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HomeMy WebLinkAbout2002-08-23 Proposed Right of Way Ordinance Memo - - - 1 . , . .' TO: Honorable Mayor and Council Members FROM: Teresa Bender SUBJECT: Proposed Right of Way OrdinanceIPlanning and Zoning Comments DATE: August 23, 2002 At Planning and Zoning's last meeting they discussed the attached proposed ordinance and fee schedule, They requested the strikethrough and underline modifications along with review of Legal CounseL They also requested a listing of other cities that had approved same and they are as follows: . Ham Lake adopted a shorter version of this ordinance and modified the fee structure. . Blaine previously adopted a similar ordinance. . Spring Lake Park adopted same ordinance. Please review and forward your comments to staff and then we will forward same to Legal CounseL q~ C.' -Il 11"" k.~ . ~ } /IALA.Nl./V~ ~t Uf Wl'r&~ ~l.U' VV Vl.^/V~-~- (} - ----~ ~ Model Ordinance LMC/CEAM Right-of-Way Ordinance (Short Form) City of County, Minnesota ,'\n ordinance to enact a Fte's Chapter of Code of OrdillilFlCe to palJlic right of way iFt the public interest, and to provide for the issuaFlcO aRd regulation of right of way p eBl1its. THE COUNCIL OF ORDAINS!: Chapter _ of Code of Ordinance (hereafter "this Code"/ is hereby repealed in its entirety, and is replaoed BY the f{)llowing flOW Chapter 1 (hereafter "this Chapter"), to read as fa !lows: Sec. 1.01. Election to Manager the Public Right-of-Way To provide for the health, safety and welfare of its citizens, and to ensure the integrity of its streets and the appropriate use of the rights-of-way, the city strives to keep its rights-of-way in a state of good repair and fee from unnecessary encumbrances. Pursuant to the authority granted to the city under state and federal statutory, administrative and common law, the city hereby elects pursuant Minn. Stat. 237.163 Subd. 2(b), to manage right-of- way within its jurisdictions. Sec. 1.02. Definitions. The following definitions apply in this chapter of this code. References hereafter to "sections" are unless otlJelwise specified references to sections in this chapter. Defined terms remain defined terms whether or not capitalized. "Abandoned Facility" means a facility no longer in service of physically disconnected from a portion ! Enacting clauses are different in various charter. The statutory city-enacting clause is used here. 2m most cases, there will be ordinances or legislative codes that wi!l need to be amended or repealed because of inconsistency with the new regulations. One method is to repeal all those provisions and replace them with this ordinance. Page 1 of 12 , of the operating facility, or from any other facility, that is in use or still carries service. A facility is not abandoned unless declared so by the right-of-way user. "Applicant" means any person requesting permission to excavate or obstruct a right-of-way. "City" means the City of , Minnesota. For purposes of section 1.28, city means its elected officials, officers, employees and agents. "Commission" means the State Public Utilities Commission. ,Ctongested Right-of-Way" means a crowded condition in the subsurface ofthe pubic right-of-way that occurs when the maximum lateral spacing between existing underground facilities does not allow for construction new underground facilities without using hand digging to expose the existing lateral facilities in conformance with Minn. Statutes, section 216D.04 subdivision 3, over a continuous length in excess of 500 feet. "Degradation" means a decrease in the useful life of the right-of-way caused by excavation in or disturbance ofthe right-of -way, resulting in the need to reconstruct such right-of-way earlier than would be required if the excavation or disturbance did not occur. "Degradation Cost" subject to Minn. Rules 7819.1 100 means the cost to achieve a level of rest oration as determined by the city at the time the permit is issued, not to exceed the maximum restoration shown in plates I to 13, setforth in Minn. Rules parts 7819.9900 to 7819.9950. "Degradation Fee" means to estimated fee established at the time of permitting by the city to recover costs associated with the decrease in the useful life ofthe right-of-way caused by the excavation, and which equals the degradation costs. "City Inspector" means any person authorized by the city to carry out inspections related to the provisions of this