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HomeMy WebLinkAbout2008-07-23 CC Agenda & Work Session 4 terviffe ~.~,~ CITY COUNCIL MEETING & WORK SESSION MEETING AGENDA COUNCIL MEETING I. CALL TO ORDER Wednesday, July 23, 2008 6:30 p.m. Worksession will immediately follow 1. Roll Call II. PUBLIC HEARING 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. July 9, 2008 City Council Meeting Minutes (Pages 1-14) 2. July 9, 2008 City Council Work Session Meeting Minutes (Page 15) VI. CONSENT AGENDA 1. City of Centerville July 10,2008 through July 23, 2008 Claims (Page 16) 2. Centennial Fire District Claims through July 7, 2008 (Page 17) 3. Centennial Lakes Police Department Claims through July 10,2008 (Pages 18-20) 4. Successful Performance Review of Public Works Technician, Mr. Allen Anderson 5. Successful Performance Review of Account ClerklUtility Billing Clerk, Ms. Kris Sweeney (Grade 5, Step 7 to Grade 5, Step 8) VII. A W ARDS/PRESENT A TIONS/APPEARANCES 1. Mr. & Mrs. Mike Carter, 6913 Sumac Court - Appeal of Potentially Dangerous Dog (Page 21-22) VIII. OLD BUSINESS 1. Res. #08-0XX - Adopting Special Assessments - Old Mill Road Improvements - (Tabled from Previous Meeting) (Pages 23-24) 2. Ms. Cathy Fruth, (7384 Old Mill Road) - Driveway Issue - (Old Mill Road Improvements) - (Tabled from Previous Meeting) 3. Anoka County's Response to the City's Request for Installation of Guardrail along CSAH 21 Near Center Street (Pages 25-26) IX. NEW BUSINESS 1. Change Order for 2009 Street Seal Coat Project (Pages 27-28) 2. NMTC Proposed 2009 Budget (pages 29-50) 3. Upgrade Well #2 - E.H. Renner & Sons Proposal (Pages 51-64) x ANNOUNCEMENTSffiPDATES 1. City Administrator, Mr. Dallas Larson XI. ADJOURNMENT COUNCIL WORK SESSION MEETING I. CALL TO ORDER 1. Roll Call II. DISCUSSION ITEMS 1. 2009 Draft Budget a. Parks Request for 2009 Fete des Lacs 8K Run 2. Design Issues 2009 Street Project - Mark Statz 3. Trail Grant Projects/Priorities - Mark Statz 4. Code Amendments - Review Chapters 10-90 III. ADJOURNMENT * *REMINDERS * * Fete des Lacs - August 1, 2 & 3, 2008 LaMotte Park Planning & Zoning Commission Meeting - August 5, 2008, 6:30 p.m. Council Chambers Parks & Recreation Committee Meeting - August 6, 2008, 6:30 p.m. Council Chambers City Council Meeting - August 13,2008,6:30 p.m. Council Chambers CITY OF CENTERVILLE CITY COUNCIL MEETING July 9, 2008 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting on July 9, 2008, at City Hall, 1880 Main Street. PRESENT: ABSENT: STAFF: City Administrator Dallas Larson City Attorney Kurt Glaser City Engineer Mark Statz I. CALL TO ORDER Mayor Capra called the July 9, 2008, City Council meeting to order at 6:34 p.m. II. PUBLIC HEARING 1. Improvement of Old Mill Road from a point approximately 200 feet north of Revoir Street to the north City limits by installation of water main. sanitary sewer. street pavement. curb. storm sewer and related drainage improvements. Mayor Capra opened the Public Hearing at 6:35 p.m. City Administrator Larson reported that, as required by law, a notice of the proposed assessment was mailed to all property owners, including an estimate of what their specific payment may be. This is included in the Council's packet. City Engineer Statz reported that improvements are substantially complete, and there will be an Assessment Hearing after the improvements are complete to make sure the total costs are in line with the estimated costs. He stated that they are ready to move forward with the assessments. City Attorney Glaser announced that everyone can comment on the assessments. He stated that the City has double and triple checked the numbers, and they would not assess anyone for more than the increase to their property value. He added that the City has done its due diligence from the legal prospective as well. He stated that if there were objections, they would be sent to the City Council first, and then to the District Court. L_____ City of Centerville City Council Meeting July 9, 2008 After that, they would have to get their own legal counsel. There are handouts here further explaining the process. Mayor Capra inquired whether there was anyone who wanted to speak during this Public Hearing. Mr. Jeff Carroll, Attorney on behalf of Ms. Cathy Fruth, 7384 Old Mill Road, and Mr. Fred Fischer, 7396 Old Mill Road, stated that his primary reason for being here is that the value of Ms. Fruth's assessment is not in agreement with the increased value of the property. He stated that the assessment is about $100,000, more than 25% of the value of property, and it will increase Ms. Fruth's property taxes more than $1,400? per year. Mr. Carroll stated that another issue is that Ms. Fruth was assessed for a water main and sewer main, when she already has these on the southeast comer of her property. He stated that this would be a duplication of services, with no additional benefit to her. He added that there were also other objections, which are outlined in the written notice he sent to the Council. City Attorney Glaser inquired whether Mr. Carroll had any professional basis for his objections regarding the property value and whether he had an appraisal of the property's value. Mr. Carroll replied that no, this was not done. City Attorney Glaser inquired whether Mr. Carroll was aware that Ms. Fruth had never been assessed for the water main on the east side of her property. Mr. Carroll replied that the water main on the east side of her property was put in 12 years ago, when it only would have cost about $35,000. The prices now are a lot higher and she is now expected to pay the higher amount. Mayor Capra inquired whether there was anyone else who would like to speak. There was no response. Motion bv Council Member Broussard-Vickers. seconded bv Council Member Paar. to close the Public Hearint!. AU in favor. Motion carried unanimouslv. Mayor Capra closed the Public Hearing at 6:40 p.m. Ill. APPROVAL OF AGENDA Mayor Capra added the following items to the Agenda: Page 2 of14 City of Centerville City Council Meeting July 9, 2008 Item 2 under Consent Agenda - Encroachment Agreement - Fence, 7031 Eagle Trail (Pages 11-20) Item 1 under New Business - Should add at the end "(pages 21-22)." Item 2 under New Business - Should add at the end "(Page 23)." Item 3 under New Business - Special Event & Rafile Permits - S1. Genevieve's Catholic Church, August 3, 2008 - "Golden Boys" Benefit Contingent Upon Proper Insurance Documentation on File with the City (pages 24-39) Item 4 under New Business - Res. #08-0XX: - Identifying the Need for Livable Communities Demo. Account Funding & Authorizing Application Submission (pages 40-41 ) Item 5 under New Business - Res. #08-0XX: - City as Legal Sponsor for Redevelopment Grant Program & Submittal to DEED for Funding (pages 42-43) Motion bv Council Member Pur. seconded by Council Member Broussard-Vickers. to approve the a2enda as amended. All in favor. Motion carried unanimouslv. IV. APPROVAL OF MINUTES 1. June 25, 2008, City Council Meeting Minutes The following changes to the minutes were made by Councilmember Lakso: On page 4, under CERT Team Introductions, "Dennis Maki of Centerville" should be added as one of the CERT Team members who were in the audience. On page 4, under CERT Team Introductions, the 1st sentence in the 5th paragraph should read, Councilmember Lakso stated that the CERT Team has "the training they need to help save lives." On Page 4, under Centennial Lakes Police Chief Bob Makela - 2007 Annual Report, ''thanked Councilmember Lakso" should be changed to "thanked the Council." On Page 9, the 6th paragraph, "they have the Citizen Group" should be changed to "they have a citizen group." Motion by Council Member Broussard-Vickers. seconded bv Council Member Paar. to approve the June 11. 2008. City Council Meetinl! Minutes as amended. Motion carried unanimouslv. Page 3 of14 L~~__ _ _ _ City of Centerville City Council Meeting July 9, 2008 v. CONSENT AGENDA 1. City ofCenterville June 25. 2008. throwili Julv 9. 2008. Claims 2. Encroachment Agreement - Fence. 7031 Eagle Trail Councilmember Broussard-Vickers inquired whether the encroachment is because of the back edge. She also inquired whether the neighbor next door does not want the new fence attached in any way to his fence. City Administrator Larson replied that they need the City's approval to build anywhere within that 10-foot area. The neighbor wants their fence to be free standing and separate. Motion by Mayor Capra. seeonded by Council Member Lakso. to approve the Consent A.2enda as presented. All in favor. Motion carried unanimouslv. VI. A W ARDSIPRESENTATIONS/APPEARANCES None VII. OLD BUSINESS 1. Ms. Cathy Fruth (1384 Old Mill Road) - Driveway Issue - (Old Mill Road Improvements) - (Tabled from Previous Meeting) City Engineer Statz stated that he prepared a few documents and included them in the Council's packet Included is a picture of the finished product last year, after they took it back 50 feet to make the grade better. He stated that when they did the road last fall, they discussed this with Ms. Fruth and agreed to make it less steep, and they added new sod. He stated that the Plan Sheet shows an estimated 1 foot 7 inch lowering of the road. An email from the Inspector last year stated that this is what we could do to get it to 8% and that going back farther would not help. City Engineer Statz went on to state that based on the Inspector's recommendations, past the 50 foot mark the grade is about the same as what is on the lower portion of the driveway now. The only option would be to flatten the driveway out 10-20 feet back from the curb, but doing that would make the rest of the driveway 10-12% steeper. He added that 2% - 8% are the parameters they stay in, and they are right at 8%. He stated that there are hundreds of other residents in Centerville that have driveways at the same level or worse. Mayor Capra inquired whether they had added gravel. City Engineer Statz replied that yes, they had. He added that the gravel takes a year or so to settle in. Page 4 of 14 City of Centerville City Council Meeting July 9, 2008 Councilmember Paar stated that he drove by and did not believe they had the right numbers. He added that he believed they would be just "chasing their tail" as to where the least amount of incline should be. He stated that, by looking at the picture, it is hard to say exactly what footage it is - there is just an area that is humped up before the blacktop. City Engineer replied that the two fixed points are at the curb and the garage and, according to that, they have achieved 8%. Councilmember Lakso stated that she did not know what the remedy was. She stated that she would like to hear options as to what could be done to remedy this, and that, depending on the dollar amount, she would be in favor of fixing it according to what Ms. Fruth would want. City Engineer replied that there were only 2 options. One would be to flatten it out for 15-20 feet, but then the 20-50 foot portion would be steeper. The other option would be to leave the grade as it is and pave a section back about 30-40 feet, which would probably help the ice situation. Councilmember Paar agreed that, if they lower the grade to be less steep towards the road, that would increase the grade farther up on the driveway. He stated that, to him, that would be like "robbing Peter to pay Paul." City Engineer Statz replied that Ms. Fruth believes the danger is sliding out onto the road. He stated they could put a flat spot near the intersection so the car can stop easier. Councilmember Broussard-Vickers stated that, when you look at the driveways south of Ms. Fruth's and on the same side of the road, they are steeper than this by quite a bit. Councilmember Broussard-Vickers added that she does not think this is a detriment. Ms. Fruth stated that City Engineer Statz had told her that the driveway would be 1 foot lower, but now it is 4-112 feet lower. She stated that she should not have to deal with the cost, because it was not that way before. She added that the City created the problem, so the City should fix it. Mr. Fred Fischer, Ms. Fruth's next door neighbor at 7396 Old Mill Road, stated that they are not talking about 2% - they are talking about 8%. He added that yes, other people have steep driveways also, but they chose to build it that way. Ms. Fruth did not choose to have the driveway that way. Mr. Fischer also stated that the City had closed off the drainage for his property, and the culvert was removed.. He stated that caused his road to erode. He added that the City did not consider his and Ms. Fruth's side of the road. They cannot even drive into their property. Page 5 of 14 City of Centerville City Council Meeting July 9, 2008 City Engineer Statz stated that he was not aware of Mr. Fischer's issue. He stated that they would be willing to look at it and see if there is a reasonable solution. Mayor Capra stated that City Engineer Statz would evaluate Mr. Fischer's situation. She stated that she was open to blacktopping part of the driveway. She then inquired as to what Ms. Fruth is looking for. Ms. Fruth replied that she does not know what the answer is, because she is not an engineer. She stated that it is almost 150 feet from the road to her house. She stated that City Engineer Statz had stated that the road would be 1 foot lower, and that she would hardly know the difference. She stated that it is now 4-1/2 feet lower. She added that, if they put tar on it, her taxes would go up. City Engineer Statz inquired as to what would be acceptable to Ms. Fruth. He stated that, in order to prepare for further development of her property, they could not leave the road as it was. Ms. Fruth replied that she does not know the answer, but she wants her road fixed back to the way it was. She suggested that they should come out and drive down the driveway, and they would see that it is worse than it looks in the picture. She stated that what she is hearing is that they are going to slap some tar on it, and that will be the end of it She stated that would make her property look ridiculous. She added that she pays $5,200 per year in taxes. Mayor Capra stated that they are open to trying to solve the problem. She suggested that they could blacktop part of the way up. Ms. Fruth replied that she wants less of a slope on her driveway and that it should be tapped down so it will hold up the way it did before. City Engineer Statz stated that he believes blacktopping the driveway approximately 30- 50 feet would solve anyon-going maintenance problems. Councilmember Broussard-Vickers stated that they cannot change the grade. She added that Ms. Fruth does not want the blacktop, because it will increase her taxes. She stated that they need to do something else down at the bottom of the driveway, and they would need to maintain it. City Engineer Statz stated that road elevations are strategically planned. He told Ms. Fruth that the value is very dependent on the ability to develop her property. Ms. Fruth replied that she is the one living there, and she knows the problems she has had. Mayor Capra stated that she would like City Engineer Statz to come back to the City Council with a plan. Page 6 of 14 City of CenterviIle City Council Meeting July 9, 2008 City Engineer Statz stated that there are only 2 choices - the existing grade or a flat spot near the road and a steeper section farther up the driveway. He inquired as to which option Ms. Fruth would chose. Ms. Fruth replied that she would choose neither option right now. City Attorney Glaser told Ms. Fruth that they really want to help her, hut they cannot give her exactly what she wants. He added that, from a legal prospective, there is only so much the City can do and so much the City is responsible for and, what is being proposed exceeds what the City legally would have to do. After they do what is being proposed, the City will also maintain it and compact it. He added that, if she wanted to, Ms. Fruth could take a couple of days to think about it. Ms. Fruth stated that she cannot make a decision right now. Mayor Capra requested that City Attorney Glaser and City Engineer Statz take 15 minutes to continue this discussion with Ms. Fruth, Mr. Fischer, and their attorney in the office. She stated they should let the Council know if they would like another week to decide. City Engineer Statz stated that, if the Council is comfortable with one of the two choices, they would do whichever choice is made. Mayor Capra stated that the Council will also need to know what the cost will be. Councilmember Paar suggested that City Attorney Glaser and City Engineer Statz could also look at the situation with the culvert and drain tile on Mr. Fischer's land during their discussion in the office. City Engineer Statz returned later and stated that no decision had been made. He stated that Ms. Fruth would be given some time to make her decision. Motion by Council Member Broussard-Vickers. seconded bv Council Member Paar. to table Ms. Cathy Fruth's 7384 Old Mill Road driveway issue. Motion carried unanimously . VID. NEW BUSINESS 1. Res. #08-0XX: - Adonting Assessments on Old Mill Road Improvement City Administrator Larson suggested that the Council defer action on this Resolution until the next meeting so the attorney can analyze what they have and get additional advice from another one of the appraisers. Page 7 of 14 City of Centerville City Council Meeting July 9, 2008 Motion bv Mavor Can.... seconded bv Council Member Lakso. to table consideration of Res. I#08-0XX - Adontint! Assessments on Old Mill Road Imnrovements. until the next City Council Meetint!. All in favor. Motion carried unanimouslv. 2. Recommendation of Candidate to Fill Vacant Building Insoector/Public Works Technician City Administrator Larson stated that candidates had been interviewed, and a written recommendation was emailed to the Council, and is also in the Council's packet, to hire Richard Chase, who lives in Cottage Grove, Minnesota. They had suggested an incentive of up to $4,000, to help him to move within 10 miles of Centerville within 18 months. He stated that he knows that Councilmember Lee, who is not present, is very much against giving him the incentive, but Councilmember Lee did agree that they should have a response time included in the hiring policy. City Administrator Larson stated that they have a response time concern for their City Works people, and it would be better to have someone closer. He added that, if the person is farther away, that would make the response time more of an issue. He stated, however, that the person Mr. Chase would be replacing lived 25 minutes away. He explained that the incentive would be to help Mr. Chase move closer to Centerville. The other alternative would be to say that it is not acceptable for this employee to live that far away. Mayor Capra stated that, with public employees, it is different than the private sector as far as rules and regulations go. City Administrator Larson stated, because public employees are part of a Labor Union, they would have to negotiate with the Labor Union. The restriction about how far away an employee lives is not currently part of the policy, and imposing the term and condition has not been negotiated. Councilmember Lakso stated that there is a probationary period, where the City could test that person's ability to respond quickly enough. City Administrator Larson stated that it would not be easy for Mr. Chase to sell his house and move his family. Councilmember Broussard-Vickers stated that Mr. Chase seems to have everything the City is looking for. She suggested, however, that later they would need to look at the City's policy in regard to hiring in the future. She stated that they cannot do something retroactive. She recommended approving the hiring of Mr. Chase with the incentive. She stated that would be the reasonable thing to do for a highly qualified candidate. Mayor Capra stated that she can get to Woodbury in 25 minutes from Centerville. Page 8 of 14 City of Centerville City Council Meeting July 9, 2008 Councilmember Paar inquired whether there had been a discussion with Mr. Chase about him moving closer. City Administrator Larson stated that Mr. Chase expressed a willingness to try to move closer. He added, however, that he would not guarantee, even with incentive, that Mr. Chase would want to move. Councilmember Paar inquired whether, because it is a Union position, they would have to renegotiate with the Union that the employee must be within a certain number of miles from the City. City Administrator Larson replied that that is correct. He added that the current contract is through 2009. Councilmember Paar inquired whether Mr. Chase was a standout from the other candidates. City Administrator Larson stated that yes, he is. He stated that Mr. Chase has building official designation, has been trained using the new codes, and has 4-5 years of experience with Minnesota public transportation doing other public works job. He stated that Mr. Chase would be a good fit and could start right away without a lot of training. Councilmember Paar inquired about what if Mr. Chase's rotation came up, there was a major issue, and it took him hour to get here. By then someone else has been called. Councilmember Paar inquired whether we could then tell him he would have to move closer. City Administrator Larson replied that he would have to be able to handle the duties of the job. Councilmember Paar inquired whether that would also be the case on the union contract. City Administrator Larson replied yes, but it would have to be reasonable. Then you could do something about it, especially during the probation period. Motion by Council Member Broussard-Vickers. seconded by Council Member Paar to approve a conditional iob offer to Mr. Richard Chase at the pay seale presented and includinl! the incentive. subiect to results from his backtuound check and emplovment physical. All in favor. Motion carried unanimouslv. 3. Special Event & Raflle Permits - St. Genevieve's Catholic Church Awrust 3. 2008 - "Golden Boys" Benefit Contingent Upon Proper Insurance Documentation on File with the City (Pages 24-39) Page 9 of 14 City of Centerville City Council Meeting July 9, 2008 City Administrator Larson stated that this is for an additional raffle., and that they already have their insurance certificates filed with the City. He added that this is a benefit for a specific purpose., but it seems to be just fine. Motion by Council Member Broussard-Vickers. seconded by Council Member Lakso. to approve the Special Event and RafDe Permits for St. Genevieve's Catholic Church's AUl!Ust 3. 2008. "Golden Boys" Benefit. All in favor. Motion carried unanimouslv. 4. Res. #08-0XX - Identifying the Need for Livable Communities Demonstration Account Funding & Authorizing Aoolication Submission (Pages 40-41) Finance Director Meyer recommended supporting the development He stated that both are improvements: one is a townhouse site and the second is further assistance for Block 8 with a parking lot and widening of Centerville Road. Councilmember Broussard-Vickers inquired about the timing. She questioned whether we are applying too early and inquired whether what is on the board right now may not be the final product Mayor Capra inquired about the timeline for spending the dollars. Mr. Meyers replied that they have until 2012 to spend the dollars; however, they have motivated sellers right now that are affecting the situation, and requested that the application be considered. Motion by Council Member Broussard-Vickers. seconded by Council Member Lakso. to approve account fundi.n2 and authorize application submission of Res. #08-00 - Identifvim! the Need for Livable Communities Demonstration Grant Fundin20 All in favor. Motion carried unanimouslv. 5. Res. #08-0XX - City as Legal Sponsor for Redevelol>ment Grant Program & Submittal to DEED for Funding (Pages 42-43) Finance Director Meyer stated that they had to be prioritized because they submitted two proposals. He stated that there are redevelopment grant funds. He added that, they are requesting to apply for both Block 8 (C on the map) and Block 2, but the priority is for Block 8. He stated they could apply for the Block 2 Project through a DEED application process August 1, 2008. Motion by Council Member Pur. seconded bv Council Member Lauo. to table consideration of Res. #08-OXX - City as Le2al Sponsor for Redevelopment Grant Prolmlm and Submittal to DEED for Fundin20 All in Favor. Motion carried unanimouslv. Page 10 of 14 City of Centerville City Council Meeting July 9, 2008 IX. ANNOUNCEMENTSIUPDATES 1. City Administrator. Mr. Dallas Larson City Administrator Larson stated that he provided a written report to the Council regarding receipt of requests from residents to meet with City Engineer Statz. City Administrator Larson stated that this would not be good use of City Engineer Statz's time, but suggested that they could talk to him on the telephone. Mayor Capra stated that she met with a dozen residents on Unity Avenue prior to the City Council meeting, and she informed them that the project is up for bid. She also informed them that the next time to have a say would be during the Assessment Hearing. She added that she explained to the residents that they are trying to do the least amount of improvements to provide them with the greatest length of time for payment. Mayor Capra inquired as to how long the timeline is to pay back the various dollar amounts. Mr. Meyer replied that they do not have a specific timeline. It would depend on the total amount owed. He added that the Council could look at it. City Administrator Larson stated that it was in the assessment as 10 years. Mr. Meyer stated that the residents can prepay at any point in time except to exceed the year length. Councilmember Broussard-Vickers recommended, for $5,000, charging $100 per month for 5 years and, for the larger amounts, charging $100 per month for 10-15 years. Discussion ensued. City Administrator Larson suggested having a Work Session to discuss this further. Councilmember Broussard-Vickers stated that once the numbers are available, the Council could have a Work Session. City Administrator Larson stated that he would not want the other residents to be at a Public Hearing at the same time as comer lot and special cases residents, as that could cause problems. City Engineer Statz stated that they would look at a front footage basis. Councilmember Broussard-Vickers stated that they expect to have the numbers by late September. City Administrator Larson stated that the assessments would start in May 2010. Page 11 of 14 City of Centerville City Council Meeting July 9, 2008 Mayor Capra stated that people feel the City should be more proactive with providing information to the citizens. She suggested that it may be helpful to do more in the newsletter, and maybe have an article once or twice a year in the newspaper. Discussion ensued about what is done now and if more should be considered. 2. Update on Police and Community-Oriented Policing and Problem Solving City Administrator Larson stated that there were 2 days of training, and all the Officers and Staff are participating. Mayor Capra stated that she attended for part of the day (July 9). She stated that Centerville, Circle Pines and Lexington were also represented. She added that, hopefully, this will give the officers additional tools to do their job. She stated that the goal is to be proactive with crime. Mayor Capra reported that the police caught a vandal in progress in LaMotte Park. City Administrator Larson stated that they caught a person who told police who the others were. Councilmember Lakso inquired about what was the time of day. City Administrator Larson replied that he believed it was at night. Councilmember Paar questioned whether there was any more vandalism at the Skate Park. City Administrator Larson stated that the City had completely painted over the vandalism, but the vandals did it again, and did a lot more damage ($3,000 - $5,000 worth). He added that, hopefully, when they are caught, they can get them to do community service and repaint it themselves. 3. Main StreetlCSAH14 Proiect City Engineer Statz reported that he attended the weekly meeting, and they are moving forward and anticipate moving into Stage 3. He stated that they were only supposed to get to Stage 2, but they will ask the County to be able to move to Stage 3. City Engineer Statz stated that he believes the County would allow that. He added that you would see that the road and corresponding utilities and grading would be down to County 54. Discussion ensued. Page 12 of14 City of Centerville City Council Meeting July 9, 2008 City Engineer Statz stated that they are slowing picking away material as they need it, as they move to the east. He added that, when they have finished picking at that pile, they would be opening up the road - possibly in September of this year. Mayor Capra inquired whether they are we going to do the downtown squares. City Engineer Statz replied that yes, at this point, the current plan is to pour concrete this year. He stated that by the northeast comer, there is an empty space where they will pour a lot of concrete. He added that they only had one contractor to work with. City Administrator Larson stated that, as soon as the rocks are put down, people will be able to drive on it. City Engineer Statz stated that he will know the date on July 10, and that he will get more information about Item 5. Councilmember Lakso inquired as to how they will inform residents. City Engineer Statz stated that they would post ''No Parking" signs 48 hours in advance. 4. Soil Contamination City Engineer Statz stated that they found new tanks in the ground (gas and diesel), and that the County would be doing an investigation. Mayor Capra stated that a lot of people buried fuel oil tanks years ago. City Engineer Statz stated that they will wait and see what the County's investigation turns up. He added that, when the County is doing their investigation, they will also be out there and watch what they are doing. 5. Planning and Zoning Commission's Meeting on Julv 1. 2008 - Fences and Signs Councilmember Broussard-Vickers reported that the Planning and Zoning Commission changed the location of where the fences should go. She stated that they settled on 10 feet back from front comer, as long as it did not create too much of a linear. She inquired whether that sounded all right to the City Council. Councilmember Paar replied that he would rather have that than have the equipment, that is stored on the side of their homes, in plain view. Councilmember Broussard-Vickers stated that the Planning and Zoning Commission also had a discussion regarding signs. She stated that, before this issue is addressed at a Public Hearing, it needs to be addressed by the City Council. She added that there were varying opinions, and that they were not in favor of restricting businesses too much. Councilmember Broussard-Vickers stated that she is not sure the City Council will agree Page 13 of 14 City of Centerville City Council Meeting July 9, 2008 with what the Planning and Zoning Commission decided. She added that she wants to make sure the Council has time to review it. City Administrator Larson stated that they would also be looking at Hugo's sign regulations and maybe Forest Lake's. Discussion ensued. 6. Cable Budget City Administrator Larson stated that the cable budget is based on "what if we lose this money." He stated that they are going to fight to keep it the way it is. He added that they want to streamline channels, but the City does not want to lose anything that they have. They are still looking at it. Mayor Capra stated that they can take free classes through Northwest Cable. 7. City Council Work Session Meeting - 2009 Draft Budget Mayor Capra announced that the July, 9, 2008, City Council Work Session Meeting will immediately follow the July 9, 2008, City Council Meeting, after a brief break. x. ADJOURNMENT Motion by City Attorney Glaser. seconded by Council Member Pur. to adiourn the July 9. City Council Meetinl!. All in favor. Motion earried unanimouslv. Mayor Capra adjourned the July 9, 2008, City Council Meeting at 8:16 p.m. Transcribed by: Bonita Kaska, Recording Secretary TimeSaver Off Site Secretarial, Inc. Page 14 of 14 City Council 2008-07-09- 8:20 p.m. Minutes of Work Session ~@~ ~~U'@f~ Present were Mayor Capra, Council Members Jeff Paar, Linda Broussard-Vickers, and Michelle Lakso. Also present was Mark Statz of Bonestroo & Assoc. Absent was Council Member Tom Lee, Finance Director John Meyer reviewed the draft budget for 2009. The budget as presented includes debt levy increases for the CSAH 14 Project and results in a modest increase in the tax rate. It is estimated that the levy as proposed would cost a $200,000 home about $60 per year. The Council discussed ways in which the City could accumulate funds to do street work in the future. Council member Broussard Vickers suggested that the City find a way to accumulate enough money so that the next time a major street project is needed, the city portion has been set aside so that bonding is needed only for the assessed portion. There also seemed to be consensus that if a surplus remained in the budget at year end, the balance should be reserved in an account for street improvements. The Council members will each go through the budget in detail and submit ideas for possible budget cuts to staff for review. Staff will respond to each of those ideas as to the impact of the suggested cut. Another work session to further discuss the budget was scheduled to follow the next council meeting. The meeting was adjourned at approximately 9:45 p.m. Dallas Larson, Administrator CITY OF CENTERVILLE tervi{{e *Check Summary Register@) 'E,lajj{t:5flCi{ 1857 Name Check Date 10100 MAIN STREET BANK Paid Chk# 023518 POSTMASTER 7/16/2008 Paid Chk# 023519 AFLAC 7/23/2008 Paid Chk# 023520 DELTA DENTAL 7/2312008 Paid Chk# 023521 HEALTH PARTNERS 7/23/2008 Paid Chk# 023522 IIMC 7/23/2008 Paid Chk# 023523 INDEPENDENT SECURITY SOLU 7/23/2008 Paid Chk# 023524 KAUFER, JAMES 7/23/2008 Paid Chk# 023525 LEROY & JOSEPH HOULE CONT 7/23/2008 Paid Chk# 023526 MENARDS - FOREST LAKE 7/23/2008 Paid Chk# 023527 MET. COUNCIL ENV. SERVo (SDS 7/23/2008 Paid Chk# 023528 MINNESOTA PIPE & EQUIPMENT 7/23/2008 Paid Chk# 023529 NORTHERN FOREST PRODUCT 7/23/2008 Paid Chk# 023530 PENFIELD, INC. 7/23/2008 Paid Chk# 023531 QWEST 7/23/2008 Paid Chk# 023532 SAM'S CLUB 7/23/2008 Paid Chk# 023533 TIME SAVER 7/23/2008 Paid Chk# 023534 WASTE MANAGEMENT 7/23/2008 Paid Chk# 023535 XCEL ENERGY 7/23/2008 Paid Chk# 500159E BI-WEEKL Y ACH 7/10/2008 Total Checks JULY 2008 Check Amt 07/18/089:35 AM Page 1 $450.68 2ND QTR UTILITY BILL - POSTAGE $32.20 J. MEYER - AFLAC $267.75 AUG. 2008 DENTAL INS. $2,645.00 AUG. 2008 HEALTH INS $75.00 K.SWEENEY ANNUAL MEMBERSHIP FE $110.39 SYSTEM MONITORING - P.W. $10.00 REFUND OVER PO C08-044 ELECTRI $1,000.00 TREE REMOVAL $327.78 PAINT FOR VANDALISM AT THE PAR $13,530.63 AUG. 2008 WASTEWATER SERVICES $394.11 WHITE TRAFFIC STRIPING PAINT & $6,335.21 TAX ABATEMENT PAYMENTS 5 OF 10 $500.00 7384 -7396 OLD MILL RD - PROPE $55.63 651-426-6579 PH SERV THRU 7-31 $236.45 SUPPLIES $623.74 6-25 & 7-9 COUNCIL MEETING $4,362.32 PAYMENT-"" Sf,rj""'l C~V\4,p Zcof) $1,805.43 1745 MAIN & 7098 CENTERVILLE R $16,334.07 $49,096.39 Note: There will be an updated list of disbursements for approval on 7-23-08. CENTENNIAL FIRE DISTRICT Check Register FIRE GL page: 1 GL Posting Period(s): 07/08 - 07/08 Jul 07, 2008 09:52am Check Issue Date(s): 07/01/2008 - 07/07/2008 Per Date Check No Vendor No Payee Invoice Description Inv Amount 07/08 07/07/08 3318 10750 ANOKA CO CENTRAL COMMUNICA APRIL-DEC 2008 RADIO 1,304.55 SERVICE CONTRACT 07/08 07/07/08 3319 11565 ASPEN MILLS UNIFORMS 44.55 07/08 07/07108 3320 20140 MILO BENNETT PRINTER CARTRIDGES 145.12 COMPUTER MEMORY 118.00 Total 3320 263.12 07/08 07/07/08 3321 30480 CENTENNIAL UTILITIES MAY UTILITIES STATION 170.61 1 07/08 07/07/08 3322 30485 CENTER MART FUEL 244.46 07/08 07/07/08 3323 30490 CENTERPOINT ENERGY JUNE GAS STATION 2 101.93 07/08 07/07/08 3324 31008 COMCAST STATION 1 INTERNET 94.00 07/08 07/07/08 3325 31137 CONNEXUS ENERGY MAY ELECTRIC 359.79 STATION1 07/08 07/07/08 3326 50120 EMERGENCY APPARATUS MAlNT, ENGINE 11 MTC 148.13 07/08 07/07/08 3327 130348 MCLEOD USA PHONES 397.90 07/08 07/07108 3328 130440 METRO FIRE, INC 12 PAC /I HOODS 208.45 12 HELMETS 1,769.79 Total 3328 1,978.24 07/08 07/07/08 3329 150140 OFFICE DEPOT, INC SAFETY CAMP 154.13 SUPPLIES 07/08 07/07/08 3330 170180 awesT COMMUNICATIONS 55.14 07/08 07/07/08 3331 180350 RIVERA FINANCE SAFETY CAMP BIKE 615.60 HELMETS 07/08 07/07/08 3332 180500 RANDY ROLSTAD ENGINE 31 FUEL LINE 26.48 FOR GENERATOR 07/08 07/07/08 3333 220200 VERIZON WIRELESS COMMUNICATIONS 3.12 Totals: 5,961.75 M = Manual Check, V = Void Check CENTENNIAL LAKES POLICE DEPT Check Register POLICE GL GL Posting Period(s): 06108 - 06/08 Check Issue Date(s): 06/13/2008 - 06130/2008 Page: 1 Jul 07,2008 11:46am Per Date Check No Vendor No Payee Invoice Description Inv Amount 06/08 06/19/08 6816 80250 HEALTH PARTNERS JULY HEALTH INS 8,196.80 M 8,196.80 Totals: M = Manual Check, V = Void Check CENTENNIAL LAKES POLICE DEPT Check Register POLICE GL Page: 1 GL Posting Period(s): 07/08 - 07/08 Ju110, 2008 10:36am Check Issue Date(s): 07/01/2008 - 07/10/2008 Per Date Check No Vendor No Payee Invoice Description Inv Amount 07108 07107/08 6817 31137 CONNEXUS ENERGY MAY ELECTRIC 1,593.09 07108 07107108 6818 160420 PITNEY BOWES POSTAGE BY PHON POSTAGE 194.99 07108 07/07108 6819 210040 U S BANK 1ST QTR HSA PAYMENT 15,625.00 07/08 07/10108 6820 10155 ACTION FLEET, INC NEW 08 FORD VEHICLE 5,267.47 SET UP REMOVAL OF EQUIP FOR 615.04 NEW SQUAD Tota/6820 5,882.51 07/08 07/10108 6821 10500 AMERICAN GOODYEAR-GEMINI TIRES 782.72 07/08 07110108 6822 10590 AMERICAN MESSAGING JULY PAGER SERVICE 37.53 07108 07/10108 6823 10600 AMSAN TISSUE 170.16 07/08 07/10108 6824 10750 ANOKA COUNTY BOO MHZ RADIO SERVICE 1,132.65 CONTRACT THRU 12-08 07108 07/10108 6825 11300 APPUED CONCEPTS, INC RADAR EQUIPMENT 1,871.00 07108 07/10108 6826 20140 BARNUM GATE SERVICES, INC GATE REPAIR 145.00 07108 07/10108 6827 30055 CSKAUTO,INC CAR WASH SUPPLIES 21.22 07/08 07/10108 6828 30063 CP TELCOM PHONESlLONG DlST 344.67 07108 07/10108 6829 30480 CENTENNIAL UTIUTIES MAY UTIUTY CHARGES 322.52 07108 07/10108 6830 31253 COVERAll OF TWIN CITIES, INC SERVICE PART JUNE 264.47 JULY CLEANING 795.29 SERVICE Total 6830 1,059.76 07108 07/10108 6831 40170 DAKOTA COUNTY RECEMNG CENT DETOX TRANSPORT 67.00 07108 07/10108 6832 40200 DELL MARKETING LP. PHOTO PRINTER CABLE 117.33 DELL PHOTO PRINTER 120.80 Total 6832 238.13 07108 07/10108 6833 40300 DELTA DENTAL AUG DENTAL 814.15 07108 07/10108 6834 40700 OON'S CIRCLE SERVICE, INC VEHICLE MTClREPAlRS 1,062.53 07108 07/10108 6835 60650 FRATTALLONES HARDWARE, INC. OFFICE SUPPLY 79.78 07108 07/10108 6836 70500 GRAFIX SHOPPE, INC SPEED TRAILER 127.29 GRAPHICS 07108 07/10108 6837 110190 EMILY KIRCHNER REFRIG H2O FILTERS 106.46 07108 07/10108 6838 110204 KNOWlAN'S SUPER MARKETS COFFEE 9.99 07/08 07/10108 6839 110230 ANGElA KRUYER CUFF STRAP 12.79 07108 07/10108 6840 120195 MATHEW LANGRECK TOBACOO COMPLIANCE 15.00 CKS 07108 07/10108 6841 130358 MEDTOX PRE-EMP MED TESTING 48.70 07108 07/10108 6842 130840 UN DEPT OF PUBLIC SAFETY 2ND QTR CJDN 390.00 CONNECT CHGS 07108 07/10108 6843 131280 MUl TlCARE ASSOCIATES, INC PRE-EMP TESTING 87.00 07108 07110108 6844 1<40370 NEXTEL COMMUNICATIONS JUNE CELL PHONE 156.32 SERVICE 07108 07110108 6845 150100 OFFICE MAX CONTRACT, INC OFFICE SUPPLIES 19.15 TONER 148.40 Total 6845 167.55 07108 07/10108 6846 160250 PETTY CASH / BRITNI AUSTIN POSTAGE 59.57 07108 07/10108 6847 160517 POSTNET POSTAGE 22.27 07108 07/10108 6848 190375 SELECT ACCOUNT MAY/JUNE PARTICIPANT M = Manual Check, V = Void Check CENTENNIAL LAKES POLICE DEPT Check Register POLICE GL Page: 2 GL Posting Period(s): 07/08 - 07/08 Ju110, 2008 10:36am Check Issue Date(s): 07/01/2008 - 07/10/2008 Per Date Check No Vendor No Payee Invoice Description Inv Amount FEES 50.00 07108 07/10108 6849 Void Check V 07108 07/10108 6850 190390 SHRED RIGHT, INC SHREDDING 61.37 07/08 07/10108 6851 190625 SPEEDWAY SUPERAMERICA LLC JUNE FUEL 6,082.48 07/08 07/10108 6852 190910 STREICHER'S AMMO 617.70 07108 07/1 0108 6853 200043 TELECIDE PRODUCTIONS, INC NETWORK SUPPORT 120.00 07108 07/10108 6854 210110 UNIFORMS UNLIMITED, INC UNIFORMS 149.97 07108 0711 0108 6855 210127 UNICARE LIFE & HEAlTH INS. CO. AUGUST L1FElDISABILITY 150.00 INS 07108 07/10108 6856 210300 UPPER MIOVVEST COMM POLICING CONSULTING 3,900.00 07108 07/10108 6857 230160 WALlEN-FRIEDMAN & FlOYD, PA APRIL LEGAL FEES 323.75 07108 07/10108 6859 190385 SHERBURNE CO SHERIFFS OFFICE SUBPOENA SERVICE 66.00 Totals: 44,168.62 M = Manual Check, V = Void Check ,~. '~. ' .