HomeMy WebLinkAbout2005-08-24 CC Packet
CITY COUNCIL WORK
SESSION & MEETING
Wednesday, August 24, 2005
5:30 P.M & 6:30 P.M.
COUNCIL WORK SESSION Set A2enda = Red
(Will Continue following Council Meeting if needed)
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L CALL TO ORDER
1. Roll Call
n. DISCUSSION ITEMS
1. Draft City Code (Ordinances) (page 1- 38)
2. Backage Road Project
3. Personnel Policy
Ill. ADJOURN
COUNCIL MEETING
L CALL TO ORDER
1. Roll Call
n. APPROVAL OF AGENDA
Ill. APPROVAL OF COUNCIL MINUTES
1. August 10,2005 City Council Meeting Minutes (page 1-8)
2. August 10,2005 City Council Work Session Meeting Minutes (page 9)
IV. CONSENT AGENDA
1. City of Centerville August 11, 2005 through August 24, 2005 Claims (page
10 )
2. Centennial Fire District Claims through August 2, 2005 (Page 11)
3. Centennial Lakes Police Department Claims through August 11, 2005 (page
12-13)
4. Res. #05-040 - City Opposition to S.1504 (page 14-17)
5. Acclaim Benefits - Amendment to Current Agreement (Health Care) (page
18-22)
V. AWARDSIPRESENTATIONS/APPEARANCES
VL PUBUC BEARINGS
1. Res. #05-039 - Creation of Tax Increment Financing District 1-6 (page 23-
50)
vu. NEW BUSINESS
1. Anoka County Community Development Block Grant Program Agreement
(page 51-72)
2. Grading Permit - Hunters Crossing 3rd Addition (Page 73)
3. Consideration of Imposing Ord. #24 Requirements on Potentially
Dangerous Dog as Determined by Chief Makela (Page 74)
vm. OLD BUSINESS
1. Recommendation for Council Chambers Rental Deposit (Page 75 - 80)
IX. ANNOUNCEMENTSIUPDA TES
1. City Administrator, Mr. Dallas Larson
2. 1601 LaMotte Drive - (Update)
3. Downtown Redevelopment Planning (Update)
4. CSAH14/Main Street Project (Update)
5. Correspondence
x. ADJOURNMENT
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UI)I)AT~
CITY OF CENTERVILLE
08/24/053:16 PM
Page 1
*Check Summary Register@
Name
10100 MAIN STREET BANK
Paid Chk# 020537 AVLlC
Paid Chk# 020538 BONESTROO. ROSENE.
Paid Chk# 020539 CDW GOVERNMENT INC.
Paid Chk# 020540 CINGULAR WIRELESS
Paid Chk# 020541 FORTIS BENEFITS
Paid Chk# 020542 GAMETIME
Paid Chk# 020543 GOVERNMENT FINANCE
Paid Chk# 020544 INSIGHT PUBLIC SECTOR
Paid Chk# 020545 INSTRUMENTAL RESEARCH
Paid Chk# 020546 MEYER. JOHN
Paid Chk# 020547 NATIONAL WATERWORKS
Paid Chk# 020548 NATIONWIDE RETIREMENT
Paid Chk# 020549 NCPERS LIFE INSURANCE
Paid Chk# 020550 NORTHERN TOOL & EQUIP.
Paid Chk# 020551 PUBLIC EMPLOYEES INS
Paid Chk# 020552 QWEST
Paid Chk# 020553 SUPERIOR NETWORKS, INC.
Paid Chk# 020554 SWEENEY. KRIS
Paid Chk# 020555 TIME SAVER
Paid Chk# 020556 WHITE BEAR LOCKSMITH
Paid Chk# 020557 XCEL ENERGY
Paid Chk# 020558 CENTERPOINT ENERGY
Paid Chk# 020559 QWEST
Check Date
AUGUST 2005
Check Amt
8/23/2005
8/23/2005
8/23/2005
8/23/2005
8/23/2005
8/23/2005
8/23/2005
8/23/2005
8/23/2005
8/23/2005
8/23/2005
8/23/2005
8/23/2005
8/23/2005
8/23/2005
8/23/2005
8/23/2005
8/23/2005
8/23/2005
8/23/2005
8/23/2005
8/23/2005
8/23/2005
Total Checks
$535.00 DEF COMP W/H 8-24-05
$29.613.76 GENERAL - SERV THRU JULY 30, 2
$293.68 BRETFORD NB DATA PROJECTOR CAR
$131.20 CELL PHONE - SERV THRU 8-9-05
$121.50 SHORT TERM DISABILITY INS.
$522.30 BRAKELESS SPACE SHUTTLE & PIN-
$175.00 MEMBERSHIP DUE - J MEYER
$40.42 EQUIP. SHELF
$45.00 WATER TESTING
$187.68 REIMBURSE FOR COPIES MADE AT 0
$373.35 PARTS FOR 1"WATER METER
$812.88 DEF COMP W/H 8-24-05
$32.00 J. MEYER & T. BENDER LIFE INS.
$30.83 SHOVELS
$1.923.65 PAYROLL W/H 8-24-05
$59.88 651-762-9261 SERV THRU 9-12-05
$90.00 TROUBLE SHOOT AN EXTENSION - P
$8.10 REIMBURSE MILEAGE
$362.75 P & Z MEETING 8-2-05
$77.69 KEYS FOR CITY HALL
$1.794.63 1600 LAMOTTE DR - BALL FIELD L
$9.43 1694 SOREL ST - SERV THRU 8-17
$156.17 429-4834 PHONE SERV THRU 9-15-
$37,396.90
April 23, 2003
Page 1 of 1
Teresa Bender
From: Bob Makela [bmakela@centenniallakespd.com)
Sent: Tuesday, August 23,20059:32 AM
To: Teresa Bender
Cc: Dallas Larson
Subject: Roberta Wirth.doc
August 23, 2005
Roberta Wirth
7065 Eagle Trial
Centerville, MN 55038
Dear Ms. Wirth,
On August 10, 2005, your dog "Lady" identified as a Jack Russell Terrier mix was involved in a bite
incident. (Centennial Lakes Police Department ICR # 05-191997). You are hereby notified pursuant to
Centerville Ordinance 24, that your dog is designated a POTENTIALLY DANGEROUS ANIMAL.
-
Pursuant to City Ordinance 24, section 18, an owner of a potentially dangerous animal shall comply
with the potentially dangerous animal requirements. Please read this section and comply with all of
these requirements. A copy of the entire ordinance is enclosed for your convenience.
Furthermore, pursuant to Centerville ordinance 24.17 you must notify the City of Centerville if your dog
is relocated from its current address or given or sold to another person. The notification must include
the current owner's name, address, relocation address and name of new owner.
If you elect to appeal my determination of POTENTIALLY DANGEROUS ANIMAL, please contact
the Centerville City Clerk at 651-429-3232. If you have any questions regarding this letter, please
telephone me at 763-784-2501.
Sincerely,
Robert A. Makela
Chief of Police
10/26/2005
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TO: Honorable Mayor and Council Members
FROM: Teresa Bender, City Clerk
SUBJECT: Council Chambers Deposit
DATE: August 24, 2005
Subsequent to Council discussing rental fees and requesting staff to determine an
appropriate deposit amount, please review the following:
It cost the City $277.40 last time the carpeting was cleaned for City Hall. Chambers
consumes approximately half of the square footage of City Hall. Half of the cost would
be $140. It is felt that if crafts, food and/or beverage(s) are in Chambers, the $140 would
be a fair amount for a damage deposit. The deposit/check would be held (not cashed) and
returned at such time as the renter ceases to utilize the room and the appearance of the
room has been restored to that as it was prior to their usage. If carpet, wall cleaning is
needed, they will not receive their deposit back and it will be used to offset
damages/cleaning services.
Currently the City is charging a $20.00 key deposit and it is felt that this could continue if
designated as a damage deposit/security card deposit and if no crafts, food or beverage
are in Chambers during the rental period. This deposit/check would also be held in the
same fashion as mentioned above.
16
CITY OF CENTERVILLE
CITY HALL COUNCIL CHAMBER
RENTAL POLICY - 2005
City - owned buildings are in fact owned by the citizens of the community in trust to the City
Council and City Staff. Therefore, citizens should be permitted and encouraged to use these
facilities to assure that rooms are available in an orderly fashion and neat condition. The
following policies and regulations are hereby promulgated:
General Conditions
GroUDS
Users of the facilities are classified into the following three categories:
1. City Council and other official boards and commissions of the City ofCenterville, Anoka
County groups and the Anoka County Library System.
2. Quasi-public groups which exist primarily to serve a broad community interest.
Examples of such groups include, but are not limited to:
· Political Parties
· Chamber of Commerce
· Hockey Association
· Rice Creek Trails
· Boy Scouts & Girl Scouts or affiliates.
3. Private, profit making organizations and those non-profit making organizations whose
activities nevertheless generate monies for the financial enrichment of members.
In those cases where it is not clear under which category a group falls, the City Administrator
shall make the determination.
-'4'/
16
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Facilities Available
.
Procedures
.
.
.
..... .
City Council Chambers
A. Scheduling
Scheduling (reservation) of the rooms will be done by the Administrative
Secretary using the forms provided. A preliminary reservation can be taken over
the phone, Qut the reservation is to be confirmed only when the signed agreement
form is received.
Reservations will be accepted up to sixty days in advance. Users are required to
sign an agreement and waiver form for the room at least one day prior to the
scheduled meeting, including payment of fee.
B. Keys
An exterior door key may be signed out to the groups representative. Such keys
shall be deposited in the utility drop box after the meeting unless prior
arrangements have been made for its return.
C. Maintenance
It is expected that the City will provide normal routine clean-up and other
maintenance services. However, there may be times when one group will be
meeting immediately after another when maintenance employees are not
available. Therefore, each group will be responsible for seeing that the facility is
in approximately the same condition when leaving as when entering.
Any damage to the facility or equipment should be reported to the Police
Department or scheduling secretary at the first opportunity.
D. Restrictions
Alcoholic beverages are not permitted.
No smoking is allowed in any of the meeting rooms.
No cooking is permitted. Food and beverages are limited to coffee,
similar drinks and light refreshments.
11
. Activities inappropriate to the location or capacity of a facility will not be
permitted. The City Administrator retains discretion to make such decisions.
E. Priorities
Generally, reservations are made on a first-come/first serve basis. However, it is recognized that
all groups do not schedule their meetings as far in advance as other, and unforeseen events will
often require special meetings.
Therefore, Group 1 organizations will have a priority over all others, and Group 2 priority over
Group 3. Within classification groups, an organization with regularly established meeting times
will have priority over those who do not meet on a regular schedule.
F. Room Fees
Group 1 Organizations
No fees
Group 2 Organizations
A voluntary donation
of $15 per meeting is
requested
Group 3 Organizations
$30 per hour with a
two hour minimum
Fees will be refunded only if booking is cancelled twenty four hours in advance of scheduled ..
use.
1/
Application! Agreement
for use of
Centerville City Hall Council Chambers
Purpose for which facility will be used
Hours of use from:
to:
Date:
Organization
Mailing Address
City
Zip Code
Phone
Contact Person
Contact Person Home Phone:
Business Phone:
.
The above applicant, its agents, employees and members:
..
; '.
1.
Agree to indemnify, defend and hold the City harmless from and against any
damage, liability or claim of any person or entity for injury to person or property or
death arising in any way out of the use of the facUity by the applicant, his or its
officers, directors, guests, members, 'employees, agents or assignees.
2.
Agree the City shall not be liable for damage to the property of any person or entity
participating in the activities applied for herein, nor shall it be liable for the death
or injury of any such person or entity occurring as a result of the use of the facilities
as applied for herein.
3.
Agree to pay for all damages to City property or equipment over and above normal
wear and tear.
4.
Assumes full responsibUity for the conduct of the group during the time this facility
is being used.
19
5. Understands that the City of Centerville reserves the right to exercise the
supervisory authority and to prevent unauthorized or illegal activities on City
property.
6. Agrees not serve alcoholic beverages on City property.
7. Agrees to leave the premises in substantially the same condition as they were upon
arrival.
8. Understands the City Centerville reserves the right to cancel this agreement in the
event of emergency or of conflicting use.
I (we) have reviewed the fees, ordinances, roles, regulations, and policies, in particular the
"City Hall Meeting Room Use Policy", which pertain to and govern the use for which this
application is made.
Applicant:
By:
Its:
Date:
FOR OFFICE USE ONLY
Date Received:
Reservation Fee: Received
Not Applicable
Key Fee:
Received
Application approved: City of Centerville by:
City Title/Position:
II
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CITY COUNCIL WORK SESSION
& MEETING
Wednesday, August 24, 2005
5:30 P.M & 6:30 P.M.
COUNCIL WORK SESSION
(Will Continue following Council Meeting if needed)
L CALL TO ORDER
1. Roll Call
n. DISCUSSION ITEMS
1. Draft City Code (Ordinances) (Page 1- 38)
2. Backage Road Project
3. Personnel Policy
Ill. ADJOURN
COUNCIL MEETING
L CALL TO ORDER
1. Roll Call
n. APPROVAL OF AGENDA
Ill. APPROVAL OF COUNCIL MINUTES
1. August 10,2005 City Council Meeting Minutes (page 1-8)
2. August 10,2005 City Council Work Session Meeting Minutes (page 9)
IV. CONSENT AGENDA
1. City of Centerville August 11, 2005 through August 24, 2005 Claims (Page
10 ) I"
2. Centennial Fire District Claims through Augus~ 2005 (page 11)
3. Centennial Lakes Police Department Oaims through August 11, 2005 (page
12-13)
4. Res. #05-040 - City Opposition to S.1504 (page 14-17)
5. Acclaim Benefits - Amendment to Current Agreement (Health Care) (page
18-22)
V. AWARDS~RESENTATION~APPEARANCES
VL PUBLIC HEARINGS
1. Res. #05-039 - Creation of Tax Increment Financing District 1-6 (Page 23-
50)
vn. NEW BUSINESS
1. Anoka County Community Development Block Grant Program Agreement
(page 51-72)
2. Grading Permit - Hunters Crossing 3M Addition (page 73)
vm. OLD BUSINESS
1. Recommendation for Council Chambers Rental Deposit
IX. ANNOUNCEMENTSIUPDA TES
1. City Administrator, Mr. Dallas Larson
2. 1601 LaMotte Drive - (Update)
3. Downtown Redevelopment Planning (Update)
4. CSAH14/Main Street Project (Update)
5. Correspondence
x. ADJOURNMENT
CHAPTER 50: GARBAGE AND RUBBISH
Section
50.01 Definitions
50.02 Care of garbage
50.03 Fees; collection and default
50.99 Penalty
Cross-reference:
Nuisances, see Chapter 91
~ 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 5 acres or greater in area used for agricultural
purposes.
GARBA GE. Organic waste, including discarded material resulting from th 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. Except for collection day, such receptacles shall be stored
on private property and reasonably screened from view of the street.
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. Such 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 he
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)
Penalty, see 9 50.99
l-
CHAPTER 51
MUNICIPAL AND PUBLIC UTILITIES,
RULES AND REGULATIONS,
RATES, CHARGES AND COLLECTIONS
51.01. DEFINITIONS. The following terms, as used in this Chapter, shall have the meanings
stated:
A) "Utility" - All utility services, whether the same be public City-owned facilities or
furnished by public utility companies.
B) "Municipal Utility" - Any City-owned utility system, including, but not by way of
limitation, water, sewerage, stormwater drainage, and refuse service.
C) "Company", "Grantee" and "Franchisee" - Any public utility system to which a
franchise has been granted by the City.
D) "Consumer" and "Customer" - Any user of a utility.
E) "Service" - Providing a particular utility to a customer or consumer.
F) "Plumber" - A plumber licensed by the State of Minnesota
6. "Meter" - A device that records gallons of water used and including remote reading
devices associated thereto..
Source: City Code
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. Such 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. 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 such rates and charges shall become provisions of
this Chapter. Public utility company rates and charges may be fixed and determined by the respective
franchisees in compliance with this Section, as follows:
A) No rate or charge involving an increase thereof shall become effective until
approved by the Council. To request such 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
3
may not be within ninety days of filing the petition), and the reason or reasons necessitating the proposed
increase or increases. Such petition shall be filed with the Council by serving the same on the Clerk-
Treasurer in person or by certified mail, return receipt requested.
B) Within thirty days of such filing the Council shall adopt a resolution and serve the
same upon the resident superintendent of the franchisee in like manner as the petition may be served
either approving the proposed increases or ordering a hearing thereon to be held within sixty days
thereof. If no such action is taken by the Council, such increase or increases shall take effect on the date
stated in the franchisee's petition as though approved by the Council.
C) 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
such requests, the same shall be grounds for a continuance of the hearing date.
D) Notice of hearing shall be in the form and manner stated in the resolution. At the
hearing all persons wishing to be heard thereon shall be afforded a reasonable opportunity. Findings and
a decision shall be made by the Council within fifteen 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 provi-
sions 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 21 days of the date of
billing. Interest, penalties, and an administrative charge on delinquent accounts shall be established by
Council resolution. 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. Such 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
such utilities taken as metered or ascertained in connection with such 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, or,
4
2. Any charge for a municipal utility service, or any other financial obligation
imposed on the present owner or occupant of the premises served, is unpaid after due notice thereof, or,
3. There is fraud or misrepresentation by the owner or occupant in connection
with any application for service or delivery or charges therefor.
D) Ownership of Municipal Utilities. Ownership of all municipal utilities, plants,
lines, extensions and appurtenances thereto, shall be and remain in the City and no person shall own any
part or portion thereof. Provided, however, that private facilities and appurtenances constructed on
private property are not intended to be included in municipal ownership.
E) Right of Entry. The City has the right to enter in, and upon private property,
including buildings and dwelling houses, in or upon which is installed a municipal utility, or connection
therewith, at all times reasonable under the circumstances, for the purpose of reading utility meters, for
the purpose of inspection and repair of meters or a utility system, or any part thereof, and for the purpose
of connecting and disconnecting service.
F) Multiple Connections. Except for multiple unit buildings, every structure served by
municipal services shall have an individual service between the building and the municipal main line.
G) Licensed Installer and Standards. Every connection made to the municipal water
or sewer system and service lines to the building, shall be made by or under the direct supervision of a
plumber or a service line installer licensed by the City. Service lines shall conform to the requirements
of the Minnesota Plumbing Code.
H) Meter Test. Whenever a consumer shall request the City to test any utility meter in
use by him, such a request shall be accompanied by a cash deposit for each meter to be tested. If any
such meter is found to be inaccurate by an amount exceeding 5% 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 such test.
Ord. 45, 2-25-87
I) Unlawful Acts.
1) It is unlawful for any person to willfully or carelessly break, injure, mar,
deface, disturb, or in any way interfere with any buildings, attachments, machinery, apparatus,
equipment, fixture, or appurtenance of any municipal utility or municipal utility system, or commit any
act tending to obstruct or impair the use of any municipal utility.
2) It is unlawful for any person to make any connection with, opening into, use,
or alter in any way any municipal utility system without first having applied for and received written
permission to do so from the City.
3) It is unlawful for any person to turn on or connect a utility when the same has
been turned off or disconnected by the City for non-payment of a bill, or for any other reason, without
first having obtained a permit to do so from the City.
.6
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 such owner unless otherwise
contracted for and authorized in writing by the fee owner and any other person (such as a tenant, contract
purchaser, manager, etc.), as agent for the fee owner, and consented to by the City of Cannon Falls,
Minnesota. If the utility service and charges are for a single metered multi-unit rental residential
building, the owner of said 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 Subdivision 1 herein.
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 such
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 hislher possession or with which
he/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 and for replacement water
meters % inch in size and smaller. 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.
2) Maintenance and Repair. The City shall maintain and repair all meters of
% inch size and smaller, when rendered unserviceable through ordinary wear and tear. However, when
replacement, repair or adjustment of any meter is rendered necessary by the act, neglect or carelessness
of the owner or occupant of any premises, any expense caused the City thereby shall be charged against
and collected from the owner or occupant of the premises. Water service may be discontinued until the
cause is corrected and the charge collected.
it;
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.
51.06. CONNECTION OR TAPPING PROHIBITED - DELINQUENT ASSESSMENTS
OR CHARGES. No permit shall be granted to tap or connect with sewer or water mains when any
assessment or connection charge for such sewer or water main against the property to be connected is in
default or delinquent. If such assessment or connection charges are payable in installments, no permit
shall be granted unless all installments then due and payable have been paid.
51.07. CONNECTION CHARGES.
A) No permit shall be issued to tap or connect with any municipal utility either directly
or indirectly from any lot or tract of land unless the city administrator shall have certified:
1) That the lot or tract of land, or portion of said lot or tract, to be served by
such 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 said construction cost, that proceedings
for levying such assessment have been or will be commenced in due course; or
B) Unless covered by Subparagraph 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 fmance the project were issued minus a
depreciation factor of three (3) percent per year. If no such assessment has been levied, the cost shall be
determined by the Council, and in determining said cost the Council shall take into consideration the
front footage, shape and area of the lot or tract of land with which the connection is made. Upon written
request of the owner of the lot or tract of land, showing good cause, the Council may provide that the
connection charge be specially assessed as a lien against the lot or tract of land payable in semi-annual
installments for a term of years at an interest rate as the City Council shall determine. Unless deferred
payment is so authorized, all connection charges shall be payable in full prior to the issuance of a
building permit for new construction on the lot or tract of land.
C) SEWER AVAILABILITY CHARGE (SAC). .
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)
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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 such private systems are
requested. To determine whether or not such 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) Property served by a private water system shall promptly connect to public sewer
and water if the private sewer system does not function or creates a nuisance or health hazard.
C) Within twelve (12) months after the public sanitary sewer system or water system is
extended to serve property after January 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 December 31,2012.
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51.10. RULES AND REGULATIONS RELATING TO WATER SERVICE.
A) Deficiency of Water and Shutting Off Water. 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 fire fighting. 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 the main into the house or other building. In case of failure upon the part of any
consumer or owner to repair any leak occurring in his/her service pipe within twenty-four 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 such pipe from the main. Also, such improper
disposition thereof shall be corrected by the City and the cost incurred shall be borne by the person
causing or allowing such 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 seventy 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
9
purposes as the City may allow. If the well is not to be used, it shall be sealed in accordance with the
Minnesota Department of Health regulations.