chapter. "Delay Penalty" is the penalty imposed as a result of unreasonable delays in right-of-way excavation, obstruction, patching, or restoration a established by permit. "Emergency" means a condition that (1) poses a danger to life of health, or of a significant loss of property; or (2) requires immediate repair or replacement of facilities in order to restore service to a customer. "Equipment" means any tangible asset used to install, repair, or maintain facilities in any right-of- way. "Excavate" means to dig into or in any way remove or physically disturb or penetrate any part of a Page 2 of 12 ~ right-of-way. "Excavation permit" means the permit which, pursuant to this chapter, must be obtained before a person may excavate in a right-of-way described in such permit. "Facility or Facilities" means any tangible asset in the right-of-way required to provide Utility Service. "Hole" means an excavation in the right-of-way, with the excavation having length less than the width of the pavement. "Management Costs" means the actual costs the city incurs in managing its right-of-way, including such cost, if incurred, as those associated with registering applicants; issuing processing, and verifYing right-of-way permit applications, inspectingjob sites and restoration projects; maintaining, supporting, protecting, or moving user facilities during right-of-way work; determining the adequacy of right-of-way restoration; restoring work inadequately performed after providing notice and the opportunity to correct the work; and revoking right-of-way permits. Management costs do not include payment by a telecommunications right-of-way user for the use of the right-of-way, the fees and cost oflitigation relating to the interpretation of Minnesota Session Laws 1997, Chapter 123; Minn. Statutes Sections 237.162 or 237.163 or any ordinance enacted under those sections, or city fees and costs related to appeals taken pursuant to Section ofthis chapter. "Obstruct" means to place any tangible object in a right-of-way so as to hinder free and open passage over that or any part of the right-of-way. "Obstruction Permit" means the permit which, pursuant to this chapter, must be obtained before a person may obstruct a right-ot-way, allowing the holder to hinder free and open passage over the specified portion ofthat right-of-way, for the duration specified therein. "Obstruction Permit Fee" means money paid to the city by a permittee to cover the costs as provided in Section 1.06. "Patch or Patching" means a method of pavement replacement that is temporary in nature. A patch consists of (1) the compaction ofthe sub-base and aggregate base, and (2) the replacement, in kind of the existing pavement for a minimum of two feet beyond the edges ofthe excavation in pavement is included in the city's five-year project plan. "Pavement" means any type of improved surface that is within the public right-of-way and that is paved or otherwise constructed with bituminous, concrete, aggregate, or gravel. "Permit" has the meaning given "right-of-way permit" in Minn. Statutes, section 237.162. "Permittee" means any person to who a permit to excavate or obstruct a right-of-way has bee granted by the city under this chapter. Page 3 of 12 , "Person" means an individual or entity subject to the laws and rules ofthis state, however organized, whether public or private, whether domestic or foreign, whether for profit or nonprofit, and whether natural, corporate, or political. "Registrant" means any person (1) has or seeks to have its equipment or facilities located in any right-of-way, or (2) in any way occupies or uses, or seeks to occupy or use, the right-of-way or place its facilities or equipment in the right-of-way. "Restore or Restoration" means the process by which an excavated right-of-way and surrounding area, including pavement and foundation, is returned to the same condition and life expectancy that existed before excavating. "Restoration Costs" means the amount of money paid to the city by a permittee to achieve the level of restoration according to plates 1 to 13 of Minnesota Public Utilities Commission Rules. "Public Right-of-Way" means the area on, below, or above a public roadway, highway, street, cart- way, bicycle lane and public side walk in which the city has an interest, including other dedicated rights-of-way for travel purposes and utility easements of the city. A right-of-way does not include the