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HomeMy WebLinkAbout2001-07-25 CC COUNCIL MEETING WEDNESDAY, JULY 25, 2001 6:30 P.M. I. CALL TO ORDER 1. Roll Call n. SET AGENDA ill. PUBLIC HEARING(S) IV. APPEARANCES/AWARDS (10 min. Presentation & 5 min. Council Q & A) 1. Presentation oftbe Life Time Acbeivement Awards In Memory of Mrs. Sbaron Smitb Mr. Tom Wilbarber 2. Mr. Terry Hannah (Ground Development) 3. Sathe Executive Searcb Firm (7:45 p.m. - 8:00 p.m.) 4. Brimeyer & Associates (8:00 p.m. - 8:15 p.m.) 5. DMG-Maximus (8:15 p.m. - 8:30 p.m.) V. CONSIDERATION OF MINUTES 1. June 25, 2001 Council Meeting Minutes (Tabled) 2. July 11,2001 Council Meeting Minutes 3. July 13,2001 Emergency Council Meeting Minutes 4. July 18, 2001 Special Council Meeting Minutes VI. PETITIONS AND COMPLAINTS 1. Mr. Larry Woiak (6925 CenterviUe Road) VII. OLD BUSINESS 1. Liquor Policy 2. Pheasant Marsb MUSA and Assessment Roll 3. Search Process and Plan for tbe Vacant City Administrator Position 4. Appointing an Interim City Administrator 5. Hiring of a temporary individual (Temp. Agency) 6. Centennial Fire District 2002 Budget 7. Center Street Drainage Issues (Tabled) 8. Prioritization of Adopted Goals 9. Eagle Pass 2nd Edition 10. Quad Cities Police Department Proposal (Status) 11. 21st Avenue Appraisals (provided by Mr. Hoeft) 12. Anoka County Traffic Study Update VIII. NEW BUSINESS 1. Consideration of granting a TemporarylEvent 3.2 Liquor License, Bingo, and Noise Permit for the Originals (August 4,2001) to the Centerville Lion's for the Fete des Lacs Celebration 2. Discussion of preparation of 2002 Budget 3. Consideration of the Wellhead Protection Plan 4. Resolution #01-013 (DNR Grant-Acorn Creek) 5. Pay Estimate #1- Laurie LaMotte Memorial Park (Vinco, Inc.) 6. Consideration of Mr. & Mrs. Stan Hasiak Request (6994 Centerville Road) 7. Fete des Lacs Budget vs. Expenditures IX. CONSENT AGENDA 1. Ken Cook, Building Inspector, - Successful completion of Performance Review and recommendation to Grade 5, Step 6 2. Ms. Kris Sweeney, Account Clerk II, - Successful completion of Performauce Review and recommendation to Grade 3, Step 2 3. The City of Centerville July 12, through July 25, 2001 Expenditures 4. Centennial Fire District Expenditures X. COMMITTEE REPORTS 1. Staff Concerns 2. Committee/Commissions Basic Needs and Concerns XII. PUBLIC WORKS DIRECTOR'S REPORT/CLERK/TREASURER'S REPORT Xli. ADJOURNMENT 07/20/01 FRI 0~:16 FAX 763 ~46 7321 GROUND DEVELOPMENT INC. RESOURCE STRATEGIES CORPORATION '411('11 ~11."d [.,\11 nf<IVt ',\1111 lllli MI~HJI IONk-tI MN I ~IJ H jl, fJll/rd ~ 1'11.1:-; fflX III)/', I l ')','\'1 <)s~ n- oU"~ l)Od~ ^ t.~ ~OO2l015 June 28,2001 Ms. Linda Milashiu5, Referrals Coordinalor Metropolitan Council 230 East Fifth St~ect St. Paul. MN 5510 1 RE: City ofCcntcrvillt: Comprehensive Plan Amendment 2001-1 Dear Linda: Enclosed please find seven (7) copies of" proposed amendment to the City of Omlerville Comprehen$i"le Plan. Thr:: proposed am~ndment has been conditionillly approved by the Cily and involves minor sewer staging. A 55- acre single family detached residential development is situafed within portions of two 5-yea~ staging periods. The City desires to redesignale 10.19 gross/net acres of land from lhe 2001. 200S MUSA staging period to 2006-2010 and redesignate twenty (20) gross acres (15.90 net .acres) of land from the 2006-20 I 0 stagill~ period to 200 {. 2005. Fifty lots within the subdivision will be developed between 2002 and 2005. The remaining 27 lols will be developed after 2005. [t appears that recent regional SOWer improvements serving the C~nlervillc have been completed. This plan amendment does not llffect the existing 2010 sewer flow forecast OT a land use change. You may wish to consider an administrative authorization 10 implement this minor amendment. Please do not hesitate to contact me if YOLl have any questions of require any additional information. Sincerely, Dean R. Johnson, City of Centcrville Planner Encl. 07/20/01 FRI 02:11 FAX 763 !546 7321 GROUND DEVELOPMENT INC. ~003/013 CCILlt:l'vill~ Plal1 AI1l~ndm\)11l Junc2J,2001 Po~~ 2 or Z ce: Jim March, CemervilJc City Administrator Terry Hanna, Ground Dl;lveJopment Jay McLinden, Anoka County Linda Waite Smith, City of Uno Lakes Dr. John Christiansen, Centennial School District Kate Drewry, Rice Creek Watershed District 07/20/01 FRI 02:17 FAX 763 ~46 7321 GROUND DEVELOPMENT INC. ii:lJ004/01~ CIty' of Centerville Comprehensive Plan Amendment 2001-1 June 2001 The City of Centervllle is processing a proposed 55-acre, 77-unit, single-family residential subdivision known as Pheasant Marsh. The development includes 25 gross acres of land located within the 2001-2005 MUSA staging area and 30 gross acres of land located within the 2006-2010 MUSA staging area. The 55-acre site is all designated "low/medium density residential," which prescribes a density of 2,0-2.5 dwelling units per acre, including single~family detached dwellings. Plan Amendment 2001-1 is limited to changing the MUSA staging period for 10.19 net acres of land from 2001-2005 to 2006-2010 and changing the staging period for 15.90 net acres from 2006-2010 to 2001-2005. The MUSA staging amendment accelerates potential sewer service in the City for 5.71 net acres and 12 dwelling units. The 2010 sewer flows are not affected by the amendment. The City anticipates approximately 50 housing units wW be constructed between 2002 and 2005. The balance of 27 units will be constructed after 2005. Net density of the overall development will be approximately 2.1 units per acre. 07/20/01 FRI 02:18 FAX 763 ~46 7321 GROUND DEVELOPMENT INC. ijlJOO~/OH\ Information .Summary for Comprehensive Plan Revisions and Plan Amendments. SECTION ,: GENERAL INFORMATION A. SponsorIng ~overnmental Unit City of Centerville Name of Local Contact Person Jim March. Citv Administrator Address 1880 Main Street, Centervills. MN 55038 Telephone Number 651<-429.3232 FAX Number 651-429-8629 Date of Preparation June 2001 B. Type of submittal _ Overall plan revision or update; or ..L Plan amendment Name of amendment/brief description: Plan Amendment 2001-1: MUSA Staa;na Amendment Land use change (describe): No land US9 Change. Size of affected area (in acres) 55-acre development: 300(0$$ acres/26. 09 net acre starlina area changes MUSA Expansion? -X- No _ Yes. If yes, size of expansion (In acres) Other (Please describe) Revise MUSA staalna in 2001-2005 and 2006-2010 C. Please attach seven (7) copies of the following: J. Completed Information Summary for Comprehensive Plan Revisions and Plan Amendments (this form) 2. The proposed plan revision or plan amendment. 3. A city-wide map showing the location of the proposed change(s). 4. The current plan map, indicating area(s) affected by the revision or amendment. s. The proposed plan map, indfcatfng the subject area(s) of the reVision or amendment. D. What is the official local status of the proposed plan revision or amendment? (Check all that apply.) If a report regarding this plan revision or amendment was prepared for the local Planning Commission or City Council please include one (1) copy of that report along with the submittal package. -X.. Acted upon by planning commission (if applicable) on 5/1101 date. .Jt Approved by governing body, contingent upon Metropolitan Councif review 011 6/27/01 date _ Consideredl but not !pproved by governing body on date. _ Other (please describe) E. Ust adjacent local governmental units and other jurisdictions (school districts, watershed districts, etc.) to which copies of the plan revision or amendment have been sent, and the date the copies were sent to them. (Required by Minn. Stat. 473.858/ Subd. 2). Distributed on 6/28/00; Anoka County Cltv of Llno Lakes Centennial School District Bic;e Creek Watershed District 1 07/20/01 FRI 0~:18 FAX 763 1146 7:121 GROUND DEYELOPMENT INC. IaI 006/0111 SECTION II: CONFORMITY WITH METROPOLITAN SYSTEM PLANS A. Transportation 1. Does this plan revIs/on or amendment potentially increase existing trip generation (use Institute of Transportation EngIneers trip-generation manual)? ..L No . . if no, Skip to #5. _ Yes. . if yes, · What is the estimated average dally traffic increase? · What is the estimated peak hour traffic increase? 2. Does the existing local and regional road network (including metropolitan interChanges) have the capacity to accommodate planned land use(s)? DYes o No . . if no, brieAy describe the improvements to local or regional roads or interchanges that will be required to accommodate the planned use(s): Are these improvements induded in a Capital Improvements Program? CJ Yes. . briefly describe who will pay for improvements I:l No . . Please explain 3. Does this plan amendm~nt impact transit service or fadlities--sither positively or negatively? o No o Yes . , briefly describe 4. Can the potential traffic impacts of the land use be mitigated by implementing Traffic Demand Management (TOM) strategies or through land use and urban design measures that encourage alternatives to single occupancy vehicles (SOV)? Cl No DYes. . please descrIbe (e.g., park & rides, flexible work hours, mixed land uses) 2 07/20/01 FRI 0~:19 FAX 763 546 1321 GROUND DEVELOPMENT INC. ~001/015 5, Is this proposed land use change located adjacent to a principal arterial or "A" minor' arterial? ....x.... No - Yes . . pl~ase describe site access to the arterial, and whether locatIon and spacing of the access is consistent with Access Spacing Guidelines 6. Does the proposed plan revision or amendment positively or negatively affect pedestrian Or bike systems' ~No ..lL Yes. . please describe the effects There is a prooosed trail seament th,.t will run throuoh the develoJJ.ment The trail will connect to the Anoles County Trail Svstem. located on CSAH-21. and westerlv to the Rice Croak Chain of Lakes Reaional Park RoseNe. B. Wastewater Treatment 1, Total flow for community based on existing plan: year 2000: 0.299 million gallons/day (mgd) year 2010: 0.436 milIJon gallons/day (mgd) 2, Total proposed flow fer communltyl based on plan revision or amendment: year 2000: 0.299 million gallons/day (mgd) year 2010: 0.436 million gallons/day (mgd) 3. If community discharges to more than one metropolftan interceptor, indicate which interceptor will be affected by the revision or amendment. 4. Will flows be diverted from one interceptor service area to another? ...x.. No _ Yes . , if yes, describe the chi!lnge and volumes (mgd) involved 5. ls any wastewater flow an intercommunity flow to an adjoihing community's sanitary sewer system? l No _ Yes. , If yes, enclose a copy of the inter-community agreement. 6. Has the community adopted a comprehensive program for the management of on-site septic systems? ANo Yes ~ Not Applicable. . please explain Cit~ reQuires connection of all residences and businesses to the municioaJ sewer system. 3 07/20/01 FRI 02:20 FAX 763 546 7321 GROUND DEVELOPMENT INC. ~008/01!3 C. Aviation 1. Has the community adopted (inloca! COdes/ordinances) a "notlfication" element to protect regional airspace? _No ...x.. Yes 2. Do the proposed changes In the plan revision or amendment involve areas within /!In airport influence area or alrport search area7 L No (IF no, skip to D. Recreation Open Space) _ Yes, , if yes, please answer "a" and lib" a. Do the proposed changes affect the functioning of the airport(s) as defined in the approved airport Long. Term Comprehensive Plan? _ Yes (If yes, please refer to the local plan content requirements as identified in the Aviation Policy Plan.) _ No, (If no, go to 2.b.) b. Are the proposed changes in tile plan revision or plan amendment Consistent with guidelines for land use compatibility and aircraft noise guidelines in the Aviation Policy Plan? _Yes _ No (If no, please explain) D. Recreation Open Spaco 1. Does the plan revision or proposed amendment affect existing or future federal, state or regional parks, park reserves or trails? No -X.. Yes. , please describe Amendment e)(l'~nds link to T8!JJonal trail system. . 2. Does the plan revision or amendment Indude a trail segment in, or a connection to a regional trail or park? ~No --L Yes (connection) III. IMPACT ON LAND USE A. Overall Comprehensive Plan Update/Revision If you are submitting a plan reYlslon and you are using your own community's land use data, please attach copies of Worksheets A and B--Tab 9 in the Handbook. 4 07/20/01 FRI 02:20 FAX 763 546 7321 GROUND DEVELOPMENT INC. ~009/015 'a. Plan Amendment Questions 1, 2 and 3 below apply to plan amendments involving a iand use Change and/or MUSA expansion area. 1. for the area in the amendment: a. Existing land uses In acres: Low/Medium Densitv: 55-acre ~tIbd;vision b. Proposed land uses In acres: No Chanqe 2. For residential use amendments: a. Number of residential dwellIng units and types (single, multi-family) involved under e:xlstlng plan 77 sinGle-family units under proposed revIsion/amendment 77 sinQle-familv uniq b. Density under existing plan 2.0 . 2.5 DUA under proposed revision/amendment 2.1 DUA c. Anticipated change in the number of students In the school system under existing plan under proposed revision/amendment No Change 3. For commercial/industrial/institutional use amendments: NIA a. Square footage of commercial structures under existing plan under proposed revision/amendment b. Square footage of industrial structures under existing plan under proposed reyiSion/amendment c. Square footage of institutional structures under exlstlng plan under proposed revision/amendment d. Number of employees under existing plan under proposed revision/amendment C. Housing 1. Will the plan revision or amendment affect the avallablllty of affordable or Iife.cycle housing in your community? -L No (skip to D Environmental Resources) _ Yes. . please describe O. EnvIronmental Resources 1. Will an Environmental Assessment Worksheet (EAW) be prepared for the plan revision Or amendment? ..x. No _ Yes. . If yes, what is the schedule for completion of the EAW? s 07/20/01 FRI 02:21 ~~ 763 546 1321 GROUND DEVELOPMENT INC. ~010/01!3 2. Does the plan revision or amendment affect a state or federal prote(;ted wetland? .x.. No - Yes. . if yes, please inclUde a map showing the location of the wetland. Describe the t'/pe of wetland affected and tell how it will be protected or how impacts will be mitigated. 3. Will the plan revision or amendment potentially affect the quality of any surface water body? _No -L. Yes . . if yes, identify water bodies affected and describe the impacts and planned efforts to protect the water body: The water troatmant Donds within the deveJoDment should imDrove water aualitv from surface water runoff. ThQ /JroOOseC'J development is within Y$ mile of Cenlerville Lake and within l4 mile of County Ditch No. 47. 4. Does the plan revision or amendment .!'Iffect any land in the Mississippi River Critical Area? -.lL No _ Yes. . jf yes, briefly describe relationship to the Mississippi National River and Recreation Area Comprehensive Management Plan 5, 1f the community has a municipal water supply system, does the local water supply plan meet the requirements of Chapter 186 of 1993 Session Laws? ~ Not Applicable No -X- Yes . . if yes, will the proposed plan revision or plan amendment affect your water supply plan? ..x. No _ Yes If yes, how? 5. Has the community adopted a local surface water management plan? -X... No . . jf no, has the community adopted the Council's Interim Strategy to Reduc~ Nonpoint Source Pollution to all Metropolftan Water Bodies? _No -X- Yes Yes. . if yes; will the proposed plan revision or plan amendment affect your local surface water management plan? . _ No - Yes if yes, how? A draft ~Ian was.,preDared sev:ral Y'~ars :o~:\g~ adoDted bY the City. The City Council has authorized a c ntra wi _ _: Enaineer to comorete II 10Ci!II1 surface water management Dlan. The ~Ia... i; antidoated ~o be comDleted by tbe end of the Year. - 6 07/20/01 FRI O~:21 FAX 763 1546 7321 GROUND DEVELOPMENT INC. ~0l1/01!5 IV, IMPLEMENTATION PROGRAM A. Will the plan revision or amendment require changes in zoning, subdivisIon, on-site se"ver ordinances or other official centrols? -..X.. No _ Yes If yes, when? Describe proposed changes: B. Has your community adopted a Capital Improvement: Program (CIP) to implement the initial stages of the proposed plan or plan amendment? _No ..L Yes If yes, what changes will be needed in your communit-ls Capital Improvement Program to implement the plan revision or amendment? None. nOLi 7 07/20/01 FRI 02:22 FA..'i: 763 546 7321 GROUND DEVELOPMENT INC. Jal012/015 Utility Staging;' MUSA Additions Figure 12.B ..... ~l " '. ". -\ '-, '" ........-.....-,::"1"'- . . " ....." ..,..... ...,.".- 1- ~- o [ 0.25 Miles 0.5 -.:= " J / / ~., " '\.... \. ......... .> . ,/.- , ~ Plan Amendment 200 I-I: !t.ruSA changes ~ 2006-201010 2001-2005 MUSA change ~ 2001-200$ 10 2006-2010 MUSA change N1 ~ lteSO~e Str'dte.gies Corpc;lIllti on June 2()(j 1 I I / ! L2.tervilk l' 'CMULf1d 1m Ll CUrrenl MUSA ~~ 1996-2000 Addition . ...1 ParklRecrcalion Arel.ls . . 2001-2005 Adwt10n . . . . ~ . Wetlands r~<'~ 20OG-2010 Addhion ~:':o:, ,-'....,'1. ' m'.....~ .. '.IP' .I.'~, ,.,',' Floodplain 2011-2(i20 Addltion :;~;:;:::::;:I .... l \ \ '. "- ......--- ,.' ........ 43 KAREN E. MARTY Attorney at Law 3601 Minnesota Drive Suite 880 Bloomington, MN 55435 Telephone: (952) 921-5859 e-mail: krnarty@ix.netcom.com Fax: (952) 830-8211 July 20, 200 1 Jim Hoeft Barna, Guzy & Steffen, Ltd. 400 Northtown Financial Plaza 200 Coon Rapids Boulevard Minneapolis, MN 55433 Dear Mr. Hoeft: Ground Development, Inc. representatives and I have reviewed the proposed Development Contract for the Pheasant March development in Centerville. We have a few requests, in order to bring the contract in line with the new assessment law, and to clarify provisions relating to this particular project. The proposed changes are attached. To make it easier for you, I also drafted suggested language for several of those items. If you have questions, please let me know. I appreciate your consideration. Sincerely, Karen E. Marty Attorney at Law cc: Terry Hanna, Ground Development, Inc. Teresa Bender, City Clerk - Treasurer (by email, per request) Proposed Changes to Development Contract 1. Change the second Whereas paragraph to reflect that the Developer has requested the City to construct many of these improvements, as described in paragraph C on page 5 of the Development Contract. Possible language could read as follows: Whereas the Developer has requested the City to construct all surface streets, sidewalks, curb and gutter, recreational trails, storm sewer, drainage facilities, water main and sanitary sewer facilities, hereinafter referred to as "Street and Utility Improvements; and Whereas the Developer and the City desire to establish financial responsibility for the Street and Utility Improvements; and 2. Insert a new paragraph to deal with the fact that Ground Development is not also the builder. Landscaping is put in by the builder, and Ground Development will require the builders to do the landscaping as per the approved landscaping plan. The proposed paragraph is as follows: Landscaping. The Developer shall require all builders within the subdivision to install such landscaping as required by Development Covenants or City ordinance 38.01-5 whichever is more restrictive. 3. Request changing paragraph B.2.a.iii (on page 3) to simply have the monumentation done within 180 days after filing the final plat. 4. Clarify the landscaping requirements in paragraph B.2.a.v (on page 3) by deleting "other requirements" and inserting "Developer's approved landscape plan." 5. Clarify the "increments" in paragraph B.2.c.iii either by providing that the increments are "as set forth in Developer's Phasing Plan", or by inserting "Engineer" after the word "City", to give a particular individual responsibility for designating the increments. 6. Change paragraphs B.2.e and f (on page 4) to insert "or surety bond" after "Letter of Credit" each time it appears. Change the 150% to a more standard 110%. 7. Add the new statutory requirement relating to special assessments into paragraph c.. Possible language is as follows: As provided by Minn. Stat. 9462.3531, this waiver of rights of appeal is effective only for the amount of assessment estimated in the Feasibility Report. 8. $12,500. Clarify the last paragraph of paragraph C to indicate that the cash escrow is in the amount of 9. Add language to paragraph C explaining the formula for dividing the special assessments between the benefitted properties. This change is due to the new statute (Minn. Stat. 9462.3531), which does not allow the City to simply put the developer's estimated assessment in the contract, but rather places a cap on the City's assessment authority. Weare proposing language which leaves full authority with the City Council, rather than risking have conflicting provisions in the City Council's Assessment Role and in the Development Contract. Such language could be as follows: Special assessments shall be divided between the benefitted properties based on the formula and approach approved by the City Council in its Assessment Role for Pheasant Marsh. 10. Change paragraph E, due to the new statute, to begin as follows: "Except as limited by Minn. Stat. 9462.3531, the Developer. . ." 11. Clarify paragraph I to indicate that the Developer still may sell lots to builders. Such language could read as follows: Nothing in paragraphs 1 and 2 of this paragraph I shall be construed to limit or restrict Developer's right or ability to sell lots to builders. 2 June 27, 2001 Council Meeting Minutes CITY OF CENTERVILLE CITY COUNCIL MEETING June 27, 2001 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting on June 27, 2001, at City Hall, 1880 Main Street. PRESENT: Mayor Tim Swedberg Council Member Dick Travis Council Member Mary Capra Council Member Linda Broussard Vickers Council Member Mari Nelson I. ABSENT: None STAFF: City Administrator, Jim March City Attorney, Jim Hoeft City Engine , Tom Pete Council meeting to order at 6;31 II. . to be added under Appearances/Awards Motion by Council Member Broussard-Vickers. seconded by Council Member Capra to approve the agenda with the noted additions. Motion carried unanimously. III. PUBLIC HEARING (S) Pheasant Marsh - Assessment Roll Mayor Swedberg opened the public hearing for the Pheasant Marsh Assessment Roll at 6:37 p.m. Mr. Peterson reviewed a handout regarding assessment calculations and compared same with the Hunter's Crossing assessment calculations. Mr. Peterson stated that the total amount assessed for the Pheasant Marsh project would be $57,834. Mr. Peterson explained that the Wilharber portion of the assessments would be approximately $41,267 and the Eide portion would be $16,567, based on similar assessment pricing from Hunter's Crossing assessment calculations. Page 1 of 12 June 27, 2001 Council Meeting Minutes Mr. Tom Wilharber, 6949 Centerville Road, stated that he had received six (6) different proposals on assessment amounts from the City, each being different. Mr. Wilharber reviewed same and stated that services would not be at his property until 2006 and it was a rather larger amount of assessments. Mr. Wilharber stated that there would be no present benefit to the Wilharber Estates. Council Member Capra stated that she had completed research on assessments and stated she had heard of large assessments on farms and Green Acre properties being deferred until the property was sold. Mr. Wilharber stated that this would be Council decision. Mayor Swedberg questioned the request of Council this evening. Mr. Hoeft stated that this is a public hearing and no action was needed at this time. Mr. Hoeft stated that this was an opportunity for those property owner that would be affected by the assessments and benefit from the services to be heard. Ms. Karen Marty, attorney for Ground Development, stated that she was before Council to request that they treat Ground Development similar to other developers that have been before the City. Ms. Barney requested that the Council consider past developments and assessments when moving forward with this item. Ms. Marty stated that Council may choose to defer assessments on farms and green acre properties. Ms. Barney stated that she had spoken with a representative from the Metropolitan Council who indicated their willingness to allow this property into the MUSA prior to 2006. Ms. Marty again requested that Council consider the Pheasant Marsh development uniformly. Mr. Terry Hannah, Ground Development, reviewed the Pheasant Marsh assessments along Centerville Road and the various options available to the Council. Mr. Hannah reinforced the fact that Ground Development would like to see uniformity in the assessment policy from the City. Mr. Gerald Wilharber, 3539 Glen Oaks, White Bear Lake, questioned the present benefit the services would provide to the Wilharber Estate. Mr. Peterson stated that the property would gain access to water and sewer along the east side of Centerville Road. Mr. Gerald Wilharber questioned additional fees associated with acqumng services from the east side of Centerville Road. Mr. Peterson indicated the additional fees would include a boring fee of $25 per foot across Centerville Road along with stub fees. Mr. Tom Wilharber indicated that Ground Development is looking for uniformity but stated the developer is gaining immediate sewer and water access while his property would not, as stated in the City's Comprehensive Plan. Mr. Wilharber requested that Council consider the vision of the City with this development. Mr. Tom Wilharber stated that he understands that the Metropolitan Council is willing to modify the MUSA for his property prior to 2006, but stated that there is also a Page 2 of 12 June 27, 2001 Council Meeting Minutes possibility of delaying this until 2010. Mr. Wilharber cautioned Council as they considered future developments in conjunction with the vision of the City. Council Member Travis acknowledged Mr. Gerald Wilharber's comment as the property would not have access to sewer and water on the west side of Centerville Road through the assessment fee and that it could not be accessed until 2006. Council Member Nelson stated she felt the value to the property would be increased with sewer and water, even if it was in the distant future. She indicated she desired Council to comply with the Comprehensive Plan and not push sewer and water through before recommended. Council Member Nelson explained she would like to see uniformity with the assessments in the City as well. She stated she would consider a deferral as this was an agricultural portion of land and owned by senior citizens. Council Member Broussard Vickers asked if Tom Wilharber owned all lots within Wilharber Estates. Mr. Wilharber stated he owned one lot, and the others were a part of the Wilharber Estate. He indicated the lots within the Wilharber Estate were both green acres. Council Member Broussard Vickers questioned if green acre properties are exempt from paying assessments. Mr. Hoeft stated this was the case. Council Member Broussard Vickers reviewed the assessment policy that the Council used for Hunter's Crossing. She noted the developer of Hunter's Crossing was made to pay 50% of the total assessments. Council Member Broussard Vickers explained she felt Ground Development should be charged as a landowner and developer with this assessment. Council Member Broussard Vickers indicated she would be in favor of the Wilharber Estate deferring their assessment in total or passing off this assessment until 2006 when the services would be accessible. Council Member Capra noted she spoke with neighboring community's assessments on properties that are green acres and owned by senior citizens. She noted she was in favor of deferring assessments on this property as this parcel meets both qualifications. Mayor Swedberg read through a prepared document concerning development assessments. He explained the importance of being fair and equitable with all residents. Mayor Swedberg also mentioned the importance of maintaining the small-town feel of the City of Centerville. He questioned who benefited from development. Mayor Swedberg indicated deferring the assessment on the Wilharber property would only pass the bill along to all other residents. He stated this may not be the most fair and equitable solution for the City. Page 3 of 12 June 27,2001 Council Meeting Minutes Mayor Swedberg explained he felt this run of water and sewer could have been completed from Center Street at a lower expense than along Centerville Road. He noted he felt all the benefit of this extension would be borne by the developer and not the residents along Centerville Road, therefore all expense should