~ etiltervi{[e 'EstaJj[ished 1857 1880 !Main Street, Centervi{[e, 'M2V 55038 651-429-3232 or P,q: 651-429-8629 July 14, 2008 Mr. & Mrs. Michael Carter 6913 Sumac Court Centerville, MN 55038 Dear Mr. & Mrs. Carter: Per your request, the item of Hunter being designated a "potentially Dangerous Animal" is being placed on Council agenda for Wednesday, July 23, 2008. This will be your opportunity to appeal the Centennial Lakes Police Department's determination. Council will meet in Council Chambers located at 1880 Main Street, Centerville, Minnesota. The meeting starts at 6:30 p.m.; however, your item may be discussed sometime following the start of the meeting. If in the meantime you have any further questions or concerns regarding this item, please do not hesitate to contact me. Sincerely, Q~ Dallas Larson City Administrator Cc: City Attorney Glaser Property Owner - 6907 Sumac Court Victim July 1, 2008 Barbara & Michael Carter 6913 Sumac Court Centerville, MN 55038 Dear Mr. & Mr. Carter, On May 18, 2008, your dog "Hunter" described as a yellow lab was able to crawl under your fence and bite a juvenile female. (Centennial Lakes Police Department ICR #08- 111774) You are hereby notified pursuant to Centerville Ordinance 90.30 that your dog has been designated a POTENTIALLY DANGEROUS ANIMAL. According to Centerville City Ordinance 90.30 an owner of a potentially dangerous animal must be notified in writing. (90.30, C-l) If the owner of an animal elects to appeal it shall be referred to the City Council for a hearing. (90.30, C-2) If you do not wish to appeal this designation, you must fulfill the four requirements under the Potentially Dangerous Dog ordinance within fourteen days. See attached requirements. A Community Service Officer must be called to verify that you have complied with the ordinance requirements before the fourteen day period or your dog may be seized. I have enclosed a copy of the Centerville Ordinance 90.30 thru 90.99 on Dangerous and Potentially Dangerous Animals. Please contact the Centennial Lakes Police Department or the City of Centerville at 651-429-3232 should you have any questions regarding these ordinances. Sincerely, Robert A. Makela Chief of Police Cc: Community Service Officers Austin & Kirchner tervi{{e 'EstaJj{jshed- 1857 1880 9rlain Street, Centerviffe, 'M!N 55038 651-429-3232 or <F~ 651-429-8629 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE Res. #08-0 A RESOLUTION ADOPTING SPECIAL ASSESSMENTS ON IMPROVEMENTS ASSOCIATED WITH A PORTION OF OLD MILL ROAD AS OUTLINED BELOW WHEREAS, pursuant to proper notice duly given as required by law, the council has met and heard and passed upon all objections to the proposed assessment for improvement of Old Mill Road from a point approximately 200 feet north of Revoir Street to the north city limits by installation of watermain, sanitary sewer, street pavement, curb, storm sewer and related drainage improvements, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CENTERVILLE,MINNESOTA, 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby adopted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in annual installments extending over a period of 15 years, the first installment to be payable on or before the first Monday in January, 2009 and shall bear interest at the rate of 5.5 percent per annum from the date of the adoption of this assessment resolution. Each installment shall include interest to December 31, of the year of collection. 3. The owner of any property so assessed may , at any time prior to certification of the assessment to the county auditor, pay the whole or part of the assessment on such property with interest accrued to the date of payment, to the City Administrator, except that no interest shall be charged on any amount paid within 30 days of the adoption of this resolution; and he may at any time thereafter, pay to the Administrator the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged to December 31 of the next succeeding year. 4. The Administrator shall file the assessment rolls pertaining to this assessment in the office of the county auditor, such that installments of principal and interest will be collected as due with taxes on each parcel ofland included in the assessment roll. Adopted by the Council this _ day of ,2008. Mary Capra, Mayor Attest: Teresa Bender, City Clerk Dallas Larson From: Sent: To: Cc: Subject: Doug Fischer [Doug.Fischer@co.anoka.mn.us] Monday, July 14, 20086:33 AM dlarson@centervillemn.com Andrew Witter; Jane Rose; Rhonda Sivarajah; Mary Capra Re: Guard Rail-CSAH 21 ~ ~~ y ~~ Dallas, Per your request, Anoka County conducted a review of a need for guardrail along CSAH 21 in the vicinity of Center Street. Based on this review, we will not be proceeding with a guardrail or other modification. We prepared an analysis of the existing section for meeting standards, crash incidence, and cost to cure. A brief summary is provided herein: When compared to reconstruction standards for state aid routes of this speed and ADT, we agree that this roadway section is deficient in shoulder width, inslope and clearzone. Short of a total reconstruction (which is cost prohibitive), two solutions were analyzed: 1.) guardrail installation, and 2.) inslope flattening, ditch filling & pipe installation. Guardrail itself is a roadside hazard, especially in this case where it is very close to the traveled lane, creates sight obstructions at intersections, and prevents the proper clearing of snow from the roadway. Therefore, unless we have a more hazardous obstruction that we are trying to prevent vehicles from hitting (and an established history of these crashes), we generally rule out this treatment. We did cost out installation at this location at $27,000. The preferred method would be to flatten out the ditch and clear all obstructions from the right-of-way. However, this would require the filling of the roadside ditch and the installation of a pipe to convey the drainage through this area. The cost estimated for this work is $57,000. We conducted a 5-year crash review for this segment of road for the reporting periods of January 2002 through December 2006. Our review showed 4 crashes: 1 vehicle hitting a mailbox south of Center Street, a sideswipe crash for a turning vehicle with another on Meadow Lane, a 90-degree crash at Heritage Street, and a 90-degree crash at Sorel Street). None of these crashes reported personal injuries and were property damage only. It also appears that there were no incidences involving the inslope and ditch. It appears that neither a guardrail installation nor a inslope grading project would have prevented these types of crashes. In conclusion, we do not have a crash history related to the inslope and ditch, guardrail installation will create more of a hazard, and slope flattening is very expensive related to the lack of correctable crashes. Therefore, we will not be proceeding with a guardrail or grading project at this time. If you have any questions regarding this review, please let me know. Douglas W. Fischer, P.E. County Engineer Anoka County Highway Department 1440 Bunker Lake Boulevard NW Andover, MN 55304 Phone: Fax: E-mail: 763-862-4213 763-862-4201 doug.fischer@co.anoka.mn.us At the Anoka County Highway Department, our Passion is your safe way home. >>> "Dallas Larson" <dlarson@centervillemn.com> 07/07/2008 12:48 PM >>> 1 L_ Attached is a letter requesting that you look at the possibility of guard rail on part of CSAH 21. Thank you. Dallas Larson, Administrator City of Centerville 651-429-3232 NOTICE: Unless restricted by law, email correspondence to and from Anoka County government offices may be public data subject to the Minnesota Data Practices Act and/or may be disclosed to third parties. This email has been scanned by the MessageLabs Email Security System. For more information please visit http://www.messagelabs.com/email 2 .. Bonestroo Owner: City of Centerville, 1880 Main St., Centerville, MN 55038 Date July 15, 2008 Contractor: Allied Blacktop, 10503 89th Ave. N., Maple Grove, MN 55369 Bond Company: Western Surety Co., P. O. Box 5077, Sioux Falls, SD 57117 Bond No: 929456494 CHANGE ORDER NO. 1 2008 STREET SEAL COAT BONESTROO FILE NO. 000616-08166-0 Description of Work This Change Order is in response to a City of Centerville Public Works Department request to extend the completion date and delay the seal coating work for the 2008 Seal Coat Project per the dates listed below because of all the roofing companies that are in town repairing roofs and siding from the storms that have damaged property in the City. Part A: Part A of this Change Order changes the project substantial completion date and ready for final payment with paragraph 14.07 of the General Conditions from August 29, 2008 to September 19, 2008. Part B: Part B of this Change Order requires the Contractor to start seal coating no earlier than August 18, 2008. Part c: Part C of this Change Order requires the Contractor to start the initial sweeping no earlier than September 8, 2008. All sweepings are still required to be delivered to the Public Works Building in Centerville, MN. Part D: Part D of this Change Order states that the Contractor is still responsible for the warranty of their work per the specifications and project requirements. Part E: Part E of this Change Order states that no additional payment to the Contractor is provided for this extension. 61608166CHOl.xls Original Contract Amount Previous Change Orders This Change Order Revised Contract Amount (including this change order) CHANGE IN CONTRACT TIMES Original Contract Times: Substantial Completion (days or date): Ready for final Payment (days or date): Increase of this Change Order: Substantial Completion (days or date): Ready for final Payment (days or date): Contract Time with all approved Change Orders: Substantial Completion (days or date): Ready for final Payment (days or date): Recommended for Approval by: BONESTROO Approved by Contractor: ALLIED BLACKTOP Date cc: Owner Contractor Bonding Company Bonestroo & Assoc 61608166CHOl.x1s August 29, 2008 September 19, 2008 Date: $104,975.00 $0.00 $0.00 $104,975.00 Approved by Owner: CITY OF CENTERVILLE Date RECEIVED JUN 2 0 2008 CENTERVILLE. MN June 19,2008 Mr. Dallas Larson City of Centerville 1880 Main Street Centerville, MN 55038 RE: APPROVAL OF 2009 NORm METRO TELECOMMUNICATIONS COMMISSION BUDGET Dear Mr. Larson: Enclosed, please find for the council's review and approval the 2009 North Metro Telecommunications Commission Budget. L 2009 BUDGET The Commission's operating budget for 2009, which includes franchise fees that go back to the cities, is proposed at $1,241,763. This is an increase of5.l% over the 2008 budget. The increase is due to a recommended 3% salary increase for staff, a proposed franchise and PEG fee audit of Comcast, increased legal fees, and inflation and fuel related costs. Capital costs of$392,474 include video production equipment, a reader-board sign for the building, production truck body work and logo application, and the building bond payment. Recommendation: That the Member Cities approve the 2009 Commission Budget as recommended by the Telecommunications Commission and the Operations Committee. D. 2009 PEG FEE In addition to the budget, the Commission and Operations Committee have also proposed an increase in the subscriber's monthly PEG fee from S2.821month to S2.9OImonth. The Memorandum of Understanding between the Member Cities and Corneast allows for an annual cost of living increase in the PEG fee. The eight-cent increase represents a 2.8% CPI average. The increased funding is necessary for North Metro TV to meet staffmg and equipment goals. Recommendation: That Member Cities approve an increase in the PEG fee to $2.90/month as recommended by the Telecommunications Commission and Operations Committee. 12S20PolkStreetNonheast. Blaine. MN 554)4 Phone: (612) 780-8241 Fax.' (612) 78()..8242 Blaine - Centervil/e - Circle Pines - Ham Lake - Lexington - Lino Lakes - Spring Lake Parle Page 2 The Joint Powers Agreement states, "submitted budgets shall be deemed approved by a Member City unless, prior to October 15 preceding the effective date of the proposed budget, the Member City gives notice in writing to the Commission that it is withdrawing from the Commission." I want to thank the Commission directors, staff, and the Operations Committee for their efforts in preparing these budgets. If you have any questions about either budget please consult with your Commission director or City Administrator. I look forward to working with all parties, throughout the remainder of 2008, toward reaching the full potential of North Metro TV and to increase both the quality and quantity of community programming in 2009. Sincerely, illowL6~ Deborah O'Brien Chair, North Metro Telecommunications Commission Ene. 2009 North Metro Telecommunications Commission Budget Talking Points Format · There is one budget for the organization, with two departments. · The two departments are production and administrative. · There is a column on the right side of the budget reflecting each department's percentage responsibility for each line item. · The estimated fund balance/revenue/expenditures cover sheet shows estimated fund balances at the beginning of2009, estimated revenues, expenditures as reflected in the budget, and then the estimated fund balances at the end of the year, including a column that shows how much that fund balance increased or decreased over the amount in the fund at the beginning of the year. Overall Omanizational Goals · To participate in national and local legislative and legal challenges to protect funding for community television. · To expand alternative sources of funding for community television, including the sale of spots around streamed or video on demand programming on northmetrotv .com. · Maintain current equipment systems by replacing or upgrading them. · Erect a reader-board monument style sign to improve public recognition of North Metro TV and its services. · Upgrade the appearance of the production truck via bodywork and new logos. · Continue to provide program playback and channel management services, computer and video equipment maintenance and consulting services, program production and event coverage services, and public access to television production for our cities, schools and general public. Estimated Fund BalaDceIRevenueslExDenses · The beginning fund balances for 2009 are estimates based on previous allocations, planned spending for 2008, and estimated income. · Estimated revenues include: Franchise fees based on the actual first quarter franchise fee payment. PEG fees based on 2.90 per subscriber per month at 19,250 subscribers. It should be noted under the recent FCC order PEG fees may not exist in the very near future. The order is being challenged, but this is a gray area as far as income is concerned. Other income includes dub fees, sponsorship spots, equipment rental, and production services. Interest income is estimated based on the first quarter interest earnings of this year. · Estimated expenditures include the operating expenses, and capital expenses as outlined in the proposed 2009 budget. For pUlposes of easy identification the I P.I franchise fees going back to cities have been broken out of the operating expenses on the Financial Summary Sheet. Franchise fees back to cities are included under administrative expenses in the actual budget. Franchise fees back to cities were set at $200,000. · The year end fund balances include: o The Operating reserve at 25% of the operating budget. o Accrued vacation, sick and comp time. Because of funding uncertainties, there may be a need to payout most or all of the accrued time. Therefore, it has been included as a reserve fund. o The Capital equipment fund is money set aside for the purchase of major video production equipment systems. o The truck replacement fund is to replace the production tnlck. The current truck is seven years old. It may need to be replaced in six to seven years. The cost of replacement is 175,000-185,000. o The building repair fund is to cover major costs related to the building such as window, roof, furnace, AC replacement and painting, carpet replacement etc. o The bond reserve is an amount required by our bond resolution, intended to be the final payment of the bond. Bude:et . The recommended operating budget for the organization totals $1,241,763. This number includes franchise fees back to the cities and is a 5.1 % increase over last year's budget. The increase is due to a recommended 3% salary increase for staff, increased legal fees, a franchise and PEG fee audit of Comcast, and fuel and inflation related expenses. · Franchise fees back to cities are included under administrative expenses. · The building bond payment is included under capital expenses. . Equipment purchases in 2009 include upgrading the Studio A control room to a digital format, the addition of a fourth encoder to master control to increase simultaneous encoding capabilities, replacing worn-out record decks, and upgrading audio systems in editing suites. Truck equipment includes a dual digital replay system to replace the malfunctioning Omega replay system. . Additional recommended capital expenditures include body work for the production truck, and a monument style reader-board sign. Closine: Points . We have created a thriving and dynamic service for our cities, schools, producers, and viewers. Through program playback and channel management, computer and network consulting, video equipment consulting, and video production services, our cities are seeing real benefits from their investment of franchise fees and PEG fees. Our cable subscribers are benefiting from this investment with educational L_ 2 P.2 opportunities, and varied, informative and interesting programming regarding their communities. · We will do the best we can, with what we have, to continue to provide these services. Our primary goa), going forward, will be to work with the Operations Committee and Cable Commission to devise a strategy for dealing with a changing environment. · It was recommended that the PEG fee be increased by the allowable CPl. The average CPI for 2007 was 2.8% resulting in an eight-cent increase from 2.82 to 2.90, effective January 1, 2009. . 3 P.3 North Metro TV 2009 Goals i I I ' P.4 I , I i II' ~ ) 1 ; II-i 111 '..l j) ( ) , I Ji Municipalities' ability to collect fees for public, educational, and governmental access (pEG), above and beyond franchise fees, continues to face powerful challenges. The FCC has approved two franchising orders that have the potential to eliminate all funding for the operation of PEG facilities above and beyond the 5% franchise fee. The Orders are being challenged, with arguments for the appeal having been presented before the Sixth District Court, in February of 2008. A decision is expected soon. That decision could have a huge impact on the operation of North Metro TV. In addition to FCC actions, attempts continue to be made in the Minnesota legislature to move toward statewide franchising. While the previous fervor to adopt statewide franchising laws in Minnesota has calmed with the changing priorities of Qwest, a Franchise Study Bill was signed into law in May of 2008. The University of Minnesota will be commissioned to study the effects of statewide franchising, in a minimum of three states that have adopted such laws. The law states that municipalities and communities of color must be consulted during the study. It will be important to remain vigilant throughout this process. The Commission and Operations Committee have been closely monitoring FCC and legislative activity. The potential loss of such a significant amount of funding could necessitate fundamental changes in the North Metro Telecommunications Commission's operation. Choices will have to be made that could result in loss of services, reduction in franchise fee income for cities, or a combination of both. While our current franchising procedures and funding mechanisms have allowed the North Metro Telecommunications Commission operation to thrive, the very real threat to our funding presents us with challenges that will most likely need to be addressed, beginning as early as 2008 and certainly into 2009. While the potential financial uncertainties can be very distracting, we will continue to provide all of the services our cities, schools, and citizens have come to rely upon, as long as we can. We are very intent upon developing new sources of income, maximizing our visibility in the community and awareness of the benefits of having a community television facility. We will also do whatever we can to insure our political leaders are well infonned regarding the impact changes in franchising laws could have on municipalities and community television. We look forward to a year of development and growth, but are prepared to make any operational changes necessary, to insure the survival of community television in the North Metro. I I P.5 J' I" I IIII t' (,I \ [11'1 I,' Regardless of what happens to PEG fees, developing alternative soW'Ces of revenue makes sense for the organization. As such, staff will continue to enhance various funding resources. At this point, it seems that the most lucrative income sources we can incorporate, that would result in the least change to current operations/services, include: · Selling DVD copies of our programs · Creating sponsorship spots and selling time on the channel · Selling ad space on the website around live streamed programming and Video On Demand · Rental of equipment We are currently earning income from the sale of DVDs and sponsorship spots. Promotion of spots available on our website, and rental opportunities for our equipment, will be priorities in 2009. Staff has already created an equipment/production crew rental rate card. The next step will be to identify and target potential equipment rental clients and aggressively market the service. Sales of sponsorship spots on the website will be handled similarly to spots on the channel. However, as the potential area of distribution for internet spots will be unlimited compared to the cable channel, we will need to consider that value when developing a rate card. , I , , It'; J ' \ A big goal for staff in 2009 will be to increase NMTV's visibility in the community. We have worked very hard to ensure that our seven member cities, three school districts, and even local businesses are aware of who we are and how we can benefit them. We really want to concentrate on ways to improve recognition of our existence and services to the general public. We have identified several methods for doing so: · Maintaining relevant, informative, interactive website that offers complete information regarding our services, and streaming video and video on demand. · Promotion of the website via our channel, flyers at van shoots, news articles, billboards, and press releases. P.6 L---___ · A makeover of the production tnlck. The current vehicle is seven years old and has sustained some dings and scratches. We would like to have some body work done, have the truck repainted and then have new graphics applied to the body. The truck, which is one of the most visible pieces of equipment we have out in the community, is CWTeDtly displaying an old logo. · We would like to have a monument sign with an information board erected on the south side of the building, on the comer of Polk and 242. This is a very busy street. Having an electronic message board in that location would allow us to introduce our services to many motorists. · We plan to purchase at least one billboard a year, in varying areas ofthe North Metro, to advertise our services. · We will work to create a sponsorship swap with local newspapers, so that we will promote them at our games, and they will include press releases and articles regarding our services on a regular basis. I ' I" I," I I ( I ) 1 \ I I \ , t 1\ Creating mutually beneficial partnerships with area organizations is important to us. One very promising partnership is with the National Sports Center. Currently we tape events there and put them on our channel. Soon we will also be streaming events via our website. The Sports Center is interested in making taped events available on a pay-per-view basis via their website. If we were to provide the taped program they would share the pay-per- view earnings with us. Other financial arrangements include the mass purchase of DVD copies of events we tape at the Sports Center. We sell the DVDs at a reduced rate, because of the bulk order, allowing them to resell them at a higher rate. We earn money from a bulk sale ofDVDs and also benefit from the marketing of the DVDs undertaken by the Sports Center. Weare also interested in working on some sort of a deal for coverage with the Minnesota Thunder Soccer organization. The team is moving back to the National Sports Center and we have been in contact with them. The team does not currently have money allocated in their budget for television coverage, but is interested in partnering with NMTV. We could begin with sponsor tie-ins. We could increase our visibility, and sponsors might be more interested in buying time around a professional sport. We would try to cover many of the games live. There are many possibilities to explore. P.7 I' I III 'j-" - I' ., 'I _ I j,' I" r The Commission has done an excellent job of replacing the equipment in our major production areas. All of the major systems are fairly new, including the production truck equipment, master control, Studio B, and the portable equipment. The Studio A cameras were upgraded to a digital format in 2007, leaving the only major area in need of upgrading the control room for Studio A. As such, we are recommending a digital upgrade that includes a switcher, audio systems, routers, and monitors. The cost for this upgrade will be $70,000. While major system replacement in other areas won't be necessary for a while, it would be prudent for us to upgrade or add some equipment: · Adding audio recording capabilities and replacing worn out tape decks in our non- linear editing systems is highly recommended. · We should also replace one camera, some microphones, and light kits in the public portable equipment inventory. · We will need to replace the Omega drives in the production truck with a new digital replay system, as the Omega drives are experiencing mounting problems. · It would make sense to add an additional encoder and corresponding audio routers to master control. This will increase our simultaneous encoding capabilities, which is important when multiple city meetings are taking place at the same time. · A laptop MAC editing computer and HD camcorder are recommended to improve the quality of sponsorship spots for both the channel and our website. Clients have expressed interest in HD spots. A table of recommended equipment purchases for 2009 is attached to this report. ~ ( I I I I j' ,: I ! I I: I' ,! . I \ ll,~' . - Being engaged in the legal struggles against elimination or reduction of PEG funding, channel location, and services will continue to be a priority in 2009. We will remain involved in the process in any way we can, and we will work to ensure that our local and national legislators are aware of the issues and our opinions regarding them. P.B L_ _ _ I)!J J I 1'1' Weare currently at the maximum PEG fee allowed by our Memorandum of Understanding. We are, however, allowed to increase that level annually to cover cost of living increases. According to the Bureau of Labor Statistics, the average CPI for 2007 was 2.8%. Increasing the current PEG fee by this amount results in an eight-cent increase per subscriber, per month, to $2.90. No one really knows what is going to happen to PEG fees. As long as they remain a source of revenue for the organization, we should take advantage of our ability to collect them, at the allowable rate. r ('1" I) I' ,II While it's not easy to remain unaffected by the turmoil surrounding franchising and PEG funding issues, the NMTV staff continues to work very hard to provide the programming and services our cities, schools, and the general public have come to expect. It's difficult to predict which way the ruling on the FCC Order will go. It is also difficult to know how statewide franchising legislation may impact us, not to mention any other number of issues that may arise. As such, the budget for 2009 has been prepared based on current funding circumstances. It is understood that circumstances in 2009 may require that the budget be amended. P.9 h{tiri]~ll\I'&tr-G t1z:iJ:::r.:r."JiiHHiJlmfftt?JiE C~nHi'dE:fJt~j~' . 7.n Q ~ l.-U ~ t~ 1 ~ r~fV-', (c' }-:-lfI/;J J~ (.J ~y f::t:~ q[ liun: 1.~IJj(., \ :U:JUl("f.,J;1i ;:\:\'lJIJU:~-f[~q~;::llI!JriJ r'::~l _ _ ' BEGINNING FUND BALANCES Operating Reserve Accrued Vac, Sick, Comp Capital Equip. Fund Truck Replacement Fund Bldg Repair Reserve Bond Reserve ESTIMATED REVENUES Franchise Fees PEG Fees (19,250 subs at 2.90) Other Income Interest Income ESTIMATED EXPENDITURES Operating Expenses Capital Expenses Franchise Fees Back to Cities YEAR END FUND BALANCES Operating Reserve Accrued Vac, Sick, Comp Capital Equip. Fund Truck Replacement Fund Bldg Repair Reserve Bond Reserve $245,276 $80,000 $413,721 $83,000 $80,000 $182,658 t<2~'l~fu,', ,",,: f'~ t!IJJ~iti--{.~1 $889,224 $670,000 $30,000 $55,000 lro;;-rr.~Lb~< > " .~ "" -;':',' '(11:r;f.v;.'Cl:;.t,,' 1~~1\l(-~ ,\ :. "'." 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I 21 000.00 1 I 21 .00 WClhIer ANP1A AudIo MonIDr s 1 000.00 1 s 1 000.00 Sub Total: S 22.lIIID..00 StudIo A I- I 2 500.00 1 S 2 .00 ConlnlI Room s 70 000.00 1 s 70 000.00 WIIIchw IIlCIIIIDa deck COIMNIan kIlII Sub T_: I 72.1IOOJIO Staff Portable IMAC I 4 000.00 1 S 4 000.00 ISCrMtD C8mconIer S 7 000.00 1 S 7 000.00 DVIHD PIav Deck s 2500.00 1 s 2 500.00 lub Total: S 13100.00 PublIc PorlabIe MBI8 SeI..d1l11lr MIo'Cue 390.00 2 S . &tin M387 AudIo M11C111' 800.00 2 I 1 .00 Lowell DV Cre8tor 1 UahI KI 1 100.00 2 I 2 .00 GeII 300.00 1 S 300.00 PnxI8 1 500.00 1 S 1 500.00 PIfnter for ChlckoQJl room 150.00 1 I 150.00 Boam Pole 133.00 1 I 133.00 SennhIIIer PIaloI GrID S 330.00 1 S 330.00 SennhIIIer IHmD S 314.00 1 I 314.00 Cllnon DV C8mc0rd... I 3 300.00 1 I 3 3lIO.00 Sub Total: S 10.207.00 PublIc EdIIIna EV RE20 EIec:IrcMlIce MclIInculI " 1114.00 2 S 1 828.00 MecIde.02 VLZ3 4-aI8nnII Mxer I 130.00 2 S zeo.OO MAC Pro S 2 800.00 1 I 2 800.00 VIlIw SonIc VA1912wb MonItllr S 230.00 2 I 480.00 TlrnI c-M IlOOGB 0Ihe S 300.00 2 S 800.00 DVIHD PlaY Deck I 2.500.00 1 I 2 500.00 DeIk I 400.00 1 I 400.00 !SUII Total: S l.14li.00 I Staff EdItIna ~ EdIt ConlraIlebIe Deck s 5 500.00 1 S 5 500.00 Sub T~: S 5.IIJD.GO Mut8r Cor*oI EncocIIr I 11 000.00 1 II 11 000.00 AudIo Rout8rI s 1 000.00 2 IS 2 000.00 ~S 1. I I II I II I I I II II I I I I II II I ., I EauIDmInl TolIt. , ,. Tax: . St.l8.t\Oe, I TClflII: ~ UI5';ll.1..0&' P.1S ~" :";' North Metro Telecommunications Commission Budget Line Item Supporting Information Personnel . All salaries are estimated to include any expected step increase and a maximum of a 3% cost of living increase. The actual cost of living increase will be detennined and approved by the Cable Commission, based on the average of member cities' increase, at their December 2007 meeting. . The IT Engineer/Administrative Assistant salary is split between the administrative (02) and production (01) departments. . The part-time production assistant positions earn up to $425 per month (up to 42 hours per month at $10 per hour) and are not eligible for health benefits or PERA. Payroll taxes apply. There is no Increase in the number of part-time hours budgeted for 2009. Benefits . Benefits have also been divided between the two departments. . Health/Dental coverage, ADD, STD, L TO, Life and Workers Camp are included, budgeted at $850 per person/per month. . The NMTC's contribution to PERA increased from 6.50% to 6.75% of employees wages. Administrative Expenses . Franchise fee payments, to the cities, are included under administrative expenses. The amount budgeted to go back to cities is $200,000. . Funds have been allocated for a comprehensive franchise and PEG fee audit of Comcasl . GovemmenVLegislatlve affairs money is to support efforts to protect local franChising and community television funding. . Legal fees were Increased by $15,000. Production Expenses . Advertising/Marketing line item includes billboards, flyers, posters, cable spots, t- shirts and other marketing incentives. . The annual volunteer award ceremony, video production supplies, intern stipends, blank DVDs and videotape, increased production vehicle costs, and video equipment parts and maintenance are Included under production costs. P.16 Office EXDenses . Office expenses are split between the two departments. . Building maintenance Includes the fumace/AC maintenance contract, lawn care, snow removal, carpet and window cleaning, fire Inspection, and probable landscaping and building mechanical services. . Building utilities include sewer, water, gas, and electric. · Insurance includes all property, liability, crime, volunteer, and vehicle coverage. . Office supply line item Includes all office supplies, and maintenance contracts on printers and copiers. . TelephonellntemetlWeb Hosting costs reflect website maintenance contract, increases in telephone costs, the annual phone software upgrade, and costs associated with video streaming and video on demand services. · Postage and subscriptions covers the cost of mailing dubs, equipment for contract maintenance, magazines, newspapers, and other postage for the NMTC. . Property tax Is for the recycling assessment. · Trash, Recycling, and Janitorial are based on current actual costs including inflation considerations. CaDltal EXDendltures · Video equipment expenditures include editing, camera, microphone, and light kit upgrades for the public, a fourth encoder for master control, a portable editing laptop and HO camcorder for the promotions department, a third teleprompter and digital control room upgrade for Studio A, replacement record decks for two edit suites, and a dual digital replay system for the truck. . Body work and new logo application for the production truck Is Included as a capital expenditure. . A lit monument style sign with reader board for the southwest comer of the property, on the comer of Polk and Hwy 242 Is recommended. . Office equipment Includes computer and software upgrades for office computers. . The building bond payment is included under capital expenditures. P.17 ~ .... ~ ": I % I w lit lit .. .. w u. l") i . 0 w i it I i In lll!. % CD .... cot ... . .. 0 ~ .. u. ~ Iii :& :J: ~ 0 z ~ q ... I .... ., i .. .. .. .. .. .. &: I , I i s g 'a oM cI i . I P.l8 # OF PAYING & NON.pAYING , SUB. INCREASE SUBS. AT YEAR OVER PREVIOUS YEAR END YEAR % INCREASE 2007 20,358 -103 .50%- 2006 20,461 316 1.57% 2005 20,145 1,105 5.80% 2004 19,040 1,268 7.13% 2003 17,n2 1,564 9.60% 2002 16,208 -860 5.0%- 2001 17,068 -2,053 11%- 2000 19,121 215 1.1% 1999 18,906 936 5.2% 1998 17 ,970 1,202 7.2% 1997 16,768 1,059 6.7% 1996 15,709 741 5.0% 1995 14,968 1,480 11.0% 1994 13,488 1,536 12.9% 1993 11,952 371 3.2% AVERAGE: 585 4.0% EST. PAYING PAYING SUBS AVERAGE % SUBS YEAR END End 2007 INCREASE '08 20,358 4.0% 21,172 EST. PAYING PAYING SUBS 2006% SUBS YEAR END End 2007 INCREASE '08 20,358 .5%- 20,256 i I SUBSCRIBER GROWTH (Baaed on Comeaat Figures) P.19 " '" 0- G) CD LL. (!) W 0- c o " 4) U) tU m c S tU - ::s u 'ii o .. CD J:a .- .. C,) .! :s en . . ! u c - lit . .A ::a fI) g ~ .. a. i I&. r a. 'is 5 c 0 E :a - .. a. I I&. " 'it a. I Ii. &l a. I ... . E l! Ii. . E j: ~OIl)N roCOClOCf)"" ,..., 'OIt1O'OItNor'ONClON I 'r'. ct 'r' I Q) ~ &C) ~ ct ..-~. ,~.....~ It)C'\I'OItVQ)'r'('f)COOCOLDCIO Q)O VO'OltQ)Q) OON..t... CIOQ)N.-O.-or' or'O It) coco o;a;o;ctS~~~ctS~,..:..o"; ..........~.-.-...~............ a8888888~888 ~~~~~i~~~~g~ :': i. ~ l() ~ 0 l() a; ai 0..0 0 ... (J) "'It 0 (J) "It (J) II) N ,..., ('f) CD LDII)LD"'ItN"'It'l:t''''It('f)N ... .............................. N i 8 or' ""8IOxroNN'r'8~me ~~~~~~5~~~~! -g 3 N (f) P.20 E.H. Renner & Sons Incorporated WELL DRILLING FOR FIVE GENERATIONS 15688 Jarvis Street NW * Elk River, Minnesota 55330 Phone (763) 427-6100 * Fax (763) 427-0533 * Toll Free (800) - 409-WELL July 15, 2008 City of Centerville Paul Palzer 1880 Main Street Centerville, MN 55038 Subject: Budget Estimate Re: Cost Estimate to Remove Pump, Replace, and Reinstall Dear Paul As requested the following is a budget estimate to remove, replace pump, replace starter and reinstall No. 02 deep well submersible turbine pump. Descriotion Labor to remove DumD and motor. Operator Helper Pump Rig Flat Bed Material Danfoss VFD 75 Hp 460 Volt (100Hp rated) Manual Speed Adjustment NEMA 1 DvDt Filter NEMA 3R Electrician - Estimated Gould Pump 1 ORJLC - 2 Stage Stainless Steel Bolts Stainless Steel Collets Motor 75 Hp 460 Volt Check Valve Flomatic 8" Reuse if Possible Drop Pipe 8" Reuse if Possible Submersible Cable 1-0/3 w/grd jacketed Misc. Labor to install new DumD and motor. Operator Helper Pump Rig Flat Bed Total BUDGET ESTIMATE Q1y Units Price $ $ $ $ 106.00 $ 96.00 $ 150.00 $ 250.00 $ 5.5 Hrs. 5.5 Hrs. 5.5 Hrs. 1 Day 1 Ea. 1 Ea. 1 Ea. 1 Ea. 1 Ea. 1 Ea. 1 Ea. o Ea. o L.F. 100 L.F. 1 Ea. 6 Hrs. 6 Hrs. 6 Hrs. 1 Day $7,940.00 $1,665.00 $13,475.00 $2,660.00 $68.00 $125.00 $6,755.00 $1,150.00 $29.00 $25.00 $120.00 $ $ $ $ 106.00 96.00 150.00 250.00 If you need additional information or have questions, I can be contacted at my office 763-427-6100 or on my cell phone at 651-755-3200. Sincerely Jerry Aljets Project Manager Extension 583.00 528.00 825.00 250.00 $7,940.00 $1,665.00 $13,475.00 $2,660.00 $68.00 $125.00 $6,755.00 $0.00 $0.00 $2,500.00 $120.00 $ 636.00 $ 576.00 $ 900.00 $ 250.00 $39,856.00 E.H. Renner & Sons Incorporated IELL DRILLING FOR FIVE GENERATIONS 15688 Jarvis Street NW " Elk River, Minnesota 55330 Phone (763) 427-6100 " Fax (763) 427-0533 " Toll Free (800) - 409-WELL January 8, 2008 Dear Paul As requested the following is a budget estimate to remove, replace pump, replace starter and reinstall No. 02 deep well submersible turbine pump. Descriotion Labor to remove DumD and motor. Operator Helper Pump Rig Flat Bed Material Danfoss VFD 75 Hp 460 Volt (100Hp rated) Manual Speed Adjustment NEMA1 DvDt Filter NEMA 3R Electrician - Estimated Gould Pump 10RJLC - 2 Stage Stainless Steel Bolts Stainless Steel Collets Motor 75 Hp 460 Volt Check Valve Flomatic 8" Drop Pipe 8" Reuse if Possible Submersible Cable 1-0/3 w/grd jacketed Misc. Labor to install new DumD and motor. Operator Helper Pump Rig Flat Bed City of Centerville Paul Palzer 1880 Main Street Centerville, MN 55038 Subject: Budget Estimate Re: Cost Estimate to Remove Pump, Replace, and Reinstall Q!y 5.5 Hrs. 5.5 Hrs. 5.5 Hrs. 1 Day 1 Ea. 1 Ea. 1 Ea. 1 Ea. 1 Ea. 1 Ea. 1 Ea. o Ea. o L.F. 100 L.F. 1 Ea. 6 Hrs. 6 Hrs. 6 Hrs. 1 Day Total BUDGET ESTIMATE Units Price $ 96.00 $ $ 82.00 $ $ 125.00 $ $ 250.00 $ $7,940.00 $1,665.00 $13,475.00 $2,350.00 $65.00 $120.00 $6,415.00 $1,150.00 $29.00 $25.00 $120.00 $ 96.00 $ 82.00 $ 125.00 $ 250.00 If you need additional information or have questions, I can be contacted at my office 763-427-6100 or on my cell phone at 651-755-3200. Sincerely 94 /J ~ (, 1 '-.' 'Vl/vt-t: t!M ' .' Alj Proje anager tE.H. Re er & Sons, Inc. Extension 528.00 451.00 687.50 250.00 $7,940.00 $1,665.00 $13,475.00 $2,350.00 $65.00 $120.00 $6,415.00 $0.00 $0.00 $2,500.00 $120.00 $ 576.00 $ 492.00 $ 750.00 $ 250.00 $38,634.50 WELL HEAD Hydraulic Data Miscellaneous Motor Data Flow (gpm): 1200 Thrust At Design (lb): 1365 Model: 8M754 Pump Head (ft): 160.3 Thrust At Shutoff(lb): 2660 Make: CentriPro TDH (ft): 192.0 Pumping Level(in): 318 HP: 75 Speed (rpm): 3450 RPM: 3600 Fluid: Water Weight Type: SUB Temperature (F): 60 Pump (lb): 2550 Efficiency: 85.6 Viscosity: 1.105 Motor (lb): 540 Nominal Dia: 8" Spec. Grav: 1 Total (lb): 3090 Voltage: 460 Version: 3. 82P Centerville No 02 Date: 01-07-2008 RH. Renner & Sons, Inc. Jerry Aljets Overall Pump Parameters Size and Model: Capacity, GPM: Total Pump Length, In.: Pump Type: Pump K-Factor: 10RJLC 1200 1091. 3 Submersible 7 Bowl Data Total Bowl Length, In.: Bowl Shaft Dia, In.: 30.05 1.50 Column Data Colunn Diameter, In: Wall Thickness, In: 8 0.322 HorsePower Data Bowl HP At Design, Hp.: 73.8 Head Data Colunn Loss, Ft.: 4.51 Other Data Hydraulic Thrust, Lb.: Thrust at Shutoff, Lb.: Shutoff Lateral, In: Suction Pressure, psi: 1344.0 2660 0.13 0.0 Eftitiency Data (Efficiencies estimated not guaranteed) Bowl Efficiency: 78.70 Motor Efficiency: 85.60 Component Weights Bowl Weight, Lbs.: Head Weight, Lbs.: Motor Weight, Lbs.: 247 228 540 Version: 3.82P HYDRAULIC ANALYSIS VIS- WF 2 Stage 8xlORJLC Pump Operating Speed, RPM: Total Dynamic Head, Ft.: Impeller Trim, In: Head Type: Number of Stages: Pumping LeveL In: Bowl Diameter, In: Bowl Shaft Limit, HP: Bowl Shaft Material: Colunn Load, Lb.: Colunn Elongation, In: Thrust Load Loss, Hp.: Motor HorsePower, Hp.: Head Loss, Ft.: Total Loss, Ft.: Thrust at Design, Lb.: Design NPSH, Ft.: Actual Head above Grade, Ft.: Shutoff Disc Pressure, psi: Pump Efficiency: Overall Efficiency: KWH/1000 gallons: Colunn Weight,Lbs.: Can Weight,Lbs.: Total Pump Weight,Lbs.: Centerville No 02 ~ Date: 01-07-2008 3450 192.0 6.4 Heavy Duty 2 318.0 9.5 499 416SS 1844.9 0.01 0.00 75 0.67 5.18 1365.0 51.7 160.32 151.7 76.58 65.55 0.92 2075 o 3090 E.H. Renner & Sons, Inc. Jerry Aljets ADDITIONAL PUMP COMPONENTS The following is a list of the additional components you ordered. Consult factory for any other components or services. Component Motor Adaptation Bowl SS Bolting 416SS Collets Performance Test ADDERS VIS- WF 2 Stage 8xl0RJLC Version: 3. 82P Centerville No 02 ~ Date: 01-07-2008 ~ RH. Renner & Sons, Inc. Jerry Aljets SECTIONAL VIS-WF 2 Stage 8x10RJLC ~ DISCHARGE HEAD ASSEMBlY ----------- Irt::IVr C~ IVI" , ERIAL ASTM 600 HEAD- DISCHARGE - I"""" ~TEEL FAB A53 --- -- -- ~ COLUMN AND L1NESHAFT ASSEMBLY 642 COLUMN PIPE 6501 BLACK PIPE SCH 40 A 53-98 645 COLUMN COUPLING 6501 BLACK PIPE SCH 40 A 53-98 BOWL ASSEMBLY 614 COUPLING - SUB MOTOR 2218 SST 416 A582M-95b 660 SHAFT- BOWL 2227 SST 416 A582M-95b 661 BOIVL- DISCHARGE 1003 CAST IRON CL30 M8-94ael 670 BONL-INTERMEDIATE 6911 CAST IRON CL30 ENAMEL A48-94el 671 SUBADAPTER 1018 DUCTILE IRON 65-45-12 A536-84( 1999)el 672 BEARlNG-INT BOWL 1109 FEDERALLOY BISMUTH BRZ B5ll4-OO 673 IMPELLER 1102 SILICON BRONZE C87600 8584-00 677 COLLET-IMPELLER 2218 SST 416 A582M-95b 690 BEARING- SUCTION 1109 FEDERALLOY BISMUTH BRZ B584-OO 715 GUARD-CABLE 3215 SST 304 A24OM-OQ 758 CAPSCREW- HEX (MOTOR) 2228 SST 304 A276 760 CAPSCREW- HEX 2229 SST 316 A276-OOa 781 SCREEN- SUCTION 3215 SST 304 A24OM-OQ 789 WASHER- UPTHRUST 6266 TIVAR 1000 x Version: 3. 