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Home My WebLink About2003-01-22 CC Packet , " \ /~~.l\ ,~/ , ;(\ l \ . Q; ~ '.J ~ '" CITY COUNCIL MEETING Y {J':~ \J' ~v\: ~ X? :x<Y'~(>l)~edneSday, January 22,2003 I. CALL TO ORDER :If? ~ 6:30 PM 1. Roll Call "" ~ ir \;.\ ll. APPROVAL OF AGENDA '~efb ) \, \)1" t-..( ID. A ROV AL OF COUNCIL MINUTES J~ (t..; I /)' tI'-,fJoJI 'r ~", ~ vi, \o( . /1 i ,\>(.I.~', llY\ /* TJrP vt. CONSENT AGENDA \lr.t-/i.w;/itt.-- . '\tY ~ 1. City of Centerville January 9,2003 through January 22, 2003 Claims 2. Centennial Fire District Claims Centennial Fire District Quarterly Payment - $20,405.25 Centerville Lion's Fete des Lacs Contribution Request (Capra)/f~a dtz- EDC Business Directory 2003 - Not to exceed ~ (Media Junction) ,I.J~{) Parks and Recreation Committee Request to Purchase Bleachers - Not to / exceed $1,400 y:/ AWARDSIPRESENTATIONS/APPEARANCES (,','?1 . ,,~j ~om Thumb, Store #295 (Hearing/Appeal) - Denial of 2003 Tobacco License ~JIY Jv Consideration - Currently bas a Conditional Permit until Marcb 1,2003 VI. PUBLIC HEARINGS 'ldtY~~ \\\W' ~ 1 J* \/, Mr. Henry Vo~- S~ecial Use Permit (Mini:Storage) (~ont'd) - ~;t . Vbte-l ~ ~bc..4 rZ-~oo ~ IVI' -tb ~ w~ ' Vll. OLD BUSINESS << - O' . L Resolution #03-001 _ Fee Schedule ~ /t/~ '-f --- () i?- Shea Architect - Commerical Building Design Concepts (Capra)" 'd': _ Entrance Monument (Capra)_ .~. Hunters Crossing Phase n & Ill/MUSA Advancement (Capra) \;.5: Goals/Strategic Planning '~'I'.J' ! ,1 VID. NEW BUSINESS \ f. /)) ~ Scbedule ConncillStaff Strategic Planning Work Shop/'I ' ~ / Schedule Budget Work Session '].,f LO <i? ~:30 . ~ Economic Development Committee Recommendation to appoint Kyle \J~~ . / McLean-Hansel and Gretel) as al'~~m~lo!the Committee ~lV '4('/ paYEquityComplianceRepo~V~~ ~~.~Sor+ ~.~~. :f{ .' Waste Management Proposal y~ ~ ~ ~ OJ ~ Shop Operation(s) ~~ 1 ! \ . A (.>lU -~ ,) l.' l' /).. ,,'" ,,'.. ,~ a ~}.t.' /e:3 Az')'':...v-eeJ',;:,-- rf)~ L,{:'))-t.lH--'"j("(.tY~,, Ie. '. ~ {i(;JLJ t<..LcL/ d~/ ~::{f..)['t.{6-r:( Iz.-j) '- t'ij StJi-LG.1. .,,~ ... ( C,t'Ic fzC{'r~' '" '.~ - {i' {L pi c.L (L' {'-.. v,-fs '/L ~ I. 1'-"' clc t.'/- t:t p~ ~ F~' -14-~ '2x'.'t 1-- . ,/ . e,~ }~ aLJ~",,{ r.J!.rt-'~~ ,f ,# tervi[[e 'Esta6fisfie(,{ 1.8S7 Disbursements, Receipts, & Payroll $60,000 $50,000 $40,000 $30 J 000 $20,000 $10,000 o January 9 through January 22,2003 Receipts Disbursements Pc!yroll (I-I 6-03) $12,543.16 $59,427.22 $ 10,960.41 Receipts Payroll Disbursements Amount CITY OF CENTERVILLE Cash Receipts 1 Tran Date Refer Comments Batch Name " 01/17/032:18 PM Page 1 Account Oeser FUND1U1GENERALFUND Act Type G $0.50 $0.50 $0.50 $1,500.00 $0.50 $0.50 $3.50 $0.50 $0.50 $2.00 Act $1,509.00 Act Type R S100.00 $160.00 $50.00 $75.00 $200.00 $50.00 $60.00 S100.00 $20.00 $100.00 $8,955.39 $60.00 $180.00 $3.50 $25.00 $60.00 $60.00 $200.97 $10,449.86 Act FUND 10 $11,958.86 1/1612003 1/1612003 1/16/2003 1/16/2003 111612003 1/1612003 1/16/2003 1/17i2003 1/17/2003 1117/2003 1116/2003 111612003 1/1612003 111612003 'lI1612003 1/1612003 '1 J 16/2003 1/16/2003 111612003 111612003 1 !"! 612003 1/1612003 1116/2003 1/1612003 1/17/2003 1/17/2003 1/1712003 1/1712003 o 1853 P!ONEE LANE - M03-0 0'1-16-03 o 1751 OJIBWAY DR - fvl03-00 01-16-03 o 7249 CENTERVILLE RO - C 01-16..03 o 6979 PORTAGE \iV/\'! - SOD 01-16-03 o 7260 BRiAN DRiVE - C03-00 01--16-03 01749 O,JIBWAY DR - MO::l-OO 0'1-16-03 o 7005 BRIAN DRIVE - 03-004 01-16.03 o ',751 OJIBWAY OR - P03-00 1-17-03 o 1749 OJIBWAY OF,; - P03-00 1-17-03 o BUILDING PERMIT #02-197 1-17-03 o RENTAL 7095 & 7097 GENT 01-16..03 o RENTAL LICENSE HENEW 01-16-03 o 7249 CENTERVILLE RD - C 01-16..03 o 7005 BRIAN DRIVE - 03-004 01-16-03 o RENTAL REGISTRATION.. 01-16-03 o 7260 BRIAN DRIVE - C03-00 01--16..03 o RENTAL APPLICATION FEE 01-16-03 o 1749 OJISINAV OR - M03-00 01..16-03 o 1853 PIONEE LANE - M03-0 01--16-03 o 1751 OJIBWAY OR.. M03-00 01--16-03 o ANTENNA LEI\SE 01-16-03 o RENTAL APPLICATION FEE 01-16-03 o PROGRESS APT -7124 PR 01-16-03 o COPIES 01-16-03 o NSF FEES 1-17-03 o 1751 OJIBWAY DR - P03-QO 1-17-03 o 1749 OJIBVVAY DR.. P03-00 1-17-03 o BUILDING PERMIT #02-197 1-17-03 Act $3.00 $3.00 FUND 415 STORM WATER IMP PROJECTS Act Type R o US Receipt Serv 10 DRAIN F 1-16.-03UT FUND 41 $3.00 FUND 440 THE SHORES Act Type R $500.00 Act $500.00 FUND 44 $500.00 FUND 60') WATER FUND Act Type R $32.30 111612003 1/16/2003 1/16/2003 o INVOICE # 62'178... THE SH 01-';6-03 o US Hecelpt S8rv 1 \l\}ArEf~ 1-16-03UT G 101-24502 Mech. Permit Surcharge G 101-24502 Mech. Permit Surcharge G 101-24503 Elee. Permit Surcharge G 10, -24505 Sod Escrow G101-24503 Elee. Permit Surcharge G 101..24502 Mech. Permit Surcharge G 1 (}1-24500 Bldg. Permit Surcharge G 101--24501 Plmbing Permit Surcharg G 10'1-24501 Plmbing Permit Surcharg G 101-24500 Bldg. Permit Surcharge R 101-32100 Rental/Liquor Licenses R 101-32100 Rental/Liquor Licenses R 101-32225 Electrical Inspection R 101-32210 Building/Mech. Permits R 101-32100 RentaliLiquor Licenses R 101-32225 Electrical Inspection R 101-32100 RentaULiquor Licenses R 101-32210 Building/Mech. Permits R 101-32210 Building/Mech. Permits R 101-32210 BuildlngiMech, Permits R 101-32260 Antenna Leases R 101-32100 Rental/Liquor Licenses R 101-32100 Rental/Liquor Licenses R 101-34105 Sale of Maps and Pub!icat R 101-36200 Miscellaneous Revenues R 101-32130 Plumbing Permits R 101-32180 Plumbing Permits R '101-32210 Building/Mech. Permits R 415--32350 Storm Water Drainage Fu R 440-36235 Escrow Deposits n 601-3l100 Water Sales ) CITY OF CENTERVILLE 01/17/032:18 PM Page 2 Cash Receipts 1 Amount Tran Date Refer Comments Batch Name Account Oeser Act $32.30 FUND 60 $32.30 FUND 602 SEWER FUND Act Type R $49.00 1/16/2003 o US Receipt Serv 6 SE\lVER 1-16-03UT R 602-37200 Sewer Sales Act $49.00 FUND 60 $49.00 $12,543.16 FILTER: (([Period] in(1) and [Act Year] = '2003') and [Tran Nbr] in(10, 13)) and (((((Not [Tran Date]=#1/3/2003#))) AND ((Not [Tran Date]=#1/7/2003#))) AND ((Not [Tran Date]=#1/8/2003#))) . CITY OF CENTERVILLE 01/17/03 12:53 PM Page 1 *Check Summary Register@ Name JANUARY 2003 Check Date Check Amt 10100 MAIN STREET BANK Paid Chk# 017713 AVLlC Paid Chk# 017714 BARNA, GUZY & STEFFEN L TO Paid Chk# 017715 BUILDING CODES & STANDARDS DIV Paid Chk# 017716 CENTENNIAL FIRE DISTRICT Paid Chk# 017717 CHOICEPOINT SERVICES INC. Paid Chk# 017718 CULLIGAN Paid Chk# 017719 GOPHER STATE ONE CALL INC Paid Chk# 017720 HASLER, INC. Paid Chk# 017721 IMAGE PRINTING & GRAPHICS Paid Chk# 017722 IRS/MAIN STREET BANK Paid Chk# 017723 LEAGUE OF MN CITIES Paid Chk# 017724 MENARDS - FOREST LAKE Paid Chk# 017725 MET. COUNCIL ENV. SERVo (SDS) Paid Chk# 017726 MINNESOTA BENEFIT ASSOCIATION Paid Chk# 017727 MINNESOTA DEPT OF REVENUE Paid Chk# 017728 NATIONWIDE RETIREMENT SOLUTION Paid Chk# 017729 OTTER LAKE ANIMAL CARE CENTER Paid Chk# 017730 P. J. BURKE INVESTMENTS, LLC Paid Chk# 017731 PRESS PUBLICATIONS Paid Chk# 017732 PUBLIC EMPLOYEES INS PROGRAM Paid Chk# 017733 PUBLIC EMPLOYEES RETIREMENT Paid Chk# 017734 QWEST Paid Chk# 017735 THE HUGONIAN Paid Chk# 017736 TIME SAVER Paid Chk# 017737 TOM THUMB Paid Chk# 017738 U.S. POSTAL SERVICE Paid Chk# 017739 US BANK' Paid Chk# 017740 XCEL ENERGY FILTER: None 1/22/2003 1/22/2003 1/22/2003 1/22/2003 1/22/2003 1/22/2003 1/22/2003 1/22/2003 1/22/2003 1/22/2003 1/22/2003 1/22/2003 1/22/2003 1/22/2003 1/22/2003 1/22/2003 1/22/2003 1/22/2003 1/22/2003 1/22/2003 1/22/2003 1/22/2003 1/22/2003 1/22/2003 1/22/2003 1/22/2003 1/22/2003 1/22/2003 Total Checks $456.00 $7,126.04 $947.25 $20,405.25 $16.00 $29.02 $1.55 $18.11 $171.39 $3,863.42 $3,000.00 $92.04 $11,067.33 $75.78 $567.97 $729.00 $77.00 $40.00 $128.13 $5,608.43 $1,686.54 $113.02 $120.00 $158.50 $74.00 $1,000.00 $453.91 $1,401.54 $59,427.22 CITY OF CENTERVILLE 01/15/03 Check Register Pay Pay Check See Check Check Check Year Greu Period # Employee # Employee Name See # Date Amount Gr,oss 2003 01 2 007139 000000047 COOK, KENNETH 1/16/2003 $534.24 $1,798.73 2003 01 2 007140 000000026 PALZER, PAUL J. 1/16/2003 $1,917.76 $2,765.40 20Q3 01 2 007141 000000093 STEPHAN, KIM 1/16/2003 $1,039.20 $1,443.07 2003 01 2 007142 000000094 MOORE-SYKES, KIMBERLAI 1/16/2003 $1,674.71 $2,878.62 2003 01 2 007143 000000098 PAULSETH, ELLEN 1/16/2003 $1,378.20 $2,442.16 2003 01 2 007144 000000091 MCPHERSON, JOEL 1/16/2003 $1,090.85 $1,913.96 2003 01 2 007145 000000075 PETERSON,TEOO 1/16/2003 $1,056.74 $1,978.36 2003 01 2 007146 000000106 OMS, CARYN L. . 1/16/2003 $172.31 $206.00 2003 01 2 007147 000000108 OMS, MEGAN M. 1/16/2003 $119.94 $138.00 2003 01 2 007148 000000107 DIXON, JACOB M. 1/16/2003 $62.79 $68.00 2003 01 2 007149 000000109 NOVAK, JAKE 0 1/16/2003 $59.10 $64.00 2003 01 2 007150 000000069 BENDER,TERESA 1/16/2003 $1,085.28 $2,041.55 2003 01 2 007151 000000080 SWEENEY, KRISTEN 1/16/2003 $769.29 $1,433.42 $10,960.41 $19,171.27 Centennial Fire District Check Register 1/17/2003 The disbursements listed below are submitted by the Centennial Fire District for your approval: DATE 12/31/2002 12/31/2002 12/31/2002 12/31/2002 12/31/2002 12/31/2002 12/31/2002 12/31/2002 12/31/2002 12/31/2002 12/31/2002 12/31/2002 12/31/2002 12/31/2002 12/31/2002 12/31/2002 12/31/2002 12/31/2002 12/31/2002 1/16/2003 1/16/2003 12/31/2002 12/31/2002 CHECK# NAME 13598 13599 13600 13601 13602 13603 13604 13605 13606 13607 13608 13609 13610 13611 13612 13613 13614 13615 13616 13617 13618 13619 13620 Amaco Oil Company Centennial Firefighters Relief Assn. Citgo Petroleum Corporation DTE Energy Technologies Emergency Medical Products, Inc. Fire Instructors Assn. of Minnesota Frattallone's Hardware Heiman Inc. Hugo Feed Mill & Elevator Oxygen Service Company, Inc. Postmaster Qwest Red Rooster Auto Stores Xcel Energy Desmond Englund Industrial Door Company, Inc. Northern Tool & Equipment Company Randy T. Rolstad Stock Building Supply Anoka- Technical College International Assn. of Arson Investigators City of Lino Lakes City of Lino Lakes 1 of 1 ,r,CCOUNT 42100 - Fuel and Lube 20900 - Payroll Deductions Pay. 42100 - Fuel and Lube 42110 - Other Maintenance 42260 - Medical Supplies 42130 - Equipment Expense 42110 - Other Maintenance 42130 - Equipment Expense 42110 - Other Maintenance 42270 - Breathing Air 42180 - Office Supplies 42240 - Telephone 42110 - Other Maintenance 42254 - Station 2 - Electric 45510 - Garage Expense 45510 - Garage Expense 45510 - Garage Expense 45510 - Garage Expense 45510 - Garage Expense 42220 - Travel, Conf., School 42200 - Dues and Memberships 41000 - Payroll Expenses 41000 - Payroll Expenses Total AMOUNT 272.47 960.00 46.52 3,000.00 29.31 45.53 60.65 183.60 19.53 115.00 111.00 391.87 19.23 454.91 9.07 258.71 212.99 1,930.30 1,039.51 720.00 50.00 43,488.31 10,386.91 $63,805.42 CENTENNIAL FIRE DISTRICT 7741 Lake Drive Lino Lakes, MN 55014 (651) 784-7472 January 1, 2003 City Administrator City of Centerville 1880 Main Street Centerville, MN 55038 Dear City Administrator ,Below is an invoice for your share of the Centennial Fire District budget. INVOICE Quarterly Payment Operating Budget Depreciation Relief Association Common Area Charge Capital Equipment Total 15,862.00 0.00 708.75 684.50 3J50.00 20,405.25 Payment is requested by the 30th of the month. Each additional quarterly payment will be billed accordingly. Thank you. Sincerely, 11~ tJ~J Milo Bennett Fire Chief CenlenniaJ)(jlnvoice 2002 . CENTENNIAL FIRE DISTRICT The 2003 Budget for Centennial Fire District is distributed by city as follows. The calculations are based on the following percentages. Centerville Circle Pines Lino Lakes Total Budget Items Operating Budget Depreciation Relief Association Common Area Charge Capital Equipment Total Invoice amount by city Centerville Operating Budget Depreciation Relief Association Common Area Charge Capital Equipment Total Circle Pines Operating Budget Depreciation Relief Association Common Area Charge Capital Equipment Total Lino Lakes Operating Budget De p reciatio n Relief Association Common Area Charge Capital Equipment Total Total all Cities 12.60% 19.90% 67.50% 100.00% 503,554 o 22,500 21,727 100,000 647,781 Yearly 63,443 U 2,8;)0 2,738 12,600 81,621 100,207 o 4,478 4,324 19,900 128,909 339,899 o 15,187 14,665 67,500 437,251 647,781 Quarterly 15,862.00 0.00 708.75 684.50 3,150.00 20,405.25 25,051.75 0.00 1 ,119.50 1,081.00 4,975.00 32,227.25 84,974.75 0.00 3,796.75 3,666.25 16,875.00 109,312.75 161,945.25 Quarterly Payments Due: January 31, April 30, July 31, October 31 CentennialX/lnvoice 2002 TO: Honorable Mayor and Council Members FROM: Kim Stephan SUBJECT: Parks and Recreation Committee Recommendations DATE: January 16, 2003 The Parks and Recreation Committee made the following recommendation for Council consideration at their January 6,2003 committee meeting. The Parks & Recreation Committee, in conjunction with the City Administrator, applied for and received a $1,000 grant from the Spring Lake Park Lions for bleachers at Laurie LaMotte Memorial Park. The committee would like to order two sets of bleachers to match the existing ones. The cost may exceed the amount received from the Lions, with the balance to corne from the'Parks & Recreation Committee's Capital Fund. Motion was made by Chairperson DeVine, seconded by Committee Member Seeley to recommend to Council that the $1,000 grant received from the Spring Lake Park Lions for bleachers be used to purchase two (2) sets of bleachers for Laurie LalVlotte Memorial Park to match existing bleachers, with the total amount not to exceed $1,400. All in Favor: Motion passed unanimously. 1380 Cs-nterville. ~~;EIVE,D OF ----------:---T---j----r~-~-] I----i . ---4 1- , S rin LakePar:(LiOnS~ I $1.000.00[ po. Box 32955 ! I I ~---I r ---J \ Donatiun from Charitable I Gamblino Funds for Bleachers at Laur\e LaMotte Park i _.~.j ! I I I I I ACGount Code Amount I , i I I --l I I I I ! I ~ I r I 1 I -. I I I 1 i ~ I I I I I I I I I BY Kim Stephan December 18, 2002 Receipt 1/ 8137 <. w ~ ,p, ~' cd ~ l;\';; ci: w;.- ~~ ~r; ~)jO =-0 '" '" '<d'Q" &2 ~::J ~OJ f'i. ~ ~0 .,:'> '~ TO: Honorable Mayor and Council Members FROM: Kim Stephan SUBJECT: Economic Development Committee Recommendations DATE: January 16, 2003 The Economic Development Committee made the following recommendation for Council consideration at their Jar 18.1> 14,2003 committee meeting. The Economic Development Committee invited Ms. Kimberlee Wilcox from Media Junction to discuss updating and printing the Business Directory for 2003. In 2002 EDC ordered 1,300 copies of tbe directory. Approximately 1,200 were mailed to residents, leaving ] 00 for new residents and hnsinesses. Ms. Wilcox prepared an estimate based on 1,500, 1,700 and 2,000 copies. Media Junction has upgraded their equipment with a digital printer and can now do srE~lller runs with 4 colors, opposed to the previous directory which was done in 2 colors. This will also decrease the cost. The businesses will not have to pay to list their business, only to run an ad. The cost for the businesses in 2002 was $50.00 per ad and generated $1,150.00 which was applied to the cost of printing the directories. The council, commission and committee members will have to be updated, as will the businesses. Ms. Stephan will get this information to Ms. Wilcox. Ms. Wilcox will contact the businesses to determine if they would like to place ads in the 2003 Business Directory. The estimate for 2,000 directories was $1,600. This amount will be reduced by the amount generated in advertising, which should be similar to 2002 making the total cost to EDC approximately $500-$600. Motion was made by Committee Member Rehbine, seconded by Committee IVlember Backman, to recommend to council contracting with Media Junction to update and print 2,000 copies of the 2003 Centerville Business Directory per the proposed estimate, with the amount not to exceed $1,600. Advertising fees generated will be applied to the cost of the directories, with Media Junction responsible for contacting businesses. All in Favor: Motion carried unanimously. ~edia @ ~ junction" 6995 20th Ave. So. Centerville, MN 55038 : 651-426-8669 : 651-426-8829 Attn: Betsy Scheller EDC Committee City of Centerville Date Sales Rep Terms PO# 01/13/03 Kim Wilcox Due Upon Receipt - ~~'-'--'--'-' Item Description Estimate . Graphic Design Update Business Directory As Needed ($40/hr.) 5-10 Hours Services '" Printing Print Business Directory }- 8.5H x 5.5f1 );- Covers (4-color, 100 # Gloss) );- 12 Inside Pages (Black, 60#) );- Waferseal Quantity: 1,500 $1,375 1,700 $1,525 2,000 $1,600 Note: Last years advertising revenue generated $1,150 Comments; media junction@ guarantees complete customer satisfaction of all design work. Please contact Kim WlIcox with any questions or comments concerning this quote. This quote is valid for 30 days. Authorized Signature Date --::~.'1 e-ttJtervi[[e 'Esta6[ishetf 18Si MEMORANDUM DATE: January 22,2003 TO: Honorable Mayor and Councilmembers FROM: Kim Moore-Sykes, City Administrator RE: Waste Management Contract Discussion ............................................................................ Earlier today, the City Clerk and I met with Gary Boyum, Waste Management, to discuss amending the current contract with Waste Management to add language about single source recycling, should the Council approve the proposed recycling program. The current contract is a 5-year contract that was approved in 1999 and is up for reconsideration in 2004. Other issues that we discussed included: · Clean Up Days - Changing the language to reflect that the City will do one clean up day per year, but leaving the option open to do two per year if desired in the future. · Charging a Fee for Clean Up Day - Mr. Boyum suggested that the City charge disposal costs at the Clean Up Day. Currently, the City pays for all the disposal costs associated with the Clean Up Day with funds from the County. With these SCORE Grant funds being eliminated, the money the City used for this recycling program will not be available. · Appendix A - Waste Management's Sticker Program - Currently, residents expect that their hauler will pick up items listed on Appendix A. With a new contract, Waste Management will no longer be picking up many of these items, but does have a sticker program whereby sofas, appliances, etc can be picked up if they have a stick on them. These stickers would be available at City Hall for about $5.00 and if the resident wants an item picked up at curbside, they would purchase a sticker for each item to be placed curbside for pick up. · Disaster Management Group - Staff asked what program, if any, Waste Management had in place in the event of a natural or man-made disaster for the disposal of garbage/debris. He indicated that Waste Management is currently dealing with this idea with a Disaster Management Group program in which roll-offs would be available immediately for communities that they haul for at rates established at the time of the contract renewal and that these rates would be good for 5 years, the length of the contract. · Single Sort Recycling - Mr. Boyum was proposing to add an addendum to the current contract that outlines the Single Sort Recycling program. If the Council approves this program at tonight's Council meeting, the recycling canisters will be delivered to the City by March 1 st and Waste Management will work to educate the residents about the program by April 1 st. · Delinquent Accounts - We discussed the feasibility and possibility of the City discontinuing certifying delinquent accounts for Waste Management. The situation that we run into is that by State statute, everyone is required to have garbage pick up. If Waste Management is not paid for their services, their only recourse is to discontinue service to that property owner. In order to continue this service, it was determined that cities could, with the establishment of an ordinance, certify delinquent accounts to the property taxes, much like we do with utility billings. After much discussion, Staff and Mr. Boyum have determined a plan that will provide for quarterly review of the accounts to determine which ones are delinquent and to insure full disclose of pertinent information to the appropriate person(s). All property owners with delinquent accounts will be sent a letter from Waste Management advising them of the date and process for certifying their delinquent account to their property taxes. 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COI"- ...- ..... t;'il ciJtervi[[e 'Esta6[isfied 1857 STAFF REPORT DATE: January 22,2003 TO: Honorable Mayor and City Council Kim Moore-Sykes, City Administrator ~ FROM: RE: Garbage Hauler Debt Collection and Proposed Recycling Changes ............................................................................ BACKGROUND On November 1, 1999, the City ofCenterville entered into a 5-year contract with Waste Management to collect garbage as defined and agreed to in the CITY OF CENTERVILLE RESIDENTIAL REFUSE CONTRACT. Due to questions that have been raised regarding the appropriateness of City Staff certifying delinquent garbage accounts to the property owner's taxes and a change in the handling the Community's recyclable materials as proposed by the hauler, Staffwas directed by Council provide them with a copy of the current contract. Council also had additional questions relating to these issues and asked Staff to research them. In response to the question regarding the handling of complaints, Staff usually addresses any complaints immediately. Usually, complaints are easily handled by Staff and often with only one phone call. If the issue is serious enough or the resident is seeking more information, they are then advised to call the hauler. As Staffwe don't have ongoing issues with residents regarding their collection of their garbage, except for delinquent accounts. Attached to this Staff Report is a copy of a summary of the certification activity that Staff has performed since 200 I, when this process of dealing with delinquent accounts commenced. The City has paid the delinquent accounts through the certifying process but as you can see, we have not received all of the money from the delinquent accounts. And, obviously, there are costs to the City associated with this process and $25 is assessed to each delinquent account. Unfortunately, we were not able to separate out what received funds is garbage related as we did not have that capability. As of the 2002 certifications, which are payable in 2003, we will be able to separate delinquent garbage accounts from delinquent sewer and water accounts. The City took the responsibility to deal with these delinquent accounts by the authority granted it from City Ordinance #1. A copy of that ordinance is attached for Council's information. It is currently being reviewed by the Planning and Zoning Commission for possible revision. Staff will have to work with Council, Waste Management and the City Attorney to negotiate either a new contract or an addendum to the current contract to incorporate the proposed changes to the recycling portion of the contract. STAFF RECOMMENDATIONS Continue working with Council, the Planning and Zoning Commission and Waste Management to resolve the outstanding issues. ,- ~~.~~ v ~.. \ d- Kettcf 7'OUJCL ~\V: ~ CITY OF CENTERVILLE RESIDENTIAL REFUSE SERVICE CONTRACT BET\VEEN: CITY OF CENTERVILLE AND WASTE lVIANAGElVIENT TABLE OF CONTENTS INDEX 1. TERM. 1 A. Five Years 1 B. Renewal 1 C. Termination I 2. GENERAL DESCRIPTION OF SERVICE 1 3. DEFINITIONS 1 4. COLLECTION SERVICE 4 A. Description 4 B. Containers 4 C. Location 5 D. Frequency 5 E. Exemptions 5 F. Non-Standard Material Pick-up 5 5. YARD WASTE COLLECTION SERVICE 5 "- Description 5 fi. B. Location 5 C. Frequency 6 6. RECYCLABLE COLLECTION SERVICE 6 A. Description 6 B. Location 6 C. Source Separation 6 D. Frequency 6 E. Processing of Recyclables 6 F. Recording 6 7. ADDITIONAL COLLECTION SERVICE 7 A. Description 7 B. Location 7 C. Frequency 7 8. SPRING & FALL CLEAN-UP SERVICES 7 A. Description 7 B. Location 7 C. Disposal 7 9. CITY-WIDE CELEBRATION COLLECTION SERVICE 8 10. HOUSEHOLD HAZARDOUS WASTES 8 II. SERVICE SCHEDULE 8 A. Hours . 8 B. Collection Days 8 C. Holidays 8 12. IN-YARD SERVICE. 9 13. STREET INIPROVErvlENTS . 9 14. ADMINISTRATION. 9 15. CHARGES 9 A. Charge Increase 10 B. Collection Service 10 C. Annual Price Review . 10 D. Senior Citizen Discount 10 E. Waste Management Fees 10 F. Certification of Delinquent Payments. 10 16. LIQUIDATED DAlvLAGE 11 A. Notice . 11 B. Failure to Respond 11 C. Exceptions 11 17. LIABILITY INSURANCE 11 18. WORKER'S COI\llPENSA TION INSURANCE 12 19.' PERFORMANCE OF CONTRACT . 12 A. Supply Necessary Claims 12 B. No Claims 12 C. Indemnification 12 20. EQUIPMENT 13 A. Vehic1e Protection 13 B. Cleaning 13 C. Painting 13 D. Maintenance 13 E. Vehicle Inspection 13 F. Description of Vehicles 13 G. Safety Equipment 14 21. PERSONNEL REQUIREl\IlENTS 14 A. Responsibility 14 B. Driver 14 C. Collector 14 22. SUPERVISION 15 23. SAFETY 15 24. TITLE 15 25. SUBLETTING OR ASSIGNMENT OF CONTRACT 15 26. NON-DISCRIMINATION 15 27. HEAL TH REGULATIONS AND ORDINANCES 16 28. GOVERNING LAW. 16 29. NOTICE 16 30. SEVERABILITY 16 31. DISPUTES 16 32. INDEPENDENT CONTRACTORS . 17 ..,.., ENTIRE AGREEMENT 17 -'.) . LIST OF APPENDIXES Appendix A "Non-Standard Materials Collected" . 18 Appendix B "Recyclable Materials" 19 Appendix C "Holidays" 20 Appendix D "Collection Rates" 21 CITY OF CENTERVILLE RESIDENTIAL REFUSE CONTRACT THIS AGREE1vfENT, made and entered into this 1st day of November, 1999 by and Between the City of Centerville, a municipality in the County of Anoka, State of Minnesota, hereinafter referred to as "CITY", and Waste Management of Minnesota, a Minnesota Corporation, hereinafter referred to as "CONTRACTOR". RECITALS: WHEREAS, the CITY requires the collection and disposal of garbage and rubbish and recycIables from residences in the City of Centerville; AND WHEREAS, CONTRACTOR is (;)g~~ged in the business of collecting and disposing of garbage and rubbish and recyclables; AND WHEREAS; the CITY desires to cOdtract for the services of CONfRACTOR and CONTRACTOR desires to provide the services to the residents of the CITY; NOW, THEREFORE, it is agreed by and between the parties; 1. TERIVI A. Five Years. This contract shall be in full force and effect for the period beginning November 1, 1999 and ending November 1,2004. B. RenewaL At the conclusion of this period, the parties may wish to consider renewal of this Contract for an additional five-year tenn. Negotiations for said renewal shall begin no later than May 1, 2004. c. Termination. The City may terminate the contract for breach of the contract, for unsatisfactory performance after written notice of concerns are addressed to the CONTRACTOR and the CONTRACTOR is given 60 days to improve service to meet the standards of the CITY. Should the CONTRACTOR fail to meet these service standards to the satisfaction of the CITY within 60 days the CITY will give a 30-day notice of termination. 2. GENERAL DESCRlPTION OF SERVICE. CONTRACTOR shall supply all labor, materials, and equipment necessary to make a complete collection of garbage and rubbish; yard waste and recyclables from all residents. 3. DEFINITIONS. "Collection" means the aggregation of waste from the place at which it is generated and includes all activities up to the time the waste is delivered to a waste facility. "Construction Debris" means waste building materials, pa.ckaging, and rubble resulting from construction, remodeling, repair, and demolition of buildings and road. "Day-Certain Collection" means a City approved plan for weekly collection services by an established day-certain schedule. This schedule requires that a route must be collected on the same day of each week and is based on a five (5) day, Monday - Friday, working week. The only exceptions to the "day-certain" plan shall be during those weeks in which occur legal holidays as listed in Appendix C. "Disposal" or "Di:-pose" means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any waste into or on any land or water so that the waste or any constituent thereof may enter the environment or be emitted into the air, or discharge into any water, including ground water. "Garbage" means organic waste including discarded material resulting from the handling, processing, storage, preparation, serving, and consumption or food. "Industrial Waste" means solid waste resulting from an industrial, manufacturing, service, or commercial activity that is managed as a separate waste system. "Hazardous Waste" means any refuse, sludge, or other waste material or combinations of refuse, sludge or other waste materials in solid, semisolid, or liquid, or contained gaseous form which because of its quantity, concentration, or chemical, physical or infections characteristics may (a) cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness; or (b) pose substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed or otherwise managed. Categories of hazardous waste materials include, but are not limited to: explosives, flammable, oxidizers, poisons, irritants, and corrosives. Hazardous waste does not include source, special nuclear, or by-product material as defined by the Atomic Energy Act of 1954, as am'ended. (MS 115 A. 03) Household Hazardous Waste" means those wastes that cannot be disposed of through recycling efforts or refuse collection. These include, but are not limited to: aerosol spray cans, ammunition and explosives, cleaners, paint, paint thinner, staining products, varnishes, insect repellant spray cans, smoke detectors. and many more. These are wastes that are generated in the operation of a home and are based on limited, household quantities. "Major Appliances" means clothes washers and dryers, dishwashers, hot water heaters, heat pumps, furnaces, garbage disposal, trash compactors, conventional and microwave ovens, ranges and stoves, air conditioners, dehumidifiers, refrigerators, and freezers. ',}v1ixed Municipal Solid Waste" means garbage, refuse, and other solid waste from residential commercial, industrial, and community activities that the generator of the waste aggregates for collection, but does not include auto hulks, street sweeping, ash, construction debris, mining waste, sludges, tree and agricultural wastes, tires, processed and disposed of as separate waste streams. 2 "Problem Materials" means a material that, when it is processed or disposed of with mixed municipal solid waste, contributes to one or more of the following results: (1) the release of a hazardous substance, or pollutant or containment, as defined in section 115B.02, subdnnsi')Ds 8, 13, and 15; (2) pollution of water as defined in section subdivision 13; (3) air pollution as defined in ~ection 116.06, subdivision 4; or (4) a significant threat to the ~jate or efficient operation of a solid waste facility. Recyclable Materials" means materials that are separated from mixed municipal solid waste for the purpose of recycling, including paper, glass, plastic and metals. Refuse-derived fuel or other material that is destroyed by incineration is not a recyclable matelia1. "Recycling" means the process of collecting and preparing recyclable materials and reusing the materials in their original form or using them in manufacturing processes that do not cause the destruction or recyclable materials in a manner that precludes further use. "Refuse" means solid waste from residences, including garbage and rubbish, and specifically excluding yard waste, recyc1ables and toxic and hazardous waste. Refuse excludes industrial, commercial, agricultural, and construction garbage or rubbish and wastes. "Residential Dwelling Unit" means any habitable room or rooms located within a dwelling and used as a single habitable unit with facilities which are intended to be used for living, sleeping, cooking, and eating. "Rubbish" means inorganic solid waste, including ashes, consisting of both combustible and noncombustible waste, such as wood, bedding, crockery, and other non-reusable waste. Rubbish also includes non-recyclable types of glass, cardboard and metal. "Solid Waste" means garbage, refuse, sludge, from a water supply treatment plant or air contaminant treatment facility, and oLiu ~'lscarded waste materials and sludges, in solid, semisolid, liquid or contained gaseous form, resulting from industrial, commercial, mining and agricultural operations, and from cOlumUillty activities but does not include solid or dissolved material in domestic sewage or other cummon polluhmts in water resources, such as silt, dissolved or suspended solids in industrial waste water eiI1uents or discharges which are point sources subject to permits under section 402 ofthe Federal Water Pollution Control Act, as amended, dissolved materials in irrigation retum nows; or source, special nuclear, or by-product material as defined by the Atomic Energy Act of 1954, as amended. (source: MS 116. 06) "Source Separation" means recyclable materials that have been prepared and separated by material category, by the generator, for drop-off or collection. (e.g. cans, glass, paper, plastics, etc.) Waste Management" means activiti~s which are intended to affect or control the generation of waste and activities, which provide for or control the collection, processing and disposal of waste. . 3 "Waste Reduction or Source Reduction" means an activity that prevents generation of waste or the inclusion of toxic materials in waste, including: (1) reusing a product in its original form (2) increasing the life span of a product (3) reducing material or the toxicity of material used in production or packaging or (4) changing procurement, consumption, or waste generation habits to result in smaller quantities or lower toxicity of wastes generated. "Yard Waste" means wastes such as grass, branches, brush, garden trimmings, leaves, limbs, (not to exceed 3"in diameter) that are normally generated from residential lawns and gardens. 4. COLLECTION SERVICE A. Description i.) Refuse collection service shall include the collection of: a. All household refuse from residential dwelling units in the city. b. All refuse generated by the City Hall, City Public Works, and City Parks. ii.) Yard Waste service shall include the collection of: a. Brush, yard waste, garden waste, grass clipping, leaves - seasonal collections, April 15 to November 15, or first snowfall. b. Christmas trees cut into lengths under six (6) feet - seasonal on specified days in January. iii.) Limbs and branches (up to 3" in diameter) Bundles oflimbs and branches shall not exceed 5 feet in length and 18 inches in diameter. iv.) Refuse collection shall not include the collection of: a. Asbestos b. Fluorescent tubes c. Rechargeable batteries d. Household hazardous waste e. Earthen fill, boulder, rock, and other materials normally handled in construction operation, solids or dissolved material in domestic sewage or other significant pollutants in waste resources, such as silt, dissolved materials in irrigation flows; or other common water pollutants. B. Containers 4 i.) Refuse/Garbage - CONTRACTOR shall provide wheeled refuse/garbage containers with tight fitting lids with an option of 30 gallons, 00 gallons, or 90 gallons in capacity ii.) Yard Waste - shall not exceed 30-gallon capacity bags and be provided by the customer. iii.) Recycling Bins - shall be provided by the CITY. C. Location Residential dwelling units (unless qualifying for "in-yard" service) shall have, as required by City Ordinance, their container located within five (5) feet of the boulevard adjoining the curb on or before 7:00 a.m. on the designated day of the collection. D. Frequency Each residential dwelling unit shall have its refuse collection a minimum of once per week. E. Exemptions No dwelling units shall be exempted from weekly refuse and recycling service unless approved by the CiTY Council pursuant to the City's Refuse Exemption Policy. The fee for Exempt service will be $5.00 per month. F. Non-Standard Material Pick-Up Residents must schedule with CONTRACTOR pick-up of non-standard material, including major appliances. 5. YARD WASTE COLLECTION SERVICE. CONTRACTOR shall collect and dispose of yard waste separately from refuse and recyclables, at an approved composting site. A. Description Yard waste collection service shall include the collection of all yard waste from the residential dwelling units. B. Location 5 Yard waste not including tree limbs (less than 3 inches in diameter) shall be placed in an approved container, separate from refuse and recycling containers, at the curb on or before 7:00 a.m.' on the designated day of collection. C. Frequency Each residential dwelling unit shall have its yard waste collected a minimum of once per week. 6. RECYCLABLE COLLECTION SERVICE. CONTRACTOR shall collect and market all materials that are generally accepted as recyclable. (see Appendix B) A Description \ Recycling collection service shall include the collection of all recydables from CITY offices, and residential dwelling units in the City. B. Location Recyclables shall be placed in containers, obtained from CITY, at the curb, separate from refuse on or before 7:00 a.m. on the designated day of collection. (see Section 3, Definitions) D. Source Separation E. Frequency /IJj,Li}! Each residential dwelling unit, and the CITY office shall have its recyclables collected a minimum of once per week on the designated collection day. F. Processing of Recyclables CONTRACTOR shall use their best effol1S to ensure the maximum collection and marketing of recyclable material from the CITY. G. Recording CONTRACTOR shall provide the CITY written documentation concerning recycling tonnage collected or any other requested information on a monthly basis. 6 7. ADDITIONAL COLLECTION SERVICE A. Description Non-Standard Collection items, as described in Sections 4A, 2 and 3 shall also be collected. B. Location Residential dwelling units must have such items located at the curb for pick-up. C. Frequency Additional collection service items shall be collected from the residential dwelling units upon request by the n".sident, made to CONTRACTOR on the regular collection day. 8. SPRING & FALL CLEAN-U~5ERVICES. t '.. f'" l' I, ./) /.('-. . '/lIP . ,t "'J . .L>- t ,. " t ".' , . ".,v".... .t:,.! . , . 1/ !fl' !\.~ I ,./,.j ll' ~. . \ . .t'.tV'. j) i. &/ -; - I -" -~ ,'- ) -'''('~'-. . j ....7/.. ", ,I t..v~'" '.,' l ,Lt" " .\ &,.' /'\ ,/ ~j , The CITY may designate a Saturday in the spring.aRd-faH"of each year (other than a Saturday on which collection services are performed) "Clean-Up Day". Each residential dwelling unit may deliver non-standard collection materials, yard waste, garden waste, brush and recyclables to an agreed upon site for disposal at no additional charge to the resident. CONTRACTOR shall provide the labor, equipment, time, and transportation for disposal or processing. The CITY will pay as follows for the Springand-Fa:H-Clean Up. CONTRACTOR shall advise all residents they shall be required to show their drivers licenses at the time of drop off to prove residency in the CITY. Description A. Truck & Driver Charges Disposal of Municipal Solid Waste Disposal of Yard Waste Disposal of ConstIUction Debris Appliances with Freon $50.00 Per Hour '\1u^' $38.50 Per Ton . '''i''{ .\1Jt"" $41.00 Per Ton $41.00 Per Ton $18.00 Per Unit B. Location Shall be determined and agreed upon by CITY and CONTRACTOR. C. Disposal CONTRACTOR shall malre arrangements to dispose of all items collected on Spring Clean-Up Day. 7 9. CITY-WIDE CELEBRATION COLLECTION SERVICE. When the City-Wide Celebration falls on a Friday of regular pick up CONlRACTOR agrees to provide regular weekly collection service on the Saturday following the Celebration. CONTRACTOR will require 30-day advance notice of the date of the Celebration. Normal service will resume the following week. 10. HOUSEHOLD HAZARDOUS WASTES. CONTRACTOR shall answer questions regarding household hazardous waste disposal programs for all residents. Household hazardous wastes cannot knowingly be collected by CONTRACTOR during regular collection service. 11. SERVICE SCHEDULE. A. Hours CONTRACTOR shall perform all collection services between the hours of 7:00 a.m. and 6:00 p.m., on Monday through Friday, except when an emergency shall exist, at which item CONTRACTOR shall notify the CITY of such emergency. CONTRACTOR may perform collection services on Saturday when a holiday falls on a weekday. B. Collection Davs ..~ .,...:..... '>;;:~. \- CONTRACTOR shall provide day-ceria'lu'8011ection unless otherwise agreed to by the parties hereto. Collection services will be on Monday through Friday. i). CONTRACTOR may request a change in the day of pick- up by requesting such change in writing to the CITY at least thirty (30) days from the proposed date the requested change is to take effect. A change shall be effected only upon authorization from the CITY and fourteen-day notice to the resident. ii). CONTRACTOR may request a change in the route schedule by requesting such change in writing to the CITY at least thirty (30) days from the proposed date the requested change is to take effect. A route change shall be effected only upon authorization from the CITY. C. Holidavs CONTRACTOR will observe all legal holidays described (see Appendix C) hereto, on which their offices and operations will be closed. When holidays fall on a weekday, the collection for each day of that week after the holiday shall be made one (1) working day later. 8 12. IN-YARD SERVICE. In- Yard service shall be offered to residents that have an approved Doctor's Statement of Medical Disability. In yard service must be approved by CITY. 13. STREET IIVIPROVEMENTS The CITY reserves the right to improve any street or alley which may prevent CONTRACTOR from traveEng'; accustomed route or routes for collection. No additional compensation will be rl1ade to CONTRACTOR for interference due to street conditions. 14. ADMINISTRATION. CONTRACTOR shall maintain an office equipped with telephones and staffed with sufficient personnel to handle complaints, orders for special service, and/or to receive instructions. A. The offlce shall be staffed from Monday through Friday (except holidays). B. CONTRACTOR shall maintain a written log of all complaints, the date thereof and the action taken pursuant thereto or the reason for non-action. Such log of complaints shall be made available for inspection by the CITY or an authorized representative on a monthly basis. C. CONTRACTOR shall maintain resource recovery facility, transfer stations and/or landfill receipts from trucks carrying CITY refuse exclusively. Such receipts shall be made available for inspection by the CITY or an authorized representative. D. CONTRACTOR at the best of their ability, shall keep complete and accurate records in accordance with generally accepted accounting practices and to have an annual audit by an ind'~p;~ncjent accounting fInn; and shall make available for inspection by the CIT x 01' an authorized representative. E. CONTRACTOR shall provide 30 day advanced notice to the CITY of any change of ownership of CONTRACTOR. CONTRACTOR shall also provide the CITY with an affirmative undertaking regarding this Contract by the buyer of the Company. F. CONTRACTOR shall charge an administrative fee of $10.00 for changes that occur more than once a year from one level of service to another. 15. CHARGES 9 A. Charge Increase The parties agree that the charges stated in Appendix D shall be ine'eased upon review and approval by the City Council, For all increases of existing or upon the imposition of new federal, state, local, or other governmental agency excise taxes, sales tax, surcharges, or other charges. Itisagreed that there are no charges for services provided to the CITY office, CITY parks, and other CITY property. B. Collection Service CONTRACTOR shall provide customers with an itemized bill showing a breakdown of charges for refuse, yard waste, recyclable collection service, and any and all additional charges. i) Refuse Contract "Collection Rates" (see Appendix D). C. Annual Price Review The parties agree to increase the cost of the Contractor's payment by the Consumer Price Index (CPI) for year's three through five of this current contract term. Year's one and two all pricing shall hold consistent with the pricing addressed in Appendix D. The CPI and related increase will be defined by the Minnesota Department of Economic Security. It will be the CONTRACTOR'S responsibility to address the increase as described herein to the CITY. Such request shall be submitted in writing 60 days prior to an increase. The city Council shall act upon the review and increCise prior to implementation. D. Senior Citizen Discount CONTRACTOR shall provide a special rate for the senior pick-up (said rate shall be one dollar less than the monthly rate charge for 30 gallon service with curbside pick-up). The senior rate will apply to all occupants and residents who provide proof that they have reached the age of 65 and who have no more than two persons residing at said residence. E. Waste Management Fees CONTRACTOR shall bill waste management fees for services. F. Certification of Delinquent Pavments All Payments which are 30 days past due and having been properly billed to the occupant of the premises served, shall be delinquent. Occupant may be certified to the City Clerk who shall prepare an assessment roll each year providing for assessment of the delinquent account against the respective property served. CONTRACTOR shall submit this list to the City Clerk by September 1. The 10 assessment adoption on or before October 1 of each year, and upon approval thereof, the amount due shall be certified such charges to the County Auditor, shall specify the name of the owner of the premises, the descriptio~~ of the premises served and the amount thereof. The amount so certified shall be extended by the Auditor of the tax rolls against such premises in the same manner as other ta,'Ces. CONTRACTOR shall provide the CITY with a statement, at the time of certification, that the accounts to be certified are because of delinquency, and are not in dispute because of service standards of CONTRACTOR. 16. LIQUIDATED DAMAGES A. Notice To assure day-certain collection and a satisfactory collection service, CONTRACTOR will provide a means for call-back service on any customer missed on the scheduled day of collection. Notice by the CITY to CONTRACTOR shall include the name, address, and telephone number of the complaining party and the date of complaint. B. Failure to Respond Verified failure to make the collection shall be cause for CONTRACTOR to deduct $5.00 liquidated damage from the monthly payment due to CONTRACTOR. C. Exceptions For purposes of this Contract, CONTRACTOR shall not be deemed to be in default where its inability.to perform is the result of conditions beyond the control of CONTRACTOR? including, but not limited to, civil disorder, acts of God, weather severe enough that trucks cannot make collections, RDF or landfill closure, changes in applicable statutes, regulations, and ordinances; provided however, that CONTRACTOR shall exhaust every reasonable remedy to correct the conditions resulting iri its nonperfOlmance. In the event that CONTRACTOR fails to provide collection service. The CONTRACTOR shall have five (5) days (excluding Saturdays, Sundays, and holidays) to provide such service, and in the event of continuing failures beyond said period, CONTRACTOR shall not be entitled to payment for any customer not so serviced. 17. LIABILITY INSURANCE CONTRACTOR shall maintain and file a policy with the CITY on liability insurance during the whole period of the Contract in the sum of $500,000.00 covering claims for personal injuries to more than one person and $1,000,000.00 covering claims to more than one person in the same accident, and $500,000.00 for claims of injury to property which shall insure the CITY as a named insurance' as well as CONTRACTOR, against 11 liability imposed by law on the CITY or CONTRACTOR by reason of any act of admission of CONTRACTOR or its employees in connection with the performance of the Contract. Such policy shall be approved by the City Attorney and filed wi~h the City Clerk.. A certificate showing that CONTRACTOR has in force and effect the aforesaid insurance covering both CONTRACTOR and the CITY shall be filed with the City Clerk within ten (10) days from the execution of the Contract, and yearly thereafter at least thirty (30) days prior to the date of expiration of said policy of insurance for each year of the Contract. All of the foregoing to be in a company licensed to do business in the State of Minnesota and acceptable to the CITY. Memorandum policy and receipt for the. payment of premiums for at least one year in advance and on each renewal date be provided herein. CONTRACTOR understands and agrees once refuse is collected said refuse is the responsibility of the CONTRACTOR. CONTRACTOR shall hold harmless and indemnify the CITY for all claims, actions, darnages and causes of action of any kind whatsoever, including attorneys fees. The hold harmless and indemnification includes a11 claims involving hazardous waste and materials classified as hazardous according to the CITY, County, State and Federal regulations. 18. WORKER'S COMPENSATION INSURANCE CONTRACTOR shall at all times keep fully insured, at its own expense, all persons employed by it in connection with the performance of this contract as required by the laws of the State of Minnesota relating to Worker's Compensation Insurance and shall hold the CITY free and harmless from all liability from any cause that may arise by reason of injuries to any employee of CONTRACTOR who may be injured while performing work or labor necessary to carry out the provisions of the Contract. 19. PERFORMANCE OF CONTRACT A. Supply Necessary Items CONTRACTOR shall supply all labor, materials, and equipment necessary for the carrying out of this contract. B. No Claims CONTRACTOR further agrees to pay all persons doing work or furnishing skill, tools, machinery, materials, insurance premiums, equipment insurance, and supplies in and about the performance of this Contract. C. Indemnification. CONTRACTOR further agrees to take all precautions to protect the public against injury and to save the CITY hani11ess from all damages and claims of damages that may arise by reason of any negligence of CONTRACTOR'S or CONTRACTOR'S agents, or employees while engaged in the CITY against all claims, liens, expenses, and claims for lines of work, tools, machinery, materials, 12 insurance premiums, equipment or supplies, and against all loss by reason of the failure of CONTRACTOR in any respect to fully perform all obligations of this Contract. 20. EQUlPlVlENT A. Vehicle Protection All trucks or motor vehicles used by CONTRACTOR shall be watertight so as to not allow the leakage of liquids or refuse while hauling the same and shall be covered to prevent the scattering of its contents upon the public streets or private properties in the CITY. Should any garbage be dropped or spilled in collecting or transporting, it shall be immediately cleaned up. A broom and a shovel shall be carried on each vehicle at all times for this purpose. B. Cleaning All vehicles shall be hy. in a clean and sanitary condition. C. Painting The packer body shall be painted and numbered, and shall have the hauler's name and telephone number painted in letters of a contrasting color, at least three inches (3") high on each side ufthe vehicle and the number painted on the rear. D. Maintenance The trucks shall be maintained in good working order. They shall be equipped to meet all federal, state and municipal regulations concerning vehicles used on public roads and maintained to meet these standards. E. Vehicle Inspection All vehicle used in the performance of this Contract shall be made available for inspection at least once each year. However, if a vehicle has been inspected and approved by another city or governmental agency or certified inspector within the previous twelve (12) months, no additional inspection shall be required. F. Description of Vehicles CONTRACTOR shall furnish the CITY with a written description of all vehicles and equipment to be used within the CITY and in the performance of this Contract and shall advise the CITY of any withdrawal of a part of such equipment or of any such change. !\]:;o; CONTRACTOR will supply the CITY with Certificates of Insurance fix all vehicles used by CONTRACTOR in satisfying this Contract. . 13 G. Safety Equipment Each collection vehicle shall have a fire extinguisher (C02 type) and proper backup alarms approved by the CITY. 21. PERSONNEL REQUIREMENTS A. Responsibility i) There shall be no limitation on the size of the hauler's collection Crew, so long as they are sufficient to fulfill the requirements of the Contract. ii) Each collection crew shall adhere to, all applicable Ordinances of the CITY and all of those rules, regulations, and conditions for refuse collection as established by the CITY. B. Driver i) The driver must have a valid Commercial Driver License (CDL) appropriate for the type of vehicle driven. . . ii) The driver must adhere to all traffic laws. C. Collector i) The driver and collector (s) shall at all times have a courteous attitude toward the general public. ii) The driver and collector (s) shall be of sound character, competent, and sober and free of controlled substances throughout the entire work day. iii) The driver and collector (s) shall have the ability to remember the order of collection and location of all containers on the assigned routes. iv) The driver and collector (s) shall make a concerted effort to have at all times a presentable appearance. v.) The collector (s) on each crew sha..11 be physically able to perform their duties and at least eighteen (18) years old. 14 vi.) The collector (s) shall perform their work in a neat and quiet manner and clean up all refuse, yard waste, or recyc1ables spilled in collection under any circumstances vii.) All containers shall be replaced on the boulevard adjoining the curb. viii.) Damage to containers or other property shall be avoided. 22. SUPERVISION All services to be performed lor the CITY by CONTRACTOR pursuant to the terms or this Contract shall be supervised by such employee, agent, or officer of the CITY or its representative. 23. SAFETY CONTRACTOR shall provide and maintain all sanitary and safety accommodations for the use and protection of its employees as may be necessary to provide for their health and welfare and comply with federal, state, and local codes and regulations, as well as those of the bodies and tribunals having jurisdiction. Employee safety and sanitation facility regulations are set forth in Minnesota Statutes, Section 182 and in the Department of Labor and Industry's Labor and Safety Code (LISC 73-75). 