be passed along to the developer. Mr. Hoeft stated the proposed extension is going to be completed by the City and then bonded. He noted the City does not want to go forward with this item if there were any disputes to the amounts of the assessments. Mr. Hoeft reviewed the past issues with Hunter's Crossing and explained the developer finally had to step forward to resolve issues to not prolong the project. Mr. Hoeft noted all assessment amounts are stated within the Developer's Agreement. He stated the City would then hold the developer to the stated assessment amounts. Mr. Hoeft indicated if the developer was not willing to deal with the amount stated by the City then the development would not go through. Mayor Swedberg stated he would be in favor of 100% of the assessments being borne by the developer and questioned if the developer had to go down Centerville Road. Mr. Tom Wilharber indicated the Wilharber Estate does not need sewer and water access at Centerville Road as they could gain access from the Hunter's Crossing development. Mr. Hoeft noted the current assessment policy in place is with respect to already developed properties or existing developments. He indicated raw land and subdivisions do not have their own policy as they are all unique. Mr. Hoeft stated this means there has been no uniform assessment policy in the past. Mr. Hoeft stated he felt there would be a benefit to the Wilharber property but stated this amount was unknown as it's benefit would not be known for five years. He explained a developer is going to pay more going along Centerville Road but indicated the Council would need to determine this amount. Mr. Hoeft stated a deferral would be an option, but indicated the Council would need to establish a drop-dead date to set up a time frame for payment. He indicated this would allow for the 2006 MUSA date to arrive. Council Member Capra asked if the City could be allowed to develop the Wilharber Estate before 2006. Mr. Hoeft indicated MetCouncil would allow for this, but stated the Comprehensive Plan for the City does not allow for this development. Mr. Hoeft advised the Council to not take any action on this item until a Developer's Agreement was in place to rule out any contesting of the assessments. He stated all parties involved would need to agree on this item before the assessments should be approved. Page 4 of 12 June 27, 2001 Council Meeting Minutes Council Member Nelson questioned if a benefit could be determined or appraised for these properties. Mr. Hoeft indicated by setting 100% of the benefit to the developer no contest would be brought up, but then indicated the development may not go through if the developer won't agree to pay 100%. Mr. Hoeft explained the Ground Development attorney forwarded a Developer's Agreement to the City but noted revisions were being made at this time. He stated the percentage of distribution of assessments would be made a part of the agreement after discussions with the developer. Council Member Broussard Vickers asked if the original time line was included within the Developer's Agreement. Mr. Hoeft stated a time line has not been agreed to as of yet, but stated all things could change, depending on if the developer and City can come to terms with the assessments. Council Member Broussard Vickers noted she would just like to see a "no sooner" date placed within this agreement. Mr. Hoeft stated this should not be an issue as they work through the Developer's Agreement. Council Member Nelson indicated she felt it would be helpful if all parties involved corne together and work with the City Attorney and staff to resolve the assessment issues. Mr. Hoeft asked that the Council table the public hearing to a future date when the matter can be brought back to the Council, when further information is gathered. Motion bv Council Member Capra. seconded by Council Member Nelson to table the public hearing to a future date to allow for assessment discussions with Ground Development. All in favor. Motion carried unanimously. Mayor Swedberg called for a five-minute recess at 7:43 p.m. The meeting resumed at 7:51 p.m. IV. APPEARANCES/AWARDS Tom Kuehn - Permit Discussion Mr. Kuehn indicated he was before the Council to request a road permit to allow for a nine-ton vehicle on Heritage Street to allow for him to bring materials into St. Genevieve's Church building. Mr. Peterson noted he had no objections as the road was already in poor condition at this time. Motion by Council Member Capra. seconded by Council Member Travis to approve Mr. Kuehn's request to carry five to six loads over Heritage Street at a nine-ton load limit. All in favor. Motion carried unanimously. Page 5 of 12 June 27, 2001 Council Meeting Minutes V. CONSIDERATION OF MINUTES June 13,2001 Council Meeting Minutes Motion by Council Member Broussard Vickers. seconded by Council Member Nelson to table the June 13. 2001 Council meeting minutes as the Council Members did not have time to review the minutes. Motion carried. VI. PETITIONS AND COMPLAINTS - None. VII. UNFINISHED BUSINESS - None. VIII. OLD BUSINESS Downtown Revitalization Mr. March asked that the City Engineer review the alternate water main solutions for the downtown revitalization. Mr. Peterson reviewed Option I as being the original plan with a water main from Chauncey Baret to Westview Street with a 12" water main south of Main and 8" pipe north of Main. He stated this option would provide the best overall looping system with additional sources of water for the school and Lakeland Hills. Mr. Peterson explained the total cost for this option would be $170,000. Mr. Peterson explained Option 2 would be to extend a 12" PVC water main on Main Street from Progress Road to Centerville Road. He explained this option does not allow for any looping at this time, but could be connected to future developments. Mr. Peterson indicated the total cost for Option 2 would be $45,000. Mr. Peterson indicated Option 3 would be the same as Option 2 with an additional 1" copper service pipe to the west of Centerville Road. He noted this would get service to the church and two properties on the north side of Main Street. Mr. Peterson indicated the cost for this option would be $55,000. Mayor Swedberg thanked staff for their research and comments. 21 st Avenue (Joint Powers Agreement & Feasibility Study) Mr. March stated an appraisal is being completed at this time and he is waiting for further feedback. Turcotte Purchase Agreement Mr. March indicated this was presented at the last meeting and asked the City Attorney to review this item with the Council. Page 6 of 12 June 27, 2001 Council Meeting Minutes Mr. Hoeft reviewed two issues in the Purchase Agreement with the Council. He stated the original closing date was June 29th but noted he was contacted by Ms. Turcotte's attorney stating they would like to close on July 13th. Mr. Hoeft noted Ms. Turcotte has found housing as of August I st and would be willing to rent back the property between July 13th and August 1 st. Mr. Hoeft noted today he found out there were some issues with the title of the property. He indicated the issues were significant enough that the title company would not insure the property until these items were resolved. Mr. Hoeft stated the expense to clear up these items would range from $3,000 to $5,000. He stated the Council could resolve these items after purchase or ask the Seller to resolve these items with a reduced purchase price amount. Council Member Nelson asked if it is the general practice for the Seller to clean up the title. Mr. Hoeft stated this is usually the case, but stated the City has already agreed to pay $1,000 to $1,500 for recording and filing fees. Mayor Swedberg asked what would need to be done to clear the title. Mr. Hoeft stated a registration process would take place to notify those interested in the property. He indicated he does not anticipate anyone corning forward with the registration of this parcel. Mr. Hoeft noted the only problems are with the legal description of the property and that there were not liens against the property. Council Member Broussard Vickers asked what would happen if the title could not be cleared. Mr. Hoeft stated the Council would have to buyout the person challenging the property. He indicated he does not anticipate this taking place, but that it would be the procedure in a worse case scenario. Council Member Broussard Vickers asked if a larger down payment could be offered to Ms. Turcotte to allow the closing date to be delayed until the title was cleared. Mr. Hoeft stated this could be an option but noted he would have to approach her attorney with the Council's concerns. He asked that the Council keep in mind the value of the property versus what the City is paying for it. Council Member Nelson noted she would not be in favor of picking up the additional expense for the title registration. Council Member Broussard Vickers indicated she was in favor of the expense if it meant getting the property and not having it owned by a private party. Council Member Capra questioned how long the title registration and clearing process would take. Mr. Hoeft stated he anticipates the process being eight to twelve months. Mr. Hoeft asked for direction from the Council on this issue. The Council advised Mr. Hoeft to speak with Ms. Turcotte's attorney and report back at the next Council meeting. IX. NEW BUSINESS Page 7 of 12 June 27, 2001 Council Meeting Minutes Pheasant Marsh - Comprehensive Plan Amendments Mr. March reviewed the comprehensive plan amendments regarding the MUSA additions and utility staging with regard to Pheasant Marsh. Mayor Swedberg asked if the developer was set on developing this as suggested or if he would consider running the water and sewer down Center Street. Mr. Hannah noted he may need some time to reconsider and asked that the item be tabled. Motion by Council Member Nelson. seconded by Council Member Capra to table the Comprehensive Plan Amendments as presented by staff. All in favor. Motion carried unanimously. Waterworks Beach Club Liquor Violation Mr. March indicated Waterworks received a liquor violation when tested for compliance by the police department. He noted a portion of the Minnesota Statutes that covers license revocation, suspension or civil penalty was included in the packet for the Council to review. Mr. March also reviewed the City of Plymouth's liquor violation ordinance and subsequent fines. He noted following this code, Waterworks should be fined $500. Mayor Swedberg asked if this was an allegation or fact. Mr. Hoeft stated this was a fact and noted action was needed by Councilor the State would step in. Council Member Capra questioned how a five-day suspension would be determined. Mr. Hoeft stated he did not assist in drafting the policy for the City of Plymouth, but noted this was up to the discretion of the Council, as he understands it. He explained the Council would be able to determine these days, if deemed necessary. Council Member Travis asked that this policy be placed on an agenda for future discussion. He stated he would be in favor of the $500 fine. Council Member Nelson indicated she felt a $500 fine was not enough of a penalty to show the displeasure of the City with this establishment. Mayor Swedberg indicated he would like to see Waterworks have their license suspended for a day of business. Council Member Nelson concurred stating the fine would also be acceptable. Mr. March cautioned the discretion of the Council as the City would not want to show favor to certain establishments over others. Mr. Hoeft concurred. Mayor Swedberg questioned what action the Council would like to take. He stated he did not know what an appropriate fine would be. Page 8 of 12 June 27, 2001 Council Meeting Minutes Council Member Broussard Vickers stated without this policy in place it would be difficult for the Council to set an amount. Council Member Capra stated she felt a nominal fine would be only a slap on the wrist. She indicated more action should take place. Council Member Nelson concurred and stated she would like to see a $1,000 fine. Motion by Council Member Travis. seconded by Council Member Broussard Vickers to fine Waterworks $500. Motion failed 2-3 (Cat>ra. Nelson. and Mavor Swedberg opposed). Mr. March stated he could send out letters to local establishments to allow for input from stakeholders and residents on this issue. He indicated this would allow for the City to create a violation policy. Council Member Capra stated she agreed with a uniform policy. She indicated she would like to know how many violations Waterworks has had in the past five years. Motion by Mayor Swedberg. seconded by Council Member Capra to table this item for lack of a policy on the City's part. Motion failed 2-3 (Nelson. Broussard-Vickers. and Travis). It was noted by the Council, this fine would only apply to this request with a policy to be determined at a future date. Motion by Council Member Nelson. seconded by Council Member Capra to fine Waterworks $1.000 for serving to a minor. Motion carried 4-1 (Broussard-Vickers opposed). Employee Wages and Benefits Mr. March explained he is still waiting to hear back from the League of Minnesota Cities on this item. Ordinance #4 Amendments Mr. March reviewed the amendments to Ordinance #4 with the Council. He noted the amendments were with regard to accessory structures and uses of swimming pools. Motion by Council Member Broussard Vickers. seconded by Council Member Nelson to approve the amendments to Ordinance #4 as presented by staff. All in favor. Motion carried unanimously. Quad City Police Department Investigation Page 9 of 12 June 27, 2001 Council Meeting Minutes Mayor Swedberg noted a meeting was held on June 27th with the four mayors of Lino Lakes, Centerville, Circle Pines and Lexington to discuss going from a three city police department to a quad city department. He noted the organization would follow the same model as the fire department. Mayor Swedberg indicated he felt this shift would only increase service to all cities involved. He noted this was not a contract for service but a partnership for the cities. Mr. March indicated there would be ajoint meeting on June 28, 2001 at 7:00 p.m. regarding the Tri-City 2002 budget at the City of Lexington. He encouraged all Council members to attend. Mr. March stated the City of Lino Lakes is suggesting a task force be created among the Mayors and City Administrators of the four cities involved. He noted the next meeting would be held on July 13,2001. Parks and Recreation Committee Recommendations Mr. March gave an overview of the Park and Recreation Committee recommendations. He reviewed the carry over from the 1999 park dedication funds as being $31,675 with an additional $74,000 from Hunter's Crossing. Mr. March stated the 2001 budget for the capital outlay was $50,000, with interest of$1,338 for the year 2000 giving the park fund a total of$157,013. He indicated the Park and Recreation expended $17,060.96 through June of 200 1 leaving them $139,952.04 for the proposed expenditures before the Council. Council Member Nelson questioned how short the Park and Recreations was at this time. Mr. March stated they were roughly $42,000 short at this time for their proposed expenditures. Mayor Swedberg stated he had concerns with the concession stand regarding health and safety measures. He noted a needs assessment should be completed before this items proceeds. Council Member Travis concurred. Council Member Broussard Vickers noted Mr. Bisek stepped forward asking the City to allow him to sell concessions at LaMotte Park temporarily for the year 2001. She noted Mr. Bisek would be responsible for pulling all necessary permits and absorbing all costs incurred, including sales tax. Council Member Broussard Vickers indicated the Park and Recreation Committee would leave it up to Mr. Bisek to determine what and when to sell items at the park. Council Member Nelson stated she would not like to see the Council step into this until a needs analysis was determined by the Park and Recreation Committee. Page 10 of 12 June 27, 2001 Council Meeting Minutes Mayor Swedberg concurred stating he felt this position would have to be opened up to the public to allow all those interested to come before the City. He indicated once standards were established he would not object to the vending. Motion by Mayor Swedberg. seconded by Council Member Nelson to table allowing Mr. Bisek's concession stand at LaMotte Park until a needs analysis could be completed. Motion carried 4-1 (Broussard Vickers opposed). Mayor Swedberg questioned the $8,300 involved only the fencing at LaMotte Park. Mr. March stated the $8,300 was not just for fencing at the park but to prep and wire a scoreboard for LaMotte Park. He explained the fencing would cost $2,800, the groundwork would be $3,000 and $2,500 would be needed for the relocation and wiring of the scoreboard. Mayor Swedberg asked if the City Engineer approved of these recommendations. Mr. Peterson reviewed alternates with the Council and asked for approval of his recommendations. Motion by Mayor Swedberg. seconded by Council Member Broussard Vickers to approve the maintenance items at LaMotte Park as suggested by the City Engineer. not to exceed $5.500. All in favor. Motion carried unanimously. Issuance of Peddler/Solicitor's License - Infinity Advertising Mr. March stated Infinity Advertising is before the City to request a peddler's license for a door-to-door permit. He noted the proper background checks have been completed with the police department. Mr. March indicated Infinity Advertising has paid the proper permit fees. Motion by Council Member Nelson. seconded by Council Member Capra to approve the peddler/solicitor's license from June 28. 2001 to July 28. 2001 subject to payment of the appropriate City fees for Infinity Advertising as noted by staff. All in favor. Motion carried unanimously. x. CONSENT AGENDA The City ofCenterville June 14 through June 27. 2001 The Council took a minute to review the disbursements as they were handed out at the meeting. Motion by Council Member Nelson. seconded by Council Member Capra to approve the expenditures for the City from June 14. 2001 through June 27. 2001. All in favor. Motion carried unanimously. Centennial Fire District Expenses Page 11 of 12 June 27, 2001 Council Meeting Minutes Motion bv Council Member Nelson. seconded bv Council Member Capra to approve the Centennial Fire District expenditures. All in favor. Motion carried unanimously. XI. COMMITTEE REPORTS · Council Member Capra stated the cable commission was meeting tonight. . Mayor Swedberg noted he attended the League of Minnesota Cities conference. He explained it was a great experience to find numerous cities were struggling with similar issues as the City of Centerville. Mayor Swedberg encouraged the Council Member's to get involved with this in the future, if possible. XII. ADMINISTRATOR'S REPORT Mr. March indicated there would be a rate increase for electrical permit fees from Suburban Inspections, as there has not been a rate increase for the last five years. He stated this rate would be consistent with the City of Lino Lakes. Council Member Travis asked if there were many complaints with the current service provided by Suburban Inspections. Mr. March stated there has been several complaints regarding the time calls can be taken. Council Member Travis stated he felt it was very difficult to get an electrical inspection within the City and to arrange for these inspections. He cautioned the raise if the service is not meeting City requirements. Mr. March noted the inspector could come before the Council for further discussion if desired. Council Member Capra asked if the City has a yearly contract with Suburban Inspections. Mr. March indicated the City could cancel this at any time with written notice. Motion by Council Member Broussard Vickers. seconded by Council Member Nelson to approve the electrical permit fee increase. All in favor. Motion carried unanimously. Mr. March noted he would be meeting with three interns this next week for assistance at the staff level. XIII. ADJOURNMENT Motion by Council Member Broussard Vickers. seconded by Council Member Nelson to adjourn the June 27. 2001 Council Meeting at 9:35 p.m. All in favor. Motion carried unanimously. Transcribed by: Heidi Guenther, Recording Secretary TimeSaver Off Site Secretarial, Inc. Page 12 of 12 CITY OF CENTERVILLE CITY COUNCIL MEETING July 11, 2001 6:30 p.m. I Not Approved I Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting on July 11, 2001, at City Hall, 1880 Main Street. PRESENT: Mayor Tim Swedberg Council Member Dick Travis Council Member Mary Capra Council Member Linda Broussard Vickers ABSENT: Council Member Mari Nelson STAFF: City Administrator, Jim March City Attorney, James Hoeft City Engineer, Tom Peterson I. CALL TO ORDER Mayor Swedberg called the July 11, 2001 City Council meeting to order at 6:32 p.m. II. SET AGENDA The following items were added to the agenda: . Consideration of June 13,2001 Minutes . Park and Recreation Items under New Business . Revised Roadway Permit Request from St. Genevieve's under New Business . Roadway Permit Request for John Fitzgerald under New Business Motion by Council Member Capra. seconded by Council Member Travis to approve the agenda with the noted additions. Motion carried. III. PUBLIC HEARING (S) Eagle Pass Second Addition Mayor Swedberg opened the public hearing for the Eagle Pass Second Addition at 6:51 p.m. Mr. March noted the main issue at the Planning Commission meeting was the development and current builder of homes within Eagle Pass Second Addition. He indicated the legal leverage of the City is being questioned right now to hold up the future development. Mr. March asked for comments from the City Attorney. 1 of 11 Mr. Hoeft reviewed the information provided by the townhome association dated July 5,2001. He noted this memo sets out the concerns of the association with the current builder and their poor construction quality. Mr. Hoeft reviewed the issues of the association and noted the City did have leverage on the sport court and the sidewalk, as these issues would need to be addressed by the developer. Mr. Hoeft indicated the vast tree harvesting and plantings throughout the First Addition would not go into account for the Second Addition. He stated this can be addressed within the Developer's Agreement for Phase 1 and cannot withhold development for Phase 2 of Eagle Development. Mayor Swedberg asked how the City would address issues in Phase I in direct violation of the Developer's Agreement. Mr. Hoeft indicated only items that are directly in violation of the agreement could be addressed. He noted the trees planted within this development are the right type, but the discretion comes with the way they were planted. Council Member Broussard Vickers asked how these issues would be addressed then, with regard to Phase 2. Mr. Hoeft indicated additional conditions could be placed within the Developer's Agreement to address the violations of the existing addition. Mr. March noted he spoke with a resident today with regard to down spouts, driveway drainage, etc. He asked if the City can delay the new development because the Builder has not completed the current project. Mr. Hoeft stated ifthe same Builder purchases this property, the City could learn from the poor lack of performance and place these concerns into the Developer's Agreement for the Second Addition setting a timeframe and course of action for the City. Mr. Hoeft indicated higher escrows could be established to allow the City to have access to assets if recourse needs to be taken. He explained if poor construction and drainage were found this would be a violation with the Developer's Agreement and the City would have leverage to take action against the Builder. Mr. March noted a checklist was provided by the townhome association leaders of the numerous violations within Eagle Pass' First Addition. He indicated these leaders are trying to get grading accomplished and seeding done after closing. Mr. Hoeft indicated if these items are directly in violation of the Developer's Agreement then action could be taken against the Builder. Mr. Hoeft indicated the lighting within this development may meet the City requirements at this time, but not meet the resident's requirements. He stated this could be reviewed and if found in compliance, the Association could take this issue upon themselves. Council Member Broussard Vickers asked that the City Attorney review all the items in question and any additional items from the residents; and then report back to the Council which items were in direct violation with the Developer's 2 of 11 Agreement. Mr. Hoeft indicated this would provide the Council with greater information on what true violations are taking place. Mr. Hoeft asked that a time frame be placed on this request for the review of the Developer's Agreement. Mr. March noted the applicant has signed a waiver of the 60-day approval process. He explained this would allow the Council ample time to review this item and take comments from the public. Mr. March indicated with regard to the roadways within this development, the roadways do meet the seven-ton load limit and are able to have emergency vehicles down the private streets. Council Member Broussard Vickers noted the Council has good reason to delay until there is additional information from the City Attorney. She indicated the private roadway issues would also need to be resolved at the next meeting with comments from the police department, fire department and City staff. Mayor Swedberg asked if there were any additional comments that needed to be brought to the Council's attention with regard to the First Addition. Lori Peterson, 7065 Dupre Road, noted she brought in a sheet of paper to a meeting two or three weeks ago. She indicated there are numerous cracked sidewalk panels along Main Street that have been caused by the contractor. Ms. Peterson indicated she is uncertain of who owns these and questioned who would be assessed. Mr. Hoeft noted this would be reviewed and reported back to the Council at the next meeting. Jim Jewel, 1825 Voyager Court, stated there are also numerous cracked sidewalk panels within the development. He indicated that seven lots have been closed longer than 30 days, and nothing has been done for grading by the builder. Mr. Jewel indicated the City has sent letters to these residents, but indicated the Builder has not come back to complete the work. He suggested a change for the lighting within this development, as it does not provide safety within the twinhomes. Mr. Jewel stated the single-family home area has twice as many lights leaving the other area unsafe. Mr. Jewel explained there are only five units at this time on private streets, but noted all are required to pay for those taxes. James Halstrom, 6960 Dupre Road, noted he understands the maintenance ofthe units are the responsibility of the individuals within this development. He indicated, however, there was a Developer's Agreement (established in 1997) that contains items the Developer was responsible for. Mr. Halstrom encouraged the Council to review this agreement to assist the associations with leverage on issues that are not being handled by the Developer. He agreed the lighting within this development was inadequate due to the curvy nature of these roadways. Mr. Halstrom noted the lighting was a public safety issue the Council needed to address. Susan Sary, 6991 Eagle Trail, noted she has lived in her home for six months and indicated she was very dissatisfied with the Builder. She noted her front stoup 3 of 11 was laid in two separate loads of concrete and indicated this is not acceptable. Ms. Sary indicated she just received her air conditioner this week, after her first one blew up and started a fire. Ms. Sary noted the contractor does below standard work and should not be approved for any future work within this City. She indicated she has had to have two tires replaced because of the debris left in her yard and driveway. Ms. Sary explained she was sending a letter of complaint to the Department of Commerce and encouraged all other residents to do the same. She indicated she paid a great deal of money for this unit and the contracting was extremely poor. Council Member Capra asked who holds the escrow for the stoup, driveway, yard and downspouts. Mr. March indicated the only escrow held by the City was a sod escrow. Mayor Swedberg questioned if the City could do inspections of these contractors that work within the City. Mr. Hoeft noted many of the concerns by Ms. Sary are not between the City and the homeowner, but between the homeowner and the contractor. He cautioned the Council at getting involved in these issues. Mayor Swedberg asked if the City could certify certain contractors or builders for future developments within the City. He stated he is questioning the quality of the workmanship within this development. Mr. Hoeft indicated the City does not have control over that at this time. He stated he feels this is an issue between the homeowner and the developer. Mr. Hoeft explained the City does not have anything in place, at this time, to protect the homeowners. Mayor Swedberg asked if there was a warranty for each home within the association. Mr. Hoeft indicated there was a warranty on the homes, and indicated the homeowners must understand who to address the complaints with. Council Member Broussard Vickers asked if the City could deny building permits based on poor contractors. Mr. Hoeft stated the City is not going to get into quality control at this time or in the future. Mayor Swedberg questioned why the City would go down this same path with a poor builder if the City has had concerns with a developer in the past. Mr. Hoeft indicated his obligation to the City is to inform the Council of what they can and cannot enforce within the Developer's Agreement. He noted as long as things are passing inspection at a City level, the City officials are not allowed to step in. Mr. Hoeft explained this would then become an issue between the homeowner and the builder. Mayor Swedberg asked if the City could assume a quality control role. Mr. Hoeft noted there are issues with assuming this role that would be difficult for the City to assume. He indicated in lieu of this role, the City could raise escrows or add additional stipulations within the Developer's Agreement to greater control the quality of the workmanship. 