Guitk to . " Tax-AtJoontogeti RBhtz!Ji!itQtion as an lnjormotion booklet. The changes in this update are nominal and deal primarily with amendments to the tax law since 1986. What Is the &ItoIJilitotiOft Tax Credit.P ~~d~r.~~ _~)a.:w 9ff~1l !. u~que incentive to taxpaye~ who contrib- ute to the preservation of this nation's old and historid buildings. By rehabilitating directly or investing in the rehabilitation of eligible buildings, taxpayers can take advan-' ~ 1l two-tier tax credit. The federal income tax credit is. equal to 20 perCent of the cost of rehabilitat- ing historic buildings or 10 percent of the cost of rehabilitating nonhistoric buildings constructed before 1936. These credits provide a'dollar-for- dollar reduction of income tax owed. While the 20 percent credit is available for rental residential buildings, neither credit is available for homes or apart- ments occupied by their owners. "'7.::1:1:1 ~ , In the case of historic buildings, the goal of me rehabilitation credit is not to preserve a building as a museum, but m.p-gJ .it .bac~ ~C? use. ~ ~~et _ current housing, retail, commercial, and ;ndustrial needs. These needs, however, must be met through con- struction that is appropriate to a buildjng's historic character. . . .. ..,;..-".~ 'e From1982 through .1993, the historic rehabilitation credit stimulated an estimated. investment of $14.8 billion in nearly 20,500 historic buildings. While large-scale projeCts are often the most visible, in fact the rehabilitation credits have most often been used on smaller projeCts. Since the inception of the first rehabilitation credits, more than'70 percent of historic projects incurred expenditures of less than $500,000, and nearly a third have been projects bfless than $100,000. .~ Rehabilitation investment gives old and historic buildings a place in the contemporary real estate market, The goal of this revi~ed publication thereby guaranteeing their continued is to remjnd preservationists and 1.1se and oontribunon.to an area's irivestors that, while diminished from ecortomic vitality. In some cases earlier years, the federal historic rehabilitation involves relatively small rehabilitatlontax credit remains a expenditures to renew a building's v~uable tool for saving historic structural or m~hanical systexns. In The National Park Service, which buildings aild revitalizing towns an<,l odlers, rehabilitation may involve a . administers ~e ~ credit certification . ....ci~~s .~~ut;~er~ca..: .,,~r ~ \.~~~~ ~eoo,ft~tr!J9rlon ~fa.~l;1~~~n~~ : J';fogratn,~aj' obser:ve~ ~t hou~ng.h~ . : :', . . ~. -. : . , ". ,~. . . . .' : . . . ~. mtenor spaces; .' been t4e smgle most Important use for . - rehabilitated historic buildings. More than 125,000 housing units have been '11 . This range in size and type of projects, . and the similar diversity of nonhistoric rehabilitations, such as the renovaoon of comer stores, brownStones, restau- ~ts and schools, demonstrates the breadth of opportunity that still exists for participation in this program. 10 qnolifJ for the historic relta/Jilitotion lox credits, reItoIJilitotion work must comply flDitlt the &cretory of the lnterior's Standards for Rehabilitation. Here the Roche Biometfeco! Laborotories undertokes the corefttl restorotion of the focode of the 1929 Atlontic Bonk ond TntSI Compony /miMing in Burlington, North Coro/ino. The compony Itos locoted its corporote office complex in Burlington's D()fI))ftt()fl!}fl Notionol lWgister Historic District. e " " M07m4 111&., in C01JjuflCtitm flJitlJBelton- McGhee Associates, restoretl tIJe 1919 'WIJiteltJfJJ Hotel in War!JilIgton, D.C., J!!'igi1l4~1mJJt-ktmtJ !Jy Africon~, ' AmerictnJs, to provitk lJousittgfor low.. income I_Jiis. - ," J'~-'\ f' rehabilitated since the program began and nearly 63,000. units newly created. A substantial numbeJ' of these u~ts have been for us~ by low- and moder- ate-income households. -- What BuiltJi1t&r Qualify? The rehabilitation credit is available , for historic and nonhistoric buildings, but only if they are used in a trade or business or held for the production of income. Buildings eligible for the 20 percent rehabilitation credit include those used for rental residential as well as nonresidential purposes, while build- ings e~igible for the 10 'percent rehabili- tation credit must be nonresidential, commercial, or industrial buildings. CertUied Historic Structures To'qualify for the 20 perce~t rehabili- tation credit, a building must be a "certified historic strUcture." A cerci- ' fied historic strUcture is one that is: ~ j .j A registered historic district is any district that is: III listed in the National Register of Historic Places; or IB designated under a state or local statute certified by the Secretary of the Interior as containing criteria that will substantially achieve the purpose of preserving and rehabili.,. tating buildings of significance to the district 'a11d that is certified as substantially meeting lIll of the requirements for the listing of districts in the National Register. The National Register of Historic Places is' maintained by the U.S. Dep- artment of the Interior. It includes individual buildings and sites as well as historic districts. It is estimated that the National Register contains some 63,000 listings which encompass in excess of 700,000 buildings. Proper- ties qualifying for National Register . listing must meet one or more of four broad criteria (see box, page 9). IliI listed individually in: theNationat.::..,..\'t;"To nominate an ipdividual propertylYr Register of Historic Places; or historic district for listing, a nomina- tion form is submitted for review to the state historic preservation offic~r (SHPO) appointed by the governor of each state. After review and approval ~t the state level, the nomination is e II located in a "registered historic district" and certified by the Secre- tary of the Interior as being of historical significance to the district. forwarded to the National Park Service in the D~partment of the Interior for review and listing. ' A building,with~ a fisted historic district is accorded certified historic . structure designation through the submission of "Part 1" of the Historic Preservation Certification Application. This form is available from SHPOs and the National Park Service. After review by the SHPO the application is forwarded to the Nation$! Park Service for final approval. If a pr~perty is indiyidually listed in the National Register, it is already a certified historic structUre and it is nQt ~ necessary to complete Part 1 of the Historic Preservation Certification Application. If the certification request is fot a building not yet listed in the National Register or for a building in a potential historic district, the Part 1 form will, be reviewed to make a preliminary determination as to whether the building may qualify for cCrtified . ,",,:tF ,- historic status when and if the property is listed in the National Register. Such determinations are not binding anq. become final as of the date of listing in the National Register. II CoftStr1U:teti in J 892, the Gillmore H olel in DeotiuPood, North Daleota, WItS restored in 1992 to provide Jo.income IfotlSing units. The SHPO's recommendation for approval or denial of certified historic - structure status is given significant weight; however, the National Park Service makes the fmal. determination and notifies the owner of the decision. Old Nonhistoric Btdldings A 10 percent rehabilitation credit is ay.ailable for nonresidential, nonhistbric buildings briilt before 1936. No certification:is required for these buildin~s. The 1.0 percent rehabilitation credit is not available for certified historic structures. A building located within ~ re~istered historic district is not _ eligible for the 10 percent credit unless it is certified by the Depart- ment of the Interior as not contribut- ing to the historical significance of the district. A request for certifica- tion of non-significance also is made through Part 1 of the Historic Preser- vation Certification Application. Review of such a request follows the general procedures oudined above. II " Whot R.eltolJilitotions Qualify? To receive a rehabilitation credit, a taxpayer must substantially rehabilitate a qualifying historic or old building. Substantial Rehabilitations A substantial rehabilitation means a taxpayer's expenditures must exceed the greater of the "adjusted basis" of the building, or $5,000, during any 24- . month period (or 6O-month period in the case of "phased rehabilitations," defined below) selected by the taxpayer. The period must end with or within the taxable year in which the credit is claimed. The adjusted basis in a building is its purchase price plus the amount of any previous capital improvements. This sum is reduced by depreciation deductions already taken. The basis does not include that part of the cost of the property allocable to the land value. . Thus, for example, if a taxpayer's basis in a building is $100,000, the taxpayer generally would have to incur more than $100,000 of rehabilitation expen- ditures during a 24-month period to have a substantially rehabilitated building. ....". .,' .;~ ,. - A phased rehabilitation is a rehabilita- tion consisting of two or more distinct stages of development. These stages must be set forth in written architec- tural plans and specifications that are completed before the physical work on the rehabilitation begins. -e. Certified Historic Rehabilitations For a rehabilitation to qualify for a 20 percent credit, the DepartIil.ent of the Interior must certify that the rehabili- tation is consistent with the historic .a.... character of the building and, where applicable, with the district in which the building is located. Application for this determination is made through "Part 2" of the Historic Preservation Certification Application. Following review by the SHPO, the application is forwarded to the National J?ark Service for a decision. This application may be submitted to the SHPO and the National Park Service at any time during the course of rehabilitation. The National Park Service, however, strongly urges taxpayers to file applica- tions before commencement of work so that modifications may be made more easily, if necessary. Notice of approval of proposed work or certification of completed work is sent . to the taxpayer by the National Park 81' e Service. If modificatioI1$ are proposed during the comse of construction, the National Park Service .requests that it . have the opportunity to review and approve changes that might affect the historic qualities of the stiucture. However, a rehabilitation receives final certification only after all work has been completed. A taxpayer whose proposed work has been approved. must submit a Request for Certification of Completed Work with photographs documenting the completed project in ordCfr to receive final certification. All elements of a rehabilitation project must meet the Secretary of the Interior's Sta1Jtlortls for ReItoIJiJitation (see page 11). In Baltimore, Maryland, tile Baltimore. Urban League Itas m()'{)(lt/ its 1tetHJq1l4rters into tile restoreti OrcIuJrd Street Clturcb. T!te !miMing flJtI$ restored fJC&Ordiizg to the ',!,Secretllry of tile Interior~_Standards for .. .~;Rehabilitation fJ1ZIi i1l'Oestors fI!Jef'(I tJlJle to . "fak~ tulvantage of tile historic relttJlJiJitation e ttJ:c credits. In evaluating rebabilitation work, state and federal officials.review all aspects of the work,i11c1uding any new constl11Ction~ While th!:l rehabi1iw:ion process may involve. some repair or alteration of a historic building to provide for an efficient contemporary use, it must not destroy or damage the material and features, both interior and exterior, that are important in defining the building's historic character. .or ongoing rehabilitation projects of more than. $20.000 is $250. .Fees to review completed rehabilitation work -'al'easrotlows:- The National Park Service charges a, processing fee to review projects involving more than $20,000 of rehabilitation expenditures. Pay- ment is made when requested by the National Park Service, not when the application is submitted to the SHPO. The fee to review proposed If an applicant has requested.review , of a proposed project, the National Park Service will deduct the $250 fee from the fee owed for review of completed work. .- J 1 J f ~ j ... ~. . , ~._" . '" '! . ..,.. 'll f cr It ! I I if .. - ':: :;':'7; :::J)\~?);.t, " .' \, ,. ,', ~. " .-1'. .At. I Certification decisions may be ap-' '.~I ',pealed to the Washington, D.C., office of the National Park Service. - Nonhistoric,RehabUitatiolllS " No certification of rehabilitation work is necessary to obtain the 10 percent credit for nonhistoric rehabilitation. However, certain existing building elements must be retained to qualify .for this credit. Specifically, 50 percent or more of the existing external walls must be retained in place as external walls; 75 percent or more of the existing external walls must be retained in place as internal or external walls; and 75 percent or more of the existing internal structural framework must be retained in place. ' No similar requirements apply to certified historic structures. II Use oj tIJe historic relttUJilitotion tax credits often sparks 1tfIlII) interest in historic dofttmtOfJlJ1t oreas. The reluzlJilitotion of severol com1l'l6f7io1 lmildi'f&r. mrroufuling tIte. Old TOfJIJ1t plttzo in Los Veg4S, New Me:cico served 4S 0 ctIttI!jst for tulditiOlZlJI commerciol reviklliMtWn efforts. Whot Expenditures QuaIi.fJ? .;~~.~. Rehabilitation expenditures mustbe' .~ capital in nature and depreciable as real property to qualify for a credit. This includes new plumbiJ1,g, me- 6hanical, and electrical systems, sprinklers, "life saf~ty systems," elevators, brick and facade cleaning, and any other work including cosmetic changes to the structural components of the buildings. Architect's fees, consulting fees, developer fees, and construction period interest and taxes are also allowable as part of the qualified rehabilitation expenditures. . Acquisition, site work such as landscaping, parking lots, sidewalks, and building enlargement costs. do not qualify. Furniture, appliances, and other personal property iteII1s do not qualify. Rehabilitation expenditures allocable to that portion of a building that is, or . is reasonably expected to be, "tax: exempt use property" also do not qualify (see page 8). _~. When Con tIte Credit be Claimed? G~nerally, ~e credit .is cl~~.q fo~ the , taxable year in which the" rehabilitation '. . is completed. For historic rehabilitations, an ap- proved Request for Certification of Completed Work must be submitted to the Internal Revenue Service within , 30 months of claiming a credit. The credit may be claimed before comple- tion if construction is planned for two or more years and a taxpayer elects to claim the credit on the basis of."quali- fied progress expenditures." Who Con roke the Credit? . The credit is availlible to the owners and, in certain situations, renters of a qualified rehabilitated building. " .. a~ Rehters may obtain the credit for '8' rehabilitation expenditures that they have incurred, provided that the lease ;term remaining on the date the 'rehabilitation is completed is at least as long as the depreciable life of the building. Under current tax law that would mean a lease in e~cess of 39 ' years for a commercial tenant. Pur- chasers of a rehabilitated building before the completion of its rehabilita- tion are eligible to receive the credit. How Is Depreciation Computed? A taxpayer may deduct annually a portion of the adjusted basis of a rehabilitated building. The deduc- tion generally is computed using the straight-line method over a period of 39 years for commercial properties and 2.7.5 years for residential rental property. The depreciable basis 'of a rehabilitated building must be r~duced by the amount of rehabilita- tt, bon credit claimed. n1 'IH n' 'c" ]-'" ;1) Xc," Cl~]~) ;, ,li'" In; ,U::,~" ~j J't\~! J' _ ,1\ :'-.....>-J:;',), ~.,.-. < >~" ~-~~~ ' .. -In ~ . ormation One ina series of Historic Preservation Information Booklets Con I Use the Historic Reltobilitotion Tox Credit? Rehabilitation of a historic structure can provide the investor with a sizable tax credit. A tax credit is a dollar-for- dollar reduction of income ,tax liability. Qualifying investors in historic reha- h;ilitation projects are eligible for a tax credit equal to 20 percent of the rehabilitation expenditures. For a project to qualify for the historic tax credit, certain tests must be met: 1. The building must be a "certified historic structure." A certified historic struCture is one that is: a) individually listed in the National Register of Historic Places; or.b) is a contributing building in a historic district listed in the National Register of Historic Places; or c) is . a contributing building in a designated local histonc district that has been certified as substan- tially meeting the criteria for listing in the National Register. e 2. The project must constitute a "substantial rehabilitation." Substantial rehabilita,tion is the" greater of $5,000 or the basis in the building. 3. The building must be a depreciable property held for use in trade or business or as an investment property. One;s own personal residence does not qualify. 4. The project must be certified by the National Park Service as having been rehabilitated according to the Secretary of the Interior's Stt.mtJartls for R8halJilitati01Z. The passive activity loss limitations restrict the amount of the tax credit an individual taxpayer can use ~ any given year. If adjusted gross income is less than $200,000, the taxpayer may use the tax credit to offset taxes due on active income (wages, salaries, business income). The amount that may be used is calculated by multiply- ing the taxpayer's marginal tax rate by $25,000. Thus an individual in the 36 percent tax bracket coulCl use $9,000 of the credit each year under this excep- cion ($25,000 x 36% ).Additionally the credit can b~ used to offset any tax liability generated from passive investments (i.~. real estate). For individuals with an adjusted gross income greater than $250,000, this.. exception to pUsive loss rules does not' apply< For those with incomes between' .$200,000 and $250,000 the exception amount is phased out. Corporate taxpayers ordinarily are not subject to passive activity loss limitations. . Any tax credits not used in the first year Can be carried forward until the entire benefit has been received. . The historic rehabilitation tax credit program is administered by the National Park Service in the Depart- ment of the Interior. For more inior- matio~ or to obtain the necessary certification forms, contact your state historic preservation office. To find the Qffice that serves your state, contact the National Conference of State Historic Preservation Officers at (202) 62+5465. - ~ _....... National Trust for Historic Preservation Can I Use the 20 Percent Credit? 1. I am a corporation. . . . _ Yes _ No q ').s:r, "passive activity loss limitations probably do not apply. Go to Question 5 ami omit ()uestion 14. Otlter tax provisions may apply, hOf8JlJ'l)8t; so consult your tax 01' accounting atirJisor. - 2. I am an individual taxpayer with an adjusted gross'income greater than $250,000. _ Yes _ No q "yt:f, " your use of t!te tax credit will be severely limited. 3. I am an individual taxpayer with an adjusted gross income between $200,000 and $250,000. _ _ Yes -=-- No .' q "yt:r," YOft may be eligible for part of the credit. See your tax or accounting atirJisor. Go.to Question 5. . 4. I ~ an individuaJ taxpayer with an adjusted gross income less than $200,000. _ Yes _ No If ').s:r, " you probably can use the credit. Continue to next question. 5. Is the building listed in the National Register of Historic Places? ---:- Yes _ No . q ').s:r, " the buiiding should qualif.! for the credit. . Go to QU6:rtion 8. 'q"no, "go to Question 6. . _I don't know q "I don't !mow, " contact the state historic preseroation office. 6. Is the building a contributing structure in a National Register historic district or a qualifying ~ooiI historic district? '. _ Yes _ No q "y.s:r, " the building should qualif.! for the credit. Go to Question 8. q "no, " go to Question 7. _ I don't know q eel don't !mow, " contact the state historic preseroation office. 7. If not yet a certified historic structure, is the property eligible to be so designated? . _ Yes _ No q ')&f, " the building may fJUtllif.! for the credit. Go to the next question. q "no, to the buildingflJill not tjztalihforthe'cretiit. ..... _ I don't know q"l don 't !mow, " contact the state historic preservation office. 8. What is the adjusted basis of the l?uilding? Purchase Price $ Less: Amount Attributable to Land $ - Plus: Capital Improvem~nts $ Less: Depreciation Taken $ Adjusted Basis of the Building $ A quick look at your most recent tax return or a call to your accountant may p1'O'Oide this information as well. "9. What is the proposed budget for the project, including construction, architect, developer, and consultant fees; b~t excluding acquisition, landscaping, and site improvements? $ 10. Does the amount in Question 9 exceed the adjusted basis of the building (Question 8)(. _ Yes _ No If "y.s:r, " the substantial rehabilitation test has been met. q "no," the sultstantial rehabilitation test has not been met and the project must be revised in order to fJUtllif.! for the credit. 11. Is the property your personal residence? If "y.s:r, " the property is not eligible for the credit. If "no, " go to the next question. _Yes _No a. Wi 12. Is the property going to be used in your trade or'business or held for investment? . _ Yes _ No If "y&r, .. tIw property sItotdtJ be eligiIJle for tIw credit. ~ ~ __ _ ~ If "fI!J," tIw property P'!~aIJ"is~not e~gilJ~.~ ~~!OU~~01JnttmtO(' to:c mJoisor. e 13. How much tax creditlri11 I receive? Rehabilitation budget (Question 9) x 20 percent Amount of tax credit 14. How much of the tax credit can I take each year? Marginal tax rate (See your accountant) x $25,000 Amount usable under passive loss exception Plus: Amount of tax liability on "passive income" (See accountant) , Total credit available each year 15. What will be the depreciable basis of the rehabilitated property? Pre-rehabilitation basis of the building Plus: rehabilitation expenditure Less: tax credit allowed Dep~eciable basis of the building 16. What will my depreciation be? Depreciable basis (Question 15) Deprecf,ble life (39 years or 27.5 years) Amiualoepreciation e, $ $ $ $ $ $ $ 4 FIVE-YEAR OPERATING STATEMENT ,YEAR 1 '2 3 4 5 Net Operating! Income $27,500 $28,325 $29,175 $30,049 $30,951 Depreciation - -, $ 6,154 $ 6,154 $ 6,154 $ 6,154 $ 6,154 Interest $15,906 $15,686 $15,452 -$15,198 $14,916 Taxable Incom~ $ 5,440 $ 6,485 $ 7,569 $ 8,697 $ 9,881 Tax Rate 36% 36% 36% 36% 36% TaxesS $ 1,958 $ 2,335 $ 2,725 $ 3,131 $ 3,557 Usable Credit;4 $ 9,000 $ 9,000 $ 9,000 $ 5,982 $ 0 Usa,ble Credit;! $ 1,958 . $ 2,335 $ 2,725 $ 0 $ 0 A.cctup.ulative Credit Used $10,958 $22,293 $34,018 $40,000 $40,000 . . ./ FIVE YEAR CASH FLOW STATEMENT YEAR 1 2 3 4 5 Net Operating! Incdme $27,500 $28,325 $29,175 $30,049 $30,951 Debt Service6" $18,524 $18,524 $18,524 _ $18,524 $18,524 Before-Tax Cash Flow7 $ 8,976 $ 9,801 $10,651 $11,525 $12,427 Taxes $ 1,958 $ 2,335 $ 2,725. $ 3,131 $ 3,557 After-Tax Cash Flo~ $ 7,018 $ 7,466 $ 7,926 $ 8,~94 $ 8,870 - , $ 5,982 Usabl~ Tax Credit;! $10,958 $11,335 $111725- $ 0 After Credit Cash Flow $1,7,976 $18,801 $19,651 $14,376 $ 8,870 ! Income increasing at 3% per year - z Net operatiI].g income less depreciation and interest ,3 Taxable income x tax rate 4 This is the amount of credit the owner is entitled to under the passive loss exception provision - 5 This is the amount of the credit usable to offset passive gains _ 6 Principal and. interest payment 7 Net operating income less debt service . 8 Before tax cash flow less taxes 9 After-tax cash flow plus useable tax credit This explanation of the historic rehabilitation tax credit was reproduced from J A Guide to TfJX-A.tJoantoged ReltalJilitotion published in 1986 and revised in 1994 by the National Trust for Historic Preservation. This self-help text was prepared by Donovan D. Rypkema. To order the complete A Guide to TfJX-A.tJoantoged ReltalJili- to~n contact: Information Series, National Trust for Historic Preservation, 1785 Massachusetts Avenue, N.W., Washington, D.C. 20036, (202) 588-6286. The cost per booklet is $6 with a 50 percent discount for orders of any 10 or more bookletS: - What OtMr RBstrictioftS Apply? Man~othertllaILthe be-ItefifS described above must be taken into accoUnt before considering undertak- ing or investing in a rehabilitation project. The rehabilitation' incentives operate within the,context of a building's'loca1 real estate market, its economic profile, and project investors' individual tax situations. The following sections discuss some of the federal.tax provisions that may affect the ability of investors to make full use of the tax benefits. Taxpayers should seek the advice of a profes- sional advisor before initiating or investing in a rehabilitation project. Recapture of the Credit e Generally, if a taxpayer disposes of a b~ilding for which a rehabilitation credit has been claimed within five years of completip.g a rehabilitation, part or all of the credit claimed muSt be repaid. This ~reCaptureci" amount ' ranges from 100 percent of the credit claimed for property sold within one year of the completion date to 20 percent of the credit claimed for property sold in the fifth ye~. Similar rules. apply if all, or part of a rehabili- tated building becomes "tax-exempt use property" (see page 8) within five Many older ftl1'm lntiltJing,r Iutve been rehabilitated using the ifJ'OflStment tax credit such tIS the Walnut Grove F tI1'm oarn in Knoxville, II/inois. .;..t_..; """,.'. .,o!.... years of the placed-in-service date. Recapture of the credit could also . _ OCCJU' if_t:he_Se~retmYof.th~ Interior revokes certification after the rehabili- tation is. completed. At Risk Rules Taxpayers generally may deduct losses from an acti~ty, including the holding of real estate, up to the' amount the taxpayer has "at-risk" in the activity. The amount at-risk generally includes the taxpayer's contribution of cash or property to.the activity and amounts borrowed for use in the activity for which the taxpayer is personally liable. In addition, certain borrowed amounts' secured by the real estate used in the activity for which the taxpayer is not personally liable may be treated as 'at- risk. This allows investors in rehabili- tation projects to "leverage" their cash inves.cment by receiving tax benefits .Oil their investment and a p~o-raca share of a project's borrowed funds.' Passive Ae1Mty Rules In the Tax Reform Act of 1986, Congress for the first time restricted the ability of real estate developers and investors to use deductions and credits to "shelter" income other than . that directly related to the .deductio~ or credits. . Corporations by and large .8!e. ngtcoveJ~4 by the~e rul~.___ Geiieriilly, these rules prohibit the use of deductionS and credits from "pas- sive activities" to offset income and taxes owed from "noD-:passive activi- ties." Passive activities are those in which the taxPayer is not involved on a regular, continuous, and substantial basis. Limited partner investors in rehabilitation projects are presumed to be involved in a passive activity. In addition, rental activities, including the rental of rehabilitated buildings, are considered passive activities. Non-passive activity income includ~ wages and portfolio income such as stock. dividends, stock capital gains, and interest on bank accounts: Under these limitations, deductions generated by all of a taxpayer's passive ,investments may only be deducted from income fr~m these passive invClltmentSl ~iinilarly, credits gener": " ated from passive activities, such as the rehabilitation credit, may only be used to offset tax liability on income from ~ive activities. I Credits and dedu,ctions that cannot be usea because of the passive activity rules may be used in future years to offset income or taxes from passive . '.'