82P Centerville No 02 Date: 01-07-2008 PUMP DATA SHEET Submersible 60 Hz Centerville No 02 Company: E.H. Renner & Sons, Inc. Name: Jerry A1jets Date: 01107108 Selection: CenfBrville No 02 Pump: Size: 10RJLC (2 stages) Type: Submersible Speed: 3450 rpm Synch speed: 3600 rpm Dla: 6.375 in Curve: 3010 Specific Speeds: Ns: 2760 Pump NofBs for Standard Sizes: Discharge Sizes-6" ,8" Vertical Turbine: Bowl size: 9.5 in Max lateral: 0.75 in Thrust K factor: 7 IbM Ptmp Limits for Standard Construction: Temperature: 120 of Pressure: 430 psi 9 Sphere size: 0.68 in - Data Point- Flow: 1200 US gpm Head: 192 ft Eff: 78.7% Power: 73.8 hp NPSHr: 51.7 ft - Design Curve - Shutoff Head: 377 ft Shutoff dP: 163 psi Min Flow: - US gpm BEP: 82.8% eff @ 979 US gpm NOL Pwr: 74.9 hp @ 1044 US gpm - Max Curve - Max Pwr: 83.8 hp @ 1139 US gpm Turbine Pump Selection 2oo4e Search Criteria: Flow: 1200 US gpm Fluid: Water SG: 1 Viscosity: 1.105 cP NPSHa: - ft Motor: Standard: NEMA Head: 190 fI: Temperature: 60 OF Vapor pressure: 0.2563 psi a Atm pressure: 14.7 psi a Size: 75 hp Speed: 3600 Sizing criteria: Max Power on Design CUNe I "0 CI'l Q) I 0 80 II::: I ... I40 r/) a.. z 0 Q. ~ I I a.. US gpm 250 Performance Evaluation: FlOW' Speed Head US gpm rpm ft 1440 3450 1200 3450 192 960 3450 252 720 3450 293 480 3450 324 500 750 1000 1250 1500 Pump Power NPSHr %eff hp It 78.7 73.8 51.7 82.6 73.6 37.4 76.5 69.5 28.1 62.1 62.8 27 Selected from catalog: Goulds Sub 60HZ Vers: 3.15 oozo CD ~ J>> 0 iac>33 CD '4 CD "i ~ ~ ~~ ~ < m ~ ~ ~ !'l &~ So :::J III :::J !!l go ~ :::J !!' :; ~ c CJ) (Q "C 3 ~ o o o NPSHr-ft .c>- CD o 0 Head - ft ~ ~ (1) o g'fJg> f f f Ol 0 (;; .. (;; 01 ~~i 0 0 'j}8 ~g>if tJ" 8 j!j 16 Cil g ~ 9- in III ~ "'-l 0 01 Ili. 0 III ~ ~ 0000 c m.IA. ~ i>> !I! ., ~.. (; ~Uf"-'~C! 0-. r- :::J 0 ~& ~1 ~ ~ ~ 8 o ~ ~ o .c>- o Power - hp CD o .c>- 8 (0) ~ o -a 3 .c>- o 01 o Unique No. 00512748 MINNESOTA DEPARTMENT OF HEALTH Update Date 2005102110 WELL AND BORING RECORD County Name Anoka Minnesota Statutes Chapter 1031 Entry Date 1993/05/06 Township Name Township Range Dir Section Subsection Well Depth Depth Completed Date Well Completed 31 22 W 23 ABC 187 ft. 187 ft. 1993/01/22 Well Name CENTERVILLE 2 Lie:. Or Reg. No. 71015 Name of Driller KOWALIK, J. USGS Quad Centerville Elevation 908 Aquifer OPSH Alternative Id 1020036S02 GEOLOGICAL MATERIAL COLOR HARDNESS FROM TO STRAT LITH PRIM LITH SEC LITH MINOR TOP SOIL BLACK SOFT 0 8 SOIL ORGD SOIL = SoH ORGD = Organic Deposits SANDY CLAY GRAY SOFT 8 18 CLAY SAND CLAY = Clay SAND = Sand S-CLA Y/STONES GRAY SOFT 18 60 CLAY COBL CLAY = Clay COBL = Cobble GRAVEL VARIED MEDIUM 60 62 GRVL GRVL = Gravel SAND/GRAVEL VARIED SOFT 62 75 SAND GRVL SAND = Sand GRVL = Gravel SAND BROWN SOFT 75 83 SAND SAND = Sand SHAKOPEE DOLOMITE PNKlTAN HARD 83 185 DLMT DLMT = Dolomite JORDON SANDSTONE BROWN SOFT 185 187 SNDS SNDS = Sandstone l H. Renner 8 Sons WELL DRILLING FOR FOUR GENERATIONS 15688 JARVIS STREET NW.lElK RIVER, MN 55330/(612)427-6100 INCORPORATED ........ PROJ EeT: CENTERVILLE DATE: Sept 25th. 1992 WAil #: 2 Static water Level: 10 (TOC) ft. BY: John Kowalik # HRS PUMP'D 11. 75 G.P.M. PUMPING DRAW SAND TIME PUMPING DRAW SAND TIME LEVEL DOWN P.P.M. G.P.M. LEVEL DOWN P.P.M. 7:15 1000 10.0 4:30 1230 26.92 16.92 7:30 1000 19.0 9.0 rusty 5:00 1230 26.92 16.92 8:00 1000 20.0 10.0 cloudy 5:30 1230 27.0 17 .0 8:30 1000 21.0 11.0 6:00 1230 27.0 17 .0 I 9:00 1000 21.67 11.67 6:30 1000 9:30 1000 22.08 11.0!J 7:30 1000 ~ ~...~-- 10:00 1000 22.33 12. 3 3 - - -- 10:30 1000 22.67 12.67 I .- -- 11:00 1000 22.75 12.7~ clear 11 : 30 1000 22.92 12.9~ 12:00 1000 23.011 13.(]~ 12:30 1000 23.0ll 13.CS ! ! 12:40 1230 i , -4 i -+ t i-- ----t 1:00 1230 I .. I 1 25.3~ 15.~3 rustY:: i I ! 1:15 1230 t 26~-;~~ ~----'---Tl--TI"'----I----I-- .. j .. . 'i -4- I I ~~- >--- ,-~ -]-~ ' ,-- . 1:30 1230 I 26.6~ 16.~7 I 1 J ---+.---.---.--- 2:00 1230 26.7~ 16. 5 .0lppu i Z;l5 1230 26.8 16.l.) i 2:30 1230 26.9 16.l 3 3:00 1230 26.9 16. ( 2 3:30 1230 26.8 16. f 3 4:00 1230 26.8 16. f 3 l H. Renner B Sons INCORPORATED PROJ ECT: CENTERVILLE John Kovalik WAII#: WELL DRILLING FOR FOUR GENERATIONS 15688 JARVIS STREET N.W.! ElK RIVER, MN 55330/ (612) 427-6100 ,.- DATE: Sept 24th, 1992 2 Static water Level: # HRS PUMP'D 6.5 hrs 10 (TOC) ft. BY: ...--- .. TIME G.P.M. PUMPING DRAW SAND LEVEL DOWN P.P.M. - 2:30 1000 12.92 12.92 '~ 2:45 1000 22.92 12.92 2:46 1230 25.67 15.67 rusty 3:00 1230 25.67 15.67 3:15 1230 25.75 15.75 ---- 3:30 1230 25.7~ 15.75 -- - -- --- TIME IPUMPINC DRAW SAND G.P.M. LEVEL DOWN P.P.M. 18.51! 8.58 "- -. 19.m 9. Ol -- -- 9:00 615 ...~ ~.~~~~~~ 9:30 14.67 10:00 15 10:15 15.25 10:30 15.58 10:31 10:45 11 : 00 11: 15 4.67 clear 5.0 5.23 5.58 1---.-.. - 19.5 9.5 11:30 12:00 19.8 19.6J 9.61 10.16 I I . -+ t+--+t-.----+ -____L__. i i . I I 1 ;.._- ------t;---~j--. .-----!---.._---t----l.- :::: i -~~~:~ --:::~[_j-t-__L- I I j I i 22.1 12.h Ii ! I 12:30 20.01 12:45 20.1. 12:46 1:00 1115 1:30 1000 1:45 1000 22.4 2:00 1000 22.6 2:15 1000 22.1 9.8. 10.m 12.41>> 12.6 12.7) l H. Renner j Sons WELL DRILLING FOR FOUR GENERATIONS 15688 JARVIS STREET N.W.! ELK RIVER, MN 55330 l (612) 427-6100 INCORPORATED .~ PROJ ECT: CENTERVILLE DATE: Sept 28th, 1992 WAil #: 2 Static water Level: _ 10 (TOC) ft. BY: -=~hn Ko~_~! ik # HRS PUMP'D 4.0hrs .-. G.P.M. PUMPING DRAW SAND TIME PUMPING DRAW SAND TIME LEVEL DOWN P.P.M. G.P.M. LEVEL DOWN P.P.M. - 7:15 940 10.0 7:30 940 17.5 7.5 8:00 940 18.75 8.75 8:30 940 19.75 9.75 I 9:00 940 20.08 10.08 .-- ----- -. 9:30 940 20.5 10.5 ~_._._._-. .. 10:00 940 20.92 10.92 .- - -- 10:30 940 21.0 11.0 11:00 940 21. O~ 11.m 11:15 940 21. Of 11. O~ ! ~ ' . I I I -i------f.i- .----f- I Iii ., , I : . ~. I . , --;-----:--.-- -..---tr---;r-'--~----f------'l---- .. I · ;. f+ 1 I I --- i-- '---~]--: ~ ----- I ---l.____.L____ __~ II i ! I -- Memorandum Dallas Larson, Paul Palzer From: Mark Statz To: Project Well #2 Rehab Date: 4/15/2008 Client: City of CentelVille Re: Well #2 work File No: 000616-08000-0 On 2/12/08 the City forwarded information for the replacement of the pump in Municipal Well #2 and asked us to comment on the validity of the proposal as well as the overall impact on the City's water system planning. Subsequently, Mark Rolfs, from our office, called Paul to discuss the proposal and gave his' input. Dick Foster, from our office, contacted Renner (the contractor proposing on the Well #2 work) and discussed the contents and feasibility of their proposal. No further correspondence was created. The following are our thoughts on the endeavor: 1. If the capacity of the well can be increased without causing drawdown problems, sand migration, or other issues, there is no reason (other than cost) to not do it. 2. The Department of Health recommends that municipalities have enough "Firm Capacity" (capacity of all the City's wells less the capacity of its largest well) to supply water for the 'Peak Demand Day". The City of Centerville has two wells, so its firm capacity is equal to the capacity of its smallest well. Currently, well #1 is its smallest well. Therefore, increasing the capacity of the larger well (well #2) does not increase the City's firm capacity. 3. The City's water system is interconnected with the water system of the City of Lino Lakes. The connection involves bi-directional pressure sensitive valves which open when one side's pressure drops significantly below the other. Water meters log the flow to each side. This interconnect could be viewed much like a third municipal well. How this is viewed, is dependent on the terms of the interconnection agreement. If the agreement allows unlimited flow from the other City, or at least more flow than the largest well, it would be looked at as the City's largest well. Therefore, the City's firm capacity could be viewed as the capacity of the two wells without the benefit of the interconnect. In this case, increasing the capacity of well #2 would increase the City's firm capacity. The City's current agreement states: "..Lino Lakes has constructed a water system capable of providing emergency and peak demand water supply service to Centerville.... This statement seems to indicate that the Centerville's peak demands can be met by the City of Lino Lakes. However, this statement is a "whereas" statement in the agreement and is immediately followed by a statement which implies that Centerville will construct ....water system improvements..... l _ .. Bonestroo 2335 Highway 36 W 51. Paul, MN 55113 Tel 651-636-4600 Fax 651-636-1311 www.bonestroo.com If it is the intent of Centerville to rely on the interconnect to supply an amount of water equal to or greater than the capacity of its largest well, upsizing Well #2 is not necessarily needed. However, if the upsizing can provide a capacity of 1200 gpm, and the interconnect could be guaranteed to supply the same, the City could actually abandon well #1. In summary: · If the interconnect agreement can be revised to guarantee a minimum of 600 gpm, the upsizing of well #2 is NOT needed; nor is a third well (even at full build-out). · If the interconnect agreement CANNOT be revised to guarantee a minimum of 600 gpm, a third well will be needed regardless of whether or not well #2 is upsized. · If well #2 is upsized to 1200 gpm AND the interconnect agreement can be revised to guarantee a minimum of 1200 gpm" well #1 could be abandoned. Despite this fact, we would not recommend abandoning well #1 unless major costs were associated with keeping it in service such as the addition of a water treatment facility. . Despite the fact that the upsizing of well #2 is not needed in some of these scenarios, we would not discourage this work. These scenarios are analyzed based on worst case circumstances. Upsizing the well will add value to your water system in all other scenarios and is probably worth the relatively small cost. Page 2 of 3 l CITY OF CENTERVILLE 2009 PRELIMINARY BUDGET JULY 23, 2008 Prepared By: John W. Meyer, Finance Director CITY OF CENTERVILLE General Fund Proposed 2009 Budget Actual Final Preliminary Percent Change 2007 2008 Budget 2009 Budget 2008 to 2009 Revenues: Property Taxes 1,813,923.00 1,985,600.00 2,043,820.00 2.93% MV Homestead Credit Cut Other Taxes & Assessments 1,724.00 50,000.00 20,000.00 -60.00% Licenses & Permits 220,855.00 170,000.00 180,000.00 5.88% Building Inspection 199,048.00 135,000.00 145,000.00 7.41% Fines & Forfeits 37,529.00 35,000.00 35,000.00 0.00% Intergovernmental 286,590.00 120,000.00 166,500.00 38.75% Fire Relief Aid 137,100.00 95,000.00 125,000.00 31.58% Charges for Services 2,228.00 2,000.00 2,000.00 0.00% Interest Earnings 60,501.00 60,000.00 45,000.00 -25.00% Miscellaneous Revenues 2,752.00 15,000.00 20,000.00 33.33% Refunds & Reimbursements 43,659.00 4,000.00 4,000.00 0.00% Other Financing Sources 9,611.00 0.00 99,500.00 Total Revenues 2,479,372.00 2,441,600.00 2,615,820.00 7.14% Expenditures: Current General Government Mayor and Council 32,043.00 35,000.00 34,500.00 -1.43% Elections 7,000.00 0.00% Planning & Zoning 19,166.00 10,000.00 7,500.00 -25.00% Administration 356,098.00 403,000.00 424,760.00 5.40% Financial Administration 14,546.00 13,500.00 15,000.00 11.11% Assessing 18,165.00 19,500.00 17,000.00 -12.82% Legal 101,142.00 70,000.00 75,000.00 7.14% City Hall 25,149.00 40,000.00 36,000.00 -10.00% Total General Government 566,309.00 598,000.00 609,760.00 1.97% Public Safety Police Protection 649,744.00 704,000.00 765,000.00 8.66% Fire Protection 236,050.00 202,000.00 236,000.00 16.83% Building Inspection 144,480.00 160,000.00 169,075.00 5.67% Electrical Inspection 6,541.00 7,000.00 7,000.00 0.00% Civil Defense 892.00 3,400.00 2,000.00 -41.18% Animal Control 928.00 2,000.00 2,000.00 0.00% Other Protective Services 924.00 2,100.00 2,100.00 0.00% Total Public Safety 1,039,559.00 1,080,500.00 1,183,175.00 9.50% Public Works Public Works 128,880.00 180,000.00 176,950.00 -1.69% Engineering Services 23,941.00 20,000.00 15,000.00 -25.00% Recycling 20,708.00 6,000.00 6,500.00 8.33% Streets 107,057.00 83,000.00 46,500.00 -43.98% Street Lighting 0.00 32,000.00 32,000.00 0.00% Total Public Works 280,586.00 321,000.00 276,950.00 -13.72% Culture and Recreation Park/Rec. Committee 1,594.00 4,000.00 4,000.00 0.00% Park/Rec. Programs 10,424.00 16,000.00 8,500.00 -46.88% Park Maintenance 72,601.00 68,000.00 70,535.00 3.73% Total Culture and Recreation 84,619.00 88,000.00 83,035.00 -5.64% Economic Development Economic Development - EDA 28,632.00 6,500.00 18,500.00 184.62% Frozen Fete Des Lacs Business Directory 0.00 #DIV/O! EDA - Business Promotion 3,000.00 3,000.00 0.00% EDA - Miscellaneous 0.00 1,500.00 1,500.00 0.00% Anoka County Partners 0.00 2,000.00 2,000.00 0.00% Tax Abatement 12,000.00 Total Economic Development 28,632.00 6,500.00 18,500.00 184.62% Unallocated City Council Adjustments 0.00 City Summer Festival 29,885.00 20,000.00 20,000.00 0.00% Total Miscellaneous 29,885.00 20,000.00 20,000.00 0.00% Total Current Expenditures 2,029,590.00 2,114,000.00 2,191,420.00 3.66% Capital Outlay General Government 0.00 23,000.00 5,000.00 -78.26% Public Safety 0.00 Streets and Highways 372,153.00 100,000.00 -100.00% Culture and Recreation 0.00 25,000.00 #DIV/O! Total Capital Outlay 372,153.00 123,000.00 30,000.00 -75.61% TOTAL EXPENDITURES 2,401,743.00 2,237,000.00 2,221,420.00 -0.70% EXCESS (DEFICIT) OF REVENUES 77,629.00 204,600.00 394,400.00 92.77% OVER EXPENDITURES OTHER FINANCING SOURCES (USES) Operating Transfer In 0.00 0.00 0.00 Operating Transfer Out (205,800.00) (204,600.00) (394,400.00) 92.77% GO Assessment 2000 (400.00) (400.00) 0.00 -100.00% GO Improvement 2004B (102,000.00) (102,000.00) (102,000.00) 0.00% Joint Police Station Lease (78,400.00) (77,200.00) (77,400.00) 0.26% Hidden Spring Park Loan (25,000.00) (25,000.00) (25,000.00) GO Improvement 2006A (190,000.00) TOTAL OTHER FINANCING (205,800.00) (204,600.00) (394,400.00) 92.77% SOURCES (USES) EXCESS (DEFICIENCY) OF (128,171.00) 0.00 0.00 REVENUE AND OTHER FINANCING SOURCES OVER EXPENDITURES AND OTHER FINANCING USES PREPARED BY: JOHN MEYER, FINANCE DIRECTOR City of Centerville Narrative for 2009 Preliminary Budget July 23, 2008 Attached is the Preliminary Year 2009 General Fund Budget for the City of Centerville. This report is intended to disclose all assumptions used in calculating the proposed budget and explain any significant variances from last year. The following assumptions were made in calculating the proposed budget: Revenues: Tax Lew The general tax levy was increased by $58,720 for additional spending which is an increase of 2.96% . At this proposed levy amount, tax capacity figures indicate that a tax rate will change slightly from 45.808 in 2008 to 47.342 in 2009. This tax capacity is based on updated county data that enumerated with no increase in the city's tax capacity and an decrease in the city's contribution to area wide spending. Local Government Aid The city will receive no local government aid in 2009. In 2008, the city received $22,900. Licenses and Permits Licenses and Permits revenues will increase slightly because of a change in the housing market. Fines and Forfeits Fines and forfeits have been stable. Interest Earninas Interest earnings will decline because of a smaller investment portfolio. Assessments Assessment receipts will decline in 2009 because of fewer assessment receivables. Other Financina Sources The storm water fund will be contributing $95,000 for three years for the backage road storm water pond. 2009 is the first year of this contribution. Expenditures: Salaries and Benefits The following assumptions were made in calculating salaries and benefits for the 2008 budget: + 3% structure increase (COLA); + 4% step increase for eligible employees; + A legislative mandated increased employer contribution rate to PERA; + Allocations were changed to more accurately reflect actual time spent, resulting in slight differences in distributions across departments; + $25 per employee per month increase in health insurance contribution, in accordance with the union contract. Insurance rates are expected to rise by 10- 15 % in January 2009 Police Administration The 2009 budget amount of $730,000 from the Centennial Lakes Police Department is reflected in the budget. This is an increase of 3.7%. Fire Protection The 2009 budget amount of $111,000 from the Centennial Fire Department is reflected in the budget. This is an increase of 3.8%. The budget also includes $ 125,000 in pass through fire relief aid. Parks and Recreation The parks and recreation includes operating funds for the city's $25,000 match to the awarded transportation enhancement grant. This is the first year of match money required by the grant. The city completed its obligation to the National Sports Center in 2008. In addition to operating funds for the Parks and Recreation budget, $25,000 in funds are provided for debt service on the hidden spring park loan. Economic DeveloDment The economic development budget includes $6,500 for the EDA and a tax abatement payment. to Northern Forest Products of $12,000 City Festival" Parade The City Festival & Parade budget includes an estimated $17,000 appropriation from the City plus a proposed $3,000 pass-through donation from gambling funds. Transfers Out This line item includes a proposed $102,000 transfer to the 2004 Municipal Street Debt Service Fund to cover the City's portion of the street project obligation, $77,400 for lease payments on the Joint Police Station and $190,000 transfer to Backage Road Debt Service Fund. 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Q) Q) E E > 0 "0 "0 e z +- .w .w E E 0.. 0.. 0 E ~ ~ 0 8 E 0 t/) ::J > > > > - w II) II) ~ ~ ~ ~ Q) .... ~ w w w w ~ ~ - ~ 0 0 0 0 Cf) 0 0 0 0 >< ro 0 0 0 o. 0> 0:: 0 e:( co ci ci 0 0 0 ....0 x Il) 0 Il) 0 C\l LLO ro C\l Il) C\l Il) II) o~ t- ~ ~ ~ ~ "0 c: c: c: c: c: "0 ....M 0 0 0 0 0 <( UN t) t) - t) t) 0:(>- 0 II) ro ro ro ro ro Q) D....J 0- 0.. 0.. 0.. 0- - ::E::) .5 E E E E 0 -, z MEMO TO: Honorable Mayor and City Council Members FROM: Kim Stephan DATE: July 9, 2008 SUBJECT: Budget Consideration for 2009 from the Parks & Recreation Committee 2009 Fete des Lacs 8K Run Committee Member Branch has been researching the potential for the Parks & Recreation Committee to sponsor an 8K Run around Centerville Lake as part of 2009 Fete des Lacs. Originally looking at a larger event of perhaps 1,000 entrants, Committee Member Branch's research dictated setting sights lower for the inaugural run at 250 entrants. The committee can help reduce costs in a couple of areas such as promotions with the graphic design done by committee members. Committee Member Branch's draft budget is approximately $4,000 with this cost potentially being recouped with a $20 entry fee and possibly by obtaining sponsors, though the sponsors may be more difficult to find with the first annual run. Eventually the committee is hopeful that this will be a fund miser for the Parks & Recreation Committee. The reason this is coming to City Council at this time is to get preliminary approval to be included in the Fete des Lacs budget so the committee can know whether to move forward. There is a publication called 'Running Minnesota' which is published annually each fall by the Minnesota Distance Running Association with all the following year's Minnesota races included. The information needs to be to the association some time in August to be included. This would be the most complete form of advertising for the race. Motion was made by Committee Member Branch, seconded by Chairperson Seeley to request City Council consider budgeting $4,000-$5,000 for the 2009 Fete des Lacs 8K Run, to be potentially recouped from entry fees and sponsors. All in favor. Motion carried unanimously. 1- \_~ It I: Draft Draft CENTERVILLE, MINNESOTA CODE OF ORDINANCES AMERICAN LEGAL PUBLISHING CORPORATION Draft I ~ 432 Walnut Street Cincinnati, Ohio 45202-3909 (800) 445-5588 Chapter CENTERVILLE, MINNESOTA CODE OF ORDINANCES TABLE OF CONTENTS TITLE I: GENERAL PROVISIONS 10. General Provisions TITLE III: ADMINISTRATION 30. General Provisions 31. Departments, Boards, Commissions and Committees TITLE V: PUBLIC WORKS 50. Garbage and Rubbish 51. Municipal and Public Utilities TITLE VII: TRAFFIC CODE 70. Traffic Regulations 71. Parking Regulations 72. Snowmobiles TITLE IX: GENERAL REGULATIONS 90. Animals 91. Health and Safety; Nuisances 92. Parks and Recreation 93. Streets and Sidewalks 94. Sporting, Athletic and Music Events TITLE XI: BUSINESS REGULATIONS IIO.Adult Business 111.Liquor Regulations 112.Pawnbrokers Table TITLE XI: BUSINESS REGULATIONS (Cont'd) 113.Peddlers, Solicitors and Transient Merchants II4.Body Piercing and Painting Establishments 115. Saunas and Massage Parlors 116.Tobacco Regulations; Sales I I 7. Fireworks IlS.Rental Housing Code 1l9.Licensing Refuse Haulers l20.Licenses; Water and/or Sewer Service Line Installer 121.Dances TITLE XIII: GENERAL OFFENSES 130. General Offenses TITLE XV: LAND USAGE I 50. Building Regulations I51.Reserved for Future l52.Sign Regulations 153. Subdivision Regulations I54.Zoning Code I 55.Flood Damage Prevention I 56. Reserved for Future I 57.Erosion Control TABLE OF SPECIAL ORDINANCES I. Zoning Map Changes; Moratoriums PARALLEL REFERENCES References to Minnesota Statutes References to Ordinances INDEX INDEX ABANDONED ANIMALS, 90.13 ADMINISTRATOR, 30.03 ADUL T BUSINESSES Application of this chapter, 110.03 Definitions, 110.02 Fees, 110.08 Hours of operation, 110.05 Inspection, 110.09 License expiration and renewal, 110.10 l-:i<;en~~ ~~vo~l!t~oP1 !! (!.! ~ _ _ _ _ _ _ _ __ _ _ _ License suspension, 110.11 Licenses, 110.07 Location, 110.04 Operation, 110.06 Purpose and intent, 110.01 Transfer of license, II 0.13 _ _ - { Formatted: French (France) ANIMAL SHELTERS, DOMESTIC, 90.11 ANIMALS Abandoned animals, 90.13 Danger to health and safety of city, 90.14 Dangerous or Potentially Dangerous Animals Designation, 90.30 Notification of new address, 90.31 Reclaiming animals, 90.33 Special requirements, 90.32 Definitions, 90.01 Diseased animals, 90.15 Domestic animal shelters, 90.11 Enforcing officer, 90.17 Existing permits, 90.19 Farm animals, 90.05 Guard dog warning signs, 90.12 ANIMALS (Cont'd) Humane treatment, 90.10 Impounding, 90.06 Interfering with officers, 90.18 Kennels, 90.07 Nondomestic animals, 90.04 Nuisances, 90.08 Penalty, 90.99 Rabies control, 90.03 Restrictions, 90.02 Seizure of animals, 90.09 Summary destruction, 90.16 BODY PAINTING ESTABLISHMENTS Appeals, 114.12 Application execution, 114.05 Application verification, 114.06 Definitions, 114.02 General license requirements, 114.09 Health and sanitation requirements, 114.10 Liability for crimes of another, 114.13 License application, 114.04 License period and license fees, 114.07 License required, 114.03 Penalty, 114.99 Persons ineligible for license, 114.08 Revocation, suspension or nonrenewal of license, 114.11 Statement of policy, 114.01 BODY PIERCING ESTABLISHMENTS Appeals, 114.12 Application execution, 114.05 Application verification, 114.06 Definitions, 114.02 General license requirements, 114.09 Health and sanitation requirements, 114.10 Liability for crimes of another, 114.13 License application, 114.04 License period and license fees, 114.07 License required, 114.03 Penalty, 114.99 Persons ineligible for license, 114.08 Revocation, suspension or nonrenewal of license, 114.11 Statement of policy, 114.01 BUILDING INSPECTOR, 30.06 CHEMICAL DUMP SITES Action by Building Official or designee, 91.50 City action and recovery of costs, 91.53 City Council review/right to appeal, 91.60 7 , , Declaration as public health nuisance, 91.47 Definitions, 91.46 Entry into or onto site, 91.58 General provisions, 91.45 Law enforcement action, 91.48 Penalty, 91.99 Recovery of costs from persons causing damage, 91.54 Removal of personal property from the site, 91.59 Seizure of property, 91.49 Site owner and address, 91.55 Site owner's responsibility for costs, 91.52 Site owner's responsibility to act, 91.51 Suspension of residential rental certification, 91.56 Unauthorized removal of po stings, 91.57 CIGARETTES, see TOBACCO REGULATIONS; SALES CLANDESTINE DRUG LABS Action by Building Official or designee, 91.50 City action and recovery of costs, 91.53 City Council review/right to appeal, 91.60 Declaration as public health nuisance, 91.47 Definitions, 91.46 Entry into or onto site, 91.58 General provisions, 91.45 Law enforcement action, 91.48 Penalty, 91.99 Recovery of costs from persons causing damage, 91.54 Removal of personal property from the site, 91.59 Seizure of property, 91.49 Site owner and address, 91.55 Site owner's responsibility for costs, 91.52 Site owner's responsibility to act, 91.51 Suspension of residential rental certification, 91.56 Unauthorized removal of po stings, 91.57 CLIMBING OF TREES AND ON BUILDINGS IN PARKS, 92.1~ - - - - - - - - - - - - - - - - - - - - - - - -~: = 1 Deleted:, Deleted: 92.99 CODE CONSTRUCTION PROVISIONS Adoption of statutes and rules by reference, 10.19 Application to future ordinances, 10.03 Captions, 10.04 Copies of code, 10.18 Definitions, 10.05 Effective date of ordinances, 10.14 8 I I Errors and omissions, 10.09 General penalty, 10.99 Official time, 10.10 Ordinances repealed, 10.12 Ordinances unaffected, 10.13 Ordinances which amend or supplement code, 10.16 Preservation of penalties, offenses, rights and liabilities, 10.17 Reasonable time, 10.11 Reference to offices, 10.08 Reference to other sections, 10.07 Repeal or modification of ordinance, 10.15 Rules of interpretation, 10.02 Severability, 10.06 Title of code, 10.01 COMMERCIAL DISTRICT (B-1), 154.060 COMMERCIAL EXTERIOR BUILDING MATERIALS, 154.060 COMMUNITY SERVICE OFFICER, 30.05 COUNCIL MEMBERS, 30.01, 30.02 CURFEW FOR MINORS, 130.0 ~ _ _ _ u _ _ _ u _ _ _ _ _ _ u _ _ _ _ _ _ u _ _ _ _ _ u _ _ _ _ _ _ _ _ _ _ _ _ _ J _ --{ Deleted: . 130.99 DANCES License application, 121.03 License fee, 121.02 License required, 121.01 Penalty, 121.99 Security, 121.04 DANGEROUS OR POTENTIALLY DANGEROUS ANIMALS Designation, 90.30 Notification of new address, 90.31 Penalty, 90.99 Reclaiming animals, 90.33 Special requirements, 90.32 DISCHARGE AND POSSESSION OF FIREARMS IN PARKS, 92.1 ~_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ -1 : = 1 Deleted: . Deleted: 92.99 DISEASED ANIMALS, 90.15 DOMESTIC ANIMAL SHELTERS, 90.11 9 1 1 I .______________________________________________________________________--- Deleted: ECONOMIC DEVELOPMENT COMMITTEE, 31.01, 31.02 ELECTIONS; TERMS OF MAYOR AND COUNCIL MEMBERS, 30.01 EROSION CONTROL Definitions, 157.06 Findings, 157.03 Intent, 157.01 Penalty, 157.99 Purpose, 157.04 Scope and effect, 157.05 Statutory authorization, 157.02 Stonnwater Pollution Prevention Plan Completion of work, 157.18 Enforcement procedures, 157.19 Minimum construction site best management practices, 157.17 Review process, 157.16 Submittal procedures, 157.15 FARM ANIMALS, 90.05 FENCES, 154.110 FIREARMS, DISCHARG&. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - Deleted: , $.!!nerallv. 13_0:0}L _ _ __ __ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ - Deleted: , 130.99 Dwellings and structures. 130.03 - - - Formatted: Font: italic Public grounds and parks. 92.11 Within City limits. 130.03 FIREWORKS Definition, 117.03 Discharge rules and regulations, 117.08 Other regulations, 117.09 Penalty, 117.99 Pennit application, 117.05 Pennit denial, suspension and revocation, 117.10 Penn it fee, 117.06 Purpose, 117.02 Sale of fireworks, 117.04 Scope, 117.01 Tenns and conditions for penn it issuance, 117.07 10 FIREWORKS IN PARKS, 92.17,,- _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ -1 : = 1 Deleted: , Deleted: 92.99 FLOOD DAMAGE PREVENTION Abrogation and greater restrictions, 155.09 Administration and Enforcement Amendments, 155.59 Board of Adjustment, 155.56 Certificate of zoning compliance, 155.52 Certification, 155.54 Conditional uses, 155.57 Construction and use to conform to applications, plans, permits and the like, 155.53 Nonconforming uses and nonconforming structures, 155.58 Permit requirements, 155.51 Record of first floor elevation, 155.55 Zoning Administrator, 155.50 Adoption of maps, 155.06 Definitions, 155.04 Findings offact, 155.02 Interpretation of chapter and maps, 155.08 Lands to which this chapter applies, 155.05 Penalty, 155.99 Regulatory flood protection elevation, 155.07 Statement of purpose, 155.03 Statutory authorization, 155.oI Waming and disclaimer of liability, 155.10 Zoning District Regulations Compliance with chapter, 155.26 Establishment of zoning districts, 155.25 Flood Fringe District (FF), 155.28 Floodway District (FW), 155.27 General Floodplain District, 155.29 Manufactured homes, manufactured home parks, travel trailers and travel vehicles, 155.32 Public utilities, railroads, roads and bridges, 155.31 Subdivisions, 155.30 FLOOD FRINGE DISTRICT (FF), 155.28 FLOODPLAIN DISTRICT, GENERAL, 155.29 FLOODW A Y DISTRICT (FW), 155.27 GAMBLING REGULATIONS Adoption of state law, 130.15 Definition, 130.16 11 GAMBLING REGULATIONS (Cont'd) Fees, 130.19 . _ _ _P!~~~,-130.l8_ _ _ _ _ _ ... / - Deleted:. Penalty, 130.9911 Records -and reports, 13lf fi - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - " Formatted: Keep with next GARBAGE AND RUBBISH Care of refuse, 50.02 Definitions, 50.01 Municipal contracting, 50.03 GENERAL PENALTY, 10.99 GUARD DOG WARNING SIGNS, 90.12 HEAL TH AND SAFETY; NUISANCES Abatement, 91.08 Cleanup of Clandestine Drug Lab and Chemical Dump Sites Action by Building Official or designee, 91.50 City action and recovery of costs, 91.53 City Council review/right to appeal, 91.60 Declaration as public health nuisance, 91.47 Definitions, 91.46 Entry into or onto site, 91.58 General provisions, 91.45 Law enforcement action, 91.48 Recovery of costs from persons causing damage, 91.54 Removal of personal property from the site, 91.59 Seizure of property, 91.49 Site owner and address, 91.55 Site owner's responsibility for costs, 91.52 Site owner's responsibility to act, 91.51 Suspension of residential rental certification, 91.56 Unauthorized removal of postings, 91.57 Definitions, 91.02 Enforcement, 91.07 Open Burning Burning ban or air quality alert, 91.30 Definitions, 91.21 Denial of open burning permit, 91.29 Permit application; permit fees, 91.25 Permit holder responsibility, 91.27 Permit process, 91.26 12 HEALTH AND SAFETY; NUISANCES (Cont'd) Open Burning (Cont'd) Permit required, 91.23 Prohibited materials, 91.22 PUlpose, 91.20 PUlposes allowed, 91.24 Revocation of open burning permit, 91.28 Rules adopted by reference, 91.31 Penalty, 91.99 Prohibited noise, 91.09 Public nuisances affecting health, 91.04 Public nuisances affecting morals and decency, 91.05 Public nuisances affecting peace and safety, 91.06 Public nuisances prohibited, 91.03 PUlpose,91.01 HIGH-DENSITY SINGLE-F AMIL Y RESIDENTIAL DISTRICT (R-2A), 154.037 IMPOUNDING, 90.06 INDUSTRIAL DISTRICT (1-1),154.042 INDUSTRIAL EXTERIOR BUILDING MATERIALS, 154.070 KENNELS, 90.07 LANGUAGE, CONDUCT AND ATTIRE IN PARKS, 92.15"- _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ -1 = = -( Deleted:. i Deleted: 92.99 LIQUOR REGULATIONS Adoption of state law by reference, 111.0 I Application for license, 111.10 Applications for renewal, 111.12 Building changes, 111.24 City may be more restrictive than state law, 111.02 Conditions of license, 111.17 Consumption in public places, 111.05 Council discretion to grant or deny a license, 111.09 Definitions, 1Il.03 Description of premises, 111.11 Effective date, 111.27 Hearing and issuance, 111.15 Hearing notice for revocation or suspension of license, 111.21 Hours and days of sale, 111.18 Inactive license, 111.23 13 LIQUOR REGULATIONS (Cont'd) Investigation, 111.14 Kinds of liquor license, 111.07 License fees; pro rata; payment; refunds retail license fees, 111.08 Nudity on the premises of licensed establishments is prohibited, 111.04 Presumptive civil penalties, 111.26 Prohibited conditions, 111.22 Public character of liquor sales, 111.25 Restrictions involving underage persons, 111.19 Restrictions on issuance, 111.16 Revocation or suspension oflicense, 111.20 Term and expiration of licenses, 111.06 Transfer of license, 111.13 LITTERING, 92.0~ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ~ : = LOITERING, 130.02,_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ __ Deleted: , Deleted: 92.99 Deleted: , 130.99 LURKING, 130.02, _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - -{ Deleted: , 130.99 MAILBOX PLACEMENT AND INSTALLATION, 93.03 THERAPUTIC MASSAGI; _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - -{ Deleted: PARLORS Certificates Conditions governing issuance of certificate, 115.34 Contents of application for certificate, 115.31 Fee, investigation fee and year, 115.32 Health and disease control, 115.36 Investigation of application, 115.33 Massage certificate required, 115.30 Restrictions and regulations, 115.35 Revocation, suspension or nonrenewal of certificate, 115.37 Definitions, 115.02 Distinction; exemptions, 115.03 Enforcement Appeals, 115.50 Liability for crimes of another, 115.51 Licenses Conditions governing issuance of license, 115.19 Construction and maintenance requirements, 115.20 Contents of application, 115.16 Granting or denial oflicenses, 115.18 License fee, investigation fee and license year, 115.17 Licenses required, 115.15 Penalty, 115.99 14 Statement of policy, 115.01 MAYOR, 30.01,30.02 MINNESOTA BUILDING CODE, 150.01, 150.99 ~~}'{~1!i~TRlC~---__ --- ---------- ------ --------------------j::i:::::: MOBILE HOME PARKS Building pennit, 154.052 Conditional use pennit, 154.051 Mobile home park facilities building, 154.054 Mobile Home Park District (R-M), 154.050 Register of occupants, 154.055 Revocation of pennit, 154.057 Site requirements, 154.053 Supervision, 154.056 MUNIClP AL UTILITIES Connection charges, 51.07 Connection or tapping prohibited; delinquent assessments or charges, 51.06 Contractual contents, 51.04 Definitions, 51.01 Fixing rates and charges for municipal utilities, 51.02 Fixing rates and charges for public utilities, 51.03 Mandatory connection to public systems, 51.08 Rules and regulations relating to municipal utilities, 51.05 Rules and regulations relating to sewerage service, 51.1 0 Rules and regulations relating to stonnwater drainage utility, 51.11 Rules and regulations relating to water service, 51.09 NONDOMESTIC ANIMALS, 90.04 NUISANCES Abatement, 91.08 Cleanup of Clandestine Drug Lab and Chemical Dump Sites Action by Building Official or designee, 91.50 City action and recovery of costs, 91.53 City Council review/right to appeal, 91.60 Declaration as public health nuisance, 91.47 Definitions, 91.46 Entry into or onto site, 91.5 8 General provisions, 91.45 15 Law enforcement action, 91.48 Recovery of costs from persons causing damage, 91.54 NUISANCES (Cont'd) Cleanup of Clandestine Drug Lab and Chemical Dump Sites (Cont'd) Removal of personal property from the site, 91.59 Seizure of property, 91.49 Site owner and address, 91.55 Site owner's responsibility for costs, 91.52 Site owner's responsibility to act, 91.51 Suspension of residential rental certification, 91.56 Unauthorized removal of po stings, 91.57 Definitions, 91.02 Enforcement, 91.07 Open Burning Burning ban or air quality alert, 91.30 Definitions, 91.21 Denial of open burning permit, 91.29 Permit application; permit fees, 91.25 Permit holder responsibility, 91.27 Permit process, 91.26 Permit required, 91.23 Prohibited materials, 91.22 Purpose, 91.20 Purposes allowed, 91.24 Revocation of open burning permit, 91.28 Rules adopted by reference, 91.31 Penalty, 91.99 Prohibited noise, 91. 09 Public nuisances affecting health, 91.04 Public nuisances affecting morals and decency, 91.05 Public nuisances affecting peace and safety, 91.06 Public nuisances prohibited, 91.03 Purpose, 91.01 OPEN BURNING Burning ban or air quality alert, 91.30 Definitions, 91.21 Denial of open burning permit, 91.29 Penalty, 91.99 Permit application; permit fees, 91.25 Permit holder responsibility, 91.27 Permit process, 91.26 Permit required, 91.23 Prohibited materials, 91.22 Purpose, 91.20 16 OPEN BURNING (Cont'd) Purposes allowed, 91.24 Revocation of open burning permit, 91.28 Rules adopted by reference, 91.31 OPEN FIRES PROHIBITED IN PARKS, 92.09 1-- ~--------------------~------------------- OVERNIGHT PARKING OR OCCUPANCY IN PARKS, 92.08.._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ -1:.- PARKING PROHIBITIONS, 71.01, 71.99 Deleted: . Deleted: 92.99 Deleted: , 1 Deleted: 92.99 ] PARKS AND RECREATION COMMITTEE, 31.01, 31.02 PARKS AND RECREATION Administration and Enforcement City personnel, 92.31 Variances, 92.30 Alcoholic beverages; intoxication, 92.05 Climbing of trees and on buildings, 92.16 Definitions, 92.01 Discharge and possession of firearms, 92.1 L 130.03. Erection of structures, 92.03 Fireworks, 92.17 Hours, 92.07 Language, conduct and attire, 92.15 Littering, 92.04 Open fires prohibited, 92.09 Overnight parking or occupancy, 92.08 Re!tie! J-_a/{~ _ _ . _ _ . . .. . . . _ . . . _. . _ _ . .. . .. . . . _ _ _ . . . . _ _ _ _ . _ . .. _ . . _ . _ _ . . _ . _ _ ... _ - { Formatted: French (France) Definitions, 92.46 Enforcement, 92.48 Exceptions, 92.49 Notification, 92.50 Purpose, intent and application, 92.45 Surface zoning by restricting speeds and areas of activity, 92.47 ~~~~~~~:ef:~{~~~ll!:~~t~~{!i property, 92:02- - - - - - - - - - - - . - . - - - . - - . . - - - . - - . - - . .1- - i Deleted: PenaJw. 929~ Riding of horses and other animals, 92.13 Unattended animals, 92.14 Vehicle traffic, 92.06 Washing of vehicles, 92.10 17 I PAWNBROKERS Adequate signage, 112.16 Conditional licenses, 112.08 Death of licensee, 112.09 Definitions, 112.01 Denial, suspension or revocation of license, 112.17 Holding items, 112.12 Hours of operation, 112.14 Investigations, 112.05 License application, bond and fee, 112.03 Licenses required, 112.02 Penalty, 112.99 Persons and places ineligible for licenses, 112.07 Police orders, 112.13 Prohibited acts, 112.15 Provisions of state law adopted, 112.19 Public hearing, 112.06 Records required, 112.10 Redemption period, 112.18 Site plan, 112.04 Stolen goods; weapons, 112.11 PEDDLERS Definitions, 113.01 Exceptions to definitions, 113.02 Exclusion by placard, 113.09 License or registration ineligibility, 113.04 License or registration suspension and revocation, 113.05 License or registration transferability, 113.06 Licensing or registration, 113.03 Prohibited activities, 113.08 Registration, 113.07 PEL TIER LAKE Definitions, 92.46 Enforcement, 92.48 Exceptions, 92.49 Notification, 92.50 {~J:~~tJ~i t~dr~~~i~~o-:~!e~t~d areas of activ[tY,-9-i<iY - - - - - - - - - - - - - - - - - - - - - - - - - - - i Deleted: Penalty, 929~ PENALTY, 10.99 18 PERSONNEL POLICIES ADOPTED BY REFERENCE, 30.04 PLANNED UNIT DEVELOPMENTS Access to public right-of-way, 154.225 Action on final application, 154.256 Actions, 154.252 Amendments, 154.258 Application, 154.251 Arrangement of commercial uses, 154.230 Arrangement of industrial uses, 154.240 Completion, 154.259 Construction, 154.261 Documentation required, 154.255 Final review and approval, 154.254 General requirements, 154.210 Homeowners' association, 154.263 Maintenance of common open space, 154.262 Minimum lot size, 154.223 Minimum size, 154.222 Objectives, 154.200 Open space, 154.227 Parking, 154.228 Pre-application meeting; procedure, 154.250 PUD agreement, 154.253 Relationship ofPUD site to adjacent areas, 154.221 Setback and side yard requirements, 154.224 Site improvements, 154.260 Time limit, 154.257 Uses permitted, 154.220 Utility requirements, 154.226 PLANNING AND ZONING COMMISSION, 31.01, 31.02 POSTING SIGNS AND PLACARDS IN PARKS, 92.12L _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ~ _ _ _ _ _ ~ 1- --{ Deleted:. 92.99 POTENTIALLY DANGEROUS ANIMALS Designation, 90.30 Notification of new address, 90.31 Penalty, 90.99 Reclaiming animals, 90.33 Special requirements, 90.32 PROPERTY UNDER CONSTRUCTION Site maintenance of property under construction, 150.45, 150.99 19 'no 17/17 PROWLING, 130.0~_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - -{ Deleted: , 130.99 PUBLIC/INSTITUTIONAL DISTRICT (P-l), 154.080 PUBLIC UTILITIES Connection charges, 51.07 Connection or tapping prohibited; delinquent assessments or charges, 51.06 Contractual contents, 51.04 Definitions, 51. 01 Fixing rates and charges for municipal utilities, 51.02 Fixing rates and charges for public utilities, 51.03 Mandatory connection to public systems, 51.08 Rules and regulations relating to municipal utilities, 51.05 Rules and regulations relating to sewerage service, 51.10 Rules and regulations relating to storm water drainage utility, 51.11 Rules and regulations relating to water service, 51.09 RABIES CONTROL, 90.03 REFUSE HAULERS Licensing the collection of refuse, yard waste, recyc1ables and other waste products, 119.01 Penalty, 119.99 REIMBURSEMENT OF COSTS ASSOCIATED WITH CERTAIN DEVELOPMENTS, 150.60, 150.99 RENTAL HOUSING CODE Administration and enforcement, 118.06 Definitions, 118.02 Inspections, 118.05 Licensing of rental units, 118.03 Minimum standards, 118.04 Penalty, 118.99 Purpose and intent, 118.01 RIDING OF HORSES AND OTHER ANIMALS IN PARKS, 92.13. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - -{ Deleted:, 92.99 RURAL RESIDENTIAL DISTRICT (R-l), 154.036 SALARIES OF MAYOR AND COUNCIL MEMBERS, 30.02 20 l SAUNAS Certificates Conditions governing issuance of certificate, 115.34 Contents of application for certificate, 115.31 Fee, investigation fee and year, 115.32 Health and disease control, 115.36 Investigation of application, 115.33 Massage certificate required, 115.30 Restrictions and regulations, 115.35 Revocation, suspension or nonrenewal of certificate, 115.37 Definitions, 115.02 Distinction; exemptions, 115.03 Enforcement Appeals, 115.50 Liability for crimes of another, 115.51 Licenses Conditions governing issuance of license, 115.19 Construction and maintenance requirements, 115.20 Contents ofapplication, 115.16 Granting or denial of licenses, 115.18 License fee, investigation fee and license year, 115.17 Licenses required, 115.15 Penalty, 115.99 Statement of policy, 115.01 SEWER AND/OR WATER SERVICE LINE INSTALLER Bond and insurance, 120.02 Generally, 120.01 Penalty, 120.99 SIGN REGULATIONS Adjustments and appeals, 152.20 Comprehensive sign plan required, 152.19 Definitions, 152.03 District regulations, 152.18 Enforcement, 152.22 General regulations, 152. I 5 Nonconforming signs, 152.21 Penalty, 152.99 Permitted signs with no permit required, 152.16 Portable signs, 152.17 Purpose and intent, 152.02 Title, 152.01 21 1001"'111'" " SINGLE-FAMILY MANUFACTURED HOUSING DISTRICT (R-4), 154.039 SINGLE-FAMILY RESIDENTIAL DISTRICT (R-2), 154.038 SINGLE-FAMILY RESIDENTIAL - ESTATE DISTRICT (R-5), 154.040 SMOKING, see TOBACCO REGULATIONS; SALES SNOWMOBILES Application of traffic ordinances, 72.03 Definitions, 72.02 Equipment, 72.07 Intent, 72.01 Penalty, 72.99 Persons under 18, 72.06 Restrictions, 72.04 Stopping and yielding, 72.05 Unattended snowmobiles, 72.08 SOLICITORS Definitions, 113.01 Exceptions to definitions, 113.02 Exclusion by placard, 113.09 License or registration ineligibility, 113.04 License or registration suspension and revocation, 113.05 License or registration transferability, 113.06 Licensing or registration, 113.03 Prohibited activities, 113.08 Registration, 113.07 SPORTING, ATHLETIC AND MUSIC EVENTS. _._-~------- Permits required. 