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Home My WebLink About2022-09-28 CC Packet (Revised) CITY OF CENTERVILLE CITY COUNCIL WORK SESSION & COUNCIL MEETING AGENDA Wednesday, September 28, 2022 5:00/6:30 p.m. Meeting Live Streamed at: https://northmetrotv.com/centerville-stream/ WORK SESSION (5:00 PM) I. CALL TO ORDER 1.Roll Call II. ITEMS OF DISCUSSION 1.Centerville Lake Water Quality - Bob Schack, Centerville Lake Assoc. 2.MN Small Cities Membership 3.Garbage/Recycling Services (RFP or Extension) 4.Preliminary General Fund Budget III. ADJOURNMENT COUNCIL MEETING (6:30 PM) I. CALL TO ORDER 1. Roll Call II. PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA IV. APPOINTMENTS/PRESENTATIONS 1. Jeff Holmberg – Superintendent, Centennial Public Schools V. PUBLIC HEARING 1.None VI. APPROVAL OF MINUTES 1.None VII. CONSENT AGENDA 1.City of Centerville Claims through September 28, 2022 (Check #35399-35419), & (1945E-11951E) 2.Centennial Lake Police Department Claims through September 22, 2022 (Check #14473-14485), (Payroll Check #14471-14472), (E2022070-E2022071) & Voided Check #14461 3.Centennial Fire District Claims through September 13, 2022 (Check #9374-9380), (Payroll Check #9372-9373) & (E2022011) 4.Res. #22-0XX – Domestic Violence Awareness Month 5.Encroachment Agreements a.7321 Brian Drive – Fence, Sides & Rear Yard b.1845 Laramee Lane – Fence, Sides & Rear Yard 6.2 AM Liquor License Renewal – JV Summit Corp. dba Southern Rail 7.Artifact Loan Form 8.Materials Testing Contract 9.CLPD 2023 Budget 10.CFD 2023 Budget VIII. OLD BUSINESS 1.Resolution 22-0XX - 2023 Preliminary General Fund Budget 2.Website and Mobile App IX. NEW BUSINESS 1.Change Order #1 – 2022 Thin Overlay Program & City Hall Parking Lot Improvements nd 2.Ordinance Revisions (First Reading/Waive 2 Reading) – Stormwater 3.Ordinance Revisions (First Reading) a.Nuisance (Diseased Trees) b.Liquor Licensing 4.EDA Appointment 5.Downtown Market Study X. COUNCIL/ADMINISTRATOR ANNOUNCEMENTS 1.Administrator/Engineer Report 2.Council Reports a.Lakso Parks & Recreation Anoka County Fire Protection Council b.Koski Planning & Zoning Commission Fire Steering Committee c.King Economic Development Authority Fire Steering Committee d.Mosher Economic Development Authority Police Governing Board e.Love North Metro Telecommunications Commission Police Governing Board Other Mayoral Reports XI. ADJOURNMENT INFORMATIONAL MATERIAL Business Appreciation Event Halloween Hustle REMINDERS All meetings begin at 6:30 PM unless otherwise noted Planning and Zoning Commission – Tuesday, October 4, 2022 Parks and Recreation Committee – Wednesday, October 5, 2022 City Council – Wednesday, October 12, 2022 EDA – Wednesday, October 19, 2022 CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: September 28, 2022 Engineering WS 1 TITLE OF ISSUE: Centerville Lake Water Quality BACKGROUND AND SUPPLEMENTAL INFORMATION: Bob Schack of the Centerville Lake Association will be on hand to discuss his work towards a project to improve water quality in Centerville Lake. City Engineer Mark Statz will also provide an update on conversations with the Rice Creek Watershed District regarding their research on this issue. COST AND SOURCE(S) OF FUNDING: TBD REQUESTED COUNCIL ACTION: Discussion only. No formal action required. For Clerk’s Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ Vote Record: Aye Nay _____ _____ Letter from Lake Assoc.; email w/RCWD Other (specify) ____________ _____ _____ _____ _____ _______________________________________________________________ _____ _____Ki _____ ____________________________________________________________________ Administration Department Use: Refer to: _________________________________ Consent Tabled Until: ______________________________ Regular Other: ___________________________________ Mark Statz From:Mark Statz Sent:Tuesday, September 20, 2022 4:02 PM To:'Matthew Kocian' Cc:ntomczik@ricecreek.org Subject: Centerville Lake MattandNick, ThanksfortakingthetimetochattodayregardingyourrecentresearchonCentervilleLake. IĻƩĻ͸ƭacoupleoftakeawaysandactionitems: IspokewithBobSchackandhecannotmaketheOctober26Meeting,soheoptedtoappearinfrontofthe CouncilnextweekattheirmeetingonSeptember28.Hewillappearaspartoftheirworksession.Thecouncil willnottakeanyformalactionatthattime;theywillsimplyhearhisinput. L͸ƒhopingyou(Matt)canappearbeforetheCConOctober26at5PMattheirworksessiontogiveabrief overviewofyourresearch,itsconclusions,andpossiblenextsteps,preppingthemforpossibleparticipationina phosphorussequesterproject. Centerville\[ğƉĻ͸ƭPproblemismostlyrelatedtointernalloadingandaͻĭƌĻğƓǒƦͼofthelakeisprobablynot possiblewithoutPsequestering. o LoadingfromPeltierappearstobeonlyduringlargestormevents,andeventhen,thecontributionis lessthan10%duringthoseyears,withanaveragecontributionofaround2%.Theremayhavebeen somelargerloadingevents,historicallywhenSPRWSusedthelakeduringdroughtconditions. o Thecontributionofincomingdrainagecouldusemorestudy.Itiscurrentlyestimatedat40%,butthisis onlyamodeledresult.Wewouldliketoseemoreresearchonthisissuetofurtherdemonstratethat internalloadingistheprimary(almostsole)sourceofissues. tsofthisresearcharestillpending,butearlydatashows o Carpdonotappeartobeamajorissue.Resul lowtomoderateimpacts. Dredging,hydraulicdredgingorͻƚƓƭŷƚƩĻͼtreatmentarepracticesthathavenotprovencosteffectiveinmost casesanditdoesnotappearthatthislakewouldbeanydifferent. PeltierLakeisprobablynotagreatcandidateforaPsequesteringprojectbecauseithasamuchhigherexternal loadingcomponent,whichcouldoverwhelmthetreatmentinshortorder. ued Breakingthetreatmentinto2,3ormoredosesmaybeasormoreeffective.Thisisanareaofcontin researchintheindustry. Totalcostissomewherearound$1M ThereareafewotherproductsouttherebesidesAlum(Bobremindedmeofthis,thusmyuseofthetermͻt ƭĻƨǒĻƭƷĻƩźƓŭͼΜ͵ TheprojectmaybeeligibleforgrantsthroughtheLegacyfund.Thegrantcyclewouldhaveapplicationsduein JulyorAugust.Therefore,a2024projectmaybeappropriate,withagrantapplicationbeingsubmittedin2023. Thedistrictisconsideringestablishingaspecialtaxingdistricttoensureuniformpaymentfromlakeproperty owners. Thereare80orsopropertyownersonthelake. PotentialPartners o CityofCenterville o CentervilleLakeAssoc. o CityofLinoLakes o AnokaCounty(orAnokaCountyParks) o RiceCreekWatershedDistrict 1 LetmeknowifƷŷĻƩĻ͸ƭanythingImissed. 2 CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: September 28, 2022 Administration II.1.1 TITLE OF ISSUE: MN Small Cities Membership BACKGROUND AND SUPPLEMENTAL INFORMATION: The City has been a member of Metro Cities, an organization that lobbies on behalf of cities in the metro area, for several years. Staff feels that continued membership in this organization is important. Staff is also interested in becoming a member of MN Small Cities, an organization committed to preserving the quality of life of small communities - this organization focuses on addressing challenges that small cities are facing, such as the loss of Local Government Aid (LGA) funding. MN Small Cities advocates for more than 700 small cities with populations under 5,000. MN Small Cities works collaboratively with key stakeholders at all levels to influence legislation and policy proposals that are central to members' best interest. Like Metro Cities, MN Small Cities has been lobbying on behalf of cities for many years. COST AND SOURCE(S) OF FUNDING: $1,860.00 General Fund REQUESTED COUNCIL ACTION: Discussion only For Clerk’s 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: ___________________________________ Exclusively Serving Small Cities with Populations of 5,000 or less! Thanks to the continued support of small cities from every corner of the state,MN Small Cities is able to continuethe important advocacy work that helps to preserve and enhance the qualities that make our small cities great places to live, work and play.We invite you to JOIN US or renew your membership today. MNSmallCitiesexclusivelyservesandfocusesoncitieswithpopulationsof5,000orless! MNSmallCitiesisthe2ndlargestcityorganizationinthestate! Withover700eligiblecitieswearealwayslookingtogrow. MNSmallCitiesistheonlycityorganizationinthestatethatalsodirectlyadvocatesonthe Federallevel! We are proud of the work we were able to accomplish in 2021-2022 on behalf of communities like yours, and we look forward to the new year ahead. Our dedicated legislative team tracked900+pieces of legislationthis session that would impact small cities one way or another, if passed and worked hard to ensure that small cities hada VOICE and a seatat the table via hearings,testimony, letters of support/opposition, and discussions on all key issues - including the vital areas of: Transportation funding Workforce Housing Rural Broadband funding LGA and LRIP Disbursement of Federal dollars .. And More. The legislature adjourned without passing any of the major spending bills. Even so, Minnesota’s small cities can celebrate WINS in important two issue areas: A $200+ millionBroadband fundingpackage DID makeit to the Governor’s desk! This is huge for Minnesota’s rural communities whichshouldall beconnected very soon. Along with other city groups, MN Small Cities was (again) able to thwart attempts to impose zoning and other restrictions that would have adversely impacted local authority in the area of newHousing. Mn Small Cities alos coordinated to halt discussion about expanding the ability of townships to use detached annexation to remove parcels from small cities, thus reducing tax base and development opportunities. Tremendous progress was made in two additional areas of importance(we were SO CLOSE on both and will continue to build on the groundwork accomplished and work to get these over the finish line next session): MN Small Cities and other city groups successfully lobbied for a$30 million LGA increasein the base formula. This was part of the final agreement and has bipartisan support. For the first time EVER the House, Senate and Governorallhad dedicated, ongoing funding for small cityTransportationneeds included in their proposals.There was agreement behind the scenes to provide ongoing funding for small cities but the larger transportation bill got hung up. Other MN Small Cities successesthis past year include: We once again held a series of successful'DC virtualfly-in'calls with our Congressional leaders in DC, bringing them up to speed on what Minnesota’s small cities' current needs are. We held a number ofLunch & Learn zoom webinars-on various topics of importance to small cities - that were well attended. We thank you for your participation and valuable input! On his “mini-tours”' around the state, Executive Director Cap O’Rourke dropped in on dozens of small cities last summer/fall for short, face-to-face ‘get to know you’ meetings. Cap looks forward to more visits again this season, so let us know if you’d like to be included! We piggybacked on the LMC Annual Conference and created two FUN networking events that offered small city attendees to get to know one another and swap “war stories” and successes! Regular member communication viamonthly newslettersin the off-session months and weekly session updatesduring the legislative session.Members also occasionally receive special bulletinsif/when there is relevant informationor breaking news that cannot wait. In the ‘22-’23 Membership year our focus will turn toward the following activities: Expanding the onlineMember Discussion / Q&A Forums.We may all be far apart geographically, but you don't have to go it alone! This is also where you’ll findProgram Opportunity notifications. Establishing periodic, regional, online member meetings and/or region-specific webinars with MAOSC Regional Directors. And of course, we’re always working onTOP legislativepriorities. These will be redefined / determined at the Annual Fall Retreat Board Meeting in October/November. On behalf of the entireMOASC 2022-2023 Board of Directors,Thank You in advance, for your support! We look forward to your membership/renewal and appreciate our continued relationship with your city’s leadership team as we all work together to make a positive impact on small communities throughout the state. CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: September 28, 2022 Administration WS II.4 TITLE OF ISSUE: Garbage/Recycling Services (RFP or Extension) BACKGROUND AND SUPPLEMENTAL INFORMATION: Staff has met with Bev Mathiasen, Municipal Services Manager for Republic Services on several occasions to discuss whether Republic Services would be open to an extension to the existing contract that expires on June 30, 2023. Ms. Mathiasen stated that they would be favorable to an extension if that was the direction of Council. Staff is looking for direction on whether to begin negotiations with Republic Services for an extension or whether Council would desire to obtain Requests for Proposals. COST AND SOURCE(S) OF FUNDING: No cost. REQUESTED COUNCIL ACTION: Provide direction for going forward. For Clerk’s 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: ___________________________________ CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: September28,2022 Administration WS4 TITLE OF ISSUE: PreliminaryGeneralFundBudgetDiscussion BACKGROUND AND SUPPLEMENTAL INFORMATION: Staffwantstohaveonelastdiscussionregardingthe2023preliminarybudgetpriortoadoption.Wewouldlike theCityCounciltohaveanopportunitytodiscussthisitemattheworksessionpriortoadoptionofthe preliminarybudgetandtaxlevy.Ifyouhaveanythingthatyouwouldliketoadd,modify,ordeletefromthe budgetpriortotheTruth-in-Taxationmeetinghereisyouropportunity.Ifyoudohaveanyrecommendations, weaskthatyoucontactuspriortothemeetingsowecanprepareamodificationforcounciladoption. COST AND SOURCE(S) OF FUNDING: TaxLevy REQUESTED COUNCIL ACTION: StaffrecommendsthattheCityCouncilholdabudgetdiscussion. For Clerk’s Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ Vote Record: Aye Nay Other (specify) ____________ ____ _____ _____ _ _____ _______________________________________________________________ _____ _____ _____ ____________________________________________________________________ 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 28, 2022 Administration IV.1 TITLE OF ISSUE: Centennial Public School District Update - Jeff Holmberg - Superintendent BACKGROUND AND SUPPLEMENTAL INFORMATION: Centennial Public School District Superintendent Jeff Holmberg will present an update on the District and the newly remodeled Centerville Elementary School. There will be an opportunity for a brief Q&A session with the City Council. COST AND SOURCE(S) OF FUNDING: N/A REQUESTED COUNCIL ACTION: Update only. No formal action required. For Clerk’s Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ Vote Record: Aye Nay _____ _____ Presenation Other (specify) ____________ _____ _____ _____ _____ _______________________________________________________________ _____ _____Ki _____ ____________________________________________________________________ Administration Department Use: Refer to: _________________________________ Consent Tabled Until: ______________________________ Regular Other: ___________________________________ 09/22/22 3:44 PM CITY OF CENTERVILLE Page 1 Check Detail - Check DateCheck #Vender NameCommentsAmount 19/16/2022001945EIRS/EFTPSFED. W/H - PAY PERIOD 19$2,816.02 19/16/2022001945EIRS/EFTPSFICA/MED W/H - PAY PERIOD 19$4,644.38 Check Nbr 001945 IRS/EFTPS$7,460.40 19/14/2022001946EMINNESOTA DEPT OF REVENUESTATE W/H - PAY PERIOD 19$1,239.11 Check Nbr 001946 MINNESOTA DEPT OF REVENUE$1,239.11 19/16/2022001947EMINNESOTA DEPT OF REVENUEAUGUST 2022 SALES TAX - COMM. WATER$163.00 19/16/2022001947EMINNESOTA DEPT OF REVENUEAUGUST 2022 SALES TAX - WATER METERS$212.00 19/16/2022001947EMINNESOTA DEPT OF REVENUEAUGUST 2022 SOLID WASTE TAX - GARBAGE$1,465.00 Check Nbr 001947 MINNESOTA DEPT OF REVENUE$1,840.00 19/14/2022001948EOPTUM BANK - H.S.A.H.S.A W/H - PAY PERIOD 19$1,264.54 Check Nbr 001948 OPTUM BANK - H.S.A.$1,264.54 19/14/2022001949EPSNPSN CHARGES THRU 8-31-22 (MISC)$2.34 19/14/2022001949EPSNPSN CHARGES THRU 8-31-22 (PERMITS & FEES)$319.91 19/14/2022001949EPSNPSN CHARGES THRU 8-31-22 (UTILITIES)$206.43 19/14/2022001949EPSNPSN CHARGES THRU 8-31-22 (UTILITIES)$206.43 Check Nbr 001949 PSN$735.11 19/16/2022001950EPERAPERA W/H - PAY PERIOD 19$3,898.53 Check Nbr 001950 PERA$3,898.53 19/14/2022001951ETASCF.S.A. W/H - PAY PERIOD 19$239.58 Check Nbr 001951 TASC$239.58 19/20/2022035399 SEELEY, SUZANNEREIMBURSE FOR EQUIPMENT RENTAL FOR MOVIE IN THE PA$150.00 Check Nbr 035399 SEELEY, SUZANNE$150.00 19/28/2022035400 ANOKA COUNTY TREASURYBROADBAND - THRU OCTOBER 2022$37.50 19/28/2022035400 ANOKA COUNTY TREASURYBROADBAND - THRU OCTOBER 2022$37.50 19/28/2022035400 ANOKA COUNTY TREASURYBROADBAND - THRU OCTOBER 2022$37.50 Check Nbr 035400 ANOKA COUNTY TREASURY$112.50 19/28/2022035401 BBKG, LLC2050 MAIN ST - DEVEREAUX FAMILY LP - SERV THRU 1ST QT$85.50 19/28/2022035401 BBKG, LLCBANJO (AMAZON) - SERV THRU 1ST QTR 2022$7,082.50 19/28/2022035401 BBKG, LLCCENTRA HOMES - SERV THRU 1ST QTR 2022$1,102.00 19/28/2022035401 BBKG, LLCGENERAL CIVIL MATTERS - SERV THRU 1ST QTR 2022$5,111.00 19/28/2022035401 BBKG, LLCKWIK TRIP - SERV THRU 1ST QTR 2022$731.50 19/28/2022035401 BBKG, LLCLOT COMBINATION 7087 MAIN ST - SERV THRU 1ST QTR 202$256.50 19/28/2022035401 BBKG, LLCMAX STORAGE - SERV THRU 1ST QTR 2022$551.00 19/28/2022035401 BBKG, LLC2050 MAIN STREET - NORTHERN FOREST PRODUCTS - SERV $76.00 19/28/2022035401 BBKG, LLCOLD MILL ESTATES - SERV THRU 1ST QTR 2022$76.00 19/28/2022035401 BBKG, LLCREHBEIN COMMERCIAL - SERV THRU 1ST QTR 2022$370.50 19/28/2022035401 BBKG, LLCREHBEIN INDUSTRIAL - SERV THRU 1ST QTR 2022$826.50 19/28/2022035401 BBKG, LLCSHINGLE CREEK CAPITAL - SERV THRU 1ST QTR 2022$617.50 19/28/2022035401 BBKG, LLCPITRE, SARAH D FORFEITURE - SERV THRU 1ST QTR 2022$152.00 Check Nbr 035401 BBKG, LLC$17,038.50 19/28/2022035402 CANON FINANCIAL SERVICES INC.P.W. COPIER SERV THRU 9-30-22$33.13 Check Nbr 035402 CANON FINANCIAL SERVICES INC.$33.13 19/28/2022035403 CENTERPOINT ENERGY1785 PELTIER LAKE DR - SERV THRU 8-26-22$33.20 19/28/2022035403 CENTERPOINT ENERGY2085 W CEDAR ST - SERV THRU 8-26-22$118.61 19/28/2022035403 CENTERPOINT ENERGY6970 LAMOTTE DR - SERV THRU 8-26-22$30.39 19/28/2022035403 CENTERPOINT ENERGY1880 MAIN ST - SERV THRU 8-26-22$109.59 Check Nbr 035403 CENTERPOINT ENERGY$291.79 19/28/2022035404 CHRISTOPHER LARSON2022 3RD QTR ASSESSING SERVICES$3,750.00 Check Nbr 035404 CHRISTOPHER LARSON$3,750.00 19/28/2022035405 DELTA DENTALDENTAL INS - SERV THRU 10-31-22$367.32 Check Nbr 035405 DELTA DENTAL$367.32 19/28/2022035406 E.G. RUD & SONS7087 20TH AVE S - SITE CONTROL & RESTAKE LOT LINES FO$720.00 09/22/22 3:44 PM CITY OF CENTERVILLE Page 2 Check Detail - use this one for check reports Check DateCheck #Vender NameCommentsAmount Check Nbr 035406 E.G. RUD & SONS$720.00 19/28/2022035407 K-LEE ELECTRIC - CHRIS ROLSTAD1880 MAIN ST - ELECTRICAL UPGRADES & LIGHTING - FIRE S$4,640.00 Check Nbr 035407 K-LEE ELECTRIC - CHRIS ROLSTAD$4,640.00 19/28/2022035408 LEAGUE OF MN CITIESANNUAL DUES - D. LOVE - MAYOR$30.00 Check Nbr 035408 LEAGUE OF MN CITIES$30.00 19/28/2022035409 LEAGUE OF MN CITIES*MEMBERSHIP DUES - THRU 2023$4,620.00 Check Nbr 035409 LEAGUE OF MN CITIES*$4,620.00 19/28/2022035410 LINCOLN NATIONAL LIFE INSURANCLONG TERM DISABILITY INS - THRU 10-31-22$372.96 Check Nbr 035410 LINCOLN NATIONAL LIFE INSURANC$372.96 19/28/2022035411 MARCO, INC.STANDARD PAYMENT$202.42 Check Nbr 035411 MARCO, INC.$202.42 19/28/2022035412 SENSAPHONEANNUAL CELLULAR SUBSCRIPTION$149.70 19/28/2022035412 SENSAPHONEANNUAL CELLULAR SUBSCRIPTION$149.70 Check Nbr 035412 SENSAPHONE$299.40 19/28/2022035413 STANTEC CONSULTING SERVICES INSTORM WATER UTILITY - SERV THRU 9-2-22$1,333.00 19/28/2022035413 STANTEC CONSULTING SERVICES INWATER UTILITY - SERV THRU 9-2-22$747.00 19/28/2022035413 STANTEC CONSULTING SERVICES INP & Z - SERV THRU 9-2-22$960.00 19/28/2022035413 STANTEC CONSULTING SERVICES INOLD MILL ESTATE - PHASE 1 - SERV THRU 9-2-22$147.00 19/28/2022035413 STANTEC CONSULTING SERVICES INOLD MILL ESTATE - PHASE 2 - SERV THRU 9-2-22$989.29 19/28/2022035413 STANTEC CONSULTING SERVICES INREHBEIN COMMERCIAL - SERV THRU 9-2-22$720.56 19/28/2022035413 STANTEC CONSULTING SERVICES INKWIK TRIP - SERV THRU 9-2-22$543.40 19/28/2022035413 STANTEC CONSULTING SERVICES INREHBEIN INDUSTRITAL - SERV THRU 9-2-22$565.28 19/28/2022035413 STANTEC CONSULTING SERVICES INAMAZON CONSTRUCTION INSP - SERV THRU 9-2-22$6,932.75 19/28/2022035413 STANTEC CONSULTING SERVICES IN2022 THIN OVER LAY AND PARKING LOT - DESIGN & BIDDIN$4,787.16 19/28/2022035413 STANTEC CONSULTING SERVICES INPARKING LOT LIGHTING - DESIGN & BIDDING SERVICES - SE$135.75 Check Nbr 035413 STANTEC CONSULTING SERVICES IN$17,861.19 19/28/2022035414 SUN LIFE INSURANCE COMPANYSHORT TERM DISABILITY INS - SERV STARTING 10-1-22$189.17 19/28/2022035414 SUN LIFE INSURANCE COMPANYLIFE INSURANCE - SERV STARTING 10-1-22$103.26 Check Nbr 035414 SUN LIFE INSURANCE COMPANY$292.43 19/28/2022035415 SWANK MOTION PICTURES, INC.MOVIE IN THE PARK - THE MITCHELLS VS THE MACHINES - 9-$465.00 Check Nbr 035415 SWANK MOTION PICTURES, INC.$465.00 19/28/2022035416 TASCADMINISTRATOR FEE - COBRA - SERV THRU 11-30-22$25.00 Check Nbr 035416 TASC$25.00 19/28/2022035417 VERIZONCELL PHONE - SERV THRU 9-9-22$59.32 19/28/2022035417 VERIZONCELL PHONE - SERV THRU 9-9-22$49.32 19/28/2022035417 VERIZONCELL PHONE - SERV THRU 9-9-22$49.32 19/28/2022035417 VERIZONCELL PHONE - SERV THRU 9-9-22$49.32 19/28/2022035417 VERIZONTABLET - SERV THRU 9-9-22$40.01 Check Nbr 035417 VERIZON$247.29 19/28/2022035418 WELLS, MARY3RD QTR ASSESSING SERVICES$1,088.84 Check Nbr 035418 WELLS, MARY$1,088.84 19/28/2022035419 NATIONWIDE RETIREMENT SOLUTIONDEF. COMP W/H - PAY PERIOD 20$1,125.00 Check Nbr 035419 NATIONWIDE RETIREMENT SOLUTION$1,125.00 $70,410.04 CENTENNIAL LAKES POLICE DEPTCheck Register - POLICEPage: 1 Check Issue Dates: 9/9/2022 - 9/22/2022Sep 22, 2022 04:55PM Report Criteria: Report type: Summary Check NumberCheck Issue DatePayeeAmount 1446109/22/2022OTTER LAKE ANIMAL CARE145.00-V 1447309/22/2022AMAZON594.28 1447409/22/2022ANOKA COUNTY20.00 1447509/22/2022CENTENNIAL UTILITIES513.87 1447609/22/2022CONNEXUS ENERGY2,110.75 1447709/22/2022GEORGE'S INC180.00 1447809/22/2022KNOWLAN'S SUPER MARKETS47.75 1447909/22/2022MIDWAY FORD INC27.69 1448009/22/2022OFFICE OF MN IT SERVICES44.60 1448109/22/2022OFFICE OF SECRETARY OF STATE120.00 1448209/22/2022O'REILLY AUTOMOTIVE, INC7.98 1448309/22/2022RAMSEY COUNTY20.00 1448409/22/2022STREICHER'S, INC334.89 1448509/22/2022OFFICE OF SECRETARY OF STATE120.00 202207009/22/2022DEARBORN NATIONAL1,613.56 202207109/22/2022HEALTH PARTNERS11,376.11 Grand Totals: 16,986.48 Payroll Check #14471-14472 M = Manual Check, V = Void Check STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE RESOLUTION #22-0___ A RESOLUTION PROCLAMATION FOR OCTOBER OF 2022 BEING DOMESTIC VIOLENCE AWARENESS MONTH WHEREAS: the community problem of domestic violence has become a critical public health and welfare concern in Anoka County; and WHEREAS: 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 WHEREAS: over thousands of women, men and children have and will continue to access assistance from Alexandra House, Inc., a domestic violence service provider; and WHEREAS: 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 WHEREAS: over thousands of women, men and children have and will continue to access assistance from Alexandra House, Inc., a domestic violence service provider; and WHEREAS: October is National Domestic Violence Awareness Month; and WHEREAS: 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. NOW, THEREFORE, BE IT RESOLVED AND KNOWN TO ALL that the City of Centerville, Minnesota proclaims October to be Domestic Violence Awareness Month. PASSED AND ADOPTED by the City of Centerville 28th day of September, 2022. ______________________________ Mayor, D. Love Attest: _____________________________ City Clerk, Teresa Bender CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: September 28, 2022 Administration VII.6 TITLE OF ISSUE: 2 AM Liquor License Renewal - JV Summit Corp. dba Southern Rail BACKGROUND AND SUPPLEMENTAL INFORMATION: The State of Minnesota requires that City's sign off on the establishment's application for renewal and it is renewed annually. Southern Rail and Kelly's are the only two establishments in town that have this type of permit. COST AND SOURCE(S) OF FUNDING: No cost. REQUESTED COUNCIL ACTION: Recommend for Council to approve the 2 AM Liquor License Renewal for JV Summit Corp. dba Southern Rail for November 13, 2022 - November 12, 2023. For Clerk’s Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ Vote Record: Aye Nay _____ _____ Renewal Application 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 28, 2022 Administration VII.7.1 TITLE OF ISSUE: BACKGROUND AND SUPPLEMENTAL INFORMATION: The city and the Anoka County Historical Society work in partnership to maintain the exhibit space in council chambers. To date, we have installed two exhibits, and we are currently working on our third. The first two installations displayed artifacts that were donated to the city. The third exhibit, however, will display items that are on loan to us. For documentation purposes, staff would like to use an industry-specific form provided by the Anoka County Historical Society to secure loaned artifacts for the upcoming exhibit, as well as installations that follow. Staff is requesting that council approve the attached loan form, so the city can receive loaned artifacts to display in the city's exhibit space. COST AND SOURCE(S) OF FUNDING: No cost. REQUESTED COUNCIL ACTION: Motion to approve the attached loan form to secure and display artifacts for the city's exhibit space in council chambers. For Clerk’s Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ Vote Record: Aye Nay _____ _____ Artifact Loan Form Other (specify) ____________ _____ _____ _____ _____ _______________________________________________________________ _____ _____Ki _____ ____________________________________________________________________ Administration Department Use: Refer to: _________________________________ Consent Tabled Until: ______________________________ Regular Other: ___________________________________ CentervilleCopy Loan#:________________ Loan Form Name: ____________________________________________________ Date: _____________________ Address: ______________________________________________________________________________ ______________________________________________________________________________________ Phone: ____________________________________ Email:________________________________ On __________, the City of Centerville, a city in Anoka County located at 1880MainStreet,Centerville,MN55038 (hereinafter “Centerville”), enter into an agreement with ___________________________________ (hereinafter “Lender”) as follows: The Lender, to the best of his/her knowledge, has all rights, title, and interest of the artifact(s) without restriction of any nature. The Lender wishes to loan the artifact(s) to Centerville for the specified peri- od of time, for the stated purpose(s). Centerville and the Lender agree that: 1. The artifact(s) described below will be loaned for display at City Hall in the display case (DescriponofLoanItems) 2. The artifact(s) will be loaned to Centerville from ______________to ________________ OR for the duration of ___________________________________________________. 