...1":_1. L.Li , . : activities. They may not be used to Exemption from Passive Ac:tivity III the lease term exceeded 20 years; offset such income or taxes from Rules for Full-TIme Real Estate II the lease occurred after the saie of previous years. Practitioners the property by,or the property was There is an exception to these rules that In the 1993 changes in the federal tax leased from, the tax-exempt entity e assists rehabilitation projects. Investors code, those involved full time in real (sale-leaseback situation); who are eligible for the rehabilitation or estate activities became exempt from III the lease included an option to for the low-income housing credits may the passive activity loss ~tations. purchase or sell the property at a use these credits to offset the taxes owed Now full-time real estate developers, fixed or determinable price; or on a maximum of $25,000 of non-passive brokers, property managers, and other . activity mcome. real estate professionals may offset. IliB part 'or au of the property was their earnings from salary or commis- financed, directly or indirectly, by a This exception applies to rehabilita- sions with losses generated by invest- tax-exempt obligation, and the tax- tion and low-income housing credit ment real estate. This also means that exempt entity (or a related entity) projects regardless of the investors' more than the $9,000 per year of the participated in the financing. relation to the project. Limited rehabilitation credit may be available partner investors need not be actively to taxpayers in the real estate business. However, even if one or more of these involved in management or decision Individuals who believe they may tests were met, the tax credit could still making to qualify. Under this excep- qualify for this exemption from passive be taken if the total percentage of space tion, rehabilitation and low-income loss provisions should consult their leased by tax-exempt entities under a housing credits, but not deductions tax counse.I. disqualified lease is less than 35 percent ~ from these projects, may be used to of the "net rentable floor space" of the offset the taxes 'owed on up to $25,000 Rehabilitations Involving property. . The net rentable floor space of non-passive activity income. Thus, Tax-Exempt Entities of a building does not include the for a taxpayer in the ~6 percent common areas. Furthermore, even if a marginal tax bracket" $9,000 of the When all or portions of the rehabilitated disqualified le~e exists and more than combined total of low-income and property are used by governments or 35 percent of the space is occupied by rehabilitation credits may be used in a nonprofit organizations there may be a tax-exempt entities, the tax credit is '. single year under the passive loss limitation on the use of the tax credit. still available to the expenditure attrib- exception provision. This benefit utable to the balance of the space. phases out for taxpayers with adjusted . In general the tax credit may not be gross incomes (determined without taken on that portion of the expenditure Alternatively, even if more than 35 regard to deductions from passive attributable to space oqcupied under a percent of th~ net rentable floor space activities) between $200,000 and "disqualified lease:." A disqualified were occupied by a tax-exempt entity $250,000. Taxpayers with adjusted lease would be one with a govemmen- . but none of the disqualified lease tests gross incomes greater than $250,000 tal or nonprofit organization if any of app~ied, the tax credit would be fully are not eligible for this exception. following tests were met: available. Builtin 1925, tile Mo1"lison Knutisllft Depot in Boise, ldoho, was restored using the im;estment tfJX credit. e. II .. Since considerable ;confusion exists over these distinctions, it bears repeating that having a "disqualified l~e" covenngc more man ~percent of the btrildingonly precludes the credit on the expenses allocated to that space. The costs attributable to the balance of the building are still eligible for the credit. Whot Other Tax Benefits Are Avoiloble? Other tax provisions may contribute to the preservation and rehabiliration of historic buildings. They include the deduction for donating a historic preservation easement, the low-income housing credit, and other state and local incentives. Historic Preservation Easements ~ ~. A charitable contribution, deduction is allowed for the donation of a historic . ,.' preservation easement~~o a preserva- tion organization. T~s ,cie,duction applies to both cOmmercial property and owner-occupied housing. An easement is an agreement by owners of property to relinquish their right to alter or demolish property and to abide by other preservation conditions that . are enforced by the donee preservation or~tionorgovernmentalbod~ These restrictions must be permanent to qualify for a federal charitable deduction and must apply to all future purchasers of the property\ A typical agreement protects the facades, of a building but may also restrict the development of adjoining lands and interior features or require mainte- nance of property elements. In' addition, the public must have some visual access to the donated propen;y. The value of the cOntribution of a historic easement is the difference between the fair market vaJ:ue6ftlre ' ' property before the granting of the restriction and the fair market value of the property after the granting of the restriction.' The basis of the structure ,must be reduced by the value of the easement. This basis reduction must be allocated between the building , itself and the underlying land. e , I .~ National R~gister Criteria for Evaluation The, quality of significance in American history, architecture, archeolo~ engineering, and culture is present in districts, sites, buildings; structures, and objects that possess integrity of location, design, setting, materials, workmanship, feeling and association, ~d (a) that are associated with events that have made a significant contribu- tion to the broad patterns of our history; or (b) that are associat.ed with the lives of persons significant in our past; or (c) that embody the distinctive charaCteristics of a type, period, or method of construction, or that represent'the work of a master, or that possess high artistic values, or that represent a significant ~d distinguishable entity wh~se co~ponents may lack in,dividual di~tincti~n; or (d) that have yielded, or'may be likely to yield,' information' imp~rtant in prehistory or history. Low-Income Rental Housing Credit Owners of residential rental property providing low-income housing ~y claim ~parate tax credits for new construction and rehabilitation of low- income housing and for certain costs of acquisition of existing housing to serve low-income individuals, if such credits are issued by the state. The credits are claimed annually for a period of 10 years. There are two low-income housing credit percentages-70 percent and 30 percent. (Those percentages are increased to 91 percent and 39 percent in certain census tracts that have been designated by HUD as being particu- larly in need of encouraged invest- ment.) The 30 percent credit applies - to acquisition if the building will be substantially rehabilitated and to projects receiving a federally subsi- dized rehabilitation expenditure. The 70 percent credit applies to the rehabilitation costs if no federally subsidized expenditures were received. Unlike the historic rehabilitation credit that is taken in the year received (unless passive loss provisions require it to be taken over time) the low- , income housing credit is taken over a 10 year period. The amount for any .given year is based on a "present worth" calculation and will vary somewhat from year to year. The net effect, however, , will be to give the investor the full value of the credit over the 10 years. Residential rf!ntal property is eligible fOr the credits if eithcJ;: IJIIl at least 20 percent of the housing units in the project are occupied by individuals with incomes of 50 percent or less of area median income; 'or iii! at least 40 percent of the housing units in the project are occupied by individuals with incomes of 60 percent or less of area median income. The rent charged to tenants in units with respect to which the credit is allowable may. not exceed 30 percent of the qualifying income. Eligible projects must continuously comply with these requirements for a IS-year period, or the credits will be recap~ed. . This credit may be used in conjunc- tion with the rehabilitation credit. The basis with respect to which the credits are allowed must be reduced by the amount of any rehabilitation credit for which the property is eligible. Since the tax revisions in 1986, a large number of historic rehabilitation projects have been undertaken combining both the rehabilitation and thelow-income housing credits. II '. -L;.J ~~UJJ !.. ", " .~ State and Local Incentives Revenue Act of 1978 (pL. 95-6(0) The Preservation Briefs assist owners and developers of historic buildings to Sinqe the redu~tion of federal reh~bili- fJII 10 percent credit for qualified recognize and resolve cominon preser- tation tax credits in 1986; a number of expenditures incurred in connection vation and repair problems prior to ' states have enacted additional incen- with the rehabilitation of a building work. The briefs are especially useful - tives to help make hiStoric preservation at least 20 years old to preservation tax incentive program more economically feasible. So~e applicants,because they recommend states have provided a 5 percent tax Tax Treatment Extension Act of 1980 those methods and approaches for credit against state income taxes to (pL. 96-541) rehabilitating historic buildings that compensate for the reduction in the are consistent with their historic credit from 25 percent to 20 percent at ..,deduction for the contribution of a character. Topics address roofmg for ..t"'H"~ . the federal level. Even more states historic easement historic buildings, repainting mortar have provided an extended property joints, window treatments, exterior tax abatement or property assessment Economic Recovery Tax Act of 1981 paint, rehabilitation of storefronts, freeze to owners who appropriately (poL. 97-34) plaster repair, cast iron buildings and rehabilitate historic structures. Addi- much more. For a catalog write: tionally, many state governments, and Il!I three-tier credit for the rehabilita- Preservation Assistance Division, statewide or local preservation organi- tion of certified historic structures P.O. Box 37127, Washington, D.C. zations have developed grants, low- and buildings at least 40 and 30 20013-7127. interest loan programs, design assis- years old tance, and 'a. variety of other incentive The Secretary of the Interior's Stan- tools to help encourage 'historic Tax Reform Act of.1986 dards for RiJhalJilitation are available preservation. In many places these (p.L.99-514) . from the National Park Service in an incentives have begun to counterbal- illustrated and unillustrated format. - ance the diminished effectiveness of II 10 percent credit available for non- The Standards are used primarily to the federal rehabilitation credits. historic buildings built before 1936 determine whether the historic " character of a building is preserved in History of Federal Tax Incentives III 20 percent credit available for the the process of rehabilitation. , All rehabilitation of certified historic projects that owners wish to be for the Preservation of Old and structures certified for purposes of federal tax e Historic Structures incentives are reviewed and evaluated II!I taxpayers with incomes in excess of in accordance with the 10 Standards for Since 1976 Congress has provided $250,000 not eligible for credits Rehabilitation. The accompanying federal tax incentives for the preserva- II p~sive activjty loss limitations guidelines, intended to assist in tion of old and historic structures. , ' applying the Standards, recommend reSponsible methods and approaches Tax Reform Act of m6 RBsou1'Ce$ and also list those treatments that (p.L. 94-455) should be avoided. To order it copy of The state historic preservation office is The Secretary of the Interior's Stan- iii! 6O-month amortization of ce11ain the best point of contact within your dards for Reluzbilitation witlt Illustrated expenditures incurred in the state for information on the historic GuitJelines for R.ehtJIJilitating Historic rehabilitation of certified historic rehabilitation tax credit. To locate the BuiltJing; write Superintendent of structures state hist<?ric preservation office th~t Documents, Government Printing I!ill accelerated depreciation on substan- serves your state, contact the National Office, Washington, D.C. 20402-9325. Conference of State Historic Preserva- GPO Srock Number 024-.005;..01091-2. tially rehabilitated historic property tion Officers.... 444 N. Capitol Street, The cost is $8 per copy. To order a lIll denial of deduction for costs of Suite 332, Washington, D.C. 20001. copy of the unilhJstrated version use demolishing ~ certified historic (202) 624-5465. GPO Stock Number 0?4-005-01061-1. structure The cost is $2 per copy. To reach the The Preservation Assistance Division Order and Information desk at the II straight-line depreciation on of the National Park Service has Government Printing Office call (202) property constructed on site occu- available numerous publications of 512-1800. FAX (202) 512-2250. pied by a certified historic structure interest to individual's or organiza- that was demolished or substantially tions seeking the historic rehabilita- The Preservation Law Reporter is altered tion tax credit. published monthly by the National Trust for Historic Preservation. This - loose-leaf service contains articles on tax issues, updates on legislative and . ~ regulatory activities, litigation summa- ries and a comprehensive reference _ volume. A one-year subscription costs ~...~Wfite: Preservation Law- Reporter. National Trust for Historic Preservation, 1785 Massachusetts Avenue. N.W., Washington, D.C., 20036 or call (202) 588-6035. State Tt/% Incentives for Historic Preserva- tion: A State by State Summary lists state programs designed to, encourage the maintenance or rehabilitation of historic properties. To order a copy contact: National 'TI:ust for Historic Preservation, Center for Preservation Policy Studies, 1785 Massachusetts Avenue, N.W., Washington, D.C. 20036 (202) 588-6255. The booklet is free with a $5 P.OStage and handling charge. InnOfJative Tools for Historic Preservation presents the results of a survey of more than 300 planning directors and preservationists to identify techniques that offer protection to historic re- sources. It examines tax and tinancial incentives, conservation districts and downzoning. .To order a copy write: National Trust for Historic Preserva- tion, Informa~on Series, 1785 Massa- chusetts Avenue, N. w., Washington, D.C. 20036. (202) 588-6286. The cost is $28. Affordable Housing Through Historic Preseroation: A Guide to ComlJining the Tt/% Cmlts published by the National Trust for Historic Preservation and the National Park Service provides an , , overview of ways to finance historic buildings to create affordable housing. It includes a detailed analysis .on combining the low-income and historic rehabilitation tax credit. Available from Superintendent of Documents, Government Printing Office, Washington, D.C. 20402-9325. e Ac/mOfD}!edgements This Informatio!l booklet was prepared. by Sally G. 01c1hAtn.JavneE-Bayle, and Stuart Ginsberg and edited by Ian D. Spatz. The National Trust for Historic Preservation gratefully acknowledges the assistance of Dewey, Ballantine, Bushby, Palmer and Wood in the preparation of the 1986 version. Donovan D. Rypkema updated and revised the 1986 l?ooklet to reflect changes in the tax law. The Secretary of the Interior's Standards for Rehabilitation 1. A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment. 2. The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided. 3. Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architec- tural elements from other buildings, shall not be undertaken. 4. Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved. 5. Distinctive features, {uiishes, and construction techniques or examples of craftsmanship that characterize a property shall be preserved. 6. Deteriorated historic features shall . be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materi- als. Replacement of missing features shall be substantiated by documentary, physical, or pictorial evidence. 7. Chemical or physical treatments, , such as sandblasting, that cause damage to historic materials shall not be 'used. ~cleaning-ofstiuctures,if appropriate, shall be undertaken using the gentlest means possible. 8. Significant archeological resources affeCted by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken. 9. New additions, exterior alterations. or related new construction shall not destroy hisJ;Oric materials that charac- terize the pCQperty. The new work shall be differentiated from the old and shall be compatible with the . massing, size. scale, and architectural features to protect the historic integ- rity of the property and its environment. 10. New additions and adjacent or related new construction shall be under- taken in such a manner that if removed in the future. the essential form and integrity of the liliIceric propt}lty and its environment would be unimpaired. '.1 " II Information Booklets Answer Your Preservation Questi~ns Join Historic Preservation Forum: The Information Clearinghouse for the Organized Preservation Movement ... ~~ . . /1t/~ booklets are published by the National Trust for Historic Preservation. For a complete list of tides in the series call or write: Information Series, National Trust for Historic Preservation, 1785 Massachusetts Avenue, N.W., Washington,' D.C. 20036, (202) 588-6189 or (202) 588-6286. FAX (202) 588-6223. CopyrightC 1994,1996 National Trust for Historic Preservation. Richard Moe, President, National Trust for Historic Preservation . Peter Brink, Ytce President, Programs, Services and Information Katherine Adams, Director, Preservation Services Elizabeth Byrd Wood, Editor Andrea Goldwyn, Busi1J8SS Coortlinotor Historic Preservation Forum is a membership program for professionals and : organizations. The benefits and privileges of membership include subscriptions to Preseroatitm magazine, and Historic Preseroatitm Forum journal, F017lm'News, , participation in financiaI{msurance assistance programs, technical advice, substan- tial discounts on professional conferences anq educational publi~tions, and access to Preserve Link, the computer-based co.mmunicationS system designed for the preservation community. New /nffJ1'1lJt1tion booklets are available free upon request to Forum members. To join, send $90 annual dues to: Preservation Fo~ National Trust for Historic Preservation, 1785 Massachusetts Avenue, N.W., Washington, D.C. 20036. (202)'588-62%. 17Je mission of tIte NtIt'ionaI Trust for Historic P~ is to foster on appnt:iotion of tIte diverse cItarocter t.md meaning of 011,. .Anieriam adt1Jml !Jeritage mvJ to preseroe tintJ revittJIize tIte livaIJiIity of ou,. commtmilies by leading tIte fItItitm in saving .America~ Itistoric ~. Support fo,. tIte NtIt'ionaI Trust is provided in PfJ1't by matcIJing grtmts.from tIte U.8. Deptl1'tme1Jt of tIte Interior, Natitmal Park Service, under provisio'IJS of tIte NtIt'ionaI Historic a Preset"'OtItion Act of 1966. T!Je opinions expressuJ in tItis publication are not necessarily tItose .., of the U.8. DeptI1'tme1Jt of tIte Interior. OfftceS of the National Trost for Historic Preservation National Headquarters 1785 MassachusettS Avenue, N.W. Washington, D.C. 20036 (202) 588-6296. Mid-Atlantic Ofiice One Penn Center at Subu~ Station Suite 1520 1617 John E Kennedy Boulevard Philadelphia, Pa. 19103-1815 (?1 ,,\ "lx~? L i br i s FA*98 INFORMATION THE'ECONOM ICS OF ~RESE 1st NA P8 l111lM111111 INF013134N ;~~~:~mJ US GPO 138/17/88 . PLEASE 00 HOT REMOVE FOR BUYBACK OR REF1JI'iD PURPOSES Midwest OfIice' . 53 West Jackson Blvd., Suite 1135 Chicago, Dl. 60604-2103 (312) 939-5547, (Illinois, Indiana, IOfI!Jtl, Michiglj1l, Minnesota, Missouri, Ohio, Wisconsin) Northeast Ofiice Seven Faneuil Hall Marketplace, 4th Floor Boston, Mass. 02109-1649 (617) 523-0885 (~Maine, Mossochttsetts, N8fI/) Hampshire, N8fI/) Yom, RMtie IslaniJ, Vermont) Southern Ofiice W~ Aiken House 456 King Street, . Charleston, S.c. 29403-6247 (803) 722-8552 , (AIoIJama, Arkansos, Florida, Georgia, Kentucky, Louisiana, Mississippi, North Carolina, South Carolina, TlfIJ1I!lSSee) . '. .~ Moontajns/Pl8ins Office . ' 910 l:6th Street, Suite 1100 Denver, Colo. ~oi-2910 (303) 623-1504 (CoIortvJo, Ka1JSl.lS, M01Ittl1Jtl, NelJruska. .l(orth Dakota, South Dakota, Wjroming) Southwest Field OfIice 500 Main Street, Suite 606 Fort Worth, Tex. 76102-3943 (817) 3324398 (N8fI/) Mexico, Te::tI$, Oklahoma) Western OfIice . One Sutter Street, Suite 707 San Francisco, Calif. 94104-4916 (415) 956-0610 (Alaska, Ariztma, California, HtI'iIIJaii,. Idoho, Neooda, Oregon, Uiith, Warhington, Pocijic isImuI territories) .r . 'j _. March 7,2003 Ms. Kim Moore-Sykes, Dear Kim, The following is a recap of the informational meeting held on February 27, 2003, the meeting was held at City Hall to discuss water main and street Improvements along streets adjacent to Peltier Preserve. Twenty-one residents attended, representing approximately 16 properties. The details of the project were presented, followed by numerous questions by residents, and answers from the City Engineer, Administrator and Public Works Director. The Feasibility Report was prepared based on the assumption that new water main would be dlrectlonally drilled along Centerville Road, Peltier Lake Drive, Clearwater Drive and Mill Road. Several other options were discussed and are listed below; Option 1: Feasibility Report. Dlrectlonally drill all mains and services outside the plat. No street reconstruction. Approx. assessment: $5,100. Option 2: Directional drill main along Peltier Lake Drive from Mill Road to Peltier Circle, with extension north into plat. Water service to adjacent parcels. No street reconstruction. Approx. assessment to 6 lots: to be determined. Option 3: Directional drill water main and services along Mill Road and Peltier Lake Drive (Mill Road to Peltier Circle). No street reconstruction. Approx. assessment to adjacent properties: to be determined. Option 4: Open cut all water mains and services within the streets, reconstruct streets. Approx. assessment: $12,000. At a minimum Option 3 will need to be constructed to extend water to the Peltier Preserve Development. Please call me at 651-604-4808 with any questions or concerns. Thanks, Dan S. Schluender Bonestroo Rosene Anderlik . ....A,pro t,sJ w~ Ml\4iV\ -I ofs ~ bte 41$~~ 4,PII . ~~ _0 "' ~ - I",., fI,.. t fA I r/lA J~ : j' \\L..4 ' _ C:L.t:.~~~17tR .. h,.vt. W4~r' ~;,. '~~f ..\~"'" ". "~'I j I 'VI.. "Mr ~ SANIt SEWER : . .' S 8 7 :, :ll,WTARY'SEWI 'iI ~ I'\A .-JJ 8 ~... I' .. .'SESSCQ" .. /4 :...... ~ ' \\ , WATI!RIfAIN .! ~~ ~ ':~~ ~ ~ \ t817 1825 18.'S1 183'1 1845 18S3 oJ 3;:0, 4~ ~o ~:~ ,';:' ~ - - -;. ~.;-;;; ~ --,-.: l~~ ~I " " -' ~ 2 ~C:"'-- 11 -',>" ~ ~ '831I( (~ 2 ..~ 8 12:, ~ ~ _ ....$J )'.A:: 1 ..' i ,/.--::>,., ~ - / 1. 7 13'-:-~' ~ ~~ jNf' __ .. '..-( '- 1 ,,' II ~\ ... / I '/ ,~~ A --.j TO J 111111 .,' ~ - hbs /1849 L~ 1ri/1~~ J il_ I.... 1729 "0 .rt~ER7 ;IIII~ CONNIat:~, y~ __~ :.=="'-'l1~) .- _ _____ i ~ ~ 1785;l._ /. ," -- ~ l I 710 1718!...~ 1~_'740 1748 '718 ...~~ Imfo1 " &i .a.......... ,...... I.AM ,. ~ ....1IER 1"""- r ~ ~...L J:! ,...... II I ~ '7B2 1784 J;/ In B I I f 1830 1838 1842 1848 18118 I "o/j I . ,...,.: 'I' i ~ I 8 & ~ J ~ ,<:I: ~II ~ I a ,,~~5 .',.. III. 11._ J31dERIII!T J: \.' _ I rI/l!",,--- I 8lI8 I, , lI- .. ' ! 1,,4..-- --- >-r- - . J:. If =~ ,',',',' ..__-- ',',' " -r -,yo I..... ,..., 1_ 1840 1848 I 1'_ ~._\._I.Aa4Jlt8&2 1880 /~..;:)i ~'l : IT \ I. ' ..e :;>= - -....~-=-.... , ' , 1Ci( J" J.L.. ~ I=-I~~..... L_ k_ 1847 11 L 1fJj;' ~'8811 ':im: '~ ~ '-':. ~ 1~ '-"1 ';"-=-. - ~ ~ - - -:-:t-t=- , ~ l ~ ,'~:ti' ~ /) ~ :-... II .... ,. 1818 824 838 83211844 ~ f Taii Il" <'- ~z, ~..,I II ..t' 1 I---'" I i - IU ~, , R - .", 1""- ,~- :~'---7"i ~ - ~ Ir 1 CI A( 'J r; \- - ~ ~~: --;;;.-;- L~ ~'r Jf'Y H I~ i .. \ " ::-:.~-~)T 'i Ii t.,-:jlj JLJ ~ (._ D --,', \""-J J: ~ 1:":7 I L i ,\' i ~ \, \ ~ ~ ...'........'..............,..~I p: ""'r- - -r ~ ~ \\:. \ !..:i~:.i '. I 1;\ ~ ...rI> l~ ~\\ R7 ^ ~"!'"lll " '....7 1 114' ,~~ , , ;0" "f.. .............. :1.. =-- ~ ::E' , ... 17t1S T 11 - ~ Ie ,&fill ' ~~, Ill" III ,,~ 1818 '824 1838]1832 ,iA4 JifllI ~ ;0: : "I-- " I R 'ir~ 'n ~ : ~ I .':u. ~ 3 :+ ~ li'l ~ "E- "~'I" "I! 81$ --. I: " ... ~!l> "r;: ;; I...:p ;>. -----'- ~l ff ~... Ii n:: !!!" :::..... ( ~:: ' ~!!! l 'I L CE TERVI LE ELEMENTAR ^: : .. 1838 1_I'RA' I' CHOO~'m : : !".. ~ L !: J:"'~Mhll.NA-L JA e,;rnN& 'L1'Z:1/tJ '3 ~ I ,&ti ,;,i) '\ '\ ! I~ .\ \ 4CX) ScoIe In teet !17 CENTERVILLE, MINNESOTA PELTIER PRESERVE FIGURE 2 . fl. Bonestroo ~ Rosene a Anderlllc 4 . \J' AssocIates ToM 1's,-rus-1tJ (;01- e-04-W&.g . ." ." .... WATERMAIN ..'~ ..'- ~. J" ..;..... .i:. ~ ~ '.,' t . .~. ;.. . . '. ~.." :,.1: .. ~ .' _ ." '.. ,\. t__.... .. ...... ... . . 61603129R01.DWG JANUARY 2003 COMM.: 616-03-129 / 1>raft~L . Department of Administration Building Codes and Standards Division, 408 Metro Square Building, 121 "f'b Place East, St. Paul, MN 55101-2181 . Voice: 651.296.4639; TTY: 1.800.627.3529 and ask for 296.9929 MUNICIPAL CONSTRUCTION and DEVELOPMENT FEE REVENUE. and EXPENSES ANNUAL REPORT . II. Building Inspection Permits . 1. 2. 3. 4. 5. 6. $ - 7. $ " . .. .-j 8. $ 11. 12. 13. 14. 15. . V. Fee Revenue And Capital expenditure AssOC FEE REVENUE 21. Infrastructure Fees a ~rM 25. Land 22. 23. 24. Park Dedication Fees Other Fees TOTAL FEE REVENU CERTIFICATION: I hereby.certffy the information contained herein to be an accurate representation of fees coDected and expenses incurred. . Signed Title Date Bcso..ecoo1~1l103 ~Iorn: N1nm t.. Marty 10: uale KUnl<l8 Date: 2/18103 lime: 1:59:50 PM Page 3 014 KAREN E. MARTY Attorney at Law 3601 Minnesota Drive Suite 800 Bl~on. MN 55435 Telephone: (952) 921-5859 e-mail: 1anarty@ix.netccom Fax: (952) 830-8211 February 18,2003 run Hoeft Barna, Oozy &. Steffen, Ltd. 400 Northtown Finanoial Plaza 200 Coon Rapids Boulevard Minneapolis, MN 55433 Dear Mr. Hoeft: Thank you for taking the time to speak with me this afternoon, especially when things are disrupted by moving. If you address (suite number) ohanges, please let me know. The items we disoussed regarding the Development Contraot for Pheasant Marsh Phase Two in Centervi11e are as follows: 1. An "Exlu"bit B" is attaohed to my oopy. Sinoe it does not seem to be a part of the agreement, it should be removed from the final copy. 2. It would be nice to ~lude, in the first Whereas paragraph, that we are talking about Phase Two. To do 1jhis, I recommend simply adding "Phase Two after ~Pheasant Marsh" in that paragraph. 3. Paragraph C has three paragraphs. The middle paragraph reads simply "As provided by MinnesOta Statute 462.3531, this waiver of rights of appeal is efFeotive for the amount of $462,881.05." This oan lead to some oonfusion, since the same language in the Phase One oontraot has the $1,871,642 number aotua11y inoluded in the Waiver dooument. We agreed that this oould be olarified. I recommend leaving the above language, then adding "for Phase Two, and $1,871,642 for all three Phases." 4. Last but not least, I oould not looate anyWhere in the Contraot where it stated when the esorowed funds would be released. The esorow is disoussed in the last paragraph of seotion C. To address this, a final sentence oould be added to seotion C, whioh would read as follows: ''This esorow shall be returned to the Developer, less any amount required for . at 1 on ." The "at I. on" language is given, beoause I do not know whether the City would prefer a date, or an event, as the triggering item. ..rom: Mlren 1:.. Marty 10: lJale Hunkle Date: 2/18/03 TIme: 1:59:50 PM Page4bf4 I appreoiate your consideration. If you have any questions regarding these, or wish to discuss them further, please let me know. Sinoerely, co: Ground Development, Ino. . . ....... .~._. - '."'