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HomeMy WebLinkAbout2008-05-28 CC ~eroi{[e 'Estabfislid 1857 CITY COUNCIL MEETING/CLOSED EXECUTIVE SESSION/COUNCIL MEETING/WORK SESSION MEETING AGENDA COUNCIL MEETING I. CALL TO ORDER 1. Roll Call Wednesday, May 28, 2008 6:30 p.m. II. PUBLIC HEARING 1. sWPPP (Storm Water Pollution Prevention Program) III. OPEN FORUM: An opportunity for members of the public to address the City Council on items not on the current agenda. Items requiring Council action maybe deferred to staff or Boards and Commissions for research and future Council Agendas if appropriate. You will be limited to two (2) minutes and we ask that you conduct yourself in a professional, courteous manner, and refrain from the use of profanity. Failure to abide by this policy may result in the loss of your privilege to speak. Persons wishing to speak will be required to complete a sign-up sheet and give it to the mayor or a staff person prior to the start of the meeting. IV. APPROVAL OF AGENDA V. APPROVAL OF MINUTES 1. May 14,2008, City Council Meeting Minutes (Pages 1-6) 2. May 14,2008, City Council Work Session Meeting Minutes (Pages 7-9) VII. CONSENT AGENDA 1. City of Centerville May 15, 2008 through May 28, 2008 Claims (Page 10) VI. A W ARDS/PRESENTATIONS/APPEARANCES 1. Mr. Greg Kieselhorst, Centerville Lion's - Fete des Lacs Special Event Permit, Temporary On-Sale Liuor License, Noise, & Fireworks Permits (pages 11-22) VII. OLD BUSINESS VIII. NEW BUSINESS 1. Res. #08-0xx. - Appointing a Fire Chief for Centennial Fire District (Pages 23-24) IX. ANNOUNCEMENTSIUPDATES 1. City Administrator, Mr. Dallas Larson X. ADJOURNMENT COUNCIL EXECUTIVE SESSION (Closed unless otherwise noted) I. CALL TO ORDER 1. Roll Call II. ITEMS OF DISCUSSION 1. Performance Review - City Administrator, Mr. Dallas Larson (Cont'd) 2. Performance Review - Public Works Dir./Building Official, Mr. Paul PaIzer RECONVENE REGULARLY SCHEDULED COUNCIL MEETING III. ADJOURNMENT COUNCIL WORK SESSION I. CALL TO ORDER 1. Roll Call II. ITEMS OF DISCUSSION 1. Nuisance Issues - Ordinance Enhancement 2. Chapter 154 - Review & Provide Feedback to Planning & Zoning Commission 3. Code Revision 4. CSAH14 Update 5. Schedule Budget Work Session III. ADJOURNMENT * * REMINDERS * * Observance of Memorial Day - May 26, 2008 - City Hall Closed Council Meeting - May 28, 2008, 6:30 p.m. Council Chambers Planning & Zoning Commission Meeting - June 7, 2008, 6:30 p.m. Council Chambers Parks & Recreation Committee Meeting - June 8, 2008, 6:30 p.m. Council Chambers CITY OF CENTERVILLE CITY COUNCIL MEETING May 14, 2008 7:50 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting on May 14,2008, at City Hall, 1880 Main Street. PRESENT: Mayor Mary Capra ~ Council Member Linda Broussard-vickers.. ft{)W1(ii\O Council Member Michelle LakSO. &..... ~.. . ~O. ... r?\9)\.J \B7 Council Member JeffPaar rNl tb. .~.. 0 .. U' Council Member Tom Lee 1.J\.J@1) City Administrator Dallas Larson City Attorney Kurt Glaser City Engineer Mark Statz STAFF: I. CALL TO ORDER Mayor Capra called the May 14,2008, City Council meeting to order at 7:50 p.m. II. APPROVAL OF AGENDA Motion by Council Member Lee. seconded by Council Member Broussard-Vickers. to approve the eenda as amended. All in favor. Motion carried unanimouslv. III. PUBLIC HEARINGS None IV. APPROVAL OF COUNCIL MINUTES 1. A1>riI23. 2008 City Council Meeting Minutes Motion by Council Member Parr. seconded by Council Member Lakso. to approve the April 23. 2008 City Council Meetine; Minutes as oresented. Motion carried unanimouslv. 2. May 1. 2008. Public Hearing Meeting Minutes City of Centerville City Council Meeting Minutes May 14, 2008 Motion by Council Member Parr. seconded by Council Member Lakso. to aoorove the May 1. 2008. Public Hearin2 Meetin!!: Minutes as oresented. Motion carried unanimouslv. V. CONSENT AGENDA 1. City efCeaterville f..priI21. 2008. ~ May 11. 2008. Claims 2. Centennial Lakes Police Department Claims through Mav 8. 2008 3. Centennial Fire District Claims through Mav 2. 2008 1. i'\WOO"/al of Saeeessful PerfelmaBee RwAe'.v ef BuikIiBg Offieial, Publie Werks Dil-eater, Mr. Paul P-aIzer 11 years. 5. EBefOaehmeBt f.:J:a'eelBeBt 7310 Old Mill Read (Feooe) At the request of the Public Works Director, Item 4 will be discussed at the next City Council Meeting. Items 1 and 5 were pulled for discussion. Motion by Council Member Lakso. seconded by Council Member Broussard- Vickers. to aoorove Items 2 and 3 of the Consent A2:enda as oresented. All in favor. Motion carried unanimouslv. 1. City of Centerville April 24. 2008. through May 14. 2008. Claims 5. Encroachment Agreement 7310 Old Mill Road - (Fence) Mayor Capra stated that there is an item on the City of Centerville Check Register for Capra's Utilities Inc. She wanted to clarify that this is not her, nor is it a relative of hers. Councilmember Broussard-Vickers pointed out that the Encroachment Agreement referred to in Item 5 is between two individuals - not the City. City Administrator Larson stated that there are utility easements around the property line and there might be a large utility easement around the pond where the fence would encroach. Councilmember Broussard-Vickers inquired whether anyone had looked at this. City Administrator Larson replied that Paul had looked at it. Motion bv Council Member Lee. seconded bv Council Member Parr. to aoorove Item 1 and 5 of the Consent A2:enda as oresented. All in favor. Motion carried unanimouslv. Page 2 of6 City of Centerville City Council Meeting Minutes May 14,2008 VI. A W ARDSIPRESENTATIONS/APPEARANCES Mr. Paul Pierce, Anoka County Historical Society, thanked the Council and the City of Centerville for their help and contributions. He presented Mayor Capra with a historical picture and some elementary school level books that she could keep at City Hall or pass on to elementary schools. Mr. Pierce stated that publishing the books required a lot of research, working with District 11, and going before the State Board of Education. The books have been approved for the elementary school level and are going out to schools in Anoka County. Mr. Pierce explained that 2007 was the Sesquicentennial Year (1857 - 2007) for Anoka County. Mr. Pierce showed a film on numerous Sesquicentennial events that took place over the last year and gave Sesquicentennial mugs to all the City Council Members. Mayor Capra stated that during the Sesquicentennial, they had a very successful wagon train that went through Anoka County. Mr. John Olson was the leader of the wagon train, with his mules and his wagon from that era. Mr. Pierce announced some upcoming events and once again thanked the Council for their help and contributions. VII. OLD BUSINESS 1. Proposed Ord. #21. Second Series - Senior Citizen! Active Duty Deferment of Special Assessment City Administrator Larson stated that the State Legislature authorized a revision to include service people (on active duty and 12 months after) in this Special Assessment Deferment, and Governor Pawlenty signed it. Motion bv Council Member Broussard-Vickers. seconded bv CouncD Member Lee. to approve Ordinance #21. Second Series - Senior Citizen! Active Duty Deferment of Special Assessment. All in favor. Motion carried unanimouslv. 2. Parks & Recreation Committee Recommendation for Lake Shore Stabilization at Hidden Soring Park City Engineer Statz reported that he met with the Park Board to discuss the status of this improvement, and that he forwarded an email to the Parks Committee. He stated that the study showed the soil is not compacted, with the exception of 2 small areas. That part is complete; however, they still want to do a test. City Engineer Statz stated that they would like to use Mr. Greg Thompson's design, but they are only 75% sure it will work. The City would like this solved once and for all. Mayor Capra recommended doing more substantial plantings. Page 3 of6 City of Centerville City Council Meeting Minutes May 14,2008 Conversation ensued regarding the first design's failure, Mr. Thompson's proposed design, and the fact that there are three contractors who could bid on it. If Bonestroo would redo it correctly, there would be no additional cost. Motion bv Council Member Lee. seconded bv Council Member Lakso. to approve Bonestroo to redo the Lake Shore Stabilization at ffidden SPrin2 Park at no additional cost. Motion carried (4/1). Council Member Broussard-Vickers opposed. VllI. NEW BUSINESS 1. Consider Using Volunteers for Tree Trimming at Eagle Park vs. Public Works Staff Motion bv Council Member Lee. seconded bv Council Member Parr. to use volunteers for Tree Trimmin2 at Ea2le Park - provided they would be covered bv the City's insurance. AU in favor. Motion carried unanimouslv. 2. Restoration of Boulevard on Heritage Street - Not to Exceed $3.400 Motion bv Council Member Broussard-Vickers. seconded bv Council Member Lee. to approve the restoration of the Boulevard on Herita2e Street - not to exceed $3.400. AU in favor. Motion carried unanimouslv. 3. Drainage System Implementation - Downtown City Administrator Larson stated that they have money allocated from three grants for the downtown drainage system. Mayor Capra commented that the benefit to the ground water would be huge. City Engineer Statz stated that it would have to be designed where it would not have a big bounce, and there will be some trade offs. He questioned whether we should have a backup, as this is the backbone of the system. He added that it would not disturb too much of the street. City Administrator Larson stated that they would need approval from Anoka County. Discussion ensued. Motion bv Council Member Lee. seconded bv Council Member Parr. to approve downtown Draina2e System Implementation. AD in favor. Motion carried unanimouslv. Page 4 of6 city of Centerville City Council Meeting Minutes May 14,2008 4. 2008 Sealcoat/Crack Seal Proiect - Approval to Produce Plans and Specs. Discussion ensued regarding the proven effectiveness of sealing cracks every year. Motion by Council Member Broussard-Vickers. seconded by Council Member Lakso. to authorize emrineer to produce plans and sPecs for the 2008 Sealcoat/Crack Seal Proiect. All in favor. Motion carried unanimouslY. 5. Res. #08-012 - Assigning Duties for Handling Banking Transactions City Administrator Larson remarked that this is similar to the resolution in 2005. He explained that the main change would be that moving money could be done by one person. That person would not be authorized to take money out, only to move it to another account within the City. Motion bv Council Member Lakso. seconded by Council Member Parr. to assim the handlin2 of bankin2 transactions to one person - with some restrictions. All in favor. Motion carried unanimouslY. 6. Res. #08-013 - Abatement of Special Assessment & Re-Assessing the AD{>ropriate Parcel City Administrator Larson explained that this would be done to correct an error in the parcel numbers. Motion by Council Member Broussard-Vickers. seconded by Council Member Lee. to approve Abatement of Special Assessment and Re-Assessin2 the Appropriate ParceL All in favor. Motion carried unanimouslY. IX. ANNOUNCEMENTSIUPDATES 1. City Administrator. Mr. Dallas Larson City Administrator Larson reported that they are revising the job description for the City Works staff, and requesting to refill the vacant position. If they could obtain someone with building inspector experience, they would have the backup needed. Motion bv Council Member I"''':':'''''', seconded by Council Member Lee. to look for a candidate with the needed experience for the City Works vacancY. All in favor. Motion carried unanimouslv. 2. Revision to Chat>ter 154 It was noted that Planning would like to have Council's feedback by its next meeting. Page 5 of6 City of Centerville City Council Meeting Minutes May 14, 2008 3. Mayor Capra reported on the Minnesota Mayors' Conference. Mayor Capra stated that the Minnesota Mayors' Conference was very informative, and it encouraged high performance partnership. They discussed gearing up for the census and assessment policies regarding roadwork. Mayor RT. Rybak: gave a speech about preparedness. 4. Problem with sooeding at 73rd & 20th Mayor Capra reported that citizens are requesting that police sit and take note of the speeding problem at 73rd and 20th. It was reported cars sometimes drive so fast they are missing the comer. Councilmember Broussard-Vickers suggested that they need to narrow down the timeframe during which this is happening. 5. Congratulations to Council Member Lak:so Mayor Capra congratulated Councilmember Lakso on the excellent job she did. The whole treatment area was moved when they smelled gas. 6. Parks & Recreation Councilmember Lee stated that, in the next couple of weeks, residents would be able to have picnics in the park. A battle of the bands is being planned for June 14. Music in the Park was discussed at the last meeting. Councilmember Lakso expressed her hope that they will see continued activities in the parks. Councilmember Parr stated that special thanks should go out to Parks & Recreation Committee, as they put in a lot of extra hours ( ? ) 7. Performance Review Mayor Capra announced that following the City Council Meeting and a short break by Council Members, the Council would reconvene for an Executive Session - Subject: Performance Review - City Administrator, Mr. Dallas Larson. X. ADJOURNMENT Mayor Capra adjourned the City Council Meeting at 9:20 p.m. Transcribed by: Bonita Kaska, Recording Secretary TimeSaver Off Site Secretarial, Inc. Page 60f6 CITY OF CENTERVILLE CITY COUNCIL WORK SESSION MEETING May 14, 2008 6:30 p.m. PRESENT: Mayor Mary Capra Council Member Linda Broussard-Vickers Council Member Michelle Lakso Council Member JeffPaar Council Member Tom Lee STAFF: City Administrator Dallas Larson City Attorney Kurt Glaser City Engineer Mark Statz I. CALL TO ORDER Mayor Capra called the May 14,2008, City Council Work Session to order at 6:30 p.m. Mayor Capra announced that, because there was already a Public Hearing, there will be no input from the audience during this meeting. However, they can submit their suggestions in writing. II. ITEMS FOR DISCUSSION 1. Resident Input from 2009 Street Project Public Hearing (5/1/08) City Attorney Glaser stated that he prepared a couple options to give the Council looks at different scales of the project. Mayor Capra inquired whether there were any questions for the engineer. Councilmember Parr asked whether the project was mostly for the water, as the Sumack Court and Ivy Court area roads themselves are not in that bad of shape. City Engineer Statz replied that those roads, as well as Center Street, would not need reconstruction. City Engineer Statz went on to discuss various options to find the least invasive one and the one that would cause the least disruption to traffic. Discussions ensued regarding collector street policies, ways to avoid disruptions, and whether there would be maintenance within this system. City of Centerville City Council Work Session Minutes May 14,2008 Mayor Capra stated that the projects delayed from 2004 should