3. Centerville will return the loaned artifact(s) in the same condition they were received in, ORonly with changes approved by the Lender. 4. The Lender agrees that they are responsible for picking up the loaned artifact(s) within 30 days after the duration of the loan has expired. Centerville will inform the Lender when the artifact(s) are ready to be picked up. 5. Centerville has the right to share images of the artifact(s) for promotional and event purposes. 6. Centerville will not use, transfer, or display the artifact(s) except as previously agreed upon and included with this document. By my signature below, I accept the forgoing conditions and acknowledge reading any attached information. \[ĻƓķĻƩ {źŭƓğƷǒƩĻʹ ________________________________________5ğƷĻʹ _______________ CentervilleStaSignature:_________________________________Date:_______________ PrintName:___________________Title:__________________ LenderCopy Loan#:________________ Loan Form Name: ____________________________________________________ Date: _____________________ Address: ______________________________________________________________________________ ______________________________________________________________________________________ Phone: ____________________________________ Email:________________________________ On __________, the City of Centerville, a city in Anoka County located at 1880MainStreet,Centerville,MN55038 (hereinafter “Centerville”), enter into an agreement with ___________________________________ (hereinafter “Lender”) as follows: The Lender, to the best of his/her knowledge, has all rights, title, and interest of the artifact(s) without restriction of any nature. The Lender wishes to loan the artifact(s) to Centerville for the specified peri- od of time, for the stated purpose(s). Centerville and the Lender agree that: 1. The artifact(s) described below will be loaned for display at the City Hall in the display case (DescriponofLoanItems) 2. The artifact(s) will be loaned to Centerville from ______________to ________________ OR for the duration of ___________________________________________________. 3. Centerville will return the loaned artifact(s) in the same condition they were received in, ORonly with changes approved by the Lender. 4. The Lender agrees that they are responsible for picking up the loaned artifact(s) within 30 days after the duration of the loan has expired. Centerville will inform the Lender when the artifact(s) are ready to be picked up. 5. Centerville has the right to share images of the artifact(s) for promotional and event purposes. 6. Centerville will not use, transfer, or display the artifact(s) except as previously agreed upon and included with this document. By my signature below, I accept the forgoing conditions and acknowledge reading any attached information. \[ĻƓķĻƩ {źŭƓğƷǒƩĻʹ ________________________________________5ğƷĻʹ _______________ CentervilleStaSignature:_________________________________Date:_______________ PrintName:___________________Title:__________________ CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: September 28, 2022 Engineering VIII.8 TITLE OF ISSUE: Materials Testing Contract BACKGROUND AND SUPPLEMENTAL INFORMATION: Various materials, such as bituminous and concrete, associated with the 2022 Thin Overlay Program and City Hall Improvements Project, should be tested for compliance with the project specifications. The city's engineering consultant solicited quotes from 3 firms for this work. Two submitted proposals, timely. Both have costs within 10% of each other. Based on the industry reputation and extensive experience of Braun Intertec, staff is recommending them for this work, despite their slightly higher price. Additionally, their price for bituminous testing is lower, so if there are more tests required on that item, their overall price may be less, in the end. The city attorney has reviewed the contract and has expressed concerns with the limitation of liability clause. However, all 3 testing firms have nearly identical clauses. Given the nature of the work, staff feels that our exposure here is limited and recommends moving forward. COST AND SOURCE(S) OF FUNDING: $7,653 - Street Fund; These costs were anticipated and included in previous project discussions. REQUESTED COUNCIL ACTION: Motion to approve the contract for Material Testing with Braun Intertec, Inc. For Clerk’s Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ X Vote Record: Aye Nay _____ _____ Summary of quotes 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 28, 2022 Engineering VIII.8 TITLE OF ISSUE: Materials Testing Contract BACKGROUND AND SUPPLEMENTAL INFORMATION: Various materials, such as bituminous and concrete, associated with the 2022 street project, should be tested for compliance with the project specifications. The city's engineering consultant solicited quotes from 3 firms for this work. Two submitted proposals, timely. Both have costs within 10% of each other. Based on the industry reputation and extensive experience of Braun Intertec, staff is recommending them for this work, despite their slightly higher price. Additionally, their price for bituminous testing is lower, so if there are more tests required on that item, their overall price may be less. The city attorney has reviewed the contract and has expressed concerns with the limitation of liability clause. However, all 3 testing firms have nearly identical clauses. In the past, the city had negotiated with a firm to modify this clause. That firm is no longer in business. Given the nature of the work, staff feels that our exposure here is limited and recommends moving forward. COST AND SOURCE(S) OF FUNDING: $7,653 - Street Fund; These costs were anticipated and included in previous project discussions. REQUESTED COUNCIL ACTION: Motion to approve the contract for materials testing with Braun Intertec Corp. For Clerk’s Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ X Vote Record: Aye Nay _____ _____ Summary of quotes Other (specify) ____________ _____ _____ _____ _____ _______________________________________________________________ _____ _____Ki _____ ____________________________________________________________________ Administration Department Use: Refer to: _________________________________ Consent Tabled Until: ______________________________ Regular Other: ___________________________________ 1,1601,001 Mgmt Proj $$ 630 1,068 Material es, as well as a proposal breakdown. Granular $ $ Breakdown OPOSAL QTB166153.pdf 3,4623,456 Proposal Bit notify us immediately. $$ 1,7682,128 a brief summary of select unit pric 1 he selected firm. Concrete $$ 7684 Rate Technician $$ 4050 NTERVILLE CITY HALL PARKING LOT - MILL OVERLAY_CONTRACT_PR Charge Trip $$ Prices r any purpose except with Stantec's written authorization. If you are not the intended recipient, please delete all copies and are in order with the requested scope of services. Below is Unit425254 caution. of the agreement directly to me and I can coordinate with t use Testing Bit please $$ 140136 organization; our Gradation $$ outside 7,0207,653 originated Schlegel, Kellie <Kellie.Schlegel@stantec.com>Thursday, September 22, 2022 7:25 AMMark StatzLarson, CraigConstruction Materials Testing Proposals - Thin Overlay22-0834 CMT Proposal 2022 Thin Overlay Parking lot.pdf; _CITY OF CE Estimate email Total $ $ This To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet.Stantec /ğǒƷźƚƓʹ Iğǒŭƚ.ƩğǒƓ Mark Statz From:Sent:To:Cc:Subject:Attachments:Mark,We received quotes from Haugo and Braun. I have reviewed both and Haugo is about 9% lower than Braun. Let me know if you have any questions. Please return a signed copy Kellie Schlegel, PE Senior Associate Direct: 612 712-2125 Mobile: 651 775-5622 kellie.schlegel@stantec.com Stantec 733 Marquette Avenue Suite 1000 Minneapolis MN 55402-2309 The content of this email is the confidential property of Stantec and should not be copied, modified, retransmitted, or used fo Braun Intertec Corporation Phone: 952.995.2000 11001 Hampshire Avenue SFax:952.995.2020 Minneapolis, MN 55438Web:braunintertec.com September 21, 2022Proposal QTB166153 Mr. Mark Statz City of Centerville 1880 Main Street Centerville, MN 55038 Re:Proposal for Construction MaterialsTesting Services City Hall Parking Lot / Mill & Overlay 1880 Main Street Centerville, Minnesota Dear Mr. Statz: Braun Intertec Corporation is pleased to submit this revised proposal to provide construction materials testing services for the City Hall Parking Lot / Mill & Overlay Project in Centerville, Minnesota. Since our inception in 1957, we have grown into one of the largest employee ownedengineering firms in the Midwest. With more than1,000 employee owners, retaining our firm gives you access to a diverse range of services and professionals you can consult with ifthe unforeseen occurs. The size of our company also allows us to respond quickly when schedule constraints occur. Our Understanding of Project Weunderstand this project will include placement of aggregate base and select granular materials, new concrete curb and gutter, sidewalk, along with new bituminous pavement. Mill and Overlay operations will also be a part of this project. Available Project Information This proposal was prepared using the following documents and information. Email correspondence with Kellie Schlegel from Stantec Inc. regarding scope of services. Scope of Services Services will beperformed under the direction of a licensed professional engineer. Testingservices will be performed on an on-call, as-needed basis as requested and scheduled by you or your on-site project representative. After reviewing available information to determine compliance with project plans and/or specifications and other design or construction documents, our scope of services for the project will be limited to the tasks defined below. AA/EOE City of Centerville Proposal QTB166153 September 21, 2022 Page 2 Soil Related Services Sample and test aggregate base and select granular materials for compliance with the project documents. This task includes laboratory gradation testing. Concrete Related Services Sample and test fresh concrete associated with general concrete placement for compliance with the project documents and cast test cylinders for laboratory compressive strength testing. We assume that we will be able to appropriately dispose of excess concrete (and associated wash water) on site at no additional cost to us. Prepare 4-inch by 8-inch cylinders for compressive strength testing. One set of three cylinders will be cast each trip that will be tested at 28 days. If field cure cylinders are requested, each additional cylinder will be charged at the unit price listed in our cost estimate. Measure and report the compressive strength of the concrete test cylinders for compliance with the project documents. Bituminous Related Services Sample and test bituminous pavement materials for compliance with the project documents. Perform tests on these samples which will include asphalt content and extracted aggregate. Measure the in-place density of the fresh bituminous with a nuclear density gauge to observe and document the contractor’s roll pattern. Consulting, Project Communication and Reporting Services Project management, including scheduling of our field personnel. Review test reports and communicating with you and the parties you may designate such as the project contractor(s), and other project team members, as needed. Transmit test results to the project team on a weekly basis. Basis of Scope of Work The costs associated with the proposed scope of services were estimated using the following assumptions. If the construction schedule is modified or the contractor completes the various phases of the project at different frequencies or durations than shown in this proposal, we may need to adjust the overall cost accordingly. The scope of work and number of trips required to perform these services are as shown in the attached table. Notable assumptions in developing our estimate include: We assume three trips to pick up samples for laboratory testing of aggregate base, select granular, and topsoil borrow materials. We assume four sets of concrete tests will be required to complete the project. City of Centerville Proposal QTB166153 September 21, 2022 Page 3 We assume the rebar observations before concrete placements will be completed by the project representative’s construction oversight manager. Bituminous paving will be completed in four days for this project. We assume the project engineer of record will review and approve contractor’s quality control submittals and test results. We assume your site inspection personnel will perform test rolling observations for this project. You, or others you may designate, will provide us with current and approved plans and specifications for the project. Modification to these plans must also be sent to us so we can review their incorporation into the work. We will require a minimum of 24 hours’ notice for scheduling inspections for a specific time. Shorter than 24 hours’ notice may impact our ability to perform the requested services, and the associated impacts will be the responsibility of others. If the work is completed at different rates than described above, this proposal should be revised. If the pace of construction is different than described above, this proposal should be revised. Cost and Invoicing We will furnish the services described herein for an estimated fee of $7,653. Our estimated costs are based on industry averages for construction production. Depending on the contractor’s performance, our costs may be significantly reduced or slightly higher than estimated. A tabulation showing our estimated hourly and/or unit rates associated with our proposed scope of services is also attached. The actual cost of our services will be based on the actual units or hours expended to meet the requirements of the project documents. This cost estimate was developed with the understanding that the scope of services defined herein will be required and requested during our normal work hours of 6:00 a.m. to 4:00 p.m., Monday through Friday. Services that we are asked to provide to meet the project requirements or the contractor’s construction schedule outside our normal business hours will be invoiced using an overtime rate factor. The factor for services provided outside our normal work hours or on Saturday will be 1.25 times the listed hourly rate for the service provided. The factor for services provided on Sunday or legal holidays will be 1.5 times the listed hourly rate for the service provided. We have not included premiums for overtime in our cost estimate; however, we recommend that allowances and contingencies be made for overtime charge. You will be billed only for services provided on a time and materials basis. Because our services are directly controlled by the schedule and performance of others, the actual cost may vary from our estimate. It is difficult to project all of the services and the quantity of services that may be required for any project. If services are required that are not discussed above, we will provide them at the rates shown in the attached table or, if not shown, at our current Schedule of Charges. We will invoice you on a monthly basis. City of Centerville Proposal QTB166153 September 21, 2022 Page 4 General Remarks We will be happy to meet with you to discuss our proposed scope of services further and clarify the various scope components. We appreciate the opportunity to present this proposal to you. After reviewing this proposal, please sign and return one copy to our office as notification of acceptance and authorization to proceed. If anything in this proposal is not consistent with your requirements, please let us know immediately. Braun Intertec will not release any written reports until we have received a signed agreement. Also, ordering services from Braun Intertec constitutes acceptance of the terms of this proposal. The proposed fee is based on the scope of services described and the assumption that our services will be authorized within 30 days and that others will not delay us beyond our proposed schedule. City of Centerville Proposal QTB166153 September 21, 2022 Page 5 We include the Braun Intertec General Conditions, which provide additional terms and are a part of our agreement. To have questions answered or schedule a time to meet and discuss our approach to this project further, please contact John Rutherford at 651.487.7052 (jrutherford@braunintertec.com). Sincerely, BRAUN INTERTEC CORPORATION John P. Rutherford Transportation Project Manager Charles M. Cadenhead, Jr., PE Vice President, Principal Engineer Attachment: Project Proposal General Conditions – CMT (1/1/18) The proposal is accepted. We will reimburse you in accordance with this agreement, and you are authorized to proceed: Authorizer’s Firm Authorizer’s Signature Authorizer’s Name (please print or type) Authorizer’s Title Date Project Proposal QTB166153 City of Centerville City Hall Parking Lot / Mill & Overlay Client: Work Site Address:Service Description: City of Centerville1880 Main StreetConstruction Materials Testing Mark StatzCenterville, MN 55038 1880 Main Street Centerville, MN 55038 DescriptionQuantityUnitsUnit PriceExtension Phase 1Construction Materials Testing Activity 1.1Soil Testing$1,068.00 Sample pick-up4.00Hour84.00$336.00 209 Sieve Analysis with 200 wash, per sample2.00Each136.00$272.00 1162 Topsoil Testing without nutrients, per sample1.00Each310.00$310.00 1226 CMT Trip Charge3.00Each50.00$150.00 1861 Activity 1.2Concrete Testing$2,128.00 Concrete Testing10.00Hour84.00$840.00 261 Work Activity DetailQtyUnitsHrs/UnitExtension Tjefxbml2/11Usjq3/613/61 Dvsc!boe!Hvuufs4/11Usjqt3/618/61 Compressive strength of concrete cylinders, per specimen12.00Each32.00$384.00 1364 Work Activity DetailQtyUnitsHrs/UnitExtension Tjefxbml2/11Tfu4/114/11 Dvsc!boe!Hvuufs4/11Tfut4/11:/11 Concrete Cylinder Pick up6.00Hour84.00$504.00 278 Work Activity DetailQtyUnitsHrs/UnitExtension Dzmjoefs!Qjdl.vq5/11Usjqt2/617/11 CMT Trip Charge8.00Each50.00$400.00 1861 Activity 1.3Pavement Testing$3,456.00 Sample pick-up4.00Hour84.00$336.00 209 Work Activity DetailQtyUnitsHrs/UnitExtension INB!Tbnqmf!Qjdl.vq3/11Usjqt3/115/11 Compaction Testing - Nuclear12.00Hour84.00$1,008.00 207 Work Activity DetailQtyUnitsHrs/UnitExtension Spmm!Qbuufso!boe!Tbnqmf!Qjdl.vq5/11Usjqt4/1123/11 Nuclear moisture-density meter charge, per hour12.00Each24.00$288.00 1308 Extracted Aggregate Gradation, per sample6.00Each104.00$624.00 1532 Asphalt Content, per sample6.00Each150.00$900.00 1530 CMT Trip Charge6.00Each50.00$300.00 1861 Activity 1.4Project Management$1,001.00 Project Manager4.50Hour164.00$738.00 226 Senior Project Manager0.50Hour190.00$95.00 228 Project Assistant2.00Hour84.00$168.00 238 Phase 1 Total:$7,653.00 Phase 2Additional Services Activity 2.1Unit Prices$.00 Compaction Testing - NuclearHour84.00$.00 207 09/21/2022 11:53 AMPage 1 of 2 Project Proposal QTB166153 City of Centerville City Hall Parking Lot / Mill & Overlay Nuclear moisture-density meter charge, per hourEach24.00$.00 1308 Compaction Testing - DCPHour84.00$.00 217 Proofroll ObservationsHour104.00$.00 211 Moisture Density Relationship (Standard), per sampleEach176.00$.00 1318 Asphalt Content of Aggregate Base, per sampleEach150.00$.00 1530AG Bituminous Coring (per hour)Hour104.00$.00 221 Thickness and Density of Bituminous Core (per core)Each54.00$.00 1542 Phase 2 Total:$.00 Proposal Total:$7,653.00 09/21/2022 11:53 AMPage 2 of 2 General Conditions Construction Material Testing and Special Inspections Section 1: Agreement further that site conditions may vary over distance costs and agree to pay for those services at the 1.1 Our agreement with you consists of these or change over time. rates listed in our cost estimate. General Conditions and the accompanying written proposal or authorization . This 2.4 Our duties do not include supervising or 3.6 You agree to include us as an indemnified Agreement is the entire agreement between you directing your representatives or contractors or party in your contracts, if any, for work by others and us. It supersedes prior agreements. It may be commenting on, overseeing, or providing the on the project, protecting us to the same degree modified only in a writing signed by us, making means and methods of their services unless as you are protected. You agree to list us as an specific reference to the provision modified. expressly set forth in this Agreement. We will not Additional Insured under your liability insurance be responsible for the failure of your contractors, policies and to require subrogation be waived 1.2 and the providing of Services will not relieve against us and that we will be added as an include officers, employees, and subcontractors. others of their responsibilities to you or to others. Additional Insured on all policies of insurance, including any policies required of your contractors or subcontractors, covering any construction or 1.3 In the event you use a purchase order or 2.5 We will provide a health and safety program development activities to be performed on the other documentation to authorize our scope of for our employees, but we will not be responsible project site. ervices, any conflicting or additional for contractor, owner, project, or site health or terms are not part of this Agreement. Directing us safety. to start work prior to execution of this Agreement Section 4: Reports and Records constitutes your acceptance. If, however, mutually 4.1 Unless you request otherwise, we will 2.6 You will provide, at no cost to us, acceptable terms cannot be established, we have provide our report(s) in an electronic format. appropriate site safety measures as to work areas the right to terminate this Agreement without to be observed or inspected by us. Our employees liability to you or others, and you will compensate are authorized by you to refuse to work under 4.2 Our reports, notes, calculations, and other us for fees earned and expenses incurred up to the conditions that may be unsafe. documents and our computer software and data time of termination. are instruments of our service to you, and they remain our property. We hereby grant you a 2.7 Unless a fixed fee is indicated, our price is an Section 2: Our Responsibilities license to use the reports and related information estimate of our project costs and expenses based 2.1 We will provide Services specifically we provide only for the related project and for the on information available to us and our experience described in this Agreement. You agree that we purposes disclosed to us. You may not transfer our and knowledge. Such estimates are an exercise of are not responsible for services that are not reports to others or use them for a purpose for our professional judgment and are not guaranteed expressly included in this Agreement. Unless which they were not prepared without our written or warranted. Actual costs may vary. You should otherwise agreed in writing, our findings, opinions, approval͵ ƚǒ ğŭƩĻĻ Ʒƚ źƓķĻƒƓźŅǤͲ ķĻŅĻƓķͲ ğƓķ allow a contingency in addition to estimated costs. and recommendations will be provided to you in ŷƚƌķ ǒƭ ŷğƩƒƌĻƭƭ ŅƩƚƒ ĭƌğźƒƭͲ ķğƒğŭĻƭͲ ƌƚƭƭĻƭͲ writing. You agree not to rely on oral findings, ğƓķ ĻǣƦĻƓƭĻƭͲ źƓĭƌǒķźƓŭ ğƷƷƚƩƓĻǤ ŅĻĻƭͲ ğƩźƭźƓŭ ƚǒƷ Section 3: Your Responsibilities opinions, or recommendations without our ƚŅ ƭǒĭŷ ğ ƷƩğƓƭŅĻƩ ƚƩ ǒƭĻ͵ 3.1 You will provide us with prior environmental, written approval. geotechnical and other reports, specifications, 4.3 If you do not pay for Services in full as plans, and information to which you have access 2.2 In performing our professional services, we agreed, we may retain work not yet delivered to about the site. You agree to provide us with all will use that degree of care and skill ordinarily you and you agree to return to us all of our work plans, changes in plans, and new information as to exercised under similar circumstances by that is in your possession or under your control. site conditions until we have completed Services. reputable members of our profession practicing in the same locality. If you direct us to deviate from 4.4 Electronic data, reports, photographs, 3.2 You will provide access to the site. In the our recommended procedures, you agree to hold samples, and other materials provided by you or performance of Services some site damage is us harmless from claims, damages, and expenses others may be discarded or returned to you, at our normal even when due care is exercised. We will arising out of your direction. If during the one year discretion, unless within 15 days of the report date use reasonable care to minimize damage to the period following completion of Services it is you give us written direction to store or transfer site. We have not included the cost of restoration determined that the above standards have not the materials at your expense. of damage in the estimated charges. been met and you have promptly notified us in writing of such failure, we will perform, at our Section 5: Compensation 3.3 If we notify you that radiographic or gamma cost, such corrective services as may be necessary, 5.1 You will pay for Services as stated in this ray equipment or other nuclear testing or within the original scope in this Agreement, to Agreement. If such payment references our measuring device will be used, you will be remedy such deficiency. Remedies set forth in this Schedule of Charges, the invoicing will be based responsible for the cooperation of your employees section constitute your sole and exclusive recourse upon the most current schedule. An estimated and your contractors in observing all radiation with respect to the performance or quality of amount is not a firm figure. You agree to pay all safety standards. Services. sales taxes and other taxes based on your payment of our compensation. Our performance is 3.4 You will notify us of any knowledge or 2.3 We will reference our field observations and subject to credit approval and payment of any suspicion of the presence of hazardous or sampling to available reference points, but we will specified retainer. dangerous materials present on any work site. If not survey, set, or check the accuracy of those we observe or suspect the presence of points unless we accept that duty in writing. 