24. TITLE Title to all refuse, yard waste and recyclable collected shall remain vested in CONTRACTOR until all said solid waste is delivered to its final processing location. 25. SUBLETTING or ASSIGNMENT of CONTRACT No assignment or subletting of this Contract, all or in part, will be permitted without written authorization of the CITY. CONTRACTOR also will be held responsible for full faithful performance of this Contract. 26. NON-DISCRIMINA TION CONTRACTOR agrees that, during the life of this Contract, CONTRACTOR will not, within the State of Minnesota, discriminate against any employee or applicant for employment under Nlinnesota Statutes, Section 181.59, and will include a similar provision in all subcontracts entered into for the performance thereof. This Contract may be canceled or terminated by the CITY, and all money due or to become due hereunder may be forfeited for a second subsequent violation of the terms and conditions of this paragraph. This paragraph is inserted in this Contract to comply with the provisions of Minnesota Statutes, Section 181.59. 15 27. HEALTH REGULATIONS and ORDINANCES The CONTRACTOR shall acquaint itself with all~lertinent CITY Ordinar.ces and shall comply with all health regulations and Ordinances of the CITY and the State of Minnesota in effect at this time or hereafter adopted. 28. GOVERNING LAW This contract is governed in all respects by the laws of the State of Minnesota, and all obligations are enforceable in accordance therewith; and CONTRACTOR where required, must obtain all licenses or permits to transact a refuse collection business in the CITY. 29. NOTICE. Except as otherwise herein provided, all notices required to be served by either party on the other shall be in writing and forwarded by certified mail to the principal office of the party to which notice is given, as follows; To the CITY: City of Centerville 1880 Main Street Centerville, "MN 55038 To the CONTRACTOR: Waste Management 10050 Naples St NE Blaine, MN 55449 All such notices shall be effective when received. 30. SEVERABILITY. All parts and provisions of this Contract are severable. If any part or provision shall be held invalid, the remainder of this Contract shall remain in effect. 31. DISPUTES. Any disputes or controversies arising out of the interpretation of the provisions of this Contract shall be submitted to arbitration in accordance with provisions of Paragraph 29 of this Contract. However, if the CITY determines a irrevocable breach of Contract, this Contract will be considered void and CONTRACTOR will be given 30 days notice of service termination. 16 32. INDEPENDENT CONTRACTORS. CONTRACTOR is declared to be an independent contractor, and nothing in (his Contract shall be construed to create th<: relationship of employee between the CITY and CONTRACTOR or its agents, ;J[ make CONTRACTOR, its agents, or employees, subject to CITY Personnel Policies. 33. ENTIRE AGREEMENT. This Contract, with Appendix A" B, C, D, incorporated herein by reference, is the entire agreement between the parties. No modification of this Contract shall be valid or effective, unless made in writing and signed by the parties hereto, IN WITNESS WHEREOF, the parties hereto have set their hands on this 1st day of November, 1999. c~~ C/<--~ L--/ Bruce Malec, Jr Division President Waste Management Tom Wilharber Mayor City of Centerville c' 11~ J2:t City Administrator City of Centerville 17 l ,'iO~ QY.v'ft.. JtY of ~)r.l'~v)J: ~~ _ ~ -0uJ / ~s APPENDIXA ~ ~ . -J; /;(, 0 Non-Standard Material Collected pI /' Y lj / O,R"r:t The following non-standard materials that are in excess of the normal amount generated 't\. by a household shall be collected as a "take-all" contract an~~or all residents of the ~ CITY without consideration of the volume container registere or the resident. All items outside the following list will be billed separately to the individual resident upon scheduled collection and fee arrangements with thy CONTRACTOR. 1. 30 gallon bag 2. Auto Car Seat-single Auto Car Seat-Bench 3. Appliances 4. #: ~ . Mattress and/or Box Spring~. /0 tL~ 5. ~amtfur-Ptld per yard 6. Laundry tub 7. Chair-Lazy-boy style Q u. Couch 9. Hl'tle=a-bed - Lawn Mower / (l~ t- Cl... y~) 10. 11. Table > <s/h flevtd~ 12. .'. --'Portable Television l-s:-'--€onsole T elevislOn 14. Bathtub or sink 15... Toilet 16. Kitchen Chair l~. Car Tires (;J Per HO'l'}ehold Por Y c;ar) fw1~ 18 APPEND IX B Recyclable Materials, including, but not limited to, the follo'~;riIlg: Aluminum Corrugated Cardboard (non-contaminated) Glass Bottles Newspaper Office paper Non-aerosol metal cans Plastic bottles, #t-aH4-#2 t') tL fULL. (L..- Magazines, catalogs, phone books :reAt~les t-JD Scrap Metal HoqrwbGld Daltaies- tJ 0 .. / ~H5ed 1\10t01 Oil (1 gallvh pGf month) - IV c, L~-'Acid Dattcric~ (2 pcr year) - No 19 APPENDIX C List of Holidavs 1. New Year's Day (January 1) 2. Memorial Day 3. Independence Day (July 4) 4. Labor Day 5. Thanksgiving Day 6. Christmas Day (December 25) 20 21 . .. Effective: 2/27/59 City of Centerville Ord. #1 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE ORDINANCE #1 AN ORDINANCE DEFINING GARBAGE, RUBBISH AND WATER MATTER AND PROVIDING FOR AND REGULATING THE KEEPING, GATHERING, RECEIVING, DISPOSING AND DESTROYING THEREOF: MAKING IT UNLA WFUL TO SPILL GARBAGE, RUBBISH OR WATER MATTER OF ANY KIND UPON THE PUBLIC WAYS OF THE VILLAGE OF CENTERVILLE: PROVIDING THE MUNICIPAL COLLECTION OF GARBAGE BY CONTRACT, PROVIDING FOR THE ESTABLISHMENT OF FEES TO BE CHARGED FOR GARBAGE COLLECTIONS: PROVIDING A PENALTY FOR VIOLATION OF THE PROVISIONS OF THIS ORDINANCE: AND REPEALING INCONSISTENT ORDINANCES. THE CITY COUNCIL OF THE CITY OF CENTERVILLE ORDAINS: SECTION 1. DEFINITIONS. (1) v:;o( () (2) (3) (4) Garbage as used in this ordinance, applies to both residences and businesses and commercial enterprises, and shall consist of organic refuse resulting from the preparation of food and decayed and spoiled food from any source, dead animals of not more than 10 pounds weights each, and glass and tin cans in which foods are customarily purchased. Rubbish, as the ~ used in this ordinance, consists of wood, leaves, chips shavings, printe~;' paper, paste board, grass, rags, straw discarded wearing apparel, and all other combustible matter not included in this ordinance under the term garbage. Waste matter, as the words are used in this ordinance, consists of natural soil, earth, sand, clay, gravel, loam, brick, plaster, ashes, and all noncombustible matter. Farm, as the word is used in this ordinance, shall consist of any tract ofland five (5) acres or greater in area used for agricultural purposes. SECTION 2. CARE OF GARBAGE. It shall be the duty of every tenant, lessee, or occupant of every private dwelling house, or commercial enterprise, and the owner of every furnished flat or apartment house, or business Page 1 of 4 . ... Effective: 2/27/59 City of Centerville Ord. #1 building, except upon a fann, to provide, without expense to the City of Centerville, and at all times to keep upon the lot upon which such building is located, suitable and sufficient cans or receptacles with suitable handles and have a tight fitting cover for receiving and holding without leakage or escape of odors, all the garbage which would ordinarily accumulate on said premises in one week's time. Such cans shall have a minimum capacity of 10 gallons and a maximum capacity of 30 gallons. * * Amended 12/14/88 AlJartment owners of apartment buildings with more than two units shall have a bin on said premises, the size/capacity to be determined by the garbage collection Contractor. All such cans, receptacles, and bins shall be placed so as to be located not more than 35 feet from the point to which the garbage pickup truck may be driven and shall not be located so as to be a public nuisance or in any way offensive. * All garbage shall be wrapped dry and wrapped in paper or placed in a paper bag or cardboard box before it is placed into the garbage can or receptacle. No rubbish or waste matter shall be placed in said garbage cans or receptacle. No garbage can or receptacle shall be placed in any public place. It shall be unlawful to keep, place or deposit garbage on any private grounds or premises except in cans or receptacles as designated by this ordinance. The Building Inspector shall be the exclusive judge ofthe efficiency of such garbage cans, receptacles and located areas. It shall be unlawful to keep, place or deposit garbage, waste matter, or rubbish on the public ways of the City of Centerville. Garbage in bags shall not be placed outdoors for pick-up except on the date of pick-up. ** SECTION 3. This City Council may license a contractor to collect garbage in the City of Centerville upon payment of a license fee in the sum of$1 0.00. The City Council may contract with said licensee for the collection of garbage in the City ofCenterville on such terms and for such periods as the Council may from time to time determine. It shall be unlawful for any other person or persons to move or carry away any garbage, except from his own premises, except by special permission of the City Council. SECTION 4. The independent contractor shall furnish his own equipment and labor for the collection of garbage. The independent contractor shall collect garbage within the City ofCenterville and no other person shall make a business of or collect any place within the City of Centerville. The garbage so collected by such independent contractor shall be disposed of by said contractor in a sanitary manner. The independent contractor shall furnish a performance bond in the amount of $1,000.00, conditioned upon the satisfactory performance of his contract. The independent contractor shall at Page 2 of 4 . Effective: 2/27/59 City ofCenterville Ord. #1 all times maintain insurance on all of his equipment, against liability imposed by law, for personal injury in the amount of at least $50,000.00 for injury to anyone person and $100,000.00 for personal injuries arising out of anyone accident and $10,000.00 for property damage. A certificate of said insurance shall be filed with the Clerk. * Amended 12-14-88 ** Amended3-13-74 SECTION 5. The Contractor of this City of Centerville shall charge a fee to each place or person served, on the basis of services rendered. The amount of said fee shall be determined by the Council. The Contractor may collect the fee directly, if authorized by the Council, and in such case, he shall keep accurate records of all his fee collections and he shall report his fee collections monthly to the Clerk of the City of Centerville. The statements for such fees shall be sent to the place or person served at such intervals as the Council shall determine. The Council may provide for a cash discount on such bills or for a discount for prepayment of an account. The contract with the independent contractor shall be based upon unit price. SECTION 6. It shall be lawful in case any person shall default in the payment of the garbage collection fees for the City Council to collect its fee therefore from said person or the owner ofthe real property from which the garbage was collected, by civil action or by assessing the same against the real estate. SECTION 7. All licenses granted for the collection of garbage prior to the adoption ofthis ordinance shall terminate on the effective date of this ordinance. SECTION 8. Any persons violating any provision of this ordinance shall upon conviction thereof by subj ect to a fine of not exceeding $100.00 or imprisonment for not exceeding 90 days. SECTION 9. All ordinance or provisions thereof inconsistent with the provisions of the ordinance are hereby repealed. Page 3 of 4 . Effective: 2/27/59 City ofCenterville Ord. #1 SECTION 10. This ordinance shall become effective upon its publication. Adopted by the Village Council this 2ih day of February, 1959. ATTEST: Francis V. Burque Mayor Dan 1. Tourville Clerk Published in The Anoka Herald on March 12, 1959. Page 4 of 4 Teresa Bender F!1'Om: Sent: To: Subject: James Hoeft [jhoeft@bgslaw.com} Friday, January 17, 2003 11 :27 AM tbender@centervillemn.com Re: Interim Ordinance - Slaughterhouse-Butcher Shop(s) Looks good. Have a great weekend. JDH >>> "Teresa Bender" <tbender@centervillemn.com> 01/16/03 02:47PM >>> Dear Jim: Attached, please find a draft Interim Ordinance for Slaughterhouse-Butcher Shop(s) Moratorium. Please review and let me know. Teresa 1 " ~ ~. ci TO: Honorable Mayor and Council Members A" City Clerk, Teresa Bender I.B' FROM: SUBJECT: Tom Thumb Hearing DATE: January 17, 2003 As you may be aware, the previous Council motioned to denial Tom Thumb's 2003 Tobacco License renewal due to multiple failures of compliance. For the past three (3) years Tom Thumb has failed the state mandated tobacco compliance checks. Attached, you will find previous minutes regarding this matter, previous resolutions fining Tom Thumb for violations, a letter from Officer Dale Bernardy and Chief Heckman's recommendation not to renew. You will also find a copy of Ordinance #66. Per Ordinance #66 allows, a hearing has been requested by Tom Thumb. It. Officer Dale N. Bernardy Centennial Lakes Police Department 200 Civic Heights Circle Circle Pines :MN 55014 763-784-2501 October 22, 2002 Kim Moore Sykes City Administrator 1880 Main St. Centerville lV:[N" 55038 Kim , During the state mandated tobacco sales compliance cb,eck that I conducted on October 10th 2002 businesses in your city that is licensed; to sell tobacco failed the check.- I directed an underage buyer into these businesses for the purposes of ensuring that the businesses are taking the appropriate measures to sell their tobacco products to adults. The business that failed the compliance check is listed below. Tom Thumb Kelly's Corner 1801 J.1ain St. 7098 Centerville Rd. The employees that sold the tobacco to the underage buyer was cited for the violation under state statue 609.685. This violation is a misdemeanor. I am advising you of the violation since this sale to the underage buyer is also a violation of your city ordinance number 66. Because of this, YOUIordinance lists specific civil sanctions that you can impose on the employee and tobacco license holder for those business. Please feel free to contact me if you have any questions regarding this matter. Sincerely, ~~\ -~--_/,\ ? \'-t' 4--/\; \1 \\ D. Bernardy #117 V CLPD Tobacco Compliance Officer fervi{{e 'Estaflished 1857 ocr " 5 2002 1880 ~Jv{ain Street ~ Centervi[[e, ~Jv{'J\[ 55038 (651) 429-3232 @> :Ja;c (651) 429-8629 STATE OF MINNESOTA CITY OF CENTERVILLE COUNTY OF ANOKA Application No. RENEWAL APPLICATION FOR LICENSE TO SELL TOBACCO PRODUCTS AT RETAIL Theundersigned,residing~~~b;;/4::lq5 intheCityof Cf-r1 ky VI 1\0 in the County of &0(:.--<1.-/ , State of Minnesota, Residence Telephone: wr}!jj:]- qD ~3 HEREBY MAKES APPLICATION FOR LICENSE to be issued to DBA TOM THUMB FOOD MARKETS, to sell tobacco products at retail at 801 MAIN STREET, Business Telephone: 0i )~ .l-{tptffJm the City of Centerville, Anoka County, lvfinnesota for the term of one (1) year beginning with the 1st day of January, 2003, subject to the laws of the State of Minnesota and the ordinances and regulations of said City ofCentervillepertaining thereto, and herewith deposit $75.00 in payment of the fee therefore. By signing this renewal application, applicant certifies that there has been no change in ownership, corporate officers, or partners. If changes have occurred during the past 12 months, complete in its entirety the attached Tax Oearance Information, then sign below. Date:Cc~bef rEf :l(XJ;)" LIrluktt Il. ~~ Signature . &{/(J;eJIL R ;;a;-.L-c ame (print) FOR OFFICE USE ONLY (Do not write below this line) Report by Police Department This is to certifY that the applicant and the associates, named herein have not been convicted within the past five years of any violation of federal, state or local law, ordinance provision, or other regulation relating to tobacco or tobacco products, or tobacco related devices, or any felony within the last ten years. Signature Title IO/;O /rz--5A1-6 ~;c:: 7O~AccU Jr 41/~tlt€ ~~J 1//;010) ->A"z,e tJP YO~Aao Jb /ft/NeJ<-t- . _ ~__. -" _ _ __J_A~ I It C4mJ1JP#I~J /Jon - (elle ervi{[e 1880 Main Street (.j Centervi[[e/ M'J{ 55038 (651) 429-3232 ~:Fa?( (651) 429-8629 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE RESOLUTION #02-002 CONSIDERATION OF ASSESSING AN ADMINISTRATIVE FINE FOR A 2ND OFFENSE VIOLATION OF ORDINANCE #66 WITHIN A TWENTY-FOUR (24) MONTH PERIOD OF TIME - TOM THUMB FOOD MARKET (STORE #295) THE CITY OF CENTERVILLE RESOLVES: WHEREAS, the City Council of the City of Centerville met on February 13, 2002, at City Hall; and, WHEREAS, the City Council of the City of Centerville has been notified by the Centennial Lakes Police Department that Tom Thumb Food Market (Store #295) recently failed their Compliance Check for the year 2001 and upon further research, also failed their 2000 Compliance Check; WHEREAS, the City Council of the City of Centerville notified both Store #295 and Tom Thumb Headquarters of the abovementioned Compliance Check violations and meeting to discuss this issue; WHEREAS, the City Council of the City of Centerville discussed and considered assessing an administrative fine for violations of Ordinance #66, The Sale of Tobacco; THE CITY OF CENTERVILLE HEREBY RESOLVES, to impose an administrative fine of $&C. {)() on Tom Thumb Food Markets for the aforementioned Ordinance Violation. Passed by the City Council ofthe City ofCenterville t~r-13th}a ofFj rary,2002. ~ ' '1 c/' /' v .. {J f 1".--- , Mayor Tim Swedberg City of Centerville November 13, 2002 Council Meeting Minutes VOTE: Ayes - 4, Nays -1(Broussard Vickers). Motion carried. 5. Liquor License Renewal - 2003 Motion by Council Member Broussard Vickers, seconded by Council Member Travis to approve the liquor license renewals for 2003 for Richard A. DeFoe Ent., Inc. dba W~ter Works Beach Club, Mountain Enterprises, Inc. dba, Trio Inn, SaHawk, Inc. dba Sager's Liquor and Wiseguys Pizza, Inc. based on approval by the Police Chief and completion of aU required information. Mayor Swedberg asked if the licensees were going to follow the best practices. Ms. Moore-Sykes indicated she met with the license holders to discuss the requirements and the liquor license holders felt it would be a good idea to have other business owners be privy to the information shared. Council Member Nelson asked if Ms. Moore-Sykes had the 40-point selection in her office. Ms. Moore-Sykes indicated she did have it. VOTE: All in favor. Motion carried unanimously. 6. Tobacco License Renewal- 2003 Mayor Swedberg indicated the Police Chief is recommending that Tom Thumb's license to sell tobacco products not be renewed. Motion bv Council Member Broussard Vickers, seconded by Council Member Nelson to fine Kelly's Korner $500 for a second violation of selling tobacco to an underage person. AU in favor. Motion carried unanimously. Motion by Council Member Broussard Vickers, seconded by Council Member Nelson to fine Tom Thumb $750 for a third violation of selling tobacco to an underage person. AU in favor. Motion carried unanimously. Motion by Council Member Broussard Vickers, seconded by Council Member Nelson to deny the renewal of Tom Thumb's tobacco license based on the recommendation of the Police Chief due to repeated yiolations of selling tobacco to minors. City Attorney Hoeft reminded Council that the City would need to notify Tom Thumb that the license would not be renewed as well as a notice that they may appeal the decision. Council Member Capra expressed concern with the recent decision by the City of Bumsville to revoke the tobacco license of SuperAmerica as it was overturned in the Page 23 of29 -terrviile ".., C"" ( r.::'7 '1:sta!ot,lSnE,f)~ 18./, ,. ',. ._'~ __ ~, 1880 'Jv[ain Street @ Centervi[[e/ '},;{gI,[ SSG!!. (651j 429-3232 \'f) :Ju;c (651) 429-8629 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE RESOLUTION #02 - 058 CONSIDERATION OF ASSESSIN'G AN AD.MINISTRATIVE FINE FOR A 3rd OFFENSE VIOLATION OF ORDINANCE #66 - TOlVI THUMB FOOD MARKET (STORE #295) THE CITY OF CENTERVILLE RESOL YES: WHEREAS, the City Council of the City ofCenterville met on November 13, 2002, at City Hall; and WHEREAS, the City Council of the City of Centerville has been notified by the Centennial Lakes Police Department that Tom Thumb Food Market (Store #295) recently failed their Compliance Check for the year 2002 and upon further research, also failed their 2001 & 2000 Compliance Check; and WHEREAS, the City Council of the City of Centerville has accepted the Police Chief's recommendation not to renew Tom Thumb Food Market's (Store #295) tobacco license for the year 2003; and WHEREAS, the City Council of the City of Centerville discussed and considered assessing an administrative fine for violations of Ordinance #66, The Sale of Tobacco and the non-renewal of their license for the upcoming year of 2003; and NOW, THEREFORE LET IT BE RESOLVED THAT THE CITY OF CENTERVILLE, imposes an administrative fine of $750.00 on Tom Thumb Food Markets for the aforementioned Ordinance Violation and takes action not to renew their submitted tobacco renewal license application for the year 2003, Passed by the City Council of the City ofCenterville thi~~13~/day ofNo't;c;nber, 2002, . ~/// <",/( //' /~f~ ( --------9~<?:~/'--.c,' Mayor, Tim Swedberg' /~// . // fY ATTEST:, '/ .~ ". .,... '~"", ^'l~~ J>.,:/ii' '2:;:~, City Clerk, Teresa Bender t:~ n ,..... ~ a. ~ ~ fJ1 :: ~ rt z~ o ~ . ~ N o o =€f:F Wio-..J 101 O. )-1.0 o , . \ \ ;. ' ~ <, K;. 0\"""~ ~> ",..-.J ~ \ '\.. '\ n o z o ~ ~ ~ o z >~ ~. ~C ~n i-'rn '"I Z ~m ~m (j~ ;0 ~m 8m ~ t-'< ~ o to S n o t Teresa Bender From: Teresa Bender [tbender@centervillemn.com] Sent: Friday, January 17, 20032:42 PM To: Henry Votel (gudim1 @isd.net) Subject: Waiver Dear Henry: Thanks for helping me revise the waiver to include Mr. Keller. I will have originals on City letterhead available at the meeting. Teresa 1/17/2003 ~ _;::,_ 4 __ 4 , 'Itervi[[e ;/ ~jV~" CUta6[ished 1857 1880 :Main Street . Centervi[[e; %:A[ 55038 (651) 429-3232 . :Tal( (651) 429-8629 January 17, 2003 I, Mr. Henry V otel and Mr. Thomas Keller applicants, agree that we are waiving the time period requirements for the City of Centerville to act on our Special Use Permit Application request due to the subject property owners lack of platting, subdividing and recording of the property known as "parcel C" (see attached documentation) for the site on which we desire to develop (self-storage facility). This waiver will allow this issue to be brought before the Planning and Zoning Commission and the City Council of the City of Centerville at a later date without us having to again pay the fee of $175 originally paid on December 12, 2002. This waiver only applies to our original submission on December 12, 2002 and will not be valid for any other parcel than that on record at City Hall and the attached documentation. Mr. Henry V otel & Mr. Thomas Keller Date /, I I [~-- i~, -0 h!'= I "" <: <:0 ~~ ",Il) ~ts 8Z "';;: <:Il) .0 III to ~~ ~~ ~~ J::~ ;.J~ ~~ ...", ~~ "'~ ""w ~i'; z"- ""0 "'.... 0'- e:~ >-Z ,",w ~~~ ""'=u..a: "-0 . ~~5 ~:J . ~__~ _ '0' c ". ! _~ ~~__ ,cO ; oi ~~;~ :i:;:'~ ,~;f~; J~: ~::6~245~:,:~:ol:"\~ !~~ I " . ,~ , ,mSOdO"d i / I - I . ( I I " ' - ---=,","~ .. ,.L .1... I ~ Ie' I,' , ,~- I T' I ~'~ > I "- w ro I g~ ItA I G3~ 0 w <" - ~ <1..0 or I ~.~ -:::J < I a. <( ! ..... LJ 1-8 I ~~ <D N a:i /' 1.1 I I 1.1 I, orrZ99 .M".9g,OZotos N,..<;O,9roOOS ~ 9<;',,99 1 z~ ~'''' z;;:;' ;;:" <: ",,'" <:'" :::Ju w{7j \.JI' j /' L V ) ,..( ) J ..", ""-'" ~ci ....-. ""-") " ;;:" ID ~... Wd w ;;'" (5 W --'0 ~ g: tJ~ ...... () -1<( ~N ~ ~. l' ~ 6- ./ J ) (- ~..J\ n () ",; ,x J , c) n, --..J ," _\ -:;': /, .J ~- .---:-- z", ;;:'" Il)ci ~;;' \'''','' "", <:", ~"'~ ~ ~~>J::: o~?i ,,'" ,,-'" ..... Il)'" .. ~cj <0"" <oil) Il)"- wO "'z "-;;: Oil) "'''' ~'" <'.::S c;":':" . >~~_t~J.1;_::~h)(~~ J;E"r . " ~~~:~ ~ 3 5 .--' E'o~ ~E~ -<: . >-.," -..o:.:r ./ '0 o III ..... .", ... ... Z~ ~<: <:0 ,,-I:: oC3 ",Il) "'''- ~o 0.. 0.",,- bj~ ,1-- \\ i';"- .!~} . ;;,z ~~ 0"- m ~ 0 '" .... I') '" '- ~~ "-Z >-w.- ~j!:~ ~~a:: ;-~~ ~ w~ ~wu ~~.~ zg: ~'" Z;;' ;1-,: <: '" ~_C\/ :::i'v vib{ N ~ <Xl' 0: .to,;. CYl,.; ,..,~ o~~'i\--{ I'-~Q ""'\. .,:~..!-q'i)-;'~):'~""~"" pO ~ :\.ll'-G~' ~ l>-S~ Q:~~~\I'--{ . ~lO i ~ 0 L:j t':), ",:;;!z: ,- 6t:a " ~~~' or I \ 0. :::>,~ I ,t~~ I / g~<3 i / g;"a:: ~I~ Ii!::: I: I~ 1- ..J~ ~- 10) - I~ f- - , " o :{~~ I Ef:;~1 o.~'" f5~~ I 0. '" tti~ I ;;j b~~ I ~ t'l;i~ l o 10<' ~... ...........- ""~ , ' _s:... N< N~ " - :5 ~E o~i ~~~ ~:2i ~ ~ ~ i=- '" ' '5";.1: ~N~ ~~ ~ _~E 0'" , j~] 82- c . o , '0' a;Ol( if) . .....~t' ~1~ ~l1 ( ... ' L.L < -' I' "L.1. _ , ... _ J <: :1 l .. CE1\;ITER VILI,]i~ p,v[mN~~SOTA #66 City Code #- 66 of Tohacco ordain as foHows: Sect.ii1X1 1. The in its entirety. is hereby adopting City Code #66 Tli}liJltB~r1JJ 66JH. purchase or otherwise obtain, d.evlces, and su:ch sales, because studies, vvhich the smoking before they o. f 19 ""'''I''' .'1\j1t1lnU1, ;,'1'lV1Qo- ,...., - 0 }\.J(,.u..;3 "'..1... l""'d' '"' ,._-c,'u.....tj because srnokinghas been subsequently place a financial intended to regulate the sah~, related devices fix the against the serious e:rrects devices, and to further official young people :B.-om starting to smoke as under the ageDI' ISyeal's tobacco prodi1cts, and tobacco related 01both State and Federal laws; and have shown that most smokers begi.n that those persons who reach the age less likely to begin smoking; and several serious health problems which of government; This ordinance shaH be Lise of tobacco, tobacco products, and tobacco el:;}sting laws, to protect minors U3!e oftobacco, tobacco products,und tobacco State of.rvIinnesota in regard to preventing rt. ;;'144 "91 ,'Jtat ~. / .:J . 66))2 ]:j)~~ft'fuj1)J1tfr'l)'lE~S. Hi following terms are defined as follows: '-- Subd. 1 Tobacc() or T~)bacco t~roduct2.. "'Tobacco" or "Tobacco products" shaH mean any substance or itcrH containing leaf; indudii1g but not limited to, cigarettes; , . 1 .01.' .c 1 1 . '. .. CIgars; pIpe tObacco; SHUH; lme cut or otaer cae'\ivmg to(JUCCO; cneroots; stogIes; penque; granulated plug cut, crimp cut, ready-rubbed, and smoking tobacco; snuff flowers; cavendish; shorts; plug and twist tobaccos; dipping tobaccos; refhse scraps; clippings; cuttings; and svveepings oftobacco; and other f(xmsoftobacco leaf prepared in such manner as to be suitable for chewing, snifHng, or ,smoking, Subd.2 Tobu~jco Related Devi~~s. tobacco prorlu.ct as -v'vell as a f{)11il1g Of intended to be used a manner tobacco or tobacco products. "Tobacco related devices" shall mean any or other device intentionally designed enables the che'vving, sniffing, or smoking of 1 ... " . ~ubd. 3 SeIf-Service Merchandising. "Self-Service Merchandising" shaH mean open displays of tobacco, tobacco products, or tobacco related devices in any manner where any person shaH have access to the tobacco. tobacco products, or tobacco related devices, without the assistance or intervention cfthe licensee or the licensee's employee. The assistance or intervention shall entail the actual physical exchange of the tobacco, tobacco product, or tobacco related device bet'vveen the customer and the licensee or employee. Self-service merchandising shaH not include vending machines. Subd. 4 Vending I'vfachines. "Vending shall mean any mechanical, electric or electronic, or other type of devicewh1ch dispenses tobacco, tobacco products, or tobacco related devices upon the insertion money, tokens, or other form of payment directly into the machine by the person seeking to purchase the tobacco, tobacco product, or tobacco related device. Subd. 5 Individually Pack~. "Individually packaged" shall mean the practice of selling any tobacco or tobacco product vt'fapped individually for sale. Individually wrapped tobacco and tobacco products shaH include, but not be limited to, single cigarette packs, single bags or cans of loose tobacco in any form, and single cans or other packing of snuff or chewing tobacco. Caxioi1s or other packaging containing more than a single 1 ' . '.0 ,. . ,. .. 1. 1t b . , d.'.'d l' pac ,[ or otner contamer as nesen' eo m SUiD(11Vl310n Sil.1a l\ not e conSlCere mCUV1' ua Jy packaged. Siuhd. 6 Loosies. "Loosies" shaH mean the common tenn used to refer to a single or individually packaged cigarette, Subd. 7 Nlinor. "Minor" shall mean the age of eighteen (18) years. natural person who has not yet reached Subd. 8 Retail Establishment. "R.etail establishment" shaH mean any place of business where tobacco, tobacco products, or tobalx:o related devices are available I'hr sale to the general public. Retail establishment shaH indude, but not be limited to, grocery stores, convenience stores and restaurants, Subd. 9 Ivfoveable Place of Business. Place of Business" shall refer to any form of business operated out of a truck, van, automobile, or other type of vehicle or transportable shelter and not a fixed address, sUre or other permanent type of stmcture authorized for sales transactions. Subd. 10 Sale. _A "sale" shall mean any transfer of goods for money, trade, barter, or other consideration. 2 f " 11 CO!1rmliance Chceck:s. "ComDliance checks" shall mean the svstem the dtv '~...~~.------.~- . .t -'. .J and ensure those authorized to sen tobacco, tobacco products, and are and complyingvvith the requirements of this the use of minors as authorized by this mean the use of minors who attempt to related devices for educational, research and Federal lave'S. Other units of State, or localla-ws may relating to tobacco, tobacco products llses to tobacco related J~O\VefIl!11el1t ordinance. ordinance. purchase tobacco, tobacco and training as n",o. A1wt." (W tf>bfl'.'CP X,.Jl!l. u""'.,,.I...., V.i ,",_J' 'y,,,,,...~,'-" to seI1 any tobacco, tob{HX~O a license to do 80 fiom the city. a t~) geU tobacCro~ on a form provided by the applicant's residential during a shall determine that an application is . to the applicant ')\lith deems necessary. UDon recei-pI t ,J -'I. . applicatiqn to the council rneetiHg. If the clerk he or she shall return the application to Knake tb.,&; application cornplete. Subd. 2. anDwve or deny the license. or it mav r J.: ,~ ~ .,) ,c'no", t. .', ,~j t ", -; "-e"+~ ,,,.,+;,... of,,' "r1.e dUH.. <) \.,IJIH!Ji!\; e cb1Y "h \ly':;U.5"~&'~' ,A dJi council shall aVVfOve the license, .:!. .!: council denies the license, notice notice of the applicant's right 'to delaya(:tion a application or the the clerk of the denial ;::lh<111 appeai the council's decisicHl. Subd. 3 lli2n~n. .,-j',~. C<", ')" Y . '" inl " 'n I., ,"3' f.A f:]1']<dlC", h1L$ e",plfc" c...A;ce"lue. .1, of the year the license \)vas SGbd. ;{ license under this ordinance may be the Council. revoiced -or sRlspendecl as Subd. 5 on the prernises fix which license was issued. be valid without the a :nefund of the under tvjs ordinance shaH be valid only only for the person (s) to whom the to another location or person Of entity shall The licensee shaH not be entitled to or ceasimz the licensed activitv. v ~ " >i ". Subd. 6 Dis!Jlay. All licenses shan be posted and displayed in plain view of the general public on the licensed prerr.ci.se. Subd. 7 Renewals. The renewal of a license issued under this section shall be handled in the same manner as the original application. The request for a renewal shall be made at least thirty days but no more than sixty days before the expiration of the current license. The issuance of a license issued under this ordinance shaH be considered a privilege and not an absolute right of the applicant and shall not entitle the holder to an automatic renewal of the license. 66.04 Fees. No license shall be issued under this ordinance until the appropriate license fee is paid in fun. The fee fix a license under this ordinance shall be determined by resolution af the City Cauncil. 66.05 Basis f([])E" DendaE of IJ~<celil!~e. The following shaH be grounds f<Dr denying the issuance or renewal of a license under dris ardinance; however, e)ccept as may otherwise be 'd " 1 h' i:> '1 rl";' . d h h . proV1 eo DY aw, t e eXIStence 01 any pa!iJcu.ar grounu wrnema! . roes not mean t . at t e City must deny the license. If a license is rnistakenly issued or renewed to a person, it shaH be revaked upon the discover! that the person was ineligible the license under this Section: A. The applicant is under the age af B. The applicant has been canvictedwittKin the five years of any vialation of a Federal, Sta.te or local law, ardinance provision, or other regulation relating to tobacca or tobacco products or tobacco related devices. C. Trle applicant has l1ad a license to sell to.baaeo, tobacco products, or tol1acco related devices revoked within the preceding hvelve months of the date of application. D. The applicant fails to provide any infom1ation required on the application, lOr provides false or misleading iflJtormation. E. The applicant is prohibited Federal, State, or other lacal1avv, ordinance, or . other regulation, fh)ill holdi.!lg such a license. 66.06 lP'l1"@bibited Salines. It shaUbe a violatian ofthis ordinance for any persnn ta sen or offer ta seUany tobacco, tobacco product, or tabae.co related device: A to any person under the age of eighteen (18) years. B. By means of any rype of vending maehine, except as may othervvise be provided in this ordinance. 4 ( 1c) an the customer does not need to make 1'" ~ -~~ ,J ~,. ., or tl1e dCenSeo. prer"Jse moraeI' to or tobacco related devices and vvhereby tobacco products, or tobacco related licensee's employee, and the customer. or rrlearig 6 of this 4J[tiin,auci0. <1(nIrhnos }J """-.i !;..I ! ,_ or crHltroHed s11bstan.ces or or added as part an Ii' or tiiiflilJJ'7 lHlder this l11e3JJB tJ l' . Hcensed or 41 this ordinance to ,,:, J[ aUow sale th.{;:; cLlStorn.er h}l a:n.y rn.eans vv'D.ereb)T to the item limn the lice11see physical. exchange of the tobacco, tobacco licensee or his or her derk and the customer. either be stored behind a other storage unit not tobacco products, c0i11ply vl1ith this Section stores v'\lhich derive at ami. which cannot be l1f the licensee1s 'Vvithin e.ntf;;red at of age. ifu6J~9 a sale by the license fi'om also or Federal be responsible f{)f the nroaucts.. or tDb{~cc[~ relaterl 1. ,,' an item by an employee shall be considered be as Drohibiting: the eilV > c.. 0 under this Ordinance, State a~.::tl0!lS ordinalb:;ie tobacco 66.10 prem15k.;S shall be open to "''''''PI::!'- h"'''1in",Q", hC'PfQ 1~ ~i<"'e"""";..''''''''.Ii ~_n.4I..._Jt """.'.....,.Jl _,U: JU f:.:.... c,olnplial1ce cl1ec.ks by inspection From c; c, engaging, with the written consent of their parents or minors over the age of fifteen (15) years but less than eighteen (18) years, to enter E\ensed prernise to attempt to purchase tobacco, tobacco products, or tobacco related devices. IvIinors used for the purpose of compliance checks shaH be supervised by city desigm~;.ew enforcement officers or other designated city personnel. .l\1inors used for compliance checks shall not be guilty ofurua'lftlfhl possession or tobacco, tobacco products, or tobacco related devices when such items are obtained as a part orthe compliance check. No minor used in compliance checks shaH attempt to use a false identification 11lisrepresenting the minor's age, and aU minors IavvfhUy engaged in a compliance check shall answer all questions about the minor's age asked by the licensee or or her employee and shall produce any identification, if any exists, for which he or she is asked. Nothing in this Section shaH prohibit compliance checks authorized by State or F'edeml Im,l\ls for educational, research, or training purposes, or required for the enforcement of a particular State or F ederallaw. 6ltLfLl Other iH~ Ad1'l, Unless othenvise .violation of this ordinance. following acts shall be a Subd. 1 .IJk.gaJ Sales. It shaH be 11 violation sen or othervvise provide any tobacco, any W.ll'J,or. ordinance for an'\! Demon to -' , or tc;bacco related rle-vice to Subd. 2 mega! Possession. It shall be a to have in his or her possession any tobacco, Trrts subdivision shaH not apply to ffl'lnors ordinance for any minor product, or toba~>c;o related device. v ' I. a compmm.:::::e chec<,_. Subd. 3 megal Use. It shaH a chew, sniff: or othenvise use any tobacco to Subd. 4 ~ Procurement It shaH '" of this mdinance any mmor to purchase or attempt to purchase or othervvlse obtaL.'1 tobacco, tobacco or tobacco related device, and it shaH be a violation of this ordinance for any person to purchase or otherwise obtain such ite-ms on behBJf of a jjljnof. It shall further be a . ~. f' . 'F' 11 ' VlO.atlOn or any person to coerce or attempt to coerce a mmor to hlega y purcnase cy othen-vise obtain or use any tobacco, tobacco product, or tobacco related device. This subdivision shaH not apply to minors lavv:fuHy involved in a compliance check. Subd. 5 Use ofFal~. It shaH be a violation ofthis ordinance for any minor to attempt to. diswuise hii or her true age bv the use of a false form idel1tificatimL e~ ~ .', ... . 1. ., ., 'r< . . h J:' h' < , h whetHer We lOentmcatlon IS t_ at Of mlotder person or one on wille,! age person has been fnodified or tamnered v\dth to reDresent an fHLe older than the actual of the . r.l<-~. person. 66.12 VioiatiollTw. Subd. 1 N " .J- - OIlce. Upon a the alleged ".riolator shaH 6 . , ~.. 6il~.1l3 be issued, , :,,:k,,'^-dl 17\11]J.'<,./1Jl. 0.U.,a.d. that sets fhrtll the alleged violation and right to be heard on the accusation. Subd. 2 heal'in~~ shaH accused of violating this ordinance so requests, a of which shall be determined by l-\noka County. '" :J serve as the hearing officeL that a violation oft11i8 officl2;r' B reasons for finding 66.13 of this ordinance or as the shall be provided to the accused hearing officer finds tluxt no findings shall be paf<611t or legal f"""nrded and a i.. ~...t......\l,..'A en '\" ardian. ('::.~)-.-" 5 ,m , ' or" 1 Jl nearmg O:UlCer sna~ occurred, (:ourl 6 Sectio.n shaH prohi.bit the City aliegerJ violation of this .ordinance, penahy shall. O{J as :], im1::'Josed. 7 occurs ~)r {~very day 'vvhich a violation ~,]):enll~llft!tiLei2" a and any employee of a licensee, charged an admiillstrativeJlne \I'\1h1Ch shall be a first violation of this ordinance; for a at\;venty-foufruonth period; and/or 1 -,-' , , ' " I' d \ ,'3<'Lrne .CCo.liOH 'vVltnm, a twentY-lOur mont11 perlO . h City in addition, after the third 'nr ]'1")+ l~'""'l'hWl ""'1""11 ~av" .1../. .J"~'" .'V0Q- . 1(...1 \>..;)'t.,.; \ ""I . t1 r .)_. offense, Subd. 2 subdivision 3 .,,11aI'Q"ed an '\n U individuals, other '1han rrunofs regulated by to be in violation of this ordinance shall be r.eGOhltiol1 of tIle (~ity COUllCiL Subd. 3 this shaH prohibit the City :from seeking ordinance. i~)r of as a 7 66.14 Exceptions ami Defensel\1. Nothing in tbjs ordinance shaH prevent the providing of tobacco, tobacco products, or tobacco related. devices to a. minor as part of a lavvfully recognized religious, spiritual, or cultural ceremony. It shall be an affirmative defense to the violation of this ordinance for a person to have reasonably relied on proof of age as described by State law. .. 66.15 Severability and Savings C~aur.e. If any section Of portion of this ordinance shall be found unconstitutional Of otherwise invalid or unenforceable by a court of competent jurisdiction, that finding shan not serve as a invalidatiClt 'if effect the validity and enforceability of any other section or provision of this ordinance. 66.16 Effective Date. This ordinance shaH publication in the city's official newspaper. e;ffect the day following ( ~":~ ------= /' ~. / ",/'.-'>~/o'-;, ~ L../"=J L- ~r....J ..1.-/ ,-~ , ~ Ivlayor Tom \1ililharber Attest: .r 8 '. , tervi{{e 'Esta!3t1sn cd' 1857 STAFF REPORT CENTERVILLE CITY COUNCIL Date: January 22, 2003 To: Honorable Mayor and City Council Members Ms. Kim Moore-Sykes, City Administrator From: Ellen Paulseth, Finance Directorr~e Pay Equity Implementation Report Re: ************************************************************************ Under the 1984 Local Government Pay Equity Act, the City ofCenterville must report pay equity data to the Department of Employee Relations every third year. The attached report shows data in place as of December 31,2002, and is due January 31,2003. The Department of Employee Relations (DOER) will make an official determination as to whether or not the City of Centerville is in compliance with the Local Government Pay Equity Act. We have no way of predicting the official determination; however, initial reports prepared with the assistance of DOER software indicate that Centerville is not in compliance. The health insurance benefit disparity appears to be at the root of compliance issue. Under the terms of a collective bargaining agreement, a male-dominated job class inadvertently receives a greater health insurance benefit than all female classes. After performing various tests on the DOER software, we believe that equalizing the health insurance benefit over all classes will bring our jurisdiction into compliance. II ., ~tervi{{e ~? 'Esta6{isned 1B57 1880 :Main Street . Centervi[[e/:M9I[ 55038 (651) 429-3232 . :Fat( (651) 429-8629 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE RESOLUTION #03 - 007 A RESOLUTION AUTHORIZING THE MAYOR TO SIGN THE 2003 LOCAL GOVERNMENT PAY EQUITY REPORT WHEREAS, under the 1984 Local Government Pay Equity Act, the City of Centerville must report pay equity data to the Minnesota Department of Employee Relations every third year; and, WHEREAS, the next report is due January 31, 2003, for data in place December 31, 2002; and, WHEREAS, staff members have compiled the necessary documents which must be signed by the chief elected officiaL THEREFORE, BE IT RESOLVED that the City Council of the City ofCenterville hereby authorizes the Mayor to sign the Centerville 2003 Pay Equity Implementation Report. Mayor, Terry Sweeney Attest: City Clerk, Teresa Bender O~~.. 1:: .! c ~ co co co I- 0..(1)0:: ... 111'0_ - I>> C 41 ....I-..u C ,2 ~ ~ [; 1:: ~ ll. '; E CO"88,Cl a. ~.- c t 1.&.1 e 0 Q.I ....Jll. 1Il- Pay Equity Implementation Report Send completed report to: Pay Equity Coordinator Department of Employee Relations 200 Centennial Building 658 Cedar Street St Paul, MN 55155-1603 (651) 296-2653 (Voice) (651) 297-2003 (TTY) c o '~ c .- 0 "CI .- III .. ,_ co .. l) :::Sl;: '-l ,- .. .. c c:r: Gl ..:5! .. co 0.. Name of Jurisdiction o School For Department Use Only Postmark Date of Report Jurisdiction 10 Number o Other: Address 8 i S Contact Person Kim Moore-S kes o The job evaluation system used measured skill, effort responsibility and working conditions and the same system was used for all classes of employees. Check the system used: o State Job Match o Designed Own (specify) c o '';: fa t.) ;;: '~ 41 :> QJ Consultant's System (specify) Point Factor o Other (specify) 6 Health insurance benefits for male and female classes of comparable value have been evaluated and: fa t.) ;;: .... o Iii .. .. fa Q.. o There is no difference and female classes are not at a disadvantage Q:: There is a difference and the maximum salaries reported include the monthly amount paid by the employer for health insurance. ~ Information in this report is complete and accurate. 6 The report includes all classes of employees over which the Jurisdiction has final budgetary approval authority. Result from Salary Range Worksheet 429-8629 Zip 55038 429-3232 o No salary ranges/performance differences o Check here if both of the following apply; otherwise, leave blank, a, Jurisdiction does not have a salary range for any Job class b. Upon request JUrisdiction will supply documentation showing that inequities between male and female classes are due to performance differences, Note Do not include any documentation regarding performance with this form. o An official notice has been posted at Centerville City Hall (prominent location) informing employees that the Pay Equity Implementation Report has been filed and IS available to employees upon request. A copy of the notice has been sent to each exclusive representative, if any, and also to the public library. The report was approved by: Centerville City Council (governing body) Terry Sweeney (chief elected official, print) (chief elected official, signature) Mayor (title) Tan 22, 2003 (date) 100 % is the result of average years to salary range maximum for male classes divided by the average years to salary range maximum for female classes Results from Exceptional Service Pay Worksheet Bit 20% or less of male classes receive ESP. 1 n n % is the result of the percentage of female classes receiving ESP divided by the percentage of male classes receivin ESP, ~'iO 1:: 0 ~ $ 398,689 ~I-~ is the annual payroll for the calendar year just ended December 31. (Part F on Back) N N ~ eel ;j t:: co t-:J == .~ - o:l E ... ..: == .... '" '" ~ U ..c o ~ "" E-< ~ ~ ~ ('I') o o N E oj o t:: o 0. <> ~ 0\ N \.D CO I 0\ N -:::t ,-.... .-I LrI \.D '--' :>< -< I"-. 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" " ,,- 0 .0"'_ g:::E E z p;:j -< 131 o 0 0 0 0 0 0 0 .-I .-l .-l .-l .-I .....-1 .-I .-l ~ ~j ~j ~ ;j :~ :~ :~ {;A W €A fA- €.A- W fA- fA- ~ ~ ~ ~j ~j ~j ~~ ~~ W fA- W €A W iF.} {;A f.A- tr'l I.J""1 -:::t r--- .....-1 .-I o LrI 0 0'\ -:::t co .-I N N ~ ~ ~ ~ ~ .....-1 0 .-l 0 .-I o N o .-l 0 ~ ~ w w '" o N M ~ .r} LrI 0\ ('I') LrI LrI co -:::t ('I') -:::t ~ ~ ~ .-I o .-l o .-I 0 ~ o .w U ~ (l) 0 ~ ~ .w o .r-! co .w ~ ~ u .w (l) ([J Ul ~ ~ .r-! ~ or-! ~ C ~ ~ 0 .r-! (l) ~ S r-I (l) '"d U U U ~ t:: .r-! co .....-1 .w t:: ,.D .w .r-! .r-! ;j .r-! U ~ P.. U ~ r-: 00 fA fA a; fA fA ci fA fA fA I fA N fA fA '" fA fA '<l' fA fA '" fA fA ~ " .3 o ~ .;:; ... ;:J o >- .S ~ ~ oj U .0 .s, " OJ -5 -2 " " c <> U "" "" N ;{ ,S ~ 0:; ~ OJ ... <2 " o '" 5r ~ .2 OJ E "0 <> "0 " " " ~ oj E <2 ~ :s ,.. o ~ " '5- o o OJ " .~ '6 "0 '" <> "" '" 8 ~ '" " ;:;: 4-< 0, 0\ f': e <> " " -g' 5 a< " >- '" 0. M (;) "" '" '" '" z :::E ;:J '" """' cIS <> i": t:i ... '" "0 <> U 00 '" '00 oil " :9 '5 p:) " <> >- o P.. E p;:j 4-< o ,,~ 0>< .- f-o ~t: " <> S t:: '" "'''' fr :28 o NN "'~ 0\ 0\ NN ~~ <>~ "" 8 <> ~ N "'''' ~~ '", ~ OJ U 2 u; " .~ <> ;:J 0' E " " ~ Compliance Report Jurisdiction: City of Centerville, Minnesota Date: Phone: 1/16/2003 (651) 429-3232 Contact: Kim Moore-Sykes Insurance Added? Y Job Evaluation System Used: Consultant The statistical analysis, salary range and exceptional service pay test results are shown below. Part I is general information from your Pay Equity Report data. Parts II, Ill, and IV give you the test results. For more detail on each test, refer to the guidebook. I. GENERAL JOB CLASS INFORMATION Male Female Balanced All Job Classes Classes Classes Classes # Job Classes 3 5 0 8 # Employees 4 5 0 9 Avg. Max Monthly Pay per Employee 4,364.00 4,713.20 4,558.00 II. STATISTICAL ANALYSIS TEST Male Female UNDERPAYMENT RATIO = 33.3 * Classes Classes A. a. # at or above Predicted Pay 2 0 b. # Be!ow Predicted Pay 1 5 c. TOT/.\L 3 5 d. % Below Predicted Pay 33.33 100.00 (b divided by c = d) * (Result is % of male classes below predicted pay divided by % of female classes below predicted pay) B. T-TEST RESULTS Degrees of Freedom (OF) = 7 Value of T = 2.401 a. Avg. diff. in pay from predicted pay for male jobs = b. Avg. diff. in pay from predicted pay for female jobs = $0 -$99 III. SALARY RANGE TEST = 100.00 % (Result is A divided by B) A. Avg. # of years to max salary for male jobs = 10.00 B. Avg. # of years to max salary for female jobs = 10.00 IV. EXCEPTIONAL SERVICE PAY TEST .00 % A. % of male classes receiving ESP .00 * B. % of female classes receiving ESP .00 * (if 20% or less, test result will be 0.00) ctS ...... o (/) Q) s:: s:: .- :2E ... Q) - - .~ Q) ...... s:: Q) U 'Po o ~ ...... u o 0 ..q- ..q- 0 -N ..q- 0 -0 ..q- (/) ..0 0 0 ...., CO -0 C'0 <D U C CO 0 CO -CD m C'0 ~ 0 (/) -..q- ..0 C'0 0 ...., <D 0 (1j ^N E C'0 <D LL (~ 0 (:: ,W ~w C C'0 0 CJ) a. ..0 0 0 -co J N <D (1j :2 0 -CD @ N >- (1j 0.... 0 -0 'T N <D ...... U -0 <D 0 ~ N 0.... N I 0 0 N 0 0 -CO r- 0 CD r- 0 6 .., 0 0 6 6 "~I " 6 "i 0 6 6 " 6 6 " 'l' ,^ ,^ 6 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C'0 N ~ 0 ill CO "- CD 1O ..q- C'0 N r- 0 ill IX) "- CD II) 'T_ C'0 N ,- 0 en co t'-: CD II) ..q- cO cO cO CD- 1O- ..0 ..0 II)- 1O- II)- 1O- ..0 ..0 II)- '<f 'T- '<f '<f <<i ..q- '<f ..q-- '<f <<i C'0 cv) C'0 C')- cv) cv) ~ ctS c.. .. Data Entry Listing - City of Centerville, Minnesota 1/16/20031:47:28 PM Page: 1 Case: Centerville 12/31/02 Class Min Max Yrs to Yrs Job Nbr Job Title Men Females Type Points Salary Salary Max of Srv Exceptional Srv ~ -- Accl. Clerk I Receptionist 0 F 145 $2,491.00 $3,342.00 10 2 Public Works Maintenance 2 0 M 175 $2,771.00 $3,707.00 10 3 Account Clerk" 0 F 190 $2,690.00 $3,626.00 10 5 Building Inspector 0 M 245 $3,156.00 $4,290.00 10 4 City Clerk 0 F 280 $3,421.00 $4,668.00 10 7 Public Works Director 0 M 385 $4,184.00 $5,752.00 10 6 Finance Director 0 F 395 $4,184.00 $5,752.00 10 8 City Administrator 0 F 445 $4,483.00 $6,178.00 10 Predicted Pay Report - City of Centerville, Minnesota 1/16/20031:47:41 PM Page: 1 Case: Centerville 12/31/02 Job Male Female Total Work Max Mo. Predicted Pay Nbr Job Title Empl Empl Empl Sex Points Salary Pay Difference Accl. Clerk / Receptionist 0 F 145 $3,342.00 $3,390.21 -$48.21 2 Public Works Maintenance 2 0 2 M 175 $3,707.00 $3,682.36 $24.64 3 Account Clerk II 0 F 190 $3,626.00 $3,828.43 -$202.43 5 Building Inspector 0 M 245 $4,290.00 $4,363.93 -$73.93 4 City Clerk 0 F 280 $4,668.00 $4,704.86 -$36.86 7 Public Works Director 0 M 385 $5,752.00 $5,727.36 $24.64 6 Finance Director 0 F 395 $5,752.00 $5,824.65 -$72.65 8 City Administrator 0 F 445 $6,178:00 $6,311.65 -$133.65 MEMO DATE: January 15, 2003 TO: FROM: RE: Honorable Mayor and Council Members Mary Capra Gateway to the City .....................................................................................1 Background: One of the many projects brought forth by the Minnesota Design Team visit was the building of a gateway to the City. Please find attached information the previous council reviewed for a City sign. It was discussed using a portion of the charitable gambling funds to pay for this project if it was approved. Mr. Bodi had agreed to provide the City and easement to place the sign on their property and the bank agreed to provide the electricity to have it lit. Included: Original memo to the council November 9,2001 Price listing from Openwood Studios Inc. Colored image of the sign and release to copy design for presentation purposes Dimensions of the sign Memo: Date: November 9, 2001 To: Honorable Mayor, Council Members, City Staff and County Bank From: Mary Capra RE: Entrance sign - Openwood Sign Inc. The design for the city entrance sign has arrived along with the proposal for the costs. You will find both attached to this memo. I have spoken with Dale Ganser of Openwood Studios Inc. and he was very pleased with how the design came out and is looking forward to hearing from the city. I did mention to Mr. Ganser the mountains in the foreground should be removed due to Centerville has no mountains. He stated this would not be a problem. Mr. Ganser has requested the public works department examine the dimensions on site as to how they will fit. I have forwarded this information on to Ken Cook. Mr. Cook should have this information by Wednesday for our meeting. I contacted Mr. Bodi regarding the banks opinion and hopefully can update the council on Wednesday evening with any issues the bank may have. Kim will be looking into the charitable gambling funds balance prior to our meeting. l ~~E ~ C j: '!' ~ i'~~ ;~zcn .~~!~ iui~ ~.s;~& ~~io ~~~o "lli'- =~o>i S!li~g i~!~ ~08~ 8 ~i8' o <v8'_w .9.:: agE ~~ ~ Q 8 I=lEo~~ C],)Wa:(fil ,.., ...1<" tl - ~lIIo ~@ \{ . .c~[~l' ~J' ~~ Proposal Submitted To: CITY OF CENTERVILLE Phone Fax [Date : ' 30-0ct.-01 (651) 653-1732 , , Address Project 1810 Fox Run City, State, Zip Centerville, MN 55038 Main Identification Sign Project Location Openwood Studios fnc" proposes to furnish materials and labor - complete in accordance with specifications below for the sum of: .00/100 50% Down Payment. All accounts are due and payable in ten (10) days following date ofim,;oice. Finance Charge of 1.5% per month, which is an annual percentage rate charge on all past due accounts. This proposal may be withdrawn by Openwood Studios Inc. if not accepted within 30 days. Anthorized Signalnre _yS'~__' 1- CITY ENTRANCE SIGN 8'0" X 4'2" X 2x Clear VG Redwood Single Sided Double Sided $3,420.00 6,650.00 1- SET STEEL MOUNTING BRACKETS & HORIZUN1'AL l\ffiMBERS 455.00 CRATING & SHIPPING 1- Panel 2- Panels 385.00 525.00 This proposal ~ilcllldes Open wood Studio's initial design presentatioll. r'idditional design revisions are billed to the client at $55.00/Jwur. Additional color drawings are available upon acceptance of proposal at a cost of$35.00/copy. Please see construction specifications on reverse side. Any necessary local permits, underground facility locating and marking are responsibility of owner. Please allow 3-5 weeks froJ;ll proposal acceptance fol.' Cl'lJ<f'!.etion. 50 % down payment required to begin production. Acceptmzce of Proposal: SUB TOTAL TAX TOTAL DOWN PAYMENT NET 10 DAYS $0.00 0.00 $0.00 The above prices, specifications and conditions are satisfactory and are hereby accepted. Openwc)(,,; ;1tudios Inc:, is authorized to do the work specified. Payment wil11:)e made as outlined above. Signatul'~:... Date; 6~ns R21ywl/})il}<ril lVl21illnsm[.!1, o ( 60~) eyu~ili~ ni:1!E0Ji'11ieu:~ sa::9.~&~1 *~fta.~1 - ~...., CD'...... "U is' {Jl ... ~ 0 ji)ro' '00 (D{Jl~::05r , I ::r~a.0 "",::0;:;::::: 1::0 :::.roroOI1<11 !!La. 00 ji) a. en I a. !"!l.1 fi @ ~\ !l.g:~ '"d tll!B~~(o ~iiiC)~H g c ~ p,~ ... UlO'<; Ul 9' ::n, -; t:'lO ro ~ a ~ PO cr 16 ,.., ::E (i) ::J. CD ~... t""'\ a- g ~ ~ it-'-' ~"Q.;;~ () ~i c. g Q:J_, ~ro~: -~ a.:J og.~o -n Co:J. <D s;.<e. Qo.O::J ~:;.;~ ~~fJg. I 8. -: :;f~ (f) fg fir::l ~ ~m ~ ~_ g'~.~' en' 1Ig~::r II . _'< (0 ~ CD 'i CD OJ q CD (J) ? t5' CD :J CD :J iJ J1 l:U :J iii" ~ -. Ul -=-1:: CD -.. = ~ _c IJ,JOS: ~s::~ 9:S-OJ ~ g. ?S' " ~ ~ ~)) tTJ ~\~ ~z 110' -< 'Z_Jr' I ~ ,'- tTj ;l/ I \,~\ ~ ~ .r, 'O\ct~:<~ ~ ' q\ l .J rrJ I: ~'~ j~ \ o~ ... ~ J,"" ','-""'0" \,'yk~'i;:i ,\, l .L J , jilIIl. ~i{, <4' (i , ~1rY\ " 'I (,,-~I ,,",1\1 ... \1'.1]1 i ~'~ l.LJ I.Jl ~ I !~~ '\ CI'J ~" - \~0 I~ : / " ,!)~, ........- <::!. !I.",~-\.,.