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 2 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 10:00a.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. Such 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 unmetered 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.
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L) Connection Fees. Service shall be furnished only after proper application has been
made and connection fees paid in full.
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51.20. RULES AND REGULATIONS RELATING TO SEWERAGE SERVICE.
A) Purpose and Regulations. 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. This Section shall apply to all users.
B) Definitions. Unless the context specifically indicates otherwise, the following
terms, as used in this Section, shall have the meanings stated:
I. "ACT" - The Federal Water Pollution Control Act also referred to as the
Clean Water Act, as amended, 33. U.S.C. 1251, et seq.
2. "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.
3. "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.
4. "EPA" - Environmental Protection Agency.
5. "MPCA" - Minnesota Pollution Control Agency.
6. "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.
7. "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.
8. "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.
/L
9. "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 such 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.
10. "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.
11. "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.
12. "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.
13. AState Disposal System (SDS) Permit@ - Any permit (including
any terms, conditions and requirements thereof) issued by the MPCA pursuant to Minnesota
Statutes ll5.07 for a disposal system as defined by Minnesota Statutes 115.01, Subdivision 8.
14. "Public Works Director" - The Public Works Director or a deputy,
agent or representative thereof.
15. "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.
16. "User" - Any person who discharges or causes or permits the
discharge of wastewater into the City's wastewater disposal system.
17. "User Charge" - A charge levied on users of City facilities for the
cost of operation, maintenance and replacement of such facilities.
18. "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. It is unlawful
for any person to discharge or cause to be discharged any unpolluted water such as stormwater,
ground water, roof runoff, surface drainage, or non-contact cooling water to any sanitary sewer.
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Stormwater and all other unpolluted drainage shall be discharged to such sewers as are
specifically designed as storm sewers or to a natural outlet approved by the City and other
regulatory agencies. It is unlawful to connect such sources of unpolluted drainage to any sanitary
sewer. Industrial cooling water or unpolluted process waters may be discharged to a storm sewer
or natural outlet on approval of the City and upon approval and the issuance of a discharge permit
by the MPCA.
3) Prohibited Discharge. It is unlawful for any person to discharge or
cause to be discharged any of the following described waters or wastes to any public sewers:
a) Any liquids, solids, or gases which by reason of their nature
or quantity are, or may be, sufficient either alone or by interaction with other substances to cause
fire or explosion or be injurious in any other way to the wastewater disposal system or to the
operation of the system. Prohibited materials include, but are not limited to, gasoline, kerosene,
naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, hydrides,
sulfides, chi orates, 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 mwl, garbage with particles greater
than one-half (V2) 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 Section 307(a) of the Act.
e) Any wastewater having a temperature greater than 1500
(65.60C), or causing, individually or in combination with other wastewater, the influent at the
wastewater treatment plant to have a temperature exceeding 1040P (400C), 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.
g) Any wastewater with objectionable color not removed in the
treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions.
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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 Subdivision, 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 Subdivision, 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 Section 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,
e) Require payment to cover the added costs of handling,
treating, and disposing of wastes not covered by existing taxes or sewer service charges.
6) 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 such interceptors shall not be required for
private living quarters or dwelling units. All interceptors shall be of the type to be readily and
easily accessible for cleaning and inspection.
7) 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. Such 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 such 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 such 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
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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 avail-
able in all downstream facilities including, but not limited to, capacity for flow, BODs, and
Suspended Solids, as determined by the City. Connections to the sanitary sewer shall be gas-tight
and water-tight to prevent the inclusion of infiltration/inflow.
2) Maintenance and Ownership of Private Sewer Service Pipes and
Facilities. It is the responsibility of the user or owner to maintain the sewer service pipe from the
property line into the house, building or other point of initial collection. All sewer pipes,
monitoring facilities, pretreatment facilities, and other private sewer system works shall be
installed and maintained in good operating condition at the user's sole expense.
3) Industrial Discharge Permits. All significant industrial users, or
other industrial users which may have a significant effect as determined by the City, proposing to
connect or to commence a new discharge to the wastewater disposal system shall obtain a
Wastewater Discharge Permit before connecting to or discharging into the wastewater system.
All existing significant industrial users or industrial users subject to Federal pretreatment
standards under Section 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. Such permits may limit such 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 such 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 of User's Facilities.
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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 EP A 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 EP A 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 Items I and 2 above, City employees shall observe all safety rules applicable to the
premises established by the company.
E) Civil Action. If any person discharges sewage, industrial wastes or other
wastes into the City's wastewater disposal system contrary to the provisions of this Section,
Federal or State pretreatment requirements or any order of the City, the City may commence an
action for appropriate civil relief.
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51.30 RULES AND REGULATIONS RELATING TO STORMW ATER DRAINAGE
UTILITY.
(A) STATUTORY AUTHORITY.
M.S. ~ 444.075 ("the Act"), authorizes cities to impose just and reasonable charges for the use
and availability of storm sewer facilities ("charges"). By this chapter, the city elects to exercise
such authority.
(B) FINDINGS AND PURPOSE.
In providing for such charges, the following findings and determinations are made:
(I) In the exercise of its governmental authority and in order to promote the public health,
safety, convenience and general welfare, the city has constructed, operated and maintained a
storm sewer system (the "system"). This chapter is adopted in the further exercise of such
authority .
(2) The system, as constructed, heretofore has been financed and paid for through the
imposition of special assessments and ad valorem taxes. Such 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 ESTABUSHED
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 (May 1990) and any additional storm sewer facilities that may
be acquired or otherwise included as determined by the City Council.
(Ord. 56, passed 1-22-92)
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(D) USE OF REVENUES
Stormwater drainage system fund. All funds obtained from collection of annual and
development stormwaterdrainage 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) Penalty, see 9 51.99
If
CHAPTER 70: TRAFFIC REGULATIONS
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
71.06 Unreasonable acceleration
Weight Restrictions
71.07 Weight limitations
71.08 Weighing
71.09 Special permits
71.10 Special road restrictions
71.11 Liability for damage
~ 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.
~ 71.02 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.
~ 71.03 U TURNS.
No vehicle shall be turned around by making a "U" turn upon any street or highway in the city
unless such vehicle shall fIrst proceed to an intersecting street. Provided, however, that a "U" turn
is prohibited at any intersection on any street or highway in the city where a police officer is
j/J
stationed, where an illuminated automatic semaphore signal, a red and white painted stop sign or
a ''No U Turn" sign is located at the intersection.
Ord. 16 6-6-1969
~ 71.04 REPAIRS.
No person shall repair any vehicle in the street except in an emergency in which the repair can
be completed within 30 minutes.
~ 71.05 CONTROLLING LOUD RADIOS IN MOTOR VEmCLES.
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.
~ 71.06 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, 4-22-97
~ 71.07 WEIGHT LIMITATIONS.
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;
(B) Where the gross weight on any single axle exceeds 14,000 pounds.
~ 71.08 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 such vehicle be driven to the nearest scales in the event
such scales are within five miles.
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(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 ~ 71.28, 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 such
vehicle to a permissible limit. All materials so unloaded shall be cared for by the owner or driver
of such vehicle at the risk of the 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.
~ 71.09 SPECIAL PERMITS.
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 such permit is requested. The City Administrator or designee is authorized to issue
or withhold such 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 such 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 of the special permit.
Ord. 468-24-1988
~ 71.10 SPECIAL ROAD RESTRICTIONS.
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.
The Council may by 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 of these regulations. Failure to obey those posted regulations is a violation of this
chapter.
~ 71.11 LIABILITY FOR DAMAGE.
Any person driving a vehicle in violation of the provisions ofthis chapter 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.
JL
CHAPTER 91
NUISANCES
Section
91.01 Purpose
91.02 Defmitions
91.03 Public Nuisances Prohibited
91.04 Public Nuisances Affecting Health
91.05 Public Nuisances Affecting Morals and Decency
91.06 Public Nuisances Affecting Peace and Safety
91.07 Enforcement
91.08 Abatement
91.09 Violation
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
renders the in habitants of the city insecure in life or use of property. The City Council finds it
shall be the duty of the Office of the City Administrator or its designees to enforce the provisions
of this chapter and to bring about enforcement of violations or lack of compliance with this
chapter.
91.02 DEFINITIONS.
For purposes of this chapter, the following definitions shall apply unless the context clearly
indicates or requires a different meaning.
A) 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.
23
B) 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.
C) 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.
D) PUBLIC NUISANCE. A thing, act, occupation or use of property which shall:
1) Annoy, injure or endanger the safety, health, comfort or repose of the
public;
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.
91.04 PUBLIC NUISANCES AFFECTING HEALm.
The following are hereby declared to be nuisances affecting health:
A) Exposed accumulation of decayed or unwholesome food or vegetable matter.
B) All diseased animals running at large.
C). Carcasses of animals not buried or destroyed within 24 hours after death.
D) Accumulations of manure, rubbish, refuse or debris.
E) Privy vaults, garbage (except in authorized containers), garbage cans which are not
rodent free and tly- tight or which are so maintained to constitute a health hazard or to emit foul
and disagreeable odors.
J/I
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, Corncockle, CressleafGroundsel, 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 12 inches.
5) Rank vegetation includes the uncontrolled, uncultivated growth of annuals
and perennial plants.
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.
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.
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;
(E) Any vehicle used for the unlawful transportation of intoxicating liquor, or for
promiscuous sexual intercourse, or any other immoral or illegal purpose.
91.06 PUBLIC NUISANCES AFFECTING PEACE AND SAFETY.
The following are declared to be nuisances affecting public peace and safety:
(A) All snow and ice not removed from public sidewalks 24 hours after the snow or
other precipitation causing the condition has ceased to fall;
(B) All trees, hedges, billboards or other obstructions which prevent people from
having a clear view of all traffic approaching an intersection;
(C) All wires and limbs of trees which are so close to the surface of a sidewalk or street
as to constitute a danger to pedestrians or vehicles;
(D) All obnoxious noises in violation of Minn. Rules Chapter 7030, as they may be
amended from time to time which are hereby incorporated by reference into this code.
(E) The discharging of the exhaust or permitting the discharging of the exhaust of any
stationary internal combustion engine, motor boat, motor vehicle, motorcycle, all terrain vehicle,
snowmobile or any recreational device except through a muffler or other device that effectively
prevents loud or explosive noises 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.
26
(II) 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 vermin, or the rank growth of vegetation among the items so accumulated, or in a
manner creating fIre, health or safety hazards from accumulation;
I
(Q) Any well, hole or similar excavation which is left uncovered or in another
condition as to constitute a hazard to any child or other person coming on the premises where it is
located;
(R) Obstruction to the free flow of water in a natural waterway or a public street drain,
gutter or ditch with trash of other materials;
(S) The placing or throwing on any street, sidewalk or other public property of any
glass, tacks, nails, bottles or other substance which may injure any person or animal or damage
any pneumatic tire when passing over the substance;
(T) The depositing of garbage or refuse on a public right-of-way or on adjacent private
property;
(U) All other conditions or things which are likely to cause injury to the person or
property of anyone.
(V). Diseased or dangerous conditions of trees as follows:
21
I) 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.
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.
91.07 ENFORCEMENT.
A) The Enforcement Official shall enforce the provisions relating to nuisances. 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. 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. 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. 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. The notice shall describe the matter to be
removed and require the removal thereof within 10 days, including Saturdays, Sundays and
holidays.
.~t
B) Failure to remove. If, at the end ofthe 10 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 10 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
pursuantto 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 VIOLATION.
Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor
~Cj
CHAPTER 118
RENTAL HOUSING CODE
Section
118.01 Purpose and intent
118.02 Defmitions
118.03 Licensing of rental units
118.04 Minimum standards
118.05 Inspections
118.06 Administration and enforcement
118.01 PURPOSE AND INTENT.
A) Purpose. The purpose of this chapter is to protect the public health, safety and the general
welfare of the rental population of the city. These general objectives include, among others, the
following:
1) To maintain a quality character and stability of rental dwelling units within the city;
2) To correct and prevent rental housing conditions that adversely affect or are likely to
adversely affect the life, safety, general welfare and health of persons occupying rental dwellings
within the city;
3) To provide minimum standards for cooking, heating and sanitary equipment necessary
to the health and safety of occupants of rental buildings;
4) To provide minimum standards of light and ventilation necessary to health and safety;
5) To provide minimum standards for the maintenance of rental buildings and to thus
prevent slums and blight;
6) To preserve the value ofland and buildings throughout the city.
B) Intent. It is not the intention of the City Council to intrude upon the fair and accepted
contractual relationship between tenant and landlord. The City Council does not intend to
intervene as an advocate of either party, nor to act as an arbiter, nor to be receptive to complaints
from tenant or landlord which are not specifically and clearly relevant to the provisions of this
chapter.
J()
C) Application of requirements. Every rental dwelling unit and its premises used in whole or in
part as a home or residence, or as an accessory structure thereof, for a single-family or person
shall conform to the requirements of this chapter, irrespective of when the building may have
been constructed, altered or repaired. This chapter establishes minimum standards for erected
rental dwelling units, accessory structures and related premises.
118.02 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly
indicates or requires a different meaning. Whenever the words "dwelling," "dwelling
unit," "premises," or "structure" are used in this chapter, they shall be construed as though they
were followed by the words "or any part thereof."
ACCESSORY STRUCTURE. A subordinate building or use, whether attached or detached, that
is located upon the same lot on which the main building or use is situated and which is reasonably
necessary and incidental to the conduct of the primary use of the building or main use.
APPROVED. When used in reference to the design and capabilities of physical systems ofa
dwelling shall mean having passed the inspection of the Compliance Official. The basis for
passage of the inspection shall be an analysis of the effective state codes and an analysis of the
degree to which the systems meet the standards established by the codes. It shall be the objective
of the Compliance Official, unless otherwise specified, to establish minimum qualifications for
approval of the system, which qualifications can maintain substantial compliance with the
effective state codes and can be achieved in a reasonably economical and practical manner.
BUILDING. Any structure used or intended for supporting or sheltering any use or occupancy.
COMPLIANCE OFFICIAL. The Building Official and his or her designated agents authorized
to administer and enforce this chapter.
DWELLING. A building or portion thereof, designated exclusively for residential occupancy,
including one-family, two-family and multiple-family dwellings, but not including hotels, motels
and boarding houses.
DWELLING UNIT. A residential building or portion thereof intended for occupancy by one
family, but not including hotels, motels, nursing homes, boarding or rooming houses or
recreational vehicles.
FAMILY. See HOUSEHOLD.
FLUSH WATER CLOSET. A toilet, with a bowl and trap made in one piece, which is connected
to the city water and sewer system or other approved water supply and sewer supply.
HABITABLE BUILDING. Any building or part thereofthat meets minimum standards for use
as a home or place of abode by one or more persons.
HEATED WATER. Water heated to a temperature of not less than 120oF, or the lesser
temperature required by government authority, measured at faucet outlet.
3/
HOUSEHOLD. The following are included in the term HOUSEHOLD as the term is used in this
chapter:
1) An individual; or
2) A group of not more than three individuals, none of whom are related by blood,
marriage, adoption or foster care, but all of whom are maintaining a common residence and using
common cooking and kitchen facilities; or
3) Up to two adult individuals, whether related or unrelated, residing in the same
dwelling unit and maintaining a common residence and common cooking and kitchen facilities
and the dependent child(ren) of each, if any; or
OCCUPANT. Any person (including owner or operator) sleeping, cooking and eating in a
dwelling unit.
OWNER. Any person, firm or corporation who, alone, jointly or severally with others, shall be in
actual possession of, or have charge, care or control of, any dwelling or dwelling units within the
city as title holder, employee or agent of the title holder or as trustee or guardian of the estate or
person of the title holder. Any person representing the actual title holder shall be bound to comply
with the provisions of this chapter to the same extent as the title holder.
PERSON. An individual, fmn, partnership, association, corporation or joint venture or
organization of any kind.
PREMISES. A platted lot or part thereof or unplatted parcel of land occupied by any dwelling or
nondwelling structure, including any building, accessory structure or other structure thereon.
REFUSE. All putrescible and nonputrescible waste solids, including garbage and rubbish.
RENTAL DWELLING UNIT. A dwelling unit let for rent or lease.
RUBBISH. Nonputrescible solid wastes consisting of both combustible and noncombustible
wastes, such as paper, cardboard, tin cans, grass and shrubbery clippings, wood, glass, brick,
plaster, bedding, crockery and similar materials.
SUBSTANDARD DWELLING. Any dwelling which does not conform to the minimum
standards established by city ordinances.
118.03 LICENSING OF RENTAL UNITS.
A) Issuance and renewal. No person shall operate a rental dwelling without first having
obtained a license to do so from the City Council as hereinafter provided. Each license shall be
issued once every three years and shall expire on December 31 following the issuance thereof.
License renewals for the following years shall be filed on or before November 1 prior to the
license expiration date.
3J:-
B) Conformance to laws. No license shall be issued or renewed unless the rental dwelling and
its premises conform to the ordinances of the city and the laws of the state.
C) License fees. License fees for renewals of licenses shall be due on November I immediately
prior to the license expiration date. In cases of new unlicensed dwellings, license fees shall be due
upon application for a license.
1) The licensee shall not be entitled to a refund of any license fee upon revocation or
suspension of the license.
2) The City Council shall establish license fees by resolution, from time to time.
D) License not transferable. No operating license shall be transferable to another person or to
another rental dwelling. Every person holding an operating license shall give notice, in writing, to
the Compliance Official within 72 hours after having legally transferred or otherwise disposed of
the legal control of any licensed rental dwelling. The notice shall include the name and address of
the person succeeding to the ownership or control of the rental dwelling or dwellings.
E) Owner or agent to apply.
I) Application. License application or renewal shall be made by the owner of the rental
units or its legally constituted agent. Application forms may be acquired from and subsequently
filed with the Compliance Official.
2) Required iriformation. The applicant shall supply:
(a) Name, address and telephone number of dwelling owner, owning partners if a
partnership, corporate officers if a corporation;
(b) Name, address and telephone number of designated resident agent, if any;
(c) Name, address and telephone number of management representative;
(d) Name, address and telephone number of vendee, if the dwelling is being sold
through a contract for deed;
( e) Legal address of the dwelling;
(f) Type of dwelling;
(g) Type and number of dwelling units within the dwelling;
(h) Description of procedure through which tenant inquiries and complaints are to be
processed.
3) Zoning compliance. Upon application for a license the applicant must demonstrate to
the satisfaction of the Compliance Official that the rental dwelling is currently zoned for the
intended use.
33
F) Posting of license. Every licensee of a multiple rental dwelling shall cause to be
conspicuously posted in the main entryway or other conspicuous location therein the current
license for the respective multiple rental dwelling. Licenses for one- and two-family rental
dwellings shall be conspicuously posted near the electrical service box for each unit.
G) Inspection access.
1) No license shall be issued or renewed unless the owner of a rental unit agrees in its
application to permit inspections as provided in this chapter.
2) Whenever necessary to make an inspection to enforce any of the provisions of this
code, or whenever the Building Official or his or her authorized representative has reasonable
cause to believe that there exists in any building or upon any premises any condition or code
violation which makes the building or premises unsafe, dangerous or hazardous, the Building
Official or his or her authorized representative may enter the building or premises at all
reasonable times to inspect the same or to perform any duty imposed upon the Building Official
by this code; provided, that if the building or premises be occupied, he or she shall fIrst present
proper credentials and request entry; and if the building or premises be unoccupied, he or she
shall first make a reasonable effort to locate the owner or other persons having charge or control
of the building or premises and request entry. If the entry is refused, the Building Official or his
or her authorized representative shall have recourse to every remedy provided by law to secure
entry .
118.04 MINIMUM STANDARDS.
A) Adoption of the Uniform Housing Code by reference. Chapters 5, 6, 7, 8,9 and 10 of
the "Uniform Housing Code, 1997 Edition," as may be amended, prepared by the International
Conference of Building Officials, are adopted and incorporated herein and shall be controlling
within the city. At least one copy of the code shall be on file in the office of the Compliance
Official for use and examination by the public.
B) General provisions.
1) Maintenance of shared or public areas. Every owner of a rental dwelling shall
maintain in a clean and sanitary condition the shared or public areas of the dwelling and premises
thereof.
2) Maintenance of occupied areas. Every occupant of a rental dwelling unit shall
maintain in a clean and sanitary condition that part or those parts of the dwelling unit and
premises thereof that it occupies and controls.
3) Onefamily per dwelling unit. Not more than one family, except for temporary guests,
shall occupy a rental dwelling unit.
4) Accessory structure maintenance. Accessory structures supplied by the owner, agent
or tenant occupant on the premises of a rental dwelling shall be structurally sound and be
maintained in good repair and appearance. The exterior of the structures shall be made weather
resistant through the use of decay-resistant materials such as paint or other preservatives.
.31
5) Smoke detectors required. All rental dwelling units shall be provided with approved
smoke detectors and shall be installed in accordance with the State Building Code.
C) Built-in deficiencies exempt. The following are built-in deficiencies and shall be exempt
from compliance with the code; provided, that the built-in deficiencies were in compliance with a
building code at the time of construction or do not pose a hazard.
1) Ceiling height. Any existing habitable room with less than a seven and one-half foot
ceiling height shall be considered a built-in deficiency which is beyond reasonable correction.
2) Superficial floor areas. Any existing habitable room of less than 90 square feet shall
be considered a built-in deficiency and beyond reasonable correction.
3) Natural light and ventilation. Any existing habitable room with window area less than
10% of the floor area shall be considered a built-in deficiency beyond reasonable correction but
in no case shall the required natural light and ventilation be less than 5% of the floor area.