5.2 You will notify us of billing disputes within 15 contaminants not anticipated in this Agreement, Locations of field observations or sampling days. You will pay undisputed portions of invoices we may terminate Services without liability to you described in our report or shown on our sketches upon receipt. You agree to pay interest on unpaid or to others, and you will compensate us for fees are based on information provided by others or balances beginning 30 days after invoice dates at earned and expenses incurred up to the time of estimates made by our personnel. You agree that the rate of 1.5% per month, or at the maximum termination. such dimensions, depths, or elevations are rate allowed by law. approximations unless specifically stated 3.5 The time our field personnel spend on the otherwise in the report. You accept the inherent 5.3 If you direct us to invoice a third party, we job site depends upon the scheduling of the work risk that samples or observations may not be may do so, but you agree to be responsible for our we are observing or testing. You agree that any representative of things not sampled or seen and compensation unless the third party is changes in scheduling may result in additional GC-CMT Page 1 of 2 business opportunity, loss of profit or revenue, 6.7 No officer or employee acting within the creditworthy (in our sole opinion) and provides written acceptance of all terms of this Agreement. loss of product or output, or business scope of employment shall have individual liability interruption. for his or her acts or omissions, and you agree not to make a claim against individual officers or 5.4 Your obligation to pay for Services under this employees. 6.3 You and we agree that any action in relation Agreement is not contingent on your ability to obtain financing, governmental or regulatory to an alleged breach of our standard of care or this agency approval, permits, final adjudication of any Agreement shall be commenced within one year Section 7: General Indemnification lawsuit, your successful completion of any project, of the date of the breach or of the date of 7.1 Ļ Ǟźƌƌ źƓķĻƒƓźŅǤ ğƓķ ŷƚƌķ Ǥƚǒ ŷğƩƒƌĻƭƭ receipt of payment from a third party, or any substantial completion of Services, whichever is ŅƩƚƒ ğƓķ ğŭğźƓƭƷ ķĻƒğƓķƭͲ ķğƒğŭĻƭͲ ğƓķ other event. No retainage will be withheld. earlier, without regard to the date the breach is ĻǣƦĻƓƭĻƭ ƚŅ ƚƷŷĻƩƭ Ʒƚ ƷŷĻ ĭƚƒƦğƩğƷźǝĻ ĻǣƷĻƓƷ ƷŷĻǤ discovered. Any action not brought within that ğƩĻ ĭğǒƭĻķ ĬǤ ƚǒƩ ƓĻŭƌźŭĻƓƷ ğĭƷƭ ƚƩ ƚƒźƭƭźƚƓƭ ƚƩ one year time period shall be barred, without ƷŷƚƭĻ ƓĻŭƌźŭĻƓƷ ğĭƷƭ ƚƩ ƚƒźƭƭźƚƓƭ ƚŅ ƦĻƩƭƚƓƭ ŅƚƩ 5.5 If you do not pay us in accordance with this regard to any other limitations period set forth by Ǟŷƚƒ ǞĻ ğƩĻ ƌĻŭğƌƌǤ ƩĻƭƦƚƓƭźĬƌĻ͵ ƚǒ Ǟźƌƌ Agreement, you agree to reimburse all costs and law or statute. We will not be liable unless you źƓķĻƒƓźŅǤ ğƓķ ŷƚƌķ ǒƭ ŷğƩƒƌĻƭƭ ŅƩƚƒ ğƓķ ğŭğźƓƭƷ expenses for collection of the moneys invoiced, have notified us within 30 days of the date of such ķĻƒğƓķƭͲ ķğƒğŭĻƭͲ ğƓķ ĻǣƦĻƓƭĻƭ ƚŅ ƚƷŷĻƩƭ Ʒƚ ƷŷĻ including but not limited to attorney fees and staff breach and unless you have given us an ĭƚƒƦğƩğƷźǝĻ ĻǣƷĻƓƷ ƷŷĻǤ ğƩĻ ĭğǒƭĻķ ĬǤ ǤƚǒƩ time. opportunity to investigate and to recommend ƓĻŭƌźŭĻƓƷ ğĭƷƭ ƚƩ ƚƒźƭƭźƚƓƭ ƚƩ ƷŷƚƭĻ ƓĻŭƌźŭĻƓƷ ğĭƷƭ ways of mitigating damages. You agree not to ƚƩ ƚƒźƭƭźƚƓƭ ƚŅ ƦĻƩƭƚƓƭ ŅƚƩ Ǟŷƚƒ Ǥƚǒ ğƩĻ ƌĻŭğƌƌǤ 5.6 You agree to compensate us in accordance make a claim against us unless you have provided ƩĻƭƦƚƓƭźĬƌĻ. with our Schedule of Charges if we are asked or us at least 30 days prior to the institution of any required to respond to legal process arising out of legal proceeding against us with a written 7.2 To the extent it may be necessary to a proceeding related to the project and as to certificate executed by an appropriately licensed indemnify either of us under Section 7.1, you and which we are not a party. professional specifying and certifying each and we expressly waive, in favor of the other only, any every act or omission that you contend constitutes immunity or exemption from liability that exists 5.7 If we are delayed by factors beyond our a violation of the standard of care governing our under any worker compensation law. control, or if project conditions or the scope or professional services. Should you fail to meet the amount of work changes, or if changed labor conditions above, you agree to fully release us Section 8: Miscellaneous Provisions conditions result in increased costs, decreased from any liability for such allegation. 8.1 We will provide a certificate of insurance to efficiency, or delays, or if the standards or you upon request. Any claim as an Additional methods change, we will give you timely notice, 6.4 For you to obtain the benefit of a fee which Insured shall be limited to losses caused by our the schedule will be extended for each day of includes a reasonable allowance for risks, you negligence. delay, and we will be compensated for costs and agree that our aggregate liability for all claims expenses incurred in accordance with our will not exceed the fee paid for Services or Schedule of Charges. 8.2 You and we, for ourselves and our insurers, $50,000, whichever is greater. If you are waive all claims and rights of subrogation for unwilling to accept this allocation of risk, we will losses arising out of causes of loss covered by our 5.8 If you fail to pay us in accordance with this increase our aggregate liability to $100,000 respective insurance policies. Agreement, we may consider the default a total provided that, within 10 days of the date of this breach of this Agreement and, at our option, Agreement, you provide payment in an amount terminate our duties without liability to you or to 8.3 Neither of us will assign or transfer any that will increase our fees by 10%, but not less others, and you will compensate us for fees interest, any claim, any cause of action, or any than $500, to compensate us for the greater risk earned and expenses incurred up to the time of right against the other. Neither of us will assign or undertaken. This increased fee is not the purchase termination. otherwise transfer or encumber any proceeds or of insurance. expected proceeds or compensation from the project or project claims to any third person, 5.9 In consideration of our providing insurance 6.5 You agree to indemnify us from all liability whether directly or as collateral or otherwise. to cover claims made by you, you hereby waive to others in excess of the risk allocation stated any right to offset fees otherwise due us. herein and to insure this obligation. In addition, 8.4 This Agreement may be terminated early all indemnities and limitations of liability set only in writing. You will compensate us for fees Section 6: Disputes, Damage, and Risk Allocation forth in this Agreement apply however the same earned for performance completed and expenses 6.1 Each of us will exercise good faith efforts to may arise, whether in contract, tort, statute, incurred up to the time of termination. resolve disputes without litigation. Such efforts equity or other theory of law, including, but not will include, but not be limited to, a meeting(s) limited to, the breach of any legal duty or the 8.5 If any provision of this Agreement is held fault, negligence, or strict liability of either party. empowered to resolve the dispute. Before either invalid or unenforceable, then such provision will of us commences an action against the other, be modified to reflect the parties' intention. All 6.6 This Agreement shall be governed, disputes (except collections) will be submitted to remaining provisions of this Agreement shall construed, and enforced in accordance with the mediation. remain in full force and effect. laws of the state in which our servicing office is located, without regard to its conflict of laws rules. 6.2 Notwithstanding anything to the contrary in 8.6 No waiver of any right or privilege of either The laws of the state of our servicing office will this Agreement, neither party hereto shall be party will occur upon such party's failure to insist govern all disputes, and all claims shall be heard in responsible or held liable to the other for on performance of any term, condition, or the state or federal courts for that state. Each of punitive, indirect, incidental, or consequential instruction, or failure to exercise any right or us waives trial by jury. damages, or liability for loss of use, loss of privilege or its waiver of any breach. GC-CMT Revised 1/1/2018 Page 2 of 2 September 21, 2022 HGTS Proposal 22-0834 Mark Statz City Administrator/City Engineer City of Centerville 1880 Main Street Centerville, MN 55038 Re: Proposal for Construction Materials Testing,2022 Thin Overlay & Parking Lot, Centerville, Minnesota. Dear Mr. Statz; We are pleased to present this cost estimate for construction materials testing services during the constructionofthe 2022 Thin Overlay and City Hall Parking Lot Improvements in Centerville, MN. Project The City of Centervilleis requesting a proposal for construction materials testing during the constructionof the2022 Thin Overlay and City Hall Parking Lot Improvements in Centerville, MN. It is our understanding the project will consist ofa mill and overlay and parking lot improvements, including new curb and gutter in theCity Hall Parking Lot. To aid in preparing this proposal were provided with a set of plansprepared titled “2022 Thin Overlay/City Hall Parking Lot Improvements” prepared by Stantecand dated July 22, 2022.Our fees were based on the estimated quantities provided in the email titledRequest for Proposal dated September 16, 2022. Scope of Services Qualified technicians will perform the proposed field tests under the direction of a licensed professional engineer. Our services will be performed on an as-needed basis as scheduled by you or your authorized representative. Based on a review of available information and discussions with you, our services will be limited to the following tasks. Collect soil samples for laboratorygradations. Sample and test the fresh concrete for slump, temperature and air content. Prepare concrete cylinders and provide compressive strength test results. Provide laboratory bituminous testing, including asphalt content, gradation, and air voids. Perform bituminous roll patterns. Provide management services including review of field reports and communication with project team members. Cost We will provide the above-mentionedservices for an estimated fee of $7,020.The project estimate, attached, provides a summary of the estimated hourly and unit rates associated with our scope of services. Since orservices are directly controlled by the schedule of others, the actual cost of our services may vary from this estimate. The cost of our services will be based on the actual hours and/or units tested for the project. Our services willbe provided over several invoicing periods. We will submit partial progress invoices as the project proceeds. Our invoices will be payable upon receipt in accordance with our attached General Conditions. General Thank you for the opportunity to provide this costestimate to you. If it is acceptable,please sign and return one copy to us and retain one copy for your records. We are also including a copy of our General Conditions which provide additional terms and are part of this agreement. If you have any questions regarding this proposal,please contact Lucas Mol (lmol@haugogts.com) at 612-297-4108. Sincerely, Haugo Geotechnical Services Lucas Mol Project Manager Attachments: Project Estimate General Conditions Authorization to Proceed By: ___________________________________ Date: _________________________________ HAUGO GEOTECHNICAL SERVICESHGTS Project #22-0834 2825 CEDAR AVE S, MINNEAPOLIS, MN 55407Client:City of Centerville WEBSITE: www.haugogts.comProject:2022 Thin Overlay/Parking Lot Location:Centerville, MN Table 1 Summary of Estimated Costs TRIPSHOURS PER TRIPQTYUNITSPRICE($)SUM($) CODESSOIL OBSERVATIONS 203C/DEXCAVATING/FOOTING/PADS HOUR86 225HELICAL OBSERVATION HOUR86 209PROOFROLL-SUBBASE HOUR86 COMPACTION TESTING 201BUILDING PAD CORRECTION HOUR76 201CWALL BACKFILL HOUR76 201BSITE UTILITIES BACKFILL HOUR76 201APLUMBING BACKFILL HOUR76 201ASUBGRADE HOUR76 201ASUBBASE HOUR76 CONCRETE TESTING 101CBUILDING FOOTINGS/PADS HOUR76 101EWALLS HOUR76 101DINTERIOR SLABS HOUR76 101A/BCURB & GUTTER339HOUR76684 101A/BSIDEWALK13 3HOUR76228 SPECIAL INSPECTIONS 161FOOTINGS/PADS REINFORCEMENT HOUR86 161WALL REINFORCEMENT HOUR86 161PIER REINFORCEMENT HOUR86 151MASONRY INSPECTIONS HOUR86 151GROUTING INSPECTIONS HOUR86 162/163BOLTING/WELDING INSPECTIONS HOUR120 164FIRE PROOFING INSPECTIONS HOUR120 COMPRESSIVE STRENGTH TESTING 102STRUCTURAL CONCRETE CYLINDERS TEST20 102CONCRETE CYLINDERS20TEST20400 157MASONRY GROUT TEST30 156MASONRY BLOCK PRISMSTEST165 159MASONRY NET AREA TEST130 107GYPSUM CONCRETE CUBESTEST20 105SAMPLE PICK-UP 6TEST76456 SIEVE ANALYSIS / PROCTORS 401/402STANDARD/MODIFIED PROCTOR TEST140 403SIEVE ANALYSIS 2TEST140280 TOPSOIL 1TEST350350 BITUMINOUS 303EXTRACTION / GRADATION / AIR VOIDS 6TEST4252550 304CORE THICKNESS / DENSITYTEST25 ROLL PATTERN43 12HOUR76912 PROJECT DETAILS 110TRIP CHARGE 14TRIPS40560 612PROJECT ENGINEERHOUR120 602PROJECT MANAGER 5HOUR120600 609PROJECT ASSISTANTHOUR56 TOTAL$ 7,020.00 Our services are directly controlled by the schedule of others, the actual cost of our services may vary from our estimate. Invoices for our services will be based on the actual numbers of hours spent on the project and the tests performed. It is difficult to predict all of the services and the quantity of services that may be required. If services are required that are not shown above, we will we will provide them in accordance with our standard fee schedule. Section 1: Our Responsibilities Section 2: Your Responsibilities Section 3: Reports and Records ( ´¦® '¤®4¤¢§¨¢ « 3¤±µ¨¢¤²Ǿ ,,# Section 4: Compensation Section 5: Disputes, Damage and Risk Allocation ( ´¦® '¤®4¤¢§¨¢ « 3¤±µ¨¢¤²Ǿ ,,# Section 6: General Indemnification Section 7: Miscellaneous Provisions ( ´¦® '¤®4¤¢§¨¢ « 3¤±µ¨¢¤²Ǿ ,,# CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: September 28, 2022 Public Safety VII.9 TITLE OF ISSUE: CLPD 2023 Budget BACKGROUND AND SUPPLEMENTAL INFORMATION: Annually, the Centennial Lakes Police Governing Board sets the budget for the department's upcoming year. The joint powers agreement, governing the organization also requires that each city, individually, approve the department's proposed budget. The attached budget is what has been approved by the CLPD Governing Board and the Centerville share of that budget is in line with what we have been discussing as part of our ongoing City General Fund Budget process. COST AND SOURCE(S) OF FUNDING: $956,613 - 2023 General Fund Budget REQUESTED COUNCIL ACTION: Motion to approve the proposed 2023 CLPD budget. For Clerk’s Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ Vote Record: Aye Nay _____ _____ Budget 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 28, 2022 Public Safety VII.10 TITLE OF ISSUE: CFD 2023 Budget BACKGROUND AND SUPPLEMENTAL INFORMATION: Annually, the Centennial Lakes Fire Steering Committee sets the budget for the department's upcoming year. The joint powers agreement, governing the organization also requires that each city, individually, approve the department's proposed budget. The attached budget is what has been approved by the CFD Steering Committee and the Centerville share of that budget is in line with what we have been discussing as part of our ongoing City General Fund Budget process. COST AND SOURCE(S) OF FUNDING: $321,489 - 2023 General Fund Budget REQUESTED COUNCIL ACTION: Motion to approve the proposed 2023 CFD budget. For Clerk’s Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ Vote Record: Aye Nay _____ _____ Budget 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: September28,2022 Administration VIII.1 TITLE OF ISSUE: Adopt2023PreliminaryBudgetforTruthinTaxation BACKGROUND AND SUPPLEMENTAL INFORMATION: Staffisbringingforwardaresolutiontoadoptthepreliminarybudgetandpropertytaxlevywithanincreaseof $103,419,a3.7%increaseoverthelevyforthe2022budget.Alsoincludedintheresolutionarecanceling certaindebtleviesbecausewehavesufficientfundsavailableandsettingthedatefortheTruthinTaxation hearingattheregularmeetingofDecember142022at6:30PM. 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: ____________________________________ X Vote Record: Aye Nay Other (specify) ____________ ____ _____ _____ _ _____ Memo,BudgetSpreadsheet,AnokaCountydocuments _______________________________________________________________ _____ _____ _____ ____________________________________________________________________ Administration Department Use: Refer to: _________________________________ Consent Tabled Until: ______________________________ Regular Other: ___________________________________ PROPOSED LEVY CERTIFICATIONTAXES PAYABLE 20 County of Anoka Centerville Taxing Jurisdiction ______________________ Levy ItemProposed Levy Amount * (A)(B) General Revenue: AdValoremTaxes2,608,872.00 Total General Levies: Bonded Indebtedness: 33-CapitalNotes0.00 34-2016ARefunding234,168.00 35-2021ARefunding76,840.00 Total Debt Levy: Other Specific Levies: Watershed Total Other Levies: A.Total Tax Capacity Based Levies: 2,919,880.00 B.Total Market Value Referendum Based Levies C.TOTAL TAX CAPACITY & MARKET BASED LEVIES (A+B) *The levy amount by line item should already be reduced by any aids.Do not reduce levy amounts by the Fiscal Disparities Distribution levy.Attach a copy of the resolution adopting your proposed budget. X ARE THESE AMOUNTS ALSO YOURFINALPAYABLE 20TAX LEVY?Yes_____ No_____ I hereby certify that the foregoing are the amounts to be levied by the Anoka CountyDivision of Property Recordsand Taxation for the named taxing jurisdiction. 29thSeptember Given under myhand this________ day of ____________________, 20. FinanceDirector I:\\proptax\\Acctg\\TNT & Final Levy\\TNT\\PRLVCERT.DOC PROPOSEDPROPERTYTAXNOTICE INFORMATIONTAXES PAYABLE 20 COUNTY OFANOKA Centerville Taxing Jurisdiction:_______________________________________________ The “Proposed Property Tax Notice” sent to each taxpayer contains the following information regarding where to send comments and/or reviewa copy of the proposed budget.Please provide the information as it should appearon the notice. Budget and Tax Hearings: Location and Date Date: December14,2022 Time: 6:30pm CentervilleCityHall 1880MainSt Centerville,MN55038 Mailing Address and Telephone Number: Name or Title BruceDeJong,FinanceDirector Address 1880MainSt Centerville,MN55038 Phone Number: 651-792-7932 Signature of personcompleting this form:______________________________________ FinanceDirector Title:______________________________________ 651-792-7932 Phone Number:______________________________________ THIS FORM MUST BE RETURNED TO ANOKA COUNTY PROPERTYRECORDS AND TAXATIONBY I:\\proptax\\Acctg\\TNT & Final Levy\\TNT\\HEARING INFORMATION.DOC CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: September 28, 2022 Administration TITLE OF ISSUE: BACKGROUND AND SUPPLEMENTAL INFORMATION: CivicPlus has completed the website redesigndraft of the mobile app has Staff is requesting feedback on the mobile app (design & functionality). COST AND SOURCE(S) OF FUNDING: No cost. REQUESTED COUNCIL ACTION: Discussion only For Clerk’s 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: ___________________________________ Website&MobileAppDesign CITY COUNCILSEPTEMBER28,2022 https://mn-centerville.civicplus.com/ Centerville Mobile App Draft Burnsville, MNSun Prairie, WIWest Fargo, NDHudson, WI MobileAppExamples in Mid-West Launch website October 4Promotewebsitere-designContinuewithApp designLaunch and Promote App Next Steps Questions? CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: September 28, 2022 Engineering IX.1 TITLE OF ISSUE: Change Order #1 - 2022 Thin Overlay Program and City Hall Parking Lot Improvements BACKGROUND AND SUPPLEMENTAL INFORMATION: This change order adds 3 items to the contract with Bituminous Roadways: 1. A small sidewalk connecting the front doors of City Hall and the Fire Station 2. Installation of the gravel base for the concrete walk between Old Mill Ct. and Laramee Lane. Concrete would be poured next year. 3. Turn Lane markings on Centerville Road, north of Main Street. These have been requested by the school. Staff is recommending these improvements to take advantage of having a contractor in town. Hiring each of these out, individually, would be very difficult with the current labor shortage. A breakdown of costs is presented in the attached. COST AND SOURCE(S) OF FUNDING: City Hall sidewalk - General Fund; Turn Lane Markings - Street Fund; Old Mill Ct. Trail - Developer funds REQUESTED COUNCIL ACTION: Motion to approve Change Order #1 for the 2022 Thin Overlay Program and City Hall Parking Lot Improvements. For Clerk’s Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ Vote Record: Aye Nay _____ _____ Change Order, maps of improvements Other (specify) ____________ _____ _____ _____ _____ _______________________________________________________________ _____ _____Ki _____ ____________________________________________________________________ Administration Department Use: Refer to: _________________________________ Consent Tabled Until: ______________________________ Regular Other: ___________________________________ Owner: City of Centerville, 1880 Main Street, Centerville, MN 55038DateSept. 