4 of 11 Mr. March stated the Eagle Pass Second Addition consists of 20 units and suggested cutting the density in half to lessen the exposure to poor workmanship. Mayor Swedberg indicated this would be one option but stated within this development there is still a 24-foot roadway, which was a concern within the First Addition. He explained concern for the high density abutting the existing single- family homes with no transitioning space or buffer provided. Mayor Swedberg noted he feels this development needs a higher quality design. He questioned if the density and lot sizes were appropriate. Council Member Broussard Vickers noted this Addition was rezoned a PUD, which allows for smaller lots with a higher density. Doug Amt, 6985 Meadow Court, indicated he was from the Parkview neighborhood. He indicated his neighborhood was not happy with the proposed Eagle Pass Second Addition development and increased density. Mr. Arnt noted the buffers proposed are extremely weak at this time. He added that the townhomes near Parkview are extremely close to the lot lines. Mr. Amt suggested 13 units versus the 20 units proposed to relieve some of the congestion and density issues. He reviewed a petition from the Parkview residents with regard to the low amount of buffering provided and small side yard setbacks. Bert Casper, 6979 Eagle Trail, commented that attorneys and governmental officials are not extremely helpful to residents in most cases. He indicated the focus has been lost from the residents. Mr. Casper encouraged the Council to take advantage of the clout the City holds and enforce all violations with the builder. He noted the safety and welfare of the citizens was at risk at this time due to the lack of streetlights within his neighborhood. Mr. Casper suggested the Council look into this item and act on these items for the well being of the residents. Brian Carlson, 1771 Meadow Lane, agreed with the comments from Mr. Amt. He stated unit #9 is currently placed 13 feet off his lot line, which would not allow for much of a berm or area for buffering. Mr. Carlson suggested these lots be reconfigured to allow for all involved to have a yard. He added that traffic would be increased along Meadow Lane with increased density and noted this could be a safety concern. Tracey Halstrom, 6960 Dupre Road, noted she was the secretary of one of the townhome associations. Ms. Halstrom indicated she was before the Council in the past to address issues within the development. She noted Eagle Pass First Addition was designed to be a unique development, but has now turned into numerous safety and welfare concerns. Ms. Halstrom indicated the City has some issues that can be enforced and encouraged the Council to take an initiative to enforce these items. She noted there were 59 townhomes and 18 twinhomes within this development. Ms. Halstrom noted this was a large association for the City to deal with. She indicated all common space will soon be the responsibility of the association, but noted the association does not want it left in the condition it is in right now with debris and weeds left as they are. 5 of 11 Ms. Halstrom noted it is difficult to complain to Swift Construction because they are a family owned business. She noted complaints against one portion of the company are not getting to the other. Ms. Halstrom questioned the Developer's Agreement for Eagle Pass First Addition from December of 1996. She reviewed seeding, clean up and street sweeping issues with the Council and noted the developer should be held accountable for this items as stated with in the Agreement. Ms. Halstrom asked if Phase 1 would be added into Phase 2 if approved. Mr. March indicated he would not be in favor of combining these developments, as this was a concern for a past development. Brian Raulings, 7069 Dupre Road, indicated he was the president of the twin townhome association. He stated his concern was with Ojibway Drive being reverted from a private street to a public street. Mr. Raulings noted this roadway should not remain private because, otherwise, two associations would be trying to administer the maintenance on this roadway. Mr. March mentioned this item is going to be up for numerous discussions between the Council, City Staff, Fire and Police Departments, and the residents. He indicated the lighting issues would also be addressed by the Council and City Engineer. Mr. March explained after this was reported on, a decision could be made on who would be paying for the roadway and additional lighting. Mayor Swedberg thanked all the residents for their comments and suggested all the residents come together to find a solution that benefits all parties involved. He noted the Council would be moving forward to find solutions with the assistance of the residents and City staff. Motion by Council Member Travis. seconded by Council Member Broussard Vickers to table this public hearing indefinitely. All in favor. Motion carried. Mayor Swedberg called for a recess at 8:38. The meeting reconvened at 8:52. IV. APPEARANCES/AWARDS - None V. CONSIDERATION OF MINUTES June 13.2001 Council Meeting Minutes Motion by Council Member Travis. seconded by Council Member Capra to approve the June 13. 2001 Council meetine: minutes as presented. All in favor. Motion carried. 6 of 11 June 27, 2001 Council Meeting Minutes Motion bv Council Member Broussard-Vickers. seconded bv Council Member Capra to table the June 27. 2001 Council meeting minutes as pages 11 and 12 were missing. All in favor. Motion carried. VI. PETITIONS AND COMPLAINTS Center Street Drainage - Mr. Keith Okan Mr. Okan, 1841 Center Street, explained he has had major problems with drainage in the spring in his back yard. He indicated his basement flooded this spring along with his neighbor's basement. Mr. Okan noted his home is lower than Eagle Park. He indicated he with several landscape designers to try to remedy the drainage issues with no success. Mr. Okan asked for help from the City on this issue. Council Member Capra questioned if the Prairie Drive subdivision had the same concerns. Mr. March noted the issues on Prairie Street was that the grade was too flat in the back yards which was resolved with a four inch drain tile. Council Member Capra asked if this item could be investigated with public works and City staff. Mr. Peterson indicated he would look into these properties as well. He noted the intersection of Dupre and Center Street would be having some work done in the near future to assist in the drainage of storm sewer. Council Member Capra questioned if there was storm sewer at these homes. Mr. Peterson noted there was no storm sewer at this time. Mayor Swedberg advised staff to investigate these properties and report back to the Council at their next meeting. VII. OLD BUSINESS - None VIII. NEW BUSINESS Eagle Pass Second Addition Council Member Broussard-Vickers asked for a summary of what action was going to take place between now and the next meeting. Mayor Swedberg noted the attorney would be reviewing the Developer's Agreement to make comment on what items could be enforced. Council Member Broussard-Vickers noted she would like comments on reverting the private street to a public street at the next meeting. She indicated comments should be received from the police department, fire department, City Engineer and City Attorney. Council Member Broussard-Vickers indicated she would also like a report from Paul on all ordinance violations within this development at this time. She noted 7 of 11 she would also like the City Engineer to address the lighting issues and report back to the Council. Mr. Hoeft noted the lighting within the development was in compliance so future plans would need to address who would pay and for how many additional lights. Council Member Broussard-Vickers explained she would like to be advised by the City Attorney as to when the City is dragging their feet with this development as the applicant has already signed the 60-day waiver. Mr. Hoeft indicated he would keep the Council updated on this item. He noted he felt the numerous violations within Phase I would be a legitimate cause to prolong the approval of Phase 2. Mayor Swedberg asked if the association bylaws should be discussed at a Council level as this issue moves forward. Mr. Hoeft discouraged the Council from reviewing the bylaws, as it was not a City issue. Motion by Council Member Broussard-Vickers. seconded by Mayor Swedberg to table this discussion to a future meeting. All in favor. Motion carried. Festival Award Presentation - Reception Mr. March indicated the Lifetime Achievement Awards were going to be presented on the main state during the Fete des Lacs. He explained the Lifetime Achievement Committee is requesting no more than $100 for a small reception to be held for the award winners and residents after the presentation. Motion by Council Member Broussard-Vickers. seconded by Mayor Swedberg to ap{lrove the no more than $100 request from the Lifetime Achievement Committee for a small rece{ltion at the Fete des Lacs Festival as submitted bv staff. All in favor. Motion carried. TIF Reporting - Juran & Moody Mr. March requested the Council authorize Juran & Moody to complete and submit the annual tax increment reports on behalf of the City of Centerville. Motion by Council Member Broussard-Vickers. seconded by Council Member Travis to authorize Juran & Moody to complete and submit the TIF Reports on behalf of the City of Centerville. All in favor. Motion carried. 200 I EDC Obiectives and Goals Mr. March reviewed the 2001 EDC objectives and goals with the Council. He asked for approval from the Council of these items. Motion by Council Member Capra. seconded by Council Member Broussard-Vickers to approve the 2001 EDC Objectives and Goals as presented by staff. All in favor. Motion carried. 8 of 11 Intern Recommendations Mr. March stated he interviewed three interns last week. He recommended Michael Duffek from Minneapolis for this position. Mr. March noted the intern would receive $10.00 per hour with no benefits. Council Member Broussard-Vickers asked how long Mr. Duffek would be employed by the City. Mr. March stated this would be for a minimum of three months, as this has been the practice in the past. Motion by Mayor Swedberg. seconded by Council Member Broussard- Vickers to approve Michael Duffek as the City's Planning Intern. All in favor. Motion carried. Park and Recreation Committee Items Lisa Heiselhorst noted she has spoken with a helicopter company to provide rides at the Fete des Lacs Festival. She indicated there would be no expense to the City. Ms. Heiselhorst explained the Committee would need to have 100 square feet of space available to land the helicopter within the park. She suggested holding the rides at LaMotte Park in the soccer field or in the field near St. Genevieve's. Council Member Broussard Vickers asked that the police department be contacted with regard to any objections. Mr. Hoeft agreed. Council Member Capra asked what liability the City would have with this type of entertainment. Mr. Hoeft indicated the insurance held by the helicopter company would need to be inspected and reviewed. Mayor Swedberg asked that the committee check the maintenance qualifications and with the County Aviation Official at the Anoka County Airport with regard to the entrance and exit to the flight path. He indicated he felt safety was of the utmost importance to the residents. Council Member Capra explained she felt landing at the elementary school may be a better location than LaMotte Park, due to the crowds of people at the celebration. Ray De Vine asked if the park members would have to return to Council with this item or if they could go forward if all things checked out. Mayor Swedberg stated that if all things checked out the committee could go forward. Mayor Swedberg reviewed the first recommendation as submitted by the Parks and Recreation Committee. He noted the first recommendation was with regard to the completion of the fencing at Laurie LaMotte Park. Motion by Council Member Broussard-Vickers. seconded by Council Member Capra to approve the additional expenditures of $1.500 for a fence at Laurie LaMotte Park due to the unavailability of the public works 9 of 11 department to perform the labor as originally recommended to City Council. All in favor. Motion carried. Council Member Broussard-Vickers reviewed the pieces of equipment that would be purchased for the Wheels Park at Laurie LaMotte Park. She noted numerous people were involved with the selection of these pieces. Council Member Broussard-Vickers noted the Parks and Recreation Committee was looking for a grand opening of the Wheels Park to be at or around August 11, 2001. Motion by Council Member Capra. seconded by Mayor Swedberg to approve the expenditure of $42.000 for the Wheels Park as suggested by the Parks and Recreation Committee. All in favor. Motion carried. Tom Lee, Park and Recreation Committee member indicated the committee did not recommend allowing a bonfire at Acorn Park due to the fact there is no fire rings. There was a consensus by the Council to not allow this bonfire as recommended by the Committee. Mr. Lee noted the Park and Recreation Committee would be responsible for sending out a letter to the residents requesting this item for their block party. Roadway Permit for S1. Genevieve's Motion by Mayor Swedberg. seconded by Council Member Travis to approve the revised roadway permit for St. Genevieve's as presented by staff. All in favor. Motion carried. Roadway Permit for John Fitzgerald Mr. March noted John Fitzgerald is requesting seven loads to come in at seven tons each. Mr. Peterson indicated he would be in favor of the seven-ton limit as it has been very dry on this roadway. Motion by Council Member Capra. seconded bv Council Member Broussard-Vickers to approve the roadway permit for John Fitzgerald for seven tons and seven trips as suggested by staff. All in favor. Motion carried. IX. CONSENT AGENDA The City of Centerville June 28 through July 10, 2001 Motion bv Council Member Broussard-Vickers. seconded by Council Member Travis to approve the expenditures for the City from June 28. 2001 through July 10. 2001. All in favor. Motion carried. 10 of 11 Centennial Fire District Expenses Motion by Council Member Broussard-Vickers. seconded by Council Member Capra to approve the Centennial Fire District expenditures. All in favor. Motion carried. x. COMMITTEE REPORTS . Ray DeVine reported on the Fete des Lacs Festival. He noted this year's buttons and flyers are posted at City Hall. Mr. Devine indicated the softball tournament would be much larger this year, along with a 5K run/walk sponsored by an outside company. He explained the Lion's would be holding a raffle this year, raffling off a four-wheeler. Mr. Devine noted volunteers and donations were still being sought. XI. ADMINISTRATORS REPORT Mr. Hoeft noted he had comments on the Turcotte Purchase Agreement. He stated after speaking with Ms. Turcotte's attorney, she agreed to escrow up to $2,000 of the expense for registering the title with the City paying the other portion. He recommended approval of this suggestion and noted if approved, the closing would take place on Friday at City Hall. Motion bv Council Member Capra. seconded by Council Member Broussard-Vickers to approve the $2.000 escrow. provided by Ms. Turcotte. to cover the expense of the title registration as sU2gested by the City Attorney with the closing to take place on Friday at City Hall. All in favor. Motion carried. XII. ADJOURNMENT Motion by Council Member Broussard-Vickers. seconded by Council Member Travis to adjourn the July 11. 2001 Council Meeting at 9:39 p.m. All in favor. Motion carried. Transcribed by: Heidi Guenther, Recording Secretary TimeSaver Off Site Secretarial, Inc. 11 of 11 CITY OF CENTERVILLE COMMUNITY ACTION NOTICE PART I. BACKGROUND COMPlAINANT last Name IWoiak I first Name I Larry Address I 69251 ICenterville Road I Phone # - work I Phone # - home 1651-653-4390 Complaint Number 651 Date Complaint Taken I 7/20/011 Time I I BY: COMPLAINT INFORMATION ADDRESS: I 011 NAME (IF KNOWN): Phone II last first Junk Vehicle 0 Weeds 0 Animal 0 Noise 0 Other ~ Explain Yard was damaged by construction. Has been working with Dan Schulander from Bonestroo to get contractor to jSatisfactOrilY repair yard, flowers and correct flooding problems since last fall. Requests Council's assist in correcting problems. What type of Response is Required: Complainant Response Required 0 immediate 0 Time Permits 0 Complaintant Informed 0 RESPONSE METHOD: Department Referred to: (Department) (Employee) PART II. FOllOW UP: Action Taken IForwarded to Council on July 23, 200l. I Completed 0 Date of Action Person Contacting Complainant: Department: ~'_I_._m_Q_5_._,_,_._g_'_'~A_'_'_I~'_'~'~I_._a_'_'_a_._._a_'_a_D_'_'~U_'_B_'_'~a~I_1 Additional Information tervi[[e 'Estab[isfzeci 1857 1880 Main Street _ Centervi![e, M:lI[ 55038 (651) 429-3232 _ ~a;c (651) 429-8629 July 23,2001 Mr. Rich DeFoe Waterworks Beach Club 7281 Main Street Centerville,"MN 55038 Dear Mr. DeFoe: As you are aware, the City Council of the City of Centerville at their July 11, 2001 motioned to impose a civil penalty of $1,000 on the Waterworks Beach Club for failure to successfully accomplish a recent compliance check. The Council will be discussing that drafting of a liquor policy and have requested local business owner's input and comments regarding same at their meeting on July 25, 200l. An agenda is enclosed for your reference. If you have any questions or concerns regarding this item, please feel free to contact me. ~- - Sincerely, ....~ .r "" ./ ~'\~~ ",j /of ) v:< y , .....---'-"--'"~ /~.J6.~'fe.c0 Teresa Bender Clerk/Treasurer MEMO DATE: June 7, 2001 TO : Honorable Mayor and Council FROM: Jim March RE : Waterworks Violation ............................................................................ Included in your packet is a memo written by Chief Heckman in regards to a failed compliance check at the Waterworks Beach Club. Also included is a portion ofMN statutes that covers license revocation, suspension or civil penalty and a copy of a letter from the State ofMN that indicates that the State will issue a civil penalty if a city fails to do so. I have also inquired with surrounding jurisdictions to see if they have adopted a standard policy for violators within their jurisdictions. Also included in your packet is the information that was received from this inquiry. The City of Circle Pines has an Ordinance that simply restates MN statute 340A.415. The last violation they had was with the Down Under bar and they received a $2000 civil penalty. In speaking to Mr. Keinath, it appears that their Council has decided to issue the maximum civil penalty as a fine for first time offenders. It is unsure whether the Down Under will have a license suspension for this subsequent violation. The City ofLino Lakes is considering adopting a standard policy. An excerpt from their Ordinance and a memo from their Clerk suggesting a standard to the Lino Lakes Council are included in the packet. In speaking to Linda Waite Smith, she indicates that Lino Lakes is currently looking at adopting a formal standard and they are looking at using a standard that was designed by the City of Plymouth. The City of Hugo faxed a copy of the proceedings format they used when they decided to suspend the liquor license for the End Zone. The End Zone had been serving alcohol without a license from the city. In speaking to City Administrator Mike Ericson, he indicated that Hugo does not have a standard put in place to address liquor violations. Also included in your packet is the information I requested from the City of Plymouth. Included in your packet is the entire chapter from their City code relating to liquor licenses. This appears to be the most complete information on the topic from the cities that I surveyed. I would suggest that we scale down the information from the City of Plymouth and adapt their model to meet the needs of our city. Chief of Police Joel D. Heckman Centennial Lakes Police Department 200 Civic Heights Circle Circle Pines MN 55014 763-784-2501 iheckman@centenniallakespd.com June 7, 2001 To: City Administrator Jim March Re: Alcohol Compliance Checks On May 24th and 25th, our department conducted alcohol compliance checks at all eleven licensed establishments in our jurisdiction. Six establishments out of the eleven that were checked failed. Waterworks Beach Club in the City ofCenterville was one of the six that failed. A formal complaint has been sent to City Attorney Jim Hoeft for review of possible criminal charges against the person (s) involved in procuring alcohol for a minor. State law allows for civil penalties against any retailer who fails an alcohol compliance check, and the State recommends that the authority issuing the liquor license impose the civil fine. As Waterworks is licensed by the City of Centerville, I bring this matter to your attention for City Council action. Please note that the State will take civil action against any retailer who fails a compliance check if the licensing authority does not. Attached please find a copy of the letter sent to the City of Centerville last year from MN Alcohol and Gambling Enforcement Division Director Frank Ball addressing the above. Also attached is a copy of State Statute S 340A.415 with the appropriate area highlighted. Please contact me should you have any questions regarding the alcohol compliance check program. Thank you. Alcohol & Gambling Enforcement Bureau of Criminal Apprehension Capitol Security Driver & Vehicle Services Emergency Management/ Emergency Response Commission State Fire Marshall Pipeline Safety State Patrol Traffic Safety Allcoho; and Gambling Enforcement DivDSiollll 444 Cedar Street, Suite 133, St. Paul, Minnesota 55101-5133 Phone: 651/296-6159 FAX: 651.297.5259 TTY:651/282-6555 Internet: http://www.dps.state.mn.us 11/15/2000 City of Centerville City Clerk's Office 1880 Main Street Centerville, MN 55038 DEe 1 4 2000 Li:'~RE3 FOL~~;r :\3[~rT Dear City Clerk, The Centennial Lakes Police Department has received funding through the Alcohol & Gambling Enforcement Division to enforce underage drinking laws through the use of alcohol compliance checks of retailers. This program has been very successful in combating underage access to alcohol and we are pleased your law enforcement agency has elected to participate in it. As a part of this funding, the city councilor county board issuing a liquor license to a retailer is expected to impose a substantial civil penalty against a retailer who fails an alcohol compliance check and report what action was taken to the law enforcement agency receiving the grant funding. In the event the locality does not have an ordinance in place to address a compliance check failure, MN Statute 340A.4l5 provides for the local licensing authority to fine up to $2,000 or to revoke or suspend the license of the retailer for each violation. The Alcohol & Gambling Enforcement Division encourages the local licensing authority to take necessary civil action against a licensee who fails a compliance check. Weare pleased with your continued support ofthis youth access project and if we can be of further assistance to you, please do not hesitate to contact us. /'--1 ,/ I ~espect:9illy , / 1 l ;/l/J ' ~r!d;(;~~ 'I Director J FB:SS cc: Centennial Lakes Police Department EQUAL OPPORTUNI1l' EMPLOYER Minnesota Statutes 2000, 340A.415 Minnesota Statutes 2000, Table of Chapters Table of contents for Chapter 340A 340A.415 License revocation or suspension; civil penalty. On a finding that the license or permit holder has (1) sold alcoholic beverages to another retail licensee for the purpose of resale, (2) purchased alcoholic beverages from another retail licensee for the purpose of resale, (3) conducted or permitted the conduct of gambling on the licensed premises in violation of the law, (4) failed to remove or dispose of alcoholic beverages when ordered by the commissioner to do so under section 340A.508, subdivision 3, or (5) failed to comply with an applicable statute, rule, or ordinance relating to alcoholic beverages, the commissioner or the authority issuing a retail license or permit under this chapter may revoke the license or permit, suspend the license or permit for up to 60 days, impose a civil penalty of up to $2,000 for each violation, or impose any combination of these sanctions. No suspension or revocation takes effect until the license or permit holder has been given an opportunity for a hearing under sections 14.57 to 14.69 of the Administrative Procedure Act. This section does not require a political subdivision to conduct the hearing before an employee of the office of administrative hearings. Imposition of a penalty or suspension by either the issuing authority or the commissioner does not preclude imposition of an additional penalty or suspension by the other so long as the total penalty or suspension does not exceed the stated maximum. HIST: 1985 c 248 s 70; 1985 c 305 art 6 s 15; 1985 c 309 s 11; ISp1985 c 16 art 2 s 3 subd 1; ISp1986 c 3 art 1 s 42; 1987 c 152 art 1 s 1; 1987 c 310 s 12; 1988 c 534 s 2; 1991 c 249 s 19; 1993 c 350 s 11; 1994 c 611 s 23 Copyright 2000 by the Office of Revisor of Statutes, State of Minnesota. http://www.revisor.leg.state.mn.us/stats/340A/415 .html .Page 1 ot 1 6/7/01 Plymouth City Code 1201.01 CHAPTER XII Sale. Consumption and Display of Alcoholic Beverages Section 1201 ~ State Law Adopted/Definitions 1201.01. Provisions of State Law Adopted. Except to the extent the provisions of this Chapter are more restrictive, the provisions of Minnesota Statutes, Chapter 340A, as amended, regarding the terms, licensing, consumption, 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 adopted and made a part of this Chapter as if set out in full 1201.03. Definitions. For the purposes oftrus Chapter, and in addition to those definitions contained in Minnesota Statutes, Chapter 340A, as amended, the terms used in this Subsection are defined as follows: (a) Display: The term "Display" means 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. (b) Interest: The term "interest" as used in this Chapter includes 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 such establishment; or any interest of 5 percent or less in any corporation holding a City liquor license. A person who receives monies, from time to time, directly or indirectly from a licensee in the absence of a bona fide consideration therefor and excluding bona fide gifts or donations, shall be deemed to have a pecuniary interest in such 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. (c) Licensed Premises: The term "Licensed Premises" is 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. (d) Operating Manager: The term "Operating Manager" as used in this Chapter means a person designated by the license holder who works full~time at the licensed premises and is in charge of day-to-day liquor sales. Plymouth City Code 1201.03 (e) (e) Properly Designated Officer: The term "Properly Designated Officer" means and includes (i) the Plymouth City Fire Inspector; (ii) the Plymouth City Building Official; and (ill) the Health Inspectors employed by Hennepin County or the State of Minnesota acting in the course of the scope of their employment. (f) Underage Person: The term "Underage Person" means a person who is under the legal drinking age as provided by Minnesota Statutes Chapter 340A. (Ord 98-2, 01/07/98) Plymouth City Code 1206.01 Section 1206 - Retail Licenses 1206.01. Licenses Required. No person, except as otherwise provided in Minnesota Statutes 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 ofa 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. 