airwaves above a right-of-way with regard to cellular or other non-wire telecommunications or broadcast service. "Right -of-Way" means either the excavation permit or the obstruction permit, or both, depending on the context, required by this chapter. "Right-of-Way User" means (1) a telecommunications right-of-way user as defined by Minn. Statutes, Sec. 237.162, Subd. 4; or (2) a person owning or controlling a facility in the right-of-way .that is used or intended to be used for providing utility service, and who has a right under law, franchise, or ordinance to use the public right-of-way. "Service of Utility Service" included (1) those services provided by a public utility as defined in Minn. Stat. 216B.02, Subd. 4 and 6; (2) services of a telecommunications right-of-way user, including transporting of voice or date information; (3) services of a cable communications systems as defined in Minn. Stat. Chapter 238; (4) natural gas or electric energy or telecommunications services provided by the city; (5) service provided by a cooperative electric association organized under Minn. Stat., Chapter 308A; and (6) water, sewer, steam, cooling or heating services. "Supplementary Application" means an application made to excavate or obstruct more ofthe right- of-way than allowed in, or to extend, a permit that had already been issued. "Temporary Surface" means the compaction of sub-base and aggregate base and replacement, in kind, of the existing pavement only to the edges of the excavation. It is temporary in nature except when the replacement is of pavement including in the city's capital improvement plan, and is scheduled for completion within 2 years, in which case it is considered full restoration. Page 4 of 12 , "Trench" means an excavation in the pavement, with the excavation having a length equal to or greater that the width of the pavement. "Telecommunication Right-of-Way User" means a person owning or controlling a facility in the right-of-way, or seeking to own or control a facility in the right-of-way, that is used or is intended to be used for transporting telecommunication or other voice or date information. For purposes ofthis chapter, cable communication system defined and regulated under Minn. Stat. Chapter 238, and telecommunication activities related to providing natural gas or electric energy services whether provided by a public utility as defined in Minn. Stat. Sec. 216B.02, a municipality, an municipal gas or power agency organized under Minn. Stat. Chapters 453 and 453A, or a cooperative electric association organized under Minn. Stat. Chap. 308A, are not telecommunications right-of-way users for purposes of this chapter. Sec. 1.03. Permit Requirement. Subd. 1. Permit Required. Except as otherwise provided in this code, no person may obstruct or excavate any right-of-way without first having obtained the appropriate permit from the city. (a) Excavation Permit. An excavation permit is required to excavate that the part of the right-of-way described in such permit and to hinder free and open passage over the specified portion of the right-of-way, to the extent and for the duration specified therein. An obstruction permit is not required if a person already possess a valid excavation permit for the same proj ect. (b) Obstruction Permit. An obstruction permit is required to hinder free and open passage over the specified portion of right-of-way by placing equipment described therein on the right-of-way, to the extent and for the duration specified therein. An obstruction permit is not required if a person already possesses a valid excavation permit for the same proj eel. Subd. 2. Permit Extensions. No person may excavate or obstruct the right-of-way beyond the date or dates specified in the permit unless such person (i) makes a supplementary application for another right-of-way permit before the expiration of the initial permit, and (ii) a new permit or permit extension is granted. Subd. 3. Delay Penalty. In accordance with Minn. Rule 7819.1000 Subd. 3 and notwithstanding Subd. 2 of this section, the city shall establish and impose a delay penalty for unreasonable delays in right-of-way excavation, obstruction, patching, or restoration. The delay penalty shall be established from time to time by city council resolution. The delay ]3ellalty shall Be established from time to time by city cOlHleil resollltioll. Subd. 4. Permit Display. Permits issued under this