D) Correction of immediate hazards. No occupancy shall be permitted of any dwelling unit if
vacant and an immediate hazard exists. If the dwelling unit is occupied and an immediate hazard
exists, immediate corrective action shall be taken by the occupant, owner, agent of the owner or
other responsible persons. The dwelling unit may be ordered vacated if no immediate corrective
action is taken and the occupant, owner, agent of the owner or other responsible person fail to
comply with any order to correct any immediate hazard. Immediate hazards to health and safety
for human occupancy shall include but not be limited to the following:
1) Heating systems that are unsafe due to: burned out or rusted heat exchangers (fire
box); burned out or plugged flues; no vent; connection with unsafe gas supplies; or lack of
temperature and pressure relief valves;
2) Water heaters that are unsafe due to: burned out or rusted heat exchangers (fire box);
burned out, rusted or plugged flues; no vent; connection with unsafe gas supplies; or lack of
temperature and pressure relief valves;
3) Electrical systems that are unsafe due to: dangerous overloading; damaged or
deteriorated equipment; improperly taped or spliced wiring; exposed uninsulated wires;
distribution systems of extension .cords or other temporary methods; ungrounded systems;
4) Plumbing systems that are unsanitary due to: leaking waste systems, fixtures and
traps; lack of a water closet; lack of washing and bathing facilities; cross connection of pure water
supply with fixtures or sewage lines; or the lack of water;
5) Structural systems, walls, chimneys, ceilings, roofs, foundations and floor systems
that will not safely carry imposed loads;
6) Refuse, garbage, human waste, decaying vermin or other dead animals, animal waste,
other materials rendering residential buildings and structures unsanitary for human occupancy,
including lack of light and air;
7) Infestation of rats, insects and other vermin.
3S
118.05 INSPECTIONS.
A) Purpose. The purpose of this section is to establish standards for a program of inspections
meant to improve and maintain the overall rental housing in the city. Housing inspections do not
indicate compliance with any inspectional program other than that of the city. Inspections are
made as a public service and do not constitute any representation, guarantee or warranty to any
person as to the conditions of the building inspected. The city does not assume any responsibility
or liability in connection with the inspection and issuance of the license required by this chapter.
B) Initial compliance inspection. Prior to issuance of a license to operate a rental dwelling
unit, the Compliance Official, together with the local Fire Marshal, shall inspect the premises for
compliance with this chapter. A record of the inspection, listing any built-in deficiencies which
are exempt from compliance, shall be kept on file at the City Hall.
C) Triannual compliance inspection. All rental dwelling units shall be reinspected for
compliance with this chapter a minimum of once every three years.
D) Complaints inspections. Inspections shall be made at any time upon receipt of a complaint
wherein the complainant leaves his or her name, address and telephone number. Inspections will
not be made based upon anonymous complaints.
E) Permission of the tenant shall be requested before a rental unit is entered. If the tenant
refuses to permit the inspector to enter, the inspector is authorized to obtain an administrative
search warrant before making the inspection.
118.06 ADMINISTRATION AND ENFORCEMENT.
A) Unfit for human habitation.
I) Any rental dwelling or rental dwelling unit, which is damaged, decayed,
dilapidated, unsanitary, unsafe, vermin or rodent infested or which lacks provision for
basic illumination, ventilation or sanitary facilities to the extent that the defects create a
hazard to the health, safety or welfare of the occupants or of the public may be declared
unfit for human habitation. Whenever any rental dwelling or rental dwelling unit has been
declared unfit for human habitation, the Compliance Official shall order same vacated
within a reasonable time and shall post a placard on same indicating that it is unfit for
human habitation and any operating license previously issued for the dwelling shall be
revoked.
2) It shall be unlawful for the rental dwelling or rental dwelling unit to be used for
human habitation until the defective conditions have been corrected and written approval has
been issued by the Compliance Official. It shall be unlawful for any person to deface or remove
the declaration placard from any rental dwelling or rental dwelling unit.
B) Secure unfit and vacated dwellings. The owner of any rental dwelling or rental dwelling unit
which has been declared unfit for human habitation, or which is otherwise vacant for a period of
60 days or more, shall make same safe and secure so that it is not hazardous to the health, safety
and welfare ofthe public and does not constitute a public nuisance. Any vacant dwelling open at
3t
doors, or windows, if unguarded, shall be deemed to be a hazard to the health, safety and welfare
of the public and a public nuisance.
C) Hazardous building declaration. In the event that a rental dwelling has been declared unfit
for human habitation and the owner has not remedied the defects within a prescribed reasonable
time, the dwelling may be declared a hazardous building and be abated by repair, rehabilitation,
demolition or removal in accordance with the procedure specified in M.S. 99463.15 et seq.,
related to hazardous and substandard buildings.
D) Compliance order.
1 )Whenever the Compliance Official determines that any rental dwelling, or rental
dwelling unit or the premises surrounding any of these, fails to meet the provisions of this
chapter, he or she may issue a compliance order setting forth the violations of the ordinance and
ordering the owner, occupant, operator or agent to correct the violations.
2) This compliance order shall:
(a) Be in writing;
(b) Describe the location and nature of the violations ofthis chapter;
(c) Establish a reasonable time for the correction of the violation and notify of appeal
recourse;
(d) Be served upon the owner or its agent or the occupant, as the case may require,
and the notice shall be deemed to be properly served upon the owner or agent, or upon any
occupant, if a copy thereof is:
(i) Served upon the owner, agent or occupant personally; or
(ii) Sent by certified mail to its last known address.
E) Right of appeal. When it is alleged by any person to whom a compliance order is directed
that the compliance order is based upon erroneous interpretation of this chapter, the person may
appeal the compliance order to the City Council sitting asa Board of Appeals. The appeals must
be in writing, must specify the grounds for the appeal, must be accompanied by a filing fee, as set
forth by resolution of the City Council, from time to time, in cash or cashier's check, and must be
filed with the Compliance Officer within five business days after service of the compliance order.
The filing of an appeal shall stay all proceedings in furtherance of the action appealed from,
unless a stay would cause imminent peril to life, health or property.
F) Board of Appeals decision. Upon receipt of an appeal of a compliance order a hearing shall
be held before the City Council, serving as the Board of Appeals, at its next regularly scheduled
meeting. The Board of Appeals shall make a determination concerning the validity of the appeal.
The Board of Appeals may reverse, modify or affIrm, in whole or in part, the compliance order
and may order return of all or part of the filing fee if the appeal is upheld.
31
G) Restrictions on transfer of ownership. It shall be unlawful for the owner of any rental
dwelling, or rental dwelling unit, upon whom a pending compliance order has been served to sell,
transfer, mortgage, lease or otherwise dispose thereofto another person until the provisions of the
tag or compliance order have been complied with, unless the owner shall furnish to the grantee,
lessee or mortgagee a true copy of any notice of violation or compliance order and shall obtain
and possess a receipt of acknowledgment. Anyone securing an interest in the rental dwelling, or
rental dwelling unit, who has received notice of the existence of a violation tag or compliance
order shall be bound by same without further service of notice upon the person and shall be liable
to all penalties and procedures provided by this chapter.
H) License suspension or revocation. A license issued under the provisions of this chapter shall
be subject to suspension or revocation by the City Council for violation of any provisions of the
City Code or laws of the state. In the event that a license is suspended or revoked by the City
Council for just cause, it shall be unlawful for the owner or its duly authorized agent to thereafter
permit any new occupancy of a vacant or thereafter vacated rental unit until the time as a valid
license may be restored by the City Council.
I) Alternative sanctions. Whenever the Compliance Official determines that any rental
dwelling, or rental dwelling unit, or the premises surrounding any of these fails to meet the
requirements set forth in this chapter, the Compliance Official may issue a violation tag
summoning the responsible person into court or request the issuance of a criminal complaint and
arrest warrant.
J) Coriflicts. Any conflict between any provisions of this chapter and any term of a contractual
relationship between a landlord and a tenant shall be resolved in favor of this chapter.
K) Penalties. Failure to comply with a compliance order after right of appeal has expired or
violation of any of the provisions of this chapter shall be a misdemeanor. Each day that a
violation continues shall be deemed a separate punishable offense.
L) Separability. Every section, provision or part of this chapter is declared separable from
every other section, provision or part to the extent that if any section, provision or part of the
ordinance shall be held invalid, it shall not invalidate any other section, provision or part thereof.
3g
CITY OF CENTERVILLE
CITY COUNCIL MEETING
AUGUST 10,2005
6:30 p.m.
Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled
meeting on August 10,2005, at City Hall, 1880 Main Street.
PRESENT:
Mayor Mary Capra
Council Member Lee
Council Member Lakso
Council Member Paar
ABSENT:
None.
STAFF:
City Attorney Mr. Hoeft
City Engineer Mr. Peterson
City Administrator Larson
I. CALL TO ORDER
Mayor Capra called the August 10, 2005, City Council meeting to order at 6:30 p.m.
II. SET AGENDA
The following items were added to the Agenda:
Minutes: August 3,2005 Work Session Minutes
Consent Agenda: KLM Engineering $16,672.50, GFOA Membership, Finance Director
$140; GFOA Training Seminar, Finance Director $550; Thank you Letters to Fete des
Lacs Volunteers; and Thank you Advertisement Quad Community Press - $207.90
New Business: Traffic Control Signs at Intersections and Cable Channel Text
Programming $4,700
Announcements: 2005 Regional Training Session
Motion bv Council Member Paar. seconded bv Council Member Terwav to
approve the ae:enda as amended. All in favor. Motion carried unanimouslv.
III. APPROVAL OF COUNCIL MINUTES
1. July 27. 2005 City Council Meeting Minutes
/
City of Centerville
Council Meeting Minutes
August 10, 2005
Motion by Council Member Lee. seconded by Council Member Lakso to approve
the July 27. 2005 Citv Council Meetine: Minutes as presented. All in favor. Motion
carried.
2. August 3.2005 City Council Work Session Meeting Minutes
Motion by Council Member Lakso. seconded by Council Member Terway to
approve the Aue:ust 3. 2005 Citv Council Meetine: Minutes as presented. All in
favor. Motion carried.
IV. CONSENT AGENDA
1. City of Centerville July 28, 2005 through August 10, 2005 Claims
2. Centennial Fire District through August 2, 2005 Claims
3. Maguire Iron, Inc. - Pay Estimate #11, Water Tower $56,240
4. Building Inspector's Attendance at 2005 Fall Seminar November 22 - 23,2005
5. Building Official's Attendance at 2005 Fall Seminar November 22 - 23,2005
6. Building Official's Attendance at AMBO IBC/IRD Code Development
Committee Meeting October 7, 2005 St. Cloud
7. KLM Engineering - Water Tower $16,672.50
8. GFOA Membership Application Finance Director $140
9. GFOA Training Seminar - Finance Director $550
10. Thank You Letters to Fete des Lacs Volunteers
11. Thank You Advertisement Quad Community Press $207.90
Motion bv Council Member Lee. seconded by Council Member Lakso. to approve
the Consent Ae:enda as presented. All in favor. Motion carried unanimouslv.
V. A W ARDSIPRESENTATIONS/APPEARANCES
None.
VI. PUBLIC HEARINGS
None.
VII. NEW BUSINESS
1. Parks and Recreation Committee Request for General Funds - Not to Exceed
$25.000 Annually
Council discussed the request and expressed interest in funding it but asked that the
request be discussed as part of the budgeting cycle with the Finance Director.
Page 2 of8
z
City of Centerville
Council Meeting Minutes
August 10, 2005
2. American Tank Services. DBA Holte Contracting - Pay Estimate #3 and Reduce
Retainage. Pond & Ditch Improvements $11.110.56
Motion bv Council Member Terwav. seconded bv Council Member Lakso. to
approve payment to American Tank Services in the amount of $9.435.70. All in
favor. Motion carried unanimously.
3. Dresel Contracting - Pay Estimate #9 and Reduce Retainage. 2004 Utility &
Street Improvements $29.304.61
Council discussed the project and expressed concern that the rain garden has not been
completed.
Motion bv Council Member Lee. seconded bv Council Member Terwav. to aDProve
payment to Dresel Contractine: in the amount of $24.304.61. All in favor. Motion
carried unanimouslv.
4. Draft Federal Transportation Enhancement Fund Application
Motion bv Council Member Terwav. seconded bv Council Member Paar. to
approve the Federal Transportation Enhancement Fund Application as presented
bv the Finance Director. All in favor. Motion carried unanimous Iv.
5. Sedona Townhomes. LLC Request for Letter of Credit Reduction
Motion bv Council Member Lee. seconded bv Council Member Lakso. to approve
the reduction in letter of credit as requested and recommended bv City Ene:ineer
and the City Administrator. All in favor. Motion carried unanimously.
6. Dock Installation on Drainage Ponds - League of MN Cities Insurance Trust
Memo
Council discussed the potential liability the City would face should there be an accident
or injury on a City pond and agreed that all docks must be removed.
The City Attorney suggested requiring a natural buffer of non-mowed vegetation around
the ponds to discourage anyone from playing near them. He also said the City has the
option of fencing but it has not been the policy to do so.
City Attorney Hoeft said from a policy standpoint the policy is that the City does not
fence the drainage ponds ftrst, because of the costs and maintenance of doing so and,
secondly, because the ponds are not of a design or nature that really raise the concerns of
the type of dangers that might exist for animals or small children.
Page 3 of8
3/
City of Centerville
Council Meeting Minutes
August 10, 2005
City Attorney Hoeft indicated that, if there is a pond or were to be a pond constructed that
does raise concerns, with maybe a steep bank or something of that nature then the City
should look at that and determine whether to fence it because the general policy is not to
fence.
Motion bv Council Member Lee. seconded bv Council Member Lakso. to direct
Staff to send letters to residents reQuirine: that the docks be removed within ten (10)
days or the City will remove them. All in favor. Motion carried unanimously.
Mayor Capra asked Staff to review the ponds.to determine if there are any that have steep
banks or slopes that Council should consider fencing.
Council Member Terway indicated he would like Council to consider Ordinance
language specifically requiring that the vegetation surrounding drainage ponds not be
mowed.
City Attorney Hoeft indicated that the City can control that as residents are not allowed to
do anything inside of an easement. He then suggested that the City educate residents on
requirements of drainage ponds.
7. Prepayment of WAC/SAC Fees Prior to Hookup - Staff Recommendation Not to
Accept Payment Until Connection Permit Application
Motion bv Council Member Lee. seconded bv Council Member Terwav to
imolement not acceotine: oavment of WAC/SAC fees until Connection Permit
Aoolication. All in favor. Motion carried unanimouslv.
8. E.H. Renner & Sons Estimate for Variable Frequency Drive for Wells 1 and 2
$25.322.00
City Administrator Larson indicated that this would allow the pumps on the wells to
come up more gradually and eliminate wear and tear on equipment.
Motion bv Council Member Lakso. seconded bv Council Member Paar to aoorove
the exoenditure of $25.322 for Variable FreQuencv Drives for Wells 1 and 2 as
oresented bv Staff. All in favor. Motion carried unanimously.
9. B&R Properties. 6805 20th Avenue South - Site Plan
City Administrator Larson reviewed the Site Plan with Council and indicated that the
Planning Commission recommended approval.
Motion bv Council Member Terwav. seconded bv Council Member Paar to aoorove
the Site Plan for B&R Prooerties at 6805 20tb Avenue South as recommended bv
Staff and the Plannine: Commission. All in favor. Motion carried unanimously.
Page 4 of8
-'J
City of Centerville
Council Meeting Minutes
August 10, 2005
10. Cmcilo Homes. 2052 Gateway Circle - Site Plan
City Administrator Larson reviewed the Site Plan with Council and noted the Planning
Commission has recommended approval.
Motion bv Council Member Lakso. seconded bv Council Member Paar to aoorove
the Site Plan for Chicilo Homes at 2052 Gatewav Circle as recommended bvStatT
and the Plannine: Commission. All in favor. Motion carried unanimous Iv .
11. North Metro Telecommunications Commission/Media Center 2006 Budget
Motion bv Council Member Lee. seconded bv Council Member Lakso to aoorove
the North Metro Telecommunications Commission/Media Center 2006 Bude:et as
oresented. All in favor. Motion carried unanimously.
Mayor Capra commented that Heidi Aronson does an excellent job of managing the
facility .
12. Resolution #05-037 - Proclamation Domestic Violence Month. October
Motion bv Council Member Lakso. seconded bv Council Member Lee to aoorove
Resolution #05-037 as oresented. All in favor. Motion carried unanimously.
13. CenterPoint Energy Request for Right-of-Way Permit Application
City Administrator Larson indicated that CenterPoint Energy will be doing a lot of work
in the City to correct faulty connections similar to the one that caused the explosion in
Ramsey and has asked for consideration of one permit fee rather than a permit fee for
each of the 217 connections that need to be replaced.
Council discussed the matter and agreed to accept $100 per home for a total of $21,700
for the permit fee based on 217 homes.
Motion bv Council Member Terwav. seconded bv Council Member Lakso to
aoorove the amount of $21.700 based on $100 oer home for 217 homes in the form
of cash or letter of credit. All in favor. Motion carried unanimously.
14. Traffic Control Signs at Intersections Within the City
Mayor Capra indicated that she had placed this on the Agenda for consideration due to
the severe accident in Hugo involving a young boy on a motorized scooter at an
uncontrolled intersection.
City Attorney Hoeft indicated that it has been the general policy of the City not to control
every intersection within the City. He then said that Council does entertain requests for
Page 5 of8
5
City of Centerville
Council Meeting Minutes
August 10, 2005
stop signs at intersections by residents but the general policy has been that not all
intersections are controlled.
15. Cable Channel Text Programming Software (SCALA Upgrade)
City Administrator Larson indicated that the City's cable programming software is at
least five or more years old and it is very outdated and may not be able to be maintained
for much longer. He then suggested an upgrade utilizing cable funds in an amount not to
exceed $4,700.
Motion by Council Member Lee. seconded by Council Member Paar to authorize
the SCALA uD!!rade in an amount not to exceed $4.700. All in favor. Motion
carried unanimously.
VIII. OLD BUSINESS
1. Personnel Policy
Council indicated a desire to spend a little more time reviewing the policy to ensure that
all suggested changes have been implemented into the latest version of the policy.
Motion by Council Member Lee. seconded by Council Member Lakso to table this
discussion to a work session. All in favor. Motion carried unanimously.
2. Job Descriptions
Motion bv Council Member Lee. seconded by Council Member Paar to aDDrove the
Job DescriDtions as Dresented. All in favor. Motion carried unanimously.
3. Resolution #05-038 Or€!anizational Chart
Motion by Council Member Terway. seconded by Council Member Paar to aDDrove
Resolution #05-038 Or!!anizational Chart as Dresented. All in favor. Motion
carried unanimously.
4. Consider Quotes for Water Main Extension - Mound Trail
City Engineer Peterson indicated that the low bidder was Penn Contracting and
recommended approval of the bid. He then suggested the City may want to consider
upsizing the pipe to allow for better flow at the very end.
Mayor Capra asked Staff to review flow requirements with the Fire Department.
Motion by Council Member Lee. seconded by Council Member Terway to aDDrove
the Quote from Penn Contractine: for the water main extension on Mound Trail as
Dresented by Staff. All in favor. Motion carried unanimously.
Page 6 of8
jp
City of Centerville
Council Meeting Minutes
August to, 2005
5. Backage Road/Property Purchase Option
City Administrator Larson indicated that there are still some issues to work out and asked
for authorization to seek an extension of time on the purchase option.
Motion by Council Member Terway. seconded by Council Member Paar to direct
Staff to seek an extension on the Durchase oDtion to December 31. 2005. All in
favor. Motion carried unanimously.
IX. ANNOUNCEMENTSIUPDATES
1. City Administrator - Mr. Dallas Larson
City Administrator Larson asked Council to set a work session to review and discuss the
Codification of the Ordinances.
Council directed Staff to set a work session for one hour prior to the next Council
meeting.
2. 1601 LaMotte Drive
Mayor Capra asked for Council authorization to work with any and all elected officials
on the purchase of the property.
Council agreed.
3. Downtown Redevelopment Planning
City Administrator Larson indicated that there would be a meeting on August 30, 2005.
4. CSAH 14/Main Street Proiect
City Administrator Larson indicated that he is working on getting a response on the
MOD.
5. 2005 Regional Training Session
City Administrator Larson indicated that the 2005 Regional Training Session is
scheduled for September 14, 2005 from 2:00 to 4:30 p.m. for anyone interested in
attending.
6. Correspondence
Mayor Capra indicated that there is training on September 7, 2005 at the Humphrey
Institute of Public Affairs on development.
Page 7 of8
1
City of Centerville
Council Meeting Minutes
August 10, 2005
Mayor Capra thanked everyone for participating in the National Night Out events.
Mayor Capra thanked everyone for helping to make Fete des Lacs a wonderful success.
Council Member Paar indicated that the EDC wants to stay in tact and will spend the next
few months working on goals and strategies for moving forward before meeting with
Council to discuss economic development goals for the City.
x. ADJOURNMENT
Motion bv Council Member Lee. seconded bv Council Member Paar to adiourn the
AUlrust 10. 2005 City Council Meetine: at 8:05 D.m. All in favor. Motion carried
unanimously.
Transcribed by:
Joan Lenzmeier, Recording Secretary
TimeSaver Off Site Secretarial, Inc.
Page 8 of8
;
City Council 08-10-2005,5:50 p.m. minutes. Present were Mayor Mary Capra, Council
members JeffPaar, Tom Lee, Michelle Lakso and Richard Terway. Also present were
John Meyer, Finance Director, City Administrator Dallas Larson and Tom Witlock of
Damon Farber Consulting.
Summary of Meeting
1. The Council met with the Tom Witlock of Damon Farber Consulting to discuss
the downtown study and schedule. The Council agreed that the Steering
Committee to manage the process should consist of 11 members, two from
Council, two from EDC, two from P & Z, one from Park Board, two business
representatives and two staff members. The first meeting of the Steering
Committee will be on August 30, 2005 and future meetings until the project is
complete will be on the third Tuesday of each month. The project will conclude in
December.
2. John Meyer reviewed his proposed grant application for trails and other
enhancements. The grant application proposes to construct a variety of trails,
street. lighting and trees in the downtown area, and a small park along Main Street
near downtown. .
The meeting was adjourned at 6:20 p.m.
Dallas Larson
City Administrator
9
ervi[[e
'Estafiisfie({1857
CITY OF CENTERVILLE
08/17/051:37 PM
Page 1
*Check Summary Register@)
Name
Check Date
AUGUST 2005
Check Amt
10100 MAIN STREET BANK
Paid Chk# 020520 BENDER, TERESA
Paid Chk# 020521 CITIES DIGITAL
Paid Chk# 020522 INSIGHT PUBLIC SECTOR
Paid Chk# 020523 MENARDS - FOREST LAKE
Paid Chk# 020524 MET. COUNCIL ENV. SERVo
Paid Chk# 020525 MN DEPARTMENT OF HEALTH
Paid Chk# 020526 NORTHERN TOOL & EQUIP.