22, 2022 Contractor: Bituminous Roadways, Inc. 1520 Commerce Drive, Mendota Heights, MN 55120 Bond Co: United Fire & Casualty Co., 118 Second Ave SE, Bond No: 54-247144 Cedar Rapids, IA 52407 CHANGE ORDER NO. 1 2022 THIN BITUMINOUS OVERLAY/CITY HALL PARKING LOT IMPROVEMENTS STANTEC PROJECT NO. 193805625 Description of Work This Change Order provides for the following: Part A: Construction of concrete walk between the City Hall main entrance and Fire Station door Part B: Excavation and construction of gravel base for proposed trail between Old Mill Court and Laramee Lane Part C: Installation of turn lane arrows on Centerville Road north of Main Street (CSAH 14) ContractUnitTotal No.ItemUnitQuantityPriceAmount CHANGE ORDER NO. 1 PART A: CONCRETE WALK TO FIRE STATION 1COMMON EXCAVATIONCY8$27.00$216.00 2AGGREGATE BASE, CLASS 5TN10$28.00$280.00 34" CONCRETE WALKSF216$12.00$2,592.00 4RESTORATION WITH SEED AND HYDROMULCHSY50$5.00$250.00 TOTAL PART A: CONCRETE WALK TO FIRE STATION $3,338.00 PART B: GRAVEL BASE FOR FUTURE TRAIL 5COMMON EXCAVATIONCY105$27.00$2,835.00 6GEOTEXTILE FABRIC, MNDOT TYPE 5SY315$3.50$1,102.50 7AGGREGATE BASE, CLASS 5TN115$28.00$3,220.00 8RESTORATION WITH SEED AND HYDROMULCHSY780$5.00$3,900.00 TOTAL PART B: GRAVEL BASE FOR FUTURE TRAIL $11,057.50 PART C: TURN LANE MARKINGS 9LEFT TURN ARROW, WHITE EPOXYEA1$135.00$135.00 10THRU/RIGHT TURN ARROW, WHITE EPOXYEA1$204.00$204.00 TOTAL PART C: TURN LANE MARKINGS $339.00 CHANGE ORDER NO. 1 SUMMARY PART A: CONCRETE WALK TO FIRE STATION$3,338.00 PART B: GRAVEL BASE FOR FUTURE TRAIL$11,057.50 PART C: TURN LANE MARKING$339.00 TOTAL CHANGE ORDER NO. 1 $14,734.50 193805625CHO1.xlsm Qbwfnfounbsljohtup cfxijuffqpyzboe dpogpsnupNONVUDE Dibqufs4/ Uisv0SjhiuBsspx)2* MUMBsspx)2* CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: September 28, 2022 Engineering/Public Works IX.2 TITLE OF ISSUE: Ordinance Revisions - Storm Water BACKGROUND AND SUPPLEMENTAL INFORMATION: The attached revisions to the city's Storm Water Ordinances were reviewed and recommended for approval by the Planning & Zoning Commission at their September 13, 2022 meeting. The noted changes are a combination of items noted during our recent MS4 audit as well as items mandated by our new MS4 permit, issued last fall (the new permit allows 12 months after issuance to come into compliance on these issues). The changes are based on suggested ordinance language published by the Minnesota Pollution Control Agency (MPCA) and will bring us into compliance with our MS4 permit. The changes acknowledge the difficulty of installing infiltration Best Management Practices (BMPs) in clay (Type D) soils or in areas identified by a Wellhead Protection Plan. The deadline to have these ordinances in place is October 8, 2022, therefore we wish to waive the 2nd reading. COST AND SOURCE(S) OF FUNDING: Minor publication costs. REQUESTED COUNCIL ACTION: Motion to approve the changes to Chapter 157 of city code as presented, waive the 2nd reading and authorize summary publication. For Clerk’s 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: ___________________________________ CHAPTER157:STORMWATER MANAGEMENTEROSIONCONTROL Section General 157.01Intent 157.02Statutory authorization 157.03Findings 157.04Purpose 157.05Scope and effect 157.06Definitions Stormwater Pollution Prevention Plan 157.15Submittal procedures 157.16Review process 157.17Minimum construction site best management practices 157.18Completion of work 157.19Enforcement procedures Post-Construction Stormwater Management 157.20Stormwater Management Plan 157.21Design Standards 157.22Drainage 157.23Calculations 157.24Volume Control and Pollutant Management 157.25Impaired Waters and Total Maximum Daily Loads 157.26Industrial Sites 157.27Wetlands 157.28Maintenance of Stormwater BMP’s 157.29through 157.31 reserved for future use 157.32Alterations to and Use of Public and Private Stormwater Ponds 157.33Appropriates from Stormwater Ponds 157.34Reserved for future use 157.35Rain Gardens in Road Right of Way 157.36through 157.98 reserved for future use 157.99 Penalty 401|Page GENERAL § 157.01 INTENT. Intent of this chapter is to promote the health, safety and general welfare of the citizens of the city by requiring stormwater management practices for construction activity. Ord. #79, adopted 03/09/2005 § 157.02 STATUTORY AUTHORIZATION. This chapter is adopted pursuant to M.S. §§ 462.351, as amended, for cities and towns and 394.21, as amended, for counties having a population of less than 300,000 according to the 1950 federal census (1990). Ord. #79, adopted 03/09/2005 402|Page § 157.03 FINDINGS. The city hereby finds that uncontrolled land-disturbing activity at construction sites is subject to soil erosion and other pollutants which enter into receiving water bodies, adversely affecting the public health, safety and general welfare by impacting water quality. Ord. #79, adopted 03/09/2005 § 157.04 PURPOSE. The purpose of this chapter is to promote, preserve and enhance the natural resources within the city and protect them from adverse effects occasioned by poorly sited development or incompatible activities by regulating land-disturbing activities that would have an adverse and potentially irreversible impact on water quality and environmentally sensitive land; by minimizing conflicts and encouraging proper installation and maintenance of best management practices (BMPs) for land-disturbing activities; and by requiring detailed review standards and procedures for land-disturbing activities proposed for those areas, thereby achieving a balance between development, redevelopment and protection of water quality and natural areas. Ord. #79, adopted 03/09/2005 § 157.05 SCOPE AND EFFECT. (A)Applicability. (1)Every applicant of a building permit for a new building or addition, subdivision approval, or a permit to allow land-disturbing activities greater than or equal to one acre, must submit a stormwater pollution prevention plan to the City Administrator. No building permit, subdivision approval or permit to allow land-disturbing activities shall be issued until approval of the stormwater pollution prevention plan or a waiver of the approval requirement has been obtained in strict conformance with the provisions of this chapter. (2)The provisions of division (B) of this section apply to all land, public or private. (B)Exemptions. The provisions of this chapter do not apply to: (1)Installation of fence, sign, telephone and electric poles and other kinds of posts or poles; (2)Emergency work to protect life, limb or property; or (3)Tilling, planting or harvesting of agricultural, horticultural or silvicultural (forestry) crops. Ord. #79, adopted 03/09/2005 403|Page § 157.06 DEFINITIONS. (A)When inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. The word “shall” is always mandatory and not merely directive. (B)For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. APPLICANT.Any person who wishes to obtain a building permit, subdivision approval, or to fill, excavate or mine more than ten yards of granular material within the city. BEST MANAGEMENT PRACTICE (BMP). Erosion and sediment control and water quality management practices that are the most effective and practicable means of controlling, preventing and minimizing the degradation of surface water, including construction-phasing, minimizing the length of time soil areas are exposed, prohibitions and other management practices published by state or designated area-wide planning agencies. DETENTION FACILITY. A permanent natural or manmade structure, including wetlands, for the temporary storage of runoff which contains a permanent pool of water. DISCHARGE. The release, conveyance, channeling, runoff or drainage of stormwater, including snowmelt, from a construction site. EXPOSED SOIL AREAS. All areas of the construction site where the vegetation (trees, shrubs, brush, grasses and the like) or impervious surface has been removed, thus rendering the soil more prone to erosion. This includes topsoil stockpile areas, borrow areas and disposal areas within the construction site. It does not include stockpiles or surcharge areas of gravel, concrete or bituminous. Once soil is exposed it is considered exposed soil, until it meets the definition of final stabilization. FINAL STABILIZATION.Means that all soil-disturbing activities at the site have been completed, and that a uniform perennial vegetative cover with a density of 75 percent of the cover for unpaved areas and areas not covered by permanent structures has been established, or equivalent permanent stabilization measures have been employed. Simply sowing grass is not considered FINAL STABILIZATION. LAND-DISTURBING OR DEVELOPMENT ACTIVITIES. Any change of the land surface including removing vegetative cover, excavating, filling, grading and the construction of any structure. PERSON. Any individual, firm, corporation, partnership, franchise, association or governmental entity. PUBLIC WATERS. Waters of the state as defined in M.S. § 103G.005, Subd. 15, as it may be amended from time to time. 404|Page RETENTION FACILITY. A permanent natural or manmade structure that provides for the storage of stormwater runoff by means of a permanent pool of water. SEDIMENT. Solid matter carried by water, sewage or other liquids. STORMWATER POLLUTION PREVENTION PLAN (SWPPP). A joint stormwater and erosion and sediment control plan that is a document containing the requirements of this chapter, that when implemented will decrease soil erosion on a parcel of land and off-site nonpoint pollution. STRUCTURE.Anything manufactured, constructed or erected which is normally attached to or positioned on land, including portable structures, earthen structures, roads, parking lots, paved storage areas, fences and retaining walls. WATERS OF THE STATE. As defined in M.S. § 115.01, Subdivision 22, as may be amended from time to time, the term means all streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through or border upon the state or any portion thereof. WETLANDS.Lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water. For purposes of this definition, WETLANDS must have the following three attributes: (1)Have a predominance of hydric soils; (2)Are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions; and (3)Under normal circumstances support a prevalence of this vegetation. Ord. #79, adopted 03/09/2005 STORMWATER POLLUTION PREVENTION PLAN § 157.15 SUBMITTAL PROCEDURES. (A)Application.An application for the proposed stormwater pollution prevention plan, shall be filed with two sets of drawings and required information shall be submitted to the City Administrator or designee. Drawings shall be prepared to a scale appropriate to the site of the project and suitable for the review to be performed. At a minimum, the scale shall be one inch equals 100 feet. (B)Financial security and fees. All applications shall be accompanied by a letter of credit, or cash equal to the required escrow amount and a separate check for administrative fees will be required upon issuance 405|Page of the permit. All escrow and fee amounts are determined annually by Council through the city’s fee schedule. (C)Contents.At a minimum, the stormwater pollution prevention plan shall contain the following information: (1)Existing site map. A map of existing site conditions showing the site and immediately adjacent areas, including: (a)The name and address of the applicant, the section, township and range, north point, date and scale of drawing and number of sheets; (b)Existing topography with a contour interval appropriate to the topography of the land but in no case having a contour interval greater than two feet; (c)A delineation of all streams, rivers, public waters and wetlands located on and immediately adjacent to the site, including depth of water, a description of all vegetation which may be found in the water, a statement of general water quality and any classification given to the water body or wetland by the Minnesota Department of Natural Resources, the Minnesota Pollution Control Agency, and/or the United States Army Corps of Engineers; (d)Location and dimensions of existing stormwater drainage systems and natural drainage patterns on and immediately adjacent to the site delineating in which direction and at what rate stormwater is conveyed from the site, identifying the receiving stream, river, public water or wetland, and setting forth those areas of the unaltered site where stormwater collects; (e)For subdivisions a description of the soils of the site, including a map indicating soil types of areas to be disturbed as well as a soil report containing information on the suitability of the soils for the type of development proposed and for the type of sewage disposal proposed, and describing any remedial steps to be taken by the applicant to render the soils suitable; (f)Vegetative cover and clearly delineating any vegetation proposed for removal; and (g)One-hundred-year floodplain, flood fringes and floodways. (2)Site construction plan. A site construction plan including; (a)Boundary lines of all proposed land-disturbing activities; (b)Locations and dimensions of all temporary soil or dirt stockpiles; (c)Proposed construction site erosion control measures to meet the minimum BMP requirements listed in § 155.17 of this chapter; and 406|Page (d)Anticipated starting and completion date of each land-disturbing activity including the installation of construction site erosion control measures needed to meet the requirements of this chapter. (3)Plan of final site conditions. A plan of final site conditions on the same scale as the existing site map showing the site changes including: (a)Finished grading contours at the same interval as provided above or as required to clearly indicate the relationship of changes from existing topography and remaining features with additional submission of an as-built; (b)A drainage plan of the developed site delineating in which direction and at what rate stormwater will be conveyed from the site and setting forth the areas of the site where stormwater will be allowed to collect; (c)The proposed size, alignments and intended use of any structures to be erected on the site; and (d)A clear delineation and tabulation of all areas which shall be paved or surfaced, including a description of the surfacing material to be used. (4)Copy of MPCA permit number for discharging stormwater from construction activity (MN R100001); and (5)Copy of Rice Creek Watershed permit and submittal information. Ord. #79, adopted 03/09/2005 § 157.16 REVIEW PROCESS. (A)Process.Stormwater pollution prevention plans meeting the requirements of § 155.15 and minimum BMP requirements of § 155.17 will be reviewed by the City Administrator or designee who may approve, approve with conditions, or deny the stormwater pollution prevention plan. If the stormwater pollution prevention plan is part of a large subdivision, the city may require the SWPPP be reviewed by the City Engineer. Following Planning and Zoning Commission action, the stormwater pollution prevention plan shall be submitted to the City Council. City Council action on the stormwater pollution prevention plan must be accomplished within 120 days following the date the application for approval is filed with the city. (B)Duration.Approval of a plan submitted under the provisions of this chapter shall expire one year after the date of approval unless construction has commenced in accordance with the plan. However, if prior to the expiration of the approval, the applicant makes a written request to the city for an extension of time to commence construction, setting forth the reason for the requested extension, the city may grant 407|Page one extension of not greater than one single year. The city shall make a decision on the extension within 30 days of receipt. Any plan may be revised in the same manner as originally approved. (C)Conditions.A stormwater pollution prevention plan may be approved subject to compliance with conditions reasonable and necessary to ensure that the requirements contained in this chapter are met. The conditions may limit the size, kind or character of the proposed development, require replacement of vegetation, establish required monitoring procedures, stage the work over time or require alteration of the site design to ensure buffering. (D)The adequacy, conditions and acceptability of any financial security shall be determined by the City Council. Ord. #79, adopted 03/09/2005 § 157.17 MINIMUM CONSTRUCTION SITE BEST MANAGEMENT PRACTICES. The City hereby adopts and incorporates by reference the erosion, sediment, and waste control standards established by the Minnesota Pollution Control Agency’s NPDES/SDS Construction Stormwater General Permit MNR100001 (CSW Permit) as now constituted and from time to time amended. (A)Standards.No stormwater pollution prevention plan which fails to meet the standards contained in this section shall be approved by the City Council or designated representative. (B)Site dewatering. Water pumped from the site shall be treated by temporary sedimentation basins, grit chambers, sand filters, upflow chambers, hydrocyclones, swirl concentrators or other appropriate controls as appropriate. Water may not be discharged in a manner that causes erosion, scour, or flooding of the site, receiving channels or a wetland. (C)Construction site waste. (1)Solid waste. Collected sediment, asphalt and concrete millings, floating debris, paper, plastic, fabric, construction and demolition debris and other wastes must be disposed of properly and must comply with MPCA disposal requirements. (2)Hazardous materials. Oil, gasoline, paint and any hazardous substances must be properly stored, including secondary containment, to prevent spill, leaks or other discharge. Restricted access to storage areas must be provided to prevent vandalism. Storage and disposal of hazardous waste must be in compliance with MPCA regulations. (3)Liquid waste. All other nonstormwater discharges (concrete truck washout, vehicle washing, maintenance spills and the like) conducted during the construction activity shall not be discharged to the municipal storm sewer, wetlands, natural drainageways or waters of the state. (D)Tracking.Vehicle tracking of sediment onto paved surfaces must be removed by street sweeping weekly or as required by the city to prevent discharge of sediment-laden water from entering the city 408|Page storm sewer system. (E)Drain inlet protection. All storm drain inlets shall be protected during construction until final establishment has been accomplished or until approval from the city. 409|Page (F)Site erosion control. The following criteria (F)(1) through (4) apply only to construction activities that result in stormwater leaving the site. (1)Channelized runoff from adjacent areas passing through the site shall be diverted around disturbed areas, if practical. Otherwise, the channel shall be protected as described below. Sheetflow runoff from adjacent areas greater than 10,000 square feet in area shall also be diverted around disturbed areas, unless shown to have resulted runoff rates of less than 0.5 feet/second across the disturbed area for the 1-year storage. Diverted runoff shall be conveyed in a manner that will not cause erosion, scour or flooding of the conveyance at receiving channels. (2)All activities on the site shall be conducted in a logical sequence to minimize the area of bare soil exposed at any one time. (3)Runoff from the entire disturbed area on the site shall be controlled by meeting either divisions (a) and (b) or (a) and (c). (a)All exposed soil areas with a continuous positive slope within 200 lineal feet of a surface water must have temporary erosion protection or permanent cover for the exposed soil areas year-round, according to the following table of slopes and time frames: Type of Slope Time Steeper than 3:1 7 days 10:1 to 3:1 14 days Flatter than 10:1 21 days (b)For sites with more than ten acres disturbed at one time, or if a channel originates in the disturbed area, one or more temporary or permanent sedimentation basins shall be constructed. Each sedimentation basin shall have a surface area of at least one percent of the area draining to the basin and at least three feet of depth and constructed in accordance with accepted design specifications. Sediment shall be removed to maintain a depth of three feet. The basin discharge rate shall also be sufficiently low as to not cause erosion, scour or flooding along the discharge channel or the receiving water. (c)For sites with less than ten acres disturbed at one time, silt fences or equivalent control measures shall be placed along all side slopes and downslope sides of the site. If a channel or area of concentrated runoff passes through the site, silt fences shall be placed along the channel edges to reduce sediment reaching the channel. The use of silt fences or equivalent control measures must include a maintenance and inspection schedule. (4)Any soil or dirt storage piles containing more than ten cubic yards of material should not be located with a downslide drainage length of less than 25 feet from the toe of the pile to a roadway or drainage channel. If remaining for more than seven days, they shall be stabilized by mulching vegetative cover, tarps or other means. Erosion from piles which will be in existence for less than seven days shall be controlled by placing straw bales or silt fence barriers around 410|Page the pile. In-street utility repair or construction soil or dirt storage piles located closer than 25 feet of a roadway or drainage channel must be covered with tarps or suitable alternative control; if exposed for more than seven days, the storm drain inlets must be protected with an appropriate filtering barrier. (G)Inspection and maintenance. All stormwater management BMPs shall be inspected weekly or after every 1/2-inch rain event by the applicant. If sediment has reached 1/3 the capacity of the sediment control practice, appropriate maintenance or replacement of the BMP must be completed to ensure maximum effectiveness. Ord. #79, adopted 03/09/2005 § 157.18 COMPLETION OF WORK. Work will be considered complete when all exposed soil areas have undergone final stabilization, as defined in § 155.06; is constructed to finish grade, and is in conformance with all permit conditions of approval to the satisfaction of the city. The applicant or representative shall notify the city when the land-disturbing operations are ready for final inspection. Final approval shall not be given until all work, including installation of all drainage facilities and their protective devices, and all erosion control measures, have been completed and final stabilization has occurred in accordance with this chapter. Ord. #79, adopted 03/09/2005 § 157.19 ENFORCEMENT PROCEDURES. (A)Right of entry. The applicant shall promptly allow the city and its authorized representatives, upon presentation of credentials, to: (1)Enter upon the permitted site for the purpose of obtaining information, examination of records, conducting investigations, inspections or surveys; (2)Bring any equipment upon the permitted site as is necessary to conduct the surveys and investigations; (3)Examine and copy any books, papers, records or memoranda pertaining to activities or records required to be kept under the terms and conditions of this permitted site; (4)Inspect the stormwater pollution control measures; (5)Sample and monitor any items or activities pertaining to stormwater pollution control measures; and (6)Any temporary or permanent obstruction to the safe and easy access of an inspection shall be promptly removed upon the inspector’s request. The cost of providing this access shall be borne by the applicant. 411|Page (B)Warning letter. If, upon inspection by the city, the applicant fails to implement the erosion and sediment control practices outlined in the approved stormwater pollution prevention plan, the city will notify the applicant of noncompliance and a timeline for completion of any work to bring the site into compliance. (C)Action against the financial security. If appropriate actions by the applicant have not been completed within seven days after notification by the city, the city may act against the financial security if any of the conditions listed below exist. The city shall use funds from this security to finance any corrective or remedial work undertaken by the city or a contractor under contract to the city and to reimburse the city for all direct cost incurred in the process of remedial work, including but not limited to staff time and attorney’s fees: (1)The applicant ceases land-disturbing activities and/or filling and abandons the work site prior to completion of the city-approved grading plan; (2)The applicant fails to conform to any city-approved grading plan and/or the stormwater pollution control plan as approved by the city, or related supplementary instructions; (3)The techniques utilized under the stormwater pollution control plan fail within one year of installation; (4)The applicant fails to reimburse the city for corrective action taken under § 155.16; or (5)Emergency action under either part (D). (D)Emergency action. If circumstances exist such that noncompliance with this chapter poses an immediate danger to the public health, safety and welfare, as determined by the city, the city may take emergency preventative action. The city shall also take every reasonable action possible to contact and direct the applicant to take any necessary action. Any cost to the city may be recovered from the applicant’s financial security. Penalty, see § 155.99 Ord. #79, adopted 03/09/2005 § 157.99 PENALTY. Any person, firm or corporation violating any provision of this chapter shall be guilty of a misdemeanor and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. Ord. #79, adopted 03/09/2005 412|Page 157.01.Findings. It is hereby determined that: (A)Land development projects and associated increases in impervious cover alter the hydrologic response of local watersheds and increase stormwater runoff rates and volumes, flooding, stream channel erosion, and sediment transport and deposition; and, (B)This stormwater runoff contributes to increased quantities of water-borne pollutants; and, (B)Stormwater runoff, soil erosion and non-point source pollution can be controlled and minimized through the regulation of stormwater runoff from development sites. Therefore, the City establishes this set of water quality and quantity policies applicable to all surface waters to provide reasonable guidance for the regulation of stormwater runoff for the purpose of protecting local water resources from degradation. It is determined that the regulation of stormwater runoff discharges from land development projects and other construction activities in order to control and minimize increases in stormwater runoff rates and volumes, soil erosion, stream channel erosion, and non-point source pollution associated with stormwater runoff is in the public interest and will prevent threats to public health and safety. 