!" '-" .,"- WCUG 1""'INCf uate: "4Il~/~ lime: 1:59-.50 PM Page 2 of 4 ,. KAREN E. MARTY Attorney at Law 3601 Minnesota DriVe Suite 800 Blonmmgton,. MN 55435 Telephone: (952) 921-5859 e-mail: lcmarty@ix.netccom Fax: (952) 830-8211 Febnwy 18, 2003 Dale Runkle Ground Development, Ino. 7575 Golden Valley Rd #250 Minneapolis, MN 55427 Dear Dale: Attached is a copy of the letter I sent to Jmt Hoeft a few minutes ago. When I spoke to him on the telephone, he was agreeable to everything. He stated he would review my fax and get to this as soon as he could. His office is presently moving (down a floor in the same building), and it sounded like things are somewhat soattered at present. Jmt also mentioned that, if Ground Development needs to advance the MUSA phA~ for Phase 3 of Pheasant Marsh, it may want to start soon. The 0UITent City Council is receptive to suoh requests, and recently granted one for Carlson in Hunter's Crossing (across the street). Note, however, that the City Council required Carlson to pay extra park dedication fees. Their rationale was that, if Carlson had waited for development until the land was sohedu1ed to be within the MUSA, the fees would have been higher. Jmt expects the City Council would impose this requirement on 9round Development, as well. Regarding paying an extra fee in order to speed up MUSA phasing: this would appear to be an illegal fee, since it does not meet the statutory test. Ground Development should consider whether this fee is a "cost of doing business" for moving Phase 3 along sooner, or whether this fee should be ohallenged if I when other fees are ohallenged. Give me a oa1l if you have questions. Sincerely, CASH FEES 1. Stormwater Fee 2. Park Dedication Fee 3. Plat Filing Engineering Escrow SECURITIES 1. Private Improvements (Paragraph Ai) TOTAL PROJECT: XJ EXHIBIT B $13,058.00 $54,000.00 $6,750.00 $73,808.00 1:2.~ 500 (jI, .=.- I~:;DO $29,989.09 $93,898.00 ~~~ - ~ \"2.. $"; 1 ~ e/'-' ~ $103.725.00 t" 1, S . ., 61J (I . $29.900.00 $103.725.00 $197,633.00 fJ.;\~ , ,J \~/ ~ . Rosene . . AnderIIk~ ~&- Memo Project Name: NPDES Phase II MS4 Permit Client City of CenterviUe Rle No: 616-02-128 To: Kim Moore-Sykes From: Wesley Saunders-Pearce, Theresa Maahs Re: Self-Assessment Write-up Date: 2121/03 INTRODucnON Bonestroo was asked to facilitate an NPDES Phase II MS4 Permit meeting on Friday, January 17, 2003 for the city of CenterviUe. Representing CenterviUe were the City Administrator and the Public Works Director. The purpose of the meeting was to lead the city through a self-assessment process of their storm water system, issues and practices. The scope of the self-assessment was based on the steps and approach that is structured in the NPDES Phase II MS4 Guide Plan. DRAINAGE The majority of storm water from CenterviUe ultimately drains into Peltl the Mississippi River. Peltier Lake and CenterviUe Lake are two ma' partially within CenterviUe and outlet through the City of Uno Lakes Is fuUy within the Rice Creek Watershed District (RCWD). ich eventually outlets into which are contained the city of Centerville The storm water conveyance system of the city was built primaril County catch basins located In downtown Centerville were bulit continually mapped and updated as new development 0 knowledgeable of the locations of most system outfal the older sections of storm sewer, which run throug however the location of aU the drain tile has n jurisdictional ditches within 'lIe,' however, the city has pe e sewer system does owever some Anoka storm sewer system Is b 'c Works Is ot known, especially In rain tile within the city, oka County e co maintains these ditches, largements. The Centerville storm RECEMNG WATERS Receiving waters . partially within the b Peltier Lake, located stocked by the DNR most of the storm delta forming In the ds as well as the two large lakes that are CI Centerville Lake. the city, is a Minnesota DNR 4P protected lake. Peltier is g and recreational activities. This lake eventually receives of terville and the water quality Is moderate. Peltier Lake has a may require dredging at some point. ' Centerville Lake, 10 e west section of the city, also has moderate water quality. CenterviUe Lake supports regional re onal activity including swimming, boating and fishing. Anoka County maintains a swimming beach on e lake and the DNR stocks this lake annually. Sl Paul Water Utility owns a pumphouse located In the middle of Centerville Lake as well as 2 - 30" pipes, which run south from the lake. The pumphouse Is monitored daily although it is not currently operational.St. Paul Water Utility also owns most or all of the shoreline property around Centerville Lake. Bonestroo, Rosene, Anderllk and Associates, Inc. 2335 West Highway 36 + St. Paul, MN 55113 + Phone: 651-636-4600 + Fax: 651-636-1311 I. " Memo ft~ ~&- There are two creeks within Centerville: Clearwater and Acorn. Acorn Creek is located on the east side of Acorn Park. Both creeks receive storm water from the Centerville storm water system. Along with the . three DNR protected wetlands, there is a series of small ponds contained within the city. Some of the ponds support minor fishing, however the ponds within the city are generally used for collecting storm water and not for recreational purposes. FEATURES The topography of the city is generally flat The soils are clay and the groundwater table underneath the city is very shallow. It was noted that there is often standing water when it rains and wet basements are a common residential complaint. lAND USE Development in the area is fairly recent, generally occurring in the last 20 years. Development has been steady but is starting to slow down as the amount of available land decreases. The dominant land use within the city is single family residential. Approximately 15% of residentially zoned land in the city is undeveloped. A majority of the residential lots are large in size and low density; however; all new . development is connected to city water and sewer. ' There is a relatively small degree of light industrial and commercial development Property zoned for commercial and industrial use is largely undeveloped within the city. The developed industrial properties are generally very low impact. Some equipment (construction equipment, heavy trucks, etc) is stored outside without cover. Terminal Transport isa company within Centerville that stores heavy equipment outside. The light industrial facilities are not known to use particularly harmful substances. There is one commercial car wash that discharges to the sanitary sewer system. ORGAN2ATIONANDCOMMUNnY The municipal organization of th~ city is very small. The Public Works department includes the Public Works Director and a two person support staff. The city also has a full time building inspector. Because the city shares borders and water resources with Lino Lakes, the two cities share cost on some maintenance. ' The RCWD and the DNR are involved in local decision-making regarding storm water issues. The RCWD has done some improvements to Centerville Lake. Local lake associations and town home associations are also involved, generally regarding buffer strips and other pond related issues. There is a lake association working to protect water quality and to encourage the growth of shoreline plants to provide suitable bird habitat. (A rookery has been established in an attempt to increase the bird population.) The city is working with the watershed on plan approval of new developments including the requirement of a vegetative buffer surrounding the ponds; however, some older developments within the city have lots which have landscaped all the way to the pond. A MN DNR pond in the southwest corner of the city has a watershed-required buffer of ,15-20 ft. Infrequent citizen complaints about water quality within the city have generally been related to aesthetiCs. Centerville has a storm water fund to pay for maintenance to the existing storm water system. The storm water fund is restored through the collection of area charges for new developments and a water quality charge of $21quarter. The city is currently finishing a Storm Water Management Plan, which will address how storm water expenditures are handled in the future. . POTENTIAL SOURCES OF POLLUTION The city representatives noted they have little in the way of water quality issues. Runoff from residential lawns was discussed as a potential pollution source. Residents thrdwing grass clippings and pet waste into the ponds have been issues in the past, although generally not a major concern. Feces from dogs and Bonestroo, Rosene, Anderllk and Associates, Inc. 2335 West Highway 36 + St. Paul, MN 55113 + Phone: 651-636-4600 + Fax: 651-636-1311 h.., ." ,I 1VIemo1~ &name In J ,. ArcIII&ectr geese were not noted to be problems to the community. Geese waste is less of a problem than it used to be as development continues and the geese are less frequent Land application of sewage sludge has been performed In Centerville. Residents were upset about the milky color that occurred In the ponds from the post rain event runoff from these areas. There are no commercial or industrial pollution problems within the city. Commercial and Industrial properties have their own holding ponds. The city noted that a source of pollutants In the past has been sanitary sewer breaks, although these have been Isolated incidences. There is a large MCES sanitary sewer force main running through the center of the city. Some erosion problems exist along the banks of Clearwater Creek located north of Main Street The watershed, through cost sharing with ~e city, performs bank stabilization to combat the erosion problems along Clearwater Creek. Maintaining the use of silt fence around all new developing lots is another erosion control concern noted by the city. The silt fence is often driven over by construction workers and delivery trucks. The city does utilize the Rice Creek Watershed review process for new construction. The city contracts out mowing services for city parks. Small amounts of clippings are left as mulch and large amounts of clippings are collected. and composted off site. The city also contracts out fertilizer application to a licensed private company. The company applies a phosphorous free liquid fertilizer to park spaces three to four times a year. No herbicides are used on city properties. There are some septic systems located on older lots within the city. As the city develops, these properties are required to hook-up to city utilities. The county requirements have been adopted although no formal agreement exists. A few houses have access to existing city utilities and upon failure of their existing well or septic system are required to connect to these services. There has been one incidence of human waste running into a creek, and a smoke test was perfonned In an attempt to determine the source. The source Was not determined, however the problem has not reoccurred. There are no problems with residential sump pumps draining into the storm sewer system. It was noted that there are approximately 40 homes in Lino Lakes that connect their sump pumps into the Centerville sanitary sewer system. The city representatives. reviewed the complete list of other non-storm water discharges from Permit Section V~G.3.e. and determined to the best of their knowledge that none were significant contributors of pollutants to their MS4. PRACTICES MCM 1 - Public Education The city sends out a quarterly newsletter to the public and publishes a' "week in review" column In the Quad Press, a paper that features neW$ about Centervllle and three surrounding cities. There are brochures and Informational sheets available at city hall for citizens regarding recycling, reducing trash, leaky faucets and other Issues. The city also sends out informational stuffers in utility bills. There is also a reader board outside of city hall where notices are placed regarding city clean-up days and requests for citizen volunteers. Council meetings are televised on a local cable access channel. MCM 2 - Public Particioatlon and Involvement , ,As noted earlier, the city has relationships with civic groups including a Lions Club, Girl Scouts and Boy Scouts. These groups help with maintaining parks and ditches In the community, among other activities. This is coordinated through staff at the city. The City of Centerville also coordinates with the Wargo Nature Center on seminars and educational activities for the public. There is a monitoring station that records rain events at the nature center. The city webslte has information for the public regarding upcoming events and Bonestroo, Rosene, Anderllk and Associates, Inc. 2335 West Highway 36 + St. Paul. MN 55113 + Phone: 651-636-4800 + Fax: 651-636-1311 " .ft BoIltitl.... Memo u=' &.-s&",",*- volunteer opportunities. The city does not have a designated hotline for citizen complaints regarding water quality, however people can call city hall and register complaints. MCM 3 - illicit Discharae The entire Centerville storm sewer system has been mapped including pipes, ponds, ditches and drainage structures. This mapping is continually updated with every development The city has nuisance ordinances and standards in effect to prohibit dumping in the public right of way. Dry weather flows are typically a rare event and they are usually determined after the fact. Public employees Informally watch for dry weather flow as well as other out of the ordinary storm water occurrences. The city will attempt to determine the source of any dry weather flows that are discovered through the use of smoke testing or other methods. Smoke testing has been used also to attempt to define the location of drain tile systems. The drain tile systems are stand alone systems and do not drain into the MS4, however they. do tend to outlet ~t the same locations as the storm sewer outlets. There are no known illicit connections perceived by staff. There are no specific codes regarding private sanitary system inspections. There have not been any citizen complaints, but failed septic systems have been discovered and corrected. MCM 4 - Construction Site Runoff Control All development activities in Centerville are required to go through a plan review process, as regulated by the ~ Creek Watershed. New developments need to have a construction n reviewed, which Includes the following erosion control measures: lJ Inspecting all hookups to city utilities . lJ . Silt fence at the curb line lJ Construction entrances lJ Weekly street sweeping The city has a process in place for inspections and enforceme process has been effective in controlling construction site run required for each new development within the city. P i Credit, which can be held to enforce construction the city and are performed at regular checkpoin sweeping and dust control, which has bee . circumstances, tempora basins These are included a The city observed that this eloper's agreement ent involves a Letter of s are contracted out by o requires weekly e developers. In some rot n has been employed. RCWD. MCM 5 - Post-Co Centerville mainta utilizes National U for seeding or sod zones around wetl Management Plan MCM 6 - Pollutio . ood ousekee in All streets are sw once a year and sporadically over the summer. This is contracted out as a cost shared servi ity of Lino Lakes. The city also coordinates with Lino Lakes on salt and sand used for roadway . Currently, Centerville trucks the salt and sand from Lino Lakes on an as needed basis and the umi portions are stored indoors inside the trucks. The 6% salt and 94% sand mixture is applied to interse .ons and hills as well as near city hall and schools. The public works truck garage does not have fueling station on-site so fleet trucks utilize local commercial gas stations. The building now has a nd skimmers on pond outlets. The city s when sizing ponds. The city has requirements r of occupancy. Requirements regarding buffer ctlon plan will be discussed In the Storm Water Bonestroo, Rosene, Anderlik and Associates, Inc. 2335 West Highway 36 + St. Paul, MN 55113 + Phone: 651-636-4600 + Fax: 651-636-1311 ... ,/ ..n~ .,.,8tnO it= ~&- pressure washer and a drain that runs wastewater through a waste separator before it is released into the sanitary sewer system. Emergency spill response within the city is handled by the fire department. The Public Works department is not trained to handle hazardous materials. The storm sewers have never been televised or jet cleaned, however, maintenance such as minor culvert cleaning or excavating of drainage ditches is .performed when necessary. Culverts, sediment basins and outfalls are inspected once a year. Bonestroo, Rosene, Anderllk and Associates, Inc. 2335 West Highway 36 + St. Paul, MN 55113 + Phone: 651-636-4600 + Fax: 651-636-1311 l__~___ _ STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE RESOLUTION ##03 - OtS This Resolution repeals Resolution #03-002 previously adopted on February 12, 2003. THE CITY OF CENTERVILLE RESOLVES: Section 1. The following ~ for indicated sales, permits and licenses are approved: TITI .R Elm Adult Establishment License ... ........ ............................. ........... $250.00 Animal At Large Release Fee 1 It Violation.......... ............................................. ............ $25.00 2nd Violation. ........................... ................. ........... ......... $50.00 3rd Violation.............................. .................. ................. $75.00 Animal License (Dog, Cat, Ferret) Male or Female.......... .................................... ............... $17.00 Administratively Neutered or Spayed .......................................................$ 8.50 Pro-Rated Kennel License.............................................................. $27.00 Antenna Permit Application Fee...... ................... .................. $1,575.00 Assessment Search.................................................................... $21.00 Bingo Permit............................................................... .............. $16.00 Building Permits .............................. See Resolution 02-014 until an Ordinance is in Place Cigarette license .................................. .............. .............. ........ $80.00 Council Chamber Rental........ .................. ................... ....... Group 1 - No Charge ..........................................................................................Group 2 - Voluntary $11.00 ..........................................................................................Group 3 - $26.00 per hour .1 I I Charitable Gambling: Investigati.ve Fee . ....... .... ..... ........ .... ........ ............ ........... ..$53 .00 Perm.it Fee . ... .............. .... ..... ... ..... .... ... .... ....... ... ..... ...........$21.00 Commercial Rubbish Collection License Fee............................$260.00 (Exclusive to Commercial and Indl,lStrial Busines~es) r; ~. .,.~ Dam.age Deposit.... ... .............. ... ..... _.. ~..;,.~.. ......~.. ...~... ...~..~~.. ..~.. ....... .$21 0.00 : '., '" .-" ~ " ~, :. .~... Dan.ce Permit.... ........ ...... ........ ,..... ..~.,..~ .i_~ .,,"!_ ~..._.-. ........r-..,~:.!. .'~ ...:,..~.-....-.,,$1 OS .00 . ,,', . f "i I Electrical Permit Fees ....... See :&mbif"f' See Resolution 02-014 until an Ordinance is in Place, F.lin F ' ' . I'" .'. r "$200 1 gees.... ....... ........ ....... ....... ...................... .................. .......'........~ to . Fill Perm.it ....::......:.....................'....~......;~..................~'See 'Exhibit ".'B." " . Final Grading and Landscaping/Sod Escrow..........................$1,500.00 Grading Permits..... See'Exhibit ''B'' See Resolution 02-014 until an btdinanceisin Place Liquor Licenses: 3.2 Beer Permit -;- ~pecial Events.................................... $35.00 p~us $5.00 for each .. ' add'l day Off-Sale Liquor ..............................................................$1 00.00 ,l ',' 1 > Off-Sale Non-Intoxicati.on Liquor ....................................$20.00 '. i.. On-Sale Liquor.............................................See Exhibit "c" ,On-Sale 3.2 Liquor.........................................................$250.00 .', Sunday Liquor License ..................................................$200.00 Wme License .... ...............................................~............. .$3 00.00 Lot Split ......................................................................................$185 ~OO' plus legal fees Maps and Charts (24" x 36") .......................................................$11.00 Mileage Reimbursement ................................................................ $.36 Park Dedication Fees - per dwelling unit Lan.d Dedicati.o~..........................................................$3,000.00 or, t> 10% of Fair Market Value of all property located in the proposed development, $3,000' (whichever is greater) or 10% of developable land .' , ' 1,1 " .~, . ..t f Park Ball Field Use - p. er Tournament ......................................$210.00 . . '. "., , ..' Park: Facility Usage Fees................... .......................see Exhibit "H" Permit Surcharge. ........ .............................. ...............See Exlnbit "D" Photo Copies ...................................~............................................. $.26 per page (one sided) Plumbing Permits... See BHieit "E" See Resolution 02-014 until an Ordinance is in Place Preliminary Plat Fee - Filing .....................................................$260/Lot or Unit P'UD Application Fee..... ... ...... .......... .... ............ .... .... .................$525 .00 Rental Certification.................................................................$50.oo for 1 st unit/$1 0.00 per unit thereafter Penalty: $50.00 per day of Non-compUance Research Charge ........................................................................ $32.00 halfhour minimum. ........ ...... ....... ...... .... ... ........ ......... ..... ............ ........ ...... ..... ... ..... $53.00 for each hom th.ereafter -...--/ Rezoning Requests........................................................... $260.00 plus additional expenses Residential Equivalent Unit ............... ...... .................. ......... ....$2,000.00 Right..of- Way Usage Fees............................ See Exhibit 'T' (New) Sauna(s) or Massage Parlor(s) License (Investigation Fee) ......$250.00 Massage Therapist CertificationlLicense................................$75.00 (New) Renewall Annual................................. ......... ......................$50.00 Sewer Availability Charge (SAC) ..................................~.......$1,275.00 Sewer Utility Billing (Quarterly) ............................................. $49.00 per unit/l0% late fee Senior Discount....................................................................... $46.00 per unit/l0% late fee Special Use Permit....................................................$185.oo plus legal & engineering fees Storm Water Area Charge (Developer's Agreement) .01546 per square foot Residential............................ .................................................... ..$200/Unit Commercia1/Industrial....................................................... $.05 per square foot of building, Parking or impervious surfaces Storm Water Management Fee (quarterly) ...................................$5.00 Tattoo, Body Piercing, Permanent Cosmetic Make-Up, Body Branding and Body Painting Establishment License.................................$250.00 (New) Transient Sales ......................................................... See Exhibit "F" Variance Request (Non-Refundable) .........................................$185.00 Water Hook Up ..... ...... ............... ........ ....... .... .............. ............$1 ,500.00 Water Meter Deposit................................................See Exhibit "G" Water Meter/MIU ................... ...........~.... ......... ........... ...............$290.00 Water Utility Billing ................................................See Exhibit "G" Section 2. These fees shall become effective on approval by the City Council of the City of Centerville. ADOPTED BY THE CITY COUNCIL OF CENTERVILLE ON . 2003. ~- Terry Sweeney, Mayor ATTEST: Kim Moore-Sykes, City Administrator EXHIBIT A BUILDING PERMIT FEES TOTAL VALUATION FEE Basement (Finishing) ................................... $75.00 $1.00 TO $500.00........................................ $29.50 $501.00 TO $2,000.00................................. $29.50 $3. 82 for ........................................................... or fraction $2,000.00 $2,001.00 to $25,000.00 .............................. $86.80 plus $17.50 for ....................... .............................................. ....... $1,000.00, ...................................................................... ...... including ..................................................................... ....... 25,001.00 to $50,000.00 ............................ $489.30 plus $12.63 for ...................... ...................................................... ........................................................................... . including ........................................................................... . $50,001.00 to $100,000.00 ........................$804.95 plus $8.75 for ........................................................................... . $1,000.00, or ........................................................................... . iricluding ....................................................................... ..... $100,001.00 to $500,000.00 ................... $1,242.45 plus $7.00 for ........................................................................... . $1,000.00, or ........................................................................... . For the first $500.00 plus each additional $100.00 thereot: to and including For the first $2,000.00 each addi~~~ - or fraction thereot: to and $25,000.00 For the first $25,000.00 . each additional $1,000.00 or fraction thereot: to and $50,000.00 For the first $50,000.00 each additional fraction thereot: to and $100,000.00 For the first $100,000.00 each additional fraction thereot: and including $500,000.00 $500,001.00 to $1,000,000.00 ................ $4,042.45 $5.94 for ................................................... ......................... For the first $500.00 plus each additional $1,000.00, or ........................................................................... . fraction thereof, to and including ............................................................................ . $1,000,000.00 $1,000,001.00 and up.............................. $7,010.94 $1,000,000.00 plus For the first ........................................................................... . $4.56 for each additional $1,000.00, or fraction ........................................................................... . thereof Other Inspections and Fees: 1. Inspections outside of normal business hours (minimum charge - two (2) hours) .................................. ,$5~.7.5~Ur 2. Reinspection fees assessed under provisions of Section 305.8 ....................................~.......................... $58.75 per hour 3. Inspections for which no fee is specifically indicated ............... ........ ...... ....... ......... ................ ......... ..... $58.75 per hour .. EXHIBIT B GRADING PERMIT FEES GRADING FEES General. Fees shall be assessed in accordance with the provisions of this section or shall be asset forth in the fee schedule adopted by the jurisdiction. Plan Review Fees. When a plan or other data are required to be submitted, a plan review fee shall be paid at the time of submitting plans and specifications for review. Said plan review fee shall be set forth in Table A33-A. Separate plan review fees shall apply to retaining walls or major drainage structures as required elsewhere in this code. For excavation and fill on the same site the fee shall be based on the volume of excavation or fill, whichever is greater. Grading Permit Fees. A fee for each grading permit shall be paid to the Building Official as set forth in Table A33-B. Separate permits and fees shall apply to retaining walls or major drainage structures as required elsewhere in'this code. There shall be no separate charge for ~dard terrace drains and similar facilities. TABLE A33-A GRADING PLAN REVIEW FEES 50 cubic yards (38.2 m.3) or less .....