chapter shall be conspicuously displayed or otherwise available at all times at the indicated work site and shall be available for inspection by city. Page 5 of 12 " Sec. 1.04. Permit Applications. Application for permit shall contain, and will be considered complete only upon compliance with the requirements of the following provisions: (a) Submission ofa completed permit application form, including all required attachments, scaled drawings showing the location and area of the proposed project and the location of all known existing and proposed facilities, and the following information: (1) Each applicant's name, Gopher One-Call registration certificate number, address and e-mail address if applicable, and telephone and facsimile numbers. (2) The name, address and e-mail address, if applicable, and telephone and facsimile numbers of a local representative. The local representative or designee shall be available at all times. Current information regarding how to contact the local representative in an emergency shall be provided at the time of registration, (3) A certificate of insurance or self-insurance: (I) Verifying that an insurance policy has been issued to the permittee by an insurance company licensed to do business in the State of Minnesota, or a form of self insurance acceptable to the City; (2) Verifying that the permittee is insured against claims for personal injury, including death, as well as claims for property damage arising out of the (i) use and occupancy ofthe right-of-way by the permittee, its officers, agents, employees and permittees, and (ii) placement and use of facilities and equipment in the right-of-way by the permittee, its officers, agents, employees and permittees, including, but not limited to, protection against liability arising from completed operations, damage of underground facilities and collapse of property; (3) Naming the city as an additional insured as to whom the coverages required herein are in force and applicable and for whom defense will be provided as to all such coverages; (4) Requiring that the City be notified thirty (30) days in advance of cancellation of the policy or material modification of coverage term; (5) Indicating comprehensive liability coverage, automobile liability coverage, workers compensation and umbrella coverage established by the city in amounts sufficient to protect the city and the public and to carry out the purposes and policies ofthis chapter. Page 6 of 12 (4) The city may require a copy of the actual insurance policies. (5) lfthe person is a corporation, a copy of the certifica,te required to be filed under Minn. Stat. 300.06 as recorded and certified to by the Secretary of State. (6) A copy ofthe person's order granting a certificate of authority from the Minnesota Public Utilities Commission or other applicable state or federal agency, where the person is lawfully required to have such certificate from said commission or other state or federal agency. (b) Payment of money due the city for (1) permit fees, estimated restoration costs and other management costs, (2) prior obstructions or excavations; (3) any undisputed loss, damage, or expense suffered by the city because of applicant's prior excavations or obstructions of the right-of way or any emergency actions taken by the city; (4) franchise fees or other charges, if applicable. Sec. 1.05. Issuance of permit; conditions. Subd. 1. Permit Issuance. lfthe applicant has satisfied the requirements of this chapter, the city shall issue a permit. Subd. 2. Conditions. The city may impose reasonable conditions upon the issuance ofthe permit and the performance of the applicant thereunder to protect the health, safety and welfare ofthe public or when necessary to protect the right-of-way and its current use. Sec. 1.06. Permit Fees. (Note: Sample fee schedules included in the appendix) Subd. 1. Excavation Permit Fee. The city shall establish an excavation permit fee in the amount sufficient to recover the following costs: (a) the city management costs. (b) degradation costs, if applicable. Subd. 2. Obstruction Permit Fee. The city shall establish the obstruction permit fee and shall be in an amount sufficient to recover the city management costs. Subd 3. Payment of Permit Fees. No excavation permit or obstruction permit shall be issued without payment of excavation or obstruction permit fees. The city may allow applicant to pay such Page 7 of 12 fees within