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Home My WebLink About2021-09-22 CC Packet CITY OF CENTERVILLE CITY COUNCIL WORK SESSION & COUNCIL MEETING AGENDA Wednesday, September 22, 2021 5:00/6:30 p.m. MEETING IS IN PERSON CITY HALL COUNCIL CHAMBERS LIVE-STREAM: https://northmetrotv.com/centerville-stream/ WORK SESSION (5:00 PM) I.CALL TO ORDER 1.Roll Call II.AGENDA ITEMS 1.Downtown Planning 2.Old Mill Estates Trail Update 3.Junior Councilmember 4.COVID Response COUNCIL MEETING (6:30 PM) CALL TO ORDER Roll Call PLEDGE OF ALLEGIANCE APPROVAL OF AGENDA APPOINTMENTS/PRESENTATIONS None PUBLIC HEARING None APPROVAL OF MINUTES CONSENT AGENDA City of Centerville Claims throughSeptember 22, 2021 (Check #34542-34593), (1763-1768E) & Voided Check #34484 Centennial Lake Police Department Claims throughSeptember 9, 2021 (Check #13993-14001), Payroll Check #13991-13992 & (2021047E) Centennial Fire District Claims through September 14, 2021 (Check #9153-9156) & Payroll Check #9150-9152 4.Proclamation Î October, 2021 Domestic Violence Awareness Month 5.MN Dept. of Health, Source Water Protection Plan Implementation Grant Application (3 Well Sealings) 6.Special Assessment Agreement, Waiver of Hearing & Appeal (Water Connection Fees Associated with 1740 Main Street) VIII. OLD BUSINESS 1.2022 Preliminary General Fund Budget Adoption 2.7064 Centerville Road Î Assessment Waiver and Right of Entry Agreement IX. NEW BUSINESS 1.Rehbein Commercial a.DeveloperÓs Agreement 2.Code Revisions a.Chapter 50 Î Garbage and Rubbish b. Chapter 156.102 Î Home Occupations c. Chapter 156.111 Î Fences X. COUNCIL/ADMINISTRATOR ANNOUNCEMENTS 1.Administrator/Engineer Report 2.Council Reports a.Lakso Anoka County Fire Protection Council Parks & Recreation b. Koski Fire Steering Committee Planning & Zoning Commission c. King Economic Development Authority d. Mosher Economic Development Authority Police Governing Board e. Love North Metro Telecommunications Commission Police Governing Board Fire Steering Committee Other Mayoral Reports XI. ADJOURNMENT INFORMATIONAL MATERIAL None REMINDERS Parks & Recreation Committee Î Wednesday, October 6, 2021 Planning & Zoning Commission Î Tuesday, October 5, 2021 (P.H. Outside Storage) City Council Meeting Î Wednesday, October 13, 2021 Volunteer Appreciation Event Î October 14, 2021, City Hall Î Fire Station Economic Development Authority Î Wednesday, October 20, 2021 CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: August 25, 2021 Administration/Planning WS 3 TITLE OF ISSUE: Downtown Planning BACKGROUND AND SUPPLEMENTAL INFORMATION: In 2020, the Council re-adopted the Downtown Master Plan and Guidelines with minor modifications. Over the past 2 years, we have seen some higher density developments and Tax Increment Proposals approved by th Planning Commission, only to have them rejected at the Council level. More recently, the Council voted, on a 3-2 margin, to move forward with purchase agreement for a development at the low end of the densityrequirements. While the EDA works to develop a small city-owned lot as a mixed-use building, city staffcontinue to field calls of people interested in developing in the city's downtown. It is imperative that staff and our appointed committees fully understand the goals, objectives and preferred strategies of the Council as a whole, especially as it relates to downtown. The attached maps provide some information to spur discussion on how best to approach our redevelopment opportunities. COST AND SOURCE(S) OF FUNDING: N/A REQUESTED COUNCIL ACTION: Work Session item only. For ClerkÓs Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ Vote Record: Aye Nay _____ _____ Existing Conditions Map, Other (specify) ____________ _____ _____ _____ _____ Underdeveloped Parcel Map _______________________________________________________________ _____ _____Ki _____ ____________________________________________________________________ Administration Department Use: Refer to: _________________________________ Consent Tabled Until: ______________________________ Regular Other: ___________________________________ Ipnf Bqbsunfout )25* Ipnf Ipnf Ipnf Wbdbou Wbdbou Bqbsunfout )7* Bqbsunfout Wbdbou )4* Cvjmejoh Boujrvft- Lfmmz(t-!Wbdbou Bqbsunfout!)3* Ipnf Ipnf Ipnf bqbsunfout!)3* Sjwbse Tu/!Hfofwjfwf(t Dbufsjoh- Ipnf Fmfdusjd Dbuipmjd!Divsdi Bqbsunfout )jobdujwf*!boe!Sfdupsz )3* Ipnf Ipnf Ipnf Ipnf Efwfmpqnfou Ipnf Tpvuifso jorvjsz Ipnf Wbdbou Sbjm-!Wbdbou Ipnf bqbsunfout!)3* Downtown (M-1) Ipnf Ipnf Ipnf Ipnf Wbdbou - 21 active apartment units Qspqptfe - 4 vacant apartment units Upxoipnft Dpodfqu; )37* - 1 vacant commercial building Upxoipnft Ipnf - 9 homes )5,* Ipnf Ipnf IpnfIpnf - 4 businesses (antiques, catering, Ipnf Ipnf bar/restaurant, bar) - 2 half-acre vacant lots (City-owned) - 0 paved, off-street parking Ipnf Ipnf Ipnf Ipnf Ipnf Ipnf Ipnf Downtown (M-2) Ipnf - 6 active apartment units Ipnf - 1 business (electrician) - 1 vacant buildable parcel (0.3-acre) - 30 planned townhomes - 26 homes CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: September 22, 2021 Engineering/Planning WS #2 TITLE OF ISSUE: Old Mill Estates BACKGROUND AND SUPPLEMENTAL INFORMATION: At the last City Council meeting, we reviewed the situation at 1844 Old Mill Court, related to the planned Bituminous Trail. At the meeting, the Council discussed alternatives. One of those was the construction of a boardwalk through the wetland. Since the meeting we have learned: 1) a boardwalk CAN be constructed WITHOUT wetland impacts 2) the estimated cost of the boardwalk is around $40k 3) the cost of the displaced trail (part that would NOT be built) is around $3,000 4) the homeowners may be interested in pursuing this option at their cost. Staff is requesting discussion on maintenance, design (width, etc.), cost participation, technical assistance and project logistics (bidding, financing, timing, etc.). COST AND SOURCE(S) OF FUNDING: TBD REQUESTED COUNCIL ACTION: Discussion only. For ClerkÓs Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ Vote Record: Aye Nay _____ _____ cost and design info Other (specify) ____________ _____ _____ _____ _____ _______________________________________________________________ _____ _____Ki _____ ____________________________________________________________________ Administration Department Use: Refer to: _________________________________ Consent Tabled Until: ______________________________ Regular Other: ___________________________________ .ƚğƩķǞğƌƉ/ƚƭƷƭ From2016ProjectinBlaine: 10' WIDE BOARDWALK WITH 8 HELICAL PIERS 1015 LF $182.00 HELICAL PILE 9 LEAD SECTIONS 1190 LF $54.60 HELICAL PILE 10 EXTENSIONS 2436 LF $19.00 TERMINATION 11 CAPS 170 EA $150.00 Therefore: Assume85LFofBoardwalk:85x$182/LF=$15,470.00 Pileleads=1.17LF/LFofBoardwalk:1.17x85x$54.60/LF=$5,441.17 Pileextensions=2.4LF/LFofBoardwalk:2.4x85x$19/LF=$3,876.00 TerminationCaps=0.17/LFofBoardwalk:0.17x85x$150=$2,135.47 Total=$26,922.64 @3%Inflationfrom2016to2022ΑTotal=υЌЋͲЊЍА *Notes:ProposedBoardwalkmaybe6or8feetwide,whilecostestimatebasisis10footwide.This boardwalk,whilewewould shouldreduceprojectedcosts.However,thisbidwasforover1,000LFof bebuildingjustunder100LF.Thiswilllikelydrivetheunitcostsfortheseitemsup.Thenetresultof thesetwothingsmaywashoutormayleanthecostsonewayoranother.Forthisestimateweassume awash. AddEngineeredDrawings:say υЎͲЉЉЉ AddSoilboringsorobservationsbyengineer:say υЌͲЉЉЉ 5źƭƦƌğĭĻķƩğźƌ/ƚƭƷƭ From5ĻǝĻƌƚƦĻƩ͸ƭContractorBid Theaboveunitcostpersquarefootincludesthegravelandgrading.Therefore: $2,040 Assume85LFofTrailΛБ͸Wide):85x8=680SF680SFx$3/SF= RailingΑυЊͲЎЍБ Total=$2,040+$1,548=υЌͲЎББ bĻƷ9ƭƷźƒğƷĻķ/ƚƭƷƚŅ.ƚğƩķǞğƌƉtƩƚƦƚƭğƌźƭʹ $32,147+$5,000+$3,000$3,588=υЌЏͲЎЎВ CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: September 22, 2021 Administration WS #3 TITLE OF ISSUE: Junior Councilmember BACKGROUND AND SUPPLEMENTAL INFORMATION: At council's direction, staff has researched the idea of a "Junior Councilmember" program. In reaching out to the Minnesota Youth Council, they were able to point us to a number of cities (Golden Valley, Edina, Woobury, Eden Prairie, with programs where students are appointed to any number of the city's committees and/or commissions. In general, most cities had similar parameters for the programs: no voting, no pay, 1 year term, Junior/Senior in HS, resident of city, or attend school in city, sit with the commission and participate in discussions. Some programs encouraged members to research topics and make presentations to the board. Other similar programs included a "Mayor's Youth Council", which was more of a separate advisory board, with a liaison to the Council. Staff has been unable to find a city in Minnesota that has a Junior Councilmember, but did find one in Pennsylvania with some helpful thoughts (see attached presentation). COST AND SOURCE(S) OF FUNDING: TBD - A stipend of $50/mtg was discussed. REQUESTED COUNCIL ACTION: Discussion only. For ClerkÓs Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ Vote Record: Aye Nay _____ _____ PA Jr. Council program info; Northfiled Other (specify) ____________ _____ _____ _____ _____ Mayor's Counicl info _______________________________________________________________ _____ _____Ki _____ ____________________________________________________________________ Administration Department Use: Refer to: _________________________________ Consent Tabled Until: ______________________________ Regular Other: ___________________________________ DjuzpgOpsuigjfme QsphsbnJogp CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: September 22, 2021 Administration WS #4 TITLE OF ISSUE: COVID-19 Response BACKGROUND AND SUPPLEMENTAL INFORMATION: We have had a few citizen requests, asking if they city would put in place its own mask mandate, etc. In the ever-changing world of COVID-19 mandates and best practices, we wanted to just take a brief moment to reaffirm our commitment to follow state and county mandates, in lieu of making our own mandates. COST AND SOURCE(S) OF FUNDING: N/A REQUESTED COUNCIL ACTION: Discussion only. For ClerkÓs Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ Vote Record: Aye Nay _____ _____ Other (specify) ____________ _____ _____ _____ _____ _______________________________________________________________ _____ _____Ki _____ ____________________________________________________________________ Administration Department Use: Refer to: _________________________________ Consent Tabled Until: ______________________________ Regular Other: ___________________________________ 09/17/21 4:22 PM CITY OF CENTERVILLE Page 1 Check Detail - September 22, 2021 Check DateCheck #Vender NameCommentsAmount 19/17/2021001763EIRS/EFTPSFED W/H - PAY PERIOD 19$2,755.50 19/17/2021001763EIRS/EFTPSFICA/MED W/H - PAY PERIOD 19$3,944.42 Check Nbr 001763 IRS/EFTPS$6,699.92 19/17/2021001764EPERAPERA W/H - PAY PERIOD 19$3,550.96 Check Nbr 001764 PERA$3,550.96 19/17/2021001765ETASCFSA W/H - SEPT. 2021$114.58 Check Nbr 001765 TASC$114.58 19/17/2021001766EOPTUM BANK - H.S.A.H.S.A W/H - PAY PERIOD 19$1,296.33 Check Nbr 001766 OPTUM BANK - H.S.A.$1,296.33 19/17/2021001767EMINNESOTA DEPT OF REVENUESTATE W/H - PAY PERIOD 19$1,126.03 Check Nbr 001767 MINNESOTA DEPT OF REVENUE$1,126.03 19/17/2021001768EMINNESOTA DEPT OF REVENUECOMM WATER SALES TAX - AUGUST 2021$317.00 19/17/2021001768EMINNESOTA DEPT OF REVENUESOLID WASTE TAX - GARBAGE - AUGUST 2021$1,374.00 19/17/2021001768EMINNESOTA DEPT OF REVENUESALES TAX ON WATER METERS - AUGUST 2021$106.00 Check Nbr 001768 MINNESOTA DEPT OF REVENUE$1,797.00 19/22/2021034542 AFLACSEPTEMBER 2021 AFLAC$251.60 Check Nbr 034542 AFLAC$251.60 19/22/2021034543 AIRFRESH INDUSTRIES, INC.EXTRA PUMPING - PORTABLE RESTROOM RENTAL - 8-24-21 T$72.00 19/22/2021034543 AIRFRESH INDUSTRIES, INC.PORTABLE RESTROOM RENTAL - 8-24-21 THRU 9-20-21$672.00 Check Nbr 034543 AIRFRESH INDUSTRIES, INC.$744.00 19/22/2021034544 ANCONA TITLE & ESCROW1963-73RD ST - REFUND OVER PD FINAL UT$2.40 Check Nbr 034544 ANCONA TITLE & ESCROW$2.40 19/22/2021034545 ANDERSON, GINA & JASON1625 WIDGEON CIRCLE - REFUND OVER PYMT ON FINAL UT $200.00 Check Nbr 034545 ANDERSON, GINA & JASON$200.00 19/22/2021034546 ANOKA COUNTY PROPERTY RECORDS591233.001 - 1823 PRAIRIE DR - ENCROACHMENT AGREEME$46.00 Check Nbr 034546 ANOKA COUNTY PROPERTY RECORDS$46.00 19/22/2021034547 APOLLO DEVELOPMENT LLCRELEASE REMAINING ESCROW FOR BELLEVIEW APTS FOR LE$3,521.00 Check Nbr 034547 APOLLO DEVELOPMENT LLC$3,521.00 19/22/2021034548 ARDEN TITLE LLC1983 ROBIN LN N - REFUND OVER PD ON UT$46.94 Check Nbr 034548 ARDEN TITLE LLC$46.94 19/22/2021034549 ATTORNEYS TITLE GROUP, LLC2056 WILLOW CIR - REFUND OVER PD FINAL UT$75.44 Check Nbr 034549 ATTORNEYS TITLE GROUP, LLC$75.44 19/22/2021034550 BENDER, TERESAREIMBURSE - LYSOL WIPES & PAPER$41.98 Check Nbr 034550 BENDER, TERESA$41.98 19/22/2021034551 C.W. HOULE, INC.REPAIR 2 CATCH BASIN ACROSS FROM 2065 COMMERCE DR/ $15,815.00 Check Nbr 034551 C.W. HOULE, INC.$15,815.00 19/22/2021034552 CANON FINANCIAL SERVICES INC.P.W. COPIER MAINTENANCE SEV THRU 9-30-21$33.13 Check Nbr 034552 CANON FINANCIAL SERVICES INC.$33.13 19/22/2021034553 CENTERPOINT ENERGY6970 LAMOTTE DR - SERV THRU 8-27-21$26.08 19/22/2021034553 CENTERPOINT ENERGY1880 MAIN ST - SERV THUR 8-27-21$84.65 19/22/2021034553 CENTERPOINT ENERGY1785 PELTIER LAKE DR - SERV THRU 8-27-21$27.62 19/22/2021034553 CENTERPOINT ENERGY2085 W CEDAR ST - SERV THRU 8-27-21$88.71 Check Nbr 034553 CENTERPOINT ENERGY$227.06 19/22/2021034554 CITY OF CENTERVILLE - MASTERCAON LINE POSTAGE FEES$9.95 19/22/2021034554 CITY OF CENTERVILLE - MASTERCAWATER$3.99 19/22/2021034554 CITY OF CENTERVILLE - MASTERCAZOOM MEETING$14.99 19/22/2021034554 CITY OF CENTERVILLE - MASTERCAFILTERS FOR CITY HALL$85.60 19/22/2021034554 CITY OF CENTERVILLE - MASTERCAFUEL$176.58 19/22/2021034554 CITY OF CENTERVILLE - MASTERCABLDG SEMINAR - DAN SCHMITZ$65.00 19/22/2021034554 CITY OF CENTERVILLE - MASTERCASUPPLIES$451.16 19/22/2021034554 CITY OF CENTERVILLE - MASTERCAFUEL$1,033.62 09/17/21 4:22 PM CITY OF CENTERVILLE Page 2 Check Detail - September 22, 2021 Check DateCheck #Vender NameCommentsAmount 19/22/2021034554 CITY OF CENTERVILLE - MASTERCAREPAIR & MAINT SUPPLIES$297.46 19/22/2021034554 CITY OF CENTERVILLE - MASTERCAADL - INSTALL NEW TUBE$77.38 19/22/2021034554 CITY OF CENTERVILLE - MASTERCARENTAL FEE - BOBCAT EX GRADER$54.00 19/22/2021034554 CITY OF CENTERVILLE - MASTERCAACCIDENTAL CHARGED - HAS BEEN REIMBURSED$4.69 19/22/2021034554 CITY OF CENTERVILLE - MASTERCAPOSTAGE - WATER SAMPLES$13.35 Check Nbr 034554 CITY OF CENTERVILLE - MASTERCA$2,287.77 19/22/2021034555 CITY OF ROSEVILLEIT SUPPORT SERVICES - SEPT 2021$592.89 19/22/2021034555 CITY OF ROSEVILLEIT SUPPORT SERVICES - SEPT 2021$592.89 19/22/2021034555 CITY OF ROSEVILLEIT SUPPORT SERVICES - SEPT 2021$592.89 19/22/2021034555 CITY OF ROSEVILLEIT SUPPORT SERVICES - SEPT 2021$592.88 Check Nbr 034555 CITY OF ROSEVILLE$2,371.55 19/22/2021034556 CLOSING HUB1956 72 1/2 STR - REFUND OVER PYMT OF FINAL UT$39.47 Check Nbr 034556 CLOSING HUB$39.47 19/22/2021034557 CONNEXUS ENERGY2085 W CEDAR ST - SERV THRU 8-26-21$395.22 19/22/2021034557 CONNEXUS ENERGY6900 20TH AVE - LIFT STAT - SERV THRU 8-26-21$73.05 19/22/2021034557 CONNEXUS ENERGY6800 20TH RADIO FOR SCADA - SERV THRU 8-26-21$7.93 19/22/2021034557 CONNEXUS ENERGY6800 20TH RADIO FOR SCADA - SERV THRU 8-26-21$7.93 19/22/2021034557 CONNEXUS ENERGY7100 20TH AVE N - TRAFSG - SERV THRU 8-26-21$84.78 19/22/2021034557 CONNEXUS ENERGYSTREET LIGHTS - 395653-219699 - SERV THRU 8-26-21$65.29 Check Nbr 034557 CONNEXUS ENERGY$634.20 19/22/2021034558 CORE & MAINWATER METER - OMNI 2 & PARTS$2,275.80 Check Nbr 034558 CORE & MAIN$2,275.80 19/22/2021034559 E & L SERVICESRETURN ESCROW FOR PRELIMINARY PLAT CK#2845 - RECEIP$5,000.00 19/22/2021034559 E & L SERVICESRETURN ESCROW FOR PUD APPLICATION CK#2844 - RECEIP$1,000.00 Check Nbr 034559 E & L SERVICES$6,000.00 19/22/2021034560 EXECUTIVE TITLE SERVICES, INC.7254 BRIAN DR - OVER PD FINAL UT BILL$42.12 Check Nbr 034560 EXECUTIVE TITLE SERVICES, INC.