1206.02. Types of Licenses. The following types of licenses are issued under this Chapter: A. On-Sale Intoxicating Liquor License. On-sale intoxicating liquor licenses shall be granted only to hotels, clubs, restaurants, and exclusive liquor stores. A license shall be issued to clubs and congressionally chartered veterans' organizations if they have been in existence for at least three years and liquor sales will only be to members and bona fide guests. On-sale intoxicating liquor licenses are subject to the following conditions: 1. where the licensed premises is a free standing building, the building (exclusive ofland) must have a minimum valuation of $500,000; 2. where the licensed premises is located in a shopping center, the licensed premISes: a. may not be an exclusive liquor store; b. may not permit live music or dancing; and c. must have a minimum of 150 seats for dining. 3. where the licensed premises is located in an office building the licensed premises must have a minimum of 150 seats for dining. B. Off-Sale Intoxicating Liquor License. Off-sale intoxicating liquor licenses may be issued to an exclusive liquor store and shall permit off-sale of intoxicating liquor and 3.2 percent malt liquor. C. Wine Licenses. Wine licenses may be issued, with the approval of the Commissioner, only to restaurants having facilities for seating at least 25 people at one time for the sale of wine not exceeding 14 percent alcohol by volume and for consumption on the licensed premises only in co~unction with the sale of food. The holder of a wine license who is also licensed to sell 3.2 percent malt liquor on-sale and whose gross receipts are at least sixty percent (60%) attributable to the sale of food, may also sell intoxicating malt liquors at on-sale without an additional license. D. On-Sale 3.2 Percent Malt Liquor License. On-sale 3.2 percent malt liquor license may be issued to bona fide clubs, restaurants, and hotels where food is prepared and served for consumption on the premises only. Plymouth City Code 1206.02, Subd. E E. Off-Sale 3.2 Percent Malt Liquor License. Off-sale 3.2 percent malt liquor license may be issued to general food stores and drug stores and permit the sale of 3.2 percent malt liquor at retail in the original package for consumption off the premises only. F. On-Sale Sunday Liquor License. On-sale Sunday liquor licenses may be issued only to a hotel or restaurant, with facilities for serving not less than fifty (50) guests at one time, to which an on-sale intoxicating license has been issued. Such license may permit the sale of liquor to be consumed on the premises between the hours of 10:00 a.m. on Sunday and 1 :00 a.m. on Monday in conjunction with the serving of food provided that the licensee is in conformance with the Minnesota Clean Air Act. No Sunday license is needed for on-sale wine licenses. G. Temporary Licenses. Temporary on-sale 3.2 percent malt liquor licenses may be issued to a club or charitable, religious, or nonprofit organization in existence for at least 3 years. The license may authorize the on-sale of3.2 malt liquor for not more than 3 consecutive days, and may authorize on-sales on premises other than premises the licensee owns or permanently occupies. The license may provide that the licensee may contract for 3.2 malt liquor with the holder of a full- year on-sale liquor license issued by the City. The licenses are subject to the terms, including the license fee, nonnally imposed by the City. The licenses issued in this Section are subject to all laws and ordinances governing the sale of liquor, including furnishing a form of proof of financial responsibility. H. Club Licenses. Club licenses may be issued to clubs as provided in Minn. Stat. ~ 340A.404, subd. 1. I. Consumption and Display Permits. Consumption and display permits may be issued to a bottle club which complies with the requirements of Minn. Stat. ~ 340A.414 and which has obtained a permit from the Commissioner of Public Safety. Consumption and display permits shall not be issued in the City, except to establishments that had been issued such a license on or prior to the effective date of this ordinance. 1206.03. License Period. Each renewal license shall be issued for a maximum period of one year. Temporary licenses shall expire according to their terms. All intoxicating liquor licenses expire on January 31 of each year. All 3.2 percent malt liquor licenses expire on January 31 of each year. Consumption and display licenses expire on March 31 of each year. (Ord. 2000-15, 05/09/2000) 1206.04. Retail License Fees. A. Annual Fees. The annual fees for all licenses and temporary licenses are set forth in Chapter X. B. Prorated Fees. If a license application is made during the license year, the license shall be issued for the remainder of the year for a pro rata fee, with any unexpired fraction of a month being counted as one month. Plymouth City Code 1206.04, Subd. C C. Payment. The fees for on-sale intoxicating liquor licenses and wine licenses may be paid in two equal installments in advance of February 1 and August I. License fees shall be paid into the general fund. D. Investigation Fees. Investigation fees for all licenses are set forth in Chapter X. Investigation fees are non-refundable. No investigation fee shall be charged for a renewal application. At any time that an additional investigation is required because of a change in the control ofa corporate license, change in manager, change in location, or enlargement of the premises, the licensee shall pay an additional investigation fee. Where a new application is filed as a result of incorporation or a change of name by an existing licensee and the ownership control and interest in the license are unchanged, no additional investigation fee will be required. 1206.05. License Fee Refunds. License fees shall be refunded ifan 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 Minnesota Statutes Section 340AA08, subd. 5, upon application to the City Clerk within 20 days of the happening of any event provided under Minnesota Statutes Section 340AA08, subdivision 5. 1206.06. Liability Insurance. Except as provided in Minn. Stat. ~ 304AA09, Subd. 4, all applicants for any liquor license or consumption and display permit must, as a condition to the issuance of the license, demonstrate proof of financial responsibility with regard to liability imposed by Minnesota Statutes Section 340A.801 to the City, by providing proof of liquor liability/dram shop, general liability, and workers compensation insurance coverage. A. Liquor LiabilitylDramshop. 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 $300,000 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 $100,000 in cash or securities which may legally be purchased by savings banks or trust funds having a market value of $1 00,000. B. General Liability. Proof of financial responsibility shall be given by filing a certificate that there is in effect for the license period an insurance pollcy or pool providing at least $50,000 of coverage because of bodily injury to anyone person in anyone occurrence, $100,000 because of bodily injury to two or more persons in anyone occurrence, $10,000 because of injury to or destruction of property of others in anyone occurrence, $50,000 for loss of means of support of any one person in anyone occurrence, and $100,000 for loss of means of support of two or more persons in anyone occurrence. Plymouth City Code 1206.06, Subd. C C. Workers' Compensation Insurance. The policy limits for workers' compensation insurance shall be as provided for by state law. D. Additional Requirements. For purposes of Paragraphs A and B under this Section, the City shall be named as additional insured on the liability insurance policy. The liability insurance required by this section must provide that it may not be canceled for any cause by either the insured or the insurer unless the canceling party has first given ten days' notice in writing to the City of intent to cancel the policy. 1206.07. License Application. A license applicant shall complete the applicable application form provided by the City Clerk. The City Clerk may waive completion of any part of the form that is inappropriate or unnecessary. 1206.08. Execution of Application. If the application is by an individual, it shall be signed and sworn to by such person; ifby a corporation, by an officer thereof; ifby a partnership, by one ofthe partners; ifby 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. 1206.09. Renewal Application. A. Applications for the renewal of an existing license shall be made at least forty-five (45) days prior to the date of the expiration of the license, and shall state that everything in the prior applications remains true and correct except as otherwise indicated. B. Renewal applications for an on-sale license for a restaurant shall include a Certified Public Accountant statement showing total sales, food sales, liquor sales, and percentage of total sales for the previous year. The Council shall not renew the license unless at least forty (40%) percent of the establishment's annual gross sales is from the serving of prepared food. 1206.10. Investigations. A. At the time of making an initial application, or renewal application, or request for a new manager, the applicant shall, in writing, authorize the Plymouth Police Department to investigate all facts set out in the application and do a personal background and criminal record check on the applicant and Operating Manager. The applicant shall further authorize the Plymouth Police Department to release information received from such investigation to the City Council. (Ord. 99-06; 02/16/99; Ord. 2000-15, 05/09/2000) 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 Minnesota Statutes, Section 364.06; the earliest date the applicant may reapply for a license; and that all competent evidence of rehabilitation will be considered upon reapplication. Plymouth City Code 1206.11 1206.11. Hearing Required for New Licenses. A public hearing for the issuance of a license for a new premises, or for a different licensee at the same premises, shall be preceded by ten (10) days' published notice and ten (10) days' posted notice at City Hall and on the premises to be licensed. In addition, the public hearing for the issuance of a license for a new premises shall also be preceded by a ten (10) days' mailed notice to all owners of property located within five hundred (500) feet of the boundaries of the property on which the business that is the subject of the application is located. A public hearing is not required for temporary license applications. 1206.12. Information Considered for License Approval. The City Council shall consider the following in addition to conformity with state statutes and city ordinances in determining whether a new or renewal license shall be granted: A. The investigative and staff report submitted by the Police Department and City Clerk; B. Information received through the public hearing process; C. Whether the applicant has or will take affirmative action to minimize public safety problems commonly associated with on-sale liquor establishments, including but not limited to DWI drivers, illegal sale to minors, disturbing the peace, etc.; D. Any other relevant information. 1206.13. Granting or Transfer of License. A. Applicant. A license shall be issued to the applicant only, and no license shall be transferred except as provided in this Chapter. B. Premises. Each license shall be issued only for the exact rooms and square footage described in the application. A license is valid only in the compact and contiguous building or structure situated on the premises described in the license, and all transactions relating to a sale under such license must take place within such building or structure. C. Building Under Construction. When a license is granted for a premises where the building is under construction or otherwise not ready for occupancy, the City Clerk shall not issue the license until notified by the Building Official that the building is ready for occupancy. D. Death of Licensee. 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 90 days after the death of the licensee. 1206.14. Corporations. Partnerships. or Associations. A. All corporations, partnerships, and associations must designate an Operating Manager. The Operating Manager must be a person working full-time at the licensed premises who is in charge of day-to-day liquor sales. Plymouth City Code 1206.14, Subd. B B. Licenses issued to corporations shall be valid only so long as there is no change in the officers or ownership interest of the corporation, as defined in this Chapter, unless such change is approved by the Council. The requirement concerning change in officers does not apply to corporations whose stock is traded on the New York or American Stock Exchanges. C. Licenses issued to associations or partnerships shall be valid only so long as there is no change in the partnership or association, unless such change is approved by the Council. D. Corporations, partnerships, or associations holding licenses shall submit written notice to the City Clerk of any changes described herein on or before 30 days prior to the effective date of any such change. Notwithstanding the definition of "interest" as defined in this Chapter, in the case of a corporation, the licensee shall notify the City Clerk when a person not listed in the application acquires an interest that, when combined with that ofa spouse, parent, brother, sister, or child, exceeds 5 percent and shall give all information about said person as is required of a person pursuant to the provisions of this Chapter. E. Corporations holding licenses shall submit written notice to the City Clerk of any change in Operating Managers prior to the effective date of such change. The written notice shall designate the new Operating Manager. The new Operating Manager shall be subject to the investigation required by this Chapter. (Ord 99-6; 02/16/99; Ord 2000-15, 05/09/2000) F. The designation of a new Operating Manager shall not cause the corporation's license to become invalid before a decision is rendered by the City Manager or hislher designee, provided proper notice and application are made by the applicant. A proposed new Operating Manager shall be referred to as the interim Operating Manager. In the event an interim Operating Manager is rejected by the City Manager or hislher designee, the corporation shall designate another interim Operating Manager and make the required application within 15 days of the City Manager or hislher designee's decision. If the City Manager or hislher designee rejects a proposed Operating Manager, the decision may be appealed to the City Council by filing a written notice of appeal with the City Clerk within ten (10) days after being notified of the rejection. (Ord. 2000-15, 05/09/2000) 1206.15. Ineligible for License. A. State Law. No license shall be granted to or held by any person 1) made ineligible by State law; 2) who is a person under 21 years of age; 3) who is not a citizen of the United States or a resident alien; 4) upon whom it is impractical to conduct a background and financial investigation due to the unavailability of information; 5) who has had a liquor license revoked within five years of the license application, or to any person who at the time of the violation owns any interest, whether as a holder of more than five percent of the capital stock of a corporation licensee, or to a corporation, partnership, association, enterprise, business, or firm in which any such person is in any manner interested; 6) who is not of good moral character and repute; Plymouth City Code 1206.15, Subd. A 7) who has a direct or indirect interest in a manufacturer, brewer, or wholesaler; or 8) who, within five years of the license application, has been convicted of a felony or a willful violation of a federal or state law or local ordinance governing the manufacture, sale, distrIbution, or possession for sale or distribution of an alcohol beverage and who cannot show competent evidence under Minnesota Statutes Section 364.03 of sufficient rehabilitation and present fitness to perform the duties of a licensee. B. Manager Required. No licenses shall be granted to a corporation that does not have an Operating Manager. C. Real Party in Interest. No license shall be granted to a person who is the spouse of a person ineligible for a license under this Chapter or who, in the judgment of the council, is not the real party in interest or beneficial owner of the business operated, or to be operated, under the license. D. Residency Requirements. A license will not be renewed if, in the case of an individual, the licensee is not a resident of the State at the time of the date for renewal; if, in the case of a partnership, the managing partner is not a resident of the State at the time of the renewal; or in the case of a corporation, if the Operating Manager does not reside within 100 miles of the City of Plymouth at the time of the date of renewal. The time for establishing residency within the State may, for good cause, be extended by the Council. (Ord 98-31, 09~02-98) E. Delinquent Taxes or Charges. No license shall be granted for operation on any premises on which state, city or county taxes, assessments, or other financial claims of the state, city, or county are delinquent and unpaid. Notwithstanding the foregoing, if the delinquent taxes, assessments, or financial claims are against a landowner, and licensee is a tenant oflandowner and has no financial interest in landowner, then the City Council may, in its discretion, but shall not be required to, grant a license to an applicant so long as the applicant is not delinquent on any taxes, assessments, or financial claims as set forth herein. 1206.16. Conditions of Approval. At the time a license is issued pursuant to this Chapter or a consumption and display permit is approved, the City Council may attach special conditions to the approval based upon the nature of the business, the location of the business, and verified complaints, ifany, to protect the health, safety, welfare, and quietude of the community and ensure harmony with the location where the business is located. Violation of any of the conditions shall be grounds for revocation of the license. 1206.17. Distance from School. No on-sale or off-sale intoxicating liquor license, club license, consumption and display permit, on~sale or off-sale 3.2 percent malt liquor license, or wine license may be granted within the same block of any school or within 500 feet of any school. The distance shall be measured from the freestanding parcel or lot upon which the business to be licensed is located or from the exterior wall of the approved area leased or owned by the business to be licensed within a shopping center to the nearest point ofthe parcel or lot upon which the school is located. The erection of a school within the prolubited area after the original license application Plymouth City Code 1206.17 has been granted shall not, in and of itself, render such premises ineligible for renewal of the license. 1206.18. Federal Stamps. No licensee shall possess a federal wholesale liquor dealer's special tax stamp or a federal gambling stamp. 1206.19. 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. F. That the licensee had knowledge of illegal acts upon or attributable to the licensed premises, but failed to report the same to the police. G. 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. 1206.20. Inactive License. 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 6 months from its issuance, or any establishment that ceases operation for a period of 6 months. 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. 1206.21. Hearing Notice. Revocation or suspension of a license by the City Council shall be preceded by public hearing conducted in accordance with Minnesota Statutes Section 14.57 to 14.70. The City Council may appoint a hearing examiner or may conduct a hearing itself. The hearing notice shall be given at least 10 days prior to the hearing, include notice ofthe time and place of the hearing, and state the nature of the charges against the licensee. 1206.22. 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 Plymouth City Code 1206.22, Subd. A 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 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): The following violations require revocation of the license on the first violation. . Commission of a felony related to the licensed activity. . Sale of alcoholic beverages while license is under suspension. · Sale of intoxicating liquor where only license is for 3.2 percent malt liquor. Best Practices Establishments. Establishments entering into an agreement with the Police Department as a Best Practice Establishment will use the Best Practices violation grid. (Ord 2001-08, 02/27/2001) The following violations fall under this violation grid broken down by type of license. · Sale of alcoholic beverages to under-age persons. . Sale of alcoholic beverages to obviously intoxicated person. · After hours sale/display/consumption of alcoholic beverage. . Illegal gambling on premises. · Failure to take reasonable steps to stop person from leaving premises with alcoholic beverages (on-sale allowing off-sale). T e of License 1st Violation 2nd Violation 3rd Violation On-sale $500 and $1,000 and $2,000 and intoxicating 5 days 10 days 15 days li uor sus enslOll sus ension sus enslon Off-sale $500 and $1,000 and $2,000 and intoxicating liquor 3 days 7 days 12 days sus enslOn sus ension sus enslon On-sale beer and $500 and $1,000 and $2,000 and Wille 5 days 10 days 15 days sus enslon sus ension sus enslon Off-sale 3.2 malt $1,000 and $1,500 and $2,000 and 10 days 20 days 40 days sus enslOn sus enSlon sus enslon 4th Violation Revocation Revocation Revocation Revocation Plymouth City Code 1206.22, Subd. B BEST PRACTICES PENALTY GRID: - Type of License 1st Violation 2nd Violation 3rd Violation On-sale $500 $1,000 and Return to regular penalty grid and intoxicating 5 days Off Best Practices for 1 year Liquor suspensIOn, stayed Off-sale $500 $1,000 and Return to regular penalty grid and intoxicating liquor 3 days Off Best Practices for 1 year suspension stayed On-sale beer and $500 $1,000 and Return to regular penalty grid and wme 5 days suspension Off Best Practices for 1 year stayed Off-sale 3.2 malt $1,000 $1,500 and Return to regular penalty grid and 10 days Off Best Practices for 1 year suspension stayed 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. First violations would be handled by an administrative hearing with the Police Chief or his/her designee with the presumptive penalty given to license holders. For Best Practice establishments first and second violations would be handled by an administrative hearing with the Police Chief or his/her designee. License holders have the right to request a hearing before the City Council if not in agreement with the presumptive penalty. The Police Chief also has the right to request a hearing before the Council ifhe/she believes there exists substantial reason making it appropriate to deviate from the presumptive penalty. lfthe Police Chief and licensee agree on the presumptive penalty, these will be reported to the City Council in a staff report. (Ord 99-11, 05/04/99; Ord 2000-29, 8/08/2000; Ord. 2001-08, 02/27/2001) 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 subsection (B) above. The occurrence of multiple violations is grounds for deviation from the presumed penalties in the Council's discretion. D. Subsequent Violations. 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 Manager and licensee agree in writing to add the violation to the first appearance. The same procedure applies to a second, third, or fourth appearance before the Council. E. Subsequent Appearances. Upon a second, third, or fourth appearance before the council by the same licensee, the Council must impose the presumptive penalty for the violation or Plymouth City Code 1206.22, Subd. E 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. 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. 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. (Ord. 2000-29, 8/08/2000) G. Other Penalties. Nothing in this Section shall restrict or limit the authority of the council to suspend up to sixty (60) days, revoke the license, impose a civil:fine not to exceed two thousand dollars ($2,000.00), 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. (Ord. 98-2, 01/07/98) Plymouth City Code 1211.01 Section 1211 - Retail Sales Regulation 1211.01. Right of Inspection. A. Any Plymouth police officer or any properly designated officer displaying proper identification shall have the unqualified right to enter, inspect, and search the premises of any licensee hereunder without a warrant, during business hours or when owners, managers, or other employees are located on the premises. B. The business records of the licensee, including Federal and State tax returns, shall be available for inspection by the City at all reasonable times upon written request. 1211.02. Responsibility of Licensee. A. Orderly Conduct. Every licensee shall be responsible for the conduct on the licensee's place of business including conduct and activity attributable to the business on property owned or controlled by the licensee. Every licensee shall also cooperate with the City in controlling activity attributable to the business in surrounding areas. B. Act of Employee. The act of any employee in violation of this Chapter on the licensed premises is deemed the act of the licerisee as well, and the licensee shall be liable for all penalties provided by this Chapter and other laws equally with the employee. 1211.03. Hours of Operation. A. Hours and Days of Sale. Hours and days of sale shall be as allowed by state law. There shall be no consumption or display of intoxicating or 3.2 percent malt liquor during the hours that sale is prohibited by state law. B. Non-employees on Premises. A liquor licensee shall not allow non-employees on the business premises from fifteen (15) minutes after the sale of intoxicating liquor is prohibited until the sale is again permitted except as hereinafter provided. On-sale intoxicating liquor licensees and on- sale 3.2 percent malt liquor licensees may permit non-employees on the premises during its normal hours of operation when the sale of intoxicating and 3.2 percent malt liquor is prohibited, provided, that there be no sale, consumption, or display of intoxicating or 3.2 percent malt liquor during the hours in which the sale or consumption of liquor is prohibited, and provided that the licensee has closed off all access to the bar area in a manner approved by the City. 1211.04. Posting License. All liquor licensees shall have the license posted in a conspicuous place that is visible to the public in the licensed establishment at all times. Plymouth City Code 1211.05 1211.05. Building Changes. Proposed enlargement or substantial alteration which changes the character of the establishment, or extension of premises previously licensed shall be reported to the City Clerk at or before the time application is made for a building permit for any such change. The enlargement, substantial alteration or extension shall not be allowed unless the Council approves an amendment to the license. 1211.06. Public Character of Liquor Sales. No sale of liquor shall be made to or in guest rooms of hotels unless: 1. 2. 3. the rules of such hotel provide for the service of meals in guest rooms; the sale of such liquor is made in the manner on-sales are required to be made; such sale accompanies and is incidental to the regular service of meals to guests therein; the rules of such hotel and the description, location, and number of such guest rooms are fully set out in the application for the liquor license. 4. 