~.f' ~ )1 ~~~I O 0 t~- c: r ~ \T~I )_1 r-""~~' Ii ~'\ .'. .....: I -'.":': r-r"#:Y.':.~...' . .;.~ ... "I ... f\) di I ~ r~-1 ~ r~-l ~ ~~1 1 q 1 q 1 I I -----"'--- - , . I I ~ ...... ...... ~ -.. ~ (J) :;:E CD a: ~ CD ;:0 -- 0 .... 0- ~ -I =r (5' " (J) .... CD ~ "'0 iii" .... CD s: g) :i' ....0: Q (1) _ I :::J 0'< ::!:ct>o cn==:::J_ -.(') - :::Jg)(1)0 ~::!:~ ~ (1)0=;:;. cn:::JQ'ct> a: sa ~ ~. (1)tQ z= C. :::J ct> :1/G9/2B01 11:28 508-222-5838 OPE~.jI.dODD STUDIOS HJC , . . ~. '. . enwood . ~U:U08 1Jio. ~. .1IlF v-- . ~~&t.:.~.~'" . Novcniber 9. 2001 PAGE 01 ~4-~ ~~...,~ _.> .. rrl7 O!*1Wood Studio. Inr., gives the City of CehterviUe temporary release on the sign design developed on ()cwber 26, 2oo 1. This release is for, the use of copies. requited for . , . preseiltaUOD ~. D~t any Idditiooa1 questions to; . Dale T. GallIJet' Openw~ SmdiOl Inc. 608-222&1842 .1 . I \ 6915 Raywood Road, Madison, WI 53113-1545 · (608) 211-1842 · fax: (608) 2%2~S8J8 ,..11.; ,lp.OOptlRWood.conl · internet! http;/~.oPfltwll(id:eallil t1tervi{{e ~tab{ished 1857 1880 ']\I{ain Street .. Centervi{{e; ']\I{'J\L 55038 (651) 429-3232 . :Fm( (651) 429-8629 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE RESOLUTION #03 - 008 A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASmILITY STUDY FOR THE PELTIER PRESERVE SUB-DIVISION TO INSTALL MUNICIPAL WATER, SANITARY SEWER, STORM SEWER, STREETS, CURB, GUTTER AND SIDEWALK-TRAILWAY IMPROVEMENTS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CENTERVILLE,MINNESOTA: WHEREAS, a local improvement project has been initiated with the petition by 100% of the affected property owners; and WHEREAS, 100% of the benefited properties legally described as follows: and PIN #R14-31-22-31-0017 7381 Peltier Circle, Tract B - Reg. Land Survey No. 048 PIN #R14-31-22-31-0019 7381 Peltier Circle, Tract B - Reg. Land Survey No. 065 WHEREAS, the petition for local improvements has been examined, checked and found to be in proper form (Exhibit A); and WHEREAS, the petition has been determined to conform with the guidelines of M.S. 429.035; and WHEREAS, the City of Centerville instructs the City Engineer, Bonestroo, Rosene, Anderlik & Associates to prepare a preliminary report on the proposed improvements; and WHEREAS, the report will indicate feasibility of proceeding with the improvements and estimated cost; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CENTERVILLE, MINNESOTA: 1. That the proposed improvements be referred to the City Engineer, Bonestroo, Rosene, Anderlik & Associates for a feasibility study and that they be instructed to report to the Council with all convenient speed, advising the Council in a preliminary way, as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvements as recommended. PASSED AND ADOPTED by the City ofCenterville this 22nd day of January, 2003. Mayor, Terry Sweeney Attest: City Clerk, Teresa Bender oJ ~y ~ ~ ( ~(.' r:t TO: Honorable Mayor and Council Members FROM: City Clerk, Teresa Bender SUBJECT: Resolution #03-002 -- Fee Schedule DATE: January 17, 2003 Attached, please find Resolution #03-002. Primarily this schedule is intact from the previous year. The following modifications have been made however: Building, Mechanical, Plumbing and Electrical Fees will be discussed and reviewed during the Ordinance process due by April. /' The Parks and Recreation Committee has recommended that the fees for Park Dedication be increased to $3,000. (See attached memo) V Mileage for 2003 per the IRS maximum is $.36 (See attached League documentation) The Sewer Availability Charge (SAC) has been increased to $1,275.00 - This fee is set by Met. Council. Sauna(s) or Massage Parlor(s) License (Investigate Fee) of $129, Massage Therapist Certification/License of$75.00 and Renewal/Annual of$50 is nekdue to the adoption of Ordinance #70. \ Tattoo, Body Piercing, Permanent Cosmetic Make-Up, Body Branding and Body Painting Establishment License of Ordinance #71. ~~ ~ ~e.. ~ Staff has a telephone call into the Lcague regarding Right-of-Way fees. ~~~ ~~ L.t.>>~ Staff has reviewed the League's survey of fees and feels that the City of Centerville's fees are in line with other communities and would like Council to consider sewer and water rates and the possibility of completing a study pertaining to them and the water tower goal. STATE OF MINt"'ESOTA COUNTY OF ANOKA CITY OF CENTERVILLE RESOLUTION #03-002 FEE SCHEDUIJL FOR 2003 THE CITY OF CENTERVILLE RESOLVES: Section 1. The following fees for indicated sales, pemlits and licenses are approved: TITLE FEE Animal At Large Release Fee 1 st Violation......................................... ............................ .$25 .00 2nd Violation.................................................................. .$50.00 3rd Violation............................................... .................... .$75 .00 Animal License (Dog, Cat, Ferret) Male or Female ............................................................. ...$16.00 Neutered or Spayed................................................. .........$ 8.00 Kennel License................................................................ .$26.00 Administratively Pro-Rated Antenna Permit Application Fee............................................ .$1 ,500.00 Assessment Search.......... ........................................................... ..$20.00 Bingo Permit............................................................................... .$15 .00 Building Permits .................................................. See Resolution 02-014 until an Ordinance is in Place Cigarette License........................................................................ .$75 .00 Council Chamber Rental...................................................... Group 1 - No Charge .............................................................................................. Group 2 - Voluntary $10.00 .............................................................................................. Group 3 - $25.00 per hour Charitable Gambling: Investigative Fee............................................................ ..$50.00 Pennit Fee... .................................................................... .$20.00 Commercial Rubbish Collection License Fee............................$250.00 (Exclusive to Commercial and Industrial Businesses) Damage Deposit......................................................................... $200. 00 Dance Permit............................................................................. .$1 00.00 .. Electrical Permit Fees ................. See Exhibit "I" See Resolution 02-014 until an Ordinance is in Place Filing Fees..................................................................................... .$2.00 Fill Permit ................................................................See Exhibit "B" Final Grading and Landscaping/Sod Escrow..........................$1,500.00 Grading Permits .........................See Exhibit "B" See Resolution 02-014 until an Ordinance is in Place Liquor Licenses: 3.2 Beer Permit - Special Events.....................................$35.00 plus $5.00 for each add'l day Off-Sale Liquor........................................................... ...$1 00.00 Off-Sale Non-Intoxication Liquor............ .................... ...$20. 00 On-Sale Liquor............................................. See Exhibit "c" On-Sale 3.2 Liquor..................................... ......... ......... ..$250.00 Sunday Liquor License................................................ ..$200.00 Wine License ................. ....... ......... ................. ...............$300.00 Lot Split ..............................................."..:..................................$175.00 plus legal fees I ~~I Maps and Charts (24" x 36") .......................................................$10.00 Mileage Reimbursement ................................................................. $~ ~ t4 . ~ .;~O.~ I~ ~ Ji Park Dedication ~ces. - per dwelling unit. t52 /0 % ~ ~ .~~O ~ ~ I [mil Dvd.vut.vn:.L t1\ ~ ~ - /D7- ~ ~I T,.~ i 1 Den; ~l'1ti on ~. .~~..................................... .$2,000. 00 Park Ball Field Use - Per Tournament ......................................$200.00 Park Facility Usage Fees..........................................See Exhibit "H" Pennit Surcharge........................................ ..............See Exhibit "D" Photo Copies ................................................................................... .$.25 per page (one sided) Plumbing Permits.......................&e-I*J::H.et~ See Resolution 02-014 until an Ordinance is in Place Preliminary Plat Fee - Filing .....................................................$250/Lot or Unit PUD Application Fee ................. ........... .............. ............... ........$500.00 Rental Certification ..................... ................ ........... .... ..................$50.00 for 151 unit/$l 0.00 per unit thereafter .. Penalty: $50.00 per day of Non-compliance Research Charge......................................................................... .$30.00 half hour minimum ..................................................................................................... .$50.00 for each hour thereafter Rezoning Requests.................................................................... .$250.00 plus additional expenses Residential Equivalent Unit................................................... .$2,000.00 Right-of-Way Usage Fees............. ..... .......... See Exhibit "I" (New) Sauna(s) or Massage Parlor(s) License (Investigation Fee) ......$250.00 Massage Therapist Certification/License.. ..................,.......... .$75 .00 (New) Renewal/Annual.................. ..................................,.......... .$50. 00 Sewer Availability Charge (SAC) ..................................... .....$1 ,200.00 $1,275.00 Sewer Utility Billing (Quarterly) .................................................$49.00 per unit/I 0% late fee Senior Discount......................................................................,... .$46.00 per unit/l 0% late fee Special Use Permit.......................................................... .. "...$175.00 plus legal & engineering fees Storm Water Area Charge (Developer's Agreement) .01546 per square foot Resi dential.......................................... ........................................ $200JUni t Commercial/Industrial................... ............................................... ...$.05 per square foot of building, Parking or impervious surfaces Storm Water Management Fee (quarterly) ...................................$3.00 6. riD 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)....................................... ..$175 .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 b:: 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 For the first $500.00 plus $3. 82 for each additional $100.00 or fraction thereof, to and including $2,000.00 $2,001.00 to $25,000.00 .............................. $86.80 For the first $2,000.00 plus $17.50 for each additional $1,000.00, or fraction thereof, to and including $25,000.00 25,001.00 to $50,000.00 ............................ $489.30 For the first $25,000.00 plus $12.63 for each additional $1,000.00 or fraction thereof, to and including $50,000.00 $50,001.00 to $100,000.00........................ $804.95 For the first $50,000.00 plus $8.75 for each additional $1,000.00, or fraction thereof, to and including $100,000.00 $100,001.00 to $500,000.00................... $1,242.45 For the first $100,000.00 plus $7.00 for each additional $1,000.00, or fraction thereof, and including $500,000.00 $500,001.00 to $1,000,000.00 .. .............. $4,042.45 For the first $500.00 plus $5.94 for each additional $1,000.00, or fraction thereof, to and including $1,000,000.00 $1,000,001.00 and up.............................. $7,010.94 For the first $1,000,000.00 plus $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) ...................... ........... $58.75 per hour 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 ill ;;:ccordance with the provisions ofthis section or shall be as set 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 "eview 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 standard terrace drains and similar facilities. TABLE A33-A GRADING PLAN REVIEW FEES 50 cubic yards (38.2 m3) or less ....................................................................No Fee 51 to 100 cubic yards (40 m3 to 76.5 1113) ................................................... ..$35 .25 101 to 1,000 cubic yards (77.2 m3 to 764.6 m3) ..........................................$55.50 1,001 to 10,000 cubic yards (765.3 m3 to 7645.5 1113) ................................. .$73 .88 10,001 to 100,000 cubic yards (7646.3 to 7645.5 1113) - $73.88 for the first 10,000 cubic yards (7645.5 m3), plus $36.75 for each additional 10,000 cubic yards (7645.5 m3) or fraction thereof. 100,001 to 200,000 cubic yards (7645 (, iT.3 to 15,291.1 m3) - $404.63 for the first 100,000 cubic yards (7645.5 m3), plus $19.88 for each additional 10,000 cubic yards (7645.5 IT)]) or fraction thereof. 200,001 cubic yards (15,291.21113) or more - $603.38 for the first $200,000 cubic yards (15,291.1 m3), pillS $10.88 [or each additionallO,OOO cubic years (7645.5 m3) 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 shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved. '. EXHIBIT B LANDFILL, GRADING AND EXCAVATING PERMIT FEES (Cont'd) GRADING PERMIT FEES* 50 cubic yards (38.2 m3) or less ..................................... ..00..........................$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 1,000 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 additional I 0,000 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 ofnonnal 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 pemlit 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 square footage: ...................................................................$0.60 per sq ft for interior .................................................................................................. ........ ..$0.30 per sq ft for exterior Minin1uln: ......................................................................................... .$2,500.00 Maximuln: .......................................................................................... $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 pem1it 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 pennits, the surcharge is as follows: (1) If the valuation ofthe structure, addition, or alteration is $1,000,000 or less, the surcharge is equivalent to one-half mill (.0005) of the valration ofthe structure, addition, or alteration; (2) If the valuation is greater than $1,000,000 [he surcharge is $500 plus two-fifths mill (.0004) ofthe value between $1,000,000 and $2,000,000; (3) If the valuation is greater than $2,000,000 tl~(.~ '<uTcharge is $900 plus three-tenths mill (.0003) of the value between $2,000,000 and $3,000,000; (4) lfthe 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. .' , EXHIBIT E PLUMBING AND HEATING PERMITS 1. Plumbing Permits A. The charge shall be five dollars ($5.00) (not to exceed $100) for each plumbing fixture, device or cOlmection to the sewer or plumbing system, with a minimum charge of fifteen 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 penl1it fee charge cannot be detennined 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 donars ($20.00) for fireplaces. The charge for commercial, industrial or institutional building shall be: Two percent (2%) ofthe total cost of labor and materials of the heating, Ventilation and air cordi tioning work to be completed. Work commenced without fii-st obtaining a permit shall be charged an investigative fee equal to permit fees. 'lc EXHIBIT TRANSIENT SALES A. The following fees for Transient Sales - Conditional Use Permits are: Application Foro1................................... .......................... ..$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........................................................................... $ 3 0.00 Per month.... .................... ............................................... ..$60.00 Per year ........................................................................ ..$150.00 C. The following fees are to be deducted from the Conditional Use Permit fee if granted: Cost of Application FOlm ................................................. .$5 .00 D. The fees shall become effective on approval by the City Council ofthis resolution. .. ~ EXHIBIT G \V ATER UTILITY BILLING Water Pel111it Fees Service/Connection.................,....................................... .$55 .00 Tapping Main..........................".......,............................ ...$50.00 DiscOlmection Requests........., .... ................................. .$20.00 Inspections (All).............................................................. .$20. 00 Service Charges Testing Up to 2" Meters...................................... ...................... ....$25 .00 Up to 3" Meters...........................,................................. ...$30.00 Up to 4" Meters.............................................................. ..$35 .00 Up to 6" Meters............................................................... .$40.00 Violation Penalties ~ Shut Off.........................................$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 Charge Residential.................................................................. .$2,900.00 Non-Residential per REC .......................................... .$2,900. 00 Water Usage Rates ..............................................., , ................................ + $1.70/1,000 gallons Water System Management FeelPer Quarter...................$17.00 Penalty/Late Payment.......... .............................................10% of balance Use of Meter & Hydrant ...................................................... ................................. .$750.00 Deposit ... ...................................................................................... .$20.00 Connection Fee ........................................................................................... .$4.00/1 ,000 Gallons . II EXHIBIT H CENTERVILLE PARKS AND RECREATION DEPARTMENT PARK FACILITY USA GE FEES Residents, Non-profit organizations Security Deposit............................................................ .$1 00.00* Concession Facility Fee.................................................. .$25 .00** Field Rental Fee ........................................................ Waived Lighting Fee.................................................................. ..N/ A Key Fee........................................................................... .$20.00 ($15.00 refunded when key is returned) Non-resident Security Deposit........................................................... ..$1 00.00* Concession Facility Fee........... ..................................... .$150.00 per tournament Field Rental Fee .............................................................$100.00 per field Field Rental Fee ............................................................ .$200.00 per tournament Lighting 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 season for youth leagues. ffirorrnauon ~ Kesources nome \......D1,. ......'''.-1 : "''''-'''''~:-:-- /~ ~c :~_.~:,;'.\..'.,'/.:~ ;,.:: Jf/>..~: , . :.:'L<J...'~~~"L:iLJ"~ <.-': .,i{. ,1 .,,;....'..,-1 p. rClgt: 1 VI "t Cities Bulletin ONlIiNE 1::011'10 Number 1 January 14, Information StResources IRS and Sodal Security changes for 2003 IGR Representative And."ea Hedtl<e leaves league New staff join '_eague's intergovernmental relations department Buffalo Coundlmember Haag elected to NlC Board Urban Storm Wat.,er Conference: Enhancing programs at thf'l local level ms and Social Security changes for 2003 Dave DuBord Cities should be aware of recently announced maximums for mileage reimbursement, deferred compensation and social security wages: . The 2003 Internal Revenue Service (IRS) maximum mileage rate isJ6 cents per mile, down from 36.5 cents in 2002. The IRS attributes this change to lower gas prices as measured on June 30,2002. · The maximum contribution to defelTed compensation plans increases to $12,000 in 2003, with an additional $2,000 available to those over 50. · The Social Security maximum wage base increases to $87,000 in 2003 from $84,900 in 2002. The employer and employee Social Security and Medicare rates remain the same at 6.2 percent and 1.45 percent, respectively. Medicare does not have a wage cap. back to top IGR Representative Andrea Hedtke leaves League Gall' Carlson Andrea Hedtkr, lcwg-time lobbyist with the League of Minnesota CitieS, accepted a position with the law firm of Dorsey and Whltlley. Her last day with the League was Jan. http://www .lmnc. orglbulletin/info. cfm 1/14/2003 ~ TO: Honorable Mayor and Council Members FROM: Kim Stephan StJBJECT: Parks and Recreation Committee Recommendations DATE: January 2, 2003 The Parks and Recreation Committee made the following recommendation for Council consideration at their November 6, 2002 meeting. Attachment with specifics included with this memo. Motion was made by Committee Member Lee, seconded by Committee :Member Peil to request council revisit the 2002 fee schedule regarding Park Dedication Fees. This motion is based on the Parks & Recreation Committee's original motion, made October 16, 2001 concerning park dedication and trail fees to be at the city's discretion, not the developers. AU in Favor: 1Vlotion passed unanimously. The Parks and Recreation Committee made the following recommendation for council consideration at their December 4,2002 Meeting. Fee Schedule I Park Dedication Fees At the November 6, 2002 Parks & Recreation Committee meeting it came to the Committee's attention that changes previously submitted for the 2002 fee schedule had not been made. One of the issues was who determines whether land is donated in lieu of Park Dedication Fees, the developer or the city. The committee had made a recommendation to council to change the wording in the fee schedule to cover this area in the fall of 2001. Committee Member Lee researched this further with the City Clerk and the previous motion was located in archived files. There was an emergency meeting held on October 16, 2001 to look at the fee schedule and the land dedication section of Ordinance #8 before The Shores preliminary went before City Council for consideration. The wording specified Park Dedication Fees were based per dwelling, not per lot and that the trails were a separate issue. The council has been treating each development as if this wording were included in the fee schedule and Ordinance #8, but if there were ever questions, it is not clearly stated. For 2002 the Park Dedication Fees were set at 10% of market value of the property or $2,000.00 per dwelling, whichever is greater. Currently Park Dedication fees are set with the final plat and the Developer's Agreement. This information will be presented to the new City Council to review for the 2003 fee schedule and possible amendments to Ordinance #8. There was some concern about the current trail policy and whether this needed to be clarified in the fee schedule. Council Member Broussard-Vickers said the language regarding pedestrian trails does not need to be # included in the fee schedule or Ordinance #8 because the city is already following county standards. The Committee also discussed suggesting to Council that the Park Dedication Fees be raised from $2,000 per dwelling to either $2,500 or $3,000 per dwelling. The reasoning behind this is there is minimal land remaining to be developed and Park Dedication Fees will no any longer be available. The Committee feels this fee can be set higher because there is minimal land available. Motion was made by Committee Member Lee, seconded by Chairperson DeVine to recommend to council changing the verbiage in the 2003 Fee Schedule and Ordinance #8 to reflect the suggested changes made by the committee as noted on the attached copy and to increase the 2003 Park Dedication Fees from $2,000 to $3,000 per dwelling or 10% oftbe market value, whicbever is greater. A1~Y\. ; kC\i \ C'-,\ '~"",,,,h...-~VL 0 cl. '''c'''\D'''/ '-1'11 Jl ~;\ U di(i'L.\.~ Daile;;; Permit ............................... $10' 000 . ..... ~ .. ~ . . .. .. .. .. .. .. .. ..... .. .. . .. ...... .... .. .. .. ...... .. ...... .. ......" ,. ~ . Electrical Permit Fees.... ...:..........n.......................... See Exhibit "I" Filing Fees.... ................................ :...... '___ _.... "..n_ ..u.... ._n __.__ "" __$2. 00 Fill Pennit ............... ................... ...... .... Se"" Evl-.~bl't "B'~ .....y.................. . y ..Uli Final PlatF ee - Filing. .-.. '..u.. ___ __u ........... ........ .... _.. ::.:..........n. $200.00 Interim U'se Permit __u............. ....'....... ........ ........... ........... .......... $75.00 Liguor Liceriscs: " ') Beer Pcrmit - Special EVent~ ~'35 00 I $5 00 .{; h -'.- ~ ,::>....................................-1> . . p uS .~or cae add'l day Off~Sa.le Liq nor........ ....... .................... ........... ........... . . $ 100.00 Off-Sale Non-Intoxication Liquor ......... ,......... ............. ..$20.00 On-Sale Liquor......................................... See E:yJribi[ "c' On-Sale N on~TnLOxication Liquor .__.u......... ....... ....__.... $250.00 S uncia)' 1..iqn01 Lic::Dse ................. __.... ..................... ...' $200.00 'Nine License... .,.... ....... .......... ......... ....... ........... .......... $300.00 Lot Split................ ............ ....... ....... ...................... .... .............. $175.00 plus legal fees Nfailbox Group Stand I'ee ............:':...........................................$25.00 per unit tvfaps and Charts (24" x 36")..................................................__.$10.00 Niileagc Rate........................................., u...........;....._ ............. .... ..$.345 per mile M.. /G d' p' . r1 ~ .t..:l-.' "B" IIImg ra rng enmts ................ ...... ............ ...u., ~ee EXJ.Ulnl \ Park D~~~t~~~~=:i:~er dwelling unit $ ,,~),f;tp(y &fB.. . .l~~ . 'ui.~~'w ,,,rj'J./leff~t Z)_~ , ;i"(~~Lg~.c~~~~~t-ie;' '.....:.... 'all' . ,... ..~~~...... ~...... .... ..... .. . uu.. $..1",se0:fJt)- \l.i'fP$~;/~eA.. JL;'d'JV[\"'<:J ~l'''~,w~.v:eaup~t~!..,_.~'*~an!d "ff~<l~'\ .~?A""~~~U1i"0'iB i;;.F ~ Park 8all Field Use - Per Tournament..._________........................$200.00 P k ~ '1' U 'F (; 'j:;'.1..:b' "H" ac ..t'3.Cl lty sage ees ........................................ ~ee -,-<Xlll 1t . . PermitSurcharge.... .,,__........ ........ ...,......--..... .......... See Exhibit "D" Photo Copies...........--...............................,...-.................... ........... .$.25 per page (?De sided) } . T ". S,.J:;--l-.ibit"E" J lUIJlbl11g Perfilt.:;..__....................................__......... . ee .GAll ~ Pre lirninarv P taL Fee - FiliniL...... ............ ........ ...__.... ....--......... $200 .00 \lil ~,~ i>il'ii ,l\ .RllI ,. thereof :in force at the time this ordllJance shall take effect and inconsistent herevvith are hereby repealed, including Centerville OrdiI'llillce # 15. N Oibing contamed in this ordinance repeals or amends any ordinance requiring a permit or license to engage in any business or occupation. ARTICLE 2 - DESIGN STA1\IDARDS 21. GEJ'<IERi\L. Subdivision design shall comply with the following general desiiSil standards. 21.01. NATUR4L FEATlJRES. Existing natural features.wbich vvould add value to the subdivision and the City such as trees, steep slopes watercourses,. historic spots and s:imilar irreplaceable assets, shall be preserved, insoiar as possible, trxougl:r-Fiannonious design of the subdivision. . ~Ld..Q-~1\('K'v, 21.02. Ltu'\JD DEDICATION. 1:.!1 all new subdivisions, ten (10) percentJ1fJh%-egr~IeasurjtltvIded stull be dedicated for public recreation space, with SU~j;gfr"trD5percent being in addition to property dedicated for streets, alleys, easementsi~of other public ways. No areas may be dedicated for public use until such areas have been appro'n:-:d as being suitable and needed fur the public health, safety, convepjence, m~d/or general wellare. Vv'hen the subdivision is too._ SIr.i3.11 for practical dedication of public land or if no land in the subdivision is suitable for such use, the subdivider shall be required to pay a fee as per schedule :in effect per lot created or ten 0) percent the subdivision land value, wmchever is greater, prior to subdivision; the value the land shall determined negotiation betliveen City and developer. Lots created in any mailller that are larger :five acres or three (300) feet :in vvidth shall not subject to dedication of land public use. fee according to the Clli~ent schedule be charged on everj building permit issued pertaining to new housing units for parks and playgrounds. 21 PLE\1'\i]'.[ED UJ'rlT DEVELOPJ\;ffiNI. This desi!2Il srandards of this ordhi.ance may be modified the Council :in the case of a plan utilb:ing an unusual concept of development . wt-lien meets the requirements of the section. The planm:-:d unit development provision is intended to encourage OIigmal and imagmative subdivision design which preserves the natural amenities of the site and provides for the general welfare of the Cii-y. It shall conform with the plaIilled upit development requirements of the City Zo:r..mg Ordinance. 21.04. SOIL TESTS. The City Council :nmy require soil tests prior to the final approval of any plat. These soil tests shall consist of test holes to a depth necessary to deterrrrine the various types of soil to be eneOli.'1tere:d before reacl:>illlg a stable base. Such test holes vvl:'len ordered by the City authorities, shall be drilled at the expense of the OINlier or developer and the information disclosed shail be furnished to the City Council together '\Nith a copy of the proposed plat showing the location of each test hole. The iD..formation required by the City council shall include a report as to the various types of soil encmmtered and their depths, the level of the ground water and a seepage test and may include additional information. The number of test holes to be drilled and their location on the property which is proposed to be platted will be as directed by the City Council or their authorized representative. In questionable cases, the O;Viler shall be required to furnish III the Cit~y COlillCil a report from a recognized engineering laboratory as to the safety and practicability of the use of the area for building construction, induding the feasibility for installation of sewage facilities. 2L05. RESTfdCTION ON FILlr,jG "tu'\ID RECORDJ:i'.JG CO:NVEYj1~J'CES. lVfuillesota Statute " .. Ii. t ' e < ..;j L <. . -. , -' "" -1 '1.. '"I 1 states lnat a illllPJClpa-1' Jl \lVft-n aaopteu S"Llod.lv1s1on :regluations, no conveyarlce 0-1 ana SHah oe filed orrecorded if the land is described ll'1 the conveyance by: .... ~>../ ] ~-:; ~ " Date: August 29) 2001 IVlemo to: Economic Development Comrnittee IVfembers, Planning and Zoning Commission Members and Park Recreation Corr1111ittee Members FIrom~ Mary Capra - Council Representative SheaP,.rchitect Commercial Property Project. 1[1)1[;',' , Jr~~ Design concepts for commercial development l\ilike Kraft of Shea is requeSTing a Jom! the above named committees/cornmissions fur properties development standards meeting '.^fill be the TInal gathering input Dr prior to the final subn'lission ofthese ser'v'lng .011 intent The Ecol1omic Development Committee has agreed to host this joint meeting on: September 12,2001 Tuesday, 6:30 p.m. Council Chambers Centerville City Hali look forward to sharing the this subcommittee hearing your opjpjons and or concerns. already accomplished and Cordially, Shea Architect Project Aiember5' Craig Bod~ JVfary Capra Mike Duffek Mike Kraft Paul PaIzer Tim Rehbine SEP-14-2001 09:04 SHEA 512 349 2930 P.D2/03 A City of Cemerville DeveioplTlent Guidelines August 2a, 2001 DRAfT Intent and Purpose The City of Centervil!e is uniquely laid out with Main Street as a spine ~inking the free'll/ay access east of town with th~ original downtown to the W/$$t. Between the$t twCJ critical yet opposing features is a three-quarter mile transition area Of homes, light commercial and community uses. Th~ property under comsideration is at the east end of Center/iHe, adjacel'lt to existing comrne:rcii!ll and industilai businesses. ihe purpose of these de$lgn guidelines is to ElnCljUiage buiidings and spaces that contribute to the physioal and so01al integrity of the growing community of CMtiiVi!!a. The overall quality of the development is of primary importanc~ to the City of C~nbryille, If there are parts of these guideline$ that are incompatible wi'th the execution of a Quality devi$>iCpffi$r'lt. consjd~r.atlon will be given to alternate meEns of achievIng the goals outlined Wlthll'. development guidelines Mile idantlfied the M~mberQ of the committee fo!lowing interests/goals for the prop~rty: 1. Encourage and sccommodata bike and pedestrian traffic 2.. Begin the mental and vi$wa! tri1llisition from the fast paced traffic at 3SE to the traditional downtown at t~ west end of Main Street 3. Provide high quallt>i ga.ods aoo services desired by !ocal residents. 4. Avoid lar~~ parkingsreas il1 front of buiidings on Main Street o. Be creatiVe and di$iinetive In architecture 6. Be compatible with existing bUSinesses and structures in the area Parking and site aceess 1. Parking along M<1Iin Street $hall b$ limitEld to ~ single parking aisle north .or Main Str8~t. with diagonal parking adjacent to the butldings. Additionsl parking may be provided in single aisle rows between buildings, in recessed courts between parts of bufidings or to the north of the buildings. 2. Access may be provided from either the north or south sides of tM sita. 3. Space is to be provided along Malin Strnet fer a pedestrian/bike path Suiiding massing andpiaclm'Ient 1. Buildings on the property are to be plaC80 50 that theprirtlilrv face Md emry is toward Main Street. It is permissible for secondary faces and secondary entries to face other direGtions in order to accommodate access from parking. SEP-1J-2001 09:05 SHEA EI:l2 341? 2930 F' . 03/03 2, Buildings or parts 01 building$ ~diac~!I'\t to The CCUlity S.,nk $hall be set back from Melin Street to within 20 feet of the existing County Bank. 3, In order to create a rtry1:hm of building al~mer1ts facins Main Str~~t the d\~lVe!opment is to De either a esries of $mallar buildings) Qr shall nave recessed areas along the Main stfe'9t frontaga to bl'sak up the length of the site. 4, Bul!d!ngs should hav~ sloped roofs racing Main Street comprising at least fifty percent (504i) 0'[ the total building front, All buildings are 10 have at features above th<troof line c;Omprl$iri9 ?i minimum of twenty percent (20%) of the front faqade. Possible featUl'e$ include dormers, cupoias, towers, skylieht$, gabi$$. Chimneys, etc. Materials and Colors 1, Buildings and structures on the property should ~ in durable masonry Or $tucco-iike miitana!e such 3$ brick, d~corativa concrete block, stucco, simulated stucco. etc. ~rfm:ary colors ara to be earth-tones such as tan. beige, brown s'1c. Accent elements or window/door elements :sh~i1 illClud$ pieces in a red/rust color range. 2, Use of architecturai rneul,;vork i$ encouraged throughout the Gevelopmel'1t, Decorative metal griHw work., fencing and signageis encouraged. 3, Windows facing Main strreet shall comprise bewvsen twenty-flv!.'! and eighty percent or The front Jagade. For purposes of determining till:; p\'!rc~ntagl':. sloped rocf visibie from the street are not to be included in the caicuiio'ltion. Landsoape De$igl', ~n(f !.i9!t~i'l9 1. Landscape desigf1 shou~d be u:s~d to s' '.:," outdoor space:':, defin\~ walkw~Y$ tU'id roadways, Gte::: treat thft OaSo$(i of buildings, 2. l~mi;l$~.aping shatl include ehsm.mt;) that are red 50 caior for at least part of the seaSOll, as a w-ay to 8mph,asize 'the accent coloring of the buildings, 3. Sit'!: lighting is to be '::;rlented 5,0 that the light source is directed to'Nard the p'.lildings snd ~W"Jctt,ires. Wal! mounted lightf5xtures will oniV be allowed on str~et sid&s of structurss if the primary light direction is either up or down. ~ " '/1 p~rKing, ~nck$e >; .:;<..",~s for viewing and TDmL F', 03 en :::T Cl> ll.l 00'1 .::::. !:U ~ ~ -i 0 (') ::3 c.. CD 0 ::r c 0 tJ) -tJ) CD !:U """l (") " o tJ1 (') ::3 !:U "C -. m CD "C ;::j en 3 c- o ::J """l (l)~ 0 (l) (l) c:: ..... ::J :3 ::3 """l (") tJ) (D ..... - ..... '< 0 (l) :3 ::to '< Q) = !:U (D (0 OJ ..... ::4.= -'" Q) (") to :3 0 0 " """l >< ::J (l) """l CJ ...... '< o - CJ Cl> ::::l ...... ('l) :5. 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'< 0 CD to '< !:U c: (.Jl (,Q OJ ..... ;:i.. OJ Q) n ~ 0 0 '" """l >< ~ (1) """l Date: September 14,2001 lvlemo to: EconorrIic Development Committee Members, Planning and Zoning Commission Members and Park and Recreation Cmnmittee Members FlOm.: Shea Architect Project Nb;mbers RE: Metis culture and history, and Canadia.l1 i\rtists information Please be infonned the attached information is important in maintaini.'lg a city identity and maybe pertinent in the overall commercial development design concept. Cordially, Shea ~AIchitect Project l\/lembers Craig Bode; Mary Capra Iv1ilce Duffek Paul Patzer Kraft rim Rehbhle Frances Anne Hopkins 1838-1919 An artist of rare ability and penetrating vision travelled the highways of the voyageurs in the middle of the last century sketching as she went. It is time that her sketches, paintings, and engravings should be brought to the attention of ail who understand our North American wiidemess"Jheir fluid highways, and the voyageurs whose birch bark canoes sped ovedhem in days gone by. For she, perhaps best of all early artists, has preserved the voyageur and his habitat most beautifully and at the same time most accurately. The fur trade in Canada - an aggressive, expansionist, hierarchical regime - dominated the nOiih and west until the transfer of Rupert's Land to the Dominion of Canada in /1870. !t has been depicted as a man's world of native trappers, canoemen, clerks, and post managers, with only recent recognition of the role of both Native and European women in the trade. Frances Anne Hopkins, artist, wife, and mother, captured the essence of the canoe brigades in the decade before '1870 her European perception or the wilderness and Manitoba. Frar;rc~s Aluva Hopkins (1338~1919), as photographed by William Noiman in 1863, documented by oii, watercolour, and sketch the last days of the fur trade in Canada. Her narrative paintings, k.nown round the world, chronicle with [pinpoint accL'lracy every detail of the canoe, the voyageur and the mgged landscape of a vast cOlw:try which romantically appealed to a young lady transported from England, her birthplace, to a ilew land shortly after marrying Edward Hopkins in 1858. [Photo, courtesy Notman Photographic Archives, McCord Museum of C.madian History] Bom Frances Anne Beechy in 1838, she married Edward Hopkins in Londoll, England, in 1858. A widower residing in Lachine, Quebec, with three children, Edward, an employee of the Hudson's Bay Company, returned vvith his bride to Canada, settling in the Montreal area. VVhen Frances witnessed the Grand Canoe Reception at Lachine given by Sir George Simpson for the Prince of \Nales in 1860, little did she know that the canoe would playa significant part in her personal discovery of Canada. This was particularly true after she accompanied her husband on inspection trips after he was appointed Chief Factor in charge of the Montreal Department for the HBC in 1861. Her canoe voyages became a window to several facets of Canadian life: the commercial lumber and fur trades, native life, and, most importantly, the role of the canoe. in 1869 she joined her husband on a leisurely canoe voyage from Thunder Bay to Montreal. Her documentary approach has been celebrated among historians, but only recently have her artistic skills been recognized and critically acclaimed. She painted in a British topographica!landscape tradition and was influenced by John Ruskin who upheld the virtue of painting with a freshness of colour, boldness of conception, twth to nature, and originality of theme. d,.~ Art historian Robert Stacey has observed that Hopkins' vision and popularity foreshadowed a nationalist schoo! of Canadian art. By painting Canadian subjects vvith the !ife and vitality of experience, Frances Anne Hopkins became "... a painter who captured 'Somethjn!~ fundamental to a place, a people, and a way of lite that nobody had looked '30 1'",. .06'=',18," . Hopkins rejected the Romantic Movement's lone hero. Rather, her canvasses capture the notion of cooperation, not competition, on the canoe voyage, where group effort V\fas necessary and vital. She also populated the wilderness with people, 8 human element lacking in the depiction of pristine nature by other contemporary artists. She also inserted her own authentic experiences into a scene and its action, unlike other contemporanj women painters in England such as Lady Elizabeth Butler, who won fame for depicting wars she did not see. In the male world of the fur brigades, she was unique for her participation and her rendering of images dthe past that few cared to record. She shares with VVilliam Armstrong and Paul Kane an important role as being among the first Canadian artists to paint the upper lakes region and the West. Stacey argues, "Her works need to be rescued from the dusty vaults of historical illustration, archival documentation, and sociological inquest and restored to their proper place: the repository ofthe living imagination." Painted in 1879, "Shooting the Rapids," a dramatic oil on canvas, c:aptulI"es the essence of a thirtyosiJ!:-foot long freight canoe being steered through treachero~s white water by 16 four passengers in the middle, side by side, iFrarJces Anne Hopkins. [Photo, courtesy The Hopkins record for posterity a realistic portrait or the \I'lJorid-famous canoe brigades and lumber raft scenes of Canada's legendary waterways before such canoe travel, as a primary commercial system of transportation, succumbed to railways and before photographers replaced artists in documenting life in the wiidenless theatre. Her images are far better known around the world than she as an artist in her own and adopted countries. The north, the wilderness, the canoe and the fur trade help define a greatdeai or Canada's eariy history and are topics venerated by readers around the world, most of whom are familiar with the authentic and stirring images painted by Frances Anne Hopkins. An adventurous, stimulating, and creative artist, she, with such other women artists as Emi~y Carr, Paraskeva Clark, Peggy Nicol McLeod, Lilias Torrance NeWlon, Prudence Heward, was an imaginative interpreter of the Canadian experience. Larry Turner RPW Publishing: Canoe: Voyagers at Dawn Page 1 of 1 22" x II" image on 28" x 22" paper he Fur Trade Series by Frances Anne Hopkins, is a classic from the 19th century. Frances Anne Hopkins often travelled with her husband Edward Hopkins, the Chief Factor of the Montreal Department oftne Hudson's Bay Company, and documented many orher experiences with the V oyagers on canvas. (Prints Copyright IvIinnesota Historical Society). IThe poster is available in the following formats: _IRoned I Wrapped in paper in a 3 inch shipping tube. A descriptive sheet is also included. 1$15.00 plus $6.50 for shipping DIat ShiPped. flat on a foam board backer with a clear cover. A descriptive sheet is also included. [$25.00 plus shipping Framed Framed with maple burl veneer with a honey stain on a poplar base which is 2 1/4" wide by 3/4" thick. A descrintive sheet is also included. li\iTat choices are in two categories: light or dark, both having a thin secondary mar of a color Dulled from the image framed. 1$188.00 plus $20.00 for shipping ~ a."",i'~ -~, -'-"_'_'-'"--"~"""'-'-~""""~"""'-":"""-'-~_--'--"""'~"._""'.~'_-C_""~~':-"""-""'--"""_'-'_'..,..-.,."~_,_ -'-'~''''-'''''-'''_'_''''-,-C-c'--:'O''''''''''__''-._~__'''''__"''''''''_'_~..,..__,,..,-,....--.,,_~".".,~...._.___:_...._...__.. ._.__.._..,"__....,,.,--..,_~_."-:--_""_..--.,-.,,-___~..,...._.._._. _ z3ailerv ~ ;_n n:::;T,:[: ,...-, -,.- .',- ',', :~'. .," ,.""';~ Y;::dI.:.;; mCH::i.'t';::;:i;:J. ~j; ~-0:'UU http://VVWVl2.pOVifercom,net/~i }JW1:JulJ lisrili"lg/pages/dawn,html 8/24/01 RPW Publishing: Canoe: Canoe Parry around Campfire Page 1 of2 Canoe Party around Campfire 22" x 13" image on 28" x 22" paper Fra11ces ;~l'rne f-Ioplul1S The Fur Trade Series by Frances Anne Hopkins, is a classic from the 19th century. Frances Anne Hopkins often travelled with her husband Edward Hopkins, the Chief Factor of the Montreal Department of the Hudson's Bay Company, and documented many of her experiences with the V oyagers on canvas. (Prints Copyright Minnesota Historical Society). The poster is available in the following formats: IRoned I Wrapped in paper in a 3 inch shipping tube. A descriptive sheet is also included. .1$15.00 plus $6.50 for shipping C' lat S n' ipped flat on a foa mboard backer with a clear c over. A descriptive sheet is also included. 1$25.00 plus shipping I Framed Framed with with a honey stain on a poplar base which is 2 1/4" wide by 3/4" thick. A descriptive sheet is also included. I'" ~ ~lr . Da\..tl~ 1\.'1at choices are in two categories: light or dark, both having a thin secondary mat of a color pulled from the image framed. 1$170.00 plus $20.00 for shipping I I ""'_~."""'''.'''''''C'=-''-.''''''''~''''''''=,~=''''',7'''-:''''.>.F':'r,''''=''''''''''''.:"...,..,.,,,,,,~~,..,.,....-<<:.>t.-:'C",",:"-"-~""~C'~-.='_~'~_ ~'-"CC','~~'C""",,~~9"_~""7,'_~'~~'~"r_ "-:;='-~"-"'_'~~"="""-'~"""""~-.".=:<.~.;""=",''''O"~",",'-:'''''T'''''''''':''''."-~,~",~~~-".".,'Cry"~y,,,~.-'''"'''''''''''"''-'''''~''':-'.C_,,....~_,._,,"_,,__=~_~~~=""'''_,,-r'._''''~'__C'_ '---'-.~'_.___ http://vvww2.powercoill.netl~rpwpublishing/pages/ campfrre.html 8/24/01 Fine Art Presentations Page 1 of 1 r i .~.ii_'~-; es .~ :,0,:_.';;- ..:.. _..:l.._~"::__O.'''''J Sponsored by: Rebekk...ah Stewart: style, humor, intelligence and grace - art .in motion. Navigate: Home 0 -:J.~phah.eticai JJ tlopkins FranCt.."S Anne [Help] Help support this gire! Hopkins" Frances Anne [Canadian" 1838-1919] Hopkins, Franees k~'ne fCanadian, 1838-1919J lVlore i1lfD fn}ID :Bdtazmka.rmn EaeR to Thumbnails _Sl1 i1n~g'es7 pi~tllres" :;;;tc. contained here are gleaned from Useaet, or SOrGe other public access arc.hjve. \Ve believe ail enm{.,"S to be in L.~e public domain ;;m~ theret~'}re, can be used ~.vithout r~-trictlon_ If you see errors or omissions (e_g.~ missing artists~ artist not cross-referenc::::d by c~n!UIY ur ethnicity}. or if yeu U\\'il the CGpyright to an rruage displayed here~ please -cnntnct as. -. ; "."~-C.. _'T_,:-.:.;,:"=_--;;:;,,:;;,~,,,,'~'::""'C~':O.L;';:;':;-,"-':,-.u-"'''~,-~~ ;;";,;,:";,~,, .;''':=~'-''''=''::: :::'~=-.:::-''':. ,,".:;:'.:C:' :"0"':;:' ':,'':;:'''~:';:~,,"''''':;l=",,":;;;'~=,:,:,:,,-,.~-,,~,=-o;=-,"=-,-,,.:.:.:::::-..:..:.::c.,.:.:..o., ~\-=.:"...,~.,.:,=,,,,,;;:..::~,,~,,"";::',,~..~;,,-,.:;...;.,~ ,...:;-"c.,--,:",,~,'-'"_':~_".. 0'..... 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The French word, "Metis" is derived from the Latin participle mixtus, which means "mixed"; "me!e"; it expresses well the idea that is sought to be conveyed. .;;.'i Following the anne;tation of the northwest by Canada in 1870, the political economyoithe M$tip . destroyed. Many legal instruments, including some treaties, the iVlanit0t8;:~\;tc: 870):;:,:.: Dominion L2'"j,0\ct (1879), recognized Metis claims to ,A,boriginal@e;.!Jutthe fedE.~;:r' ;jo:,"X:1!bellt attempted to "unilaterally extinguish" these claims through individual land an6 s;~,I;L23t(ip. Denied the recognition of their collective rights by political edict aione, the Metis became Canada's "forgotten people". The Metis of Ontario have faced the same exclusion and denial or their inherent Aboriginal rights. Many Metis communities were established from migration after the government's deplorable annexation of the Metis. Other Ontario iVletis communities evolved long before the annexation and still survive today, in areas throughout Ontario. Ontario Metis communities have thrived and flourished from the Ottawa Valley to Sault Sie. Marie to Kenora. The Metis have a rich and established history in the Province of Ontario. The Metis of Rainy River signed an adhesion to Treaty Three in 1873 conferring the same rights First f\Jations enjoyed upon the Metis. Presently, none of the promises of lands, rights, or annuities have been fulfilled. .As well, other Metis communities across the province still have not had their constitutionally entrenched Aboriginal rights fully recognized. Estimates of the number of Metis in Canada vary widely, from 300,000 to 600,000. A proposed federal enumeration of the Metis could provide a more accurate count of Canada's Metis population. Metis account for more than 20% of Canada's Aboriginal population. It is estimated that there are over 50,000 Metis within Ontario alone. Learn more a the culture ar history of the Louis Riel and tJjstorjca! M,;:;'t~~ The N1<~tjs FJao The Niei:!s Sasf Treat" Noo :3 Metis Adhesion The Metis Flag Recognized merely as a horizontal figure 8 by many settlers, the Metis flag was carried by the French 'half- breeds' with p.rid\9. Thefigure1n the-~ntr2 of a blue field represents th\9)Qh1irrg of WIfO C'idfe'2 as an infinity symbol, represer,ts ale immor:;,.,i;:Ykition. ,!\s the Metis were strongly associated With lneNorth West Company, a fur trading entity in competition with the HBC, they orren fought for r-.iWC causes. As part of a gift giving ceremony in 1814, NWC partner Alexander MacDonnell presented the Metis with this flag, tiIJhich would soon become a trademark for the nation. Today, the Metis flag is stili used and carried as a symbol of continuity and pride. Learn more about the culture and history of the Metis... Louis Riel .and other !historical Metis fiQures The Metis Fiaa T!he Metis Sash Treat'..!' No" .3 Metis Adhesion Heme ! about lViNO I Nevvs r Po'#lev Case Nhstis Vovaqeur I ,il,rts I History & Culture I GuestboDk I,.!:i\.'. /I:...e'".....t.l.. ~." I "--' .... ',. ...... ...:~...-.-. .... '-, ".."'..' "'00"'- 1\ ilt 1(-'1'~ 1.:..2..'-.I.".)'~J. ( jr'ltfl'l: '10 1-./ J 1, .{...... _. .." The Sash Of ail the symbols associated with the Metis culture, the sash is perhaps the most widely recognized and best known. Wrapped about the midsection, it was used by Voyageurs to Carrj their belongings during their transportation duties, ,u.s the Metis took tremendous pride in their clothing, the sash, being an attractive piece was highly valued for its aesthetic presence, Often, a decorative beaded pipe bag was added to the Voyageur's outfit, being suspended from his sash. As well, it was valued for it's practicality and versatility. It was warm in the colder seasons and couid be used as a rope when none was available. The art of weaving the sash was brought to the western regions via Voyageurs who had encountered the bright 'scarves' through contact with French Canadians. The finger-weaving technique used to make the sash was firmly established in .eastern woodland Indian traditions. The technique created tumplines, garters and other useful household articles and items of clothing. Plant fibers were used prior to the introduction of wool. Wool and the sash, as an article of clothing, were introduced to the eastern 'J\!ood!and peoples by Europeans. The Six Nations ConrederaGY, Potawatomi, and other I ndian nations of the area blended the tvvo Learn more about the culture and history of the Metis... LOUlis Riel ami other hllstorrrca! l\IIetisfioiLJres The Metis Flaq The Metis Sash Treatv' i\lo. 3 Metis A.dhesicn The french settlers or Quebec created the A.ssomption variation of the woven sash. Sashes, were a popular trade item manufactured in a cottage industry in the village of L'Assomption, Quebec. The Quebecois and the Metis of Western Canada were their biggest customers. Sashes were also made by local Metis artisans. Sashes of Indian or Metis manufacture tended to be of a softer and looser weave, frequently incorporating beads in the design. The Metis share the sash with two other groups who also claim it as a symbol of nationhood and cultural distinctioil. It was wom by eastern woodland Indians as a sign of office in the 19th century, and it was worn by French Canadians during the Lower Canada Rebellion in 1837. It is still considered to be an important part of traditional dress for both these groups. The sash has acquired new significance in the 20th century,. now symbolizing pride and identification for Metis oeop!e,M.~n!}p~a.aml99ska.tche~l1~ave both created "'The Om~r;.9ktJjrSasll:'\~fDic:~ '$ iq~%tpwed upon members of the iYl?~i~~~flmmunityw~ohC1YA~ade cultural, political or socia! contributions tcp;~ii;;J;:::;;p!e:' ,. Harne I about MNO I !\Jews I Powle'! Case t'Jletis Vovaoeur I ~~rts I His'Tcrv & Culture ! GuestboGk Treaty o~3 Learn more about the culture and history of the Metis... Treaty NO.3 is a rare example of a treaty that includes the Metis ;:;=-1Zf....-':__......';,.;?~s.. '''"''''--...~:_~~" !".:.~--,.....-'>"3-""~':i..;.....;t=. ..;..~~":!~:/.;,....""'~ -;.~;.::,.;,~;~,..,...r." ,t-fr7~;; Louis Riei and other historical Mens TIQures ;'-2.",,-::, ,.~,::;:'..