94.0 I Ultimate fi~hting orohibited. 94.02 / _ - -{ Deleted: , 94.01 .. - - - -{ Formatted: Indent: Left: 0.3" STORMW A TER POLLUTION PREVENTION PLAN Completion of work, 157.18 Enforcement procedures, 157.19 Minimum construction site best management practices, 157.17 Penalty, 157.99 Review process, 157.16 Submittal procedures, 157.15 STREETS AND SIDEWALKS Deposits on streets prohibited, 93.02 Mailbox placement and installation, 93.03 22 STREETS AND SIDEWALKS (Cont'd) Penalty, 93.99 Maintenance of adjoining right of way, 93.04 Maintenance of sidewalks, 93.01 Removal of snow, ice, dirt and rubbish from sidewalks, 93.01 Use of Rights-of-Way Abandoned facilities, 93.32 Appeal, 93.33 Damage to other facilities, 93.30 Definitions, 93.16 Denial of penn it, 93.23 Election to manage, 93.15 Indemnification and liability, 93.31 Inspection, 93.25 Installation requirements, 93.24 Issuance of penn it; conditions, 93.19 Location offacilities, 93.29 Mapping data, 93.28 Patching and restoration, 93.21 Permit applications, 93.18 Permit fees, 93.20 Permit requirement, 93.17 Reservation of regulatory and police powers, 93.34 Revocation of pennits, 93.27 Supplementary applications, 93.22 Supplementary notification, 93.26 SUBDIVISION REGULATIONS Administration and Enforcement Amendments, 153.71 Appeals, 153.72 General, 153.70 Compliance, 153.03 Conflict, 153.04 Construction and Improvements As-built plans, 153.41 Construction plans, 153.38 Developer's agreement, 153.36 Development improvements; site grading, 153.43 Financial security, 153.37 General conditions, 153.35 Improvement and construction; miscellaneous, 153.44 Improvement construction, 153.42 Inspection, 153.39 Prior improvements, 153.40 23 SUBDIVISION REGULATIONS (Cont'd) Definitions, 153.05 Design Standards Blocks, 153.18 Easements, 153.16 General, 153.15 Lots, 153.19 Street, 153.20 Water and sewer systems, 153.17 Penalty, 153.99 Plat Specifications and Procedure Final plat, 153.58 General, 153.55 Preliminary plat, 153.57 Procedures for plat submissions, 153.59 Sketch plan, 153.56 Purpose, 153.02 Title; jurisdiction, 153.01 SUMP PUMPS, 150.30, 150.99 TOBACCO REGULATIONS; SALES Basis for denial of license, 116.05 Compliance checks and inspections, 116.10 Definitions, 116.02 Exceptions and defenses, 116.13 Fees, 116.04 License required, 116.03 Other illegal acts, 116.11 Penalty, 116.99 Prohibited sales, 116.06 Purpose, 116.01 Responsibility, 116.09 Self-service sales, 116.08 Vending machines, 116.07 Violations, 116.12 TRAFFIC REGULATIONS Controlling loud radios in motor vehicles, 70.05 Locking ignition, 70.02 Repairs, 70.04 State Traffic Code adopted, 70.01 V-turns, 70.03 24 TRAFFIC REGULATIONS (Cont'd) Unreasonable acceleration, 70.06 Weight Restrictions Generally, 70.20 Liability for damage, 70.24 Special permits, 70.22 Special road restrictions, 70.23 Weighing, 70.21 TRANSIENT MERCHANTS Definitions, 113.01 Exceptions to definitions, 113.02 Exclusion by placard, 113.09 License or registration ineligibility, 113.04 License or registration suspension and revocation, 113.05 License or registration transferability, 113.06 Licensing or registration, 113.03 Prohibited activities, 113.08 Registration, 113.07 U-TURNS, 70.03 UNATTENDED ANIMALS IN PARKS, 92.14__ _ _ _ __ __ _ _ _ _ u _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _1- - -{ Deleted:, 92.99 ST A TI;.F!~ ~.~)I~~,)_59)Jt _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ -J: = -{ Deleted: UNIFORM i Deleted: , 150.99 USE OF RIGHTS-OF-WAY Abandoned facilities, 93.32 Appeal, 93.33 Damage to other facilities, 93.30 Definitions, 93.16 Denial of permit, 93.23 Election to manage, 93.15 Indemnification and liability, 93.31 Inspection, 93.25 Installation requirements, 93.24 Issuance of permit; conditions, 93.19 Location of facilities, 93.29 Mapping data, 93.28 Patching and restoration, 93.21 Penalty, 93.99 Permit applications, 93.18 Permit fees, 93.20 25 USE OF RIGHTS-OF-WAY (Cont'd) Permit requirement, 93.17 Reservation of regulatory and police powers, 93.34 Revocation of permits, 93.27 Supplementary applications, 93.22 Supplementary notification, 93.26 W ASIDNG OF VEHICLES IN PARKS, 92.1 <t _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - -{ Deleted: , 92.99 WATER AND/OR SEWER SERVICE LINE INSTALLER Bond and insurance, 120.02 Generally, 120.01 Penalty, 120.99 WEIGHT RESTRICTIONS Generally, 70.20 Liability for damage, 70.24 Special permits, 70.22 Special road restrictions, 70.23 Weighing, 70.21 ZONING Administration Amendments, 154.350 Conditional use permits, 154.320 Enforcement and violations, 154.400 Fees and licensing, 154.410 Interim use permits, 154.330 Performance standards, 154.300 Variances, 154.310 Application, 154.003 Definitions, 154.006 Districts and Use Regulations Building permit, 154.052 Commercial District (B-1), 154.060 Conditional use permits, 154.051 Fences, 154.110 General provisions, 154.035 Height, 154.120 High-Density Single-Family Residential District (R-2A), 154.037 Industrial District (I-I), 154.070 Landscaping, 154.180 26 ZONING (Cont'd) Districts and Use Regulations (Cont'd) Mixed Use District (M-l), 154.090 Mobile home park facilities building, 154.054 Mobile Home Park District (R-M), 154.050 Other standards, 154.150 Parking requirements, 154.170 Public/Institutional District (P-l), 154.080 Register of occupants, 154.055 Revocation of permit, 154.057 Rural Residential District (R-l), 154.036 Single-Family Manufactured Housing District (R-4), 154.039 Single-Family Residential District (R-2), 154.038 Single-Family Residential - Estate District (R-5), 154.040 Site requirements, 154.053 Special provisions related to development or building on lands within 100 feet of Centerville Lake, Peltier Lake or Clearwater Creek, 154.140 Supervision, 154.056 Woodlands preservation, 154.160 Yards, 154.130 General interpretation, 154.005 General Regulations Accessory structures and uses, 154.022 Building numbers, 154.025 Final grading and landscaping, 154.024 Home occupations, 154.017 Lot provisions, 154.015 Nonconforming uses and structures, 154.016 Public utilities required, 154.020 Relocated buildings or structures, 154.021 Single-family dwelling requirements, 154.018 Site plan review, 154.023 Temporary dwellings and structures, 154.019 Jurisdiction, 154.002 Penalty, 154.999 Planned Unit Developments Access to public right-of-way, 154.225 Action on final application, 154.256 Actions, 154.252 Amendments, 154.258 Application, 154.251 Arrangement of commercial uses, 154.230 27 ZONING (Cont'd) Planned Unit Developments (Cont'd) Arrangement of industrial uses, 154.240 Completion, 154.259 Construction, 154.261 Documentation required, 154.255 Final review and approval, 154.254 General requirements, 154.210 Homeowners' association, 154.263 Maintenance of common open space, 154.262 Minimum lot size, 154.223 Minimum size, 154.222 Objectives, 154.200 Open space, 154.227 Parking, 154.228 Pre-application meeting; procedure, 154.250 PUD agreement, 154.253 Relationship ofPUD site to adjacent areas, 154.221 Reserved for future expansion, 154.229 Setback and side yard requirements, 154.224 Site improvements, 154.260 Time limit, 154.257 Uses permitted, 154.220 Utility requirements, 154.226 Scope and interpretation, 154.004 Title; purpose, 154.001 28 Chapter I no ''''711 "'7 TITLE I: GENERAL PROVISIONS 10. GENERAL PROVISIONS CHAPTER 10: GENERAL PROVISIONS Section 10.01 Title of code 10.02 Rules of interpretation 10.03 Application to future ordinances 10.04 Captions 10.05 Definitions 10.06 Severability 10.07 Reference to other sections 10.08 Reference to offices 10.09 Errors and omissions 10.10 Officialtime 10.11 Reasonable time 10.12 Ordinances repealed 10.13 Ordinances unaffected 10.14 Effective date of ordinances 10.15 Repeal or modification of ordinance 10.16 Ordinances which amend or supplement code 10.17 Preservation of penalties, offenses, rights and liabilities 10.18 Copies of code 10.19 Adoption of statutes and rules by reference 10.79 Administrative offense 10.99 General penalty ~ 10.01 TITLE OF CODE. (A) (1) All ordinances ofa permanent and general nature of the City ofCenterville, as revised, codified, rearranged, renumbered and consolidated into component codes, titles, chapters and sections, shall be known and designated as the city code, for which designation code of ordinances, codified ordinances or code may be substituted. (2) Code title, chapter and section headings do not constitute any part of the law as contained in the code. (B) (1) All references to codes, titles, chapters and sections are to the components of the code unless otherwise specified. Any component code may be referred to and cited by its name, such as the traffic code. (2) Sections may be referred to and cited by the designation 'T' followed by the number, such as ~ 10.01. (3) Headings and captions used in this code other than the title, chapter and section numbers are employed for reference purposes only and shall not be deemed a part of the text of any section. ~ 10.02 RULES OF INTERPRETATION. (A) Generally. Unless otherwise provided herein, or by law or implication required, the same rules of construction, definition and application shall govern the interpretation ofthis code as those governing the interpretation of state law. (B) Specific rules of interpretation. The construction of all ordinances of this city shall be by the following rules, unless that construction is plainly repugnant to the intent of the legislative body or of the context of the same ordinance. (1) AND or OR. Either conjunction shall include the other as if written and/or, whenever the context requires. (2) Acts by assistants. When a statute, code provision or ordinance requires an act to be done which, by law, an agent or deputy as well may do as the principal, that requisition shall be satisfied by the performance of the act by an authorized agent or deputy. (3) Gender; singular and plural; tenses. Words denoting the masculine gender shall be deemed to include the feminine and neuter genders; words in the singular shall include the plural, and words in the plural shall include the singular; the use of a verb in the present tense shall include the future, if applicable. (4) General term. A general term following specific enumeration ofterms is not to be limited to the class enumerated unless expressly so limited. ~ 10.03 APPLICATION TO FUTURE ORDINANCES. All provisions of Title I compatible with future legislation shall apply to ordinances hereafter adopted which amend or supplement this code unless otherwise specifically provided. ~ 10.04 CAPTIONS. Headings and captions used in this code other than the title, chapter and section numbers are employed for reference purposes only and shall not be deemed a part of the text of any section. ~ 10.05 DEFINITIONS. (A) General rule. (I) Words and phrases shall be taken in their plain, or ordinary and usual sense. (2) However, technical words and phrases having a peculiar and appropriate meaning in law shall be understood according to their technical import. (B) Definitions. For the purpose of this code, the following definitions shall apply unless the context clearly indicates or requires a different meaning. CITY. (a) The City ofCenterville, Minnesota. The area within the corporate boundaries of the city as presently established or as amended by ordinance, annexation or other legal actions at a future time. (b) The term CITY when used in this code may also be used to refer to the City Council and its authorized representatives. CODE, THIS CODE or THIS CODE OF ORDINANCES. This city code as modified by amendment, revision and adoption of new titles, chapters or sections. COUNTY. Anoka County, Minnesota. MA Y. The act referred to is permissive. MONTH. A calendar month. OATH. (a) An affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in those cases the words SWEAR and SWORN shall be equivalent to the words AFFIRM and AFFIRMED. All terms shall mean a pledge taken by the person and administered by an individual authorized by state law. OFFICER, OFFICE, EMPLOYEE, COMMISSION or DEPARTMENT. An officer, office, employee, commission or department of this city unless the context clearly requires otherwise. PERSON. (a) Extends to and includes an individual, person, persons, firm, corporation, copartnership, trustee, lessee or receiver. (b) Whenever used in any clause prescribing and imposing a penalty, the terms PERSON or WHOEVER as applied to any unincorporated entity shall mean the partners or members thereof, and as applied to corporations, the officers or agents thereof. PRECEDING or FOLLOWING. Next before or next after, respectively. SHALL. The act referred to is mandatory. SIGNA TURE or SUBSCRIPTION. Includes a mark when the person cannot write. STATE. The State of Minnesota. SUBCHAPTER. A division of a chapter, designated in this code by a heading in the chapter analysis and a capitalized heading in the body of the chapter, setting apart a group of sections related by the subject matter of the heading. Not all chapters have SUBCHAPTERS. WRITTEN. Any representation of words, letters or figures, whether by printing or otherwise. YEAR. A calendar year, unless otherwise expressed. ~ 10.06 SEVERABILITY. If any provision of this code as now or later amended or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions that can be given effect without the invalid provision or application. ~ 10.07 REFERENCE TO OTHER SECTIONS. Whenever in one section reference is made to another section hereof, that reference shall extend and apply to the section referred to as subsequently amended, revised, recodified or renumbered unless the subject matter is changed or materially altered by the amendment or revision. ~ 10.08 REFERENCE TO OFFICES. Reference to a public office or officer shall be deemed to apply to any office, officer or employee of this city exercising the powers, duties or functions contemplated in the provision, irrespective of any transfer of functions or change in the official title of the functionary. ~ 10.09 ERRORS AND OMISSIONS. If a manifest error is discovered, consisting of the misspelling of any words; the omission of any word or words necessary to express the intention of the provisions affected; the use of a word or words to which no meaning can be attached; or the use of a word or words when another word or words was clearly intended to express the intent, the spelling shall be corrected and the word or words supplied, omitted or substituted as will conform with the manifest intention, and the provisions shall have the same effect as though the correct words were contained in the text as originally published. No alteration shall be made or permitted if any question exists regarding the nature or extent of the error. ~ 10.10 OFFICIAL TIME. The official time, as established by applicable state and federal laws, shall be the official time within this city for the transaction of all city business. ~ 10.11 REASONABLE TIME. (A) In all cases where an ordinance requires an act to be done in a reasonable time or requires reasonable notice to be given, reasonable time or notice shall be deemed to mean the time which is necessary for a prompt performance of the act or the giving of the notice. (B) The time within which an act is to be done, as herein provided, shall be computed by excluding the first day and including the last. If the last day is a legal holiday or a Sunday, it shall be excluded. ~ 10.12 ORDINANCES REPEALED. (A) This code, from and after its effective date, shall contain all of the provisions ofa general nature pertaining to the subjects herein enumerated and embraced. (B) All prior ordinances pertaining to the subjects treated by this code shall be deemed repealed from and after the effective date of this code. ~ 10.13 ORDINANCES UNAFFECTED. All ordinances of a temporary or special nature and all other ordinances pertaining to subjects not embraced in this code shall remain in full force and effect unless herein repealed expressly or by necessary implication. ~ 10.14 EFFECTIVE DATE OF ORDINANCES. All ordinances passed by the legislative body requiring publication shall take effect from and after the due publication thereof, unless otherwise expressly provided. ~ 10.15 REPEAL OR MODIFICATION OF ORDINANCE. (A) Whenever any ordinance or part of an ordinance shall be repealed or modified by a subsequent ordinance, the ordinance or part of an ordinance thus repealed or modified shall continue in force until the publication of the ordinance repealing or modifying it when publication is required to give effect to it, unless otherwise expressly provided. (B) No suit, proceedings, right, fine, forfeiture or penalty instituted, created, given, secured or accrued under any ordinance previous to its repeal shall in any way be affected, released or discharged, but may be prosecuted, enjoyed and recovered as fully as if the ordinance had continued in force unless it is otherwise expressly provided. (C) When any ordinance repealing a former ordinance, clause or provision shall be itself repealed, the repeal shall not be construed to revive the former ordinance, clause or provision, unless it is expressly provided. ~ 10.16 ORDINANCES WHICH AMEND OR SUPPLEMENT CODE. (A) If the City Council shall desire to amend any existing chapter or section of this code, the chapter or section shall be specifically repealed and a new chapter or section, containing the desired amendment, substituted in its place. (B) (1) Any ordinance which is proposed to add to the existing code a new chapter or section shall indicate, with reference to the arrangement of this code, the proper number of the chapter or section. (2) In addition to this indication as may appear in the text ofthe proposed ordinance, a caption or title shall be shown in concise form above the ordinance. ~ 10.17 PRE SE RV A TION OF PENAL TIES, OFFENSES, RIGHTS AND LIABILITIES. All offenses committed under laws in force prior to the effective date of this code shall be prosecuted and remain punishable as provided by those laws. This code does not affect any rights or liabilities accrued, penalties incurred or proceedings begun prior to the effective date of this code. The liabilities, proceedings and rights are continued; punishments, penalties or forfeitures shall be enforced and imposed as if this code had not been enacted. In particular, any agreement granting permission to utilize highway rights-of-way, contracts entered into or franchises granted, the acceptance, establishment or vacation of any highway, and the election of corporate officers shall remain valid in all respects, as if this code had not been enacted. ~ 10.18 COPIES OF CODE. The official copy of this code shall be kept in the office ofthe City Administrator for public inspection. The City Administrator shall provide a copy for sale for a reasonable charge. ~ 10.19 ADOPTION OF STATUTES AND RULES BY REFERENCE. It is the intention of the City Council that, when adopting this code, all future amendments to any state or federal rules and statutes adopted by reference in this code or referenced in this code are hereby adopted by reference or referenced as if they had been in existence at the time this code was adopted, unless there is clear intention expressed in the code to the contrary. ~ 10.79 ADMINISTRATIVE OFFENSE. (A) Purpose. Administrative offense procedures established pursuant to this section are intended to provide the public and the city with an informal, cost-effective and expeditious alternative to traditional criminal charges for violations of certain code provisions. The procedures are intended to be voluntary on the part of those who have been charged with administrative offenses. At any time prior to the payment of the administrative penalty as is provided for in division (I), the individual may withdraw from participation in the procedures, in which event, the city may bring criminal charges. In addition, the city, in its discretion, may choose not to initiate an administrative offense and may bring criminal charges in the first instance. In the event a party participates in the administrative offense procedures but does not pay the monetary penalty which may be imposed, the city may seek to collect the costs ofthe administrative offense procedures as part of any subsequent criminal sentence, in the event the party is charged and is adjudicated guilty of the criminal violation. (B) Administrative offense defined A violation of any section of this code when one performs an act prohibited or fails to act when such failure is thereby prohibited and is subject to the penalties set forth in this code. (C) Notice. Any officer of the City Police Department, or any other person employed by the city, authorized in writing by the City Administrator, and having authority to enforce this code, shall, upon determining that there has been a violation, notifY the violator, or in the case of a vehicular violation, attach to the vehicle a notice of the violation. Said notice shall set forth the nature, date and time of violation, the name of the official issuing the notice, and the amount of the scheduled penalty. (D) Payment. Once such notice is given, the alleged violator may, within seven days of the time of issuance of the notice, pay the amount set forth on the schedule of penalties for the violation, or may request that the matter be referred to the Anoka County Courts. The penalty may be paid in person or by mail, and payment shall be deemed to be an admission of the violation. Administrative penalties for tags issued by the Centennial Lakes Police Department shall be paid to the Centennial Lakes Police Department. (G) Failure to pay. In the event a party charged with an administrative offense fails to pay the penalty, criminal charges may be brought against the alleged violator in accordance with applicable Code sections or state statutes. If the penalty is paid, no such charge may be brought by the city for same violation. (H) Disposition of penalties. All penalties collected shall be periodically paid over to the City Finance Department. (I) Offenses and penalties. Penalties shall be imposed for violation of the scheduled administrative offenses according to a schedule duly established and adopted from time to time by resolution of the City Council. Any person violating a section of this code shall be subject to the scheduled penalty, not to exceed the amount provided for petty misdemeanors. (J) Subsequent offenses. In the event a party is charged with a subsequent administrative offense within a 12-month period of paying that administrative penalty for a same or similar offense, the subsequent administrative penalty shall be increased by 25 percent above the previous administrative penalty . ~ 10.99 GENERAL PENALTY. (A) Any person, firm or corporation who violates any provision of this code for which another penalty is not specifically provided shall, upon conviction, be guilty of a misdemeanor. (B) Any person, firm or corporation who violates any provision of this code, including Minnesota Statutes specifically adopted by reference, which is designated to be a petty misdemeanor shall, upon conviction, be guilty of a petty misdemeanor. (C) In either the case of a misdemeanor or a petty misdemeanor, the costs of prosecution may be added. A separate offense shall be deemed committed upon each day during which a violation occurs or continues. (D) The failure of any officer or employee of the city to perform any official duty imposed by this code shall not subject the officer or employee to the penalty imposed for a violation. Chapter TITLE III: ADMINISTRATION 30. GENERAL PROVISIONS 31. DEPARTMENTS, BOARDS, COMMISSIONS AND COMMITTEES CHAPTER 30: GENERAL PROVISIONS Section 30.01 Elections; tenns of Mayor and Council Members 30.02 Salaries of Mayor and Council Members 30.03 Administrator 30.04 Personnel policies adopted by reference 30.05 Community Service Officer 30.06 Building Inspector ~ 30.01 ELECTIONS; TERMS OF MAYOR AND COUNCIL MEMBERS. (A) Date of elections. The regular city election shall be held biennially on the first Tuesday after the first Monday in November in every even-numbered year. (B) Terms of Mayor and Council Members. Two Council Members shall be elected for four-year tenns at each biennial election. The Mayor shall be elected for a two-year tenn at each such election. (Ord. 9, passed 6-12-1974) ~ 30.02 SALARIES OF MAYOR AND COUNCIL MEMBERS. The salaries for the Mayor and Council Members shall be as established from time to time by ordinance. (Ord. 23, passed 8-14-1974; Am. Ord. passed 10-13-1976; Am. Ord. passed 6-22-1978; Am. Ord. passed 7-23-1980; Am. Ord. passed 1-1-1991; Am. Ord. passed 9-8-2004) (A) Obligation to attend meetings. It is the obligation of each elected official to attend regular and special meetings and; the Council may compel the attendance of members. There will be no penalty for members missing up to three (3) regular or special meetings per year; thereafter a missed meeting will result in a deduction from compensation of $50.00 per meeting, unless excused by majority vote of Council. (B) Salary of Mayor. The salary of the Mayor is hereby established at $525.00 per month. (C) Salary of Council. The salary for Council Members is hereby established at $450.00 per month. (D) Eligibility for employment. An incumbent mayor or council member may not be considered for regular employment with the City unless such person has resigned from such elected office before making application for employment. A former Mayor or Council Member may not be considered for the positions of Administrator, Finance Director or Public Works Director unless at least 12 months has elapsed since holding such elected office. (E) Duties of Mayor. The mayor shall preside at meetings of the council and shall have a vote as a member, except that the council shall choose from its members a mayor pro tem who shall hold office at the pleasure of the council and shall serve as mayor in case of the mayor's disability or absence. The mayor shall exercise all powers and perform all duties conferred and imposed upon the mayor by ordinances of the city and the laws of the state. The mayor shall be recognized as the head of city government for all ceremonial purposes, by the courts for serving civil process, and by the governor for purposes of marital law, but shall have no administrative duties unless specifically ordained. The mayor may deliver messages to the council and the public, including a comprehensive message on the annual state of the city. (F) Duties of the Council. The council, including the mayor sitting as presiding officer of the council, shall exercise all powers and perform all duties conferred and imposed upon its members by ordinances of the city and the laws of the state. Consistent with the responsibilities to accept considerable leadership over the general conduct of city affairs, the members shall study the operations of the city government, and recommend desirable changes and improvements to the council. To that end the members must perform all of the duties of office including but not limited to attendance at all regular and special meetings to the council, and all attendant and supporting duties such as service on, or liaison to committees of city government or city services, serving as public representatives of the city, and by generally educating themselves about the affairs of government by listening and responding to members of the community. (Revising and striking previous text 7-26-06; amended 8-9-06.) ~ 30.03 ADMINISTRATOR. (A) Generally. The Administrator shall have the duties and responsibilities set forth below. (B) Duties. The Administrator shall: (1) Direct the administration of city affairs as provided by City Council action, state and federal statutes, and coordinate with the City Council in the administration of city affairs; (2) Perform all functions of Clerk and Treasurer imposed by state law and city ordinances; (3) Coordinate and enforce all ordinances, regulations and law enforcement policies ofthe City Council and all laws of the state applicable within the city; (4) Prepare an annual fiscal budget and capital improvement plan for submission to the City Council, maintain financial guidelines for the city within the scope of the approved budget and capital plan and submit monthly reports to the City Council of the financial condition of the city's accounts; (5) Administer an account book/records in which shall be entered all money transactions of the city, including the dates, amounts and the person or business from whom the money was received or paid out to, and administer expenditure of funds only within the limits established and approved by the City Council; (6) Attend and participate in all City Council meetings, and attend with discretion or by invitation other committee and commission meetings; (7) Coordinate city programs and activities as authorized by the City Council; and (8) Coordinate development, collect and analyze material for reporting, conduct and implement studies, procedures, operations and organization. (C) Bonding. The Administrator shall be bonded at the city's expense. This shall be a position bond which will indemnify the city. (D) Absence or temporary vacation. In the absence of or temporary vacancy in the position of Administrator, the title of Administrator as written in all ordinances and resolutions adopted by the City Council shall be replaced with the title of City Council. (E) Appointment and removal. (1) The Administrator shall be appointed by the City Council with a majority vote. (2) Removal of the Administrator will be by a majority vote of the City Council. (Ord. 22-A, passed 7-27-1988) ~ 30.04 PERSONNEL POLICIES ADOPTED BY REFERENCE. The personnel policies of the city, as may be revised from time to time, are hereby adopted by reference and shall be treated as if set forth in full herein. ~ 30.05 COMMUNITY SERVICE OFFICER. (A) Definition. A Community Service Officer (CSO)/Crime Prevention Officer (CPO) is a non- sworn uniformed officer who is required to work under varying conditions with different members of the Police Department and the communities. (B) Powers. Notwithstanding anything to the contrary contained in this section, individuals employed as Community Service Officers by the Centennial Lakes Police Department, or other entity which provides law enforcement services to the city, are hereby authorized to issue citations in lieu of arrest or continued detention to persons who violate any provision of the code or state statutes as are authorized by the Police Chief of the Department. ~ 30.06 BUILDING INSPECTOR. (A) The duly appointed Building Official is authorized to issue citations in lieu of arrest or continued detention to persons who violate ordinances of the city. (B) This section is adopted to comply with the requirement in Chapter 334, Section 5 of Laws 1987 Regular Session. (Ord. 47, passed 2-8-1989) I nQ 17/17 CHAPTER 31: DEPARTMENTS, BOARDS, COMMISSIONS AND COMMITTEES Section 31.01 31.02 Establishment of Planning and Zoning Commissio~~ ~~!c~ !U!~ ~~~r~~t!oJ1_ <;:~l1llpjt!e_e _ _ _ - - Bylaws for committees ~ 31.01 ESTABLISHMENT OF PLANNING AND ZONING COMMISSION.A~~_~~~.!<.$_ _ _ _ _- _- AND RECREATION COMMITTEE. (A) This section establishes a City Planning and Zoning Commission,. and a Parks and Recreation _ _ - Committee. The purpose of these Committees is advisory and they may make-recommendations to ihe - 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. I T______________________________________________________________________--- (C) Appointments. " Deleted: , Economic Development Committee Deleted: , ECONOMIC DEVELOPMENT COMMITTEE Deleted: , an Economic Development Committee for the pwpose of promoting economic development Deleted: . . (2) . Additionally, the Economic Development Committee (EDC) may recommend to Council the appointment of business owners or principals to the Committee who are not residents but own businesses within the city.~ (I) 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 I 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 final 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, "1 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. Uno 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 faIling 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 ofthe 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. (l) The minutes should be written in language and in terms the average citizen understands. (2) If the Committee finds 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; (t) 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 of the 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. (J) 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 ofthe 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. If the 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) Removalfrom 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 of Centerville Ethics Policy. (U) Incompatible offices. If a Committee Member receives a certificate of election to the City Councilor 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 TITLE V: PUBLIC WORKS 50. GARBAGE AND RUBBISH 51. MUNICIPAL AND PUBLIC UTILITIES CHAPTER 50: GARBAGE AND RUBBISH Section 50.01 Definitions 50.02 Care of refuse 50.03 Municipal contracting ~ 50.01 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. FARM. Shall consist of any tract of land five acres or greater in area used for agricultural purposes. GARBAGE. Organic waste, including discarded material resulting from the handling, processing, storage, preparation, serving and consumption of food. REFUSE. Solid waste, including garbage and refuse, but excluding yard waste, recyclables and hazardous waste. RUBBISH. Solid waste, including ashes consisting of both combustible and noncombustible wastes, such as wood, bedding, crockery and other non-reusable waste; the term also includes non- recyclable types of glass, paper, cardboard and metal cans. ~ 50.02 CARE OF REFUSE. It shall be the duty of every tenant, lessee or occupant of every private dwelling house or commercial enterprise, and the owner of every furnished flat or apartment house, or business building, except upon a farm, to provide without expense to the city, and at all times to keep upon the lot upon which the building is located, suitable and sufficient receptacles with suitable handles and having a tight-fitting cover for receiving and holding without leakage or escape of odors all the refuse which would ordinarily accumulate on the premises in one week's time and shall properly remove and dispose of at least weekly. Except for collection day, the receptacles shall be stored on private property and reasonably screened from view of the street. I . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - 1 Deleted: Penalty, see ~ 10.99 ~ 50.03 MUNICIPAL CONTRACTING. The City Council, at its discretion, may contract with a single waste hauler to pick up and dispose of waste and recyclables from properties in the city. The contract for the collection of garbage in the city shall be for terms and upon such conditions as the City Council may from time to time determine. For those classes of property covered by municipal contract, it shall be unlawful for any other person or persons, except the contracted hauler, to move or carry away any refuse or recyclables, except from his or her own premises, except by special permission of the City Council. It shall be lawful in case any person shall default in the payment of the garbage collection fees due the contracted municipal hauler, for the City Council to collect delinquent hauler fees from the person or the owner of the real property from which the waste was collected by civil action or by assessing the same against the real estate. (Ord. I, passed 2-27-1959~_ _ u_____ __ _ _ u _ __ _ _ _ _ _ _ _ _ _ _ _ u_ _ _ _ _ _ _ _ __ __ _ _ _ _ _ _ u __/1 Deleted: Penalty,see~IO.99 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 of this 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 of limitation, 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 of the 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 of the filing, the Council shall adopt a resolution and serve the same upon the resident superintendent ofthe 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 of the 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 I no J-, 11~ t 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. (l) 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. (l) 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. (1) 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 of Centerville, Minnesota. Ifthe 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 ofthree-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 ofthe premises. Water service may be discontinued until the 'nR/7/17 PR7 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 of the 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: Penalty, 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 ofthe 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 I'll) I~ lot..,. 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 orovisions of this chapter. PloJ>~~ _s~JY~~ _by _ ~ pJj~~t~ ~a!c::r _ o! _ j _ - Deleted: p private sewer system shall immediately ..c9I1I!C::C! !~ Pl1~l!c_ ~e_~e! ..Q,!:J!u!>!i~ _~aJ~ 'Yhenever ~P!iy~t~ _ _ - Deleted: prompdy sewer or private water system fails. falls into disrepair. pr _c!c::a!e_s _aJ!uls_lI!l~C:: ~r_ i!e!l!t~ !t~~. _ _ _ _ _ _ _ _ '-,-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. (A.mended ##/##/iooii-f - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - t - - -{ Deleted: Penalty, see ~ 10.99 ~ 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 offailure 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 failedJ it~ s~h~U ~b~ ~s~l!l~~ if! ~~C~O!<!an~t: ~!h_ !h~ ~I\1~nn~~o!l! P~Pl!f!t!1t:f!t ~o( _ _ - Health regulations. (I) Except as otherwise provided by law. no person may drill or bore a new or replacement well without first havin~ obtained the appropriate wel1 boring permit from the city. Work performed pursuant to a well boring permit shal1 be inspected. Wel1 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 of this code. comment: Wells are regulated by Dept of Heallh Regulations. Centerville cannot realistically preempt these regulations (unless 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 annually as meeting standards adooted 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 _ea~h yel!r. !~Ul!r~ to file ~ w_ell _ - -{ 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 Health 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 comoetent iurisdiction for a warrant to enter-- - - -{ Formatted: Bullets and Numbering private property to inspect. test. or seal a well or well boring. (5) Well borinft vermit fee. The city shall establish a well boring permit fee in the amount sufficient to recover the following costs: (i) The city 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 of lawful 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 ,---------------------------------------------------------------------- (Amended ##/##/200#) . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - { Deleted: 11 ~ 51.10 RULES AND REGULATIONS RELATING TO SEWERAGE SERVICE. (A) Purpose and regulations. (1 ) 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 U.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. InA/7/17 D7') 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 storm water, ground water, roof runoff, surface drainage or non-contact cooling water to any sanitary sewer. (b) Storm water 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 ofa 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/I, 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 I04EF (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) of the 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 ofthe 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 15 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 ofinfiltrationlinflow. (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. lno 1~/1~ " (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 ofthe 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. (1) 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 of the 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 PI!<! ~!o~~a!e! ~~oll!1!i<?1! .?!~v~!l~~1!. ~~lI!l jlI1~ ~a.!lY ~ 1- - additional storm sewer facilities that may be acquired or otherwise included as determined by the City - Council. (Ord. 56, passed 1-22-1992)(Amended ##/##/200#) Deleted: (May 1990) Deleted: (May 2003) ~. (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 stormwater drainage system. These fees will be calculated by the City Engineer and/or in accordance with the Stormwater Drainage Master Plan or Storm water 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 TITLE VII: TRAFFIC CODE 70. TRAFFIC REGULATIONS 71. PARKING REGULATIONS 72. SNOWMOBILES CHAPTER 70: TRAFFIC REGULATIONS Section General Provisions 70.01 State Traffic Code adopted 70.02 Locking ignition 70.03 U-turns 70.04 Repairs 70.05 Controlling loud radios in motor vehicles 70.06 Unreasonable acceleration Weight Restrictions 70.20 Generally 70.21 Weighing 70.22 Special permits 70.23 Special road restrictions 70.24 Liability for damage Cross-reference: Parking Regulations, see Ch. 71 Snowmobiles, see Ch. 72 GENERAL PROVISIONS ~ 70.01 STATE TRAFFIC CODE ADOPTED. The regulatory provisions of M.S. Chapters 168, 169, 170 and 171, each as amended by subsequent laws of the State of Minnesota, are adopted as a traffic ordinance regulating the use of highways, streets and alleys within the city and are incorporated in and made a part of this chapter as completely as if set out here in full. 