157.01.Definitions The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Benchis a relatively level step excavated into earth material on which fill is to be placed. Best Management Practices (BMP) are erosion control, sediment control and water quality management practices that are most effective and practicable for means of controlling, preventing and reducing the degradation of surface water as published by state or designated area-wide planning agencies. Buffermeans land that is used to protect adjacent lands and waters from\\development and more intensive land uses. The land is kept in a natural state of trees, shrubs, and low ground cover and understory of plants and functions to filter runoff, control sediment and nutrient movement, and protect fish and wildlife habitat. In areas of agricultural use, the land may be used for less intensive agricultural purposes provided its function as a buffer remains intact. Channelmeans a natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water. Common Plan of Development or Sale is a contiguous area where multiple separate and distinct land disturbing activities may be taking place at different times, or on different schedules, but under one proposed plan. This item is broadly defined to include design, permit application, advertisement or physical demarcation indicating that land-disturbing activities may occur. Detention facility is a temporary or permanent natural or man-made structure that provides for the temporary storage of stormwater runoff. Dischargeis the release, conveyance, channeling, runoff or drainage of stormwater, including snowmelt, from a construction or development site. Filter strip is a vegetated section of land designed to treat runoff as overland sheet flow. It may be designed in any natural vegetated form from a grassy meadow to a small forest. The dense vegetated cover facilitates pollutant removal, reduces erosion and promotes infiltration. Floodplainthe channel or beds proper and the areas adjoining a wetland, lake or 413|Page watercourse that have been or hereafter may be covered by the regional flood. High water level is the expected elevation the water in a stormwater pond will rise to a 100 year rain event as calculated by the pond design. Hydric soils are soils that are saturated, flooded, or ponded long enough during the growing season to develop anaerobic conditions in the upper soil horizon. Hydrologic Soil Group (HSG) means a Natural Resource Conservation Service classification system in which soils are categorized into four runoff potential groups. The groups range from A soils, with high permeability and little runoff production, to D soils, which have low permeability rates and produce much more runoff. Impaired Waters are water bodies that do not meet water quality standards and designated uses because of pollutant(s), pollution, or unknown causes of impairment. Impervious surface is a constructed hard surface that either prevents or retards the entry of water into the soil and causes water to run off the surface in greater quantities and at an increased rate of flow than existed prior to development. Examples include rooftops, sidewalks, patios, driveways, parking lots, storage areas, and concrete, asphalt, or gravel roads. Class 5 gravel surfaces are considered to be impervious surfaces. Land disturbance activity is any land change that may result in soil erosion from water or wind and the movement of sediments into or upon waters or lands within this government’s jurisdiction, including but not limited to construction, clearing and grubbing, grading, excavating, transporting and filling of land. Within the context of this ordinance, land disturbance activity does not mean: (B)minor land disturbance activities including, but not limited to, underground utility repairs, home gardens, home landscaping, minor repairs and maintenance work which do not disturb more than two thousand (2,000) square feet of land or exceed one hundred (100) cubic yards of earthwork provided work does not obstruct or modify a watercourse or storm sewer system and is not located in a floodplain; (B)installation and maintenance of fences, signs, posts, poles, electric, telephone, cable television, utility lines or individual service connections to these utilities; or (B)general farming practices, or (B)emergency work to protect life, limb, or property and emergency repairs, unless the land disturbing activity would have otherwise required an approved erosion and sediment control plan, except for the emergency. If such a plan would have been required, then the disturbed land area shall be shaped and stabilized in accordance with the city’s requirements as soon as possible. Native vegetation is the pre-settlement (already existing in Minnesota at the time of statehood in 1858) group of plant species native to the local region, that were not introduced as a result of European settlement or subsequent human introduction. Normal water level refers to the permanent pool of water retained in a stormwater pond. By design, this is the water level below the invert elevation of the pond outlet with a depth not to exceed eight (8) feet. Ordinary high water level "Ordinary high water level" means the boundary of water basins, watercourses, public waters, and public waters wetlands, and: ( )the ordinary high water level is an elevation delineating the highest water level that has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly the point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial; ( )for watercourses, the ordinary high water level is the elevation of the top of the bank of the channel; and ( )for reservoirs and flowages, the ordinary high water level is the operating elevation of the normal summer pool. Outfallis the point of discharge to any watercourse from a public or private stormwater drainage system. 414|Page Permanent cover means “final stabilization”. Examples include grass, gravel, asphalt and concrete. See also the definition of “final stabilization”. Pretreatment means directing stormwater runoff through a BMP or series of BMPs for the purpose of removing sediment and/or other pollutants prior to discharge into a receiving basin. Projectis a planned undertaking resulting in changes to the condition of a property. Public Waters are waters of the state as defined in Minnesota Statutes, Section 103G.005, Subdivision 15. Retention facility is a temporary or permanent natural or manmade structure that provides for the storage of storm water runoff by means of a permanent pool of water. Runoffis rainfall, snowmelt, dewatering discharge, irrigation or any man-made sources of water flowing over the ground surface. Sedimentis the product of an erosion process; solid material both mineral and organic, which is in suspension, is being transported, or has been moved by water, wind, or ice and has come to rest on the earth's surface either above or below water level. Slopeis the incline of a ground surface expressed as a ratio of horizontal distance to vertical distance. Special Water means a surface water or receiving water that is of a high quality or is deemed worthy to receive extra protection. Stormwater.Under Minnesota Rule 7077.0105, Subpart 41b), storm water, “means precipitation runoff, stormwater runoff, snow melt runoff and any other surface runoff and drainage”. According to the Code of Federal Regulations (CFR), under 40 CFR 122.26 \[b\]\[13\], “Stormwater means storm water runoff, snow melt runoff and surface and drainage”. Stormwater does not include construction site dewatering. Storm sewer system, includes but is not limited to, the combination of roadway gutters, roadway section ditches, culverts, storm sewer piping, overflow channels, infiltration trenches, detention and retention water quality treatment basins and other methods or devices used for capturing, conveying, controlling and treating stormwater and snow melt runoff. Stormwater Pollution Prevention Plan is joint stormwater, erosion prevention and sediment control plan that is a document containing the requirements of Section I. When implemented, the plan will define the methods to be used to reduce soil erosion on a parcel of land and off-site non-point pollution. The plan involves both temporary and permanent controls. Stormwater pond (also referred to as wet sedimentation basin, wet retention basin, or simply wet pond) is a man-made or modified natural basin constructed to capture and retain stormwater runoff for the purpose of removing pollutants and mitigating downstream water quantity impacts. Surface Waters means all streams, ponds, lakes, marshes, wetlands, reservoirs, springs, rivers, drainage systems, waterways, watercourses, and irrigation systems, whether natural or artificial, public or private. Vegetated (Grassy) swale is a vegetated earthen channel that conveys storm water while treating the stormwater by biofiltration. Such swales aid in the removal of pollutants by both filtration and infiltration. Waters of the State as defined in Minnesota Statutes Section 115.01, Subdivision 22, the term, “ . . . waters of the state means all streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the state or any portion thereof”. Commentary: According to Minnesota Rules 7050.0130, Subpart A, disposal systems or treatment works operated under either a Minnesota Pollution Control Agency (MPCA) permit or an agency certificate of compliance are not considered “waters of the state.” Under Minnesota Rules 7050.0130, Subpart F, constructed wetlands designed for wastewater treatment are not “waters of the state.” Also see the definition of “Wetlands”. Watercourseis a ditch, stream, creek, or other defined channel intended for the conveyance of water, runoff, groundwater discharge or similar hydraulic or hydrologic purpose. 415|Page Wetlands. "Wetlands" means lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water. For purposes of this definition, wetlands must have the following three attributes: ( )have a predominance of hydric soils; ( )are inundated or saturated by surface or ground water at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions; and ( )under normal circumstances support a prevalence of such vegetation. (MN Statutes 103.G.005) 157.02. Purpose The City has a strong interest in protecting and managing its valuable water and natural resources, recognizing the relationships between resource protection, land use management, development, redevelopment and fiscal responsibility. Federal and State regulations have placed restrictions and requirements on the management and discharge of stormwater with which the City must comply. The City’s Local Surface Water Management Plan (LSWMP) established goals and policies to meet those regulations. The City provides requirements for stormwater management on development and redevelopment projects to ensure the City’s goals and policies are met and that there is compliance with federal, state, and local rules. The City recognizes in its Surface Water Management Plan that Rice Creek Watershed District (RCWD has primary responsibility for stormwater management permits within the City, and staff is authorized to defer to RCWD in permit review and enforcement. 157.02-157.03 Reserved Post-Construction Stormwater Management 157.2004 Stormwater Management Plan (A)General Criteria. A stormwater management plan shall be required of all new development, redevelopment and land disturbance projects greater than one (1) acre in parcel size or part of a greater plan of development. This plan shall be designed to reduce and/or minimize the impervious area of the site, control the peak flow rate, and minimize the volume of stormwater runoff from the same as required in the LSWMP and this Code. Plans must be submitted to the City for review and approval prior to the start of construction. Each project will construct, implement and maintain all best management practices (BMP) that are deemed necessary to achieve the goals of this Chapter, including post-construction stormwater management BMPs. Prior to the start of construction, all projects shall be in possession of any and all permits required for the project including, but not limited to: 1.Rice Creek Watershed District, 2.City of Centerville, 3.U.S. Army Corps of Engineers, 4.National Pollutant Discharge Elimination System (NPDES), and 5.Wetland restoration or mitigation plan approval. Projects smaller than one (1) acre in size are encouraged to implement BMPs that will promote infiltration and contribute to improved water quality. The City reserves the right to require erosion prevention measures to land-disturbing activities of less than one acre, when in the judgment of the City’s Public Works Director, the land disturbing activities are likely to result in discharge of sediment or other pollution into the City’s stormwater system, or into Waters of the State. 157.05 157.21 Design Standards. Minimal Impact Design Standards (MIDS) shall be followed to achieve the best stormwater management. The 416|Page BMPs used should seek to mimic the natural hydrology, utilize pervious areas for stormwater treatment an 417|Page infiltrate stormwater runoff from driveways, sidewalks, rooftops, parking lots, and landscaped areas to the maximum extent practical to provide treatment for both water quality and quantity. The Minnesota Stormwater Manual (MN Pollution Control Agency), the Minnesota Urban Small Sites BMP Manual (Metropolitan Council), Local Road Research Board BMP Maintenance Guide, and Protecting Water Quality in Urban Areas (MPCA) are resources that provide guidance in achieving these goals. (A)Implementation.Low Impact Development, Better Site Design, or Green Infrastructure design techniques are the preferred methods of achieving stormwater management. Mimicking the natural topography and land cover as they exist in the pre-developed condition to meet the standards and requirements of the City and other regulatory agencies shall be the first consideration. (B)Recommended Practices. Practices and methods used to achieve the intent of the above paragraph shall include, but not be limited to, the following: (1)rain gardens (2)green roofs (3)bio-retention practices (4)pervious pavements or pavers (5)plots of native vegetation and/or buffers in place of sod (6)reforestation and revegetation (7)trees and tree box filters (8)reduction of impervious area (9)rain water harvesting (C)Other Practices. Other traditional stormwater BMPs may be approved on a site by site basis to achieve the goals of water quality and quantity, and rate control. These practices shall conform to the standards outlined in the resources referenced above. (D)All stormwater runoff shall be pre-treated prior to discharge to any surface water. (E)Maintenance Plan. A plan shall be established to maintain all temporary and permanent BMPs in a working and efficient condition. This may include removal of invasive species, sediment, debris, or any other foreign or obstructive object or condition that prevents the BMPs from performing as designed. (F)Exemption. The mill and overlay or rehabilitation of a public roadway that does not create additional impervious surfaces; and sidewalk or trail projects are exempt from these stormwater requirements. These projects may be subject to other regulations. 157.06157.22. Drainage. Site alteration, grading, placement and installation of BMPs and other related activities shall be implemented in such a way that drainage from the site shall not exceed the pre-developed rates and will not adversely affect neighboring properties. 157.08.157.23Calculations. Hydrologic and hydraulic design calculations must be submitted for the pre-development and post-development conditions for the 2, 10, and 100 year events as well as the 10 day snow melt event. Such calculations shall include: (i) description of the design storm frequency, intensity and duration, (ii) time of concentration, (iii) Soil Curve Numbers or runoff coefficients, (iv) peak runoff rates and total runoff volumes for each watershed area, (v) infiltration rates, where applicable, (vi) culvert capacities, (vii) flow velocities, (viii) data on the increase in rate and volume of runoff for the design storms used, and (ix) documentation of sources for all computation methods and field test results. 418|Page 157.07157.24. Volume Control and Pollutant Management For non-linear projects, water quality volume (calculated as an instantaneous volume) must be calculated as one (1) inch times the sum of the new and the fully reconstructed impervious surface. For linear projects, water quality volume (calculated as an instantaneous volume) must be calculated as the larger of one (1) inch times the new impervious surface or one-half (0.5) inch times the sum of the new and the fully reconstructed impervious surface. Where the entire water quality volume cannot be treated within the existing right-of-way, a reasonable attempt to obtain additional right-of-way, easement, or other permission to treat the stormwater during the project planning process must be made. Volume reduction practices must be considered first. Volume reduction practices are not required if the practices cannot be provided cost effectively. If additional right-of-way, easements, or other permission cannot be obtained, the owner/operator of construction activity must maximize the treatment of the water quality volume prior to discharge from the City’s MS4. Stormwater volume management practices shall be the equivalent of infiltrating or retaining the first one and one-tenth (1.1) inches of precipitation over the impervious surface of the site. These practices should seek to utilize pervious areas for stormwater treatment and to infiltrate stormwater runoff from driveways, sidewalks, rooftops, parking lots and landscaped areas to the maximum extent practical to provide treatment for both water quantity and quality. )New Development projects shall achieve no net increase from pre-project conditions (on an annual average basis) of stormwater discharge volume; discharges of total suspended solids (TSS); and discharge of total phosphorus (TP). )Redevelopment projects shall achieve a net reduction from pre-project conditions (on an annual average basis) of stormwater discharge volume; discharges of total suspended solids (TSS); and discharge of total phosphorus (TP). The requirements of this section may be altered and alternative treatment BMPs approved under the following limitations: 1)Infiltration techniques shall be prohibited when the infiltration structural BMP will receive discharges from or be constructed in areas: a)Areas that that receive runoff from vehicle fueling and maintenance areas; b)Areas where infiltrating stormwater may mobilize high levels of contaminants in soil or groundwater; c)Areas where soil infiltration rates are field measured at more than 8.3 inches per hour unless the soils are amended to slow the infiltration rate below 8.3 inches per hour; d)Areas with less than three (3) feet of separation distance from the bottom of the infiltration system to the elevation of the seasonally saturated soils or the top of bedrock; e)Areas of predominately Hydrologic Soil Group type D soils (clay); f)Within a Drinking Water Supply Management Area (DWSMA) as defined in Minn. R. 4720.5100, subp. 13, if the system will be located: i.In an Emergency Response Area (ERA) within a DWSMA classified as having high or very high vulnerability as defined by the Minnesota Department of Health; or 419|Page ii.In an ERA within a DWSMA classified as moderate vulnerability unless a higher level of engineering review sufficient to provide a functioning treatment system and to prevent adverse impacts to groundwater has been approved by the \[NAME OF MS4\]; or iii.Outside of an ERA within a DWSMA classified as having high or very high vulnerability unless a higher level of engineering review sufficient to provide a functioning treatment system and to prevent adverse impacts to groundwater has been approved by the \[NAME OF MS4\]. g)Areas within 1,000 feet upgradient or 100 feet downgradient of active karst features; and h)Areas that receive runoff from the following industrial facilities not authorized to infiltrate stormwater under the NPDES stormwater permit for industrial activities: i.automobile salvage yards; ii.scrap recycling and waste recycling facilities; iii.hazardous waste treatment, storage, or disposal facilities; iv.wood preserving facilities; or i.v.air transportation facilities that conduct deicing activities. ( )where industrial facilities are not authorized to infiltrate industrial stormwater under an NPDES/SDS Permit, ( )where vehicle fueling and maintenance occur ( )with less than 3 feet of separation from the bottom of the infiltration system to the elevation of the seasonally saturated soils or top of bedrock ( )where high levels of contaminants in soil or groundwater will be mobilized by the infiltration of stormwater. 0)Infiltration techniques will be restricted when the infiltration device will be constructed in areas: ( )with predominately Hydrologic Soil Group D soils ( )within 1,000 feet up-gradient or 100 feet down-gradient of active karst features ( )within a Drinking Water Source Management Area (DWSMA) as defined in the cities Wellhead Protection Plan ( )where soil infiltration rates are more than 8.3 inches per hour B)If volume and pollutant management controls cannot be constructed on-site, off-site locations where the controls can be met must be identified. Guidance for best management practices and standards for these mitigation processes should follow the Minimal Impact Design Standards (MIDS) Design Sequence Flowchart for flexible treatment options contained in the MN Stormwater Manual. 1)For non-linear projects, where the water quality volume cannot cost effectively be treated on the site of the original construction activity, the remaining water quality volume must be addressed through off-site treatment and meet the following requirements (must be selected in the following order of preference): (a)Locations that yield benefits to the same receiving water that receives runoff from the original construction activity. 420|Page (b)Locations within the same DNR catchment area as the original construction activity. (c)Locations in the next adjacent DNR catchment area up-stream. (d)Locations anywhere within the City’s jurisdiction. 2)Off-site treatment projects must involve the creation of new structural stormwater BMPs or the retrofit of existing structural stormwater BMPs, or the use of a properly designed regional structural stormwater BMP. Routine maintenance of structural stormwater BMPs owned or operated by the City cannot be used to meet this requirement. 3)Off-site treatment projects must be completed no later than 24 months after the start of the original construction activity. 4)The applicant may provide payment to the City in lieu of off-site treatment. 157.08157.25. Impaired Waters and Total Maximum Daily Loads. If a site drains to a surface water that has been listed as impaired pursuant to section 303(d) of the federal Clean Water Act more stringent water quality measures will be required. If a Total Maximum Daily Load (TMDL) has been written for the impaired water then all best management practices deemed necessary to comply with the requirements of the TMDL must be implemented. 157.09157.26. Industrial Sites. Certain industrial sites are required to prepare and implement a stormwater pollution prevention plan, and shall file a notice of intent (NOI) under the provisions of the National Pollutant Discharge Elimination System (NPDES) general permit. The stormwater pollution prevention plan requirement applies to both existing and new industrial sites. 157.10.157.27.Wetlands. Runoff shall not be routed directly to wetlands without first passing through an appropriate settling or approved pre-treatment basin. Said basins must meet engineering standards for volume and flow directed to the basin. (A)A protective buffer strip of natural vegetation at least 15 feet (25 feet is preferred) in width shall surround all wetlands. (B)Wetlands must not be drained, filled, or altered, wholly or partially, unless in compliance with and permitted under the most current rules adopted by the Minnesota Board of Water and Soil Resources in the Wetland Conservation Act (WCA). Wetland replacement must be guided by the following principles in descending order: (1)Avoidance (2)Minimization (3)Mitigation (C)Permits to work in wetlands must be obtained from the local water management organizations, acting as local governmental units (LGU), with respective jurisdiction within the City to administer the WCA. (D)Permanent boundary markers, in the form of signage approved by the City, should be installed prior to final approval of the required clearing and grading plan. 421|Page 157.11. 