definitely be completed. Councilmember Lakso inquired about what would need to be done with the storm sewers. City Engineer Statz replied that it would not be worthwhile to do the storm sewers if they are not doing the road itself - except for the ones in bad shape. Councilmember Broussard-Vickers stated that forcing hook up to the water main was her biggest issue going forth. She stated that, since the water system is working and we have enough loops, it would not compromise the system if we do not continue to expand it. Discussion ensued regarding the cost savings of doing the reconstruction without putting in the water line; however, the residents would have to bear 100% of the costs later. Councilmember Parr suggested that, if it was a full reconstruct, the water line should be put in. If a reconstruct was not needed, the water line would not be put in. Mayor Capra stated that the optimum time to put the water line in is when they had development going in, as the road would already be opened up. She added that they have to have a date in the Ordinance. She could call a motion to rescind that date or push the date out further. Councilmember Lee asked City Administrator Larson for a spreadsheet, showing the costs for commercial and residential water. He stated that our water usage fee is not adequate, and there is no way to enforce it unless we have a drop-dead date. Councilmember Parr stated that residents are putting wells where they should not be placed. City Engineer Statz showed some slides, explaining different cost options - between doing nothing to the full project. Discussion ensued regarding only doing mill and overlay in some areas vs. a full reconstruct. Mayor Capra stated that they would have another Work Session to discuss trails and sidewalks next Wednesday, May 21. City Attorney Glaser stated that anyone who wants to challenge the assessment can come to the meeting or do it in writing without an attorney. He added that the burden of proof would be on them to prove the assessment is not correct. III. ADJOURNMENT Mayor Capra adjourned the City Council Work Session Meeting at 7:45 p.m. Page 2 00 Transcribed by: Bonita Kaska, Recording Secretary TimeSaver Off Site Secretarial, Inc. City of Centerville City Council Work Session Minutes May 14,2008 Page 3 00 CITY OF CENTERVILLE OS/21/082:33 PM Page 1 *Check Summary Register@ Name 10100 MAIN STREET BANK Paid Chk# 023364 ANOKA COUNTY PROPERTY Paid Chk# 023365 AFLAC Paid Chk# 023366 ANOKA COUNTY HIGHWAY Paid Chk# 023367 ANOKA COUNTY PROPERTY Paid Chk# 023368 CENTER POINT ENERGY Paid Chk# 023369 DELTA DENTAL Paid Chk# 023370 EARL F. ANDERSEN INC Paid Chk# 023371 INTERNATIONAL UNION OF Paid Chk# 023372 KONICA MINOL TA BUSINESS Paid Chk# 023373 MET. COUNCIL ENV. SERVo Paid Chk# 023374 NORTH STAR PUMP SERVICE Paid Chk# 023375 ON SITE SANITATION Paid Chk# 023376 PRESS PUBLICATIONS Paid Chk# 023377 REAL ESTATE Paid Chk# 023378 STEPHAN, KIM Paid Chk# 023379 Paid Chk# 023380 Paid Chk# 023381 Paid Chk# Paid Chk# TIME SAVER US BANK* XCELENERGY BI-WEEKL Y ACH B/-WEEKL Y ACH Check Date 5/19/2008 5/28/2008 5/28/2008 5/28/2008 5/28/2008 5/28/2008 5/28/2008 5/28/2008 5/28/2008 5/28/2008 5/28/2008 5/28/2008 5/28/2008 5/28/2008 5/28/2008 5/28/2008 5/28/2008 5/28/2008 5/1/2008 5/15/2008 Total Checks MAY 2008 Check Amt $532.41 14-31-22-43-0059 -2008 PROPERT $32.20 J. MEYER AFLAC INS - MAY 2008 $466,202.79 CSAH 14 IMPROVEMENTS {SP 02-61 $92.00 #1979945.008 - ENCROACHMENT AG $15.98 2085 W CEDAR ST - SERV THRU 4- $267.75 JUNE 2008 DENTAL INS. $8,018.39 PARK EQUIPMENT - TRACIE MCBRID $60.00 A. ANDERSON & T. PETERSON JUNE $635.13 #854711 - SERVICE CHARGES $13,530.63 JUNE 2008 SERVICE FOR WASTEWAT $3,360.91 SERVICE TRIP - LIFT STATION #1 $179.80 6971 LAMOTTE DR - LAURIE LAMOT $260.10 2007 DRINKING H20 REPORT $109.00 J. MEYER - 4TH ANNUAL MN LAND $413.96 PLANTS/MULCH/FERTILIZER FOR PARKS & REIMBURSMENT FOR MEDICAL (FLEX) & MILEAGE REIMBURSEMENT $371.48 P & Z MEETING - MAY 6 $340.76 GUIDE TO 2006 IRC WOOD WALL- $3,187.24 7285 MAIN ST - SERV THRU 5-6-0 $13,064.57 PAY PERIOD 9 $12,650.43 PAY PERIOD 10 $523,325.53 Note: There will be an updated list of disbursements for approval on 5-28-08. L..___ Page 1 of 1 Teresa Bender Sent: To: Cc: From: Greg Kieselhorst [gkieselhorst@controlproductsinc.com] Tuesday, May 13,20082:30 PM tbender@centervillemn.com Mira LaCous; John Ficcadenti; Alwin LaMotte; Bill Bisek; Brian Bernier; Brian Hughley; Cam Letourneau; Dave Brown; Greg Kieselhorst; Jeff Gerdesmeier; Jim Snyder; John Cannon; John Thill; John Thill; Jon Kvamme; Usa Kieselhorst; Usa Kieselhorst; Lorie Bombeck; Lynn Johnson; Mike Schweitzer; Mike Thinesen; Pedro Saladzar; Stephanie Woodward; Stephanie Woodward; Terry Sweeney; Todd Steffen; Todd Wolner; Tom Dario; Tom Dario; Tom Wilharber; Vivian Snyder Subject: 2008 Festival Permits Hi Teresa, Can the Centerville Lions be added on to Council's Agenda for Wednesday May 28th for the Alcohol (1 to 4 Day Temporary/Event On Sale Liquor License), Noise, Fireworks and Special Event Permit Application Permits? I will get the appropriate paperwork and polices in order over the next week and get those to you. Thanks, Lion Greg Greg Kieselhorst ECAD D . . ~~CONTROL ~~PRODUCTS www.controlproductsinc.com 1724 Lake Drive West Chanhassen, MN 55317 USA Phone: 952-361-4159 Cell: 612-221-9122 This email has been scanned by the MessageLabs Email Security System. For more information please visit http://www.messagelabs.com/email 5/13/2008 tervi{{e 'Lsta6fi.sIieQ 18!>7 Centerville Special Event Permit Application 1. TITLE, PURPOSE, AND BRIEF DESCRIPTION OF EVENT: 2008 "Fete des Lacs" New Application: x Renewal of or Change in Application: CONTACT PERSON: Greg Kieselhorst TELEPHONE: 651-653-1833 OR 612-221-9122 2. IDENTIFYING INFORMATION: Attach a written communication from the organization(s) in whose name the event will be advertised which authorizes you, the applicant, to apply for this special event permit on its/their behalf. Applicant's Name: _Greg Kieselhorst Address: 7155 Brian Drive Centerville. MN 55038 Mailing Address: Same Affiliation: Centerville Lions Club Day Phone: _612-221-9122 Evening Phone: Emergency Phone: 612-221-9141 Title: Secretary 651-653-1833 3. EVENT PRINCIPALS: Following, please list the names, addresses and telephone numbers of all the principals involved in any of the proposed special event. Include professional event organizers, event promoters, financial underwriters, commercial sponsors, charitable agencies for whose benefit the event is being produced, the organization(s) in whose name the event is being advertised, and all others administratively, fmancially and organizationally involved as principals in the production of the proposed special event. Make additional copies ofthe following as needed to include as of the principals involved in the proposed special event. Name: Centerville Lions Club Organization/Business/ Agency/Affiliation: Lions International Is this a non-profit organization? X Yes No If you are making application under non-profit status, Droofofnon-profit status must be attached to this application Non-Profit status should be on file, otherwise it will be provided. Mailing Address: Same Day Phone: _Same Evening Phone: Same Title and functional responsibility with regard to the event: Lions Secretary, as part of said duties permit applications and insurance add-ons etc. Page 1 of 10 4. REQUESTED EVENT COMPONENTS: Date requested: _August 1 st to August 3rd and August 9th 2008_ Requested hours of operation: _ 8am (a.m.lp.m.) To: _12am Set up beginning date and time: Julv 29th 2008 Complete dismantle date and time: August 5th and August 10th 2008 Describe the number and type of animals (if any) to be used in this event: Alternate date: None_ (a.m.lp.m.) None Attach a draft of the entry fonn for participants and/or spectators. Anticipated number of participants: _100_ Spectators: _2,000+_ 5. INSURANCE: Received and forwarded from Hilb, Rogel & Hobbs. Attach to this application either an insurance policy or a certificate of insurance including the policy number, amount, and the provisions that the City of Centerville is included as an additional insured. (Please note that insurance requirements depend upon the risk level of the event. Also, if your event can be classified as first amendment expressive activity, insurance requirements can be waived under certain circumstances.) 6. SANITATION: Please see note after a deposit of$500. Attach your "Plan for clean-up/Material Preservation". Include number, type and location of trash containers to be provided for the event. Indicate who and how man will be responsible for emptying and cleaning up around containers during the event. Indicate who and how many will be responsible for cleaning up after animals if they are present during the event. Indicate who and how many will be responsible for cleaning up after the event. Describe the number, type and location of portable toilets to be provided for the event (or permanent toilets to be used in the event.) Include any other plan you have for ensuring post-event cleanliness and material preservation of city facilities, equipment, premises and streets. A deposit of $500 will be required for clean-up and restoration. If premises are left in satisfactorv condition. this deposit will be refunded in Cull CoIlowinl! inspection. Waste Management is donating trash containers to be used by participants. The Lions Club will clean up any left garbage. Please waive deposit, a good standing letter can be provided from Mainstreet Bank in needed. 7. LOCATION: Laurie LaMotte Park in Centerville Please attach a map of your event land design. Check off below items that apply to your event and indicate them on the attached map. Use, where necessary, a "to scale" drawing. A. _ If a route is involved, the beginning and finish area with arrows. B. _ If a route is involved, the places where buses, autos or other motorized vehicles need to be considered. C. _ If a route is involved, attach separate maps giving two or more alternate routes. D. _X_ Entertainment or stage locations (grandstand operators should provide you with a "to scale" drawing.) E. _X_Alcoholic beverage concession area. F. X Non-alcoholic concession area. G. X Food concession area. H. _X_General Merchandise concession areas. Page 2 of 10 1. _X_ Portable toilet facilities (indicate number). J. _X_Event participant and/or spectator parking areas. K. _X_ Event organizer's command post. L. X First aid facilities. M. _X_Fireworks or pyrotechnics site. N. _ Vehicle fuel handling sit. O. _X_ Cooking areas. P. _X_Electrical sources to be used for cooking. Q. _X_ tables, enclosures, etc. R. _ Temporary or permanent structures constructed for the event. S. _ Site of electrical wiring to be installed for the event. T. _X_ Trash receptacles (indicate number) U. Other - Please describe. 8. AVAILABILITY OF FOOD, BEVERAGES AND/OR ENTERTAINMENT: If there will be music, sound amplification or any other noise impact, please describe, including the intended hours of the music, sound or noise: Battle of the Teen Bands will be using amplified sound from 3pm to 6pm August 2nd. Live Music will be using amplified sound from 8pm to 11 :3Dpm August 1 st. Dance Lines. Demo will be performing and using amplified sound from Noon to 2pm August 2nd. Battle of the Boards will be using amplified sound from Ipm to 4pm August 2nd. The Festival Street Dance Band will be using amplified sound to provide dance music from 8pm to 12pm August 2nd. Raffle will be using amplified sound from 3pm to 4pm August 3rd. Will alcoholic beverages be served? Yes _X_ No PLEASE NOTE THAT SALES OF LIQUOR/ALCOHOL IS PROHIBITED IN CITY PARKS UNLESS THE EVENT IS A CITY CELEBRATION AND PRIOR APPROVAL AND APPROPRIATE LICENSES ARE OBTAINED BY CITY COUNCIL ACTION. If yes, describe what system will be used to ensure that alcoholic beverages will be consumed by persons 21 years and older: Upon inspection of a valid J.D.. a person will be given a wristband as proof of drinking age identification. If yes, describe how, where, when and by whom the alcoholic beverages will be served: Two (2) Beer Concession Trailers. one at the Softball Fields and one at the Hockev Rink. Softball Fields Aug. 1 st 5pm to 11 pm. Aug. 2nd 1 Dam to 6pm and Aug 3rd 1 Dam to 6pm. Hockey Rink Aug. 1 st 7pm to 11 :3Dpm. Aug. 2nd 7pm to 11 :3Dam and Aug. 5th 1 Dam to 6pm. Persons will be served by Centerville Lion Members or known volunteers 21 or older only at all times. If a casino party, a dance, or live entertainment is part of your event, please describe: Battle of the Teen Bands on August 2nd is made up of four to eight live bands. Street Dance on August 2nd is a live band "Phat Pearl". Live Music on Aug. 1 st is a live band "Rockhead". Page 3 of 10 Please describe all of the activities of your event for which a license is required, for example: a cabaret license, etc. Attach all required licenses to this application. Please note that certain licensine: may be reauired by City. County and State ae:encies. such as a Lare:e Assembly License for e:atherine:s over 1.000 people. some types of food handline: licensine:. Gambline: License. Cabaret License. etc. It is your responsibility to check with the City Clerk or local authorities to determine what licensine: is reauired prior to submittine: this application. Event Noise. Fireworks. 1-4 Day Temp. On Sale Liquor and prior City approved Raffle Pennit. Will food and/or non-alcoholic beverages be served? Yes _X_ No If yes, describe sanitation measures, food handling procedures and the nature of the food (such as pre-packaged foods, hot dogs, pre-mixed soda, unpeeled fruit, raw meats, vegetables, fish or peeled and cut fruit.) The Centerville Lions alwavs use the health guidelines laved down by the Anoka County Health Department. in handling. storing. transporting and cooking of foods and beverages. If yes. YOU will need a permit from the Anoka County Department of Environmental Health. Please attach a COpy of the permit to this application. It will be forwarded once applied for, approved and received. 