1211.07. Restrictions Involving Underage Persons. A. No licensee, his 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 such licensee, or his agent or employee, permit any such person to be furnished or allowed to consume any such liquors on the licensed premises; nor shall such licensee, his agent, or employee, permit any such person to be delivered any such liquors. B. No person under the legal drinking age shall enter a licensed premises for the purpose of purchasing or consuming any alcoholic beverage. It is not unlawful for any person who has attained the age of 18 years to enter licensed premises for the following purposes: 1) to perform work for the establishment, including the serving of alcoholic beverages, unless otherwise prohibited by statute; 2) to consume meals; and 3) to attend social functions that are held in a portion of the establishment where liquor is not sold. C. No person under the legal drinking age shall consume or receive delivery of intoxicating or 3.2 percent malt liquor except in the household ofthe minor's parent or guardian, and then only with the consent of such parent or guardian. D. 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. Plymouth City Code 1211.07, Subd. E 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 employee, or agent, produce and permit to be examined one of the forms ofidentmcation provided under Minnesota Statutes Section 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 the underage person involved has obtained and presented to the licensee, his employee or agent, a driver's license, passport or identification card from which it appears that said person was not an underage person and was regularly issued such identification card, shall be prima facie evidence that the licensee, his 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. 1211.08. Employment of Persons Under Eighteen Years of Age. No person under eighteen (18) years of age may serve or sell intoxicating liquor in a retail intoxicating liquor establishment. 1211.09. 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. Gambling and gambling devices are not permitted on licensed premises. State lottery tickets may be purchased and sold within licensed premises as authorized by the director of the state lottery. 1211.10. Ownership of Equipment. No equipment or fixture in any licensed place shall be owned in whole or in part by any manufacturer or distiller except such as shall be expressly permitted by state law. 1211.11. Display of Liquor. No on-sale liquor establishment shall display liquor to the public during the hours when the sale of liquor is prohibited. Plymouth City Code 1211.12 1211.12. Delivery. A. Restrictions. Only licensed off-sale retail liquor establishments and no other dealers may make deliveries of intoxicating liquor from their stores to the residence of the purchaser or other location. Such delivery shall be made only to a person 21 or more years of age. No deliveries may be made to a beer tavern or other public or private place in violation oflaw. No deliveries may be made to purchasers in any location where the sale or delivery thereof is prohibited by law. No deliveries may be made of any intoxicating liquor during the hours when off-sale of liquor is prohibited by state law or municipal ordinance. Only alcoholic beverages ordered and packed at the store for delivery shall be carried in the delivery vehicle. B. Delivery Tickets Required. The person in charge of any vehicle delivering intoxicating liquor to purchasers shall carry an invoice or delivery slip stating the date and names and addresses of the seller and purchaser, itemizing the number, size, and brands of intoxicating liquor to be delivered. Upon delivery, the invoice shall be signed by the person accepting delivery and by the deliverer and the signed copy preserved on the retainer's premises for a period of six months. C. Licensee May Refuse to Deliver. Any licensee, or employee or agent of the licensee, may refuse to sell or deliver intoxicating liquor to any person whom they have reason to believe is ineligible to buy such liquor, or whom they have reason to believe intends to deliver the intoxicating liquor to ineligible consumers. They may require a person of doubtful age to produce written evidence of being 21 or more years of age. 1211.13. Samples. Off-sale licensees may provide samples of malt liquor, wine, liqueurs, cordials, and distilled spirits which the licensee currently has in stock and is offering for sale to the general public without obtaining an additional license, provided the wine, liqueur, cordial, and distilled spirits samples are dispensed at no charge and consumed on the licensed premises during the permitted hours of off-sale in a quantity less than 100 milliliters of malt liquor per variety per customer, 50 milliliters of wine per variety per customer, 25 milliliters of liqueur or cordial, and 15 milliliters of distilled spirits per variety per customer. (Ord 98-2, 01/07/98) 08/07/2001 THU 09:38 FAX I4i 001/005 f." n ~~ ru ~ p l\{ r e.. r.- "1 u r, cl {"", f\<3 L Ii P .."' ~:. ~... fA.! CITY OF HUGO WASHINGTON COUNTY I MINNESOTA NOTICE OF HEARING TO: Adrian Faul Kramarczuk FROM: Gregory G. Gallerj City Attorney DATE: March 2, 1999 RE: City Hearing rag~rding Allegation of Sale of Alcoholic Beverages Without a License 'I'he City has received complaints regarding your property located at 13891 Forest Boulevard North, City of Hugo, Washington County, Minnesota" Specifically, it has been alleged that. on February 3, 1999 (and at other times in 1999 prior thereto), your businel;ls known as liThe End Zone" sold alcoholic beverages in the City of Hugo without first obtaining a liquor license to do so. The City Coun,::il has reviewed the complaints. The Council voted on March 1, 1999 to conduct a hearing to dete:rmine lt t.he City should impose a civil sanction (if the allegations are proved) pursuant to City Code Chapter 232, Your hearing is scheduled for March 15, 1999/ beginning at 7;30 o/clock p.m.. The hearing will take place in the City Council Chambers at the City Hall. You are axnGctad tc &RPsar in perSQn a~ that t~. and olace fully prepared. It is the intent of this notice to provide you with clear ~nd ac~ual notice of the nature of the complaint which was made. Attached to thi~ notice are copies of twenty-eight (28) pages of documents whioh disclose to you the names of the person (13) (if applica.ble) ~Alho have made allegations against you. The documents also describe the fact:Jal basis for the complaint (5) against you. The documents also contain a copy of the procedural outline and a copy of the City's civil Penalty Ordinance, It is the intention of the City to provide you wit.h a reasonable time and opportunity to present testimony in your defense. If you believe that you need additional t~me ple<:lse advise me immedi~tely so that I might re-echedule the hear1.ng. You also have the right to have an attorney :cept'esent you, If you desire addi~ional time to obtain the services of an attorney please let me know in~ediately so that I might re-schedule the hearing. Dated: BY ku""TKORITY OF' THE: CITY COUNCIL: Gregory G. Galler, City Attorney (651) 4.39-2878 ) 06/07/2001 THU 09;40 F.~ IilJOO4/005 IV. Council Deliberations. A. Statement bv Meetinq Chai~~erson: At this stage of tne proceedings we are to discuss only the issue of whethe~ or not it has been proved that a violation .of the Huge City Code has occurred. We need to proceed to reach Consensus as to that issu~ at this time. At some point, a. motion should be made alternatively a,s! I ~J follows: q \lla ~ "I hereby move that this Council maJte a finding that/HUgO City Code Chapter 150, Section 4, Subd. 1 has/has not {strike one} been proved based upon the information received by the Council at this hearing.;' B. The Chair of the meeting should seek a second for the motion. C. The Chair shall call twice for further discussion on the motion. D. The Chair shall take & roll call vote on the rnocion. V. Furcher Council Action. A. If a majority of the Council has voted ~llegation has not btaen proved, then the Chair a motion, second and vote that the proceeding and that the case be concluded. that the shall seek be closed B. If a majority of the council has voted that the ~llegation has been proved, then the Chair shall proceed to the next section of this outline. VI. Qonsideration of Civi1 Penal~. Statement by chair: In considering the issue of th~ proper Civil Penalty to be imposed, if any, you should be aware of the legal framework we are working in. Specifically, Hugo City Code Chapter 150, Section 12, Subd. 1 addresses civil penalties as follows: FailurE!. to Comply \,\lith the Law. The Council shall either suspend for a period up to sixty (60) days, or revoke, any liquor licen$e, or im~ose a civil fine not to exceed $ 2,000.00 for each violation upon finaing the ~icensee has failed to cornpl~ with any a?plicable :j 06/07/2001 THU 09: 40 F.U iii:I 005/005 statute, regulation, Or ordinance rela.ting to alcoholic beverages. A. Meet~ng Chair allows City Administrator to address Council as to how the Council should act. B. Meecing Chair allows subject to address Council as to how the Council should act. C. Meeting Chair inquires if anyone in the public wishes to address the issue. D. Council Deliberations. 1. Statement by Meeting Chair?erson: It is important to keep in mind that the purpose of this phase of the meeting is for the Council to determirtl!! what level of Civil Penalty, if ar:.y, is warranted given the nature of the violation that has beeTI proved. Consequently, deliberations should be based on coming to a consensus on that issue, l\.t t:hi~.. point the matter .shoul~ ot;>ened 11p :ear GcunciJ. deliberation. 2. At some point in time, the Chair will recognize a motion from the Council as to how the Council should proceed. 3. The Chair of the meeting should seek a !econd fer the motion. 4. The Chair shall c~ll twice for further discussion en the motion. 5. The Chair shall take a roll call vote on the motion. 6. rt the motion paSSES, the Chair shall then ask if there is any other business relevan~ to the meeting. If there is none I then the Chair should seek a motion to adjourn the meeting. 4 ~. MEMORANDUM DATE: August 2, 2000 " TO: Honorable Mayor and Council FROM: Ry-Chel Gaustad, CMC City Clerk RE: 2000 Liquor Compliance Checks and Violations Attached fmd a notice of hearing letter issued to Shirlie Kaye Moore of Shirley Kay's and Lynda Jawahir of the 49 club. The letter explains the purpose of the public hearing and the process. In short, the Council will determine whether or not they violated Lino Lakes Ordinance 701 and what, if any, action should be taken. Under the direction of Chief Pecchia, the Police Department will give an overview of their imdings. If the Council determines either establishment violated the Lino Lakes City Code 701, the City Clerk's Office recommends im, ' posing the following penalties: / pIP . Y 1. Two-day liquor license suspension, dates to be determined by Council.~' ~ . 2. The City posts notice of closing. jt;~ ;JJ;vJ' 3. $.1,~00 fmancial penalty, ~(frefundable if in one year no same or 'f, ' ' similar offense occurs. I' J, IJ1YO 4. Require all employees who serve liquor to attend server training. /V' ~ .? 5. Mandatory liquor code handbook to be available to all employees at / / ~~ ~ 600 Town Center Parkway, Lino Lakes, Minnesota 55014-1182 Phone: 651-982-2400 · Fax: 651-982-2499 · TOO: 651-982-2410 06/07/2001 THU 09;37 FAX 6127852859 CITY OF CIRCLE PINES 141001 inspect and search the premises of the licensee during business hours without a warrant. Subd. 11 Co~~liance With State Laws. No license shall be issued in violation of any of the laws of the State of Mirmesota, and any violation of any law of the State of Minnesota relating to the aale and distribution of liquor shall be consid~red a violation of this code. 400.10 SUl!penBion and Rsvooation. The Council may either suspend for not to exceed 60 days or revoke any liqtl0r license, or impose a civil fine not to exceed $2,000 for each violation, upon a finding that the license.e has failed to comply with any applicable statute, regulation or provision of this Code relating to alcoholic beverages, or becomes ineligible for a license pursuant to any provision of this code or state law. No suspension or revocation shall take effect until the licensee has been afforded an opportuni ty tor a hearing before the Council pursuant to sections 14.57 through 14.69 of the State's Administrative Proced.ure .n~ct. This section does not require the City to conduct the hearing before an employee of the Office of Administrative Hearings. SECTION 405 LICENSING AND REGULATING THE SALE AND CONSUMPTION OF NON-IN"l'OXICATING MAL'!' LIQUOR 405.01 Provisions of State Law Adopted. E~cept where this Section contains a different provision, the prOVi.sions of Hinn Stat. I Chap. 340A., relating to the definition of terms, licensing r consumption, sales, conditions of bonds of licenses, hours of sale, and all other. matters p~rtaining to the re~ail sale, distribution, and consumption of non-intoxicating liquor are adopted and made a part of this Section as if eet out in full. 405.02 ~cense Required. Subd. 1 Licenses. No person, except wholesalers and manufacturers to the extent authorized by law, shall deal in or dispose of by gift. sale or otherwise, or keep or offer for sale/ any nOn- into~icating malt liquor within tbe City without first Cbapter 4 15 'tervi[{e Tstaflished 1857 1880 %ain Street . Centervi[[e/ %'JIf... 55038 (651) 429-3232 . !fat( (651) 429-8629 July 23,2001 Mr. Terry Sager Sager's Liquor SaHawk, Inc. 7093 - 20th Avenue South Centerville, MN 55038 Dear Mr. Sager: At its June 27, 2001 meeting, the City Council discussed recent liquor compliance check results and licensing concerns. During this discussion, Council expressed its desire to work with and ascertain local establishments input on drafting a Liquor Violation Policy. The Council would like to extend an opportunity to you to contribute input on the above stated issue at its July 25,2001 Council Meeting. You will have an opportunity for input; however, time limitations do exist, and Council requests that your input be kept to approximately five (5) minutes in length. Council would like to thank you in advance for your input on this matter. Sincerely, c__---~ ~~ Teresa Bender Clerk/Treasurer - . I "Citervi{{e Tsta6[isfiea 1857 1880 Main Street It Centervi{{e} M~ 55038 (651) 429-3232 .. :fat( (651) 429-8629 July 19,2001 Mr. Bill Bisek Kelly's Komer 7098 Centerville Road Centerville, MN 55038 Dear Mr. Bisek: At its June 27, 2001, the City Council discussed recent liquor compliance check results and licensing concerns. During this discussion, Council expressed its desire to work with and ascertain local establishments input on drafting a Liquor Violation Policy. The Council would like to extend an opportunity to you to contribute input on the above stated issue at its July 25,2001 Council Meeting. You will have an opportunity for input; however, time limitations do exist, and Council requests that your input be kept to approximately five (5) minutes in length. Council would like to thank you in advance for your input on this matter. Sincerely, // L---~j ~L<L---J Teresa Bender Clerk/Treasurer J I ervi{{e 1880 Main S treet ~ Centervi[[e/ M'JI.[ 55038 (651) 429-3232 ~ Twc (651) 429-8629 July 19,2001 Mr. Paul Montain Mountain Enterprises, Inc. 7082 Centerville Road Centerville, MN 55038 Dear Mr. Montain: At its June 27, 2001, the City Council discussed recent liquor compliance check results and licensing concerns. During this discussion, Council expressed its desire to work with and ascertain local establishments input on drafting a Liquor Violation Policy. The Council would like to extend an opportunity to you to contribute input on the above stated issue at its July 25, 2001 Council Meeting. You will have an opportunity for input; however, time limitations do exist, and Council requests that your input be kept to approximately five (5) minutes in length. Council would like to thank you in advance for your input on this matter. Sincerely, .---....~ ." ) / . A. ~~/ .." _~_--=.Lf.,,-~ Teresa Bender Clerk/Treasurer " ervi[{e 1880 'Jvrain Street @ Centervi[[e/ 'Jv{'J{ 55038 (651) 429-3232 . 'Fa{ (651) 429-8629 July 19,2001 Mr. Rich DeFoe Waterworks Beach Club 7281 Main Street Centerville, MN 55038 Dear Mr. DeFoe: At its June 27, 2001, the City Council discussed recent liquor compliance check results and licensing concerns. During this discussion, Council expressed its desire to work with and ascertain local establishments input on drafting a Liquor Violation Policy. The Council would like to extend an opportunity to you to contribute input on the above stated issue at its July 25,2001 Council Meeting. You will have an opportunity for input; however, time limitations do exist,. and Council requests that your input be kept to approximately five (5) minutes in length. Council would like to thank you in advance for your input on this matter. Sincerely, ~_L_/ --"', d '---------- ~<'--~ ...u';:'r~~.d: Teresa Bender Clerk/Treasurer Teresa Bender From: Sent: To: Subject: Mari Nelson [sbi@mninter.net] Thursday, July 19, 2001 4:06 PM Paul Palzer; Theresa Bender Acting Administrator Theresa: Please forward to council the following. FYI to Council: 07/19/01 Received telephone call from Randy Schumacher, City of Columbia Heights. He said he had talked with Mark Nagel, the other individual Jim Hoeft suggested as an acting city administrator. Mr. Schumacher and Mark Nagel are not avail but they recommended Mr. Ken Anderson (763 576-3987) as a person to fill the acting city administrator position if the council determines it is necessary to do so. Mr. Anderson is between positions at the moment, has been City Administrator & held several positions in community development. It appears things are working out well with Theresa & Paul co-managing the city administrator duties, but it is nice to have an option if need be. At some point we may want to look at some assistance with setting the levy and budget from an individual such as Mr. Anderson who has performed these tasks with other cities. But at this point, this is just information and another option. Mari Nelson Centerville City Council Member mari@RK7.com Simply Bookkeeping, Inc http://www.sbi.rk7.com 1 .; 1 CENTENNIAL FIRE DISTRICT BUDGET 7/10/2001 Account 2001 2002 Change % Change 600 Logistic Supplies 1,000 1,000 0 0.00% 602 Fire Calls 36,000 38,000 2,000 5.56% 603 Rescue Calls 35,000 36,000 1,000 2.86% 604 Training Calls 21,000 18,000 (3,000) -14.29% 605 Maintenance Drills 10,000 13,000 3,000 30.00% 745 Inspection Wages 20,000 42,000 22,000 110.00% 606 Fire Prevention Wages 5,000 3,000 (2,000) -40.00% 610 Vehicle Maintenance 20,000 20,000 0 0.00% 611 Fuel and Lube 5,500 7,000 1,500 27.27% 612 Other Maintenance 10,000 12,000 2,000 20.00% 620 Uniforms 2,000 2,000 0 0.00% 625 Equipment 30,000 30,000 0 0.00% 650 Insurance 25,000 25,000 0 0.00% 655 Medical Physicals 3,000 3,000 0 0.00% 670 Accounting Services 3,200 3,200 0 0.00% 675 Legals 2,000 2,000 0 0.00% 680 Office Supplies and Printing 6,000 6,000 0 0.00% 695 Community Service 3,000 3,000 0 0.00% 705 Dues and Memberships 2,000 2,000 0 0.00% 706 Subscriptions 500 500 0 0.00% 710 Travel and Conferences/School 14,000 14,000 0 0.00% 715 Cleaning Supplies and Services 6,000 6,000 0 0.00% 720 Telephone 7,000 10,000 3,000 42.86% 730 Utilities 22,000 22,000 0 0.00% 735 Medical Supplies 2,000 4,000 2,000 100.00% 740 Breathing Air 2,500 2,500 0 0.00% 601 Salaried Positions 16,000 16,000 0 0.00% 750 Secretary 30,000 36,606 6,606 22.02% 755 District Chief 59,000 63,000 4,000 6.78% 760 Steering Committee Secretary 0 0 0 765 Payroll Taxes and Benefits 19,000 23,000 4,000 21.05% Contingency 5,000 5,000 0 0.00% Total 422,700 468,806 46,1 06 10.91 % Relief Association 21,500 22,000 500 2.33% Depreciation Common Area Charges 23,534 22,631 (903) -3.84 % Total 467,734 513,437 45,703 9.77% Capital Equipment 100,000 100,000 0 0.00% Total Budget 567,734 613,437 45,703 8.05% CentennialX/Centennial Budget 2000 ,; Centennial Fire District 2002 Funding Formula 2002 BudQet Centerville Circle Pines Lino Lakes Total 1996 Runs 107 291 483 881 1997 Runs 100 247 477 824 1998 Runs 96 219 525 840 1999 Runs 112 261 484 857 2000 Runs 104 237 556 897 Total 519 1255 2525 4299 Five Year AveraQe 103.80 251.00 505.00 859.80 Market Value per Anoka County 154,675,000 200,578,500 872,182,400 1,227,435,900 Market Value divided by 1,000,000 154.68 200.58 872.18 1227.44 Population per Met Council 3,202 4,663 16,791 24,656 Population divided by 100 32.02 46.63 167.91 246.56 CALCULATION Five Year Average of Runs 103.80 251.00 505.00 859.80 Market Value divided by 1,000,000 154.68 200.58 872.18 1227.44 Population divided bv 100 32.02 46.63 167.91 246.56 Total 290.50 498.21 1545.09 2333.80 Percentage of Total 12.4% 21.3% 66.3% 100.0% 2002 BudQet 76,066 130,662 406,709 613,437 Centennial Fire 2002 Budget Contribution by City Centerville 12.4% Lino Lakes 66.3% - Circle Pines 21.3% CentennialX12000 Formula 7/10/2001 .; ....- Q -- r-- ...... 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OeD N<D LOl"- I ~~ 00::1" <DO LO<D I 00::I"~ 00 0')0 LOO T""" I O~ ~LO <Do:> <DLO I 00::I"~ f'.:0) o 1"-0) I T""" T""" I ~~ 00::1" I"-LO 1"-0 T""" I Q) OJ C CO ..c o '+- o ro~ (5 I- ; , 07/02/2021 08:57 6514079523 SIMPLY BOOKKEEPING : PAGE 01 ~ Marl Nelson From: Sent: To: SUbJect: okanke@juno.com Thursday, June 28,2001 9:27 PM sbi@mninter.net Question Hello Mar;, You were so helpful with our park issue. last Summe.r I thought 1 would run Our most recent problem by you. Since moving into our home (7847 Center Street) we have experienced a ffood of water in our baCkyard each Spring. This Spring was extremely bad. So had that our basement flooded. We tafked with our neighbors (7833 Center Street & 1825 Cenrer Street) and they too had extreme water problems this Spring. So my wife and I set out In early April to see if there was something that could be clone to alleYiate this problem. We read books, contacte.d the Citv of Centervll/e (Paul ?, the city planner) and had numerous landscape desIgners give us their thoughts and quotes. The City of Cem:ervllle told us to fill in our baCkyard and use drainage. tile to move the water to the back of our yard. From there the water would drain across our neighbors backyard and into a marshy area. We took rhis plan and presented it to 5 different landscape designers. All 5 said this plan of acUon woulcl not work. In fact all 5 said this would only cause more problems for us and our neighhors. This option would kill most of the trees On the western edge of our yard, but most imporrantly, if we build up our backyard there is a strong possibility that instead of channeling the water away from our hOlJse WE! will be sendIng ;r directly towards our house. The engineers with the City of Centerville failed to notice that the area they want us to channel the water to has a higher elevation than our yard. Another issue with this option pertains to 1825 Ce.nter Street, The water draining from the surrounding homes evemua"y ends up in a marshy area adjacent to 1825 Center Street. As water fills this marshy area it floods into our neighbors baCkyard. The predominant solution offered by these landscapers was to have a ditch run across our backyards and into a sedime.nt pond. We would then use drainage tile to channel the water from our yards into that ditch, The City of Ce.ntel"ville owns wooded property that runs the extent of our hackyards. Therefore we are asking the City of Centerville to fund part of this project. Mainly the ditch running the length of our yants ancl also somewhere for the overflow to go hesldes into the backyard of 1825 Center Street. There is a drainage ditch that runs from Centerville Road to approximately half way up the northe.rn portion of Center Street then 1 07/02!2~21 08:57 6514eJ79523 SH1PLV BOO<KEEPH,IG : abruptly ends. From talking with the City Planner I Was told that ours was one of the first developments in CenterviJ/e (md there were no provisions made with the developer for drainage Issues. In summary, we have a water problem that Involves our neighbors and city property. We are more than happy to fund our portion of the solutioYl, now we are hoping the city will do its part. Hopefully, we will be. able to follow up soon here with at least a rough sketch of what I have me.ntioned here. Thanks again, Keith Okan 1847 Center Street Ce.nterviJIe, MN 55038 (651) 762~8875 -------------------.---------------~----------------~-------~--- GET INTERNET ACCESS FROM JUNO! Juno offers FREE or PREMIUM internet access for less! Join Juno today! For your FREf software, visit: htrp.//cll. www.juno.com/get/tagj. 2 PAGE 02 Mari Nelson From: )ent: To: Cc: Subject: CGailu@aol.com Wednesday, July 11,2001 11 :08 AM sbi@mninter.net mari@rk7.com Centerville Center St. problems Hi Mari, My name is Cindy Ulshafer and I reside at 1825 Center Street in Centerville. I have lived here for 9 years, purchasing my home in June of 1992. Since that time I have had to "put up" with severe water problems in my backyard from a poorly designed drainage system. This so-called system was put in place just before I moved into my house and was done by the city of Centerville. Because this was done before I purchased my house and was arranged by the previous owner, I had no say in what occurred. In June of 1992, the city came and placed a drainage ditch behind several homes and the end result was that it would pool in my backyard. Every spring I have a pond of water in my yard that will not dry up until late June or early July. There is no way I can find to correct this problem, and it is something that obviously "devalues" my property. I understand that there is a city council meeting tonight and this issue will be brought up by my neighbor Keith Okano I will not be able to attend as I have a prior commitment and cannot change it at this late date. I am very concerned about this and would like to have some resolution. I believe that "he city is responsible for the way the water drains in my property and I vould like to have it changed. With all the new construction in the area, I am sure this has contributed to the problem. Three weeks ago, I called Tom Peterson, city engineer about this and he said someone would come out and look at it. No one ever called me back and did anything about it. If you have further question, please feel free to contact me at any time. I am eager to hear what is discussed at the meeting. Sincerely, Cindy Ulshafer 1825 Center Street Centerville, MN 55038 (651) 653-4736 home (651) 210-3820 cell (763) 494-9854 work 1 , Mari Nelson From: .ent: .'0: Cc: Subject: Hippe, Lisa [Lisa.Hippe@compaq.com] Tuesday, July 10, 2001 9:53 PM 'mari@rk7.com' 'okanke@juno.com' Center st water drainage issue Hello Mari, We live at 7833 Center St,next door to Keith and Amy Okan,who live at 7847 Center st. Keith had emailed you our concerns with the water problems that we experienced this Spring and we just wanted you to know that we cannot make the City Council meeting Wednesday at 6:30. We have previous plans but would like you to know that we support any help the City could provide in solving this issue and we fully support Keith and Amy in the direction they would like to take with this.. If you have any questions, ,just email or call us at 657 -426-0 131 Thanks for your time.. Theodore, Lisa, and Jasmine Hippe 1833 Center St Centerville,Mn 55038 1 . -..ll 1 :J ~ Ul n ro ::J r-t ro """'I l/) r-t' ~ OJ W w n ro ::J r-t ro """'I l/) r-t . ~ OJ ~ ~ n ro ::J r-t ro """'I l/) r-t' k f f f f f 0\ f f f f f f f f ~ f ~ f f -- f~~'-~- r o ~ -0 o -. ::J r-t * -- * OJ ""0 o ::J rl VI 3 OJ ..... ^ I'D 0- OJ ..... I'D ::J"" I..Cl ::J"" I'D ..... I'D I'D < OJ rl o ::J rl ::J"" OJ ::J rl ::J"" I'D o ~ I'D VI rl ""0 2. ::J rl m Q) La ro u Q) """'I ^ Q) ::J Q.. U Q) r-t =r ::J o c ..... ~ ..... CXl ~ ..... n I'D ::J ...... I'D ..... V') ~ a- OJ n ^ '< OJ ..... p... For ,Mayor' Swedberg and the city council members Thu 19, 2001 8:48 AM From: "Bert Casper" <bertcasper@qwest.net> To: Jim March <jmarch@goldengate.net> Date: Thu 12, 2001, 9:03 AM Subject: For Mayor Swedberg and the city council members ------------------------------------------------------------------------- Mr. Mayor, last night, at the council open hearing about the Eagle Pass Second Edition, you requested that we send you our recommendations for council actions that might provide a solution to the issues covered in the petitions from Eagle Pass residents. Here is my personal response to that request: The developer and the builder both have economic considerations that are very important to them right now: the $5 million in additional revenue that would come from council approval for the Second Edition plan. As Jim March has advised the Council, this gives you some leverage to force compliance with at least some of the issues in our petitions. The Council, and the city government in general (including the City Attorney) have responsibilities for the safety of residents and an obligation to make living here less difficult. The residents have an obligation to pay taxes (about $500,000 per year for many years into the future in total from this one'development) and to attempt to secure a safe and pleasant environment. Why must we all make things so difficult for one another, especially when solutions can be relatively simple. My suggestion is for the council to meet with the builder and the developer and let them know that the Second Edition is not going to happen unless and until the issues covered in the petitions are solved first. If some issues cannot be solved, or don't make sense to the council, they could be set aside, I'm sure. Mr. Hoeft seems to prefer that we all sue one another. This is certainly a way to make life much more difficult for individuals, and much more profitable for attorneys. It seems to me that the council can impose its powers to withhold approval instead, and win the endorsement of your voting citizens. The potential citizens in the addition don't vote yet, as you know. Thank you for conducting an excellent meeting last night and for inviting us to comment. I will be paying close attention to what actions are taken on these important issues. Bert Casper bertcasper@qwest.net 651-429-7662 6979 Ea~le Trail Centerville, MN 55038 Page 1 of 1 GOR-EM, LLC. 1875 Commerdal Blvd. Andover, MN 55304 July 19,2001 City Administrator City of Centerville 1880 Main St. CenterviUe,MN 55038 Re: Preliminary Plat Eagle Pass 2nd Addition. Please withdraw our application for preliminary plat of Eagle Pass 2nd Addition. Thank you, /~ d2 ,L-, Mike Quigley /' /' GOT-em, LLC. , J ~.'