~..............................................................No Fee 51 to 100 cubic yards (40 m3 to 76.5 m.3) .....................................................$35.25 101 to 1,000 cubic yards (77.2 m.3 to 764.6 m3) ..........................................$55.50 1,001 to 10,000 cubic yards (765.3 m.3 to 7645.5 m.3) ..................................$73.88 10,001 to 100,000 cubic yards (7646.3 to 7645.5 m.3) - $73.88 for the first 10,000 cubic yards (7645.5 m.3), plus $36.75 for each additional 10,000 cubic yards (7645.5 m.3) or fraction thereof. 100,001 to 200,000 cubic yards (7645.6 m.3 to 15,291.1 m.3) - $404.63 for the :first 100,000 cubic yards (7645.5 m.3), plus $19.88 for each additional 10,000 cubic yards (7645.5 m.3) or :fraction, thereof. 200,001 cubic yards (15,291.2 m3) or more - $603.38 for the first $200,000 cubic yards (15,291.1 m.3), plus $10.88 for each additional 10,000 cubic years (7645.5 m.3) or fraction thereof. Other Fees: Additional plan review required by changes, additions or revisions to approved plans (minimum charge - one-half hour) ................................................................$75.75 per hour* *01' the total hourly cost to the jurisdiction, whichever is the greatest. This cost s,ha1l include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved. EXHIBIT B LANDFILL, GRADING AND EXCAVATING PERMIT FEES (Cont'd) GRADlNG PERMIT FEES* 50 cubic yards (38.2 m3) or less ....................................................................$35.25 51 to 100 cubic yards (40 m3 to 76.5 m3) .....................................................$55.50 101 to 1,000 cubic yards (77.2 m3 to 764.6 m3) - $55.50 for the first 100 cubic yards (76.5 m3), plus $26.25 for each additional 100 cubic yards (76.5 m3) or fraction thereof. 1,001 to 10,000 cubic yards (765.3 m3 to 7,645.5 m3) -$291.75 for the first 1,000 cubic yards (764.6 m3), plus $21.75 for each additional;I,OOO cubic yards (764.6 m3) or fraction thereof. 10,001 to 100,000 cubic yards (7,646.3 m3 to 7,645.5 m3) - $487.50 for the first 10,000 cubic yards (7,645.5 m3), plus $99.00 for each additiona110,000 cubic yards (7,645.5 m3) or fraction thereof. 100,001 cubic yards (7,645.6 m3) or more - $1,378.50 for the first 100,000 cubic yards (7,645.5 m3), plus $54.75 for each additional 10,000 cubic yards (7,645.5 m3) or fraction thereof. Other Inspections .and Fees: 1. Inspections outside ofnorma1 business hours....................................$75.75 per hour (minimum charge - two hours) 2. Reinspection fees assessed under provision of Section 108.8...........$75.75 per 'hour 3. Inspections for which no fee is specifically indicated .......................$75.75 per hour (minimum charge - one-half hour) *The fee for a grading permit authorizing additional work to that under a valid ~t shall be the difference between the fee paid for the original permit and the fee shown for the entire project. **Or the total hourly cost to the jurisdiction, whichever is the greatest.. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved. EXHIBIT C ON-SALE LIQUOR LICESE FEES Based. on squa:re foota.ge: ....................................................................$0.60 per sq ft for interior .. ....................... ............. ................. ................. .... ............... ............... ..$0.30 per sq ft for exterior MinimllDl: ............................................................. .',',-......................... .$2,500.00 MaximllDl: ..... ..................... ........................... ......... .................. ......... .$4,000. 00 EXHIBIT D PERMIT SURCHARGE Subdivision 1. Computation. To defray the costs of administering sections 16B.59 to 16B.73, a surcharge in imposed on all permits issued by municipalities in connection with the construction of or addition of alteration to buildings and equipment or appurtenances after June 30, 1971, as follows: If the fee for the permit issued is fixed in amount the surcharge is equivalent to one-half mill (.0005) of the fee or 50 cents, whichever amount is greater. For all other permits, the surcharge is as follows: (1) If the valuation of the. structure, addition, or alteration is $1,000,000 or less, the surcharge is equivalent to one-half mill (.0005) of the valuation of the structure, addition, or alteration; (2) If the valuation is greater than $1,000,000 the surcharge is $500 plus two-fifths mill (.0004) of the value between $1,000,000 and $2,000,000; (3) If the valuation is greater than $2,000,000 the surcharge is $900 plus three-tenths mill (.0003) of the value between $2,000,000 and $3,000,000; (4) If the valuation is greater than $3,000,000 the surcharge is $1,200 plus one-fifth mill (.0002) of the value between $3,000,000 and $4,000,000; (5) If the valuation is greater than $4,000,000 the surcharge is $1,400 plus one-tenth mill (.0001) of the value between $4,000,000 and . $5,000,000; (6) If the valuation exceeds $5,000,000 the surcharge is $1,500 plus one- twentieth mill (.00005) of the value that exceeds $5,000,000. E~HIHIT E -- mn PLUMBING AND HEA'l'ING PERMITS 1. Plumbing Permits A. . The charge shall be five dollars ($5.00) (not to exceed $100) for each plumbing :fixture, device or connection to the sewer or plumbing system, with a minimum charge offifteen dollars ($15.00) B. For any alteration, repair or extension to an existing plumbing system, where the work is of such a nature that the permit fee charge cannot be determined from the above schedule, the permit fee shall be thirtY dollars ($30.00) first five-hundred dollars ($500.00) or fraction thereof, plus fifteen dollars ($15.00) for each additional five-hundred dollars ($500.00) or fraction thereof of the total market value of such alteration, repair or extension. 2. Mechanical Permits The charge for a residential dwelling shall be twenty dollars ($20.00) for the following: . Main Gas Line Piping . Furance . Air conditioner . Boiler . Air Exchanger . Fireplace . Unit heater . Gas Dryer . Gas Stove . General Sheet Metal · Duct Work · Miscellaneous Mechanical Fixtures . Pool Heater A minimum charge of twenty dollars ($20.00) for fireplaces. The charge for commercial, industrial or institutional building shall be: Two percent (2%) of the total cost of labor and materials of the heating, Ventilation and air conditioning work to be completed. Work commenced without first obtaining a permit shall be charged an investigative fee equal to perm.!-t fees. EXHIBIT F TRANSIENT SALES A. The following fees for Transient Sales - Conditional Use Permits are: .Application Form............................................................. ..$5.00 Transient Sales License Base Fee ....................................$75;00 B. The following fees are additional time period fees: Per day..... ........ ................ ....... ........ ....... ......... .................$1 0.00 Per week.......................................................................... .$30.00 Per mon1:h......................................................................... .$60.00 Per year ........... ......... ...... .................. ....... ...........~...... ... ..$1 50.00 C. The following fees are to be deducted from the Conditional Use Permit fee if granted: Cost of .Application Form ;.................................................$5.00 D. The fees shall become effective on approval by the City Council of this resolution. JlYA'IRITG- WATER UTB.JTY BILLING Water Permit Fees Service/Connection............. .... .... ............ ............ ..... ...... S55. 00 Tapping Main .... ........... ............... ...~. ............ ................. S50.00 Disconneetion Requests....................... .......................... S20.00 Inspections (All) ... ......... ..... ....... .......... ... ........ ........ ....... $20.00 Service Cha.rps Testing Up to 2" Meters.............................................................$25.00 Up to 3" Meters.............................................................$30.00 Up to 4" Meters.............................................................S35.00 Up to fl'Meters.............................................................S40.00 Violation Penalties - Shut 00 ...... ............... .................. $25.00 Water Meter Deposit 5/8" Meter ......... ................. ........ ................. ................ $290.00 Special and other sizes........................... Cost plus Handling (These Rates are Subject to Tax) Unit Connection Cllatp - Non-Assessed Properties 7164,7173,7178, 7184, 7192, 7212, 7216, 7219,7221, 7223, 7232, 7235, 7241 Mill Road & 7046, 7049, 7067, 7072, 7080, 7081, 7087, 7088, 7094, 7095 & 7098 Brian Drive Residential................................................................ $2,900.003,685.00 Non-Residential per REC .................. ....................... $2,900.003,685.00 Water U~r Rates ........ ............... ...... .............................................. ......... + SI. 70/1,000 gallons Water System Management Fee/Per Quarter.................. $17.00 Penalty/.Late Payment ......................................................I00lft of balance Use of Meter "Hydrant ........................ ............................ ................................ S750.00 Deposit .. ............. ....................................................................... $20.00 Connection Fee .... .................................................................................... $4.00/1,000 Gallons ExmBITHi CENTERVll..LE PARKS i\.NIlREOREATlON"DEPARTMENT PARK FACILITY USAGE FEES Residents, Non-profit organi7.ations t f-~. . < 'Ill Security Dep<>sit..,;:'.... .............-........ ........... .....................$1 OO.OO~~ ~ Concession Facility Fee ..................................................~$25~OO**. Field Rental Fee ....'.................................................... Waived." Ligh.ting Fee ....................................................................NI A Key Fee . ..... .............. ... ......... ......... ... .................... ............$20.00 ($15.00 refunded when key is returned) Non-resident ... r Security DepOsit...... .... ........... .............................. ..........$1 00.00* Concession Facility Fee .................................................$150.00 per tournament Field Rental Fee .............................................................$100.00 per field Field Rental Fee .;;........................................h..~......;.......$200.00 per tournament Ligh.ting Fee ... .... ............... .... .......... ...... ..... ... ......... .........N/ A Key Fee . ....... ..... .......... ......... ................................ ....... ... ..$20.00 ($15.00 refunded when key is returned) *If fields and facilities are left in good condition and if all trash is picked up, the security deposit will be refunded. If these conditions are not met, repairs and/or cleanup costs will be deducted from the security deposit. The security deposit must be submitted with the application. ' **Per event or per seasop. for youth leagues. 0'. . , ,', ~n ~'" TO: Honorable Mayor and City Council Members FROM: Kim Stephan SUBJECf: Parks & Recreation Recommendation DATE: MardI 7, 2003 The following request was made by the Parks &; Recreation Committee at the March 5, 2003 committee meeting. Motion was made by Chairperson DeVme, seconded by Committee Member PeD to recommend to eoUlicil expending funds not to exceed 5150.00 in association with Earth Day events planned at IoeaI parks. AD in Favor: Motion earried unanimously. ~~ ~ ~ 0", TO: FROM: Honorable Mayor and City Council MeDlbers Kim Stephan SUBJECT: Parks" Recreation Reeommlmdation DATE: March 7, 2003 At the February 5, 2003 Parks & Recreation meeting the following recommendation was made: Motion was made by Committee Member PetenoD, seeonded by Committee MeDlber LeBIan~ to recommend to City Council the hiring of a Parks " Recreation Coordinator. AD in Favor: Motion carried nnanimously. At the March 5, 2003 Parks & Recreation meeting the committee submitted the following description for the tasks and duties of a Parks and Recreation Coordinator. This position would be a part-time, yest round job. The emphasis in the past has been on summer programs, but it is anticipated that activities should be year round. · Promote ~ coordinate city wide childlyoutbladult programs, activities, and events. · Research and suggest Parks and Recreation related activities for the city. Examples would be sports, educational, and entertainment. . · Interact with adjoining communities and orpni7.ations to coordinate and plan programs and activities. · PUblicize city activities Le., flyers, newspapers, and web site. · Coordinate registration for the activities, as necessary and document participation for Parks and Recreation planning purposes. · Collect Parks and Recreation program fees, related accounting and trac1rittg paperwork. · Coordinate and document use of park resources, such as sports fields. · Answer questions from the public related to Parks and Recreation activities and resources. Relay suggestions to the Parks and Recreation Committee. .... STAFF REPORT DATE: March 12, 2003 To: Honorable Mayor and City Council FROM: Kim. Moore-Sykes, City Administrator HE: Police Department Consolidation Questions from Counci1member Capra ......................................................................... Below are questions that I received via e-mail from Counci1member Capra regarding the proposed police department consolidation. Ms. Capra asked that I provide them for this evening's meeting. How many years are there left to pay on the bond for Lino Lakes building bond? Did we have any ruff estimates on building a new building for Centennial Lakes? The Civic Center Bonds are for 20 years. The Center was completed in 1999 and the debt will be retired in February 2019 or in 16 years. What was to cost of Sathe & Associates when we did the search for our administrator in 2001? While asking Ellie to look up the name she answered this question. The cost was $16,858.00. KMS: Linda Waite Smith indicated to me that the general rule of thumb is a full search costs 1/3 the annual salary of the position beingfiled. We wanted to know what the estimated pay off would be for losing officers (vacation, sick, etc.) verses bringing a1l39 over to new department? The liability for all the leave would have to be paid off before a consolidated department would begin unless the governing board expressly agreed tf) assume it. L WS indicated that this assumption is not something that she or the finance director would recommend to their council. .... 'n JK-:- -Since th~tMsting Joint Powers-will-endifwe proceed, lhelteve-aUsick leavemul- vacation are paid per contract. The new depm1ment may wish to 4l1ow some-transfer or buy back, but without a contact with the "new" union it is impossible to know. The liability for sick and vacation at 12/31/02 is $153,560.41. However the commission has a year endfund balance of approximately $227,000 of which $140,000 was designated to fund accrued Sick and vacation. Please identify the number of officers for the dollar amount? Some people are saying 30 offices and the figure does not include the chief's salary. L WS: Our estimate did include a chiefs salary and all other staff. The co1ifiguration of staffwould depend on how the chiefwants to organize and operate the new department. qthere are more sergeants, which cost more, there would have to be fewer patrol officers. q there are more CSOs to do the tasks that don't require a sworn officer, there could be fewer officers. It's a management decision to be done by the governing board and the city councils: do you want to hire one officer or two CSO? This is an example to illustrate the concept and is not based on actual numbers. Rough calculations indicate our budget would pay for a chief, supervisory staff (sergeants), office staff and about 30 officers but that could change if the decision is to have more supervisors and/or more CSOs. Better clarification on the $200,00.00 for the CSO's. How many full time or part time. Please see the above response. Centennial Lakes does the COPs program ifLino Lakes doesn't do COPS what do they do instead? LWS: qcops means Community Oriented Policing, that is the basis on which our department operates. What is the current funding formula for the Centennial Lake Police department and how <.toes it compare to this proposal. (Especially regarding Lexington' s share) The current Tn-City police formula has the followingfactors: Factor Weight Calls Population IACP Formula 4()oA, 4()oA, 2()oA, (International Association ofCbiefs of Police) STAFF REPORT CENTERVILLE CITY COUNCIL Date: March 12, 2003 To: Honorable Mayor and City Couaeil Memben Ms. Kim Moore-Sykes, City Administrator Ellen l'8uIo<6, I!1uace Dl.-4 PubHshiDl Costs ' From: Re: ************************************************************************ As requested I am providing C()sts for publishing the "Week in Review" in the (lutul Pres&. Currently the space required is being charged at the rate of$210 per week. The rate was raised last October from $196. For 52 weeks, the publication of the "Week in Review" in 2003 will be $10,920.' The city spent $7,084 in the year 2002 to publish the "Week in Review" from the month of May, when it first began, through the end of the year. Increasing awareness that the weekly column is on the city's website may be a more cost- effective solution in meeting the council's communication needs. Other suggestions :from staffinclude the m4ilingofa quarterly or annual newsletter with the city's utitity bills. " STAFF REPORT CENTERVILLE CITY COUNCIL Date: March 12, 2003 To: Honorable Mayor and City Connc" Members Ms. Kim Moore-Sykes, City Administrato~ Ellen Paulseth, Finance Director <CR Re: Short and Long Term Disability Costs From: ************************************************************************ Attached is information regarding the short and long term disability insurance plans provided through The League of Minnesota Cities Insurance Trust lhave also provided a cost analysis of the various benefit levels of the plan. The least expensive option, consisting of a $100/week SID plan combined with a $$500/month LTD plan would cost the city $1,615 per year. Various other options can be considered using the information provided. Due to the size of our group, the plan requires 100% participation. '-.: Long-Term Disability Insurance Cost Analysis Qualifying Period 6 Months Employee Rate! No. $1 CO' $50ClMo. $1,COClMo. $1,500' Mo. $2,CoolMo. $2,5CClMo. $3,CCClMo. Benefit Benefit Benefit Benefit Benefit Benefit 26 $1.58 7.90 15.80 23.70' 31.60 39.50 47.40 47 $4.87 24.35 48.70 73.05 97.40 121.75 146.10 69 $1.58 7.90 15.80 23.70 31.60 39.50 47.40 75 $1.58 7.90 15.80 23.70 31.60 39.50 47.40 80 $0.96 4.80 9.60 14.40 19.20 24.00 28.80 91 $1.58 7.90 15.80 23.70 31'.60 39.50 47.40 93 $2.54 12.70 25.40 38.10 50.80 63.50 76;20' 94 $2.54 12.70 25.40 38.10 50.80 63.50 76.20 98 $1.58 7.90 15.80 23.70 31.60 39.50 47.40 Monthly Annual $94.0'51 $188.10'1 $282.151 $376.20'1 $470'.251 $564.30'1 $1,128.601 $2,257.20'1 $3,385.80'1 $4,514.401 $5,643.0'0'1 $6,771.601 Long-Term Disability Insurance Cost Analysis Qualifying Period 3 Months Employee Rate! No. $100 $5CClMo. $1,OOOlMo. $1,500' Mo. $2,CCClMo. $2,5OClMo. $3,CCClMo. Benefit Benefit Benefit Benefit Benefit Benefit 26 $1.80 $9.00 $18.00 $27.00 $36.00 $45.00 $54.00 47 $6.55 $32.75 $65.50 $98.25 $131.00 $163.75 $196.50 69 $1.80 $9.00 $18.00 .$27.00 $36.00 $45.00 $54.00 75 $1.80 $9;00 $18.00 $27.00 $36.00 ' $45.00 $54.00 80 $1.13 $5.65 $11.30 $16.95 $22.60 $28.25 $33.90 91 $1.80 $9.00 $18.00 $27.00 $36.00 $45.00 $54.00 93 ' $3.17 $15.85 $31.70 $47.55 $63.40 $79.25 $95.10 94 $3.17 $15.85 $31.70 $47.55 $63.40 $79.25 $95.10, 98 $1.80 $9.00 $18.00 $27;00 $36.00 $45.00 $54.00 Monthly Annual $115.10"1 $230'.20'1 $345.301 $460.401 $575.501 $690.601 $1,381.20'1 $2,762.401 $4,143.601 $5,524.80'1. $6,90'6.001 $8,287.20'1 3/6/2003 12:03 PM L TD cost analysis .. ) r-" -- --~-- Short-Term Dlsabnlty-- ----- . Cost Analysis Employee No. $100IWeek $200IWeek $3oolWeek Benefit Benefit Benefit. Rate! $100 26 $4.50 $4.50 $9.00 $13.50 47 $4.50 $4.50 . $9.00 '. $13.50 69 $4.50 $4.50 $9.00 $13.50 75 $4.50 $4.50 $9.00 $13.50 80 $4.50 $4.50 $9.00 $13.50 . 91 $4.50 $4.50 $9.00 $13.50 93 $4.50 $4.50 $9.00 $13.50 94 $4.50 $4.50 $9.00 $13.50 98 $4.50 $4.50 $9.00 $13.50 Monthly $40.501 $486.001 $81.001 $972.001 $121.501 $1,458.001 Annual Minimum CostlBeneflt STD & L TD Combined Employee $100IWeek $sooiMonth Total Monthly No. STD L TD Premium 26 $4.50 $7.90 $12.40 47 $4.50 $24.35 $28.85 69 $4.50 $7.90 $12.40 75 $4.50 $7.90 $12.40 80 $4.50 $4.80 $9.30 91 $4.50 $7.90 $12.40 93 $4.50 $12.70 $17.20 94 $4.50 $12.70 $17.20 98 $4.50 $7.90 512.40 Monthly $40.501 $486.001 $94.051 $1.128.601 $134.551 $1.614.601 . Annual 3/612003 12:32 PM L TO cost analysis ~ SHORT-TERM DISABILITY Plan Information LMCIT works in conjunction with Ocbs, Inc. and Fortis Benefits to provide City employees with short-term disability benefits. Benefits are payable on the first day following injUry, or on the eighth day of sickness, and continue for up to 26 weeks. The payable benefit equals two-thirds of the employee's weekly wage, to a maximum of $100, $200, or $300 per week. The weekly maximum benefit is selected by the employee. Monthly premium rates per employee are as follows: MAXIMUM WEEKLY BENEFIT MONTHLY PREMIUM - (per employee) (per employee) $100 $4.50 $200 $9.00 $300 $13.50 To obtain a specific quote on Short-term disability benefits, please contact Ochs, Inc. directly at (651) 665-3789. . .- - - --LONG~RMnISA-mLITY Plan Information LMCIT works in conjunction with Ocbs, Inc. and Fortis Benefits to provide City employees with long-term disability benefits. In order to meet the needs of City employees, LMCIT policies feature such benefits as an "own occupation definition" for up to 36 months and, in some cases, 60 months. Other unique benefits include separation of disability benefits from sick leave and a 12 month retum-to-work incentive. · Benefit Levels: Each individual employee may select a monthly benefit level, subject to a minimum of$500 and a maximum of$5,000 or 60% of earnings, whichever is less. · Benefit Pqyment Period: The City detennines when long-term disability benefits will be paid to employees. The City may choose from a 3-month or a 6-month disability waiting period, after which-benefits will be paid. Benefits continue until the disability ends or the individual reaches normal retirement age. The cost of long-term disability coverage depends on the employee's age, the benefit level selected, and whether the benefits are payable after three or six months. To obtain a specific quote on Long-term disability benefits, please contact Ochs, IDe. directly at (651) 665-3789. i ,- , GJj....r;., ' .~~.. ... LeagUeof~esotaCities' (L.MC.I.T.) ,ElectiYe ~~.Term Disability . . .' .". '. . : ":", . "."" . : . .~,. . :When coDsideringthis plan, be sure to"ri6teth~i~o~t f~res( .,. . .":;;~ .',", . . ~=~ri:;;":' . '. :'::;~';" :>.;~ "" . ~,. . . ~ P,exible Amounts of. <:overage. . , . "., , . . .' . .'. Employees may elect any level of cove rage between $500'and $5~OOO provided they don't insure more tbai160%. oftheu-monthlY'inco~e. ":'. '.::;~ . ....;,. ',. " )C"~!~[~~\". ", >F'D30-j4 ~.. '. ";i<'35-39" . '." ...... '. , ..........4044 4549 SO-54 55-59' ;.-60+,. .2.~4;. .' 3.95 '4.52. . '4.87. ., . '(For~p'e: Anempl(j1e~1/~t.age ~3wou1dpaj$6~OOpet. '. monthfor $l,OOOper'm~nthin~~nefitS.J '. ',' ,-' " '.' Simply have,employeeS choose a monthly benefit and complete one of the encloSed applications;: . If 1000.10 of eligible employees elect to enroll, Y9Uwill be able to. imple~ent this plan and continue {o.~fferit at speciai' group~.. " . " .t -' 'M'L . :.. :.. . - ~. " .~ . " " . "" .~:<, ,~"" 'W" RICHARD A. MERRIIL DARULLA. JIlNSEN jEFFRBY S. JOHNSON RUSSJllJ.. H. CROWDER JON P. BRICI<SON niOMASP. MALONE MICHAEL R Hll1U.BY. DOUOLAS 0. SATlI'ER HERMAN 1.. TAIJ.E CHARLliSM. SBYKORA DANIBL D. 0AN'I1iIl,JR. BRVERttlC. DODGR ]AMES D. HOEFT JOAN M. QUADE JOHNT. BUCHMAN SC01TM. LBPAK G- S" .;.' .1 /. ." S . . 1 5TBvBN 0. '!HORSON BUZABBTHA. SCHADING WILLIAM R HlJl!llNBR BRADLBY A. ICL1rrSCHER : I<RISTIR. RILEY WILLIAM D. SIEOEL JBNNlFBR cTIiUIJEN SMi1H ICAlUN B. SIMONSON MA'I'1HBW A. KOROOl BDWABD O'BD) P. SHEU OfColael ROBmU A. oozy BERNARD B. STEFFEN 1931-2002 Barna, Guzy &. Steffen, LtcI-. ATI'ORNEYSATLAW 400 Northtown Fmancial Plaza 200 coOn Rapids Boulevard Minneapolis, MN 55433-5894 (763) 780-8500 FAX (763) 780-1777 1-800-422-3486 www.bgslaw.com MAR 1 D 2003 Writer's Direct Line: (763) 783-5122 . Internet E-Mail Address:jhoeft@hgslaw.com March 7, 2003 Mr. Tom Peterson Bonestroo, Rosene, Anderlik & Associates 2335 W. Highway 36 Roseville, :MN 55113-3819 RE: City ofCenterville v. R &R Leasing, Inc. (Deer Pass) Our File No. 60000-001 Dear Tom: Enclos~ please find a letter from Gerald's attorney outlining what they believe to be the errors of our ways. I would like to sit down with you and Ellie and go through your history Qn this development in order to respond to Mr. Rooney. Please give me a call and let me know when you will be available in the next couple of weeks. .If I remember correctly, you may be on vacation as I speak, but if you can just get back to me at your earliest convenience, that would be fine. I look forward to hearing from you. , Sincerely, ,LTD. James D oeft Centerville City Attorney JDH:set Enclosure cc: Kim Moore-Sykes, City Administrator (w/enc) Ellie Paulseth, Finance Director (w/enc) An Equal Opportunity Employer - t- " . ,(((." "J3/06/2003 16: 25 6551481 ?038 ROONEY NEILSON PAGE 02 RtJONEY&NElLSON, LTD. Atto1'fUlJ1s fit Law IJ"9 E. CDIDJty ROfIIl D 11'"",,* Heights, MN S5,1fJ9-526fJ TluJiIuzs ~ Roo1Ul,1 Ltln:1 NeiliolJ MaTch 6, 2003 Telepluine (651) 481-9222, TeU/1lX (651) ai-7031 e... ftH~CtIIII ~ James D. Hoeft - BARNA, GUZY &: 81:&1;4 ~, LTD. 400 Nortbtown Fin8.ncia1 Plam 200 Coon Rapids Boulevatd Mbmeapolfs. MN 5$433 SEND BY F..AX AND :BY U. S. -MAIL , , . ,R,e: City of Cente, ville VB. R & R. Leasing, Inc. Our File #12812 Dear Mr. Hoeft: This letter is being sent to you as a followup to the settlement'discussiOn which was held yesterday t City Hall. It should be regarded as settlement discussiotlcovclW by Rule 408 oftb.e Minnesota Rules of Evidence. R &: R Leasing. Inc. 's position is that its deposits of $4,000 and $7,000 should have been adequate to' COVer what the City's engineezs should have billed the City on this project. Tbe project was not complicated being about 700 feet of street en_ in a cul-de-sac. Storm water was cijsposed of on site. The street and utilities and the specificati~ were standard. The suneying, including the construction staking Was done by Metro Land Surveying and paid for by R & R ~ing. ,The engbleer estimated $4,000 for design and came back fot $7,000 for remaining design and inspection. Within two days of the last deposit the engineer billed the enti!\) $11,000.00. Somehow the engineer continued to bill and the City contttlb.ed tojjay anothttt' $11,900 without billing R & R Leasing for tbe additional Chm-ges or even leumg R & R Leasing know about them. We can understand an eng;n~ getting 7.32% of the cost of construction or getting $11,000 on the basis of hourly billings.. We dontt understand that the engineer can or should get both. R & R Leasing,' Inc. is 'willing to pay $2,500 in full and final settlement of this matter. y 01.D'S very truly, &NBILSON,L~ 1.~ I:..tro~1 -7 ,,'ii TO: FROM: SUBJECT: DATE: Ms. Kim Moore-Sykes Teresa Bender, City Clerkl1~ . Ordinance Codification March 12, 2003 On Monday I spoke with Duke from the League of Minnesota Cities in regards to the City's Ordinance Codification process. Mr. Addicks stated that previously the City codified Ordinance #1 - 65. The City would need to forward all approved ordinances since then and any revised ordinances. The League and American Legal Publishing Corp. would then be able to provide us with an. estimated dollar amount to complete the process. It is my understanding that. discussions are taking place regarding possible Police consolidation. With such, I would desire to wait to ascertain whether this will happen and the direction of that Department. It may be that the new Department may require or requeSt some sort of combined city ordinances uniform with all cities that are members. We both ~ve discussed the possibility of the current Police Department structure desiring the same uniform ordinances. Also, we both have discussed the possibilities of completing this procedure oUrselves and then forwarding them to the publishing firm, by- passing the League. ,1..Hugo' .,.. Time: 0_ .........