Paid Chk# 020527 ON SITE SANITATION
Paid Chk# 020528 PRESS PUBLICATIONS
Paid Chk# 020529 PUBLIC EMPLOYEES INS
Paid Chk# 020530 RHINO COMMUNICATION
Paid Chk# 020531 SEH
Paid Chk# 020532 TRU GREEN - CHEM LAWN
Paid Chk# 020533 U.S. POSTAL SERVICE
Paid Chk# 020534 US BANK CORPORATE TRUST
Paid Chk# 020535 US BANK"
Paid Chk# 020536 XCEL ENERGY
8/24/2005
8/24/2005
8/24/2005
8/24/2005
8/24/2005
8/24/2005
8/24/2005
8/24/2005
8/24/2005
8/24/2005
8/24/2005
8/24/2005
8/24/2005
8/24/2005
8/24/2005
8/24/2005
8/24/2005
Total Checks
$5.27 MILEAGE REIMBURSEMENT
$9,595.00 LASERFICHE - PARTIAL PAYMENT
$509.73 RACK & SHELVES FOR SERVER
$9.02 TAPE MEASURES
$11,457.76 SERV FOR SEPT. 2005
$1,165.00 SAFE WATER TEST
$58.55 SUPPLIES FOR P.W.
$955.92 ACORN CREEK PARK -SERV THRU JU
$55.20 ANNUAL DISCLOSURE OF TAX
$17,227.86 SEPTEMBER 2005 HEALTH INS.
$197.03 RADIOS FOR 2005 PARADE
$690.00 DATAVIEW IMPLEMENTATION, TRAIN
$1,344.04 CITY HALL
$1,000.00 STAMPS - POSTAGE METER
$6,825.00 #801072900 GEN. OBLlGA. TEMP.
$142.60 AD FOR AUTO TRADER - PW TRUC
$1,699.71 CITY HALL - SERV THRU 8-2-05
$52,937.69
NOTE: AN UPDATED LIST OF DISBURSEMENTS WILL BE HANDED OUT ON 8-24-05 FOR APPROVAL.
jD
Centennial Fire District
Check Register
8/17/2005
The disbursements listed below are submitted by the Centennial Fire District for your approval:
DATE CHECK# NAME ACCOUNT AMOUNT
8/12/2005 14834 Arthur Mohler 42190 - Fire Prevention Supplies 34.05
8/12/2005 14835 Center Frame and Wheel Alignment, Inc. 42000 - Vehicle Maintenance 145.00
8/12/2005 14836 Comcast 42180 - Office Supplies Expense 95.00
8/12/2005 14837 David Bruder 42110 - Other Maintenance 1.59
8/12/2005 14836 Emergency Apparatus Maintenance 42000 - Vehicle Maintenance 1,402.67
8/12/2005 14839 Emergency Medical Products, Inc. 42260 - Medical Supplies 104.28
8/12/2005 14840 Image Printing & Graphics 42190 - Fire Prevention Supplies 898.59
8/12/2005 14641 Loftier Business Systems 42180 - Office Supplies Expense 31.46
8/12/2005 14642 McLeod USA 42240 - Telephone 360.93
8/12/2005 14643 Medtronic Emergency Response Systems 42130 - Equipment Expense 4,846.83
8/12/2005 14644 Milo Bennett 42180 - Office Supplies Expense 7.44
8/12/2005 14645 National Assoc. for Search and Rescue 42200 - Dues and Memberships 54.00
8/12/2005 14646 National Fire Codes Subscription Service 42210 - Subscriptions 625.50
8/12/2005 14647 Nextel 42240 - Telephone 143.59
8/12/2005 14646 Qwe$t 42240 - Telephone 187.90
8/1212005 14849 The youth's Company 42190 - Fire Prevention Supplies 170.18
8/12/2005 14850 Viking Office Products 42180 - Office Supplies Expense 36.61
8/1212005 14851 XceI Energy 42254 - Station 2 - Electric 631.96
8/1212005 14852 Aspen Mills 42120 - Uniform Expense 168.50
8/12/2005 14853 All Star Sports, Inc. 45010 - Safety Camp Expense 801.07
8/12/2005 14654 Arthur Mohler 45010 - Safety Camp Expense 28.29
8/12/2005 14855 Circle Pines Sausage 45010 - Safety Camp Expense 199.50
8/12/2005 14856 Crown Trophy 45010 - Safety Camp Expense 462.71
8/12/2005 14857 David Bruder 45010-SafetyCampExpense 53.43
8/1212005 14856 Janet Haapoja 45010 - Safety Camp Expense 32.95
8/12/2005 14659 Kalli Haapoja 45010 - Safety Camp Expense 162.50
8/12/2005 14680 Kristine Hallblade 45010-SafetyCampExpense 10.00
8/1212005 14861 Laura Louis 45010 - Safety Camp Expense 100.00
8/12/2005 14662 Uz Sheehy 45010 - Safety Camp Expense 439.00
8/12/2005 14663 Meghan Page 45010 - Safety Camp Expense 84.50
8/12/2005 14864 Milo Bennett 45010 - Safety Camp Expense 83.51
8/12/2005 14865 The youth's Company 45010 - Safety Camp Expense ~
Total 12,468.10
1of1
II
CENTENNIAL LAKES POLICE DEPT Check Register POLICE Gl Page: 1
GL Posting Period(s): 08/05 - 08/05 Aug 10,2005 03:21pm
Check Issue Date(s): 08/01/2005 - 08/1112005
Per Date Check No Vendor No Payee Invoice Description Jnv Amount
08/05 08/01105 5406 130220 SCOTT MARSHAll NATl NIGHT OUT 300.00 M
BATMAN
08/05 08/11105 5407 10750 ANOKA COUNTY 2ND QTR MDT ACCESS 540.00
08/05 08/11/05 5408 10975 ANOKA COUNTY SHERIFF'S OFFIC RANGE USE 181.05
08/05 08/11/05 5409 11653 AUTO-MEDICS INC VEH REPAIRS 135.91
FORFEITURE TOW 04 356.77
CHEV
Total 5409 492.68
08/05 08/11/05 5410 30060 CP OFFICE PRODUCTS TONER/ST APlERlMISC 174.15
08/05 08111105 5411 30480 CENTENNIAL UTILITIES JUNE UTILITIES 9.53
08/05 08/11/05 5412 31250 CORNER EXPRESS FUEL 28.65
08/05 08/11105 5413 40300 DELTA DENTAL SEPT DENTAL 589.00
08/05 08/11105 5414 60650 FRATTAllONES HARDWARE, INC. FASTENERSISHOP VAC 78.38
08/05 08/11105 5415 100150 J.N.JOHNSON SALES & SERVICES FIRE EXTINGUISHER 21.09
MTC
08/05 08/11105 5416 120105 LABOR RELATIONS ASSOC., INC. JUNE MEDIATION 946.00
SERVICE
08105 08/11105 5417 120175 LAKESIDE COlliSION, INC 04 INTREPID REPAIR 821.00
08/05 08/11/05 5418 130460 METRO SALES, INC COPIER MTC 684.00
CONTRACT 7105-7106
AFICIO 2027 DIGITAL 8,392.20
COPIER
TONER 209.14
Total 5418 9,285.34
08/05 08/11105 5419 130764 MN CHIEFS OF POLICE ASSOC. lEADERSHIP ACADEMY 375.00
OCT 2005 PA
08/05 08/11/05 5420 130780 MINNESOTA ClE CRIMINAL JUSTICE 250.00
SEMINAR
08/05 08/11/05 5421 130798 MN DEPT OF ADMINISTRATION JUNE USAGE 37.00
08/05 08111105 5422 131280 MUL TICARE ASSOCIATES, INC PRE-PLACEMENT 87.00
8<AM/AO
08/05 08111105 5423 140100 NATIONAL IMPRINT CORPORATIOf\ JR POLICE BADGESINO 154.46
DRUGS TATOOS
08/05 08/11105 5424 140370 NEXTEL COMMUNICATIONS CEll PHONES 295.00
08/05 08/11105 5425 160200 PERFORMANCE AUTO, INC AlC RECHARGE/OIL 280.73
CHGS
08/05 08/11/05 5426 160560 FRED PRYOR SEMINARS/ SEMINARlC lEVlnS 154.00
08/05 08111/05 5427 170180 QWEST LEX SUB STATION 54.77
PHONES
M = Manual Check, V = Void Check
/:L
CENTENNIAL LAKES POLICE DEPT Check Register POLICE GL Page: 2
GL Posting Period(s): 08105 - 08/05 Aug 10, 2005 03:21 pm
Check Issue Date(s): 08/01/2005 - 08/1112005
Per Dam Check No Vendor No Payee Invoice Description Inv Amount
08/05 08111105 5428 180150 RED ROOSTER AUTO STORES VEHICLE REP PARTS 94.35
08/05 08/11105 5429 190005 SBC PAGING AUGUST PAGER SERV 21.19
08/05 08/11105 5430 190375 SELECT ACCOUNT JULY SELECT ACCT 24.00
FEES
08/05 08111105 5431 190625 SPEEDWAY SUPERAMERICA LLC JULY FUEL 3,559.88
08/05 08/11/05 5432 210110 UNIFORMS UNLIMITED, INC UNIFORMS B.AUSTIN,P 393.74
ALDRICH, STEPAN
08/05 08/11/05 5433 210235 UNITED WISCONSIN GROUP SEPT L1FElDISAB 157.50
Totals: 19,405.49
M = Manual Check, V = Void Check
/3
tervi{{e
'Esta6(isliea 1857
1880 :Main Street . Centerviffe,:JvfN 55038
(651) 429-3232 . PaJ( (651) 429-8629
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF CENTERVILLE
, RESOLUTION #05-040
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTERVlLLE,
EXPRESSING OPPOSITION TO SENATE BILL 1504 KNOWN AS THE
"BROADBAND INVESTMENT AND CONSUMER CHOICE ACT" (S. 1504),
URGING CONGRESSIONAL REPRESENTATIVES TO REFRAIN FROM ANY
FORM OF SUPPORT OR CO-SPONSORSHIP OF S. 1504 AND TO VOTE IN
OPPOSITION TO S. 1504, AND DIRECTING THAT THIS RESOLUTION BE
FORWARDED TO THE MINNESOTA CONGRESSIONAL DELEGATION,
OTHER MEMBERS OF CONGRESS AS DEEMED APPROPRIATE, AND THE
PRESIDENT OF THE UNITED
STATES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on August 2,2005, Senators John Ensign and John McCain introduced the
Broadband Investment and Consumer Choice Act of2005 (S. 1504); and
WHEREAS, the City Council of the City of Centerville, Minnesota opposes the passage
of S. 1504 because:
· The bill would preempt all local authority over the provision of cable and video
services within the community, including the ability of the local government to
provide appropriate oversight to entities conducting business within their
jurisdiction and in the local public rights-of-way;
· The City's negotiated contract with its cable operator would be abrogated under
the terms of the bill;
· The bill would substitute a new compensation methodology on the parties to the
City's existing franchise contract, depriving the City of the agreed-upon bargain
by lowering the existing franchise fee and replacing it with a fee which must be
justified as being "reasonable" in the eyes of the user, limited to management
costs (which denies the rights of the property owner to obtain fair and
reasonable compensation for the use of public property for private gain), and not
in excess of 5%;
/1
· These requirements and restrictions would result in the creation of a subsidy to
the cable and telecommunications industries; at the expense of the City's
taxpayers;
· The bill would further substantially reduce the revenues that are now
includable in the definition of "Gross Revenues" so that even if the franchise
fee did in fact remain at 5%, the City's revenues from the fee would be
significantly less due to the smaller revenue base;
· The bill would substantially reduce the amount of capacity which may be
required by local governments to meet their public, educational and government
("PEG") access needs, while stripping the City of the ability to obtain capital
support for the use of PEG capacity - part of the bargain contained within the
City's negotiated franchise agreement - with the result that the community's
cable-related needs and interests would not be met;
· The bill would deprive local citizens of the ability to address local issues locally,
by removing to the state all customer service issues, and further by denying
consumers any form of recourse for any actions of a communications provider;
· The bill would eliminate any build-out requirements for any video service
provider, thereby allowing providers to discriminate based on the wealth of the
local neighborhoods they choose to serve;
· The bill would preempt any state or local law that is not generally applicable to
all businesses, thereby potentially preempting any law applicable to only certain
classes of businesses, such as utilities and rights-of-way users (such as requiring
undergrounding offacilities and ensuring electric code compliance);
· The bill would prohibit the City from imposing any fee for issuance of rights-of-
way construction permits yet would require the City to act on requests for
permits in a timely manner as determined by the FCC, thereby insinuating
inappropriate federal government involvement in the basic day-to-day
management of local rights-of-way;
· The bill would prohibit municipalities and their utilities from providing
communications services without giving a right of first refusal to private
industry, and would then grant industry unfettered access to all municipal
facilities and financing in the event private industry chooses to provide services;
· The bill would deprive the City of the authority to establish and maintain
government owned and operated networks, known as institutional networks, that
may be utilized by first responders and other government officials in the day-to-
day management of the City's business;
/~
· The bill would permit broadened preemption of local zoning decisions relating
to the placement of cell towers, depriving the City of the authority to ensure that
such towers are safely and appropriately located in areas to provide the greatest
degree of services without unnecessarily posing a hazard to the public health,
safety and welfare; and
· The bill would eliminate the protection the City currently has against liability for
damages and attorneys fees in lawsuits brought by communication service
providers against local governments, a type of litigation that the bill would seem
to invite service providers to bring.
WHEREAS, for these reasons, the City Council finds that it should oppose S. 1504 and
urges the Minnesota Congressional Delegation and other members of Congress to oppose
S. 1504; and . ,
WHEREAS, the City Council finds that this Resolution should be forwarded to the
Minnesota Congressional Delegation, other members of Congress as deemed appropriate,
and to the President of the United States.
NOW, THEREFORE, BE IT RESOLw:n BY THE CITY COUNCIL OF THE
CITY OF CENTERVILLE, MINNESOTA THAT:
Section I. For the reasons stated above, the City Council of the City of Centerville,
Minnesota, declares its opposition to S.1504and urges the Minnesota Congressional
Delegation and all other members of Congress to oppose S.1504.
Section n. The City Council hereby directs that this Resolution be forwarded
immediately to theMinnesota Congressional Delegation, other members of Congress as
deemed appropriate, and to the President of the United States.
Section m. This Resolution shall become effective immediately upon its passage.
SIGNED this the _ day of . 2005.
MAYOR
ATTEST:
CITY CLERK
/~
APPROVED AS TO FORM:
, CITY ATTORNEY
/1
At;giJim
August 12, 2005
RE: FSA Administrative Change
Dear valued client:
In May, Acclaim Benefits sent an e-mail outlining an opportunity provided by IRS Notice
2005-42, which modified the customary "use-it-or-Iose it" rule for reimbursement from
cafeteria plan flexible spending accounts ("FSAs"). Under the new rule, employers may
amend their cafeteria plan documents to provide for a reimbursement "grace period"
following the end of the traditional plan year. Specifically, the grace period provides
participants with a maximum time extension of two months and fifteen days to incur
claims that may be applied to the previous plan year's balance. Employers and
employees will still follow a twelve-month plan year for pre-tax salary deductions, but
allowable spending can occur for up to fourteen months and fifteen days. It is important
to note that plans are not required to adopt this extension, nor are they required to
adopt the fulI two month and fifteen day grace period.
The extension is intended to alleviate the participant's burden to incur claims within a
twelve-month period, thereby reducing the risk of forfeiting funds. Eligible expenses
incurred during the extended grace period will be applied to any remaining balance
applicable to the prior plan year. If the prior year balance does not cover the entire
amount of a claim, the excess amount will be applied to the participant's current plan
year balance.
We recommend that employers proceed cautiously in adopting this non-mandatory
change and strongly suggest that you consult with your legal, tax and/or benefits
experts to determine whether the FSA change would be appropriate for your group.
Special Considerations:
Dependent Care Reimbursement Accounts: Participants may be reimbursed for
dependent care expenses up to a statutory maximum amount, based upon the participant's
individual tax year. The reimbursement amount is based on the year in which the
reimbursements are made, regardless of the plan year from which any particular
reimbursement is made. This could complicate the completion ofW-2 Forms.
-
Run-Out period: Following the end of a plan year, existing regulations allow for a "run-
out period". The run-out period provides plan participants with additional time to submit
reimbursement claims relating to expenses incurred during the most recent plan year.
...--7Employers who adopt the new grace period may want to revise their plan's existing run-
out period deadlfri-e to extend past the expiration of the grace period. However, extending
a run-out period too far into the future could create a time constraint when closing the
plan year and completing Form 5500 filings.
Flexible Spending Account Department . 3405 Annapolis Lane North . Plymouth, MN 55447 . www.acclaimbenefits.com . fax 763-278-4004
It
Atd~
COBRA: Applicable health FSAs have a maximum period of continuation coverage
through the end of the plan year in which the qualifying event occurs. Accordingly, if an
individual has maintained health FSA coverage pursuant to COBRA and remains covered
on the last day of a plan year, the individual would be eligible to take advantage of an
allowed grace period. No further contributions would be made by the COBRA qualified
beneficiary for the grace period; which also means the individual would not pay anything
for the continued access to their health FSA during the grace period. If a qualified
beneficiary stops paying COBRA premiums for the health FSA, and health FSA coverage
ends before the last day ofthe plan year, they would not be able to take advantage of the
grace period.
BRAs: If you are an employer that sponsors a health FSA and a Health Reimbursement
Arrangement (HRA), your plan design should dictate which plan pays expenses first. If
the health FSA adopts the grace period, the ordering language would need to be
reviewed.
HSAs: The IRS has recently ruled that if an employer adopts an FSA grace period,
employers and participants may not contribute to an HSA until the first month following
the end of the grace period, unless it is a limited scope FSA. Alternatively, plan sponsors
can provide participants with the ability to opt out of the grace period, thereby avoiding
an extension of "other coverage" following the close of the current plan year.
Acclaim Benefits is prepared to administer FSA grace periods for plan years ending
December 31, 2005, or later. Enclosed is an amendment request form. Once you have
determined how you intend to proceed with respect to the FSA grace period, please select
the appropriate option(s) and return the request form to Acclaim Benefits by September
1, 2005. If you decide to adopt the grace period, then upon receipt of your completed
request form, Acclaim Benefits will forward a plan amendment for your signature and
will also forward a summary of material modification for distribution to participants.
If you should have any questions regarding this administrative change, please contact
Rhonda Routh at 763-278-4782 or Michelle L. Conger at 763-278-4278.
Thank you.
Flexible Spending Account Department . 3405 Annapolis Lane North . Plymouth, MN 55447 . www.acclaimbenefits.com . fax 763-278-4004
/7
M9JJim
Amendment Request
The undersigned, being properly authorized to act on behalf of the employer in its
capacity as the Plan Administrator of the
Flexible Benefit Plan (the "Plan"), hereby requests that the following actions be
implemented with respect to the Plan:
Grace Period Extension
Select one option:
1. The Plan WILL NOT BE AMENDED to adopt a grace period consistent with
the terms and conditions of IRS Notice 2005-42. The Plan will maintain its
current "run-out period", allowing Participants to submit claims from the
previous plan year for reimbursement only if the expense was incurred in the
plan year and submitted before the end of the existing run out period.
or
2. 'f.
The Plan WILL BE AMENDED to adopt a grace period consistent with the
terms and conditions oflRS Notice 2005-42. Claims incurred during the
grace period will be applied to any remaining balance applicable to the prior
year before being applied to the current plan year balance. Please proceed
with the Plan amendment, incorporating the elections identified below:
Select one option:
X . Effective for the plan year ending December 31, 2005
Effective for the plan year beginning January 1, 2006
Other:
Select one option:
Grace Period: 2 months 15 days (maximum)
Grace Period: 2 months
X Grace Period: 1 month 15 days
Grace Period: 1 month
Other:
Select one option:
Grace period applies to both HCRA & DCRA
)( Grace period to HCRA only
Flexible Spending Account Department . 3405 Annapolis Lane North . Plymouth, MN 55447 . www.acclaimbenefits.com . fax 763-278-4004
)YJ
Mlilim
Run Out Extension (COMPLETE ONL Y IF #2 IS CHECKED ABOVE).
Select one option:
1. We will be adopting the grace period and will maintain our current run-out
period, which expires at least 30 days after the expiration of the grace period. *
2. We will be adopting the grace period and request that the Plan be amended to
provide that the run-out period expires 30 days after the expiration of the
grace period. *
*We are recommending that the run-out period be at least 30 days after the grace period.
Employer Authorization
Employer Name
Authorized Signatory, Title
FAX Request to: Acclaim Benefits
Attn: Michelle L. Conger
(Fax # 763-278-4279)
Flexible Spending Account Department. 3405 Annapolis Lane North. Plymouth, MN 55447 . www.acclaimbenefits.com . fax 763-278-4004
2/
Page 1 of 1
Kris Sweeney
From: Routh, Rhonda [Rrouth@acclaimbenefits.com]
Sent: Friday, August 12, 20051 :28 PM
Subject: Grace Period - Response Required
Importance: High
Attached please find important information related to the recent regulatory changes to the "use-it-or-Iose-it" rule. Please review
the information, forward a response as soon as possible or contact us with any questions that you may have.
Thank you and have a great day.
Rhonda Routh
Sales/New Business Consultant
Acclaim Benefits
Tel: 763-278-4782 Fax: 763-278-4783
Rrouth@acclaimbenefits.com
3405 Annapolis Lane North, Minneapolis, MN 55447
AIli9im
CONFIDENTIAUTY NOTICE: The information contained in this e-mail communication and any attached documentation may be privileged, confidential
or otherwise protected from disclosure and is intended only for the use of the designated recipient(s). The use, distribution, transmittal or re-
transmittal by any unintended recipient of this communication is strictly prohibited. If you are not the intended recipient of this e-mail, please notify
the above sender of the error and immediately delete this e-mail and any attachments from your system.