9. SECURITY AND SAFETY PROCEDURES: Describe your proposed procedures for set up, operation, internal security and crowd control: As in the past, the Festival Committee plans on working with Centennial Lakes Police and Reserves to insure the whole Festival has the proper security and safety for all events. If the event is to occur at night, describe how you are going to light the event area in order to increase the safety of participants and spectators coming to and leaving the event: Alrighty installed LaMotte Park lighting. If your event includes vehicles or animals, describe the minimum and maximum speeds of the event and the minimum and maximum intervals of space to be maintained between units: N/ A Attach to this application a copy of your building pennit(s) if you are installing any electrical wiring on temporary or permanent basis and/or if you are building any temporary or pennanent structures such as bleachers, scaffolding, a grandstand, stages or platfonns. Page 4 of 10 Attach a copy of your fire department permit(s) to this application if you will use parade floats; an open flame; fireworks or pyrotechnics; vehicle fuel; cooking facilities; enclosures (and tables within those closures); tents, air supported structures, canopies, or fabric shelters. Give the name, address and phone numbers of the agency or agencies which will provide first aid staff and equipment if required. Attach additional sheets if necessary. Name of agency: Centennial Lake Police and Fire Departments. Name of Representative: Previous years, Sergeant Pat Aldrich Address: 200 Civic Heights Circle Circle Pines, MN 55014 Day phone: _763-784-2501 Evening phone: Indicate medical services (if required) that will be provided for this event: Ambulances: Nurses: Doctors: Paramedics: 10. VENDORS OR CONCESSIONAIRES: Describe what vendors/concessionaires you will allow in conjunction with the event, and the purpose of these concessions: All concessions will be run by the Centerville Lions, to help raise funds to pay for Festival events not covered by the City of Centerville. Describe how you intend to regulate, monitor and control the type, number and quality of vendors/concessionaires whom you may permit to operate in conjunction with the event: N/ A 11. CITY SERVICESIEQUIPMENT: Describe city services and/or equipment requested for this event: City barricades, cones, signs, picnic tables and other equipment which may be borrowed on an as-available basis. You should make advance arrangements to pick up and return this equipment. If you or any volunteers cannot pick up and return this equipment, please attach a letter requesting these services and explaining why your organization cannot perform them. This will be reviewed, then approved or denied by the public works foreman. Street barricades. cones and all LaMotte Park facilities. 12. OTHER PERTINENT INFORMATION: Please list below any other miscellaneous information you feel would be important and have a bearing on the approval of this Special Event Permit request: A earlier end time for dance music and concessions would lessen the time the Centerville Lions Club have in recouping events Page 5 of 10 costs. The Club wants to be flexible but there'd be points were the event sponsorship would be in jeopardy. 13. FEE STRUCTURE / EVENT CHARGES: If there is a fee or donation required as a condition of attendance or participation of this event, please describe the amounts to be collected from various categories of participants or spectators: A Limited Festival Treasure Hunt and Street Dance Button purchase fee of $6. Buttons if sold out before events take play make the events $10 each. Optional Fundraising Raffle for which tickets are $5 a ticket. 14. If a donation is requested on a purely voluntary basis, describe how you intend to inform participants/spectators or others that they may participate in the event whether they make a donation or not: N/ A Centerville Special Event Permit NAME AND TYPE OF EVENT: DA Y, DATE AND TIME: 1. PARKS AND RECREATION DEPARTMENT FINAL APPROV AL AND SIGN OFF Signature Title Date: Please check or use N/ A (not applicable) where appropriate: 1. _ Final check has been made of application requirements. 2. _ Event is approved by City Council. 3. _ All required permits are issued and on file. 4. _ Refundable clean up fee has been paid. 5. Insurance Certificate is on file with City Clerk 6. Surety Bond is on file to secure payment for applicant's obligation to the City. 7. _ Application is complete. 8. _ Special conditions are attached. REVOCATION: Upon mutual consent, the City Council may revoke a special event permit if the conditions set fourth in the permit application are not being followed. Page 6 of 10 Pennit is hereby revoked: Signature Title Date: Reason(s) for revocation: TO BE REVIEWED/APPROVED AND SIGNED BY AFFECTED CITY DEPARTMENT HEADS 2. PARKS AND RECREATION DEPARTMENT Special Events Coordinator: Date: Initial/sign-off: 3. POLICE DEPARTMENT Approved by: Signature Title Date: 1. _ Emergency vehicle access. 2. _ Traffic/safety street closures. 3. _ Appropriate barricades. (# Required) 4. _ Police personnel required/available. 5. _ Portable toilet facilities. (# Required) 6. First aid facilities. 7. _ Internal security and crowd control. 8. _ nighttime lighting. 9. _ Other provisions as may be required by this department. 4. LICENSING AND INSURANCE Page 7 of 10 Approved by: Signature Title Date: 1. Dance and/or live entertainment. List types or permits or licenses required: 2. _ Alcoholic beverages. 3. Peddlers. 4. Noise abatement. S. _ Other provisions as may be required: INSURANCE: Your insurance coverage must be reviewed and approved by the City's insurance carrier. 1. _ Public liability insurance naming City of Centerville and other public agencies additionally insured is required. 2. Hold harmless forms executed and failed. 3. _ List and approve/disapprove other insurance coverage as may be required. 5. FIRE DEPARTMENT Approved by: Signature Title Date: 1. _ Emergency vehicle access. 2. _ Use of fireworks, pyrotechnics, vehicle fuel, open flame. 3. _ Cooking facilities. 4. _ Occupancy and spacing of tables, enclosures. S. Parade, floats. 6. _ Tents, air supported structures, canopies. 7. _ Other provisions as my be required by this department: 6. BUILDING DEPARTMENT Approved by: Signature Title Date: Page 8 of 10 Electrical: 1. _ Plan check/inspection of any wiring installed on a temporary or permit basis. 2. _ Permit(s) attached. Structural Plan: 1. _ Plan check/inspection of any temporary or permanent structures, including bleachers, scaffolding, grandstand, reviewing stands, stages, or platforms. 2. _ Permit(s) attached. 3. _ Other provisions as may be required by this department: 7. PARKS AND RECREATION DEPARTMENT Approved by: Signature Title Date: 1. ~ Park permit(s) required. (to be attached) 2. _ Ballfield Usage Permit. 3. _ Beach permit required. (to be attached) 4. _ Trash containers required. (# ) 5. _ Portable toilets required. (# ) 6. _ Applicant's plan for cleanup, site restoration and material preservation (recycling) required and attached. 7. _ Other provisions as may be required by this department: 8. PUBLIC WORKS DEPARTMENT Approved by: Signature Title Date: 1. Trash containers required. (# ) 2. _ Portable toilets required. (# ) 3. _ Special animal clean up required. 4. _ Barricades provided, as available. (# ) Page 9 of 10 5. _ Cones provided, as available. (# ) 6. _ No parking signs provided, as available. (# ) 7. _ Applicant's plan for clean up and material preservation (recycling) required and attached. 8. _ Other provisions as may be required by this department: 9. STATE, COUNTY AND CITY HEALTH DEPARTMENT Approved by: Signature Title Date: 1. _ Food and/or beverage served. 2. Permit(s) attached. 3. Food cooked. 4. _ Permit(s) attached. 5. _ List other health licensing obligations as may be require: Page 10 of 10 ............, A~RD. CERTIFICATE OF LIABILITY INSURANCE I DATE (MMlDDIYYYY) 05/19/2008 PRODUCER THIS CERTIFICATION IS ISSUED AS A MATTER OF INFORMATION HRH ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 333 E. Butterfield Road, 5th Floor HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Lombard,IL 60148 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, Phone (800)316-6705 Fax: (630) 324-2779 INSURERS AFFORDING COVERAGE NAtC# INSURED INSURER A: ACE American Insurance Company 22667 CENTERVILLE LIONS CLUB INSURER B: MINNESOTA INSURER C: INSURER 0: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ~:: =1 TYPE OF INSURANCE POLICY NUMBER P~{i~:r~&Wf ~I~rl:h~~ LIMITS GENERAL LIABIlITY HDOG21745662 & 09/0112007 09/0112008 EACH OCCURRENCE $ 1,000,000 A X ~~~~~J9~~~nce) 1,000,000 COMMERCIAL GENERAL LIABILITY CSZ0302505 $ I CLAIMS MADE [8] OCCUR MED EXP IAny one person) $ 1,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 - 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ I POLICY -n ~~& n LOC $ AUTOMOBILE LIABILITY HDOG21745662 & 09/0112007 09/01/2008 COMBINED SINGLE LIMIT INCLUDED A - $ ANY AUTO CSZ0302505 (Ea accident) - ALL OWNED AUTOS BODILY INJURY IN ABOVE - $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY - $ ~ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ==i ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ =:J OCCUR D CLAIMS MADE AGGREGATE $ $ ==i DEDUCTIBLE $ RETENTION $ $ I_ WC STATU.; I 10TH WORKERS COMPENSATION AND TORY LIMITS ER EMPLOYERS' LIABILITY EL EACH ACCIDENT $ ANY PROPRIETORIPARTNERlEXECUTIVE OFFICER/MEMBER EXCLUDED? EL DISEASE. EA EMPLOYEE $ W yes, desClibe under EL DISEASE. POLICY LIMIT $ SPECIAL PROVISIONS beloW OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Provisions of the mli~ :trX to the named insured'StartiC~tion in the following activity dUrin\L the policy period shown above: 2008 CENTERVILLE FETE DES LACS 7.31 TO 8.3 AND 8.9, 2008 AT LAURIE LAM TT ORIAL PARK AND LAK PEL IER BOAT LAUNCH IN CENTERV LE CITY OF CENTERVILLE AND ANOKA COUNTY SHERIFFS OFFICE is included as an Addnionallnsured(s), but only wnh respect to General Liability arising out of the use of premises by the Insured shown above and not out of the sole neWiience of said addnional insured. PROVISIONS OF THE POLICY DO NO PPL Y TO THE SALE OR SERVING OF ALCOHOLIC BEVERAGES CERTIFICATE HOLDER CITY F ENTERVILLE, 1880 MAIN T., ENTERVILLE MN 55038 ANOKA COUNTY SHERIFFS OFFICE, 325 E. MAIN ST" ANOKA, MN 55303-2489 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 SO SHALL IMPOSE NO OBUGATlON OR LIABILITY OF ANY KIND UPON THE INSURER, rrs AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25 (2001/08) @ACORDCORPORATION 1988 To: The City Councils of Centerville, Circle Pines and Lino Lakes From City Administrators: Jim Keineth, Circle Pines Dallas Larson, Centerville Gordon Heitke, Lino Lakes As you all know, Milo Bennett will be retiring as fire chief at the end of August. The administrators are pleased to report that a long and methodical process of identifying and selecting a new fire chief has been completed. The process of finding a replacement began in January, 2008, as the Fire Steering Committee identified goals and priorities to guide the process, including a directive to bring three fmalists to them for consideration. After a nationwide solicitation, 31 applications were received. Those applications were scored and eleven preliminary interviews were conducted to reach three finalists. The three finalists were sent through an arduous management analysis conduced by an independent firm who predicted that all three would be successful in the position. The Steering Committee interviewed the three finalists and made a selection. That candidate underwent a detailed background check and the administrators negotiated terms and conditions for employment which have been accepted by the candidate. On May 21, 2001, the Steering Committee met and approved a recommendation to the City Councils that Jerry Streich be employed in the position of Fire Chief, beginning August 1,2008. Jerry lives in Anoka and comes with substantial experience as Fire Marshall and Assistant chief with the city of Ramsey and almost twenty years experience in the fire service. The Joint Powers Agreement between the three cities requires that the city councils must approve the selection of fire chief. We ask that the recommendation of the Steering Committee be ratified by City Council action approving that Jerry Streich be employed as fire chief beginning August 1,2008. tervi{{e '.Estafjfis/ied- 1857 1880 ~ain Street, Centerviffe, !M.:N 55038 651-429-3232 or 'F1lJ(651-429-8629 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE RESOLUTION #08-0 A RESOLUTION AUTHORIZING THE APPOINTMENT OF MR. JERRY STREICH AS CENTENNIAL FIRE DISTRICT'S FIRE CmEF BE IT RESOLVED that the City of Centerville approves the recommendation of the Fire Steering Committee to appoint Jerry Streich as Fire Chief for the Centennial Fire District effective August 1, 2008. Adopted this 28th day of May, 2008. - Mary Capra, Mayor Attest: Teresa Bender, City Clerk .. CHAPTER 31: DEPARTMENTS, BOARDS, COMMISSIONS AND COMMITTEES Section 31.01 31.02 Establishment of Planning and Zoning CommissioJlll~<! ~~r~~ ~<! ~~cr~at!o_n_ (:()IIlrn!t!e_e _ _ _ - -1 ~Ieted: , Economic Development Bylaws for committees omnuttee ~ 31.01 ESTABLISHMENT OF PLANNING AND ZONING COMMISSION,.AND PARKS _ - -1 Deleted: ,ECONOMIC AND RECREATION COMMITTEE. - - - - - - - - - - - - - - - DEVELOPMENTCOMMlTfEE (A) This section establishes a City Planning and Zoning CommissioIl,._an{f _a_ Par~s_ ~~d_ ~~c!~l!.ti'<>!l_ _ _ - Committee. The purpose of these Committees is advisory and they may make recommendations to the City Council for consideration regarding matters relating to this Committee. (B) For the purpose of this chapter, the terms Commission and Committee are used interchangeably. Policy refers to Commissioners and Committee Members alike. (Ord. 72, passed 12-19-2002. amended ##/##/####) ~ 31.02 BYLAWS FOR COMMITTEES. (A) Authority. The Committee has the authority to conduct investigations and to make recommendations; however, it may not make decisions on behalf of the Council. Committees are subject to the same rules as the City Council under the open meeting laws. The Council's final decision, however, and not the Committee's recommendation, binds the city. The Committee may not enter into a contract, employ workers or authorize expenditures. (B) Eligibility. (1) Any resident of the city is eligible to apply as a Committee Member. This individual is welcome to serve on one committee at a time. 1.____________ __________ (C) Appointments. Deleted: , an Economic Development Committee for the purpose of promoting economic development - Deleted:.. (2) . Additionally, the Economic Development Committee (EDC) may recommend to COIUlcil the appointment of business owners or principals to the Committee who are not residents but own businesses within the city.