~"-"'...,,... '\[''''' Isf/.t6t, 1... ~ j . ,:.:L, -" ::_ ...:\.,""' j Nationp/ I ()ntario LOllis Riel Born in SL Boniface in 1844, the French- speaking Metis boy was sent to Montreal cO be educated and subsequently became an apprentice to a Quebec based lawyer. Shortly after, louis left the city to return to the Red River settlement and his destiny, After the Hudson's Bay Company surrendered Rupert's land to the Government of Canada, the Metis were left without representation. louis Riel stepped in and co-founded the Provisional Government of Red River, which 'NaS used as a guiding body IO usher the west into the Dominion peacefully and to asure that the concerns of the Metis were heard. Through his leadership, the province of Manitoba was founded. In 1884, answering a desperate call sent out from his people, Riel returned to Canada and, once again, demanded equal treatment for the Metis. His plea was answered with a military response and the Battle of Batoche ensued. Still trying to guarantee recognition and understanding of his people and their culture, he surrendered on May 15, 1885, continuing the battle in court. Riel was condemned to death and hung for High Treason by the very country' he helped to build. He died November 16, 1885. learn more about the culture and history of the Met.is. Louis Riel and other historical Metis fioure: 1"&1e Metis Fiao The Metis Sash TreaW No. ,3 ~\lletis };dhesion Gabriel Dumont Often heralded as a brilliant stategist, Gabriel Dumont spent much of his life as a Metis traditionalist. He spoke 6 First Nations languages and survived through his skill in trapping, hunting, fishing and farming. He was:known as 'the prince of the prairie'. Dumont orchestrated many of the battles of the Rebellions and was Riel's 'right hand man'. Dumont was a skilled hunter, a trait that carried over into military manouvers and won him a victory at Fish Creek. Dumont fled Canada after the Battle of Batoche and recieved asylum in the United States, where he furthered the Metis cause by organizing the southern communities. Adjutant-General of the first Government in Manitoba, Lepine was instrumental in the sentencing of Orangemari Thomas Scott. Lepine was a staunch follower of Riel and a strong Metis activist In 1874, he was tried and convicted for the murder of Scott, but after the Governor General intervened, his sentence was lessened. Lepine was communted to 2 years imprisonment and lost his civil rights. It wasn't until 1915 that these rights were restered. Marguerite Riel While exiled and teaching school in Montana Riel met and married Marguerite Bellehumeur, an American metisse. When Riel returned to2Saskatchewan in i 885 to help the Metis, Marguerite accompanied him. Marguerite died just a few months after Riel's execution. Riel and Marguerite had two children together both of whom died in young adulthood. T,~ 0', "11' 1~ c S:. ,1,""h' m',' l'd" -'t.' IL-J,' "0 ."""ltl" Louis Schmidt was born in the Red River settlement and was schooled in Montreal with Riel. There, the two forged a friendship that would cany through their lives until Riel broke from the church. Schmidt was a member of the 1869 Provisional Government and helped to to draft the List of Rights, a bill that helped form the basis of the Manitoba J!\ct. Schmidt later testified to Riel's insanity at his treason trial after the i 885 rebellion. Homs: I about !\liNe' ! N6\iVS I ?ovviev Case Metis Vovaaeur I Arts I Histcrv & Culture I Guestbcok MEMO DATE: January 16, 2003 TO: FROM: RE: Honorable Mayor and Council Members Mary Capra Hunters Crossing Phase II & III 1=.mm3.3..~8~..m....~..mm.....s...aa.a~..a....B.m~.a......m.mm~.~sa~ga~~~~ga2aa~a3a~~1 Background: When Hunters Crossing Phase I was brought before the council in the year 2000 they requested Mr. Carlson to pay higher park dedication fees in exchange for the city advancing the MUSA. The fees at the time where $1,500.00 per dwelling and Mr. Carlson agreed to pay the amount of $2,000.00 per dwelling. Actions Taken: . Council has given their intention to Mr. Carlson to advance the 2006-2010 :NfUSA and the 2011-2020 MUSA for development of Hunters Crossing Phase II & III. Actions for Consideration: . I would like the council to consider raising the park dedication fees over an above the normal fees for properties being advanced ahead of our comprehensive plan schedule. This will give the Park and Recreation Committee more monies to work with in planning future improvements to our city parks and trails. 1600 1'" ~ ~VJ{) Go ~ ~~~~ $/,000 11 fY 1P{' TO: Honorable Mayor and Council Members FROM: Kim Stephan SUBJECT: Economic Development Committee Recommendations DATE: January 16, 2003 The Economic Development Committee made the following recommendation for Council consideration at their January 14, 2003 committee meeting. Mr. McLean, owner of the local business, Hansel & Gretel, attended the January 14, 2003 EDC meeting and expressed an interest in joining the committee. Motion was made by Chairperson Scheller, seconded by Committee Member Backman, to recommend to council appointing Kyle McLean to the Economic Development Committee. All in Favor: Motion carried unanimously. City of Centerville 1880 Main Street Centerville, MN 55038 January 17,2003 Dear Mayor & City Council members; I am requesting that you consider my appointment to the City ofCenterville's Economic Development Committee (EDC). I have several reasons for wanting to join the EDC; My wife Brenda McLean and I are local business owners (Hansel & Gretel). I have always wanted to find a way to help and serve my community. I am also a Realtor for ERA Muske Co. focused on the Centerville, Lino Lakes and Hugo area. Our four Children will all attend Centerville Elementary. I grew up in Bloomington, MN and graduated from Kennedy Senior High (1988) then St. Cloud State University(1993). For the past 9 yrs. I worked for TEKsystems, a worldwide IT consulting and staffing company. I started as a recruiter and was quickly promoted to outside sales and for the last 6 of the 9 yrs. I was the Director of several branch offices. As you can see, we have a deep vested interest in the overall as well as the economic development of Centerville. Thank you very much for your consideration. Sincerely, 1(-;]r1~ Kyle McLean 651-260-9608 TO: Honorable Mayor and Council Members FROM: Kim Stephan SUBJECT: Parks and Recreation Committee Recommendations DATE: January 16, 2003 The Parks and Recreation Committee made the following recommendation for Council consideration at their January 6, 2003 committee meeting. The Parks & Recreation Committee received a letter from the Centennial Lakes Little League requesting the use of Laurie LaMotte Park ball fields and the same service provided by Public Works Staff in regards to grooming the fields prior to games. This would be the same schedule as was approved in 2002. At this time, no other requests ha\'e been ren:1v(;(,. The Centem1ial Lakes Little League has worked with the city in the ;Jast donating all th/' reickstops and purchased an attachment for the tractor, which is used in grooming fic;~,s. Council Member Broussard Vickers would like to ensure the Centennial Lakes Little League is informed that this will be reviewed annually and they do not have exclusive rights to the fields. Motion was made by Committee Member Peil, seconded by Chairperson DeVine to recommend to council to accept the request from Centennial Little League to use the three baseball and softball fields and facilities located in Laurie LalVIotte Park for the summer months of 2003 beginning April 1 through August 15, 2003, Monday through Friday from 4:00 p.m. until dark. All in Favor: Motion passed unanimously. Co'" '. '. " n-. . ~ , ,'7 Lf !> . .... , Tf [, .' ! IT. Le E' ,;1 f7('" vE" ~'. ,P j~TTf '1j!2/V /~lll AL" l ,AI K.~ Et :Sl" ,(0/, Elf 'Ti !w JR K ,: . A1 rrr H / F ' '~ .!f!J.l.y ,i J1..:J"'-o'#.::.V:',.l'il",A ,.} <.'4.. Lt,':';;"'" '. i ~!-- -' 5.:J,...d.fL.:j .{.. ",,,,",,u-~ 4175 LOVELL ROAD, SUITE 114 LEXINGTON, MN 55014 December 3,2002 Jim March Centerville City Hall 1694 Sorel Street Centerville, rvm 55038 Dear Mr. March: This letter is to request the use of three baseball and softball fields and facilities located in Lamotte Park for the summer months of2003 beginning April 1 through August 15,2003, Monday through Friday, from 4:00 p.m. until dark. These fields will be assigned as horCle fields forthechiki.:cn who live in Centerville and Lino Lakes that are served bv the . '-, '''", ' .." J Centennial Lake,S Little League. vVe will send you a copy ofllie game schedules as soon as they are printed so you have a schedule for our dragging agreement for Lamotte Park and Centerville Elementary. If you or any staff members of the City Councilor Park Board have any questions or concerns, please feel free to contact me at 763/780-3836. Thank you for your continued assistance. Sincerely, (h, . /" ! ,! '4..// ,. /J) , 1/%/,7/ " , ,;;y;!>2~'1'" G .I i VV Iv I' '!~/ Patrick Mahr, President Centennial Lakes Little League PM:ll , i1 TO: Honorable Mayor and Council Members FROM: Teresa Bender, City Clerk/~' SUBJECT: TimeSaverslMinutes DATE: January 22, 2003 With each new council, consideration for minute taking should be discussed or considered. The previous Council requested that the minutes be close to verbatim and very detailed. Previous Councils have desired that the minutes only contain a paragraph or two summarizing the discussion and the inclusion of the motion. Both types of minutes are used by other communities and there are pros and cons to both. The fees for this service may be decreased if the length of minutes is kept to a minimum. It is Council's comfort level as to the detailed information contained in these permanent records. ADDENDUM TO RECORDING SECRETARY SERVICE AGREEMENT Dated: December 31,2002 By and between TimeSaver Off Site Secretarial, Inc. and the City ofCenterville, 1880 Main Street, Centerville, MN 55038. 1. EXTENSION OF RECORDING SECRETARIAL SERVICE AGREEMENT: The term of the existing Recording Secretary Service Agreement dated December 31, 200 I shall be extended under the same terms and conditions to December 31, 2003. 2. TOSS Charges. TOSS shall be paid for its services as recording secretary for each meeting (the highest rate will prevail), as follows: a. Base Rate of One Hundred Six and 00/100 dollars ($106.00) for any meeting up to one (1) hour (billable time) plus Twenty-six and 25/1 00 dollars ($26.25) for each thirty (30) minutes following the first one (1) hours; or b. Twenty-three and 15/100 dollars ($23.15) per hour for time attending meetings, and fifteen (15) minutes prior to Call to Order and fifteen (15) . minutes following Adjournment with a one and one-half (1.5) hour minimum; and Ten and 30/100 dollars ($10.30) for each page of minutes prepared from shorthand or machine notes of the recording secretary as draft minutes for submission to and the review and comment of City ofCenterville for their preparation of final minutes. At the end of the term of this Addendum or any extension of it, the parties may make a new Agreement or extend or modifY the terms of this Agreement. IN WITNESS WHEREOF, the undersigned have executed this Addendum to the Recording Secretary Service Agreement as of the day and year indicated. January J!.., 2003 CITY OF CENTERVILLE l' () ~~~~ { :&lm Moore-Sykes / Q Its City Administrator December~ 2002 TIMES7YER OFF SITE SECRETARIAL, INC. By [{t0J vrr~ Carla Wirth Its President & CEO EM;t ".,,:',', ~" ~~:~i" t~~ January 13, 2000 Attention: Theresa City of Centerville 1880 Main Street Centennne,~ 55038 Dear Theresa, Thank you for calling TimeSaver Off Site Secretarial, Inc. regarding your interest in our recording secretarial seMces. I reviewed the set of draft: meeting minutes which you faxed to me and would like to submit the following proposal to be Centelville's Official City Recorder on a contract basis: MEETING TIME: $21.50/hour (meeting time plus ~ hour) MlNUTES: $9.50/page for draft minutes (you make final changes via disk or e-mail file) Th~ above quoted rates are based on the assumption that the meeting minutes will be printed in Times New Roman, 12 point, with one inch margins ( average), a one line footer, and that the level of detail will comprise four or more pages per hour of meeting time. We can provide your minutes in either a MicroSoft Word or Word Perfect format and submit them via e~mai1, if desired. Enclosures provided includ'e details of services offered,. current municipal and corporate clients, letters of recommendation, and meeting minute samples. Please note that our business was named "Northern Counties Secretarial Services" until January of 1993 when it was changed to TimeSaver. We are very flexible in meeting the needs of City Councils, Commissions, and stair, and encourage you to call our references. Please feel free to call me at (612) 421-8999 if I can be of further assistance or provide you with additional information. We appreciate your consideration and look forward to receiving your response. [ Sincerely, I.A $1. 'ttA. } I 'I , 111/ It- 1/1 f I, J.tr./; IIll;' /1' . L-- ~L. 0C.v~'>" ......v Carla Wirth Owner .'"<: o ;<- e G ," CITY OF CENTERVILLE CITY COUNCIL MEETING JANUARY 8, 2003 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting on January 8, 2003, at City Hall, 1880 Main Street. PRESENT: Mayor Terry Sweeney Council Member JeffPaar Council Member Tom Lee Council Member Mary Capra Council Member Linda BrousS",... :..v.....'.............,'... c.~~,rs 4b.>. None ~@lj City Administrator, Ms. Kim MDsYkes City Attorney, Mr. Jim Hoeft City Engineer, Mr. Tom Peterson ABSENT: STAFF: "'::~:Y' ....J~.. ;...)- " ;-~t.;I'f t:'!...:;~-~ ,c',/~.,\.{ I. CALL TO ORDER Mayor Sweeney called the January 8,2003, City Council meeting to order at 6:30 p.m. II. APPROVAL OF COUNCIL MINUTES Council Member Capra requested the following changes to the minutes of December 19, 2002. On page 8, first paragraph 2002 should be modified to be 2001 and on page 10, item 2 Council should be modified to read Planning and Zoning Commission. She indicated she had reviewed the tape concerning Council Member Travis' statement in regards to Ms. Moore-Sykes' performance evaluation and forwarded a verbatim copy to TimeSavers and requested that the language be respectively modified. Motion by Council Member Broussard Vickers, seconded by Council Member Capra to approve the December 19, 2002 Council Minutes with amendments. All in favor. Motion carried unanimously. Mayor Sweeney, Council Members Lee and Paar abstained from voting, as they were not present at the meeting. III. OATH OF OFFICE 2. Swearing in of Council Member Tom Lee ~ .. City of CentervilIe Council Meeting Minutes January 8, 2003 City Attorney Hoeft administered the oath of office to Tom Lee for the position of Council Member. 3. Swearing in of Council Member JeffPaar City Attorney Hoeft administered the oath of office to Jeff Paar for the position of Council Member. 1. Swearing in of Mayor Terry Sweeney City Attorney Hoeft administered the oath of office to Terry Sweeney for the position of Mayor. V. APPROVAL OF AGENDA Council Member Broussard Vickers asked that item 10 under New Business be added as Park and Recreation Committee request. Mayor Sweeney asked that Announcements be added prior to VI. Motion by CounciIMell1l>erC3;P'!aL~~~~caded bv Council Member Lee to approve the agenda as amended. All in favor; l'.lotion carried unanimously. IV. CONSENT AGENDA Motion by Council Member Capra. seconded by Council Member Broussard Vickers to approve the consent agenda as presented. All in favor. Motion carried unanimously. ANNOUNCEMENTS Mayor Sweeney stated he had several points concerning his personal affiliations that he desired to make public record. He stated he serves on the Centennial Fire Department and has for 13 years, and therefore he will not serve on the Fire Department Commission as the Mayor typically does. He indicated he is a member of the Lion's Club and will abstain from voting on any issues that affect this organization. He also added that his spouse is a City employee. He asked that all of these items be added to the record so the reason is clear ifhe abstains from voting on these issues in the future. VI. A W ARDS/PRESENTATIONS/APPEARANCES 1. Mr. Garv Boyum, Waste Management Mr. Gary Boyum indicated he was here to address the City Council concerning three matters related to Waste Management; Request for CPI rate adjustment, Tip fee rebate and Single Sort recycling proposal. Page 2 of 20 City of Centerville Council Meeting Minutes January 8, 2003 Mr. Boyum handed out a copy of his presentation to the Council. He reviewed the current service agreement between Waste Management and Centerville and indicated that the contract allows for a cpr increase each year. He advised that the cpr for 2002 is 2.3 percent and reviewed the proposed increases with Council. Mr. Boyum explained that during 2002 Anoka County has given haulers a $5 per ton rebate on the tip fee at the waste to energy facility, which Waste Management has chosen to pass back to the City. He reviewed the quarterly rebate amounts, indicating the total rebate through November is $4,566.11. He believes the final 2002 rebate will be $5000 to $5200. He indicated that this could be received by check or in the form of a credit to the City. He stated Waste Management performs a Spring Clean-up for the City and this could be applied to that cost if they so choose. Mr. Boyum then explained the Single Sort recycling program to the Council. He explained that 'Single Sort' refers to commingling of all recyclables in one 64-gallon cart, which is collected every other week. He indicated Waste Management opened a new recyclery in January 2002 with state-of-the-art equipment used to separate 'single sort' commodities. This facility is located at 1800 Broadway and is available to tour. He indicated eight (8) cities totaling 56,5(;;0 homes have joined the program, with another three (3) cities and 2;720 horncs.tostart in the 1st quarter of2003. He stated the Single Sort program provides many ad(,-aiitages including being user-friendly - no more separating recyclables; less wear and tear on streets due to every other week service; proven increased participation and more pounds set out. He reviewed the increased participation and pounds collected in Coon Rapids, a previously low area for recycling. ! Mr. Boyum reviewed the costs for Single Sort service, indicating the carts are purchased, delivered and maintained by Waste Management. He explained that participating in the Single Sort program would require a rate adjustment of .25 per month and a 5-year contract extension to offset the cart expenditure. He stated that the comments and surveys of participating cities have been very good. He reiterated the three (3) items he was addressing with the Council and stated tours of the new facility were available. He also presented Council with a video they could cablecast if desired. Council Member Capra clarified that Waste Management was looking for a contract extension to 2009 in addition to the rate increase for participation in the Single Sort program. Mr. Boyum concurred. Mr. Boyum stated there were several reasons for promoting Single Sort for Waste Management. He indicated the high worker's compensation statistics for collecting recycling, from broken glass, slipping on ice, back injuries. He stated using the current method with separate bins, the trucks have to dump if only one bin is full. Therefore they are running half empty trucks at times. By putting the materials together there are less trips to dump. Page 3 of20 . City of Centerville Council Meeting Minutes January 8, 2003 Council Member Capra stated she has no problem with Single Sort, her issue is with the garbage in general. She indicated the Anoka dump was getting full and the question was where to put it. Mr. Boyum stated that Ramsey County had removed the tax on trash but were in the process of adding it back on. He stated it would be 32 percent on residential trash and 54 percent on commercial trash. He added that with Single Sort you reduce the amount of trash you have and therefore reduce this taxable amount. W~ ~..~ Council Member Capra asked if the trash currently goes t~laine. Mr. Boyum indicated it did. Council Member Broussard-Vickers stated the cost of living increase was fine, and she had no opinion on how the City should take the rebate, however the Council had been planning on reviewing the contract and the issues they have seen with collecting bad debt. They have been trying to determine how this practice affects the City in real dollars. She would like to review the information and discuss it next month. She feels Single Sort is wonderful, however if joining the program depends on the contract, they need more time to review it. .;;. '~.~ " " he understood the certification process. hilS;JJEien ~m Issue for it with his office and discovered that CenterviHe aCCQUlltS\vere marked with a 'Do Not Send Letter' indicator. He has asked that the indicator be removed. Mayor Sweeney stated he liked the Single Sort program and IS okay with the rate mcrease. Council Member Broussard-Vickers asked if there was an advantage one way or another to how the rebate was received. Ms. Moore-Sykes stated the City has never received one before. Mayor Sweeney indicated his preference would be to receive the funds, to be used first for Spring Clean-up and any remainder being added to City funds. Motion by Council Member Broussard Vickers. seconded by Council Member Capra to approve the CPI rate adiustment and request the Tip fee rebate as a check to the City and to l!ather additional information before ioininl! the Sinl!le Sort recyclinl! prOl!ram. Mr. Boyum indicated Waste Management was ordering carts now. He stated they have extra staff until spring, when they typically get busier, and would prefer delivery in the first quarter so they do not have to hire temporary help to make the deliveries. Mayor Sweeney stated Council needs to get up to speed on the contract. Council Member Capra indicated it could be put on the nex~ agenda. Page 40f20 City of Centerville Council Meeting Minutes January 8, 2003 Mr. Boyum reiterated he told their administration to remove the indicator about sending letters. Council Member Broussard Vickers stated that the City still had about 50 certifications and more research was needed. All in favor. Motion carried unanimously. 2. Mr. Richard S. Carlson (C6nce?t Plans -Hunters Crossing Phase II) Mr. Carlson stated he was asking the Council to consider his concept plan for Phase II and Phase III of Hunters Crossing. He indicated Phase I had been developed two to three years prior. He demonstrated that the sketch map shows 75 lots, with the road looping around and exiting by Pheasant Marsh. He stated he plans to do the PUD in two phases, with the first phase encompassing approximately 33 units. Mayor Sweeney asked why this was being done with one PUD. Mr. Carlson indicated extensive work needs to be done to the property. He stated the way the property is right now they would need to build slab on grade housing. In order to build basements they need to rebuild the site, including some wetland. He added it would be easier to accomplish this in one step. Mr. Carlson iidicatedthc> lots yvodd serve $400,000 to $500,000 homes, just as Hunters Crossing does. He slatCQ lilt, lOts would be 80, 90 and 100 feet, adding that each home needs to be evaluated independently for the lot. He stated a large pond on the west of the property would handle drainage. He indicated the trail of drainage through ponds and pipes to the lake, stating the current pipe would need to be lowered. He indicated the City Engineer had advised there was adequate capacity for sewer. Mayor Sweeney stated when Pheasant Marsh was completed they bypassed Mr. Wilharber. He asked if there was any way to get sewer and water to him with this development. Mr. Carlson stated they would look into it. He stated there is a small frame shop on one edge of the property that is encroaching. He will work with the owner to make sure the business can operate, and also with the pigeon coop owner. Mr. Carlson indicated he wanted to have a split entrance with granite monuments, as in Hunters Crossing. He stated the Hunters Crossing entrance is in City's right-of-way, however the owners are currently maintaining it. Council Member Capra stated the rain water ponds can also be a problem. After 1 to 2 years they become overgrown. She asked that it be looked at. Mr. Carlson stated he had spoke with the Parks and Recreation Commission, but they have not made a decision. He thought it sounded like they would request fees, with a sidewalk on one side and trail that would connect to existing trails. Council Member Lee asked how many homes would be on the market at once; Mr. Carlson stated it was important to grade in one step, and install the ponds, etc. He stated Page 5 of20 City of Centerville Council Meeting Minutes January 8, 2003 if the grading was completed in 2003 and the utilities in 2004, he thought approximately six (6) homes in 2004, ten (10) in 2005 and 17-18 in 2006. Mr. Carlson stated that the homes would be valued at $400,000 to $500,000 and may not sell as quickly as home based at a moderate level. Council Member Broussard-Vickers indicated that the main reason Mr. Carlson was here was that the Comprehensive Plan shows development in 2006. He needs approval to develop early. She stated she was at the Parks and Recreation Committee meeting on Monday and they agreed, as did Planning and Zoning. Mr. Carlson is looking for consensus that the development could move forward prior to 2006. Council Member Capra stated she was not opposed to speed up the 2006 portion and allow the road, but the 2011 portion, which is Phase III, is very early. stre-stated gh€ WGald Sg UlQre eomfortfrBlo if the City receiued a signed statemeuLthat he woJJld,u.'t ~cc the 2011 portieR of developmeRt. Motion by Council Member Broussard Vickers, seconded by Council Member Lee to allow Richard Carlson to file a Comprehensive Plan Amendment at his expense tC)IDove two parcels (2006 and 2011) into 2003. 4 Ayes, 1 Nay (Capra). Motion ,>..carded. ',;'-'-'-'.:,:-J"'-..--- <<:~:',":}~::};,~'~ ~.~,!~~<~.(.: ;~~':: _ : _i~r1' i', VII.,'~~:,~~lJR.LI C HEARINGS 1. Mr. Henry Votel- Special Use Permit (Mini-Storage) Mayor Sweeney opened the public hearing at 7:20 p.m. Mr. Henry V otel welcomed the new members of the Council. He stated he has been working with the City staff and Planning Commission for several months to develop a mini-storage facility in the Industrial Park. He demonstrated on a map the location in the southeast quadrant on Fairview Avenue and east of 20th. He stated the proposal includes 4 acres to accommodate several buildings, all of which are self-storage facilities. He indicated these are new buildings that would be rented to individuals and small businesses that need additional storage space. He advised that most mini-storage customers live from 5 to 8 miles of the facility. Mr. V otel indicated he has worked with the Planning Commission on plans that fit within the City ordinances. He stated the industrial area is an appropriate place for this type of facility and is permitted under City ordinance. He added the engineers have checked setbacks and sidelines for industrial use and approved. He stated all lanes within the development will be paved, and buildings will have a concrete block exterior, using decorative block. The roof will be metal standard seam. He indicated the development would have an attractive front with six-foot wrought iron fence. There will be an office, and entry will be by passcode or key guard to lift the gate. Hours of operation will be 7 am to 7 pm, Monday thru Saturday, with occasional Sunday hours depending on Page 6 of20 City of Centerville Council Meeting Minutes January 8, 2003 customer need and month end. The facility would have 4 to 5 employees. He added that with only a business office there would be no need for city water or sewer. He advised that the doors of each unit are metal roll-up, and the walls between units would be concrete, as would the outside and backside walls. He stated that from the front streetscape they would utilize colored block, with some signage and the office being visible, as well as a pylon sign and flagpole. He indicated security was addressed through the lift gate access, with laser beam security after hours, tied into the police department, and lighting that would go off with attempted after hours entry. He stated the fire department had indicated sprinklers were necessary in the industrial park, and each unit would have one. They have met with the fire Chief and discussed how to tie into the fire department, and will have an access box for them. He advised that all turns within the development accommodate semi-trailers. He indicated the buildings are non-combustible, since the walls between are metal stud, metal sheet. He stated they have had a preliminary meeting with Rice Creek Watershed District. A pond on-site accommodates the southern one-third, however they will need a storm water holding pond to accommodate the northern two-thirds. They would create a second pond to aid in evaporation. He indicated that as they move through the process \vith pjce Creek they expect that the pond size will shrink from that sh.,wn:ow. He '&ed. thc'd,rcen space requirements in the industrial park a"!'t' J 0 percc.;:.'lJowe'/er they i.;l.L',':'L.l) show 30 percent. He mentioned that the larger building has drive through unit capabilities, and noted no units face out, which aids in the containment and security of the development. He stated they have tried to comply with all ordinances on signage, landscaping, etc. and believe they have done that. Mr. Tom Keller, Mr. Votel's partner, indicated they have talked about this project for 5 years, and have looked at many sites. He indicated they have decided on Community Self-Storage for the business name, as they want to be part of the community. He indicated he used to think self-storage units were rented by lower income individuals, more transient in nature. He has found that isn't the case. As more ordinances prevent storing of motorcycles, snowmobiles, etc. in yards, there is more need for the average homeowner to use this type of facility. He feels having this close by helps clean up neighborhoods. He stressed that security is important to them, and they have worked with the police to determine surveillance camera needs and what needs to be done to keep crime out. He feels the City will be proud ofthis development. Council Member Broussard Vickers stated they are asking for a Special Use Permit, however there is a problem with the section of land in front of the road. Condemnation proceedings were started, then stopped. The land is not currently divided. She thought they could do a Special Use Permit subject to terms, adding that if the Council denies now the petitioners would have to start over with their application. Page 7 of20 City of Centerville Council Meeting Minutes January 8, 2003 City Attorney Hoeft indicated granting a Special Use Permit subject to terms is not an option. There is no problem with the plan, however if the Council were to grant a Special Use Permit conditionally, they could not use because there is no access to the property. He understands that the developer does not want to work with the City. He stated the problem with granting the permit is, if the developer comes forward with a plat, he could take the City to court, and force the City to do a condemnation they don't want to do. Council Member Broussard Vickers stated there is typically a 60-day waiver signed. She asked if this could be extended. City Attorney Hoeft indicated it could be extended to 120 days, but that may not be enough in this situation. He stated the best scenario would be to have the petitioners sign the waiver with no time period, just waive with the understanding the developer needs to get the plat done and do something with the land: In that case, once the developer comes forward, the petitioner has already gone through the process and doesn't have to go through it again. He added that the petitioner then needs to speak with the developer to resolve. Council Member Broussard Vickers stated the Planning Commission approved, but did not know the Council could not approve the plan. Mayor Sweeney stated he likes the proposal, and. believes it is something the City needs. He feels it will indeed help<clean~lp the City and would be a great addition to the Industrial Park, however he does not want 1JL~ dIe City in a position where it could be taken to court. Council Member Broussard Vickers advised that if the petitioners signed the waiver as explained it could be put on the agenda next month. If they aren't in agreement to do that the Council needs to deny. Mr. V otel asked if they would be waiving for 120 days. City Attorney Hoeft indicated they would need to waive for an unspecified period of time. He indicated the public hearing could be kept open until the next meeting. At that time if the petitioners have decided to sign the waiver they would close the public meeting, but take no action. When the issues with the developer are resolved, action could be taken without further public hearings. Mr. Votel indicated he thought the Special Use Permit was good for 12 months. He stated they are working parallel with the developer to plat the property and they are trying to work toward a Mayor June opening. There is a good deal of time investment and a detailed time frame with the manufacturer of the buildings they must adhere to. He is concerned that delaying approval will delay all of the plans. City Attorney Hoeft indicated on behalf of the City, he could not recommend that they approve at this time. Mr. V otel asked if they were entering into a ground lease simultaneously with the SUP request, if the issues would still exist. City Attorney Hoeft indicated they would, since Page 8 of20 City of Centerville Council Meeting Minutes January 8, 2003 you can not lease something that does not exist, and the piece of property they are proposing to develop does not exist. Mr. V otel indicated he appreciated the opportunity to come back before the Council and stated they were talking to the developer every day. Council Member Broussard-Vickers stated ifthey signed the waiver, they wouldn't have to come back again. Mr. Keller stated they were trying to encourage the developer to move forward, indicating they are standing by with cash. He reiterated that if the timeline was pushed too far it may not be as good of an investment for them. Mr. V otel asked what the Council recommended. City Attorney Hoeft stated they could not recommend. He reiterated that if the petitioners waived for an unspecified period of time, the request would stand by tabled. Council Member Capra stated her only issue was with the sign. She asked for clarification of the size and lighting, Mr. V otel indicated they had that question from the Planning Commission as well. It would go out mid-evening, when the facility closed. He stated it would be light sensitive so it would only be glowing during the darker hours of operation. .J,..' '1..,. Mayor Sweeney asked if it conformed to the Cityoi,cti ,ance: ~i,;Jr:Ke:ller indicated it did. {:,', I';'~"" Motion by Council Member Broussard Vickers. seconded by Council Member Capra. to continue the public hearing until the next City Council meeting. All in favor. Motion carried unanimously. VIII. UNFINISHED BUSINESS There was none. IX. NEW BUSINESS 8. Slaughter House/Butcher Shop - Mr. Noo Yang Mr. So Yang indicated he was present to represent his brother, Mr. Noo Yang. He stated Mr. Noo Yang could not be present as he is currently serving in the Army. He stated his brother desired to move forward with his request. Mayor Sweeney stated he has the information from the packet but is not aware of what discussions have taken place. City Attorney Hoeft stated that prior Council had taken no action, and had asked him to research what options the City had. He first looked at zoning for the property. He found that there'is no zone within Centerville that accommodates this request. This doesn't mean that they are precluded, just that there is currently no zone. Option one would be for the City to decide what zone they would amend or to create a new zone, which is a Page 9 of20 \ City of Centerville Council Meeting Minutes January 8, 2003 long process. Option two is to find the closest zoning match and issue a Special Use Permit. He stated the prior Council didn't know what issues were involved in the operation of a slaughterhouse, above the normal issues such as traffic, lighting, noise, etc. He stated they had asked that he prepare a moratorium for the City to study the slaughterhouse business and determine if it takes place, where it should take place. He has provided a packet addressing this. He indicated a moratorium prevents a slaughterhouse from operating until the study is completed, then the Council decides. He stated an original moratorium is twelve months, and can be extended an additional eighteen months, although he doesn't believe the issue would take 2 12 years to research. He encourages the Council to take the 12 months, noting they can decide sooner if they choose. Council Member Paar asked what the cost was to the City. City Attorney Hoeft stated they do not need to hire a consultant, so the only cost was minimal attorney time and Staff time. Council Member Capra indicated she had phoned an acquaintance in City Planning for the City of St. Paul. She suggested hiring a consultant to review and include the entire community and industrial areas. She thought the City of Lake Elmo had completed some type of study. She. added that thee _y of St. Paul does a 12-month moratorium with two 6-month extensions. Council Member Broussard Vickers recommended putting this back on the agenda for two months, and letting staff try. At that time they can let Council know how they are doing before hiring a consultant. They can tell where they are lacking and need additional help. She added there are environmental issues and other operating issues that the Council needs to learn. City Attorney Hoeft indicated most moratoriums are used for adult uses. When studies are done through a consultant, the court typically allows other cities to use them. He thought this would be the same, and if Lake Elmo has done a study, the City would not need to start over. Council Member Capra asked Mr. Vang if it was true his brother was also interested in a Community Center use. Mr. Vang stated he had suggested a dance club or something else if the slaughterhouse was not permitted. Council Member Broussard-Vickers directed staff to prepare an interim ordinance regarding a moratorium on slaughterhouselbutcher shop operations in any district within the City until further research is completed in regards to health, safety and welfare of the community and its residents. She requested that Mr. Vang be notified when this item was to again be discussed by Council. X. UPDATES 2. BuildIng Permit Fee Review (Update) - Palzer Page 10 of20 City of Centerville Council Meeting Minutes January 8, 2003 Mr. Palzer explained to Council that the state is implementing a new version of their building code. They will be asking cities to adopt their fee schedule. The new code should pass in February and the fee schedule will be presented to Council in March or April to adopt. Council Member Broussard-Vickers confirmed that Centerville would maintain their current fee schedule in the interim. City Attorney Hoeft indicated that would be appropriate given the small timeframe. Council Member Broussard-Vickers asked if they would need to have an ordinance change. Mr. Palzer indicated they would try to do a five-year plan to avoid having ordinance changes frequently. Council Member Capra explained that last year the Council had agreed to a 25 percent increase to try to ease the transition to the new fee schedule. Mr. Palzer indicated the City was using the 1997 code and determined the new fees would be approximately 40 percent higher. The 25 percent increase was meant as a step increase to reach the new fees. Council Member Capra ind icateUJhat the. Dity received complaints after implementing this increase that they were higherthai1'sttrlotmding cities. The Council asked for a study to make sure they were average. Mayor Sweeney asked if they could receive a breakdown of each fee. Council Member Capra indicated that was available. Council Member Broussard-Vickers asked if a public hearing was necessary at the time of adoption. Ms. Moore-Sykes indicated it is. IX. NEW BUSINESS (cont.) 4. Resolution #03-004 - Transfer of Funds related to the City Hall Debt Service Payment. Ms. Ellen Paulseth, Finance Director, explained the annual transfer of funds related to the City Hall Debt Service Payment. She indicated the payment amount was $59,034.81 and is the final payment. Motion by Council Member Capra, seconded by Council Member Broussard Vickers to approval Resolution #03-004 Transfer of Funds Related to the City Hall Debt Service Payment in the amount of $59,034.81. All in favor. Motion carried unanimously. 3. Resolution #03-003 - Authorizing Mayor's Signature on Cafeteria Plan Documentation Page 11 of20 City of Centerville Council Meeting Minutes January 8, 2003 Ms. Paulseth explained that this was in place, but needs to be signed. She explained that the cafeteria plan gives City employees more options with their benefits. Council Member Broussard-Vickers asked if City Attorney Hoeft had reviewed. Mr. Hoeft stated his office had. Motion by Council Member Broussard Vickers. seconded by Council Member Paar to approve Resolution #03-003 Authorizin2: Mayor's Si2:nature on Cafeteria Plan Documentation. All in favor. Motion carried unanimously, 7. ABDO, Eick & Meyers - 2002 Audit Council Member Capra asked about information the former Council had requested concerning alternative audit firms. Ms. Paulseth stated that she and Ms. Moore-Sykes had done some research on alternatives but felt it was a little late in the year to make a change. She has been working with Eick & Meyer for quite some time and would hate to change this .year. GivGusL'-:,wgfthe concerns oflast year that are still being resolved she would lik, to get :tlllQughchis.giving the new Council a chance to work with the. finn. Council Member Capra explained they had many problems with the firm..in the past. Mayor Sweeney stated the information he has says they'd give feedback if they found something but were not looking for problems. Council Member Broussard-Vickers indicated the previous Council felt they gave a qualified opinion. Mr. Paulseth stated she felt they didn't have a choice. She indicated she was comfortable with the firm, however she wouldn't have a problem switching, just not this late in the game. Mayor Sweeney agreed that he doesn't feel comfortable recommending a change now. Ms. Moore-Sykes stated that if after this year Council doesn't feel they are appropriate or adequate the research is there to move forward with bids. Ms. Paulseth added that they have not yet resolved the TIF issue and to release the company now would not be in the best interest of the City. 2. Resolution #03-001 ~ Appointments - Commission/Committees & Council Mayor Sweeney stated the Acting Mayor was typically the Senior Council Person, which in this case is Council Member Broussard Vickers. His recommendation is that she be named Acting Mayor. Centerville Centennial Fire District Steering Committee Members - Council Member Capra and Council Member Tom Lee. Page 12 of20 City of Centerville Council Meeting Minutes January 8, 2003 Check Signing Authority - (Acting Mayor) Council Member Broussard Vickers. North Metro Telecommunications Commission Representative - Council Member Capra. Alternative - Council Member Broussard Vickers. Tri-City Police Department Commissioners - Mayor Sweeney Economic Development Committee Council Member Broussard Vickers asked that two committee members who have not attended regularly be removed from this committee. She indicated they have had trouble reaching a quorum because of poor attendance. Council Member Capra stated she was opposed to that. She indicated she has a problem with the way some members have conducted themselves in the community, stating specific examples. She would like to have a letter sent to all committee members expressing that if they are going to make comments to the public they need to clarify they are personal comments and not those ofthe Committee or Council. Council Member Broussard-Vickers agreed, but indicated the two she requested be removed had rcceivFX1-1etterSJ.and have not responded. Council Member Capra said. she had seen only one leG\~','.nO'ttwo; Council Member Broussard-Vickers indicated without removing both meniberslhM~(}[i.rmittee stands the potential of not having a quorum again this year. Mayor Sweeney agreed. c.. 4 d Council Member Broussard-Vickers stated the letter will need to be very clear that they need to separate their personal opinions from the Committee or Commissions position. Economic Development Committee Council Member Liaison - Council Member Jeff Paar. Ms. Moore-Sykes indicated that Suzanne Seely should be added to the Parks and Recreation Committee roster. Parks and Recreation Committee Council Member Liaison - Council Member Tom Lee. Ms. Moore-Sykes noted that Planning and Zoning Commission Member Mary Jo Helmbrecht has resigned. Planning and Zoning Commission Council Member Liaison - Council Member Broussard-Vickers. Mayor Sweeney read the Staff/Contracted Services appointments as presented. Council Member Broussard Vickers asked if Ms. Laura Powers had been consulted about her appointment as Health Officer. Council Member Lee stated he is aware she is having Page 13 of20 City of Centerville Council Meeting Minutes January 8, 2003 health issues and should be consulted. It was decided she would be appointed, then contacted to determine if she chooses to continue in this capacity. Council Member Capra asked if the web site could be added to the week in review. Ms. Moore-Sykes stated it could. It was noted that City Attorney needed to be added to the Contracted Services list. Mr. Palzer noted that the Mayor needs to assign a building official by law. Mayor Sweeney appointed Mr. Palzer as building official. Motion bv Council Member Paar, seconded by Council Member Lee to accept the Appointments with additions and amendments as discussed. All in favor. Motion carried. Council Member Lee asked why there was not a Resolution #03-002 on the agenda. The City Clerk indicated 002 was reserved for fees. Motion bv Council Member Capra, seconded bv CounciL. Member Broussard .\Vickers to direct staff to draft a letter to be sent t2.....1111 'lmmittee members ,;concernin2 their representation to the pubUc, includiI!JU1~:~t.s_c.mmittee names should not be put on personal presentations. All ayes. Motim.l,C2ill'wd. 5. Timesaver's Off Site Secretarial Service Agreement - 2003 Council Member Broussard-Vickers asked if the City Attorney had reviewed the agreement. City Attorney Hoeft indicated he had briefly reviewed. Council Member Broussard-Vickers noted there was a 3 percent increase over last year. She commented on the wonderful service provided by Timesaver's throughout the year. Motion by Council Member Broussard Vickers. seconded bv Council Member Capra to approve the TimeSaver's Off Site Secretarial Service A2reement for 2003. All aves. Motion carried. 6. Anoka County Residential Recycling Program Agreement - 2003 Motion by Council Member Lee, second by Council Member Paar to accept the Anoka County Residential Recvclin2 Pr02ram A2reement for 2003 as presented. All ayes. Motion carried unanimously. 9. Resolution #03-006 - Amending Res. #02-060 - Vacation of Goiffon Road This resolution is to clarify the language of the previous resolution. It was the intent of Council to vacate a small section of the road, while the previous resolution vacated the entire road. Page 14 of20 City of Centerville Council Meeting Minutes January 8, 2003 Motion bv Council Member Capra. seconded bv Council Member Paar to approve Resolution #03-006 Amending Resolution #02-060 clarifving the portion of Goiffon Road to be vacated. All aves. Motion carried unanimously. 10. Parks and Recreation Request Council Member Broussard-Vickers indicated she had asked Mr. Palzer to make a list of the top items that needed to be done from the maintenance budget so the Park and Recreation Committee could plan their budget. She is bringing this before the Council because she is asking for staff time to accomplish this. Mayor Sweeney stated that when he was previously on Council they worked to get funds for the parks. He knows the park department struggles with getting land because they don't have money from the City. He would like to direct staff to look at the budget and provide information to the Council on providing money to the Park and Recreation Committee. He stated they previously gave them $50,000 to be put in an enterprise fund. Council Member Broussard-Vickers stated the Council could not authorize the 0iommittee to spend money. She stated last year was uniqnc, ano! 5.he'd>!ike to look at 'l1~~vjng TIF resolved first. Council Member Lee agreed. . Council Member Capra indicated the City had spent $100,000 on Lamont Park the previous year. Mayor Sweeney stated that was mainly electrical work and a trail. Council Member Capra stated it was still park.wt'1Iit. ~ ~ Council Member Broussard-Vickers asked that Mr. Palzer put together the information for the next Council meeting or the following at the latest. Mayor Sweeney stated they would need to have something done and decisions made by February or it would be too late for this year's budget. He stated if a workshop was necessary for the budget he would agree. Council Member Capra asked if a work session should be scheduled for January 29th. Mayor Sweeney indicated he didn't want to schedule any work sessions now. Council Member Broussard-Vickers stated that half the budget could be done in February and half in March. x. UPDATES (cont.) 1. Capital Proiects (Update) City Attorney Hoeft indicated they have serviced everyone, some have been granted extensions and others have responded. He stated meetings have been set-up to determine where the disagreement is on numbers. He added everyone has been civil. Page 15 of20 City ofCenterville Council Meeting Minutes January 8, 2003 4. Pay Equity Report - Compensation Study Ms. Moore-Sykes indicated the report has been completed, and a copy will be included in the Council packet for next meeting. She indicated that she and Ms. Paulseth feel the City will be found out of compliance for staff She explained that this report is submitted to the state every three years, giving a snapshot on 12/31. She stated the reason for the non-compliance is that most unionized employees are male while non-unionized are female, and there is still a difference in how they are being treated. She added that there is still time to get into compliance. Council Member Lee asked what the ramification was for being found out of compliance. Ms. Moore-Sykes stated the City could be fined. She added that it is not unusual to be found out of compliance, the important thing is taking steps to become in compliance. 