Securities and advisory services provided through Stanton Investment Services, Inc., member NASDjSIPC
www.acclaimbenefits.com
8/12/2005
ZL
tervi{{e
T-sta6{isl1ecf 1857
1880 :Main Street . CentervilIe, 'MJV 55038
(651) 429-3232 . Pa:((651) 429-8629
introduced the following resolution and moved its adoption:
Member
CITY OF CENTERVILLE
RESOLUTION NO. L>5..1).59
RESOLUTION ADOPTING THE TAX INCREMENT FINANCING PLAN FOR AND THE CREATION OF
TAX INCREMENT FINANCING DISTRICT NO. 1-6
BE IT RESOLVED By the City Council (the Council) of the City of Centerville, Minnesota (the
City) as follows:
Section 1. Recitals.
1.01. On September 23, 1987, the Council adopted a Development Program for Development
District No.1, pursuant to and in accordance with Minnesota Statutes Sections 469.124
through 469.134 (previously Chapter 472A). .
1.02. It has been proposed that the City create a Plan for Tax Increment Financing District No.
1-6.
1.03. The Council has investigated the facts and has caused to create the Tax Increment
Financing Plan (Plan) for Tax Increment Financing District No. 1-6.
1.04. The City has performed all actions required by law to be performed prior to the adoption
of the Plan, including, but not limited to, notification of Anoka County and the
Independent School District and holding a public hearing regarding the Plan upon such
notice as is required by law.
1.05. The Plan is contained in a document entitled "Tax Increment Financing Plan, for Tax
Increment Financing District No. 1-6, City of Centerville" dated August 24, 2005, on file at
city hall.
1.07. The City Council has fully reviewed the contents of the Plan and has on this date
conducted a public hearing thereon at which the views of all interested persons were
heard.
Section 2. Findinas Relatina to the Plan for Tax Increment Financina District No. 1-6.
2.01. It is found and determined that it is necessary and desirable for the sound and orderly
development ofthe District and the City as a whole, and for the protection and
preservation of the public health, safety, and general welfare, that the authority of the TIF
Act be exercised by the City to create the Plan for Tax Increment Financing District No.
1-6.
2.02. It is further found and determined, and it is the reasoned opinion of the City, that the
actions proposed in the Plan for Tax Increment Financing District No. 1-6, could not
reasonably be expected to occur solely through private investment within the reasonably
.)3
foreseeable future and that therefore the use of tax increment financing is necessary to
assist the project.
2.03. The expenditures proposed to be financed through tax increment financing are
necessary to permit the City to realize the full potential of the District in terms of
development intensity and tax base.
2.04. The creation of the Plan for Tax Increment Financing District No. 1-6 will afford maximum
opportunity, consistent with the sound needs of the City as a whole, for the development
of the tax increment financing district by private enterprise.
2.05. The Plan conforms to the plans for development of the City as a whole.
2.06. The City Council has relied upon the opinions and recommendations of its staff and the
personal knowledge of the members of the council in reaching its conclusions regarding
the creation of the Plan.
2.07. Tax Increment Financing District No. 1-6 is a redevelopment tax increment financing
district within the meaning of Minnesota Statutes Section 469.174, Subd. 10.
Section 3. Aooroval of the Tax Increment Financina Plan.
3.01. The Plan for Tax Increment Financing District No. 1-6 is hereby adopted and the district
is hereby created.
3.02. The Finance Director is authorized and directed to file a copy of the Plan for Tax
Increment Financing District No. 1-6 with the Minnesota Department of Revenue.
DATED:
ATTEST:
Teresa Bender, City Clerk
Mary Capra, Mayor
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
And the following voted against same:
Whereupon said resolution was declared duly passed and adopted.
21
TAX INCREMENT FINANCING PLAN
For
TAX INCREMENT FINANCING DISTRICT NUMBER 1-6
East Block 7 Redevelopment Project
(Redevelopment District)
of the
CITY OF CENTERVlLLE
AUGUST 24, 2005
Prepared by:
John Meyer
Finance Director
City of Centerville
2b
TABLE OF CONTENTS
SECTION I
TAX INCREMENT FINANCING PLAN FOR
TAX INCREMENT FINANCING DISTRICT NUMBER 1-6
(REDEVELOPMENT DISTRICT)
Subsection 2.1. Statement of Objectives
Subsection 2.2. Development Program
Subsection 2.3. Parcels to be Included in Tax Increment
Financing District No. 1-6
Subsection 2.5. Development Activity in Development
Project No. 1-6 for which Contracts
have been Signed
Subsection 2.6. Other Specific Development Expected
to Occur within Development District No. 1-6
Subsection 2.7. Estimated Cost of Project
Subsection 2.8. Estimated Amount of Bonded Indebtedness
Subsection 2.9. Sources of Revenue
Subsection 2.10. Estimated Original and Captured Tax Capacities
Subsection 2.11. Type of Tax Increment Financing District
Subsection 2.12. Duration of Tax Increment Financing District No. 1-6
Subsection 2.13. Estimated Impact on Other Taxing Jurisdictions
Subsection 2.14. Studies and Analysis Used for RBut ForR Determination
Subsection 2.15. Modification of Tax Increment Financing
District No. 1-6 and/or Tax Increment Financing Plan.
Subsection 2.16 Prior Planned Improvements
Subsection 2.17 Fiscal Disparities Election
1
1
1
1
1
1
2
2
3
3
3
4
5
5
5
5
EXHIBIT 1
Boundary Map and Legal Descriptions of
Tax Increment Financing District No. 1-6, as established
EXHIBIT 2
Cash Flow Analysis
EXHIBIT 3
Public Notice
EXHIBIT 4
Proposed Development - Village Market (Phase One)
- Table of Contents -
$
SECTION I.
TAX INCREMENT FINANCING PLAN FOR
TAX INCREMENT FINANCING DISTRICT NUMBER 1-6
Subsection 2. 1. Statement of Objectives.
TIF District 1-6 is being created to facilitate development of a 32,000 square foot mixed use building on
parcels in the downtown area. See Section I, Development Program for Development District No.1,
Subsection B, Statement of Objectives.
Subsection 2.2. DeveloDment ProGram.
See Section I, Development Program.
Subsection 2.3. Parcels to be Included in Tax Increment FinancinG District No. 1-6.
The following parcels are located in the City of Centerville, County of Anoka, State of Minnesota:
Lot 1, 2, 3,4, 5, 6, 7 & 14, Block 7, Centerville
(Parcel Numbers - 23-31-22-23-0005, 23-31-22-23-0006, 23-31-22-23-0007, 23-31-22-23-0008,
23-31-22-23-0009, 23-31-22-23-0010, 23-31-22-23-0014)
(See EXHIBIT 1 for the map of Tax Increment Financing District No. 1-6)
Subsection 2.4. Parcels in Acauisition.
The City will be acquiring all parcels with this development project.
Subsection 2.5. DeveloDment District Activities in DeveloDment District No. 1 for which Contracts
have been SiGned.
The following contracts have been entered into by the City and the persons named below:
Subsection 2.6. Other Soecific DeveloDment Exoected to Occur within DeveloDment District No.1.
32,000 square foot retail/residential mixed use development (See EXHIBIT 4)
-Page1-
21
Subsection 2.7. Estimated Cost of Proiect.
The estimated costs of public improvements to be made within Tax Increment Financing District No. 1-
6 are to be financed by tax increments and other sources if necessary. These estimated costs are as
follows:
TAX INCREMENT FINANCING DISTRICT NUMBER. 1-6
Activitv
Estimated Cost
Site Acquisition
Site Improvements
Road Improvements
Engineering/Contingencies
Capitalized Interest
Administrative Expenses
$555,000
o
o
o
$ 90,000
$ 5.000
$650,000
Total Project-Wide Improvements
No public improvements will be made outside Tax Increment Financing District No. 1-6.
SUPPORTIVE DATA FOR ESTIMATED COSTS OF IMPROVEMENTS
ITEM
BASIS FOR ESTIMATES
GRADING AND SITE PREPARATION
Estimates by City staff, consultants
and developer
PUBliC IMPROVEMENTS/UTIUTIES
Estimates by City staff, consultants
and developer
FIRE WATER/PONDS/UNES/PUMPS
Estimates by City staff, consultants
and developer
ROAD IMPROVEMENTS
Estimates by City staff, consultants
and developer
ADMINISTRATION
Approximately 10% of tax increment
expenditures allowed for local
administration including bond
issuance costs and planning
Subsection 2.8. Estimated Amount of Bonded Indebtedness.
The City is anticipating the issuance of $650.000 in General Obligation Taxable Tax Increment Bonds
relating to this project.
-Page2-
.23
Subsection 2.9. Sources of Revenue.
Public improvement costs, acquisition, site preparation costs and other costs outlined in the Estimated
Cost of Project (Subsection 2.7 above) will be financed through the annual collection of tax increment
revenues as described below and such other permissible revenue sources as determined by the City
including Bonds referenced in Subsection 2.8. The City expects to retain 100 percent of the tax
increment for payment of the City's obligations.
Subsection 2.10. Estimated OriGinal and CaDtured Tax CaDacities.
The most recent original tax capadty of Tax Increment Financing District No. 1-6 is estimated to be
$10.350.
The estimated captured tax capacity of Tax Increment Financing District No. 1-6 at the time the tax
increment becomes payable is expected to be $37.606.
Subsection 2.11. TvDe of Tax Increment FinancinG District.
Tax Increment Financing District No. 1-6 is, pursuant to Minnesota Statutes Section 469.174, Subd. 10,
a "Redevelopment District" defined as type of tax increment financing district consisting of a project, or
portions of a project, within which the authority finds by resolution that one or more of the following
conditions, reasonably distributed throughout the district, exists:
(1) parcels consisting of 70 percent of the area of the district are occupied by buildings, streets,
utilities, paved or gravel parking lots, or other similar structures and more than 50 percent of the
buildings, not including outbuildings, are structurally substandard to a degree requiring substantial
renovation or clearance;
(2) the property consists of vacant, unused, underused, inappropriately used, or infrequently used
rail yards, rail storage facilities, or excessive or vacated railroad rights-of-way;
(3) tank facilities, or property whose immediately previous use was for tank facilities, as defined in
section 115C.02, subdivision 15, if the tank facilities:
(i) have or had a capacity of more than 1,000,000 gallons;
(ii) are located adjacent to rail facilities; and
(iii) have been removed or are unused, underused, inappropriately used, or infrequently used;
(4) a qualifying disaster area.
Subsection 2.12. Duration of Tax Increment FinancinG District No. 1-6.
The duration of Tax Increment Financing District No. 1-6 is expected to be twenty-three (23) years
from the receipt of the first tax increment. The date of receipt of the first tax increment is anticipated
in the year 2008. Thus, it is estimated that the Tax Increment Financing District, including any
modifications for subsequent phases or other changes would terminate in the year 2030.
-Page3-
~r;
Subsection 2.13. Estimated ImDact on Other TaxinG Jurisdictions.
Test NO.1: The estimated impact on other taxing jurisdictions assumes construction would have
occurred without the creation of a Tax Increment Financing District. If the construction is a result of
tax increment financing, the impact is $0 to other entities.
Test No.2: Notwithstanding the fact that the fiscal impact on the other taxing jurisdictions is $0 due to
the fact that the financing would not have occurred without the assistance of the City, the following
estimated impact of the Tax Increment Financing District would be as follows if Test No.1, the "but for"
test was not met:
IMPACT OF TAX BASE
%of
Captured
Current Original Future Captured Tax
Tax Tax Tax Tax Capacity to
Entity Capacity Capacity Capacity Capacity Entity
City 2,833,134 10,350 52,800 37,606 1.33%
County 230,303,515 10,350 52,800 37,606 0.02%
ISD 12 18,268,572 10,350 52,800 37,606 0.21%
IMPACT ON TAX CAPACITY RATES
Current Captured
Tax Tax Potential Rate
Entity Rate Capacity Taxes Impact
City 52.842% 37,606 $19,871.77 0.70%
County 38.694% 37,606 $14,550.97 0.01%
ISD 12 39.606% 37,606 $14,894.24 0.08%
Total 131.412% 37,606 $49,316.99 0.79%
-Page4-
36
Subsection 2.14. Studies and Analvses Used for BBut ForB Determination.
The following studies and analyses have been undertaken and reviewed in order to make the "but for"
findings provided for in the approving resolution of the City, as required pursuant to Section 469.177,
Subd. 3, clause 2 of the Tax Increment Financing Act: Such studies and analyses are on file in the office
of the Finance Director.
Subsection 2.15. Modification of Tax Increment FinancinG District No. 1-6 and/or Tax Increment
FinancinG Plan.
As of Auaust 24. 2005, no modifications to Tax Increment Financing District No. 1-6 or the Tax
Increment Financing Plan therefore have been made.
Subsection 2.16 Prior Planned ImDrovements.
In the 18 months prior to the city's public hearing to consider approving the Tax Increment Financing
Plan for Tax Increment Financing District 1-6, no building permits have been issued on parcels included
in the proposed Tax Increment Financing District.
Subsection 2. 17. Fiscal DisDarities Election.
The city elects to calculate fiscal disparities pursuant to Minnesota Statutes Section 469.177, Subd. 3,
clause b.
-Page5-
3/
EXHIBIT 1
Boundary Map of Tax Increment Financing District No. 1-6,
as established AUGust 24. 2005
Tax Increment Financing District No. 1-6
Map- TIF District 1-6 .
..
\..L/
...............
ACK>FtESS WAP
LZ.. cltTvillv I'.IS;:
~J"~OM* !!..~
, ,<\~'
3L
EXHIBIT 2
Cash Flow Analysis
33
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" N 00 II'lIl'l II'l N .... 0
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a\-IIl- * 1I'lll'l 00 cD M M <D ll'l
.... NN NN II'l ~ -Ill- 00
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l"') ..... \0 00 II'l l"') " 0
~~i ........ 00 ..... " 0 0
*-IIl- * * -Ill- 0 0
..... .....
-Ill- -Ill- -Ill- -Ill- II'l
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.... C7\.... l"') 0 R " 0
00 ~~ 0 II'l .... l"') 0
~ca~ C7\ N l"') l"') 0
*-IIl- * 0 ~ a\ 0
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35'
EXHIBIT 3
Public Notice
eroiIfe
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF CENTERVILLE
NonCE OF PUBLIC HEARING ON TAX INCREMENT FINANCING DISTRICT 1-6 PLAN IN DEVELOPMENT
DISTRICT #1
NonCE IS HEREBY GIVEN, that the City Council of the City of Centerville, Minnesota will meet on
Wednesday, August 24, 2005 in the Council Chambers of Centerville City Hall located at 1880 Main Street,
Centerville, Minnesota commencing at 6:30 p.m. or shortly thereafter to consider spending $650,000 for
activities associated with a tax increment district. The legal description of the district is as follows:
Lots 1, 2, 3,4,5,6, 7, & 14, Block 7, Centerville
MaD- nF District 1-6 .
,.'
AOOAESS UAI'
..
.....1./
.............
(!5'.' .."....1'/.
.._ b__,., <;': Jl"~
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3&
The City Hall is ADA accessible. Requests for hearing assisted devices or a sign language interpreter must be
received before 4:00 p.m. August 19, 2005. All persons interested are invited to attend and to be heard,
verbally or in writing. You may call City Hall at (651) 429-3232 if you have any questions.
You may contact the City Clerk's office at (651) 429-3232 or by facsimile (651) 429-8629 if you need additional
information or to obtain a copy of the proposed tax increment financing plan. If you desire, you mayemail:
dlarson(Ci)centervillemn.com or imeyer(Qlcentervillemn.com with questions or concerns. This notice is also
available on the City's web site: www.centervillemn.com.
Teresa Bender/City Clerk, MCMC
Published in the Quad Community Press on July 26, 2005
31
Member
introduced the following resolution and moved its adoption:
CITY OF CENTERVILLE
RESOLUTION NO.
RESOLUTION CALLING FOR A PUBLIC HEARING ON THE ADOPTION OF A TAX INCREMENT
FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 1-6
WHEREAS, on September 23, 1987 the City of Centerville (City) established a city development
district (Development District No.1) pursuant Minnesota Statutes, Sections 469.124 through 469.134, to
promote development and redevelopment within an area of the City which had not been developed to its
full potential; and
WHEREAS, the City wishes to create tax increment financing plan (Plan) for TIF District No. 1-6
pursuant Minnesota Statutes, Sections 469.174 through 469.179, as amended, to encourage the
redevelopment of a certain designated area in the city and authorize the expenditure of tax increment for
certain public improvements.
NOW, THEREFORE, BE IT RESOLVED By the City Council of the City of Centerville, Minnesota as
follows:
1 The Finance Director is authorized and directed to prepare the Plan for TIF District No. 1-6.
2 . The city council shall hold a public hearing on the Plan on August 24, 2005, starting at 6:30 p.
m. in the council chambers at city hall.
3 The Finance Director is authorized and directed to prepare a notice of the public hearing and
cause the notice to be published in the official newspaper at least 10 days prior to the public
hearing.
4 The Finance Director is authorized and directed to transmit a copy of the Plan to the county and
school district with a notice of the time and place of the public hearing to be held before the city
council. .
5 The Finance Director is authorized and directed to take any and all other steps reasonably
necessary in order to accomplish these purposes.
Dated: Julv 13. 2005.
Mary Capra, Mayor
ATTEST:
Teresa Bender, City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
And the following voted against same:
Whereupon said resolution was declared duly passed and adopted.
31
July 15, 2005
Dr. Roger Warner, Superintendent
ISD # 12
District Office
4707 North Road
Circle Pines, MN 55014
Dear Dr. Warner:
The City of Centerville is proposing to create a plan for Tax Increment District Number 1-6. Tax
Increment District Number 1-6 is a redevelopment district located in Development District Number 1.
Tax Increment District Number 1-6 involves expenditures totaling approximately $650,000.00 for site
acquisition, capitalized interest and administrative activities (administrative expenses do not exceed 10% of the
project cost). The city will need to borrow for all the expenditures anticipated in the plan. The proposed
development would not be possible if this tax increment financing plan were not implemented. No county road
improvements are needed to support this plan. The anticipated tax capacity capture from proposed activities
included in this plan within the proposed tax increment district is 42,975 at completion.
To solicit public input and complete the plan adoption process, the city will be holding a public hearing on
August 24, 2005 at 6:30 PM at city hall to receive comments on the plan. If you have any questions or
comments, please don't hesitate to contact me at 651-429-3232.
Sincerely,
JOVlV'v W. Metler
John W. Meyer
City of Centerville
Finance Director
PS: Attached is a copy of the Tax Increment Financing Plan
3f}
July 15, 2005
Ms. Rhonda Sivarajah, Commissioner
Anoka County
2100 3rd Avenue
Anoka, MN 55303
Dear Commissioner Sivarajah:
The City of Centerville is proposing to create a plan for Tax Increment District Number 1-6. Tax
Increment District Number 1-6 is a redevelopment district located in Development District Number 1.
Tax Increment District Number 1-6 involves expenditures totaling approximately $650,000.00 for site
acquisition, capitalized interest and administrative activities (administrative expenses do not exceed 10% of the
project cost). The city will need to borrow for all the expenditures anticipated in the plan. The proposed
development would not be possible if this tax increment financing plan were not implemented. No county road
improvements are needed to support this plan. The anticipated tax capacity capture from proposed activities
included in this plan within the proposed tax increment district is 42,975 at completion.
To solicit public input and complete the plan adoption process, the city will be holding a public hearing on
August 24, 2005 at 6:30 PM at city hall to receive comments on the plan. If you have any questions or
comments, please don't hesitate to contact me at 651-429-3232.
Sincerely,
JOVtIl'v w. Me~er
John W. Meyer
City of Centerville
Finance Director
PS: Attached is a copy of the Tax Increment Financing Plan
July 15, 2005
Mr. John. Jay' Mclinden, County Administrator
Anoka County
2100 31d Avenue
Anoka, MN 55303
Dear Mr. Mclinden:
The City of Centerville is proposing to create a plan for Tax Increment District Number 1-6. Tax
Increment District Number 1-6 is a redevelopment district located in Development District Number 1.
Tax Increment District Number 1-6 involves expenditures totaling approximately $650,000.00 for site
acquisition, capitalized interest and administrative activities (administrative expenses do not exceed 10% of the
project cost). The city will need to borrow for all the expenditures anticipated in the plan. The proposed
development would not be possible if this tax increment financing plan were not implemented. No county road
improvements are needed to support this plan. The anticipated tax capacity capture from proposed activities
included in this plan within the proposed tax increment district is 42,975 at completion.
To solicit public input and complete the plan adoption process, the city will be holding a public hearing on
August 24, 2005 at 6:30 PM at city hall to receive comments on the plan. If you have any questions or
comments, please don't hesitate to contact me at 651-429-3232.
Sincerely,
JOVtVlv W. Metje\"
John W. Meyer
City of Centerville
Finance Director
PS: Attached is a copy ofthe Tax Increment Financing Plan
4/
COUNTY OF ANOKA
OFFICE OF COUNTY ADMINISTRATION
GoVERNMENT CENTER
2100 3RD AVENUE · ANOKA, MINNESOTA 55303-2265
(763) 323-5700
July 27,2005
JOHN "JAY" McLINDEN
County Administrator
Mr. John W. Meyer, Fmance Director
City of Centerville
1880 Main Street
Centerville, MN 55038
Dear Mr. Meyer:
I would like to take this opportunity to thank you for your presentation at our county board meeting
yesterday.
Enclosed for your records is a certified motion relating to your presentation of the proposed Tax
Increment Financing District Number 1-6, (East Block 7 Redevelopment Project) in the city of
Centerville.
Should you have any questions regarding this matter, please do not hesitate to contact me.
SinCeDel:: ~~
0.., ~~~.~
"'hn "J ay" McLinden
County Administrator
JM:ts
Enclosure
I;AX: 763-323-5682
Affirmative Actiun I ~lJuul Opportunity Employ~r
.~.
TDD/HY: 7CJ]-J23-52S9
,fL
ANOKA COUNTY
CERTIFIED MOTION
John Meyer, Centerville Finance Director, distributed a revised plan dated August 24,2005, and
presented the proposed Tax Increment Financing District Number 1-6, (EastBlock 7 Redevelopment
Project) in the city of Centerville to the county board for their review and coinment, as required by
Chapter 469.175, subdivision 2, of the Laws of Minnesota. (Revised plan is on file in the County
Administration Office.)