157.28. Maintenance of Stormwater BMP’s. The owner(s) must enter into a long-term maintenance agreement with the City that documents all responsibilities for long-term operation and maintenance of stormwater treatment practices that are not owned or operated by the City. At a minimum, the long-term maintenance agreement must include provisions that: (A)Allow the City to conduct inspections of structural stormwater BMPs not owned or operated by the City, perform necessary maintenance, and assess costs for those structural stormwater BMPs when the City determines the owner of that structural stormwater BMP has not ensured proper function; (B)Are designed to preserve the City’s right to ensure maintenance responsibility, for structural stormwater BMPs not owned or operated by the City, when those responsibilities are legally transferred to another party; and (C)Are designed to protect/preserve structural stormwater BMPs. If structural stormwater BMPs change, causing decreased effectiveness, new, repaired, or improved structural stormwater BMPs must be implemented to provide equivalent treatment to the original BMP. The design and planning of all stormwater management facilities shall include detailed maintenance and repair procedures to ensure their continued function. These plans will identify the parts or components of a stormwater management facility that need to be maintained and the equipment and skills or training necessary. Provisions for the periodic review and evaluation of the effectiveness of the maintenance program and the need for revisions or additional maintenance procedures shall be included in the plan. (A)All private stormwater BMPs shall be maintained by the owner(s) such that the BMP performs the intended treatment function. Public stormwater BMPs shall be the responsibility of the City in that the City will ensure that the capacity of retention/detention ponds is adequate and will repair or replace storm sewer system components as needed. (A)The applicant must ensure access to all stormwater treatment practices at the site for the purpose of inspection and repair by securing all the maintenance easements needed on a permanent basis. These easements will be recorded with the plan and will remain in effect even with transfer of title to the property. (A)The applicant must execute an easement and an inspection and maintenance agreement binding on all subsequent owners of land served by any on-site stormwater management measure in accordance with the specifications of this ordinance. 157.12-157.14157.29-157.31 Reserved 157.15.157.32. Alterations to and Use of Public and Private Stormwater Ponds. (A)No alterations to shorelines or vegetation around stormwater ponds shall be allowed unless authorized by the City. (B)Fountains or other circulating devices will not be allowed in stormwater ponds unless authorized by the City. (C)Chemical treatment of stormwater ponds will not be allowed unless authorized by the City. (D)Structures will not be allowed within the stormwater pond or protective buffer zone. These will include but not be limited to retaining walls, docks, piers, diving platforms, etc. (E)Recreational activities, including but not limited to boating, swimming, fishing and skating are prohibited on stormwater ponds located on city owned property. These activities are discouraged on all other ponds. (F)Dumping of yard waste materials in, on or around any stormwater pond is prohibited. 422|Page (G)Cattails growing in and around stormwater ponds may be cut with the permission and direction of the City. 157.16.157.33. Appropriations from stormwater ponds Appropriation of water from stormwater ponds for the purpose of private irrigation may be allowed based upon criteria established by the City. City approval must be granted before use begins. 157.17157.34- Reserved 157.18.157.35Rain Gardens. Rain Gardens in Road Right of Way (A)Rain gardens proposed for construction in the right of way must have plans approved by the City Public Works Department. These plans will include illustration of area draining to the rain garden; design details to prove proper sizing/capacity to handle the area of drainage; illustrate property boundaries, location of street features, driveway, house and other structures in relation to the rain garden; and include proof of infiltration potential and ability to drawdown within a 48 hour period. (B)Rain gardens capturing street runoff would require a curb cut to direct flow into the rain garden. Curb cuts for rain gardens approved in the right of way will be constructed and paid for by the City. All other construction and maintenance associated with the rain garden is the sole responsibility of the homeowner except where constructed as a required BMP for a street reconstruction, in which case the construction costs may be paid for by the City. (C)City staff or designee has right of entry to all rain gardens in the right of way to ensure proper function of the feature. (D)Rain gardens in the right of way will be mapped as part of the City stormwater management system. These features will be counted toward meeting compliance of the City’s MS4 permit with the State of Minnesota or other regulatory requirements imposed on the City through state, federal or other government agencies. (E)The City shall have no liability for a privately constructed rain garden or its associated features. 157.19-157.49157.36-157.98 Reserved § 157.99 PENALTY. Any person, firm or corporation violating any provision of this chapter shall be guilty of a misdemeanor and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. Ord. #79, adopted 03/09/2005 Note: Illicit Discharge Detection and Elimination (See Chapter 51) 423|Page CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: September 28, 2022 Planning & Zoning IX.3.a TITLE OF ISSUE: Ordinance Revisions (First Reading) - Nuisance (Diseased Trees) BACKGROUND AND SUPPLEMENTAL INFORMATION: The Planning & Zoning Commission held a public hearing to consider the proposed revised language on September 13, 2022. They provided input for additional language modifications which have been made. COST AND SOURCE(S) OF FUNDING: Publication of Summary - Revised Language Following 2nd Reading REQUESTED COUNCIL ACTION: Discussion at this time - October 12, 2022 will be 2nd reading. For Clerk’s Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ Vote Record: Aye Nay _____ _____ Amended Language Other (specify) ____________ _____ _____ _____ _____ _______________________________________________________________ _____ _____Ki _____ ____________________________________________________________________ Administration Department Use: Refer to: _________________________________ Consent Tabled Until: ______________________________ Regular Other: ___________________________________ CHAPTER91:HEALTHANDSAFETY;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 91.10 Targeted Residential Picketing Open Burning 91.20 Purpose 91.21 Definitions 91.22 Prohibited materials 91.23 Permit required 91.24 Purposes allowed 91.25 Permit application; permit fees 91.26 Permit process 91.27 Permit holder responsibility 91.28 Revocation of open burning permit 91.29 Denial of open burning permit 91.30 Burning ban or air quality alert 91.31 Rules adopted by reference Cleanup of Clandestine Drug Lab and Chemical Dump Sites 91.45 General provisions 91.46 Definitions 91.47 Declaration as public health nuisance 91.48 Law enforcement action 91.49 Seizure of property 91.50 Action by Building Official or designee 91.51 Site owner’s responsibility to act 91.52 Site owner’s responsibility for costs 91.53 City action and recovery of costs 91.54 Recovery of costs from persons causing damage 91.55 Site owner and address 84|Page 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|Page (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 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)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|Page (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|Page (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|Page 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)Accumulations in the open of discarded or disused machinery, household appliances, automobile bodies or other material in a manner conducive to the harboring of rats, mice, snakes or vermin, or the rank growth of vegetation among the items so accumulated, or in a manner creating fire, health or safety hazards from accumulation; (Q)Any well, hole or similar excavation which is left uncovered or in another condition as to constitute a hazard to any child or other person coming on the premises where it is located; (R)Obstruction to the free flow of water in a natural waterway or a public street drain, gutter or ditch with trash of other materials; (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|Page (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; (41)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; (52)Any other shade tree with an epidemic disease; and constitutes a significant risk for spread of disease. (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|Page 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 a reasonable amount of time not less than 10 days, including Saturdays, Sundays and holidays. (B)Failure to remove. If, at the end of thedesignated removal period,ten days following service of a notice to remove, the nuisance has not been terminated or abated, the city shall cause removal and disposition. The person in violation may, within the ten days following service, file a written appeal disputing the violation or requesting additional time to comply with the notice to remove. Appeals will be placed on the next available agenda of the City Council for its consideration. (C)Immediate abatement. Nothing in this section shall prevent the city, without notice or other process, from immediately abating any condition that poses an imminent and serious hazard to human life or safety. (D)Recovery of costs. In instances where any nuisances are abated by city action pursuant to this chapter, M.S. §§ 412.221 et seq., or M.S. Chapter 466, the cost of enforcement, abatement or other proceedings, 91|Page including administrative charges together with interest thereon at the lawful rate permitted under M.S. Chapter 429, shall, if not paid, be assessed against the premises and certified to the County Auditor or certified by lien as provided in M.S. § 514.67. § 91.09 PROHIBITED NOISE. (A)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 property’s value. (b)This general prohibition is not limited by the specific restriction of the following divisions. (2)Exhaust. No person shall discharge the exhaust or permit the discharge of the exhaust of any steam engine, stationary internal combustion engine, motor boat, motor vehicle or snowmobile except through a muffler or other device that effectively prevents loud or explosive noises there from and complies with all state laws and regulations. (3)Loading, unloading, unpacking. No person shall create loud and excessive noise in loading, unloading or unpacking any vehicle between the hours of 10:00 p.m. and 7:00 a.m. (4)Radios, phonographs, paging systems and the like. (a)No person shall use or operate or permit the use or operation of any radio receiving set, musical instrument, phonograph, paging system, machine or other device for the production or reproduction of sound in a distinct and loudly audible manner. (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|Page CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: September 28, 2022 Planning & Zoning IX.3.b TITLE OF ISSUE: Ordinance Revisions (First Reading) - Liquor Regulations BACKGROUND AND SUPPLEMENTAL INFORMATION: The Planning & Zoning Commission held a public hearing to consider the proposed revised language on September 13, 2022. No members of the public were present and no comment was given. COST AND SOURCE(S) OF FUNDING: Publication of Summary - Revised Language Following 2nd Reading REQUESTED COUNCIL ACTION: Discussion at this time - October 12, 2022 will be 2nd reading. For Clerk’s Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ Vote Record: Aye Nay _____ _____ Amended Language Other (specify) ____________ _____ _____ _____ _____ _______________________________________________________________ _____ _____Ki _____ ____________________________________________________________________ Administration Department Use: Refer to: _________________________________ Consent Tabled Until: ______________________________ Regular Other: ___________________________________ CHAPTER111:LIQUORREGULATIONS Section 111.01 Adoption of state law by reference 111.02 City may be more restrictive than state law 111.03 Definitions 111.04 Nudity on the premises of licensed establishments is prohibited 111.05 Consumption in public places 111.06 Term and expiration of licenses 111.07 Kinds of liquor license 111.08 License fees; pro rata; payment; refunds retail license fees 111.09 Council discretion to grant or deny a license 111.10 Application for license 111.11 Description of premises 111.12 Applications for renewal 111.13 Transfer of license 111.14 Investigation 111.15 Hearing and issuance 111.16 Restrictions on issuance 111.17 Conditions of license 111.18 Hours and days of sale 111.19 Restrictions involving underage persons 111.20 Revocation or suspension of license 111.21 Hearing notice for revocation or suspension of license 111.22 Prohibited conditions 111.23 Inactive license 111.24 Building changes 111.25 Public character of liquor sales 111.26 Presumptive civil penalties 111.27 Effective date § 111.01 ADOPTION OF STATE LAW BY REFERENCE. The provisions of M.S. Chapter 340A, as they may be amended from time to time, with reference to the definitions, terms, conditions of operation, restrictions on consumption, provisions relating to sales, hours of sale and all other matters pertaining to the retail sale, distribution and consumption of intoxicating liquor and 3.2 percent malt liquor are hereby adopted by reference and are made a part of this chapter as if set out in full. It is the intention of the City Council that all future amendments to M.S. Chapter 340A are hereby adopted by reference or referenced as if they had been in existence at the time this chapter is adopted. Ord. #13, adopted 08/28/2002 151|Page § 111.02 CITY MAY BE MORE RESTRICTIVE THAN STATE LAW. The Council is authorized by the provisions of M.S. 340A.509, as it may be amended from time to time, to impose, and has imposed in this chapter, additional restrictions on the sale and possession of alcoholic beverages within its limits beyond those contained in M.S. Chapter 340A, as it may be amended from time to time. Ord. #13, adopted 08/28/2002 § 111.03 DEFINITIONS. In addition to the definitions contained in M.S. Chapter 340A.101, as it may be amended from time to time, the following terms are defined for purposes of this chapter. DISPLAY. The keeping, storing or permitting to be kept or stored of an alcoholic beverage which has been poured, dispensed or has had its package seal broken on, in, or at any table, booth, bar or other area of a licensed premises accessible to the general public, except when the alcoholic beverage is stored in a normal storage area during non-sale hours. INTEREST. (A)Any pecuniary interest in the ownership, operation, management or profits of a liquor establishment, but does not include: bona fide loans; bona fide fixed sum rental agreements; bona fide open accounts or other obligations held with or without security arising out of the ordinary and regular course of business or selling or leasing merchandise, fixtures or supplies to the establishment; or any interest of five percent or less in any corporation holding a city liquor license. (B)A person who receives monies, from time to time, directly or indirectly from a licensee in the absence of a bona fide consideration therefore and excluding bona fide gifts or donations, shall be deemed to have a pecuniary interest in the retail license. In determining “bona fide,” the reasonable value of the goods or things received as consideration for the payment of the licensee and all other facts reasonably tending to prove or disprove the existence of any purposeful scheme or arrangement to evade any prohibitions under this chapter shall be considered. LICENSED PREMISES. The premises described in the approved license application. In the case of a restaurant, club or exclusive liquor store licensed for on-sales of alcoholic beverages and located on a golf course, LICENSED PREMISES means the entire golf course except for areas where motor vehicles are regularly parked or operated. LIQUOR. Without modification by the words “intoxicating” or “3.2 percent malt,” includes both intoxicating liquor and 3.2 percent malt liquor. OPERATING MANAGER. A person designated by the license holder who works at the licensed premises and is in charge of day-to-day liquor sales. 152|Page PROPERLY DESIGNATED OFFICER. Means and includes: (A)The City Fire Inspector or Fire Chief; (B)The City Building Official, Building Inspector or Administrator; and (C)The Health Inspectors employed by Anoka County or the State of Minnesota acting in the course of the scope of their employment. RESTAURANT. An eating facility, other than a hotel, under the control of a single proprietor or manager, where meals are regularly prepared on the premises, where full waitress/waiter table service is provided, where a customer orders food from printed menus and where the main food course is served and consumed while seated at a single location. An establishment which serves prepackaged food that receives heat treatment and is served in the package or frozen pizza that is heated and served, shall be considered to be a restaurant for the purposes of this chapter as long as it is currently licensed as such by Anoka County. UNDERAGE PERSON. A person who is under the legal drinking age as provided by M.S. Chapter 340A. Ord. #13, adopted 08/28/2002 § 111.04 NUDITY ON THE PREMISES OF LICENSED ESTABLISHMENTS IS PROHIBITED. (A)The City Council finds that it is in the best interests of both public health, safety and general welfare of the people of the city that nudity is prohibited as provided in this section on the premises of any establishment licensed under this chapter. This is to protect and assist the owner, operators and employees of the establishment, as well as patrons and the public in general, from harm stemming from the physical immediacy and combination of alcohol, nudity and sex. The Council especially intends to prevent any subliminal endorsement of sexual harassment or activities likely to lead to the possibility of various criminal conduct, including prostitution, sexual assault and disorderly conduct. The Council also finds that the prohibition of nudity on the premises of any establishment licensed under this chapter, as set forth in this section, reflects the prevailing community standards of the city. (B)It is unlawful for any licensee to permit or allow any person or persons on the licensed premises when the person does not have their buttocks, anus, genitals and female breasts covered with a non-transparent material. It is unlawful for any person to be on the licensed premises when the person does not have their buttocks, anus, genitals and female breasts covered with a non-transparent material. This division (B) shall also apply to non-alcohol under age events on the licensed premises. (C)It is unlawful for any licensee to permit or allow any male and/or female swim suit competition on the licensed premises during any non-alcohol underage event. 153|Page (D)A violation of this section is a misdemeanor punishable as provided by law, and is justification for revocation or suspension of any liquor, wine, or 3.2 percent malt liquor license or the imposition of a civil penalty under the provisions of this chapter. Ord. #13, adopted0 8/28/2002 § 111.05 CONSUMPTION IN PUBLIC PLACES. Except as otherwise provided for herein, no person shall consume intoxicating liquor or 3.2 percent malt liquor in a public park, on any public street, sidewalk, trail, parking lot or alley, or in any public place other than on the premises of an establishment licensed under this chapter, in a municipal liquor dispensary if one exists in the city, or where the consumption and display of liquor is lawfully permitted. Ord. #13, adopted 08/28/2002 § 111.06 TERM AND EXPIRATION OF LICENSES. (A)No person, except as otherwise provided in M.S. Chapter 340A, shall directly or indirectly deal in, sell, keep for sale or deliver any intoxicating liquor, 3.2 percent malt liquor or wine as part of a commercial transaction without first having received a license to do so as provided in this chapter; nor shall any private club or public place, directly or indirectly, or upon any pretense or by any device, allow the consumption or display of intoxicating liquor or serve any liquid for the purpose of mixing with intoxicating liquor without first obtaining a license from the city as provided in this chapter. (B)Each license shall be issued for a maximum period of one year. All licenses, except temporary licenses, shall expire on December 31 of each year unless another date is provided by ordinance. All licenses shall expire on the same date. Temporary licenses expire according to their terms. Ord. #13, adopted 08/28/2002 § 111.07 KINDS OF LIQUOR LICENSE. The following types of licenses may be issued up to the number specified in this chapter: (A)On-sale 3.2 percent malt liquor license.On-sale 3.2 percent malt liquor licenses which may be issued only to restaurants, hotels, clubs, bowling centers and establishments used exclusively for the sale of 3.2 percent malt liquor with the incidental sale of tobacco and soft drinks; (B)Off-sale 3.2 percent malt liquor license; (C)Temporary 3.2 percent malt liquor license.Temporary 3.2 percent malt liquor licenses which may be issued only to a club, charitable, religious or nonprofit organization; 154|Page (D)Off-sale intoxicating liquor license.Off-sale intoxicating liquor licenses, which may be issued only to exclusive liquor stores or drug stores that have an off-sale license which was first issued on or before 5- 1-1994. The fee for an off-sale intoxicating liquor license established by the Council under § 111.08 shall be set by annual fee schedule adopted by Council which may be permitted by M.S. § 340A.408, Subdivision 3, as it may be amended from time to time; (E)On-sale intoxicating liquor license. (1)On-sale intoxicating liquor licenses, which may be issued to the following establishments as defined in M.S. § 340A.101, as it may be amended from time to time, and this chapter: hotels, restaurants, bowling centers, clubs or congressionally chartered veterans organizations and exclusive liquor stores. Club licenses may be issued only with the approval of the Commissioner of Public Safety. The fee for club licenses established by the Council under § 111.08 shall not exceed the amounts provided for in M.S. § 340A.408, Subdivision 2(b), as it may be amended from time to time. (2)The Council may in its sound discretion authorize a retail on-sale licensee to dispense intoxicating liquor off the licensed premises at a community festival held within the city under the provisions of M.S. § 340.404, Subdivision 4b, as it may be amended from time to time. (3)The Council may in its sound discretion authorize a retail on-sale licensee to dispense intoxicating liquor off the licensed premises at any convention, banquet, conference, meeting, or social affair conducted on the premises of a sports, convention or cultural facility owned by the city, under the provisions of M.S. § 340.404, Subdivision 4a, as it may be amended from time to time. (F)(DELETED, effective March 22, 2017). (G)Combination on-sale/off-sale intoxicating liquor license. This license may be issued if the city has a population less than 10,000; (H)On-sale temporary intoxicating liquor license. Temporary on-sale intoxicating liquor licenses, with the approval of the City Council, which may be issued only in connection with a social event sponsored by a club, charitable, religious, or other nonprofit corporation that has existed for at least three years. No license shall be for longer than 4 consecutive days, and the city shall issue no more than 24 days worth of temporary licenses to any 1 organization in 1 calendar year; and (I)On-sale wine license. On-sale wine licenses which may be issued with the approval of the Commissioner of Public Safety to: restaurants having facilities for seating at least 25 people at one time and meet the criteria of M.S. § 340A.404, Subdivision 5, as it may be amended from time to time, and which meet the definition of a restaurant in § 111.03; and to licensed bed and breakfast facilities which meet the criteria in M.S. § 340A.401, Subdivision 1, as it may be amended from time to time. The fee for an on-sale wine license established by the Council under the provisions of § 111.08 shall not exceed one-half of the license fee charged for an on-sale intoxicating liquor license. The holder of an on-sale wine license who also holds an on-sale 3.2 percent malt liquor license is authorized to sell malt liquor with a content over 3.2 percent (strong beer) without an additional license. 155|Page (J)Brew Pub On-Sale Intoxicating Liquor or On-Sale 3.2 Percent Malt Liquor Licenses. Brew Pub on-sale intoxicating liquor or on-sale 3.2 percent malt liquor licenses may be issued, with the approval of the Commissioner of Public Safety, to brewers who operate a restaurant in their place of manufacture and who meet the criteria established at M.S.