'no ,., 11~ no" ~ 70.02 LOCKING IGNITION. Every person parking a motor vehicle on a public street, alley or parking lot within the city shall lock the ignition, remove the key and take the same with him or her. I . _ _ _ _ _ _ - { Deleted: Penalty, see ~ 10.99 - - -- - -- -------------------------------------------------------- ~ 70.03 U-TURNS. No vehicle shall be turned around by making a V-turn upon any street or highway in the city unless the vehicle shall first proceed to an intersecting street. Provided, however, that a V-turn is prohibited at any intersection on any street or highway in the city where a police officer is stationed, where an illuminated automatic semaphore signal, a red and white painted stop sign or a "No V-Turn" sign is located at the intersection. (Ord. 16, passed 6-6-1969\_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ u _ _ u u _ u _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ u _ _ _ _ - {Deleted: Penalty, see ~ 10.99 ~ 70.04 REPAIRS. No person shall repair any vehicle in the street except in an emergency in which the repair can be completed within 30 minutes. I . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - - { Deleted: Penalty, see ~ 10.99 ~ 70.05 CONTROLLING LOUD RADIOS IN MOTOR VEHICLES. All operations of any motor vehicle radio receiving set, tape player, compact disc player, paging system or any other device for the production or reproduction of sound in a distinctly and loudly audible manner so as to unreasonably disturb the peace, quiet and comfort of any person nearby or at a distance of 25 feet or more is prohibited, . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - { Deleted: Penalty, see ~ 10.99 ~ 70.06 UNREASONABLE ACCELERATION. No person shall start, drive, move or accelerate any motor vehicle with unnecessary speed or with an unnecessary exhibition of speed on any public or private roadway or parking lot within the city limits. Prima facie evidence of such unnecessary speed shall be unreasonable squealing or screeching sounds emitted by the tires, tire marks on the pavement caused by such acceleration or the throwing of sand or gravel by the tires of the vehicle. Motor vehicles for the purpose of this section shall specifically include automobiles, trucks and motorcycles. (Ord. 26, passed 4-22-1997L _ _ _ _ _ _ _ _ _ _ _ __ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ J _ - -{ Deleted: Penalty. see ~ 10.99 WEIGHT RESTRICTIONS ~ 70.20 GENERALLY. Except where sign posted otherwise, no vehicle or combination of vehicles equipped with pneumatic tires shall be operated upon the highways in the city: (A) Where the gross weight on any wheel exceeds 7,000 pounds; and/or (B) Where the gross weight on any single axle exceeds 14,000 pounds. . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _1- - -{ Deleted: Penalty, see ~ 10 99 ~ 70.21 WEIGHING. (A) Any police officer having reason to believe that the weight of a vehicle is unlawful is authorized to require the driver to submit to a weighing of the vehicle either by means of portable or stationary scales and may require that the vehicle be driven to the nearest scales in the event the scales are within five miles. (B) When an officer, upon weighing a vehicle and load as above provided, determines that the weight of any axle exceeds the lawful weight or that the weight on any group of two consecutive axles spaced six feet or less apart exceed their lawful weight or that the weight is unlawful on any axle or group of consecutive axles on any road restricted under this chapter, the officer may require the driver to stop the vehicle in a suitable place and remain standing until such portion of the load is removed as may be necessary to reduce the gross weight of the vehicle to a permissible limit. All materials so unloaded shall be cared for by the owner or driver of the vehicle at the risk ofthe owner or driver. (C) No vehicle driver shall fail or refuse to stop and to submit the vehicle to a weighing or to otherwise comply with the provisions of this section. . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _1- - -{ Deleted: Penalty, see ~ 10.99 ~ 70.22 SPECIAL PERMITS. . np, /7/17 DR7 The City Administrator or designee upon application in writing and for good cause may issue a special permit, in writing, authorizing the applicant to move a vehicle or combination of vehicles of a size or weight of vehicle or load exceeding the maximum specified in this chapter. The application for any such permit shall specifically describe the vehicle or vehicles and loads to be moved and the particular highways for which permit to so use is requested and the period of time for which the permit is requested. The City Administrator or designee is authorized to issue or withhold the permit at discretion and, if necessary, to insure against undue damage to road foundations, surfaces or structures and may require such security as may be deemed necessary to compensate for any injury to any roadway or road structure. Every permit shall be carried in the vehicle or combination of vehicles to which it refers and shall be open to inspection by any police officer. No person shall violate any of the terms or conditions ofthe special permit. (Ord. 46, passed 8-24-1988~ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - {Deleted: Penalty, see ~ 10.99 ~ 70.23 SPECIAL ROAD RESTRICTIONS. (A) The Council is authorized by resolution to prohibit the operation of trucks or other commercial vehicles or to impose limitations as to weight thereof on any highway, street, alley or roadway within the city whenever any such highway, street, alley or roadway, by reason of deterioration, rain, frost, snow or other climactic conditions, will be seriously damaged or destroyed, unless the use of vehicles thereon is prohibited or the permissible weights thereof reduced. Prohibitions or restrictions shall not be effective unless and until signs are posted on the designated highways, streets, alleys or roadways. (B) The Council may by resolution designate certain streets as stop streets, one-way streets and, to the extent permitted by law, regulate speeds on city streets and direct the placement of signs making notification ofthese regulations. Failure to obey those posted regulations is a violation of this chapter. I . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - { Deleted: Penalty, see ~ 10.99 ~ 70.24 LIABILITY FOR DAMAGE. Any person driving a vehicle in violation of the provisions of this subchapter shall be liable for all street damage resulting from such act. When the person is driving the vehicle in violation of the provisions of this subchapter with the express or implied consent of the owner, the owner and driver shall be jointly and severally liable for all resulting street damage. CHAPTER 71: PARKING REGULATIONS Section 71.01 Parking prohibitions 71.99 Penalty ~ 71.01 PARKING PROHIBITIONS. (A) Every vehicle parked upon any street with a curb shall be parked parallel to the curb and with the right-hand wheels of the vehicle within 12 inches ofthe curb. On other streets, a vehicle shall be parked to the right of the main traveled portion thereof and parallel thereto and in a manner as not to interfere with the free flow of traffic. These requirements shall not apply, however, to any vehicle disabled upon any street, but any police officer may require the person in charge thereof to move it to a place of safety, and if the movement is not made or if any motor vehicle is left alone or abandoned in that position, the officer may provide for the removal of the vehicle to the nearest convenient garage or other place of safekeeping. (B) No person shall stop, stand or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic-control device, in any of the following places: (1 ) On a sidewalk; (2) In front of a public or private driveway; (3) Within an intersection; (4) Within ten feet of a fire hydrant; (5) On a crosswalk; (6) Within 20 feet of a crosswalk at an intersection; (7) Within 30 feet upon the approach to any flashing beacon, stop sign or traffic-control signal located at the side ofthe roadway; (8) Between a safety zone, unless a different length is indicated by signs or markings; (9) Within 20 feet of the driveway entrance to any fire station and, on the side of the street opposite the entrance to the fire station, within 75 feet of the entrance when properly sign-posted; (10) Alongside or opposite any street excavation or obstruction when the stopping, standing or parking would obstruct traffic; (11) In the roadway side of any vehicle stopped or parked at the edge or curb of a street; or (12) At any place where official signs prohibit stopping. (C) No person shall, for camping purposes, leave or park a house trailer on any street or the right- of-way thereof. (D) No person shall stop or park a vehicle on a street when directed to proceed by any peace officer with authority to direct traffic. (E) No vehicle shall be parked on any street for the purpose of displaying it for sale. (F) (1) No vehicle, except an emergency vehicle on an emergency call, shall be parked between the hours of3:00 a.m. and 7:00 a.m., and no vehicle shall in any case be parked upon any street in any one place for a longer continuous period than 24 hours. (2) However, these restrictions shall not apply to the parking of one vehicle on the street due to new construction during the months of March through May of each year. (Ord. 16, passed 6-6-1969; Am. Ord. passed 2-9-1972; Am. Ord. passed 3-28-1984; Am. Ord. passed 12-12-1984) (0) (1) The City Administrator may issue temporary permits to park on streets during restricted times. (2) The permit shall state the duration and location for which the permit is valid. (3) A fee may be charged for such permits in accordance with a resolution adopted by the City Council. Penalty, see ~ 71.99 ~ 71.99 PENALTY. Any person convicted of violating any provision of this chapter shall be guilty of a misdemeanor P_u! !(a}!l!nil!l!lJ!l }!'!.e_ oJ JJ!lP~i~~n_l1!e!l! !sJ~r~~crib~<! ~~ !i!.e_ ~t~t~ l!ig~'Y~~ Tl!l!f1~ ~~~ fO! ~ ~!f~l!s_e! _ _ j - - the penalty shall apply to a person convicted of the same offense under this chapter. For continuing violations. each dav the violation exists shall be considered a separate offense. (Ord. 16, passed 6-6-1969) 'nt:l/7/17 DQ1 Deleted: and shall be punished by a fine not to exceed $100 or by imprisonment for a period not to exceed 90 days; CHAPTER 72: SNOWMOBILES Section 72.01 Intent 72.02 Definitions 72.03 Application of traffic ordinances 72.04 Restrictions 72.05 Stopping and yielding 72.06 Persons under 18 72.07 Equipment 72.08 Unattended snowmobiles 72.99 Penalty ~ 72.01 INTENT. It is the intent of this chapter to supplement M.S. ~~ 84.81 through 84.88, as amended, and M.S. Chapter 169, as amended, with respect to the operation of snowmobiles. The statutes are incorporated herein by reference. This section is not intended to allow what the state statutes prohibit, nor to prohibit what the state statutes allow. (Ord. 17-A, passed 4-24-1991) ~ 72.02 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. DEADMAN THROTTLE or SAFETY THROTTLE. A device which, when pressure is removed from the engine accelerator or throttle, causes the motor to be disengaged from the driving mechanism. OPERA TE. To ride in or on and control the operation of a snowmobile. . , OPERA TOR. Every person who operates or is in actual physical control of a snowmobile. OWNER. A person, other than a lienholder having the property in or title to a snowmobile, or entitled to the use or possession thereof. PERSON. Includes an individual, partnership, corporation, the state and its agencies and subdivision, and any body of persons, whether incorporated or not. RIGHT-OF-WAY. The entire strip ofland traversed by a highway or street in which the public owns the fee or an easement for roadway purposes. ROADWAY. The portion ofa highway or street improved, designed or ordinarily used for vehicular travel. SNOWMOBILE. A self-propelled vehicle designed for travel on snow or ice, steered by skis or runners. STREET. A public thoroughfare, roadway, alley or trail used for motor vehicular traffic which is not an interstate, trunk, county-state aid or county highway. (Ord. 17-A, passed 4-24-1991) ~ 72.03 APPLICATION OF TRAFFIC ORDINANCES. City traffic ordinances shall apply to the operation of snowmobiles upon streets and highways, except for those relating to required equipment, and except those which by their nature have no application. (Ord. 17-A, passed 4-24-1991) ~ 72.04 RESTRICTIONS. (A) It is unlawful for any person to enter, operate or stop a snowmobile within the limits of the city: (1) On the roadway of any street, except the most right-hand lane then available for traffic or as close as practicable to right-hand curb or edge of the roadway, except when overtaking and passing another vehicle stopped in the lane or proceeding in the same direction, or in making a left turn. Snowmobiles may also be operated upon the outside slope oftrunk, county-state aid and county highways where the highways are so configured within the corporate limits; (2) On a public sidewalk provided for pedestrian travel; InO/'7/i7 no" . , (3) On boulevards within any public right-of-way; (4) On private property of another without specific permission of the owner or person in control of that property; (5) Upon any school grounds, except as permission is expressly obtained from responsible school authorities; (6) (a) On public property, playgrounds and recreation areas, except areas previously listed or authorized for that use by the city, in which case the use shall be lawful, and snowmobiles may be driven in and out of the areas by the shortest route. (b) Authorized areas in the city shall be designated by resolution of the City Council. (7) On streets as permitted by this chapter at a speed exceeding ten mph; (8) During the hours of 10:00 p.m. to 7:00 a.m., Sunday through Thursday, and 12:01 a.m. to 7:00 a.m., Friday and Saturday, and from 12:01 a.m. to 7:00 a.m. Permitted hours of operation on the day before Thanksgiving, Christmas and New Years Day shall be the same as a Friday; (9) (a) Within 200 feet of church property during the hours of church services, and during the hours of other church functions. (b) This provision is not intended to prohibit snowmobiles from operating on city streets adjacent to church property during the hours specified herein. (10) Along or upon any roadway except for the sole purpose of leaving and returning to a place of residence, provided that the travel is limited to the shortest possible route between the residence and a restaurant or a gasoline filling station or between a residence and a place where a snowmobile may be legally used; and (II) On any street or public property when the drive track is equipped with metal studs. (B) It is unlawful for any person to operate a snowmobile within the limits of the city: (I) So as to tow any person or thing in a public street or highway except through use of a rigid tow bar attached to the rear of the snowmobile; provided, that a disabled snowmobile may be towed to a private residence without the use of a rigid tow bar; or (2) Within 100 feet of any fisherman, pedestrian, skating rink or sliding area where the operation would contlict with use or endanger other persons or operation. (Ord. 17-A, passed 4-24-1991; Am. Ord. 87, passed 10-12-2005) Penalty, see ~ 72.99 ~ 72.05 STOPPING AND YIELDING. (A) No snowmobile shall enter any uncontrolled intersection without making a complete stop. (B) The operator shaH then yield the right-of-way to any vehicles or pedestrians at the intersection, or so close to the intersection as to constitute an immediate hazard. (Ord. 17-A, passed 4-24-1991) Penalty, see ~ 72.99 ~ 72.06 PERSONS UNDER 18. (A) No person under 14 years of age shall operate on streets or make a direct crossing of a city street as the operator of a snowmobile. A person 14 years of age or older, but less than 18 years of age, may operate a snowmobile on streets as permitted under this chapter and make a direct crossing of streets only ifhe or she has in his or her immediate possession a valid snowmobile safety certificate issued by the Commissioner of Natural Resources, as provided by M.S. ~ 84.86, as it may be amended. (B) It is unlawful for the owner of a snowmobile to permit the snowmobile to be operated contrary to the provision of this section. (Ord. 17-A, passed 4-24-1991) Penalty, see ~ 72.99 ~ 72.07 EQUIPMENT. It is unlawful for any person to operate a snowmobile any place within the limits of the city unless it is equipped with the following: (A) Brakes adequate to control the movement of and to stop and hold the snowmobile under any condition of operation; (B) A safety or so-called deadman throttle in operating condition; (C) When operated between the hours of one-half hour after sunset to one-half hour before sunrise, or at times of reduced visibility, at least one clear lamp attached to the front, with sufficient intensity to reveal persons and vehicles at a distance of at least 100 feet ahead during the hours of darkness under normal atmospheric conditions. The head lamp shall be so aimed that glaring rays are not projected into the eyes of an oncoming snowmobile operator. It shall also be equipped with at least one red light plainly visible from a distance of 500 feet to the rear during hours of darkness under normal atmospheric conditions; and (D) Reflective material at least 16 square inches on each side, forward of the handlebars, so as to reflect lights at a 90-degree angle. (Ord. 17-A, passed 4-24-1991) Penalty, see S 72.99 ~ 72.08 UNATTENDED SNOWMOBILES. I no,.." 1" nn", Every person leaving a snowmobile on a public place shall lock the ignition, remove the key and take the same with him or her. (Ord. 17-A, passed 4-24-1991) Penalty, see & 72.99 ~ 72.99 PENALTY. Any person who violates, disobeys, omits, neglects or refuses to comply with the provisions of this chapter shall be guilty of a petty misdemeanor and upon conviction shall be punished as defined by state law. (Ord. 17-A, passed 4-24-1991) TITLE IX: GENERAL REGULATIONS Chapter 90. ANIMALS 91. HEALTH AND SAFETY; NUISANCES 92. PARKS AND RECREATION 93. STREETS AND SIDEWALKS 94. SPORTING, ATHLETIC AND MUSIC EVENTS 'no 1"'7 l't"'7 ~ 90.02 RESTRICTIONS. (A) Running at large prohibited. (1) It shall be unlawful for the dog or cat of any person who owns, harbors, or keeps a dog or cat, to run at large. A person, who owns, harbors, or keeps a dog or cat which runs at large shall be guilty of a misdemeanor. (2) Dogs or cats on a leash and accompanied by a responsible person or accompanied by and under the control and direction of a responsible person, so as to be effectively restrained by command as by leash, shall be permitted in streets or on public land unless the city has posted an area with signs reading "Dogs or Cats Prohibited." (B) License required (1 ) All dogs, cats and ferrets over the age of six months kept, harbored or maintained by their owners in the city shall be licensed and registered with the city. Licenses shall be issued by city staff upon payment of the license fee. The license fee wiII be established by Council resolution or separate ordinance. The license shall be renewed every two years for the life of the animal, provided that the owner shows proof every two years that the animal has shots within that period, and provided the address of the owner remains the same. The owner shall state, at the time application is made for the license and upon forms provided for that purpose, his or her name and address and the name, breed, color and sex of each animal owned or kept by him or her. No license shall be granted for an animal which has not been vaccinated against distemper and rabies, as provided in this chapter. Vaccination shall be performed only by a doctor qualified to practice veterinary medicine in the state in which animal is vaccinated. A veterinarian who vaccinates an animal to be licensed in the city shall complete a certificate of vaccination. One copy shall be issued to the animal owner for affixing to the license application. (2) Upon payment of the license fee, city staff shall issue to the owner a license certificate and metallic tag for each animal licensed. The tag shall have stamped on it the year for which it is issued and the number corresponding with the number on the certificate. Every owner shall be required to provide each animal with a collar to which the license tag must be affixed, and shall see that the collar and tag are worn. In case an animal tag is lost or destroyed, a duplicate shall be issued by the city. A charge shall be made for each duplicate tag. Animal tags shall not be transferable from one animal to another and no refunds shall be made on any animal license fee or tag because of death of an animal or the owner's leaving the city before the expiration of the license period. (3) The licensing provisions of this division shall not apply to animals whose owners are nonresidents temporarily within the city, nor to animals brought into the city for the purpose of participating in any animal show; nor shall this provision apply to animals specificaJly trained for and actually providing assistance to the physically challenged. (4) An applicant who has obtained a license shall notify the city of applicant's address change within corporate limits of the city within 30 days of any address change. rnQ/7/17 D1n'1 (5) No person shall counterfeit, attempt to counterfeit or attach any counterfeit tag to any dog, cat and ferret in the city. (C) Pigeons. No person shall keep 4 or more pigeons on a premises, without first obtaining a license as provided in this section, and no person shall keep or harbor pigeons except in compliance with this section. (1) As used in this section, the term PIGEON includes any and all varieties of pigeons. The term LOFT includes any and all quarters in which pigeons are housed. (2) Application for a license to keep pigeons shall be made to city staff on forms as the city staff may provide. The application shall be investigated by the administrative staff of the city to determine compliance with the ordinances of the city and shall then be referred to the City Council which shall have the discretion to grant or deny the license. The Council shall conduct a public hearing if needed. In making this determination, the Council shall take into consideration, among other things, the following: the adequacy of the housing for the pigeons; the methods to be used for sanitation and to maintain quiet; and any violations during the previous license period, if applicable. The Council may also impose conditions as it deems necessary and appropriate to carry out the intent ofthis chapter. (3) In addition to information required by the city, the application shall also include the following information: a site plan showing the location and size of the premises and the location, size and type of all structures for the housing of pigeons, the structure/loft will comply with city zoning requirements, the maximum number of pigeons to be kept on the premises at one time, and an agreement by the applicant that the premises may be inspected by the city at all reasonable times so as to assure compliance with the following: (a) All premises on which pigeons are kept or maintained shall be kept reasonably clean from filth, garbage and any substances which attract rodents. The loft and its surroundings must be cleaned at least weekly; (b) The loft must be constructed and maintained so as to be rodentproof; (c) All pigeons shall be fed within the confines of the loft on the premises on which the pigeons are housed. The pigeons shall be confined to the loft except when they are released for exercise, performance, training or to return from areas outside the corporate limits of the city for the purpose of engaging in a race or returning from training flights; (d) All grains and food stored for the use of the pigeons on a licensed premises shall be kept in a rodent-free container; and (e) Pigeons shall not be kept in such a manner as to constitute a nuisance to the occupants of adj acent property. (Ord. 24, passed 10-27-1999) Penalty, see ~ 90.99 ~ 90.03 RABIES CONTROL. GENERAL PROVISIONS ~ 90.01 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. ANIMAL. Any mammal, reptile, amphibian, fish, arachnid, birds (including all fowl and poultry) or other member commonly accepted as a part of the animal kingdom. ANIMALS shall be classified as follows: (1) Domestic. DOMESTIC ANIMALS shall mean those animals commonly accepted as domesticated household pets. Unless otherwise defined, these animals shall include dogs, cats, caged birds, gerbils, hamsters, guinea pigs, white mice and rats, ferrets, domesticated rabbits, fish, nonpoisonous, nonvenomous and nonconstricting reptiles or amphibians and other similar animals. (2) Nondomestic. NON DOMESTIC ANIMALS shall mean those animals commonly considered to be naturally wild and not naturally trained or domesticated, or which are commonly considered to be inherently dangerous to the health, safety and welfare of people. Animals normally kept outside of the home for the purpose of food or pleasure, namely wild dogs, wild cats, cattle, sheep, horses, bees, goats, birds such as fowl, falcons and similar animals, are included in addition to those defined: (a) Any member of the large cat family (family felidae) including lions, tigers, cougars, bobcats, leopards and jaguars, but excluding commonly accepted domesticated house cats; (b) Any naturally wild member of the canine family (family canidae) including wolves, foxes, coyotes, dingoes and jackals, but excluding commonly accepted domesticated dogs; (c) Any crossbreeds such as the crossbreed between a wolf and a dog, unless the crossbreed is commonly accepted as a domesticated house pet; (d) Any member or relative of the rodent family including any skunk (whether or not descented), raccoon or squirrel, but excluding those members otherwise defined or commonly accepted as domesticated pets; (e) Any poisonous, venomous, constricting or inherently dangerous member of the reptile or amphibian families including rattlesnakes, boa constrictors, pit vipers, crocodiles and alligators; and (t) Any other animal which is not explicitly listed above but which can be reasonably defined by the terms of this definition, including but not limited to bears, deer, monkeys and game fish. 'nA/7/17 D1n1 (3) Farm. FARM ANIMALS shall mean those animals commonly associated with a farm or performing work in an agricultural setting. Unless otherwise defined, these animals shall include members of the equine family (horses and mules), bovine family (cows and bulls), sheep, poultry (chickens and turkeys), fowl (ducks and geese), swine (including Vietnamese pot-bellied pigs), goats, bees and other animals associated with a farm, ranch or stable. ANIMAL CONTROL OFFICER. A person employed by or under contract with the city or a licensed peace officer who is responsible for animal control enforcement. AT LARGE. Off the premises of the owner and not under the custody and control of the owner or other person (an individual capable of controlling the animal as needed) either by leash, cord, chain or otherwise restrained or confined. CAT. Both the male and female of the felidae species commonly accepted as domesticated household pets. DANGEROUS ANIMAL. Any animal which meets the definition of dangerous dog set forth in M.S. ~ 347.50, as amended, and/or any successor statute. DOG. Both the male and female of the canine species, commonly accepted as domesticated household pets. ENCLOSURE. Any structure, except a dwelling, designed to securely enclose and prevent an animal from escaping therefrom and/or designed to provide the animal with shelter and protection from the weather. KENNEL (COMMERCIAL). (1) Any structure or premises on which five or more domestic animals over 6 months of age are kept, owned, boarded, groomed, sheltered, protected, bred or offered for sale or any other merchandising. (2) Every COMMERCIAL KENNEL shall be enclosed or fenced in such a manner as to prevent the running at large or escape of the domestic animal(s) confined therein. OWNER. Any person, firm, corporation, organization or department, possessing, feeding, harboring, keeping, having an interest in or having temporary or permanent guardianship, custody or control of the animal. POTENTIALLY DANGEROUS. Any animal which meets the definition of potentially dangerous dog set forth in M.S. ~ 347.50, as amended, and/or any successor statute. (Ord. 24, passed 10-27-1999) CHAPTER 90: ANIMALS Section General Provisions 90.01 Definitions 90.02 Restrictions 90.03 Rabies control 90.04 Nondomestic animals 90.05 Farm animals 90.06 Impounding 90.07 Kennels 90.08 Nuisances 90.09 Seizure of animals 90.10 Humane treatment 90.11 Domestic animal shelters 90.12 Guard dog warning signs 90.13 Abandoned animals 90.14 Danger to health and safety of city 90.15 Diseased animals 90.16 Summary destruction 90.17 Enforcing officer 90.18 Interfering with officers 90.19 Existing permits Dangerous or Potentially Dangerous Animals 90.30 90.31 90.32 90.33 Designation Notification of new address Special requirements Reclaiming animals 90.99 Penalty notnn (A) The state health laws and regulations are hereby adopted in cases of animals which have bitten persons and the animal is rabid or is suspected of being rabid. (B) It shall be the duty of the owner of any animal immediately, but in all cases no later than 24 hours, to report to the Police Department all bites inflicted by the owner's animal to any person. The owner of the animal shall also be required to provide the police written proof of vaccination and pertinent information when warranted or requested by the Police Department. (C) The police are hereby authorized to take into possession any animal suspected of having rabies following a bite inflicted to any person. (0) (1) Whenever the prevalence of rabies renders such action necessary to protect the public health and safety, the Police Department/City Council shall issue a proclamation ordering every person owning or keeping a dog, cat or ferret to confine it securely on its premises unless it is muzzled so that it cannot bite. (2) No person shall violate this proclamation, and any domestic animal running at large during the time fixed in the proclamation may be destroyed by the police without notice to the owner. (E) Whenever an animal has bitten a person or whenever a suspected or known rabid is picked up by an animal control officer or police officer, the animal may be confined for a minimum period of ten days as follows. (1) Upon proof of current rabies vaccination, the animal control officer or police officer may authorize the confinement of the animal at the owner's place of residence, provided that the animal shall not be permitted to come in contact with other animals or persons, and provided further that the animal be muzzled and on a leash not exceeding six feet when removed from the place of confinement. (2) If no proof of current vaccination is provided, or if the animal control officer or police do not consent to confinement at the owner's place of residence, the animal shall be confined at the animal control facility for the entire ten-day period at the owner's expense. (3) An animal under confinement may not be removed from the confinement prior to the expiration of the ten-day period without written permission of the animal control officer or the Chief of Police. (4) The owner of any animal confined at the owner's residence shall, at all times, permit the inspection of the animal during the confinement period upon oral request of animal control officers or the police. The owner shall further be responsible for immediately reporting any change in the animal's health or behavior to the appropriate animal control officer during the confinement period. (5) A quarantined animal shall be confined to an enclosure in a manner so as to prevent the animal from escaping. All openings to the enclosure shall be locked with a secure locking device, and the animal shall not be removed from the enclosure unless muzzled and on a leash not exceeding six feet in length, and under the control of a competent person. I OR /7 /17 P10o; (6) An animal control officer and/or police officer may enter upon the private property of another for the purpose of removing the quarantined animal to an animal shelter when it has been determined that the quarantined animal has not been maintained by the owner in a manner consistent with the provisions of this section. (Ord. 24, passed 10-27-1999) Penalty, see ~ 90.99 ~ 90.04 NONDOMESTIC ANIMALS. It shall be illegal for any person to own, possess, harbor or offer for sale any nondomestic animal within the city limits. An exception shall be made to this prohibition for animals specifically trained for and actually providing assistance to the physically challenged and for those animals brought into the city for educational purposes, as part of an operating zoo, veterinarian clinic, scientific research laboratory or a licensed show or exhibition. (Ord. 24, passed 10-27-1999) Penalty, see ~ 90.99 ~ 90.05 FARM ANIMALS. Farm animals shall only be kept in an agricultural district of the city or on a residential lot of at least ten acres in size, provided that no animal shelter shall be within 300 feet of an adjoining piece of property. An exception shall be made to this section for those animals brought into the city as part of education, an operating zoo, veterinarian clinic, scientific research laboratory or a licensed show or exhibition. (Ord. 24, passed 10-27-1999) ~ 90.06 IMPOUNDING. (A) Running at large. Any animal running at large is hereby declared a public nuisance. Any police officer may impound any animal found unlicensed or any animal found running at large and shall give notice of the impounding to the owner of the animal, if known. (B) Reclaiming. All animals conveyed to the pound shall be kept, with humane treatment and sufficient food and water for their comfort, at least five regular business days to a maximum of seven days, unless reclaimed sooner by their owner or keeper as provided by this chapter. If the animal is a dangerous animal as defined in this chapter, it may be impounded for a period of time, including the time required to complete an appeal process. The owner of an animal is required to pay the entire costs of confinement of any animal. Immediately on confinement of any animal, reasonable effort shall be made by the impounding official to notify the owner of the animal of the animal's confinement, and procedures to be followed for reclamation of the animal. (l) Any animal may be redeemed from the pound by the owner upon performance of the following: I no,-, 11 ~ n1na (a) Payment of a release fee and receipt of a release permit from the city or its designated impoundment facility; (b) Payment of maintenance costs, as provided by the pound, per day or any part of day while animal is in the pound; and (c) If an animal is unlicensed, payment of a regular license fee and valid certificate of vaccination for rabies and distemper shots is required. (2) The fees shall be set by City Council and reviewed periodically and kept on record with the city. (C) Permissible return of unrestrained dog. If a licensed animal is found unrestrained and its owner can be identified and located, the animal need not be impounded but may instead be taken to the owner. In this case, however, proceedings may be taken against the owner for violation of this chapter. (D) Unclaimed animals. At the expiration of the times established, if the animal has not been reclaimed in accordance with the provisions of this chapter, the officer appointed to enforce this chapter may let any person claim the animal by complying with all provisions in this chapter; or the officer may sell the animal, with all funds paid to the city, or cause the animal to be destroyed in a proper and humane manner and shall properly dispose of the remains thereof. Any money collected under this chapter shall be payable to the city. (Ord. 24, passed 10-27-1999) Penalty, see ~ 90.99 ~ 90.07 KENNELS. (A) A commercial kennel license is required in addition to individual licenses. (B) The City Council shall issue a commercial kennel license upon the following conditions: (1) Payment of an commercial annual kennel license fee which shall expire on December 31 of each year and must be renewed annually; (2) Kennels and the premises used therefor shall be kept in a clean, quiet, orderly and sanitary condition, so as not to constitute a nuisance. In determining whether a nuisance exists, consideration shall be given to the kennel's location, location of other residents and the general character ofthe neighborhood; (3) All dogs in excess of two shall be at all times confined in a building or enclosure by a leash or otherwise under control; and (4) A commercial kennel must be in compliance with the city zoning code. (Ord. 24, passed 10-27-1999) Penalty, see ~ 90.99 I np, /7 / 1 7 P1n7 ~ 90.08 NUISANCES. (A) Habitual barking. It shall be unlawful for any person to keep or harbor an animal which habitually barks or cries. HABITUAL BARKING shall be defined as barking for repeated intervals of at least five minutes with less than one minute of interruption. The barking must also be audible off of the owner's or caretaker's premises. (B) Chasing a/pedestrian/moving vehicles. It shall be unlawful for an owner to permit a dog or other animal to chase vehicles or to molest or annoy any person while away from the property of its owner. (C) Damage to property. It shall be unlawful for any person's dog or other animal to damage any lawn, garden or other property, whether or not the owner has knowledge of the damage. Any such animal may be impounded as provided in this chapter, or a complaint may be issued by anyone aggrieved by an animal under this chapter against the owner of the animal for prosecution under this chapter. (D) Cleaning up litterlfeces disposal. The owner of any animal shall be responsible for cleaning up any feces of the animal and disposing of the feces in a sanitary manner as follows: (1) During the period of November 1 through April 30, all feces material shall be removed from the owner's premises and/or stored in a sanitary manner within seven days/one week; (2) During the period of May 1 through October 31, all feces material shall be removed from the owner's property and/or stored in a sanitary manner within 48 hours/two days; and (3) Objectionable feces odor and/or flies detectable at the adjoining property line shall be deemed a violation ofthis section. (E) Device and container required. The owner of any animal shall not permit the animal to be on public property or the property of another without having in the owner's immediate possession a device for the immediate removal of feces material deposited by the animal, as well as a container for the transport of the material to a proper disposal receptacle located on the property of the owner. Immediate removal of feces is required in this instance. (F) Exemptions. The provisions of this section shall not apply to any animal specifically trained for and actually providing assistance to the physically challenged or other individuals with severe disabilities who are unable to clean up after a companion dog; dogs when used in police activities by the city; or tracking dogs when used by or with permission of the city. (G) Written complaint. (1) Any person aggrieved by an animal nuisance may make a written complaint to the Police Department or other persons designated by the City Council, stating the acts complained of, the name and address of the owner of the animal, and the name and address of the person making the complaint. n1no (2) The Police Department shall then promptly notify the person owning or keeping the animal and shall order the nuisance abated within five days. (3) If the animal nuisance is not abated within that time, a charge may be made against the owner or keeper of the animal and any person found to have violated the provisions of this section shall be guilty of a misdemeanor. (H) Other. Any animals kept contrary to this section are subject to impoundment as provided in ~ 90.06. (Ord. 24, passed 10-27-1999) Penalty, see ~ 90.99 ~ 90.09 SEIZURE OF ANIMALS. Any police officer or animal control officer may enter upon private property and seize any animal, provided that the following exist: (A) There is an identified complainant other than the police officer or animal control officer making a contemporaneous complaint about the animal; (B) The officer reasonably believes that the animal meets either the habitual barking/crying criteria; criteria for inhumane treatment; or the criteria for an at-large animal as set forth herein; (C) The officer can demonstrate that there has been at least one previous complaint of habitual barking; inhumane treatment; or that the animal was at large on a prior date; (D) The officer has made a reasonable attempt to contact the owner of the property and those attempts have either failed or have been ignored; (E) The seizure will not involve the forced entry into a private residence. Use of a pass key obtained from a property manager, landlord, innkeeper or other authorized person to have the key shall not be considered unauthorized entry; and (F) Written notice of the seizure is left in a conspicuous place if personal contact with the owner of the animal is not possible. (Ord. 24, passed 10-27-1999) Penalty, see ~ 90.99 ~ 90.10 HUMANE TREATMENT. (A) The owner of any animal within the city shall provide the animal with sufficient wholesome food and water on a daily basis, proper and sufficient shelter from the weather, and veterinary care when needed to prevent suffering of any sick or injured animal. I 0817 /1 7 P10~ (B) No person shall beat, torment, tease or otherwise abuse an animal or permit an animal fight. Any person not treating his or her pet in a humane manner will be subject to the penalties provided in this chapter. (Ord. 24, passed 10-27-1999) Penalty, see ~ 90.99 ~ 90.11 DOMESTIC ANIMAL SHELTERS. A person in charge or control of any domestic animal which is kept outdoors or in an unheated enclosure shall provide the domestic animal with shelter and bedding as prescribed in this section as a minimum: (A) The shelter shall include a moisture-proof and wind-proof structure of suitable size to accommodate the domestic animal and allow retention of the body heat; (B) Shade from the direct rays of the sun during the months of June to September shall be provided; (C) A domestic animal kept on a farm may be provided with access to a barn with sufficient quantity of loose hay or bedding to protect against cold and dampness; and (D) All shelters required by this section shall be subject to all building or zoning regulations of the city, township, county or state. (Ord. 24, passed 10-27-1999) Penalty, see ~ 90.99 ~ 90.12 GUARD DOG WARNING SIGNS. (A) A person maintaining a dog for security purposes within the city shall post a sign at all entrances to the property. (B) The sign shall be a minimum of six inches by 12 inches, with letters of contrasting color, a minimum of two inches in height, and a brush stroke of two inches minimum, with the following words affixed to the sign: DANGER - GUARD DOG. (Ord. 24, passed 10-27-1999) Penalty, see ~ 90.99 ~ 90.13 ABANDONED ANIMALS. Upon written notice of the Chief of Police that private property is attracting or providing shelter to animals that are not owned or cared for by any known person, the owner of the property shall be responsible for removing the animals in a humane manner within 30 days of the written notice. (Ord. 24, passed 10-27-1999) Penalty, see ~ 90.99 ~ 90.14 DANGER TO HEALTH AND SAFETY OF CITY. I no 17 /1 '7 D11" (A) If, in the reasonable belief of a police officer, an animal presents an immediate danger to the health and safety of any person; the animal is threatening imminent harm to any person; or the animal is in the process of attacking any person, the officer may destroy the animal in a proper and humane manner. (B) Otherwise, the officer may apprehend the animal and deliver it to the pound for confinement. If the animal is destroyed, a charge to dispose of the animal is payable by the owner of the animal. If the animal is found not to be a danger to the health and safety of the city, it may be released to the owner or keeper in accordance with the provisions ofthis chapter. (Ord. 24, passed 10-27-1999) ~ 90.15 DISEASED ANIMALS. (A) Keeping of diseased animal. No person shall keep or allow to be kept on his or her premises, or on premises occupied by him or her, nor permit to run at large in the city any animal which is diseased so as to be a danger to the health and safety of the city, even though the animal be properly licensed under this section. (8) Confinement. Any animal reasonably suspected of being diseased and presenting a threat to the health and safety of the public may be apprehended and confined in the pound by a police officer. The police officer shaH have a qualified veterinarian examine the animal. If the animal is found to be diseased in a manner so as to be a danger to the health and safety of the city, the officer shall cause the animal to be euthanized and shall properly dispose of the remains. Reasonable efforts will be made to notify the owner or keeper of the animal prior to the euthanasia. The owner will be liable to cover the cost of maintaining and disposing of the animal, plus the costs of any veterinarian examinations. (C) Release. If the animal, upon examination, is not found to be diseased within the meaning of this section, the animal shaH be released to the owner upon payment of the costs associated with the examination. (Ord. 24, passed 10-27-1999) Penalty, see ~ 90.99 ~ 90.16 SUMMARY DESTRUCTION. Whenever an animal control officer or police officer determines that any animal presents an immediate threat to the safety of any person, after making reasonable attempt to impound the animal, the officer is hereby authorized to destroy the animal in the interests of public safety. (Ord. 24, passed 10-27-1999) ~ 90.17 ENFORCING OFFICER. 