~ " (1) Each member of the Committee will be appointed by the City Council via a letter of interest submitted to the City Administrator. This letter will be received by the City Administrator no later than November 1 of each year. This same action will take place if a vacancy should happen. On an annual basis, the City Administrator would ascertain those who desire to remain on the Committee. (2) Seven members shall be appointed to each City Committee. (D) Appointment of officers. At the first meeting of the year, the Committee will appoint by majority vote a Chair and a Vice-Chair. (E) Officers' duties. (1) (a) The Chairperson shall preserve order, enforce the rules of procedure herein prescribed and determined without debate, subject to the fmal decision of the Commission/Committee on appeal, all questions of procedure and order. The Chairperson will also give leadership; sign reports; write correspondence to be signed by either the City Administrator or the Mayor; compile or assist in the preparation of the agenda as authorized by the Committee; and appoint task forces as authorized by the City Council. (b) The Vice-Chairperson shall support and assist the Chairperson; preside over the Committee meetings in the absence of the Chairperson; and fill the office of the Chairperson if a vacancy should arise. (2) Any Committee Member may appeal a decision of the Chair. To do this, a Committee Member states, "I appeal the decision of the Chair," immediately after the Chair announces the decision. Recognition from the Chair is not necessary when making an appeal. The appeal must be seconded, is debatable and cannot be amended. After the debate, the Committee votes on the Chair's decision. A majority of "yes" votes upholds the decision of the Chair and a majority of "no" votes overrule the decision. A tie vote sustains the ruling. The Chair may vote to uphold his or her own ruling. Ifno one appeals a ruling as soon as the Chair makes it, it becomes the rule of the Committee. (F) Meetings. (1) Regular meetings. Regular meetings of the Committee shall be held on the same day of each calendar month at the same time, set by the Committee and approved by the Council. Any regular meeting falling upon a holiday shall be rescheduled by the Committee for an alternative date, with enough time to be properly noticed to the public. The Administrator shall maintain a schedule of regular meetings. This schedule shall be available for public inspection during regular business hours at the Administrator's office. All meetings, including special emergency meetings, shall be held at City Hall unless otherwise specifically noticed. (2) Special meetings. Any three members of the Committee may call a special meeting of the Committee upon at least 72 hours' written notice to each member of the Committee and Administrator. This notice shall be delivered personally to each member, or left at the member's place of residence. Similar written notice shall be mailed at least three days prior to the meeting date to those who have requested notice of special meetings. This request must be in writing and filed with the Administrator, designating an official address where notice may be mailed. The request will be valid for one year. (3) Emergency meetings. (a) Any three members of the Committee may call an emergency meeting of the Committee when circumstances require the immediate consideration of the Committee. (b) Notice may be in writing personally delivered to Committee members or may be in the form of personal telephone communication. Notice must include the date, time, place and purpose of the meeting. Where practical, the Administrator shall make an effort to contact news-gathering organizations that have filed a request to receive notice of special meetings. (G) Public notice and open meeting. (I) Public notice. The Administrator must post written notice of the date, time, place and purpose of the meeting on the City Hall bulletin board. Notice of meetings must be posted at least three days before the date of the meeting. ( a) When the performance of an act is ordered within a fixed period of time, the time is computed as excluding the first day and including the last day of the prescribed or fixed time period, unless the last day falls on a Saturday, Sunday or legal holiday. For example, if a meeting is scheduled for a Thursday, notice has to be given on Monday to meet the three-day notice provision. In this scenario, Tuesday is day one, Wednesday is day two and Thursday is day three. Monday is not included in the time computation. Similarly, if a special meeting is planned for Monday, notice must be given on Friday; Saturday and Sunday are included in the time computation since they are not the last day of the fixed period. (b) If the Committee meets where a quorum is in attendance, the city must make public notice. (2) Open meeting law. Under the Minnesota Open Meeting Law, all city committee meetings must be open to the public. (a) The open meeting law serves three vital purposes: I. To prohibit actions from being taken at a secret meeting where the interested public cannot be fully informed of the decisions of public bodies or detect improper influences; 2. To ensure the public's right to be informed; and 3. To give the public an opportunity to present its views. (b) The law prohibits the use of telephone conversations, e-mail or letters in a decision- making process among a quorum of members designed to avoid an open meeting. (c) Any person who intentionally violates the open meeting law is subject to personal liability in the form of a civil penalty. The public body may not pay the penalty. (H) Minutes. The Committee must keep a full and accurate record of its actions at every Committee meeting. The Administrator records the Committee proceedings in a minute book. In the absence of the city staff member to take the minutes, the Committee should delegate the duty of taking minutes for that meeting. (1) The minutes should be written in language and in terms the average citizen understands. (2) If the Committee fmds a mistake in the minutes of the previous meeting, the minutes will be corrected during the current meeting and reflected in the minutes. (3) Once the Committee has formally approved the minutes of any meeting, the minutes should not be changed under any circumstances. (4) Minutes are official papers of the city. Minute books are public records, shall be kept on file with the Administrator and must be available for public view at any reasonable time. (5) The following information should be included in the minutes: (a) The time and place of the meeting; (b) The members present; (c) A summary of all decisions made by the Committee, including a copy of each motion exactly as stated, whether or not the motion had a second and, if the motion was seconded, whether or not the Committee adopted it, and the names of the people who made and seconded the motion; and (d) The names of the Committee Member who voted either for or against each motion. (I) Order of business. Each meeting of the Committee shall convene at the time and place appointed. (1) Committee business shall be conducted in the following order: (a) Call to order; (b) Approval of agenda; (c) Awards/presentations/appearances; (d) Public hearings; (e) Committee business; (f) Consent agenda; (g) Approval of Committee minutes; (h) Announcements/updates; and (i) Adjournment. (2) The order of business may be varied by the presiding officer, but all public hearings shall be held at the time specified in the notice of the hearing. (3) The Chairperson/staff liaison shall prepare an agenda of business for each regular Committee meeting and file a copy in the office of the Administrator. The agenda shall be prepared in accordance with the order of business and copies shall be delivered to each Committee member and to others as far in advance ofthe meeting as time for preparation will permit. No item of business shall be considered unless it appears on the agenda for the meeting or is approved for addition to the agenda by majority vote of the Committee present. (4) (a) The Chairperson/staff liaison shall see that at least one copy of printed materials relating to agenda items is available to the public in the meeting room while the Committee considers the subject matter. (b) The agenda item shall not be considered unless this provision is complied with. (c) This section does not apply to those materials that are classified as other than public under the Minnesota Data Practices Act or materials from closed meetings. (1) Motions. (1) Generally. The Committee transacts business through motions made by Committee Members. These motions are seconded, and subsequently passed or rejected by Committee vote. (a) The Committee Member states his or her motion (usually in the following form: "I move. . . [text of the motion]"). The Committee Member making a motion does not need to favor it or vote for it. The Committee Member may wish to put the issue before the Committee so a decision can be made. (b) Another Committee Member then seconds the motion by saying: "I second the motion." (c) The Chair recognizes the motion and opens the pending motion to discussion. The presiding officer calls for the vote at the end of the discussions and announces the result of the vote. (2) Motion to reconsider. This motion enables a Committee to set aside a vote it previously took, and to reconsider the matter as though it had not voted on the issue. Only a person who originally voted on the prevailing side may move to reconsider. Make the motion by saying, "I move to reconsider. . . [stating the motion to be reconsidered]." The Committee may debate the motion. If the Committee passes the motion to reconsider, it must then reconsider the original motion and take another vote. Ifthe Committee defeats a motion to reconsider, no further action is necessary. (3) Motion to postpone indefinitely. There is an important difference between the motion to postpone indefinitely and the motion to postpone temporarily. The motion to postpone temporarily is more commonly called a motion to "lay on the table" or "to table." The motion to postpone postpones consideration of the motion until some undetermined, future time. The Committee may consider a tabled motion whenever a majority of the members decide to do so. A motion to postpone indefinitely, however, is the equivalent to a negative vote on the main motion. Thus, the issue can be raised again only by a motion made by someone on the prevailing side of the vote since, unless someone changes his or her mind, the motion to postpone will once again prevail. (4) Motion to limit debate. A Committee may limit debate by placing a time limit on debate, such as a limit of three minutes to consider a particular motion; or limiting the number of people who may speak for and against a certain motion, such as a limit of three speakers in favor and three speakers opposed. (5) Motion to amend. Committee Members may offer amendments to a main motion at any time. In addition, it is possible to amend an amendment currently under consideration. Beyond this, Committee Members can offer no further amendments. When a member has made a motion to amend, the vote on the amendment must precede the vote on the original motion. After the Committee has accepted or rejected the amendment, another vote on the original motion is necessary. (6) Motion to substitute. This is a motion to replace one motion with another on the same subject. A Committee Member may move to substitute a main motion or an amendment to a main motion. One form for making a substitute motion is to say, "I wish to introduce the following substitute motion . . . [present the substitute motion]." When a substitute motion is before the Committee, the Committee must decide which of the two motions, the original motion or the substitute motion, to consider. The Committee must vote on the question. A "yes" vote favors considering the substitute motion. A "no" vote favors considering the original motion. The Committee must then discuss and vote on the selected motion. (K) Quorum. At all Committee meetings, a majority of the appointed members shall constitute a quorum for the transaction of business, but a smaller number may adjourn from time to time. (L) Voting. The votes of the members on any questions may be taken in any manner which signifies the intention of the individual members, and the votes of the members on any action taken shall be recorded in the minutes. Any member that is present but does not vote, the minutes as to that member's name shall be recorded as an abstention. (M) Council liaison. The Committee may request from the Council a liaison to attend their meetings. Council may elect to appoint a Council Liaison to the Committee. The liaison will act as a communicator to and from the Council/Committee. (N) Removal from Committee participation. Any member of the Committee may remove himself or herself from participation in the Committee by a letter of resignation being submitted to the City Administrator. Any member of the Committee may be removed by Council. (0) Attendance. Any member who fails to attend three consecutive or four meetings in one year will be removed by the City Council. (P) Compensation. All Committee Members shall serve without compensation unless a stipend has been set by Council for meeting attendance and at the Council's pleasure. (Q) Budget. On or before the end of July, the Committee shall submit to Council a budget request for anticipated expenditures for the upcoming year. (R) Expenditures. (1) The Committee is not allowed to expend funds, order any items or contract with vendors for services. (2) All requests will be forwarded to the City Administrator for Council approval and subsequent ordering by city staff. The Finance Director will submit to the Committee a report setting forth in detail a complete report of all expenditures incurred during the year. (8) Referral and reports. Any matter brought before the Committee for consideration will be acted on promptly and forwarded to Council for consideration. (T) Ethics Policy. Committee members shall be subject to the City ofCenterville Ethics Policy. (U) Incompatible offices. If a Committee Member receives a certificate of election to the City Council or Mayor's office, the individual is considered to have resigned from the Committee. (V) Amendment of rules. The city reserves the right to change the provisions of these bylaws from time to time without notice. (Ord. 72, passed 12-19-2002) CHAPTER 51: MUNICIPAL AND PUBLIC UTILITIES Section 51.01 Definitions 51.02 Fixing rates and charges for municipal utilities 51.03 Fixing rates and charges for public utilities 51.04 Contractual contents 51.05 Rules and regulations relating to municipal utilities 51.06 Connection or tapping prohibited; delinquent assessments or charges 51.07 Connection charges 51.08 Mandatory connection to public systems 51.09 Rules and regulations relating to water service 51.10 Rules and regulations relating to sewerage service 51.11 Rules and regulations relating to stormwater drainage utility ~ 51.01 DEFINITIONS. For the purpose ofthis chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. COMPANY, GRANTEE and FRANCHISEE. Any public utility system to which a franchise has been granted by the city. CONSUMER and CUSTOMER. Any user of a utility. METER. A device that records gallons of water used and including remote reading devices associated thereto. MUNICIPAL UTILITY. Any city-owned utility system, including, but not by way oflimitation, water, sewerage, stormwater drainage and refuse service. PLUMBER. A plumber licensed by the State of Minnesota. SERVICE. Providing a particular utility to a customer or consumer. UTILITY. All utility services, whether the same be public city-owned facilities or furnished by public utility companies. ~ 51.02 FIXING RATES AND CHARGES FOR MUNICIPAL UTILITIES. All rates and charges for municipal utilities, including, but not by way of limitation, rates for service, permit fees, connection and meter testing and reading fees and deposits, disconnection fees, reconnection fees including penalties for non-payment if any, shall be fixed, determined and amended by the Council and adopted by resolution. The resolution, containing the effective date thereof, shall be kept on file and open to inspection in the office of the Administrator and