~ _~~{QIi!~HJNAr d~~~H. 14/8 -Open HouselR1Jblit:lJJuIl'Inrl~:~_ "- _~_ .~O--d Date: Tuesday, March 25, 2003, Open House - 6:00 to 6:45 PM Public Hearing - 7:00 PM Location: Hugo City Hall A a -----. .-- - ........ -. .-. -..-.-'-' ...---- .'-. ... ~- - -- -----_..- - ,-. --. - - ----.. -------- , F - IN -. - . ..-. ..-.-- --_.~ -- ---.._----------,------ - ----- . - ---- . - -----.--- - The public is encouraged to a~nd an open house and public hearing regarding the Environmental " AssessmentlEnvironniental AsSessment ,Worksheet -(EAlEAW)_ for th~ 'proposed reconstruction of County' State Aid Highway' (CSAH)'14 in Anoka County, and CSAH 8 In Washington County. The propo$8d: -_ - prQject Is located In the Cfties of Uno Lakes (Anoka County), and Hugo (Washington County), MinnesOta. The oPen- house and he8ring Will be held on Tuesday"March25, 2003, at the Hugo City Hall, 14669 Fitzgerald-Ave. N.i:Hugo; MN'55038.' The Hugo City Hall is handlcap.accessible. -If yo !-i. have any",.. special needs, please contact the Hugo City Hall at 651-762-6300. " Open House - 6:00-6:A6 pm:. The public will be able to ask questions and discuss the project In an ~_o ~~c1rtfPr1l1.~LmannE)o,vlth _Clty__andpou~ offI~als along with representatives from TKD^ the project consultant-Maps, draWings,-andottiir pertfner1t ImormatJon; Ihclllatffg tHEfEAlEAW;wilfl:seavalrable-for -~-.. publiC Inspection. Public HearIng - '1:00 pm: There will be a formal presentation, Including a brief overview of the EAlEAW. The public Is encouraged to comment. Comments will be received In either written form or verbally (by a recorder), and' me, of the official ubllc hearin record. The comme,nts will be considered when making future project related decisions. The proposed project Includes reconstruction of the roadway as a four-lane divided section betw~n 1-35E and Highway 61, and the construction ofa separated pedestrlan/blcycle path and traffic signals. . Three -alignment alternatives are being' considered In the City 9f Hugo. .'. The project will result in Impacts to wetiands and"prlvate property, and encroachment on the 1 Oo-year floodplain. One of the alternative aUgnments under consideration would result In an itl1Pttcttp P~IU1d. ," , The tentatiVe schedures for right-of-way acquisition and construction Will be discussed, ancUhere10cati0n . .' asslstance'progratn:~1I beexplalnecL . The schedules.are.dependentupon federal'approyals. . . ril 28, 2003 and May 5, 2003 to recommend an " "--~-_. ------':c-__,....~_'_.'-~~_:_._.--.-,-T--~----' 9opies'oftheEAlEAW~.which documentthe pUipose and need oftheprojedalongwith the anticipated social,&c()nomic,and environmentalimpactsl are available for public viewing during busines. hours at the following locations: .... . . Washington County Department of . 'Tl'ansportation..~uPhysicaIDevelopment, 11660 Myeron Road North $ti1lW8ter,MN55082: .-; ",.' :;'," " ," ;"',,':, . Hugo. City Hall . ..14669 Fitzgerald Avenue North Hugo, MN 55038 . WaShington CouQtyGovemmentCent~ . . Office of Administration . .. ..... '1494962nd Street North Still\WJt~r-, Minn~ta;55082-OO~o AnokaCounty Highway Department Washington County Library 1440 Bunker Lake Blvd. NW Forest Lake Branch ---.-- .'. ------- Mdover,'MW5530;'f' .220 North Lake ~~~-~-~~~-~'~~-~-'~-"rore-sttll~tm~5025 : .. .Llno.LakesCity Hall,.::; '........:.. < ...........;.({ , ',.:-jsOO~arkwfiy~-~.:...-'.;...~..~-..... Lino Lakes, MN 55014 . . " Anoka County Government Center 2tOO 3rdAvenue Anoka, MN 55303 AnokaCounty Library. Centennial Branch' .. 100 Civic Heights Circle -, Circle Pines, MN q50.14 I I i j Comments. can be maned prior to the close of the pUblic comment period on Apn116, 2003. 'to Ms..:!.. .. ..__~_~~j ':i;hridneManth~;Ptoject:"Ma~;~aftftijWaShTrigtonCOumyoepanmeijf of"Transportation~~lSlcar~'" '. c--'r-I OeveJopmentaddress presented above. . . ..... '.' . ,..' . .' ~;"' .,(.J ,.~. . '; -- ---- -----~- ~ -------~~--~ ----~--~----~----:- R:\200802\EnVfronmental A$ses$ment\EA Dlstrlbutlon~ubRc HearIng MaIIIJm 3-C)3.dpC. . ., ~ ;. ~.~ ~ '~". ~.' . . . .,-~ . I ~~:~ I I ~ I .,"'7'!'"'. ':.'\ ..,... . ^' ,TABLE OF CONTENTS ,~^ In.'1:Jtoduction..... ... ... . ... ........... .... .. .... ..... ...... . ........... ............ . ..... ... . 03 S'taff Changes..... . .. . .. .......... ........ .......... .. ............ ....................... ... 03 Public Access.................................... ............... .'.. ......................... 04. Prod.uction VaD.......... ........ ...... .......... ................. .-...... ... ............... ... 10 Ci1:y' Scope....................................... .......................... .... ..... .......... 11 S'taffProgram Production.. ..'.................... ~........................................ 12 Commission .................................................................................. 15 ~~~.................................................................................... 17 .~~:..~ . .'~/ Attachments North Me1ro Telecommunications Commission................ 18 North Me1ro Operations Committee.. . ..... ...... ............ ..... 19 North Me1ro Media Center S'taff...... ...... ..... ......... .... ...... 20 2001 Media Center Statistics..... .... ............... ............... 21 2 ::">:~:1'~~,' t NTRO~ u CT('9'N":"~-;,:""" ...; ," \ ~' "'"> '"' ,,~, >:-... ' , " ~I <';':^ "",t;.,: We suffered through a few bumps in 2001, as a result of staff reorpni7.aUon and mle changes, but we seem to have made up for it in 2002. It was a very good year. All of the areas we measure to determine success improved markedly, with one-category reJM-ining unchanged. The following report highlights those accomp1is~ts and summarizes the annUal activity of the Media Center. - " < STAFF,ING '"" -~' . ' :;".: '" , ","", ... > .. staff turn over was at its lowest level in seven years. No one left the org;mi7.at1on, but we' did hire one new employee. During our staff~ in 2001 we left the full-time Van Assistant position unfilled. A primary goal of 2002 was to fill that position as finances allowed. Thankfully, as of July 1st, 2002 we were able to hire Matt Waldron as our new Van Assistant ":~;~ '.' The value of this staff addition can be seen in the van shoot statistics. Compared to last year twenty more events were covered in 2002. In addition to the increased numbers, Matt's educational and experiential background is in the area of graphics. A vast improvement in the graphics and use of animation can be seen on 'all of our van shoots. 2002 Staff Change Summary Matt Waldron - I Position IL_ Employee II. Reason for Change I[ Length of I Employment I. Van Assistant .IL~~~.J Filling Available II Start Date: J1ily 1, P~sition .~ 2oo2-Present . - This year also represented our :first with a full-time Video Technician on staff. The difference it made is remarkable. We were able to reach many of our equipment replacement and rewiring ", 3 , ; l~ . . ._ " .," .., ~.. ._.... '~"".:., I .... .'.' .",.~ .". . ..', ......... t: ' .~.. . ",.:. '. '. ... . '. ~ .... ....~.~ ':::': ."t~,~~~"'\'::~,~,~:':,,''''~_:-:;':.~''':.~:::."''t.... ., ,. , ., . 'f ~ .'t ~I f; :) .,U :1 . i .J i I " . ,"" ~: .f ~I 'f ,.,:.. ' . ., :; ;~; .~ . ',~;r ..': " .~,d .~ : . , ~ ..t j ..,: f ~ . :'~: " .,. .1 '( ! . .\.:;~. . '.;;, ~ ....... ..~. goals, had better maintained equipment and someone on staff who was willing, ready, and able to assist cities with equipment and signal related problems. Having Rick on staff also made AT&T Broadband technicians more responsive to our chamiel'concerns, as he was able to back complaints with technological proof of a problem. We also continued our gradual move of Michele Silvester's responsibilities from public access to public relations. This will only increase in 2003 as we include web site maintenance in her job description. It is very important to retlect the needs of the community, commission, and facility with our staffing levels and responsibilities. We are constantly tweaking positions and job descriptions to meet those needs. Plus it makes life more interesting. Staff Education and Development 111 We felt it was extremely important to take steps to guarantee smooth computer networking and troubleshooting support After approval from both the Operations- Committee and the Cable Commission, Rose enrolled to become a Microsoft Certified Systems Engineer. She has been taking classes for two years now, and has approximately half a year to go before she completes the program. Her skills have become increasingly important to the organi7ation, particularly as we look ahead to the possibility of a completely server based playback system and working with cities to use the I-Net II In order to better maintain, diagnose, and repair our DVCPro production equipment, Rick Kocinski, our Video Technician, spent a week in Atlanta attending a seminar d~igned to teach just that. . This seminar will prove to be very valuable as we continue to move to the digital for:m.at II Katie Young and Joel Knudsen ~ded the Alliance for ComrmJnity Media conference, held in Houston, Texas. The experience gave them the opportunity to compare their work with similar products around the country, and to view and test equipment we might consider buying in the future. II Matt Waldro~ and T.J. Tronson attended a Maya Animation Software training seminar. The software and the skills they obtained at the seminar have been put to use on program graphics and promos. . - ~ , , - - ~~ , . . pu sue ACCESS . " This was a very strong year for public access. We had some concerns regarding what effect membership requirements, imposed in 2001, would have on our statistics. Last year was a 4 -little-reugh,with-some-ofour-longtime-usersJeavingmtherthan payingtQ be a m~, _~ - we seem to be coming out of the slump. We had more classes, more-students,_W'orked with the schools, celebrated and rewarded our volunteers, and had a steady showing in the number of programs produced by the public. In addition, some significant improvements were made to the equipment available for the public to use. Equipment Upgrades ", ;':', II The studio control room was the primary area of concern regarding equipment replacement Rick spent three weeks tearing out all of the old equipment., cleaning, then redesigning, installing and wiring it all back together. The ancient 3/4" decks were removed from service and replaced witb 2 DVCPro decks and one SVHS deck. Both formats can be recorded onto or edited from. The final step in improving studio capabilities was the replacement of the Atniga graphics system with a new computer and Compix graphics software. 'tips same software was purchased for the truck and public edit suite. This makes it much simpler for staff and the public to move from any pfoduction afea to another. For example, graphics developed in the studio can be saved to disc and used to work on a program in the edit suite or on location in the truck:. Staff also repainted the studio floor. . Rose built and programmed a new computer network and Scala software system for creating and sending graphic pages over the channel. The software is used for the schedule channel and the community bulletin board messages that appear between programs. It was quite a project Not wanting to go through ourlocal vendor, Rose ordered the components herse~ and did all the assembly and programming. Folks at Scala told her she was the :first consumer they had worked with directly. They normally go through a trained vendor, because the programming of the system is very tedious and complex. Rose figured it out., the system. is up and running, and she gained a lot of experience in the process. . \ ..... } Ii An Avid non-linear editing system was purchased for the staff edit suite. It was our first foray into the world of non-linear editing. The learning curve on th~ system was quite high, but several members of the staffhave become proficient at it The system is used primarily for programs that require assembly of many different pieces, such as City Scope. It' isw.so ideal for documentaries, intros, and prom os. The purchase of this systeDi waS deemed a necessary step toward the improvement in the look of City Scope. A DVCPro deck was also purcliased for the staff edit suite. . After becoming familiSlT with non-linear editing, staffbegan researching systems for use by the public. It was determined that a base-leVel Avid system would make the most sense. Research was also done on the type of tape deck, digital cameras, and tape format that would work best with the editing software, and be the most economically viable for those users who prefer to purchase their own tapes. The actual pieces of equipment won't be purchased and assembled until January of2003. . ..-:r';:.,.... . ".;> .....1 5 L.- , Jti" ~::. " One of the primary goals of our organization is education. We offer general video production Courses to the public on a monthly basis~ and organize private instruction when our regularly. scheduled classes don~t fit into astudent~s schedule. !' 'I , ~ 'f , " :a :f ~ f' r t.\, I . ! 1 'i i' " y. . .. A Ford Focus wagon was purchased for use as a fleet vehicle. The car displays the City Scope and channel 15 logo~ along with the web site address. It serves to promote the Media Center~ along with adding legitimacy to the news crew when they are out covering events. We also use it as a float in parades. , Classes and Students In addition, we work in partnership with sChools to expand Student's educational opportunities~ at no cost to the school. The statistics for number of classes taught, and number of students participating increased over the previous year. ~('\ " ." .~{ ~\ Joel Knudsea teaching folks how to use a eadu:onter " l ":. "-.., ~ ~ I i 1998 1989 2000 2001. 2002 As you can see~ the number of classes taught and the number of students participating was at its highest level in five yeai-s. I have received many phone calls and letters from students prais~g the time~ care and assistance our instructor, Joel Knudsen has given them, both during class and later, when they are using the facility to produce a program. He seems to be doing something right! I" ~:" ~ f Throughout the year we also :work with a variety of school groups. They included: r f II, Summer Academy Michele and Joel worked with Paul Augustan to bring the Summer Academy program back to the North Metro Media Center for the second year in a row. For tl1ree weeks, a large group of talented teen-agers worked with our portable equipment and editin& produced several hours of live, in-studio programs, and covered an event utilizing the production truck. The Summer Academy program is designed to offer educational challenges to gifted students, and travels to various regional production facilities, from year to year. 't. ~ , :) " :~ 6 ".. . ....... --.. . . -'. . . , 1'.' ~ ~ .~ . i 1 , , j II Learning .Alternatives SeIleoI The LA. school utilized the Media Center facility to teach their students the intricacies of. television 'production, for the third year. Cheryl Gustafson, the coordinator of the program, says that working at the Media Center exposes the kids to what goes on behind the s~es in television production, and allows them to make their own programs, have an audienQe, and see a project through to completion. The program is based out of Spring Lake Park: High School. E ACTMTEENS Program Roosevelt Middle School, under the direction of Comrmmity Education representatfve Karle Ranki~ brought the ACTIVITEENS after school educational program to the North Me1ro Media Center for the first time. Joel Knudsen worked with the school to help provide an appropriate ' introduction to television studio production. The students produced a program for playback on the channel as a part of their educational experience. The program organizers were very pleased with their experience at the Media Center and stated that they would like to continue utilizing the facility as a part of the ACTIVITEENS program. , I I 1 I , , !., I . I r k. Ii... I.' ~ .~. . ~ ACTIVlTEENS in action! I' j l ~ f I 'I'f : : " ~ " Program Production There are two separate statistics that we keep 1rack o( regarding programs submitted for playback that were produced at the Media Center. Programs produced by the general public uti1iziD.g our equipment and facilities, and those submitted by outside sources. .... First, let's consider programs produced by the general public utilizing Media Center equipment The numbers remained virtually identical to the previous year in this category. While there was no growth in the number of programs produced ~y the general public utilizing Media Center equipment, the numbers remain IIPrograms produced very solid. Based on the number with Media Center . Equipment of class graduates, and counting on the introduction of new digital equipment in 2003, this particular statistic could 1898 1989 2000 2001 2002 very well rise. There are, of course, limi. to the number of programs that can be produced in the facility. With staff and the general public vying for use of the same studio and edit suites, compromising has to be done. An additional studio and edit suites would greatly expand our potential. 7 r ; 't t .~ .1 :~ 6~\~~:~~~'~;~t\:k-:il~~";'.~': :{~ :':'~.:.,:. ::~::'~:. ._t~:i... ':'1':::,.". ~\t ....,;l. " ::. ..:."t....\.-.t.\ ~... .... ......'..:..:.;. :~~'.\:. '.. ~~ : .~,.~.:'\~' ",..... .~.' I" ~. '".u.,' .-......... . ~.. ..*.... .:-' ". On the other hanq, the number of programs submitted for playback, that were produced using somebody else's equipment, increased. Many local churches, schools, and even cities submit programs produced in 1his manner. They are still local programs of interest to the area. They simply weren't produced at our facility. When combining the two numbers there was actually an increase in new, local programs submitted, from 663 in 2001 to 713 in 2002. We watch the number of programs produced by the general' public very carefully. . It is important for us to keep an eye on the effects membership requirements, quality I I of equipment, and publiCity play on m=:= =~ use of the facility by the public. It's a useful tool in determining how the public portion of our work: is reflectCd in the budget It will be interesting to see if new equipment and a new facility attract additional producers from the F 'i I , I I !, <- ., 1 :i 1 I i I I 1998 1_ 2000 2001 2002 . I j' I I r general public. ' While there are many folks who produce an occasional program, we were fortunate enough in the last year to work: with three groups or individuals who produce progralllming on a weekly or . ," monthly basis. They include the Epiphany Catqolic Church group who produces weekly ". / services, a monthly talk show, and cooking show, Narayanan Kartha who produces a Ii' ~iphany Producers Narayanan Kartha Klngswood PrOdueen monthly variety show, called Malayalam TV, highlighting the culture and issues of India, and the Kingswood Church group who produce their weekly service and will soon produce a monthly in-studio talk show. PR It's important for us to do whatever we can, as economically as possible to get the word out there regarding our products and our services." This task primarily fallS on the shoulders of Michele Silvester. Sure, she's perfeCtly happy telling the rest ofus what to do, but she's the driving 8 S-':;, ~,: ~- 01- ,} i J ',' r ~ .' t, - t r 'I I ~ I:' I t' '.'1" . '.:. ...~.i. . .,-, force behind getting this stuff done. Some of our major projects of the year arehighIighted below. II The written word , We continued to inform the public of our activities through various written mediums. First, our _ monthly newsletter kept producers, volunteers, community leaders, schools, elected officials and the general public informed regarding events at the Media Center., Second, flyers were distributed at every van shoot to let people know when and where they could find that particular game playing back on channel 15. We '?I'Oss promote City Scope ana other staff produced programs on the flyers as well. Third, we have a comprehensive facility brochUre which we update as needed. It is distributed to all class attendees and mailed to folks with inquiries.. .An of the print material we have is also available on our web site. II Parades are us We wanted 'to try something a little different this year, so we signed up to be in three parades. As has been previously noted, 'a :fleet vehicle festooned with our logo, phone number and email address was purchased earlier in the year. This vehicle proved to be the perfect parade float. With the back hatch flung open we were able to refill our candy buckets, take a quick break, and videotape the entire event Some staff tossed candy while roller-blading, while others handed out flyers letting parade attendees know when the parade would be played back on channel 15. We participated in the Tower Days, Blaine's Blazin' 4th, and Fetes des Lacs parades. 111 Tours Over the past two years, tours of our facility have become exceedingly popUlar with.girl, boy, and cub scouts. This has been primarily , the work of<<Wor4 of mouth." Michele does a . very thorough job as a tour guide. Each visiting group got to seethemner-viorKi"gS-of a functioning television facility, watch a production in progress, and produce and Star in their own promo for the channel The 1'l'Omos, produced during tours, are used , 'around staffprograms such,as City Scope and Producer RiCk Larson l1elpsout with a tour. 'Viewpoint This year we also introduced the "All Access Studio Pass." Michele created the pass, laminates them and then attaches them to a lanyard. Each tour participant is presented with the pass. The group is also given a copy of the promo they made to watch over and over again, at home. Pictures of the event have also been emailed to excited tour chaperones. .. 'i . :: " I, " . Motley crew at the BB4 parade ; .~: t, , .j'. ~ .t I i '" " :i ;f .. :": 9 .i .. II Awards ceremony We reinitiated the concept of the volunteer award ceremony, for the fhst time since the cities 'obtained control of the management of community progrmnming. Over forty volunteers and . producers showed up on Apri123i'd for hors d'ouevres, . conversation, trophies and channel 15 clothing. Eleven trophies were handed out in recognition of outstanding efforts acrosS the past Year. A detailed list of the award recipients and photos were published in the monthly newsletter, and the program. was videotaped, along with some raucous, pre-ceremony, red carpet commentary. In addition to the trophies that were handed out, we also distributed the many The awards' channel 15 logo items, like sweatshirts and jackets, that had been earned by our volunteers across the previous year. Since this was the first time we'd done this in some time, the event was held at the Media Center. Future awards ceremonies will be held at some other venue. .' '." ~ . t~:\~:~: Award winDing volunteers Dave Washburn, Mike RoeDer, and Dan Peitso. ~., ),-..:" , ~ ~ ~ THE PRODUCTION VAN,. ~ ''-._, 'v,~ , ___...... ...'~.., -:.....;, +_ , ~. . . The production van is one of the most important tools we have. According to our most ~t . . survey of cable subscn"bers, high school sporting event Coverage was the most frequently cited reason for watching the community channel Kenton Kipp, our Van Coordinator and his asSistant Matt Waldron, put up some.!eany good numbers in 2002. The number ofvan shoots, volunteers and hours that folks cont;nbuted all increased. One area that was particularly impressive was the number of hours . volunteered. In 2002 people spent 968 hours assisting in the production of community programming. In 2002 they spent 2,513 hours doing so. That is close to triple! Setting up for a shoot at the National Kenton and Matt do a great job of worldng with the Sports Center volunteers. In the words of one volunteer at last year's 10 -.- - ... ------------ ---.- -------- Awards Ceremony, "they make volun1;eering jim." It's important to note that we couldn't produce one van shoot, let alone 90, damt tie assistance of our volunteers. We have two full1im.e staff devoted to van shoots. It falCes at least five people to prod.aee a program utilizing the van. Volunteers. You gotta love 'em. ,-- , \ . 1m. addition to worldng wirth vclunteers, we have .a strong internship prognwn. Students :firom anea high schools and o:oleges and shnlal colleges are .enait.l1"l1ged to intern at 1he Media Center. We . USLJal:bv have one to two Volunteers striqIna cable Brown College Intern, Dan WiDard :iml::emsa quarter. Each student puts in a minimum of 100 l1o'un; mfwor.k, primarily on van shoots. We offer a $500 stipend to up to eight interns a year. The.siipfnds are paid only after the successful completion of at least 100 ho\US of work. \~:>. ......'J-.; The following chart demonstrates 1he JJ.IpJ: CTre:ments over the previous year. In 2003 we hope to surpass the 2000 statistics, which represent aw best since the take-over of cormmmity programming. 1888 1888 .2_ 2001 e,~~,,>,,:" ~{;_~~. SCOPE ,:: , , ," , Ill. of shoots 0. of volunteers 2002 City Scope, our community n~s program, (Ontinues to be the cornerstone of our operation. The success of this program, and the positive irnp;aoct it has had on the Media Center's relationship with city staff, community leaders, and rep~tatives of the business and non-profit 11 II Non-Unear editing A major goal for the news department was the acquisition and implementation of a non-linear editing system. Staff spent months researching various systems, finally choosing Avid It was a wise choice as the equipment is very robust Unlike most other non- linear sYstems, this one has yet to crash during an edit This type of editing system is perfect for programs that include a lot of segmentS, or for intros or prom os. -The system offers precise control of video and audio and makes it simple to make changes to finished segments. . communities is remarkable. Credit must go to News Coordinator, Aric Otzelberger and his Assistant Producer Katie Young. They have worked . tirelessly to build trusting relationships with news sources and to produce in~g, responsive and informative news stories. Based on the phone calls and comments we~ve received, our viewers have come to both appreciate and enjoy the program. .......' [ ': I. Some of the milestones of the year, for City Scope include: Arie, Katie, and T oJ. gettbag the set ~ for a CitY Scope shoot ~l~~\\, ~\i.l~ iii New logo, mtro and graphics Staff used the Avid editing system. to create a new intro for City Scope. They also put together a new logo and graphics to improve the overall look of the show. IIll An anniversary September 2002 represented the one year Ii1ark of producing City Scope on a weekly basis. Well over 300 stories about events, issues, and people in our comrmmities were produced by Aric and Katie. It's important to note that most of these stories were not covered by broadcast television, leaving the responsibility to cover truly local news to City Scope. In addition, each episode of the program includes 'a comrmJnity events segment called "What's Happening" and a tr:i,via question. ;' s'iX~;: ~~6~UCED PROG~'AMS">' -' - .~ " , The number of programs produced by staff is up for the fifth year. In fact, the increase over 2001 from 246 pro8x'ams produced to 2003's 304 programs is remarkable. This is particuI8rly . impressive as the sharing of our limited resources with the general public, makes it difficult to increase our oWput Credit should be given to the well organized and efficient use the staff makes of the tools available to them. ", " \:.2:.::'. 12 1_ ... 2lIlI1 Staff Programming IDgblights ta~ prodIIced Ily~ ~ 21102 . Chamber programs Becoming more involved with the business comnnmity was a stated goal of ours. Soon after joining three local chambers, we began woddng with . . . them to produce programs. First, Michele, often with the assistance ofT.]