$42.12 19/22/2021034561 GAMETIMELEXAN BUBBLE 28"$273.60 Check Nbr 034561 GAMETIME$273.60 19/22/2021034562 GOPHER STATE ONE CALL INCSERV THRU AUGUST 2021$37.80 19/22/2021034562 GOPHER STATE ONE CALL INCSERV THRU AUGUST 2021$37.80 Check Nbr 034562 GOPHER STATE ONE CALL INC$75.60 19/22/2021034563 INNOVATIVE OFFICE SOLUTIONS LLOFFICE SUPPLIES$86.65 Check Nbr 034563 INNOVATIVE OFFICE SOLUTIONS LL$86.65 19/22/2021034564 INSTRUMENTAL RESEARCH INCAUGUST WATER TESTING$52.50 Check Nbr 034564 INSTRUMENTAL RESEARCH INC$52.50 19/22/2021034565 INTERNATIONAL UNION OF OPERATISEPT UNION DUES$105.00 Check Nbr 034565 INTERNATIONAL UNION OF OPERATI$105.00 19/22/2021034566 KAYLA TRIHODA & TIM ANDERSON7135 BRIAN WAY - REFUND OVER PD FINAL UT BILL$96.35 Check Nbr 034566 KAYLA TRIHODA & TIM ANDERSON$96.35 19/22/2021034567 LAND TITLE, INC.1863 FOX RUN - REFUND OVER PD FINAL UT BILL$55.61 Check Nbr 034567 LAND TITLE, INC.$55.61 19/22/2021034568 LEAGUE OF MN CITIESCITY OF CENTERVILLE MEMBERSHIP DUES$4,468.00 Check Nbr 034568 LEAGUE OF MN CITIES$4,468.00 19/22/2021034569 LINCOLN NATIONAL LIFE INSURANCLONG TERM DISABILITY INS - THRU 10-31-21$318.93 Check Nbr 034569 LINCOLN NATIONAL LIFE INSURANC$318.93 19/22/2021034570 LOFFLER COMPANIESP.W. COPIER - BASE RATE THRU 8-31-21$39.50 Check Nbr 034570 LOFFLER COMPANIES$39.50 19/22/2021034571 LOTHIAN, ANNE7167 PETERSON TRL - REFUND OVER PD FINAL UT BILL$425.65 Check Nbr 034571 LOTHIAN, ANNE$425.65 19/22/2021034572 MARCO TECHNOLOGIES, LLC.CONTRACT BASE RATE FOR 9-1-21 THRU 11-30-21$941.99 09/17/21 4:22 PM CITY OF CENTERVILLE Page 3 Check Detail - September 22, 2021 Check DateCheck #Vender NameCommentsAmount Check Nbr 034572 MARCO TECHNOLOGIES, LLC.$941.99 19/22/2021034573 MARCO, INC.STANDARD PAYMENT$202.42 Check Nbr 034573 MARCO, INC.$202.42 19/22/2021034574 MN MAYOR ASSOCIATIOND. LOVE MEMBERSHIP DUES$30.00 Check Nbr 034574 MN MAYOR ASSOCIATION$30.00 19/22/2021034575 MN PEIPHEALTH INS - SERV THRU 10-31-21$2,956.52 Check Nbr 034575 MN PEIP$2,956.52 19/22/2021034576 NATIONWIDE RETIREMENT SOLUTIONDEF. COMP W/H - PAY PERIOD 18$1,083.33 19/22/2021034576 NATIONWIDE RETIREMENT SOLUTIONDEF COMP W/H - PAY PERIOD 19$1,083.33 Check Nbr 034576 NATIONWIDE RETIREMENT SOLUTION$2,166.66 19/22/2021034577 NYKANEN INSPECTIONS LLCELECTRICAL INSPECTIONS - THRU 8-31-21$460.00 Check Nbr 034577 NYKANEN INSPECTIONS LLC$460.00 19/22/2021034578 OLSON, JACOB & SARA SCHLUETER1982 CARDINAL DR - REFUND OVER PYMT ON FINAL UT$68.91 Check Nbr 034578 OLSON, JACOB & SARA SCHLUETER$68.91 19/22/2021034579 PRESS PUBLICATIONSORDINANCE 115$81.92 Check Nbr 034579 PRESS PUBLICATIONS$81.92 19/22/2021034580 R & R LEASINGREFUND REMAINING ESCROW FOR IUP 24-31-22-32-0002 & 2$564.33 Check Nbr 034580 R & R LEASING$564.33 19/22/2021034581 R.J.S PROPERTY MAINTENANCELAWN MOWING$328.00 19/22/2021034581 R.J.S PROPERTY MAINTENANCELAWN MOWING$1,276.00 19/22/2021034581 R.J.S PROPERTY MAINTENANCELAWN MOWING$5,424.00 Check Nbr 034581 R.J.S PROPERTY MAINTENANCE$7,028.00 19/22/2021034582 REALTECH TITLE, LLC7187 ROBIN LN W - REFUND OVER PD FINAL UT$115.43 Check Nbr 034582 REALTECH TITLE, LLC$115.43 19/22/2021034583 REHBEINS BLACK DIRTDIRT RESTORATION- ACORN CREEK PARK$180.00 Check Nbr 034583 REHBEINS BLACK DIRT$180.00 19/22/2021034584 REPUBLIC SERVICES, INC.GARBAGE SERVICES - AUG. 2021$16,937.97 19/22/2021034584 REPUBLIC SERVICES, INC.RECYCLING SERVICES - AUG. 2021$4,587.50 Check Nbr 034584 REPUBLIC SERVICES, INC.$21,525.47 19/22/2021034585 RIVARD, MATTHEW & BRITTANY7046 CENTERVILLE RD - REFUND OVER PD FINAL$9.13 Check Nbr 034585 RIVARD, MATTHEW & BRITTANY$9.13 19/22/2021034586 SAFEGUARD SECURITYCITY HALL FIRE ALARM MONITORING$44.95 Check Nbr 034586 SAFEGUARD SECURITY$44.95 19/22/2021034587 SELVILLA, BREANNA1909 CENTER ST - REFUND OVER PD FINAL UT$37.42 Check Nbr 034587 SELVILLA, BREANNA$37.42 19/22/2021034588 TESSER, WILLIAM2111 WILLOW - REFUND OVER PD FINAL UT$44.85 Check Nbr 034588 TESSER, WILLIAM$44.85 19/22/2021034589 TIMESAVER OFF SITE SECRETARIALCITY COUNCIL MEETING MINUTES - 5-26, 6-3 -9 -23$820.00 19/22/2021034589 TIMESAVER OFF SITE SECRETARIALCITY COUNCIL MEETING MINUTES - 5-26, 6-3 -9 -23$518.00 Check Nbr 034589 TIMESAVER OFF SITE SECRETARIAL$1,338.00 19/22/2021034590 TITLE SMART INC7064 CENTERVILLE RD-REFUND OVER PD FINAL UT$45.64 Check Nbr 034590 TITLE SMART INC$45.64 19/22/2021034591 T-MOBILE USA, INC.7087 20TH AVE - 20-090 - REFUND REMAINING ESCROW AFT$754.00 Check Nbr 034591 T-MOBILE USA, INC.$754.00 19/22/2021034592 WINNICK SUPPLYREPAIR & MAINT SUPPLIES$15.72 Check Nbr 034592 WINNICK SUPPLY$15.72 19/22/2021034593 XCEL ENERGY1682 MAIN ST - SERV THRU 9-1-21$121.70 19/22/2021034593 XCEL ENERGY6970 LAMOTTE DR - SERV THRU 8-31-21$181.63 19/22/2021034593 XCEL ENERGY1880 MAIN ST - SERV THRU 9-5-21$2,165.14 19/22/2021034593 XCEL ENERGY1880 MAIN ST - CITY HALL/FIRE STAT - SERV THRU 9-5-21$729.61 09/17/21 4:22 PM CITY OF CENTERVILLE Page 4 Check Detail - September 22, 2021 Check DateCheck #Vender NameCommentsAmount 19/22/2021034593 XCEL ENERGY7285 MAIN ST- BALLFIELD LIGHTS - SERV THRU 9-1-21$51.54 19/22/2021034593 XCEL ENERGY1745 MAIN ST - SERV THRU 9-1-21$19.78 19/22/2021034593 XCEL ENERGY1600 LAMOTTE DR - SERV THRU 8-31-21$186.43 19/22/2021034593 XCEL ENERGY1889 CENTER ST - SEWER LIFT - SERV THRU 9-6-21$30.19 19/22/2021034593 XCEL ENERGY7300 MILL RD - SERV THRU 9-1-21$187.46 19/22/2021034593 XCEL ENERGY1600 LAMOTTE DR - WARMING HOUSE - SERV THRU 9-1-21$23.18 19/22/2021034593 XCEL ENERGY1875 FOX RUN - PUMP HOUSE - SERV THRU 8-31-21$112.82 19/22/2021034593 XCEL ENERGYSTREET LIGHTS - SERV THRU 9-5-21$2,203.69 19/22/2021034593 XCEL ENERGY7098 CENTERVILLE RD - SERV THRU 9-1-21$19.78 19/22/2021034593 XCEL ENERGY1601 LAMOTTE DR - SERV THRU 9-1-21$25.34 Check Nbr 034593 XCEL ENERGY$6,058.29 $99,907.32 CENTENNIAL FIRE DISTRICTCheck Register - FIREPage: 1 Check Issue Dates: 8/25/2021 - 9/14/2021Sep 07, 2021 12:00PM Report Criteria: Report type: Summary Check NumberInput DateCheck Issue DatePayeeAmount 915309/07/202109/14/2021THE LINCOLN NATL LIFE INS CO165.24 915409/07/202109/14/2021PERFORMANCE PLUS LLC384.00 915509/07/202109/14/2021THOMAS MOTORS, INC140.00 915609/07/202109/14/2021MATTHEW MONTAIN53.55 Grand Totals: 742.79 Payroll Check #9150-9152 M = Manual Check, V = Void Check STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE RESOLUTION #21-0___ A RESOLUTION PROCLAMATION FOR DOMESTIC VIOLENCE AWARENESS MONTH W HEREAS, the community problem of domestic violence has become a critical public health and welfare concern in Anoka County; and W HEREAS, domestic violence is a crime, the commission of which will not be tolerated in Anoka County and perpetrators of said crime are subject to prosecution and conviction in accordance with the law; and W HEREAS, over thousands of women, men and children have and will continue to access assistance from Alexandra House, Inc., a domestic violence service provider; and W HEREAS, domestic violence will be eliminated through community partnerships of concerned individuals and organizations working together to prevent abuse while at the same time effecting social and legal change; and W HEREAS, October is National Domestic Violence Awareness Month; and W HEREAS, during National Domestic Violence Awareness Month, Anoka County organizations will inform area residents about domestic violence, its prevalence, consequences and what we, as a concerned community can do to eliminate its existence. N OW, THEREFORE, BE IT RESOLVED AND KNOWN TO ALL that the City of Centerville proclaims October to be Domestic Violence Awareness Month. PASSED AND ADOPTED by the City of Centerville this 11th day of July, 2021. Mayor, D. Love City Clerk, Teresa Bender CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: September22,2021 Administration TITLE OF ISSUE: Adopt2022PreliminaryBudgetforTruthinTaxation BACKGROUND AND SUPPLEMENTAL INFORMATION: Staffisbringingforwardaresolutiontoadoptthepreliminarybudgetandpropertytaxlevywithanincreaseof $73,356,a2.7%increaseoverthelevyforthe2021budget.Alsoincludedintheresolutionarecanceling certaindebtleviesbecausewehavesufficientfundsavailableandsettingthedatefortheTruthinTaxation hearingattheregularmeetingofDecember8,2021at6:30PM. COST AND SOURCE(S) OF FUNDING: TaxLevy REQUESTED COUNCIL ACTION: StaffrecommendsthattheCityCouncilapprovetheattachedresolutionaspresented. For Clerk’s Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ Y Vote Record: Aye Nay _____ Other (specify) ____________ _____ _____ Love _____ _____ Paar ResolutionAdoptingPreliminaryBudget, _______________________________________________________________ _____ _____ Koski Memo,BudgetSpreadsheet,AnokaCountydocuments _____ _____ Montain _______________________________________________________________ Administration Department Use: Refer to: _________________________________ Consent Tabled Until: ______________________________ Regular 5 Other: ___________________________________ COUNTY OF ANOKA CITY OF CENTERVILLE Resolution # 21-____ A RESOLUTION ADOPTING A PRELIMINARY BUDGET AND TAX LEVIES FOR 2022 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CENTERVILLE, MINNESOTA WHEREAS, the City Council has given input to staff regarding the 2022 General Fund Budget and Property Tax Levy at several work sessions in 2021; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Centerville, County of Anoka, State of Minnesota, that the preliminary city budget is hereby adopted as follows: General Fund $2,929,022 BE IT FURTHER RESOLVED that the following sums of money be transmitted to Anoka County for purposes of a preliminary property tax levy for purposes of the Truth in Taxation property taxes notice for the following purposes: General Fund Levy $2,487,663 Debt Service Levies: Anoka Co 33 - Fund 302 2016 GO Cable TV Capital Note $0 Anoka Co 34 - Fund 351 2016A GO Special Assmt Refunding 196,512 Anoka Co 35 Fund 353 2021A GO Special Assmt Refunding 132,286 Total Debt Levy $328,798 Total Proposed Tax Levy $2,816,356 BE IT FURTHER RESOLVED that because sufficient funds have been irrevocably deposited into the debt service fund, the following levy amounts are hereby cancelled: Anoka Co 33 - Fund 302 2016 GO Cable TV Capital Note $7,736.44 Anoka Co 34 - Fund 351 2016A GO Special Assmt Refunding 36,999.72 Anoka Co 35 - Fund 353 - 2021A GO Special Assmt Refunding 7,364.00 Total Cancelled Levy $52,100.16 BE IT FURTHER RESOLVED that the City Administrator is hereby instructed to transmit a certified copy of this resolution to the county auditor of Anoka County, Minnesota along with all required documentation. BE IT FURTHER RESOLVED that the City Council sets the date for the Truth in Taxation budget hearing for December 8, 2021 at 6:30 PM at Centerville City Hall. Passed and Adopted by the City of Centerville this 22nd day of September, 2021. ________________________________________ Mayor, D. Love _________________________________ City Clerk, Teresa Bender Memorandum Date: September 22, 2021 To: Honorable Mayor and City Council Members Through:Mark R. Statz, City Administrator/City Engineer From: Bruce DeJong, Finance Director Item: 2022General Fund Budget and Property Tax Levy Discussion Staff are pleased to present a preliminary budget and tax levy that meet council goals and come in at a reasonable price. The overall levy increases by only $73,356 or 2.7% higher than the levy for 2021 taxes. These recommendations are built using long-term forecasts with a conservative eye to changes in the larger economy and our community circumstances. As always, the City of Centerville plans to continue providing the excellent services our residents and businesses have come to expect, at a reasonable value, both in 2022 and well into the future. The budget detail for 2022 has not changed since the last discussion in August. On the expense side, we have added a new position at $75,000 per year. This professional level position will replace the 24 hour per week front desk position that was vacated during the pandemic closing. To help pay for that, staff removedthe $20,000 contingency from the Council budget and $20,000 of professional services inPublic Works. We have added almost $15,000 to the election costs. We have elections every two years and so this amount tracks closely with the amount spent in 2020, excluding the Anoka County special election costs. Assessing is up $1,600 based on the contract with our new assessor group. We now have $61,857 budgeted for the police contract increase and $0 for the fire contract increase based on the final approved budgets for those joint powers agencies. The police budget is down almost $8,000 from the estimate in July and fire is down almost $12,000. Staff has adjusted the allocation between Building Inspections, Public Works, and Park departments based on recent trends. The net changes in salary reflect the overall increase in public works salaries. There is a rather dramatic reduction in Workers Compensation insurance in the Public Works. I have discovered that our formula for allocating the premiums did not distribute any to the utility funds. We will correct this in coming years and reflect that in the budget. There is a $2,000 increase in engineering fees in Streets to reflect recent experience. An increase in salaries and professional services in the Recycling area is offset by the increased SCORE revenue from Anoka County. This reflects our commitment to recycling activities. We also have an increase budgeted for transfers. Based on our capital improvement plan, a $3,500 increase in transfers to the Equipment Replacement Fund is required to fund replacement equipment over the next ten years. The total equipment transfer is $83,430. The Economic Development Authority has requested a total budget of $32,900. This will increase their transfer by $3,700. Based on our previous work session, the revenue side of the budget has been adjusted back to previous year’s amounts for most items. We only have a $2,000 reduction in the fines and forfeits line item based on lower estimated fine revenue from 2021 experience. We also have an increase in the SCORE revenue from Anoka County which support our recycling efforts. This is a reflection of the experience of the last several years. The overall effect of these changes is an increase to the General Fund levy of $122,747. This levy is offset by a decrease in our debt service levy of $49,391. The net increase of $73,356 represents a 2.7% increase in the overall levy. We don’t have information from Anoka County regarding our property value increases that will offset this. Staff is attempting to make an estimate with our new assessor group to determine what effect this will have on an individual property owner. The effect on a typical home willlikely be lower than 2% based on the new commercial and residential property values that have been added in the past year. The table below summarizes the expenditure and revenue changes. When we subtract the revenue increase from the expenditure increase, the resulting number is the amount that the tax levy needs to be increased. Description Expenditures Revenues Salaries - General Increase $36,580 New Administrative Position $75,000 Eliminate Front Desk Position ($25,000) Eliminate Council Contingency($20,000) Eliminate Public Works Prof. Svcs. ($20,000) Net Increase $10,000 Election $14,960 Assessing $1,600 Police Contract$61,857 Fire Contract $0 Street Engineering$2,000 Recycling $11,000 Equipment Transfer$3,500 EDA Transfer$3,700 Insurance Changes ($7,600) Other Misc Changes ($9,446) Total Expenditure Change $132,547 Fine Revenue ($2,000) Fire Relief Aid $800 County SCORE Funds $11,000 Total Revenue Change $9,800 General Fund Levy Increase $122,747 Debt Service Levy Decrease ($49,391) Net Levy Increase $73,356 The above information does not account for any of the anticipated American Rescue Plan (ARP) funds, which we have received in the amount of $211,740 for 2021. We will receive an additional $211,740 in 2022. These funds will not affect a budget surplus or deficit. They will be accounted for as a grant where revenue is only recognized when qualifying expenditures are made. Please remember that the preliminary levy is a cap on the levy for the year. In December, we are unable to increase the levy but are allowed to lower it. Staff is happy to discuss budget issues and answer questions at any time with council, property owners, and residents. At this meeting staff is looking for general feedback from the City Council regarding the proposed revenue and expenditure changes. The schedule for