3. Pending Issues Mayor Sweeney stated he would like City staff to look at the pay structure for the City Council. He would like to see an extra amount granted for workshops. He stated he was involved in installing the current pay strupture when he was previously on Council and feels it is time to . Council Member Broussard- Vickers.aske.ddfthecurrent structure could be compared to other cities, then have Council review. Ms. Moore-Sykes stated there are several comparison studies she can consult. Council Member Capra indicated a resident from Eagle Pass had come in a few days ago distraught about a situation at a building site. She stated she went with him to the site, then returned to City Hall and brought Mr. Palzer back with them to look at the situation, which involved debris on the street. They resolved to contact the developer and give him 24 hours to clean up the area. Mr. Palzer added that as of noon it had not been cleaned. Council Member Capra recommended another call be made to the developer. Council MemberBroussard-Vickers felt a stronger position should be taken. City Attorney Hoeft indicated the City has the authority to have someone corne out and bill the developer. Motion by Council Member Broussard Vickers, seconded by Council Member Capra to direct staff to have area in question cleaned and billed to developer due to his lack of response. All aves. Motion carried unanimously. Mayor Sweeney indicated he had spoken with Ms. Moore-Sykes about the structure of management. He stated that currently the Council has the authority to hire or fire. He wants to change that so the Council acts more as a Board of Directors and works through Ms. Moore-Sykes, who would handle staff situations. Page 16 of20 City of Centerville Council Meeting Minutes January 8, 2003 Council Member Capra indicated the Mayor is suggesting Centerville have a City Manager, rather than City Administrator. Mayor Sweeney indicated he was not, just proposing a different structure. Council Member Capra stated not even Lino Lakes, which is much larger than Centerville, has a City Manager. Mayor Sweeney stated he was not concerned with how Lino Lakes operated, but he desired this change to be on a referendum to be voted on by the residents. Council Member Broussard Vickers asked if more information on the type of structure being proposed was available. Ms. Moore-Sykes concurred. Council Member Lee stated that he does not see the need for this change since everyone is a grown-up and should be able to take criticism. Mayor Sweeney stated he desired to review a City Manager form of government. Council Member Capra stated it would take an enormous amount of power away from the City Council and would create a position of City Manager that would be paid more than the current City Administrator's position. .,rx. NEW BUSINESS (cont.) 1. Discuss Goals and Objectives Ms. Moore-Sykes indicated the staff had put together their thoughts on strategic planning and goal setting. Mayor Sweeney advised he is not looking for lengthy discussion at this time, just Council's thoughts. Mayor Sweeney indicated his thoughts for the main issues the Council should focus on are: · Water tower - during summer use it is sometimes emptied 10 times a day . Road issues, road repair · County Road 14 plan, ensuring it progresses with Centerville's interests in mind. · Drainage ponds (Mf. Palzer has been working on the water plan. All have been surveyed and the plan is almost ready to be adopted.) · Culverts (This relates to the road issues as well. Some have been redone many times.) · State budget cuts (It was noted state aid for 2003 will be $5,000, versus the $9,000 received in 2002.) . Parks · Building design plans for new commercial buildings Council Member Capra indicated she had attended a workshop with Ms. Moore-Sykes addressing renovation of different districts. She felt it was very beneficial and is anxious to share what they learned. Page 17 of20 City of Centerville Council Meeting Minutes January 8, 2003 She asked how far along the meter reading project was. Ms. Moore-Sykes states training has taken place. Mr. Palzer indicated there are at least five on-line, more will be added soon. Council Member Capra stated she liked the list staff had put together, and added additional areas of focus should be: · Street issues - this had been important for the previous Council. Council Member Capra indicated they had wanted to do a street repair fund much like the water tower fund. She stated the County Road 14 plans for 2006 would require some Centerville funds. Council Member Broussard-Vickers stated that may not take place in 2006. Council Member Capra stated that she has been told MN-DOT will be more accommodating if a City has a plan rather than those cities that just say they do not want t9 be inY91Vf~cL -h::> ~ r~ · A fourpagenewsletL,,;.r to residents. · Look at a fo.lding<rrnchine for utility bills, which are currently handled by; , staff. Would saVeO'rl man-hours. Council Member Lee stated his areas of focus would be: · County Road 14 - City needs to have a plan. . Water tower Council Member Capra stated Centerville had an agreement with Lino Lakes to build a new water tower by 2005 or 2006. Mr. Palzer stated that along with the water tower they would need to redevelop or re-drill a new well. Council Member Capra stated that the city purchased the current water tower used and there may be another opportunity to do. . Parks and Recreation Council Member Lee stated he feels the need for a community center is great. The children in the community are getting older and they need guidance. He added that growing up the community center in his area was the safe haven, where everyone could play constructively. He indicated it is very cost effective when you consider police hours and bored teenagers. He thought the Lion's had money available. . Dredging ponds .. Trail completions, finishing the loop Page 18 of20 City of Centerville Council Meeting Minutes January 8, 2003 Council Member Capra stated that Mr. LaBlanc had spoken with Father Fitzgerald and he had suggested running the trail by the lake. Council Member Paar stated that his areas of focus would be: . Water tower . County Road 14 . Dredging ponds . Community Center . Anchor Business Council Member Paar stated that he has a two-year old son and they frequently use the Shoreview Community Center. It has a pool, racquetball facilities, meeting rooms, etc. and he feels the City could benefit greatly from a similar facility. He thought the City could also benefit from an anchor store such as Cub or Econofoods, adding additional conveniences such as a pharmacy. He stated that being seen from 35 would be beneficial and the County Road 14 project would help. He feels the area needs this type of retail development rather than having everyone go to Forest Lake. He felt this would tie in smoothly with a Community Center and help the tax base. He stated he was glad he had been named liaison \vith lhe;'f~DC sc'he 'can help facilitate some of these things. Mayor Sweeney stated this would'happen when the EDC was holding more consistent meetings. He noted Lino Lakes has the freeway comer and they may need to work with them. Ms. Moore-Sykes stated that 21st Avenue is on the goal list for next year. Council Member Capra stated that when she spoke with Mr. Fisher of Anoka County, he stated that even though County Road 14 is a large project, 20th Avenue redevelopment is larger. She added Columbus Township is doing massive expansion and stated 21st Avenue is not on the books yet. Council Member Lee asked if an update on the historic area could be included on the next agenda. Council Member Capra stated that they had received approval to send an additional letter to 25 people asking for information. She indicated that they have a postcard to send back, and could track to do follow up with those that don't respond. She stated they have the ability to define the area and have contributors and non-contributors within the defined area. Non-contributors wouldn't have to comply with all of the restrictions of the area. She stated they are concerned with the health and welfare of the citizens, noting some homeowners, even if they received market value, would have a hard time finding another home in Centerville. Ms. Moore-Sykes i~dicated she would provide the Top 10 goals at the next meeting for the Council to rate. Page 19 of20 City of Centerville Council Meeting Minutes January 8, 2003 Council Member Paar indicated he may not be present at the next meeting due to a pending vacation. Next meeting scheduled for January 22,2003. XI. ADJOURNMENT Motion by Council Member Lee, seconded by Council Member Paar to adiourn the January 8, 2003 City Council Meetin2 at 10:00 p.m. All in favor. Motion carried unanimously. Transcribed by: Karen Whaley, Recording Secretary TimeSaver Off Site Secretarial, Inc. Page 20 of20 Minutes Correction 12-19-02 Page 14 of 15 third paragraph up from the bottom. Council Member Travis indicated he did an evaluation form but did not know he was to turn it in. He then said that these three people (Nelson, Swedberg and Capra) are the biggest asset that the city has right now and probable the hardest three people in the city to please. He said he didn't know that it is necessarily criticism as much as this is the way these council members do it. He said these three maybe perfectionists, but he is not. He said he sees council member Broussard-Vickers as being a realist and hope that keeps Ms. Moore-Sykes moving forward. He said he believes Ms. Moore-Sykes is doing a very good job. He further commented that he looks forward to working with Ms. Moore- Sykes in the future. ~ f flA4d ~ ~ ~ ~ if I<JC0 prtrtpw?u' - City of Centerville Council Meeting Minutes December 19, 2002 Council Member Nelson indicated that she does not feel that Ms. Moore-Sykes is using her gifts to the greatest capacity so she is happy that the resolution passed to approve the new organization. She then said that it is her goal in both of the reviews to try and evaluate from what she sees and try to evaluate what can be done for the best of the City Administrator and the City. Council Member Nelson said she never thought in her mind of any terminating but of what could be done to make this work better. Council Member Capra indicated she had provided an evaluation form and she is a little upset that it left the office as it is supposed to stay at the office. She then said that her main issue is follow up or follow through because she feels the City Administrator is ultimately responsible and needs to make sure that Council directives take place. Council Member Capra asked for an answer or solution for the follow through issue as she did not feel the response read addressed it. Council Member Capra commented that there are errors with posting and indicated that if she had not called to remind the City Clerk to post a recent meeting that it would not have been done. Ms. Moore-Sykes indicated the City Clerk posted the referred posting on Monday, which was within the three-day timeframe. Motion bv Council Member Capra, seconded bv Council Member Travis to approve a two percent (2%) step increase retroactive to October with a review date set for three months. Council Member Travis indicated he did an evaluation form but did not know he was to turn it in. He then said that the three people on Council are an asset to the community, but are the hardest people to please and Ms. Moore-Sykes has done a very good job. He further commented that he looks forward to working with Ms. Moore-Sykes in the future. Council Member Broussard Vickers reiterated her comments from the last evaluation and said she feels Ms. Moore-Sykes has done an outstanding job this last year and, if she had to guess, she would say it was the toughest year as an employee anywhere due to the number of things confronting the City and the seriousness of the issues. She then said she is not as concerned with follow up based on the numerous items being thrown at the City Administrator because she feels the City Administrator will prioritize the items and they will get done in time. Council Member Broussard Vickers indicated she is extremely happy with the choice made a year ago to hire Ms. Moore-Sykes and does not feel anyone could have done a better job assisting the City with the many issues over the last year. She further commented that she feels Ms. Moore-Sykes deserves the full step increase at this time and sees no reason to wait for three months and withhold the other two percent (2%). Page 14 of 15 .< .'" 'tervi{{e 'Esta/J[ished'1857 STAFF REPORT DATE: January 22,2003 TO: Honorable Mayor and City Council Kim Moore-Sykes, City Administrator ~ FROM: RE: Council- Manager Form of Government ............................................................................ BACKGROUND Attached to this memo are various pieces of information that I got from the ICMA (International City/County Managers Association) website regarding the council- manager form of local government, ICMA is an organization that promotes municipal and county government and of which many local governments are members and is listed as a link at the League of Minnesota Cities website, Also included is statutory information that Councilmember Capra found regarding the various governing plans available to communities in Minnesota and how they can be adopted. Other information that she includes also suggests that fewer cities in Minnesota have council- manager (plan B in Minnesota) form of government but as she also notes, Home Rule Charter cities have adopted the Plan B local government structure as welL In searching the League of Minnesota Cities web site, I found additional information that compares both positions of city administrator and city manager. In the LMC' s Handbook on City Administration, (the city administrator and city manager portions are copied and attached for your information). As you will read, the duties of both positions are basically the same, with the exception that the city manager has the responsibility to hire and fire staff, and the powers of the city council, again with the exception of hiring and firing personnel, remains in tact. Page 19 of the Handbook states, "The city administrator position is not required, nor even mentioned in [the] state statute.", whereas, the Minnesota Statutes are quite descriptive of what the responsibilities are for city managers (pages 23 and 24). The Handbook goes on to state that the council- manager form oflocal governance was established in the early 1900's (page 23). In the attached article from City/County Management magazine, the exact date and city given: "In 1908, Staunton, VA, became the first U.S, city to institute City Manager position." You will also note that the information indicates that to change to council - manager government occasionally requires only the adoption of a resolution or ordinance. In Minnesota, that is not the case. As you will read in the statutes that Councilmember ., Capra provided, this que$tion is required to be placed on the ballot for voter consideration. This means that realistically, the soonest this matter could be decided would be in two years at the next election. ~ CITY/COUNTY MANAGEMENT 'May I speak with the manager ?' Councils, commissions, citizens and neighboring communities place diverse demands on city and county managers, redefining the administrator's role. By Beth Wade, Managing Editor r.,' n 1908, Staunton, Va., became tbe first u.s. city to institute the City . Manager position. By ordinance, the manager was charged with over- seeing the day-to-day business of the city, preparing and administering the budget, and managing personnel. In those respects, the job remains the same; today's city and county lnanagers are their communities' chief executives, they are responsible for local budgets, and they retain the power to hire and fire personnel. However, 90 years of change have redefined the manager's role in ways that many had not envisioned 10 or 20 years ago. "In the past, local government was in the business of building infrastruc- ture to serve a booming industrialized country, and managers were chief administrative officers who ensured that the job was completed," states a 1995 report from the International City/County Management Associa- tion, Washington, D.C. "There were more resources and fewer demands; ... there were fewer federal and state mandates sapping local resources. Roles were more sharply defined throughout society, and, in local gov- ernment, the council and the manager 'knew their places.'" Today, local govemment managers retain their administrative duties, but their jobs have moved beyond that "traditional" role. Populations are changing, economic bases are shifting, infrastructure is aging, and there is a modern emphasis on environment and quality oflife. hl an effort to keep up with and stay ahead of the changes, city and county managers not only are administering policy and budgets, they are expanding their roles in policy-making and reshaping internal and external relationships. EXTERNAL EXPERTISE City and county managers increas- ingly are asked to cross boundaries that once separated them from coun- cils, commissions and neighboring communities. "Managers are becom- ing more involved in policy develop- ment than they were in earlier years," says Bruce Romer, chief administra- Originally published in American City & County, October 1998. Reprinted with permission of American City & County publishers. J t".1 ]" J 0 7~,J t. 1'" ,J ., / iJn(ij rrrYSiCJ!JJ .J:)rf#]Jga~i{Cai.l .... [) /jJ:fJ:i{;8 Pl)#CY lEC:0J771!ltJU:;(j'jCJ,a;tJ01J$ . J",.!I",,,." t j., ...1:1' . , ....,.4.'. . , , 1!J!1 iluuUiJ.I0n '0 j j9]"'1'!J'JJT'JrgtnflSufflJ!rJ!lstlS'!!J"JiF: T:aQUJil'FJ9:nSn!S. - BnJ(c:e R,OirrrH;;t Ii '-..; ~" ...,.;'~-~,. ;'1'<"",> tive officer for Montgomery County, Md. Romer began his public serv- - ice career 32 years ago and has served as city manager for Rockville, Md.; Davenport, Iowa; Sidney, Ohio; and Brighton, Mich. "Traditionally, there was always a dividing line between policy and administration; the elected officials did all the policy work, and the appointed administrator did all the administration, and you'd better not cross that line," Romer says. "That's changed. I find myself being expected to make policy recommendations in addition to handling the administra- tive requirements." ,.: Ji........ jr ~\. . . -. -':-, ." . '''... . ..... ..... '!~c; '~ ,":-, " . , c' .? "I think many managers were involved in policy (in the past), but, in the last 20 years, it's become fully legitimate," says Norman King, execu- tive director for the San Bernardino (Calif.) Associated Governments and former city manager for the California cities of Claremont, Palm Springs and Moreno Valley. "Council members likely come from different back- grounds - business or homemaking or whatever - and the manager has the ability to layout different options and articulate, the pros and cons of various positions. Obviously, that will involve making a recommendation." In addition to becoming recognized partners in policy-making, managers are working to engage citizen involve- ment in planning and problem- CITY/Cm NT'r MAN.\G'\IENT solving. "The manager's role has evolved into [one of] consensus build- ing," King says. "He spends a lot of time dealing with council members, commissioners, businessmen, commu- nity associations and neighborhood associations. It is much more of an external role than used to be the " case. That certainly is true in Fairfax County, Va., where County Executive Robert O'Neill recently spent a day meeting with various community groups. At one gathering, he met with neighborhood residents to discuss a revitalization plan; at another, he met with a group of not-far-profit entities and county agencies to discuss a set of progralns focusing on health care for children from low~income families; GoverI11Tlents<..gain.by ..retairting......risk\manage:rs T.oday, every doUaLa public entity pays for insurance buys far more coverage than it did just a few years ago. In such an environment, some county and city man~ agersmay question the nee:J mretain a risk manager on staff. After all, they reason, a risk manager's key responsi- bility is to review bids and buy insurance, which is not a difficult task whenpricesare low. In fact, risk managers. bear responSibilities beyond bid review and selection. Recognizing that insurnnce premi- ums represent onlya portion of a public entity's cost of risk, many local governments. are. emphasizing claims management and loss prevention.. Risk managers are ele- mental to the success of those.' efforts because, managed effectively, risk management programs can save more money than they cost. For most communities, those savings can be quite sub- stantial. For example: · In Anaheim, Calif., Risk Manager Thomas Vance created and implemented al.s~point, citywide "safety action plan" that reduced the city's disabling injury rate by 76 percent and cut temporary disability pay costs by 61 percent over a 13-year period; · In Orem, Urah, Risk Manager Sue Stewart institut- ed loss control and risk management programs that resulted in a nearly 50 percent reduction in workers' compensation costs over a six-year period; and · In St. Paul, Minn., Risk and Employee Benefits Manager Ron Guilfoile negotiated contribution caps on 28 October 1998 retiree benefits, retlucing the' city's unfunded liabilitieS' by 65 percent. Aldloughriskmanagement often. isassoeiatedwith medical.risks,Iocalgovemments face a growingmJmber of potentially costly risks outside the health arena. Fa; example, there are risks related to government deregula- tion and devolution,. environmental. regulations, pension plans andthehurgeoning field of employmentpr.1ctices claims litigation. As the field .. of public. risk has .evolved,<so..hav~the re>>1Jorusibilities of the risk manager. Todays risk manager. not only has to assess the types of riskand theirP<'tential effect on local entities, but he . also must have a sophisti- cated knowledge of risk financing. He must understand portfolio management, loss portfolio transfer and finite risk insurance, and he must combine the coverage and funding alternatives.to best conserve the public entity's limited revenues. Local governments seeking to curtail or eliminate risk managers because of a soft insurance market are over- looking the benefits of aggressively pursuing risk man- agement programs. A risk manager offers the expertise and leadership to take full advantage of loss prevention methods, claims management and financing vehicles. * This article was written b-y Steve Haynes, a director af pub-lic risk management for Coregis Insurance, ChicagO'. He alsO' is a former risk manager for Lewisville , Texas. AMERICAN CITY & COUNTY and, finally, he met with law enforce- ment and school representatives to discuss school security. "When I first got in this business, the chief administrative officer dealt more with the technical skills that he brought to the job, whether they be finance or engineering or whatever the background that he might have had," says O'Neill, who was city man- ager for Hampton, Va., for 13 years prior to becoming county executive last year. "The major transformation that I've seen is that the role of the county executive has become more that of a broker." "We opemte in a competitive envi- ronment," says Frank Benest, city manager for Brea, Calif., and former city manager for Colton, Calif. "We compete with other communities for resident.s, businesses, visitors, service users, discretionary income, attention and political support. We compete for everything. To be successful, you have to be very conscious of your cus- tomers, how you're involving them and what you're doing to make sure they support you." NAVIGATING NEW BOUNDARIES Although the role of Manager as Broker takes many managers outside the government organization, it has equal importance internally, Renest notes. "It's expected that the city manager is a strong leader," he says. "That's externally, in terms of other governmental agencies and in engag- ing citizens and business people, and internally, in terms of staff and departments." More than ever, manager's offices are being tapped to coordinate inter- departmental projects. "Most cities are organized as silos, with the police department doing its thing; develop- ment services doing its thing; and so forth," Benest says. "But the big issues of the day cut across the silos." For example, he notes that recre- ation and community services devart- ments are working more closely to provide "a more human service- oriented approach to recreation - Tlis :fl./"\.j<;;) f,b,fi:h;.;r J1 IJJL)::{;'IJ IIJq;) J<.:: AMERICAN CITY & COUNTY CTT1/COPNTY M~NAGEMENT Labor guide is available Public officials with questions about the minimum wage, overtime com- pensation, child labor and other employment issues can find answers in "1998 Fair Labor St.andards Act; A Public Sector Compliance ('JUide."Pub- lished by Los Angeles-based law firm Liebert, Cassidy & Frierson, the manual trclIllilates statutory and legal terminology into layman's terms; illustrates how to apply laws and regulations; cites up-to-date court decisions and Depart- ment of Labor administrative letter tulings and regulations; includes sample policies and forms; and more. The cost is $95 each for two guides and $85 each for three or more. For more information, contact Jay Dover at 310-645-6492. -t.r not just balls and bats anymore." Police departments are moving from strict enforcement to community- oriented policing; and development services and community development department$ are muulally involved in neighborhood revitalization. "You have to find ways of having different departments work in a collaborative fashion," he says. In addition to coordinating their own departments, managers also are building relationships that allow their local governments to extend their services to other localities and to enlist help in delivery. For example, Fairfax County recently began work- ing with not-far-profit groups to meet the service demands of a growing and increasingly diverse population. (The county's population is 940,000, and, as the general purpose local govern- ment, Fairfax County radler tllan dle cities within its borders is responsible for providing all public services except transportation. ) "We've had huge immigration into tile county from tile Far East, SOUdl America, Eastern Europe and the Middle East," O'Neill says, noting that more than 100 languages are spo- ken in the county's school system. "We need to have enormous language capabilities in our service delivery component, and we've got to under- stand not only the language issues but, in many cases, the cultural differ- ences," he explains. "lAs a result], we have to do more in teams, and we ~ ..()l);f9 flftJfj L;,J,.::i:.tJ .(,D have to do it in pMtnerships with not-far-profit groups that may have more knowledge about the cultural basis for many of these communities." The chief executive can have a sig- nificant impact on how smootbly local government departments adjust to changing demands, O'Neill says. He estimates that he spends as much time building consensus internally as he does externally. "I try to create an environment where we can change our organization and be responsive to what the new reality is," he says. "That means work- ing with employees and explaining the changing dynamics, helping them understand how tllose will affect dlem and engaging them to have some influence on that." THE ESSENTIAL MANAGER City and county managers come in a variety of packages, including Administrator, Executive, Director, General Manager, Community Man- ager and Executive Secretary. Regard- less of dleir titles, however, tile skills needed to succeed are the same. "The ideal manager would be some- one who is respected by his or her employees and can deal well in the political realm of the city council and community leaders," King says. "That's a hard thing to gauge, but, if you could ~'.>'; i)\1),i"},',:).-;),j"7c-3,1;, /,$ ,.. '~"~~.;'.l~.,...,.,(.....j..t.:...-..:....,.',,"..:,..:.:......t....'.........._.~.~.......~.............".r ,- -', >""'," -. -'~ .."...co..... ,- \ I ;;/;~ J.t)-;:;} ';":;./J"~:J '/' iiJ!fJg October 1998 29 8ITY!GObNH MANAGEMENT Charlotte adapts the 'Balanced Scorecard' For more than 25 years, Charlotte, N.C., measured government efficiency and effectiveness by setting objectives and tracking performance against them. Although the method served the city well, it focused pri- marily on the past. Therefore, the dty began searching for a performance measurement system that emphasized strategic planning for the future. In the early '90s the city manager researched the "Bal- anced Scorecard," a concept introduced in the private sector by Robert Kaplan, the Marvin Bower Professor of Leadership Development at Harvard Business School, Cambridge, Mass., and David Norton, president of Renaissance Worldwide, a Newton, Mass.-based business and technology consulting firm. Charlotte adapted the model to apply to the public sector, becoming the first U.S. city to do so. service delivered. (Routine services, such as side- walk installation, garbage pickup or fire suppression, are better addressed on a department or division score- card.) Instead, the scorecard reflects the processes that must improve in order for the council to meet its strate- gic goals. "A Balanced Scorecard provides substantial focus, motivation and accountability in government... ," Kaplan says. "The scorecard ... communicates to external constituents and internal employees the outcomes and performance drivers by which the organization will achieve its mission and strategic objectives." In late 1996, after Charlotte's council had established the city's "corporate" scorecard, the process was repeated by the planning, transportation, engineering and proper- ty management, and police departments. Department- Charlotte's Corporate Scorecard Customer Reduce Increase Screngthen Improve Provide Maintain Promote perspective crime perception neighborhoods service safe, competitive economic of safety qualilY convenient tax: rales opporllUlily transportation Financial Maximize Expand Grow the Maintain accountability Benefit/cost non-city funding tax base AAA rating perspective Internal Increase Promote Secure funding! Improve Streamline Increase Promote process positive community- service partners productivity customer infrastructure business perspective contacts based problem interactions capacity mix solving Learning and Enhance Close rIle Achieve positive growth knowledge skills gap employee climate perspective management capabilities The Balanced Scorecard promotes the establishment of tangible objectives and measures that relate to an organization's mission, vision and strategy. It focuses on four critical success indicators; customer service, finan- cial accountability, internal work efficiencies, and learn- ing and growth. Priorities are set within the major cate- gories, first at the corporate level and dlen at division, department, team and even individual levels. In 1990, Charlotte City Council chose five areas - community safety, transportation, economic develop- ment, neighborhoods and restructuring government - on which to focus its strategic plan. Those priorities were later modeled (see the accompanying tabie), represent- ing the "corporate" level of the dty's scorecard. The Balanced Scorecard emphasizes strategic process- es over routine processes. In Charlotte, the council's scorecard does not and cannot include every important 32 October 1998 level objectives were matched with council-Ievelobjec- tives to ensure dlat the city would achieve its highest priori ti es. Today, all of the city's departments have scorecards, but it will take three years before the measurement sys- tem becomes a routine part of the city's business. The concept of having only a few performance indicators has been trouble~ome since previously there were unlimited measures. However, with the council's support and the participation of the departments, the city has been able to clarify its critical objectives, identify the processes necessary to meet them and produce a concise model to assist officials in tracking the city's progre,>s. * This article was wriuen by Charloue City Manager Pamela Syfert and Budget Analysts Nancy Elliott and Lisa Schumacher . AMER1CAN CITY & COUNTY Jltl:O~$:t r'''J''''J'''.';;}''~''''i' '" rY~rF"Crlj''''''?::l;?4 J'Jui!""}i~l..j.}..')',"~"" \/0";'1' h';'},'J;::;;.,.,,1.'j;t'l1'j' ,i.,\'l"I)\/,:~ ~,'.J.' u;,;,.,....];J!j;J;; J.;j~';;;J;j;,"'....\U ".J1i,~....,.;..!,;I"",~ JJ ;J.J J~J".JJ';" :a.V J;j!J.Jl\"; ...I.';/,r:;./,~ h:a'Y']Jygdffff:e:r:e.nt t](a.p,a:rtmilJ,rl:$J/YOffk Ct;)jj:abora;tj!jf::JJy, - iFran]r BeffJ:e:S:J (gauge it), hiring a manager would be as simple as that. You could hire a suc- cessful manager every time." In the absence of such a gauge, existing managers point to some essential skills, noting that local gov- ernment managers should be able to: · communicate with people; · build a trusting relationship with the cOlmcil or commission; · recognize how political issues can affect decisions and maintain impartiality; · engage citizens to ensure support for the city; · market the community; · negotiate and build consensus; · have a sense of The Big Picture, understanding that progress can be made only incrementally; and · assist in developing the resources for each increment. "The skills around facilitation are going to be increasingly important," AMERICAN CITY & COUNTY O'Neill predicrs. In fact, because man- agers are involved in that role, some cities and counties are hiring assistant managers to oversee operations. That is the case in Brea, where the assistant city manager serves as a chief operations officer, handling budget, labor relations and day-to-day busi- ness. "The city wanted a strong exter- nalleader," Benest says. "[Having an assistant city manager] allows me to be very involved in the development and redevelopment issues, as well as in some regional governance and other external issues." In addition to representing their communities across internal and external boundaries, future local man- agers will need to devote increased attention to employee relations, Romer says. "There is an intensified need for personnel management train- ing," he explains. "Case law in [Amer- icans With Disabilities] issues, sexual harassment, and age and gender dis- crimination have forced us all to be more aware of constraints that are on us as managers. It's [opened up] a whole area that we as managers need to be very good at." Additionally, although technology demands will continue to grow, King notes that technological training is not a requirement for good manage- ment. "It's not very important for the manager to have technology experi- ence, but he has to have some ability to understand what applications might be of assistance and to hire peo- ple who can deal with it," he says. · A PRETTY GOOD DEAL' As city and county managers juggle the demands of citizens, councils, commissions and neighboring corrunu- October 1998 33 nities, it might be easy to lose sight of what pushed them into public service in the first place. Not so, O'Neill says. "I started an internship in college and sort of got hooked on it," he explains. "It is interesting because you deal with policy and the imple- mentation of that policy, and you can see its impact, whether on an individ- ual, a group or a whole community. Being able to work in partnership with communities to make them bet- ter and seeing the results of that are very stimulating." "[1 went into it] because it gave me the ability to [work on] real con- stituent issues and city council con- cerns of potholes and trimming trees, as well as the ability in the same day to get involved in larger policy issues of air quality or planning or that kind of thing," King says. "I've enjoyed that kind of balance." At the end of the day, the job is about fulfilling a collective vision, Henest says. "A developer recently came into [Brea] and wanted to put gates on a high-end residential pro- ject, but one of our mission statements is that we're an inclusive community," he says. "I was very strong in saying that gates do not reflect who we are and who we want to be as a communi- ty, and I was able to make a difference (defeating the developer's request). When I walked away that day, I was able to say, 'Hey, I just made this a better community.' If you can walk away with a few of those situations, where you helped bring to life certain kinds of values, that's a pretty good deaL" 1;{ CI%VjCOL:NTY MANAGE:\tENT Performance measures: What's the score? Are performance measurement systems necessary competitive tools that finally are catching on? Cities that use them attest to their usefulness (see related story on page 28), but many still are reluctant to adopt them. "It is a risk," says Norman King, e:xectltive director for the San Bernardino (Calif.). Associated Governments. "ObViously, if performance indicators.are comparable or represented to be comparable to odler cities, you run a risk of not looking good. On the otherhand, if they're put in the context of an assessment, they . can assist you in embarking on a program to improve [in areas] where you're a little weaker than you should be." That is what happened in Fairfax County, Va.'where ('-Qunty Executive RobertO'NeiH oversawtheimple- mentation of a performance measurement system last year. "There was a lot of apprehension [on the part of board of supervisors]," he says. "You know, [they worried about] what happens if you don't nleetYOUf targets." Their fears were unfounded, however; following the release of the county's "baseline". report card, community feedback WdS favorable. "People knew this was a work in progress," O'Neill says; "We got lots of compliments from civic organizations and community groups that appreciated having the information." The county's measurement system begins at the department level, where, based on individual perfor- mance evaluations, department heads submit their rec- ommendations as part of the budget drn.--ument.. At tlle executive's office, the recommendations are reviewed "to see if the sum of the activities is going to get us 'where we want to go, and we make some adjustments to that," O'Neill explains. "Then we focus on the measures them- selves, focusing on outcomes and rerurn on investment." The process has proven \Iseful, O'Neill says. "It is important because it has to do with accountability to the community. It also helps focus discussion around the things that are most important and transferring resources from the less important," he explains. "The more perfor- 36 October 1998 manceinformation you have, the easier it is for the com- munity and thegoveming body to have that discussion." Setting performance. indicators also can assist local governments.in. quantifyingdleir. services, King says. "With the increased emphasis .on the possibility of priva- tization,there'saheightened awareness. of the need for performan. .... ce.... irul........ica...t..o.........r.s,w....h........e. the.r....o..r not.. yo.up.....riva.uz.... e... th.e.. operation,"hesays... > .................. . ...... ....> ....... "Privatization forces some. quantification of what you expect for rhernoney you're spending," he continues. "For eXample,ina parks maintenance project, howrnany square feet are we dealing with? What kind. of treatment is goingto.occur?What measures of aesthetics and stan- dardsareyollgoing to apply to hold the finul:hatgets the bidaccountable?Y OIJ should.knowwhat you're dOing when.. you privatize, but you . also. should know what you're doingwhenit's your own service. [Settingirulica- tors] can help you determine whether or not you should perfonu dle service. yourself." The concept . of performance measurement is relatively llewin the. public sector, King says. "Indicators dearly are evolving and have really been developing only in the last five years," he notes. In the absence of standard indicators, attempting to . compareone dty's results to those. of another city can be difficult, O'Neill says. "Communities in different states classify departments and operations differently," he explains. "That makes it difficult to pick up a MandaI statement from San Diego County, for example, and compare it directly to the financial statement faT Fairfax County. We tend to compare outselves to the area clos- est to us because we know the community, and we can make those translations." Despite the risks and dle lack of standards, O'Neill snmds firm on the benefits of performance measurement. "I think it does two things," he explains. "It tells you how well you are doing, and it tells you whether you are focused on the right things." 1;{ - Beth Wade AMERICAN CITY & COUNTY The Council-Manager Form of Government: Page 1 of7 The Council-Manager Form of Government: Answers to Your Questions Q: What is the council-manager form of government, which is used in so many cities, towns, and counties? A: The council-manager form is the system oflocal government that combines the strong political leadership of elected officials in the form of a governing body, with the strong managerial experience of an appointed local government manager. The governing body, commonly known as the council, may also 'be referred to as the commission -or the board The cOurlcil-manager form establishes a ' representative system where all power is concentrated in the elected council and where the council hires a vrQf~ssiQnaUy train~d manag~r tQ Qv~rs~~ the delivery Qf publi~ servi<tes. Q: Is it a responsive form of government? A: Tn councll-manager government, the mayor or chairperson o/the governing body and council members are the leaders and policy makers elected to represent the community and to concentrate on policy issues that are responsive to citizens' needs and wishes. The manager is appointed by the governing body to carry out policy and ensure that the entire community is being served. If the manager is not responsive to the governing body's wishes, the governing body has the authority to terminate the manager at any time. In that sense, a manager's respOllsiveness' is tested daily. ' Q: Are all council-manager governments structured the same way? A: No. One of the most attractive features is that the council-manager form is adaptable to local conditions and preferences. For example, some communities have councils that are elected at large while other QOUUQils are eleQted by distriQt or by a Qombination of an at-large and by-distriQt struQture. In some local governments the mayor or chairperson is elected at large by the voters; others are elected by their colleagues on the governing body. Q: What is the council's function? A: The council is the legislative body; its members are the community's decision makers. Power is centralized in the elected council, which approves the budget and determines the tax rate, for example. The council also focuses on the community's goals, major projects, and such long-term considerations as community growth, land use development, capital improvement plans, capital financing, and strategic planning. The council hires a professional manager to carry out the administrative responsibilities and supervises the manager' s perfQrman~e, http://www2.icma.org/upload/library/IQ/114238.htm 1/16/2003 The Council-Manager Form of Government: Page 2 of7 Q: Where does the mayor or chairperson of the governing body fit in? A: Mayors or chairpersons in council-manager communities are key political leaders and policy developers-and their duties, responsibilities, and-authorities depend on the organization's charter. In council-manager communities, typically the mayor or chairperson presides at council meetings, serves as a spokesperson for the community, facilitates cOll111mnication and understanding between elected and appointed officials, assists the council in setting goals and advocating policy decisions, and serves as a promoter and defender of the community. In addition, the mayor or chairperson serves as a key representative in intergovernmental relations. The mayor or chairperson, council, and manager constitute a policy-development and management team. Q: What is the manager's function? A: The manager is hired to serve the council and the community and to bring to the local government the benefits of training and experience in administering local goveniinent projects and pmgrams em behalf ofthe governing body. The manager prepares a budget for the council's <1Qnsideration; re<truits, hin~s, and supervises the government's s41ff; serves as the <1QlJU<;il' s <;hief adviser; and carries out the council's policies. Council members and citizens count on th@manag@rto provide complete and objective information, the pros and cons ofaltematives, and long-term consequences. Q: What is the cost to the local government of appointing a professional manager? A: Local governments have found that overall costs actually have been reduced with competent management. Savings come in the form of reduced operating costs, increased efficiency and productivity, improved revenue collection, or effective use of technology. Q: Does the manager participate in policy determination? A: The manager makes policy recommendations to the council, but the council mayor may not adopt them and may modifY the recommendations. The manager is bound by whatever action the CQuncil takes, http://www2.icma.org/uploadllibrary/IQ/114238.htm 1/16/2003 The Council-Manager Form of Government: Page 3 of7 Q: Is this form of government used only in certain kinds of cities? A: No. In fact, it is not restricted to cities. It is used by towns and counties too. More than 3,400 cities operate under this form, and more than 371 counties operate under the council-administrator form. They vary greatly in size and characteristics. Q: How many Americans live in communities that operate under council-manager government? A: More than 89 million. Q: Is the form popular in large communities? A: Yes. Out of237 cities with greater than 100,000 residents, 141 use this form of government. Some examples are Charlotte, North Carolina; Dallas, Texas; Las Vegas, Nevada; Oklahoma City, Okl~Qm~; PhQ~nix, ArizQn~; S~ AntQniQ, Tex~; S~ Di~gQ ~ng S~ Jo~e, C~lifQrni~; Virginia Be~~h, Virginia; and Wichita, Kansas. Large counties that use the structure include: Broward County, Florida; Clark County, Nevada; Fairfax County, Virginia; Hamilton County, Ohio; Mecklenburg County, North Carolina; and Santa Clara County, California. Q: How much citizen participation is possible under council-manager- gover-nment? A: Successful examples of citizen participation in the local government service delivery decision-making process are widespread among professionally managed communities. Because professional local government management offers government of the people, by the people, and for the people, it sets the stage for citizen activism by encouraging open communication between citizens and their government. Examples range from visioning, in which citizens playa major role in determining the future of their community, to neighborhood service delivery, which involves residtmts through the development ofcitizenlgovernment partnerships, to community-oriented local government services. . Because political power is concentrated in the entire governing body rather than one elected official, more citizens have an opportunity to be elected to a position in which they have significant infllJ~m;~ ov~r th~ fuwr~ of their ~ommunity, http://www2.icma.orglupload/libraryIIQ/114238.htm 1/16/2003 The Council-Manager Form of Government: Page 4 of? Q: What is the history of the council-manager form? A: Born out of the progressive reform movement at the beginning of the 20th century, the council-manager system oflocal government is one ofllie few original Ar"'l1erican contributions to political theory. In 1908, Staunton, Virginia, instituted the first position legally defining, by ordinance, the broad authority and responsibility associated with today's professionallocal government manager. Sumter, South Carolina, was the first city to adopt a charter incorporating the basic principles of council-manager government in 1912. Westmount, Quebec, introduced the form to ~Canaaa in 1913. The fIrst large city to adopt the plan was Dayton, Ohio, in 1914. The fIr-st counties to adopt it in the 1930s were Arlington County, Virginia, and Durham County and Robeson County, North Carolina. Since its establishment, the council-manager form has become the most popular form of government in the United States in communities with populations of5,OOO or greater. The form also is popular in Canada, Australia, the Netherlands, New Zealand, the United Kingdom, Honduras, Chile, and Brazil. For more than 94 years, council-manager government has responded to the changing needs of citizens and their communities. Q: How can a community adopt this form of government? A: Methods vary, but most communities can adopt council-manager government through a charter, a local or-dinance, Of a state enabling law. In many cases, adoption must be by vote of the local governing body. For information on how your community can adopt council-manager government, contact your state municipal league or association of counties. You can find the addresses of these organizations in leMA's Municipal Year Book at your local library, or on the Internet. Q; How is the manager selected? A: The vacancy usually is, announced in the leMA Newsletter, and managers in other communities are invited to apply if they are interested. Managers, assistants, and others apply directly to the council, which reviews the applications and interviews qualified candidates. leMA makes no recommendations regarding candidates. Further information is available in the handbook Recruitment Guidelines/ar Selecting a Local Government Administrator, published by ICMA and available at http://jobs.icma.org. http://www2.icma.orgluploadllibraryIIQ/114238.htm 1/16/2003 The Council-Manager Form of Government: Page 5 of7 Q: Does the manager have to be a local resident at the time the appointment is made? A: No. Local residence should not be required of applicants at the time the appointment is made. Managers are professionals who might serve several communities during their careers, bringing extensive experience coordinating public services and applying management techniques to a community. Q: What salary does the manager receive? A: Earnings of managers depend on their educational background and experience, the size and complexity of the local governments employing them, and the economic conditions of the regions where communities are located. The council sets the manager's salary. Detailed information on salaries is compiled annually by leMA and is available on request. Q: Can the manager be fired? A; Manl:lg~rs s~rve l:lt the pl~l:lSl,lf~ ofthe QOl)nQil or gov~rning bOQY. They Qan b~ fir~Q bY l:l majority of the council, consistent with local laws, ordinances, or employment agreements they may have with the council. Control is always in the hands of the elected representatives of the people. Q: Where do managers get their experience? A: Nearly 73 percent of managers surveyed by leMA have a master's or a professional degree. Respondents indicated that they had spent an average of 17 years in the local government management profession. Q: DQ m~n~ger$ p~rti~ip~te in IQ~1 PQliti~~? A: All managers who belong to lCMA are bound by its Code of Ethics, which states that every member of the Association shall-refrain from all political activities that undermine public confidence in professional administrators and refrain from participation in the election of members of the employing legislative body. http://www2.icma.org/upload/library/lQ/114238.htm 1/16/2003 The Council-Manager F onn of Government: Page 6 of7 Q: What else does ICMA's Code of Ethics cover? A: The Code specifies 12 ethical principles of personal and professional conduct, including dedication to the cause of good government. lCMA members believe in the effectiveness of representative democracy and the value of government services provided equitably to residents within a community, leMA members also are co~mitted to standards of honesty and integrity more vigorous than those required by the law. Contact lCMA for a copy of the Code of Ethics or go to http://icma.orglethics. Q: What is leMA? A: In 1914, a group of appointed managers tormed a professional association, eventually known as the International City/County Management Association (ICMA), to share their expertise and experiences in local government management. Since that time, leMA has been the professional and educational organization for administrators and assistant aclministr-ator"S serving cities, towns, counties, other local governments, and regional entities a,fQQnq the WQrlq, leMA's membership alSQ incllJqes qirectQrs ofs~te associations QflQcal governments, other local government employees, academics, and concerned citiz@ns who share the goal ofimproving local government. The purpose oneMA is to create excellence in local governance by developing and fostering professional local government management worldwide. To that end, the Association provides technical assistance and publications for local government professionals to help them improve their skills and increase their knowledge, leMA also serves as a clearinghouse for the collection, analysis, and dissemination of infonnation and data about local government For further information on items referenced in this brochure, visit leMA's form-of-government Web site at http://icma.orglformofgovt or see the contact information listed on the back panel of this brochure. Q; I$ th~r~ ~n()th~r ()rg~niz1lti()n th~t $~PP()rt$ ~()~n~il-m~n~g~r g()Vernment? A: Yes, the National Civic League is a nonpartisan citizens organization founded in 1895. Its purpose is to serve as a clearinghouse for information on methods of improving state and local government; to encourage citizen participation in state and local government; and to provide guides, model charters. and laws on specific subjects, The Leazue's Model City Charter. now in its seventh edition, has endorsed council-manager government since 1915. http://www2.icma.orgluploadllibrary/lQ/114238.htm 1/16/2003 , The Council-Manager Form of Government: Page 7 of7 For further information: leMA 777 North Capitol Street, Ne Suite 500 Washington, DC 20002,.4201 Web site, http://icma.orglformofgovt For form-of-government assistance in Alaska~ Californi~ Connecticut~ Hawaii, Illinois~ Indiana~ Iow~ Maine, Massachusetts, Michigan, Missouri, Minnesota, New Hampshire, Nevada, Ohio, Oregon, Rhode Island, Vermont, Washington, and Wisconsin, contact: Michele Frisby at 202-962-3658; mfrisby@icma.org: or 202-962-3500 (fax). For form-of-government assistance in Alabama, Arizona, Arkansas, Colorado, Delaware, District of Col}Jmbia, Florida, Georgia, Idaho, K~n~as, K~ntu~ky, LO}JisiMa, Mal)'IMd, Mi$$i~$ippi, MontM~, Nebraska, New Jersey, New Mexico, New York, North Carolina, North Dakota, Oklahoma, Pennsylvania, South Carolina, South nakota, Tennessee, Texas, Utah, Virginia, West Virginia, and Wyoming, contact: Martha Perego at 202,,962,,3668; mperego@icma.org; or 202,,962,,3565 (flL",,). National Civic League 1445 Market Street Suite 300 Denver, Colorado 80202~1728 303-571-4343 Fax 303-571-4404 Web site, http://www.ncl.org http://\vww2.icma.org/uploadllibraryIIQI114238.htm 1/16/2003 106145 Page 1 of3 Typical Ordinance for Establishing Council-Manager Government Note: 4doption of th(! qounqil-mant:1g?r form of govemm?nt by ordinwu:e g(mera1ly should be c(Jnsjdf!red 4S Cl t?mporczry arrangement pending adoption by referendum of a homerule chwter or the provisions of an optional state law. Some provisions of this suggested ordinance may need to be changed to accord with local custom, state law, or city charter. AN ORDINANCE CREATING THE OFFICE OF CITY MANAGER IN THE CITY OF AND PROVIDING FOR HIS/HER POWERS AND DUTIES. BE IT ORDAINED by the city council of .. Section 1. Creation of Office. The office of city manager is hereby created. Section 2. Appointment of City Manager. The city manager shall be appointed by majority vote of the city council for an indefinite term. The manager shall be chosen by the council solely on the b~is of executive and administrative qualifications with special reference to actual experience in or knowledge of accepted practice in respect to the duties of the office hereinafter set forth. At the time of this appointment, the appointee need not be a resident of the city or state, but during the manager; s tenure of office, shall reside within the city. No council member shall receive such appointment during the term for which the council member shall have been elected nor within one year after the expiration of the council member's term. Section 3. Removal of the City Manager. The city council may remove the city manager at any time by a majority vote of its members. If requested, a public hearing shall be granted by the council within 30 days following notice of removal. During the interim, the council may suspend the manager from duty, but shall continue the manager's salary and, if the removal becomes final, shall pay said salary for six calendar months following final removal date. Section 4. Power and Duties of the City Manager. The city manager shall be the chief administrative officer of the city, may head one or more departments, and shall be responsible to the city council for the proper administration of all affairs of the city. To that end, the manager shall have the power and shall be required to: A. Appoint and, when necessary for the good of the service, suspend or remove all officers and employees of the city except as otherwise provided by the city charter or law. The city manager may authorize the head of a department or office to appoint, suspend, or remove subordinates in such department or office1. B. Prepare the budget annually and submit it to the council together with a message describing the important features and be responsible for its administration after adoption. C. Prepare and submit to the council as of the end of the fiscal year a complete report on the finances and administrative activities of the city council for the preceding year. D. Keep the council advised of the financial condition and future needs of the city, and make such recommendations as may be deemed desirable. E. Recommend to the governing body a standard schedule of pay for each appointed office http://Viww2.icma.orglupload/library/IQ/106145.htm 1/16/2003 106145 Page 2 of3 and position in the city service, including minimum, intermediate, and maximum rates. F. Recommend to the governing body (from time to time), adoption of such measure as may be deemed necessary or expedient for the health, safety, or welfare of the community or for the improvement of administrative services. G. Direct and supervise the administration of all departments, offices, and agencies of the city, except as otherwise provided by this charter or by law. H. Consolidate or combine offices, positions, departments, or units under his/her jurisdiction, with the approval of the city council. The city manager may be the head of one or more departments. I. Attend all meetings of the city council unless excused there from and take part in the discussion of all matters coming before the council. The manager shall be entitled to notice of all regular and special meetings of the council. J. Supervise the purchase of all materials, supplies, and equipment for which funds are provided in the budget; let contracts necessary for operation or maintenance of the city services for amounts up to and including $ , receive sealed bids for the purchases or contracts in excess of $ and present them to the council. K. See that all laws and ordinances are duly enforced. L. Investigate the affairs of the city or any department or division thereof. Investigate all complaints in relation to matters concerning the administration of the government of the city, and in regard to service maintained by the public utilities in the city, and see that all franchises, permits, and privileges granted by the city are faithfully observed. M. Devote his/her entire time to the discharge of all official duties. N. Perform such other duties as may be required by the council, not inconsistent with the city charter, law, or ordinances. Section 5. Council Not to Interfere with Appointments or Removals. Neither the council nor any of its members shall direct or request the appointment of any person to, or removal from, office by the city manager or any of the manager's subordinates, or in any manner take part in the appointment or removal of officers and employees in the administrative services of the city. Except for the purpose of inquiry, the council and its members shall deal with the administration solely through the city manager and neither the council nor any member thereof shall give orders to any subordinates of the city manager, either publicly or privately. Section 6. Emergencies. In case of accident, disaster, or other circumstance creating a public emergency, the city manager may award contracts and make purchases for the purpose of meeting said emergency; but the manager shall file promptly with council a certificate showing such emergency and the necessity for such action, together with an itemized account of all expenditures. Section 7. Bond. The city manager shall furnish a surety bond to be approved by the council, said bond to be conditioned on the faithful performance of all the manager's duties. The premium of the bond http://www2.icma.org/upload/library/IQ/I06145.htm 1/16/2003 106145 Page 3 of3 shall be paid by the city. Section 8. Compensation. The city manager shall receive such compensation as the council shall fix from time to time by ordinance or resolution. Section 9. Vacancy. Any vacancy in the office of the city manager shall be filled within 60 days after the effective date of such vacancy. Section 10. Saving Clause. If any section, sub-section, or sentence, clause, or phrase of this ordinance is for any reason held invalid, such decision or decisions shall not affect the validity of the remaining portions of this ordinance. All ordinances of the city prescribing the duties of heads of departments shall remain in full force and effect except in so far as they conflict with the provisions of this ordinance in which case the provisions of this ordinance shall govern. 