'nRI7/17 P111 (A) The Council is hereby authorized to appoint an animal control officer(s) to enforce the provisions of this chapter. In the officer's duty of enforcing the provisions of this chapter, he or she may from time to time, with the consent of the Council, designate assistants. (B) The provisions of this chapter may be enforced by any of the following: (1) The primary law enforcement agency of the community; (2) The law enforcement agency contracted with by the city; (3) The animal control officer as designated by the city; or (4) The animal control facility contracted with by the city. (Ord. 24, passed 10-27-1999) ~ 90.18 INTERFERING WITH OFFICERS. (A) No person shall in any manner molest, hinder or interfere with any person authorized by the Council to capture dogs, cats or other animals and convey them to the pound while engaged in that operation. (B) Nor shall any unauthorized person break open the pound, or attempt to do so, or take or attempt to take from any agent any animal taken up by him or her in compliance with this chapter, or in any other manner to interfere with or hinder the officer in the discharge of his or her duties under this chapter. (Ord. 24, passed 10-27-1999) Penalty, see ~ 90.99 ~ 90.19 EXISTING PERMITS. Animal owners that have lifetime permits for their animal are grandfathered in as part of this chapter, as long as the owner shows proof every two years that the animal has shots within that period and provided the address of the owner remains the same. If the owner does not provide the vaccination record every two years, he or she will no longer be considered grandfathered in as part of this chapter and will be required to obtain an animal license every two years with the fee set by Council. (Ord. 24, passed 10-27-1999) DANGEROUS OR POTENTIALLY DANGEROUS ANIMALS ~ 90.30 DESIGNATION. (A) Notification. The animal control officer shall designate any animal as a dangerous or potentially dangerous animal upon receiving evidence that meets the definition as stated in this chapter. When an animal is declared dangerous or potentially dangerous, the animal control officer shall cause the owner of the potentially dangerous or dangerous animal to be notified in writing that the animal is potentially dangerous or dangerous. (B) Authority to order destruction. The animal control officer, upon finding that an animal is dangerous or potentially dangerous hereunder, is authorized to order, as part of the disposition of the case, that the animal be destroyed based on written order from City Council. (C) Procedure. The animal control officer, after having determined that an animal is dangerous or potentially dangerous, may proceed in the following manner. (l) The animal control officer shall cause the owner of the animal to be notified in writing or in person that the animal is dangerous or potentially dangerous and may order the animal seized or make orders as deemed proper, including the imposition of special requirements as contained in this chapter. (2) If the owner of an animal elects to appeal, the appeal shall be referred to the City Council for a hearing. The Administrator shall notify the owner of the animal by certified mail, return receipt requested, of the time of the hearing at least 14 days prior to the hearing. The notice shall state that the owner may be represented by legal counsel during the hearing and may provide oral and written testimony. The Council shall maintain an electronic record of the hearing. (3) If an owner requests a hearing for determination as to the dangerous nature of the animal, the hearing shall be held before the City Council, which shall set a date for hearing not more than three weeks after demand for the hearing. The records of the animal control or Administrator's office shall be admissible for consideration by the animal control officer without further foundation. After considering all evidence pertaining to the temperament of the animal, the City Council shall make an order as it deems proper. The City Council may order that the animal control officer take the animal into custody for destruction, if the animal is not currently in custody. If the animal is ordered into custody for destruction, the owner shall immediately make the animal available to the animal control officer. (4) If no appeal is filed, the orders issued will stand and the animal control officer may order the animal destroyed. (5) No person shall harbor an animal after it has been found to be dangerous and ordered into custody for destruction. (Ord. 24, passed 10-27-1999) Penalty, see ~ 90.99 ~ 90.31 NOTIFICATION OF NEW ADDRESS. 'nR/7/17 011 'J '. (A) The owner of an animal which has been identified as dangerous or potentially dangerous must notify the animal control officer in writing if the animal is to be relocated from its current address or given or sold to another person. (B) The notification must be given in writing at least 14 days prior to the relocation or transfer of ownership. The notification must include the current owner's name and address, the relocation address, and the name ofthe new owner, if any. (Ord. 24, passed 10-27-1999) Penalty, see ~ 90.99 ~ 90.32 SPECIAL REQUIREMENTS. (A) If the City Council does not order the destruction of an animal that has been declared dangerous or potentially dangerous, the City Council or the animal control officer may, as an alternative, order any of the following: (1) The owner shall provide and maintain a proper enclosure for the dangerous or potentially dangerous animal as specified below. (a) PROPER ENCLOSURE means securely confined indoors or in a securely locked pen or structure suitable to prevent the animal from escaping and to provide protection for the animal from the elements. A PROPER ENCLOSURE does not include a porch, patio or any part of a house, garage or other structure that would allow the animal to exit of its own volition, or any house or structure in which windows are open or in which door or window screens are the only barriers which prevent the animal from exiting. The enclosure shall not allow the egress of the animal in any manner without human assistance. (b) A pen or kennel shall meet the following minimum specifications: 1. Have a minimum overall floor size of32 square feet; 2. Side walls shall have a minimum height of five feet and be constructed of 11- gauge or heavier wire. Openings in the wire shall not exceed two inches, support posts shall be one and one-fourth inch or larger steel pipe buried in the ground 18 inches or more. When a concrete floor is not provided, the side walls shall be buried a minimum of 18 inches in the ground; 3. A cover over the entire pen or kennel shall be provided. The cover shall be constructed of the same gauge wire as the side walls or heavier and shall also have no openings in the wire greater than two inches; and 4. An entrance/exit gate shall be provided and be constructed of the same material as the side walls and shall also have no openings in the wire greater than two inches. The gate shall be equipped with a device capable of being locked and shall be locked at all times when the animal is in the pen or kennel. (2) Post the front and the rear of the premises with clearly visible warning signs, including a warning symbol to inform children that there is a dangerous animal on the property; (3) Provide and show proof annually of public liability insurance in the minimum amount of $300,000; (4) If the animal is a dog and is outside the proper enclosure, the dog. must be muzzled and restrained by a substantial chain or leash not to exceed six feet in feet in length, and be in physical restraint of a person 16 years of age or older. The muzzle must be of a design as to prevent the dog from biting any person or animal, but will not cause injury to the dog or interfere with its vision or respiration; (5) If the animal is a dog, it must have an easily identifiable, standardized tag identifying the dog as dangerous affixed to its collar at all times as specified in M.S. ~ 347.51, as amended; and/or (6) Provides and shows proof of microchip identification as required by state law. (B) Animal control shall immediately seize any dangerous or potentially dangerous animal if the owner does not meet any conditions imposed by the City within 14 days after the date notice is sent to the owner. Seizure may be appealed to district court by serving a summons and petition upon the city and filing it with the district court. (Ord. 24, passed 10-27-1999) ~ 90.33 RECLAIMING ANIMALS. A dangerous or potentially dangerous animal seized under this chapter may be reclaimed by the owner of the animal upon payment of impounding and boarding fees, and presenting proof to animal control that all requirements set forth by City are fulfilled. An animal not reclaimed under this section within 14 days may be destroyed, with the owner liable to animal control for costs incurred. (Ord. 24, passed 10-27-1999) ~ 90.99 PENALTY. Any violation of this chapter is a misdemeanor. Each day on which the violation continues shall constitute a separate violation. (Ord. 24, passed 10-27-1999) I no /7/17 0111: '. CHAPTER 91 : HEALTH AND SAFETY; NUISANCES Section General Provisions 91.01 Purpose 91.02 Definitions 91.03 Public nuisances prohibited 91.04 Public nuisances affecting health 91.05 Public nuisances affecting momls and decency 91.06 Public nuisances affecting peace and safety 91.07 Enforcement 91.08 Abatement 91.09 Prohibited noise Open Burning 91.20 Purpose 91.21 Definitions 91.22 Prohibited materials 91.23 Permit required 91.24 Purposes allowed 91.25 Permit application; permit fees 91.26 Permit process 91.27 Permit holder responsibility 91.28 Revocation of open burning permit 91.29 Denial of open burning permit 91.30 Burning ban or air quality alert 91.31 Rules adopted by reference Cleanup of Clandestine Drug Lab and Chemical Dump Sites 91.45 91.46 91.47 General provisions Definitions Declaration as public health nuisance Ino I~ 104"'7 n11 ~ 91.48 Law enforcement action 91.49 Seizure of property 91.50 Action by Building Official or designee 91.51 Site owner's responsibility to act 91.52 Site owner's responsibility for costs 91.53 City action and recovery of costs 91.54 Recovery of costs from persons causing damage 91.55 Site owner and address 91.56 Suspension of residential rental certification 91.57 Unauthorized removal of postings 91.58 Entry into or onto site 91.59 Removal of personal property from the site 91.60 City Council review/right to appeal 91.99 Penalty GENERAL PROVISIONS ~ 91.01 PURPOSE. It is the policy of the City ofCenterville to ensure the continued health, safety, comfort and repose of the public, the elimination and abatement of all nuisances within the city. A nuisance, as provided in this chapter, means a thing, act or use of property that annoys, injures or endangers the health, safety, comfort or welfare of the public; offends public decency; depreciates the value of the property of the inhabitants of the city; interferes with the use of or obstructs or tends to obstruct a lake, stream, navigable water, park, sidewalk, street or public way; or in any manner repders the in habitants of the city insecure in life or use of property. The City Council finds it shall be the duty of the Office of the City Administrator or its designees to enforce the provisions of this chapter and to bring about enforcement of violations or lack of compliance with this chapter. ~ 91.02 DEFINITIONS. For purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. ENFORCEMENT OFFICIAL. The Police Department, Zoning Administrator, Building Official, City Administrator, Public Works Director, Fire Marshal, any licensed peace officer or authorized designee of the City Council. 'OR/7/17 P117 I, NOTICE TO REMOVE. The notice served on a property owner by the City Council or designated city official, advising the property owner of a code violation and ordering correction of the violation. PROPERTY OWNER. The person occupying the property, the holder of legal title or a person having control over the property of another, such as a right-of-way, easement, license or lease. PUBLIC NUISANCE. A thing, act, occupation or use of property which shall: (l) Annoy, injure or endanger the safety, health, comfort or repose of the public; (2) Offend public decency; (3) Unlawfully interfere with, obstruct or tend to obstruct or render dangerous for passage, a lake, navigable river, bay, stream, canal or basin, or a public park, square, street, alley or highway; (4) In any way render the public insecure in life or in use of property; or (5) Any other act or omission declared by law or Minnesota Statues, or any other part of this code to be a public nuisance. ~ 91.03 PUBLIC NUISANCES PROHIBITED. It is unlawful for any person, by his or her act, or intentional failure to perform a legal duty, that creates or maintains a public nuisance on any premises the person owns or controls within the city. Penalty, see ~ 91.99 ~ 91.04 PUBLIC NUISANCES AFFECTING HEALTH. The following are hereby declared to be nuisances affecting health: (A) Exposed accumulation of decayed or unwholesome food or vegetable matter; (B) All diseased animals running at large; (C) Carcasses of animals not buried or destroyed within 24 hours after death; (D) Accumulations of manure, rubbish, refuse or debris; 0110 (E) Privy vaults, garbage (except in authorized containers), garbage cans which are not rodent free and fly-tight or which are so maintained to constitute a health hazard or to emit foul and disagreeable odors; (F) The pollution of any public well or cistern, stream, lake, canal or body of water by sewage, industrial wastes or other substances; (G) All noxious weeds as referenced in M.S. ~~ 18.75 - 18.88 and promulgated in Minnesota Rules, as may be amended from time to time, located on public or private property. The terms WEEDS and RANK VEGETATION includes, but is not limited to, the following: (1) Noxious weeds and rank vegetation shall include but not be limited to: alum (allium), Buckthorn, Bur Cucumber, Canada Thistle, Comcockle, Cressleaf Groundsel, Curly Dock, Dodder, Field Bindweed, French Weed, Hairy Whitetop, Hedge Bindweed, Hoary Cress, Horsenettle, Johnsongrass, Leafy Spurge, Mile-A-Minute Weed, Musk Thistle, Oxeye Daisy, Perennial Sowthistle, Poison Hemlock, Purple Loosestrife, Quackgrass, Russian Knapweed, Russian Thistle, Serrated Tussock, Shatter Cane, Sorghum, Wild Carrot, Wild Garlic, Wild Mustard, Wild Onion, Wild Parsnip; (2) Grapevines when growing in groups of 100 or more and not pruned, sprayed, cultivated, or otherwise maintained for two consecutive years; (3) Bushes of the species of tall, common, or European barberry, further known as Berberis vulgaris or its horticultural varieties; (4) Any weeds or plants, other than trees, bushes, flowers or other ornamental plants, growing to a height exceeding eight inches; (5) Rank vegetation includes the uncontrolled, uncultivated growth of annuals and perennial plants; and (6) The term WEEDS does not include shrubs, trees, cultivated plants or crops. (H) All public exposure of persons having a contagious disease; (I) The emission of dense smoke, gas and soot, dust or cinders, and other noxious and offensive fumes, in the quantities as to render the occupancy of property uncomfortable to a person of ordinary sensibilities; (J) Feces left by any domestic pet on public property or the property of another. The owner or person having the custody or control of the animal shall be responsible for immediately cleaning up any feces of the animal and disposing of the feces in a sanitary manner; and I OR /7 / 1 7 P11Q (K) All other acts, omissions of acts, occupations and uses of property which are deemed by the city to be a menace to the health of the inhabitants of the city or any considerable number thereof. Penalty, see ~ 91.99 ~ 91.05 PUBLIC NUISANCES AFFECTING MORALS AND DECENCY. The following are hereby declared to be nuisances affecting public morals and decency: (A) All gambling devices, slot machines and punch boards, except as otherwise authorized by federal, state or local law; (B) Betting, bookmaking and all apparatus used in those occupations; (C) All houses kept for the purpose of prostitution or promiscuous sexual intercourse, gambling houses, houses of ill fame and bawdy houses; (D) All places where intoxicating liquor is manufactured or disposed of in violation of law or where, in violation of law, people are permitted to resort for the purpose of drinking intoxicating liquor, or where intoxicating liquor is kept for sale or other disposition in violation of law, and all liquor and other property used for maintaining that place; and (E) Any vehicle used for the unlawful transportation of intoxicating liquor, or for promiscuous sexual intercourse, or any other immoral or illegal purpose. Penalty, see ~ 91.99 ~ 91.06 PUBLIC NUISANCES AFFECTING PEACE AND SAFETY. The following are declared to be nuisances affecting public peace and safety: (A) All snow and ice not removed from public sidewalks 24 hours after the snow or other precipitation causing the condition has ceased to fall; (B) All trees, hedges, billboards or other obstructions which prevent people from having a clear view of all traffic approaching an intersection; (C) All wires and limbs of trees which are so close to the surface of a sidewalk or street as to constitute a danger to pedestrians or vehicles; (D) All obnoxious noises in violation of Minn. Rules Chapter 7030, as they may be amended from time to time which are hereby incorporated by reference into this code; n'tl'\n " (E) The discharging of the exhaust or permitting the discharging of the exhaust of any stationary internal combustion engine, motor boat, motor vehicle, motorcycle, all terrain vehicle, snowmobile or any recreational device except through a muffler or other device that effectively prevents loud or explosive noises therefrom and complies with all applicable state laws and regulations; (F) The using or operation or permitting the using or operation of any radio receiving set, musical instrument, phonograph, paging system, machine or other device for producing or reproduction of sound in a distinctly and loudly audible manner so as to disturb the peace, quiet and comfort of any person nearby. Operation of any device referred to above between the hours of 10;00 p.m. and 7:00 a.m. in a manner so as to be plainly audible at the property line of the structure or building in which it is located, or at a distance of 50 feet if the source is located outside a structure or building shall be prima facie evidence of violation of this section; (G) The participation in a party or gathering of people giving rise to noise which disturbs the peace, quiet or repose of the occupants of adjoining or other property; (H) Obstructions and excavations affecting the ordinary public use of streets, alleys, sidewalks or public grounds except under conditions as are permitted by this code or other applicable law; (I) Radio aerials or television antennae erected or maintained in a dangerous manner; (J) Any use of property abutting on a public street or sidewalk or any use of a public street or sidewalk which causes large crowds of people to gather, obstructing traffic and the free use of the street or sidewalk; (K) All hanging signs, awnings and other similar structures over streets and sidewalks, so situated so as to endanger public safety, or not constructed and maintained as provided by ordinance; (L) The allowing of rain water, ice or snow to fall from any building or structure upon any street or sidewalk or to flow across any sidewalk; (M) Any barbed wire fence less than six feet above the ground and within three feet of a public sidewalk or way; (N) All dangerous, unguarded machinery in any public place, or so situated or operated on private property as to attract the public; (0) Waste water cast upon or permitted to flow upon streets or other public properties; (P) Accumulations in the open of discarded or disused machinery, household appliances, automobile bodies or other material in a manner conducive to the harboring of rats, mice, snakes or vennin, or the rank growth of vegetation among the items so accumulated, or in a manner creating fire, health or safety hazards from accumulation; (Q) Any well, hole or similar excavation which is left uncovered or in another condition as to constitute a hazard to any child or other person coming on the premises where it is located; 'OR/?/17 P1?1 " (R) Obstruction to the free flow of water in a natural waterway or a public street drain, gutter or ditch with trash of other materials; (S) The placing or throwing on any street, sidewalk or other public property of any glass, tacks, nails, bottles or other substance which may injure any person or animal or damage any pneumatic tire when passing over the substance; (T) The depositing of garbage or refuse on a public right-of-way or on adjacent private property; (U) All other conditions or things which are likely to cause injury to the person or property of anyone; (V) Diseased or dangerous conditions oftrees as follows: (1) Any living or standing elm tree or part thereof infected to any degree with the Dutch Elm disease fungus Ceratocystis Ulmi (Buisman) Moreau or which harbors any of the elm bark beetles Scolytus Multistriatus (Eichh.) or Hylungopinus Rufipes (Marsh); (2) Any dead elm tree or part thereof, including branches, stumps, firewood or other elm material from which the bark has not been removed and burned or sprayed with an effective elm bark beetle insecticide; (3) Any living or standing oak tree or part thereof infected to any degree with the Oak Wilt fungus Ceratocystis fagacearum; (4) Any dead or dying tree or part thereof which in the opinion of the designated officer constitutes a hazard, and including but not limited to logs, branches, stumps, roots or oak tree material which has not been stripped of its bark and burned or sprayed with an effective fungicide; (5) Any other shade tree with an epidemic disease; and (6) It is unlawful to transport bark-bearing elm wood in or through the city without securing a permit therefore from the City Administrator. (W) Four or more code violations, fire calls or other nuisance complaints requiring enforcement response within a 30-day period; and (X) To park or store any unlicensed, unregistered or inoperable motor vehicle parts or components thereof, on any property, public or private, unless housed within a lawfully erected building. Penalty, see ~ 91.99 ~ 91.07 ENFORCEMENT. (A) (1) The Enforcement Official shall enforce the provisions relating to nuisances. n11'\t"'I " (2) The enforcement official shall have the authority to inspect private premises and take all reasonable precautions to prevent the commission and maintenance of public nuisances. (3) Except in emergency situations of imminent danger to human life and safety, or when the owner, resident or other person in control of the property has granted permission, or when a violation can be seen without entering the property, the Enforcement Official shall obtain an administrative search warrant to enter private property. (B) The Enforcement Official may commence enforcement action by citation, complaint or civil proceeding. ~ 91.08 ABATEMENT. (A) Notice to remove. (1) When there exists on private property a condition which is in violation of this chapter, a notice to remove the offensive matter shall be served by the City Council or its agent upon the owner, agent or occupant. (2) The notice may be served personally or may be served by mail. In all cases where the owner is not in the city or can not be found therein, then notice shall be sent to the last known address. (3) The notice shall describe the matter to be removed and require the removal thereof within 10 days, including Saturdays, Sundays and holidays. (B) Failure to remove. If, at the end of the ten days following service of a notice to remove, the nuisance has not been terminated or abated, the city shall cause removal and disposition. The person in violation may, within the ten days following service, file a written appeal disputing the violation or requesting additional time to comply with the notice to remove. Appeals will be placed on the next available agenda of the City Council for its consideration. (C) Immediate abatement. Nothing in this section shall prevent the city, without notice or other process, from immediately abating any condition that poses an imminent and serious hazard to human life or safety. (D) Recovery of costs. In instances where any nuisances are abated by city action pursuant to this chapter, M.S. ~~ 412.221 et seq., or M.S. Chapter 466, the cost of enforcement, abatement or other proceedings, including administrative charges together with interest thereon at the lawful rate permitted under M.S. Chapter 429, shall, if not paid, be assessed against the premises and certified to the County Auditor or certified by lien as provided in M.S. ~ 514.67. ~ 91.09 PROHIBITED NOISE. I nQ 17 11-' 01,.,., (A) Prohibitions. The City Council finds within the city, certain loud, avoidable, unnatural and unnecessary noises, which under certain circumstances and conditions constitute a serious threat to the health, welfare, contentment and the feeling of well-being of the residents. Excessive noise degrades the environment of the city and the city has a substantial and, in some situations, compelling interest in controlling this noise. (1) General prohibition. (a) No person shall make or cause to be made any distinctly and loudly audible, continuous, objectionable noise due to intermittence, frequency, beat, shrillness or intensity that annoys, disturbs, injures or endangers the comfort, repose, health, peace, safety or welfare of any person or precludes his or her enjoyment of property or affects the property's value. divisions. (b) This general prohibition is not limited by the specific restriction of the following (2) Exhaust. No person shall discharge the exhaust or permit the discharge of the exhaust of any steam engine, stationary internal combustion engine, motor boat, motor vehicle or snowmobile except through a muffler or other device that effectively prevents loud or explosive noises therefrom and complies with all state laws and regulations. (3) Loading, unloading. unpacking. No person shall create loud and excessive noise in loading, unloading or unpacking any vehicle between the hours of 10:00 p.m. and 7:00 a.m. (4) Radios, phonographs, paging systems and the like. (a) No person shall use or operate or permit the use or operation of any radio receiving set, musical instrument, phonograph, paging system, machine or other device for the production or reproduction of sound in a distinct and loudly audible manner. (b) Operation of any such set, instrument, phonograph, machine or other device between the hours of 10:00 p.m. and 7:00 a.m. in a manner as to be plainly audible 50 feet from outside the property line ofthe structure or building in which it is located, in the hallway or apartment adjacent, or at a distance of 150 feet if the source is located outside a structure or building shall be prima facie evidence of a violation of this section. (c) These measurements and decibel readings will be taken per this section. (5) Participation in noisy parties or gathering. (a) No person shall participate in any party or other gathering of people giving rise to continuous noise, disturbing the peace, quiet or repose of another person. (b) When a police officer determines that a gathering is creating a noise disturbance, the officer may order all persons present, other than the owner or tenant of the premises where the disturbance is occurring, to disperse immediately. n""A " (6) Loudspeakers, amplifiers for advertising and the like. No person shall operate or permit the use or operation of any loudspeaker, sound amplifier or other device for the production or reproduction of sound on a street or other public place for the purpose of commercial advertising or attracting the attention of the public to any commercial establishment or vehicle. (7) Animals. Habitual barking or crying of animals as set forth in Chapter 90. (B) Hourly restriction on certain operations. (1) Recreational vehicles. Except as specifically authorized by the city, no person shall, between the hours of 10:00 p.m. and 7:00 a.m., drive or operate any mini-bike/dirt bike, snowmobile or any other recreational vehicle not licensed for travel on public highways. (2) Domestic power equipment. No person shall operate a power lawn mower, hedge clipper, chain saw, mulcher, garden tiller, edger, drill or other similar domestic power maintenance equipment between the hours of 10:00 p.m. and 7:00 a.m. Snow removal equipment is exempt from this provision. (3) Refuse hauling. No person shall collect or remove garbage or refuse in any residential district between the hours of 10:00 p.m. and 7:00 a.m. (4) Construction activities. No person shall engage in or permit construction activities involving the use of hammers or the use of any kind of air-, electric-, diesel- or gas-powered machine or other power equipment between the hours of 10:00 p.m. and 7:00 a.m. !C)::::i:~t :tate-"'~" Th: Co~cil ~y ~q";~ ~~ "","0 ~PI~iOg fo,. Ch~ge in. j.. { -, _1'_) zoning classification or a permit or license for any structure, operation, process, installation or alteration, or project that may be considered a potential noise source to submit a noise impact statement. It shall evaluate each statement and take its evaluation into account in approving or disapproving the license or permit applied for or the zoning change requested. (2) Noise level table. (a) The duration of sound hours will follow daylight savings time for both residential and commercial/industrial districts. (b) From the first Sunday in April through the third Saturday of October the hours will be from 7:00 a.m. to 10:00 p.m. and all other dates will adhere to the hours of 7:00 a.m. to 9:00 p.m. Sound Levels I nAf7f17 Pl?" Duration of Sound/District Daylight Hours: 7:00 a.m. - Overnight Hours: 9:00/10:00 9:00/10:00 p.m. p.m. - 7:00 a.m. ResidentialMixed Usel: Less than 10 minutes 80db 70db Less than 2 hours 75db 65db More than 2 hours 70db 65db Commercialllndustrial: Less than 10 minutes 85db 75db Less than 2 hours 80db 70db More than 2 hours 75db 70db NOTES TO TABLE: The limits of the most restrictive district shall apply at the boundaries between different land use designations andMb(~d_l}~e..~at~gS'!i~~. _ !h~ ~e~~f!Ilj~a.tLop. _of1~_d_l!s~ ~ha.ll ~~ ~~ Lt~ ~~njllg _ _ _ _ _ _ designation. (3) Sounds exemptfrom noise level requirements. Sounds emanating from the operation of motor vehicles on public highways, aircraft and outdoor implements such as power lawnmowers, snowblowers, power hedge clippers, power saws, pile drivers, jackhammers and other construction equipment are exempt from the sound level requirements but shall observe the time restriction provisions of this division. (4) Exceptionsfor special events. The City Council shall have the authority, consistent with this section, to grant exceptions from the requirements of any division of this section for special events. Any person seeking an exception shall file an application at City Hall with the Administrator or his or her designee on a form prescribed by the city. The application shall state the dates during which the application is proposed, the location of the noise source and time of operation, the nature ofthe noise source, reasons why the exception is sought, steps taken to minimize the noise level and other information as is required by the city. (a) The city shall, within 30 days from the receipt of the application, approve or deny the application. The application will be presented to the City Council for consideration and may be approved only if the City Council finds that full compliance with the requirements of this section would constitute an unreasonable hardship on the applicant, on other persons or on the community. In determining whether to grant or deny the application, the City Council shall balance the hardship to the applicant against the adverse impact on the health, safety and welfare of the persons affected, the adverse impact on property affected, and any other adverse effects of granting the variance. The variance may be granted subject to conditions, including a time limit, which shall be clearly stated. 'nn 1"7 I...., n1....a ~ : = 1 Deleted: M-I ( Deleted: ) , , (b) If the city finds that sufficient controversy exists regarding the proposed exception to the provisions of this section, a public hearing will be held on the proposed application at which all persons affected shall be given an opportunity to be heard. (5) Exceptionfor emergency work Noise created exclusively in the perfonnance of emergency work to preserve the public health, safety or welfare, or in the perfonnance of emergency work necessary to restore a public service or eliminate a public hazard shall be exempt from the provisions of this section for a period not to exceed 24 hours after the work is commenced. Persons responsible for the work shall infonn the Police Department, Building Inspector and City Administrator of the need to initiate the work or, if the work is commenced during nonbusiness hours of the city, at the beginning of business hours of the first business day thereafter. Any person responsible for this emergency work shall take all reasonable actions to minimize the amount of noise. (Ord. 49, passed 1-10-1990; Am. Ord. passed 5-22-2002; Am. Ord. passed 12-10-2003) Penalty, see ~ 91.99 OPEN BURNING ~ 91.20 PURPOSE. The purpose of this subchapter is to establish permitted categories of open bum events for residences and fanns within the city and provide for a permitting process for residential and agricultural open burning, except when the open burning is defined as a recreational fire as prescribed in this subchapter. (Ord. 36A, passed 8-10-1994) ~ 91.21 DEFINITIONS. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. FIRE CHIEF, FIRE MARSHAL and ASSIST ANT FIRE MARSHALS. The Fire Chief, Fire Marshal and Assistant Fire Marshals of the Centennial Fire District which provides fire protection services to the city through ajoint powers agreement. OPEN BURNING. The burning of any matter if the resultant combustion products are emitted directly to the atmosphere without passing through a stack, duct or chimney, except a recreational fire as defined herein. 'Ml/7/17 P1?7 RECREATIONAL FIRE. A fire set with approved starter fuel no more than three feet in height, contained within the border of a recreational fire site using dry, clean wood; producing little detectable smoke, odor or soot beyond the property line; conducted with an adult tending the fire at all times; for recreational, ceremonial, food preparation for social purposes; extinguished completely before quitting the occasion; and respecting weather conditions, neighbors, burning bans and air quality so that nuisance, health or safety hazards will not be created. Mobile cooking devices such as manufactured hibachis, charcoal grills, wood smokers, and propane or natural gas devices are not defined as RECREATIONAL FIRES. No more than one RECREATIONAL FIRE is allowed on any property at one time. - RECREATIONAL FIRE SITE. An area of no more than a three-foot diameter circle (measured from the inside of the fire ring or border); completely surrounded by noncombustible and nonsmoke- or odor-producing material, either of natural rock, cement, brick, tile or blocks or ferrous metal only, and which area is depressed below ground, on the ground or on a raised bed. Included are permanent outdoor wood-burning fireplaces. Burning barrels are not a RECREATIONAL FIRE SITE as defined herein. RECREATIONAL FIRE SITES shall not be located closer than 25 feet to any structure. STARTER FUELS. (1) Dry, untreated, unpainted kindling, branches, cardboard or charcoal fire starter. (2) Paraffin candles and alcohols are permitted as starter fuels and as aids to ignition only. (3) Propane gas torches or other clean gas-burning devices causing minimal pollution must be used to start an open bum. WOOD. (1) Dry, clean fuel only such as twigs, branches, limbs, "presto logs," charcoal, cord wood or untreated dimensional lumber. (2) The term does not include wood that is green with leaves or treated with paint, glue or preservatives. (3) Clean pallets may be used for recreational fires when cut into three-foot lengths. (Ord. 36A, passed 8-10-1994) ~ 91.22 PROHIBITED MATERIALS. (A) No person shall conduct, cause or permit open burning of oils, petro fuels, rubber, plastics, chemically treated materials or other materials which produce excessive or noxious smoke such as tires, railroad ties, treated, painted or glued wood composite shingles, tar paper, insulation, composition board, sheetrock, wiring, paint or paint fillers. I no '7 11 '7 D1 f)Q (B) No person shall conduct, cause or permit open burning of hazardous waste or salvage operations, open burning of solid waste generated from an industrial or manufacturing process or from a service or commercial establishment or building material generated from demolition of commercial or institutional structures. (C) No person shall conduct, cause or permit open burning of discarded material resulting from the handling, processing, storage, preparation, serving or consumption of food. (D) No person shall conduct, cause or permit open burning of any leaves or grass clippings. (Ord. 36A, passed 8-10-1994) Penalty, see ~ 91.99 ~ 91.23 PERMIT REQUIRED. No person shall start or allow any open burning on any property in the city without first having obtained an open bum permit, except that a permit is not required for any fire which is a recreational fire as defined in this chapter. (Ord. 36A, passed 8-10-1994) Penalty, see S 91.99 ~ 91.24 PURPOSES ALLOWED. (A) Open bum permits may be issued only for the following purposes: (1) Elimination of fire of health hazard that cannot be abated by other practical means; (2) Ground thawing for utility repair and construction; (3) Disposal of vegetative matter for managing forest, prairie or wildlife habitat, and in the development and maintenance of land and rights-of-way where chipping, composting, landspreading or other alternative methods are not practical; (4) Disposal of diseased trees generated on-site, diseased or infected nursery stock, diseased bee hives; and (5) Disposal of unpainted, untreated, nonglued lumber and wood shakes generated from construction, where recycling, reuse, removal or other alternative disposal methods are not practical. (B) Fire training permits can only issued by the Minnesota Department of Natural Resources. (Ord. 36A, passed 8-10-1994) Penalty, see S 91.99 ~ 91.25 PERMIT APPLICATION; PERMIT FEES. 