the remaining budget calendar is as follows: September 30 – Staff certifies preliminary levy to Anoka County Nov 11-24 – Anoka County mails property specific notices of tax impact December 8 – Final budget review at work session prior to council meeting Truth-in-Taxation public hearing at council meeting Adoption of 2022 budget and tax levy December 28 – Staff certifies the final levy to Anoka County Staff filesthe certificate of compliance with the Department of Revenue CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: September 22, 2021 Engineering/Planning VIII.2 TITLE OF ISSUE: 7064 Centerville Road - Extension of Water Hook-up Agreement BACKGROUND AND SUPPLEMENTAL INFORMATION: A new buyer of this property has assumed the conditions of the attached agreement and is requesting an extension of the deadline to pursue redevelopment of the property. He will be on hand to discuss his plans and answer any questions. COST AND SOURCE(S) OF FUNDING: N/A REQUESTED COUNCIL ACTION: Motion to accept the assignment of the attached agreement to Charles Peterson, and extend the agreement's deadline to ________ to allow for potential redevelopment. For ClerkÓs Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ X Vote Record: Aye Nay _____ _____ Other (specify) ____________ _____ _____ _____ _____ _______________________________________________________________ _____ _____Ki _____ ____________________________________________________________________ Administration Department Use: Refer to: _________________________________ Consent Tabled Until: ______________________________ Regular Other: ___________________________________ CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: September 22, 2021 City Administrator / City Attorney IX.1 TITLE OF ISSUE: Development Agreement for the "Rehbein Industrial" Plat BACKGROUND AND SUPPLEMENTAL INFORMATION: This Development Agreement guides the physical construction and future development on the Rehbein Industrial Plat (property south of Main St.). Generally, this document governs: - construction of public roads and infrastructure over the entire Plat. - warranties to ensure the quality construction of public infrastructure. - payment of various development on construction fees. These fees will be paid in advance of construction of each parcel. - financial security paid by the Developer to ensure completion of necessary requirements for development. COST AND SOURCE(S) OF FUNDING: Paid by the Developer REQUESTED COUNCIL ACTION: Motion to approve the attached Development Agreement. For ClerkÓs Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ Vote Record: Aye Nay _____ _____ Other (specify) ____________ _____ _____ Love _____ _____King _______________________________________________________________ _____ _____ Koski _____ _____Mosher_______________________________________________________________ Administration Department Use: Refer to: _________________________________ Consent Tabled Until: ______________________________ Regular Other: ___________________________________ DEVELOPMENT & SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF CENTERVILLE, MINNESOTA AND R&R LEASING, INC. PREPARED BY: Kurt B. Glaser, City Attorney Berglund, Baumgartner, Kimball & Glaser, LLC 333 Washington Avenue North 405 Union Plaza Building Minneapolis, Minnesota 55401 612-333-6513 KGlaser@BBKGLaw.com Version 09/17/2021 Page 1 DEVELOPMENT& SUBDIVISION AGREEMENT THISDEVELOPMENT&effective September ___, 2021, by and between theCITYOF CENTERVILLE, a Minnesota municipal ; and R&R LEASING, a Minnesota Corporation, . 1.REQUEST FOR PLAT AND DEVELOPMENT APPROVAL. The Developer has asked the City to approve a preliminary plat and a final plat for the Sutton Transport (referred to in this Agreement as the Final comprising the Final Plat is situated in the County of Anoka, State of Minnesota, and is legally described on the attached Exhibit A, including easements described therein. The Developer seeks approval for a Final Plat for the development. this development will consistofconstructionof the generalinfrastructureto servethe parcelanddevelopmentof Fairview Street. During this process, the Developer intends to sell the Land to Sutton Transport, LLC, who will construct a cross-dock truck terminal industrial warehouse facility. 2.CONDITIONS OF PLAT AND DEVELOPMENT APPROVAL.At such time as the City approves the Final Plat, land use documents such as a Conditional Use Permit, easement, or covenant,or the Development Plans for aphase of developmentOther Version 09/17/2021 Page 2 D,and the Developer receives the Right To Proceed asset forthbelow, the Developer may record thatFinalPlator other land use documentswith the County Recorder and/orthe Registrar of Titles within one hundred (100) days after approval of thatFinal Plat. If the Final Plat orother land use documents arenot recorded within the one hundred (100) days, the approval of theFinal Plator theOtherDocuments isvoid, unless a written request for an extension is submitted to the City Administrator before the one hundred (100) days expire. The extension will be approved or denied by the City Councilby placement on their agendawithin fifteen (15) daysof request for same.Such Final PlatorOther Documents shall contain all easements required for the construction and maintenance of improvements for the development. 3.RIGHT TO PROCEED.Within the Land, the Developer may not grade (except as authorized in aPermit issued by the City)or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings until all the following conditions have been satisfied: 1) this Agreementor subsequent amendments or codicils havebeen fully executed or consented to by all parties, including owners, lessors, lessees, and mortgage holders, and filed with the City Administratorand recorded against the Land, 2) the necessary security has been received by the City, 3) the Final Plat has been approved by the City Council and isin a form ready for recording 4) the necessary easements,rights-of-ways, covenantsor other land use documents have been recorded against the Land,and 5) the City Administrator has issued a letter that all conditions have been satisfied and that the Developer may proceed. The Final Plat willnot be released to the Developer and may not be recorded until the necessary Security, as hereinafter defined,has been received and accepted by the City.The City Version 09/17/2021 Page 3 Administrator shall issue the notice to proceed within two(2) business days after receipt and acceptance of the Security. 4.TRANSFER OF DEVELOPMENT.The conditions contained in this Agreement apply tothe Land during all phases of this development.The Developer intends to sell the Land. To the extent the Developer intends to transfer its obligations as a Developer to the Buyer of the Land, the Developer shall sell the Land in such as manner as to condition the sale upon regulation of the development of the Land subject to this Agreementandthe applicable law.The Developer shall require theBuyer tocontract with the City toabide byobligations to the City regarding the development of theLand.These obligations shall include but are not limited to requiring the Buyer to enter into aseparateDevelopment Agreement with the City requiring site plan and development review, and setting forth time of performance,development fees, and the placement of Security with the City.While the Developer may assign its obligations to the Buyer, the Developer will remain primarily liable for its obligations under this Agreement and the applicable law regarding the development of theLand. 5.CHANGES IN OFFICIAL CONTROLS.For two (2) years from the dateof this or affect the use, development density, lot size, lot layout or dedications of the approvedFinalPlat unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Agreement to the contrary, to the full extent permitted Plan, official controls, platting,or dedication requirements enacted after the date of this Agreement. Version 09/17/2021 Page 4 6.DEVELOPMENT PLANS.The Final Plat shall be developed in accordance with ched to this Agreement. If the Plans vary from the written terms of this Agreement, the written terms shall control. The approved Plans are as follows: A.Final Plat,Sutton Transport. B.PreliminaryPlat, Sutton Transport,Carlson McCain(prepared by Thomas Balluff (06/24/2021), adopted by City Council 07/28/2021. C.Sutton Transport; Sanitary Sewer, Water Main, Storm Sewer, and Street Construction Plans, Carlson McCain(prepared by Joseph Radach (07/28/2021). D.Specification, Sutton Transport, Centerville,Minnesota, Carlson McCain Project No.: 9098-00, (07/28/2021). E.-or private improvementsconstructed pursuant to this Agreement. F.Easements for Fairview Street extension. These Plans may include subsequent plan revisions approved, in writing, by theCityEngineer. The Parties recognize thattheFinal Plat and the Plans contain undefined elements related to the Outlotssubject to future development. Once those elements are defined, they shall be included as part of these Plansand the Final Plat. All current and future site development of the Lots and Outlots shall be in accordance with theplans and specifications set forth in the Preliminary Plat, except for subsequent plan revisions approved, in writing, by theCityEngineer. 7.PUBLIC AND PRIVATE IMPROVEMENTS.The Developer shall install and DevelopmentPlans. These Improvements are detailed in Exhibit D. All Improvements shall be installed ine; City standard specifications for utilities and street construction; and any other applicable law, ordinance.The Developer shall submit plans and specifications for the Improvements that have been prepared by a licensedregistered professional civil engineer to the City for approval by the City Council. The Developer shall obtain all necessary permits from other agencies before Version 09/17/2021 Page 5 proceeding with construction of the Improvements.The Developer, at its sole expense,shall instruct its engineer to provide adequate field inspection personnel to assure an acceptable level of City acceptance, that the construction work for the Improvements meet the approved City standards. The Developer, its contractors,and subcontractors, shall follow all instructions received from the City and Rice Creek Watershed inspectors, so long as in conformity with the Plans.The -site projectmanagement.The Developer or its engineer shall schedule a pre-construction meeting at a mutually agreeable time and location with all parties concerned, including the CityEngineer, inspectorand/or consultants, to review the program for the constructionwork.Prior to the pre-construction meeting, Developer shall supply a schedule of construction activities and shall amend the schedule from time to time as necessary. Before the Security for the completion of Public Improvements is released in total, ironmonuments must be installed in accordance with Minn. Stat. Chapter 505. written notice to the City certifying that the monuments have been installed. 8.PERMITS.The Developer shall obtain,or require its contractors and subcontractors to obtain,all necessary permits. Those permits obtained by Developerto begin workinclude,butare not limited to: A.Minnesota Pollution Control Agency National Pollutant Discharge Elimination SystemPermit ForStormWater Discharge Related To Construction Activity B.Rice Creek Watershed DistrictGeneral Permit For Development Activity C.City of Centerville-Building Permit D.City of CentervilleGrading Permit for land disturbing activities. E.City of Centerville Right-of-Way Permits for small utilities such as gas, phone, electric, cable TV. F.Minnesota Pollution Control AgencySanitary Sewer Extension G.Minnesota Department of Health Water Main Extension Version 09/17/2021 Page 6 9.TIME OF PERFORMANCE.The Developer shall install all required public ) in the Planswith the exception of the final wear course of asphalt byDecember 31, 2022.Developer shall install the wear course by November 1, 2023. The Developer may, however, request an extension of time from the City.The City may exercise the power to delay installation of the wear course for a period no more than oneyear longer than If the deadline is extendedSecurity posted by the Developer shall be updated to reflect cost increases and the extended completion date. The City may only exercise the power to delay installation of the wear course for good cause shown. AsDeveloper moves forward with future developmentof theOutlots, the installation of thoserequired public improvements and their associated deadlines shall be the subject of an amendment to this Agreementusing the principals governing First Phase. 10.LICENSE.The Developer hereby grants the City, its agents, employees, officers, and contractors a license to enter the Land to be platted to perform all work and inspections deemed appropriate by the City in conjunction with the Final Plat development and the Improvements. 11.EROSION CONTROL.The erosion control shall be implemented by the Developer according to theStormWater Pollution Prevention Plan(SWPPP), and inspected under the terms of the National Pollutant Discharge Elimination System Permit For StormWater Discharge Related To Construction Activity(NPDES permit).The City or Rice Creek Watershed District may impose additional erosion control requirements if field conditions warrant.The parties recognize that time is of the essence in controlling erosion.If the Developer does not comply with the erosion control plan and schedule or supplementary instructions received from the City,Minnesota Pollution Control Agencyor the Rice Creek Watershed District, the City may take such action as it deems appropriate to control erosion.The City will designate a contact person responsible for erosion control issues.The contact person will attend the pre-construction meeting.Except in case of emergency, the City will give 48-hour notice tothe Developer in advance of any proposed actionby calling Matt Rehbein at 612-282-7153, but failure of the City togive Developer actual notice Version 09/17/2021 Page 7 hereunder.In the case of an emergency the City shallatattemptnotify Developer immediatelyby calling Matt Rehbein at 612-282-7153.If the Developer does not reimburse the City for any cost the City incurred for such work within thirty (30) days, the City may make a claim against the to pay any costs.No development, utility or street construction will be allowed and no building permits will be issued unless the Developer is in full compliance with the SWPPP. The Developer shall require all contractors and subcontractors working on the Project to .Those contractors and subcontractors are to be advisedofthe City standardsas to how they may be required to post surety to secure performance. The City will work cooperatively with the Developer in securing their compliance with erosion control standards through the building permit process. 12.GRADING PLAN.The Plat shall be graded in accordance with the Grading Plan. Within thirty (30) days after completionofthe gradingand before the City releases any Security, land surveyor or engineer, with elevation shots showingthat all ponds, swales, emergency overflows and ditches have been constructed in accordance with the approved grading plan. Developer shall verifyand submit to the City,lot corner elevations, pond depth, storm water ingress,and buildingpads.The City will withhold issuance ofbuilding permits until the approved certified grading plan is on file with the City and all erosion control measures are in place as determined by the City Engineer.The Developer shall be required to maintain all erosion control measures until written termination of the National Pollutant Discharge Elimination Systempermit. 13.DEWATERING.Due to the variable nature of groundwater levels and stormwater to satisfy themselves with regard to the elevation of groundwater in the area and the level of effort needed to perform dewatering and stormflow routing operations.All dewatering shall be in accordance with all applicable county, state, and federal rules,and regulations.Department of Natural Resourcesregulations regarding appropriations permits shall also be strictly enforced. Version 09/17/2021 Page 8 14.CLEAN UP.The Developer shall daily clean dirt and debris from streets that has resulted from construction work by the Developer, its contractors, subcontractors, agents or assigns.Prior to any construction on the Land, the Developer shall identify in writing a responsible party for erosion control, street cleaning, and street sweeping.During such times as construction isactive, developer or his agent shall frequently inspect streets and make sure that they are swept of dirt and debris. 