1. Responsibility of the manager or chief administrative officer for appointment and removal of administrative officials and employees is a requirement for recognition as an official council-manager city. In cities where state law or charter requires certain administrative officers to be appointed and removed by the mayor or council, the manager should be given the authority to recommend such appointees or to recommend their discipline or removaL All recommendations for appointment or removal shall be based solely on the merit, qualifications, or disqualifications of the official concerned without regard to political beliefs or affiliations. http://w.vvw2.icma.org/upload/library/IQIl06145.htm 1/16/2003 , Forms of Local Government Page 1 of2 Forms of Local Government Council Manager In the council-manager form of government, the council is the governing body of the city elected by the public, and the manager is hired by council to carry out the policies it establishes. The council usually consists of five to nine members including a mayor (or council president) who is either selected by the councilor elected by the people as defined in the city charter. The size of the council is generally smaller than that of a mayor-council municipality, and council elections are usually nonpartisan. The council provides legislative direction while the manager is responsible for day-to-day administrative operation of the city based on the council's recommendations. The mayor and council as a collegial body are responsible for setting policy, approving the budget, and determining the tax rate. The manager serves as the council's chief advisor. Managers also serve at the pleasure of the council and are responsible for preparing the budget, directing day-to-day operations, and hiring and firing personnel. Typically, the mayor is recognized as the political head of the municipality, but is a member of the legislative body and does not have the power to veto legislative actions. The Council-Manager Form VOTERS COUNCIL MANAGER I I I I DEPARTMENT HEADS Mayor-Council The mayor-council (council-elected executive counties) form of government is the form that most closely parallels the American federal government, with an elected legislature and a separately elected executive. The mayor or elected executive is designated as the head of the city or county government The extent of his or her authority can range from purely ceremonial to functions to full-scale responsibility for day-to- day operations. But the mayor's or elected executive's duties and powers generally include the following: hiring and firing department heads, preparation and administration of the budget, and veto power (which may be overridden) over acts of legislature. The legislature has the following responsibilities: adoption of the budget, passage of resolutions with legislation, auditing the performance of the government, and adoption of general policy positions. http://www2.icma.org/upload/library/IQ/106142.htm 1/16/2003 Forms of Local Government Page 2 of2 In some communities the mayor or executive may assume a larger policy-making role, and responsibility for day-to-day operations is delegated to an administrator appointed by and responsible to the chief executive. The Mayor-Council Form VOTERS MAYOR --- COUNCIL I I I I DEPARTMENT HEADS Commission The commission form of government, characterized by an elected governing board that holds both legislative and executive powers, is the oldest form of government in America. A descendent of the old English shire-moot, or county governing board, the board is usually composed of three to five members, although the number varies. The board of commissioners is the county governing board, and serves as the head of the government. It has responsibility for adopting the budget, passing resolutions, and enacting ordinances and regulations. A number of other officials are also popularly elected, and serve as heads of some of the major county departments (although the number of these independently elected officials varies considerably, some of the most common are the sheriff, treasurer, and clerk). Town Meeting All qualified voters of the town gather on a given day (usually once a year, but more often if necessary) to dect a board of officers (selectmen) and to make policy decisions. The board of selectmen has the responsibility for carrying out the policy set by the citizens. In some towns a manager or administrator is appointed to carry out the administrative operations of the town. Representative Town Meeting The representative town meeting form of government is structured in much the same way as the tovvll meeting form, with the exception that a large number of citizens are chosen by the general electorate to represent them in voting. All citizens can attend the meetings and participate in debates, but only those chosen as representatives have a direct vote. http://www2.icma.org/upload/library/IQ/106142.htm 1/16/2003 How to Adopt Council-Manager Government Page 1 of3 How to Adopt Council-Manager Government Getting Started Adopting and implementing the council-manager form in your community requires a well-informed public and governing body, as well as, adherence to state legislation. A campaign supporting the council-manager form may be necessary before a community or council vote on the referendum. For detailed information about the implementation of the council-manager plan in your community, suggested contacts include: . International City/County Management Association (Publications including The Benefits of Hiring A Professional Administrator, Citizens' Handbook on Retention of the Council-Manager Plan, The Council-Manager Plan: Answers to Your Questions, The County Administrator Video, Council-Manager Plan Video: Good Government at Work, Guide for Charter Commissions, lvfodel City Charter, lvfodel County Charter, Responsive Local Governl'nent Packet, and Responsive County Package) . Your state's municipal league or association of counties (Local information, model charter/ordinance . The National Civic League (Information, model charter/ordinance) . Managers within your region Your state's municipal league or association of counties, National Civic League, and lCMA can provide a model ordinance or charter that your community's attorney can modifY to fit state legislation and your community's needs. Local active and retired managers can be asked to speak or answer questions at community meetings. The general counsel's office, or research division, of your state's municipal league and association of counties can also provide examples of what other communities within your state have done. Organizing a Campaign The following is a list of steps to help achieve the adoption of the council-manager form: 1. Organize a citizens' committee It is essential that a committee be organized to lead the campaign in support of the council- manager fonn. The citizens' committee should have centralized leadership and be broadly based, including as many segments of the community as possible. 2. Address the logistics of the referendum http://www2.icma.org/upload/library/IQ/I06147.htm 1/1612003 How to Adopt Council-Manager Government Page 2 of3 Try to schedule the date of the referendum for maximum voter patticipation, particulat'ly if a high turnout will result in adoption of the plan, Consider how long the campaign should be. A short campaign means a quick vote. If a long campaign will allow the opposition to gain strength, perhaps the short catnpaign is a wise choice. 3. Carry out the campaign Inform the public, research and get the facts about the council-manager form, seek finances and volunteers, and concentrate resources in focus areas to maximize campaign effectiveness. Ways to Adopt the Plan There are generally three ways to adopt the council-manager form: 1. Public Vote to Change the Charter Jurisdictions with a charter can place an issue on the ballot tor citizens to determine. Charter change generally can be placed on the ballot either by a vote of the elected body or through a citizen petition. The petition process is governed by the charter or state law. 2. Adopt Ordinance In this case, council votes on an ordinance or resolution to implement the council-manager form. 3. Adopt Existing State Legislation In this case, council votes on an ordinance or resolution to adopt existing state legislation which implements the council manager form. An Example As mentioned above, the laws and means necessary to implement the council-manager form vary by state. The following is the legal underpinnings of the council-manager plan in California: State law authorizes general law cities to adopt what is kllown as the "city manager furm of government which is sometimes also referred to as "the council-manager plan". (See generally Cal. Gov't Code 934851 et seq.) This approach allows the council to delegate to a manager the power to administer the day-to-day affairs of the city. The managers responsibilities are defined by ordinance. (See generally Cal. Gov't Code 934852.) T'llese responsibilities include most types of personnel decisions including hiring and firing subordinate employees. (See generally Cal. Gov't Code S34856.) http://www2.icma.org/upload/library/IQ/I06147.htm 1/16/2003 How to Adopt Council-Manager Government A city manager form is created by ordinance. The ordinance may be enacted in one of three ways: . By the council; . Submitted by the council to the citizenry of the city for a vote; or . Put on the ballot by initiative by the citizenry. (See generally CaL Gov't Code g3485L) The city manager holds office at the pleasure of the city council. (See generally Cal. Gov't Code g34506.) Of course, charter cities are free to organize as they choose, subject to the provision of their charters and the state constitution. Reprinted with the Permission of Western City, 1996 The National Civic League 1445 Market Street, Suite 300 Denver, CO 80202-1728 Tel. 303.571 4343 www.ncLorg ICMA 777 North Capital Street Suite 500 Washington, DC 200002-4201 Tel. 202 962 3680 icma.org http://www2.icma.org/upload/library/IQ/106147.htm Page 3 of3 1/16/2003 Minn. Stat ~ 412.581 Minn. Stat. ~ 412.651, subd. 3 City Adnrininstrator 2. Appointed clerks Individuals who are working as city clerks in Plan A and Plan B cities are generally appointed and removed from their positions. But the power to appoint or remove the clerk is given to different people depending upon the type of city. a. Plan A cities The clerk is appointed (hired) by the city council in a Plan A city. As such, the clerk in a Plan A city may be removed by the council. However, in certain instances, the council may have to follow certain procedures in order to remove the clerk. For example, if there are civil service rules ill place, or if the employee is a veteran, certain procedures may need to be followed in order to remove the clerk. City councils that are considering removal of their city clerk should contact their city attorney for guidance. b. Plan B cities The city clerk in a Plan B statutory city is also an appointed office. In this type of city, however, the clerk is hired by the city manager. The city manager also has the power to remove the city clerk. But the city attorney should always be consulted before removing a city officer. 3. Home rule charter cities The role of a city clerk in a home rule charter city will depend upon the provisions that exist in the city's charter. Home rule charter cities should check their charters to determine whether there is such an office in their city, and if the office is appointed or elected. If the office exists, there may also be a provision that explains how the position is filled and how a person is removed from the office. As with other terminations, the council and the city manager should consult with the city attorney before beginning the process. Part IV. City administrator The city administrator position is not required, nor even mentioned in state statute. The position is generally created by ordinance or resolution, and is often combined with the clerk position into a clerk- administrator position. The history of the city administrator position is less defined than the history of either the clerk or manager positions. In IVlinnesota, the position has apparently grown out of the city clerk position. As a city's operations grow in complexity, it becomes unrealistic for the 19 Minn. Stat. ~ 412.111 Minn. Stat. ~ 412.111 Jewell Belting Co. v. Bertha, 91 Minn. 9 (1903) 20 elected body to oversee day-to-day operations. In a step to move towards delegating many of these day-to-day functions, many city councils have chosen to create the position of city administrator. A key issue in the creation of the city administrator position is the level of authority, particularly supervisory authority of other city staff, that will be vested in the position. In some cities, the responsibilities may be an expansion of the city clerk's duties. In other cities, the powers may be almost as broad as those of a city manager, with the exception that the council cannot delegate its final authority for hiring and firing city staff However, some city councils give deference to the administrator's recommendations on appointments and removals. A. Form of government The administrator position is not a required position for any type of city but city councils may choose to have such a position. It is more common to see an administrator in a Plan A city. The position is usually created by ordinance or resolution Sometimes the administrator position exists in addition to a separate city clerk position, but often the duties are merged into a combined clerk. administrator position. Because a Plan B city has a city manager, it would be unlikely to also have a city administrator position. Home rule charter cities should check their city charters for provisions dealing with their city administrator. B. Powers and duties Since the city administrator is not a position that is created by state statute, its duties can vary gready from city to city. Generally, the position is one to which the city council delegates some of its responsibilities for the day-to-day administration of the city. When the position is combined with that of the city clerk, however, it will include all the duties of the city clerk But the council is not able to delegate hiring and firing decisions to the administrator. Statutory city councils that wish to delegate this responsibility might consider adopting the council-manager plan under Optional Plan B. Home rule charter cities, however, may be able to delegate such responsibility with a proper charter provision. The Minnesota Supreme Court found that a city council could not delegate its legislative power to an administrator. Nor could it delegate any administrative power that calls for judgment and discretion to an administrative officer, such as the authority to enter into a contract to purchase a fire pumper. League of Minnesota Cities City Admininstrator The following responsibilities are among those often given to city administrators: . Administration direction. Direct the administration of the city as provided by council action, and state and federal statutes. . City affairs. Coordinate with the city council in administrating city affairs. . Policy recommendation. Recommend policies that will further goals of the city council and generally improve the quality of city administration. . Local improvements and city projects. Prepare reports and summaries relating to proposed municipal projects/ improvements and submit them with recommendations as may be required to the council for study and subsequent action. . Budgets. Prepare a recommended budget for consideration by the city council. . Financial statements. Prepare the annual financial statement and perfonn other duties as required by Minnesota statute. . Meetings. Attend and participate in all council meetings. Attend (at administrator's discretion) or by invitation other committee and commission meetings. . City programs. Coordinate city programs and activities as authorized by the council. Financial reports. Submit quarterly reports to the council of the financial condition of the city's accounts. . . Elections. Supervise the conduct ofloca! elections in accordance with prescribed laws and regulations. . Supervision. Supervise and have day-to-day oversight of the activities of all city department heads and the administrative staff . Employment. Make recommendations to the council regarding employment and removal of city staff. Cooperate with professional staff. Work in cooperation with the city attorney and city engineer. .. 21 . Public relations. Prepare news releases, and develop and discuss public relations material. Maintain good public relations with the general public. . Consul1ation. Consult with appointed officials and with other public or private agencies as may be required. . Other public programs. Be informed of federal, state, and county programs that affect the city. . Labor negotiation. Negotiate or delegate the negotiation of the terms and conditions of employee labor contracts. . Other duties. Perform all other duties required of administrator by ordinances or resolutions adopted by the council. Cities should check their city ordinances for a list of the administrator's job duties. Home rule charter cities should check their charters for similar infonnation for this position, if it exists in their city. C. Appointment and removal MinD. Stat. ~ 412.111 The city administrator is a position that is created by council ordinance or resolution. As such, the council has the power to define the duties and responsibilities of its administrator, as well as the power to hire and remove individuals in the position. The appointment and removal process will vary depending upon the type of city, as well as other factors, such as personnel policies, employment contracts, and the ordinance or charter provision that created the position. Although department heads are generally exempt from the veterans' preference removal requirements, whether or not they apply will depend upon the specifics of the situation and the type of responsibilities that are given to the administrator. A city council that is seeking to remove its city administrator should consult with its city attorney before beginning the removal process Home rule charter cities should check their city charters for appointment and removal procedures. These cities should also be concerned with the same factors that were discussed above for statutory cities. Minn. Stat. ~ 197.46 Part V. City manager MinD. Stat. ~ 412.541 The city manager position is found in Plan B statutory cities and in many home rule charter cities. This form of government is known as 22 League of Minnesota Cities See Part II-C MinD. Stat. ~~ 412.611 and 412.621 City Admininstrator the council~manager plan. In this type of government, the cOlll1cil exercises the legislative power of the city and determines all matters of policy, similar to a board of directors in a private sector company. The city manager formulates policy recommendations to the city council, and administers and implements the policies--much as a CEO would do in a private sector company. The council-manager plan was first created in the early 1900s as a means through which government could be "professionalized. n It reflects both the parliamentary approach to government and the corporate business model in its structure and ideals. Early proponents of the council ~manager fonn of government believed it accomplished the following worthy goals: . It replaced the divisiveness of some other forms of government with a more unified model of government in which the council had both legislative and administrative authority. . It placed responsibility for day-te-day administration of city business in the hands of a professional manager rather than elected officials. A. Form of government The city manager position is found in statutory cities that adopt to become Optional Plan B cities. The Plan B form of government is also called the council-manager plan. 1bis form of government is also available to home rule charter cities that provide for the council- manager plan in their charters. Under the council-manager plan, the COlIDCil retains policy-making and legislative authority, and delegates administration oflocal government to a manager. The manager is responsible directly to the council and subject to council removal. The manager appoints administrative department heads, usually without the necessity for cOlll1cil approval. The cOlll1cil as a whole retains ultimate administrative as well as legislative responsibility and authority, except where an independent board (such as an utilities commission) has one or more specific fimctions. B. Powers and duties The Plan B city manager's duties are found in state statute, although many councils will delegate additional responsibilities to this individual. In home rule charter cities, the responsibilities are often similar . 23 Minn. Slat. ~ 412.611 Minn. Slat. ~ 412.651. Minn. Slat. ~ 412.651, subd.2 Minn. Stat. ~ 412.651, subd.3 Minn. Slat. ~ 412.651, subd. 4 Minn. Slat. ~ 412.651, subd. 5 Minn. Slat. ~ 412.651, subd. 6 Minn. Slat. ~ 412.651, subd. 7. See also Minn. Stat. ~~ 412.701; .711; .721 Minn. Stat. ~412.691 Minn. Stat. ~ 412.651, subd. 8 Minn. Stat. ~ 412.651, subd.9 Minn. Stat. ~ 412.651, subd. 2 Minn. Stat. ~ 412.651, suhd. 3 24 In a Plan B city, the city manager is the head of the administrative branch of government. The person in this position is responsible to the council for the proper administration of all affairs relating to the city. State statute provides that the city manager has a number of duties. These responsibilities, described in more detail below, include the following areas: . Statutes, ordinances, and resolutions. . City staff. . City departmmts. . Council meetings. . Recommend ordinances and resolutions. . City finances and budget . Chief purchasing agent . Administrative code. . Additional duties. Duties for managers in home rule charter cities are likely to be similar, but home rule charter city officials should check their city charters for details regarding their manager's duties. 1. Statutes, ordinances, and resolutions The city manager in a Plan B city must ensure the statutes relating to the city and the laws, ordinances, and resolutions of the city are enforced. 2. City staff The city manager has the power to appoint and remove city staff. This includes the positions of city clerk, department heads, and subordinate officers and employees. If there are civil service rules or a labor agreement in place, any applicable provisions must be followed. The appointment and removal of the city attorney is subject to the approval of the city council. League of Minnesota Cities MinD. Stat. S 412.661 Minn. Stat. S 412..651, subd. 4 Minn. Stat. S 412.651, subd. 5 Minn. Stat. S 412.651, subd.6 MinD. Stat. S 412.651, subd. 7. See also Minn. Stat SS 412.701; .711; .721 Minn. Stat. S 412. 701 Minn. Stat 11412. 721 City Ad1ninitk."1rator The city manager has complete discretion to appoint or remove staff members within the limits of other applicable laws, such as the Veterans' Preference Act, among others. Neither the council nor any individual councilmember is allowed to dictate the appointment of any person to office or employment by the manager. Council- members may not interfere with the manager's judgment in appointing personnel. Likewise, the statute provides that council may not give orders to any subordinate of the manager. Instead, the council's control is indirect, through its selection and appointment of the manager. However, it is common practice today for city councils to have some interaction with city staff. 3. City departments The city manager has control over all departments of the administration. This includes departments that are created under Optional Plan B or by the city council. 4. Council meetings The city manager must attend all meetings of the city council. He or she has the right to take part in the council discussions, but cannot vote. The city council may exclude the city manager from any meetings at which the manager's removal is considered. 5. Ordinances and resolutions The city manager must recommend ordinances, resolutions, and policies to the council for adoption if the city manager deems them necessary for the welfare of the people and the efficient administration of the city affairs. 6. City finances and budget The city manager must keep the council fully advised as to the city's financial condition and needs. The manager must prepare and submit the annual budget to the council. City managers must prepare the estimates for the annual budget in Plan B cities. The budget must be by funds and include all the funds of the city except funds made up of proceeds of bond issues, utility funds, and special assessment funds. Details of the budget format are not within the scope of this document. It is the city manager's duty to enforce the provisions of the budget. The manager must not approve any order upon the treasurer for any expenditure unless an appropriation has been made in the budget resolution. Likewise, the manager must not approve any expenditure covered by budget resolution unless there is a sufficient unexpended 25 Minn. Stat. ~ 412.721 Minn. Stat. ~ 412691 MinD. Stat. ~ 412.691 Minn. Stat. ~ 412.651, subd. 8 Minn. Stat. ~ 412.651, subd. 9 Minn. Stat. S 412641 26 balance left after deducting the total past expenditures and the sU1l1 of all outstanding orders and encU1l1brances. The procedure for disbursement of funds is similar to that in a standard plan or Plan A city except that the mayor and manager sign the orders instead of the mayor and clerk. The manager must specifY the particular fund from which payment will be made on each contract that requires payment using city funds. This must be noted on each contract. 7. Chief purchasing agent The city manager is the chief purchasing agent for the city. All purchases and contracts that do not exceed $15,000 are made or let by the manager unless the council has set a lower limit. All claims resulting from these purchases and contracts must still be audited and approved by the council in the same manner as done in other statutory cities. All other purchases and contracts can be made by the council only after the recommendation of the manager has first been obtained. All contracts, bonds, and other instruments to which the city is a party must be signed by both the mayor and the manager on behalf of the city. 8 Administrative code If the council requests it, the city manager must prepare an administrative code for the council to consider adopting. The code must incorporate the details of administrative procedure, and the city manager must suggest amendments to the code from time to time. 9. Additional duties The city manager must perform any other duties that are required by statute for Plan B cities. Additionally, the manager must meet any other responsibilities the council gives him or her by ordinance or resolution. Home rule charter cities with city managers should check their charters for their manager's duties. c. Appointment and removal The city manager is appointed and removed by the city council. 1. Appointment The manager is chosen by the council on the basis of training, experience, and administrative qualifications. The manager is League of Minnesota Cities Minn. Stat. ~ 412.641 Minn. Stat. ~ 412.641 Minn. Stat. ~ 412.641 Minn. Stat. ~ 412.641 City Admininstrator appointed for an indefinite period of time and need not be a resident of the city in order to hold the position. 2. Removal The city manager may be removed by the c01U1cil at any time. However, if the manager has served for one year or longer, the manager may demand written charges and a public hearing on the charges before the final removal takes effect The demand for written charges must be made within seven days of notification of the council's intent to remove the manager. The council must set a date and a reasonable time for a public hearing. The hearing must be held within 30 days of the manager's demand and the hearing may not be recessed or reconvened until a further date unless approved by the council. Pending the hearing, the council may suspend the manager, with or without pay. The council may designate another qualified person to perform the duties of the manager during absence or disability. The council must notify the city manager within five days of the hearing of their decision to retain or remove the manager. City councils that are considering removal of their manager should consult with their city attorney before beginning the removal process. The council should also consider any relevant employment contract language, personnel policies, and ordinance or charter prOVISIOns. Part VI. Common issues There are a number of areas that raise questions for city councils regarding city clerks, administrators, and managers. These include the following: . Shared clerks or administrators. Although rather rare in Minnesota, sometimes a group of smaller cities will share an administrator or clerk. . QualificatiollS. \tV'J1at should the council look for in a good candidate to:fill a vacant clerk, administrator, or manager position? . Pros and COIlS of employment contracts. Should the city use an employment contract for its administrative office? + Delegation of du~'. What responsibilities can be delegated to the administrative officer? 27 Minn. Stat. S 471.59 Contllct the Lellgue for examples of job descriptions. 28 . Effective council relations. What is the best way for the council to work with the administrative officer? What is the best way for the administrative officer to work with the council? . Clerk, administrator, or 1tUlnager? When should a city choose to have one of these positions versus another? A. Shared clerks or administrators Sometimes two or more smaller cities will share an administrator or clerk. This allows cities that do not need a full-time position to combine with another city to create a full-time position and hopefully retain a more qualified candidate than would be attracted to a part-time position. Cities are authorized to enter into a joint powers agreement for such services if the cities involved all have the same power to appoint such a position. B. Qualifications (what to look for in candidates) When a city hires a new clerk, administrator, or manager, it should seek only qualified candidates. The qualifications that are best will vary depending upon the needs of the city and the functions the person will be expected to perform. This section applies primarily to appointed city clerks, administrators, and managers. It only applies to elected city clerks insofar as it can help voters to measure the degree of qualification of the candidates on the ballot. City councils should be certain the job description is up-to-date. Look at the various needs of the city and define specifically what tasks the successful candidate will perform. Once the job description is current, it should be easier to write an advertisement for the opemng. In addition to the job description, city councils should evaluate the current and future needs of the community. In this way, it can outline the qualifications that will help the city to grow in the future. Candidates should have good communication skills. Such skills are necessary because of the amount of contact clerks, administrators, and managers have with their city council. other city staff, the media. and the general public. Candidates for city administrator or manager are often required to have degrees in public administration. Managers and administrators need to have a thorough knowledge of finance and budgeting. Often, League of Minnesota Cities The League of Minnesota Cities Research and Information Services can be reached at (651) 281- 1200 or (800) 925-1122. City Admininstrator cities require advanced degrees in one or more of these areas. A master's degree in public administration is a common qualification preferred by many city councils. Experience is also an important aspect to consider. Generally, cities will look for experience in city finances and budgeting, but it is also common to see requirements for experience with specific areas such as land use, municipal liquor stores, Economic Development Authorities (EDAs), and Housing Redevelopment Agencies (HRAs). Experience in running a well-organized office can also be an asset Previous experience as a clerk, administrator, or manager can speak to a candidate's abilities. Serving as a deputy clerk or an assistant to a city administrator or manager can also be a desired qualification, as can administrative experience in a smaller city. Likewise, an internship with a city can provide valuable municipal experience. The candidate' personality and style is another important consideration. The council will obviously want a person whose style is compatible with the council. Depending upon the current situation in the city, a stronger personality can sometimes offer much needed leadership. Under different situations, a "softer hand" may be more appropriate. A city council must also carefully consider how much control it wishes to delegate to the person hired. C. Pros and cons of employment contracts It is common to see individual employment agreements between cities and their administrators or managers. Cities should consider both the strengths and weaknesses of using these types of contracts. TIle League of Minnesota Cities has several examples of employ- ment contracts, which can be sent upon request. The Minnesota City/County Management Association also has a model contract available. A city council should have its city attorney review any employment contract before entering into the agreement. 1. Pros The following are some of the benefits of using an emplOyment contract for a city administrator or manager: . Clarification of wages and benefits. A written employment contract allows all of the wages and benefits that are negotiated during a job offer to be clarified and written in one document. This can help to avoid the possibility of miscolmnunication about verbal offers and tenus. 29 . Clarification of special terms. A written employment contract allows any special terms or conditions of employment that are agreed upon by the council and administrator or manager to be specified in detail, again avoiding miscommunication. . Clarification of severance terms. A written employment contract can be used to clarifY severance terms in case the council decides to terminate the employment of the administrator or manager. This eliminates the need to negotiate a settlement at an emotionally difficult time for all the parties concerned. This can help reduce the likelihood of lawsuits. . Performance reviews. A written employment contract can be used to specify how and when the performance of the administrator or manager will be reviewed, as well as outline the role of the administrator or manager in general terms. . Recruitment A written employment contract can be used as a recruitment tool for applicants who prefer to work under a formal contract. . Objectivity. A written employment contract can help to remove the appearance of self-interest when changes to the city's personnel policy are being considered. 2. Cons The following are some of the arguments against using an employment contract for a city administrator or manager: . Multiple contracts. A poorly drafted contract could mean the city will pay until the end of the contract if the administrator or manager leaves early or is terminated. The city could end up paying for two contracts: the contract of the old employee, and the contract for the new employee. Mino. Stat ~ 465.72, subd.1 . Severance pay. Severance provisions often become outdated because succeeding councils don't realize this language may have been included in the contract to deal with a specific termination problem. As a result, severance benefits in the contract may be more beneficial to the administrator or manager than they otherwise would be. (Note: State statute prohibits severance pay from exceeding an amount equal to one year of pay.) 30 League of Minnesota Cities See Part III (City clerk), Part IV (City administrator), and Part V (City manager) Minn. Stat. ~ 412.151. See individual sedions discussing duties of clerk, administrator, and manager. Jewell Belting Co. v. Bertha, 91 MinD. 9 (1903) MinD. Stat. ~ 412.271, subd.8 ]\<Iinn. Stat. ~ 412.271, subd.8 City Admininstrator . Differences. It can sometimes be confusing to have different agreements in place for different employees or groups of employees. D. Delegation of duties State statutes outline many of the duties that may be delegated to a city administrative officer. See the individual sections that discuss each position for further details. In some cases, various duties of the clerk, administrator, or manager may be delegated to another city staff member. 1. General duties Since the statutory- city council has the power to create positions and define their duties, it would appear it could delegate almost any responsibility to any city staff However, there are specific duties that must be performed by the city clerk or city treasurer because they are required to perform them by state statute. The courts have ruled a city council is without the authority to delegate council legislative powers or any administrative power that calls for judgment and discretion. However, the statutes provide that certain such responsibilities, such as the hiring and firing of city employees, are taken from the council and given to the city manager in Plan B cities. Home rule charter cities should consult their charters regarding the ability to re-assign and delegate duties. 2. Authority for paying certain claims The statutory- city council may delegate authority for paying certain claims to a city administrative official. In order to do this, the city must have internal accounting and administrative control procedures to ensure the proper disbursement of public funds. The procedures must include the regular and frequent review of the administrative official's actions by the council. A list of all claims paid under the procedures must be presented to the council for informational purposes at the next regularly scheduled council meeting. The council must pass a resolution to delegate such authority. The resolution must specify the individual to whom the authority is given, and that the person may pay those claims that meet the standards and procedures established by the council. 31 Minn. Stat. ~ 412.271, snbd. 8 See Lellgue research memo, Newspaper Publication (LMC 440.1) for a further dlscnssion of dealing with the news media. 32 A statutory city council that does not prepare annual audited financial statements, which have been attested to by an independent certified public accountant, public accountant, or the state auditor, may not delegate its authority for paying certain claims against the city. Home rule charter cities should consult their charters for guidance on their ability to delegate the payment of claims. 3. Public relations Cities can take several steps to have effective relationships with the media. Often, a city will assign the responsibility of talking to the media to one person. Although this person is sometimes the mayor, it is often the chief administrative officer (clerk, administrator, or manager). E. Effective council relations The chief administrative officer, whether it is the clerk, the administrator, or the manager, must work closely with the council. As such, it is important that the working relationship be a good one. Both the administrative officer and the council must always keep in mind that they are working as a team to serve the community. While differences of opinions are likely to occur, both sides must resolve their differences quickly. Extended bickering can cause the public to lose faith in the officer, as well as the city council. Sometimes, resolving such a conflict can be as easy as agreeing to disagree. F. Clerk, administrator, or manager? Cities sometimes ask whether they should have a city clerk, an administrator, or a manager. The answer to this question will depend upon many variables that will not be identical from city to city. If the council finds itself spending a lot of time administering day-to- day activities, it may wish to delegate some responsibilities. Depending upon the number of responsibilities and the amount of time needed to adequately complete each of them, these responsibilities can be given to an existing position (such as the city clerk) or to a new position (such as an administrator or manager). Generally, the practice has been that a small city will delegate responsibilities to the city clerk until it becomes obvious that an additional person is needed to help with the clerk's duties. At tIus point, many cities will either create a city administrator position or hire additional staff to help the clerk perform these additional duties. In some cases, a city may have a specific issue with which it is League of Minnesota Cities dealing and want someone with expertise in the area. For example, if the city is growing rapidly, the council may want someone who can help oversee some of its land-use matters. As a city gets larger, it may choose to adopt Plan B, in order to delegate other responsibilities, such as making personnel decisions. Such delegation allows the council more time to make important legislative decisions. Adoption of a home rule charter can give the city freedom to assign duties however it chooses in its charter. Some cities have seen this as the best method to use to get the government it wants. City Admininstrator 33 Jan 17 28B3 15:25:43 Via Fax -} .........1\. ~ "\" LMC 651 429 8629 Adroinistrator Page BOl Of OBl -FridayFax- A weekly legislative update from the League of Minnesota Cilies Lli\~I,iIIU,',{ i\l;,rl't\:KltlJ (''iI/CJ (""iJ.i,.... '~riJIII/!Uly!1 If,'tilvJfllm'll Week Two: Pace Quickens and the Plot Thickens The second week of the 2003 legislative session will end today with the Senate completing their work on their alternative response to Governor Pawle:nty's emergency supplemental budget. Only 17 weeks to go- before the end of the regular session and what man y believe might be a special legislative session to finish the legislature's budget balancing work. Pawlenty's proposal, released on Tuesday, shaved $468 million in state spending-enough to cover the estimated short-term $356 million deficit and set aside $112 million in case the state's revenues falter even more before the end of the current fiscal year on June 30, 2003. Fiscal staff show that $24 million is the current budget reserve. Relative to the governor's proposal, the Senate plan restores funding for several programs including CrimNet local planning, the 21 sl century minerals fund, the ethanol production subsidy, Clean Water Partnership grants, and several other grant programs. Most of the Senate's cuts take place in the areas of Health, Human Services and Corrections departments. In regards to a reserve, the Senate's plan would add $28 million to a current $24 million. The House plan will be unveiled next week and will receive almost immediate committee action. Committee chairs pledged to take up their proposal and vote it out of commiltees on Tuesday. The Senate's budget balancing proposal passed out of Senate Finance committee today, and is likely to be taken up at their floor session, which is scheduled for next Thursday. January 17,2003 Its clear from observing caucus's activit y in both bodies there is definite momentum to get the short-term budget deficit taken care of so time and attention can be focused on the larger '04-05 problem of $4.2 billion. Once the House and Senate pass their respective bills this coming week, there will be a conference committee to hammer out a negotiation. The media has reported that the Governor will give the legislature until early February before he uses his authorit y to unallot. Other Legislative News Former Sen. Gene Merriam was named Department of Natural Resources Commissioner today with current Rep. Mark Holsten (R-Stillwater) being named deput y DNR Commissioner. With Holsten's resignation will come a special election for 52B. Commissioner-designate Sheryl Corrigan will name a new Minnesota Pollution Control Agency Deputy Commissioner next week. Committee hearings next week will concentrate on departmental overviews and tours of agencies and programs. For a full schedule go to the legislative website at www.l.i.stp.tC.LlJllll J.I~. Legislative Conference draws more than 250 city officials ~ On Wednesday, attendees of the League's legislative conference heard from key legislative leaders, including Senate Majority Leader John Hottinger and House Ways and Means Chair Jim Knoblach. In addition, Finance Commissioner, Dan McElroy briefed cities on Governor Pawlenty's emergency budget and priorities for the administration. For more [nformalion on cily le&i~lalive issues. contacl any member of Ihe Lea&ue of Minnesota Cilieslnlel&oVernlrnlnlal Relalions learn. 651.281.1200 ar 800.925.1122 JAN-21-2003 13:45 LEAGUE OF MN CITIES P.01/04 , ., LMC FAX TRANSMISSION To: Fa."'C '#: From: Subject: Teresa Bender (651) 429~8629 Michael Ehlert: ROW fees ~ ~~, If LEAGUE OF MINNESOTA CITI:CS 145 Univl.:r~ity Avenue West St. Paul MN 55103,2044 651,281-1200 Fax: 651-281-1296 IMf/11I1I '" J,B".... ClII. <lrIu~ ___ Date: Pages: January 21, 2003 4 pages, including cover sheet The r~ea.gue of Minne:sota Cities provides this material for general ! infonna.tional purposes. It is not intended to provide legal a.dvice and should , not be used as a substitute for competent legal guidance. Consult your attorn for advice concernin s ec1f1c situations. Comments: The following is in response to your request for information regarding right of way fees. The best information I was able to find comes from an AlVIM 2001 License and Fee Survey. It's a single page that lists what fees, if any, cities around the metropolitan area charge. I was not able to find any additional infonnation that was as comprehensive as this and that listed specific amounts. I have also included M. S. 237.163 subd. 6 that discusses local government fees for right of way_ I hope you will find this information helpful. The League of Minnesota Cities is providing this material for informational purposes. It is not intended to provide legal advice and should not be used as a substitute for competent legal guidance. Consult your city attorney for advice concerning specific situations. JAN-21-2003 13:4E, LEAGUE OF MN CITIES WORK IN PUBLIC RIGHT-OF- WAY CITies 0 . 2,500 I!!xcelsior I.ong l.eke Sprin; Park Woodland CITIES 2,500 .10,000 Alton na Arden HIDs Bayport Circle Pines Corcoran Dayton Ellst Sethel Falcon Heights Farm!!'