. .~ TO: Honorable Mayor and Council Members FROM: Teresa Bender, Clerk/Treasurer SUBJECT: Discussion with Linda Waite-Smith, Lino Lakes City Administrator DATE: July 20,2001 On Thursday, July 19, 2001 I spoke with Ms. Linda Waite-Smith in regards to the City of Centerville's desire to continue discussing the Quad Cities Police Department proposal. Ms. Waite-Smith stated that the City of Circle Pines had forwarded a letter stating their willingness to consider the abovementioned proposal; however, would not be participating until 2003. Ms. Waite-Smith stated that the City of Lexington had notified her of the same verbally. I was uncomfortable with giving any information, so I informed Ms. Waite-Smith that I would inform Council of same. Ms. Waite-Smith stated that the City ofLino Lakes is in the middle of their budget preparation for 2002 and this would not be an item contained in same. JUl 2 3 2001 Centennial Lakes Police Department 200 Civic Heights Circle, Circle Pines, MN 55014 (763) 784-2501 Fax (763) 784-0082 July, 17, 2001 City of Centerville 1880 Main Street Centerville, MN 55038 Dear Mayor and City Council Members: By unanimous vote, the members of the Centennial Lakes Police Commission have directed me to write to the city councils of Centerville, Circle Pines and Lexington to express their general concern relative to the current initiative to form a quad-city police department. Justified or not, their apprehension has been fueled by recent newspaper articles, various documents, and general lack of communication. Rightly or wrongly, the current situation is rife with rumors and has effected a high level of anxiety, not only on the Commission, but also within the rank and file of the Centennial Lakes Police Department. Although this may be an opportune time to explore the merits of forming a quad-city police department, the Commission, in response to prevailing attitudes, respectfully recommends: 1) Respective city councils approach the issue with openness and sensitivity to dispel further rumors and unrest. 2) Limiting any further inter-city discussions, at this point, to the adoption of a formal procedure for evaluating any and all organizational and management options. 3) Developing a task force process similar to the successful process, which was used to evaluate and develop the existing tri-city joint powers agreement. 4) A Police Commission representative be invited to any further discussions regarding the formation of a quad- city police department. 5) Providing the Police Commission with a copy of all formal communications between member cities and the City of Lino Lakes regarding formation of a quad-city police department. Although the concerns of the Commission and department personnel may be premature, we would like assurance that the proposal submitted by the Lino Lakes police chief is not a "done deal" as has been reported, and that the councils do not intend to rush this important decision. Respectfully sUbm~. d, 1 ,/1 '; ~ ,f. .) " ., / . 1 I' 1 , I) '~-" ". 'l;. ~ '2&. \' . L) 'f}rl/l/hJ / ""'.'1. .t/".v if.., I. F~' Karen Varian, Chair Centennial Lakes Police Commission Cc Mayor and City Council Members of Lexington and Circle Pines Centennial Lakes Police Commission CITY OF CIRCLE PINES JUl. 2 j 200r 200 Civic Heights Circle Circle Pines, Minnesota 55014-1795 Telephone (612) 784-5898 FAX (612) 785-2859 TOO (612) 784-9724 Lee Ann Osbun, Mayor Daniel E. Stoltz, Councilmember Susan Nelson, Council member Philip Korst, Councilmember Andrew Gibas, Councilmember James W. Keinath, City Administrator July 18,2001 Mayor Tim Swedberg 7239 Clear Ridge Centerville, MN 55038 Mayor Dot Heifort 9272 Griggs Avenue Lexington, MN 55014 Mayor John Bergeson City of Lino Lakes 600 Town Center Pkwy. Lino Lakes, MN 55014 Jim March, City Adm. City of Centerville 1880 Main Street Centerville, MN 55038 Mike Delmont, City Mgr. City of Lexington 4175 Lovell Rd., Suite #140 Lexington, MN 55014 Linda Waite Smith, Adm. City of Lino Lakes 600 Town Center Pkwy. Lino Lakes, MN 55014 Karen Varian, Chair 1817 121 51 Avenue NE Blaine, MN 55449 Chief Joel Heckman Centennial Lks. Police Dept. 200 Civic Heights Circle Circle Pines, MN 55014 Chief David Pecchia Lino Lakes Police Dept. 640 Town Center Pkwy. Lino Lakes, MN 55014 Dear Mayors, Administrators, Commission Chair, and Chiefs: The purpose of this letter is to express the Circle Pines City Council's intent to continue consideration of a Quad City police department. Such a department potentially could comprise the cities of Centerville, Circle Pines, Lexington, and Lino Lakes, and might result in a merger between the existing Lino Lakes Police Department and the existing Centennial Lakes Police Department. We have been part of discussions about a quad city department for a number of years. Our discussion of this issue in no way indicates dissatisfaction with the quality of our present police officers and the services they provide. We feel fortunate to have high quality personnel who act with competence and professionalism to meet the law enforcement needs of our citizens. We would be remiss, however, if we did not explore potential cost savings and other benefits that might accrue from a merger of the two existing departments. At the request of the Lino Lakes City Council, Lino Lakes Police Chief David Pecchia has prepared a draft proposal outlining one version of a quad city department. We invite and encourage the Centennial Lakes Police Department to draft its own proposal for a quad city department by October 1,2001. This would provide two different versions as a starting point for research, discussion, and evaluation. Printed on Recycled Paper Because it is the responsibility of the City of Circle Pines and other cities to decide what law enforcement arrangements will best meet the needs of their citizens, we assume that initial discussions about a new department will include representatives of the interested cities. As a more concrete proposal emerges, we would hope to obtain additional input from interested parties. We encourage the four cities to continue explorations oftrus joint effort. We are willing to pursue information about a joint department with any interested cities. Please distribute this to your respective council members, commission members, and officers. Sincerely, ~' .~. -,//~~ /(~J) ,- ,# (;~J{.A.l./~vbM4~ , Lee Ann Osbun Mayor, City of Circle Pines LAO/mh \ \ .-,. Memorandum From the desk of Ray De Vine.H To: Date: Subject: Honorable lVlayor and City Council members July 19, 2001 Fete des Lacs From: Chairperson Ray DeVine I am planning to be in attendance at the July 25th Council meeting in order to answer questions regarding a couple items that are being included on your agenda. I have received a financial update on the 2001 Fete des Lacs and have included it for your review. It is, however, rather tough to speculate exactly how we are going to come out this year as many of our corporate sponsorships do not commit until the week before. I feel as though we are on track from what I learned last year, but, as I said it is very hard to speculate. I have also enclosed for your approval, the permits needed to put on the event. The Centerville Lions Club is actually requesting two of the permits and the Fete des Lacs committee is requesting the others. ~ Permit to serve 32% alcohol at Laurie Lamotte ParlL This is done in accordance with the . Centennial Lakes Police Department as in past years. Any person who is purchasing or consuming 3.2% alcohol at the park will be required to be wearing a wristband issued by The Centerville Lions Club, will be required to purchase the alcohol from the Centerville Lions Club and win be required to remain within the designated areas. >- The Centerville Lions club will also be hosting bingo again this year under the Main Stage Tent on Friday evening from 6-10. ~ A noise permit is required to notify the city, the police and the area residents of the band that will be playing under the Main Stage Tent on Saturday night. I was not made aware of any complaints from last years event, in fact, I personally visited with some of the closest neighbors and they were looking forward to attending the event. ~ I also understand that we are required to obtain a permit to dance or a permit to have a dance, I was not aware of this permit and will provide answers to any questions that arise on this issue. I appreciate your consideration. As always, if you have any questions that I can answer, please feel free to call me: f C~fV'\ ~~ So . (e Q. \JeS-t-( la- be- ,-,,,.J oJ V e. c\ ~) 0- 4)k e ~~t- C\.\I ~ ~r (1/\ ;+- ~~5 c ';+;j , - . Application for 1 to 4 Day Temporary On-Sale Liquor License Page 1 of2 A,l)PL~c'\..'rlONANn l:lElli'\'llT FOR A 1. TO 4 DAY TE1VWORAR'f ON-SALE L1QUOR LIC1J:,NSE (Org:li<lizlll~on ur loc;l!iQU Emii.ed 10 :3 p..:e:I!~H:s iu ,\ I2 month peri.od.) ( lvlo TAX Ex:EMI"T NU\f8ER IG9'J ~~'r\. 'Sf""'. #- 20! tc.'--II< \Vi:U the :J;pp.lic.lilll cotltra'Jtlllr i!llc)!'Qc:Hing Hqllm: &~rvices't If ,,(), d,'e ,he iltl!.ln!l: i1nd ;tdcIl':::~. C!['" ih~ ]jcm[;, ll-~:::il:~c provildiul!: ~iL>c slOTvlce ~\J6 - . -. \'Vill tbcappjj}(::illli[ Ci:lny liquor .Esbilily ill"'l.lnmcc~' fj'so, the c,trrlcr' }; lWlliC lUlU :!i.:!!(Hml of tovcruf:::. (NOTE~ hl.,'>llr~lce:sm)lmruml~ltarY)"'''_,JeS! C Dr pOR\-\-t' Z-( Sv\S..,.'C.ACE" f r4~~l;/''\+ '7 "__ APPROVAL. ... AP'PLICA DON [\10S'fBE AP.PROVEfJHY CITY OR COUNTY 'BEPORE; SU!lM ITTlNG TO U{!UOR CO.JIlt'.ROI, CTTY/COLiNTY DATE AP1>ROVED CITY FEE Ai\.10UNT UCENSE DATES DATE JiEEPAJD StGNATURE CTTY CJ.J1RK OR COUN:T:{ OFFiCIAL APPRO\/]~D LIQUOR CONTROL DlllliCTOR NOIE; ~Ol[) lwl Sepilr<de the:sciwo p:.!:l.t~> :;;endboth l}arts: tn the; atldr\":s,' itlW~'C i~nd the udgimi.l sighed hy this i1h'isiml will be retuml:d ai~ the ltcense. Submit to the Cli)' (O~ COllnty at JC2lSt In da:..." bc:n~rc thee:'Wt'Itl. PS-O')079{8J http://www.dps.state.rnn.us/alcgamb/ alcenflforms/ 4daytemp .html 9/26/00 July 26,2001 Mr. Stephen W. Robertson, Hydrologist Minnesota Department of Health Environmental Health Division P.O. Box 64975 S1. Paul, MN 55164-0975 Re: City of Centerville' s Wellhead Protection Program Dear Mr. Stephen: The City of Centerville requests that the MDH review our Wellhead Protection Plan Part I report for approval. Our City Council has reviewed and approved the following plans at their second meeting in July 2001. 1). The proposed Wellhead Protection Plan 2). The Drinking Water Supply Management Area Delineations 3). The Vulnerability Assessments Also, we have notified appropriate LGU's as per my letter of 4/23/01, which is enclosed for your information. Please review and advise us on how to proceed. You may contact me at 651-429-4750. As a smaller community with limited staff to address these issues, we greatly appreciate the assistance of the Minnesota Department of Health. Sincerely, Paul J. Palzer Public Works Director Cc: City Council CITY OF CENTERVILLE WELLHEAD PROTECTION PLAN Part 1: · Wellhead Protection Area Delineation · Drinking Water Supply Management Area Delineation · Vulnerability Assessment May 2001 Table of Contents EXECUTIVE SUMMARY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i DATA ELEMENTS and ASSESSMENT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 WELLHEAD PROTECTION AREA and DRINKING WATER SUPPLY MANAGEMENT AREA DELINEATION .........................................3 VULNERABILITY ASSESSMENT..............................................6 REFERENCES ............................................................... 8 APPENDICES Appendix A - WHP A Program Materials Public Water Supply Profile Documentation List Appendix B - City of Centerville Municipal Well Logs Appendix C - City of Centerville Aquifer Test Analysis Appendix D - Vulnerability Assessment Worksheets TABLES Table 1. Municipal Water Supply Well Information Table 2. Past and Projected Well Use FIGURES Figure 1. Final Wellhead Protection Areas and Drinking Water Supply Management Areas, City of Centerville Figure 2. Bedrock Geology, Southern Anoka County EXECUTIVE SUMMARY This report documents the delineation of the wellhead protection areas and drinking water supply management areas for the City ofCenterville, PWS ID No. 1020036. The delineation was performed in accordance with rules (Minnesota Rules 4720.5100 to 4720.5580) for preparing and implementing wellhead protection measures for public water supply wells. The rules are administered by the Minnesota Department of Health (MDH), and the results described in this report were prepared as a group effort involving staff from the following organizations: Anoka County, the City of Centerville, and the MDH. Key documentation relative to the City of Centerville's wellhead protection effort is contained in Appendix A. The City of Centerville obtains its drinking water supply from two wells (Table 1) completed in the Prairie du Chien - Jordan Aquifer System, which is comprised of the separate Prairie du Chien Dolomite and Jordan Sandstone. The Prairie du Chien and the Jordan each exhibit confined hydraulic conditions, and while they together are considered an aquifer on a regional basis, each has unique characteristics. Well No.1 is completed in the Jordan and Well No.2 is completed in the Prairie du Chien. W ell logs for the city wells are presented in Appendix B. The wellhead protection areas (WHPAs) for the city wells were delineated using a multi-aquifer groundwater flow model developed for the MDH by a private contractor (EOR, KDB Consulting, 2000). This model simulates groundwater flow in the Prairie du Chien and Jordan Aquifer systems, as well as in the overlying materials (where applicable). The model input set runs using a groundwater flow code known as MLAEM. The MLAEM model was used to delineate capture zones for all city wells. The drinking water supply management areas (DWSMAS) were determined by overlaying the boundaries of the WHP As on an aerial photograph and a map showing property parcel boundaries and roadways. The DWSMA was delineated using these features as boundaries. Figure 1 shows the boundaries of both the WHPA and the DWSMA. The amount of geologic protection documented in well logs from the city wells is sufficient to classify Centerville Well No.1 (511091) as nonvulnerable. In addition, results ofa tritium analysis of a water sample from the well showed non-detectable levels of tritium, another indicator that the well is not vulnerable. Because of this result and the nature of geologic protection in the area, this well and the aquifer it draws from in the DWSMA are not vulnerable to current land uses and, thus, the principal means by which they could be affected by land use activities is through wells or boreholes of equal or greater depth. Well No.2 (512748) is completed in the Prairie du Chien at a shallower depth than Well No.1, and water samples collected from the well contain tritium. The tritium results (4 t.u. in 1997) mean some of the water pumped from the well has infiltrated from the ground surface after 1953. Accordingly, the well is vulnerable to contamination from the ground surface and land use within the area of the DWSMA has the potential to affect the Prairie du Chien Aquifer. The city wells meet the construction standards of the State Well Code and are not considered a likely avenue for contamination to reach the aquifer from which they pump. CHAPTER ONE DATA ELEMENTS and ASSESSMENT (4720.5200) PART 1. REQUIRED DATA ELEMENTS A. Physical Environment Data Elements 1. Precipitation - Not considered directly because the aquifers exhibit confined hydraulic conditions. 2. Geology - Interpreted from well records and regional studies. 3. Soils - Not considered because the aquifers exhibit confined hydraulic conditions. 4. Water resources - The Mississippi, Minnesota and St. Croix Rivers were used as far-field boundaries to establish the regional flow field in this aquifer. B. Land Use Data Elements 1. Land use - Not considered for the Part I wellhead protection activities. 2. Public utility services - City sanitary and storm sewers were not considered potential sources of recharge to the drinking water aquifer because they are hydraulically isolated from aquifers used by the city for a water supply. C. Water Quantity Data Elements 1. Surface water quantity - Not considered a factor because the aquifers used by the city wells exhibit confined hydraulic conditions. 2. Groundwater quantity - Review of groundwater appropriations permits in the State Water Use Data System data base was performed to identify high capacity wells in the area that might affect delineation of the wellhead protection area. D. Water Quality Data Elements 1. Surface water quality - Not considered a factor because the aquifers used by the city wells exhibit confmed hydraulic conditions. 2. Groundwater quality - Routine monitoring by the Public Water Supply Program shows no contamination has been detected in samples from the city distribution system. The city treats the raw water to add chlorine and fluoride before it is pumped into the distribution system. 1 PART 2. ASSESSMENT OF DATA ELEMENTS USED TO DELINEATE THE WELLHEAD PROTECTION AREA A. Use of the Wells - The wells provide all ofthe water that is piped to the water distribution system. The wells used by the city provide different annual volumes of water (Table 2). Projected uses for the city's wells are also shown on Table 2. This table indicates which values were used for the WHP A delineation analysis. B. Wellhead Protection Area Delineation Criteria 1. Time of travel - A 10-year time of travel was selected. 2. Flow boundaries - In general, the aquifers used by the City of Centerville as a water supply are sufficiently deep that they are unaffected by local surface water resources. The bedrock aquifers used by the city are laterally continuous over the area of the city, but are abruptly truncated 1500 meters to the northwest and 2300 meters west of Well No. 1. The escarpment along which the Prairie du Chien and Jordan terminate trends southwest-northeast in this part of southeastern Anoka County (Figure 2) and is currently covered with unconsolidated glacial drift. This feature is represented in the regional model used for the delineations, but likely has little effect on the local flow system because it is downgradient of the city's wells. Other nearby pumping centers represent hydrologic boundaries in both aquifer systems used by the city that may affect the size and orientation of the city's wellhead protection areas (WHP As). These pumping centers were identified by reviewing the State Water Use Database (SWUD) maintained by the Department of Natural Resources (DNR) and by locating other municipal pumping centers in southern Anoka County. 3. Daily volume - Table 2 shows the reported and projected water use data for the Centerville city wells over a five-year period. The table indicates which annual use was selected for utilization in the WHP A delineation analysis. 4. Groundwater flow field - Regional-scale groundwater flow analysis for the separate Prairie du Chien - Jordan Aquifer systems are summarized in Seaberg and Hansen (2000), Schoenberg (1990), and Woodward and Delin (1984). The data were incorporated into the model development process by using calibration data sets developed by the Minnesota Pollution Control Agency (MPCA) staff to calibrate the groundwater model flow field. Generally, each of the aquifers show groundwater elevations near the City of Lexington that suggest groundwater flowing from east to west. 5. Aquifer transmissivity - An aquifer test was conducted in Centerville Well No.1. The results of this test indicate the transmissivity of the aquifer is on the order of 15,000 if/day and the storativity is in range of 0.00002 to 0.0015. Results from this aquifer test and regional values were used in the groundwater flow model development. A copy of the aquifer test report is presented in Appendix C. 2 C. Quality and Quantity of Water Supplying the Public Water Supply Well - Water in the Centerville water distribution system is regularly sampled and analyzed for contaminants regulated under the federal Safe Drinking Water Act. No contaminants have been detected recently in the water samples from the Centerville system. The city disinfects the water with chlorine to safeguard water users from disease organisms. D. The Land and Groundwater Uses in the Drinking Water Supply Management Area - Land use is not believed to have any significant impact on the Jordan Aquifer used by city Well No.1 because the aquifer exhibits confined hydraulic conditions and is not vulnerable to contamination from land use. On the other hand, land use in the DWSMA around Well No.2 may affect the Prairie du Chien Aquifer even though the aquifer exhibits confined conditions because water quality data indicate the well and aquifer are vulnerable. These conclusions will be developed in more detail in the vulnerability assessment (Chapter 3). CHAPTER TWO WELLHEAD PROTECTION AREA AND DRINKING WATER SUPPLY MANAGEMENT AREA DELINEATION (4720.5205) Hydrogeologic setting - The City of Centerville is located in southern Anoka County, at the intersection of Anoka County Highways 14 and 54. The city maintains two wells in the same general part of town (Figure 1). Subsurface hydrogeology - Few detailed geologic studies are available that describe subsurface geologic conditions in the area around the City of Centerville. However, the Anoka County area benefits from a number of regional-scale geologic and hydrogeologic studies. Well construction records were used as necessary to supplement the regional information. The area around Centerville is generally characterized by unconsolidated deposits above bedrock. These unconsolidated deposits consist mostly of glacial drift that is less than one hundred feet thick (e.g., 512748). The coarse-grained nature of many of the surficial materials serves to involve surficial processes such as precipitation, snow melt, surface water interactions, and land use in the shallow aquifer dynamics near the City of Centerville. Deeper bedrock aquifers used by the city for a water supply are more protected, as described below. The Anoka County area is on the northern part of the Twin Cities structural basin, which is itself located at the northern end of the Hollandale Embayment. The embayment formed during the Paleozoic Era and is a syncline between the Wisconsin Arch to the east and the Transcontinental Arch to the west (MossIer, 1972). The Twin Cities basin is centered approximately where the Minnesota and Mississippi Rivers meet, and is bounded on the east by the St. Croix River and on the north and west by the sub crop of Precambrian rocks in Wright, Sherburne, and Isanti Counties. Beneath the Hollandale Embayment are a series of Proterozoic rocks, some of which are offset locally by faults. There is no evidence these faults extend into the overlying Paleozoic rocks, but they may cause local structural anomalies. 