STAlEOFMlNNESOTA )SS
COUNTY OF ANOKA )
I, John "Jay" Mclinden, County Administrator, Anoka County, Minnesota, hereby certify that I
have compared the foregoing copy of the minutes of the county board of said county with the original
record thereof on file in the Administration Office, Anoka County, Minnesota, as stated in the minutes of
the proceedings of said county board at a meeting duly held on July 26,2005, and that the same is a true
and com~ct copy of said original record and of the whole thereof, and that said Motion was duly passed by
said board at said meeting.
Witness my hand and sealed this 26th day of July 2005.
2fh/!~1"-~
~unty Admin.i~tralor ___~_
13
EXHIBIT 4
Proposed Development - Village Market (Phase One)
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11
Member
introduced the following resolution and moved its adoption:
CITY OF CENTERVILLE
RESOLUTION NO.
RESOLUTION ADOPTING THE TAX INCREMENT FINANCING PLAN FOR AND THE CREATION OF
TAX INCREMENT FINANCING DISTRICT NO. 1-6
BE IT RESOLVED By the City Council (the Council) of the City of Centerville, Minnesota (the
City) as follows:
Section 1. Recitals.
1.01. On September 23, 1987, the Council adopted a Development Program for Development
District No.1, pursuant to and in accordance with Minnesota Statutes Sections 469.124
through 469.134 (previously Chapter 472A).
1.02. It has been proposed that the City create a Plan for Tax Increment Financing District No.
1-6.
1.03. The Council has investigated the facts and has caused to create the Tax Increment
Financing Plan (Plan) for Tax Increment Financing District No. 1-6.
1.04. The City has performed all actions required by law to be performed prior to the adoption
of the Plan, including, but not limited to, notification of Anoka County and the
Independent School District and holding a public hearing regarding the Plan upon such
notice as is required by law.
1.05. The Plan is contained in a document entitled "Tax Increment Financing Plan, for Tax
Increment Financing District No. 1-6, City of Centerville" dated August 24,2005, on file at
city hall.
1.07. The City Council has fully reviewed the contents of the Plan and has on this date
conducted a public hearing thereon at which the views of all interested persons were
heard.
Section 2. Findinas Relatina to the Plan for Tax Increment Financina District No. 1-6.
2.01. It is found and determined that it is necessary and desirable for the sound and orderly
development of the District and the City as a whole, and for the protection and
preservation of the public health, safety, and general welfare, that the authority of the TIF
Act be exercised by the City to create the Plan for Tax Increment Financing District No.
1-6.
2.02. It is further found and determined, and it is the reasoned opinion of the City, that the
actions proposed in the Plan for Tax Increment Financing District No. 1-6, could not
reasonably be expected to occur solely through private investment within the reasonably
19
foreseeable future and that therefore the use of tax increment financing is necessary to
assist the project.
2.03. The expenditures proposed to be financed through tax increment financing are
necessary to permit the City to realize the full potential of the District in terms of
development intensity and tax base.
2.04. The creation of the Plan for Tax Increment Financing District No. 1-6 will afford maximum
opportunity, consistent with the sound needs of the City as a whole, for the development
of the tax increment financing district by private enterprise.
2.05. The Plan conforms to the plans for development of the City as a whole.
2.06. The City Council has relied upon the opinions and recommendations of its staff and the
personal knowledge of the members of the council in reaching its conclusions regarding
the creation of the Plan.
2.07. Tax Increment Financing District No. 1-6 is a redevelopment tax increment financing
district within the meaning of Minnesota Statutes Section 469.174, Subd. 10.
Section 3. ADDroval of the Tax Increment Financina Plan.
3.01. The Plan for Tax Increment Financing District No. 1-6 is hereby adopted and the district
is hereby created.
3.02. The Finance Director is authorized and directed to file a copy of the Plan for Tax
Increment Financing District No. 1-6 with the Minnesota Department of Revenue.
DATED:
ATTEST:
Teresa Bender, City Clerk
Mary Capra, Mayor
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
And the following voted against same:
Whereupon said resolution was declared duly passed and adopted.
58
CITY COUNCIL MEMO
Date:
To:
From:
August17,2005
Mayor, City Council, Planning and Zoning & Staff
John W. Meyer - Finance Director
Subiect:
Great News - Additional Grant Funds for Redevelopment
The City of Centerville will be receiving $200,000 in Community Development
Block Grant funds from Anoka County to assist in the redevelopment of "East
Block 7". These grant dollars can be used for demolition, clearance and site
improvements to support the redevelopment of the site. Attached is the grant
agreement for city council approval.
51
2005-0181
ANOKA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
AGREEMENT
between
THE COUNTY OF ANOKA,
A POLITICAL SUBDIVISION OF THE STATE OF MINNESOTA,
BY AND THROUGH THE ANOKA COUNTY HOUSING & REDEVELOPMENT AUTHORITY,
A PUBLIC BODY CORPORATE AND POLITIC
AND
CITY OF CENTERVILLE
This' Agreement is entered into this 1st day of July, 2005, between the County of Anoka, 'a political
subdivision of the State of Minnesota, by and through the Anoka County Housing and Redevelopment Authority, a
public body corporate and politic (hereinafter referred to as the "HRA"), and City of Centerville (hereinafter referred to
as the "Agency"):
RECITALS
A. The County of Anoka (hereinafter "County") is an urban county applicant for block grant funds under the
Housing and Community Development Act of 1974 (the Act), Pub. L. 93-383 as amended, and will receive
block grant funds for the purpose of carrying out eligible community development and housing activities
under the Act and under regulations promulgated by the Department of Housing and Urban Development
(HUD) at 24 CFR p. 570;
B. An Urban County Consortium has been established by a Joint Cooperation Agreement between the County
and municipal corporations within the County, the terms of which specify allocation of block grant funds to
those participating jurisdictions for use in accordance with the County Housing Assistance and Community
Development Plans accepted by participating jurisdictions and reviewed by HUD;
C. The County has entered into a joint powers agreement with the HRA to administer the Community
Development Block Grant Program and delegated to the HRA the rights, duties and obligations to disperse,
monitor and administer funds under the Community Development Block Grant program, in a manner
consistent with terms and conditions imposed on the County by agreement, County resolution, HUD
regulations, and the Community Development Block Grant Plan;
D. The HRA desires to have certain services performed by the Agency as described within this agreement, and
as authorized by County resolutions for the purpose of implementing eligible activities under the Act and
HUD regulations;
E. It is appropriate and mutually desirable that the Agency be designated by the HRA to undertake the
aforementioned eligible activities, so long as the requirements of the Act, HUD Regulations, state law and
local law are adhered to, as provided for herein;
F. The purpose of this Agreement is to provide for cooperation between the HRA and the Agency, as the
parties in this agreement, in implementing such eligible activities in the manner described above;
G. The parties are authorized and empowered to enter into this Agreement by the Laws of the State of
Minnesota.
5J?-
H. The attached exhibits as listed below are hereby incorporated in this agreement and made a part hereof:
PART I.
PART II.
PART III.
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F
Exhibit G
GENERAL CONDITIONS
FEDERAL AND LOCAL PROGRAM REQUIREMENTS
EVALUATION AND RECORD KEEPING
HUD Project Activity Sheet
Objectives of CDBG Funds
Anoka County Board Resolution No. 85-23
Anoka County Board Resolution No. 85-42
Anoka County Board Resolution No. 86-70
Certification
Equal Employment Opportunity Certification
I. In consideration of payments, covenants, and agreements hereinafter mentioned, to be made and performed by
the parties hereto, the parties mutually covenant and agree as provided for in this agreement.
Hereinafter, references to the "County" shall be deemed to be references to the Anoka County Housing and
Redevelopment Authority.
-2-
53
PART I. GENERAL CONDITIONS
1. SCOPE OF AGREEMENT
The Agreement between the parties shall consist of the signature page, the general conditions; the federal,
state and local program requirements; the evaluation and record keeping requirements, each and every
project exhibit incorporated into the Agreement; all matters and laws incorporated by reference herein; and
any written amendments made according to the general conditions. This Agreement supersedes any and all
former agreements applicable to projects attached as exhibits to this Agreement.
2. SCOPE OF SERVICES
The Agency shall perform and carry out in a satisfactory and proper manner the services set forth in the
Exhibit(s) attached hereto. In the case of multiple projects, each project shall correspond to a separate
exhibit. This Agreement may be amended from time to time, in accordance with the general conditions, for
the purpose of adding new projects, amending the scope of work, or for any other lawful purpose.
3. COMMENCEMENT AND TERMINATION OF PROJECTS
Upon release of project-related funds by HUD pursuant to federal regulations, the County shall furnish the
Agency with written notice to proceed. No work on the proiect shall occur prior to the notice to proceed
without written approval from the County. Termination dates for individual projects shall be specified in the
appropriate exhibits and be in compliance with County Board Resolution #85-23, attached as Exhibit C.
Costs incurred after the termination date will not be reimbursed. The termination date may be changed
through amendment of this Agreement.
4. ADMINISTRATION
A. The Aoencv shall appoint a liaison person who shall be responsible for overall administration of block
. orant funded proiect(s) and coordination with the County Housinq and Community Development
Proqram. The Aoency shall also desiqnate one or more representatives who shall be authorized to
siqn the Disbursement Request Form.
B. For all agencies that are presently parties to Joint Cooperation Agreements with the County covering
planning, distribution of funds, and program execution under the Act, the Agency remains subject to
the provisions of such agreement.
5. COMPENSATION AND METHOD OF PAYMENT
A. The County shall reimburse the Agency for the services specified in the Exhibits in an amount
specified on Exhibit A. Reimbursement shall be based on a Community Development Disbursement
Request Form submitted with supporting documents and signed by the Agency's authorized
representative.
B. The Agency shall submit a fully completed and properly executed (dated and signed) Disbursement
Request Form no later than fifteen (15) working days after the close of each billing period. The County
will make payment to the Agency not more than twenty-one (21) working days after said invoice is
received and approved by Anoka County. The Agency shall submit any and all project reimbursement
requests prior to the project completion date noted in Exhibit A. Any project funds not spent by the
project completion date may be subject to recapture. Payment does not constitute absolute approval.
6. OPERATING BUDGET
The Agency shall apply the funds received from the County under this Agreement in accordance with the
requirements of the Exhibit(s) attached hereto.
-3-
c5L/
7. FUNDING ALTERNATIVES AND FUTURE SUPPORT
A. The Agency shall report all program income generated under this Agreement for the purposes
specified herein or generated through the project(s) funded under this Agreement. All program
income shall be fOlWarded to Anoka County, except as provided in Exhibit D. The County will
maintain a record of program income received by individual projects for future use by the sub grantee
for eligible CDBG activities:' .: .
B. The County makes no commitment to future support and assumes'no obligation for future support of
the activities contracted for herein.. except as expressly set forth in this Agreement.
C. Should anticipated sources of revenue not become available to the County for use in the Community
Development Block Program, the County shall immediately notify the Agency in writing and the County
will be released from all contracted liability Jor that portion of the Agreement covered by funds not
received by the County.
8. 'AMENDMENTS .
. Either..party may request modifications in the scope of services, terms, or conditions of this Agreement~
Proposed modifications that are mutually agreed upon shall be incorporated by written amendment to this
Agreement. A written amendment may affeCt a project or projects authorized by this Agreement or may be
of general application.
9. ASSIGNMENT AND SUBCONTRACTING
A. The Agency shall not assign any portion of this Agreement without the written consent of the County,
and it is further agreed that said consent must .be sought by the Agency riot less than fifteen (15) days
prior to the date of any proposed assignment.
. B. Any work or services assigned or subcontracted hereunder shall be subject to each provision of this
Agreement and proper bidding procedures contained therein. The' Agency agrees that it is as fully
responsible to the County for the acts and omissions of its subcontractors and of their employees a.nd
agents, as it is for the acts and omissions of its own employees and agents.
10. HOLD HARMLESS AND INDEMNIFICATION
A. The Agency further agrees that it is financially responsible (liable) for any audit exceptidn that occurs
due to its negligence or failure to comply with the terms of the Agreement.
B. The Agency agrees to protect and save the County, its elected and appointed officials,. agents, and
employees while acting within the scope of their duties as such, harmless from and against all claims,
demands, and causes of action of any kind or character, including the cost of defense thereof, arising
in favor of the Agency's employees or third parties on account of personal injuries, death or damage to
property arising out of services performed or omissions of services or in any way resulting from the
acts or omissions of the Agency and/or its agents, employees, subcontractors or representatives under
this Agreement.
11. INSURANCE
For all agencies that are not municipal corporations organized under the laws of the State of Minnesota, the
following insurance requirements shall apply:
A. Public Liability Insurance
The Agency shall obtain and niaintain continuously public liability insurance necessary to protect the
public on the subject premises naming Hie County of Anoka and the Anoka County Housing and
Redevelopment Authority as additional insured to the extent of One Million :and no/100 Dollars
($1,000,000.00) General Liability Insurance including bodily injury and property damage with umbrella
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excess liability of One Million and no/100 Dollars ($1,000,000.00) and provide proof of Worker's
Compensation Insurance pursuant to the Statutes of the State of Minnesota.
B. Buildinq Risk Insurance
The Agency shall cause to be maintained, during the period that contract work is in progress, All Risk
Builder's Insurance, (including fire, vandalism, malicious mischief and extended coverage) in an
amount not less than the value of destruCtible contract work in place.
C. Proof of Insurance
The Agency shall provide certificates of insurance required under this section, or, upon request of the
County, duplicates of the policies as evidence of the insurance protection afforded. Such insurance
policies shall not be reduced or canceled without thirty (30) days prior written notice to the County.
12. CONFLICT OF INTEREST
A. Interest of Officers, Employees, or Aqents - No employee, agent, consultant, officer, or elected or
appointed official of the Agency who exercises any functions or responsibilities with respect to Block
Grant Program activities assisted under this Program or who are in. a position to participate. in a
decision making process or gain inside information with regarq to such activities, may obtain a
personal or financial interest or benefit from the activity, or have an interest in any contract,
subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or
those with whom they have family or business ties, during their tenure or for one year thereafter.
B. . Interest of Subcontractor and Their Employees - The Agency agrees that it will incorporate into every
subconttact required to be in writing and made pursuant to this Agreement the following provisions:
The Contractor covenants that no person who presently exercises any functions or
responsibilities in connection with the Block Grant Program has any personal financial interest,
direct or indirect, in this Contract. The Contractor further covenants that he presently has no
c.interestand shall not acquire any interest, direct or indirect, which would conflict in any manner
ordegree with the performance of his services hereunder. The Contractor further covenants that
In the performance of this Contract no person having any conflicting interest shall be employed.
Any .interest on the part of the Contractor or his employees must be disclosed to the Agency and
the County.
13. DATA PRIVACY
All data collected, created, received, maintained, or disseminated, or used for any purposes in the course of
the Provider's performance of this Agreement is governed by the Minnesota Government Data Practices Act,
Minnesota Statutes 2003, Section 13.01 et seq. or any other applicable State statutes and any State rules
adopted to implement the Act, as well as State statutes and Federal regulations on data privacy. The
Provider agrees to abide by these statutes, rules, and regulations and as they may be amended.
14. TERMINATION
A. This Agreement is subject to termination upon thirty (30) days written notice by the County should:
(1) The Agency mismanage or make improper or unlawful use of Agreement funds;
(2) The Agency fail to comply with the terms and conditions expressed herein or the applicable
regulations and directives of the Federal Governm~nt, State, or County;
(3) The Agency fail to provide work or services expressed by this Agreement; or
(4) The Agency fail to submit reports or submit incomplete or inaccurate reports in any material
. respect.
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B. This Agreement may be terminated by the County immediately upon the receipt by the County of
notice of the loss of federal funding for the Community Development Block Grant Program or any
project of the Agency.
C. This Agreement is subject to termination upon thirty (30) days written notice by tne Agency should:
(1) The County fail in its commitment under this Agreement to provide funding for services rendered,
as herein provided; or'
(2) Block Grant funds become no longer available from the Federal Government or through the
County.
. D. Otherwise this Agreement shall terminate on the latest termination date specified on the Exhibit(s)
attached hereto and shall be subject to extension only by mutual agreement and amendment in .
accordance with the General Conditions of this Agreement except the County may terminate the
agreement if funds are not expended as required by Exhibit C.
E. Upon termination of this Agreement any unexpended balance of Agreement funds shall remain in the,
County Block Grant fund.
F. In the event that termination occurs under paragraph A (1) of this section, the Agency shall return to
the County all funds which were expended in violation of the terms of this Agreement.
~ ":: >.-i -.. '. .
15. REVERSION OF ASSETS . .'. ..
Upon the expiration or termination of this agreement, the Agency shall transfer to the County any CDBG .
funds on hand or in the accounts receivable attributable to the use of CDBG funds. In addition, at the ....
expiration or termination of this agreement, any real property under the Agency's control that was acquired. .
or improved in whole or in part with CDBG funds in excess of $25,000.00 shal! be disposed of in a manner,' .
which results in the agency being reimbursed in the amount of the current fair market value of the property, <' . '..
less any portion thereof attributable to the expenditures of non-CDBG funds for acquisition of,' or. .
improvement to, the real property. Such reimbursement shall not be required if the conditions of 24 CFR
570.503(b)(8)(i) are met and satisfied.
16. DISPOSITION OF PROGRAM INCOME
Upon the expiration or termination ofthis agreement, any unexpended program income or program income
that has not been spent on the project, shall be returned by the Agency to the County.
PART II. FEDERAL AND LOCAL PROGRAM REQUIREMENTS
1. GENERAL REQUIREMENTS
The Agency shall comply with the Housing and Community Development Act of 1974, Public Law 93-383 as
amended, and Implementing Regulations at 24 CFR p. 570.
2. PROCUREMENT STANDARDS
In awarding contracts pursuant to this Agreement, the Agency shall comply with all applicable requirements
of local and state law for awarding contracts, including but not limited to procedures for competitive bidding,
contractor's bonds, and retained percentages. In addition, the Agency shall comply with the requirements of
the U.S. Office of Management and Budget Circular A-1 02 or A-11 0 as appropriate, relating to bonding,
insurance and procurement standards; and with Executive Order 11246 regarding nondiscrimination bid
conditions for projects over Ten Thousand and no/100 Dollars ($10,000.00). Where federal standards differ
from local or state standards, the stricter standards shall apply. The federal standard ofTen Thousand and
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no/100 Dollars ($10,000.00) for competitive bidding shall apply only if the applicable state or local standard
for competitive bidding is less strict than Ten Thousand and no/100 Dollars ($10,000.00).
3. ENVIRONMENTAL REVIEW
A. National Environmental Policy Act - The County retains environmental review responsibility for
purposes of fulfilling requirements of the National Environmental Policy Act as implemented by HUD
Environmental Review Procedures (24 CFR pt. 58). The County may require the Agency to furnish
data, information and assistance for the County's review and assessment in determining whether an
Environmental Impact Statement must be prepared.
B. State Environmental Policy Act - Agencies that are branches of government under Minnesota Law,
retain responsibility for fulfilling the requirements of the State Law regarding environmental policy and
conservation, and regulations and ordinances adopted thereunder. If the agency is not a branch of
government under Minnesota Law, the County may require the agency to furnish data, information and
assistance as necessary to enable the County to comply with the State Environmental Policy Act.
C. Satisfaction of Environmental Requirements - Project execution under thi,s Agreement by either thE;!
County orthe Agency shelll not proceed until satisfaction of all applicable requirements of the National .
and State Environmental Policy Acts. A written notice to proceed will not be issued by the County until
all such requirements have been met.
4. NON.DISCRIMINATION
A. General
The Agency shall comply with allJederal, state and local laws prohibiting discrimination on the basis of
age, sex, sexual orientation, manta I status, race, creed, color, national origin or the presence of any
sensory, mental or physical handicap or any other basis now or hereafter prohibited by Law. These
requirements are specified in Section 109 of the Housing and Community 'Development Act of 1974;
Civil Rights Act of 1964, TitleVI;'Ci'ilil. Rights Act of 1964, Title VII; Executive Order 11063; Executive.
Order 11246; and Section30f the Housing and Urban Development Act of 1968. Specifically, the
Agency is prohibited from taking any discriminatory actions defined in the HUD Regulations at 24 CFR
570.602 Section 109 and shall take such affirmative and corrective actions as are required by the
Regulations at CFR 570.602. These requirements are summarized in the following paragraphs:
B. Proqram Benefit
The Agency shall not discriminate against any resident of the project service area by denying benefit
from or participation in any block grant funded activity on the basis of race, color, sex, sexual
orientation, or national origin. (Civil Rights Act of 1964, Title VI; Civil Righfs Act of 1964, Title VII;
Section 109, Housing and Community Development Act of 1974).
~C. Fair Housinq
The Agency shall take necessary and appropriate actions to prevent discrimination in federally
assisted housing and lending practices related to loans insured or guaranteed by the federal
government. (Civil Rights Act of 1964, Title VII; Executive Order 11063)
D. Employment
(1) In all solicitations under this Agreement, the Agency shall state that all qualified applicants will
be considered for employment. The words "equal opportunity employer" in advertisements shall
constitute compliance with this section.
(2) The Agency shall not discriminate against an employee or applicant for employment in
connection with this Agreement because of age, marital status, sexual orientation, race, creed,
color, national origin, or the presence of any sensory, mental or physical handicap, except when
there is a bona fide occupational limitation. Such action shall include, but not be limited to the
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following: Employment upgrading, demotion or transfer, recruitment or recruitment advertising,
layoff or termination, rates of payor other forms of compensation, and selection for training.
(Executive Order 11246 as amended)
(3) To the greatest extent feasible, the Agency shall provide training and employment opportunities
for lower income residents within the area served by block grant assisted projects (Section 3,
Housing and Community Development Act of 1968, as amended).
E. Contractors and Suppliers
(1) No contractor, subcontractor, union or vendor engaged in any activity under this Agreement shall
discriminate in the sale of materials, equipment or labor on the basis of age, sex, sexual
orientation, marital status, race, creed, color, national origin, or the presence of any sensory,
mental, or physical handicap. Such practices include upgrading, demotion, recruiting, transfer,
layoff, termination, pay rate, and advertisement for employment. (Executive Order 11246 as
amended.)