§340A.301, as may be amended from time to time. Sales under this license at on-sale may not exceed 3,500 barrels per year. Ord. #13, adopted 08/28/2002, Ord. 2d # 53, adopted 12/14/2011, Ord. 2d #85 adopted 3/22/2017. § 111.08 LICENSE FEES; PRO RATA; PAYMENT; REFUNDS RETAIL LICENSE FEES. The annual fees for all licenses and temporary licenses are set forth by Council resolution. (A)Limit. No license or other fee established by the city shall exceed any limit established by M.S. § 340A, as it may be amended from time to time, for a liquor license. (B)Fee. (1)The Council may establish from time to time by ordinance or resolution the fee for any of the liquor licenses it is authorized to issue. (2)The license fee may not exceed the cost of issuing the license and other costs directly related to the enforcement of the liquor laws and this chapter. No liquor license fee shall be increased without providing mailed notice of a hearing on the proposed increase to all affected licensees at least 30 days before the hearing. (C)Prorated fees. The fee for all licenses, except temporary licenses, granted after the commencement of the license year shall be prorated on a quarterly basis. (D)Payment. All license fees shall be paid in full at the time the application is filed with the city. If the application is denied, the license fee shall be returned to the applicant except for any costs incurred by the city for investigation of the application/applicant. (E)Refunds. License fees shall be refunded if an application for a license is denied by the City Council, except where rejection is for a willful misstatement in the license application. No part of the fee paid for any issued license shall be refunded except as authorized under M.S. § 340A.408, Subdivision 5, upon application to the City Administrator within 20 days of the happening of any event provided under M.S. § 340A.408, Subdivision 5, and except as provided in division (D) above. Ord. #13, adopted 08/28/2002 § 111.09 COUNCIL DISCRETION TO GRANT OR DENY A LICENSE. The Council in its sound discretion may either grant or deny the application for any license or for the transfer or renewal of any license. No applicant has a right to a license under this chapter. 156|Page Ord. #13, adopted 08/28/2002 § 111.10 APPLICATION FOR LICENSE. (A)Form. (1)Every application for a license issued under this chapter shall be on a form provided by the city. (2)Every application shall state the name of the applicant, the applicant’s age, with references as the Council may require, the type of license applied for, the business in connection with which the proposed license will operate and its location, a description of the premises, whether the applicant is owner and operator of the business, how long the applicant has been in that business at that place and other information as the Council may require from time to time. An application for an on-sale intoxicating liquor license shall be in the form prescribed by the Commissioner of Public Safety and shall also contain the information required in this section. The form shall be verified and filed with the city. No person shall make a false statement in an application. (3)Every application shall disclose the nature of, and identifying information regarding all criminal convictions or pending criminal charges for each person or business named in the application. (B)Financial responsibility. Prior to the issuance of any license under this chapter, the applicant shall demonstrate proof of financial responsibility as defined in M.S. § 340A.409, as it may be amended from time to time, with regard to liability under M.S. § 340A.801, as it may be amended from time to time. This proof will be filed with the city and Commissioner of Public Safety. Any liability insurance policy filed as proof of financial responsibility under this section shall conform to M.S. § 340A.409, as it may be amended from time to time. Operation of a business which is required to be licensed by this chapter without having on file with the city at all times proof of financial responsibility to include liquor liability/dram shop, general liability and workers compensation insurance coverage is a cause for revocation of the license. Proof of financial responsibility shall be given by filing one of the following: (1)A certificate that there is in effect an annual aggregate insurance policy for dram shop insurance of not less than statutory requirements per policy year to cover each person, each occurrence, property damage each occurrence, loss of means of support per person, loss of means of support each occurrence and policy aggregate; or (2)A certificate of the State Treasurer that the licensee has deposited with him or her $100,000 in cash or securities which may legally be purchased by savings banks or trust funds having a market value of $100,000. (F)General liability. Proof of financial responsibility shall be given by filing a certificate that there is in effect for the license period an insurance policy or pool providing at least $50,000 of coverage because of bodily injury to any one person in any one occurrence, $100,000 because of bodily injury to two or more persons in any one occurrence, $10,000 because of injury to or destruction of property of others in any one occurrence, $50,000 for loss of means of support of any one person in any one occurrence, and $100,000 for loss of means of support of two or more persons in any one occurrence. 157|Page (G)Workers’ compensation insurance. The policy limits for workers’ compensation insurance shall be as provided for by state law. (H)Insurance Certificate Requirements. Whenever an insurance certificate is required by this Chapter the applicant shall file with the City Clerk a certificate of insurance showing (1) that the limits are at least as high as required, (2) that coverage is effective for at least the license term approved, and (3) that such insurance will not be cancelled or terminated without third days’ written notice served upon the City Clerk. Cancellation or termination of such coverage shall be grounds for license revocation. (I)Operating Manager. All corporations, partnerships and associations must designate an Operating Manager. The Operating Manager must be a person designated by the licensed premises who is in charge of day-to-day liquor sales. (J)Execution of application. (1)If the application is by an individual, it shall be signed and sworn to by such person; if by a corporation, by an officer thereof; if by a partnership, by one of the partners; if by an incorporated association, by the operating officer or managing officer thereof. If the applicant is a partnership, the application, license and insurance policy shall be made and issued in the name of all partners. It shall be unlawful to make any false statement in an application. (2)Falsification is a cause for revocation or denial of the license, and is a criminal offense punishable as a misdemeanor. (3)Each person or business named in or as part of this application shall execute a written authorization allowing the city and/or the Chief of Police to verify all information disclosed as part of the application. Ord. #13, adopted 08/28/2002, Ord. 2d # 13, amended 10/11/2006 § 111.11 DESCRIPTION OF PREMISES. The application shall specifically describe the compact and contiguous premises within which liquor may be dispensed and consumed. Except as for otherwise provided for herein. Ord. #13, adopted 08/28/2002 § 111.12 APPLICATIONS FOR RENEWAL. (A)At least 90 days before a license issued under this chapter is to be renewed, an application for renewal shall be filed with the city. The decision whether or not to renew a license rests with the sound discretion of the Council. No licensee has a right to have the license renewed. 158|Page (B)The general procedure for renewal is as follows. (1)The applicant must obtain the required application from the City. The applicant must supply any information required pursuant to this chapter for new applications, and will execute written authorizations allowing the city and/or the Chief of Police to verify these disclosures. (2)Licensees will return the required forms to the city by October 30. (3)Applicants are responsible to verify information on citations and violations with the Chief of Police prior to October 30 and submission to the city. (4)The Council shall place on the agenda each year at the first scheduled Council meeting in November to review and hear testimony by any interested individual or party concerning the renewal of liquor licenses. This process allows for appeal of a denied license and the required approval from the state prior to the December 31 license expiration date. (5)Approvals are contingent upon licensee proof of required payment of insurances, property taxes and city utility bills. (6)The application shall specifically describe the compact and contiguous premises within which liquor may be dispensed and consumed. Except as for otherwise provided for herein. (7)The Chief of Police is requested to provide Council by October 15 each year, a summary of officer calls and the nature of those calls to licensed establishments. The Chief of Police is also requested to report a graphical depiction of alcohol related issues such as citations and arrests for driving under the influence or alcohol related infractions for the previous three-year period. (8)The City Administrator shall verify all information prior to issuing a license. Ord. #13, adopted 08/28/2002 § 111.13 TRANSFER OF LICENSE. (A)No license issued under this chapter may be transferred without the approval of the Council. Any transfer of stock of a corporate licensee is deemed to be a transfer of the license, and a transfer of stock without prior Council approval is a ground for revocation of the license. An application to transfer a license shall be treated the same as an application for a new license, and all of the provisions of this chapter applying to applications for a license shall apply. (B)In the event of the death of a person holding a license, the personal representative of that person shall be allowed to continue to operate the business within the terms of the license for a period not to exceed 180 days after the death of the licensee. Ord. #13, adopted 08/28/2002 159|Page § 111.14 INVESTIGATION. (A)Preliminary background investigation. On an initial application for a license, on an application for transfer of a license and, in the sound discretion of the Council that it is in the public interest to do so, on an application for renewal of a license, the city shall conduct a preliminary background investigation of the applicant or it may contract with the Commissioner of Public Safety for the investigation. The applicant shall pay with the application an investigation fee of $500 which shall be in addition to any license fee. If the cost of the preliminary investigation is less than $500, the unused balance shall be returned to the applicant. The results of the preliminary investigation shall be sent to the Commissioner of Public Safety if the application is for an on-sale intoxicating liquor license or an on-sale wine license. (B)Comprehensive background investigation. If the results of the preliminary investigation warrant, in the sound discretion of Council, a comprehensive background investigation, the Council may either conduct the investigation itself or contract with the Commissioner of Public Safety for the investigation. The investigation fee for this comprehensive background investigation to be paid by the applicant shall be $500, less any amount paid for the initial investigation if the investigation is to be conducted within the state, and $10,000, less any amount paid for the initial investigation, in the investigation is required outside the state. The unused balance of the fee shall be returned to the applicant whether or not the application is denied. The fee shall be paid in advance of any investigation and the amount actually expended on the investigation shall not be refundable in the event the application is denied. The results of the comprehensive investigation shall be sent to the Commissioner of Public Safety if the application is for an on-sale intoxicating liquor license or an on-sale wine license. Ord. #13, adopted 08/28/2002 § 111.15 HEARING AND ISSUANCE. (A)The Council shall investigate all facts set out in the application and not investigated in the preliminary or comprehensive background investigations. Opportunity shall be given to any person to be heard for or against the granting of the license at the first scheduled Council meeting in November for renewals or at the time of review for a new application. After the investigation and hearing, the Council in its sound discretion may grant or deny the application. No license shall become effective until the proof of financial security has been approved by the Commissioner of Public Safety. (B)Should the City Council deny the applicant’s request for a license due, partially or solely, to the applicant’s prior conviction of a crime, the City Council shall notify the applicant of the grounds and reasons for the denial; the applicable complaint and grievance procedure as set forth in M.S. § 364.06; the earliest date the applicant may reapply for a license; and that all competent evidence of rehabilitation will be considered upon reapplication. Ord. #13, adopted 08/28/2002 § 111.16 RESTRICTIONS ON ISSUANCE. (A)Each license shall be issued only to the applicant for the premises described in the application. 160|Page (B)No license shall be granted or renewed for operation on any premises on which taxes, assessments, utility charges, service charges or other financial claims of the city are delinquent and unpaid. (C)No license shall be issued for any place or business ineligible for a license under state law. (D)No new license shall be granted within 500 feet of any school. The distance is to be measured from the closest side of the church or school to the closest side of the structure on the premises within which liquor is to be sold. The provisions of this division (D) shall not apply to any existing license existing on the effective date of this chapter or to the renewal of an existing license as long as the establishment is in compliance with applicable zoning regulations. Further, this section shall apply to issuance of a wine license or on-sale 3.2 percent malt liquor license issued to a restaurant. Ord. #13, adopted 08/28/2002, Ord. 2d #35a, amended 05/12/2010 § 111.17 CONDITIONS OF LICENSE. (A) (1) Every licensee is responsible for the conduct of the place of business. (2) The act of an employee on the licensed premises is deemed the act of the licensee as well, and the licensee shall be liable to all penalties provided by this chapter equally with the employee. (B)The failure of the licensee to meet any one of the conditions of the license specified below shall result in suspension of the license until the condition is met. (1)Every licensee shall allow any peace officer or health officer to conduct compliance checks. (2)No on-sale establishment shall display liquor to the public during the hours when the sale of liquor is prohibited. (3)Compliance with financial responsibility requirements of state law and this chapter is a continuing condition of any license. Ord. #13, adopted 08/28/2002 § 111.18 HOURS AND DAYS OF SALE. (A)The hours of operation and days of sale shall be as those set by M.S. § 340A.504, as it may be amended from time to time. (B)No person shall consume nor shall any on-sale licensee permit any consumption of intoxicating liquor or 3.2 percent malt liquor in an on-sale licensed premises more than 30 minutes after the time when a sale can legally occur. 161|Page (C)No on-sale licensee shall permit any glass, bottle or other container containing intoxicating liquor or 3.2 percent malt liquor to remain upon any table, bar, stool or other place where customers are served, more than 30 minutes after the time when a sale can legally occur. (D)No person other than the licensee and any employee shall remain on the on-sale licensed premises more than 30 minutes after the time when a sale can legally occur. (E)Any violation of any condition of this section may be grounds for revocation of suspension of the license. Ord. #13, adopted 08/28/2002 § 111.19 RESTRICTIONS INVOLVING UNDERAGE PERSONS. (A)Generally. No licensee, his or her agent or employee shall serve or dispense upon the licensed premises any intoxicating or 3.2 percent malt liquor to a person under the legal drinking age; nor shall the licensee, or his or her agent or employee, permit any such person to be furnished or allowed to consume any such liquors on the licensed premises; nor shall the licensee, his or her agent or employee, permit any such person to be delivered any such liquors. (B)Entrance. No person under the legal drinking age shall enter a licensed premises for the purpose of purchasing or consuming any alcoholic beverage. (C)Consumption or delivery. No person under the legal drinking age shall consume or receive delivery of intoxicating or 3.2 percent malt liquor. (D)Possession. No person under the legal drinking age shall possess any intoxicating or 3.2 percent malt liquor. Possession of an alcoholic beverage by a person under the legal drinking age at a place other than the household of the parent or guardian is prima facie evidence of intent to consume it at a place other than the household of the person’s parent or guardian. (E)Misrepresenting age. No underage person shall misrepresent the person’s age for the purpose of obtaining intoxicating liquor or 3.2 percent malt liquor, nor shall the person enter any premises licensed for the retail sale of intoxicating liquor or 3.2 percent malt liquor for the purposes of purchasing or having served or delivered any alcoholic beverage. Nor shall any such person purchase, attempt to purchase, consume or have another person purchase for the underage person any intoxicating liquor or 3.2 percent malt liquor. (F)Identification requirements. (1)Identification required. Any person shall, upon demand of the licensee, his or her employee or agent, produce and permit to be examined one of the forms of identification provided under M.S. § 340A.503, Subdivision 6. (2)Prima facie evidence. In every prosecution for a violation of the provisions of this section relating to the sale or furnishing of intoxicating liquor or 3.2 percent malt liquor beverages to underage persons and in every proceeding before the Council with respect thereto, the fact that 162|Page the underage person involved has obtained and presented to the licensee, his or her employee or agent, a driver’s license, passport or identification card from which it appears that the person was not an underage person and was regularly issued the identification card, shall be prima facie evidence that the licensee, his or her agent or employee is not guilty of a violation of such a provision and shall be conclusive evidence that a violation, if one has occurred, was not willful or intentional. Ord. #13, adopted 08/28/2002 § 111.20 REVOCATION OR SUSPENSION OF LICENSE. The Council may suspend or revoke any license for the sale of intoxicating or 3.2 percent malt liquor for any of the following reasons: (A)False or misleading statements made on a license application or renewal, or failure to abide by the commitments, promises or representations made to the City Council; (B)Violation of any special conditions under which the license was granted, including, but not limited to, the timely payment of real estate taxes, and all other charges; (C)Violation of any federal, state or local law regulating the sale of intoxicating liquor, 3.2 percent malt liquor or controlled substance; (D)Creation of a nuisance on the premises or in the surrounding area; (E)That the licensee suffered or permitted illegal acts upon the licensed premises or on property owned or controlled by the licensee adjacent to the licensed premises, unrelated to the sale of intoxicating liquor or 3.2 percent malt liquor; and/or (F)Expiration or cancellation of any required insurance, or failure to notify the city within a reasonable time of changes in the term of the insurance or the carriers. Ord. #13, adopted 08/28/2002 § 111.21 HEARING NOTICE FOR REVOCATION OR SUSPENSION OF LICENSE. (A)Revocation or suspension of a license by the City Council shall be preceded by public hearing conducted in accordance with M.S. §§ 14.57 to 14.70. (B)The City Council may appoint a hearing examiner or may conduct a hearing itself. The hearing notice shall be given at least ten days prior to the hearing, include notice of the time and place of the hearing and state the nature of the charges against the licensee. Ord. #13, adopted 08/28/2002 163|Page § 111.22 PROHIBITED CONDITIONS. (A)Prostitution. No licensee shall knowingly permit the licensed premises or any room in those premises or any adjoining building directly under the licensee’s control to be used by prostitutes. (B)Controlled substances. No licensee shall knowingly permit the sale, possession or consumption of controlled substances on the licensed premises in violation of state law. (C)Gambling. (1)Gambling and gambling devices, with the exception of licensed charitable gambling organizations, are not permitted on licensed premises. (2)State lottery tickets may be purchased and sold within licensed premises as authorized by the Director of the State Lottery. (C)Contests of pugilism on the premise of licensed establishments is prohibited. (1)The City Council finds that it is in the best interests of public health, safety and general welfare of the people of the city that Boxing, Ultimate Fighting or more generally, contests involving pugilism or battery are prohibited as provided in this section on the premises of any establishment licensed under this chapter. This is to protect and assist the owner, operators and employees of the establishment, as well as patrons and the public in general, from harm stemming from the physical immediacy and combination of alcohol and violence. The Council especially intends to prevent any endorsement of assaultive behavior or activities likely to lead to the possibility of various criminal conduct, including assault, battery, threatening behavior, disorderly conduct, or public nuisance. The Council also finds that the prohibition of contests involving pugilism or battery on the premises of any establishment licensed under this chapter, as set forth in this section, reflects the prevailing community standards of the city. (2)The City Council finds that it is in the best interests of enforcing its Liquor Regulations and policing establishments which can serve intoxicating beverages that the previous Subdivision shall also apply to non-alcoholic events on the licensed premises. (3)A violation of this section is a misdemeanor punishable as provided by law, and is justification for revocation or suspension of any liquor, wine, or 3.2 percent malt liquor license or the imposition of a civil penalty under the provisions of this chapter. Ord. #13, adopted 08/28/2002 § 111.23 INACTIVE LICENSE. 164|Page (A)The City Council may revoke the intoxicating liquor or 3.2 percent malt liquor license of any establishment granted a license that is not under construction and exhibiting satisfactory progress toward completion within six months from its issuance, or any establishment that ceases operation for a period of six months. (B)A hearing shall be held to determine what progress has been made toward opening or reopening the establishment and, if satisfactory progress is not demonstrated, the Council may revoke the license. Ord. #13, adopted 08/28/2002 § 111.24 BUILDING CHANGES. (A)Proposed enlargement or substantial alteration which changes the character of the establishment, or extension of premises previously licensed shall be reported to the City Administrator at or before the time application is made for a building permit for any such change. (B)The enlargement, substantial alteration or extension shall not be allowed unless the Council approves an amendment to the license. Ord. #13, adopted 08/28/2002 § 111.25 PUBLIC CHARACTER OF LIQUOR SALES. No sale of liquor shall be made to or in guest rooms of hotels unless: (A)The rules of the hotel provide for the service of meals in guest rooms; (B)The sale of the liquor is made in the manner on-sales are required to be made; (C)The sale accompanies and is incidental to the regular service of meals to guests therein; and/or (D)The rules of the hotel and the description, location and number of the guest rooms are fully set out in the application for the liquor license. Ord. #13, adopted 08/28/2002 § 111.26 PRESUMPTIVE CIVIL PENALTIES. (A)Purpose. The purpose of this section is to establish a standard by which the City Council determines the length of license suspensions and the propriety of revocations, and shall apply to all premises licensed under this chapter. These penalties are presumed to be appropriate for every case; however, the Council may deviate in an individual case where the Council finds that there exist substantial reasons making it more appropriate to deviate, such as, but not limited to, a licensee’s efforts in combination with the state 165|Page or city to prevent the sale of alcohol to minors. When deviating from these standards, the Council will provide written findings that support the penalty selected. (B)Minimum penalties for violations. The minimum penalties for convictions or violations must be presumed as follows (unless specified, numbers below indicate consecutive days’ suspension). (1)The following violations require revocation of the license on the first violation: (a)Commission and/or of a felony related to the licensed activity; (b)Sale of alcoholic beverages while license is under suspension; and (c)Sale of intoxicating liquor where only license is for 3.2 percent malt liquor. (2)Any violation not listed in the previous information would be heard by the Council and they would review all information and circumstances and determine a penalty with the maximum fine of $2,000 and/or 60-day suspension or determine the license should be revoked. (3)License holders have the right to request a hearing before the City Council if not in agreement with the presumptive penalty. The City Administrator also has the right to request a hearing before the Council if he or she or they believe there exists substantial reason making it appropriate to deviate from the presumptive penalty. If the City Administrator and licensee agree on the presumptive penalty, these will be reported to the City Council in a staff report. (C)Multiple violations. At a licensee’s first appearance before the Council, the Council must act upon all of the violations that have been alleged in the notice sent to the licensee. The Council in that case must consider the presumptive penalty for each violation under the first appearance column in division (B) above. The occurrence of multiple violations is grounds for deviation from the presumed penalties in the Council’s discretion. (D)Subsequent violations. (1)Violations occurring after the notice of hearing has been mailed, but prior to the hearing, must be treated as a separate violation and dealt with as a second appearance before the Council, unless the City Administrator and licensee agree in writing to add the violation to the first appearance. (2)The same procedure applies to a second, third or fourth appearance before the Council. (E)Subsequent appearances. (1)Upon a second, third or fourth appearance before the Council by the same licensee, the Council may impose the presumptive penalty for the violation or violations giving rise to the subsequent appearance without regard to the particular violation or violations that were the subject of the first or prior appearance. (2)However, the Council may consider the amount of time elapsed between appearances as a basis for deviating from the presumptive penalty imposed by this section. 