3 Figure 2 is a bedrock map of southern Anoka County and shows the distribution of bedrock units in the Centerville area. The major bedrock units in Anoka County, relative to groundwater resources, are the Mt. Simon (and Hinckley) Sandstone Aquifer system and the Franconia- Ironton-Galesville Aquifer system. Locally in southeastern Anoka County, the Prairie du Chien- Jordan Aquifer System, the most heavily used in the Twin Cities Metropolitan Area, is important. The geologic aspects of these aquifers and the units separating them were reviewed in the Ramsey-Anoka-Washington County Groundwater Flow Model (EOR and KDB Consulting, 2000) and were taken from MossIer (1972). Underlying Formations - The geologic formations underlying the lowest bedrock aquifer are principally comprised of red beds oflate Keweenawan age. Their thickness is estimated to be as much as 4000 feet. Because of their generally low permeability, they are regarded as the base of the aquifer systems in the Twin Cities basin. Hinckley Sandstone - The Hinckley Sandstone is a quartzose sandstone that directly overlies the Keweenawan red beds. It is lithologically similar to the overlying Mt. Simon Sandstone and appears to be differentiated in this area primarily by being involved in late Keweenawan faulting. The Hinckley is thickest in western Anoka County, where thicknesses on the order of 250 feet or more have been observed. Mt. Simon Sandstone - The Mt. Simon Sandstone directly overlies the Hinckley with no intervening aquitard. It is a mostly medium- to coarsely-grained, friable quartzose sandstone. It is generally about 250 feet thick along the western margin of the Twin Cities basin and thins to the east. Eau Claire Formation - The Mt. Simon conformably grades upward into the Eau Claire Formation, which is composed of glauconitic siltstones, very fine-grained sandstones and a green shale. The formation is approximately 100 to 125 feet thick in the Twin Cities basin. This formation is regarded as the separating aquitard between the underlying Mt. Simon- Hinckley Aquifer and the overlying Franconia-Ironton-Galesville Aquifer. The Eau Claire is largely intact, except in the vicinity of buried bedrock valleys, throughout all but northwestern Anoka County. Ironton and Galesville Sandstones - The Galesville Sandstone unconformably overlies the Eau Claire. Both the Galesville and lronton Sandstones are medium-grained quartzose sandstones. Their aggregate thickness is 35 to 65 feet in the Twin Cities basin. Because of their similar hydraulic properties and lack of separating layer, these sandstones are regarded as a single aquifer. Franconia Formation - The Ironton-Galesville is conformably overlain by the Franconia Formation, which is generally composed of very fine to fine-grained, glauconitic sandstones and siltstones. The upper portion of this formation is comprised of coarser, non-glauconitic sandstones representing near-shore facies, collectively termed the Mazomanie Member. These are interfingered with the glauconitic sandstones in the northern portion of the basin. The thickness of the Mazomanie varies from approximately 40 feet in the southern portion of Anoka County to approximately 125 feet at its northeastern comer; the Franconia as a whole correspondingly increases in thickness from approximately 140 feet to 180 feet (Runkle, 1995). Because the permeable Mazomanie Member comprises a majority of the Franconia and because a clear underlying aquitard 4 within the lower Franconia is lacking, the Franconia is commonly included with the Ironton and Galesville Sandstones as part of a Franconia-Ironton-Galesville Aquifer complex. The St. Lawrence Formation - This formation conformably overlies the Franconia and is typically the uppermost bedrock aquitard in the Anoka County vicinity. It is mainly composed of dolomitic siltstone and very fine sandstone of the Lodi Member of the St. Lawrence. It has a maximum thickness of 65 feet (MossIer, 1972). The St. Lawrence has not been completely mapped by the Minnesota Geological Survey in the Anoka County vicinity (MossIer and Tipping, 2000). Existing mapping shows subcrops along the southern boundary of Anoka County that extend as far north as the cities of Anoka, Coon Rapids, Blaine, and Lino Lakes. Jordan Sandstone - The Jordan Sandstone lies above the St. Lawrence and is present only in the southern (principally the southeastern) part of the county. Several large outliers are present beyond its sub crop limits. Prairie du Chien Dolomite - The Prairie du Chien Dolomite lies above the Jordan. This group of units includes the Oneota Dolomite, the New Richmond Sandstone and the Shakopee Dolomite. The Oneota can be massive and less fractured than the overlying Shakopee and is documented to serve as a confining unit locally (Runkle, 1999). The Prairie du Chien in Anoka County is present only in the southeast although discontinuous outliers are documented as far north and west as Anoka. Unconsolidated deposits - Bedrock is overlain by a sequence of stratified and unstratified drift units. These units can be particularly thick over buried bedrock valleys (such as the Phalen Channel) and may hydraulically connect subcropping aquifers. Delineation of the Wellhead Protection Area The MDH delineated the wellhead protection area for the City of Centerville in response to a request from Anoka County and the Anoka County Municipal Wellhead Planning Group. MDH agreed to provide assistance prior to adopting a policy of providing this service to small-sized public water supply systems (serving 3300 or fewer persons) to address unfunded mandate concerns regarding implementation of the state wellhead protection rule. However, the public water supplier is responsible for adopting the delineated area and developing a wellhead protection plan for it. Delineation method - Delineation of the wellhead protection area was performed using an analytic element model termed MLAEM. A copy of the input files used to delineate the wellhead protection area can be obtained from MDH. These input files are modified slightly from the regional groundwater flow model prepared for the Prairie du Chien - Jordan Aquifer system by a consultant under contract to MDH (EOR and KDB Consulting, 2000). Aquifers represented in the Anoka County deep bedrock aquifer model (EOR and KDB Consulting, 2000) are assumed to be laterally continuous in the Centerville area and to respond to boundary conditions in the far field. Recharge is generally represented as leakage from adjacent units. Discharge from these aquifers is assumed to occur to the major river systems, especially in areas where the unit is in direct contact with the river. The relatively distributed nature of the recharge and the somewhat focused discharge together serve as the primary boundary conditions controlling groundwater flow. Wells in this aquifer system collectively have a large influence on 5 water levels and, hence, groundwater flow. Accordingly, wells from the DNR's SWUD database are included throughout the model domain. Seaberg and Hansen (2000) present a detailed discussion of the conceptual model upon which the Ramsey-Anoka-Washington County bedrock model is based and, in addition, provide a detailed summary of how the model input was assembled. The aquifer parameters used in the groundwater flow model are as follows: Prairie du Chien Group (Laver 3) Base elevation: Hydraulic conductivity: Thickness: Porosity: 165 meters 12 meters/day 40 meters 0.09 Jordan Sandstone Aquifer (Laver 5) Base elevation: 130 meters Hydraulic conductivity: 12 meters/day Thickness: 30 meters Porosity: 0.30 Aquifer boundary conditions (including recharge and discharge features), distribution of hydraulic conductivity changes, and definition of leaky areas around wells are patterned after the MPCA Metro Model (Seaberg and Hansen, 2000) and have been refmed as described in EOR and KDB Consulting (2000). The delineations were done using particle tracking analyses starting near the wells of interest and tracking backward (upgradient). This analysis was conducted using starting elevations near the base of the aquifer and also near the top. The results of these analyses are shown in Figure 1. Uncertainties relating to the accuracy ofthe calculated wellhead protection area boundaries - The main source of uncertainty that had to be managed in making the WHPA delineation analysis had to do with the nature of the hydraulic interaction between the Prairie du Chien and the Jordan. For the purposes of this analysis, it was assumed the two units are hydraulically separate locally in the Centerville area, a conclusion supported by the water chemistry data. Delineation of the DWSMA - The drinking water supply management area is shown on Figure 1. This area includes all of the wellhead protection areas and was delineated using parcel boundaries and transportation corridors. CHAPTER THREE VULNERABILITY ASSESSMENT This chapter documents the vulnerability assessments of the wells and drinking water supply management area for the public water supply system operated by the City of Centerville. This assessment was performed in accordance with rules (Minnesota Rule 4720.5210) for preparing and implementing wellhead protection measures for public water supply wells. 6 The vulnerability ofCenterville Well Nos. 1 and 2 (Unique Well Nos. 511091 and 512748, respectively) was determined by evaluating available information on the 1) geology, 2) well construction, and 3) chemical and isotopic composition of the well water and comparing these results with the criteria in Minnesota Rule 4720.5550. This process was automated using the well vulnerability database at the MDH. The vulnerability of the drinking water supply management area for Centerville was determined by evaluating available information on 1) the lateral continuity of protective geologic materials overlying the aquifer and 2) the chemical and isotopic composition of well water from the aquifer. Well vulnerability assessment - The MDH has developed a database of community and non- community, nontransient public water supply wells in Minnesota which stores information pertinent to well vulnerability and rates the vulnerability of individual wells. A score is calculated for each well based on factors such as well construction, geology at the well site, and chemical data; higher scores correlate to greater perceived vulnerability. A numeric cutoff (of 40 and below) is used to identifY vulnerable from nonvulnerable wells (MDH, 1993). Vulnerable wells are also identified based on the presence of contamination, such as nitrate-nitrogen in excess of 10 mg/l, or young (post-1953) water, as indicated by the presence of 1 tritium unit or greater in the well water. The results of this assessment for the Centerville wells are described below. Printouts from the MDH vulnerability database are shown in Appendix D. On the strength of the review criteria mentioned above, Centerville Well No.1 is considered not vulnerable to contamination from activities at the land surface. At this well, this determination is based on a sequence oflow-permeability protective materials above the aquifer in which the well is completed, no chemical data indicating influence by land surface activities, and documentation of sound construction. In addition, water samples from Well No.1 were subjected to a tritium age-dating analysis. The tritium test results indicate the water from the well, and presumably water in the aquifer in the vicinity of the wells, entered the ground prior to about 1953. Wells that produce water with non-detectable levels of tritium are generally not considered susceptible to anthropogenic contamination. Well No.2, on the other hand, is considered vulnerable to contamination from activities at the land surface. Water samples from Well No.2 contained tritium (when collected in 1997), which is an indication that water pumped from the well entered the ground after about 1953. Well No.2 is completed in the Prairie du Chien Aquifer system, which is covered by about the same amount of protective geologic material as Well No.1. The fracture flow dominated flow system in the Prairie du Chien differs from the Jordan by having a lower porosity and having a closer hydraulic connection with overlying materials. The combination of these two factors may provide for a mechanism by which the well captures water with tritium. Drinking Water Supply Management Area Vulnerability Assessment - The vulnerability of land parcels located within the DWSMA for the Centerville wells was evaluated primarily on the basis of 1) geologic logs from wells located in the vicinity of the well fields and 2) regional studies. The Centerville city wells draw from two different geologic units. While each of the units are covered by low permeability deposits that are considered confining units, the Prairie du Chien produces water with tritium and the Jordan does not. The confining units are present throughout the area of the DWSMA for Well Nos. 1 and 2. Accordingly, the DWSMA for Well No.1 is considered nonvulnerable and the DWSMA for Well No.2 is considered vulnerable. The two DWSMAs are shown on Figure 1, and the smaller one, near Well No.2, is nonvulnerable. 7 References: Alexander, E.C. and S.c. Alexander, 1989, "Residence Times of Minnesota Groundwaters," Journal of the Minnesota Academy of Science, Volume 55, Number l. EOR and KDB Consulting, 2000, Ramsey-Anoka-Washington County Groundwater Flow Model. Report to MDH, October, 2000. Seaberg, John K. and Hansen, Douglas D, 2000, Metropolitan Area Groundwater Model Proiect Summary: Northeast Province. Layers L 2. and 3, MPCA report, 61 pages. Minnesota Department of Health, 1993, Methodology for Phasing Wells into Minnesota's Wellhead Protection Program. MossIer, John H., 1972, "Paleozoic Structure and Stratigraphy of the Twin City Region," in P.K. Sims and G.B. Morey, eds, Geology of Minnesota: A Centennial Volume, Minnesota Geological Survey, P. 485-497. MossIer, John H. and Robert G. Tipping, 2000, Bedrock Geology and Structure of the Seven- County Twin Cities Metropolitan Area. Minnesota, Minnesota Geological Survey Miscellaneous Map Series, Map 104, 1 pI. Runkle, Anthony, November 15, 1995, written communication to John Seaberg, Minnesota Pollution Control Agency. Schoenberg, M.E., 1990, Effects of Present and Proiected Ground-Water Withdrawals on the Twin Cities Aquifer. Minnesota, U.S. Geological Survey Water Resource Inyestigation WRI 90-4001, 165 p. Woodward, D.G. and G. Delin, 1984, Hydrogeologic Setting and the Potentiometric Surfaces of Regional Aquifers in the Hollandale Embayment. Southeastern Minnesota, 1970-80, U.S. Geological Survey Water-Supply Paper 2219. 8 TABLE 1 Municipal Water Supply Well Information Centerville, Minnesota Local Well Unique Casing Well Depth Date Vulnerability Name Number Aquifer Depth (ft) (It) Constructed Status 1 1 511091 Jordan 200 267 1988 Not Vulnerable 2 512748 Prairie du Chien 83 187 1993 Vulnerable Note: Vulnerability status based on MDH staff review of well construction, geologic materials encountered during drilling, well use and water quality. I() o o M 0 0 0 0 ,.-... M 0 0 CI:l 0" 0" 1=1 0 .8 0 0 0 M 0, 0 c; <'") -.,r' V N 0 '-' ~ C/l 0 0 ~ M 0 0 0 0 0 Q 0 0' 0' M 0 0 I:.I.l 0, 0 f-; 00 U 0\ Q) ~ eJ) >-, 0 0 0 ~ ~ 0 0 =- ~ <:> 0 0 S ~ <:> 0' o' N 0 0 0, 0, = <'") N ~ 0\ ..... ..... 0 0 Q) 0 0 :s 0 0 c;, N 0 r-.:- ~ <:> <'") - ~ ..... M t'-- 0\ .~ ~ <'") -.,r' ~ =- t'-- '" >. ~ ..... (;$ U < ..... 1=1 = 0 o::l E-I = 0'1 0 0 i:: 0"1 0 0 .8 ~ 0 0'1 0" 1"-' ...... ~ 0\ o::l Q) <'") (1) ..... -.,r^ .S ..... ~ v ..... ;.- '\j l-< 0 ~ Q) 0 0 A-. .... 00 0 0 = 0'1 0 '0' ~ Q) 0"1 <'") -.,r U ..... '0 <'!. <'") (1) ~ ,..q ...... 0 0 .S 0 0 '\j 0 0 (1) f- 0" \f5 '" 0"1 N -.,r ;::J 0'1 0, -.,r, '" ..... (1) <'") ;::J (;$ > 0 0 (1) ...... 0 0 o::l 0 0, i:: \C 0' ~ 00 0'1 0 l"- ...... N, 00 en 0"1 (1) ..... 0" '\j M en o::l (1) ~ Q.l '\j (1) =' 00 '\j 0"'. 0\ -.,r o::l ... 0 ,..q =Z 0 I"- - N Cfl ~ ~ ~ 0 0) 0) Q.i Z ...... ~- ;>N 0 - ..... Z - 0) 0) Q.l C C ~ 0) 0) u u Figure 1. Wellhead Protection Areas Prairie du Chien - Jordan Aquifer City of Centerville Note: Wellhead Protection Area delineated using MDH regional groundwater flow model for southern Anoka County. Map prepared by MDH staff, April, 2001. 300 o 300 Meters , Figure 2. Bedrock Geology Southern Anoka County 2000 L---. 2000 4000 Meters o '--~----, . CenlefViJle Municipal Wells C Centerville_municipaUimlts.shp C County Bedrock.shp IE] QPGW IE] QSTP I!l!iil QPDC IE] CJDN IllEl CSTL IllEl CSLF IllEl CFRN IllEl CIGL APPENDIX A WHP A PROGRAM MATERIALS PUBLIC WATER SUPPLY PROFILE PUBLIC WATER SUPPLY NAME City of Centerville ADDRESS 1880 Main Street Centerville. MN 55038-9794 TELEPHONE NUMBER 651-429-3232 E-MAIL WELLHEAD PROTECTION MANAGER NAME Mr. Paul Pa1zer ADDRESS 1880 Main Street Centerville. MN 55038 TELEPHONE NUMBER 651-429-3232 CONSULTANT The groundwater flow model used to delineate the wellhead protection area was done under contract to the Minnesota Department of Health. MDH staff used the model to delineate the WHPAs for the city's wells. The well and aquifer vulnerability assessments were performed by MDH staff. MDH Staff Hydrologist: Steve Robertson ADDRESS: 121 East Seventh Place, P.O. Box 64975, St. Paul, MN 55164-0975 TELEPHONE NUMBER: 651-215-1322 E- MAIL: steve .robertson@health.state.mn.us FAX NUMBER: 651-215-0775 GENERAL INFORMATION UNIQUE WELL NUMBER(S): Well 1 (511091) and Well 2 (512748) are the primary water supply wells. SIZE OF POPULATION SERVED Approximately 2300 COUNTY Anoka DOCUMENT A TION LIST STEP DATE PERFORMED Date MDH Notice Given (4720.5130, subp. 3) Mandatory Completion Date (4720.5130, subp. 3, & 4) Plan Manager Designated (4720.5300, subp. 2) Plan Notice Sent to Local Units of Government (LUG) and MDH (4720.5300, subp. 3) Scoping 1 Meeting Held (4720.5310, subp. 1) Scoping Decision Notice Sent by MDH (4720.5310, subp. 2) Aquifer Test Plan (ATP) Submitted (4720.5320, subp. 1) ATP Approval Review Notice Received from MDH (4720.5320, subp.2) Delineation and Vulnerability Assessment (DV A) Submitted to MDH (4720.5330, subp.1) DV A Approved Review Notice Received from MDH (4720.5330, subp. 2) WHP A and DWSMA Area Delineation and Vulnerability Assessment Submitted to LUGs (4720.5330, subp. 6) Meeting with LUGs Held (4720.5300, subp. 5) Public Information Meeting Held (4720.5330, subp. 7) 02-12-1999 02-12-2002 04-14-2000 08-11-2000 03-29-1999 04-14-2000 APPENDIX B CITY OF CENTERVILLE MUNICIPAL WELL LOGS Unique No. 00511091 MINNESOTA DEPARTMENT OF HEALTH Update Date 1996104102 WELL AND BORING RECORD County Name Anoka MInnesota Statutes Chapter 1031 Entry Date 1991104115 Township Name TownshIp Range plr Section SubsectIon Well Depth Depth Completed Date Well Completed 31 22 W 14 DCDDDD 303 ft. 267 It. 1988/04121 Well Name CENTERVILLE 1 Drilling Method Non-speclffed Rotary Drilling Fluid I Well Hydrofractured? 0 Ves DNo Bentonite From ft. to It. Use Community SUpply (munlclpOl) , CllIslng Drive Shoe? OV,es ON Hol. Diameter o in. to 95 ft. GEOLOGICAL MATERIAL COLOR HARDNESS FROM TO Casing Diameter Welght(lbsltt) o in. to 267 ft. TOPSOIL BLACK 0 2 18 In. to 95 ft. FINE DIRTY ,SAND WITH CL BROW 2 12 12 in; to 200 ft. SANDV CLAY BLUE 12 62 SAND & GRAVEL COLOR 62 71 SAND REDDI 71 93 Screen N I Open Hole From 200ft. to 267ft. ROCK BROW 93 150 Make Type VOID 150 152 ROCK BROW 152 180 ROCK 180 200 Static Water Level 14 ft. from Land surface Date 1988/04/21 ROCK 200 204 PUMPING LEVEL (below land surface) ROCK 204 208 81.4 ft. after hrs. pumping 605 g.p.m. SANDSTONE " 208 253 Well Head Completion SANDSTONE WILENSES OF Pltless adapter mfr Model 253 265 Casing Protection o 12 In. above grade SHALE 265 267 o At-grade(Environmental Wells and Borings ONLY) LENSES OF SANDSTONE & 267 281 Grouting Information Well grouted? ~Y9S 0 No SANDY SHALE GREEN 281 293 Material From To (ft) Amount(ydslbags) SHALE GREEN 293 303 G 0 95 3.5 Y --c G 0 200 10 Y Nearest Known Source of Contamination ft. dl rectlon type Well disinfected upon completion? DYes o No Pump fia Not Installed Date Installed N Mfr name Model HP 0 Volts REMARKS, ELEVATION, SOURCE OF DATA, etc. Drop Pipe Length It. Capacity g.p.m GAMMA LOGGED 3-23-1988. M.G.S. NO. 2807. Type Any not In use and not sealed well(s) on property? DYes DNo Was a variance granted from the MDH for this Well? 0 Yes ONo USGS Quad: Centerville Elevation: 912 AqUifer: OPCJ Altld: Well CONTRACTOR CERTIFICATION Lie. Or Reg. No. ~ License Business Name Ltc Enterorlses Report CODV Name of Driller HE-Q1205-06 (Rev. 9196) -~,'~~I.h~",:- ,",,'--: ".- -. "",,. . Unique No. 00512748 MINNESOTA DEPARTMENT OF HEALTH Update Date 1999/02101 WELL AND BORING RECORD County Name Anoka Minnesota Statutes Chapter 1031 Entry Date 1993/05/06 Township Name Town.hlp Range Dlr Section Subsection Well Depth Depth Completed Date Well Completed 31 22 W 23 ABC 187 ft. 187 ft. 1993/01/22 Well Name CENTERVILLE 2 Drilling Method . Cable Tool Contact's Name Drilling Fluid I Well Hydrofractured? 0 Yes o No 1694 SORel ST Water From ft.. to ft. CENTERVILLE MN 55038 Use Community Supply (municipal) CasIng DrIve Shoe? ~Ves ON Hole DIameter o in. to 152 ft. GEOLOGICAL MATERIAL COLOR HARDNESS FROM TO Casing Diameter Welght(lbslft) o in. to 167 ft. TOP SOIL BLACK SOFT 0 6 20 In. to 67 ft. SANDY CLA V GREV SOFT 8 18 14 In. to 101 ft. S-CLA V /STONES GREV SOFT 18 60 GRAVEL MIX MEDIUM 60 62 SAND/GRAVEL MIX SOFT 62 75 Screen N I Open Hole From 83 ft. to 187 ft. SAND BROW SOFT 75 63 Make Type SHAKOPEE DOLOMITE PINKIT HARD 83 185 JORDON SANDSTONE BROW SOFT 165 167 Static Water Level 8 ft. from land surface Date 1992/09/25 PUMPING LEVEL (below land sur'ace) 27 ft. after hrs. pumping 1230 g.p.m. Well Head Completion Pitless adapter mfr BAKER Model 8PS141 Casing Protection o 12 in. above grade o At-grade(Envlronmental Wells and Borings ONL V) Grouting In'ormatlon Well grouted? OVes 0 No Material From To (ft.) Amount(ydslbags) 0 101 20 S Nearest Known Source 0' ContamInation ft. direction type Well disinfected upon completion? o Yes o No Pump o Not Installed Date Installed y Mfr name GOULD Model 10RJMC HP 50 Volts 460 REMARKS, ELEVATION, SOURCE OF DATA, etc. Drop Pipe Length 63 ft. Capacity E+03 g.p.m SE CORNER SHAD & MAIN Type S Any not In use and not sealed well(s) on property? o Yes ONo Was a variance granted from the MDH for this Well? 0 Vas ONo USGS Quad: Centerville Elevation: AqUifer: Altld: Well CONTRACTOR CERTIFICATION Lie. Or Reg. No. ~ License Business Name Renner E h. Well Report COpy Name of Driller HE-0120S-OO (Rev. 9196) APPENDIX C CITY OF CENTERVILLE AQUIFER TEST RESULTS Analysis of the Centerville #2 (512748) March 9, 1998 and #1 (511091) March 11, 1998 Pumping Tests Prairie du Chien - Jordan Aquifer Introduction The MDH was requested to assist in the delineation of wellhead protection areas by the City of Centerville, Minnesota, around the public water supply wells serving the community. An important part of the delineation process is to determine aquifer properties at the well site as accurately as possible. This is normally accomplished by performing a pumping test. Because of the need to test most public water supply wells, the MDH agreed to help with the pumping test as a part oftechnical assistance for communities, and program and staff development. The pumping test conducted by the MDH at the Centerville Well #2 was conducted as described below. There were problems in conducting the test in that wells cycled on during the test and disrupted the start of pumping and the end of recovery. The data were analyzed using standard nonequilibrium and semisteady-state methods, cited in references. Data plots are included in Appendix 1, field data sheets in Appendix 2, and test results are summarized on Table 1. The analysis shows that the aquifer responds as generally expected from the geologic setting. Description of the Test A pressure transducer was not placed in the pumping well because of a lack of access. A transducer was placed in Well # 1 (511091) on March 6, 1998 15: 1 0 to obtain background readings and to verify that draw down from Well #2 could be observed. Well #2 (512748) was turned off at about 14:00 on March 8, 1997 providing an eighteen hour resting period before the start of the test. There were no other nearby pumping wells to cause interference during the test. The observation well started pumping at 8:45 for five minutes. The start of the test was distorted by the recovery of this short pumping period. The test started at 09:10:05 on March 9,1997. Well #2 (512748) was pumped at an average rate of 55 1 gallons per minute as shown by the flowmeter on the well. The high pumping rate of 620 gallons per minute declined to 500 gallons per minute through the test as the water tower filled. This caused distortions in the later time pumping data. The pump was turned off at 08:30:05 on March 11, 1997 to start the recovery period. The recovery went to the full 24 hours and full recovery was achieved at the monitoring well. The pumped well cycled twice during the recovery distorting the later time recovery data. Because of the problems encountered during the test of Well #2 (512748) a short test of Well #1 was performed to confirm test results and to investigate the leakage that could not be observed in the first test. Well #1 was pumped for one hour at a rate of617 gallons per minute starting at 8:45:00 on 3/11/98 until 9:45:00. The recovery period extended until 12:25 on 3/12/98. No observation wells were used. Summary of Results The test of Well #2 (512748) produced an average transmissivity value of 15,000 ft2/day as being representative of aquifer properties in the area of the well field for the capture zone analysis. The aquifer showed a slightly leaky response in the short term test which could not be seen in the twenty- four hour test because of the distance of the observation well from the pumping well, change in pumping rate during the pumping phase, or cycling of the pumping well during the recovery phase. Analysis of the short term test shows a transmissivity of690 ft2/day and a leakage factor of 0.25. This apparent increase in transmissivity with time or distance is consistent with a leaky response and corresponds with the conceptual model of a confined aquifer in contact with leaky confming layer(s). The resistance ofthe overlying confming material in the Centerville area is calculated as 2,950 days. Problems with the Analysis Problems in the test were presented by the variable pumping rate, interference of wells cycling on and lack of access to the pumped well. Analysis of the data did not present significant problems. References: Fetter, C. W. (1988) Applied Hydrogeology, 2nd. 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APPENDIX D VULNERABILITY ASSESSMENT WORKSHEETS .... t I ~, PWSID SYSTEM NAME: WELL NAME 1020036 Centerville Well #1 TIER WHP RANK UNIQUE WELL #: Page 1 03/13/2001 2 o 00511091 COUNTY: Anoka TOWNSHIP NUMBER: CRITERIA DESCRIPTION 31 RANGE: 22 SECTION: 14 QUARTERS: DCDD POINTS Aquifer Name DNR Geologic Sensitivity Rating: Geologic Data From PRAIRIE DU CHIEN-JORDAN VL L Score: 5 Well Record Year Constructed Construction Method Casing Depth Well Depth Casing grouted into borehole? Cement grout between casings? All casings extend to land surface? Gravel-packed casings? Wood or masonry casing? Holes or cracks in casing? solation distance violations? .mping Rate: 1988 Rotary/Drilled 200 267 Yes Yes Yes No No Unknown Unknown 400 Non-THMS VOCs detected? pesticides detected? Maximum nitrate detected Maximum tritium detected Carbon-14 age No Unknown <0.4 <0.8 04/22/1997 Unknown 15 o 10 o o o o o o o 5 o o not vulnerable not vulnerable o Wellhead Protection Score Wellhead Protection Vulnerability Rating: COMMENTS 30 NOT VULNERABLE .... l~ . liIJIII Page 1 03/13/2001 PWSID SYSTEM NAME: WELL NAME 1020036 Centerville Well #2 TIER WHP RANK UNIQUE WELL #: 2 o 00512748 COUNTY: Anoka TOWNSHIP NUMBER: 31 RANGE: 22 SECTION: 23 QUARTERS: ABC CRITERIA DESCRIPTION POINTS Aquifer Name DNR Geologic Sensitivity Rating: Geologic Data From PRAIRIE DU CHIEN-JORDAN VL L Score: 5 Well Record 15 Year Constructed Construction Method Casing Depth Well Depth Casing grouted into borehole? Cement grout between casings? All casings extend to land surface? Gravel-packed casings? Wood or masonry casing? Holes or cracks in casing? solation distance violations? Imping Rate: 1993 Cable Tool/Bored 83 187 Yes Yes Yes No No Unknown Unknown 500 o 10 o o o o o o o 5 Non-THMS VOCs detected? Pesticides detected? Maximum nitrate detected Maximum tritium detected Carbon-14 age Unknown Unknown 0.5 04/08/1996 4.0 04/22/1997 Unknown o o o vulnerable o Wellhead Protection Score Wellhead Protection Vulnerability Rating: 30 VULNERABLE COMMENTS Pumping rate changed from 1000 to 500 gpm based on information provided by Paul Palzer at the city of Centerville. enitervi{{e utaElislieri 1857 RESOLUTION #01-013 1880 :Main Street . Centervi{{e/:M'J{ 55038 (651) 429-3232 . 'fa{. (651) 429-8629 RESOLUTION OF THE CITY OF CENTERVILLE, MINNESOTA AUTHORIZING COMPLIANCE WITH THE DEPARTMENT OF NATURAL RESOURCES OUTDOOR RECREATION PROJECT AGREEMENT FOR ACORN CREEK PARK WHEREAS, the City has requested grant funding from the Minnesota Department of Natural Resources ("DNR") for the improvement of Acorn Creek Park (PIN # 14-31-22-42- 0037); and WHEREAS, the DNR has approved the City's request subject to certain conditions as to the use and maintenance of Acorn Creek Park; and WHEREAS, the City acknowledges that receipt of said funding is subject to those conditions. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Centerville that: 1. In order to comply with the Department of Natural Resources Outdoor Recreation Project Agreement, the City of Centerville does hereby impose the following restrictions on the Acorn Creek Park property (PIN # 14-31-22-42-0037): a. The property shall be managed and maintained for outdoor recreation purposes consistent with the approved grant application. b. The property may not be used for any other purposes without the express prior written approval of the Commissioner of the Minnesota Department of Natural Resources. 2. The City Council authorizes the Mayor and City Administrator to enter into an Agreement( s) for the same and to handle all the requirements and conditions necessary to complete the transaction. Pass this day of , 2001. Motion by: Seconded by: Roll Call: Tim Swedberg, Mayor Teresa Bender, City Clerk ,^ I .~. Bonestroo II Rosene 1iI Anderlik & 1 ~ 1 Associates Engineers & Architects Owner: City of Centerville, 1880 Main St., Centerville, MN 55038 Date: Julv 19, 2001 For Period: 6/15/2001 to 7/19/2001 Request No: 1 Contractor: Vinco Inc., 18995 N. Forest Blvd., Forest Lake, MN 55025 CONTRACTOR'S REQUEST FOR PAYMENT LAMOTTE PARK ELECTRICAL SERVICE BRA FILE NO. 616-01-118 SUMMARY 1 Original Contract Amount $ 130,890.09 2 Change Order - Addition $ 0.00 3 Change Order - Deduction $ 0.00 4 Revised Contract Amount $ 130,890.09 5 Value Completed to Date $ 113,317.30 6 Material on Hand $ 0.00 7 Amount Earned $ 113,317.30 8 Less Retainage 5% $ 5,665.87 9 Subtotal $ 107,651.44 10 Less Amount Paid Previously $ 0.00 11 Liquidated damages - $ 0.00 12 AMOUNT DUE THIS REQUEST FOR PAYMENT NO. $ 107,651.44 Recommended for Approval by: BONESTROO, ROSENE, ANDERLlK & ASSOCIATES, INC. Approved by Contractor: VINCO INC Approved by Owner: CITY OF CENTERVILLE Specified Contract Completion Date: July 31, 2001 Date: Pay Request #1 ,xis Total Part 1 - Electrical Total Part 2 - Skate Park Total Work Completed To Date $43,880.85 $69,436.46 $113,317.30 Pay Request #1.xls .' PROJECT PAYMENT STATUS OWNER CITY OF CENTERVILLE BRA FILE NO. 616-01-118 CONTRACTOR VINCO INC CHANGE ORDERS No. Date Description Amount Total Change Orders PAYMENT SUMMARY No. From 06/15/2001 To 07/19/01 Payment 107,651.44 Retainage 5,665.87 Completed 113,317.30 Material on Hand Total Pavment to Date $107,651.44 Original Contract $130,890.09 Retainaqe Pay No. 1 5,665.87 Chanqe Orders Total Amount Earned $113,317.30 Revised Contract $130,890.09 Pay Request #1.xls 07/19/2001 B:37...LU 33Se754 MCNULTY BL~LER SQUARE III 002 Stan Hasiak 6994 Centerlille Road Centerville, :MN' 55038 July 19, 2001 Ms, Theresa Bender Office of City Clerk Centerville City Han 1880 Main Street Centerville, MN 55038 Dear Ms. Bender: This is a request fur more time to dismantle the structure in back of the pun barn. The reason why it was not completed yet, other things do ~ome up that need my immediate attention. Thanks. Sincerely, ~ \-\aoot Stan Hasi~ SHltd - ,'~, ~, iJ fJ) TO: Honorable Mayor and Council Members FROM: Teresa Bender, Clerk/Treasurer SUBJECT: Ms. Kris Sweeney's Successful Performance Review DATE: July 20, 200 I On Tuesday, July 17,2001 Mr. March reported to me that Ms. Sweeney had a successful performance review and signed same. Mr. March recommended a step increase. Ms. Sweeney will be moving from a Grade 3, Step 1 to Grade 3, Step 2. . .'