15.SITE PROVISIONS. A.Developer shallbe responsible for security at the Landduring construction. B.Developer shall maintain communication with the neighboring propertiesand address any concerns raised by the neighbors in a timely manner. C.Developer shall repair damage to the neighboring streets, curbs, trails,or other public infrastructure caused by construction of theProject, at their own expense. D.Developer shall provide traffic control for any work within the right-of-way. 16.OWNERSHIP OF IMPROVEMENTS.Upon completion and acceptance of the work and construction required by this Agreement, thePublicImprovements lying within public right-of-way and easementsshall become City Property without further notice or action. Those improvements shall includebut are not limited tothe sanitary sewer, potable water system, storm sewer, roads, sidewalks, trails,draintile, signage and street lighting (unless owned by the utility). The extent of sewer and water service lines ownership is further defined in city code. The Developer shall retain ownership and maintain all ponds and other erosion control measures, and the Final Plat shall indicate aneasementin favor of the Public for stormwater use, access,and maintenance.However, the Developer shall maintain ponds and other erosion control measures until the development is complete in conformance with this Agreement, and provided that the engineer for Developer shall certify that the ponds have been cleaned and provide the designed holding capacity prior to the Citycertifying the ponds.All of the easements set forth in this Section must be reduced to writing and recorded on the Final Plat. Version 09/17/2021 Page 9 17.SUPERIOR RIGHT OF TITLE.The Developer agrees, and shall not cause any mortgage, lien, easement, covenant,or other encumbrance on title to the Land to be superior to any right or title the Developer grants to the City for aneasement, this Agreement, or any feature included on the Final Plat, including covenants for the maintenance of common open space, except by an express written authorization approved by the City Council. 18.ADMINISTRATIONCOSTS.The Developer shall reimburse the City for all of reasonableactual out-of-pocket expenses for this development including, but not limited toexpenses incurred for legal, planning,engineering services,development agreement compliance and inspection services. The Developer shall deposit$20,000and maintain with the City a minimum of $10,000 cash escrow for payment of these accrued or future costsin the amounts listed in city code.The City shall draw against the escrow to reimburse itself for all such costsand upon request shall provide the Developer with a detailed report itemizing all costs charged to the Developerby date, hourly rate (if applicable), time in tenths of hours spent, and description of the work or services performed.The Developer agrees that the City has the right to request additional -of-pocket costsand replenish such escrow.All billings by the City incurred after the execution of this Agreement must be presented within 90days of the date of service.Unless excused by the City Council, the Developer shall maintain theescrow for a period of one-yearafter either the termination of this agreement or completion of all construction and landscaping, whichever is a longer period.Charges against the cash escrow shall be reconciled within 90 days of the installation of the wearing course of blacktop. Uponten days written notice to Developer, the City may halt plat development and construction for any unpaid bills until they are paid in full,and the escrow replenished to its original amount. Bills not paid within thirty (30) days shall accrue interest atthe rate of sixpercent (6%) per year. City may at its option draw against developer security to reimburse itself for such costs. Before the City signs the Final Plat, Developer must pay or satisfy all of these costs, and any other unpaid governmental fees, assessments, judgments,or real estate taxes, plus any penalty and interest. Version 09/17/2021 Page 10 19.SECURITY.The amount of the Security(bond)iscalculated as shown in Exhibit D. These calculations are for historical reference, and are not a restriction on the use of the Security. Security shall be calculated in an amount for features as set forth in Code Chapter of 153. The Security shall be for a term ending November 30, 2023, and automatically renewing thereafter unless notice of termination is provided to the City at least forty-five (45) days prior to the end of the term or any renewal date.The notice given must comply withthe formal Notice provisions of this Agreement.Individual security instruments may be for shorter terms provided they are replaced at least thirty (30) days prior to their expiration. The City maymake a bond claim against theSecurity, with a written seven (7) day notice and seven (7) day right to cure by the Developer, for any violation of the terms of this Agreement orif the Security is to be allowed to lapse prior to the end of the required term or any renewal term. The notice and right to cure provisions shall be void if the Security will expire in less than seven (7) daysor upon discovery that the Security will not automatically renew(if such discovery is on or after the date that is seven (7) days prior to expiration of the Security). If the required Improvements are not completed at least thirty (30) days prior to the expiration of the Security, the Citymay also make a bond claim. If a bond claim is paidthe proceeds shall be used to cure the default or held until the Developer has completed the Improvements. The Security may be reduced from time to timepursuant to City policy regarding Security reductions. Upon receipt of proof to the City that work has been satisfactorily completed,financial and built plans have been received by the City,the Security may be reduced from time to timepursuant to City policyregarding Security reductions. The terms and conditions set forth in the Section are separate and distinct from security obligations to warranty improvements set forth elsewhere in this agreement. Version 09/17/2021 Page 11 20.CLAIMS& ACTIONS.In the event that the City receives notice of an audit or review from a governmental agency related to this Land or Final Plat, or the City receives notice of litigation regarding this Land or Final Plat, such claims will be forwarded to the Developer who shall promptly indemnify and hold the City harmless and make it whole. The Developer hereby authorizes the City to commence an Interpleader action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts, and deposit the funds in compliance with the Rule, and upon such deposit, the Developer shall release, discharge, and dismiss the City from any further proceedings as it pertains to the Security or Additional Security deposited with the District Court, except that the Court shall retain jurisdiction to determine 21.FEES.The following fees are required by law to be included in this Agreement andshall apply as a condition of platapproval. Theymust be paid in full before a building permit shall issuefor each Lot or Outlot. These fees may be assigned, in whole or part, by Developer to the Buyer, for payment by the Buyer.(These fee calculations are contained in Exhibit E). A.Sewer Availability Charge (City) B.Sewer Availability Charge (Metropolitan Council) C.Water Availability Charge(Metropolitan Council) D.Stormwater Area Charge (City) E.Park Dedication Fees (City) 22.FIXTURE INSTALLATION, ACCEPTANCE AND WARRANTY A.The Developer shall be responsible for the cost and installation of public improvement such as street lighting, street signs and traffic signs consistent with the Plans and specifications approved by the City. Before the City signs the Final Plat, the Developer shall , take Version 09/17/2021 Page 12 responsibility for procurement and installation of same. The cost of street lighting, street signs, and traffic sign installation is set forth in the attached table, Exhibit D. B.Within 60 days after Developer delivers a complete set a public improvements and a letter requesting acceptance by the City of such improvements, City shall review said improvements and consent to and accept the public improvements or provide Developer with a written notice of work that is unacceptable and what is required to make the work acceptable to the City. Upon completion of corrections to the unacceptable work, the developer shall, again, notify the Cityin writing and request acceptance of the work. The timeline above, then resets. If the City fails to provide a written notice of unacceptable work within 30days, then the City shall be deemed to have accepted the public improvements written request for acceptance. C.The Developer warrants all Improvements required to be constructed by it pursuant to this Agreement against poor material and faulty workmanship.The warranty period for underground utilities istwo years from the date of acceptance by the City.If all Improvements are installed by one contractor, the warranty period shall commence afterthe final wear course has been completed and the City has accepted the streets unlessinstallation of the wear course has been delayed by the City, in which case the two-year period shall commence on the later of November 1, 2023, or the requested extension date requested by Developer pursuant to Section 9 herein. If streets and underground utilities are installed by separate contractors, the two (2) year warranty period on underground utilities shall commence following their completion and acceptance by the City. The Developer or his contractor shall post security in the amount of thirty- five percent (35%) of final construction costs to secure the warranties. The Developer or his Version 09/17/2021 Page 13 contractor may use the existing Letter of Credit or a maintenance bond to satisfy this condition. . The City standard specifications for utilities and street construction identify the procedures for final acceptance of streets and utilities. D.The Developer shall submit the Final Plat,construction plans plansin electronic format. The electronic format shall be either AutoCAD, .DWG file ora .DXF file using Anoka County coordinates. The Developer shall also submit two (2)complete setsof the final plat and construction plans onpaper (22 x 34or 24 x 36).The Developer is responsible for supplying the county with appropriately formatted plat documents per their requirements. 23.In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an emergency as reasonably determined by the City, is first given notice of the work in default, and given 14 days to cure.This Agreement is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the Land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 24.INSURANCE.Developer shall take out and maintain or cause to be taken out and maintained until six (6) months after the City has accepted the Public Improvements, public liability and property damage insurance covering personal injury, including death, and claims for or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than $500,000 for one person and $1,000,000 for each occurrence; limits for property damage shall be not less than $200,000.00 for each occurrence; or a combination single limit policy Version 09/17/2021 Page 14 of $1,000,000 or more. The City shall be named as an additional insured on the policy, and the Developer shall file with the City a certificate evidencing coverage prior to the City approving this Development Agreement. The certificate shall provide that the City must be given ten (10) days advance written notice of the cancellation of the insurance. The certificate of insurance shall substantially comply with the form attached hereto as Exhibit C. 25.MISCELLANEOUS. A. of this Agreement between the Partiesand any subsequent amendments or codicilsto same. B.Third parties shall have no recourse against the City under this Agreement. C.Upon a breach of this Agreement, and the breach has not been remedied within the applicable notice period, breach of the terms of this Agreement shall be grounds for denial of building permits,future phases of development, certification of occupancy,future planning or zoning applications, plats, or development contracts by or with Developer, assignees, owners of parcels within the Plat, or any party subject to this Agreement. D.If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Agreement. E.If building permits are issued prior to the completion and acceptance of Public Improvements, the Developer assumes all liability and costs resulting in delays in completion of Public Improvements and damage to Public Improvements caused by theDeveloper, its contractors, subcontractors, materialmen, employees, agents, or third parties. No sewer and water connection permits may be issued and no one may occupy aunit or building for which a building permit is issued on atemporary or permanent basis until the streets needed for access are in a Version 09/17/2021 Page 15 plowable and maintainable stateand the utilities are accepted by the City.The building official, in consultation with public safety officials and the city engineer will make this determination. F.The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed promptly take legal action to enforce this Agreement shall not be a waiver or release. G.This Agreement shall run with the land and may be recorded against the title to the Landas shown on the Final Plat.The Developer covenants with the City, its successors,and assigns, that the Developer is well seized in fee title of the subject property and/or has obtained consents tothis Agreement, in the form attached hereto, from all parties who have an interest in theLand; that there are no unrecorded interests in the Landbeing developedexcept for those known purchase agreements for Lot 1, Block 1 and Lot 2, Block 2; and that the Developer will indemnify and hold the City harmless for any breach of the foregoing covenants. H.Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. I.The Developer may not assign this Agreement without the written permission of n hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire Plat, or any part of it. Version 09/17/2021 Page 16 J.The Developer shall hold the City and its officers, employees, and agents harmless from claimsor auditsmade by it and third parties for damages sustained or costs incurred resulting from Plat development. The Developer shall indemnify the City and its officers, employees, and agents for all costs, damages, or expenses that the City may pay or incur in consequence of such claimsor audits K.This Agreement shall terminate and be of no further force or effect on the date that all obligations of Developer (including warranty obligations) have expired, or upon such earlier date as agreed to by City and Developer. 