166|Page (F)Computation of violations. Multiple violations are computed by checking the time period of the three years immediately prior to the date of the most current violation. (G)Other penalties. Nothing in this section shall restrict or limit the authority of the Council to suspend up to 60 days, revoke the license, impose a civil fine not to exceed $2,000, to impose conditions or take any other action in accordance with law; provided, that the license holder has been afforded an opportunity for a hearing in the manner provided in this chapter. (H)Notification. If a licensed establishment is cited for a violation of this chapter, the Chief of Police must provide a letter of notification to the licensee and the City Council through the City Administrator within 30 days after the violation occurred. (I)Regular penalty grid. Type of License First Violation Second Violation Third Violation Fourth Violation On-sale Intoxicating $500 and 5 Days $1,000 and 10 $2,000 and 15 Days Revocation LiquorSuspension Days Suspension Suspension Off-Sale Intoxicating $500 and 3 Days $1,000 and 7 Days $2,000 and 12 Days Revocation LiquorSuspension Suspension Suspension On-sale Beer and $500 and 5 Days $1,000 and 10 $2,000 and 15 Days Revocation Wine Suspension Days Suspension Suspension Off-sale 3.2 percent $1,000 and 10 $1,500 and 20 $2,000 and 40 Days Revocation Malt Liquor Days Suspension Days Suspension Suspension Ord. #13, adopted 08/28/2002 § 111.27 EFFECTIVE DATE. This chapter shall be effective immediately upon the date of its publication. Ord. #13, adopted 08/28/2002 167|Page CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: September 28, 2022 Administration/EDA IX.5.1 TITLE OF ISSUE: EDA Appointment BACKGROUND AND SUPPLEMENTAL INFORMATION: At their meeting on September 21, the EDA made a motion to recommend to city council approval of EDA candidate Kris Swenson. Kris Swenson, one of two candidates interviewed by the EDA, resides in Centerville, and has been involved in the community for more than 33 years. Kris currently serves on the Centerville Lions Club board of directors, and she is also an active participant in community. Staff is requesting that council consider approval of EDA candidate Kris Swenson to the EDA board. COST AND SOURCE(S) OF FUNDING: No cost. REQUESTED COUNCIL ACTION: Motion to approve Kris Swenson to the EDA board, thereby filling the vacancy on the EDA. For Clerk’s Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ Vote Record: Aye Nay _____ _____ EDA Application Other (specify) ____________ _____ _____ _____ _____ _______________________________________________________________ _____ _____Ki _____ ____________________________________________________________________ Administration Department Use: Refer to: _________________________________ Consent Tabled Until: ______________________________ Regular Other: ___________________________________ CITY OF CENTERVILLE APPLICATION FOR APPOINTMENT CommitteeCommission applying for Chriswenson NAME: 7016 Brian Court STREET ADDRESS: Centerville55038 CITY:, MNZIP CODE: 651-592-4832Same HOME TELEPHONE:WORK TELEPHONE: Chrisswenson5@comcast.t FAX:EMAIL ADDRESS: 33 Number ofyearsCentervilleBusiness Number ofyearsa Centerville Resident?: No Are you presently serving on a Centerville Committee or Commission?: Centervilleions Other(pleasespecify) Which One?: Term?: Have you served on a Centerville Committee or Commission in the past?: eyouservedonaCentervilleCommitteeorCommissioninthepast?: Other (please specify) Which One?: WhichOne?: Term?: Term?: Which One?: WhichOne?: Term?: Term?: Whatdoyou have tooffertheCityofCentervilleasaCommitteeor Commission member?:tdoyou have tooffertheCityofCentervilleasaCommitteeorCommissionmember?: ExperiencerienceEducationthat would enhanceyoureffectiveness as a Committee Educationthatt wouldd enhanceyoureffffectiveness asaa CommitteeorCommissionmember?:orCommissionmember?: 9/16/22 Signature: nature:Date: Date: City Administrator Return to: City of Centerville SubmitbyEmail 1880 Main Street Centerville, MN 55038 CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department:Requested Council Meeting Date: September 28, 2022 IX.6.1Administration TITLE OF ISSUE: Downtown Market Study BACKGROUND AND SUPPLEMENTAL INFORMATION:The EDA is exploring options to revitalize downtown, and they are looking for guidance from the council to help refine the proposed scope of work to commission a market study. Over the last couple of months, the EDA has had considerable discussion about the following: geographic location for a study (East side of town vs. downtown), key deliverables of a study (demographic/data/communityprofile in a one-page marking piece and/or report), engaging a site selector, and completing a comprehensivestudy. What the EDA agrees on is that they would like to hire a local firm to conduct the study, and they would like to focus on the downtown. At the last EDA meeting, the board discussed potential outcomes of a study, including: 1.Is mixed use still viable in the downtown. 2. Are specific measures are needed before mixed use is viable? 3. If specific measures are needed then what will it take to reinvigorate downtown? The aforementionedquestions areintendedoutcomesofastudyTheEDAislookingforguidancefromcouncilbecauseofselectmembers' COST AND SOURCE(S) OF FUNDING: No cost. REQUESTED COUNCIL ACTION: Staff is requesting that council weigh in on a proposed scope of work for a market study of downtown. For Clerk’s Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ Vote Record: Aye Nay _____ _____ n/a Other (specify) ____________ _____ _____ _____ _____ _______________________________________________________________ _____ _____Ki _____ ____________________________________________________________________ Administration Department Use: Refer to: _________________________________ Consent Tabled Until: ______________________________ Regular Other: ___________________________________ Administrator/Engineer’sReport September 28,2022 ELECTIONINFORMATION Absentee – Envelope Process Underway (City Hall, 7:30 a.m. - 4:00 p.m. Monday - Friday) Absentee - Direct Balloting November 1 - 4, 2022 (City Hall, 7:30 a.m. - 4:00 p.m., Tuesday - Friday) November 5, 2022, (City Hall, 10:00 a.m. - 3:00 p.m., Saturday) November 7, 2022, (City Hall 7:30 a.m. - 5:00 p.m., Monday) General Election November 8, 2022 (St. Genevieve’s Community Parish Center, 6995 Centerville Road, 7:00 a.m. - 8:00 p.m.) If you are new to Centerville, moved within Centerville or changed your name due to marriage or divorce, please register or re-register in time for Election Day. If you have questions, please contact: (651) 792- 7933 or Anoka County Elections at: (763) 324-1300. VOLUNTEER OPPORTUNITIES We continue to search for a volunteerto serve on our Parks & Recreation Committee. Volunteering is an excellent way to get involved in the community, and connect with others. Information about meeting schedulesis listed below. Please call city hall at 651-792-7933 with any questions about you may have regarding the opening. Parks & Recreation Committee –Open Seat o Meets monthly on the first Wednesday of the month at 6:30 p.m., in chambers. Adopt-a-Garden Thanks to all the volunteers that participated, again this year, in our Adopt-a-Garden program. The flowers have looked great all season and add a nice touch to our parks system. If you’d like to participate, please contact city hall and we’d be glad to find you a spot to show off your green thumb. PLANNING & ZONING City Code Updates At its meeting on 9/13, a public hearing was held on the following zoning issues: Emerald Ash Borer The Commission consideredand approved updates to clarify that all diseased trees must be removed if they pose a danger to the public. This language is being sent on to the City Council for consideration. Liquor Licenses near Schools The Commission considered and approvedeliminating the radius around schools in which a liquor license would not be issued, siting the many other controls in place to assure the responsible operation of these establishments. This language is being sent on to the City Council for consideration. Stormwater Several updates to our city’s stormwater ordinances arerequired by the city’s Municipal Separate Storm Sewer System (MS4) Permit, which was recently renewed and contains revised language, necessitating these changes. The Commission recommended adoption of the various changes presented. This language is being sent on to the City Council for consideration. Discharge of Firearms While our current ordinance has many restrictions on the discharge of firearms and other projectiles, the Commission consideredstrengthening that language. Given the complexity of this issue, the Commission asked that revised language be brought back to them after consultation with the city attorney. PARKSANDRECREATION VolunteerAppreciationEvent Preparations for the second annual Volunteer AppreciationEvent are being completed. The event has been rescheduled, Carbone’s will be catering the event with refreshments and dessert being provided. Invitations will be forwarded shortly to those that have provided the City with assistance in its many events/areas throughout the year. It is still planned for Hidden Spring Park. The City appreciates their volunteers and this is one way we recognize them for serving. EmeraldAshBorer Do you have Ash Trees? Are you aware of the Emerald Ash Borer? Are yourtrees dying and you do not know why? Do you know the types of trees in your yard? They could be Ash and the City Council just approved Rainbow Tree Care as the City’s preferred vendor for the treatment of Emerald Ash Borer. The City has utilized their services for several trees within parks and at City Hall. Rainbow Tree Care’s telephone number is: 952-767-6920, web site: https://www.rainbowtreecare.com/. They are offeringreduced pricing for treatment, a guarantee, etc. Halloween Hustle 5K/Trunk or Treat Event The city’s Parks & Recreation Committee and EDA have collaborated with the Centennial Community Education and Centennial Alumni Association to offer a “Trunk or Treat” event on October 29, 2022from 10 a.m. to 12 p.m.in the Centerville Elementary School parking lot following the annual Halloween Hustle 5K. Businesses are encouraged to decorate their vehicles and hand out candy, small items, promotional material,etc. The Centennial Lakes Police Department and Centennial Fire District will be on-site to interact with the kids. Click herefor an announcement of the event for businesses to RSVP. As part of the event there will be a 5K run; click hereto register. Come on out and join us for a fun event! ADMINISTRATION Website Redesign The website redesign has been completed and a demo of the new website will be shown to city council at their meeting on September 28. The new website will go live on October 4, which is great news. The launch date for the mobile app is running slightly behind schedule, but things are steadily moving along. A draft of the mobile app has been provided to staff and a demo of the app will also be presented to council at their meeting on th the 28. Centerville’s History Niche Staffand the Anoka County Historical Society are working in coordination on the city’s next exhibit, which will honor our veterans. The installation will occur onor before November 9, which coincides with the city’s first Veterans Celebration. Staff is in the process of securing artifacts for the display,and would appreciate if you could help. If you are a veteran and would be interested in loaning the city an artifact(s) then please contact Athanasia Lewis by email at: alewis@centervillemn.comor by phone at 651-792- 7936. You canalso tell us about your artifact by completing asurvey by clicking here. Meeting and CityHallSchedule October 5, 2022, 6:30 p.m. – Parks & RecreationCommitteeMeeting October 4, 2022, 6:30 p.m. – Planning & Zoning Commission Meeting October 19, 2022, 2022 6:30 p.m. – Economic Development Authority Meeting September 28, 2022, 6:30 p.m. – City Council Meeting CENTERVILLECARES Minnesota Foreclosure Prevention Assistance Program (FPAP) Perhaps you or someone you knowisstruggling as a result ofhigh interest rates and high mortgage payments. Fortunately, Anoka County provides free resources to help residentsfacing these challenges. The Foreclosure Prevention Assistance Program helps Minnesotans who are facing a foreclosure due to a temporary financial crisis or hardship. It will provide help by providing case management services and, if applicable and qualified, a mortgage payment or other financial assistance on a one-time basis.This program is managed and delivered through community-based nonprofit organizations that arelocated throughout the state.Dial 800-710-8871 to talk with someone today, or visit https://www.needhelppayingbills.com to learn more. ECONOMICDEVELOPMENT Quad Area Chamber Calendar September 28, 2022 Marketing Event – 3:00-5:00 October 24, 2022 – Chamber & Rotary Quarterly Social – 5:00-7:00 Visit the QuadAreaChamber Websitefor EventLocations: htptps://www.quadareachamber.org/qacc-calendar749d6a73 th At the Chamber-sponsored marketing event on September 28attendees will have an opportunity to learn about marketing their businesses from a knowledgeable panel of marketing experts. Topics will cover marketing on social media, email marketing, radio advertising, print marketing, newspaper advertising, graphic design, and marketing yourself. There will be a panel discussion, followed by a question and answer session, and then opportunities to network. A food truck and cash bar have also been secured for the event. There is still time to register, which you can do by visiting the Quad Area Chamber’s website at: www.quadareachamber.org. Economic Development Authority (EDA) At their last meeting, the EDA recommended to city council a candidate for EDA appointment. The board also discussed potential scope(s) of work for a market study that focuses on downtown redevelopment. More discussion will follow in the coming months. TheEDA is actively preparing for its annual business appreciation event, which will be held at Hidden Spring Park on October 4 at 6:30p.m. The event is free to the public and everyone is encouragedto attend. Gregory Frahm-Gilles, the Anoka County Regional Economic Development Director, attended the EDA meeting and provided a brief overview of the work he’s been focusing on since he started in his position in August. Finally, the EDA is co-sponsoring a trunk or treat event, with Parks and Recreation and Centennial Community Education, on October 29 at the Centerville Elementary School beginning at 9:45. You will not want to miss any ofthese upcoming events. PUBLIC SAFETY Centennial Fire District The Centennial Fire District is looking for volunteer firefighters. Please contact them at: 651-792-7900 for more information. COMMUNITYDEVELOPMENT ProjectMap Staff has prepared a map ofall active developments to help everyone get a better picture of what’s happening around our community.The number youseeat the heading of eachitemin this section corresponds to a number on the map, which is attached to the end of this report. (9)Block 7 Property(Downtown) The city approved a purchase agreementwith a developer (Schifsky Companies) who intends to builda concept largely similar to the previous proposal from Centra Homes. They are completing some due diligence work and will be looking to begin the zoning process soon. stnd (3)(4)OldMillEstates 1 and 2Additions The developer is adding black dirt and seed to areas in boulevards and around ponds this week. They are also working to finalize wetland and other watershed permits. Construction of the gravel base for the trail between Old Mill Court and Laramee Lane will begin in the next few weeks. Concrete work will be completed in the spring to ensure the base has a chance to settle over the winter. (16) CentervilleSelf Storage Thefacilityis now open for business. The developer has made progress to address drainage issues along the north side of the facility and will continue to work on minor clean-up items. (1) Bay ViewVillas(WaterworksSite) The developer’s landscaping crew has finished work on the shoreline treatments and will be addressing other landscaping items from the punch list. (8)AtlasVillasMemoryCareProject (1825 MainStreet) A Certificate of Occupancy was granted to the facility by the city’s building department. The management company is working on their licensure, through the state and county, prior to opening their doors. (10-14) RehbeinCommercial The contractor is working on punch list items including boulevard restoration. The final lift of asphalt will be paved in September. (13) KwikTrip Construction on the site is in full swing, with the block and steel framing of the building going up this week. A fiber optic line is being relocated, which needs to happen before turn lane construction can continue. The store anticipates opening around the end of December. (11) NorbellaSeniorLiving A grand opening is scheduled for October 13 at 10:00 AM. The public is welcome to come and take a tour of the new facility. (2)PetersonShores Staff met with a prospective builder on site to discuss sewer and water connections as well as grading and driveway issues. (17, 19) RehbeinIndustrial The developer’s contractor continues to work on minor punch list itemsand will need to patch the base course of paving where the water main connection was made. The city is working with the developer on a plan to delay the wear course paving until 2023. (19) SuttonTransport Paving and landscaping work are complete and a final inspection has been scheduled. (15) 2050/2070 MainStreet – American Roofing Supply Landscaping crews have finished their work and the site is fully paved and ready for operations. Gates at the two entrances are being installed. (18) Max Storage (FairviewStreet) The Conditional Use Permit (CUP) has now been sent in to the County for recording and a grading permit has been issued.The building permit is imminent as soon as plumbing and mechanical plans are finalized. (17) Amazon FulfillmentCenter Grading, utilities, parking lot and building pad construction are all moving along, on schedule. Water st main installation along 21 Ave. is now complete. A kick-off meeting for the Corridor Study has been held. The study will prioritize area-wide transportation improvements to address increased traffic from Amazon and surrounding growth. The study will examine st 20th Avenue from Birch Street to 80th Avenue, and the intersection of 21 Ave. and Main Street. E53.ONYAWHGIHETATSRETNI.S.U T E E R T S FOYTIC SEKALONIL R A D E C EUNEVATS12 NEVATS12 EU N K O E T ) E G3 R N C Y H I A C RH W T S E D I U T A D A A H W L C- W I A A M I R K AC I O E LD N CAU 4E J ( 1V I . R O D N " .E D" "" .C FH RE" ". R D" GA . .E V. ." 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C " E " S E L I A K R T A L O N D I E T D AA L C O A R V F O Y D T N U I O M C Y A W K R A P NOITPIRCSED PALREVO 52 12 61 12 KALONILFOYTIC SE COMMUNITY ENGAGEMENT Social Media WebSite MeetingAgenda Administrator’s Report uploaded ParksProgramming CommitteeAgendas/Packetsuploaded CommunityEmailList ReaderBoard Administrator’sReport MeetingSchedules MeetingAgendas Community Events ParksProgramming PUBLIC WORKS Did You Know? The city maintains over 123,000 lineal feet of watermain; that’s over 23 miles! The system also includes: 260 hydrants, 331 valves, 2 wells, and a 500,000-gallon water tower. Commercial Water ConnectionFeeAssistance At the last City Council meeting, the Council voted to extend the program through the end of 2023.The program offers half-priced hook-up charges for businesses hooking to city water. WellheadProtectionPlan The Minnesota Department of Health held a kick-off meeting with city staff and consultants for the implementation of the city’s Part-2 Wellhead Protection Plan. The group reviewed items in the documents and the timelines associated with various activities.Staff will be following up on the action items over the course of the next few months. Well #2 Repairs City staff has applied for a reimbursement grant from Xcel Energy for the installation of the Variable Frequency Drive (VFD), used in the repairs for Well #2. 2022 Thin Overlay Program and City Hall Parking Lot Improvements Construction on this year’s street maintenance project is underway. Spot curb replacements and repairs to storm drain inlets are being completed.The streets will be milled (a machine will grind off about 1 inch) th beginning on September 27. Manholes lids will be adjusted in the days following, with paving to begin rd the week of October 3. Access to the neighborhood and your driveway will be maintained at all times, with the exception of when equipment is immediately in front of your home. Often, this is only for a few minutes or maybe up to an hour at a time. Please do our workers a favor and keep clear of them, whenever possible. If you can take a different route to stay out of their way, that’s always appreciated. City Hall Parking Lot Lighting The City Council reviewed and approvedplans for proposed lighting at City Hall. The work would be quoted for construction in the spring of 2023 in an effort to allow time to secure a grant through the Occupational Safety and Health Administration (OSHA). Annual Business Appreciaton Event ANNUAL BUSINESS October 4, 2022 APPRECIATON 6:00 p.m. – 7:30 p.m. Hidden Spring Park EVENT Please join us for our annual Business Appreciation event, Event Highlights: scheduled on Tuesday, October 4 from 6:00 p.m. to 7:30 p.m. at Keynote Speaker Hidden Spring Park. At this year’s event you will hear from keynote speaker Frahm-Gilles, Anoka County’s Opportunity for new Regional Economic Development Director who will talk Networking with you about regional issues facing businesses. Chance to win You will also have an opportunity to network with your peers, talk prize(s) with members of the city’s Economic Development Authority, Catered meal by and staff. Wiseguys Pizza & Pub There will also be a drawing for an opportunity to win prize(s) equivalent to $250.00 in value! Dinner will be catered by Wiseguys Pizza & Pub, so staff will need to know how many people plan on attending. RSVPto alewis@centervillemn.com on or before September rd 23. In the event there is inclement weather, this event will take place at the Centerville Fire Station located at 1880 Main Street. Thank you for choosing Centerville! Event Sponsored by the City of Centerville’s Economic Development Authority September 22, 2022 Dear Centerville Businesses: The Centerville Parks and Recreation Committee and Economic Development Authority are teaming up to add a new “Trunk or Treat” event to the Centennial Community Education and Centennial Alumni Association’s long running Halloween Hustle 5K. We are ready, are you? Come join us in participating in this fun new event which will take place at the end of the 5k race the morning of October 29, 2022. Past 5k races have been well attended (2021: 151 participants; 2020: N/A-Covid; 2019: 199 participants; and 2018: 150 participants). The goal of the “Trunk or Treat” event is to add additional events, post-race that can be enjoyed by the entire family. The “Trunk or Treat” event will run from 9:45am-12pm on Saturday, October 29, 2022 at the Centerville Elementary School parking lot. We would request that you be in place with your vehicle and decorations completed by 9:30 a.m. If you like, you can contribute by handing out candy, small spooky items (bubbles, plastic jumping spiders, etc, business cards, promotionalmaterials, introducing yourself/business to attendees, etc. See the examples of past year trunk/SUV decorations. Please confirm participation by completing the registration form by October 14, 2022. Here is a link:click here or use the QR Code below: If you have any questions, please contact 651-792-7933. Thank you for your consideration. Centerville Parks & Recreation Committee and Economic Development Authority. Proceeds from the event will benefit the Centennial School District and the Centennial Alumni Scholarship Fund.