(2) '. All firms and organizations describedabove shall be required tp submit to the Agency certificat~s
of compliance demonstrating that they have, in fact, complied with the foregoing provisions;
.' provided, that certificates of compliance shall not be required from firms and organizations on
contracts and/or yearly sales o{less than $10,000.
(3) To the greatest extent feasible, the Agency shall purchase supplies and services for actiyities
under this agreement from vendors and contractors whose businesses are located in the area
served by block grant funded activities or owned in substantial part by project area residents.
(Section 3, Housing and Community Development Act of 1968, as amended.)
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F. Notice
(1) The Aqencv shall include the provisions of the appropriate precedinq subsections A. B. C, D.
and E of this section in every contract or purchase order forqoods and services under this
Aqreement and shall send to each labor union or representative of workers with which it has a
collective bargaining agreement or other contract or understanding a notice advising the said
labor union or worker's representative of the commitments made in these subsections.
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(2) In advertising for employees, goods or services for activities under this Agreement, the agency
shall utilize minority publications in addition to publications of general circulation.
5. LABOR STANDARDS
The Agency shall require that project construction contractors and subcontractors pay their laborers and
mechanics at wage rates in accordance with the Davis-Bacon Act, as amended (40 USC sections 327-333);
provided that this section shall not apply to rehabilitation of residential property designed for residential use
by fewer than eight families.
A copy of the current Davis-Bacon wage rate and HUD form 4010 and 92010 (copies of which are attached
hereto) must be included in all construction bid specs and contracts over Two Thousand and no/100 Dollars
($2,000.00).
6. PROPERTY MANAGEMENT
A. The Agency agrees that any non expendable personal property, purchased wholly or in part with
agreement funds at a cost of Five Hundred and no/100 Dollars ($500.00) or more per item, is upon its
purchase or receipt the property of the County and/or federal government. Final ownership and
disposition of such property shall be determined under the provisions of the U.S. Office of .
Management and Budget Circular No. A-102 or A-11 0 as appropriate.
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B. The Agency shall be responsible for all such property, including its care and maintenance.
C. The Agency shall admit the County's property management officer to the Agency's premises for the
purpose of marking such property, as appropriate, with county property tags.
D. The Agency shall meet the following procedural requirements for all such property:
(1) Property records shall be maintained accurately and provide for: a description of the property;
manufacture~s serial number or other identification number; acquisition date and cost; source of
the property; percentage of block grant funds used in the purchase of property; and location,
use, and condition of the' property.
(2) A physical inventory of property shall be taken and the results reconciled with the property
records at least once every two (2) years to verify the existence, current utilization, and
continued need for the property.
(3) A control system shall be in effect to insure adequate safeguards to prevent loss, damage, or
theft to the property. Any loss, damage, or theft of the property shall be investigated and fully"
documented.
(4) Adequate maintenance procedures shall be implemented to keep the property in good condition.
7. ACQUISITION AND RELOCATION
A. Any acquisition of real property for any activity assisted under this Agreement shall comply with Title III
of the Federal Uniform Relocation Assistance and Real. Prop'ertyAcquisition Policies Act of 1970
(hereinafter referred to as the Uniform Act) (42 USC section4601) and the Regulations at 24 CFR pt.
42.
B. Any displacement of persons, businesses, nonprofit organizationsorfarms as the result of acquisition
of real property assisted under this Agreement shall.comply with Title II of the Uniform Act as amended
by the Uniform Relocation Act as amended Title IV of the Surface Transportation and Uniform
Relocation Assistance Act as amended (Pub. l 100-17,101 Stat:-246~256) and the Regulations at 49
CFR pt. 24. The Agency shall comply with the Regulations pertaining to costs of relocation and written
policies, as specified by 24 CFR section 570.606 (a) & (b).
C. In any activity assisted under this agreement which results in demolition or conversion to another use
of low/moderate income housing, the agency will follow the requirements set forth in the revised
section 104(d) of the Housing and Community Development Act of 1974, as amended, and
implementing regulations.
8. HISTORIC PRESERVATION
The Agency shall meet the historic preservation requirements of Public Law 89-665 and the Archeological
and Historic Preservation Act of 1974 (Pub. L. 93-291) and Executive Order 11593, including the procedures
prescribed by the Advisory Council on Historic Preservation in the Regulations at 36 CFR pt. 800. Activities
affecting property listed in or found to be eligible for inclusion in the National Register of Historic Places will
be subject to requirements set forth in HUD Environmental Review Procedures at 24 CFR pt. 58.
9. ARCHITECTURAL BARRIERS
Any facility constructed pursuant to this Agreement shall comply with design requirements of the
Architectural Barriers Act of 1968 (42 USC section 4151 et. seq. & 24 CFR 40, et. seq.).
10. NON PARTICIPATION IN POLITICAL ACTIVITIES
The Agency shall comply with the provisions of the Hatch Act (5 USC Chapter 15).
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11. CONDITIONS FOR RELIGIOUS ORGANIZATIONS
The Agency agrees that funds provided under this contract will not be utilized for religious activities, to
promote religious interests, or for the benefit of a religiolJs organization in accordance with the Federal
regulations specified in 24 CFR 570.2000).
12. NATIONAL FLOOD INSURANCE
The Agency may not receive Community Development Block Grant funding for acquisition or construction for
use' in any area that has been identified as having special flood hazards and is not participating in the
National Flood Insurance Program, as provided by Section 3(a) ofthe Flood Disaster Protection Act of 1973
(Pub. L.93- 234) and the Regulations thereunder (24 CFR Ch. 58.6, sub chap. B). The Agency shall comply
with the Regulations at 24 CFR section 570.605.
13. AIR AND WATER POLLUTION
The Agency shall comply with the provisions of the Clean Air Act, as amended (42 USC section 1857 et
~ and the Federal Water Pollution Control Act, as amended (33 USC sections 1251 et ~ and the
regulations issued thereunder (40 CFR pt. 15).
14. LEAD-BASED PAINT POISONING
The Agency shall comply with the HUD Lead-Based Paint Regulations (24 CFR pt. 35) issued pursuant to
the Lead-Based Paint Poisoning Prevention Act (42 USC sections 4831 et m) requiring (1) prohibition of
the use of lead-based paint (whenever funds under this Agreement are used directly or indirectly for
construction, rehabilitation, or modernization of residential structures); (2) elimination of immediate
lead;;.basedpaint hazards in residential structures; and (3) notification of the hazards of lead-based paint
. ,'poisoning.to purehasers and tenants of residential structures constructed prior to 1978.
:-. , .; :";.,' "':'
All work performed on lead-containing surfaces must conform to lead-safe practices and be comp.leted by
workers who are either supervised by an EPA-certified abatement supervisor or be performed by workers
: trajhe(rihlead~safe work practices. If abatement options are specified in the work write-up, the contractor
. .. . musthirean EPA-certified and state-licensed abatement contractor and submit proof of their current ~tate
.. ;' ljoenseand insurances.
.' ,;'. ~. .,;~
15~ NON-DISCRIMINATION BASED ON DISABILITY
When and where applicable, the agency shall comply with Section 504 of the Rehabilitation Act of 1973, as
amended (29 U.S.C. 794) and Title II of the Americans with Disabilities Act as amended, Public Law 101-
336 (1990), to ensure that no otherwise qualified individual with a disability in the United States shall, solely
by reason of his or her handicap, be excluded from participation in, be denied the benefits of, or be
subjected to discrimination under any program or activity receiving financial assistance under this
agreement.
16. NON-SUBSTITUTION FOR LOCAL FUNDING
The Block Grant Funding made available under this Agreement shall not be utilized by the Agency to reduce
substantially the amount of local financial support for community development activities below the level of
such support prior to the availability of funds under this Agreement.
17. PUBLIC OWNERSHIP
For Agencies which are not municipal corporations organized under the laws of the State of Minnesota, it
may become necessary to grant the County a' property interest where the subject project calls for the
acquisition, construction, reconstruction, rehabilitation, or installation of publicly-owned facilities and
improvements. The Agency shall comply with current County policy regarding transfer of a property interest
sufficient to meet the public ownership requirement.
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18. PUBLIC INFORMATION
A. In all news releases and other public notices related to projects funded under this Agreement, the
Agency shall include information identifying the source of funds as the Anoka County Community
Development Slock Grant Program.
S. For all construction projects the Agency shall erect a sign to County specifications at the construction
site, identifying the source of funds, except that this requirement may be waived for construction
projects ofTen Thousand and no/100 ($10,000.00) Dollars or less.
19. APPLICABLE UNIFORM ADMINISTRATIVE REQUIREMENTS
A. An Agency (recipients and subrecipients) that is a governmental entity (including public agencies) shall
comply with the requirements and standards of OMS Circular No. A-87, .Cost Principles for State.
Local and Indian Tribal Governments"; OMS Circular A-128, "Audits of State and Local Governments
(implemented at 24 CFR part 44); and with the following sections of 24 CFR Part 85 "Uniform
Administrative Requirements for Grants and Cooperative Agreements to State and Local
Governments" or the related CDSG provision, as specified in this paragraph:
(1) Section 85.3, "Definitions";
(2) Section 85.6, "Additions and Exceptions";
(3) Section 85.12, "Special grant or subgrant conditions for 'high-risk' grantees";
(4) Section 85.20, "Standards for financial management systems," except paragraph (a);
(5) Section 85.21, "Payment," except as modified by ~ 570.513;
(6) Section 85.22, "Allowable costs";
(7) Section 85.26, "Non-federal audits"; , "'.--..
(8) Section 85.32, "Equipment," except in all cases in which the equipment is soldj th~:P(Q.C!3~~~ !:. .
shall be program income;
(9) Section 85.33, "Supplies";
(10) Section 85.34, "Copyrights";
(11) Section 85.35, "Subawards to debarred and suspended parties";" ~:':'f':',\-"~'
(12) Section 85.36, "Procurement," except paragraph (a); ;:.'<: ';';, .
(13) Section 85.37, .Subgrants"; "
(14) Section 85.40, "Monitoring and reporting program performance,. except paragraphs (b) through
(d) and paragraph (ij;
(15) Section 85.41, "Financial reporting," except paragraphs (a), (b), and (e);
(16) Section 85.42, "Retention and access requirements for records," except that the period
shall be four years;
(17) Section 85.43, "Enforcement";
(18) Section 85.44, "Termination for convenience";
(19) Section 85.51, "Later disallowances and adjustments" and
(20) Section 85.52, "Collection of amounts due."
B. An Agency (subrecipient), except agencies that are governmental entities, shall comply with the
requirements and standards of OMS Circular No. A-122, "Cost Principles for Non-profit Organizations"
or OMS Circular No. A-21, "Cost Principles for Educational Institutions," as applicable, and OMS
Circular A-133, "Audits of Institutions of Higher Education and Other Non-profit Institutions (as setforth
in 24 CFR part 45). Audits shall be conducted annually. Such subrecipients shall also comply with the
following provisions of Uniform Administrative requirements of OMS Circular No. A-110 (implemented
at 24 CFR part 84, "Uniform Administrative Requirements for Grants and Agreements with Institutions
of Higher Education, Hospitals and Other Non-profit Organizations") or the related CDSG provision as
specified in this paragraph:
(1) Subpart A - "General";
(2) Subpart S - "Pre-Award Requ,irements," except for S 84.12, "Forms for Applying for
Federal Assistance";
(3) Subpart C - "Post-Award Requirements," except for:
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(i) Section 84.22, "Payment Requirements." Grantees shall follow the standards of
9985.20 (b) (7) and 85.21 in making payments to subrecipients;
(ii) Section 84.23, "Cost Sharing and Matching";
(iii) Section 84.24, "Program Income." In lieu of 9 84.24, CDBG subrecipients shall follow
9 570.504;
(iv) Section 84.25, "Revision of Budget and Program Plans";
(v) Section 84.32, "Real Property." In lieu of 9 84.32, CDBG subrecipients shall follow
9 570.505;
(vi) Section 84.34(g), "Equipment." In lieu of the disposition provisions of 9 84.34(g), the
following applies:
(A) In all cases in which equipment is sold, the proceeds shall be program income
(prorated to reflect the extent to which CDBG funds were used to acquire the
equipment); and
(B) Equipment not needed by the subrecipient for CDBG activities shall be transferred
to the recipient for tee CDBG program or shall be retained after compensating the
recipient;
(vii) Section 84.51 (b), (c), (d), (e), (f), (g), and (h), "Monitoring and Reporting Program
Performance";
(viii) Section 84.52, "Financial Reporting";
(ix) Section 84.53(b), "Retention and access requirements for records." Section 84.53(b)
applies with the following exceptions:
(A) See the retention period referenced in 9 84.53(b) pertaining to individual CDBG
activities; and
(B) The retention period starts from the date of submission of the annual performance
and evaluattQl1{eport, as. prescribed in 24 CFR 91.520, in which the specific
activity is repOrted on for the final time rather than from the date of submission of
the final expenditure report for the award;
(x) Section 84.61, "Termination." In lieu of the provisions of 984.61, CDBG subrecipients
shall comply with~57.0.503(b)(7); and
(4) Subpart 0 - "After;-the~Award Requirements," except for 984.71, "Close-out Procedures."
PART III. EVALUATION AND RECORD KEEPING
1. EV AlUA TION .
The Agency agrees to participate with the County in any evaluation project or performance report, as
designed by the County or the appropriate Federal agency, and to make available all information required by
any such evaluation process. Accomplishment data verifying the project's benefit to its designated target
_ population must be gathered and maintained by the Agency. Projects unable to document the
accomplishment of designated benefits and goals will be required to-submit a written explanation for why
those goals/benefits were not met. If the project fails to meet the designated National Objective or Benefit,
the Agency may be required to reimburse allocated funds to HUD.
2. AUDITS AND INSPECTIONS
The Agency shall obtain an independent audit for any calendar year during which the agency expended at
least $500,000 of Federal funds. Qualified individuals who are sufficiently independent of those who
authorize the expenditure of Federal funds shall make such audit. The audit report shall state that the audit
was performed in accordance with the generally accepted governmental audit standards for financial and
compliance audits of the U. S. General Accounting Office Standards for Audit of Govemmental
Orqanizations. Proqrams. Activities. and Functions, and the provisions of OMB A-11 O. When applicable, the
Agency shall also comply with the audit requirements of revised OMB Circular A-133 dated June 24, 1997.
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The records and documents with respect to all matters covered by this contract shall be subject at all times
to inspection, review or audit by the County, Federal or State officials so authorized by law during the
performance of this contract and during the period of retention specified in this Part III.
3. RECORDS
As required by HUD Regulations, 24 CFR pt. 570, the Agency shall compile and maintain the following
records:
A. Financial Manaaement - such records shall identify adequately the source and application of funds for
activities within this Agreement, in accordance with the provisions of the U.S. Office of Management
and Budget Circular A-102 or A-110 as appropriate. These records shall contain information
pertaining to grant awards and authorizations, obligations, un-obligated balances, assets, liabilities,
outlays, and income.
B. Citizen Participation - Narrative and other documentation describing the process used to inform
citizens conceming the amount of funds available, the ranges of project activities undertaken, and
opportunities to participate in funded block grant projects.
C. Relocation -Indication of the overall status of the relocation workload and a separate relocation record
for each person, business, organization, and farm operation displaced or in the relocation workload.
.;,.:':.::.::
D. Property Acquisition - Agency files must contain (a) invitation to owner to accompany appraiser during
inspection, (b) at least one property appraisal, (c) statement of basis for determination of just
compensation, (d) written offer of just compensation, (e) all documents involving conveyance, (1)
settlement cost reporting statement, and (g) notice to surrender possession of premises.
,..'" .
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." ..~. .!'
E. Equal Opportunity - The Agency shall maintain racial, ethnic, and gender data showing the extent to
which these categories of persons have participated in, or benefited from, the activities carried out
under this Agreement. The Agency shall also maintain data which records its affirmative action in
equal opportunity employment, and its good-faith efforts to identify, train, and/or hire lower- income
residents of the project area and to utilize business concems which are located in or owned in
substantial part by persons residing in the area of the project.
. !
F. labor Standards - Records shall be maintained regarding compliance of all contractors performing
construction work under this Agreement with the labor standards made applicable by 24 CFR 570.603.
G. Determinations of Condition of Slum and Bliaht - The agency will submit:
(1) An attomey's opinion that an area designated as slum or blighted for the purpose of qualifying
a CDBG activity meets the State or local definition of same;
(2) The boundary of the area so designated;
(3) A list of the conditions the CDBG-funded activity is intended to address. In the event that a
single property is designated. as blighted, the community must submit a certified building
inspector's report on the conditions leading to that determination.
H. Economic Development - The agency will maintain copies of financial statements that indicate the
historical and projected income of a company approved for CDBG assistance. Those records will
include three years of profit and loss statements, balance statements and projected income
statements. The agency will also keep records indicating the amount and terms of assistance provided
together with an explanation of how the assistance provided meets the "necessary and appropriate"
requirements communicated in the June 2, 1987 Stokvis memorandum.
I. Such other records as may be required by the County and/or HUD.
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4. RETENTION OF RECORDS
Records documenting this 2005-funded project shall be retained by the Agency through June 30, 2011,
except as follows: (1) Records that are the subject of audit findings shall be retained for five (5) years after
such findings have been resolved. (2) Records for nonexpendable property shall be retained for five (5)
years after its .final disposition. Nonexpendable property is defined in the U.S. Office of Management and
Budget Circular No. A-102 or A-11 0 as appropriate.
5. REPORTS
The Agency shall submit such reports as required by the County on a monthly and annual basis and also
prior to project execution.
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EXHIBIT A
Grantee Name: Anoka County
Project Name: Centerville Demolition and Clearnace - 545
Description: IOIS Project #: 770/2005-0007 UOG Code: MN279003 ANOKA COUNTY
The city of Centerville will use CDBG funds to demolish and dear it site located at 7071/7673 Centervllfe Road. The City
owns this site and there is three structures standing vacant creating a neighborhood health/safety concern
Location:
707'1/7073 Ceriterville Road,
Centerville, MN
__~~~~~~~~~~~~~_~'1
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B
Expected Completion Date:
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National Objective Codes:
Explanation:
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Thi$project cinee~s c~' high priority in tOErAC C:bp~AlidateclPlall/fhiS ,
project ;'s ready togpand"cteatingasaf~tyc()n(jerh
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....
....
10 Housing Units
Proposed
Underway
Complete
Proposed
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Accompl. Type:
04 Oearance and Demolition 570.201(d)
.... Matrix Codes
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.... Matrix Codes
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Matrix Codes
PI CDBG .... Proposed Amt.
~ Actual Amount
lU Proposed Amt.
CD Fund Source: ....
>- Actual Amount
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tn Actual Units
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'- Accompl. Type: .... Proposed Units
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Fund Source: .... Proposed Amt.
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a
Exhibit B
Urban Anoka County CDBG
2005 Statement of Community Development
Objectives of Funds
Pursuant to Community Development Slock Grant regulation, Anok~ County has made available
to the public the following statement of final use of 2005 - 2009 Anoka County CDSG funds.
Citizens, non-project groups, and other interested persons are invited to comment upon this
statement and upon Anoka County's performance of the CDSG program by contacting Anoka
County Community Development, Government Center, ih Floor, 2100 Third Avenue, Anoka,
Minnesota 55303, telephone number 763-323-5709, Attention: Karen Skepper.
SPECIFIC OBJECTIVES
FOR 2005 - 2009 ANOKA COUNTY
CDBG PROGRAM
The following objectives have been established for assisting communities and citizen groups in
the formulation of specific program activities:
1. Provide Decent Housing
. Assist homeless persons obtain affordable housing
. Assist persons at risk of becoming homeless
. Retention of affordable housing stock
. Make available permanent housing that is affordable to low-income residents without
discrimination
. Increase the supply of supportive housing for persons with special needs
. Provide affordable housing that is accessible to job opportunities
2. Provide a Suitable Living Environment
. Improve the safety and livability of neighborhoods
. Increase access to quality facilities and services
. Reduce the isolation of income groups within an area through decentralization of
housing opportunities and revitalization of deteriorating neighborhoods
. Restore and preserve properties of special historic, architectural, or aesthetic value
. Conservation of energy resources
3. Expand Economic Opportunities
. Job creation and retention
. Establish, stabilize and expand small businesses
. Provision of public services concerned with employment
. Provision of jobs to low-income persons living in areas affected by those programs, or
resulting from activities under programs covered by the plan
. Available mortgage financing for low-income persons at reasonable rates
. Access to capital and credit for development activities that promote long-term economic
and social viability of the community .
. Empower low-income persons to reduce generational poverty in federally assisted
housing and public housing
The above objectives were developed in cooperation with the communities in Anoka County and
are based on need as illustrated by statistics drawn from 2000 Census data. Overall, they are a
continuation of past CDSG programs, and many communities sustaining efforts begun in those
years.
/;1
Exhibit C
BOARD OF COUNTY COMMISSIONERS
Anoka County, Minnesota
February 21, 1985 RESOLUTION NO. 85-23
DATE
OFFERED BY COMMISSIONER Langfeld
TIMELY EXPENDITURE OF C.D.B.G. FUNDS
WHEREAS, Anoka County is an Entitlement County and therefore receives
annual Community Development Block Grant (CDBG) allocations from the U.S.
Department of Housing and Urban Development; and,
WHEREAS, the Anoka County Board of Commissioners makes these CDl3G fvnds
available to municipalities in Anoka County for eligible projects; and,
WHEREAS, Anoka County, as the grantee, is resPonsible for the timely
expenditure of CDBG funds; and,
WHEREAS. Ai1okaCounty's performance is 'measUred in part by such timely
performance; and,
WHEREAS, Anoka County may be subject to HUD fiscal sanctions for failure to
expend CDBG funds within a reasonable period of time:
NOW, . THEREF9RE, BE IT RESOLVED that the .Anoka County Board of
Commissioners adopts the following Policy Regarding Schedule for Expenditure of
Community Development Block Grant Funds by Anoka County Subgrantees:
POLICY REGARDING SCHEDULE FOR EXPENDITURE OF
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
BY ANOKA COUNTY SUB GRANTEES
Community Development Block Grant Funds will be reserved for eligible budgeted
subgrantee activities for up to 18 months after notice of availability of such funds for
expenditure. If ~ community fails to eXpend CDBG project funds within that time
limit, the Anoka County Board of Commissioners will withdraw the allocation for that
project.