thirty (30) days of billing. Subd.4. Non Refundable. Permit fee that were paid for a pemlit that the city has revoked for a breach as stated in Sec. 1.14 are not refundable. Subd. 5. Application to Franchises. Unless otherwise agreed to in franchise, management costs maybe charged separately from and in addition to the franchise fees imposed on a right-of-way user in the franchise. Subd. 6. All permit fees shall be established consistent with the provisions of Minn. Rule 7819.100. Sec. 1.07. Right-of-Way Patching and Restoration. Subd. 1. Timing. The work to be done under the excavation permit, and the patching and restoration of the right-of-way as required herein, must be completed within the dates specified in the permit, increased by as many days as work could not de done because of circumstances beyond the control ofthe permittee or when work was prohibited as lillseasonal or mrreasonable lUlder Sec. 1.08. Subd. 2. Patch and Restoration. Permittee shall patch its own work. The city may choose either to have the permittee restore the right-of-way or to restore the right-of-way itself. (a) City Restoration. If the city restores the right-of-way, permittee shall pay the costs thereof within thirty (30) days of billing. If following such restoration, the pavement settles due to permittee's improper backfilling, the permittee shall pay to the city, within thirty (30) days of billing, all costs associated with having to correct the defective work. (b) Permittee Restoration. If the permittee restores the right-of-way itself, it shall at the time of application for an excavation permit post a construction performance bond in accordance with the provisions of Minn. Rules 7819.3000. (c) Degradation Fee in Lieu of Restoration. In lieu of right-of-way itself, it shall at the time of application for an excavation permit post a construction performance bond in accordance with the provisions of Minn. Rules 7819.3000. Subd. 3. Standards. The permittee shall perform patching and restoration according to the standards and with the materials specified by the city and shall comply with Minn. Rules 7819.1100. Subd. 4. Duty to Correct Defects. The permittee shall correct defects in patching, or restoration performed by permittee or its agents. Permittee upon notification from the city, correct all restoration work to the extent necessary, using the method required by the city. Said work shall be completed within five (5) calendar days of the receipt ofthe notice from the city, not including days during which work cannot be done because of circumstances constituting force majeure or days when work is prohibited as unseasonal or mrreasonable under Sec. 1.08. Subd. 5. Failure to Restore. If the permittee fails to restore the right-of-way in the manner and to Page 8 of 12 the condition required by the city, or fails to satisfactorily and timely complete all restoration required by the city, the city at its option may do such work. In that even the permittee shall pay t the city, within thirty (30) days ofbilling, the cost of restoring the right-of-way. Ifpermittee fails to pay as required, the city may exercise its rights under the construction performance bond. Sec. 1.08 Supplementary Applications. Subd. 1. Limitation on Area. A right-of-way is valid only for the area of the right-of-way specified in the permit. No permittee may do any work outside the area specified in the permit, except as provided herein. Any permittee which determines that an area greater than that specified in the permit must be obstructed or excavated must before working in that greater area (i) make application for a permit extension and pay any additional fees required thereby, and (ii) be granted a new permit or permit extension. Subd. 2. Limitation on Dates. A right-of-way permit is valid only for the dates specified in the permit. No permittee may begin its work before the permit start date or, except as provided herein, continue working after the end date. If a permittee does not finish the work by the permit end date, it must apply for a new permit for the additional time it needs, and receive the new permit or an extension of the old permit before working after the end date of the previous permit. This supplementary application must be submitted before the permit end date. Sec. 1.09. Denial of Permit. The city may deny a permit for failure to meet the requirements and conditions ofthis chapter of if the city determines