shall be uniformly enforced. ~ 51.03 FIXING RATES AND CHARGES FOR PUBLIC UTILITIES. (A) All rates and charges for public utility franchisees, not regulated by an agency of the state, shall be fixed and determined by the Council and adopted by ordinance. Upon adoption, the rates and charges shall become provisions of this chapter. (B) Public utility company rates and charges may be fixed and determined by the respective franchisees in compliance with this section, as follows. (1) No rate or charge involving an increase thereof shall become effective until approved by the Council. To request the increase, the franchisee shall prepare its written petition setting forth the then current and proposed rates and charges, the effective date ofthe proposed increases (which may not be within 90 days of filing the petition) and the reason or reasons necessitating the proposed increase or increases. The petition shall be filed with the Council by serving the same on the Administrator in person or by certified mail, return receipt requested. (2) Within 30 days ofthe filing, the Council shall adopt a resolution and serve the same upon the resident superintendent of the franchisee in like manner as the petition may be served either approving the proposed increases or ordering a hearing thereon to be held within 60 days thereof. If no such action is taken by the Council, the increase or increases shall take effect on the date stated in the franchisee's petition as though approved by the Council. (3) Prior to the hearing date, the franchisee shall, without delay, comply with the city's reasonable requests for examination and copying of all books, records, documents and other information, relating to the subject matter of the petition. Should the franchisee unreasonably delay, fail or refuse the requests, the same shall be grounds for a continuance ofthe hearing date. (4) (a) Notice of hearing shall be in the form and manner stated in the resolution. (b) At the hearing, all persons wishing to be heard thereon shall be afforded a reasonable opportunity . (c) Findings and a decision shall be made by the Council within 15 days after the hearing and served upon the franchisee. ~ 51.04 CONTRACTUAL CONTENTS. Provisions of this chapter relating to municipal utilities shall constitute portions of the contract between the city and all consumers of municipal utility services, and every such consumer shall be deemed to assent to the same. All contracts between franchisees and consumers of utility services other than municipal shall be in strict accord with the provisions of this chapter. ~ 51.05 RULES AND REGULATIONS RELATING TO MUNICIPAL UTILITIES. (A) Billing, payment and delinquency. All municipal utilities shall be billed on a frequency as prescribed by Council resolution and a utility statement or statements sent to each consumer. All utilities charges shall be delinquent if they are unpaid within 30 days of the date of billing. Interest, penalties and an administrative charge on delinquent accounts shall be established by Council resolution as specified in the annual fee schedule. The city shall endeavor to collect delinquent accounts promptly. Delinquent accounts may be submitted at any time for collection of the delinquent amounts against the respective properties served. The roll shall be delivered periodically to the Council for certification to the County Auditor for collection along with taxes. The action shall be discretionary and may be in lieu of or in addition to any other action to collect delinquent accounts. (B) Application, connection and sale of service. Application for municipal utility services shall be made upon forms supplied by the city, and strictly in accordance therewith. No connection shall be made until consent has been received from the city to make the same. All municipal utilities shall be sold and delivered to consumers under the then applicable rate applied to the amount of the utilities taken as metered or ascertained in connection with the rates. (C) Discontinuance of service. All municipal utilities may be shut off or discontinued whenever it is found that: (1) The owner or occupant of the premises served, or any person working on any connection with the municipal utility systems, has violated any requirement of the city code relative thereto, or any connection therewith; (2) Any charge for a municipal utility service, or any other financial obligation imposed on the present owner or occupant of the premises served, is unpaid after due notice thereof; or (3) There is fraud or misrepresentation by the owner or occupant in connection with any application for service or delivery or charges therefor. (D) Ownership of municipal utilities. Ownership of all municipal utilities, plants, lines, extensions and appurtenances thereto shall be and remain in the city and no person shall own any part or portion thereof. Provided, however, that private facilities and appurtenances constructed on private property are not intended to be included in municipal ownership. (E) Right of entry. The city has the right to enter in and upon private property, including buildings and dwelling houses, in or upon which is installed a municipal utility, or connection therewith, at all times reasonable under the circumstances, for the purpose of reading utility meters, for the purpose of inspection and repair of meters or a utility system, or any part thereof, and for the purpose of connecting and disconnecting service. (F) Multiple connections. Except for multiple unit buildings, every structure served by municipal services shall have an individual service between the building and the municipal main line. (G) Licensed installer and standards. Every connection made to the municipal water or sewer system and service lines to the building shall be made by or under the direct supervision of a plumber or a service line installer licensed by the city or the State of Minnesota. Service lines shall conform to the requirements of the Minnesota Plumbing Code. (H) Meter test. (1) Whenever a consumer shall request the city to test any utility meter in use by him or her, the request shall be accompanied by a cash deposit, as established by Council resolution, for each meter to be tested. (2) If any such meter is found to be inaccurate by an amount exceeding five percent, the same shall be replaced with an accurate meter and the deposit thereon refunded. The billing of the account will be adjusted to compensate for the inaccuracy and will be adjusted backwards no more than one billing period. If the meter shall be found to be accurate in its recordings or calculations, it shall be reinstalled and the deposit shall be retained by the city to defray the cost of the test. (Ord. 45, passed 2-25-1987) (I) Unlawful acts. (1) It is unlawful for any person to willfully or carelessly break, injure, mar, deface, disturb or in any way interfere with any buildings, attachments, machinery, apparatus, equipment, fixture or appurtenance of any municipal utility or municipal utility system, or commit any act tending to obstruct or impair the use of any municipal utility. (2) It is unlawful for any person to make any connection with, opening into, use or alter in any way any municipal utility system without first having applied for and received written permission to do so from the city. (3) It is unlawful for any person to turn on or connect a utility when the same has been turned off or disconnected by the city for non-payment of a bill, or for any other reason, without first having obtained a permit to do so from the city. (4) It is unlawful for any person to "jumper" or by any means or device fully or partially circumvent a municipal utility meter, or to knowingly use or consume unmetered utilities or use the services of any utility system, the use of which the proper billing authorities have no knowledge. (5) No person shall make any connection of an electrical welder to the city water main, appurtenance or service or use an electric welder for the purpose of thawing frozen water mains, appurtenances or services. (J) Municipal utility services and charges a lien. (I) Payment for all municipal utility service and charges shall be the primary responsibility of the fee owner of the premises served and shall be billed to the owner unless otherwise contracted for and authorized in writing by the fee owner and any other person (such as a tenant, contract purchaser, manager and the like), as agent for the fee owner, and consented to by the City ofCenterville, Minnesota. If the utility service and charges are for a single metered multi-unit rental residential building, the owner of the building shall be the customer of record and this responsibility shall not be waived by contract or otherwise. The city may collect the same in a civil action or, in the alternative and at the option of the city, as otherwise provided in this chapter. (2) Each such account is hereby made a lien upon the premises served. Delinquent accounts may be submitted at any time for collection of the delinquent amounts against the respective properties served as set forth in division (J)(I) above. (K) Damage to municipal utility equipment. It is unlawful for any person to intentionally cause any damage to any municipal utility equipment or appurtenance, including, but not limited to, meters, street lights, water hydrants and curb cocks. Anyone intentionally causing the damage shall pay the reasonable value thereof to the city, including labor for renewal and installation of any equipment and shall be, in effect, an insurer of any equipment in his or her possession or with which he or she comes in contact. (L) Municipal utility service outside the city. Service to any other municipality may be considered by the City Council. Where it is determined that it is feasible and in the interest of the city, service will be provided only after a legal contract has been agreed to and executed by the adjoining municipality. (M) Water meters. (1) Charges. A charge shall be made to property owners or account holders of residential, commercial, industrial or institutional structures for all new meters. Payment for meters shall be made in advance before delivery for installation. The charge will be the actual cost to the city of supplying the meter plus any applicable taxes and reasonable administrative expenses. (2) Maintenance and repair. The city shall maintain and repair all meters of three-fourths inch size and smaller, when rendered unserviceable through ordinary wear and tear. However, when replacement, repair or adjustment of any meter is rendered necessary by the act, neglect or carelessness of the owner or occupant of any premises, any expense caused the city thereby shall be charged against and collected from the owner or occupant of the premises. Water service may be discontinued until the cause is corrected and the charge collected. Maintenance, repair and replacement of meters larger than three-fourths inch shall be provided by the city but the costs thereof billed to the property owner. (3) City property. All water meters are and shall remain the property ofthe city, and may be replaced or changed by the city whenever deemed necessary. (4) Meter installation. Meters shall be installed in conformance with city policies and guidelines. . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ --{ Deleted: Penally, see ~ 10.99 (Amended ##/##/200#) . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - --{ Deleted: ~ ~ 51.06 CONNECTION OR TAPPING PROHIBITED; DELINQUENT ASSESSMENTS OR CHARGES. (A) No permit shall be granted to tap or connect with sewer or water mains when any assessment or connection charge for the sewer or water main against the property to be connected is in default or delinquent. (B) If the assessment or connection charges are payable in installments, no permit shall be granted unless all installments then due and payable have been paid. ~ 51.07 CONNECTION CHARGES. (A) No permit shall be issued to tap or connect with any municipal utility either directly or indirectly from any lot or tract of land unless the City Administrator shall have certified: (1) That the lot or tract of land, or portion of the lot or tract, to be served by the connection has been assessed for the cost of construction of the municipal utility facility with which the connection is made; or (2) If no assessment has been levied for the construction cost, that proceedings for levying the assessment have been or will be commenced in due course. (B) Unless covered by division (A) above, the applicant shall pay a connection fee equal to the proportionate cost of construction of the municipal utility facility and necessary street repairs. The cost is to be determined by the city using the same formulas as were used or assessments previously levied against other property for the municipal utility facility and shall include equivalency charges as required to arrive at the present day worth of the municipal utility service. This equivalency charge shall be equal to simple interest calculated from the project assessment date to the service connection date at the rate of interest at which the bonds sold to finance the project were issued minus a depreciation factor of three percent per year. If no such assessment has been levied, the cost shall be determined by the Council, and in determining the cost the Council shall take into consideration the front footage, shape and area of the lot or tract of land with which the connection is made. Upon written request of the owner of the lot or tract of land, showing good cause, the Council may provide that the connection charge be specially assessed as a lien against the lot or tract of land payable in semi-annual installments for a term of years at an interest rate as the City Council shall determine. Unless deferred payment is so authorized, all connection charges shall be payable in full prior to the issuance of a building permit for new construction on the lot or tract of land. (C) No permit shall be issued for any connection, repair, enlargement or alteration to the sewer system until a determination has been made by the city of the service availability charge (SAC), to be imposed by the Metropolitan Waste Control Commission, and the applicant has paid to the city the full amount of any service availability charge that may be applicable. (Ord. 30, passed 5-11-1977) ~ 51.08 MANDATORY CONNECTION TO PUBLIC SYSTEMS. (A) It is unlawful for any person to install a private water system which is intended to provide water for human consumption or a private sewer system in the city except in cases where the public water or sewer systems are not accessible to the premises where the private systems are requested. To determine whether or not the public water and/or sewer systems are available for connection, each person or corporation desiring to install a private water or sewer system must first make application for connection to a public system. Upon determination by the city that it is not feasible to connect the applicant's premises to the public water or sewer system, then the applicant shall be granted a permit to install a private water and/or sewer system in accordance with all appropriate state and local regulations and subject to an agreement with the city recognizing the temporary nature of the private system. (B) Not withstanding the other provisions of this chapter. lll"op~Ity ~~ty.e<i J>y _a. Pri"a.t€: .'