!gto" Fore~ L.lilke Ham Lake Hugo Independence Lauderdale Litllll C$nadil Mahtcrnedl Medina New Prague Newport Norwood Young A O~ Grove Oak Pllrk Heignts Orono Oli.:leQ Rockford Sho/ewoOd Spring lake Par\( SI. Anthony Sl. Fr;nei$ St. Paul Park Victoria Watertown W:lYz~ 40Jreglstratlon tee 12e1excav p~rm[t eity has more nf based on COst l'I.lI 500 varies by size nBl na na 100 F'ermit 60 01 city has detail 1'1:1 na not allowed at all 50le~clvltion 25/obslrUction city has detail Ie$!ore to previou5 cond~ion of na 120Q$tleonlt 225esttundrgrd consl. :200011'11'1 na nf issue in c!isel,l$$ion 10 be established nil 7~ I'll 40 5El 40 ns determ. by replaemMt. COil! of job if not completed na M$ na CITIES 10,000 . :20,000 Andover 200lexcavating per add'l paved area/30 unpaveg!15 tae city for detail 1011 OO1t 20/road croAslngs :201,:ler pit 20-200 depending on si<;e 30 + 760 bond 50 15ldriveway, Sidewalk curb na 71) AnoKa Chanhassen Chl$ka Columbia Heights Hastings Hopkins Wno L.akes Mendota Heights 61 Mounds View North St. Paul ~l'icr Lake RliImsey ~Qbbinsdale Rosemount Sa\la~e SlIakol)ee Stlltwater Vadnais Height: Wellt st. Paul P.02/04 121) J:lII.lS 25 reg fee olty has detail 250 ria 30 50 to be determined city has det:liJ 5.000 bond/tearing up street olMrwiS! It dependS 50/annual fee + 150Tlineal fI es ft )\ .04 permit based on value + licen!!e CITIES OVeR 20,000 Apple VlIIley SO Blaine 10 Bloomington CIty i'\u datl'lil Sroeklyn Center 100(permlt Brooklyn Pari< nll Burn$\lil~ 75 Coon Rapids calcuJatecl on type Of work :md :na disturbtd Cottage Greve C'Y$tal Eagan E:den F'raine !:dina Fridley Inver Grove Hgts. Lakevllle Maple Grove Maplewood MinneapOlis Minnelonka Ntw E1figl'1ton New Hcpe O..kdale Plymouth RiehfiClld ~osevllle Shole\liew South St. Paul SI. Paul Whitlt Bllar lake na 17.50 + 17,SCI- minimr.lm 35 varies 25 16,30/100I.f. city has detail elly nili detail 25 na 25 n~ r,a ~/elJble 2!ga$ na 50/aMIJal permit 501exc.avOltiQn ptrmn city has detail nf 100/holll100lea 100 ft of trench 150/hole 1 00/131 66 ft or trench + .04iOlclcl'lft n. na 4(t$$. P/120 ft p/day eomm. $rp/120 ft pJ~ na JAN-21-2003 13:46 LEAGUE OF MN CITIES P.03/04 ;.,; permie granted to ~ tel.communioations right-or-way user, with or without fe~ refund, in the event of a substantial breach of ths termB and conditions of statute, ordinance, rule, or re~ulation or any material condition ot the permit. A substantial breach by a permittee inelude~, but is not limited to, the following: (1) a material violation ot . provision of the right-of-way permit; (2) an evaaion or attempt to evade any material provision of the right-or-way permit, or the pe~petration or attempt to perpetrate any fraud or deceit upon the local government unit or i1:1O: I::itizens; (3) a material misrepreeentation of fact in ths right-ai-way pe~mit applioation; (4) ~ tailure to complete work in a timely manner, unle~5 a pe~mit exten5ion is obtained or unless the failure to complete work is due to re~$ons beyond the permitteer~ control; ana (!) ~ failure to correc~, in a timely m4nne~, work that does not conform to applicable standard~1 conditions, or codes, upon in3pe~tion and notification ~y the local ~overnment unit of the taulty condition. (d) Subj~ce to this subdiv~sion, a local government unit may not deny an application for a right-or-way permit ~O~ failure to inclu~e a project in e plan aubrnitted to the local government unit under subdivision 2, paragr_ph (~), olause (2), wh~n the teleco~~nications right-oi-way user has used commercially reasonable effort~ to anticipate and plan for the project. (~) In no event may a local sovernment unit unreaeonably withhold approv~l of an application for a right-of-way permit. or unreasonably revoke a permit. Subd. 5. App8a~. A telecommunications right-oE-way user that: (l) has been denied registration; (2) has b~en denied a right-ot-way permit; (3) haa had its right~of-way p~rmit revoked; or (4) believes that the fees imposed on the user by cne local governm.ne unit do not conform to the requirements of 5ubaivi6ion 5, may hav~ the denial, revocation, or tee imposition reviewed, upon written request, ~y the governing ~ody of the local government unit. The governing body of the local sovernment unit shall act on a timely written ~e~uest at its next regularly schaduled meeting. A decisio~ by the governing body affirming the deni~l, revocation, or fee imposition must be in writing and $upported by written findings establishing the reasonableness of the decision. Subd. 5. Pees. (a) A local government unit may recover its right.of-way management costs by impo~lng a fee for resi~tration, a fee for each right-ot-way permit, or, when appropri~te, a fee applicable to a particular telecomm~nication5 right-Of-way user when that user ca~ses the 10c.l government unit to incur costs as a result of actions O~ inactions of that user. A local government unit may not recov~r from a http://www.revisor.leJ~.state.mn.us!stars/237!163.html 1 /1 '7 f'j ()f)~ JAN-21-2003 13:47 LEAGUE OF MN CITIES P.04/04 telecommunications right-of-way ~sar C05tS caused by another ancity's activiey in the right-of-way. (b) Fees, or other right-of-way obligations. impose~ by a local gov~rnment unit on telecornmunicaeicns right-of-way users unde~ this section must be: (1) based on the actual costs incurred by the local government unit in managing the public righe-of-way; (2) based on ~ allocation among all users of the public right-of-way, including the local government unit itself, which shall reflect the proportionate coets imposed on the local government unic by each ot the variou~ types of uses of the public rights-of-way; (3) imposed On a competitively neutral basis; and (4) i~po~ed in a manner so that aboveground use~ of pUblic rignta~of-way do not bear ao;ts incurrea by the lo~al government u~it to regulate underground uses ot public right~-of-way. (e) The rishts, d~ties, and o~li9ation& regarding the Use of th~ public right-of-way impo~ed under this 5ection must be applied to all users or the public right-of-w~y, including the local government unit while reco9nizin~ regulation muse reflect the distinct engineering, construction, operation, m~intenance and public and worker safety require~ents, and standarQ$ applicable to v.rious U6ers of the public ~i9ht~-of-way. For usere ~ubject to the franchisins authoriey of a local government unit, to the extent those rights, duties, ana obli~ations are addr~aeed in che terms ot an applicable franchise agreement, the terms of the franchise ahall prevail over any conflicting provision in an ordinance. Subd. 7. Additi~al :~ght-of~w.y provi$icn~. (a) ~n managing ehe public right5-of~way and in imposing fees under this section, no local government unit may; (1) unlaWfully discriminate among telecommunications right-of-way users; (2) srant a preference to any telecommunications right-of~way user; (3) create Or erect any unreasonable r@quirement tor entry to the PUblic ri9ht6~of-way by telecommunications right-of-way users; O~ (4) require a telecommunications rigbe-of-way user to obtain a franchise or pay for the use of the right-of-way. (bi A telecommunications right-of-way user need not apply for or obtain right-of-way permits for facilieiee th~t are loca~eQ in publie rights.of-way on May 10, 1~~7( for wh~eh the user has obtained the required consent of the loc~l government unit, or ~bat are otherwise lawfully Occupying the public ri~ht-ot~way. HowGver, the telecommunic4tions right-of-way us@r may be requi~ed to register and to obtain a risht-of~way p~rmit tor an excavation or obstruction of exieting facilicies within TOTAL P.04 MEMO DATE: January 15,2003 TO: FROM: RE: Honorable Mayor and Council Members Mary Capra Types of City Government Administrator or Manager (Plan A or Plan B) ...................................................................................... Background: Mayor Sweeney stated at our last meeting he would like to explore the possibility of changing our form of city government. Please find attached information pertaining to this issue for your review. Included: Types of city government Surrounding communities form of government Adoption or abandonment Election on optional plan Three-year minimum abandonment Filing election certificate Area cities form of local government 853 cities in Minnesota Four type of City Government Standard plan 130 cities Elected clerk PlanA 600 cities, including Centerville Appointed administrator (clerk) Plan B 16 cities Appointed manager Home Rule Charter 107 cities Appointed administrator (clerk) or manager More info League of MN Cities at 651-281-1200 Lexington Centerville Circle Pines Hugo Mahtomedi Vadnais Heights Forest Lake Stillwater Lino Lakes White Bear Lake Blaine population 2,200 population 3300 population 4,600 population 7,200 population 8,000 population 13,000 population 14,700 population 15,600 population 17,300 population 26,000 population 46,000 Administrator Administrator Administrator Administrator Administrator Administrat or Administrator Administrator Administrator Manager Manager Plan A Plan A Plan A Plan A Plan A Plan A Plan A PlanA Home Rule Chalier PlanB Plan B 412.541 Optional plans. Subdivision 1. Optional Plan A. Any statutory city may provide for the appointment of its clerk and treasurer, or clerk-treasurer and the election of an additional council member as hereinafter provided in this chapter. These departures from the standard form of government are referred to hereafter as Optional Plan A. Subd.2. Optional Plan B. Any statutory city of more than 1,000 population may provide for the council-manager plan of government hereinafter provided in this chapter and referred to as Optional Plan B. Subd. 3. Repealed, 1967 c 289 s 18 Subd.4. Adoption or abandonment; standard form. Any one of such plans may be adopted or abandoned in a city by following the procedures set forth in section 412.5?1. Until the adoption of an optional plan, and except as provided in section 412.57~, every city shall operate under the standard form of government earlier provided in this chapter under which the voters elect the treasurer, if there is one, and a council consisting of a mayor, three or five council members, and the clerk or clerk-treasurer. 412.551 Election on optional plan. Subdivision 1. One plan per election. The council may, and upon petition therefor signed by voters equal in number to at least 15 percent of the electors voting at the last previous city election, shall, submit to the voters at a regular or special election the question of adoption by the city of Optional Plan A or B. Only one plan shall be so submitted at anyone election, except that any such plan shall be submitted at the election on incorporation of a city if the incorporation petition so requests and the population of the proposed city, when the submission of Optional Plan B is proposed, is more than 1,000. No plan, except a Home Rule Charter submitted under chapter 410, shall be submitted in any city in which another optional plan is already in effect until the latter plan has been in effect for at least three years. Subd.2. Form of ballot. The proposals for the adoption of optional plans shall be stated on the ballot substantially as follows: "Shall Optional Plan A, modifying the standard plan of city government by providing for the appointment by the council of the clerk and treasurer be adopted for the government of the city?" "Shall Optional Plan B, providing for the council-manager form of city government, be adopted for the government of the city?" If the city has combined the offices of clerk and treasurer, the word "clerk-treasurer" shall be substituted for the words "clerk and treasurer" in the question on the ballot on adoption of Optional Plan A. In any of these cases, the question shall be followed by the words, "Yes" and "No" with an appropriate square before each in which a voter may record a choice. Subd. 3. Adoption. If a majority of the votes cast on the question of adoption of Optional Plan A or B is in the affirmative, the plan so voted upon shall be adopted in the city and, once placed in effect as subsequently provided in this chapter, shall remain in effect until abandoned by a similar majority at subsequent election at which the question of abandonment or adoption of another optional plan is submitted. Subd. 4. Three~year minimum; abandonment. At any time more than three years after the adoption of an optional plan in a city, the question of abandonment of such plan may be submitted to the voters, in the same manner as provided in the foregoing sections for the submission of the question of adoption, except that in the statement of the question on the ballot, the word "abandoned" shall be substituted for the word "adopted." If a majority of the votes cast on the question is in favor of abandonment, the plan shall be abandoned; and, subject to the special provisions for transition back to the standard form of government contained in subsequent sections of this chapter, the standard plan of government shall be resumed in the city and all the provisions of law applicable to cities in which an optional plan is not in operation shall henceforth apply to the city. Subd. 5. Filing election certificate. Whenever the question of adoption or abandonment of an optional plan is submitted in any city and results in a majority vote in favor of the question submitted, the clerk shall promptly file with the county auditor and with the secretary of state a certificate stating the date of election, the question submitted, and the vote on the question. TO: Honorable Mayor and Council Members FROM: Kim Stephan SUBJECT: Parks and Recreation Committee Update DATE: January 16, 2003 The Parks & Recreation Committee have requested the City Administrator direct staff to send letters to the residents in the area of Royal Meadows Park notifying them of a neighborhood input meeting to discuss possible changes to Royal Meadows Park. This will be held at the February 5, 2003 regularly scheduled Parks & Recreation Committee meeting at 6:30 p.m. The committee is considering recommending to council that the play structure currently at Royal Meadows Park be moved to Laurie LaMotte Park and the basketball area at Royal Meadows Park be enlarged. The committee would like to get ,ommunity input on this idea. :he following is from the December 4, 2002 Parks & Recreation ConnulUte Meeting Minutes in regards to Royal Meadows Park: Roval Meadows Public Input Hearing Committee Member Walter drafted a letter to potentially be sent to the residents near Royal Meadows Park informing them of the possibility of moving the play structure from the park, adding an additional basketball hoop and the reasons for considering this move. Some residents have already expressed concern, recognizing there are problems in the park, but at the same time would not like to see the equipment moved as there are small children who use the play structure. The goal was to send a letter to residents in January notifying them of the public input hearing and holding the hearing in February. There are some changes to be made to the letter. This item was tabled and put back on the agenda for January. Attached is a copy of the draft letter to be sent to residents. January 6,2003 <<<<AddressBlock>>>> <<<<GreetingLine>>>> In an effort to have Royal Meadows Park meet the needs of Centerville and the surrounding homes, the Parks & Recreation Committee would like your input on potential changes and/or improvements to Royal Meadows Park. Currently, the committee is exploring adding a larger play area to the basketball court at Royal Meadows Park. The current basketball area would be expanded into a full court. The city is considering moving some, or possibly all, of the existing play structure from Royal Meadows Park to Laurie LaMotte Memorial Park. This will provide adequate space for enlarging the basketball area at Royal Meadows Park. The Parks & Recreation Comnd'tf would like you and your neighbors to join us on DATE to discuss opporhmities for improvements to Royal Meadows Park, allowing Centerville and its residents to get the most out of our parks. Thank you, The Parks & Recreation Committee of Centerville *************** if Till !"'D 4......041 ~y '* ''''0 .I~ '* if February 7& 8, 2003 * if Tal tOOll!T, Mon IIIAItTWAItMINC if if Dr" 111I CrlllTlltl'lllr ~y *************** . Skate Night (Children and Adults) . Bonfire, Hot Cocoa & Popcorn . Horse Drawn Hay Ride · Stargazing Lessons for the Family . Frozen 5k Run / Walk - 9:00 a.m. at Laurie LaMotte Park / Register at Race . Ice Fishing Contest- 11:00 a.m. to 2:00 p.m. . Golf on Ice for the Entire Family - 12:00 - 4:00 p.m. · Snowshoe Demonstrations, Races and More! ! · Bonfire, Scavenger Hunt & Snow Sculpture · Coloring Contest - Mainstreet Bank . Softball on Ice Tournament . Pig Roast . Volleyball Tournament - 12 :00 p.m. . Live Music at Kelly's Komer - 9:00 p.m. DG"'T Illl'T GUT '" Till fetiD! 'GR MGRI ''''GRMIT'G" 011 fIn'III11651-429-1212 E\T~.If-',ts MEMO DATE: January 14,2003 TO: FROM: RE: Honorable Mayor and Council Members Mary Capra City Festival - Parade and Fireworks ...................................................................................... Background: The previous council made a decision to support the city festival with a flat amount of$10,000.00, which the council stipulated was only to be used to fund the parade and the fireworks. This decision was decided upon due to these two events are free to the residents and visitors to enjoy. It was the previous council determination this was a fair decision and eliminated the cities financial responsibility in all other events during the festival. Actions Taken: · The previous council did budget $10,000.00 in the 2003 budget for this event. · The parade committee chair Mr. John Thill presents each year to the city council a detailed budget and the parade has always come in at or below their budget. · Mr. Thill has been working to make the parade a success for the past ten years. He and his parade volunteers have brought it to what it is today. I have spoken and asked Mr. Thill if he would be willing to organize the parade again this year and he has stated he would if his budgeted amount is the same as last year. Actions for Consideration: · The city would need to approve the disbursement of funds to the Centerville Lions Organization with the stipulation it is to be used to fund the parade and fireworks. · The Centerville Lions Organization will submit to the City an accounting of where the monies have been spent. · Last year the council approved the balance remaining from the parade budget (I believe it was about $650.00) for the purchase of parade route flags so the city would not have to borrow flags from the City of Forest Lake. If the council desires I would ask this request be reaffirmed for Mr. Thill. Ii' CHIEF'S REPORT DECEMBER 2002 Several department employees and I on December 3rd and 4th served as bell ringers for the Salvation Army at Festival Foods in Lexington. $826+ dollars in donations were received on those two dates. The following staff volunteered their time-Deputy Chief Makela, Adm. Sgt. Nelson, Cpl. McCarty, Officer Aldrich, Officer Corlew, Reserve Officer Woods and Adm. Asst. Rismoen. Thanks to all who participated in this community oriented policing event. On. December 17th Cpl. Jensen opened his home to the department for a holiday gathering. Those attending received a full course dinner with all the trimmings prepared' for us by his entire family-quite an undertaking! Thank you Mike and family-it was a great evening! Several officers and staff were able to take time off during the month to celebrate the holidays with their families. I was no exception. Beginning with my son-in-Iaws concert at the Xcel Energy Center on December 20th, we had family, friends, and officers in our home for "10" days of Christmas. Total time off during December included 44 days of vacation used, 13 holidays, 10 comp days and 8 1f2 sick days. Meetings I attended during the month included our regularly scheduled commISSion meeting, a department meeting and training session on the new state accident report, Anoka Co. emergency management, Centennial community network, Anoka Chiefs with Deputy Chief Makela, Adm. Asst. Rismoen and Records Tech Lewis, two Anoka County Joint Law Enforcement Council sub committee meetings (Communications committee and 800 :MHz T AC) and several meetings with officers and professional assistants. /# ~ Centennial Lakes Police Department 200 Civic Heights Circle, Circle Pines, MN 55014 (763)784-2501 Fax (763) 784-0082 AGENDA FOR THE CENTENNIAL LAKES JOINT POLICE COMMISSION JANUARY 8, 2003 CIRCLE PINES CITY HALL THE MEETING WILL CONVENE AT 7:00P.M. 1. CALL TO ORDER. .2. ROLL CALL. 3. PUBLIC FORUM - 7:05p.m. 4. COMMISSIONERS' COMMENTS. 5. CONSENT AGENDA - Consent Age~da items will be acted on with one motion unless a Commissioner requests their placement on tn.e regular agenda. A. Approval Of Minutes of _ December 12, .2002, Regular Commission M~eting - Page 4: B. Monthly Financial Report - December, 2002 - Page 9. C. Ratification Of December 2002, Expenses - Page 1~. .6. ACTION ITEMS: A. Commis~ion Make Up Task Force Report. B. Jail T~ansporting - Page 20. C. LMC Intern Response - Page 21. D. Reserve Officer -Page 23. 7. MISCELLANEOUS ITEMS: A. Building Upda~e. c2, ,i' Jan 9, 2003 Page Two -B. Future Agendas. C. ~lanning Session - Page 24. D. Three Year Salary Histories And 2'70 For 2003 -Page 25. E. Monthly Activity Report - November, 2002 - Page 26. F. Monthly Department Summaries - December, 2002 - Page 28. G. Cancellation of Holiday Party. 8. ADJOURNMENT 3..'- -- * - -..0- - .... Joel Heckman From: To: "Swedberg" <mayacato1@netscape.net> < kvar121 @aol.com>; <"""jheckman"@centenniaIlakespd.com>"@inbound- mx6.atI. registeredsite. com> Saturday, December 21; 2002 1 :23 PM Unapproved Minutes Police Commission December 12.doc December Minutes Sent: Attach: _ Subject: Joel and Karen, ~ Attached are the December Meeting Minutes. My last official act. I want to let you know that the Centerville City Council approved the resolution at our December 19 Council Meeting and I created a capital improvements line item to pay for it. The vote was unanimous, but it took a bit of convincing on my part. There is always a reluctance to exceed a budgeted amount. I wish you both well and r look fonvard to the gathering in January. Have a very Merry Christmas and extend my best wishes to all the members of the Department! It is quite remarkable in my 2 years as Mayor-- not once have I had a complaint about the Police Department. Exceptional Indeed! Tim .' ~_.. 01/02/2003 "/. Unapproved Minutes Centennial Lakes Police Commission Meeting December 12, 2002 At Centerville City Hall Minutes prepared by Tim Swedberg 1. Call to Order The Meeting was called to order by Chair Karen Varian at 7:00 PM. 2. Rolf Call: (Members present were) Chair Varian Commissioner Lund Commissioner Simons Commissioner Heifort Commissioner Mahr Commissioner Pitchford Commissioner Grahek Commissioner Swedberg Commissioner Wright Ex Officio: Chief Heckman Commissioner Korst was absent 3. Public Forum No person was present to address the Commission 4. Commissioners Comments Commissioner Wright asked if the Commission would be meeting in January in Circle Pines as he notifies the Quad Press of the meeting dates. It was agreed that the meetings would rotate next to Circle Pines. Commissioner Mahr stated that several Commissioners in November attended a Police and Management Issues Seminar in White Bear lake sponsored by the League of Minnesota Cities. The information presented was very informative and ranged from impoundment of vehicles to Community Policing concepts. Commissioner Grahek noted that this is the last meeting for Commissioner Swedberg and thanked him for his service during the previous 2 years. Commissioner Swedberg thanked the Chief and Department and all of the Commissioners for their efforts during 2001-2002 with a special tjlanks and acknowledgement for the outstanding service to the citizens of Centerville by Commissioners Wright and Grahek. He stated it was a privilige to serve on the Commission and wished everyone a very Merry Christmas. 5 5. Consent Agenda Items on the consent agenda were: A. Approval of the Minutes of the November 14, 2002 Commission Meeting B. Approval of the Monthly Financial Report for November 2002 C. Ratification and Approval of the November 2002 Claims and Expenses Motion: Commissioner Pitchford made a motion to approve the consent agenda seconded by Commissioner Lund. The motion was unanimously approved with Commissioner Heifort abstaininQ on the approval of the November 14, 2002 MeetinQ Minutes. 6. Action Items A. Time Savers Secretarial Contract The Chief presented the information he received from Timesavers and he remarked how thorough they were and recommended approval of the contract. The Commission realized this was a bit more money than had been budgeted, but welcomed the ability for the contractor to provide the service even when the assigned recording secretary might be absent. Motion: " . " CornmiSSfonet Grahek made a motion to approve the contract between.the Commission and Time Savers for secretarial and minutes services seconded by Commissioner Swedberg. The motion was unanimouslv approved. B. Non-union Salaries, Commission Contract for 2003 The Commission took no action nor recommended a course or action pending further discussions on compensation and benefit packages until the Union contract is determined on or about January 27. Action Item: Commissioner Mahr asked for past trends and comparisons in compensation and benefits to be made available to the Commission at the scheduled January meeting. Motion: Commissioner Heifort made a motion to deiay the approval of the saiary and benefits package for Non-Union employees until the Union contract is approved seconded by Commissioner Lund. The motion was unanimously approved. C. Commission Make-up - Task Force Report Chair Varian reported that the Task Force had not completed it's report and could not offer further comment as the report is intended to be released simultaneously to the Commission and City Councils. 0. 7. Miscellaneous Items A. Monthly Activity Report Chief Heckman noted that Officer Corlew had finished field training and was patrolling on his own and Officer Arnson should finish field training by mid January if not sooner. B. Monthly Department Summaries No comment or discussion. C. Letter of Response from Automedics The Chief referenced the letter contained in the Commission Packet and noted that Automedics had agreed to the changes after discussions with the Chief. The Chief is looking forward to our association with Automedics for towing services. Commissioners engaged in a discussion about forfeitures of vehicles based on information at the League of Minnesota Cities November Seminar in White Bear Lake. The Chief explained that state law is poorly written. The Chief and other Police Chiefs have tried to eliminate the liability issues to Departments at the state legislature. In summation, although forfeiture can be costly to a city if overturned in the courts, Cities are liable if a subsequent crime is committed by releasing an impounded vuhicle. D. Letter to Cities Reference Police Facility The Chief expressed thanks for the background letter, documentation, and resolution presented to the City Councils for adoption. The Chief remarked thaf the Department as a whole was grateful. Commissioners asked for clarification of the sample resolution and Commissioner Swedberg stated that the resolution was intended to: · State the issues as presented by employees · Identify that there are immediate health and safety issues and longer term facility needs. · Alert Councils to the fact that expertise to examine the questions must be obtained outside the Department · Request authority to exceed the 2003 CLPD budget for this purpose not to exceed a total cost of $30,000 prorated by the population of each City as required by the Joint Powers Agreement for non-budgeted expenditures Commissioner Swedberg stated that the cost of the consultant(s) is unknown and fheref1""\re fhQ rOS1""\!J ,fi1""\.... nr1""\\VirloS f1""\r "....1""\f f1""\ Qvt"'oorl" as a ""1""\Sf ""an The a,...h ,.,,1 ""1""\C'"fC'" \.II I IVI \.IIV'I ""' '-'I\.ALIVII 1'-'1 V IU"-,,, IVI IIV,- LV ......Av""'VY VV Lv J-.-'- I II v.......U::U vV":'l":' may be far less than the maximum cap, but may not exceed the cap. Commissioners expressed a wide range of views that included: · The need to control costs that are averaging better than 1 0% for police services · The lessor of the existing facilities needs to address health and safety issues before contracting · Who will the Commission turn to for legal advice on the lease? 7~ . Recognize that substation and other support facilities have been provided to the police department . Recognize that this motion is a method to get each community involved in solving the problems . The funding formula, as it exists, is a problem for some communities . Recognize that employees have put the Commission on notice of health and safety issues and that no action is not appropriate . The questions about mold have been previously addressed and dehumidifying recommendations were made, but did the Department comply with those recommendations for dehumidifying equipment? . Health concerns are the first priority issue If each City adopts the resolution the Commission will have additional 2003 budget authority. E. Letter for Deputy Chief Reference Intern Stipend Action Item: Although the Commission took no action on the request, the Commission directed the Chief seek legal opinion and inform the Commission at the January 2003 meeting. 8. Adjournment Motion: Commissioner Mahr made a motion to adjourn seconded by Commissioner Simmons. -",-- The motion was unanimouslv approved. ///' . \ /. / ' .r / r7 . ,,-_", 10' l -. -.. t 7\!"'.O pI!" ,..S...... Y/'7 ;.1'A^ ~- \/ i..-.; I sme or aalournmen was No IVI "" I. () ~v j/'"'fY-' .c:.-Ji.~!\i ./ '- v 'I/i I trust these minutes are an accurate record of the Cenntennial Lakes Police Commission meeting of December 12, 2002. Sincerely and with best wishes for continued s,uccess, 7iffl S~ Centerville y CENTENNIAL LAKES POLICE DEPT BALANCE SHEET DECEMBER 31,2002 POLICE GENERAL FUND ASSETS 901-10100 CASH-US BANK 901-10110 CASH-4-M FUND 901-10115 INVESTMENTS 4-M 901-10120 CASH-EXPLORERS POST 901-10200 PETTY CASH 175,464.17 1,788.10 100,000.00 1,276.27 50.00 TOTAL ASSETS 278,578.54 LIABILITIES AND EQUITY LIABILITIES 901-20200 ACCOUNTS PAYABLE 901-21600 SALARIES-PAYABLE 901-21650 BENEFITS PAYABLE 22,725.68 6,574.00 12,323.00 TOTAL LIABILITIES 41,622.68 FUND EQUITY 901-24000 DESIGNATED FUND BAL-BENEFITS 901-25320 UNRESERVED FUND BALANCE REVENUE OVER EXPENDITURES - YTD 140,000.00 52,918.99 44,036.87 TOTAL FUND EQUITY 236,955.86 TOTAL LIABILITIES AND EQUITY 278,578.54 q CENTENNIAL LAKES POLICE DEPT REVENUES WITH COMPARISON TO BUDGET FOR THE 12 MONTHS ENDING DECEMBER 31,2002 POLICE GENERAL FUND PERIOD BUDGET % OF ACTUAL YTD ACTUAL AMOUNT VARIANCE BUDGET CONTRACT REVENUES 901-31-1210-000 CIRCLE PINES CONTRACT 47,717.91 572,614.92 572,615.00 .08 ) 100.00 901-31-1220-000 LEXINGTON CONTRACT 36,496.95 437,963.40 437,963.00 .40 100.00 901-31-1230-000 CENTERVILLE CONTRACT 35,510.55 426,126.71 426,127.00 .29 ) 100.00 901-31-1240-000 TRI-CITY START UP .00 .00 .00 .00 .00 TOTAL CONTRACT REVENUES 119,725.41 1,436,705.03 1,436,705.00 .03 100.00 INTERGOVERNMENTAL AIDS 901-33-3105-000 GRANTS-FEDERAL COPS FAST .00 37,500.00 37,500.00 .00 100.00 901-33-3110-000 GRANTS-NEW COPS (SMALL COMM) .00 .00 .00 .00 .00 901-33-3115-000 GRANTS-COPS MORE (EQUIPMENT) .00 .00 .00 .00 .00 901-33-3120-000 GRANTS-STATE SNOWMOBILE .00 .00 .00 .00 .00 901-33-3125-000 ANOKA COUNTY GRANTS .00 .00 .00 .00 .00 901-33-3130-000 STATE TRAINING REIMBURSEMENT ,\..0 6,363.37 5,500.00 863.37 115.70 901-33-3133-000 STATE GRANTS/REIMBURSEMENTS .00 1,616.73 .00 1,616.73 .00 901-33-3135-000 COPS FAST GRANT (PRIOR) .00 .00 .00 .00 901-33-3140-000 SMALL COMMUNITIES GRANT .00 .00 .00 .00 .00 901-33-3170-000 DARE FUNDS- CENTENNIAL SC/PTA .00 3,500.00 .00 3,500.00 .00 TOTAL INTERGOVERNMENTAL AIDS .00 48,980.10 43,000.00 5,980.10 113.91 PUBLIC CHARGES FOR SERVICE 901-34-4110-000 COPIES/REPORT RECORDS/NOTARY 406.72 1,311.02 2,000.00 688.98 ) 65.55 TOTAL PUBLIC CHARGES FOR SERVICE 406.72 1,311.02 2,000.00 688.98 ) 65.55 MISCELLANEOUS REVENUES 901-36-6210-000 INTEREST ON INVESTMENTS 295.72 2,242.16 1,250.00 992.16 179.37 901-36-6230-000 COMMISSION SALARY REIMB 400.00 3,200.00 7,200.00 4,000.00 ) 44.44 901-36-6233-000 SPECIAL EVENT REIMB .00 7,592.47 5,000.00 2,592.47 151.85 901-36-6235-000 MISCELLANEOUS 2,623.00 3,529.66 7,500.00 3,970.34 ) 47.06 901-36-6238-000 CLOSE EXPLORERS ACCOUNT .00 .00 .00 .00 .00 901-36-6240-000 VEHICLE & EQUIPMENT SALES 214.50 13,496.14 15,000.00 1,503.86 ) 89.97 901-36-6245-000 FORFEITURES 25.00 ) 3,084.34 5,000.00 1,915.66 ) 61.69 901-36-6250-000 DONATIONS .00 4,000.00 5,000.00 1,000.00 ) 80.00 901-36-6255-000 DONATION-LIONS .00 .00 .00 .00 .00 901-36-6260-000 DONATIONS-CRIME PREVENTION .00 .00 .00 .00 .00 TOTAL MISCELLANEOUS REVENUES 3,508.22 37,144.77 45,950.00 8,805.23 ) 80.84 TOTAL FUND REVENUE 123,640.35 1,524,140.92 1,527,655.00 ( 3,514.08 ) 99.77 FOR ADMINISTRATION USE ONLY 100 % OF THE FISCAL YEAR HAS ELAPSED 01/07/2003 12:03PM PAGE: 1 /0, CENTENNIAL LAKES POLICE DEPT EXPENSES COMPARED TO BUDGET BY EXPENSE CODES FOR THE 12 MONTHS ENDING DECEMBER 31, 2002 POLICE DEPARTMENT MTD ACTUAL YTD ACTUAL BUDGET VARIANCE % OF BUDGET POLICE OPERATIONS 901-42-2100-101 PO L1CE-SALARIES-FU LL- TIME 82,228.88 950,125.28 949,067.00 1,058.28 ) 100.11 901-42-2100-102 POLICE-SALARIES OVERTIME 1,895.00 29,658.54 40,000.00 10,341.46 74.15 901-42-2100-103 POLlCE-SALARIES-P ART-TIME 2,037.09 28,675.19 34,000.00 5,324.81 84.34 901-42-2100-106 POLICE-COMMISSION SALARIES 1,200.00 4,800.00 7,20000 2,400.00 66.67 901-42-2100-121 POLlCE-PERA 7,609.99 88,515.81 90,584.00 2,068.19 97.72 901-42-2100-122 POLICE-FICA 594.09 7,507.12 7,502.00 5.12 ) 100.07 901-42-2100-123 POLICE-MEDICARE 993.08 11,456.32 12,946.00 1,489.68 88.49 901-42-2100-130 POLICE-HEAL TH/L1FE/DISAB/DENTA 2,591.60 ) 93,691.53 93,568.00 123.53 ) 100.13 901-42-2100-131 SELECT ACCOUNT FEES 28.00 752.00 1,200.00 448.00 62.67 901-42-2100-140 POLlCE-RE-EMPLOYMENT INSURANCE .00 6,646.86 .00 6,646.86 ) .00 901-42-2100-150 POLICE-WORKERS COMP INSURANCE .00 19,626.00 20,000.00 374.00 98.13 PERSONNEL 93,994.53 1,241,454.65 1,256,06700 14,612.35 98.84 901-42-2100-201 POLICE-OFFICE SUPPLIES 654.19 4,282.21 5,000.00 717.79 85.64 901-42-2100-202 POLICE-CLEANING SUPPLIES 26.04 201.55 500.00 298.45 40.31 901-42-2100-203 POLICE-PRINTED FORMS 00 801.72 2,000.00 1,198.28 40.09 901-42-2100-211 POLlCE-INTOXIL YZER SUPPLIES .00 260.96 600.00 339.04 43.49 901-42-2100-212 POLICE-FUEL 1,745.47 18,081.27 24,000.00 5,918.73 75.34 901-42-2100-213 POLICE-OIL & LUBRICANTS .00 72.80 200.00 127.20 36.40 901-42-2100-214 POLlCE-ATV & SNOWMOBILE SUPPLY .00 52.35 300.00 247.65 17.45 901-42-2100-215 POLICE-AMMO & FIREARM SUPPLIES .00 2,389.02 3,000.00 610.98 79.63 901-42-2100-216 POLlCE-MEDICAUFIRE SUPPLIES 124.87 358.64 1,500.00 1,141.36 23.91 901-42-2100-217 POLICE-INVESTIGATION SUPPLIES .00 454.20 1,200.00 745.80 37.85 901-42-2100-218 POLICE-UNIFORMS 615.23 13,323.97 15,000.00 1,676.03 88.83 901-42-2100-219 POLICE-CRIME PREVENTION SUPPLY 500.00 931.62 1,000.00 68.38 93.16 SUPPLIES 3,665.80 41,210.31 54,300.00 13,089.69 75.89 901-42-2100-301 POLlCE-AUDIT/ACCTING SERVICES 515.00 8,496.00 12,000.00 3,504.00 70.80 901-42-2100-304 POLICE-LEGAL FEES .00 20.00 5,000.00 4,980.00 .40 901-42-2100-306 POLICE-PERSONNEL TESTING 1,500.00 3,910.07 2,500.00 1,410.07 ) 156.40 901-42-2100-309 POLICE-LABOR RELATIONS 1,907.50 1,907.50 1,500.00 407.50 ) 127.17 901-42-2100-312 POLICE-CONTRACT TYPING .00 560.00 960.00 400.00 58.33 901-42-2100-321 POLICE-TELEPHONE 884.25 7,144.64 7,000.00 144.64 ) 102.07 901-42-2100-322 POLICE-POSTAGE 405.47 1,445.08 1,500.00 54.92 96.34 901-42-2100-331 POLlCE-TRA VEUTRAINING 52.78 8,882.97 16,000.00 7,117.03 55.52 901-42-2100-351 POLICE-PRINTING & PUBLISHING .00 436.20 300.00 136.20 ) 145.40 901-42-2100-361 POLICE-PROPERTY/LIABILITY INS .00 23,879.00 28.000.00 4.121.00 85.28 901-42-2100-380 POLICE-UTILITIES 232.18 1,760.43 3,50000 1,739.57 50.30 901-42-2100-385 POLlCE-CJRS ACCESS .00 1,170.00 1,800.00 630.00 65.00 901-42-2100-386 POLICE-MDT ACCESS 784.00 4,941.41 4,50000 441.41 ) 109.81 CONTRACTED SERVICES 6,281.18 64,553.30 84,560.00 20,006.70 76.34 FOR ADMINISTRATION USE ONLY 100 % OF THE FISCAL YEAR HAS ELAPSED 01/07/2003 12:03PM PAGE: 1 ( I. CENTENNIAL LAKES POLICE DEPT EXPENSES COMPARED TO BUDGET BY EXPENSE CODES FOR THE 12 MONTHS ENDING DECEMBER 31,2002 POLICE DEPARTMENT MTD ACTUAL YTD ACTUAL BUDGET VARIANCE % OF BUDGET 901-42-2100-401 POLICE-BUILDING/GROUNDS MTC 182.50 1,706.40 2,200.00 493.60 77.56 901-42-2100-402 POLICE-OFFICE/SOFTWARE MTC 473.83 3,364.87 5,000.00 1,635.13 67.30 901-42-2100-403 POLICE-OFFICE EQUIP MTC CO NT .00 4,688.27 5,000.00 311.73 93.77 901-42-2100-404 POLICE-VEHICLE REPAIR & MTC 3,440.06 12,248.72 14,000.00 1,751.28 87.49 901-42-2100-405 POLICE-EQUIP REPAIR & MTC .00 440.14 1,500.00 1,059.86 29.34 901-42-2100-412 POLICE-BUILDING LEASE 924.00 11,088.00 12,000.00 912.00 92.40 901-42-2100-415 POLICE-VEHICLE LEASE .00 49,931.38 51,000.00 1,068.62 97.90 901-42-2100-417 POLICE-EQUIP LEASE AlC RECORDS 16,691.94 17,461.22 22,000.00 4,538.78 79.37 901-42-2100-433 POLICE-DUES .00 565.00 790.00 225.00 71.52 901-42-2100-435 POLICE-SUBSCRIPTIONS & BOOKS .00 192.18 500.00 307.82 38.44 901-42-2100-440 POLICE-BANK SERVICE FEES 34.16 540.35 500.00 40.35 ) 108.07 901-42-2100-495 MISCELLANEOUS .00 379.73 1,000.00 620.27 37.97 901-42-2100-498 DARE EXPENSES .00 3,034.12 .00 3,034.12 ) .00 MAINTENANCE 21,746.49 105,640.38 115,490.00 9,849.62 91.47 901-42-2100-550 POLICE-VEHICLE SETe, "' TRIM .00 11,414.19 10,000.00 1,414."19 ') 114.14 901-42-2100-570 EQUIPMENT .00 15,831.22 22,200.00 6,368.78 71.31 ."--- ----- CAPITAL OUTLAY .00 27,245.41 32,200.00 4,954.59 84.61 901-42-2100-900 CONTINGENCY FUNDS .00 .00 1,800.00 1,800.00 .00 CONTINGENCY .00 .00 1,800.00 1,800.00 .00 TOTAL POLICE OPERATIONS 125,688.00 1,480,104.05 1,544,417.00 64,312.95 95.84 TOTAL POLICE GENERAL FUND 125,688.00 1,480,104.05 1,544,417.00 64,312.95 95.84 FOR ADMINISTRATION USE ONLY 100 % OFTHE FISCAL YEAR HAS ELAPSED 01/07/2003 12:03PM PAGE: 2 /~. CENTENNIAL LAKES POLICE DEPT Check Register -POLICE GL Posting Period(s): 12/02 -12/02 Check Issue Date(s): 12/13/2002 - 12/30/2002 Page: 1 Dee 30,2002 12:19pm Per Date Check No 12/02 12/13/2002 4236 12/02 12/13/2002 4237 12/02 12/26/2002 4238 12/02 12/27/2002 4239 Totals: Vendor No 30775 50220 30775 30775 Payee CIRCLE PINES PAYROLL ACCOUNl EXACT DOOR SERVICE, INC CIRCLE PINES PAYROLL ACCOUNl CIRCLE PINES PAYROLL ACCOUNl Amount 53,200.34 M 74.00 M 42,045.79 M , 112.00 M 95,432.13 M = Manual Check, V = Void Check 13, .,- E D.. 0) ill;: OlN (0.,- 0... N 0 0 NNNN N N 0 0000 0 0000 0 0 0... NNNN N (") -- -- -... -.... ?i u <D 1'-(") (") CD <D ro N~'\"""'N .,- -- -- -- -- N 0 0 NNNN .....-~ ~.....- .,- -0 OLDO)O) (") 0 0 om O~~": .,- Cl 0 0... N"<!"LDLD a:i -q- -q- C .,-"<!"LD-q- LD I'- I'- :::l .,-0:)(")0 (") 0 aNN LD E .,--q-"<!" 0) <( E Ol.OO)O) (") 0 0 O~O:)I'- 0 0 <( N-q-L!)LD a:i -q- -q- > .,-"<!"L!)"<!" 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U f-I- 0 CENTENNIAL LAKES POLICE DEPT Check Register -POLICE Page: 1 GL Posting Period(s): 01/03 - 01/03 Jan 07, 2003 11 :50am Check Issue Date(s): 01101/2003 - 01/09/2003 Per D.ate Check No Vendor No Payee Amount 01/03 01/02/2003 4240 40300 DELTA DENTAL 692.40 M 01/03 01/02/2003 4241 160140 PEl P 10,241.20 M 01/03 01/02/2003 4242 210235 UNITED WISCONSIN GROUP 150.43 M 01/03 01/02/2003 4243 40345 DEPUTY REGISTRAR #150 9.50 M 01/03 01/09/2003 4244 10290 PATRICK ALDRICH 104.98 01/03 01/09/2003 4245 10750 ANOKA COUNTY 392.00 01/03 01/09/2003 4246 10793 ANOKA COUNTY 16,617.94 01/03 01/09/2003 4247 11500 ARMORED FIRE, INC 12.78 01/03 01/09/2003 4248 11515 SCOTT ARNTZEN 125.00 01/03 01109/2003 4249 11653 AUTO-MEDICS INC 19.15 01/03 01/09/2003 4250 20150 DALE BERNARDY 125.00 01103 01/09/2003 4251 30060 CP OFFICE PRODUCTS 229.11 01/03 01/09/2003 4252 30075 CAMPION, BARROW & ASSOC. INC 1,500.00 01/03 01/09/2003 4253 30480 CENTENNIAL UTILITIES 67.89 01/03 01/09/2003 4254 40300 DELTA DENTAL 692.40 01/03 01/09/2003 4255 120105 LABOR RELATIONS ASSOC., INC. 1,907.50 01/03 01/09/2003 4256 130204 ROBERT A MAKELA 111.14 01/03 01/09/2003 4257 130480 MICK'S MOBILE LOCKSMITH, INC. 55.00 01103 01/09/2003 4258 130708 MINNCOMM PAGING 43.96 01/03 01/09/2003 4259 130764 MN CHIEFS OF POLICE ASSOC. 225.00 01/03 01/09/2.'02 4260 130798 MN DEPT OF ADMINISTRATION 37.00 01/03 01/09/2[)O~; c.261 130900 MINNESOTA LAWYER 195.00 01/03 01109/2003 .,262 160100 PLEAA 30.00 01/03 01/09/2003 4263 160140 PEl P 10,241.20 01/03 01/09/2003 4264 160200 PERFORMANCE AUTO, INC 558.32 01/03 01/09/2003 4265 160475 POLAR CHEVEROLET & MAZDA 68.98 01/03 01/09/2003 4266 170180 QWEST 55.30 01/03 01/09/2003 4267 180150 RED ROOSTER AUTO STORES 87.33 n1/!"\? 01/09/2003 4268 190201 S.AMARITAN TIRE-WHOLESALE 834.00 u I/Vv 01/03 01/09/2003 4269 190257 SELECT ACCOUNT 500.00 01/03 01/09/2003 4270 210235 UNITED WISCONSIN GROUP 150.43 01/03 01/09/2003 4271 220200 VERIZON WIRELESS 212.51 Totals: 46,292.45 M = Manual Check, V = Void Check /0, .,- E (lj 0 .. 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Heckman Centennial Lakes Police Department 200 Civic Heights Circle Circle Pines:MN 55014 763-784-2501 iheckrnan@centenniallakespd.com January 3,2002 To: Centennial Lakes Joint Police Commission Re: Intern Stipend At our regularly scheduled December meeting, I was requested to research the stipend suggested for our summer intern Jon Forsythe. Deputy Chief Makela contacted the League of Minnesota Cities (LMC) and spoke with Senior Employment Attorney Patricia Beety. Deputy Chief Makela shared with Ms. Beety circumstances surrounding Jon's internship. Per Ms. Beety, a stipend for intern Jon Forsythe is legal and FLSA employment guidelines do not apply. A copy of an e-mail sent to Deputy Chief Makela is attached. I therefore respectfully request approval of check # 04210 to Jon Forsythe for his summer internship. Thank you. ~"/'" , ~<</ II c2/~ l'age 1 or 1 Bob Makela From: To: Sent: Subject: "Beety, Pat" <PBeety@LMNC.ORG> <8makela@centenniallakespd.com> Friday, December 27, 200212:58 PM research requested As we discussed this morning, the FLSA does not apply to certain student internships, and therefore a stipend paid to the intern would not be subject to the wage provisions contained in the Act. The FLSA definition of employee is found in 29 U.S.C. 203(e)(1). The definition is somewhat vague, but Department of Labor (DOL) opinion letters are more specific on the issue. Main factors to consider are 1) the validity of the internship program as an educational experience; and 2) whether the primary benefit from the relationship f!ows to the learner or to the alleged employer. As a rule, the DOL will not consider students to be employees when they are involved in education or training programs that are "designed to provide students with professional experience in furtherance of their education and training and are academically oriented for their benefit" (Wage and Hour Opinion Letter, Jan. 28, 1988). Please let me know if you require anything further. This email has been scanned for all viruses by the MessageLabs SkyScan service. For more information on a proactive anti-virus service working around the clock, around the globe, visit http://www.messagelabs.com 12/31/2002 ;<;<, Corporal Mike Jensen Centennial Lakes Police Department 200 Civic Heights Circle Circle Pines, MN 55014 (763) 784-2501 01-03-2003 Chief Heckman Reserve application; Karen Miller Chief Heckman, Karen Miller applied for the Centennial Lakes Police Reserve Unit. I have completed a criminal history, driver licenses check and a back ground check. The criminal history was clear and no violations on her driver license check. I spoke with her neighbors and everything was positive. On 12-11-02 at 1900 hours Karen Miller had an jllterview with the Police Reserves along with myself. The intervi,:w wenl well and all plc:smt voted to accept her application in to the Reserve Unit. I'm reqlJestlng that Karen Miller be hired as a Centennial Lakes Police Reserve. If you have any questions please ask. Corporal Mike Jensen 106 A~J ~i. fv11l?1I},( (MJ? li- ,;V' J~ ~ pe(r /fJ ff A6~ ONE DAY PLAN"NING SESSION A COl\1MUNITY DIALOGUElNCORPORATING COMMISSION ADOPTED GOAL SETTING For citizens, police and commission to interact To present a thumbnail sketch of the multitude oftasks our officers perform ill the community (officers and staff have agreed to speak 5-10 minutes on their individual responsibilities) To teach the officers the value of asking the public their opinions To teach citizens thatthe police and commission value their input To garner su,pport for police/commission initiatives To obtain citizen input into attracting continued support, operational feasibility, value to community (test of goals and objectives) invited as well as local media. (Quad Press, North Metro Cable 15) A'" . ~." .. l' . f1-" . , . 1 1 ' ....J.l eiectea OIIIClalS, CIty employees, ana citizens .L.om our trliee communities WOUICl be The planning session would be held at the department. clJj. / . ~ \ / \ I 'L) / j It Ivl'-V ~,..aft1/ M-' I "i'Vw;/rvv:t ;I 1 ~3fXJ ,/ \ .--- -#9'0 A_,,,L CENTENNIAL LAKES POLlCE ,/ SALARI ES0; ~ ~ ~ 5 tlt/,. r--.:: U-z 1"- -'2--000 2001 2002 2003 . / INSURANCE TOTAL SAt-hU1 SALARY SALARY SALARY HEALTH L1FE/DIS DENTAL BENEFIT -lECKMAN ~ Z3.o 00 60,1751 67,132 68,475 . 10,200 85 01 10,285 VlAKELA 5"0 Obi) 58,100 63,084 64,3461 10,200 85 0 10,285 3LEASON uL;b 36"2- I 48,100 50,267 51,272 6,000 85/ 01 6,085 \j ELSON 2.(t?" I (p 2- 49,900 55,000 56,100 ~ 6,0001 85 0 6,085 JENSEN '-1'8 J It,&- I 49,900 50,267 51,2721 6,000 . 85 0 6,085 -RUETEL vi, 3~z- 48,100 50,267 . 51,272 6,000/ 851 01 6,085 <RUEGER '-It "36 z-- I 48,100 50,267 . 51 ,272 3,2151 85 948 4,248 =LOFSON Lf-~I ~ Ie., 46,3701 50,267 51,2721 3,3901 85 0 3,475 3LANK '1&. -;~i 48,1001 50,267 51,2721 6,000 851 0 6,085 VlCCARTY Lfg 1hZ-- I 49,9001 50,2671 51,272 3,390 851 360 3,835 3ERNARDY LJ; <?11 45,1521 50,2671. 51,2721 3,2151 851 360 3,660 '\LDRICH U /. ~41 I 45,152 50,267 51,272/ 6,000/ 85 0 6,085 3TEP AN *** .....,5 5'9,Lf 36,152 50,267 51,272 3,215 851 360 3,660 3RAGELMAN . *** / I 0 50,267 51 ,272 3,2151 85 3601 3,660 3RAGG *** I 01 45,093 45,995 3,215/ 85 360 3,660 _ANGNER *** 0 45,093 45,995 3,3901 85 315 3,790 3D RD [AU7< *** (4/l7i;w o ")g,5g04-5;-00B"1 Ud b11-V45";W5 3,3901 85 1,0901 4,565 :. includes step increase?\ AxNl2.~ I :;15 5gu &0 no I I ~-- ..-- --- 633,201 873,432 I 890,90'1 I ! 1 _____..__0'.._.__ I 1 I .-..,..- -....-- '--r""- .--' I -loliaays Paid I I 31,006r-------- 1 )VERTIME REG I 35,0001 38,000 I 38,0001 1 I ::J I OFFICERS 10,440 10,000 I 10,0001 I I o. / I fOT AL OFFICER S,L\LAR!E~ 678,6411 921,4321 969,9011 ,PERA I 63,1141 85,6931 90,201 I MEDICARE i 8,6531 11 ,4731 11,688 I 2-o0D)~ 1 1 I ~ISMOEN '33.501 1.../ 34,750 37,003 37,7431 3,3901 851 360 3,835 _EWIS 8-~. b<;<c1 I 32,750 35,006 35,706 3,390 85 7651 4,240 \JOREN jilq:s?L 8,320 9,000 9,180 0 85 01 85 -JAMMER tf Cjj~1 k... 8,320 9,000 9,180 0 85 01 85 \JOREN (cso) #!O~ 20,800 23,005 23,465 3,390 85 360 3,835 JAN ITOR #t/v.o 1 4,2901 6,000 6,120 01 0 01 0 )VERTIME (OFFICE) 2,000 2,0001 2,0001 1 I I fOTAL OFFiCE SALARIES 111 ,230 121,0141 123,3941 96,205 1,870 5,638 103,713 1 I PERA I 5;7621 6,6921 6,824 I I I SS 6,8961 7,503 7,650 1 MEDICARE 1,6131 1,755 1,7891 I I I 1 I TO I AL DEPARTMENT 789,871 1,042,4461 1,093,295 FULLTIME 1,018,8151 I COMMISSION SALARIES 7,2001 7,200 4,800 PARTTIME 34,480 [ TOTALPERA 68,875 92,3851 97,024IoVERTIME I 40,000/ I TOTALSS I 6,8961 7,503 7,650 [COMMISSION.I 4,8001 TOTAL MEDICARE 10,265 13,227 13,477 I I 1 '. 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I'Q :;;: Centennial Lakes Police Department Crime Summary Listing Monthly Report for November 2002 Agency Offense Description Total 79 2 1 9 1 2 2 1 11 1 118 2 2 54 2 212 1 09001 SPEED 09008 CARELESS DRIVING 09009 FOLLOWING TOO CLOSE 09021 STOP SIGN 09030 PASSING VIOLATIONS 09031 IMPROPER LANE CHANGE/USE 09042 IMPROPER U-TURN 09051 OPEN BOTTLE 09055 DWI- OVER .10 09061 VISION OBSCURED 09063 SEAT BELT VIOLATION 09070 EQUIPMENT VIOLATION 09082 FAILURE TO USE LIGHTS 09098 FIX IT TICKET 09099 TRAFFIC WARN 09099 TRAFFIC WARNING 09100 PARKING -ALL OTHER 09101 PARKING - DESIGNATED HOURS 09102 PARKING - EXTENDED HOURS (6/24/48) (3104 PARKING - HANDICAP 09109 PARKING - NO PARKING ZONE (POSTED) 09140 PARKING - WARNING 09221 DAR/DAC/DAS 09222 NO VALID DL 09224 VIOLATIONS OF RESTRICTiONS 09231 PERMIT VIOLATIONS 09241 NO PROOF OF INSURANCE 09242 NO INSURANCE 09260 REGISTRATION - ALL OTHER 09264 EXPIRED VEHICLE REGISTRATION 09265 DISPLAY SUSPENDED/REVOKED PLATES 09281 PEDESTRIAN VIOLATION 09302 LOST - ANIMAL 09303 LOST - PROPERTY 09312 FOUND - ANIMAL 09313 FOUND - PROPERTY 09314 VEHICLES - ABANDONED 09318 FOUND - BICYCLE 09440'ACCfDENT- MV PO 09443 ACC!DENT - MV PD - MV & ,t.,N!MAL 09450 ACCIDENT - MV HR PD 09496 ACCIDENT - MV PO - MV & DEER 09570 ANIMAL COMPLAINT - ALL OTHERS 09571 ANIMAL COMPLAINT - DOGS 09572 ANIMAL COMPLAINT - DOG BARKING 09573 ANIMAL COMPLAINT - DOG ON LOOSE/NO LEASH 09591 ANIMAL IMPOUND - DOG 09592 ANIMAL IMPOUND - CAT 09606 FIRE - VEHICLE 09610.CO ALARM 09715 SUICIDE THREAT (NO ACTUAL ATTEMPT) 51 3 1 2 1 16 2 1 1 16 2 1 4 2 1 5 1 1 7 3 5 8 .. I 2 1 7 3 5 7 5 2 2 1 November 2002 - Agency 09730 MEDICAL 33 09760 EMERGENCY MEDICAL COMMITMENT/HOLD 1 09801 DOMESTIC 7 09802 PUBLIC ASSIST 80 09803 MOTORIST ASSIST 8 09804 FAMILY ASSIST 1 09805 DOMESTIC - FAMILY 4 09806 NEIGHBORHOOD DISPUTE 5 09807 DOMESTIC ESCORT 5 09808 CIVIL DISPUTE 6 09809 CHILD CUSTODY DISPUTE 1 09811 LOCK OUT - VEHICLE 22 09812 LOCK OUT - RESIDENCE 1 09815 CHECK WELFARE 2 09816 INFORMATION 31 09817 NARCOTICS INFORMATION 1 09818 HOUSE/PROPERTY CHECK 15 09819 EXTRA PATROL 6 09820 SUSPICION - ALL OTHER ACTIVITY 37 09821 SUSPICIOUS - PERSON 9 09822 SUSPICIOUS - VEHICLE 14 09825 OPEN DOOR/GATE/WINDOW 36 09826 UNWANTED PERSON 2 09827911 HANG UP 3 09833 AU\RM - BU?INESS 14 09834 AlJ.\RM - BANK 1 09835 ALARM - RES:DENTIAL 8 09845 COMPLAINTS - MV 9 09850 ORDINANCE COMPLAINTS - ALL OTHER 10 09851 OC - JUNK VEHICLE 6 09.853 OC - ILLEGAL BURNING 5 09854 OC - ILLEGAL DUMPING 2 0~862 OC - NOISE RESIDENTIAL 9 09863 OC - NOISE INDUSTRIAL 1 09890 JUVENILE ACTIVITY 6 09900 MISCELLANEOUS OFFICER 12 09901 DIRECTING TRAFFIC 1 09904 PAPER SERVICE 5 09907 SERVICE REQUEST 6 09910 ASSIST OTHER LAW ENFORCEMENT AGENCY 45 09911 ASSIST OTHER AGENCY (NON LE) 8 09920 WARRANT ARREST (ADULT) 3 09922 WARRANT ARREST (ATTEMPT) 8 09951 PERMIT - TO PURCHASE 2 09952 PERMIT - TO CARRY 2 09970 FOLLOW UP 51 09998 SEX OFFENDER ADDRESS CHECK 3 A5352 ASL T 5-MS-INFLlCT BD HRM-HANDS-ASL T-AC 1 A9500 TERR THREATS-INFL T BH-UNK WEAP-UNK RELAT 1 AL351 DOM ASL T-MS-INFL T BODILY HARM-HANDS-AD-FAM 1 ASL T i-GREAT BODILY HARM-OTHR-WEAPON-ADL T-ACQ 1 B1434 BURG 1-UNOCC RES NO FRC-D-UNK WEAP-COM THEFT 1 B3494 BURG 3-UNOCC RES NO FRC-U-UNK WEAP-COM THEFT 1 DA540 DRUGS-SM AMT IN MOT VEH-POSS-MARIJ-UNK 1 DC500 DRUGS-DRUG PARAPH-POSSESS-UNK-UNK 2 DH5CO CON SUB 5-POSSESS-METHAM-UNK 1 FDOOC ARSON 5-MS.,.UNK COND-OT PROP- 299 LESS 1 10074CRM AGNST FAM-UNK LVl-MALlC PUNISH-HARM HLTH 1 NOV8tlIu81 2002 - Al:Jefll;Y 10104 CRM AGNST FAM-UNK L VL-ENDANGER CHLD-HARM HL TH 1 J2901 TRAFFIC-GM-OTHER ACT-UNK INJ-MV 1 J3T01 TRAF-ACC-MS-UND AGE DRINK DRIVE-UNK-MOTOR VEH 1 JB501 TRAF-AC-GM-2ND-DEG DWI-UI ALCOHOL-MV 1 JF501 TRAF-AC-GM-3RD DEG DWI-UI ALCOHOL-MV 4 JG501 TRAF-ACC-M-4TH DEG DWI-U! ALCOHOL-MV 9 JGR01 TRAF-ACC-M-4TH DEG DWI-REFUSAL TO TEST-MV 1 LAA21 CSC 5-NO CONSENT CONTACT-PARENT-UNKAGE-F 1 M3001 JUVENILE-ALCOHOL OFFENDER 1 M3005 JUVENILE-USE OF TOBACCO 2 M5313 JUVENILE-CURFEW 1 M5350 JUVENILE-RUNAWAY 1 M7399 OTHER-CRIMES AGAINST PUBLIC ORDER 1 N3190 DI~TURB PEACE-MS-HARRASSING COMMUNICATIONS 4 N3380 DISTURB PEAC-MS-VIOL HARAS RESTRAIN ORDER 1 P3110 PROP DAMAGE-MS-PRIVATE-UNK INTENT 9 P3120 PROP DAMAGE-MS-PUBLlC-UNK INTENT 1 P3130 PROP DAMAGE-MS-BUSINESS-UNK INTENT 1 TC029 THEFT-501-2500-FE-BUILDING-OTH PROP 2 TC159 THEFT-501-2500-FE-MOTOR VEH-OTH PROP 4 TQ999 THEFT-251-500-GM-OTHER-OTH PROP 2 TR011 THEFT-LESS 250-MS-FRM PERSON-MONEY 1 TR059 THEFT-LESS 250-MS-YARDS-OTHR PROP 1 TR069 THEFT-LESS 250-MS-MAILS-OTHER PROP 1 TR099 THEFT-LESS 250-MS-SELF SRV GAS-OTH PROP 1 TR159 THEFT-LESS 250-MS-MOTOR VEH-OTHER 3 TR991 THEFT-LESS 250-MS-MONEY OTHER NEGOTiASl.ES 1 TR999 THEFT-LESS 250-MS-OTHER-OTH PROP 3 U328D THEFT-MS-SHOPLlFTING-250 OR LESS 1 U399D FRAUD-MS-OTHER ACT-250 OR LESS 1 V0081 VEH-UNKNOWN-MS-TAMPER WITH-ENTER-AUTO 1 X2080 CRIM AGNST ADMN JUST-GM-OBST LEGAL PROCESS Agency Total 1294 Centennial Lakes Police Department Crime Summary Listing Monthly Report for November 2002 Centerville Offense Description 09001 SPEED 09021 STOP SIGN 09030 PASSING VIOLATIONS 09031 IMPROPER LANE CHANGE/USE 09055 DWI- OVER .10 09061 VISION OBSCURED 09063 SEAT BELT VIOLATION 09070 EQUIPMENT VIOLATION 09098 FIX IT TICKET 09099 TRAFFIC WARNING 09101 PARKING - DESIGNATED HOURS 09104 PARKING - HANDICAP 09221 DARlDAC/DAS 09241 NO PROOF OF INSURANCE 09260 REGISTRATION - ALL OTHER 09264 EXPIRED VEHICLE REGISTRATloN 09302 LOST - ANIMAL 09303 LOST - PROPERTY 09313 FOUND - PROPERTY 09314 VEHICLES - ABANDONED 09318 FOUND - BICYCLE 09440 ACCIDENT - MV PO 09571 ANIMAL COMPLAINT - DOGS 09572 ANIMAL COMPLAINT - DOG BARKING 09573 ANIMAL COMPLAINT - DOG ON LOOSE/NO LEASH 09591 ANIMAL IMPOUND - DOG 09610 CO ALARM 09730 MEDICAL 09801 DOMESTIC 09802 PUBLIC ASSIST 09803 MOTORIST ASSIST 09804 FAMILY ASSIST 09805 DOMESTIC - FAMILY 09806 NEIGHBORHOOD DISPUTE 09807 DOMESTIC ESCORT 09808 CIVIL DISPUTE 09811 LOCK OUT - VEHICLE 09815 CHECK WELFARE 09816 INFORMATION 09818 HOUSE/PROPERTY CHECK 09819 EXTRA PATROL 09820 SUSPICION - ALL OTHER ACTIVITY 09821 SUSPICIOUS - PERSON 09822 SUSPICIOUS - VEHICLE 098250PENDOORlGATEIW1NDOW . 