26.NOTICES.Required notices tothe Developer shall be in writing, and shall be either hand delivered to the Developer, its employees,or agents, or mailed to the Developer by certified mail at the following address: R&R LEASING, INC. Attention Gordy Rehbein, Matt Rehbein, and Gerald Rehbein P.O. Box 368, Lino Lakes, MN 55038 Matt@rehbeinag.com grehbein@gmail.com With a copy to: Larry Neilson Rooney & Neilson, LTD. 1257 Gun Club Road White Bear Lake, MN 55110 larry@rooneyneilson.com Notices to the City shall be in writing and shall be either hand delivered to the City Administrator, or mailed to the City by certified mail in care of the City Administrator at the following address: City of Centerville City Administrator 1880 Main Street Centerville, MN 55038 Version 09/17/2021 Page 17 With a copy to: Berglund, Baumgartner, Kimball & Glaser, LLC Attention: Kurt B. Glaser 333 Washington Avenue North, Suite 405 Minneapolis, Minnesota 55104 KGlaser@BBKGLaw.com \[REMAINDER OF PAGE LEFT BLANK\] Version 09/17/2021 Page 18 SIGNATURE PAGE TO SUBDIVISION AGREEMENT R&R Leasing, Inc. CITY OF CENTERVILLE BY: ____________________________________ (SEAL)D.Love, Mayor AND ___________________________________ Mark Statz, City Administrator STATE OF MINNESOTA) )ss. COUNTY OF ANOKA) The foregoing instrument was acknowledged before me this _____ day of ___________, 2021, by D.Love, Mayor, and by Mark Statz, City Administrator, of the City of Centerville, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC Version 09/17/2021 Page 19 SIGNATURE PAGE TO SUBDIVISION AGREEMENT R&R Leasing, Inc. DEVELOPER: BY:_____________________________________ ITS:_____________________________________ STATE OF MINNESOTA) )ss. COUNTY OF __________) The foregoing instrument was acknowledged before me this ______ day of __________, 2021,by_______________________________, its ___________________________. NOTARY PUBLIC Version 09/17/2021 Page 20 FEE OWNER CONSENT TO SUBDIVISION AGREEMENT R&R Leasing, Inc. R&R Leasing, Inc.,the fee owner of all or part of the subject property, the development of which is governed by the foregoing Development/Subdivision Agreement, affirm and consent to the provisions thereof and agree to be bound by the provisions as the same may apply to that portion of the subject property owned by them. DEVELOPER: BY:_____________________________________ ITS:_____________________________________ STATE OF MINNESOTA) )ss. COUNTY OF __________) The foregoing instrument was acknowledged before me this ______ day of __________, 2021, by _______________________________, its ___________________________. NOTARY PUBLIC Version 09/17/2021 Page 21 MORTGAGEE CONSENT TO SUBDIVISION AGREEMENT R&R Leasing, Inc. \[NAME OF BANK HERE\],a ___________________________________, which holds mortgage(s) on the subject property, the development of which is governed by the foregoing Development/Subdivision Agreement, agrees that the Agreement shall remain in full force and effect even if it forecloses on its mortgage(s). Dated this _____ day of ____________, 2021. MORTGAGEE \[NAME OF BANK HERE\] By:__________________________________ Its:_________________________ STATE OF MINNESOTA) )ss. COUNTY OF __________) The foregoing instrument was acknowledged before me this _____ day of ___________, 2021, by _______________________________________, the __________________________ of \[NAME OF BANK HERE\], on behalf of _______________________________. NOTARY PUBLIC Version 09/17/2021 Page 22 R&R Leasing, Inc. Legal Description of Property Being Developed, situated in Anoka County, Minnesota: The Southwest Quarter of the Southwest Quarter, Section 24,Township 31, Range 22,except the East410 feet of the South 345 feet thereof, Anoka County, Minnesota. Except the south 342.75feet of the Southwest Quarter of the Southwest Quarter of Section 24, Township 31, Range 22, lying Westerly of the East 410.00 feet thereof, Anoka County, Minnesota. Except that part platted as royal industrial park, Anoka County Minnesota. Abstract property. This parcel is now known as thePreliminary Plat for Sutton Transport. \[REMAINDER OF PAGE LEFT BLANK\] Version 09/17/2021 Page 23 R&R Leasing, Inc. IRREVOCABLE LETTER OF CREDIT OR BOND No. ___________________ Date:_________________ TO: City of Centerville 1880 Main Street Centerville, MN 55038 Dear Sir or Madam: We hereby issue, for the account of R&R Leasing, Inc., a Minnesota Limited Liability Company, and in your favor, our bond in the amount of $###,### (= $###,### x 150%). Version 09/17/2021 Page 24 C CERTIFICATE OF INSURANCE PROJECT: CERTIFICATE HOLDER: City of Centerville 1880 Main Street Centerville, MN 55038 INSURED: ADDITIONAL INSURED: City of Centerville AGENT: Policy No. __________________ Effective Date: ______________ Expiration Date: _____________ Insurance Company: COVERAGE - GENERAL LIABILITY: Policy No. __________________ Effective Date: ______________ Expiration Date: _____________ Insurance Company: ( ) Claims Made ( ) Occurrence LIMITS: \[Minimum\] Bodily Injury and Death: $500,000 for one person $1,000,000 for each occurrence Property Damage: $200,000 for each occurrence -OR- Combination Single Limit Policy $1,000,000 or more COVERAGE PROVIDED: Operations of Contractor: YES Operations of Sub-Contractor (Contingent): YES Does Personal Injury Include Claims Related to Employment? YES Completed Operations/Products: YES Contractual Liability (Broad Form): YES Governmental Immunity is Waived: YES Property Damage Liability Includes: Version 09/17/2021 Page 25 Damage Due to Blasting YES Damage Due to Collapse YES Damage Due to Underground Facilities YES Broad Form Property Damage YES AUTOMOBILE LIABILITY: Policy No. __________________ Effective Date: ______________ Expiration Date: _____________ Insurance Company: (X) Any Auto LIMITS: \[Minimum\] Bodily Injury: $500,000 each person $1,000,000 each occurrence Property Damage: $500,000 each occurrence -OR- Combined Single Limit Policy: $1,000,000 each occurrence ARE ANY DEDUCTIBLES APPLICABLE TO BODILY INJURY OR PROPERTY DAMAGE ON ANY OF THE ABOVE COVERAGES: If so, list: Amount: $________________ \[Not to exceed $1,000\] SHOULD ANY OF THE ABOVE-DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL TEN (10) DAYS WRITTEN NOTICE TO THE PARTIES TO WHOM THIS CERTIFICATE IS ISSUED. Dated at _____________________________ On __________________________________ BY: _________________________________ Authorized Insurance Representative Version 09/17/2021 Page 26 Fyijcju!E E TO SUBDIVISION AGREEMENT Subdivision Fees R&R Leasing, Inc. Subdivision Fees - Exhibit E tǒĬƌźĭ LƒƦƩƚǝĻƒĻƓƷ /ƚƭƷƭ ğƓķ {ĻĭǒƩźƷǤ Total Public Infrastructure Cost385,523.26 Security 150% of Public Infrastructure Costs Security owed to City (bond or letter of credit)$578,284.89 {ǒĬķźǝźƭźƚƓ ğƓķ 5ĻǝĻƌƚƦƒĻƓƷ CĻĻƭ Per Development Agreement, fees are owed by Developer but may be transferred to parcel owner. Fees will be calculated at the time of building permit at the rate set by the City's Fee Schedule applicable at that time. The fees below are the applicable fees as of 8/25/2021. The actual rates and fees calculated at the time of the building permit may be higher than these amounts. REU = Residential Equivalency Unit as calculated at time of building permit ƷźƌźƷǤ CĻĻƭ SAC (MCES)$2,485 per REUTBD SAC (City)$2,300 per REU TBD WAC$1,850 per REU TBD Storm Water Area Charge (per Square Foot fee)$0.07 Sutton Site (square feet)341,034 Extension of Fairview (square feet)23,483 364,517 Stormwater Area Charge$25,516.19 tğƩƉ 5ĻķźĭğƷźƚƓ CĻĻƭ ƦǒƩƭǒğƓƷ Ʒƚ /źƷǤ /ƚķĻ ЊЎЌ͵ЊЎΛ.Μ ğƓķ /źƷǤ CĻĻ {ĭŷĻķǒƌĻ $2175 per acre, or 10% of market value, which ever is greater. Sutton Transport Plat15 Acres $2175 x 15 Acres$32,625.00 Anoka County Taxable Property Value 2021$516,300 $516,300 x 10%$51,630.00 Park Dedication Fee$51,630.00 Version 09/17/2021 Page 29 CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: September 22, 2021 Planning & Zoning IX. TITLE OF ISSUE: Proposed Amend. to Chapter 50 - Garbage & Rubbish (Reg. Flexible/Compact Dumpster) BACKGROUND AND SUPPLEMENTAL INFORMATION: Staff has addressed several of these dumpster complaints through the City's Nuisance Code, the Planning & Zoning requested an in depth look at tightening up the language surrounding them as they have become a very accessible item that can be obtained from Menards, Home Depot, Etc. Commissioner Kubat provided the City of Apple Valley's Code regarding their regulation of these items and it seemed appropriate to incorporate it. Staff provided draft language similar to Apple Valley's, the Commission made modifications and Council is receiving their recommended language for an amendment to the existing Code. COST AND SOURCE(S) OF FUNDING: N/A REQUESTED COUNCIL ACTION: Recommendation of the Planning & Zoning Commission to adopt the Amendments to Chapter 50 as presented in Ord. #XXX, Second Series. **1st Reading** (NO MOTION AT THIS TIME) For ClerkÓs Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ Proposed Ord.Amend. Vote Record: Aye Nay _____ _____ Chapter 50 w/Amend., Existing Nuisance Ord., Other (specify) ____________ _____ _____ _____ _____ City of Apple Valley's Code _______________________________________________________________ _____ _____Ki _____ ____________________________________________________________________ Administration Department Use: Refer to: _________________________________ Consent Tabled Until: ______________________________ Regular Other: ___________________________________ THE CITY OF CENTERVILLE ANOKA COUNTY, MINNESOTA Ord. #___, Second Series AN ORDINANCE REVISING CHAPTER 50: GARBAGE AND RUBBISH REGULATING (CONTAINERS, STORAGE, LOCATION & ACCUMULATION OF REFUSE) The City Council of the City of Centerville hereby ordains: Section 1. Section Shall be amended to include the following (New Language = Bold Italics): 50.02 Care of refuse (Containers; storage and location) 50.04 Refuse Accumulation; Nuisance - Violation Section 2. That Section 50.01 DEFINITIONS shall be amended to include the following: FLEXIBLE OR COMPACT DUMPSTER. A container which has a holding capacity not exceeding five cubic yards and used for temporary storage of special pick-up refuse. A FLEXIBLE DUMPSTER is commonly referred to or known as a dumpster bag, soft-side dumpster, or waste removal bag and used in lieu of a metal front or rear-load or roll-off dumpster. A COMPACT DUMPSTER is a metal, composite or other hard-side container for refuse disposal which does not exceed five cubic yards capacity. Section 3. That Section 50.02 CARE OF REFUSE shall be amended to include the following: (CONTAINERS; STORAGE AND LOCATION) Flexible dumpster(s) or compact dumpster(s) do not have a tight-fitting cover and are allowed for use by the property owner who has contracted services through a licensed contractor for hauling such items and must meeting the following requirements: (1) Only refuse of solid physical form or matter shall be placed or disposed into the flexible dumpster(s) or compact dumpster(s), such as construction or demolition debris, discarded household goods or wares, cardboard or packaging waste, or the like; and (2) Flexible dumpster(s) or compact dumpster(s) shall not exceed a five (5) cubic yard capacity; and (3) Shall not be placed within the roadway surface of any street, or block any portion of a sidewalk; park or trail; and (4) Shall not remain on a property for more than 14 days from the date it was placed outdoors at the property and be collected by a waste hauler or otherwise removed within one week of the container being filled; and (5) All refuse shall be completely and securely placed within the container; no material shall be sticking out or exceeding above the top of the container sides. No refuse placed in the container shall exceed outside the container beyond the plane of the street curb line. It is the property owner/occupant responsibility to ensure any refuse that falls or is blown out of the container is promptly collected/picked up and properly stored as any refuse is required to be stored. Section 4. That Section 50.04 REFUSE ACCUMULATION; NUISANCE Î VIOLATION shall be added and including the following: § 50.04 REFUSE ACCUMULATION; NUISANCE Î VIOLATION A violation of this chapter is a public nuisance. When the city finds that a person has violated a prohibition or failed to meet a requirement of this section, the person is deemed to have created a public nuisance subject to abatement and assessment, as provided in Chapter 91. In addition to any order issued pursuant to Chapter 91.07 through 91.08. Section 5. Effective Date. This ordinance takes effect upon its adoption and publication. th ADOPTED by the City Council of the City of Centerville, Minnesota, this 13 day of October, 2021. _____________________________ D. Love, Mayor ATTEST: Teresa Bender, City Clerk CHAPTER 91: HEALTH AND SAFETY; NUISANCES Section General Provisions 91.01 Purpose 91.02 Definitions 91.03 Public nuisances prohibited 91.04 Public nuisances affecting health 91.05 Public nuisances affecting morals and decency 91.06 Public nuisances affecting peace and safety 91.07 Enforcement 91.08 Abatement 91.09 Prohibited noise Open Burning 91.20 Purpose 91.21 Definitions 91.22 Prohibited materials 91.23 Permit required 91.24 Purposes allowed 91.25 Permit application; permit fees 91.26 Permit process 91.27 Permit holder responsibility 91.28 Revocation of open burning permit 91.29 Denial of open burning permit 91.30 Burning ban or air quality alert 91.31 Rules adopted by reference Cleanup of Clandestine Drug Lab and Chemical Dump Sites 91.45 General provisions 91.46 Definitions 91.47 Declaration as public health nuisance 91.48 Law enforcement action 91.49 Seizure of property 91.50 Action by Building Official or designee 91.51 Site ownerÓs responsibility to act 91.52 Site ownerÓs responsibility fo r costs 91.53 City action and recovery of costs 91.54 Recovery of costs from persons causing damage 91.55 Site owner and address 84 ΋ tğŭĻ 91.56 Suspension of residential rental certification 91.57 Unauthorized removal of postings 91.58 Entry into or onto site 91.59 Removal of personal property from the site 91.60 City Council review/right to appeal 91.99 Penalty GENERAL PROVISIONS § 91.01 PURPOSE. It is the policy of the City of Centerville to ensure the continued health, safety, comfort and repose of the public, the elimination and abatement of all nuisances within the city. A nuisance, as provided in this chapter, means a thing, act or use of property that annoys, injures or endangers the health, safety, comfort or welfare of the public; offends public decency; depreciates the value of the property of the inhabitants of the city; interferes with the use of or obstructs or tends to obstruct a lake, stream, navigable water, park, sidewalk, street or public way; or in any manner renders the in habitants of the city insecure in life or use of property. The City Council finds it shall be the duty of the Office of the City Administrator or its designees to enforce the provisions of this chapter and to bring about enforcement of violations or lack of compliance with this chapter. § 91.02 DEFINITIONS. For purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. ASPHALT-BASED SEALER. A petroleum-based sealer material that is commonly used on driveways, parking lots, and other surfaces and which does not contain coal tar. COAL TAR. A byproduct of the process used to refine coal. ENFORCEMENT OFFICIAL. The Police Department, Zoning Administrator, Building Official, City Administrator, Public Works Director, Fire Marshal, any licensed peace officer or authorized designee of the City Council. NOTICE TO REMOVE. The notice served on a property owner by the City Council or designated city official, advising the property owner of a code violation and ordering correction of the violation. PROPERTY OWNER. The person occupying the property, the holder of legal title or a person having control over the property of another, such as a right-of-way, easement, license or lease. PUBLIC NUISANCE. A thing, act, occupation or use of property which shall: (1) Annoy, injure or endanger the safety, health, comfort or repose of the public; 85 ΋ tğŭĻ (2)Offend public decency; (3)Unlawfully interfere with, obstruct or tend to obstruct or render dangerous for passage, a lake, navigable river, bay, stream, canal or basin, or a public park, square, street, alley or highway; (4)In any way render the public insecure in life or in use of property; or (5)Any other act or omission declared by law or Minnesota Statues, or any other part of this code to be a public nuisance. UNDILUTED COAL TAR-BASED SEALER. A sealer material containing coal tar that has not been mixed with asphalt and which is commonly used on driveways, parking lots and other surfaces. Ord. 2d #34, adopted 04/28/2010 § 91.03 PUBLIC NUISANCES PROHIBITED. It is unlawful for any person, by his or her act, or intentional failure to perform a legal duty, that creates or maintains a public nuisance on any premises the person owns or controls within the city. Penalty, see § 91.99 § 91.04 PUBLIC NUIS§ 91.04 PUBLIC NUISANCES AFFECTING HEALTH. ANCES AFFECTING HEALTH. The following