\'a!e! _ o! _ j _ - private sewer system shall immediately .,c9IlIle_c! !~ P\l~lic_ ~~V\'e! ..QrJ)u.b!i<:: _V\'aJ€:r whenever ~J>!.iYllt~ _ _- sewer or private water system fails. falls into disrepair. 'pr _c!€:a!~s _a}lujsa!l<::€: ()r_ h.e_a!t~ !t~a!<i._ _ _ _ _ _ _ '-,- Deleted: P Deleted: promptly Deleted: and , , , , Deleted: if the (C) Within 12 months after the public sanitary sewer system or water system is extended to serve 'Deleted: does not function property after 1-1-2006, all property served by private water and sewer systems must connect to public sewer and water, or if it is available on the effective date of this section, not later than 12-31-2012. . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ t - --( Deleted: Penalty, see ~ 10.99 (Amended ##/##/200#) ~ 51.09 RULES AND REGULATIONS RELATING TO WATER SERVICE. (A) Deficiency of water and shutting offwater. The city is not liable for any deficiency or failure in the supply of water to customers whether occasioned by shutting the water off for the purpose of making repairs or connections or by any other cause whatever. In case of fire, or alarm of fire, water may be shut off to insure a supply for firefighting. In making repairs or construction of new works, water may be shut off at any time and kept off so long as may be necessary. (B) Repair of leaks. It is the responsibility of the consumer or owner to maintain the service pipe from and including the curb shut-off into the house or other building. In case of failure upon the part of any consumer or owner to repair any leak occurring in his or her service pipe within 24 hours after oral or written notice has been given the owner or occupant of the premises, the water may be shut off and will not be turned on until a reconnection charge has been paid and the water service has been repaired. When the waste of water is great or when damage is likely to result from the leak, the water will be turned off if the repair is not proceeded with immediately. (C) Abandoned services penalties. All service installations connected to the water system that have been abandoned or, for any reason, have become useless for further service shall be disconnected at the main. The owner of the premises, served by this service, shall pay the cost of the excavation. The city shall perform the actual disconnection and all pipe and appurtenances removed from the street right-of-way shall become the property of the city. When new buildings are erected on the site of old ones, and it is desired to increase the old water service, a new permit shall be taken out and the regular tapping charge shall be made as if this were a new service. It is unlawful for any person to cause or allow any service pipe to be hammered or squeezed together at the ends to stop the flow of water, or to save expense in improperly removing the pipe from the main. Also, the improper disposition thereof shall be corrected by the city and the cost incurred shall be borne by the person causing or allowing the work to be performed. (D) Service pipes. Every service pipe must be laid a minimum of seven feet deep and in such manner as to prevent rupture by settlement. The service pipe shall be placed below the surface and in all cases so arranged as to prevent rupture and stoppage by freezing. Frozen service pipes between the main and the building shall be the responsibility of the owner. Service pipes must extend from the curb stops to the inside of the building; or if not taken into a building then to the hydrant or other fixtures which they are intended to supply. A valve, the same size as the service pipe, shall be placed close to the inside wall of the building, ahead of the meter and well protected from freezing. Joints on copper tubing shall be flared and kept to a minimum. Not more than one joint shall be used for a service up to 70 feet in length. All joints shall be left uncovered until inspected. Minimum size connection with the water mains shall be one inch in diameter. Service line installations shall conform to the Minnesota Plumbing Code. (E) Private water supplies. No water pipe of the city water system shall be connected with any pump, well, pipe, tank or any device that is connected with any other source of water supply and when such are found, the city shall notify the owner or occupant to disconnect the same and, if not immediately done, the city water shall be turned off. Before any new connections to the city system are permitted, the city shall ascertain that no cross-connections will exist when the new connection is made. When a building is connected to city water, the private water supply may be used only for such purposes as the city may allow. If the well or well boring is not to be used, is not in use for a period of six-months or the well has failed,! 1t_ s_h!\ll_b~ _s~lll~<i ill ~c:cor<il!.nce ~i!h_ !h~ }"1~nn~so_tl! p_epllrtnl~llt_o( Health regulations. ( I) Except as otherwise provided by law, no person mav drill or bore a new or replacement well without first having obtained the appropriate well boring permit from the city. Work performed pursuant to a well boring permit shall be inspected. Well boring permits and inspections whether performed on public or private property shall be governed by the same requirements as excavation permits and inspections as set forth in Chapter 93 ofthis code. - COmment: Wells are regulated by Dept of Health Regulations. Centerville cannot realistically preempt these regulations (nn1ess we operate our own Board of Health.) See Minn. Regs. 1031. generally. (2) No well boring permit shall be issued until an inspection confirms that all other wells on the parcel are sealed in accordance with the Minnesota Department of Health regulations and/or that unsealed wells located on the parcel will be so sealed in coni unction with the boring of a new or replacement well. (3) New or replacement wells shall be tested for water quality and inspected to insure that no contamination or cross-contamination may be introduced into the city water system or public water supply. The quality of water discharged from a private well must meet the standards set by the Minnesota Department of Health. Water discharged from any private well which does not meet these standards must be sealed. (4) All private wells within the wellhead protection zone of a public well. as established by the wellhead protection plan adopted by the city. must be certified annuallv as meeting standards adopted by the Minnesota Department of Health for potable water and for proper maintenance and operation of a well. It is the responsibility of the fee owner of the parcel where a private well is located to file the well certification with the City no later that August l~t each year. Failure to file a well _ - -{ Formatted: Superscript certification by the deadline will be deemed as an indication that the well has been abandoned and it shall be sealed in accordance with the Minnesota Department of HeaIth regulations. (5) The city may seal any well which has not been in use for a period of six-months. has failed. or is in a condition which could contaminate the public water supply. The city shall first notify the fee owner of the parcel where the well is located that within thirty-days the well must be sealed and certification of the sealing: must be filed with the city. If the well has not been certified as sealed within thirty-days. or in the event of a public emergency. the city may enter the property. seal the well. and assess the parcel for the cost of sealing the well and any associated expenses incurred by the city. (i) Wells may only be sealed or tested by a licensed contractor or by the Minnesota. - - -{ Formatted: Bullets and Numbering Department of Health. (ii) It is deemed a public emergency in the event that a private well is suspected of. - - -{ Formatted: Bullets and Numbering] contaminating the public water supply. During: such an emergency the city may seal a well without notice to the owner of the parcel. (iii) The city may apply to a Court of competent iurisdiction for a warrant to ente... - - -{ Formatted: Bullets and Numbering] private property to inspect. test. or seal a well or well boring. (5) II ell borinv: oermit lee. The city shall establish a well boring permit fee in the amount sufficient to recover the following costs: (i) The citv management costs: (ii) testing and inspection costs; and (iii) degradation costs. if applicable. (F) Restricted hours for sprinkling. Lawn and garden watering is prohibited between the hours of 10:00 a.m. and 6:00 p.m. every year from May 1 through September 1 for all addresses on all days. This section shall apply only to those residents and water source is connected to the city water system. Use of private wells is exempt from this section. (1) New lawn sod and/or lawn seed is exempt for two weeks after installation; residents may water both odd and even days with no watering from 10:00 a.m. to 6:00 p.m. (2) Residents whose address ends in an even number may water their lawns and gardens before 10:00 a.m. and after 6:00 p.m. only on even-numbered days, and residents whose address ends in an odd number may water their lawns and gardens before 10:00 a.m. and after 6:00 p.m. only on odd-numbered days. (G) Private fire hose connections. Owners of structures with self-contained fire protection systems may apply for and obtain permission to connect the street mains with hydrants, large pipes, and hose couplings, for use in case of fire only, at their own installation expense and at such rates as the Council may adopt by resolution as herein provided. (H) Opening hydrants. It is unlawful for any person, other than members of the Fire Department or other person duly authorized by the city, in pursuance oflawful purpose, to open any fire hydrant or attempt to draw water from the same or in any manner interfere therewith. It is also unlawful for any person so authorized to deliver or suffer to be delivered to any other person any hydrant key or wrench, except for the purposes strictly pertaining to their lawful use. (I) Temporary connection to fire hydrants. A temporary connection to a fire hydrant may be made subject to a permit issued by the city. The permit shall indicate the hydrant to be used and none other. The applicant shall pay a deposit to guarantee payment for the water used and for damage to the meter and hydrant, which shall be refunded upon expiration of the permit, less charges for water used and the cost of repair of damages, if any. The user shall relinquish the hydrant in case of emergency upon demand of the city. The user shall pay a rental charge as set by City Council resolution for each day including Sundays and legal holidays, and a fee as set by City Council resolution for each 1,000 gallons Of water used. (J) Unmetered service. Unmetered service may be provided for construction, flooding skating rinks and any other purpose. The service shall be at a duly adopted rate. Where it is difficult or impossible to accurately measure the amount of water taken, unmetered service may be provided and the unmetered rate applied; provided, however, that by acceptance thereof the consumer agrees to have the city estimate the water used. In so estimating, the city shall consider the use to which the water is put and the length of time of un metered service. (K) Code requirement. All piping, connections and appurtenances shall be installed and performed strictly in accordance with the Minnesota Plumbing Code. Failure to install or maintain the same in accordance therewith, or failure to have or permit required inspections shall, upon discovery by the city, be an additional ground for termination of water service to any consumer. (L) Connection fees. Service shall be furnished only after proper application has been made and connection fees paid in full. j _ - -{ Deleted: Penalty, see ~ 10.99 y----------~--------------.--------------------------------------------- (Amended ##/##/200#) . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - -( Deleted: 11 ~ 51.10 RULES AND REGULATIONS RELATING TO SEWERAGE SERVICE. (A) Purpose and regulations. (l) The purpose of this section is to regulate the use of municipal sewers, protect the ground water, streams and other waters from the introduction of inadequately treated waste, and to prevent or control the introduction of pollutants into the wastewater disposal system which will interfere with the operation of the system, the use or disposal of the sludge, or will pass through the system inadequately treated into receiving waters or the atmosphere or otherwise be incompatible with the system. (2) This section shall apply to all users. (B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. ACT. The Federal Water Pollution Control Act, also referred to as the Clean Water Act, as amended, 33 D.S.C. ~~ 1251 et seq. EPA. Environmental Protection Agency. GENERAL MUNICIPAL USER. Any user discharging sewage to the general municipal flow other than industrial users, municipalities and other contract users. This category of user includes as sub-categories: Domestic Users; Commercial Users; Institutional Users; and Governmental Users, which are not contract users. INDUSTRIAL USER. Any entity which discharges to the city's wastewater treatment system, solid, liquid or gaseous wastes resulting from the process employed in industrial or manufacturing processes, or from the development of any natural resource. MPCA. Minnesota Pollution Control Agency. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT. A permit issued by the MPCA, setting limits on pollutants that a permittee may legally discharge into a river or stream. NATURAL OUTLET. Any outlet, including storm sewers and combined sewers, which overflow into a watercourse, pond, ditch, lake or other body of surface water or ground water. NON-CONTACT COOLING WATER. The water discharged from any use such as air conditioning, cooling or refrigeration, or during which the only pollutant added, is heat. PRETREATMENT. The process of reducing the amount of pollutants, eliminating pollutants, or altering the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing the pollutants into the city's wastewater disposal system. The reduction, elimination or alteration may be obtained by physical, chemical or biological processes, process changes or other means, except by dilution. PUBLIC WORKS DIRECTOR. The Public Works Director or a deputy, agent or representative thereof. SANITARY SEWER. A sewer intended to carry only wastewater from general municipal users and industrial plants together with minor quantities of ground, storm and surface waters which are not admitted intentionally. SEWER SERVICE CHARGE. The aggregate of all the charges including the user charge, debt service charges and other sewer related charges that are billed periodically to users of the city facilities. STATE DISPOSAL SYSTEM (SDS) PERMIT. Any permit (including any terms, conditions and requirements thereof) issued by the MPCA pursuant to M.S. ~ 115.07 for a disposal system as defined by M.S. ~ 115.01, Subdivision 8. STORM SEWER OR STORM DRAIN. A drain or sewer intended to carry storm water, surface runoff, ground water, drainage and unpolluted water from any source. SUSPENDED SOLIDS (SS) OR TOTAL SUSPENDED SOLIDS (TSS). The total suspended matter that either floats on the surface of or is in suspension in water, wastewater or other liquids, and is removable by laboratory filtering as prescribed in "Standard Methods for the Examination of Water and Wastewater," latest edition, and referred to as non-filterable residue. USER. Any person who discharges or causes or permits the discharge of wastewater into the city's wastewater disposal system. USER CHARGE. A charge levied on users of city facilities for the cost of operation, maintenance and replacement of the facilities. WASTEWATER. The liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, and institutions, together with any ground water, surface water and storm water that may be present, whether treated or untreated, which is discharged into or permitted to enter the city's wastewater disposal system. ( C) Wastewater discharge and use of sewers. (1) Wastewater discharge to natural outlet. It is unlawful to discharge to any natural outlet any wastewater or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this section. (2) Discharge of unpolluted water to public sewers. (a) It is unlawful for any person to discharge or cause to be discharged any unpolluted water such as stormwater, ground water, roof runoff, surface drainage or non-contact cooling water to any sanitary sewer. (b) Stormwater and all other unpolluted drainage shall be discharged to the sewers as are specifically designed as storm sewers or to a natural outlet approved by the city and other regulatory agencies. (c) It is unlawful to connect the sources of unpolluted drainage to any sanitary sewer. Industrial cooling water or unpolluted process waters may be discharged to a storm sewer or natural outlet on approval of the city and upon approval and the issuance of a discharge permit by the MPCA. (3) Prohibited discharge. It is unlawful for any person to discharge or cause to be discharged any of the following described waters or wastes to any public sewers: (a) Any liquids, solids or gases which by reason of their nature or quantity are, or may be, sufficient either alone or by interaction with other substances to cause fire or explosion or be injurious in any other way to the wastewater disposal system or to the operation of the system. Prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, hydrides, sulfides, chlorates, perchlorates, bromates, carbides and radioactive wastes; (b) Solid or viscous substances which will cause obstruction to the flow in a sewer or other interference with the operation of the wastewater treatment facilities such as, but not limited to, oils, wax or fats in excess of 100 mg/l, garbage with particles greater than one-half inch in any dimension, animal guts or tissues, paunch manure, bones, hair or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, waste paper, wood, plastic, asphalt residues, residues from refining or processing of fuel or lubricating oil, mud or glass grinding or polishing wastes; (c) Any wastewater having a pH of less than 5.0 or greater than 9.5 or having any other corrosive property capable of causing damage or hazard to structure, equipment and personnel of the wastewater disposal system; (d) Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants, to inhibit or disrupt any wastewater treatment process, constitute a hazard to humans or animals, or create a toxic effect in the receiving waters of the wastewater disposal system. A toxic pollutant shall include but not be limited to any pollutant identified pursuant to ~ 307(a) of the Act; (e) Any wastewater having a temperature greater than 150EF (65.6EC), or causing, individually or in combination with other wastewater, the influent at the wastewater treatment plant to have a temperature exceeding l04EF (40EC), or having heat in amounts which will inhibit biological activity in the wastewater treatment works resulting in interference therein; (f) Any noxious or malodorous liquids, gases or solids which either singly or by interaction with other wastes are capable of creating a public nuisance or hazard to life, or are sufficient to prevent entry into the sewers for their maintenance and repair; and/or (g) Any wastewater with objectionable color not removed in the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions. (4) Metro sewer standards. All discharges must be in accordance with the Metro Sewer Board Booklet "Sewage and Waste Control Rules and Regulations for Metro Disposal System." (5) Dilution. It is unlawful for any user to increase the use of process water or, in any manner, attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in this division (C), or contained in the National Categorical Pretreatment Standards or any state requirements. (6) Special provisions relating to unusual wastes. If any waters or wastes are discharged or are proposed to be discharged to the public sewers which contain substances or possess the characteristics enumerated in this division (C), and/or which in the judgment of the city, may have a deleterious effect upon the wastewater facilities, or which otherwise create a hazard to life or constitute a public nuisance, the city may: (a) Reject the wastes; (b) Require pretreatment to an acceptable condition for discharge to the public sewers, pursuant to ~ 307(b) ofthe Act and all addendums thereof; (c) Require control over the quantities and rates of discharge; (d) Require protection from slug or accidental discharges; and/or ( e) Require payment to cover the added costs of handling, treating and disposing of wastes not covered by existing taxes or sewer service charges. (7) Grease, oil and sand interceptors. Grease, oil and sand interceptors shall be provided when, in the opinion of the city, they are necessary for the proper handling of liquid wastes containing floatable grease in excessive amounts, any flammable wastes, sand or other harmful ingredients; except that the interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of the type to be readily and easily accessible for cleaning and inspection. (8) Slug or accidental discharge. Sewer users shall notify the city immediately upon having a slug or accidental discharge or substances or wastewater in violation of this chapter in order to enable countermeasures to be taken by the city to minimize damage to the wastewater disposal system. The notification will not relieve users of liability for any expense, loss or damage to the wastewater disposal system, or for any fines imposed on the city on account thereof under any state or federal law. The city may suspend the wastewater treatment service and/or a wastewater discharge permit when the suspension is necessary, in the opinion of the city, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons, to the environment, or to the wastewater disposal system. Any user notified of a suspension of the wastewater treatment service and/or the wastewater discharge permit shall immediately stop the discharge. In the event of a failure of the user to comply voluntarily with the suspension order, the city shall take the steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the wastewater disposal system or endangerment to any individuals. The city shall reinstate the wastewater discharge permit and/or the wastewater service upon proof of the elimination of the noncomplying discharge. A detailed written statement submitted by the user describing the causes of the slug or accidental discharge and the measures taken to prevent any future occurrence shall be submitted to the city within IS days of the date of occurrence. (D) Permits and special user requirements. (1) Sewer connection permit required. It is unlawful for any person to uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the city. Any new connection(s) to the sanitary sewer system shall be prohibited unless sufficient capacity is available in all downstream facilities including, but not limited to, capacity for flow, BODS, and suspended solids, as determined by the city. Connections to the sanitary sewer shall be gas-tight and water-tight to prevent the inclusion of infiltration/inflow. (2) Maintenance and ownership of private sewer service pipes and facilities. It is the responsibility of the user or owner to maintain the sewer service pipe from the property line into the house, building or other point of initial collection. All sewer pipes, monitoring facilities, pretreatment facilities and other private sewer system works shall be installed and maintained in good operating condition at the user's sole expense. (3) Industrial discharge permits. All significant industrial users, or other industrial users which may have a significant effect as determined by the city, proposing to connect or to commence a new discharge to the wastewater disposal system shall obtain a wastewater discharge permit before connecting to or discharging into the wastewater system. All existing significant industrial users or industrial users subject to federal pretreatment standards under ~ 307 (b) and (c) of the Act connected to or discharging into the wastewater disposal system shall obtain a wastewater discharge permit within 90 days after the effective date of this section. The permits may limit the discharges by volume or wastewater constituents and may require pretreatment before discharge into the city system. Industrial users requesting connection to the disposal system shall complete and file with the city an application in the form prescribed by the city. (4) Industrial user reports. The city may require that any industrial user discharging or proposing to discharge wastewater into the wastewater disposal system file a periodic discharge report. The discharge report may include, but not be limited to, nature of process, rates of flow, mass discharge rate, production quantities, hours of operation, compliance status with any state or federal pretreatment standards or other information which relates to the generation of waste, including wastewater constituents and characteristics in the wastewater discharge. (5) Monitoring requirements and facilities. Monitoring facilities to allow inspection, sampling and flow measurement of the building sewer and/or internal drainage systems shall be provided and operated by all significant industrial users or other industrial users which may have a significant effect as determined by the city. The monitoring facilities shall be situated on the user's premises. There shall be ample room in or near the sampling manhole or facility to allow accurate sampling and compositing of samples for analysis. The facility, sampling and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user. (6) Inspection ofuser'sfacilities. (a) The city may inspect the facilities of any user to ascertain whether the purpose of this section is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the city ready access at all reasonable times to all parts of the premises for the purposes of inspection, observation, measurement, sampling, testing, record examination or in the performance of any of their duties, with the restriction that the city does not interfere with the user's operation. The city, Metro Sewer Board, MPCA and EPA shall have the right to set up on the user's property such devices as are necessary to conduct sampling, inspection, compliance monitoring and/or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements with any security guards so that upon presentation of suitable identification, the city, MPCA and EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities. (b) The city shall have no authority to inquire into any industrial processes beyond that point in the process having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for treatment. (c) While performing the necessary work on private properties referred to in divisions (D)(6)(a) and (D)(6)(b) above, city employees shall observe all safety rules applicable to the premises established by the company. (E) Civil action. If any person discharges sewage, industrial wastes or other wastes into the city's wastewater disposal system contrary to the provisions of this section, federal or state pretreatment requirements or any order of the city, the city may commence an action for appropriate civil relief. ~ 51.11 RULES AND REGULATIONS RELATING TO STORMWATER DRAINAGE UTILITY. (A) Statutory authority. M.S. ~ 444.075 ("the Act") authorizes cities to impose just and reasonable charges for the use and availability of storm sewer facilities ("charges"). By this chapter, the city elects to exercise such authority. (B) Findings and purpose. In providing for such charges, the following findings and determinations are made. (I) In the exercise of its governmental authority and in order to promote the public health, safety, convenience and general welfare, the city has constructed, operated and maintained a storm sewer system (the "system"). This chapter is adopted in the further exercise of that authority. (2) The system, as constructed, heretofore has been financed and paid for through the imposition of special assessments and ad valorem taxes. The financing methods were appropriate to the circumstances at the time they were used. It is now necessary and desirable to provide an alternative method of recovering some or all of the future costs of operating, maintaining and improving the system through the imposition of charges as provided in this section. (3) In imposing charges, it is necessary to establish a methodology that undertakes to make them just and equitable. Taking into account the status of completion of the system, past methods of recovering system costs, and other relevant factors, it is determined that it would be just and equitable to assign responsibility for some or all ofthe future costs of operating, maintaining and improving the system on the basis of the expected storm water runoff from the various parcels of land within the city. (4) Assigning costs and making charges based upon expected typical storm sewer runoff cannot be done with mathematical precision but can only be accomplished within reasonable and practical limits based upon use. (C) System established. A city storm sewer system utility is hereby established. The system consists of all storm sewer conduits, manholes and catch basins, ditches and ponds within the public right-of-way and storm sewer conduits, manholes and catch basins in public purpose easements as pursuant to the Stormwater Drainage Master Plan 1ll!4 ~!orl!l~_a!e! Xoll!l!i()Jl ]>~eyellti(m_ J>laIl }l~d _a~y _1- - {Deleted: (May 1990) additional storm sewer facilities that may be acquired or otherwise included as determined by the City - - - i Deleted: (May 2003) Council. (Ord. 56, passed 1-22-1992)(Amended ##/##/200#) (D) Use of revenues. All funds obtained from collection of annual and development stormwater drainage system charges shall be deposited in a Stormwater Drainage Utility System Fund and used for payment of costs incurred in maintenance and operation of the city's stormwater drainage system. (Ord. 56, passed 1-22-1992; Am. Ord. passed 10-27-1993) (E) Mutual Aid. The City will charge other governmental agencies for development. maintenance and operation of storm water drainage systems which serve roads. bridges. trails. buildings. structures. real property or impervious surfaces constructed or owned by other governmental agencies. Other governmental agencies can include but are not limited to other Cities. Counties. State or Federal governments. or divisions or combinations thereof. Unless otherwise authorized by the City Council. other governmental agencies will be charged fees equal to the percentage which their appurtenances contribute storm water to the City's storm water drainage system. These fees will be calculated by the City Engineer and/or in accordance with the Stormwater Drainage Master Plan or Stormwater Pollution Prevention Plan. These calculations will be subiect to annual review by the City. Fees will be set by the City's annual fee schedule. (Amended ##/##/200#) CHAPTER 92: PARKS AND RECREATION Section General Provisions 92.01 Definitions 92.02 Removing, defacing or destroying property 92.03 Erection of structures 92.04 Littering 92.05 Alcoholic beverages; intoxication 92.06 Vehicle traffic 92.07 Hours 92.08 Overnight parking or occupancy 92.09 Open fires prohibited 92.10 Washing of vehicles 92.11 Discharge and possession of firearms 92.12 Posting signs and placards 92.13 Riding of horses and other animals 92.14 Unattended animals 92.15 Language, conduct and attire 92.16 Climbing of trees and on buildings 92.17 Fireworks Administration and Enforcement 92.30 Variances 92.31 City personnel Peltier Lake 92.45 Purpose, intent and application 92.46 Definitions 92.47 Surface zoning by restricting speeds and areas of activity 92.48 Enforcement 92.49 Exceptions 92.50 Notification T_____________________________________________________-----------------l--l::~~~~&~ GENERAL PROVISIONS ~ 92.01 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. FIREARM. Any rifle, shotgun, pistol, B-B gun, pellet gun, slingshot, air rifle and bow and arrow. PUBLIC PARKS AND GROUNDS. Any real property owned or leased by the city. VEHICLE. Any vehicle or conveyance, whether motor-powered, animal-drawn or self-propelled. (Ord. 41, passed 10-12-1983) ~ 92.02 REMOVING, DEFACING OR DESTROYING PROPERTY. No person shall remove, deface, destroy, diminish or impair the value of public property located on or within any public park or public grounds. (Ord. 41, passed 10-12-1983) '- _ __ _ _ _ _ _ __ __ __ __ __ _ __ _ _ _ _ _ _ _ _ _ _ __ __ __ _ __ __ _ _ _ _ _ J _ - i Deleted: Penalty,see~ 92.99 ~ 92.03 ERECTION OF STRUCTURES. No person shall erect any tent or structure, whether permanent or temporary, or run any public service utility, upon or across any public park or public grounds. (Ord. 41, passed 10-12-1983) '- _ _ _ _ __ _ _ _ _ __ _ _ _ _ __ _ _ _ _ _ __ _ _ __ _ __ _ _ __ __ _ _ _ _ _ _ __ __ J _ - -{ Deleted: Pen&ty,see~92.99 ~ 92.04 LITTERING. (A) No person shall litter or cast or allow to remain any rubbish or trash of any kind or nature in or about any public park or public grounds. (B) No person shall bring glass containers into any designated park land in the city. (Ord. 41, passed 10-12-1983; Am. Ord. passed 8-14-1985) L __ __ _ _ _ _ _ _ __ _ __ _ __ __ __ _ _ __ _ _ J _ - -{ Deleted: Penalty, see ~ 92.99 ~ 92.05 ALCOHOLIC BEVERAGES; INTOXICATION. No person shall possess, display, consume or use intoxicating liquor or 3.2 percent malt liquor in any public park or public grounds. (Ord. 41, passed 10-12-1983) '- ~ u u u ~ ~ ~ ~ ~ ~ ~ u U ~ ~ ~ u U ~ ~ u ~ u ~ ~ u ~ ~ ~ u U U ~ ~ ~ ~ _ _ - { Deleted: Penalty, see ~ 92.99 ~ 92.06 VEHICLE TRAFFIC. Vehicles shall be driven or parked only in designated areas on any public park or public grounds and shall be driven therein at a maximum speed of five mph. (Ord. 41, passed 10-12-1983) '- u ~ ~ ~ u ~ ~ u ~ ~ ~ ~ ~ _ ~ _~. ~ ~ u ~ ~ u ~ ~ u U U ~ ~ ~ ~ _ ~ ~ u ~_ _ - {Deleted: Penalty,see~92.99 ~ 92.07 HOURS. No persons, except authorized city personnel, shall enter or be on the grounds of ,atl~ P!l~li~ pl!r!<: ~ _ _ - { Deleted: in or remain in or public grounds between the hours of 10:00 p.m. and 7:00 a.m.. or during those hours specifically posted by the city. (Ord. 41, passed 10-12-1983) (Amended ##/##/200#)L ~ ~ ~ ~ ~ ~ _ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ u ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ _ __ { Deleted: Penalty, see ~ 92.99 ~ 92.08 OVERNIGHT PARKING OR OCCUPANCY. Overnight parking or occupancy within any public park or public grounds is prohibited. (Ord.41,passedlO-12-1983\.~ _~ ___.~u_uuu~u~uuu~~~__ ____~uu~uu~__-{Deleted: Penalty,see~92.99 ~ 92.09 OPEN FIRES PROHIBITED. No person shall build a fire in any place in any public park or public grounds, at any time, except in fireplaces or receptacles provided therein by the city. (Ord. 41, passed 10-12-1983) '- ~ ~ ~ ~ _ ~ ~ ~ _ ~ ~ _ _ ~ _ _ _ ~ _ _ ~ _ ~ ~ ~ ~ ~ ~ u U ~ ~ ~ u U ~ _ _ ... ~ _ u _ _ - { Deleted: Penalty, see ~ 92.99 ~ 92.10 WASHING OF VEHICLES. No person shall wash any vehicle on any public park or public grounds. (Ord. 41, passed 10-12-1983) L _ ~ ~ ~ _ u _ u _ u _ __ u U U ~ U U ~ U U U n n _ . -{ Deleted: Penalty, see ~ 92.99 ~ 92.11 DISCHARGE AND POSSESSION OF FIREARMS. No person, except law officers in the discharge of their duties, shall discharge any firearm in any public park or on any public grounds at any time. No person shall possess a dangerous weapon or firearm in any public park or on any public grounds unless licensed by a State or the Federal government authorizing possession of a firearm in a public place... ... _ . _ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ _ _ (Ord. 41, passed 10-12-1983) (Amended ##/##/200#\ _ _ _ _ _ _ _ ~ ~ _ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ . _ _ - { Deleted: . . _ - { Deleted: Penalty, see ~ 92.99 ~ 92.12 POSTING SIGNS AND PLACARDS. No person shall post any sign, placard, advertisement or inscription on any public park or public grounds. (Ord. 41, passed 10-12-1983)'L - _ _ _ _ - - - - - - - - - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ J = = 1 Deleted: Deleted: Penalty, see ~ 92.99\[ ~ 92.13 RIDING OF HORSES AND OTHER ANIMALS. No person shall ride a horse or any other animal on any public park or public grounds except on designated trails or paths. (Ord. 41, passed 10-12-1983) '- _ _ _ _ __ u _ u _ u U U U _ U U U _ _ _ u _ _ _ _ __ _.. _ u U _ u J _ - {Deleted: Penalty, see~ 92.99 ~ 92.14 UNATTENDED ANIMALS. No person shall allow any animal of any sort to go unattended or without physical restraint in any public park or public grounds. (Ord. 41, passed 10-12-1983) L _ _ __ _ _ _ _ __ _ _ _ _ u u _ _ __ u U _ __ _ _ _ _ _ _ u _ _ __ _ _ n n J _ - { Deleted: Penalty, see ~ 92.99\[ ~ 92.15 LANGUAGE, CONDUCT AND ATTIRE. No person shall use abusive, boisterous or obscene language or engage in any abusive, boisterous or obscene behavior in any public grounds. No person shall place or carry any abusive or obscene placard or sign in any public park or public grounds. No person shall appear in any public park or public grounds unless clad in attire which meets contemporary community standards of decency. (Ord. 41, passed 10-12-1983) '- _ _ _ _ n _ n n n _ _ n n _ _ _ _ _ _ u _ _ _ _ _ n n _ _ _ _ n n n _ J _ - { Deleted: Penalty. see ~ 92.99 ~ 92.16 CLIMBING OF TREES AND ON BUILDINGS. No person shall climb any trees or climb on any building or structure in any public park or public grounds. (Ord. 41, passed 10-12-1983) '- _ n n n n n __ _ _ _ _ _ _ _ _ n n _ _ n n n n n n __ __ _ n J _ - {Deleted: Penalty. see~ 92.99 ~ 92.17 FIREWORKS. No person shall possess or discharge any fireworks in any public park or public grounds. (Ord. 41, passed 10-12-1983) '- _ n _ n _ n n n _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ n _ _ n _ _ n n _ _ _ _ n _ _ J _ - { Deleted: Penalty, see ~ 92.99 & 92.18 SWIMMING. No person shall enter or exit Centerville Lake through anv public park or public grounds for the purpose of swimming. & 92.19 FISHING. No person shall fish from any public park or public grounds. & 92.20 BOAT LAUNCHING. No boat or watercraft may be launched from any public park or public grounds. & 92.21 SHORELINE PROTECTION The shoreline where any public park or public grounds meets Centerville Lake is a protected area. The shoreline must be protected from vehicular and foot traffic in order to establish and maintain vegetation. Shoreline vegetation will stabilize and protect the shoreline from erosion. This protected area extends fifteen feet from the hii,':h-water mark of the Lake. No person may be present within a protected shoreline area which is so posted. It is a trespass for anvone to be present within a protected shoreline area when the area is posted against entry. ADMINISTRATION AND ENFORCEMENT ~ 92.30 VARIANCES. Variances to the strict application of this chapter may be granted only by the City Council. (Ord. 41, passed 10-12-1983) ~ 92.31 CITY PERSONNEL. This chapter shall not be construed to prohibit the normal care, operations or functions of the city (including the authorized events of City Celebration) or its authorized agents in any public park or public grounds. (Ord. 41, passed 10-12-1983; Am. Ord. passed 12-22-1993) PELTIER LAKE ~ 92.45 PURPOSE, INTENT AND APPLICATION. As authorized by M.S. ~~ 86B.201.86B205 and 459.20, and Minn. Rules 6110.3000-6110.3800 as now in effect and as hereafter amended, this section is enacted for the purpose and with the intent to control and regulate the use of the water of Lake Peltier in Anoka County, Minnesota, the body of water being located within the boundaries of the City ofCenterville and City ofLino Lakes, to promote its fullest use and enjoyment by the public in general; to ensure safety for persons and property in connection with the use of the waters, to minimize adverse impact on natural resources, to harmonize and integrate the varying uses of the waters, and to promote the general health, safety and welfare of the citizens of Centerville. (Ord. 68, passed 3-27-2002) ~ 92.46 DEFINITIONS. Terms used in this section related to boating are defined in M.S. ~ 86B.005, as amended. (Ord. 68, passed 3-27-2002) ~ 92.47 SURFACE ZONING BY RESTRICTING SPEEDS AND AREAS OF ACTIVITY. A No-Wake Zone over all that part of Peltier Lake lying northerly and northwesterly of the following described line: Commencing at the southwest comer of the Southeast Quarter of Section 10, Township 31, Range 22, Anoka County, Minnesota; thence north 89 degrees 54 minutes 46 seconds east along the south line of the Southeast Quarter 2106.64 feet to a witness comer on the south line of Government Lot 1, Section 10, Township 31, Range 22; thence north 00 degrees 05 minutes 30 seconds west 150.00 feet; thence north 89 degrees 54 minutes 30 seconds east 100.00 feet, more or less, to a point on the westerly shoreline of Peltier Lake, the point being the point of beginning of the line to be described; thence continuing north 89 degrees 54 minutes 30 seconds east to the easterly shoreline of Peltier Lake, and the line there terminating. (Ord. 68, passed 3-27-2002). _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _1- - -{ Deleted: Penalty, see ~ 92.99 ~ 92.48 ENFORCEMENT. The primary responsibility for enforcement of this section shall rest with the County Sheriffs Department and the City Police Department. This, however, shall not preclude enforcement by other licensed peace officers. (Ord. 68, passed 3-27-2002) ~ 92.49 EXCEPTIONS. All authorized resource management, emergency and enforcement personnel, while acting in the performance of their assigned duties, are exempt from the foregoing restrictions. (Ord. 68, passed 3-27-2002) ~ 92.50 NOTIFICATION. It shall be the responsibility of the Anoka County Parks and Recreation Department to provide for adequate notification of the public, which shall include placement of a sign at each public watercraft access outlining essential elements of this subchapter, as well as the placement of necessary buoys and signs. I :~~~.~~~~~~~~~~~~~~~~===========_===================================-=== - Deleted: Penalty, see ~ 92.99 - Deleted: 1[ 1[ 1[ ~ 92.99 PENALTY.1[ 1[ Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor.1[ CHAPTER 94: SPORTING, ATHLETIC AND MUSIC EVENTS Section 94.01 94.02 .Generally _ _ _ _ _ Ultimate Fighting Prohibited +t Deleted: _ 94.01 . . Formatted: Bullets and Numbering ~ 94.01 GENERALLY. (A) It shall be unlawful to conduct sporting, athletic and music concert events in residential districts of the city, as defined herein, unless first securing a special permit from the city. (B) (1) Sporting, athletic or music events shall be defined as the conducting of these events by individuals, nonprofit or profit organizations, partnerships or corporations, wherein participants and/or patrons are charged an entry fee for the right to participate in the event and/or compete for monetary or merchandise prizes. The events shall include but not be limited to softball, football, volleyball, broomball, ice or field hockey, tennis, basketball tournaments or outdoor music concerts; and (2) These activities shall be considered by special permit within all residential districts ofthe city and shall require a permit therefor. The city shall have the right to make provisions in the permit for insuring public health and sanitation, traffic regulation, noise and litter control and regulation on the number of events that may be conducted on a specific site. (Ord. 4, passed 8-23-2000). _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _1. - -{ Deleted: Penalty, see ~ 10.99 & 94.02 ULTIMATE FIGHTING PROHIBITED (A) Definition and purpose. Ultimate fighting is any activitv. regardless of how named or described. or any form of entertainment. where the primary practice involves individuals engaged in physical contact by striking an opponent with hands. head. feet or body. This shall include. but not be limited to. any contest where kickin~. punching. martial a11s. or submission holds are permitted. The City Council finds that the practice of ultimate fi~htin~ is dan~erous and puts individuals and the public health. safetv and welfare at great risk. (8) Prohibited conduct. It shall be unlawful in any public or private building or place to organize. permit. be present at. or to participate in the practice of ultimate fightin~_ Officially sanctioned matches regulated by the Minnesota Boxing Commission. martial arts. wrestling and team sports in which physical contact is incidental to the primary purpose of the game such as hockey, basketball. vollevbalL soccer, baseball and softball. are not included amonl,( activities prohibited bv this section. 166