., tapes luncheon speakers for playback on the channel. Second, she produces the monthly talk show, Taking Care of Business. The program deals with issues facing the local business community. While the technical production is done by staff, Tom Snell of the Metro North Chamber of Commerce hosts the program, selects the content, and arran~ for guests. The Southern Anoka County and Lino Lakes Chambers have also been invi~ to produce episodes of the show. Host Tom Snelhnd pest on the set ofTaIdng Care of Business (~~1.:';" . Municipal event programs Many of the programs staff produce are related to municipal issues and events. Each year Kenton and Matt videotape parades and pageants related to Tower Days, Blaine's Blazin' 4th, and Fetes des Lacs celebrations. Aric and Katie worked with the Blaine and Uno Lakes police and fire depat. trnents to cover both of their Citizen Academy programs. They also worked with the yarious fire and police departments to covel training events andNational Night Out soirees. T J., with the assistance of Katie, put together entertaining <iocu-dramasof . the ~pring Lake Park, Uno ~ and Blaine Safety Camps. He also puts a great deal of energy into making sure the Anoka County Board meetings are as informative as possible, by including very detailed graphics outlining-the issue under current discussion along with what is coming up next, etc. TJ..also produced additional programs such'as the 2002 Anoka County Officer Memorial, various Town Meetings, and the cable commission meetings. Safety Camp partidpant 13 Representatives of the Rebuild Academy discuss the orgaoiza1ions serviees . Beginning in August, staff started covering election related events. T.J. put together the "Meet the Candidates," primary . election version and he and Michele taped the Gubernatorla1 debate .sponsored by the Metro North Chamber. This was followed-by the regular ~lection version of "Meet the Candidates." T.J. organized and taped statements from candidates for City Council, County Board, and County Sheriff. The three-minute statements were then organized . into a program. that gave viewers the opportunity to compare the platforms of their candidates for office. This ~ followed byTJ.'s coverage of Ham Lake's J::Qaratb.on "Meet the Candidates.>> Not to be outdone, Katie and Arie pitched in by taping a Candidate Fomm regarding health ~sues. II Viewpoint Katie produces and Aric hosts this monthly community issues talk show. We consider this program to be one of the primary services that the Media Center provides to local clubs, non-profits and other organi7.aDons. It provides a forom. for those groups to discuss their purpose and events to the entire cable audience. It is also a forom. for discussion of current events of importance to the North Me1ro area. Topics have included an Anoka County Sheriff candidate comparison, the most recent School District #11 referendum, the proposed Lino Lakes YMCA, the Rebuild Academy and the Anoka County Crisis Nursery. II Election coverage (~~": Gubernatorial Debate - .. High school sports analysis In addition to producing a wide variety of local high school and athletic association sporting events, Kenton also produces a couple of sports analysis programs throughout the year. Locker Room Live (10 episodes in 2002) is produced during the football season, and Home Court Advantage (11 episodes in 2002) is produced during the basketball season. Both p~grams include stats, interviews with players and coaches, and ~ghlights from the previous weeks' games. \,.. ';"'." 14 Kenton hos1ing Home Court Advantage -- ~-~----- (':\ Total Program Production Breakout II Programs . produced by public II Programs Produced by staff [] Programs produced by public not. using r.,edIa Center . Of the 1017 new programs that played on the channel-in 2001, 300A of them were produced by ~ (up 3% over last year) 22% of them were produced by the public utilizmg the Media ~, and (down 2% over last year) 48% of them were submitted by peQple who produced them with somebody else's equipment, referred to as OutSide programs in the monthly statistics (down 1 % over last year). the Outside progiamS 'c&tegory includeS programs produced by local schools, . cities, area churches, other area access centers, programs we download from satellite, such as the Classic Arts Showcase, national series such as ~e Army News, and state series such as the Environmental Journal. ~~\.:.... r:~%"';~' -\i~:(\'~~ ;.' COMlvfi'sSlON ISSUES. ".' J ~~, . Rate review AT&T Broadband filed two forms, a 1205 and a 1240, indicating to what level they intended to raise their rates for basic service, installation, and related equipment costs. The Commission opted to do a review, along with several other Commissions, of the company's justification for this increase. It was difficult to ,reach conclusions regarding cost" for local services, beca1.J.se the company de~es their costs bas~ on national' aVerages. In the end, compromises were ' made. The Commission passed resolutions stating that they neither approved nor denied the calculated rates, buttb.at1hey could function asa rate ceiling.. II Tr8nsfer of ownenhip Transfers of ownership are nothing new for the Commission. This particular transfer, from AT&T Broadband to Comcast, was however, the most intense. The company and legal counsel battled back and forth regarding whether :fimmc1al information did or did not need to be provided. This went on for months. For the first time in the history of the Commission, the recommendation :from legal counsel was to deny the transfer. The justification for the' recommended denial was related to the hypothesized financial. status of the new company. The Commission eventually approved the transfer. 15 .- III Cable modem service redesignated \. :. . In 2002 the FCC decided that high speed cable modem service was NOT a cable service,. but an interstate information service. This basically removed regulation of cable modem service from the locallevet The company stopped collecting and paying franchise fees on the serviCe. This did not have a huge budgetary effect on us, as we had not yet been upgraded for the provision of high speed data services. The Implications for future income is, however, huge. So far no rules have been made regarding how high speed data services are to be regulated. Many interested parties have filed comments encouraging the courts and the FCC to reconsider the new desigriation. II Arbitration issue It was determined that the provision in AT&T Broadband's Customer Notice Regarding Policies, Complaint Procedures & Dispute ResOlution eliminating subscnoers. right to. a jury trial to resolve cable re1ateddisputes was not in the best interest of the subscn'ber. The Notice basically forced subscn'bers to resolve their concerns through arbitration. In addition, the subscriber could only go through an arbitrator selected by the company. The company, however, could still take a subscn'ber to court. After many meetings, discusSions, and. letters both on the local and cotporate level the language of the Notice was changed. Both parties now must resolve conflicts through arbitration, but the choice of arbitrators is no longer as limited. II Customer service issues There has long been a concern regarding the customer service practices of AT&T Broadband. Staff and legal counsel began work: with the company to insure more meaningful reporting of \~i;.' telephone statistics and better customer service performance. . . II New Media Center discussioDS The longjoumey toward building Ii new Media Center began in earnest. A report was written outlining the need for the facility and presented to City Councils, research into possible. construction sites was initiated, and a resolution amending the Joint Powers Agreement that would allow the Con:nnission to own property was written and sent on to City Councils for their ~~ .' . Franchise renewal . After a little over five years of on-again off-again negotiations, the frustrated move to the formal negotiation process, and the simultaneous re-initiation of informal discussions, a franchise document acceptable to the Commission and Company was.bom. Among the highlights for the Commission, it provides for the continued support of cormmudty progra.rnrning, the upgrading of the Institutional Network, and the extension of cable service to certain areas that don't and probably won't reach the' density requirement any time soon. The document is considered to be valid through November 22,2017. . 16 " .. ~1~.;.: . SU'MMARY / This has been a very busy year, both for the Media Center and the Commission. In it, we reached our staffing goals, improv~ upon almost all of the numbers we measure to show success, upgraded our equipment to include non-linear editing, started the process to build a new facility, survived a heated transfer of ownership process, and :tinally, wrapped up the year with a new fifteen year franchise. We have learned a great deal from the franchise renewal process regarding expectations and needs of our commnnities. I believe we have accomplished many of the recommended changes and are positioned to continue to provide very responsive service to both the communities and cities we serve. Hopefully, 2003 will be as successful a year for community programming, and a ~h slower year for the Commission! 17 L_Cit;v ---.JL___ J)j~ Sla:ir.e I Dick SlEam 9136 H:IqB$ CJ:mt I Sla:ir.e, Jfi $M9. I (B) 7Ei3- "184-9G29 (W) Em-296-312O . I Pmc el-296-6135 I Bkl:ai1: ~hlRin:>nn.us . - ~ - .. -. - .._~--- L. _.-.:..._iL. _._._._._.~_.-1L._.__._._-l 0:r:lter:vJl1e I M:a:y Qp:a, 519 Sb 1810 PbK: Rn CS:d:a:v.i1le, Jfi 5!m8 (B) Em...e>>-1'732 m- nail: ~.a:m if ~ Rsdidl It' Em Sb 2IS ~RHi . Cl:r.c1e P.iDes, Jfi !Bl14 1 \tte __ _ ._ ~~~~.~nn~~.m.~_ __ I _.JL- _JL, . am Iake . DIar:e '11 ~ 1....~ 1,876 Sb :JB>29 CJ w'iIol In:ll'''A 1 S:. Nil am rake, Jfi snt. .(B)~ (W) Em-4r0-6756 Bkl:ai1: .nfnf~1.a:m I., _JL , l~ .. jl~~ I. __ _.' Jl_ ~._ _.__ __ LiD:> ~ llln ':D:s:h ax> 'Jl:Nl Cla:i::et' ~ LiD:> Ia'kes, Jfi 55l1O (W) Em-982-2404 ~ .1:im-Jakes.nn.US II .._ . B:lI::1Ev ~ ~ M:ple Stteet Nil ~ Iake BD:k, l".N 55/132 (B) 7Ei3-784-2949"- ':1~~. I .,-.______._......c .,__ _. _.___._._---..~__.........._._ _______.-.._.~__.___.___._ . I'.. I Cl:r.c1e P.iDes ., \;''j:~; '-- . ~ Ia'ke Paz:k ..... N:lI:t:h M::tm '1l:!l~.,nn:r;tn:I l'1::JnnIA!dtTI 2003 Dim::txr Iiist: arxi Vl:te Di~'hn(y'l It Sb/W:e JJi~'hn~...J 8,561 Sb 4 'WEB 1 \tte _J ~, ..1 1 \tte -- :'ll. .Il~: '--_J[L2:496 Si; 1 \tte ...... Jl 1,346 Sb -- --1 . . _1 I 1 \tte 18 ~ t.:::t' . Nxtb.Metm.~fhImI~ ~tTl$l'hnnitl"ee> I CeDtervDle :....J . I I Circle PInes --I ~.,. .,.....',. ."t~,.:~..\. L_ Ham Lake I LexfDgtoD l- LiDo Lakes -. - 19 !::'....:. 1.~;2.:. L_Name L~~ L or. .. I._v" Nxth M:t:ro M:Dia CS:1I:er S::aff _lL_ Posi!lo~. r~~~~ 20 . \'. s o N j ....","::_ 1:: '.,k . ~ .;:r ~,:",,,,,O fn :\(~:.' c:: o I e a. . ~~~!S!~;~~~~ =& ~;S""~N~t3~;;,r18 / ervi{{e ~1857 1880 !Mo:inStreet 0 CenteruiJ{eJ fM9l55038 (651) 429-j232 . ~ai((651) 429-8629 March 4, 2003 Mr. Rick: Kocinski . North Metro Media Center 16io - 101st Avenue Northeast Blaine, MN 55449-4419 . Dear Mr. Kocinski: Thank: you for your recent request for donation of the City's video cameras. I regret to inform you that the City Council requested that I contact you and inform you that they do not donate or contribute to local O~n17.atiOns. The City does intend on ntiH7.ing these cameras in some way in the near future. Again, thank you for your request. If you have any questions regarding this matter, .please feel free to contact me. Sincerely, I .. Moore-Sykes City Administrator '" " -- erviUe ~1857 1880 Main Street 0 Centeruilfe, fM9,(.55038 (651) 429-32.32 .!FOJ( (651) 429-8629 March 4, 2003 Mr. Dave Bonde 1217 Central Avenue Red Wmg, MN 55066 Dear Mr. Bonde:. The City recently received a copy of your letter forwarded by the Centennial Police Department in regards to a recent parking ticket that you reCeived in the City of Centervi11e. We do appreciate your suggestions of adding additional signage of the current parking restrictions/regulations within our City; however, it would be extremely costly for the City to place them within feet from each other on every street within the City. The City of Centervi11e is approximately 2.5 square miles with 84,480 feet of roadway. The City Council has taken the approach that placing these signs at the entrances into the community is sufficient. The current sigJ1age is made out of a reflective type of material similar to all other highway signage and is approximately 18" X 24". The City Council has also taken the approach that these restrictions/regulations are posted and published in several areas, such as the City's web site, previous newsletters and on the City's cable channel. The City is very generous in providing residents with parking permits for temporary parking on roadways within the community if residents provide information such as licensed owner, license plate information, year, make and model of the vehicle and stop by City Hall to obtain same. The intent of Ordinance #16 (copy enclosed for your reference) Section 4, Parking Regulations - #6 is to limit the amount of vehicles that 1'eJ118in. on the street for extended periods of time and allowing emergency vehicles ample room to maneuver their vehicles as deemed appropriate at that interval of time also. It is unfortunate that -you received a ticket during your visit within the City and we sincerely hope that your next visit is much more pleasant. If you desire to temporarily park on the street within Centervi11e again, please contact us at 651-429-3232 with the above stated information and we will issue you a temporary parking permit. City Hall hours are 8:00 - 4:00 p.m Monday through Friday. If I have not addressed your concerns our questions, please feel free to contact me. KMS/tdb " STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE ORDINANCE #16 AN ORDINANCE REGULATING THE USE OFIDGHW AYS WITHIN THE CITY OF CENTERVll..,LE, AND THE IMPOSING PENALTIES FOR THE VIOLAION THEREOF. The City Council of the City of Centervi1le, Minnesota, does ordain: SECTION 1. CARELESS DRIVING. No person shall operate or halt any vehicles upon a street or highway within the City of Centervi1le, Minnesota, carelessly or heedlesSly in disregard of the rights or safety of others or in a manner so as to endanger or be likely to endanger any person or property. SECTION 2. SPEED REGULATIONS. 1. No person driving a vehicle witbip. the City of Centerville shall drive the same at a speed ~er than is reasonable and prudent under the conditions and. having regard to the actual and potential hazards then existing. In every event speed shall be so restricted as may be necessary in order to avoid colliding with any person, vehicle or other conveyance on or entering the highway in compliance with legal requirements and the duty of all persons to use due-care. No person shall drive a vehicle at such a slow speed as to impede or block the normal and reasonable movement of traffic except when reduced speed is necessary for safe operation or in compliance with law. 2. No vehicle shall be driven thereon at a speed in excess of30.mi1es per hour on any street on which a different speed has not been established by the commissioner of highways under M.S.A., Sect 169.14. On any street where a different speed zone has been so established and signs have been posted calling attention to such zone, no vehicles shall be driven in the village at a speed greater than that indicated on such signs. SECTION 3. OPERATING AND TURNING VEIDCLES. Upon all highways within the City of Centervi1le of sufficient width, except upon one way . stree~.or except upon those with .tree traftic 1anes established and plainty marked thereon, the driver of a vehicle shall drive the same upon the right, half of the roadway and shall drive a slow moving vehicle as closely as possible to the right-hand edge or the curb of such highway, Unless it is impracticabl~ to ti:avel on such side of the highway and except when overtaking and passing another vehicle. No person shall stop or turn a vehicle or change from one traffic lane to another unless the same can be done with safety and without interfering with the normal flow of pedestrian and vehicle traffic, and if any .other vehicle may be affected, the intention to make such stop, change of position or turn shall be indicated by the driver by ,extending his left arm from and beyond the left side of . the vehicle in a manner specified by law or by using an approved and efficient device to give such warning and by giving an audible warning by sounding the.hom if necessary to warn pedestrians. Effective: 6/6169 City ofCenterville Ont. #16 SECTION 4. PARKING REGULATIONS. 1. Every vehicle parked upon any street with a curb shall be parked parallel to the cub and with the right hand wheels within 12 inches of the curb. On other streets a vehicle shall be parked to the right of the main traveled portion thereof and parallel thereto and in such a manner as not to interfere with the free flow of traffic. The foregoing requirements- shall not apply however, to any vehicle disabled upon any street, but any police officer of the City may require the person in charge thereof to move it to a place of safety; and if such movement is not made or if any motor vehicle is left alone or abandoned in any such position, the officer may provide for the removal of such vehicle to the nearest convenient garage or other place of safe keeping. 2. No person shall stop, stand or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control device, in any of the following places. . On a sidewalk. · In front of a public or private driveway. . WJ.th in an intersection. . WJ.thin 10 feet of a fire hydrant. . On a crosswalk. · WJ.thin 20 feet of a crosswalk at an intersection. · WJ.thin 30 feet upon the approach to any flashing beacon, stop sign, or traffic-control signal located at the side of a roadway. · Between a safety zone and the adjacent curb or within 30 feet of points on the curb immediately opposite the ends of a safety zone, unless a different length is indicated by signs or ma.1cings. · WJ.thin 20 feet of the driveway entrance to any fire station, within 75 feet of said entrance when properly sign posted. · Alongside or opposite any street excavation or obstruction when such stopping, standing, or parking would obstruct traffic. . · On the roadway side of any vehicle stopped or parked at the edge or curb of a street. · At any place where official signs prohibit stopping. 3. No person shall, for camping purposes, leave or park a house trailer on any street or the right of way thereof: 4. No person shall stop or park a vehicle on a street when directed to proceed by any police officer with authority to direct traffic. 5. No vehicle shall be parked on any street for the purpose of displaying it for sale. 6. No vehicle, except an emergency vehicle on an emergency ~ shall be parked on a street between 3:00 a.m. and 7:00 a.m. and no vehicle shall in any case be parked in any municipal parking lot for a longer continuous period than 48 hours. 7. No person shall turn a vehicle on any street where posted otherwise so as to reverse its direction. SECTION 5. THROUGH STREETS. The chief of police may designate any street as a through street and any intersection as a stop intersection where necessary to preserve the free flow of traffic and to prevent accident; and he shall post appropriate signs at the entrance to such streets or intersections; but no trunk: highway shall be desigTIaterl as a through street and no intersection on a tronk: highway shall be Page2of5 Effective: 6/6/69 CityofCentemue Ord. #16 designated-as a stop mtersection-uDless-the consent of the Commissioner of Highways to such designation is first secured. Every driver of a vehicle shall bring his vehicle to a full stop before entering any sop street or intersection properly designated and posted as such by the Commissioner of Highways or the chief of police. SECTION 6. DUTIES OF DRIVERS AFTER ACCIDENTS. 1. The driver of a vehicle involved in an accident resulting in injury to or death of any person or damage to any vehicle which is driven or attended by any person shall stop and give his name, address, and the registration number of the vehicle he is during and shall upon requests and if available exhibit his driver's or chauffeur's license to the person struck or to the driver or occupant of or person attending any vehicle collided with. He shall render reasonable assistance to any person injured in such accident. 2. The driver of any vehicle which collides with and damages any unattended vehicle shall immediately stop and shall then and there either locate and notify the driver or owner of the vehicle of the name and address of the driver and owner of the vehicle striking the unattended vehicle, shall report the same to a police officer, or shall leave in a conspicuous place in the vehicle struck a written notice giving the name and address of the driver and of the owner of the vehicle doing the striking. 3. The driver of a vehicle involved in an accident resulting in injury to or death of any person, shall, after compliance with the provisions of the state law and subsection (a) of this section, give notice of such accident by the quickest means of colJllllunication to the police department. 4. The driver of a vehicle involved in an accident resulting in injury -to or death of any person or total property damage to an apparent extent of $50 or more shall promptly forward a written report of the accident to the police department and the Commissioner of Highways. Such report shall be on the appropriate from approved by the Commissioner of Highways. SECTION 7. DRIVER'S LICENSE, VEmCLE OWNERSHIP. No person shall drive or operate a vehicle upon any street in the City without having in his possession, as required by the laws of the State of Minnesota, a valid driver's license or chauffeur's license. No person shall drive a motor vehicle belonging to another without the owners consent. SECTION 8. EQUIPMENT, USE OF. 1. No person shalldriv.e.oroperatea-motor vehicle on any street within the City unless such motor vehicle is equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise. It shall be unlawful to use a "muffler cut-out" on any motor vehicle upon any such street. 2. No vehicle shall be used upon any street in the City without lighting equipment, a windshield wiper, a rear vision mirror, a horn or other warning device, front and rear bumpers, and brakes as required by the state highway traffic regulation act~ Lamps shall be lighted at all times when any such vehicle is operated upon the streets of the City from a half hour after sunset to a half hour before sunrise and at any other time when there is not sufficient light to render persons and vehicles clearly discernible 500 feet ahead upon Page 3 of5 Effective: 6/6/69 City ofCenterville Ord. #16 the street, except that when a vehicle is parked upon the street during those hours, parking lights shall be lighted. SECTION 9. EMERGENCY VEHICLES. . The speed limitation of this ordinance shall not apply to vehicles when operated with due regard for safety, under the direction of police officers in the chase or apprehension of violators of the law or persons charged with or suspected of any 'such violation, or to fire departments of fire patrol vehicles when traveling in response to a fire alarm, or to public ambulances in emergency use or servIce. When a fire alarm shall be sounded or when the warning device of any emergency vehicle shall be sounded, all vehicles upon the streets of the City shall draw to the right side of he street and permit such vehicle to pass. No vehicle of any kind shall precede :fire apparatus to a fire using the same street that it is using. No vehicle shall follow :fire apparatus has stopped in answer to a :fire alarm. No vehicle shall be driven over any unprotected hose of a :fire department when laid down on any street or private driveway to be used at any :fire or alarm of fire, without the consent of the fire department official in command. SECTION 10. DRIVING UNDER THE INFLUENCE OF LIQUOR OR NARCOTICS. No person who is an habitual user of narcotic drugs or who is under the influence of narcotics or liquors shall drive or operate a vehicle on any street within the City, and no person shall consume liquor while an occupant of a vehicle upon any street in the City. SECTION 11. PEDESTRIANS. Pedestrians shall move when practicable upon the right half of crosswalks. Pedestrians shall cross streets in accordance with signals at. controlled intersectioIis. When traffic at intersections is not controlled, motor vehicles shall yield the right of way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the haIf of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger, but no pede$ian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield. No vehicle shall pass another vehicle that has stopped at a marked crosswalk or at an intersection for a pedestrian to pass. At any point other than a crosswalk or at an intersection. for a pedestrian to pass. At any point other than a crosswalk, pedestrians shall yield the right of way to motor vehicles. This shall not relieve the driver of any motor vehicle of the obligation to use due care. No person shall stand in the roadway for the purpose of soliciting. rides. Pedestrians walking upon a roadway shall walk near the left side of the roadway, giving way to oncoming traffic. SECTION 12. GLASS AND OTHER INJURIOUS SUBSTANCE ON HIGHWAYS. So person shall throw or deposit glass, metal, garbage, tin cans, or any other similar substance upon any highways, and anyone who drops or throws, or permits to b dropped or thrown any such destructive or injurious substance shall immediately cause the same to be removed. Any wrecked or damaged vehicle on a street shall be removed there from without unreasonable delay, and pending removal shall be guarded during the period when lights are required on vehicles with proper lights, equal in intensity to ordinary parking lights, or by red flares; and which Page 4 of5 .. . Effective: 6/6/69 CityofCenterville Ord. #16 . ~removed,llo glass" or irijUrloUs sUbstance Shall be left upon the street or roadway by the person removing the vehicle. SECTION 13. PENALTY. Any. person convicted of violating any of the provisions of this ordinance shall be guilty of a misdemeanor and shall be punished by a fine of not to exceed $100.00 or by imprisonment in the City or County jail for a period of not to exceed 90 days; but if a minimum fine or imprisonment is prescribed by the state highway traffic act for an offence, such penalty shall apply to a person convicted of the same offense under this ordinance. Adopted by the City Council this 6th day of June, 1969. ATTEST: (Signature on File) Gary Barott, Mayor (President of Council) (Signature on File) Roger J. Happy, Clerk Amended February 9, 1972 Published in the Blaine Life April 21, 1972 Amended March 28, 1984 Published in the Circulating Pines AprilS, 1984 Amended December 12, 1984 Published in the Circulating Pines January 10, 1985 Amended February 12, 1986 Published in the Quad Community Press February 2S, 1986 Amended January 14, 1987 Published in the Quad Community Press February 10, 1987 Page S ofS . 02/27/03 TBU 13 i 36 FAX 612 7S4 0082 CIRCLE POOS-LEX PD ..- CV CITY KALL 1ZI001 . CENTENNIAL LAKES POLICE DEPARTMENT 200 Civio Heights CirG1e Ciro1e PInes, lV:JN 55014 (763) 784-2501 Fa: (7153) 784-0082 FAX COVER SllBBT To: /' . {~.fdt- Attn: Fax #: From: ;w Date: 01 Time: IY!~~ Number of Pages, in.cluding Cover Sheet: ::;-. . . COlllments.-Instructions::C ~;.,. ~ .q ~ ~. dry ..- t (jiM ~".f'tIG -I- ~ 8M ~ - ~ Au..". t~ /lit f:1-v - y~ ~ The mf'otma1iOJ1 ooma.iDe4 fD ~ tacsimtte messa.ge may be prlvi1epd ltI1d CODfi~l It is for the tile of the ~ or cmtfty to 'Whmn it 'WII8 sat.. Jftbe pePOI1 who recoived. tbis cioca:dI.em is the fmmc:1ed rcdpjent. _ C!1 dWt:dbu1tou or ~ of~ ~""""",,mioati~ Ie prollibitBd. 1:f you have reeciv04 tbis CODm:IIIDioatiau fA mot. plcuo zaatify \18 by telephone &md :rtt\1In tbtl 0fIgi:Da1 message to 'WI ~1)". . . 02/27/03 TBU 13:37 PAX 612 784 0082 CIRCLE PINES-LEI PD ..- CV CITY HALL fZI 002 . , . . - Ano~ ~Olmty, . I am pay.f:ag t1ds fine 1D1der pvtestm.ent. Because of the BDl01lDf: of the fine, md m.y restcJaee, it wOllld be JDJ;>>re cost 0Jl my part to 8ght:lt. Why??1??'l . !!hor;'l!1111l'kod tIuo:eIsNO~;f81IJ1~~~~ ~IL - dlm Is a law. tli_~:ej: l,,~tt.w;~..mor. ~.i.or!fl1tOrI .,' i. .::..