In order that communities may have adequate notice of the impending withdrawal,
County CDBG staff will notify those communities which have not COlT!lTlitted CDBG
project funds within 12 months after the start of the applicable CDBG program year of
that condition. Such notice will enable those communities to re-evaluate projects and
to program the funds if necessary.
Those communities which ore in violation of the 18 month rule at the time of adoption
of this policy will be given six months from the date of the County Board Resolution
referencing this policy, to expend their. CDBG project funds. A' the end of the six
month period, the funds will be subject to withdrawal.
Hie Anoka County Board may on on individual case basis, elect to waive the 18 month
rule if the Board should determine that the project delay is caused by forces outside
the control of the community and that project completion is feasible within a
reasonable amount of time.
Funds which revert to Anoka County sholl be reallocated at the discretion of the.
County Board to either other projects submitted by communities or to County-wide
activities. .
Any community based groups or other subgrantees of communities must be notified of
this policy when they are considered for CDBG funding.
r;f
Exhibit D
BOARD OF COUNTY COMMISSIONERS
Anoka County. Minnesota
DATE
April 23, 1985
RESOLUTION NO.
85-42
OFFERED BY COMMISSIONER Langfeld
COUNTY BOARD POLlCY"-
. COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM INCOME
AMENDING RESOLUT'ONS 8/-107 AND 82-53
WHEREAS, Title I of the Hqusing and Community Development Act of 1974 as
amended provides for a program of Community Development Block Grants; and,
WHEREAS, the Anoka County Board of Commissioners has been designated as an
"Urban County" by the Federal Housing and Urban Development Deportment and
consequently is eligible; to participate in the National ComrT1unity Development BloCk.
Grant Program; and,
WHEREAS, the'. Anoka County Board of Commissioners has directed the.
preparation of a plan under the Community Development Block Grant Program in
concert with the municipalities of Anoka County; and, .
WHEREAS, as a portion of said plan, municipalities as the sub-grantee of
Community Development Block Grant funds may utilize said funds in various program
forms to benefit low and moderate income persons, to aid in the prevention or.
elimination of slums or blight or to meet other community development needs having 0
particular urgency because of threat to health and safety; and, \ .
WHEREAS; "program income" means gross income earned by the sub-grantee
from the grant supported activity such as: proceeds from the sale of real or personal
property, interest earned on escrow accounts, revolving rehabilitation accounts or
lump sum rehabilitation accounts, income from service fees, sale af commodities,
usage or rental fees, loon proceeds from rehabilitation or economic development loans,
and interest earned on revolving loans and proceeds from special ossessments levied to
recover the cast of constructing 0 public'works or facility to the extent that such cost
was initially paid with the Community Development Block Grant funds; and,
WHEREAS, in accordanCe with Federal regulations, Anoka County os the
Community Development Block Grant recipient must receive all program income. The
County then may use said funds for any eligible Community Development Block Grant
activity and the County must expend revenues generated by program income before
further drawdown requests will be authorized; and, .
WHEREAS, payments of interest and principal due on economic . development
loons to private industry, which are mode to a revolving loan account which was
approved os 0 CoO.G.B. grant to 0 State-certifie.d local development corporation are
not considered by HUD to be "program income": .
NOW, TflEREFORE, BE IT RESOLVED that the Anoka County Board of
Commissioners does hereby establish as a matter,of policy that:
I) All income from CDBG-funded activities which meets the above definition of
program income, shall be promptly forwarded to Anoka County.
2) Each LDC which has a CDBG revolving loan account for economic development
will retain loaf) r~payments within the account for continued use for economic
development and that the County or the city will execute an agreement with the
LDC which will inclu<;fe:
0) Prohibition of conflict of interest as provided in HUD Regulation 24CF.R
Part 570.611.
b) . Compliance with Title' VI of the Civil Rights Act of 1964.
c) Requirement for the LDC to submit quarterly reports to the Anoka County'
Community Development Director regarding the use and results of
expenditure of funds from the revolving loan account for so long as Anoka
. County remains on entitlement county.
d) Any other provisions required by State or Federal low or regulation.
~'}
Exhibit E
BOARD OF COUNTY COMMISSIONERS
Anoka County I Minnesota
August 12, 1986 RESOLUTION NO.
Haas Steffen
86-70
DATE
OFFERED BY COMMISSIONER
COUNTY BOARD POLlC.Y -
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM INCOME
AMENDING RESOLUTION 85-42
WHI;REAS, Title I of the Housing and Community Development Act of 1974 as
amended provides for a program of Community Development Block Grants; and,
WHEREAS, the Anoka County Boord of Commissioners has been designated as on
"Urban County" by the Federal Housing and Urban Development Deportment and
consequently is eligible to participat~ in the National Community Development Block
Grant Program; and,
WHEREAS, the ,A.noka County Board of Co."missioners has directed the,
.preparation of 0 plan under the Community Development Block Gra~t Program. if'
concert with the municipalities of Anoka County; and,
WHEREAS, . as a portion of said plan, municipalities as the sub-grantee of
Community Dev~lopment Block Grant funds may utifize said funds in various program
forms to benefit low and moderate income persons, to aid in the preventi(;jn or
elimination of slums or blight or to meet other community development needs h~ing a
particular urgency because of threat to health and safety; and, .
WHEREAS, "program income" means income earned by the sub-grantee.from the
grant supported activity such as: proceeds from the sale of real or personal property,
interest earned on escrow accounts, revolving rehabilitation accounts or lump sum
rehabilitation accounts, income from service fees, sale of commodities, usage or
rental fees, I!>an proceeds from rehabilitation or economic development loans, and
interest earned on revolving loans and proceeds from special assessments levied to
recover the cost of constructing a public works or facility to the extent that such cost
w~ initially paid with the Community Development Block Grant funds; and,
WHEREAS, in accordance with Federal regulations, Anoka' County os the
Community Development Block Grant recipient must receive all pr09ram income, to
be used for any eligible Community Development Block Grant activity and the County
must expend revenues generated by program income before further drawdown requests
will be authorized:' "
NOW, THEREFORE, BE IT RESOLVED that the Anoka Coun.ty Board of
Commis.sioners does hereby establish os 0 matter of policy that:
I) All CDBG program income meeting the above definition, except payments to 0
County-approved LDC revolving loon account, shall be promptly forwarded to
Arioka County. .
2} Each LDC which has a CDBG revolving loan account for economic development
will retain loan repayments within the account for continued use for economic
development subject to 011 CDBG regulations, and that the County or the city
will execute an agreement with the LDC which will include:
a) Prohibition of conflict of . interest as provided in HUD Regulation 24CFR
Part S70.61 I.
b) Compliance with Titl~ VI of the Civil Rights Ac:t of 1964.
c) Requirement for the LDC to submit quartedy reports to the Anoka County
Community Developtllent Director regarding the use and results of
expel)diture of funds from the revolving loan account for so long os Anoka
County rem?ins an entitlement county.
d) Any other provisions "required by State or F ederallaw or regulation.
3) Anoka County has established os ~f May I, 1985, Q revolvi~g loan account for
deposit of 011 economic development loon payments received by Anoka County.
BE'IT FURTHER RESOLVED that, all program income received by Anoka County
from activities funded in total or part from a municipality's CDBG project will
increase that community's budget for eligible CDBG activities and sholl therefore be
availqbJe to the community for future expenditure pursuant to the "Joint Cooperation
Agreement in effect at the time of expenditure.
1{)
Exhibit F
CERTIFICATION
The Undersigned, on behalf of the Agency, certifies, to the best of his or her knowledge and belief, that:
(1) No federally appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any
person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any
Federal contract, the making of any Federal grant, the making of any Federal loan, the entering of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant;
loan or cooperative agreement
(2) If any funds other than federally ,appropriated funds have been paid or will be paid to any pers9n for .
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an 'officer Or
employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant,
loan, or cooperative agreement, the undersigned shall complete and submit Standard Forrn-lll, "Disclosure Form to
Report Lobbying,' in accordance with instructions.
(3) The undersigned shall require that the language of this certification be included in the award documents for
all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative
agreements) and that all subrecipients shall certify and disclose accordingly. '
This certification is a material representation of fact upon which reliance was placed when this transaction was made
or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed
by Section 1332, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil
- penalty of not less that $10,000 and not more than $100,000 for each such failure.
AGENCY:
By:
By:
Its:
Its:
Date:
Date:
"1/
Equal Employment
Opportunity Certification
Excerpt From 41 CFR S60-1.4(b)
Exhitit G
u.s. Department of Housing
and Urban Development
Office of Housing ,
Federal Housing Commissioner
Department of Veterans Affairs
The applicant hereby agrees that it will incorporate or cause to be
incorporated into any contract for construction work, or modifi-
cation thereof, as defined in the regulations of the Secretary of
Labor at 41 CPR Chapter 60, which is paid for in whole or in part
with funds obtained from the Federal Government or borrowed
on the credit of the Federal Government pursuant to a grant,
contract, loan insurance, or guar;wtee, or undertaken pursuant to
any F,ederal program involving such grant, contract, loan, insur:
ance, or guarantee, the following equal opportunity clause:
During the performance of this contract, the contractor agrees as
follows: .
(1)
The contractor will not discriminate against any employee or
applicant for employment because of race, color, religion,
sex, or national ()rigin. The contractor wilrtak~ affirmative
action to ensure that applicants are employed, ~d that em-
ployees are treated dUring employment without regard. to
their race, color, religion, sex, or national, origin, such actIon
shall include. but not be limited to the following: Employ-
ment, upgrading, demotion, or transfer; recruitment or re-
cruitment advertising; layoff or termination; rates of payor
other forms of compensation; and selection for training,
including apprenticeship. The contractor agrees to post in'
conspicuous places, available to employees and applicants
for employment, notices to be provided setting forth the
provisions of-this nondiscrimination clause.
The contractor will, in all solicitations or advertisements for
employees placed by or on behalf of the contractor, state that
all qualified applicants will receive considerations for em-
ployment without regard tei race, color, religion, sex, or
national origin.
The contractor will send to each labor union or representative
of workers with which it has a collective bargaining agree-
ment or other contract or understanding, a notice to be
pfovided advising the said labor union br workers: repre~en-
tatives of the contractor's commitments under thIS secnon,
and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
The contractor will comply with all provisions of Executive
Order 11246 of September 24, 1965, and of the rules, regu-
lations and relevant orders of the Secretary of Labor.
The contractor will furnish all information and reports re-
quired by Executive Order 11246 of September 24, 1965, and
by rules, regulations, and orders of the Secretary of Labor, or
pursuant thereto, and will permit access to its books, records,
and accounts by the administering agency and the Secretary
of Labor for purposes of investigation to ascertain compli-
ance with such rules, regulations, and orders.
(2)
(3)
. (4)
(5)
(6) In the event of the contractor's noncompliance with the
nondiscrimination clauses of this contract or with any of the
said rules, regulations, or orders, this contract may be can-
celed, terminated, or suspended in whole or in part and the
contractor may be declared ineligible for further Govern-
ment contracts or federally assisted construction contracts in
accordance with procedures authorized in Executive Order
11246 of September 24,1965, and such other sanctions may
be imposed and remedies invoked as provided in Executive
Order 11246 of September 24, 1965, or by rule, regulation, Or
order of the Secretary of Labor, or as otherwise provided by law.
(7) The contractor will include the portion of the sentence imine-
diately preceding paragraph (1) and the provisions of para-
graphs (1) through (7) in every subcontract or purchase order
unless el(empte4 by rules, regulations, ,~r orders of the Sec-
retary of Labor issued pursuant to section 204 of Executive
Order 11246 of September 24,1965, so that such provisions
will be binding upon each subcontractor or vendor. The
contractor will take such action, with respect to any subcon-
tract or purchase order as the adininistering agency may
direct as a means of enforcing such provisions, including
sanctions for noncompliance: Provided, however, That in
the event a contractor becomes involved in, or is threatened
with, litigation with a subcontractor or vendor as a result of
such direction by the administering agency the contractor
, may request the United States to enter into such litigation to
protect the interests of the United States.
The applicant further agrees that it willbe bound by the above equal
opportunity clause with respect to its own employment practices
when it participates in federally assisted construction work:
,
Provided, That if the applicant so participating is a State or local
government, the above equal opportunity clause is not applicable
to apy agency, instrumentality or subdivision of such government
which does not participate in work on or under the contract.
The applicant agrees that it will assist and cooperate actively with
the administering agency and the Secretary of Labor in obtaining
the compliance of contractors and subcontractors with the equal
opportunity clause and the rules, regulations, and relevant orders
of the Secretary of Labor, that it will furnish the administering
agency and the Secretary of Labor such information as they may
require for the supervision of such compliance, and that it will
otherwise assist the administering agency in the g,ischarge of the
agency's primary responsibility for securing compliance.
The applicant further agrees that it will refrain from entering into
any contract or contract modification subject to Executive Order
11246 of September 24, 1965, with a contractor debarred from, or
who has not demonstrated eligibility for, Government contracts
and Federal1y~assisted construction contracts pursuant to the
Executive order and will carry out such sanctions and penalties
for violation of the equal opportunity clause as may be imposed
Firm Name and Address
By
Title
form HUD-92010 (1/82)
VA moo 2B4-1~
~AUg
17 2005 9:36
BONESTROO ROSENE ANDERLIK
6516361311
I
p. 1
Fax Transmission
"II" Bonestroo
1:1 Rosene
~ And!!rrlk: &
,\I, Associates
I!nglneerl&Archllect.
To: Dallas larson
From: Tom P terson 1"'11
Our File No:
Date: 8/16/2005
Organization: City of Centerville
Pages to Foil
OrigInal Will Ilow in Mail: Yes 0 No 1:8]
Fax Number: 429-8629
Subject: Hunters Crossing 3rd Addition
Dallas,
I spoke to Rick Carlson last week about the revised feasibility report and rading plan. He has reviewed
the report and filids it acCeptable. He asked that I send something in wri ing to you regarding the grading
plan.
We have reviewed the revised grading plan, dated 7/18/05, and recomm nd it be approved.
Tom Peterson
Bonestroo Rosene Anderlik
651-604-4868
GC: Rick Carlson. Fax 763-786-1219
Bonestroo, Rosene, Anderllk and Associates www.bonestroo.com
2335 West Highway 36 + St. Paul, MN 55113 + Phone: 651-636-4600 + Fax: 65 -636-1311
'j' ,
13
tervi{{e
'Esta6[islied 1857
1880 :Main Street . Centeroi{[e,:M.:N 55038
(651) 429-3232 . PaJ( (651) 429-8629
August 9, 2005
Mr. & Mrs. Jesse Lange
7048 Cottonwood Court
Centerville, MN 55038
Dear Mr. & Mrs. Lange:
Previously, the City informed you that you placed approximately 5 yards of dirt and a
small amount of concrete on the City's easement near an outlet for a pond. To date the
site has yet to be restored to its previous condition as previously requested leaving the
City no other option but to exercise its rights.
You are hereby notified that the City will be holding a public hearing to consider special
assessing your property the fees associated with the City abating this nuisance per
Minnesota State Statute 429.101 on September 14, 2005 at the City's regularly scheduled
Council meeting. The proposed amount to be assessed to your property tax is $650. If
you have completed restoring the area to its previous condition prior to August 29,2005,
please contact Mr. Paul Palzer at (651) 429-4750 between the hours of 8:00 a.m. to 4:00
p.m. and request a sign-off inspection.
If you have any questions or concerns, please feel free to contact me.
Sincerely,
~
Dallas Larson
City Administrator
Ene. MN State Statute 429.101
Cc: Building Official
City Attorney
City Council
tervi{{e
~ta6{is/iea 1857
1880 9ILain Street . Centervirfe,:M.3V 55038
(651) 429-3232 . Pt1:{. (651) 429-8629
November 3, 2004
../
Mr. & Mrs. Jesse Lange
7048 Cottonwood Court
Centerville, MN 55038
Dear Mr. & Mrs. Lange:
It was recently brought to our attention that you have placed approximately 5 yards of
dirt and a small amount of concrete on an abutting property owner's property near an
outlet for a pond.. The excess dirt may cause water problems for neighboring property
owners that you could be held civilly liable for and the City requests abatement of same
within five (5) days from receipt of this notice. .During the abatement process, the City
requires that the area be restored to Its previous condition and that you coordinate the
work with me. I may be contacted at (651) 429-4750 between the hours of 8:00 a.m. to
4:00 p.m. and I }Vould request that ifpossible you contact me this week.
If you fail to abate this situation, the City will have no alternative but to turn tiris issue
over to the City Attorney for further action.
If you have any questions, please feel free to contact me.
i';40' "
. Paul Palzer ~
Public Works Dire r/
Building Official
cc: Ms. Kim Moore-Sykes, City Administrator
. . c;111
'~
\/
"-f
Minnesota Statutes 2004, 429.101
Page 1 of3
.?tdiOIlt$Qta
.~.()f\tbe~~rQf'~
House I Senate I Joint Departments and Commissions I Bill Search and Status I
Minnesota Statutes 2004, 429.101
Legislature Home I Links to the World I Help I Ac
Statutes, Laws, and Rules
Copyright 2004 by the Office of Revisor of Statutes, State of Minnesota.
Minnesota statutes 2004, Table of Chapters
Table of contents for Chapter 429
429.101 Unpaid specia1 charges may be specia1 assessments.
Subdivision 1., Ordinances. (a) In addition to any .
other method authorized by law or charter, the governing body of
any municipality may provide for the collection of unpaid
special charges for all or any part of the cost of:
(1) snow, ice, or rubbish removal from sidewalks;
(2) weed elimination from streets or private property;
(3) removal or elimination of public health or safety
hazards from private property, excluding any structure included
under the provisions of sections 463.15 to 463.26;
(4) installation or repair of water service lines, street
sprinkling or other dust treatment of streets;
(5) the trimming and care of trees and the removal of
unsound trees from any street;
(6) the treatment and removal of insect infested or
diseased trees on private property, the repair of sidewalks and
alleys;
(7) the operation of a street lighting system;
(8) the operation and maintenance of a fire protection or a
pedestrian skyway system;
(9) reinspections which find noncompliance after the due
date for compliance with an order to correct a municipal housing
maintenance code violation;
(10) the recovery of any disbursements under section
504B.445, subdivision 4, clause (5), including disbursements for
payment of utility bills and other services, even if provided by
a third party, necessary to remedy violations as described in
section 504B.445, subdivision 4, clause (2); or
(11) painting the exterior of a structure to remedy a
municipal code violation;
aD a special assessment against the property benefited.
http://www.revisor.leg.state.mn.us/bin/getpub.php?pubtype=STAT_ CHAP _ SEC&year=curr... 8/9/2005
Minnesota Statutes 2004,429.101
Page 2 of3
(b) The council may by ordinance adopt regulations
consistent with this section to make this authority effective,
including, at the option of the council, provisions for placing
primary responsibility upon the property owner or occupant to do
the work personally (except in the case of street sprinkling or
other dust treatment, alley repair, tree trimming, care, and
removal or the operation of a street lighting system) upon
notice before the work is undertaken, and for collection from
the property owner or other person served of the charges when
due before unpaid charges are made a special assessment.
Subd. _ 2 . Procedure for assessment. Any special
assessment levied under subdivision 1 shall be payable in a
single installment, or by up to ten equal annual installments as
the council may provide. With this exception, sections 429.061,
429.071, and 429.081 shall apply to assessments made under this
section.
Subd. 3. Issuance of obl.igations. (a) After a
contract for any of the work enumerated in subdivision 1 has
been let, or the work commenced, the council may issue
obligations to defray the expense of any such work financed in
whole or in part by special charges and assessments imposed upon
benefited property under this section.
(b) Section 429.091 shall apply to such obligations with
the following modifications:
(1) such obligations shall be payable not more than two
years from the date of issuance;
(2) the amount of such obligations issued at one time in a
municipality shall not exceed the cost of such work during the
ensuing six months as estimated by the council;
(3) a separate improvement fund shall be set up for each of
the enumerated services referred to in subdivision 1 and
financed under this section.
(c) Proceeds of special charges as well as special
assessments and taxes shall be credited to such improvement fund.
HIST: 1953 c 398 s 10; 1955 c 811 s 6; 1963 c 771 s 5; 1965 c
323 s 2; 1973 c 337 s 1; 1974 c 340 s 1,2; 1984 c 548 s 7; 1984
c 582 s 7; 1984 c 591 s 6; 1984 c 633 s 5; 1986 c 444; lSp2003 c
21 art 11 s 29; 2004 c 275 s 2
* NOTE: Subdivision 1, paragraph (a), clause (11), is
*repealed on July 1, 2006. Laws 2004, chapter 275, section 5.
Please direct all comments concerning issues or legislation
to your House Member or State Senator.
For Legislative Staff or for directions to the Capitol, visit the Contact Us page.
http://www.revisor.1eg.state.mn.uslbin/getpub.php?pubtype=STAT _ CHAP _ SEC&year=curr... 8/9/2005
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T-stab{islietf 1857
1880 :Main Street . Centeroiffe, :M!N 55038
(651) 429-3232 . PaJ((651) 429-8629
August 12, 2005
Mr. Scott Underwood
7128 Progress Road
Centerville,:MN 55038
Dear Mr. Underwood:
It has been brought to the City's attention that you are storing a tractor trailer/container
on your property located at 7128 Progress Road. This is a violation of City Ordinance
#4, Division 45: Temporary Dwellings and Structures.
It has also been brought to the City's attention that you are renting the residence without
City registration. This is also a violation of City Ordinance #38, Housing Code:
Registration of Rental Units, 38.01.
I have enclosed copies of both ordinances and a rental unit application. The fee for a
rental unit is $55.00/year and must be submitted to the City along with the completed
application. City hall hours are Monday through Friday, 8:00 a.m. - 4:00 p.m.
The City is requesting that you abate the above stated violations within ten (10) days of
receipt of this letter (August 24, 2005).
Thank: you in advance for your prompt attention to these matters and if you have any
questions regarding these issues, please feel free to contact me.
Sincerely,
~~;t
Dallas Larson
City Administrator
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DL/tb
Enc.
Cc: Building Official
City Attorney
City Council