that the denial is necessary to protect the health, safety of the public, and welfare or when necessary to protect the right-of-way and its current use. Sec. 1.10. Installation Requirements. The excavation, backfilling, patching and restoration, and all other work performed in the right-of- way shall be done in conformance with Minn. Rules 7819.1100 and other applicable local requirements, in so far as they are not inconsistent with the Minn. Stat. Sec. 237.162 and 237.163. Sec. 1.11. Inspection. Subd.1. Notice of Completion. When the work under any permit hereunder is completed, the permittee shall furnish a completion certificate in accordance Minn. Rules 7819.1300. Subd. 2. Site Inspection. Permittee shall make the work-site available to city personnel and to all others as authorized by law for inspection at all reasonable times during the execution of and upon completion of the work. Subd. 3. Authority of City. Page 9 of 12 (a) At the time of inspection the city may order the immediate cessation of any work which poses a serious threat to the life, health, safety or well being of the public. (b) The city may issue an order to the permittee for any work which does note conform to the terms of the permit or other applicable standards, conditions, or codes. The order shall state the failure to correct the violation will be cause forrevocation of the permit. Within ten (10) days after issuance of the order, the permittee shall present proof to the city that the violation has been corrected. If such proofhas not been presented with the required time, the city may revoke the permit pursuant to Sec. 1.14. If the city becomes aware of an emergency regarding facilities, the city will attempt to contact the local representative of each facility owner affected, or potentially affected, by the emergency. In any event, the city may take whatever action it deems necessary to respond to the emergency, the cost of which shall be borne by the person whose facilities occasioned the emergency. Subd. 2. Non-Emergency Situations. Except in an emergency, any person who, without first having obtained the necessary permit, obstructs or excavates a right-of-way must subsequently obtain a permit, and as a penalty pay double the normal fee for said permit, pay double all the other fees required by this code, deposit with the city the fees necessary to correct any damage to the right-of- way and comply with all of the requirements of this chapter. Sec. 1.13. Supplementary Notification. If the obstruction or excavation of the right-of-way begins later or ends sooner that the date given on the permit, permittee shall notif'y the city ofthe accurate information as soon as this information is known. Sec. 1.14. Revocation of Permits. Subd. 1. Substantial Breach. The city reserves its right, as provided herein, to revoke anyright-of- way permit, without a fee refund, if there is a substantial breach ofthe terms and conditions of any statute, ordinance, rule or regulation, or any material condition of the permit. A substantial breach by permittee shall include, but shall not be limited to, the following: (a) The violation of any material provision of the right-of-way permit; (b) An evasion or attempt to evade any material provision of the right -of-way permit, or the perpetration or attempt to perpetrate any fraud or deceit upon the city or its citizens; (c) Any material misrepresentation offact in the application for a right-of-way permit; (d) The failure to complete the work in a timely manner; unless a permit extension is obtained or URless the faihire to cOlllfJlete worl: is due to reasons beyond the permittees Page 10 of 12 control; or (e) The failure to correct, in a timely manner, work that does not conform to a condition indicated on an order issued pursuant to Sec. 1.07. Subd. 2. Written Notice of Breach. If the city determines that the permittee has committed a substantial breach of a term or condition of any statute, ordinance, rule, regulation or any condition ofthe permit the city shall make a written demand upon the permittee to remedy such violation. The demand shall state that continued violations may be caused for revocation of the permit. A substantial breach, as stated above, will allow the city, at its discretion, to place additional orrevised conditions on the permit to mitigate and remedy the breach. Subd. 3. Response to Notice of Breach. Within twenty-four (24) hours of receiving