- ~ ..ahil6ea.Uld,ge.'MI~,,"__ of mchpl.l ~ ana p d1Ir.Iu.t the evmd:ug . around 7 and it "lIB dark out Bc6 my Jdtl.s leave for work earJf, so I clec:lded to . park on the street u a 'kIndnee. on 'II11'part so they do notme to .Dl.O'Ve lIlY veb:lde. At least 1011woald. have dioaght that I wcrald have gotten a wlll'Dfrtg lint. since the police of6.cer notked that I "lIS from ollt QftowD. . A.gm., post lIODle s1ps. . EspeGJaD.y whee I was M'IIt'h\g off ofCe&tanme road ("1) I would poeatlyappreciate a repJ,letter ~ your ftndinp aDd reaODS.' AgD1 trave'l'lq 60 plus mfleS md taIdng off a day of work to fight a a7.00 f.ia.e _. not worth it, a1fb.ou.gh I would love to Ight it. an _. I%!7 Ceufral Ave. .Red Wmg, MimI. 550615 RrJ~(:~~w ~'....: - lColit ...' Ct.Jd7m 4+ t-13, '- 9'1 .It/L'r!= (J-d - 00 ~ (( ~~ fEB 2 5 2003 Cv CElll'BU!l'\l ~ ..".~: ~.."!: . . ,............ -. ~. , . .~ .~ ", ww1fuJ . . ./,/00 wci . }M' ./7 ~~. Sf"" \:. W' . to . '. . . ... t to rJl ~.. . . ~ ~O\\ (y. . I . .. . ~. ffBc 2 . i 2OtU. CITY OF CENTERVILLE Monthly GambliDg Sum~ary . OrgIIn:~tionName: ~:~ ~G..va Grmhm,g Location: W:f'!>~ ~ \'t:'2141 MonthlY ear: c/ 0 ;, Name of Individual Completing Form: TeD PereeBt Net Profit CalculatlOD ~ ~ ~ ,CP1*r A Net Receipts - Total lines 2c, 3c, Be, 9c (per Scbedule A jfmore than one (1) site) B. Sums of Jines 22 thm 33 (per Schedule A jfmore than one (1) site) C. Line a -line b . MisceDaneous Deductions (for this site only) 1. PuBtab tax to distributor ~ 11 2. Combined receipts tax fur this site ~ 1~t.I ~-, <7.k~1:>'> 3. Federal Taxes (per schedule 00) 4. State Gambling Tax (per line 11) L Line e X SO'Aa 400At < ,t.\ ~ \ ') 10'At < 1,r::1 'J AMOUNT DUE ~ <'3~'; < \1to&.t ') Total MisceDaneous Deductions for this site D. E. F. Line c - line d List Receivers of fimdS/or attach a separate page Signature: PAYABLE TO TIIECITYOF CENTERVIILE .DUE ANNUAUY Q ORDINANCE. " CITY OF CENTERVILLE Monthly Gambling $nmmary . Olpni~tionName: . ~. ~a. ~ ~ T ~ ~..J ,[0'3 Gambling Location: MonthlY ear: NameoflndividuaI Completing Form: Ten Percent Net Profit Calculation' ~'\ \,.} ~, C'h . I A Net Receipts - Total Jines 2c; 3c, 8c, 9c (per Schec:iule A it D1()re than one (1) site) B. Sums oflines 22 tbru 33 (per Schedule A itmore than one (1) site) C. Linea-lineb Miscellaneous Deductions (for this site o~) 1. PuDtab tax to distributor III 2. Combined receipts tax for this $ite -' (, ~O fu1-~2 ~1l.( 1 --.l'1l5 D. E. F. 3. Federal Taxes (per schedule CID) 4. State Gambling Tax: (per line 11) 1 Total Miscellaneous Deductions for this site Line c - line d Line e X SOOA 40% < ?'45 ') AMOUNT DUE 'Z1t.it \iftJl) <~1>\1 <. 'l~) List Receivers offimdslor attach a separate page PAYABLE TO TIIE CITY OF CENTERVILLE *Dm: ANNUALLY AS PER ORDINANCE* 10% S~~~. MINNESOTA DEPAR11I:NT OF" REVENUE . MONl1I.Y SUlllARY and TAX RETURN (G-I) Lawful Gambling Activity Month and Year Premi~es JANUARY 2003 4 Address... " 19680 Harrow Avenue North. Forest Lake MN 55025 Attached: Schedule A Schedule B2 Schedule F 4 .24 1 Organization License 03800 . - Name" Dead Broke Saddle Club Schedule B-2 Game Count 285 . 1 Bingo. . ............. (A) Gross (B) Prizes (C) . . . . 1 0.00 0.00 2 Raffles [ ] Exempt, Schedule-ER . . . . . 2 3 Paddletickets. . . . . . . . . . . . . . . 3 4 SUB-TOTAL (Add Lines 1 through 3). . . . . 4 5 Last Month Line 6C, if it was negative ~ . 5 6 Adjusted Sub-Total (Line 4 minus ~1ne 5) . 6 7 Income from Interest and Dividends . . 7 8 Tipboards. 9 Pulltabs . . . . ...... .....8 ...... ....9 . . . . . . 0.00 5,970.0Q 5,97().00 0.00 5,970.00 17.21 0.00 294,358.00 0.00 5,771.00 5,771.00 5,771.00 0.00 237,426.00 Net 0.00 0.00 199.00 199.00 0.0'0 199.00 . 17.21 0.00 56,932.00 10 TOTALS (Add Lines 6,7,8,9) . . . . . . . .10 300,345.21 243,197.00 57,148.21 11 Gambling Tax (8.51 of Line 6C) . ............. .11 12 Combined Receipts Tax (Schedule E, Line 9) . . . . . . . . . . . . 12 13 PAY THIS ANQUNT (line 11 plus Line 12) Check to Department of Revenue. 13 . 14 14 Gambling Tax Paid to Distributors for pulltabs &. Tipboards . . 15 TOTAL Gambling Tax (Add Line$ 13 and 14) . . . . . . . . . . . . . . . . . . 15 16 GROSS PROFIT, After Taxes (Line lot minus Line 15) to line 17, page 2. 16 16.92 15,013.13 15,030.05 6,()68.25. 21,098.30 36,049.91 k r MINNESOTA DEPARTMENT OF REVENUE NONTHI.Y SUMMARY andTAXRE1URN (G-l) Page 2 Organization' License' Month and Year 038QO .. JANUARY 2003 17 Gross profit from line 16 of page 1~ . . . . . .' . . . . 18 Beginning Inventory (L~st Month Lin~ 21) . .. . . . . 19 Gambling Product Obtained, with Sales Tax. . . . . . . . 20 Goods Available (Line 18 pl~s Line 19) . . . . ~ . . 21 Ending Inventory (excludes Sales Tax). . . . .. . . 17 . . . . 18 . . . 19 · . . . . . . 20 t.... .21 22 Goods. Used (Line 20 minus Line 21) . . . . . . 22 . 23 . . . . . . . . . . 23 Compensation and Payroll taxes . . . . . .. . . . . . . . . . . 24 Penalty or Interest on Taxes paid during the month . . . .. .. .. 24 25 Advert i sing. .. . . .' . .. . . .. .. . . . . . . . 25 ............ 26 Accounting and Legal S,rvices. . . . . . .. . 26 . 27 . 28 . .. . . .. . 27 Miscellaneous Expenses, Supplies a Bank Charges. 28 Purchase/Repair of furnishings or Devices for Gambling . 29 Rent f~r the Purpose of Conducting Lawful Gambling . . . . . . .. . . . . . . ~9 30 Utilities. . . .. . . . .. . .. . . . . . .....~o . .. . ...... 31 Theft and Liability Insurance. . . . .. ............ .. . . . 31 32 Manager's Bond, Licenses, Local Fee, Premises Permit.. . " . . . 32 33 Cash Long(-) or Cash Short(+). . . .. . .. .. . . . . . . . . . . . . . . 33 34 DEPOSIT REQUIRED, Excess Cash Short Reimbursement(-) . .. . . .. . .. 34 35 Deposited Amqunt, E~cess Expense Reimbursement(-}. . . 36 TOTAl ALlOWABLE EXPENSES (Add Lines 22 through 35) .. .. 37 NET PROFIT (Line 17 minus Line 36) . . . . . .. . .. . .. . .. . ~ . . . 35 . 36 . . . . .. . . .. . 37 36,049.91 4,448.25 4,429.25 8,877.50 4,229.72 4,647.713 18,173.08 0.00 0.00 265.00 775.06 0.00 3,050.00 550.00 0.00 0.00 -42.50 0.00 0.00 27,418.42 8,631.49 38 Prior Month Profit CarrY-Over (L1~e 44 fr~ Last Month). . . . . . . .38 40,961.44 39 Approved' Adjustments (Attach letter and/or Add Line 5C if not zero). 40 BALANCE Sub-Total (Add Lines 37, 38 and 39). . . . . . . 41 Lawful Purpose Expenditures (Line 11 Schedule C/O) . .2 Board-Approved Expenditures (Line 13 Schedule C/O) . 43 Total Expenditu~es (Add Lines 41 and 42) . . . . . . .. . . . 44 PROFIT CARRY~OVER (Line 40 minus Line 43). .. . . . 46 FUNDS BALANCE DIFfERENCE from Schedule F, Line 22. . .. .. .46 . 39 . .0 -- . . . . . . .1 . . . . . . . 42 . 43 . 44 .' . . . 0.00 47 Pulltab & Tipboard UNSOLD TICKETs this month .. . . . .47 92,238.50 0.00 49,592.93 27.00 0.00 27.00 49,565.93 MINNESOTA JlEPARTIIENT . OF REVENUE ~. (.BlJNG ~IYI1Y Wgan~license Premise NUmber Premise Name . 03800 . 008 The Trio Inn Lines 1-10 an4 18-36 correspond to Form &-1 G-l SCHEDUlE A RECEIPTS. and EXPENSES Pal PREMISE R-eport Month/year ~y 2003 (A) 1 Bingo. . . . . .. . . . . . . . . . . . . . 1 2 Raffles [ ] Exempt, Schedule-ER . . . . . 2 3 Padd1etickets . . . . . . . . . . . . . . 3 4 SUB~TOTAL (Add Lines 1 through 3)~ . . . . 4 5 Proportional Patt, last Month G-l Line 6C. 5 6 Adj~sted Sub-Tot~l (Line 4 minus Line 5) . 6 7 Income from Inter~st and Dividends . . . . 7 .8 Tipboards. '. . . . . . . . . . . . . . 8 9 Pul1tabs . . . .'. . . . . . . . . . . . . 9 10 TOTALS (Add Lines 6 - 9) . . . . . . . . .10 Gross (B) Prizes ee) Net . 0.00 .0.00 0.00 0.00 a.oo 0.00 2,340.00 2,262.00 78.00 2,340.00 2,262.00 78.00 0.00 0.00 2.340.00 2,262.00 78.00 4.30 4.30 0.00 0.00 0.00 31,919.QO 25,687.00 6,232.00 34,263.30 27,949.00 6,314.30 18 Beginning Inventory (Last Montb Line 21) . . . . . . . 18 19 Gambling Product Obtai~, with Sales Tax. . . . . . . . . . . . . . . 19 20 Goods Avaf1ab1~ (Line 18 plus Line 19) . . . . . . . . . . . . . . 20 21 Ending Inventory (excludes Sales Tax).. . . . . . . . . . . . 21 22 Goods Used (Line 20 mfnus Line 21) . . . . . . . . . . . . . . . . . . 22 23 Compensation and Payroll taxes . . . . . . . . . . . . . . ... . . 23 ~4 Penalty or Interest on Taxes paid during the month . . . . . . . . 24 25 Advert i ~ 1 ng. . . · . . . . . . . . . . . . . . . . . . . . . . . . . . 25 26 Accounting and L~l Services. . . . . . . . . . . . . . . . . . . . . 26 27 Bank 'Charges and "isce1laneous Supplies I Expenses . . . . . . . . 27 28 PurchasejRepatr of Furnishings or Devices for Gambling . . . . . . . . 28 29 Rent for the Purpose of Conducting Lawful Gambling . . . . . . . . 29 30 Ut i 11 ties · · . · . . . . . . . . . . .' . . . . . . . . . . . . . . 30. 31 Theft and Liability Insurance. . .. . . . . . '. . '. . . . . . . . . 31 32 Man.ger's Bond, Licenses, Local Fee, Premises Permit. . . . . . . . . 32 33 Cash Long(-) or Cash Short(+). . . . . . . . . . . .. . . . . . . . . . 33 34 DEPOSIT REQUIRED, Excess Cash Short Re1mbursement(-) . . . . . . 34 35 Deposited Amount, Excess Expense Reimbursement(-). . . . . . . 35 36 TOTAL ~LOIIABLE EXPEISEStAddL ioes 22~hroughm35) . . . . . . . . . . 36 Line numbers correspond to the Tax Return (Form G-l) line numbers. Gss 7/99 1,230.58 481.92 1,712.50 1,194.97 517.53 3,176.21 0.00 0.00 66.25 193.77 0.00 800.00 .0.00 0.00 0.00 -7.00 0.00 0.00. . 4~746.76 - MINNESOTA DEPARTMENT OF REVENUE 'LMFUl GMBLItIi ACTIYI,TY , G-l$CHPUlE; A RECEIPTS and EXPENSEs PER PREMISE Organ. license Premise Number Premise Name 038qf) 012 IIise Guys Pi774! I Pub Lines 1-10 and 18-36 correspond to Fo~ G-l Report Month/year JANUARY 2~ (A) 1 Bingo. . · . ~ . . . . . . . . . . . . . . 1 2 Raffles [ ] Exempt, Schedule-ER . . . . . 2 3 Paddletickets . . . . .. . .. . . . . .. . . 3 4 SUB-TOTAL (Add Lines 1 through 3). . . . .. 4 5 Proportional Part, Last Month G-1 Line 6C. 5 6 Adjusted Sub-Total (line 4 minus line 5) .. 6 7 IncOme from Interest and Dividends. . 1 8 Tipboards. . . . . . . . .. . . . . . 8 9 Pulltabs . .. .. . .. . . .. . . . . . 9 10 ,TOTALS (Add Lines 6 ... 9) . '.o .. . . . . .10 Gross (8) 0.00 0.00 660.00 660.0Q 0.00 660.00 4.30 0.00 9,218.50 9,882.80 Prizes (C) .0.00 0.00 638.. 00 638.0Q 638.00 0.00 8,857.00 9,495.00 18 Begino109 Inventory (Last Montb Line 21) . . . . . . . .. . 18 19 Gambling Prpduct Obtained, with Sales Tax. . . . . .. . . . . . . 19 20 Goods Available (line 18 plus line 19) . . . .. . . .. . .. . . 20 21 Ending Inventory (ex~ludes Sales Tax). . '. . . . . . . .. . . . . . 21 22 Goods Used (Line ~O minus Line 21) . . . . . . . . . . . . . . . . 22 23 Compensation and Payroll taxes. . . . . . .. .' . .. . . . . . . . . .23 24 Penalty or Interest on Taxes paid during the month. . . . .. . . . 24 25, Advert i sing ~ .. . " . · . ~ ,. .. .o. . . ..'. . . . . . .. .. . . . . . . . 25 26 Accounting and Legal Services. . . . . . . . . . . . .. .. . . . .26 27 Bank Charges and Miscellaneous Supplies I Expenses . . .. . . . 27 28 Purchase/Repair of Furnishings or Devices for. Gambling. . . . . .. .. . 28 29 Rent for the Purpo~e of Conducting Lawful Gambling.. . . . . . . . 29 30 Ut i lit ies.. · . .. .. .. .. . . . . . .. . . . . .. .. .. . .. . . . . . .. .. 30 31 Theft and Liability Insurance. . .. . .. . . . . . . . .. . . .. . . 31 32 Manager's Bond, Licenses. local fe~, Premises Permit. . . . . . . 32 33 Cash Long( -) or Cash Short ( +). . . . .. ..o'. . .. . . . . . . . . . . . . 33 34 DEPOSIT REQUIRED, Excess Cash Short Reimbursement(-) . . . . . . . . . 34 35 Deposited Amount, Excess Expense Reimbursement(-). . . . .. . 35 36 TOTAL ALLOIIABLE EXPENSES (Add Lines 22 through 35J . . . . . . . . . .. 36 'Line numbers correspond to the Tax Return (Form G-l) line numbers. Gss 7/99 Net 0.00 0.00 22.00 22.00 0.00 22.00 4.30 0.00 361. 50 387.80 466.89 350.33 '817.22 513.34 303.88 2,309.86 0.00 0.00 66.25 193. 77 , 0.00 200.00 0.00 ' 0.00 0.00 -6.50 0.00 0.00 3,067.26 MINNESOTA "DEPARTMENT OF REVENUE - LMFUL GAMBLING ACtIVITY G-l SCHEDULE B-2 REPORT OF GAMES PLAYED, -LOS+- or DESTROYED License 03800: Dead Broke Saddle Club Premise 008: The Trio Inn Game Type PULLTABS'PLAYED Page 1 of_ ~ Report Month/year JANUARY 2003 MANUFACTURER's In-Play Ideal Ideal Unsold Gross Prizes IDEAL CASH Long Removed ID Part' SERIAL' Date Gross ~ Value Receipts Value NET Deposit -Short-DAtg AI PF607 TP 14021-MN GT 4694 GT 4409 &T 4690 AI PF639 TP 14315-MN AN 32490 -AN 324QO TP 14027-MH 550170 01/02 2999. 2313. 684. &027293 12/20 7968. 6298. O. 5467170 12/29 3038. 2338. O. 5359916 12/29 3038.. 2345. 1986. 5485115 01/16 3038. 2210. O. 380022 12/30 7998. 6298. 2796. G079152 01/18 3168. 2300. 1120. 2456414 01i17 3090. 2240. 822. 3450263 01/05 3Q90. 2240. 1268~ G014971 01/24 3168. 2300. o. 2315~00 1781.00 534.00 534.00 7968.00 6298.00 1670.00 1667.00 3038.00 2336.00 702.00 706.00 1052.00 1382.00 -330.00 -330.00 3038.00 2209.00 829.00 829.00 5202.00 4016.00 1186.00 1196.00 2048.00 1674.00 374.00 2268.00 2070.00 198.00 1822.00 1621.00 201.00 3168.00 2300.00 868.00 379.00 187.00 ~16.00 855.00 0.00'01/05 -3.00 01/10 4.00 01/15 0.00 01/17 0.00 01/18 10.00 01/21 5.00 01/22 -11.00 01/23 15.00 01/24 -13.00 01/31 Column I J K l M H TOTAL THIS PAGE, ......... .'. Line 16 8676. 31919. 25687. 6232.00 6239.00 7.00 Total from previous page ......... o. O. O. 0.00 0.00 0.00 TO TAX RETURN or to next page .... 8676. 31919. 25687. 6232.00 6239.00 7.00 Gss 07/99 MINNESOTA DEPARlMENT OF REVENUE LAIIFUl GMsLING ACTIYIlY G-lSCHEDUlE B-2 REPORT OF GAMES PLAYED, LOST or DESTROYED License 03800: Dead Broke Saddle Club Game Type Report Month/year Premise 012: Wise Guys Pizza & Pub PULLTABS PLAYED JANUARY 2003 MANUFACTURER's In-Play Ideal Ideal Unsold Gross Prl~es IDEAL CASH Long Removed ID Part' SERIAL # Date Gross Priz, Value Receipts. .Value NET DepQsit -Short ~ IG 7484 9004851 12/17 1548. 1151. 678. 870.50 792.00 78.50 72.00 -6.50 01/04 AI PF526 560135 12/23 2999~ 2318. 1481. 1518.00 1641.00 -129.00 -131.00 -2.00 01/05 IG 7588 9034482 12/16 3168. 2455. 1440. 1728.00 1709.00 19.00 10.00 -9.00 01/05 TP 14316-MN F812674 12/21 3168. 2430. 1976. 1192.00 1443.00 -251.00 -248.00 3.00 01/06 . AI Pf665 260076 ~1/15 3159. 2300. 799. 2360.00 1747.00 613.00 630.00 17.00 01/21 AN 32490 2456407 01/06 3090. 2240. 1540. 1550.00 1519.00 31.00 35.00 4.00 01/21 Page 1 of 1 Column I J K L M N TOTAL THIS PAGE .......... line 16 7914. 9219. 8857. 361. 50 368.00 6.50 Total from previous page ......... O. O. o. 0.00 0.00 0.00 TO TAX RETURN or to next page .... 7914. 9219. 8857. 361.50 368.00 6.50 Gss 07/99 MINNESOTA. DEPARTMENT OF REVENUE . &-1 $CHEDULE B-2 lAWFUL GAMBLING ,AqIYITY REPORT OF GAftfE:S PLAYED, Page 1 of 6 LOST or DESTROYED - - license 03800: Dead Broke Saddle Club Game Type'. Report MonthjYea.r Prem1se . 00$; The Trio Inn PADDLE TICKETS PLAYED JANUARY 2003 . MANUFACTURER' $ In-Play Ideal Ideal Unsold Gross Prizes IDEAL CASH Long Removed 10 Part I SERIAL' Date Gross Prize ~ Receipts Value NET Deposit -Short ~ate JM 30ITICKEl: 408268 01/03 30. 29. O. 30.00 29.00 1.00 1.00 0.00 01/03 S JM 30lTICKET 408269 01/03 30. 29. O. 30.00 29.00 1.00 1.00 0.00 01/03 S JM 30lTICKET 408270 01/03 30. 29. O. 30.00 29.00 1.00 1.00 0.00 01/03 S JM iOlTICKET 408271 01/03 30. 29. O. 3Q.00 29.00 1.00 1.00 0.00 01/03 .S JM 30lTICKET 408272 01/03 30. 29. o. 30.00 29.00 1.00 1.00 . 0.00 01/03 S JM 30lTICKET 408273 01/03 30. 29. O. 30.00 29.00 1.00 1.00 0.00 01/03 S JM 30lTICKET 408274 01/03. 30. 29. o. 30.00 29.00 1.00 1.00 0.00 01/03 S JM 30#TICKET 408275 01/03 30. 29. o. 30.00 29.00 1.00 1.00 0.00 01/03 S JM 30lTICKET 408276 01/03 30. 29. O. 30.00 29.00 1.00 1.00 0.00 01103 S JM 30lTICKET 408277 01/03 30. 29. O. 30.00 29.00 1.00 1.00 0.00 01/03 S JM 30lTICKET 4Q8278 01/03 30. 29. O. 30.00 29.00 1.00 1.00 0.00 01/03 S JM 30lIICKET 40$279 01/03 30. 29. O. 30.00 29.00 1.00 1.00 0.00 01/03 S .JM 30lTICKET 408280 01/03 30. 29. O. 30.00 29.00 1.00 1.00 0.00 01/03 S JM 30#TICKET 408281 01/03 30. 29. O. 30.00 29.00 1.00 1.00 0.00 01/03 S JM 30lTICKET 408282 01/03 30. 29. O. 30.00 29.00 1.00 1.00 0.00 01/03 S Column I J K L M N TOTAL THIS PAGE .......... Line 16 O. 450. 435. 15.00 15.00 0.00 Total from previous page ......... O. o. o. 0.00 0.00 0.00 TO TAX RETURN or to next page .... O. 450. 435. 15.00 15.00 0..00 Gss 07/99 MINNESOTA DEPARTMENT OF IJEYENUE G~l SCHEDUlE 8-2 lAIIFUL GAMBl.ING~TIYITY REPORT OF GAMES PLAYED, _Page_ 3 of ~ - - LOST or DESTROYED Lie-ens! 03800: Dead Broke Saddle Club Game Type Report Month/year Prelqise 008: The Trio Inn PADDLE TICKETS PLAYED JANUARY 2003 MANUFACTURER's In-Pl~y Ideal Ideal Unsold Gross Prizes IDEAL CASH Long Removed 10 Part , SERIAL , Date ...GI:u.!l. Prize VI: lue Receipts Value NET f)eposit - Short -Di:t.e JM 30'TICKET 408298 01/10 30. 29. o. 30.00 29.00 1.00 1.00 0.00 01/10 S JM 30lTICKET 408299 01/10 30. 29. o. 30.00 29.00 I.QO 1.00 0.00 01/10 S JM 30/TICKET 408300 01/17 30. 29. o. 30.00 29.00 1.00 1.00 0.00 01/17 S JM 30/TICKET 408601 01/17 30. 29. O. 30.00 29.00 1.00 1.00 0.00 01/17 S JM 30#TICKET 408602 01/17 30. 29. . o. 30.00 29..00 1.00 1.00 0.00 01/17 . S JM 30'TICKET 408603 01/17 30. 29. O. 30.00 29.00 1.00 1.00 0.00 01/17 S , JM 30'TICKET 408604 01/17 30. 29. o. 30.00 29.00 I.QO 1.00 0.00 01/17 S JM 30'TICKET 408605 01/17 30. 29. o. 30.00 29.00 1.00 1.00 0.00 01/17 S JM 30lTICKET 408606 01/17 30. 29. o. 30.00 29.00 1.00 1.00 0.00 01/17 S JM 30lTICKET 408607 01/17 30. 29. o. 30.00 29.00 1.00 1.00 0.00 01/17 S JM 30lTICKET 408608 01/17 30. 29. o. 30.00 29.00 1.00 1.00 0.00 01/17 S JM 30lTICKET 408609 01/17 30. 29. O. 30.00 29.00 1.00 1.00 0.00 01/17 S JM 30'TICKET 408610 01/17 30. 29. O. 30.00 29.00 1..00 1.00 0.00 01/17 S JM 30lTICKET 408611 01/17 30. 29. O. 30.00 29.00 1.00 1.00 0.00 01/17 S JM 30lTICKET 408612 01/17 30. 29. O. 30.00 29.00 1.00 1.00 0.00 01/17 S Co 1 UIRD I J K L M N TOTAL THIS PAGE .......... Line 16 O. 450. 435. 15.00 15.00 0.00 Total from previous page ......... O. 900. 870. 30.09 30.00 0.00 TO TAX RETURN or to next page .... o. 1350. 1305. 45.00 45.00 0.00 Gss 07/99 MINNESOTA DEPARTMENT OF REVENUE &-1 SCHEDULE B-2 lAIFUL' GAMBLING ACTIVITY REPORT OF GAMES PLAYED, Page 4.of 6 LOST or DESTROYED License 03800: Dead Broke Saddle Club Game Type Report Month/year Premise 008: The Trio Inn PADDLE TICKETS PLAYED JANUARY 2003 MANUFACTURER's In~Play Ideal Id~a1 Unsold Gross. Prizes IDEAL CASH Long Removed 10 Part I SERIAL # Date Gross Prize Va1u~ Receipts Value NET ~os1t -Short ~ JM 30lTICKET 408613 01/17 30. 29. O. 30.00 29.00 1.00 1.00 0.00 01/17 S JM 30lTICKET 408614 01/24 aO. 29. o. 30.00 29.00 1.00 1.00 0.00 01/24 S JM 30lTICKET 408615 01/24 30. 29. O. 30.00 29.00 1.00 1.00 0.00 01/24 S JM 30#TICKET 408616 01/24 30. 29. (). 30.00 ~9.00 1.00 1.00 0.00 01/24 S JM 30#TICKET 408617 01/24 30. 29. O. 30.00 29.00 1.00. 1.00 0.00 01/24 S JM 30#TICKET 408618 01/24 30. 29. O. 30.00 29.00 1.00 1.00 0.00 01/24 S JM 30lTICKET 408619 01/24 ~. 29. O. 30.00 29.00 1.00 1.00 0.00 0!/24 S JM 30'TICKET 408620 01/24 30. 29. O. 30.00 29.00 1..00 1.00 q.OO 01/24 S JM30lTICKET 408621 01/24 30. 29. O. 30.00 29.00 1.00 1.00 0.00 01/24 S JM.30lTICKET 408622 01/24 30. 29. o. 30.00 29.00 1.00 1.00 0.00 01/24 S JM 30'TICKET 408623 01/24 30. 29. O. 30,;00 29.00 1.00 1.00 0.00 01/24 S JM 30lTICKET 408624 01/24 30. 29. O. 30.00 29.00 1.00 1.00 0.00 01/24 S JM 30'T1Cl<ET 408625 01/2.4 30. 29. O. 30.00 29.00 1.00 1.00 0.00 01/24 S JM 30lTICKET 408626 01/24 30. 29. O. 30.00 29.00 1.00 1.00 0.00 01/24 S JM 30#TICKET 408627 01/24 30.. 29. O. 30.00 29.00 1.00 1.00 0.00 01/24 S Column I J K L M N TOTAL THIS PAGE .......... line 16 O. 450. 435. 15.00 15.00 0.00 Total from previous page ......... O. 1350. 1305. 45.00 45.00 0.00 TO TAX RETURN or to next page' .... O. 1800. 1740. 60.00 60.00 0.00 Gss. 07/99 . . ., NINNE.SOTA DEPARTMENT QF REVENUE' LAWFUL GAMBlING ACTIYITY &..1 SCHEDULE B-2 REPORT OF GAMES PLAYED. LOST or DESTROYED License 03800: Dead Broke Saddle Club Premise 008: The Trio Inn ~ag~5 o~ 6 Game Type Report Month/year PADDLE TICKETS PLAYED JANUARY 2003 MANUFACTURER's In-Play Ideal Ideal Unsold Gross Prizes IDEAL CASH 1on.g Removed ID Part I SERIAL I Date ~ Prize Value Receipts Value NET ~posit -Short Date JM 30lTICKET S JM 30'TICKET S JM 30lTICKET S JM 30#.TICKET S JM 30lTICKET S JM 30lTICKET S JM 30lTICKET S JM 30lTICKET S JM 30lTICKET S JM 30lTICKET S JM 30#.TICKET S JM 30#.TICKET S JM 30lTICKET S JM 30lTICKET S JM 30lTICKET S 408628 01/24 30. 29. 408629 01/24 30. 29. 408630 01/31 30. 29. 408631 01/31 30. 29. 408632 01/31 30. 29. 408633 01/31 30. 29. 408634 01/31 30. 29. 408635 01/31 30. 29. 408636 01/31 30. 29. 408637 01/31 30. 29. 408638 01/31 30~ 29. 408639 01/31 30.. 29. 408640 01/31 30. 29. 408641 01/31 30. 29. 408642 01/31 30. 29. Column TOTAL THIS PAGE .......... Line 16 Total from previous page......... TO TAX RETURN or to next page .... Gss 07/99 o. O. O. O. .0. O. O. o. o. O. O. O. o. o. O. I O. O. o. 30.00 29.00 30.00 29.00 30.00 29.00 30.00 29.00 30.00 29.00 30.00 29.00 30.00 29.00 30.00 29.00 30.00 29.00 30.00 29.00 30.00 29.00 30.00 29.00 30.00. 29.00 30.00 29~OO 30.00 29.00 J K 450. 1800. 2250. 435. 1740. 2175. 1.00 1. O() 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 . l.GO 1.00 L 15.00 60.00 75.00 1.00 0.00 01/24 1.00 0.00 Ql/24 1.00 0.00 01/31 1.00 0.00 01/31 1.00 0.00 01/31 1.00 0.00 01/31 1.00 0.00 01/31 1.00 0.00 01/31 1.00 0.00 01/31 1.00 0.00 01/31 1.00 . 0.00 01/31 1.00 0.00 01/31 1.00 0.00 01/31 1.00 0.00 01/31 1.00 0.00 01/31 M N 15.00 60.00 75.00 0.00 0.00 0.00 " MINNESOTA DEPARTMENT OF REVENUE LAWF1I. GANBLING ACTIVITY ' G-l SCHEDULE B-2 REPORT OF GAMES PLAYED, LOST or DESTROYED Page 6 of 6 License 03800: Dead Broke Saddle Club Premise 008: The Trio Inn Game Type Report Month/year PADDLE TICKETS PLAYED JANUARY 2003 Prizes IDEAL CASH Long Removed Value NET Deposit - Short ...Dill 29.00 1.00 1.00 0.00 01/31 29.00 1.00 1.00 0.00 01/31 29.00 1.00 1.00 0.00 01/31 MANUFACTURER's In-Play Ideal Ideal Unsold Gross ID Part.' SERIAL # Date Gross Prize I!lYg Receipts JM 30tlTICKET 408643 01/31 30. 29. o. .30.00 S JM 30t1TICKET 408644 01/31 30. 29. o. 30.00 S JM 30'TICKET 40864501/31 30. 29. o. 30.00 S Column I J K L' M N TOTAL THIS PAGE .......... Line 16 ,0. 90. 87. 3.00 3.00 0.00 Tota 1 from previous page . .'....... o. 2250. 2J75. 75.00 75.00 0.00 TO tAX RETURN or to next page .... O. 2340. 2~62. 78.00 78.00 0.00 Gss 07/99 " MINNESOTA DEPARTMENT OF REVENUE G-l SCHEDUlE B-2 LAWFUi. GAMBLING ACTIVITY REPORI0F GAMES pLAVED, Page 1 of 2 lGST or DESTROYED ----- -_.--- license 03800: Dead Broke Saddle Club Game Type Report MonthjYear Premise 012: Wise Guys Pizza' Pub PADDlE TICKETS PLAYED JANUARY 2003 MANUFACTURER's In-Play Ideal Ideal Unsold Gross Prizes IDEAl CASH long Removed ID Part I SERIAL , Date ~ Prize Value Receipt.s Value NET Deposit -Short ...Di.tI JM 30lTICKET 408505 01/05 ~. 29. O. 30.00 29.00 1.00 1.00 0.00 01/05 S JM 30lTICKET 408506 01/05 ' 30. 29. o. 30.00 ~9.00 1.00 1.00 0.00 01/05 S JM 30lTICKET 408507 01/05 30. 29. o. 30.00 29.00 1.00 1.00 0.00 01/05 'S JM 30lTI CKET 408508 01/05 30. 29. o. 30.00 29.00 1.00 1.00 0.00 01/0~ S JM 30lTICKET 408509 01/12 30. 29. o. 30.00 29.00 1.00 1.00 0.00 0~/12 S JM 30lTICKET 408510 01/12 30. 29. O. 30.00 29.00 1.00 1.00 0.00 01/12 S JM 30lTIOOT 408511 01/12 30. 29. O. 30.00 29.00 1.00 1.00 0.00 01/12 S JM 30lTICKET 408512 01/12 30. 29. o. 30.00 29.00 1.00 1.00 0.00 01/12 S JM 30#TICKET 408513 01/12 30. 29. O. 30.00 29.00 1.00 1.00 0.00 01/12 S JM 30lTICKET 408514 01/19 30. 29. O. 30.00 29.00 1.00 1.00 0.00 01/19 S JM 30#TICKET 408515 01/19 30. 29. O. 30.00 29.00 1.00 1.00 0.00 01/19 S JM 30#TICKET 408516 01/19 30. 29. o. 30.00 29.00 1.00 1.00 0.00 01/19 S JM 30#TICKET 408517 01/19 30. 29. o. . 30.00 29.00 1.00 1.00 0.00 01/19 S JM 30#TICKET 408518 01/19 30. 29. o. 30.00 29.00 1.00 1.00 0.00 01/19 S JM 30lTICKET 408519 01/19 30. 29. O~ 30.00 29.00 1.00 1.00 0.00 01/19 S Column I J K l M N TOTAL THIS PAGE .......... line 16 o. 450. 435. 15.00 15.00 0.00 ~ Total from previous page ......... o. o. o. 0.00 0.00 0.00 TO TAX RETURN or to next page .... O. 450. 435. 15.00 15.00 0.00 Gss 07/99 .. MINNESOTA DEPARTMENT OF REVENUE LAWFUl GMBLING ACTIVITY . G-l SCHEDUlE B-2 REPORT OF GAMES. PLAYED, LOST or DESTROYED License 03800: Dead Broke Saddle Club Premise 012: Wise Guys Pizza & Pub Page 2 of 2 Game Type Report Month/year PADDLE TICKETS PLAYED JANUARY 20.03 MANUFACTURER's In-Play Ideal Ideal Unsold Gro$S Prizes IDEAL CASH Long Removed 10 Part I SERIAL' Date Gross Pr1z~ Value Receipts Value NET Deposit -Short ~ JM 30lTICKET S JM 3alTICKET S JM 30lTICKET . S JM.30lTICKET S JM 30lTICKET S JM 30lTICKET S JM 30lTI CKET S 40852001/26 30. 408521 01/26 30. 408522 01/26 30. 408523 0.1/26 30. 40.8524 01/26 ~o.. 4o.~525 01/26 30.. 4o.8S26 0.1/26 30. 29. 29. 29. 29. 29. 29. 29. o.. a. o.. o.. o.. o.. o.. 30.00 29.0.0 30.00: 29.00 30..0.0. 29.0.0 30..0.0. 29.0.0. 30.00. 29.0.0. 30..0.0. 29.0.0. 30..0.0 29.00 1.0.0 1.0.0. LaO 1.0.0 1.00 1.0.0. 1.00 1.00. .1.00 1.00. 1.00 1.00. 1.00. Loa 0.00 01/26 0..0.0 01/26 0..0.0. 01/26 0..00 01/26 0.00 01/26 0.0.0 01/26 0..0.0 01/26 . Column I J K l M N TOTAL THIS PAGE .~........ Line 16 o.. 210. 203. 7.0.0. 7.00 0.00 450. 435. 15.0.0. 15.00 "- 0..00 Total from previous page ......... o. TO. TAX RETURN or to next page .... O. 660.. 638. 22.0.0 22.0.0. 0.00 Gss 0.7/99 "I_SOT A lAIflI. GMBLlNG Organization ~ __ Dead Broke Saddle Club stREDULE C/O t=e t~ lParuq~? .SCHEDUlE C: lawful Purpose Expenditures Approved Date of Check . . BY Organ Check Ihllllfugo Check Made OUt To: 12/15/2002 01/20/2003 7123 City of Lino Lakes City Tax Dee 02 Reason Benefits mg t.odI. M/F a(8) Almunt . 27.00 TQtal for ALL PAGES: 27.00 to Tax Retum L 1. 41. scHEouLE 0; Board Approved Expenditures NONE Approv8d Date of Check By Organ ~ tfuJm&r Check Made OUt To: Reason .IBCl Code Date Approved Amount By Board Tota 1 for ALL PAGES: 0.00 to Tax Return l iDe 42. I declare thi~ Schedule 15 complete and correct to the best of III.Y knowledge aDd belief" ~ive ~... · ~.' - --- Date $.""/1'-11') Gamb 1 tog /"..-,;, Manager ~~ Date l.- -/y-t!2;7 Ma11 to: GAMBlING CONlROl.. BOARD Suite #300 South 1711 lest COunty Road B Rosevi 11e. MN 55113 GIs 08/98 - . MINNESOTA DEPARlMEtlf OF REVENUE LAWFUL GMBLING ACTIVITY G-l SCHEQULE F GAMBLlfI; FUNDRECON(:ILlATION Qrganization "ame ' license Number Dead Broke Saddle Club 03800 fa-ling checking aecoynt : ' 1 End-of-~nth checking account balance from statements. 2 Deposits made during the month not included in line I . 3 Add 1i08s- 1 and 2 . . ..' .. . .. .. . . . . .. .. . . . .. .. . 4 Checks written during the month not inclu~ed in line 1. 5 RECONCILED BANK BAlANCE (line 3 mi~us line 4) . . . . . Other funds not included in Checking Balance 6 Starting banks for games . . 6a 8.300.00 Reimbursment after monthend. 6b 0.00' Monthend cash balance in star~ing banks. . 7 Total ending inventory (G-I line 21) . . . 8 Deposit after month-end for Games in G-l . 9 Total in Savings & Other funds.. . .'. .. . 10 Excess shortages (G-l~ 34) and prior reimbursement due for excess shortage's.. 10 0.00 Report MonthjYear JANUARY200~ . . I 103.336.24 .. . 2 6.735.00 .. . 3 110.071.24 . . 4 58.004.98 . . 5 52.066.26 6 8.300.00 7 4.229.72 8 0.00 9 0.00 II Fund loss. (lG-250) . . . . lla Refund Due (G-7430) . . . . lIb Open-G~ prizes,by check . lIe Prizes bought, not awarded. lId Other additions . .. . . .. .. lIe 0.00 0.00 0.00 0.00 0.00 Tota 1 11 0.00 .. 12 .. '.. . 13 12.529.72 64.595.98 12 Add lines f$, 7, 8, 9, 10, 11 . .. .. . . . . . . . . . 13 Add lines 5 and 12 . . . . . . . .. . . . . . . Unpa id Obligations and Open Ga. Depos its 14 Tax from G-l line 13 and any prior months taxes. . . . .. ..... .. 14 15.030.05 0.00 15 Deposits for games still in play. . .. .. . 15 16 loaned amounts included in bank statement. 16 0.00 17 Product part of unpaid invoices. . . . . . 17 0.00 0.00 .. 19 15.030.05 18 Other subtractions . . . 19 Add lines 14 through 18. ..... . . . . 18 . . .. GAMBLING FUNDS RECONCILIATION 20 GAMBlING FUND BALANCE (line 13 minus 19) . . . . . . . . . 20 21 PROFIT CARRY.OYER (from Form G-1 line 44). . . . . . .. .. .. 21 22 FUND BALANCE equals PROFIT CARRY-OVER, Difference. . 49.565.93 49~565..93 . 0.00 . 22 Signature ~A rJ. of Preparer ~~T W wu..~ Gss 7/99 ~Date . Igjo~ 612/464-7225 /~ i~ ' {r ".. ffB2 4-2003 CITY OF CENTERVILLE Monthly Gambling Summary Orgoni7aliou Name: S" r ..::::J A..1f-~ ~I: L..~ ~ Gambling Location: t: J- !!:J ~ k;, ""-- --~ MooIhIYear: ':r?.......