are hereby declared to be nuisances affecting health: The following are hereby declared to be nuisances affecting health: (A)Exposed accumulation of decayed or unwholesome food or vegetable matter; (B)All diseased animals running at large; (C)Carcasses of animals not buried or destroyed within 24 hours after death; (D)(D)Accumulations of manure, rubbish, refuse or debris; Accumulations of manure, rubbish, refuse or debris; (E)Privy vaults, garbage (except in authorized containers), garbage cans which are not rodent free and fly-tight or which are so maintained to constitute a health hazard or to emit foul and disagreeable odors; (F)The pollution of any public well or cistern, stream, lake, canal or body of water by sewage, industrial wastes or other substances, or any illicit discharge as set forth in subsection 51.24; (G)All noxious weeds as referenced in M.S. §§ 18.75 - 18.88 and promulgated in Minnesota Rules, as may be amended from time to time, located on public or private property. The terms WEEDS and RANK VEGETATION includes, but is not limited to, the following: 86 ΋ tğŭĻ (1) Noxious weeds and rank vegetation shall include but not be limited to: alum (alliums), Buckthorn, Bur Cucumber, Canada Thistle, Corncockle, Cressleaf Groundsel, Curly Dock, Dodder, Field Bindweed, French Weed, Hairy Whitetop, Hedge Bindweed, Hoary Cress, Horsenettle, Johnsongrass, Leafy Spurge, Mile-A-Minute Weed, Musk Thistle, Oxeye Daisy, Perennial Sowthistle, Poison Hemlock, Purple Loosestrife, Quackgrass, Russian Knapweed, Russian Thistle, Serrated Tussock, Shatter Cane, Sorghum, Wild Carrot, Wild Garlic, Wild Mustard, Wild Onion, Wild Parsnip; (2) Grapevines when growing in groups of 100 or more and not pruned, sprayed, cultivated, or otherwise maintained for two consecutive years; (3) Bushes of the species of tall, common, or European barberry, further known as Berberis vulgaris or its horticultural varieties; (4) Any grass, weeds or plants, other than trees, bushes, flowers or other ornamental plants, growing to a height exceeding eight inches; (5) Rank vegetation includes the uncontrolled, uncultivated growth of annuals and perennial plants; and (6) The term WEEDS does not include shrubs, trees, cultivated plants or crops. (H) All public exposure of persons having a contagious disease; (I) The emission of dense smoke, gas and soot, dust or cinders, and other noxious and offensive fumes, in the quantities as to render the occupancy of property uncomfortable to a person of ordinary sensibilities; (J) Feces left by any domestic pet on public property or the property of another. The owner or person having the custody or control of the animal shall be responsible for immediately cleaning up any feces of the animal and disposing of the feces in a sanitary manner; and (K) All other acts, omissions of acts, occupations and uses of property which are deemed by the city to be a menace to the health of the inhabitants of the city or any considerable number thereof. Penalty, see § 91.99 Ord. 2d #55, amended 03/01/2012, Ord. 2d #110, amended 11/13/2020 § 91.05 PUBLIC NUISANCES AFFECTING MORALS AND DECENCY. The following are hereby declared to be nuisances affecting public morals and decency: (A) All gambling devices, slot machines and punch boards, except as otherwise authorized by federal, state or local law; 87 ΋ tğŭĻ (B) Betting, bookmaking and all apparatus used in those occupations; (C) All houses kept for the purpose of prostitution or illegal sexual intercourse, gambling houses, houses of ill fame and bawdy houses; (D) All places where intoxicating liquor or controlled substance are manufactured or disposed of in violation of law or where, in violation of law, people are permitted to resort for the purpose of drinking intoxicating liquor, or consuming controlled substances or where intoxicating liquor or controlled substances are kept for sale or other disposition in violation of law, and all liquor, controlled substances, and other property used for maintaining that place; and (E) Any vehicle used for the unlawful transportation of intoxicating liquor, controlled substance, drug paraphernalia containing any amount of residue from a controlled substance or non- prescription drugs, or for public or illegal sexual intercourse, or any other illegal purpose. Penalty, see § 91.99 Ord. 2d #25, amended 12/10/2008 § 91.06 PUBLIC NUISANCES AFFECTING PEACE AND SAFETY. The following are declared to be nuisances affecting public peace and safety: (A) All snow and ice not removed from public sidewalks 24 hours after the snow or other precipitation causing the condition has ceased to fall; (B) All trees, hedges, billboards or other obstructions which prevent people from having a clear view of all traffic approaching an intersection; (C) All wires and limbs of trees which are so close to the surface of a sidewalk or street as to constitute a danger to pedestrians or vehicles; (D) All obnoxious noises in violation of Minn. Rules Chapter 7030, as they may be amended from time to time which are hereby incorporated by reference into this code; (E) The discharging of the exhaust or permitting the discharging of the exhaust of any stationary internal combustion engine, motor boat, motor vehicle, motorcycle, all-terrain vehicle, snowmobile or any recreational device except through a muffler or other device that effectively prevents loud or explosive noises there from and complies with all applicable state laws and regulations; (F) The using or operation or permitting the using or operation of any radio receiving set, musical instrument, phonograph, paging system, machine or other device for producing or reproduction of sound in a distinctly and loudly audible manner so as to disturb the peace, quiet and comfort of any person nearby. Operation of any device referred to above between the hours of 10:00 p.m. and 7:00 a.m. in a manner so as to be plainly audible at the property line of the structure or building in which it is located, 88 ΋ tğŭĻ or at a distance of 50 feet if the source is located outside a structure or building shall be prima facie evidence of violation of this section; (G)The participation in a party or gathering of people giving rise to noise which disturbs the peace, quiet or repose of the occupants of adjoining or other property; (H)Obstructions and excavations affecting the ordinary public use of streets, alleys, sidewalks or public grounds except under conditions as are permitted by this code or other applicable law; (I)Radio aerials or television antennae erected or maintained in a dangerous manner; (J)Any use of property abutting on a public street or sidewalk or any use of a public street or sidewalk which causes large crowds of people to gather, obstructing traffic and the free use of the street or sidewalk; (K)All hanging signs, awnings and other similar structures over streets and sidewalks, so situated so as to endanger public safety, or not constructed and maintained as provided by ordinance; (L)The allowing of rain water, ice or snow to fall from any building or structure upon any street or sidewalk or to flow across any sidewalk; (M)Any barbed wire fence less than six feet above the ground and within three feet of a public sidewalk or way; (N)All dangerous, unguarded machinery in any public place, or so situated or operated on private property as to attract the public; (O)Waste water cast upon or permitted to flow upon streets or other public properties; (P)(P)Accumulations in the open of discarded or disused machinery, household appliances, automobile bodies Accumulations in the open of discarded or disused machinery, household appliances, automobile bodies Accumulations in the open of discarded or disused machinery, household appliances, automobile bodies or other material in a manner conducive to the harboring of rats, mice, snakes or vermin, or the rank or other material in a manner conducive to the harboring of rats, mice, snakes or vermin, or the rank or other material in a manner conducive to the harboring of rats, mice, snakes or vermin, or the rank growth of vegetation among the items so accumulated, or in a manner creating fire, health or safety growth of vegetation among the items so accumulated, or in a manner creating fire, health or safety growth of vegetation among the items so accumulated, or in a manner creating fire, health or safety hazards from accumulation; hazards from accumulation; (Q)Any well, hole or similar excavation which is left uncovered or in another condition as to constitute a hazard to any child or other person coming on the premises where it is located; (R)Obstruction to the free flow of water in a natural waterway or a public street drain, gutter or ditch with trash of other materials; (S)The placing or throwing on any street, sidewalk or other public property of any glass, tacks, nails, bottles or other substance which may injure any person or animal or damage any pneumatic tire when passing over the substance; (T)The depositing of garbage or refuse on a public right-of-way or on adjacent private property; (U)All other conditions or things which are likely to cause injury to the person or property of anyone; 89 ΋ tğŭĻ (V) Diseased or dangerous conditions of trees as follows: (1) Any living or standing elm tree or part thereof infected to any degree with the Dutch Elm disease fungus Ceratocystis Ulmi (Buisman) Moreau or which harbors any of the elm bark beetles Scolytus Multistriatus (Eichh.) or Hylungopinus Rufipes (Marsh); (2) Any dead elm tree or part thereof, including branches, stumps, firewood or other elm material from which the bark has not been removed and burned or sprayed with an effective elm bark beetle insecticide; (3) Any living or standing oak tree or part thereof infected to any degree with the Oak Wilt fungus Ceratocystis fagacearum; (4) Any dead or dying tree or part thereof which in the opinion of the designated officer constitutes a hazard, and including but not limited to logs, branches, stumps, roots or oak tree material which has not been stripped of its bark and burned or sprayed with an effective fungicide; (5) Any other shade tree with an epidemic disease; and (6) It is unlawful to transport bark-bearing elm wood in or through the city without securing a permit therefore from the City Administrator. (W) Four or more code violations, fire calls or other nuisance complaints requiring enforcement response within a 30-day period; and (X) To park or store any unlicensed, unregistered or inoperable motor vehicle parts or components thereof, on any property, public or private, unless housed within a lawfully erected building except in a commercial zone where the use is specifically regulated by a conditional use permit. (Y) Use of Undiluted Coal Tar Sealers Prohibited (This prohibition shall not affect the use of asphalt-based sealer products within the City.) (1) No person shall apply any undiluted coal tar-based sealer to any driveway, parking lot, or other surface within the City of Centerville (2) No person shall contract with any commercial sealer product applicator, residential or commercial developer, or any other person for the application of any undiluted coal tar-based sealer to any driveway, parking lot, or other surface within the City. (3) No commercial sealer product applicator, residential or commercial developer, or other similar individual or organization shall direct any employee, independent contractor, volunteer, or other person to apply any undiluted coal tar-based sealer to any driveway, parking lot, or other surface within the City. Ord. 2d #34, adopted 04/28/2010, Ord. 2d #57, amended 05/09/2012 90 ΋ tğŭĻ Penalty, see § 91.99 § 91.07 ENFORCEMENT. (A) (1) The Enforcement Official shall enforce the provisions relating to nuisances. (2) The enforcement official shall have the authority to inspect private premises and take all reasonable precautions to prevent the commission and maintenance of public nuisances. (3) Except in emergency situations of imminent danger to human life and safety, or when the owner, resident or other person in control of the property has granted permission, or when a violation can be seen without entering the property, the Enforcement Official shall obtain an administrative search warrant to enter private property. (B)The Enforcement Official may commence enforcement action by citation, complaint or civil proceeding. § 91.08 ABATEMENT. (A)Notice to remove. (1)When there exists on private property a condition which is in violation of this chapter, a notice to remove the offensive matter shall be served by the City Council or its agent upon the owner, agent or occupant. (2)The notice may be served personally or may be served by mail. In all cases where the owner is not in the city or cannot be found therein, then notice shall be sent to the last known address. (3)The notice shall describe the matter to be removed and require the removal thereof within 10 days, including Saturdays, Sundays and holidays. (B)(B)Failure to remove.Failure to remove. If, at the end of the ten days following service of a notice to remove, the nuisance If, at the end of the ten days following service of a notice to remove, the nuisance If, at the end of the ten days following service of a notice to remove, the nuisance has not been terminated or abated, the city shall cause removal and disposition. The person in violation has not been terminated or abated, the city shall cause removal and disposition. The person in violation has not been terminated or abated, the city shall cause removal and disposition. The person in violation may, within the ten days following service, file a written appeal disputing the violation or requesting may, within the ten days following service, file a written appeal disputing the violation or requesting may, within the ten days following service, file a written appeal disputing the violation or requesting additional time to comply with the notice to remove. Appeals will be pladditional time to comply with the notice to remove. Appeals will be pladditional time to comply with the notice to remove. Appeals will be placed on the next available aced on the next available agenda of the City Council for its consideration. agenda of the City Council for its consideration. (C)(C)Immediate abatement.Immediate abatement. Nothing in this section shall prevent the city, without notice or other process, Nothing in this section shall prevent the city, without notice or other process, Nothing in this section shall prevent the city, without notice or other process, from immediately abating any condition that poses an imminent and serious hfrom immediately abating any condition that poses an imminent and serious hfrom immediately abating any condition that poses an imminent and serious hazard to human life or azard to human life or safety. safety. (D)(D)Recovery of costsRecovery of costsRecovery of costs. In instances where any nuisances are abated by city action pursuant to this chapter, . In instances where any nuisances are abated by city action pursuant to this chapter, . In instances where any nuisances are abated by city action pursuant to this chapter, M.S. §§ 412.221 et seq., or M.S. Chapter 466, the cost of enforcement, abatement or other proceedings, M.S. §§ 412.221 et seq., or M.S. Chapter 466, the cost of enforcement, abatement or other proceedings, M.S. §§ 412.221 et seq., or M.S. Chapter 466, the cost of enforcement, abatement or other proceedings, including administrative charges together with interest thereon at the lawful rate permitted under M.S. including administrative charges together with interest thereon at the lawful rate permitted under M.S. 91 ΋ tğŭĻ Chapter 429, shall, if not paid, be assessed against the premises and certified to the County Auditor or Chapter 429, shall, if not paid, be assessed against the premises and certified to the County Auditor or Chapter 429, shall, if not paid, be assessed against the premises and certified to the County Auditor or certified by lien as provided in M.S. § 514.67. certified by lien as provided in M.S. § 514.67. § 91.09 PROHIBITED NOISE. (A)Prohibitions. The City Council finds within the city, certain loud, avoidable, unnatural and unnecessary noises, which under certain circumstances and conditions constitute a serious threat to the health, welfare, contentment and the feeling of well-being of the residents. Excessive noise degrades the environment of the city and the city has a substantial and, in some situations, compelling interest in controlling this noise. (1)General prohibition. (a)No person shall make or cause to be made any distinctly and loudly audible, continuous, objectionable noise due to intermittence, frequency, beat, shrillness or intensity that annoys, disturbs, injures or endangers the comfort, repose, health, peace, safety or welfare of any person or precludes his or her enjoyment of property or affects the propertyÓs value. (b)This general prohibition is not limited by the specific restriction of the following divisions. (2)Exhaust. No person shall discharge the exhaust or permit the discharge of the exhaust of any steam engine, stationary internal combustion engine, motor boat, motor vehicle or snowmobile except through a muffler or other device that effectively prevents loud or explosive noises there from and complies with all state laws and regulations. (3)Loading, unloading, unpacking. No person shall create loud and excessive noise in loading, unloading or unpacking any vehicle between the hours of 10:00 p.m. and 7:00 a.m. (4)Radios, phonographs, paging systems and the like. (a)No person shall use or operate or permit the use or operation of any radio receiving set, musical instrument, phonograph, paging system, machine or other device for the production or reproduction of sound in a distinct and loudly audible manner. (b)Operation of any such set, instrument, phonograph, machine or other device between the hours of 10:00 p.m. and 7:00 a.m. in a manner as to be plainly audible 50 feet from outside the property line of the structure or building in which it is located, in the hallway or apartment adjacent, or at a distance of 150 feet if the source is located outside a structure or building shall be prima facie evidence of a violation of this section. (c)These measurements and decibel readings will be taken per this section. (5)Participation in noisy parties or gathering. 