notification of the breach, permittee shall provide the city with a plan, acceptable to the city, that will cure the breach. Permittee's failure to so contact the city, or the permittee's failure to submit an acceptable plan, or permittee's failure to reasonable implement the approved plan, shall be cause for immediate revocation ofthe permit. Subd.4. Reimbursement of City Costs. If a permit is revoked, the permittee shall also reimburse the city for the city's reasonable costs, including restoration costs and the costs of collection and reasonable attorneys' fees incurred in connection with such revocation. Sec. 1.15. Mapping Data. Subd. 1. Information Required. Each permittee shall provide mapping information required by the city in accordance with Minn. Rules 7819.4000 and 7819.4100. Sec. 1.16. Location of Facilities. Subd. 1. Placement, locations, and relocation of facilities must comply with the act, with other applicable law, and with Minn. Rules 7819.3100, 7819.5000 and 7819.5100, to the extent the rules do not limit authority otherwise available to cities. (Note: Cities wishing to require the under grounding of utilities should adopt the separate under grounding ordinance included with appendix). Subd. 2. Corridors. The city may assign specific corridors within the right-of-way, or any particular segment thereof as may be necessary, for each type of facilities that is or, pursuant to current technology, the city expects wills someday be located within the right-of-way. All excavation, obstruction, or other permits issued by the city involving the installation or replacement of facilities shall designate the proper corridor for the facilities at issue. Subd. 3. Limitation of Space. To protect health, safety, and welfare or when necessary to protect the right-of-way and its current use, the city shall have the power to prohibit or city shall strive to the extent possible to accommodate all existing and potential users of the right-of-way, but shall be Page 11 of12 . guided primarily by considerations of the public interest, the public's needs for the particular Utility Service, the condition of the right-of-way, the time of year with respect to essential utilities, the protection of existing facilities in the rigllt-of-way, and future city plans for public improvements and development projects which have been determined to be in the public interest. Sec. 1.17. Damage to Other Facilities. When the city does work in the right-of-way and finds it necessary to maintain, support, or move facilities to protect it, the city shall notify the local representative as early as is reasonably possible and placed as required. The costs associated therewith will be billed to that facility owner and must be paid within thirty (30) days from the date of billing. Each facility owner shall be responsible for the cost of repairing any facilities in the right-of-way which it or its facilities damages. Each facility owner shall be responsible for the cost of repairing any damage to the facilities of another caused during the city's response to an emergency occasioned by that owner's facilities. Sec. LIS. Right-of-Way Vacation. Subd. 1. Reservation of Right. If the city vacates a right-of-way which contains facilities, the owner's rights in the vacated right-of-way are governed by Minn. Rules 7819.3200. Sec. 1.19. Indemnification and Liability. By applying for an accepting a permit under this chapter, a permittee agrees to defend and indemnify the city in accordance with the provisions of Minn. Rules 7819.1250. Sec. 1.20 Abandoned Facilities. Snbd.3. Removal of Abandoned Facilities. Any person who has abandoned facilities in any right- of-way shall remove them from that right-ot~way if required in conjunction with other right-of-way repair, excavation, or construction, unless this requirement is waived by the city. Sec. 1.21. Appeal. a) A rigllt-of-way user that: (1) has been denied registration; (2) has been denied a pennit; (3) has had permit revoked; or (4) believes that the fees imposed are invalid, may have the denial, revocation, or fee imposition reviewed, upon written request, by the city council. The city council shall act on a timely written request at its next regularly scheduled meeting. A decision by the city council affirming the denial, revocation, or fee imposition will be writing and supported by written findings establishing the reasonableness of the decision. Sec. 1.22. Reservation