'nR/7/17 P1?Q (A) Open burning permits shall be obtained by making application on a form prescribed by the Department of Natural Resources (DNR) and adopted by the Centennial Fire District. The permit application shall be presented to the Fire Chief, Fire Marshal and Assistant Fire Marshals for reviewing and processing the applications. (B) An open burning permit shall require a fee. Permit fees shall be set annually by City Council resolution. However, the City Council may at other times amend its resolution setting the fee as it deems necessary. The fee established by City Council resolution shall continue to be the required fee until amended by a resolution. (Ord. 36A, passed 8-10-1994) Penalty, see ~ 91.99 ~ 91.26 PERMIT PROCESS. Upon receipt of the completed open burning permit application and pennit fee, the Fire Chief, Fire Marshal or Assistant Fire Marshals shall schedule a preliminary site inspection to locate the proposed bum site, note special conditions, and set dates and time of permitted bum and review fire safety considerations. (Ord. 36A, passed 8-10-1994) ~ 91.27 PERMIT HOLDER RESPONSIBILITY. (A) Prior to starting an open bum, the permit holder shall be responsible for confirming that no burning ban or air quality alert is in effect. Every open bum event shall be constantly attended by the permit holder or his or her competent representative. The open burning site shall have available, appropriate communication and fire suppression equipment as set out in the fire safety plan. (B) (1) The open burn fire shall be completely extinguished before the permit holder or his or her representative leaves the site. (2) No fire may be allowed to smolder with no person present. (3) It is the responsibility of the permit holder to have a valid permit, as required by this subchapter, available for inspection on the site by the Police Department, Centennial Fire District, MPCA representative or DNR forest officer. (C) (1) The permit holder is responsible for compliance and implementation of all general conditions, special conditions, and the burn event safety plan as established in the permit issued. (2) The permit holder shall be responsible for all costs incurred as a result of the burn, including but not limited to fire suppression and administrative fees. (Ord. 36A, passed 8-10-1994) Penalty, see ~ 91.99 ~ 91.28 REVOCATION OF OPEN BURNING PERMIT. '(1a/7/17 P1~n , . (A) The open burning permit is subject to revocation at the discretion of DNR forest officer, the Fire Chief, Fire Marshal, or Assistant Fire Marshals. (B) Reasons for revocation include but are not limited to a fire hazard existing or developing during the course of the bum, any of the conditions of the permit being violated during the course of the bum, pollution or nuisance conditions developing during the course of the bum, or a fire smoldering with no flame present. (Ord. 36A, passed 8-10-1994) Penalty, see S 91.99 ~ 91.29 DENIAL OF OPEN BURNING PERMIT. If established criteria for the issuance of an open burning permit are not met during review of the application, it is determined that a practical alternative method for disposal of the material exists, or a pollution or nuisance condition would result, or if a bum event safety plan cannot be drafted to the satisfaction of the Fire Chief, Fire Marshal or Assistant Fire Marshals, these officers may deny the application for the open bum permit. (Ord. 36A, passed 8-10-1994) ~ 91.30 BURNING BAN OR AIR QUALITY ALERT. No recreational fire or open bum will be permitted when the city or DNR has officially declared a burning ban due to potential hazardous fire conditions or when the MPCA has declared an air quality alert. (Ord. 36A, passed 8-10-1994) Penalty, see S 91.99 ~ 91.31 RULES ADOPTED BY REFERENCE. The provisions of M.S. SS 88.16 to 88.22, as amended, and the Minnesota Uniform Fire Code are hereby adopted by reference and made a part of this subchapter as if fully set forth at this point. (Ord. 36A, passed 8-10-1994) CLEANUP OF CLANDESTINE DRUG LAB AND CHEMICAL DUMP SITES ~ 91.45 GENERAL PROVISIONS. (A) Purpose and intent. The purpose of this subchapter is to reduce public exposure to heath risks where law enforcement officers have determined that hazardous chemicals or residue from a suspected clandestine drug lab site or associated dump site may exist. Professional reports, based on assessments, testing and investigations, show that chemicals used in the production of illicit drugs can condense, penetrate and contaminate surfaces, furnishings and equipment of surrounding structures. The City 'nR/7/17 P1'H Council finds that these sites, and the personal property within the sites, may contain suspected chemicals and residues that place people, particularly children or adults of childbearing age, at risk when exposed through inhabiting or visiting the site or using or being exposed to contaminated personal property. (B) Interpretation and application. (I) In the interpretation and application of this subchapter, the provisions herein shall be construed to protect the public health, safety and welfare. (2) Where the conditions imposed by any provision of this subchapter are either more or less restrictive to the public than comparable provisions imposed by any other law, ordinance, statute or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements on the public shall prevail. (C) Fees. Fees for the administration of this subchapter may be established and amended periodically by resolution of the City Council. (Ord. 77, passed 12-10-2003) ~ 91.46 DEFINITIONS. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. CHEMICAL DUMP SITE. Any place or area where chemicals or other waste materials used in a clandestine drub lab operation have been located. CHILD. Any person less than 18 years of age. CITY. The City of Centerville. CLANDESTINE DRUG LAB OPERATION. The unlawful manufacture or attempt to manufacture a controlled substance. .c;.~A1Y/)~~!!1Y~}~lJ.lJY- IAl! _S!!~$(rf 1$r~~/SJ!l!~1'~1Y~~~ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - -{ Formatted: French (France) (1) Any place or area where law enforcement has determined that conditions associated with the operation of an unlawful clandestine drug lab exist. (2) A CLANDESTINE DRUG LAB SITE may include dwellings, accessory buildings, accessory structures, a chemical dumpsite, any land or personal property which may include vehicle(s), boat(s), trailer(s) and the like. In.O'~/1'" 01.,,,, .' (3) WASTES generated from a clandestine drug lab shall be treated, stored, transported or disposed of in a manner consistent with Minnesota Department of Health, Minnesota Pollution Control and Anoka County Health Department rules and regulations. CONTROLLED SUBSTANCE. Any drug, substance or immediate precursor in M.S. ~ 152.02 Schedules I through V, as amended, together with any amendments or modifications thereto. The term shall not include distilled spirits, wine, malt beverages, intoxicating liquors or tobacco. MANUFACTURE (in places other than a pharmacy). Means and includes the production, cultivation, quality control and standardization, by mechanical, physical, chemical or pharmaceutical means, and the packing, repacking, tableting, encapsulating, labeling, relabeling or filling or by other process of drugs. OWNER. Any person(s), firm(s), corporation(s) or other entity who or which owns, in whole or in part, the land, building, structure, vehicle, boat, trailer or other location associated with a clandestine drug lab site or chemical dump site. PUBLIC HEALTH NUISANCE. All dwellings, accessory structures and buildings or adjacent property associated with a clandestine drug lab site are potentially unsafe due to health hazards and are considered a public health nuisance pursuant to M.S. ~~ 463.15 et seq.; 463.15 et seq.; 412.221 et seq.; and 145A.Ol et seq., as they may be amended from time to time. (Ord. 77, passed 12-10-2003) ~ 91.47 DECLARATION AS PUBLIC HEALTH NUISANCE. All dwellings, accessory structures, buildings, vehicles, boats, trailers, personal property, adjacent property or other locations associated with a clandestine drug lab site or chemical dump site are potentially unsafe due to health hazards and are hereby declared to be a public health nuisance pursuant to M.S. ~~ 463.15 et seq.; 463.15 et seq.; 412.221 et seq.; and 145A.Ol et seq., as they may be amended from time to time. (Ord. 77, passed 12-10-2003) Penalty, see ~ 91.99 ~ 91.48 LAW ENFORCEMENT ACTION. (A) If law enforcement authorities determine the existence of a clandestine drug lab site or chemical dump site, the site and all personal property therein shall be declared a public health nuisance. (B) Law enforcement authorities who identify conditions associated with a clandestine drug lab site or chemical dumpsite which may place neighbors, the visiting public or present and future occupants of the site at risk for exposure to harmful contaminants and other associated conditions are authorized to take the following action: (1) Promptly notify the State Duty Officer, Chemical Assessment Team (CAT), crime lab, City Building Official or designee, child protection, public health authorities and the appropriate '0817/17 P1::l::l '. enforcement division of the drug enforcement administration of the U.S. Justice Department of the location of the site, local law enforcement officials, and the owner if known, of the conditions found; (2) Treat, store, transport or dispose of an wastes/substances generated from a clandestine drug lab operation found at the site in a manner consistent with Minnesota Department of Health, Minnesota Pollution Control and Anoka County Health Department rules and regulations; (3) Public Health Officials may issue a temporary declaration of public health nuisance for the affected site and post a copy of the declaration on an doorway entrances to the site or, in the case of bare land, post the declaration in several conspicuous places on the property. This temporary declaration of public health nuisance shall expire subsequent to the same authority and the City Building Official or designee inspecting the site and determining the appropriateness of issuing a permanent declaration of public health nuisance; (4) The Chemical Assessment Team (CAT) and crime lab will notify an persons occupying the site that a temporary declaration of public health nuisance has been issued; (5) Require an persons occupying the site to immediately vacate the site, remove an pets from the site, and not return without written authorization from the City Building Official or designee; (6) Notify all occupants vacating the site that an personal property at the site may be contaminated with dangerous chemical residue; and (7) Public Health Official or City Building Official or designee may put locks on each doorway entrance to the site to prohibit people from entering the site without authorization after all occupants of the site have vacated. (C) The obligation to promptly notify the persons and organizations mentioned above may be delayed to accomplish appropriate law enforcement objectives, but only to the extent that public health and child protection responsibilities are not unnecessarily compromised. (Ord. 77, passed 12-10-2003) ~ 91.49 SEIZURE OF PROPERTY. When the clandestine drug lab site or chemical dump site is inside a vehicle, boat, trailer or other form of moveable personal property, law enforcement authorities, upon the direction of the Duty Officer, Chemical Assessment Team (CAT) and crime lab, shan immediately seize it and not anow it to be transported except to a more secure location. In those circumstances, an other requirements of this subchapter shan be followed as closely as possible given the specific type of property in which the site is discovered. (Ord. 77, passed 12-10-2003) ~ 91.50 ACTION BY BUILDING OFFICIAL OR DESIGNEE. I no I~ 11 "'7 D11) ... (A) Inspection and declaration of nuisance. Within 48 hours of notification that law enforcement authorities have determined the existence of a clandestine drug lab site or chemical dump site, the City Building Official or designee shall inspect the site to determine the appropriate scope of a permanent declaration of public health nuisance. Based on the results of the inspection, the City Building Official or designee may then promptly issue a permanent declaration of public health nuisance and a "Do Not Enter-Unsafe to Occupy" order for the affected site to replace the temporary declaration issued and posted by law enforcement. A copy of the permanent declaration and order shall be posted on all doorway entrances to the site or, in the case of bare land, shall be posted in several conspicuous places on the property. (B) Abatement order. After a permanent declaration of public health nuisance has been issued and posted, the City Building Official or designee shall send written notice to the site owner ordering abatement of the public health nuisance. The abatement order shall include the following information: (1) A copy of the declaration of public health nuisance and "Do Not Enter-Unsafe to Occupy" order; (2) Information about the potentially hazardous condition of the site; (3) Notification of suspension of the site's rental license, ifapplicable; (4) A summary of the site owner's and occupant's responsibilities under this subchapter; and (5) Information that may help the owner locate appropriate services necessary to abate the public health nuisance. (C) Notice to concerned parties. The Building Official or designee shall also mail a copy of the permanent declaration of public health nuisance, a copy of this subchapter, and a notification of the suspension of the site's rental licensees, if applicable, to the following concerned parties at their last known address: (1) Occupants or residents of the site if the identities of those persons are known; (2) Neighbors in proximity to the site who may be reasonably affected by the conditions found; (3) The City Administrator; (4) The Community Development Director; (5) The City Police Department; (6) The City Fire Department; (7) The appropriate enforcement division of the Drug Enforcement Administration of the U.S. Justice Department; and 'OR/7/17 P1"l" (8) Other city, state and local authorities, such as the City Water Department, the Minnesota Pollution Control Agency, the Department of Natural Resources and any other agency or authority which is known to have public and protection responsibilities that are applicable to the situation. (D) Modification or removal of declaration. The City Building Official or designee is authorized to modify or remove the declaration of public health nuisance after the Building Official or designee receives documentation from a city-approved environmental hazard testing and cleaning firm, stating that the suspected health and safety risks, including those of neighbors and potential dwelling occupants, either do not exist or have been sufficiently abated or corrected to justify amendment or removal of the declaration. (Ord. 77, passed 12-10-2003) ~ 91.51 SITE OWNER'S RESPONSIBILITY TO ACT. (A) Within ten business days of the date the abatement order is mailed to the owner of the site, the owner shall accomplish the following: (1) Provide the City Building Official or designee, City Administrator and City Attorney with written notification: (a) That the owner has confirmed that all persons and their pets have vacated the site; (b) Of the name(s) of all children who the owner believes were residing at the site during the time period the clandestine drug lab or chemical dump site is suspected to have been at the site; and (c) That the site will remain vacated and secured until the public health nuisance is completely abated as required by this subchapter. (2) Contract with one or more city-approved environmental hazard testing and cleaning firms to conduct the following work in accordance with the most current Minnesota Department of Health guidelines: (a) A detailed on-site assessment of the extent of contamination at the site and the contamination of the personal property therein; (b) Soil testing of the site and testing of all property and soil in proximity to the site which the environmental hazard testing and cleaning firm determines may have been affected by the conditions found at the site; (c) A complete cleanup ofthe site (including but not limited to the cleanup or removal of plumbing, ventilation systems, fixtures and contaminated soil) or a demolition of the site and complete cleanup of the demolished site; (d) A complete cleanup, or disposal at an approved dump site, of all personal property in the site; I no,.., /1"'7 01'''' (e) A complete cleanup of all property and soil in proximity to the site which is found to have been affected by the conditions found at the site; and (f) Remediation testing and follow-up testing, including but not limited to testing of the ventilation system and plumbing, to determine that all health risks are sufficiently reduced, according to Minnesota Department of Health guidelines, to allow safe human occupancy and use of the site and use of the personal property therein and of all property and soil in proximity to the site. (3) Provide the City Building Official or designee with the identity ofthe testing and cleaning firm with which the owner has contracted for abatement of the public health nuisance as required above; and (4) Sign an agreement with the City Building Official or designee establishing a cleanup schedule. The schedule shall establish reasonable deadlines for completing all actions required by this subchapter for abatement of the public health nuisance. In determining appropriate deadlines, the City Building Official or designee shall consider practical limitations and the availability of contractors in approving the schedule for cleanup. (B) The site owner must meet all deadlines established on the cleanup schedule. Also, pursuant to the deadlines established by the cleanup schedule, the site owner is required to provide the City Building Official or designee with written documentation of the cleanup process, including a signed statement from a city-approved environmental hazard testing and cleaning firm that the site, all personal property therein and all property and soil in proximity to the site, is safe for human occupancy and use and that the cleanup was conducted in accordance with the most current Minnesota Department of Health guidelines. (Ord. 77, passed 12-10-2003) Penalty, see ~ 91.99 ~ 91.52 SITE OWNER'S RESPONSIBILITY FOR COSTS. (A) The site owner shall be responsible for all costs, including those of the city, of dealing with and abating the public health nuisance, including contractor's fees and the city's costs for services performed in association with the clandestine drug lab site or chemical dump site cleanup. (B) The city's cost may also include but shall not be limited to: (1) Posting of the site; (2) Notification of affected parties; (3) Securing the site, providing limited access to the site and prosecution of unauthorized persons found at the site; (4) Expense related to the recovery of costs, including the assessment process; (5) Laboratory fees; r no /7/1-, n1~"7 (6) Clean up services; (7) Administrative fees; (8) Legal fees; and (9) Other associated costs. (Ord. 77, passed 12-10-2003) Penalty, see ~ 91.99 ~ 91.53 CITY ACTION AND RECOVERY OF COSTS. (A) (1) If the building owner fails to comply with any of the requirements of this subchapter, the City Building Official or designee is authorized to take all reasonable actions necessary to abate the public health nuisance, including but not limited to contracting with a city-approved environmental hazard testing and cleaning firm to conduct the work outlined in ~ 91.51. (2) (a) The Building Official or designee is also authorized to provide a certified copy of the declaration of public health nuisance to the lien and/or mortgage holder(s), insurance company(ies) and the office of the Anoka County Recorder or Registrar of Titles of the affected site to help assure that persons with interest in the site have access to information about the declaration of public health nuisance. (b) Upon abatement of the nuisance as required herein, the Building Official or designee shall cause a notice of successful abatement and removal of the declaration of public health nuisance. (B) (1) If the costs to clean the site or to clean the personal property at the site are prohibitively high in relation to the value of the site or the personal property, the city is authorized to remove or demolish the site, structure or building and/or dispose of the personal property therein. (2) These actions shaIl be taken in accordance with the provisions of M.S. Chapter 463, as amended, together with any amendments or modifications thereto. (C) (1) If the city abates or assists in abating the public health nuisance, in addition to any other legal remedy, the city shaIl be entitled to recover all of its out-of-pocket costs as set forth in this chapter, and an additional 25 percent of the costs for administrative and legal expenses. (2) The city may recover costs by civil action against the owner of the site or by assessing the costs as a special charge against the site as taxes and special assessments are certified and collected pursuant to M.S. ~ 429.101 or according to the provisions of M.S. Chapter 463, as amended, together with any amendments or modifications thereto. (D) Nothing herein shall limit the authority of the city to enforce this subchapter or seek any other legal remedy to abate the nuisance through declaratory action, injunction and nuisance declaration or otherwise. (Ord. 77, passed 12-10-2003) ~ 91.54 RECOVERY OF COSTS FROM PERSONS CAUSING DAMAGE. No provisions of this subchapter are intended to limit the site owner's, residents' or the city's right to recover costs incurred under this subchapter from either the persons contributing to the public health nuisance, such as the operators of the clandestine drug lab and/or from other lawful sources. (Ord. 77, passed 12-10-2003) ~ 91.55 SITE OWNER AND ADDRESS. (A) When the site is real property and the owner or the address of the owner of the site is unknown, the owner and the owner's address is deemed to be that of the property's taxpayer's name and address as that information is maintained by the County Auditor's office. (B) When the site is a vehicle, boat or trailer and the owner or the address of the owner of the site is unknown, the owner and the owner's address is deemed to be that of the person on file as the owner on the current or most recent title to the vehicle, boat or trailer. (Ord. 77, passed 12-10-2003) ~ 91.56 SUSPENSION OF RESIDENTIAL RENTAL CERTIFICATION. Upon issuance of a permanent declaration of public health nuisance, any residential rental certificate or license issued by the city for the site, or any part thereof, is hereby declared to be immediately suspended pending full compliance with this subchapter. (Ord. 77, passed 12-10-2003) ~ 91.57 UNAUTHORIZED REMOVAL OF POSTINGS. It is unlawful for any person, except authorized city personnel or Public Health Officials, to remove postings designating a temporary or permanent declaration of public health nuisance and/or "Do Not Enter-Unsafe to Occupy" order from a chemical dump site or a clandestine drug lab site. (Ord. 77, passed 12-10-2003) Penalty, see ~ 91.99 ~ 91.58 ENTRY INTO OR ONTO SITE. 'nR/7/17 P1~a . , (A) While a declaration of public health nuisance for an affected site is in effect and has been posted at the site, no persons are permitted to be inside the site, or on the site property without prior written consent of the City Building Official or designee or as otherwise authorized by this subchapter. (B) To confirm compliance with this subchapter and to execute their duties under this subchapter, law enforcement officers, the City Building Official or designee, and any persons designated by the Building Official or designee may enter onto the site property or enter into the site at any time while a declaration of public health nuisance is in effect for the site. (Ord. 77, passed 12-10-2003) Penalty, see ~ 91.99 ~ 91.59 REMOVAL OF PERSONAL PROPERTY FROM THE SITE. (A) While a declaration of public health nuisance for an affected site is in effect and has been posted at the site, no personal property may be removed from the site without prior written consent from the City Building Official or designee. (B) Consent to remove personal property shall only be granted at the reasonable discretion of the Building Official or designee, and only in cases of hardship after: (I) A city-approved environmental hazard testing and cleaning firm has advised the city, in writing, that the item(s) of personal property can be sufficiently cleaned to remove all harmful contamination; and (2) The owner ofthe personal property agrees in writing: ( a) That the owner is aware of the danger of using the contaminated property; (b) That the owner will thoroughly clean the property to remove all contamination prior to the use of the property; and (c) That the owner releases and agrees to indemnify the city, its staff and the City Council from all liability to the owner and/or third persons for injuries or damages caused, or alleged to have been caused, by the contaminated property. (Ord. 77, passed 12-10-2003) ~ 91.60 CITY COUNCIL REVIEWIRIGHT TO APPEAL. n1"n " The owner of the property or any party with a legal interest in the property who has been issued a declaration of public health nuisance, an order for abatement, or a statement of public costs may appeal to the City Council. The appeal shall be in writing, filed with the Administrator and Anoka County Community Health and Environmental Services, specifying the grounds for the appeal and the relief requested. The appeal must be filed within ten days of the issuance of the item from which appeal is taken. The City Council shall hear the appeal at the next available City Council meeting. Upon review, the City Council may affirm, modify or reverse the action taken. The filing of an appeal shall suspend the terms of the declaration of public health nuisance, order for abatement or statement of public costs, whichever is applicable. However, in the instance of an appeal from an order for abatement, the appeal shall not suspend that part of the order prohibiting occupancy ofthe property. (Ord. 77, passed 12-10-2003) ~ 91.99 PENALTY. Any person violating any ofthe provisions ofthis chapter shall be guilty of a misdemeanor. InQ/7/17 D1 A 1 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 92.46 92.47 92.48 Purpose, intent and application Definitions Surface zoning by restricting speeds and areas of activity Enforcement I no I~ /1., DiAl') 92.49 Exceptions 92.50 Notification , - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - J - -1 ~~e:s~~al~ 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) L _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ u u _ u _ _ _ _ _ _ _ u u u J __ { 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) L _ _ _ _ _ _ _ _ _ _ _ _ _u _ _ _ _ _ _ ___ _ _ _ _ _ u u _ u _ _ _ u _ _ _ __ _ J _ -{ Deleted:Penalty,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) '- _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ J _ - {Deleted:Penalty,see~92.99 ~ 92.05 ALCOHOLIC BEVERAGES; INTOXICATION. 'OR/7/17 P14'l . , 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) ~ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ / -{ 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) ~ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ __ _ _ __ _ --{ Deleted: Penalty,see~92.99 ~ 92.07 HOURS. No persons, except authorized city personnel, shaH enter or be on the grounds of -il!l~ P!l~lic..l?l!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 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - -{ 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, passed 10-12-1983)., _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ __ _ --{ 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) L _ _ _ _ _ _ _ _ _ _ _ _ __ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ __ __ _ _ _ _ _ --{ Deleted: Penalty, see ~ 92.99 fi 92.10 WASHING OF VEHICLES. No person shall wash any vehicle on any public park or public grounds. (Ord. 41, passed 10-12-1983) ~ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ __ _ _ _ _ --{ 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 shaH 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... - - - - - - - - - - - - - - - - - - - - - - - - - - - - -1 Deleted: . (Ord. 41, passed 10-12-1983) (Amended ##/##/200#t _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ - Deleted: Penalty, see~ 92.99 'nQ/"7/1"'7 D1AA ~ 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)..u u _ _ _ u _ u _ _ u u _ _ _ _ u u _ _ u u _ u u u u _ _ u _ _ _ u1- - Deleted: Deleted: Penalty, see ~ 92.991{ ~ 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 _ _ _ _ _ _ _ _ _ _ _ _ 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) '- _ u _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ u u u _ U U _ U U _ U _ _ _ u U _ _ J - - -{ DeIetecl:Penalty,see~92.9911 ~ 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) '- _ u _ _ u _ _ _ u _ _ u _ _ _ _ _ _ u u _ _ _ u _ _ _ u u _ _ _ _ _ u _ _ _ 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) '- _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ J _ - -{ Deleted: Penally,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) '- _ u _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ... _ u _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ J _ - -{ Deleted: Penalty,see~92_99 !l 92.18 SWIMMING. 'OR! 7! 17 P111<; No person shall enter or exit CenterviIle Lake through any 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 high-water mark of the Lake. No person may be present within a protected shoreline area which is so posted. It is a trespass for anyone 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 I no'''7 11"7 D1At:: , . ~ 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 I, 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 Sheriff's 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. I nQ 1"'7/1 '7 n111"7 (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 (Ord. 68, passed 3-27-2002\ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - - ~-----------------------------~-~----------------------------------------- n1AO Deleted: Penalty, see ~ 92.99 Deleted: ~ ~ ~ *92.99 PENALTY.~ ~ Any person violating any of the provisions of this chapter shall be guilty of a rnisdemeanor.~ " Section CHAPTER 93: STREETS AND SIDEWALKS General Provisions 93.01 Removal of snow, ice, dirt and rubbish from sidewalks 93.02 Deposits on streets prohibited 93.03 Mailbox placement and installation 93.15 93.16 93.17 93.18 93.19 93.20 93.21 93.22 93.23 93.24 93.25 93.26 93.27 93.28 93.29 93.30 93.31 93.32 93.33 93.34 93.99 rnQ/7/17 Use of Rights-of-Way Election to manage Definitions Permit requirement Permit applications Issuance of permit; conditions Permit fees Patching and restoration Supplementary applications Denial of permit Installation requirements Inspection Supplementary notification Revocation of permits Mapping data Location of facilities Damage to other facilities Indemnification and liability Abandoned facilities Appeal Reservation of regulatory and police powers Penalty D1An . . GENERAL PROVISIONS ~ 93.01 REMOVAL OF SNOW, ICE, DIRT AND RUBBISH FROM SInEW ALKS. (A) Cleaning of sidewalks. All owners of property in the city shall provide for the removal of snow, ice, dirt, debris, litter, branches and other obstructions or accumulation of materials from all public sidewalks adjacent to their property within 24 hours after its deposit thereon. (B) Removal by city; assessment of costs. (1) Any snow, ice, dirt, debris, branches and litter remaining on the public sidewalks of the city is in violation of this section and may be removed by the Director of Public Works or his or her designee. The Director of Public Works shall determine the cost of the removal and the owner of , the property abutting the sidewalk from which the city has made the removal shall be charged for the cost. (2) Periodically, the Administrator shall list the total unpaid charges for removal from a public sidewalk of snow, ice, debris, branches and litter against each separate lot or parcel to which they are attributable under this section. The Council may then spread the assessment charges against the property benefitted as a special assessment under M.S. ~ 429.101, as amended, and other pertinent statutes for certification to the County Auditor and collection along with the current taxes the following year. (C) Sidewalk Maintenance and Repair. (1) Primary Responsibility. It is the primary responsibility of the owner of property upon which there is abutting any sidewalk to keep and maintain such sidewalk in safe and serviceable condition. (2) Construction, Reconstruction and Repair Specifications. All construction, reconstruction or repair of sidewalks shall be done in strict accordance with specifications on file in the office of the Public Works Director. (3) Notice - No Emergency. Where, in the opinion of the Public Works Director, no emergency exists, notice of the required repair or reconstruction shall be given to the owner of the abutting property. Such notice shall require completion of the work within ninety days, and shall be mailed to the owner or owners shown to be such on the records of the County Officer who mails tax statements. (4) Notice - Emergency. Where, in the opinion of the Public Works Director, an emergency exists, notice of the required repair or reconstruction shall be given to the owner of the abutting property. Such notice shall require completion of the work within ten days, and shall be mailed to the owner or owners shown to be such on the records of the County Officer who mails tax statements. (5) Failure of Owner to Reconstruct or Make Repairs. If the owner ofthe abutting property fails to make repairs or accomplish reconstruction as herein required, the Clerk-Treasurer shall report such failure to the Council and the Council may order such work to be done under its direction and the cost thereof assessed to the abutting property owner as any other special assessment. (6) Duty to Inspect. In order to accomplish the purpose of this Section, it shall be the duty of the Public Works Director to inspect sidewalks within the City, or cause the same to be inspected under his/her direction. (D) Improvements: ownership. Nothing contained in this section shall prevent the City Council from undertaking any public improvement with respect to the construction, maintenance, replacement, repair, relocation or removal of sidewalks in the city pursuant to M.S. Chapter 429, as amended, or any other applicable ordinance, statute or law. Further, this section shall not be construed as to empower the owner of any land adjacent to any public or municipal sidewalk to claim ownership thereof, to remove any sidewalk without the replacement thereof, or to place or permit any form of barricade, obstruction or other hindrance to the free passage of any pedestrian thereon without the express written consent of the City Council. (Ord. 50, passed 12-26-1990, amended 10-11-2006) ~ 93.02 DEPOSITS ON STREETS PROHIBITED. (A) No person shall sweep, shovel or otherwise deposit any leaves, grass, rubbish or other materials of any kind in any street or gutter within the city. (B) It is unlawful for any person not acting under a contract with the city to dump snow or ice on city property or on a street. (Ord. passed 8-24-1994) ~ 93.03 MAILBOX PLACEMENT AND INST ALLA TION. (A) Intent. The intent of this section is to reduce the number of mailbox and paper box locations on city streets. The reasons for this are to make snow removal a more efficient process and to enhance the looks of the city streets. (B) Grouping mailboxes and paper boxes. All mailboxes shall be clustered in groups of not less than four nor more than six. Paper boxes are in addition to the mailboxes and shall be installed on the same stand. Groups of less than four will be allowed if any mailbox is more than 250 feet from the property it serves. (C) Location. The Public Works Director shall produce a mailbox location plan for the city and designate group mailbox locations. Residents replacing existing mailboxes will check with City Hall for the new group box locations. 'OA/7/l7 D1l; 1 (D) Handicapped and elderly persons. Any handicapped or elderly person who would have difficulty using a group box location shall be exempt from this section upon notification of handicap or physical condition to the City Hall. (E) Removal of paper boxes from the right-ofway. As of 8-1-1990, all paper boxes not in group locations will be removed from the city street right-of-way. (F) Culs-de-sac. Group mailbox and paper box stands shall not be located in any cul-de-sac. Box locations will be allowed on streets entering and leaving the cul-de-sac. (G) New developments. Developer agreements shall provide for installation of mailboxes in new developments. (H) Maintenance. Maintenance of the mailboxes and platforms shall be the responsibility of the residents served. (Ord. 48, passed 5-24-1989) ~ 93.04 MAINTENANCE OF ADJOING RIGHT OF WAY. (A) Duty of Property Owner to Cut Grass and Weeds and Maintain Trees and Shrubs. Every owner of property abutting on any street shall cause the grass and weeds to be cut from the line of such property nearest to such street to the center of such street. If the grass or weeds in such a place attain a height in excess of eight (8) inches it shall be prima facie evidence of a failure to comply with this Section. Every owner of property abutting on any street shall, subject to the provisions herein requiring a permit therefore, trim, cut and otherwise maintain all trees and shrubs in a unhazardous and healthy condition, from the line of such property nearest to such street to the center thereof. (B) Failure of Owner. If the owner of the abutting property fails to maintain adjoining right of way as required by this section, the city may secure compliance in the same manner as abatement of nuisance violations and may order such work to be done under its direction and the cost thereof assessed to the abutting property owner as any other special assessment. (Adopted 10-11-2006) USE OF RIGHTS-OF-WAY ~ 93.15 ELECTION TO MANAGE. (A) To provide for the health, safety and welfare of its citizens, and to ensure the integrity of its streets and the appropriate use of the rights-of-way, the city strives to keep its rights-of-way in a state of good repair and free from unnecessary encumbrances. ~. ../ (B) Pursuant to the authority granted to the city under state and federal statutory, administrative and common law, the city hereby elects pursuant to M.S. ~ 237.163, Subdivision 2(b), as amended, to manage rights-of-way within its jurisdictions. (Ord. 74, passed 11-27-2002) ~ 93.16 DEFINITIONS. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. References hereafter to sections are unless otherwise specified references to sections in this subchapter. Defined terms remain defined terms whether or not capitalized. ABANDONED FACILITY. A facility no longer in service or physically disconnected from a portion of the operating facility or from any other facility that is in use or stilI carries service. A facility is not abandoned unless declared so by the right-of-way user. APPLICANT. Any person requesting permission to excavate or obstruct a right-of-way. CITY INSPECTOR. Any person authorized by the city to carry out inspections related to the provisions of this subchapter. COMMISSION. The State Public Utilities Commission. CONGESTED RIGHTS-OF-WAY. A crowded condition in the subsurface of the public rights- of-way that occurs when the maximum lateral spacing between existing underground facilities does not allow for construction of new underground facilities without using hand digging to expose the existing lateral facilities in conformance with M.S. ~ 216D.04, Subdivision 3, as amended, over a continuous length in excess of 500 feet. DEGRADA TION. A decrease in the useful life of the right-of-way caused by excavation in or disturbance of the right-of-way, resulting in the need to reconstruct the right-of-way earlier than would be required ifthe excavation or disturbance did not occur. DEGRADATION COST. Subject to Minn. Rules 7819.1100, means the cost to achieve a level of restoration as determined by the city at the time the permit is issued, not to exceed the maximum restoration shown in plates one to 13, set forth in Minn. Rules parts 7819.9900 to 7819.9950. DEGRADA TION FEE. The estimated fee established at the time of permitting by the city to recover costs associated with the decrease in the useful life of the rights-of-way caused by the excavation, and which equals the degradation costs. 