92 ΋ tğŭĻ CHAPTER50:GARBAGEANDRUBBISH Section 50.01 Definitions 50.02 Care of refuse (Containers; storage and location). 50.03 Municipal contracting 50.04 Refuse Accumulation; Nuisance - Violation § 50.01 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. FARM. Shall consist of any tract of land five acres or greater in area used for agricultural purposes. FLEXIBLE OR COMPACT DUMPSTER. A container which has a holding capacity not exceeding five cubic yards and used for temporary storage of special pick-up refuse. A FLEXIBLE DUMPSTER is commonly referred to or known as a dumpster bag, soft- side dumpster, or waste removal bag and used in lieu of a metal front or rear-load or roll- off dumpster. A COMPACT DUMPSTER is a metal, composite or other hard-side container for refuse disposal which does not exceed five cubic yards capacity. GARBAGE. Organic waste, including discarded material resulting from the handling, processing, storage, preparation, serving and consumption of food. REFUSE. Solid waste, including garbage and refuse, but excluding yard waste, recyclables and hazardous waste. RUBBISH. Solid waste, including ashes consisting of both combustible and noncombustible wastes, such as wood, bedding, crockery and other non-reusable waste; the term also includes non-recyclable types of glass, paper, cardboard and metal cans. § 50.02 CARE OF REFUSE (CONTAINERS; STORAGE AND LOCATION). 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 building, except upon a farm, to provide without expense to the city, and at all times to keep upon the lot upon which the building is located, suitable and sufficient receptacles with suitable handles and having a tight-fitting cover for receiving and holding without leakage or escape of odors all the refuse which would ordinarily accumulate on the premises in one weekÓs time and shall properly remove and dispose of at least weekly. Except for collection day, the receptacles shall be stored on private property and reasonably screened from view of the street. Flexible dumpster(s) or compact dumpster(s) do not have a tight-fitting cover and are allowed for use by the property owner who has contracted services through a licensed contractor with the City for hauling such items and must meeting the following requirements: (1) Only refuse of solid physical form or matter shall be placed or disposed into the flexible dumpster(s) or compact dumpster(s), such as construction or demolition debris, discarded household goods or wares, cardboard or packaging waste, or the like; and (2) Flexible dumpster(s) or compact dumpster(s) shall not exceed a five (5) cubic yard capacity; and (3) Shall not be placed within the roadway surface of any street or road right-of-way, in or block any portion of a sidewalk; part or trail; and (4) Shall not remain on a property for more than 14 days from the date it was placed outdoors at the property and be collected by a waste hauler or otherwise removed within one week of the container being filled; and (5) All refuse shall be completely and securely placed within the container; no material shall be sticking out or exceeding above the top of the container sides. No refuse placed in the container shall exceed outside the container beyond the plane of the street curb line. It is the property owner/occupant responsibility to ensure any refuse that falls or is blown out of the container is promptly collected/picked up and properly stored as any refuse is required to be stored. § 50.03 MUNICIPAL CONTRACTING The City Council, at its discretion, may contract with a single waste hauler to pick up and dispose of waste and recyclables from properties in the city. The contract for the collection of garbage in the city shall be for terms and upon such conditions as the City Council may from time to time determine. For those classes of property covered by municipal contract, it shall be unlawful for any other person or persons, except the contracted hauler, to move or carry away any refuse or recyclables, except from his or her own premises, except by with special permission of the City Council. It shall be lawful in case any person shall default in the payment of the garbage collection fees due the contracted municipal hauler, for the City Council to collect delinquent hauler fees from the person or the owner of the real property from which the waste was collected by civil action or by assessing the same against the real estate. § 50.04 REFUSE ACCUMULATION; NUISANCE - VIOLATION A violation of this chapter is a public nuisance. When the city finds that a person has violated a prohibition or failed to meet a requirement of this section, the person is deemed to have created a public nuisance subject to abatement and assessment, as provided in Chapter 91. In addition to any order issued pursuant to Chapter 91.07 through 91.08 BQQMFWBMMFZPSEJOBODFFYBNQMF CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: September 22, 2021 Planning & Zoning IX.2.b. TITLE OF ISSUE: Proposed Amend. to Chapter 156.102 - Home Occupations (Auto Repair) BACKGROUND AND SUPPLEMENTAL INFORMATION: Staff has addressed several of these complaints through the City's Nuisance Code to no avail, the Planning & Zoning Commission requested an in depth look at tightening up the language surrounding the item. Staff recommended adding language that directly addressed not allowing Auto Repair as a Home Occupation if your parcel was less than two (2) acres. COST AND SOURCE(S) OF FUNDING: N/A REQUESTED COUNCIL ACTION: Recommendation of the Planning & Zoning Commission to adopt the Amendments to Chapter 156.102 as presented in Ord. #XXX, Second Series . **1st Reading** (NO MOTION AT THIS TIME) For ClerkÓs Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ ProposedOrd.Amend. Vote Record: Aye Nay _____ _____ Chapter 156.102 w/Amend. and Existing Other (specify) ____________ _____ _____ _____ _____ Nuisance Ord. _______________________________________________________________ _____ _____Ki _____ ____________________________________________________________________ Administration Department Use: Refer to: _________________________________ Consent Tabled Until: ______________________________ Regular Other: ___________________________________ THE CITY OF CENTERVILLE ANOKA COUNTY, MINNESOTA Ord. #___, Second Series AN ORDINANCE REVISING CHAPTER 156: ZONING CODE, §156.102 HOME OCCUPATIONS The City Council of the City of Centerville hereby ordains: Shall be amended to include the following (New Language = Bold Italics: Section 1. That Section 156.102 HOME OCCUPATIONS. (J) Auto repair as home occupation is not permitted on lots of less than 2 acres in size. Section 2. Effective Date. This ordinance takes effect upon its adoption and publication. th ADOPTED by the City Council of the City of Centerville, Minnesota, this 13 day of October, 2021. _____________________________ D. Love, Mayor ATTEST: Teresa Bender, City Clerk (B)Betting, bookmaking and all apparatus used in those occupations; (C)All houses kept for the purpose of prostitution or illegal sexual intercourse, gambling houses, houses of ill fame and bawdy houses; (D)All places where intoxicating liquor or controlled substance are manufactured or disposed of in violation of law or where, in violationof law, people are permitted to resort for the purpose of drinking intoxicating liquor, or consuming controlled substances or where intoxicating liquor or controlled substances are kept for sale or other disposition in violation of law, and all liquor, controlled substances, and other property used for maintaining that place; and (E)Any vehicle used for the unlawful transportation of intoxicating liquor, controlled substance, drug paraphernalia containing any amount of residue from a controlled substance or non- prescription drugs, or for public or illegal sexual intercourse, or any other illegal purpose. Penalty, see § 91.99 Ord. 2d #25, amended 12/10/2008 § 91.06 PUBLIC NUISANCES AFFECTING PEACE AND SAFETY.§ 91.06 PUBLIC NUISANCES AFFECTING PEACE AND SAFETY. The following are declared to be nuisances affecting public peace and safety: (A)All snow and ice not removed from public sidewalks 24 hours after the snow or other precipitation causing the condition has ceased to fall; (B)All trees, hedges, billboards or other obstructions which prevent people from having a clear view of all traffic approaching an intersection; (C)All wires and limbs of trees which are so close to the surface of a sidewalk or street as to constitute a danger to pedestrians or vehicles; (D)(D)All obnoxious noises in violation of Minn. Rules ChaAll obnoxious noises in violation of Minn. Rules Chapter 7030, as they may be amended from time to pter 7030, as they may be amended from time to time which are hereby incorporated btime which are hereby incorporated btime which are hereby incorporated by reference into this code;y reference into this code;y reference into this code; (E)(E)The discharging of the exhaust or permitting the discharging of the exhaust of any stationary internal The discharging of the exhaust or permitting the discharging of the exhaust of any stationary internal combustion engine, motor boat, motor vehicombustion engine, motor boat, motor vehicle, motorcycle, cle, motorcycle, allall--terrainterrainvehicle, snowmobile or any vehicle, snowmobile or any recreational device except recreational device except recreational device except through a muffler or other device that effectively prevents loud or explosive through a muffler or other device that effectively prevents loud or explosive through a muffler or other device that effectively prevents loud or explosive noises there from and complies with all applicable state laws and regulations;noises there from and complies with all applicable state laws and regulations;noises there from and complies with all applicable state laws and regulations; (F)The using or operation or permitting the using or operation of any radio receiving set, musical instrument, phonograph, paging system, machine or other device for producing or reproduction of sound in a distinctly and loudly audible manner so as to disturb the peace, quiet and comfort of any person nearby. Operation of any device referred to above between the hours of 10:00 p.m. and 7:00 a.m. in a manner so as to be plainly audible at the property line of the structure or building in which it is located, 88΋ tğŭĻ or at a distanceof 50 feet if the source is located outside a structure or building shall be primafacie evidence of violation of this section; (G)The participation in a party or gathering of people giving rise to noise which disturbs the peace, quiet or repose of the occupants of adjoining or other property; (H)Obstructions and excavations affecting the ordinary public use of streets, alleys, sidewalks orpublic grounds except under conditions as are permitted by this code or other applicable law; (I)Radio aerials or television antennae erected or maintained in a dangerous manner; (J)Any use of property abutting on a public street or sidewalk or any use of a public street or sidewalk which causes large crowds of people to gather, obstructing traffic and the free use of the streetor sidewalk; (K)All hanging signs, awnings and other similar structures over streetsand sidewalks, so situated so as to endanger public safety, or not constructed and maintained as provided by ordinance; (L)The allowing of rain water, ice or snow to fall from any building or structure upon any street or sidewalk or to flow across any sidewalk; (M)Any barbed wire fence less than six feet above the ground and within three feet of a public sidewalk or way; (N)All dangerous, unguarded machinery in any public place, or so situated or operated on private property as to attract the public; (O)Waste water cast upon or permitted to flow upon streets or other public properties; (P)Accumulations in the open of discarded or disused machinery, household appliances, automobile bodiAccumulations in the open of discarded or disused machinery, household appliances, automobile bodies es or other material in a manner conducive to the harboring of rats, mice, snakes oor other material in a manner conducive to the harboring of rats, mice, snakes or vermin, or the rank r vermin, or the rank growth of vegetation among the items so accumulated, or in a manner creating fire, health or safety growth of vegetation among the items so accumulated, or in a manner creating fire, health or safety hazards from accumulation;hazards from accumulation; (Q)Any well, hole or similar excavation which is left uncovered or in another condition as to constitute a hazard to any child or other person coming on the premises where it is located; (R)Obstruction to the free flow of water in a natural waterway or a public street drain, gutter or ditch with trash of other materials; (S)The placing or throwing on any street, sidewalk or other public property of any glass, tacks, nails, bottles or other substance which may injure any person or animal or damage any pneumatic tire when passing over thesubstance; (T)The depositing of garbage or refuse on a public right-of-way or on adjacent private property; (U)All other conditions or things which are likely to cause injury to the person or property of anyone; 89΋ tğŭĻ (V)Diseased or dangerous conditions of trees as follows: (1)Any living or standing elm tree or part thereof infected to any degree with the Dutch Elm disease fungus Ceratocystis Ulmi (Buisman) Moreau or which harbors any of the elm bark beetles Scolytus Multistriatus (Eichh.) or Hylungopinus Rufipes (Marsh); (2)Any dead elm tree or part thereof, including branches, stumps, firewood or other elm material from which the bark has not been removed and burned or sprayed with an effective elm bark beetle insecticide; (3)Any living or standing oak tree or part thereofinfected to any degree with the Oak Wilt fungus Ceratocystis fagacearum; (4)Any deador dying tree or part thereof which in the opinion of the designated officer constitutes a hazard, and including but not limited to logs, branches, stumps, roots