. \\".'~ ~~.), .............i....... ~ Ib G ~~~..'............................~ JlS.........;.... eJ~u}J lYJ "-b~ BALANCE IN CHECKING ACCOUNTS AS OF mL Y 12,2001 $1,770,954.00 RECEIPTS $60,247.19 $ 60,247.19 DISBURSEMENTS ($238,214.70) ($ 238,214.70) ($10,428.15) PAYROLL PERIOD ENDING 7-19-01 BALANCE IN CHECKING ACCOUNT AS OF mL Y 25, 2001 $1,582,558.34 uta6{i..J1ied 1857 CITY OF CENTERVILLE Cash Receipts 07/23/01 8:30 AM Page 1 Tran Batch Amount Date Refer Comments Name FUND 101 Act Type G $7.70 7/13/01 o UB UR Receipt Group 01 RE 7-16-01a $3.62 7/13/01 o UB UR Receipt Group 02 CO 7-16-01d Act Type G $11.32 Act Type R $125.00 7/12/01 o JULY/RENT - HELEN TURC 7-12-01 $2,655.40 7/12/01 06888 BEAVER POND WAY 0 7-12-01 $101.00 7/12/01 06887 BEAVER POND WAY P 7-12-01 $105.20 7/12/01 o 7283 OLD MILL RD DECK 01 7-12-01 $96.00 7/12/01 o 1668 HUNTERS TRAIL P01-0 7-12-01 $114.30 7/12/01 o 1818 PRAIRIE DRIVE - RE- 7-12-01 $225.00 7/12/01 06888 BEAVER POND WAY 0 7-12-01 $2,486.83 7/12/01 o JUNE'S FINES - COUNTY 0 7-12-01 $25.00 7/12/01 o 1653 LAKELAND CIRCLE - 0 7-12-01 $225.00 7/12/01 01653 LAKELAND CIRCLE - 0 7-12-01 $2,353.00 7/12/01 01653 LAKELAND CIRCLE - 0 7-12-01 $209.00 7/12/01 07231 MILL RD - 01-118 - RES 7-12-01 $110.50 7/12/01 01922 EAGLE TRAIL - C01-07 7 -12-01 $80.50 7/12/01 06971 BRIAN DR - M01-039 7-12-01 $110.50 7/12/01 o 1955 EAGE TRAIL - C01-073 7-12-01 $25.50 7/12/01 o 6995 MEADOW CT C01-070 7-12-01 $100.50 7/12/01 o 1953 EAGLE TRAIL - M01-04 7-12-01 $80.50 7/12/01 01922 EAGLE TRAIL - M01-04 7-12-01 $40.00 7/12/01 o 7200 MAIN STREET - OPCOO 7-12-01 $587.30 7/12/01 o UPTOWN CENTER - SPRIN 7-12-01 $92.00 7/12/01 o 1968 72ND ST RE-ROOF - 0 7-12-01 $39.80 7/12/01 o 6922 DUPRE RD 01-012 - RE 7-12-01 $25.00 7/12/01 06888 BEAVER POND WAY 0 7-12-01 $110.50 7/12/01 06887 BEAVER POND WAY C 7-12-01 $120.50 7/12/01 01668 HUNTER'S TRAIL M01- 7-12-01 $1,329.20 7/12101 07087 GOIFFON ROAD 01-10 7-12-01 $3.50 7/12/01 o DOG LICENSE # 000154 MIK 7-12-01 $110.20 7/12/01 o 1529 PEL TIER LAKE DR 01- 7-12-01 $674.66 7/12/01 02050 MAIN ST - M01-038 7-12-01 $44.50 7/12/01 01662 HUNTERS TRAIL - C01 7-12-01 $3.25 7/12/01 o DOG LICENSE # 155 7184 S 7-12-01 $186.60 7/12/01 07317 BRIAN DRIVE - 01-114 7-12-01 $15.16 7/13/01 o UB Receipt Surc 1 SALES TA 7-16-01 a $16.13 7/13/01 o UB Receipt Serv 102 CERTIF 7-16-01 a $17.58 7/13/01 o UB Receipt Surc 1 SALES TA 7-16-01b $1.11 7/13/01 o UB Receipt Surc 1 SALES TA 7-16-01d CITY OF CENTERVILLE Cash Receipts 07/23/01 8:30 AM Page 2 Tran Batch Amount Date Refer Comments Name $25.00 7/13/01 o UB Receipt Serv 102 CERTIF 7-16-01b $1.06 7/19/01 o UB Receipt Surc 1 SALES TA 071701 $110.50 7/19/01 01953 EAGLE TRAIL C01-076 7-19-01 $50.25 7/19/01 07189 SHAD AVE C01-075 7-19-01 $22.50 7/19/01 o 1847 PRAIRIE DR - C01-079 7-19-01 $175.00 7/19/01 o VARIANCE APPLlCATION- 7-19-01 $111.00 7/19/01 06891 BEAVER POND WAY- 7-19-01 $140.50 7/19/01 o 1854 PIONEER LANE - M01- 7-19-01 $100.50 7/19/01 06887 BEAVER POND WAY- 7-19-01 $22.50 7/19/01 01850 HOULE CIRCLE - C01- 7-19-01 $22.50 7/19/01 01950 -72ND ST - C01-0n 7-19-01 Act Type R $13,427.03 FUND 101 $13,438.35 FUND 415 Act Type R $200.00 7/12/01 06888 BEAVER POND WAY 0 7-12-01 $200.00 7/12/01 o 1653 LAKELAND CIRCLE - 0 7-12-01 $387.41 7/13/01 o UB Receipt Serv 10 DRAIN F 7-16-01a $207.03 7/13/01 o UB Receipt Serv 10 DRAIN F 7 -16-01 b $2.00 7/13/01 o UB Receipt Serv 10 DRAIN F 7-16-01c $176.52 7/13/01 o UB Receipt Serv 10 DRAIN F 7-16-01d $98.62 7/19/01 o UB Receipt Serv 10 DRAIN F 071701 $8.99 7/19/01 o UB Receipt Serv Pen 10 ORA 071701 Act Type R $1,280.57 FUND 415 $1,280.57 FUND 601 Act Type R $276.00 7/12/01 06888 BEAVER POND WAY 0 7 -12-01 $1,300.00 7/12/01 06888 BEAVER POND WAY 0 7-12-01 $276.00 7/12/01 o 1653 LAKELAND CIRCLE - 0 7-12-01 $1,300.00 7/12/01 o 1653 LAKELAND CIRCLE - 0 7-12-01 $21.62 7/13/01 o US Receipt Serv 1 WATER 7-16-01c $84.20 7/13/01 o UB Receipt Serv 15 WATER 7-16-01d $3,233.87 7/13/01 o UB Receipt Serv 1 WATER 7-16-01d $54.29 7/13/01 o UB Receipt Serv Pen 1 WAT 7-16-01d $319.90 7/13/01 o UB Receipt Serv 15 WATER 7-16-01b $2,483.79 7/13/01 o UB Receipt Serv 1 WATER 7-16-01b $48.22 7/13/01 o UB Receipt Serv Pen 1 WAT 7-16-01b $14.28 7/13/01 o UB Receipt Serv Pen 15 WAT 7-16-01b $9.76 7/13/01 o US Receipt Serv 30 WATER 7-16-01a $85.68 7/13/01 o UB Receipt Serv Pen 1 WAT 7 -16-01 a $232.77 7/13/01 o UB Receipt Serv 15 WATER 7-16-01a CITY OF CENTERVILLE Cash Receipts 07/23/01 8:30 AM Page 3 Tran Batch Amount Date Refer Comments Name $10.42 7/13/01 DUB Receipt Serv 30 WATER 7-16-o1b $5,899.74 7/13/01 DUB Receipt Serv 1 WATER 7-16-o1a $157.98 7/19/01 DUB Receipt Serv Pen 1 WAT 071701 $1.63 7/19/01 DUB Receipt Serv Pen 15 WAT 071701 $87.47 7/19/01 DUB Receipt Serv 15 WATER 071701 $1.09 7/19/01 DUB Receipt Serv 30 WATER 071701 $1,562.06 7/19/01 o UB Receipt Serv 1 WATER 071701 Act Type R $17,460.77 FUND 601 $17,460.77 FUND 602 Act Type R $1,150.00 7/12/01 o 1653 LAKELAND CIRCLE - 0 7-12-01 $1,150.00 7/12/01 06888 BEAVER POND WAY 0 7-12-01 $1,750.00 7/12/01 06888 BEAVER POND WAY 0 7-12-01 $1,750.00 7/12/01 o 1653 LAKELAND CIRCLE - 0 7-12-01 $12.72 7/13/01 o UB Receipt Serv Pen 6 SEW 7-16-o1d $45.00 7/13/01 o UB Receipt Serv 6 SEWER 7-16-01c $8,071.44 7/13/01 o UB Receipt Serv 6 SEWER 7-16-01a $267.08 7/13/01 DUB Receipt Serv 18 SEWER 7-16-01a $87.00 7/13/01 DUB Receipt Serv 18 SEWER 7-16-o1d $264.00 7/13/01 o UB Receipt Serv 18 SEWER 7-16-o1b $42.70 7/13/01 o UB Receipt Serv Pen 6 SEW 7-16-01a $36.64 7/13/01 o UB Receipt Serv Pen 6 SEW 7-16-01b $3,869.86 7/13/01 o UB Receipt Serv 6 SEWER 7-16-01d $4,320.24 7/13/01 o UB Receipt Serv 6 SEWER 7-16-01b $2,180.13 7/19/01 o UB Receipt Serv 6 SEWER 071701 $8.63 7/19/01 DUB Receipt Serv Pen 18 SEW 071701 $203.74 7/19/01 o UB Receipt Serv Pen 6 SEW 071701 $86.32 7/19/01 o UB Receipt Serv 18 SEWER 071701 Act Type R $25,295.50 FUND 602 $25,295.50 FUND 618 Act Type R $25.00 7/12/01 o SAZI DISIGNS - CRAFT SHO 7-12-01 $1,000.00 7/12/01 o BARNA, GUZY & STEFFEN, 7-12-01 $10.00 7/12/01 o 2 FETE DES LACS BUTTON 7-12-01 $5.00 7/12/01 o 1 FETE DES LACS BUTTON 7-12-01 $25.00 7/12/01 o GRANT /DONNA PETERS - 7-12-01 $500.00 7/12/01 o GOETZ LANDSCAPING FET 7-12-01 $750.00 7/19/01 o J.M. BRUGGEMAN COMPAN 7-19-01 $100.00 7/19/01 o JOHN & SANNA BUCKBEE - 7-19-01 $50.00 7/19/01 o VANDEVEER VOLUNTEER 7-19-01 CITY OF CENTERVILLE Cash Receipts 07/23/01 8:30 AM Page 4 ...~~. . '. - 'H ''?",,,,,,,, 4:tak." Tran Batch Amount Date Refer Comments Name $25.00 7/19/01 o MARY LOU & TOM WILHAR 7-19-01 $100.00 7/19/01 o WILKE ELECTRIC, L TO - FE 7 -19-01 $5.00 7/19/01 o FETE DES LACS BUTTON - 7-19-01 $5.00 7/19/01 o FETE DES LACS BUTTON 7-19-01 $100.00 7/19/01 o CURVES FOR WOMEN - FE 7-19-01 $35.00 7/19/01 o CURVES FOR WOMEN CRA 7-19-01 Act Type R $2,735.00 FUND 618 $2,735.00 FUND 620 Act Type R $37.00 7/12/01 o 1 T-SHIRT 3 MUGS, 1 HAT 7-12-01 Act Type R $37.00 FUND 620 $37.00 Report Total $60,247.19 CITY OF CENTERVILLE Check Summary Register Name 10100 THE COUNTY BANK UnPaid UnPaid UnPaid UnPaid UnPaid UnPaid UnPaid UnPaid UnPaid UnPaid UnPaid UnPaid UnPaid UnPaid UnPaid UnPaid UnPaid UnPaid UnPaid UnPaid UnPaid UnPaid UnPaid UnPaid UnPaid UnPaid UnPaid UnPaid UnPaid UnPaid UnPaid UnPaid ASSET RECORVERY CORP BARNA, GUZY & STEFFEN L TO BONESTROO, ROSENE, ANDERLlK BUSINESS FORMS & ACCOUNTING CONTINENTAL RESEARCH CORP. CULLIGAN FIRSTAR BANK USA, NA GOLDENGATE INTERNET SERVICES GOPHER STATE ONE CALL INC GOVERNMENT TRAINING SERVICE HAWKINS WATER TREATMENT INSTRUMENTAL RESEARCH INC INTERNATIONAL UNION OF OPERA TI LIEN, JILL MET. COUNCIL ENV. SERVo (SDS) MINNESOTA PIPE & EQUIPMENT MN DEPT. OF ECONOMIC SECURITY MWCG NORTHERN FOREST PRODUCTS PRESS PUBLICATIONS REEL MANUFACTURING, INC. SAM'S CLUB SUBURBAN INSPECTIONS SWEENEY, KRIS TAILORED COMPUTING SOLUTIONS TIME SAVER TOM THUMB TOWN CRIER PROMOTIONS US BANK CORPORATE TRUST SVCS WINNICK SUPPLY WISCONSIN DEPART. OF REVENUE XCEL ENERGY MANUAL CHECKS 15976 15977 15979 15980 15981 15982 15983 15984 15985 15986 15987 15988 15989 15978 BRIAN WALTER ACP CONNEXUS ENERGY PUBLIC EMPLOYEES INS. PROG. S/F GRANGER'S INC. CLEARWATER CREEK ON SITE SANITATION QWEST VALLEY CREEK LAWN & LANDSCAPE, INC. IRS/COUNTY BANK MINNESOTA DEPT OF REVENUE PERA NATIONWIDE RETIREMENT SOLUTIONS REGISTERED ABSTRACTERS, INC. Check Date Total Checks Monday, July 23, 2001 Page 1 of 1 Check Amt $513.25 $4,591.00 $22,035.52 $218.00 $186.46 $35.24 $245.81 $55.00 $25.60 $207.00 $1,062.99 $21.00 $29.00 $25.88 $9,188.27 $320.37 $1,416.00 $25.00 $13,349.77 $729.00 $1,597.50 $158.14 $486.81 $4.66 $100.00 $203.75 $140.91 $1,026.85 $18,458.75 $22.00 $451.13 $3.189.89 $80,120.55 46.98 115.73 454.18 3754.37 802.91 84.75 1153.25 52.00 2415.42 4774.71 739.41 1620.22 601.94 141.478.28 TOTAL MANUAL CHECKS $158,094.15 TOTAL CHECKS $238,214.70 N N N N N N N N N N -< 0 0 0 0 0 0 0 0 0 0 CD 0 ~ 0 0 0 0 0 0 0 0 I>> ~ ~ ~ ~ ~ ~ ~ ~ ~ .., 0 0 0 0 0 0 0 0 ~ 0 ~"tl ~ ~ ~ ~ ~ ~ ~ ~ ~ o III 1:'< "C -a ~ ~ ~ ~ ~ ~ CD "tl 0'1 ~.Q) 0'1 0'1 0'1 0'1 0'1 0'1 0'1 0'1 0'1 0'< C- O 0 0 0 0 0 0 0 0 0 ~n 0 0 0 0 0 0 0 0 0 0 ::r 0> OJ 0> 0> OJ 0> 0> 0> 0> 0> CD 0'1 0'1 0'1 0'1 0'1 0'1 0'1 (Jt (Jt (Jt C'l CO CO CO CO CO CO CO CO ~ CO ;>; <0 CO -.j 0> 0'1 -I>- VJ N 0 0 0 0 0 0 0 0 0 0 0 m 0 0 0 0 0 0 0 0 0 0 3 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 "C 0 0 0 0 0 0 0 0 0 0 0" 0 0 0 0 0 0 0 0 0 0 '< 0 0 0 0 0 0 0 0 0 0 CD 0'1 co 0> -.j -.j <0 N 0'1 0'1 -I>- CD VJ 0 <0 <0 0'1 ~ 0> VJ <0 -.j ~ $: CJl ClJ ;0 -0 $: -0 $: C () m ):- :z: m [!! m () ):- ):- m 0 3 ;0 m z 0 -I iJ r ;0 .Z 0 "C () 0 m I N () l' 0" m m m ;0 m '- .I Z ;0 m .I '< m ;0 CJl ;0 ;0 r ^ CD '- .-< ):- 0 CJl iJ '- r m CD ):- -I .Z ):- z $: m 0 0 ):- $: $: z z ^ ;0 ;0 -I .Z C I>> m ~ :P r m m 3 CJl m m '- en -I CD CJl en z 0 0 ~ I ;::. -I ):- 0 ;::. m m (") Z r - -I (") -< :r' 0 CD 'TI cn(Jl (") (") CD 0 " ~C'l AJ m CD Z (C -I -. m ~ ~ ~ ~ ~ ~ ::t ::t ~ ~ en ::0 On ~ III ::r CD < <0 <0 <0 <0 <0 <0 <0 <0 <0 <0 _CD 25 ~ 25 25 ~ 25 ~ 25 25 25 CD C'l .., - ~ ~ ~ ~ ~ ~ ;>; r r m ~ ~ ~ ~ ~ ~ 0 N ~ ~ ~ ~ ~ ~ ~ ~ > ~ '::i OJ co N '0 <0 ~ W 0> <0 3 n IV -.j 0> VJ 0> -I>- -.j 0> 0> ~ ?" CJ'l 0'1 0 <0 co 0> <0 0 0 <0 o ::r I: Cll ~ Co Co N W (n <:n <:n 0'1 <:n (n :l C'l 0'1 0'1 -.j ~ co VJ co -I>- (Jt <0 0'1 _;1<' ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 0> VJ ~ ~ ~ .N N ~ ~ w en '0 ~ N en ~ ~ W <0 ~ G)n co 0> 0'1 N -.j 0> 0'1 co 0> ~ 0 :-< 0 0 VJ 0'1 0 0 0> ~ 0> VJ .., ::r 0 CD ~ 0 ~ 0 i:o 0 ~ <:n 0 N III C'l 0'1 co 0'1 0'1 0 co 0 0 -.j N 0 III ;>; o ::t -.j 25 ~ I\.l iJ 0 c2:l -I>- co iJ s: Centennial Fire District 7741 Lake Drive Lino Lakes, MN 55014 (651) 784-7472 - Office (651) 784-2427 - Fax July 17,2001 TO: City Council City of Centerville City Council City of Circle Pines City Council City of Lino Lakes FROM: Milo Bennett SUBJECT: Ratification of expenditures and approval for payment of expenses. Your approval of expenses, as listed on the attached copy of the check register, checks #12758 - 12781, in the amount of $17,198.98 is hereby requested. ,; Centennial Fire District Check Register Page 1 of 1 DATE CHECK# NAME ACCOUNT AMOUNT 07117/2001 12758 Amaco Oil Company 42100 - Fuel and Lube 109.49 07/17/2001 12759 Anoka-Technical College 42220 - Travel, Conference, School 550.00 07/17/2001 12760 Centennial Firefighters Relief Association 43010 - 3rd Quarter Relief Assn. 5,375.00 07/17/2001 12761 Centerville Floral 42280 - Miscellaneous Expense 85.88 07/17/2001 12762 City of Lino Lakes 43030 - 3rd Quarter Common Area 5,883.50 07/17/2001 12763 Connexus Energy 42252 - Station 1 - Electric 295.45 07/17/2001 12764 Davco Technologies, Inc. 42110 - Other Maintenance 69.50 07/17/2001 12765 Emergency Apparatus Maintenance 42000 - Vehicle Maintenance 1,866.86 07117/2001 12766 Frattalone's Hardware 42110 - Other Maintenance 173.30 07/17/2001 12767 Johnson & Hinschberger, Ltd. 42160 - Accounting Services 125.00 07/17/2001 12768 Loftier Business Systems 42110 - Other Maintenance 17.56 07/17/2001 12769 McLeod USA 42240 - Telephone Expense 361.73 07/17/2001 12770 Milo Bennett 42110 - Other Maintenance 182.00 07117/2001 12771 Oxygen Service Company, Inc. 42270 - Breathing Air 280.16 07/17/2001 12772 Photoworld 42180 - Office Supplies 80.50 07/17/2001 12773 Qwest 42240 - Telephone Expense 297.85 07117/2001 12774 Sedgwick 42110 - Other Maintenance 366.00 07/17/2001 12775 Susan Booth 42280 - Miscellaneous Expense 132.00 07/17/2001 12776 Tom Thumb 42100 - Fuel and Lube 18.30 07/17/2001 12777 Verizon Wireless 42240 - Telephone Expense 112.99 07/17/2001 12778 Viking Office Products 45010 - Safety Camp Expense 36.47 07/17/2001 12779 Waldoch Sports 42130 - Equipment Expense 66.33 07/17/2001 12780 Xcel Energy 42254 - Station 2 - Electric 641.61 07/17/2001 12781 Susan Booth 45010 - Safety Camp Expense ll5Q Total $17,198.98 I CITY OF CENTERVIllE COMMUNITY ACTZON NonCE Complaint Number 641 PART I. BACKGROUND COMPLAINANT Date Complaint Taken 7/18/011 Address IAnonymous 011 first Name Time I BY: last Name Phone # - work Phone # - home ~2~~~~_8_~_S~~~W~.~g~~~~~S~B~i~~_a_8_._&~Q_~~2~Y_~~~~~_Q~8~;~D~i~~~~~a~~~~~~~;~t~~~ COMPLAINT INfORMATION ADDRESS: 6911110upre Road NAME (IF !KNOWN): Phone !McKusick IIDean Last first Junk Vehicle ~ Weeds 0 Animal ~ Noise 0 Other 0 E:t'piain JA black vehicle has been parked along side the residence's driveway for approximatley two (2) months. Tabs appearedto' Ihave expired in April. The kennel that houses two (2) unlicensed dogs and one (1) licensed dog has yet to be cleaned ,Since rece;pt of certified, 2nd Notice to same violation on June 27,2001. (Notices Attached). What type lOJ Response is iKequiredi: Complainant Response Required 0 Immediate 0 Time Permits 0 Complaintant Jlhformed 0 RESPONSE METHOD: Department Referred to: (Departltlent) (Employee) ~~~.~I-a~Q~Q_m~a~;~~~D~I~a~a~~~~~g_a_~_a~~~a~w~~~o~a~g~~~;~a~I=~=a~~~I~A~9_e~~~~~a~ PART 11, FOLlO\;V UP: Action Taken !Forwarded to Centennial Lakes PD for officer to verify ordinance violations. I . I Completed 0 Date or Action Person Contacting Complainant: Department: ~~~R~~_D~'_a~m~a~~~I~g~'~~~a~~_a~l~g~.~a~~~a_i_.~.~;_1~D~O~~~g~D~U~a~8~A~~~._I~U~~=1 Additional Information CITY .OF CENTERVIlLE COMMUNITY ACTION NOTICE Complaint Number 621 last Name INicosik I first Name ICharlie Address 69561 [Meadow Circle Phone # ~ work 1651-633-8900 I Phone # - home 1651-762-7915 Date Complaint Taken I 7/17/011 Time I PART I.. BACKGROUND COMPlAINANT BY: -&~~_.-~-~~g~~~g~g_~_Q~8_g_B~8~a~a~l_g~~~.~.~~_g_~~~~.~~~a~~~a_~~g~~_a~~~c~=~t~Q~~~ COMPlAINT INfORMATION ADDRESS: 011 NAME (If KNOWN): Phone II Last first Junl( Vehicle 0 Weeds 0 Animal 0 Noise 0 Other ~ E;{plain IDissatisfied with Met Council's reconstruction of his yard. Mr. Nicosik has spoken to both Met Council and Mr. Rick Icarlson in this regard. Mr. Nicosik would like a meeting with Met Council, at his residence. I What 'a:-Jpe of !Rssponse is Required: Complainant Response Required 0 Immediate 0 Time Permits 0 Complaintant Informed 0 RESPONSE METHOD: lOepartmei"lt Referred to: (Department) (Employee) ~Q~~~~~~~~~n~~_~~o~e~B~~~ij~m~Q~U~~_~~B~o_;~a~a~"~~~D=D~U~~~3~~~;~~~o~;~~~u~a~;~~~n~ PART II. fOllOW UP: Action Taken IForwarded to P. W. and Bonestroo I I Completed 0 Date or Action ferson Contacting Complainant: Department: ~U~Q~n~n~a~~_~~;~n~~~~_B~B_O=~~~~~_~~D_&_8~D~.~._D~U_._O~.~;_Q_a~O~D~;~Q~~~~~'~D~O~t Additional Information CITY OF CENTERVILLE COMMUNITY ACTION NOTICE PART I. BACKGROUND COMPLAINANT Complaint Number 611 Date Complaint Taken 7/18/011 Time I 9:00 AMI BV: last Name !Carpenter I !First Name IKen Address 01 i Phone # - work k-;5/-06 -21.6 / I Phone # - home. ~/ --1/29 -6J!/ /' ~8~m~Q_8_~~Q~S~a~g~~~g~g~~~~~g~5~a_3_q~8~~~~~R~9~'_'_B~a~~~B~a~~~g~B~J~~~a~'~a~~~~~ COMPLAINT INFORMATION ADDRESS: 011 NAME (IF KNOWN): [phone ] I last first Junk Vehicle 0 Weeds 0 Animal 0 Noise 0 Other ~ !Explain Drainage issues between the Martinez and Carpenter properties. (Met Council Project) ! What type of Response is Re\;ll.lired: Complainant Response Required 0 Immediate 0 Time Permits 0 COMplaintant In'tormed 0 lRlESlI>>ONSlE METHOD: Department Referred to: (Department) (Employee) ~v~a_a~a~'_e~D_a~a=D~D=Q~~=~~D~~~b~.~a~a_a_=~D~q~D~9~D~Q~D~~~D~D~a~~~D~~~D~~~D~~~a~ PART II. FOL!LO~J UP: Action Taken IForwarded to P.W. and Bonestroo I Completed 0 Date of Adion Person Contacting Complainant: Department: ~"~~~g~~-g-;-~~~~~~D~8~D~9~~~~~D=~~a~D~q_g~D~g~g_'~'_8~g~D~Q~~=~~~~Q_D~cr~~~'~I~O_'~1 Additional Information CITY OF CENTERVIlLE COMMUNITY ACTION NOTICE Complaint Number 631 PART!. BACKGROUND COMPLAINANT Date Complaint Taken I 7/12/011 Time I BY: last Name IAnderson I First Name IDean Address I 696111Centerville Road Phone # ~ work /651-633-8171 Phone # - home 1612-490-1792 -g-Q~Q~Q~~~R~~~=~-.~~~~~Q~~~a~m~g~S~~_Q_B_a_.~g~5~g~S_~~~~g~9~.~.~a~a~B~~~~~~~.~Q~.~ COMPLAINT 1l:NfORMAnON ADDRESS: 011 NAME (IF KNOWN}: Phone II ~ last first Junk Vehicle 0 Weeds 0 Animal 0 Noise 0 Other ~ b:piain IDust from the temporary road in Laurie LaMotte Memorial Park due to dry conditions and usage by numerous vehicles. I' IMr. Anderson has concerns regarding this item during the Fete des Lacs Celebration and future direction of the temporary t~~d. , > I I"J'?/,-, rlvt/'l6!.-'GcfI W- .' -<. ,/ <DJ~- /7 ' '. ; /l j ,1 ,., I I', '-I.v~ <,.... 770 cuU?;i...J.t€1!4 A!;iY.J d-L;;u: ./Wur. A;;t./!!..,J7U et,?[ eCA,/L4--, I I What \type of Response is Reqi.iired: Immediate 0 Time Permits 0 Complaintant Informed 0 Complainant Response Required 0 RESPONSE METHOD: Department Referred to: (Department) (Employee) ~'_3_.~~~Q~~~Q~~~Q~3~~~~~~~a=ti=~~a~u~I~;~Q~'~a~n=a~'~~~M~~~a~g_a~l~n_~_~_Q~a~~~8=Q~ PART 119 fOLLOW UP: Act;"" Taken l_~ Completed 0 Date of Action Person Contacting Complainant: Department: ~w~a~a~a~~~~~a~.=a~.~m~n~a~2~a~C~I~a~~=~~~~~~~_I~'~'_~~Q~~~a~a_I~I~~~~~~~D~a~a~a~n=' Additional Informatiol/1 IMr. Anderson came into City Hall on Monday, July 16, 2001 and was directed to attend the Parks and Recreation IComm ittee meeting on Tuesday, July 17, 2001 with his concerns. Public Works was also notified of the problem and ldir;~. d ~endors partici.p~n~ '~:~,; F~~<!.l.'~. @-qu.", /uva.-k~, h-:-f-', tdi-.' . " t...~ ~.;I'?'.v~i .-Ea,~L t!o /'l..Q:fu.:..c4.:-^-' ~~. /~ )'U--t..-4.hF'.&...P .t.-:.:2d&o..), J t5 G-< ."" /~ " , u.,:, ,L/::2" f ,.A "~,;;; (!ci-/L7d..~.;! ~-?? .' .." L7' 'd:~ <>":~':" C?U 71Ie:;,k I. I I I ~~so:..;.:..,P c~ 'j ,~ ;J JI. . ~FiV. \ ..~P'~ j,i \~J ~(i V ~ I /Jt. Jll . (.~~. p/ ,,;J\. '- II tv . ~ ~ ,~t \ vrn" ^ {tV }n\1 \ ~. f ,~vJ1' Dear Mayor and Members of the CentervilJe Council: I'" .~ it] ?n()!l YU,i[ ,3 ;Y;4.;JiiJ.t!~ 645 Ash Street Shoreview, MN 55126 July 4, 2001 My name is Geno Noll and I am responsible for the parking at St. Genevieve's Parish Picnic, which will be held August 19, 2001. Parking near the church and on Goiffon Road always seems to be a problem on this day. I have contacted the tri-city police department to ensure that things run safely and orderly that day. Last year the ,church was permitted to dose Goiffon Road from County 14 to Sorel Street during the hours of 8AM-6PM. Because this worked well, ! am asking for permission to do so again this year. Safety is always a concern. People often cross from one side of the road to the other, sillce there are activities on both sides of the street. In addition, traffic flow ensured neighbm:l1.ood.protection. By dosing off this section of Goiffon Road, safety was increased. The park and ride was used last year, and I also borrowed city barricades. This was efficient and a great help to the success of our picnic. I hope that the parish may use the barricades and utilize the park and ride again. If closing the road during the picnic is feasible or if you have further questions for me piease contact me at home (651) 483-9364 or through St. Genevieve's (651) 429- 7937. Thank you very much. I look forward to hearing from you in the near future. You are all warmly welcomed tojoin us for a day of fabulous food, fun and festivities. Sincerely, !fJ~ /)q/!/ Geno NoH jJJitervi{{e -~r>~.:: ;:'.\ ,::;:';J ~' 'Estab(isfiei 1857 il r;tV )} 0 July 17, 2001 I 1880 Main Street _ Ce; . re, 'Jv{'J{ 55038 (651) 429-323~~ 'o'o a;r. (651) 429-8629 tc' \}., it! '\ ",. ,J) ~l" \i 'jYV' h)~ ;,\)JI. 'Jll. j/ vi ~y / ,,~(/" ~:x r7 ~(It'Av . ~ . , lY' !.fJ \"1 \ (\ ~,\,,)" \ ~ if' \'o'o\ f\ '" ,r, , V CV\ v\\' ,.1 ,\d- Mr. & Mrs. Michael W. Schwartz 1930 - 73rd Street Centerville, MN 55038 Dear ML & Mrs. Schwartz: In regards to our telephone conversation of yesterday, this letter is being forwarded to you with our greatest apologizes for not rectifying the matter promptly. You are aware of the circumstances that surround the errors that occurred; residents having the same name, new utility software and computer problems associated with the installation of same. I understand your frustration and tried to convey that to you during our conversation. I assure you, the problems have been rectified and I apologize for your time that has been consumed by contending with this matter. Your account does not have an outstanding balance as referred to in the letter that was forwarded to you in June. Your account is paid through the first quarter of 2001. Second quarter billing has not been completed to date; however, it is anticipated to be completed and forwarded to residents shortly. Staff has been directed to pay close attention to your account during this process. Once again, I apologize for the inconvenience this has caused you and your husband and assure you that the matter has been rectified. If you have any further questions or concerns regarding this matter, please do not hesitate to contact me. Sincerely, c---- .~. f . .....-. Jcf/ ....- ...-..... l......J'!!i" "', .-:'/ -. IH'~ Teresa Bender Clerk/Treasurer Cc: Honorable Mayor and Council Members 07/19/01 THU 09:39 FAX 6512241305 ~002 1100Minnesota World Trade Center 30 East Seventh Street St. Paul, UN 55101-4901 ~ . A Division of Miller- Johnson Steichen Kinnard (800) 950-4666 (651) 224-1500 Fax (651) 224-1305 lVIEMORANDUl\I E X T ERN A L DATE: July 19, 2001 TO: 1tIr. Tim Swedberg, Mayor and Iv1embers oithe City Council City of Centerville FROM: George Ellertson, Vice Piesident A ~ Juran & Moody J HE: Financial Advisor Project Review COl\'IMENTS: Due to Jim :March's acceptance of the North Oak's administrator position, the City of Centerville may be without a city administrator for a short period of time. Juran & Moody is available to provide continued assistance to the City of Centerville on its municipal fmance issues. Juran & Moody 'Nill be completing the annual tax increment (TIF) reponing for the City. The rl;>ports are due by August 1"', however many cities ieceive an extension if necessary. It is our ~oa1 to meet the August llll reporting date. Nick Skarich is the staff that specializes in tax mcrement and economic development issues who ,-,'ill complete t4e reports. In regards to the Pheasant Marsh project, Mr. March indicated that the project is temporarily on hold. According to City Engineer Tom Peterso~ the City and developer are discussing differences :in opinion in regards to assessments. "Vhen the details are worked out, Juran & Moody is available to assist the City issue general obligation bonds to meet the project financing needs. It is my understanding that the dO'WTIto\\i'11 redevelopment project is also on h.old at thi~ time. Juran. & Moody is available to assist the City as necessary on the project. George and Nick are available to assist the City with any questions relating to how to proceed with this project - ie., setting up TIF districts, the amount of TIP revenue that may be generated, etc. Juran & Moody mTI continue providing the City with the frnest public fInance assistance. Peel free to contaLi me at (651) 291~30S6 wim any questions. Thank you. , } oJ. j " 'g; TO: Honorable Mayor and Council Members FROM: Teresa Bender, Clerk/Treasurer SUBJECT: Update on Traffic Study DATE: July 23, 2001 Staff recently spoke with Ms. Jane Pemble, Anoka County, regarding the requested traffic study for 20th Avenue. Ms. Pemble stated that they are currently completing a study for the City of Anoka and same is due by the end of the month. Ms. Pemble stated that a large amount of the basic works has been completed and that she anticipates having the written report completed by mid-August. Staff will keep you informed of the status of this item. Pursuant to due call and notice thereof, the Planning and Zoning Commission held their regula scheduled meeting on July 3,2001, at 6:30 p. m. CITY OF CENTERVILLE PLANNING AND ZONING COMMISSION JULY 3, 2001 PRESENT: Chair Person Brian Hanson Commissioner David Kilian Commissioner Tom Wilharber Commissioner Ray De Vine Commissioner Barry Brainard ABSENT: Commissioner Rob Sheppard Commissioner John McLean COUNCIL: STAFF: I. II. eterson's concerns. e would like to see items completed prior . Juh! stated that problems exist with the completed, blacktop patching in cement that are occupied, balled and bur lapped strom, 6960 Dupre Road, questioned the reasoning for the City allowing the se to be constructed when the first phase has been completed so poorly. Mr. ~ ' rom stAted-:tpat silt fencing is still in place in areas that are completed, lack of weed c 01 and daily c'1'ean up ,by Swift Construction. Mr. Halstrom stated that residents generally enjoy their homes in the project; however, a lack of street lighting is also an issue. Mr. Ingison stated that he would like Ojibway Drive to be made a public street versus a private street. Mr. Ingison felt that the City taking over the street would not set precedence and that Chauncey Barett Garden residents could then utilize same. Page 10f3 July 3, 2001 Planning and Zoning Minutes Mr. Brian Rawlings, 7069 Dupre Road, questioned how two (2) could be responsible for the maintenance of Ojibway Drive. Mr. Rawlings also stated that two (2) different unit styles are in the same association adding additional burdens on same. Mr. Rawlings desired that the Commission recommend to Council that Ojibway Drive become a public street. Mr. Quigley stated that the market for single-family town homes was much been than that of town homes. Council Liaison Broussard Vickers questioned the Developers Agreement and enforcing same. Ms. Linda Witham, 7015 Dupre Road, stated that the City she previously lived in did not allow private roads. Mrs. Halstrom, 6960 Dupre Road, stated additional items that had not been completed such as sodding near Voyager Court, common area inaccessibility to those who are disabled, etc. Mrs. Halstrom also stated that primarily the models are completed and other units remain uncompleted. Mrs. Halstrom addressed the improper planting of screening trees. Mr. Mark McLeil, 6961 Meadow Court, stated that he was concerned with the town homes abutting areas zoned Single-Family Residential. Mr. Bert Casper, 6979 Eagle Trail, stated that the City has some leverage that can be utilized. Mr. Casper also stated that he desired that the issues regarding lighting and park areas be addressed. The Chair closed the public hearing at III. APPEARANCES None. IV. OLD BUSINESS 1. Accessory Structures (M-I District) Lengthy discussion ensued regarding same and other community's requirements. V. NEW BUSINESS 1. Eagle Pass 2nd Addition "-, Motion by Commissioner DeVine, seconded by Commissioner Kilian to request additional information from Legal Counsel in regards to the City's ability to escrow funds for uncompleted items and the ability to stop a particular builder from building. All in favor. Motion carried unanimously. Page 2 of3 July 3, 2001 Planning and Zoning Minutes Discussion ensued regarding an entrance from Meadow Lane to the development and consensus was not to modify the preliminary plat as proposed. VI. DISCUSSION ITEMS Consensus was to hold a workshop regarding Accessory Structures in the M -1 District. Motion by Commissioner DeVine. seconded by Commissioner Wilharber to hold a worksho{J on July 17. 2001 at 6:30 p.m. All in favor. Motion carried unanimously. VII. CONSIDERATION OF MINUTES 1. June 5,2001 Meeting Minutes Motion by Commissioner De Vine. seconded by Commissioner Kilian to approve the June 5. 2001 Meeting Minutes. All in favor. Motion carried unanimously. VIII. ADJOURNMENT Motion by Commissioner Brainard. seconded by Commissioner DeVine to adiourn the July 3. 2001 Planning Commission Meeting at 8:28 p.m. All in favor. Motion carried unanimously. Transcribed by: Teresa Bender, Clerk/Treasurer Page 3 of3