09833 ALARM - BUSINESS 09835 ALARM - RESIDENTIAL 09845 COMPLAINTS - MV 09850 ORDINANCE COMPLAINTS - ALL OTHER 09851 OC - JUNK VEHICLE 09853 OC - ILLEGAL BURNING Total 12 6 1 1 1 1 20 2 13 65 10 1 2 6 1 2 1 : 1 3 1 3 2 1 ':) v 1 1 13 2 35 2 1 2 1 1 1 8 1 6 6 2 12 2 6 20 1 4 2 3 1 2 November 2002 - Centerville 09890 JUVENILE ACTIVITY 1 09900 MISCELLANEOUS OFFICER 1 09901 DIRECTING TRAFFIC 1 09904 PAPER SERVICE 5 09910 ASSlsrOTHER LAW ENFORCEMENT AGENCY 10 09911 ASSIST OTHER AGENCY (NON LE) 2 09920 WARRANT ARREST (ADULT) 1 09922 WARRANT ARREST (ATTEMPT) 4 09970 FOLLOW UP 9 A9500 TERR THREATS-INFL T BH-UNK WEAP-UNK RELAT 1 ASL T i-GREAT BODILY HARM-OTHR-WEAPON-ADL T -ACQ 1 B3494 BURG 3-UNOCC RES NO FRC-U-UNK WEAP-COM THEFT 1 DC500 DRUGS-DRUG PARAPH-POSSESS-UNK-UNK 1 !0074CRM AGNST FAM-UNK LVL-MAUC PUNISH-HARM HL TH 1 10104 CRM AGNST FAM-UNK LVL-ENDANGER CHLD-HARM HL TH 1 J3T01 TRAF-ACC-MS-UND AGE DRINK DRIVE-UNK-MOTOR VEH 1 JF501 TRAF-AC-GM-3RD DEG DWI-UI ALCOHOL-MV 1 JG501 TRAF-ACC-M-4TH DEG DWI-UI ALCOHOL-MV 1 LAA21 CSC 5-NO CONSENT CONTACT-PARENT-UNK AGE-F 1 M3001 JUVENILE-ALCOHOL OFFENDER 1 . N3190 DISTURB PEACE-MS-HARRASSING COMMUNICATIONS 1 P3110 PROP DAMAGE-MS-PRIVATE-UNK INTENT 3 TC029 THEFT-501-2500-FE-BUILDING-OTH PROP 1 TC159 THEFT-501-2500-FE-MOTOR VEH-OTH PROP 4 TR099 THEFT-LESS 250-MS-SELF SRV GAS-OTH PROP 1 TR159 THEFT~LESS 250-MS-MOTOR VEH-OTHER 1 TR991 THEFT-LESS 250-MS-MOI'!EY OTHER NEGOTIABLES 1 TR999 THEFT-LESS 250-MS-OTHER-OTH PROP 1 Total for Centerville 354 Centennial Lakes Police Department Crime Summary Listing Monthly Report for November 2002 Circle Pines Offense Description Total 27 1 1 2 27 17 74 1 29 2 2 1 4 1 1 1 1 1 2 1 4 2 1 1 5 1 3 4 2 1 1 10 28 2 1 1 3 1 1 7 1 1 10 7 2 12 1 4 15 2 3 09001 SPEED 09008 CARELESS DRIVING 09021 STOP SIGN 09055 DWI - OVER .10 09063 SEAT BELT VIOLATION 09098 FIX IT TICKET 09099 TRAFFIC WARNING 09100 PARKING - ALL OTHER 09101 PARKING - DESIGNATED HOURS 09102 PARKING - EXTENDED HOURS (6/24/48) 09109 PARKING - NO PARKING ZONE (POSTED) 09140 PARKING - WARNING 09221 DAR/DAC/DAS 09241 NO PROOF OF INSURANCE 09242 NO INSURANCE 09264 EXPIRED VEHICLE REGISTRATION 09265 DISPLAY SUSPENDED/REVOKED PLATES 09281 PEDESTRIAN VIOLATION 09302 LOST - ANIMAL 09313 FOUND - PROPERTY 09318 FOUND - BICYCLE 09440 ACCIDENT - MV PD 09443 ACCIDENT - MV PD - MV & ANIMAL 09496 ACCIDENT - MV PD - MV & DEER 09570 AN!MAL COMPL.l\!NT - ALL OTHERS 09571 ANIMAL COMPLAINT - DOGS 09572 ANIMAL COMPLAINT - DOG BARKING 09591 ANIMAL IMPOUND - DOG 09592 ANIMAL IMPOUND - CAT 09606 FIRE - VEHICLE 09610 CO ALARM 09730 MEDICAL 09802 PUBLIC ASSIST 09803 MOTORIST ASSIST 09805 DOMESTIC - FAMILY 09806 NEIGHBORHOOD DISPUTE 09807 DOMESTIC ESCORT 09808 CIVIL DISPUTE 09809 CHILD CUSTODY DISPUTE 09811 LOCK OUT - VEHICLE 09812 LOCK OUT - RESIDENCE 09815 CHECK WELFARE 09816 INFORMATION 09818 HOUSE/PROPERTY CHECK ,09819 EXTRA PATROL 09820 SUSPICION - ALL OTHER ACTIVITY 09821 SUSPICIOUS - PERSON 09822 SUSPICIOUS - VEHICLE 09825 OPEN DOORlGATE/WINDOW 09827 911 HANG UP 09833 ALARM - BUSINESS November 2002 - Circle Pines 09834 ALARM - BANK 1 09835 ALARM - RESIDENTIAL 2 09845 COMPLAINTS - MV 2 09850 ORDINANCE COMPLAINTS - ALL OTHER 2 09851 OC - JUNK VEHICLE 4 09853 OC:.. ILLEGAL BURNING 3 09862 OC - NOISE RESIDENTIAL 1 09863 OC - NOISE INDUSTRIAL 1 09890 JUVENILE ACTIVITY 3 09900 MISCELLANEOUS OFFICER 8 09907 SERVICE REQUEST 6 09910 ASSIST OTHER LAW ENFORCEMENT AGENCY 3 09911 ASSIST OTHER AGENCY (NON LE) 5 09922 WARRANT ARREST (ATTEMPT) 4 09951 PERMIT- TO PURCHASE 1 09952 PERMIT - TO CARRY 1 09970 FOLLOW UP 22 FDOOC ARSON5-MS-UNK COND-OT PROP- 299 LESS 1 JF501 TRAF-AC-GM-3RD DEG DW(-UI ALCOHOL-MV 1 JG501 TRAF-ACC-M-4TH DEG DWI-UI ALCOHOL-MV 1 M3005 JUVENILE-USE OF TOBACCO 2 M5350 JUVENILE-RUNAWAY 1 M7399 OTHER-CRIMES AGAINST PUBLIC ORDER 1 P3110 PROP DAMAGE-MS-PRIVATE-UNK INTENT 3 P3120 PROP [?AMAC'E-MS-PUBLlC-UNK INTENT 1 TC029 THEFT""501-2500~FE-BU1LDING-OTH PROP 1 TQ999 THEFF251-500."GM-OTHER-OTH PROP 2 TR059 THEFT-LESS 250-MS-YARDS-OTHR PROP 1 TR069 THEFT-LESS 250-MS-MAILS-OTHER PROP 1 TR159 THEFT-LESS 250-MS-MOTOR VEH-OTHER 2 TR999 THEFT-LESS 250-MS-OTHER-OTH PROP 1 U399D FP~UD-MS-OTHER ACT-250 OR LESS 1 X2080 CRIM AGNST ADMN JUST-GM-OBST LEGAL PROCESS 1 Total for Circle Pines 423 Centennial Lakes Police Department Crime Summary Listing Monthly Report for November 2002 Lexington 'Offense Description Total 39 1 1 2 1 8 71 2 22 1 63 12 1 10 2 1 9 1 1 1 2 1 3 2 3 2 2 1 4 1 10 1 5 11 4 1 3 1 1 7 6 1 2 2 13 6 4 1 2 1 10 09001 SPEED 09021 STOP SIGN 09031 IMPR'OPER LANE CHANGE/USE' 09042 IMPROPER U-TURN 09051 OPEN BOTTLE 09055 DWI - OVER .10 09063 SEAT BELT VIOLATION 09082 FAILURE TO USE LIGHTS 09098 FIX IT TICKET 09099 TRAFFIC WARN 09099 TRAFFIC WARNING 09101 PARKING - DESIGNATED HOURS 09102 PARKING - EXTENDED HOURS (6/24/48) 09221 DARlDAC/DAS 09222 NO VALID DL 09231 PERMIT VIOLATIONS 09241 NO PROOF OF !NSURANCE 09242 i'jO IN.:;[ '::U\NCt: 09264 EXPIF?F:'j VFLJ\CU::: REGISTRATION 09265 DISPLAY SvSFb-JDED/REVOKED PLATES 09302 LOST - ANIMAL 09312 FOUND -ANIMAL 09313 FOUND - PROPERTY 09314 VEHICLES - ABANDONED 09440 ACCIDENT - MV PO 09450 ACCIDENT - MV HR PD 09570 ANIMAL COMPLAINT - ALL OTHERS 09572 ANIMAL COMPLAINT - DOG BARKING 09573 ANIMAL COMPLAINT - DOG ON LOOSE/NO LEASH 09715 SUICIDE THREAT (NO ACTUAL ATTEMPT) 09730 MEDICAL 09760 EMERGENCY MEDICAL COMMITMENT/HOLD 09801 DOMESTIC 09802 PUBLIC ASSIST 09803 MOTORIST ASSIST 09805 DOMESTIC - FAMILY 09806 NEIGHBORHOOD DISPUTE 09807 DOMESTIC ESCORT 09808 CIVIL DISPUTE 09811 LOCK OUT - VEHICLE 09816 INFORMATION 09817 NARCOTICS INFORMATION 09818 HOUSE/PROPERTY CHECK 09819 EXTRA PATROL 09820 SUSPICION - ALL OTHER ACTIVITY 09821 SUSPICIOUS - PERSON 09822 SUSPICIOUS - VEHICLE 09825 OPEN DOOR/GA TE/WINDOW 09826 UNWANTED PERSON 09827911 HANG UP 09833 ALARM - BUSINESS November 2002 - Lexington 09835 ALARM - RESIDENTIAL 2 09845 COMPLAINTS - MV 5 09850 ORDINANCE COMPLAINTS - ALL OTHER 5 09851 oC - JUNK VEHICLE / 1 09854 OC - ILLEGAL DUMPING 2 09862 OC - NOISE RESIDENTIAL 8 09890 JUVENILE ACTIVITY 2 09900 MISCELLANEOUS OFFICER 2 09910 ASSIST OTHER LAW ENFORCEMENT AGENCY 2 09911 ASSIST OTHER AGENCY (NON LE) 1 09920 WARRANT ARREST (ADULT) 2 09951 PERMIT - TO PURCHASE 1 09952 PERMIT - TO CARRY 1 09970 FOLLOW UP 6 09998 SEX OFFENDER ADDRESS CHECK 3 A5352 ASl T 5-MS-IN FLlCT SD HRM-HANDS-ASL T -AC 1 AL351 DOM ASL T-MS-INFL T BODILY HARM-HANDS-AD-FAM 1 B1434 BURG 1-UNOCC RES NO FRC-D-UNKWEAP-COM THEFT 1 DA540 DRUGS-SM AMT IN MOT VEH-POSS-MARIJ-UNK 1 DC500 DRUGS-DRUG PARAPH-POSSESS-UNK-UNK 1 DH5CO CON SUB 5-POSSESS-METHAM-UNK 1 J2901 TRAFFIC-GM-OTHER ACT-UNK INJ-MV 1 JB501 TRAF-AC-GM-2ND-DEG DWI-UI ALCOHOL-MV 1 JF501 TRAF-AC-GM-3RD DEG DWI-UI ALCOHOL-MV 2 JG501 TRAF-ACC-M-4TH DEG DWI-UI ALCOHOL-MV 6 M5313 JUVENILE-CURFEW 1 N3190 DISTURB PEACE-MS-HARRASSING COMMUNICATIONS 3 N3380 DISTURB PEAC-MS-VIOL HARAS RESTRAiN ORDER 1 P3110 PROP DAMAGE-MS-PRIVATE-UNK INTENT 3 P3130 PROP DAMAGE-MS-BUSINESS-UNK INTENT 1 TR011 THEFT-LESS 250-MS-FRM PERSON-MONEY 1 TR999 THEFT~LESS 250-MS-OTHER-OTH PROP U328D THEFT-MS-SHOPLlFTING-250 OR LESS V0081 VEH-UNKNOWN-MS-TAMPER WfTH-ENTER-AUTO 1 1 Total for Lexington 434 Centennial Lakes Police Department Crime Summary Listing Monthly Report for November 2002 Paul Revere Community -Offense Description Total 09241 NO PROOF OF INSURANCE 1 09730 MEDICAL 3 09801 DOMESTIC 1 09802 PUBLIC ASSIST 1 09806 NEIGHBORHOOD DISPUTE 2 09808 CIVIL DISPUTE 1 09811 LOCK OUT - VEHICLE 1 09816 INFORMATION 2 09820 SUSPICION - ALL OTHER ACTIVITY 2 09826 UNWANTED PERSON 1 09845 COMPLAINTS - MV 1 09850 ORDINANCE COMPLAINTS - ALL OTHER 1 09862 OC - NOISE RESIDENTIAL 5 09900 MISCELLANEOUS OFFICER 1 OS:910 ASSIST OTHER lAW ENFORCEMENT AGENCY 1 09970 FOllOW UP 1 09988 SEX OFFENDER ADDRESS CHECK 2 P3110 PROP DAMAGE-MS-PRIVATE-UNK INTENT 1 Total for Paul Revere 28 Centennial Lakes Police Department Crime Summary Listing Monthly Report for November 2002 Out of Area Offense Description Total 09001 SPEED 1 09008 CARELESS DRIVING 1 09009' FOLLOWING TOO CLOSE 1 09021 STOP SIGN 1 09098 FIX IT TICKET 2 09099 TRAFFIC WARN 1 09099 TRAFFIC WARNING 10 09224 VIOLATIONS OF RESTRICTIONS 1 09802 PUBLIC ASSIST 6 09808 CIVIL DISPUTE 3 09816 INFORMATION 9 09900 MISCELLANEOUS OFFICER 1 09910 ASSIST OTHER LAW ENFORCEMENT AGENCY 30 09970 FOLLOW UP 14 JG501 TRAF-ACC-M-4TH DEG DWI-UI ALCOHOLcMV 1 JGR01 TRAF-ACC-M-4TH DEG DWI~REFUSAL TO fEST-MV 1 T otai for Out of Area 83 Sergeant Ron Nelson Centennial Lakes Police Department 200 Civic Heights Circle Circle Pines" MN 55014 (763) 784-2501 DECEMBER 2002 SUMMARY GRID 1 Sergeant Nelson Traffic and parking enforcement have been stepped up during the school months. No major incidents to report and no crime watch meetings. GRID 2 Officers Gleason and Fmetel Nothing turned in. USE OF FORCE Officers Gleason, Krueger and Bragelman Nothing turned in. FLEET MAINTENANCE Officer Gleason Nothing turned in. EVIDENCE Officer Fruetel Nothing turned in. ~?? VEHICLE FORFEITURES Officer Fruetel Nothing turned in. FIELD TRAINING Sergeant Nelson Officer Jason Corlew will completed his field training this month. Congratulations! He began his own shift on 12-08-02. Jason has been hard at it ever since. SQUAD LAPTOPS Sergeant Nelson I am currently working with other agencies exchanging ideas on how best to make the switch over to the ne vv mod01nsand what to do in the interim if something needs to be replaced. We are Clh'ientJy working with a system called CDPD and will be switching to GPRS as AT & T will no longer support CDPD. The switchover is mandatory in June 2004. 20;, Corporal Mike Jensen Centennial Lakes Police Department 200 Civic Heights Circle Circle Pines, MN 55014 (763) 784-2501 Chief Heckman, monthly activity report for December 2002, 01-04- 2003 This report addresses areas I oversee within the department on a day-to-day basis. 1) Vehicle Maintenance, all squads had general maintenance. We had a busy month with squad problems. CL-4 was involved in a car deer accident and was repaired at Midway Ford, CL-5 went to Polar Chevrolet for warranty work and CL-6 went to Midway Ford for engine work. We were short squads the later part of the month. 2) Reserve unit. All is running normal, our thanks to all reserves for their hard work. The reserves put hours in during December riding with officers, on patrol Fridays and Saturday evenings. When they are out on patrol they check businesses and do residential patrol. In December, the reserves put in 53 hours. December 11 th we had another reserve meeting in which 'we continued review type training for squad use and radio use by the reserves. We also conducted an interview with a new applicant. The reserves have also read the department manual. We have a new application for the unit and Chief Heckman will be speaking with the commission in January. I thank them for all the fine work that they have done for the communities. My thanks to the reserve unit for all the hard work they do for the Cities. ~. 3) Safety committee, I'm working on procedure for officers to follow for the cleaning up biohazard spills. I have finished a draft and now Investigator Blanck will review said draft. h'1vestigator Blanck is still in the review process and will be done shortly. 4) Emergency/First Aid Equipment, I had to order replacement stock for the first aid equipment and this should bring us in to the New Year. . 5) Safe and Sober. We were advised by Safe and Sober that the Centennial Lakes Police Department ranked number 11 out of all the departments in the State of Minnesota that were involved in the November seat belt challenge. My thanks to all the officers that put 100% in to this project. Just a note, over 350 departments were involved in the November challenge. Again thanks to all for the hard work. 6) COP/Overview from officers. 3 LV. 7) Schedule. Corporal McCarty and I are working on the schedule together. We go over vacation and other related scheduling items and make sure we have staffing on the street. Corporal McCarty is in charge of printing and making changes on the schedule. We both made this decision so as to make things work smoother and then only person does the actual printing of the schedule. Corporal McCarty will address the schedule more in depth in his report. Officer Krueger works in grid 5. Officer Krueger has nothing new to report. Officer Bernardy has been assigned to grid 5. Officer Bernardy has nothing new to report. I work in grid 5 & 6 located in the City of Centerville. December was a busy month planning for the up coming Safe and Sober seat belt challenge and department projects. We have another project for Safe and Sober during the month of December. Its starts December the lih and runs until January the 5th 2003. This challenge is for the impaired driver. Winter is approaching quickly and we will be getting the snowmobile out and about also. I believe that this is very important to the communities. I will colltinue to. keep officers motivated. I hope everyone had a great (New Year) and all is well. Corporal Mike Jensen l06 3/. Co oral Glen McCarty Centennial Lakes Police Department 200 Civic Heights Circle Circle Pines, MN 55014 (763) 784-2501 DECEMBER 2002 SCHEDULING December had a large amount of time-off requests due to the holiday season. Several requests were denied resulting in shift switches and other juggling acts to accommodate officers. Our part time officer is still out due to an injury and surgery which drastically impacts the schedule. There was also a large amount of sick time used by the officers due to illnesses. Officers took a total of 44 shifts off during the month of December that needed to be filled to keep three officers on the street. There was also 1 additional shift where an officer left c2dy dL5 to illness. They are broken down as such; Vacation Comp time Holidays Sick time 22 shifts 1 0 shifts 04 shifts o 8 shifts Part time officer Hinson covered 0 of those shifts Deputy Chief Makela covered 0 of those shifts Investigator Blanck covered 1 of those shifts Sergeant Nelson covered 7 of those shifts Corporals covered 4 of those shifts Overtime covered 0 of those shifts Payback covered 1 of those shifts 31 of the shifts were not covered We were short street coverage 24 of the 31 days in December. A total of243 days were short street coverage of 365 total days in 2002. Officer Corlew and Officer Arntzen are now both out on their own as of January 1 st. They will fill in approximately 40 shifts per month. 32. Corporal Glen G. McCarty Centennial Lakes Police Department 200 Civic Heights Circle Circle Pines, MN 55014 (763) 784-2501 December 31, 2002 To: Cente11hia1 Lakes Police Commission Rei Monthly Activity Report -- CITY OF LEXINGTON Officer Colby Bragg: Grid 3 No report turned in. Officers Patrick Aldrich: Grid 4 NO 0""1">1"""1' Tllrrll"A in J..~ 1.'\.."".p"'.,IO,t,. -4-1,.,of.L.......c.-'u .s..J..... Officer Scott Langner: Grid 4 No Report turned in. Officer RJ. Stepan: Grid 7 No Report turned in.. Officer Chris Bragelmfu.l: Grid 7 No Report turned in. On December 3rd and 4th officers, office staff, and reserves participated in ringing the bell for the Salvation Army. Chief Heckman, Deputy Chief Makela, Sergeant Nelson, Corporal M.cCarty; officer Aldrich, officer Corlew, Administrative secretary Gerry Ri~moen, and reserve officer Woods all volunteered on their OFF DUTY time to stand out in the cold and ring the bell in front affestival foods. Their volunteer efforts raised a total of$826.13 for the two days. 33. RUSSELL A. BLANCK MONTHLY REPORT FOR THE MONTH OF December 2002 DARE and POLICY - DARE will be taught at Centerville Elementary School beginning in January. There is nothing to report pertaining to policy. GRANTS - Nothing to report. COP - GRID 3/0THER -My COP activities included investigation of Grid 3-related matters. INVESTIGATIONS General Investigations ..General investigations conducted duritl.g the month included compl.eting andlor continuing the investigation of several pending matters andlor working on the crimes set forth for each city below: All Cities: 1 completed case work and/or charging in numerous cases for end of the year purposes. Circle Pines: missing person matter, church burglary, numerous vehicle- related vandalisms, harassment by phone/mail, Golden Lake Elementary School flag theft, bottle bomb, illegal gambling, OFP violation, and continued work on earlier residential burglary. Lexington: check welfare of rmssmg employee, bad check, and embezzlement. Centerville: thefts of construction equipment, check forgeries, bad check, criminal sexual conduct, vehicle tampering/criminal damage to property/possess theft tools, harassing correspondence, and bad checks with possible employee involvement. -I signed in custody complai.llts a.lld conducted i.llterviews ofvictL1TI.s, suspects and others. -1 reviewed all officer reports and teletypes on a daily basis. Background Investigations - There are presently no background investigations under way. 31 MISCELLANEOUS -1 backed officers on various calls and handled calls for others as necessary. -1 prepared press releases and fact sheets for media and prepared officers for interviews. -1 attended a Cops 'N Good Guys meeting on Dec. 4. -1 assisted in the planning ofthe holiday party. , -1 met with the Centerville Elementary School teacher Craig Baland re the DARE program on Dec. 6. -I participated in a school district Safety and Security Committee walk through at Centerville Elementary School and CALC and prepared a memorandum re the same on Dec. 11. -1 attended the department meeting.on Dec. 11. -I was contacted at home to assist in a matter/provide advice or interview suspects on December 15 and 19. -1 worked the street on December 13 and 20. -1 assisted in the preparation ofthe biannual towing agreement with AutoMedics. -1 assisted in the preparation of an agreement for the release of a vehicle to a person other than the registered owner. -1 assisted the chief on various matters. -1 was on vacation/holiday December 25-27. 30- CENTENNIAL LAKES JOINT POLICE COMMISSION JANUARY 9, 2003 MASTER FILE CONTENTS A. LMC 2002 Property/Casualty Dividend. B. Thank You To Chief Heckman And Deputy Chief Makela From Anoka County Central Communications. C. Thank You To eso Noren From a Burnsville, MNCitizen. D; Thank You Letter To Department From North Metro Cable 15. E. Thank Yeu Letters From Salvation Army For Volunteering To RiI'"g Bells At Their Christmas Kettles. 3&, Sent By: Great Lakes Management Co.; M~ry 6eth Davis c lly I)f C.nt.rvill$ John Rcbln$on Tim Vanto. Total Units leased this Period Totol Units Leased TOTAL ~ LEASED Vacancies Totol Units Vacant TotalUnils OcclJpied 763 37'7 "i387; ,Jen-i"i-0311:21; lax: lax: 651."29.M~9 'ilIx; 763~3-6682 11ll(: 763-323.5682 Chauncey Barett Gardens Cenierville, MN Executive Marketing Summary January 6 . January 12, 2003 1 R A 2 o ." L i OQ,7- o " .. I B 6 o 6 100% o 6 100% 100% :R::;:,~\~~1A~';':.'.....:" 8 o 8 100% o 8 Page 1/1 Sent By: Great Lakes Management Co.; Mary Beth Davis Clly or Centervllle John ROlJlniiOrl Tim YanloB Totol Units Leased this Period Total Units Leased TOT AL % LEASED Vacancies Total Units \/acalit Total Units Occupied 763 377 7387j Jan-8-03 10:07j Fax: f!lX~ 651-4:<:Sl-otlZl fiX: 7!S3-323-~j rlx: 763-323-5682 Chauncey Borett Gardens Centervllle, MN Executive Marketing Summary December 30f 2002 . January 5, 2003 +DEI\! 2 BR D B 2 6 o o 2 6 100% 100% 100% o 2 o 6 100% 8 o 8 o 8 Page 1/1 Sent By: Great Lakes Management Co.; Mary Beth Oavla City of CM'itervlu. John Rollinson Tim Yamoll ,rotal Units l Leased ihis Period Total Units Leased TOT"L % LEASED Vacancies Totol Units Vacant Total UnIts Occupied II 763 377 7387; Jan-3-0316:13; (8)(: (8)(; GSl.42S..e6::'9 fll/; 71$3.323-56132 (1)1: 163.323-SeB2 Chauncey Barett Gardens Centerville, MN Executive Marketing Summary De~.mber 23 . December 29 t 2002 R A ':.;: :;. ',:; . ~:,~ ; \ )::;::;;~jt(;i>::: 1 BR+ D B 8 2 o 2 6 o 6 o 8 100% 100% '00% o o o Page 1!1 Page 1 .of 2 Kim From: O'Rourke, Jennifer [JORourke@LMNC.ORG] Sent: Monday, January 13, 200311:17 AM To: General legislative Subject: [legislative] Rumors of a possible 2002 Aid Cut? Rumors of a possible 2002 Aid Cut? On Tuesday, Governor Pawlenty and Department of Finance Commissioner Dan McElroy will unveil their proposal to balance the state's short-term $356 million budget deficit. Rumors about the content of their proposal have generally focused on additional state agency cuts, tapping money set aside by earlier legislatures for road projects and redirecting revenue available in other state funds. Late last week, an additional rumor began circulating that involves city aid payments. Although to our knowledge, aids paid this past December cannot be directly recalled by the state, we have heard that the state may try to recover some of the 2002 aid by asking cities and counties to return it. How would it work? The cut would actually be computed for the next LGA payment due in July and the market value homestead credit payment due in October. These 2003 city aid payments come out of the state's 2004 fiscal year and would not help balance the short-term deficit. However, to accelerate the receipt of the aid cut, the state would give cities a choice to take the July/October cut or allow the city to repay a lesser amount before the end of the state's fiscal year on June 30. We do not know how much savings a city would be granted if they decide to repay the cut early, but a 5 or 10 percent "savings" might be a possibility. Of course, accelerating the cut in this manner would not directly help the state with its long-term deficit and there is no guarantee that the legislature would not make a second cut in the aids scheduled to be paid in 2003. However, the state has relatively little time to address the short-term deficit and this approach might help solve the state's immediate problem. If such a proposal is unveiled on Tuesday, city officials should carefully evaluate their options. As mentioned above, there is no guarantee that the short-term deficit response will be the only cut in 2003 state aids. Ironically, those cities with the least amount of reserves and therefore the least ability to cope with aid cuts would be the ones least likely to afford the "benefit" of paying the aid cut back early and would therefore have a relatively larger aid cut in July. Stay tuned and watch for the announcement of the Governor's short-term deficit plan on Tuesday. You are currently subscribed to legislative as: ksykes@centervillemn.com To unsubscribe send a blank email to leave-Iegislative-4450H@listserv.lmnc.org This email has been scanned for all viruses by the MessageLabs SkyScan service. For more information on a proactive anti-virus service working around the clock, around the globe, visit http://www.messagelabs.com You are currently subscribed to legislative as: ksykes@centervillemn.com To unsubscribe send a blank email to leave-legislative-4450H@listserv.lmnc.org This email has been scanned for all viruses by the MessageLabs SkyScan service. For more information on a proactive anti-virus service working around the clock, around the globe, visit http://www.messagelabs.com 1/13/2003 .tt .Cr " rY"'Ff ,i r;re. .h ,.., r V lYtlA 'Esta6[isliea 1857 1880 main Street @ Centervi[[c; ']off'l\[ 55038 (651) 429-3232 I1j} :Ja;c (651) 429-8629 January 14, 2003 Mr. Paul Montain 7082 Centerville Road Centerville, J\1J\J 55038 Dear NIT. Montain: At the January 8, 2003 Council meeting, Council set their appointments for Commission and Committee members. It was determined that your attendance did not adhere to the City' sattendance ::olic~:':forcommittee members. Council members felt that it\vas in the besti:lterest of the,Cofri'T! :ttee and the community tbat YOUl appointment not he 7>e'1'J.ewed. However, if you desire to remain on the committee, please s11bmit a letter of iniLetee:t and changed circumstances that allow you to attend on a more regular basis to Ms. Kim Moore-Sykes, City Administrator. Thank you for serving on the committee arid your prompt attention to this matter. If you have any questions, please feel free to contact Ms. Moore-Sykes. Sincerely, ~~I /2~ rvi[[e 1880 ']v[ain Street ~ Centervi[[e/ ']v!'1\[ 55038 (651) 429-3232 @ Y:a;c (651) 429-8629 January 14, 2003 Mr. Rick Terway 7042 Eagle Trail Centerville, MN 55038 Dear Mr. Terway: At the January 8, 2003 Council meeting, Council set their appointments for Commission and Committee members. It was determined that your. atten.dance did not adhere to the City's attendance policy for committee members. Council mer:'bers felt that it was in the best interest of the Committee and rhe cominunity that your appointment not be renewed. However, if you desire to remain on the committee, please suhmi a letter of interest and changed circumstances that allow you to attend on a more regular basis to Ms. Kim Moore-Sykes, City Administrator. Thank you for serving on the committee and your prompt attention to this matter. If you have any questions, please feel free to contact Ms. Moore-Sykes. Sincerely, ~~~l. .j L--( ?Jpv I )i/Ft7Ze -, ntervi[{e utab[isliea 1857 1880 Main Street .. Centervif[e, M'J{ 55038 (651) 429-3232 . :Fa/( (651) 429-8629 January 15, 2003 Committee/Commission Members Congratulations! At Council's January 8, 2003 meeting, Council re-affirmed Committee/Commission member appointments and you were selected to continue serving in your current capacity. The new Council looks forward to working III conjunction Committee/CommissIons and considering their significant role in recommendations and laKiJ(~ P~Tt in shaping the community. with the making Council has requested that Staff take a moment to forward their desires to you regarding the use of your affiliation/representation of your appointed position when participating in issues that concern you as a resident/member of the community. In this capacity, you will exclude any affiliation with the City unless directed by motion of the Committee/Commission to do so. Council has directed Staff to forward calls or inquiries to the respective Chairpersons of the Committee/Commissions. Once again, the Council looks forward to working with the Committee/Commissions in the future and may request your participation in a Council meeting in the near future. ;;;~~ Mayor Terry Sweeney itltervi[[e iJ:stab[ished 1857 1880 Main Street . Centervi[[e) M'J{ 55038 (651) 429-3232 . :Fait (651) 429-8629 January 17, 2003 Ms. Michelle Franke Tom Thumb, Store #295 11 0 East 17th Street Hastings,:MN 55033 Dear Ms. Franke: This letter is being forwarded to you to remind you that there will be a hearing regarding Tom Thumb, Store #295's 2003 Cigarette License Renewal on January 22, 2002 at 6:30 p.m. in Council Chambers located at 1880 Main Street, Centerville, Minnesota. An agenda will be forthcoming which will show the hearing that is scheduled. If you have any questions regarding this issue, you may contact City Attorney, Mr. Jim Hoeft at (763) 783-5122 or City Administrator, Ms. Kim Moore-Sykes. Sincerely, /J ',C:"-"-t2..A__) X;2",,~~( -........-' Teresa D. Bender City Clerk ;~Yfp,tervi[[e f~,-,~/=' Tsta6[ishei 1B57 1880 :Main Street . Centervi[[e,:M'JI[ 55038 (651) 429-3232 . 'Fat{ (651) 429-8629 January 17, 2003 Mr. So Yang 1028 Stinson Street St. Paul, MN 55103 Dear Mr. Yang: As you are aware, at Council's meeting of January 8, 2003 they directed staff to draft an Interim Ordinance regarding placing a moratorium on SlaughterhouseslButcher Shops to allow ample time to review this use within the City of Centerville. State Statute 462.365 Subd. 4 allows the City to adopt an Interim Ordinance placing a moratorium on a use that is not contained in their Comprehensive Plan or Zoning Ordinance and ample time to review such a use as you have requested. A copy of the Draft Interim Ordinance #75 is enclosed for your review. If you have any questions or concerns regarding this issue, please feel free to contact me. Sincerely, ~o~ City Administrator End "Itervi{{e ~. ;/ ~tab[isfied 1857 1880 :Main Street . Centervi[[e, f}v('J..[ 55038 (651) 429-3232 . :Fa;c (651) 429-8629 January 17, 2003 Ms. Laura Powers 7173 Brian Drive Centerville, MN 55038 Dear Ms. Powers: Thank you for your past years of service as the City of Centerville's Health Officer. I would like to take this moment to congratulate you also. Council at their January 8,2003 Council meeting again appointed you to the position for the year 2003. This letter is to ascertain whether you would still be willing to serve in this capacity. Council understands that people's lives are filled with numerous obligations and you may not be available to fulfill the commitment. Please take a moment to give this appointment some thought and contact me with your desire. If you have any questions regarding this matter, please feel free to contact me. Sincerely, ~~ Kim Moore-Sykes City Administrator I' ~ Metropolitan Council ~ Building communities that work '~(~i~ 1 ~ 4 Metro Meetings A weekly calendar of meetings and agenda items for the Metropolitan Council, its advisory and standing committees, and regional Council sponsored events. Meeting times and agendas are occasionally changed. NOTE: There are two other ways to receive Metro Meetings: visit our web site at www.metrocounciLorg or receive through email. Call or email Dawn Hoffner at 651-602-1447 or dawn.hoffner@metc.state,mnusifyou would prefer one of these methods rather than the US, maiL WEEK OF: January 13 - 17,2003 METROPOLITAN COUNCIL Canceled: Transportation Committee MOB., Jan. 13, 1 p.m., Room L\ Environment Committee - Tues., Jan. 14,4 p.m., Room IA. The agenda includes: authorization to enter into construction cooperation agreement with the City of Minnetrista for L-5I forcemain project; approval of the Mpls. comprehensive sewer plan; authorization to award and execute a contract for the construction of the Woodbury L 73 lift station; determination that certain interceptors are no long necessary for the metropolitan disposal system; authorization to hold public hearing for So. St. Paul LS L65 improvements; inclusionary housing incentive program eligibility; closeout of Twin City water quality initiative grant program; and other business. TAB Programming Committee - Wed., Jan. 15, 12 Noon, Chambers. The agenda includes: draft 2003 regional solicitation package; T AC process rules and guidelines for developing federal funding alternatives; purpose and authority of the Transportation Advisory Board; 2000 census urban area boundary; and other business. Transportation Advisory Board - Wed., Jan. 15, I :30 p.m., Chambers. The agenda includes: committee reports; value pricing activities; and other business. Canceled: Regional GrO'.vth Poliey Committee Wed., Jan. 15,3 p.m., Chambers TENTATIVE MEETINGS FOR THE WEEK OF JANUARY 20 - 24 Rail Transit Committee - Tues., Jan. 21, 4:30 p.m., Heywood Office Public Meeting for the Nominating Committee of Metropolitan Council Members - Tues., Jan. 21, 6:30 - 9:30 p.m., Chambers Public Meeting for the Nominating Committee of Metropolitan Council Members - Wed., Jan. 22, 6:30 - 9:30 p.m., Coon Rapids City Hall, 11155 Robinson Dr. NW, Coon Rapids Management Committee - Wed., Jan. 22, 2:30 p.m., Room lA Metropolitan Council- Wed., Jan. 22, 3 p.m., Chambers The Metropolitan Council is located at Mears Park Centre, 230 E. Fifth St., St. Paul. Meeting times and agendas are subject to change. 1 " METROPOLITAN PARKS AND OPEN SPACE COMMISSION Metropolitan Parks and Open Space Commission - Mon., Jan. 13,4 p.m., Room lA. The agenda includes: appointment ofMPOSC vice-chairperson; request for reimbursement authorization of$350,000 for plank road phase portion of Mill Ruins Park interpretive area in Central Mississippi Riverfront Regional Park; request for reimbursement authorization of$71,659 for special assessment against Lebanon Hills Regional Park for Cliff Rd. improvements and consideration of assessment for Dodd Road improvements; report from Mpls. Park & Rec. Board on status of master planning, land acquisition and development plus suggested lands or criteria to consider when evaluating opportunities to add lands to regional park system; report from City of St. Paul on status of master planning, land acquisition and development plus suggested lands or criteria to consider when evaluating opportunities to add lands to regional park system; report from City of Bloomington on status of master planning, land acquisition and development plus suggested lands or criteria to consider when evaluating opportunities to add lands to regional park system; review of draft for public hearing version of 2004-09 metropolitan regional parks capital improvement program; report on 2003 parks commission budget; and other business. The Metropolitan Parks and Open Space Commission offices are located at Mears Park Centre, 230 E. Fifth St., St. Paul, MN 55101. To verify meeting times and agenda items, please call Sandi Dingle at 651-602-1312. 2 .,' METRO DIGEST December, 2002 A digest of actions taken by the Metropolitan Council, Metropolitan Airports Commission, Metropolitan Parks & Open Space Commission and Metropolitan Sports Facilities Commission. Minutes of all Council and Commission meetings are filed with the Legislative Reference Library, 645 State Office Building, 6th Floor, in S1. Paul for a period of up to two years and can be viewed by the public. Call the appropriate commission or operations area for meeting information and/or specific questions. Metropolitan Council The Metropolitan Council is located at Mears Park Centre, 230 E. Fifth St., S1. Paul, MN, 5510 I. For further information regarding the contents of this publication, contact Sandra Lindstrom at (651) 602-1390. The Council's general number is (651) 602-1000, TDD: (651) 291-0904. Call the Metro Information Line at (651) 602-1888 for recorded information about upcoming Council meetings and regional events, current job openings and Section 8 housing information. Recent Council publications can be found at major public libraries in the Metro Area. Publications can be ordered bye-mail. The address is: data.center@metc.state.mn.us Comments can be made to that address as well as (651) 602-1500, the Metro Council Public Comment Line. Check the internet web site at http://www.metrocouncil.org. The Council... update for the Elm Creek Interceptor, MCES Project No. 900400 and authorizing Environment its Regional Administrator to negotiate with the city of Rogers for acquisition of their . authorized its Regional Administrator to wastewater treatment plant. award and execute a contract for construction of the Empire Wastewater . reviewed a Dental Mercury Reduction Treatment Plant 2002 Miscellaneous Program and took the following actions: Improvements Project, MCES Project No. 940104, with Shank Constructors for their 1. authorized implementation of the joint low bid of $1,302,300. MCES/Minnesota Dental Association (MDA) Program to reduce dental . authorized its Regional Administrator to mercury discharge levels; negotiate and execute an engineering services contract for the System-Wide 2. granted a variance from the Local Septage Management Study with Camp Pretreatment Standard for mercury in Dresser McKee at a cost not to exceed the MCES Waste Discharge Rules to $320,000. dental offices participating in the program; and . authorized its Regional Administrator to negotiate and execute a contract to purchase 3. approved a targeted grant to MDA to and implement an Industrial Waste Business cover a share of the costs of marketing Management System - specifically the the program to dentists. P ACS 2000 pretreatment management software system - from enfoTech & . authorized its Regional Administrator to Consulting, Incorporated. award and execute a contract for construction of the South Washington . adopted a resolution, as required by the County Interceptor - Phase I, MCES Project Minnesota Pollution Control Agency, No. 970111, with Barbarossa & Sons, Inc. approving and adopting the facility plan for their low bid of $11 ,367,782.25. "" METRO DIGEST · authorized its Regional Administrator to negotiate and execute an engineering services contract for design and construction support services for the Lift Station Supervisory Control and Field Telemetry Project with Arden Environmental Engineering at a cost not to exceed $1,175,000. Relief and Brownfields Revitalization Act up to the amount of$5.2 million; and 2. authorized staff to administer the funds as follows: · authorized its Regional Administrator to execute a Relocation Agreement with Williams Pipe Line Company for the relocation of pipeline facilities at the Empire Wastewater Treatment Plant at a cost not to exceed $325,000; Empire Plant Expansion and Lift Station Project, MCES Project No. 800910. a. $200,000 for petroleum assessment in partnership with MEI's Resources for Redevelopment (R4R) program; and b. up to $5 million revolving loan fund (RLF) grant program that includes at least 60% of the funds for loans available as an RLF and no more than 40% of the awarded funds as subgrants. · authorized its Regional Administrator to enter into a construction contract with Rie- Man Construction, Inc. for construction of Woodbury L 73 Tunnel in the amount of $13,148,519.50. · reviewed the city of Corcoran's Comprehensive Plan Update and approved the following recommendations: · authorized its Regional Administrator or his designee to administer a targeted grant to the University of Minnesota, Water Resources Center, from ]\vletroEnvironment Partnership Grant Prograrn junds in an amount not to exceed $100,000 for the development and initial implementation of a Natural Resources Inventory Education Program. Additional funding sources will be sought for implementation beyond the grant period. I. allow the city of Corcoran to put its Comprehensive Plan into effect; 2. require the city of Corcoran to take the following actions prior to the provision of regional wastewater services: a. participate in the Livable Communities Act (LCA) program, including an LCA Housing Plan; b. submit an adopted Erosion Control Ordinance by May 2003; Livable Communities · considered applying to the Environmental Protection Agency (EPA) for Brownfield Clean-up funding and took the following actions: c. submit a local surface water management plan within 120 days of adoption of the Elm Creek Watershed District's updated plan; 1. authorized staff, in cooperation with the Minnesota Environmental Initiative (MEI), to apply for a grant to the EP A under the new Small Business Liability d. submit the Parks Plan for Council review; e. submit a water supply plan or inter- community agreements and, as Page 2 December 2002 , ' METRO DIGEST necessary, amended water supply plans of adjacent communities for Council review; f. submit the city's Tier II Sewer Plan for approval prior to making improvements to the local wastewater system (Minn. Stat. Sec. 473.513); and g. participate in the Council's Plat Monitoring Program. 3. require the city of Corcoran to take the following actions prior to the provision of regional wastewater services to the Southwest District: a. ensure that Medina's local wastewater system has capacity to accommodate 0.4 mgd from Corcoran; b. execute an inter-community flow agreement with the city of Medina; c. work with Medina to amend Medina's Sewer Plan to include affected changes; d. coordinate staging of development to be consistent with Medina's Comprehensive Plan; and e. refine land uses in the Southwest District to allow for more balanced mix of uses including commercial, business park, single family housing and multifamily housing. . adopted the LCA affordable and life-cycle housing goals as negotiated with Elko, Loretto and New Market as set forth in the attached goals document. · authorized a three-year loan of$39,500 to the city of Jordan for the completion of its Page 3 Comprehensive Plan. · awarded Tax Base Revitalization Account (TBRA) grants as follows: 1. St. Paul Port - Energy Park, $200,000 2. MCDA - 501 Washington Ave, $35,090 3. Hopkins - Excelsior Tech Center, $579,528 4. St. Paul Port - Westminster Junction, $327, 500 5. MCDA - North Washington Industrial Park, $55,421 6. * Stillwater - Lofts Of Stillwater, $124,159 7. MCDA - Hubbard Building, $100,000 8. South St. Paul HRA - 140 Hardman Ave S, $510,494 9. Robbinsdale EDA - 4181 W Broadway, $92,808 10. MCDA - Lenox Flats, $125,000 11. MCDA - Portland Condos, $460,000 12. MCDA - 628 Franklin, $140,000 *Funding for the Stillwater project is conditional upon the developer committing to assist in making at least six rental units affordable at some other location within the city. Manal!ement · found it necessary to meet with its attorneys in confidential settings to preserve the attorney-client privilege and approved holding at the dates, times and places indicated meetings that will be closed to the public to discuss attorney-client privileged matters related to pending and imminent litigation and settlement issues. · adopted a resolution authorizing its Regional Administrator to execute a loan agreement with the Minnesota Public Facilities Authority (PF A) and to issue the related General Obligation Sewer Note December 2002 . , METRO DIGEST securing the loan agreement. following regional trails: · approved the 2002 Metropolitan Agencies Personnel, Ethical Practices and Communication Activities report for transmittal to the Minnesota Legislature. a. the "Brooklyn Center/ Robbinsdale Corridor" as described in the "First Tier Trails, Greenways and Parks Master Plan" (Referral 18693- 1); · updated the Council's Post Retirement Policy. · accepted the Minnesota State Auditor's Management and Compliance Report for the Metropolitan Council for year ended December 3 l, 200 l, which was presented to the Audit Committee on November 12, 2002. b. the "Crystal/Robbinsdale Corridor" as described in the "First Tier Trails, Greenways and Parks Master Plan;" · authorized its Regional Administrator to renew property insurance with FM Global from January 1, 2003, through December 21,2003, for an amount not to exceed $1,041,158. c. the "New Hope/Crystal/Golden Valley Corridor" as described in the "First Tier Trails Greenways and Parks Master Plan; d. the "Edina/Richfield Corridor" as described in the "First Tier Trails, Geenways and Parks Master Plan; and · approved resolutions adopting the Council's 2003 Unified Operating Budget, related tax levies, the 2003-2012 Capital Improvement Program and 2003 Capital Budget. I. adopted the final statement of findings and conclusions included in the hearing report and directed staff to make the amendments to the Regional Recreation Open Space Policy Plan recommended therein; e. the Northeast Diagonal Corridor encompassing the Burlington Northern Railroad right-of-way, which is being planned for transit and trail use according to the submitted testimony, and can connect to regional trails on the Mississippi River in Minneapolis with Grass- Vadnais-Snail Lake Regional Park and Highway 96 Regional Trail in Ramsey County. Designate the Northeast Diagonal Corridor as a regional trail under a new "Category F - being master planned for shared use with transit of this right-of- way in the future. Parks · reviewed the public hearing findings/ recommendations to adopt sections of the "First Tier Trails, Greenways and Parks Master Plan" as an amendment to the Regional Recreation Open Space Policy Plan and took the following actions: 2. adopted Resolution No. 2002-43 amending the Regional Recreation Open Space Policy Plan to add the 3. requested Three Rivers Park District to prepare master plans for those trails numbered a) to d) in the previous recommendation in consultation with affected local Page 4 December 2002 MRTRO DIGEST governments. Three Rivers Park District should prepare a master plan for the Northeast Diagonal Corridor jointly with Ramsey County (Regional Rail Authority and Parks Department), Hennepin County Regional Rail Authority and the Minneapolis Park and Recreation Board, since the trail would include right-of-way traveling through those jurisdictions. All trail master plans should be submitted to the Metropolitan Council for review and approval in order for such trails to be eligible for funding in the regional parks Capital Improvement Program. Trail and took the following actions: 1. authorized a grant of $53,000 from Part 4 of the 2002-2003 Metropolitan Regional Parks CIP to Dakota County to finance 40% of the $133,000 needed to acquire a permanent easement for the Mississippi River Regional Trail and associated trail trailhead on the Malcolm Property as illustrated; · reviewed a request from Washington County for Part 4 Capital Improvement Program (CIP) funds to partially finance Big Marine Park Reserve land acquisition and reimbursement authorization in a future Regional Parks CIP and took the following actions: 2. encouraged the Minnesota Department of Natural Resources (DNR) to develop an interpretive trail on land cleared for a natural gas pipeline in the Pine Bend Development property as a way to provide opportunities for regional trail users to view the Mississippi River and the vegetation and wildlife in the Scientific and Natural Area; and 3. carried over any unobligated funds from Part 4 of the 2002-2003 regional parks CIP to Part 3 of the 2004-2005 regional parks CIP as a way to maximize the use of Council bonds for regional park system land acquisition. 1. authorized a grant of up to $500,000 from Part 4 of the 2002-2003 Metropolitan Regional Parks CIP to Washington County to finance 40% of the $1,250,000 needed to fully finance the acquisition of three parcels totaling 27.4 acres in Big Marine Park Reserve; and Rel:!:ional Growth Policv · reviewed the city of Hugo's Comprehensive Plan Amendment, plan modification response and Everton Avenue Area Plan and adopted the Review Record with the fo Howing recommendations: 2. considered reimbursing up to $750,000 in a future Regional Parks CIP for Washington County's expenditures to acquire the three parcels in Big Marine Park Reserve. 1. advise the city of Hugo that it may put its Comprehensive Plan Amendment into effect with no required modification; · reviewed a request from Dakota County for Part 4 Capital Improvement Program (CIP) Funds to partially finance a trail easement and trailhead for Mississippi River Regional 2. advise the city of Hugo that it must submit a Comprehensive Sewer Plan, or a Tier II Plan, to the Council for final approval after adoption of the Comprehensive Plan Amendment and prior to construction of any sewer Page 5 December 2002 METRO DIGEST extensions or additions; and Otter Lake Road as A Minor Arterials. 3. advise the city of Hugo that it should continue to work on implementing protection strategies for the urban reserve and to submit these to the Council. · reviewed White Bear Township's Comprehensive Plan Update and adopted the Review Record with the following recommendations: 1. White Bear Township may put its Comprehensive Plan, as amended, into effect and no plan modifications are required. 2. White Bear Township provide the Council with an annual update in meeting their inflow/infiltration (VI) goal. 3. White Bear Township amend the Comprehensive Plan to revise Table 4.4 in Appendix A to accurately reflect the limited potential for further high density (up to at least 10 units per acre) residential development. 4. Upon the approval of the Township's Comprehensive Plan and prior to the construction of any extensions or additions to its disposal system, the Township must submit a Comprehensive Sewer (Tier II) Plan to the Council for final approval. The Comprehensive Sewer Plan shall be consistent with the Township's approved Comprehensive Plan and reflect any modifications recommended by the Council. 5. White Bear Township request the Transportation Advisory Board's Technical Advisory Committee to designate White Bear Parkway and Page 6 · approved a resolution approving and adopting Blueprint 2030. Transportation · considered adding a fourth language to the LRT ticket vending machines and took the following actions: 1. designated English, Spanish and Hmong as three languages to be included in ticket vending machines for the Hiawatha light rail line and Northwest Corridor Busway; 2. included Somali as a fourth language on the ticket vending machines; and 3. authorized and directed its Regional Administrator to negotiate a change order to the TVM contract with Cubic to reduce the number of TVMs and add a fourth language without increasing the contract price. . authorized its Regional Administrator to negotiate and execute a Project Funding Agreement with the Metropolitan Airports Commission (MAC) for MAC to fund Hiawatha LRT-related improvements on MAC property in an amount of$242,468. . authorized its Regional Administrator to negotiate and execute a project funding agreement with the Minneapolis Community Development Agency (MCDA) to fund a portion of the fabrication, construction and installation of artistic elements previously approved by the Arts Committee for the Downtown East/Metrodome Station in an amount not to exceed $300,000. · authorized its Regional Administrator to negotiate and execute a contract amendment with URS Corporation, the Hiawatha December 2002 METRO DIGEST Project Management Consultant (PMC), to adjust the contract total from $15.4 million to an amount not to exceed $16.9 million. . authorized Metropolitan Transportation Services to initiate Requests for Proposals (RFPs) to identify new contracted transit service providers, through a competitive bid process, for the East Metro, West Metro, and 604-614 service contract packages due to end in September 2003. · authorized its Regional Administrator to enter into a contract with MnDOT in the amount of $4,790,177 for the purpose of passing through federal CMAQ funds for regional Travel Demand Management (TOM) services. · authorized its Regional Administrator to negotiate and execute a contract amendment for the period January 1,2003, through December 31, 2005, with Lorenz Bus Service, for operation of North Suburban Lines service in St. Paul and the northern suburbs in an amount not to exceed $4,647,344. . authorized its Regional Administrator to execute a contract with the Goodyear Tire & Rubber Company for tire lease and service in accordance with the Council's specifications and Goodyear's bid dated October 25,2002. · authorized its Regional Administrator to enter into a two-year contract with Printing Enterprises to print bus schedules as specified and per the bid rates through December 31, 2004, with renewal for an additional 12 months upon mutual agreement. · authorized its Regional Administrator to negotiate and amend the professional services agreement with Cubic to provide Page 7 the following: 1. an additional 100,000 smart cards for the Regional Fare Collection System; and 2. a pre-paid benefits package for the Regional Fare Collection system. · authorized its Regional Administrator to execute an interagency agreement (Master Cooperation Agreement) with Hennepin County for services related to the construction of Bus Rapid Transit (BRT) service on County Road 81 between Minneapolis and Rogers. · amended the 2002 Capital Budget increasing the annual budget appropriation by $1,500,000 and authorized changes to the 2002 Authorized Capital Program which reflects individual projects as presented. · authorized its Regional Administrator to negotiate and execute a contract with Hay- Dobbs P.A. for preliminary and final design of stations and park and ride facilities, station area planning at two locations, and construction support services on the Northwest Corridor in an amount not to exceed $1.5 million. · authorized its Regional Administrator to amend the current bus procurement contracts with Gillig Corp. to include the labor cost to install Metro Transit's wiring harness for the new 800 MHz radio system and Automated Passenger Counters (APC). · authorized presentation of the Sector 5 Concept Plan to the public for review and comment at meetings and a public hearing in January/February, 2003. · authorized its Regional Administrator to negotiate and acquire the property owned by Viking Electric at 924 - 51h Street North at a December 2002 METRO DIGEST cost not to exceed $695,000 · authorized its Regional Administrator to negotiate and execute an interagency agreement with Hennepin County for purposes of providing waste heat energy to the Heywood Facility from the Hennepin Energy Resource Company resulting in a reduction in natural gas energy costs. · authorized its Regional Administrator to execute a service agreement renewal with Minnesota Valley Transit Authority (MVTA) for the service period January 1, 2002, to December 31, 2004. · reviewed the Minneapolis Light Rail Transit (LR T) Station Area Plan Amendment and adopted the Review Record which included the following: 1. The city of Minneapolis may put the Comprehensive Plan Amendments into effect with the following recommendation: a. The city address surface water management for each of the LR T station areas as part of its second generation Surface Water Management Plan, and work closely with the Council staff as this Surface Water Management Plan is prepared. The Council Also: · held its Truth in Taxation Public Hearing on December 4, 2002. · held public hearings on the Council's 2003 Unified Operating Budget and related tax levies and the 2003-2012 Capital Improvement Program and 2003 Capital Budget. · presented Regional Leadership A wards to the members of the Mayors' Regional Housing Task Force. · received MetroGIS award and Certificate of Apprec iation. · received and presented the National Association of Minority Contractors 2002 Affiliate of the Year Non-Profit Agency A ward. New Publications Council publications are available from the Council's Regional Data Center. For a free and complete list of publications, write the Metropolitan Council Data Center, 230 E. Fifth St., St. Paul, MN 55101, oreal! (651) 602-1140. E-mail addressis:data.center@metc.state.mn.us There is a charge for some publications. The bimonthly Council Directions newsletter provides information on regional issues and Council Programs. If you wish to subscribe to Council Directions at no charge, call Dawn Hoffner at (651) 602-1447. Metropolitan Commission Activities Metropolitan Airports Commission Metropolitan Airports Commission offices are located at 6040 28th Av. S., Minneapolis, MN 55450. For more information, call Lynn Sorensen at (612) 726-8186. Page 8 The Commission: · approved the 2003 Operating Budget following extensive deliberation and review by the Commission's Finance Committee. December 2002 j METRO DIGEST · approved the 2003-2009 Capital Improvement Program (CIP) with modifications to include the St. Paul Downtown Airport Flood Protection Project and Anoka County-Blaine Airport projects in the 2004 CIP. · ratified a resolution of support for the Proposed Marketing Agreement between Northwest, Delta and Continental Airlines. · authorized staff to issue an amended Request for Proposals for the operation of an outdoor advertising concession. Metropolitan Parks & Open Space Commission (MP&OSC) Metropolitan Parks & Open Space Commission offices are located at Mears Park Centre, 230 E. Fifth St., St. Paul, 55101. For more information, call Sandi Dingle at (651) 602-1312. The Commission: · reviewed a request from Dakota County for Part 4 Capital Improvement Program (CIP) Funds to partially finance a trail easement and trailhead for Mississippi River Regional Trail and recommended that the Metropolitan Council: I. authorize a grant of $53,000 from Part 4 of the 2002-2003 Metropolitan Regional Parks CIP to Dakota County to finance 40% of the $133,000 needed to acquire a permanent easement for the Mississippi River Regional Trail and associated trailhead on the Malcolm Property as illustrated; 2. encourage the Minnesota Department of Natural Resources (DNR) to develop an interpretive trail on land cleared for a natural gas pipeline in the Pine Bend Development property as a way to provide opportunities for regional trail users to view the Mississippi River and Page 9 the vegetation and wildlife in the Scientific and Natural Area; and 3. carry over any unobligated funds from Part 4 of the 2002-2003 regional parks CIP to Part 3 of the 2004-2005 regional parks CIP as a way to maximize the use of Council bonds for regional park system land acquisition. · reviewed the North Mississippi Regional Park Master Plan Amendment and recommended that the Metropolitan Council approve the plan amendment thus making the $750,000 estimated development cost eligible for reimbursement from the Metropolitan Council. The funding includes $358,000 from the 2002-2003 Capital Improvement Program (CIP) request for North Mississippi that was not funded in 2002. Currently those funds are part of the CIP funding recommended by the Legislative Commission on Minnesota Resources (LCMR), pending final approval by the 2003 Legislature. The difference of $392,000 will likely be requested from Regional Park Bond interest earnings per the legislation directing those funds to North Mississippi Regional Park. Metropolitan Sports Facilities Commission (MSFC) Metropolitan Sports Facilities Commission offices are located at 900 South 5th St., Minneapolis, MN 55415. For more information, call Nancy Matowitz at (612) 335-3310. The Commission: · approved the 2003 Legislative Representative Contract with the McGrann Shea Law Firm for a period of two years beginning November I, 2002, through October 31, 2004. · approved and authorized the Executive Director to expend payments for the plaza project up to the budgeted amount of December 2002 , METRO DI6EST $1,000,000.00. · approved Plans and Specifications for the 2003 Concessions Renovation Project. · authorized the Chair and Executive Director to enter into a security service contract with Burns International, Special Services from January 1,2003, through December 31, 2005. · authorized the Chair and Executive Director to enter into a special event ushering service contract with Bums International, Special Services from January 1,2003, through December 31, 2005. . authorized the Chair and Executive Director to enter into an event operation service contract with Copernicus Event and Management Company and Proevents International from January 1,2003, through December 31,2005. · authorized the Chair and Executive Director to enter into a service contract for snow removal with Ceres Environmental Services Inc. · authorized the Chair and Executive Director to enter into a field carpet cleaning service contract with Georges Cleaning Systems. · authorized the Chair and Executive Director to enter into a maintenance painting service contract with Davidson, Decorating, Design, Inc. · authorized the Chair and Executive Director to enter into a maintenance electrical service contract with Hunt Electric Corporation. Page 10 December 2002