or oak tree material which has not been stripped of its bark and burned or sprayed with an effective fungicide; (5)Any other shade tree with an epidemic disease; and (6)It is unlawful to transport bark-bearing elm wood in or through the city without securing a permit therefore from the City Administrator. (W)Four or more code violations, fire calls or other nuisance complaints requiring enforcement response within a 30-day period; and (X)To park or store any unlicensed, unregistered or inoperable motor vehicle parts or compoTo park or store any unlicensed, unregistered or inoperable motor vehicle parts or components thereof, nents thereof, on any property, public or private, unless housed within a lawfully on any property, public or private, unless housed within a lawfully erected buildingerected buildingexcept in a except in a commercial zone where the use is specifically regulated by a conditional use permitcommercial zone where the use is specifically regulated by a conditional use permit.. (Y)Use of Undiluted Coal Tar Sealers Prohibited (This prohibition shall not affect the use of asphalt-based sealer products within the City.) (1)No person shall apply any undiluted coal tar-based sealer to any driveway, parking lot, or other surface within the City of Centerville (2)No person shall contract with any commercial sealer product applicator, residential or commercial developer, or any other person for the application of any undiluted coal tar-based sealer to any driveway, parking lot, or other surface within the City. (3)No commercial sealer product applicator, residential or commercial developer, or other similar individual or organization shall direct any employee, independent contractor, volunteer, or other person to apply any undiluted coal tar-based sealer to any driveway, parking lot, or other surface within the City. Ord. 2d #34, adopted 04/28/2010, Ord. 2d #57, amended 05/09/2012 90΋ tğŭĻ Ifa nonconforminguse is replaced byanother use,the new use shall conform to this chapter; Ifa nonconforminguse orstructure is damaged byanycause to the extent that repair or replacement costs exceed 50 percent ofthe market value, the use orstructure maynot bereplaced or repaired except in conformitywith this chapter; and Normal maintenance of a nonconforming structure is permitted, including necessary nonstructuralrepairs and incidental alterations, which do not extend or intensify the nonconforming use. A structure that consists of a one-family or two-family dwelling that is a lawful non-conforming use located in aBusiness District orIndustrial District may,upon being damaged to an extent exceeding 50 percent ofits fair market value, be repaired to its preexistingcondition, provided that the non-conformity does not alsoinclude inconsistencies with regulations offlood-plaints or shorelandprotection. Ifno building permit to repair the dwellingis issued by the City within six months of the dateof the event where damage occurs, then the lawful non-conforminguse status shallcease and the landshall be used onlyinconformitywith the allowed uses in the District. Construction of one detached accessory building,not exceeding200 square feet willbe considered an incidental alteration, andmay bepermitted in conjunction with a legal, non-conforming use, provided its purpose is solelyfor storage and that setback, lotcoverage and other requirements of the district are complied with. Construction of an uncovered deck or porch, not exceeding100 square feet, construction of fences and construction of aboveground pools up to 15 feet in diametershall beconsidered incidental alterations, and may be permitted in conjunction with a legal, non-conforminguse, provided lot coverage and other requirements of the district arecomplied with. Ord. 2d #6, amended 05/24/2006, Ord. 2d #11, amended 07/26/2006 §156.102 HOME OCCUPATIONS.§156.102 HOME OCCUPATIONS. Home occupations in the city must meet the following criteria: (A)Home occupations shall be conducted solely by persons residing in the residence with the exception of no more than one additional nonrelated employee; (B)All business activities and storage shall take place within the structure; (C)There shall be no alteration to the exterior of the residential dwelling, accessory building or yard that in any way alters the residential character of the premises; (D)Conformance with the sign regulations as set forth in this code; (E)The occupation shall not be visible or audible from any property line; 362 ΋ tğŭĻ (F)The occupation may involve limited retail sale or rental of products on the premises, provided all stock- in-trade is completely enclosed in the principal structure. Retail merchandise may not constitute more than 50 percent of the principal structure square footage; (G) Unless completely enclosed within an approved structure, no vehicle used in the conduct of the occupation shall be parked, stored or otherwise present at the premises other than as is customarily used for domestic or household purposes; (H) Only on-site off-street parking facilities typically associated with a residence shall be used; and (I)The conduct of an occupation or the use of substances which may be hazardous to or in any way jeopardize the health, safety or welfare of neighbors and neighboring property shall not be permitted. (J) Auto repair is not permitted on lots of less than 2 acres in size. Cross-reference: Outside storage as nuisance, see § 91 §156.103 SINGLE-FAMILY DWELLING REQUIREMENTS. All single-family detached dwellings shall be constructed according to the following minimum standards: All dwellings shall have a minimum width of 24 feet at the narrowest point, with the exception of the M-1, M-2 and R-M Districts; Metal siding, with exposed panels exceeding 12 inches in width, shall not be permitted; All newly constructed single-family detached dwellings shall have attached garages. Garages may not be converted to habitable space without replacing the required garage; Single-family dwellings other than approved earth sheltered homes shall have at least a 3/12 roof pitch and shall be covered with an approved roofing material; and All single-family dwellings shall have roof overhangs which extend a minimum of one foot from all the walls of the structure. Roofing materials on single family attached and detached residential structures over 120 square feet shall be tile, shakes, shingles, copper or architectural metal roof sheeting with factory applied color coatings (and are installed with concealed fasteners). Metal roofing must meet Class IV hail resistance standards. Materials and installation must conform to the building codes then in effect. Cross-reference: See parking requirements of this chapter 363 ΋ tğŭĻ CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: September 22, 2021 Planning & Zoning IX.2.c. TITLE OF ISSUE: Proposed Amend. to Chapter 156.111 - Fence (Front Facade) BACKGROUND AND SUPPLEMENTAL INFORMATION: Staff has received several requests for fences to be constructed/reconstructed to the front of the principal structure rather than 10' behind the front facade of the principal structure. Staff completed research from five (5) cities and recommended removing existing language within the existing Code. COST AND SOURCE(S) OF FUNDING: N/A REQUESTED COUNCIL ACTION: Recommendation of the Planning & Zoning Commission to adopt the Amendment to Chapter 156.111 as presented in Ord. #XXX, Second Series. **1st Reading** (NO MOTION AT THIS TIME) For ClerkÓs Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ ProposedOrd.Amend. Vote Record: Aye Nay _____ _____ Staff Memo, Existing Chapter 156.111 w/ Other (specify) ____________ _____ _____ _____ _____ Diagrams _______________________________________________________________ _____ _____Ki _____ ____________________________________________________________________ Administration Department Use: Refer to: _________________________________ Consent Tabled Until: ______________________________ Regular Other: ___________________________________ THE CITY OF CENTERVILLE ANOKA COUNTY, MINNESOTA Ord. #___, Second Series AN ORDINANCE REVISING CHAPTER 156: ZONING CODE, §156.111 FENCES AND SPECIAL PRIVACY SCREENING, (A) GENERAL REGULATIONS, (2), (d) The City Council of the City of Centerville hereby ordains (To Be Removed Language = Strike Through): Section 1. That Section 156.111 FENCES AND SPECIAL PRIVACY SCREENING. (A) General Regulations. (2) No residential fence may exceed six feet in height and no decorative fence in the front yard may exceed 36 inches in height. (d) Any fence that is not a decorative fence shall be set back behind a line between a point ten feet behind the outermost front corner of the principal structure and the nearest point on the adjoin side property line be stricken and removed. Section 2. Effective Date. This ordinance takes effect upon its adoption and publication. th ADOPTED by the City Council of the City of Centerville, Minnesota, this 13 day of October, 2021. _____________________________ D. Love, Mayor ATTEST: Teresa Bender, City Clerk TO: City Administrator Statz FROM: City Clerk Bender SUBJECT: Fence Setback Front Façade/Structure DATE: August 18, 2021 City of Blaine Î Front Yard Requirements is a maximum of four (4) feet above ground level in front of the front face of the residential structure. Side Yard Requirements is maximum height of six (6) feet above ground level. City of Circle Pines Î Front Yard Definition Î A yard extending across the full width of the lot and lying between the front line of the lot and the nearest line of any building extending to the side lot line nearest to that building. Fences erected in the front yard shall not exceed four feet (4Ó) in height. Fences in yards other than a front yard shall not exceed six feet (6Ó) in height, except in R-1 District. (See illustration No. 5). City of Hugo Î Interior Lot: Front yard to the front corner of the principal building maximum height 4Ó; Side & Rear yards 6Ó. Corner Lot: Front yard height 4Ó and 6Ó in side yards. City of Lexington Î Residential District Fences Î In residential districts, no fence may exceed five (5) feet in height above the ground level, in front of the front line of the residential structure. City of Lino Lakes Î A fence up to 6Ó high may be erected from a line extending from the front façade of the principal building to the side lot lines, and then along the side lot lines and real lot line (Diagram 6b). (A)No occupancy permit shall be issued until the lot upon which the structure is constructed is brought to finished grade as specified except during inclement weather an escrow shall be deposited with the city as approved in the fee schedule; and (B)Prior to issuance of the occupancy permit, the lot shall be landscaped in a manner which prevents erosion due to wind or water. Extensions may be granted at the Building Offi cialÓs discretion. § 156.110 BUILDING NUMBERS. (A)Numbers required. It shall be the duty of the owner, lessee or occupant of every house, industrial, commercial or other building to have proper house or building numbers either by affixing to the building numbers in metal, glass, plastic or other durable material. The numbers shall not be less than six inches in height, in a contrasting color to the base, and so placed to be easily seen from the street. (B)Alternative display. In those cases where the principal building is obscured from view from the street of address by accessory buildings, trees, shrubbery or other visual obstruction, the numbers shall be displayed from a permanent mounting on the property so that they are clearly visible from the street of address. § 156.111 FENCES § 156.111 FENCES AND SPECIAL PRIVACY SCREENING. AND SPECIAL PRIVACY SCREENING. (A)General regulations. (1)All fences shall be located a minimum of two feet from any property line of the fence owner unless the owner of the adjoining property agrees, in writing, that the fence may be erected on the property line of the respective properties. This agreement shall be submitted at the time of building permit application. (a)Fences shall be located a minimum of two feet from a property line adjoining a street right of way and may not be located in any drainage or utility easement except where permission has been granted by the City through an encroachment agreement. (b)No fence other than a decorative fence may be constructed in a front yard. As used herein, the term DECORATIVE FENCE means a wrought iron fence, wood or vinyl vertical post and wood horizontal rail fence with no more than three rails or a wood or vinyl picket type fence with at least two inches of open space between each picket. All decorative fences shall have at least 40% of the surface area of the fence open. (2)No residential fence may exceed six feet in height and no decorative fence in the front yard may exceed 36 inches in height. 367 ΋ tğŭĻ (a)Where a corner lot abuts an adjacent propertyÓs front yard, the fence shall be set back a minimum of 10 feet from the adjoining property line, unless the fence is a decorative fence not exceeding three feet in height. (b)Residential corner lots shall only have one front yard for the purpose of fences and that shall be the side that has the front entrance to the home. (c)In no event shall any fence be closer than fifteen feet to a curb or street pavement. (d)(d)Any fence that is not a decorative fence shall be set back behind a line between a point Any fence that is not a decorative fence shall be set back behind a line between a point Any fence that is not a decorative fence shall be set back behind a line between a point ten feet behind the outermost front corner of the principal structure and the nearest point ten feet behind the outermost front corner of the principal structure and the nearest point ten feet behind the outermost front corner of the principal structure and the nearest point on the adjoining side property line. on the adjoining side property line. (3)All fences shall be constructed and maintained in a substantial, workmanlike manner and of material reasonably suited for the purpose for which the fence is proposed to be used. Every fence shall be constructed so that the side containing the framing supports and cross-pieces face the interior of the fence ownerÓs lot. Any fence which does not comply with the provisions of this section or which endangers the public safety, health or welfare shall be considered a public nuisance. (B)Snow-stop fencing. Snow-stop fencing may be used from November 1st to April 1st in R-1 Districts. No permit shall be required for snow stop fencing. (C)Electric and barbed wire fence. Electric fences, hog wire fencing, barbed-wire fencing and similar fencing will not be allowed, except in the R-1 District and then may only be used in conjunct with agricultural activities. (D)Visual obstructions. No fence may be erected which creates visual obstructions at any intersection, alley, driveway or street for safe vehicular, bicycle or pedestrian movement. (E)Swimming pool fencing. No permanent private swimming pool with a water depth exceeding 24 inches may be allowed, unless enclosed by a permanent wall or fence not less than four feet in height with self- closing door and self-closing latch. A swimming pool shall be considered permanent if it has a connected water supply, a drain connection or electrical connection where any of these require an electrical, mechanical, plumbing or building permit under the Minnesota Building Code. (F)Fencing in commercial/industrial zoning districts shall not exceed eight feet in height. Fences, except decorative fences not exceeding three feet in height, shall not be placed in a front yard of an industrial or commercial lot. (G)Special Privacy Screening. A single family property may install in a rear yard, special privacy screening around a pool, hot tub and/or patio, with a height of up to 7.5 feet. The total area enclosed by the special privacy screening may not exceed an area equal to one half of the area of the first floor of the dwelling. The total lineal footage of the special screening shall not exceed an amount equal to the distance across the lot at the front setback of the dwelling. 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