-.:..s tIJ ill . Name of Individual Completing Fo~ . ~ ~~ r~€~ Ten Percent Net Profit Calculation A Net Receipts ..:. Total lines 2c, 3e, 8e, 9c (per Schedule A if more than one (1) site) B. Sums of Jines 22 tbru 33 (per Schedule A if mOre than one (1) site) C. Line a -line b Miscellaneous Deductions (for this site only) , $'4/.1.' ()O ! . "q".OD 21tJG. fJO 1. Pulltab tax to distributor to 72. at) 2. Combined receipts tax for this site 1 dC' .00 3. Federal Taxes (per schedule C1D) - 4. State Gambling Tax (per line 11) :?t::I",OO D. Total Miscellaneous Deductions for this site ~ i!J1"1.(Jo E. Line e -line d .c :z 7'1 'i. , tI F. Line e X 50% AMOUNT DUE ~ 13 'It) 00) 4()OJO < 54/'" ') . List ~ers offundslor'attach a separate page 10% < J:?7:/ PAYABLE TO TIIE crrY OF CENTERVllLE "'DUE ANNUALLY AS PER ORDINANCE'" Signature: ~ f'~AA /?~~ "" , MINNESOTA Department of Revenue Month"ly Lawful Gambling Activity Summary and Tax Return G-1 0tganizatJ0n LIcense Number 00584 OrganJzatlon Name SPRING LAKE PARK UONS CLUB Number of pul/lab and paddJetJcket games reported on Schedule 8-28 for the month: ThIs tetum Includes (check): FT8/n numberof pages below each schedule: Month and year reported 1/2003 SI1eet (Address) B433 CENTER DR. CIly SPRING LAKE Number of premises 6 State "" ZIp Code MN 55432 Check If: { J this Is an amended tetum { J you had no gambling actIvify [ J Schedule 8-2 { J have you an eldansIorJ to file { J this Is your finaJ tetum { ] Schedule F 872 { J Schedule A Column A Column B Column C g1D88 receipts prizes net receipts 1 Bingo 1 0.00 0.00 0.00 2 Raffles (if exempt raffles were conducted, check here [ J and complete Schedule ER 2 0.00 0.00 0.00 3 Paddletlclcets 3 370635.00 323019.00 47616.00 ( 4 Add lines 1 through 3 4 370635.00 323019.00 47616.00 6 if Une Be of last month's Form G-1 is negative, list it In columns A and C 6 0.00 0.00 6 Subtract line 5 from line 4 6 370635.00 323019.00 47616.00 7 Income from Interest and cflVidends(fiIl in same amount In columns A and C) 7 0.00 0.00 8 npboards 8 0.00 0.00 0.00 9 Pulltabs 9 510732.00 415020.00 95712.00 10 Add lines 6 through 9. Une 10e is your g1D88 profit for the month 10 881367.00 738039.00 143328.00 11 Multiply line Be by .085 (8.5%) (if Une Be is a negative number, fill in zero here) 11 4047.36 12 FiU In the amount of combined receipts tax, If any (from line 9 Schedule E) 12 26047.34 13 Add lines 11 and 12, and PAY THIS AMOUNT. (Make check out to Department of Revenue) 13 30094.70 14 Total 1. 7 percent tax paid during the month, If any (Usted on distributors invoices for pulltabs and tlpboa<<!B) 14 9044.99 15 Add lines 13 and 14 16 39139.69 16 GROSS PROFIT after state taxes (subtract lint!' 15 from One 10e) Fill in the result here and also on line 17 on the back of this form. 16 104188.31 I declare that aI/Information on this summary and tax retum is true, correct. and complete. Slgna1w8 of chief executive offictIr Dete Slgna1w8 of gambling manager Date Preparer's signature Dete DaytIme phone Preparer's ID number Mail this summary and tax retum and attachments to Minnesota Department of Revenue, Mall Station 3350. St Paul, MN 55146-3350 6001000 (Rsv. 07199) Mblesata Gambler . " l . G-1 page 2 SPRING ~E PARK LIONS CLUB ,- ---~--- -U- Amount from line 16 on the front of this form Inventory 18 Beginning Inventory (from line 21 of last month's Form G-1) 19 Cost of gambling equipment obtained during the month. (Include sales tax, but do not Include the 1.7 percent tax listed on dtstrlbutor's Invoices) 20 Add lines 18 and 19 21 ending Inventory (dollar value on the last day of month; do not Include sales tax or 1.7 percent tax listed on distributor's Invoices) . 22 Total value of the gambling Inventory sold (subtract line 21 from line 20) . Expenses paid during the month 23 Compensation and payroll taxes 24--F!enaIty and interest you paid on taxes, Including payroll taxes, on any Form G-1 or Schedule C since beginning gambDng activities 25 Advertising 26 Accounting services for lawful gambling tax forms, annual audit or review, and qualifying legal work 27 Bank service charges; offtce supplies; lodging, meals and transportation for lawful gambling classes conducted by state agencies; and mlsceJlaheous expenses 28 Purchase and/or repair expenses for offtce furnishings and offtce equipment used for gambling, and devices used for gambnng 29 Rent for conducting lawful gambnng 30 Utilities used for conducting lawful gambling 31 Theft insurance and the amount permitted for liability InS!Jl8l1ce 32 . Local government Investigation fee aQd cost for new or renewed gambling manager's bond, gambling managers license and premise permits 33 Cash long or cash short (If cash long, put parentheses around the amount) 34 Reimbursement for excess cash shott (ThIs Is a negative amount) 35 Reimbursement for negative expense calculation (This Is a negative amount.) 36 TOTAL ALlOWABLE EXPENSES (add lines 22 through 35) Expenses paid during the month 37 NET PROFIT after state taxes (subtract line 36 from line 17) 38 Profit carry-over from last month (from line 44 of last month's Form G-1) 39 Approved adjustments. (Attach state agency letter of approval.) If an amount was listed on line 5c, Include It as a positive number In the amount listed here - .iIO Add lines 37 through 39. 41 Lawful Purpose expenditures (from FormLG1010 Schedule C/O) 42 Board-approved expen~ltures (from Form LG1010 Schedule C/O) 43 Add lines 41 through 42 44 PROFIT CARRYOVER for this month (subtract line 43 from line 40) (Una 45 has been eliminated from Fotm G-1) 46 difference between gambling fund balance and profit carryover (amount from line 22 of Schedule F;lnclude parentheses, if any) 47 Total dollar value of unsold tickets from pulltab and tlpboard games '~rted on Schedule B-2s for the month 46 1/ 2003 17 104188.31--~--- 18 9685.59 19 20 13816;94 23502.53 21 8887.27 22 14615.26 23 57939.30 24 0.00 25 0.00 26 0.00 27 15990.06 28 0.00 29 5900.00 30 0.00 31 0.00 32 0.00 33 836.00 34 ' { O.OO} 35 { O.OO} 36 95280.62 37 8907.69 38 189034.08 39 0.00 40 197941.77 41 38304.70 42 0.00 43 38304.70 44 159637.07 . . 9302.25 44351.00. 47 6001000-2 (Rev. 07199) MInnesala Gembler MiNN"ESOT A Department of Revenue Receipts and Expenses Per Premises G-1 Schedule A OrganIzatIon LIcense Number PremIses permit number PremIsesName 00584 8-00584-01 0 KELLY'S KORNER Month and year reported 1/ 2003 Column A Unes 1-10 correspond to Form G-1. gross receipts 1 Bingo 1 0.00 2 RafIIes 2 0.00 3 Paddletfckets 3 5785.00 4 Add lines 1 through 3 4 5785.00 5 If line 6c of last month's Form G-1 or Schedule A Is negative, list (without parentheses) In columns A and C 5 0.00 6 Subtrad line 5 from line 4 6 5785.00 7 Income from interest and dividends (fill In same amount in columns A and C) 7 .0.00 8 Tipboards 8 0.00 9 Pulltabs 9 39535.00 Column B prizes 0.00 0.00 5426.00 5426.00 Column C net receipts 0.00 0.00 360.00 360.00 5426.00 0.00 360.00 0.00 33354.00 0.00 0.00 6181.00 10 Add lines 6 through 9. Une 10c Is your gross profit for the month 10 45320.00 There are no lines 11-17. Unes 18-36 correspond to Form G-1. 18 Beginning Inventory (from line 21 of last month's Form G-1) 19 Cost of gambling equipment obtained during the month. Onclude sales tax, but do not include the 1.7 percent tax listed on distributor's Invoices) 20 Add lines 18 and 19 21 Ending Inventory (dollar value on the last day of month; do not include sales tax or 1.7 percent tax listed on distributor's Invoices) 22 Total value of the gambling equipment sold (subtrad line 21 from line 20) 23 Compensation and payroll taxes 24 Penalty and Interest you paid on taxes, Including payroll taxes, on any Form G-1 or Schedule C since beginning gambling activities 25 Advertising 26 Accounting services for lawful gambling tax forms, annual audit or review, and qualifying legal work 27 Bank service charges; office supplies; lodging, meals and transportation for lawful gambUng classes conduded by state agencies; and miscellaneous expenses 28 Purchase and/or repair expenses for office furnishings and office equipment used for gambling, and devices used for gambling 29 Rent for conducting lawful gambling 30 Utilities used for conducting lawful gambling 31 Theft insurance and the amount permitted for liability Insurance 32 Local government investigation fee and cost for new or renewed gambling manager's bond, gambling managers license and premise permits 33 Cash long or cash short (If cash long, put parentheses around the amount) 34 Reimbursement for excess cash short (This Is a negative amount) 35 Reimbursement for negative expense calculation (ThIs Is a negative amount) 36 TOTAL ALLOWABLE EXPENSES (add lines 22 through 35) 38779.00 6541.00 &001010 (Rev. 07199) 18 799.84 19 601.78 20 1401.62 21 715.25 22 686.37 23 3687.64 24 0.00 25 0.00 26 0.00 27 840.18 28 0.00 29 1000.00 30 0.00 31 0.00 32 0.00 33 82.00 34 ( 0.00) 35 ( 0.00) 36 6296.19 MInnesola Gambler ~.... ~ ,.,." ., ., .. -ervi({e- ~1857 1880 Main Street e CenterrJille,M!J.l55038 (651) 429-3232 e1'a;c (651) 429-8629 ~ March 6, 2003 Mr. Roberta Wntb. 7065 Eagle Trail Centerville, MN 55038 Dear Ms. Wntb.: As you are aware, the City Council of the City of Centerville provided you with an opportunity to appeal the deeming of "Baby" as a "Potentially Dangerous Animal" at their February 26, 2003 Council meeting. As you are also aware the City of Centervi1le and/or Centennial Lakes Police Department has provided you with the following information: . Letter dated January 21, 2003 "Declaration of a Dangerous Dog" . Ordinance #24 - Confinement, Licensing and Care Relating to Animal Control . State Statute 347.515, 347.52, 347.53 . Letter dated February 18, 2003 . State Statute 347.50 Enclosed for your reference, are the City Council's motions regarding the deeming of "Baby" as "Potentially Dangerous" and requirements that you must follow regarding ''Baby's" requirements to remain in the City of Centerville. Please find the attached minutes and Section 24.18 Dangerous Animal or Potentially Dangerous Animal Requirements of Ordinance #24. All of these requirements must be met within (30) thirty daYs,.(March 31, ,2003) as discussed at the meeting and proof provided to the City. Council desired to give you ample time to fi11fill these requirements and extended additional time to you that what is referred to in Ordinance #24, Subdivision I, Seizure. If you do not comply With Ordinance #24 requirements, your animal may be seized by the Centennial Lakes Police Department. If you have any questions or concerns, please feel free to contact me or City Attorney, Mr. Tun Hoeft at (763) 783-5122. if~- A City= M KMSItdb Ene. ~ I > I j ~ Cenfmrille City Council Meel:iDg Minutes Febmary 26, 2003 v. A WARDSIPRESENTATIONSlAPPEARANCES 1. Lifetime Achievement Award for 2001 - Mr. Robert LaMotte Council Member Capra indicated that Mr. Robert LaMotte would not be able to attend to receive his award as he is ill and indicated that his SOD, Mr. Alan LaMotte would be accepting the award on.his &thef'S behalf Council Member Capra provided a background history for Mr. LaMotte and read his list of many accomplishments within the community. Mayor Sweeney presented the Mr. Robert LaMotte's Lifetime Achievement Award to Mr. Alan LaMotte. Mr. Alan LaMotte accepted the award on behalf of his fhther and thanked the Committee and the City for the award, saying it was an honor for his tather to be recognized. 2. Lifetime Achievement Award "S.l)eCial RecQgnition" for 2001 - Mr. Wayne LeBlanc Council Member Capra provided a brief history of Mr. Wayne LeBlanc and provided his list of involvement within the Community. . Mayor Sweeney presented the Lifetime Achievement Award, "Special Recognition" to Mr. LeBlanc. Mr. LeBlanc thanked the City for the recognition and said it is a pleasure to work in such a great community. He then said that many good things have been done but there is still a lot to do with upcoming development and potential redevelopment and asked the City to remember to preserve open space for the future when maldl\g decisions on the developments. e3. Ms. Roberta W'Jrth - Pntentia11y Da1tgarous Dog Chief Hec1cman provided an overview of the events ~g_up_ to tIJ.e declaration of "Potentially Dangerous Dog". ChiefHec1rman indicated that the police report reflects that two individuals were wa1king down Eagle Trail and there was a dog that. came out into the street and.bit a person on the right leg and left three gouges. The officer ca1led to the scene spoke to the owner of the dog and the owner stated that she was aware that the dog had just bitteD someone and bad stated that the dog was called out and ran toward the individual. The'owner also stated that the dog does not know the difference between the road and the yard. ChiefHec1cman indicated that the follow up with the victim indicates that the dog ran out of the garage across the street and bit her in the leg. She was on the east . side of Eagle Page 3 of20 " V "c-I CenterviJle ~ Council MeetiDs Minutes FebmaIy 26, 2003 'j Trail and the dog ran across the street. He then said 'that. per state statute, the dog~ under the pot.enti~l1y dangerous dog definition and notice was sent. Ms. Roberta Wutb, 7065 Eagle Trail, said this is ridiculous and not true. She:,~ explained that the dog was provoked. She then said that the officer thatcanietO:her house.Was told that the dog was kicked and he said "I would kick a dog too:i:ritcame barking at me." Ms. Wntb. indicated that, per state statutes, when a dog bites when unprovoked it should be declared potentially dangerous but that is not the case as the dog was provoked. Site then stated that the couple stopped in ftont of the house and yelled to the dog while making eye contact with it. She also said that her son saw the man kick the dog. Ms. WIl'th indicated that the person who was bitten lives directly behind her but went the long way home so the individual could not have been too teIn'b!y injured. Shethep commented that this situation has caused a great deal of stress for them as the couple.1las called her and threatened to take her house and said they were going to put a lien on ,hen- house. She also indicated that the woman was given $1,000 by her homeOwnefs insurance. Ms. Wntb. commented that this has been very stressful as it was during a time .when her mother waS very ill and her mother passed away last week. Ms. Wuth provided a picture of her dog iDd,cati1\8 the dog is a 9 or 10 pound Jack: Russell Terrier who is sweet and gentle and plays with anywhere ftom 1 to 5 children every day and has never bitten. anyone. She also provided information ftom the:rnte.rn.et that listed the requirements for a potentially dangerous dog and her dog does notDieet,~ definition because she was provoked. Ms. Wntb. indicated that the letter sent by the police department to notify herwas..~ certified mail but she did not pick it up as it was not clear who the letter was ftom.and.s~ mistakenly thought it was another real estate solicitation. She then said that wheJl she'.'~~ attempt to obtain the letter ftom the post 'office they had lost it. She further cOJmnented that the police threatened to take the dog because she had not been made aware of ~e requirements because she had not received the letter. Ms. Wntb. indicated she bas been fined, the person bitten has received $1,000 ftom her insurance company and the dog was off her property by 6 inches for 30 seconds. She then said that nothing would ~ve happened had the couple kept walking and not provoked the dog to run into the street to be kicked. Ms. Wnth indicated she has a 6-foot fence in her back yard and a kennel that would meet the requirements as well as a $300,000 public liability insurance policy. She then said that the dog is normally in the backyard or on a leash and has never bitten anyone and she does not want "Baby" to be given that label as she has been through enough with the lawsuits and threats from the police. Page 4 of20 ,~ Cen1erville CiV Council MeetiDg Minutes February 26.2003 Council Member Lee commented that the gentlemen kicked the dog, but the lady was bitten and had not provoked the dog. Ms. Wirth commented that the statute states.,"ifthe dog is provoked" and she was provoked. Council Member Broussard ViCkers asked for clarification on the dog being, provoked whether it was the eye contact or Dndi1lg in front ofher house. Ms. Wirth indicated the dog being kicked was the provocation. She then said that the dog barked at them and was kicked. Mayor Sweeney asked if the dog was kicked before the bite. Ms. Wuth indicated the dog was kicked before it bit the woman and the officer was told that. Council Member Paar said he was sorry about the unfortunate circumstances Ms.' W~ bas been experiencing but said that mJl1ring eye contact with a dog should not provoke it to bite. Ms. Wnth indicated the eye contact did not provoke it to bite but the eye Qo.nta<< made the dog run out to the street barking and the man kicking the dog provoked the' blte~' She further commented that she walks around the City and when a dog runs out barking you keep walking 8Jld do not stop and stare at the dog and then kick it. . Council Member Broussard Vickers commented that the dog was not vaccinated. Ms. Wuthindicated the dog was vaccinated as a puppy and was due fOr shots. Council Member Broussard Vickers commented that the dog was also not licensed. Ms. Wuth indicated she had a license that was good for the life of the dog. Council Member Broussard Vickers explained that one license is good for the life of one dog and could nOt be used for all subsequent dogs in the household. Ms. Wnthsaid sh~ understands that now and apologizes. She then said that the dog is licensed andSheh8.S paid a fine for that. Couneil Member Paar asked whether the dog had been tested or observed for rabies. Ms.; Wuth indicated the dog does not have rabies and commented that it lives in her house ane:t sleeps with her children. Council Member Capra said she was sorry for what Ms. Wuth has gone through and she understands, as she lost her mother in September. She then said that her son was the victim of a dog bite from a dog that she never would have questioned and he took the top ofher son's ear of[ She:fbrther commented that the fBet is the dog ran into the street and it bit someone and that, in her opinion, makes it a porenti~y dangerous dog. She then said that whether or not the dog was provoked, the dog did bite someone. Council Member Lee indicated thatkieking the dog could have been in self-defense. Ms. WIrth indicated that state,statute states that the dog can be declared potentially dangerous only if it bites unprovoked. Page 5 of20 Centenille ~ Council Meeting Minutes Febmary 26, 2003 city Attorney Hoeft indicated the Chief had given the definition of potentially dangetous dog. and this dog meets one or twO requirements, so there is no question that the determination of Council will follow the recommendation of the Chief as well as state statute. Council Member Broussard. Vickers indicated that the size of the dog does not matter. She then commented that Ms. Wnth has several of the required items already and declaring the dog potenti~ly dangerous and requiring the fenced backyard, kennel, and insurance, as well 88,. requiring that the dog be under the control of an adult when <>it leash should not pose an undue hardship on Ms. Wll'th. . Mayor Sweeney commented that l1mni1\8 away from a dog or not stopping could provQke the dog to attack and tbat may be why the people stopped when the dog approachedthein. Motion bv CODm Member Lee. seconded bv CODm Member Broussard Vickers ~ uDhold the deteJ'min_tiAa of the muifieation ofpotenti-"'" d_ntrerous dOL AU in favor. Motion earried nn-nimouslv. Chief Hec1cman indicated that State Statute 347.515 requires a microchip be implanted for identification. Motion bv CODm Member Broussard VJekers. seconded bv CouneD Member Pur th_t the DOtentially dan.eMus dOt! have a Droner enelOSllre. the OWDer Drovide and show Droef _nnually of ,ubJie IiabDitv insurance. when on ........ be Deter the control of someone 16 van of He or older. and tIt-t the OWDer Drovtde Droof.r microchio identification as ,rol1.ded bv state statute. AD in favor. Motiondnied nn-nimouslv. VL PUBLIC HEARING(S) None. VB. BUSINESS 1. Resolution #03-011 - Wtseguy's P1'7.7.9 and Pub Adminim-ative Fine Mayor Sw~ey read a letter from the Police Department concerning the failed compliance checks by Wiseguy's Pizza and Sager's Liquor. He then .indicated that both businesses would be fined $500. Motion bv CODciI Member CaD"" seconded bv Council Member Broussard Vickers to aDDrove Resolution #03-011. AD in favor. Motion carried un_nimously. Page 6 of20 " - ---. City of Centerville Ord #24 Bffecti.ve: 10/27/99 hearing. The records of the ammal control or City Clerks office sha1l be admiRSible for consideration by the animal control officer without further foundati9n.. After considering all evidence pertaining to the temperament of the animal) the City Council shall make an order as it deems proper. The City Council may order that the animal control officer take the 3ftimal into custody for destruction, if such animal is not currently in custody. If the 3-nimal is ordered into custody for destruction, the owner sha1l immediately make the animal available to the animal control officer. (4) Ifno appeal is filed, the orders issued will stand and the animal control officer may order the animal destroyed. (5) No person sha1l harbor an animal after it has been found by to be dangerous and ordered into custody for destruction. 24.17 Notification of New Address. The owner ofan anim" which has been identified as dangerous or potentially dangerous must D.OtijJ the animal control officer in writing if the animal is to be relocated from its current address or given or sold to another person. The nQti:fication must be given in writing at least fourteen (14) days prior to the relocation or transfer of ownership. Thenotification must include the current owner's name and address, the relocation address, and the name of the new owner, if any. 24.18 Dangerous ~nhnal or PotentiaDy DaDgerous ~nhnal Requirements. If the City Council doesnot order the destruction of stmmstl that has been declared.dangerous or potentially dangeg;t~ the City Council may as an a1temative,. order any of the fonoWing: (1) The owner provide and maintain a.proper enclosure for the dangerous or potentially dangerous animal as specified below. A Proper enclosure. Proper enclosure means securely confined indoors or in a securely locked pen or structure suitable to prevent the animal tiom escapingandtoprovide ~onfor jhe~l froin the eJenle1\tS. A proper enclosure does not include a ~ patio,. or any part ofa house, garage, or other structure that would allow the anim3-l to exit of its own volition, or any house or structure in which windows ~ open or in which door or window screens are the only barriers which prevent the animal ftom. exiting. The enclosure sbaIlnot allow the egress of the . animal in any manner without human assistance. A pen or kenneJ shan meet the fonowing mininnlm specifications: (1) Have a minimlJm overall floor size oftbirty-two (32) square feet. Page 13 of 16 ., City of CentervilIe Ord #24 Effective: 10/27/99 (2) Sidewalls sball have a minimnm height of five (5) feet and~:be constructed of II-gauge or heavier wire. Openings in the,wire stt.ll not exceed two (2) inches, support pOsts sbaJl be' one-and-ori.&1 quarter-inch or larger steel pipe buried in the ground eigtlteen (18) inches or more. When a concrete floor is not provi~ thesidewa.1IS sba1l be buried a mininnlm of elgbteen (18) inches in the ground. (3) A. cover over the entire pen or kennel shall be provided. The cover sbaJl be constructed of the same gauge wire or heavier as the sidewa11S and shall also have no- openings in the wire greater than two(~) inches. (4) An entranceIexit gate sbaJl be provided and be constructedofth~ same material as the sidewalls and shall also have no openiDgsitl~ wire greatei-than two (2) inches. The gate sba1l be equipped wfth'.a device capable ofbeing J.oekecl and shall be locked' at all times wfleJl. the Animal is in the pen or kennel B. Post the fi'ont and the rear of the premises,with clearly visible warning signs, inc1udirtg a warning symbol to inform cbiIdren, that there is a dangerous ~a1 on the property. c~ Provide and show proof annu3lly of public liability insurance in the minimum amount of three hundred thousand d~ ($300,000.00); D. If the Animal is a dog and is outside the proper enclosure, the dog must be muzzled and restlainecl by a substantial chain or leJlslu~9~.J~ exceed six (6) feet in feet in length. and be in physical restiaint Ofa( person sixteen (16) years ofage or older. The muzzle mustbe ofsU(;h design as to prevent the dog from biting any person or animaJ" butwm not cause injury to the dog or interfere with its vision or respiration; E. If the Animal is a dog, it must have an easi1y itlentifiable, standardized tag identifying the dog as dangerous affixed to its collar at all times as specified inMiDnesota Statute 347.51; F. Provides and shows proof ofmicrochip identification as required in the Minnesota Statues. Subel. 1 Seizure. Animal control sball immediate1y seize any dangerous animal if the owner does not meet any such conditions imposed by order of the City Counci1 within fourteen (14) days afler the date notice is sentto the owner. Seizure may be appealed to district court by serving a summons.an4 ... .,' . - '. Page 14 of 16 . r 0" - - - --- c~ ofCenterville Ord #24 BLtive: 101'1.7/99 petition upon the City and filittg it with the district court. 24.19 Red.iming ~nimals. A dangc,rous or potentially dangerous animal teized under this Ordinance, may be reclaimed by the owner of the anima.l upon payment of impounding and boarding fees, and presenting proof to animal control that all requirements set forth by City Council order are :fuJ:fiJ1ed. An animal not reclaimed under this section within fourteen (14) days may be destroyed with, the owner liable to animal control for costs incurred. 24.20 Sommary Destruction. Whenever an animal control officer or police officer determines that any animal presents an immediate threat to the safety of any person, after ma1cing reasonable attempt to impound such animal) said officer is hereby authorized to destroy such anim,.l in the interests of public safety. 24.21 Enforeing Ofticer. The Council is hereby authorized to appoint an animal controlofficer(s) to enforce the provisions of this Ordinance. In the officer's duty of enforcing the provisions of this Ordinance, he or she may :from time to time, with the consent of the Council, desiB1'At~ assistants. The provisions of this chapter may be enforced by any of the following: (1) The primary law enforcement agency of the commnnity. (2) The law enforcement agency contracted with by the City. (3) The animal control officer as desig1'8ted by the City. (4) The animal control &cility contracted with by the City. 24.22 Interference with Oftieers. No person shall in any manner molest, hinder, or interfere with any person authorized by the Council to capture dogs, cats or other animals and convey them to the pound while engaged in such operation. Nor shall any unauthorized person break: open the pound, or attempt to do so, or take or attempt to take from any agent any.animal taken up by him or her in compliance with this Ordinance, or in any other manner to interfere with or hinder such officer in the discharge ofhis or her duties under this Ordinance. 24.23 Existing Permits. Animal owners that have life time permits for their animal are grand &thered.jn as patt oftbisordinance as long as the owner showsoproof every two years that the animal bas shots within that period and provided the address of the owner remains the same. If the owner does not provide the vaccination record every two years, they will no longer be considered grand fiLthered in as part of this ordinance and will be required to obtain an animal license every two years with the fee set by Council 24.24 Penalty Violations of this Chapter. Any violation of this Ordinance is a milildAmeanoI'. Each day on which said violation contimles shall constitute a separate violation. 24.25 Repealer. On the effective date hereof: Centerville Ordinance Number 24.Adated September 25, 1985 and Ordinance Number 24-B dated December 23, 1985 is repealed. Page 15 of 16