'nll/7/17 D11;~ ~. DELAY PENALTY. The penalty imposed as a result of unreasonable delays in right-of-way excavation, obstruction, patching or restoration as established by permit. EMERGENCY. A condition that: (1 ) Poses a danger to life or health, or of a significant loss of property; or (2) Requires immediate repair or replacement of facilities in order to restore service to a customer. EQUIPMENT. Any tangible asset used to install, repair or maintain facilities in any right-of-way. EXCAVATE. To dig into or in any way remove or physically disturb or penetrate any part of a right-of-way. EXCAVATION PERMIT. The permit which, pursuant to this subchapter, must be obtained before a person may excavate in a right-of-way described in the permit. FACILITY or FACILITIES. Any tangible asset in the right-of-way required to provide utility service. HOLE. An excavation in the right-of-way, with the excavation having length less than the width of the pavement. MANAGEMENT COSTS. The actual costs the city incurs in managing its rights-of-way, including the cost, if incurred, of those associated with registering applicants; issuing, processing and verifying right-of-way permit applications, inspecting job sites and restoration projects; maintaining, supporting, protecting or moving user facilities during right-of-way work; determining the adequacy of right-of-way restoration; restoring work inadequately performed after providing notice and the opportunity to correct the work; and revoking right-of-way permits. MANAGEMENT COSTS do not include payment by a telecommunications right-of-way user for the use of the rights-of-way, the fees and cost of litigation relating to the interpretation of Minnesota Session Laws 1997, Chapter 123; M.S. SS 237.162 or 237.163, as amended, or any ordinance enacted under those sections; or city fees and costs related to appeals taken pursuant to this subchapter. OBSTRUCT. To place any tangible object in a right-of-way so as to hinder free and open passage over that or any part of the right-of-way. OBSTRUCTION PERMIT. The permit which, pursuant to this subchapter, must be obtained before a person may obstruct a right-of-way, allowing the holder to hinder free and open passage over the specified portion of that right-of-way, for the duration specified therein. InO/'*r/-t.., n11:A .. PATCH or PATCHING. A method of pavement replacement that is temporary in nature. A PATCH consists of the compaction of the sub-base and aggregate base, and the replacement in kind of the existing pavement for a minimum of two feet beyond the edges of the excavation in pavement as included in the city's five-year project plan. PAVEMENT. Any type of improved surface that is within the public rights-of-way and that is paved or otherwise constructed with bituminous, concrete, aggregate or gravel. PERMIT. The meaning given right-of-way permit in M.S. ~ 237.162, as amended. PERMITTEE. Any person to whom a permit to excavate or obstruct a right-of-way has been granted by the city under this subchapter. PERSON. An individual or entity subject to the laws and rules of this state, however organized, whether public or private, whether domestic or foreign, whether for profit or nonprofit, and whether natural, corporate or political. PUBLIC RIGHT-OF-WAY. The area on, below or above a public roadway, highway, street, cartway, bicycle lane and public sidewalk in which the city has an interest, including other dedicated rights-of-way for travel purposes and utility easements of the city. A right-of-way does not include the airwaves above a right-of-way with regard to cellular or other nonwire telecommunications or broadcast service. REGISTRANT. Any person who has or seeks to have its equipment or facilities located in any right-of-way; or in any way occupies or uses, or seeks to occupy or use, the right-of-way or place its facilities or equipment in the right-of-way. RESTORE or RESTORATION. The process by which an excavated right-of-way and surrounding area, including pavement and foundation, is returned to the same condition and life expectancy that existed before excavating. RESTORATION COSTS. The amount of money paid to the city by a permittee to achieve the level of restoration according to plates one to 13 of Minnesota Public Utilities Commission Rules. RIGHT-OF-WAY. Either the excavation permit or the obstruction permit, or both, depending on the context, required by this subchapter. RIGHT-OF-WAY USER. (I) A telecommunications RIGHT-OF-WAY USER as defined by M.S. ~ 237.162, Subdivision 4, as amended; or (2) A person owning or controlling a facility in the right-of-way that is used or intended to be used for providing utility service, and who has a right under law, franchise or ordinance to use the public rights-of-way. 'OR/7/17 D1&::.1'o; . SERVICE or UTILITY SERVICE. Includes those services provided by a public utility as defined in M.S. ~ 216B.02, Subdivision 4 and 6, as amended; services of a telecommunications right-of-way user, including transporting of voice or date information; services of a cable communications system as defined in M.S. Chapter 238, as amended; natural gas or electric energy or telecommunications services provided by the city; service provided by a cooperative electric association organized under M.S. Chapter 308A, as amended; and water, sewer, steam, cooling or heating services. SUPPLEMENTARY APPLICATION. An application made to excavate or obstruct more of the right-of-way than allowed in, or to extend a permit that had already been issued. TELECOMMUNICATION RIGHT-OF-WAY USER. A person owning or controlling a facility in the right-of-way, or seeking to own or control a facility in the right-of-way, that is used or is intended to be used for transporting telecommunication or other voice or data information. For purposes of this subchapter, cable communication system defined and regulated under M.S. Chapter 238, as amended, and telecommunication activities related to providing natural gas or electric energy services whether provided by a public utility as defined in M.S. ~ 216B.02, as amended; a municipality; a municipal gas or power agency organized under M.S. Chapters 453 and 453A, as amended; or a cooperative electric association organized under M.S. Chapter 308A, as amended, are not TELECOMMUNICATIONS RIGHT-OF-WA Y USERS for purposes of this subchapter. TEMPORARY SURFACE. The compaction of sub-base and aggregate base and replacement, in kind, of the existing pavement only to the edges of the excavation. It is temporary in nature except when the replacement is of pavement included in the city's capital improvement plan, and is scheduled for completion within two years, in which case it is considered full restoration. TRENCH. An excavation in the pavement, with the excavation having a length equal to or greater than the width of the pavement. (Ord. 74, passed 11-27-2002) ~ 93.17 PERMIT REQUIREMENT. (A) Generally. Except as otherwise provided in this code, no person may obstruct or excavate any right-of-way without first having obtained the appropriate permit from the city. (l) Excavation permit. (a) An excavation permit is required to excavate that part of the right-of-way described in the permit and to hinder free and open passage over the specified portion of the right-of-way, to the extent and for the duration specified therein. (b) An obstruction permit is not required if a person already possesses a valid excavation permit for the same project. (2) Obstruction permit. . (a) An obstruction permit is required to hinder free and open passage over the specified portion of rights-of-way by placing equipment described therein on the rights-of-way, to the extent and for the duration specified therein. (b) An obstruction permit is not required if a person already possesses a valid excavation permit for the same project. (B) Permit extensions. No person may excavate or obstruct the right-of-way beyond the date or dates specified in the permit unless the person makes both a supplementary application for another right-of-way permit before the expiration of the initial permit, and a new permit or permit extension is granted. (C) Delay penalty. The city shall establish and impose a delay penalty for unreasonable delays in right-of-way excavation, obstruction, patching or restoration. The delay penalty shall be established from time to time by City Council resolution. (D) Permit display. Permits issued under this subchapter shall be conspicuously displayed or otherwise available at all times at the indicated work site and shall be available for inspection by city. (Ord. 74, passed 11-27-2002) Penalty, see ~ 93.99 ~ 93.18 PERMIT APPLICATIONS. Application for a permit shall contain and will be considered complete only upon compliance with the requirements of the following provisions: (A) Submission of a completed permit application form, including all required attachments, scaled drawings showing the location and area of the proposed project and the location of all known existing and proposed facilities, and the following information: (I) Each applicant's name, Gopher One-Call registration certificate number, address and e- mail address if applicable, and telephone and facsimile numbers; (2) The name, address and e-mail address, if applicable, and telephone and facsimile numbers of a local representative. The local representative or designee shall be available at all times. Current information regarding how to contact the local representative in an emergency shall be provided at the time of registration; (3) A certificate of insurance or self-insurance: (a) Verifying that an insurance policy has been issued to the permittee by an insurance company licensed to do business in the state, or a form of self-insurance acceptable to the city; (b) Verifying that the permittee is insured against claims for personal injury, including death, as well as claims for property damage arising out of the use and occupancy of the right-of-way by the permittee, its officers, agents, employees and permittees; and placement and use of facilities and 'nA17117 011;.7 . equipment in the right-of-way by the permittee, its officers, agents, employees and permittees; including but not limited to protection against liability arising from completed operations, damage of underground facilities and collapse of property; (c) Naming the city as an additional insured as to whom the coverages required herein are in force and applicable and for whom defense will be provided as to all the coverages; (d) Requiring that the city be notified 30 days in advance of cancellation of the policy or material modification of coverage term; and (e) Indicating comprehensive liability coverage, automobile liability coverage, workers compensation and umbrella coverage established by the city in amounts sufficient to protect the city and the public and to carry out the purposes and policies of this subchapter. (4) The city may require a copy of the actual insurance policies; (5) If the person is a corporation, a copy of the certificate required to be filed under M.S. ~ 300.06, as it may be amended, as recorded and certified to by the Secretary of State; and (6) A copy of the person's order granting a certificate of authority from the Minnesota Public Utilities Commission or other applicable state or federal agency, where the person is lawfully required to have the certificate from the Commission or other state or federal agency. (B) Payment of money due the city for: (1) Permit fees, estimated restoration costs and other management costs; (2) Prior obstructions or excavation; (3) Any undisputed loss, damage or expense suffered by the city because of applicant's prior excavations or obstructions of the right-of-way or any emergency actions taken by the city; and (4) Franchise fees or other charges, if applicable. (Ord. 74, passed 11-27-2002) ~ 93.19 ISSUANCE OF PERMIT; CONDITIONS. (A) Permit issuance. If the applicant has satisfied the requirements of this subchapter, the city shall issue a permit. (B) Conditions. The city may impose reasonable conditions upon the issuance of the permit and the performance of the applicant thereunder to protect the health, safety and welfare of the public or when necessary to protect the right-of-way and its current use. (Ord. 74, passed 11-27-2002) ~. ~ 93.20 PERMIT FEES. (A) Excavation permit fie. The city shall establish an excavation permit fee in the amount sufficient to recover the following costs: (1) The city management costs; and (2) Degradation costs, if applicable. (B) Obstruction permit fee. The city shall establish the obstruction permit fee, which shall be in an amount sufficient to recover the city management costs. (C) Payment of permit fees. No excavation permit or obstruction permit shall be issued without payment of excavation or obstruction permit fees. (D) Nonrefundable. Permit fees that were paid for a permit that the city has revoked for a breach as stated in ~ 93.27 are not refundable. (E) Application to franchises. Unless otherwise agreed to in the franchise, management costs may he charged separately from and in addition to the franchise fees imposed on a right-of-way user in the franchise. (F) Establishment. All permit fees shall be established by resolution of the City Council. (Ord. 74, passed 11-27-2002) ~ 93.21 PATCHING AND RESTORATION. (A) Timing. The work to be done under the excavation permit, and the patching and restoration of the right-of-way as required herein, must be completed within the dates specified in the permit. (B) Patch and restoration. The city may choose either to have the permittee restore the right-of- way or to restore the right-of-way itself. (1) City restoration. If the city restores the right-of-way, permittee shall pay the costs thereof within 30 days of billing. If, following the restoration, the pavement settles due to permittee's improper backfilling, the permittee shall pay to the city, within 30 days of billing, all costs associated with having to correct the defective work. (2) Permittee restoration. If the permittee restores the right-of-way itself, it shall at the time of application for an excavation permit post a construction performance bond in accordance with the provisions of Minn. Rules 7819.3000. 41, (3) Degradationfee in lieu of restoration. In lieu of right-of-way itself, it shall at the time of application for an excavation permit post a construction performance bond in accordance with the provisions of Minn. Rules 7819.3000. (C) Standards. The permittee shall perform patching and restoration according to the standards and with the materials specified by the city and shall comply with Minn. Rules 7819.1100. (D) Duty to correct defects. The permittee shall correct defects in patching or restoration performed by permittee or its agents. Permittee upon notification from the city shall correct all restoration work to the extent necessary, using the method required by the city. This work shall be completed within 5 calendar days of the receipt of the notice from the city. (E) Failure to restore. If the permittee fails to restore the right-of-way in the manner and to the condition required by the city, or fails to satisfactorily and timely complete all restoration required by the city, the city at its option may do the work. In that event the permittee shall pay the city, within 30 days of billing, the cost of restoring the right-of-way. If permittee fails to pay as required, the city may exercise its rights under the construction performance bond or collect from any security posted with the permit. (Ord. 74, passed 11-27-2002) Penalty, see ~ 93.99 ~ 93.22 SUPPLEMENTARY APPLICATIONS. (A) Limitation on area. A right-of-way permit is valid only for the area of the right-of-way specified in the permit. No permittee may do any work outside the area specified in the permit, except as provided herein. Any permittee which determines that an area greater than that specified in the permit must be obstructed or excavated must, before working in that greater area, both make application for a permit extension and pay any additional fees required thereby, and be granted a new permit or permit extension. (B) Limitation on dates. A right-of-way permit is valid only for the dates specified in the permit. No permittee may begin its work before the permit start date or, except as provided herein, continue working after the end date. If a permittee does not finish the work by the permit end date, it must apply for a new permit for the additional time it needs, and receive the new permit or an extension of the old permit before working after the end date of the previous permit. This supplementary application must be submitted before the permit end date. (Ord. 74, passed 11-27-2002) Penalty, see ~ 93.99 ~ 93.23 DENIAL OF PERMIT. The city may deny a permit for failure to meet the requirements and conditions of this subchapter if the city determines that the denial is necessary to protect the health, safety of the public and welfare, or when necessary to protect the right-of-way and its current use.?(Ord. 74, passed 11-27-2002) , ~ 93.24 INSTALLATION REQUIREMENTS. The excavation, backfilling, patching and restoration, and all other work performed in the right-of- way shall be done in conformance with local law and Minnesota Statutes and Rules. (Ord. 74, passed 11-27-2002) Penalty, see ~ 93.99 ~ 93.25 INSPECTION. (A) Notice of completion. When the work under any permit hereunder is completed, the permittee shall furnish a completion certificate. (B) Site inspection. Permittee shall make the worksite available to city personnel and to all others as authorized by law for inspection at all reasonable times during the execution of and upon completion of the work. (C) Authority of city. (l) At the time of inspection the city may order the immediate cessation of any work which poses a serious threat to the life, health, safety or well-being of the public. (2) The city may issue an order to the permittee for any work which does not conform to the terms of the permit or other applicable standards, conditions or codes. The order shall state the failure to correct the violation will be cause for revocation of the permit. Within ten days after issuance of the order, the permittee shall present proof to the city that the violation has been corrected. If this proof has not been presented with the required time, the city may revoke the permit pursuant to this chapter. (3) If the city becomes aware of an emergency regarding facilities, the city will attempt to contact the local representative of each facility owner affected, or potentially affected, by the emergency. In any event, the city may take whatever action it deems necessary to respond to the emergency, the cost of which shall be borne by the person whose facilities occasioned the emergency. (0) Nonemergency situations. Except in an emergency, any person who, without first having obtained the necessary permit, obstructs or excavates a right-of-way must subsequently obtain a permit, and as a penalty pay double the normal fee for the permit, pay double all the other fees required by this subchapter, deposit with the city the fees necessary to correct any damage to the right-of-way and comply with all ofthe requirements of this subchapter. (Ord. 74, passed 11-27-2002) ~ 93.26 SUPPLEMENTARY NOTIFICATION. If the obstruction or excavation of the right-of-way begins later or ends sooner that the date given on the permit, permittee shall notify the city of the accurate information as soon as this information is known. If\OJ7/17 D1C1 " (Ord. 74, passed 11-27-2002) ~ 93.27 REVOCATION OF PERMITS. (A) Substantial breach. The city reserves its right, as provided herein, to revoke any right-of-way permit, without a fee refund, if there is a substantial breach of the terms and conditions of any statute, ordinance, rule or regulation, or any material condition of the permit. A substantial breach by permittee shall include but shall not be limited to the following: (1) The violation of any material provision of the right-of-way permit; (2) An evasion or attempt to evade any material provision of the right-of-way permit, or the perpetration or attempt to perpetrate any fraud or deceit upon the city or its citizens; (3) Any material misrepresentation offact in the application for a right-of-way permit; (4) The failure to complete the work in a timely manner, unless a permit extension is obtained; or (5) The failure to correct, in a timely manner, work that does not conform to a condition indicated on an order issued pursuant to this chapter. (B) Written notice of breach. If the city determines that the permittee has committed a substantial breach of a term or condition of any statute, ordinance, rule, regulation or any condition of the permit, the city shall make a written demand upon the permittee to remedy the violation. The demand shall state that continued violations may be caused for revocation of the permit. A substantial breach, as stated above, will allow the city, at its discretion, to place additional or revised conditions on the permit to mitigate and remedy the breach. (C) Response to notice of breach. Within 24 hours of receiving notification of the breach, permittee shall provide the city with a plan, acceptable to the city, that will cure the breach. Permittee's failure to so contact the city, the permittee's failure to submit an acceptable plan, or permittee's failure to reasonably implement the approved plan shall be cause for immediate revocation of the permit. (D) Reimbursement of city costs. If a permit is revoked, the permittee shall also reimburse the city for the city's reasonable costs, including restoration costs and the costs of collection and reasonable attorneys' fees incurred in connection with the revocation. (Ord. 74, passed 11-27-2002) ~ 93.28 MAPPING DATA. Each permittee shall provide mapping information required by the city in accordance with Minn. Statutes and Rules. . (Ord. 74, passed 11-27-2002) ~ 93.29 LOCATION OF FACILITIES. (A) Locations. Placement, locations and relocation of facilities must comply with the act, with other applicable local or state law, and with Minn. Rules. (B) Corridors. The city may assign specific corridors within the right-of-way or any particular segment thereof as may be necessary, for each type of facilities that is located or, pursuant to current technology, the city expects will someday be located within the right-of-way. All excavation, obstruction or other pennits issued by the city involving the installation or replacement of facilities shall designate the proper corridor for the facilities at issue. (C) Limitation of space. To protect health, safety and welfare or when necessary to protect the right-of-way and its current use, the city shall have the power to prohibit or city shall strive to the extent possible to accommodate all existing and potential users of the right-of-way, but shall be guided primarily by considerations of the public interest, the public's needs for the particular utility service, the condition of the right-of-way, the time of year with respect to essential utilities, the protection of existing facilities in the right-of-way, and future city plans for public improvements and development projects which have been detennined to be in the public interest. (Ord. 74, passed 11-27-2002) ~ 93.30 DAMAGE TO OTHER FACILITIES. (A) When the city does work in the right-of-way and finds it necessary to maintain, support or move facilities to protect it, the city shall notify the local representative as early as is reasonably possible and placed as required. The costs associated therewith will be billed to that facility owner and must be paid within 30 days from the date of billing. (B) Each facility owner shall be responsible for the cost of repairing any facilities in the right-of- way which he or she or the facilities damages. Each facility owner shall be responsible for the cost of repairing any damage to the facilities of another caused during the city's response to an emergency occasioned by that owner's facilities. (Ord. 74, passed 11-27-2002) ~ 93.31 INDEMNIFICATION AND LIABILITY. By applying for and accepting a pennit under this subchapter, a pennittee agrees to defend and indemnify the city in accordance with the provisions of local law and Minnesota Statutes and Rules. (Ord. 74, passed 11-27-2002) ~ 93.32 ABANDONED FACILITIES. InO/7/17 n...~1') . Any person who has abandoned facilities in any right-of-way shall remove them from that right-of- way if required in conjunction with other right-of-way repair, excavation or construction, unless this requirement is waived by the city. (Ord. 74, passed 11-27-2002) ~ 93.33 APPEAL. (A) A right-of-way user that has been denied registration; has been denied a permit; has had a permit revoked; or believes that the fees imposed are invalid, may have the denial, revocation or fee imposition reviewed, upon written request, by the City Council. The City Council shall act on a timely written request at its next regularly scheduled meeting. (B) A decision by the City Council affirming the denial, revocation or fee imposition will be in writing and supported by written findings establishing the reasonableness ofthe decision. (Ord. 74, passed 11-27-2002) ~ 93.34 RESERVATION OF REGULATORY AND POLICE POWERS. A permittee's rights are subject to the regulatory and police powers of the city to adopt and enforce general ordinances necessary to protect the health, safety and welfare ofthe public. (Ord. 74, passed 11-27-2002) ~ 93.99 PENAL TV. Any person violating any of the provisions ofthis chapter shall be guilty of a misdemeanor (Ord. 60, passed 8-9-1995) .. CHAPTER 94: SPORTING, ATHLETIC AND MUSIC EVENTS Section 94.01 94.02 TqeJ1~~ally _ _ _ _ _ _ _ _ _ _ _ _ _ _ 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 of the 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 activity, 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 kicking, punching, martial arts, or submission holds are permitted. The City Council finds that the practice of ultimate fighting is dangerous and puts individuals and the public health. safety and welfare at great risk. (B) Prohibited conduct. It shalI be unlawful in any public or private building. or place to organize, permit. be present at. or to participate in the practice of ultimate fil?hting. 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. volleyball. soccer. baseball and softball, are not included among activities prohibited by this section. 166 THE TRUST for PUBLIC LAND \lilllll'SOtJ ()fllcc 2610 Ll1i\LTsit\ .\\l' ~lIitc 300 ~t. I"ltd. \1 "- 5511-1 65]; 917-22-10 :651.' 917-22-18 \\,\\,,-,tpJ.org Mayor Mary Capra 1880 Main St Centerville, MN 55038-9794 Dear Mayor Mary Capra: The Minnesota Legislature is asking voters to decide on November 4, 2008, whether to amend the Minnesota Constitution to increase funding for clean water, wildlife, cultural heritage and natural areas. Enclosed are educational materials for yourself, your neighbors, and your community leaders - such as your city council, park commission, and planning commission - so that you are all informed about this ballot question. Please let me know if you would like more copies of this educational material or are interested in inviting a speaker to discuss this issue. This flyer is available electronically at www.embraceopenspace.org, or you can request it bye-mail through me at Cordelia.pierson@tpl.org Thank you. I look forward to hearing from you. Sincerely, Cc>r~'=- r-:pl'~,", Cordelia Pierson Program Director The Trust for Public Land 651-999-5312 Enc: Education on Clean Water, Wildlife, Cultural Heritage and Natural Areas ballot question (10) COUNTY OF ANOKA Public Services Division HIGHWAY DEPARTMENT 1440 BUNKER LAKE BLVD. NW, ANDOVER, MINNESOTA 55304 (763) 862-4200 FAX (763) 862-4201 JUL 1 , 2008 July 15,.2008 CENTfRVILLE. MN Dallas Larson Centerville City Administrator 1880 Main Street Centerville, MN 55038 Re: Comments on the City of Centerville Comprehensive Plan: Dear Mr. Larson: Thank you for providing us the opportunity to comment on the proposed 2030 Comprehensive Plan for the City of Centerville. The following comments have been gathered from various departments within the county. The comments are listed by category area. Water Supply · In 2007, the Metropolitan Council prepared a legislative report (MS 473.1565) addressing water supply in the metropolitan area. The report includes the statement "municipalities typically make water system investments and conduct resource evaluations on a local level without consideration of regional implications." The first recommendation of the Council report is to amend Minnesota Statutes to require community water supply planning, in the metropolitan area, to be linked with comprehensive planning. The Metropolitan Council report includes a Water Supply Adequacy Analysis for the City of Centerville indicating: available aquifer yield is high; that there is no major limitations on groundwater withdrawal; the demand projections are medium municipal demand; and the current groundwater resources are adequate for local supply (Appendix F: Water Supply Adequacy Analysis, Water Supply Planning in the Twin Cities Metropolitan Area Technical Report, January 2007). Regardless of the proj ections of water resources adequacy - we believe that the city must address this emerging issue by establishing the natural (base level) of available aquifer resources and routine monitoring to determine if municipal, or regional, withdrawal is negatively impacting local or regional water resources. Cooperation and assistance is available to adequately manage and sustain the ''waters of the State of Minnesota" through regulatory and consulting programs of the Minnesota Department of Natural Resources. · Water Supply Background This section provides background on the city's water supply system that utilizes groundwater through its municipal wells. Discussion of city groundwater resources in this section will support groundwater protection and monitoring activities identified in the subsequent Natural Resources Goals and Policies section. We believe that additional background information should be included from existing reports and sources. o The city' s Wellhead Protection Plan - Part 1 included a ''vulnerability assessment" of the city's two wells to pollution. Well #1 was determined to be non-vulnerable. Well #2 was determined to be vulnerable. The report also indicates that the location and well depth playa role in determining the "vulnerability" ofthe city's wells. o The plan states that the city recently completed its Water Emergency and Conservation Plan. The background information contained in the city's recently completed Water Emergency and Conservation Plan for its water system should be summarized here. o The city maintains records on use of groundwater (in their municipal water supply system) that is submitted to Minnesota DNR. These annual water use data are provided to the city when requested. We recommend that the background information on Centerville's water supply system include a summary of the information from the wellhead protection plan, groundwater resources contained in the Water Emergency and Conservation Plan and the DNR groundwater appropriation and withdrawal program. Natural Resources Goals and Policies · Groundwater resources sustain Centerville's water supply system. However, the effect oflocal and regional groundwater withdrawal in Centerville and adjacent developing communities may not be adequately monitored. Also, the city has completed its wellhead protection plan that indicates goals and policies for the protection of groundwater resources used by municipal wells. · The Minnesota DNR operates a Ground Water Level Monitoring Program to monitor changes and trends in groundwater availability. Through the collection and analysis ofthis groundwater information, the city can demonstrate that it is taking an active part in monitoring its water resources and managing its water supply system. · We recommend that an additional goal should be to sustain groundwater resources within the city and cooperate with the Minnesota DNR - Groundwater Level Monitoring Program to monitor water levels in its municipal wells. · The city should consider including its wellhead protection goals into this section. Water Resources · This section ofthe plan repeats the goals and policies of the Community Facilities and Services Goals and Policies (page 49). By combining water resources and municipal facilities/services in a single chapter, we believe that Centerville is not sufficiently acknowledging that water is a state managed natural resource instead of a city facility. Contamination and excessive water , appropriation can affect groundwater, lakes and wetlands in multiple communities. The city is required to participate in protection and management of water through state programs. We believe that Centerville should acknowledge its efforts to protect and sustain its natural resources in its Comprehensive Plan. · We recommend that an additional chapter be added into the plan titled - Natural Resources and that the relevant discussion of water resources be moved into this chapter. · . We recommend that the title of the existing Water Resources chapter (page 86) be renamed Community Facilities and Services with the goals and policies inserted from page 49 in the same manner as land use, parks and transportation goals were placed in their chapters. Water Supply - Wellhead Protection · The plan states the city has recently adopted a Wellhead Protection Plan that "identifies 10 and 50 year Wellhead Protection Areas (WHP A) for each ofthe city's two wells." Part 1 ofthe city's wellhead protection plan, which was prepared in cooperation with the Minnesota Department of Health, delineated only the 10 year time of travel for groundwater to be drawn into each well. We recommend that reference to a 50 year Wellhead Protection Area be removed. Park and Trails · The Centerville plan is consistent with the County's Parks and Recreation Comprehensive Plans. · On page 19, first paragraph, the Met Council requires that park reserves, not regional parks, have 80 percent of land preserved in a natural state. · On the same page, last paragraph, regarding the Bald Eagle Regional Trail, the last word should be street instead of avenue. · On page 77, the Rice Creek Chain of Lakes has over 5,000 acres, not 2,500. Transportation · The trails section needs a description of bicycle and pedestrian accessibility to transit corridors and transit facilities in order for the city to receive federal transportation funds through the regional solicitation process. [Met Council requirement] Not having a statement could also hurt the county if it tries to apply for funds from the regional solicitation process as well. · The map legend for the functional classification should probably not have "county" or "city" in front of the functional classification. Roadways are principal arterials, "A" minor arterials, "B" minor arterials, or collectors. Jurisdiction is a factor in determining the functional classification, but is not necessarily a determining factor. For instance, some principal arterials are under state jurisdiction, and some are under county jurisdiction. · The county will have updated future traffic volumes by mid- to late-July. When the updated numbers are available, the county will distribute the revised volumes to the cities. We apologize for the delay, there were some technical issues and demographic issues that needed to be resolved before the forecasting could be completed. · The city may want to explain that the forecast volumes came from the Anoka County model. The Met Council wants to know if volumes were forecasted or if they were projected. [Met Council requirement] The text indicates both methodologies. · The Met Council requires access management guidelines to be incorporated into subdivision and zoning ordinances. A note that these have been incorporated would be helpful. · The city needs to note how it intends to preserve right of way for its local roadways, trails and transit. There are several new connections noted on Figure 13 and Figure 5 that the Met Council may care about in terms of right of way preservation. [Met Council requirement] One of the options to be discussed must include official mapping. [Met Council requirement] · The transit section needs to include a description of the city's transit market area. [Met Council requirement] · The transit section should include a figure of existing transit routes. [Met Council requirement] Thank: you again for allowing us the opportunity to comment on the CityofCenterville's Comprehensive Plan. If you have any questions about our comments, please feel free to contact me at 763-862-4219. s~~ Jack Corkle, PTP, AICP Senior Multimodal Transportation Planner cc: Jon Olson, Public Services Division Manager Doug Fischer, County Engineer John VonDeLinde, Director of Parks and Recreation Bart Biernat, Environmental Health Specialist David Minke, Deputy County Administrator Karen Skepper, Community Development Manager Tim Kirchoff, Supervisor of Transit Operations and Planning Kate Garwood, Transportation Planning Manager Local Government Officials Meeting Wednesday, July 30, 2008 Running Aces Harness Track Columbus, MN ~. 1. ~\I\~ }/) A2enda 5:00-6:00 p.m. Social Hour 6:00-6:45 p.m. Dinner 7 :00 p.m. Meeting Hosted by: Mayor Tom Gamec, City of Ramsey Welcome/Introductions - Mayor Tom Gamec, City of Ramsey Running Aces Harness Track Overview- Speaker TBD Metropolitan Council District Dialogue - Peter Bell, Chairman (See attached invitation from Chairman Bell) Other? Future Meeting Dates & Locations: October 29, 2008 (Tentative location: Anoka County/Blaine Airport) Please RSVP by Monday, July 21 to Barb McKusick, at 763-323-5722 or barb.mckusick@co.anoka.mn.us ~ Metropolitan Council An Invitation from Chair Bell Wednesday, July 9, 2008 To: Elected Officials Anoka County Subject: Metropolitan Council District Dialogue Anoka County Meeting Details: July 30, 2008 (following dinner) 7:15 p.m. -7:45 p.m. Council Remarks 7:45 p.m. - 8:15 p.m. Q &A Running Aces Harness Park 15201 Zurich Street NE, Columbus, Minnesota Dear Anoka County Official, Central Corridor, Transit Fares, Household Population Estimates . . . Metropolitan Council discussions on these issues and others occur in public venues and Council meetings, at formal hearings and one-on-one. Whatever the issue, Metropolitan Council Members rely on our peers - our partners - in state, county, and city governments to maintain the metro area's renowned quality of life. Council Members Natalie Steffen, Kris Sanda, Georgie Hilker and I invite you to join us at a District Dialogue held in concert with the Anoka County Local Officials Group on July 30. We are planning a series of these meetings with local officials throughout the region, and hope they will provide an opportunity to meet one another, speak frankly, and strengthen relationships. We plan to discuss regional priorities and highlight regional successes, and have reserved time to respond to questions and observations. We will also make key Council staff available. I look forward to a truly interesting discussion. Sincerely, Peter Bell Chairman 390 Robert Street N, S1. Paul, Minnesota 55101 TEL: 651-602-1000 ITTY: 651-602-0904 www.metrocouncil.org/data.centerlaJ.metc.state.mn.us PICNIC BBQ STYLE BUFFET MENU Grilled Chicken Breast and/or Grilled Ribs; Potato Salad, Baked Beans, Steak Fries, Watermelon Boat and Kettle Chips, Apple Crisp or Strawberry Cheesecake. Buffet includes coffee and soda. $26.76/per person Please make checks payable to: Anoka County Running Aces Page 1 of2 -/"1o"~"'.^- \:;"::__\ - ,i~~4~.WII.~i>..." .... OPEN DAILY ~w'~\\' ... '~4~ tt:OOAMTOll:OOPM r }1I>i iUNC~:V~C~INNER CARDROOM I ..RACING I AREAHOTELS I DINING/LOUNGES 1 ENlERTAINMENT 1 ABOUTUS I.. RESORTS AND CASINOS I NEWS I INVESTOR RELATIONS I EMPLOYMENT ICALEND. DIRECTIONS Directions from Minneapolis: Interstate 35W North toward Forest lake - 1/4 miles after 35W merges with 35E, exit on Highway 97/lake Drive - Turn left at top of exit ramp and proceed West on lake Drive 1 mile to Zurich Street - Turn left on Zurich Street - After 1/4 mile on Zurich Street, follow signs into Running Aces Harness Park Directions from St. Paul: Interstate 35E North toward Forest lake - 1/4 miles after 35E merges with 35W, exit on Highway 97/lake Drive - Turn left at top of exit ramp and proceed West on lake Drive 1 mile to Zurich Street - Turn left on Zurich Street - After 1/4 mile on Zurich Street, follow signs into Running Aces Harness Park N A """Mo, CLICK TO DOWNLO Directions from Duluth: South on Interstate 35 - Just South of Forest lake (and just be into 35W and 35E, exit on Highway 97/Lake Drive - Turn right at top of exit ramp and pro Drive 3/4 mile to Zurich Street - Turn left on Zurich Street - After 1/4 mile on Zurich Strel into Running Aces Harness Park Directions from Hudson, Wisconsin: Interstate 94 West to Interstate 35E - Interstate: Forest lake - 1/4 miles after 35E merges with 35W, exit on Highway 97/lake Drive - Turn ramp and proceed West on lake Drive 1 mile to Zurich Street - Turn left on Zurich Street Zurich Street, follow signs into Running Aces Harness Park YOU CAN DO IT AIL AT RUNNING ACESl http://www.runningacesharness.com/directions. php 04/21/2008 .=-=- ...'^ fa~ a..~ ",0 "'CS\ CUN C..- ... ... fa";;: :ce '" CU u c:c en c .- c c :::s cr:: c o '" -a ::s :c z< ~ - ~ QI 1i. a. 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