of Regnlatory and Police Powers. A permittee's rights are subject to the regulatory and police powers ofthe city to adopt and enforce general ordinances necessary to protect the health, safety and welfare of the public. Page 12 of 12 I' RIGHT-OF-WAY FEES & CHARGES Cost Estimates for Fees L Excavation Permit Fees a) Hole Administration 0.25 x 40 = $10.00 Verification 1) Plan Review 0.50 x 45 = 22.50 2) Inspection a) Location before work 0.50 x 30 15.00 b) Compliance during work 0.50 x 30 15.00 c) Completion after work 0.50 x 30 15.00 d) Re-inspection 0.25 x 40 = 10.00 3) Testing Result Review a) Compaction 0.083 x 40 = 3.33 b) Material 0.083 x 40 3.33 4) Mapping a) Review data 0.25 x 45 = 11.25 b) Transfer to AutoCAD 0.25 x 45 = 11.25 c) Insert to overlay to tie in 0.25 x 45 = 11.25 Total Cost $127.91 Proposed Fee $125.00 B) Emergency Hole Administration 0.25 x 40 $10.00 Inspection after completion 1.50 x 30 = 45.00 Total Cost $55.00 Proposed Fee $55.00 C) Trench Administration 0.25 x 40 $10.00 Verification 1) Plan Review 1.50 x 45 67.50 2) Inspection '\ a) Location before work 0,50 x 30 = 15.00 b) Compliance during work LSO x 30 45,00 c) Completion after work LSO x 30 45.00 d) Re-inspection 0.75 x 40 = 30.00 3) Testing Result Review a) Compaction 0.083 x 40 3.33 b) Material 0.083 x 40 = 3.33 4) Mapping a) Review data 0.50 x 45 = 22.25 b) Transfer to city mapping 0.25 x 45 11.25 (AutoCAD) Total Cost $275.40 The average trench is 330 lin, ft past the width of a hole. Therefore, the number of 100 lin. ft. (or portion thereof) units is 4. The cost per 100 lin. ft. unit is 275.40/4 = $68.85/100' unit. Proposed Fees = $70.00/100 lin, ft. (plus Hole Fee) 2. Obstruction Permit Fee A) Administration 0.25 x 40 = $10.00 B) Recording 0.25 x 40 $10.00 C) Review 0.75 x 45 $33.75 Minimum Base Coat $53.75 Proposed Base Fee Plus additional fee based on length Inspection I) Compliance during work 2) Completion after 1.50 x 0.25 x Additional fee on assumed 1000 !in. ft permit Additional cost per lineal foot - $52.50/1000 Proposed fee = $50.00 plus 0.05 lin. ft. 3. Permit Extension Fee A) Administration $10.00 B) Recording $ 3.33 C) Review $40.00 0.25 x 0.083 x 1.0 x Total Cost $53.33 Proposed Fee $55.00 4. Delav Penalty A) Administration $60.00 1.50 x 30 30 = = = 40 40 40 40 For up to 3 days of non-completion and non-prior notice before specified completion date. After 3 days, an additional charge of $1 O.OO/day will be levied. Total Penalty Charge $60.00 (Up to 3 days late) Each day late over 3 days $60.00 Plus 10.00/day 1- __ _ $50.00 $45.00 $ 7.50 $52.50 0.0525 = = = = = = = = 5. Dee:radation Fee Formula This formula covers degradation for depreciation caused by intrusion into the right-of-way. The depreciation applies to the original surface of the right-of-way and to the overlays and seal-coats applied to the surface. The formula includes life expectancy schedules for each and has estimated cost per square yard based on the right-of-way surface required for different levels of traffic. This formula creates a degradation fee which is determined by the cost per square yard for street, overlay, and seal-coat, multiplied by the depreciation schedule, multiplied by the area of the street patch. Degradation Fee: (Cost per Square Yard for Street, Overlay, and Seal-coat x Depreciation Schedule Rates) x Area of Street Patch = Degradation Fee. " COUNCIL MEETING WEDNESDAY, AUGUST 28, 2002 6:30 P.M. L CALL TO ORDER 1. Roll Call II. APPROVAL OF AGENDA m. A W ARDS/PRESENTATIONS/APPEARANCES 1. Mr. Doug Fischer, P.E., (Anoka County Engineer) - County Road 14 2. Mr. John Thill, Parade & Fireworks - (Fete des Lacs) Update IV. PUBLIC HEARINGS 1. Proposed Ordinance #13 - Possession, Sale and Consumption of Intoxicating Liquor, Wine and 3.2 Percent Malt Liquor Within the City of Centerville V. COUNCIL BUSINESS 1. Pheasant Marsh Phase IT Bond Sale - Mr. George Eilertson, (Juran & Moody) Resolution #02-033, Resolution #02-034, Resolution #02-035 & Financial Advisory Service Agreement 2. Rescheduling of December 25,2002 Council Meeting 3. 2003 Tax Levy - Resolution #02-036 VL CONSENT AGENDA 1. City of Centerville August 15, 2002 through August 28, 2002 Claims 2. Centennial Fire District August 21, 2002 Oaims 3. Pay Estimate #1- Earth Burners (County Road 14 Water Main Extension) VIL APPROVAL OF COUNCIL l\'IlNUTES 1. August 14,2002 Council Minutes 2. August 12, 2002 Council Work Session Minutes 3. August 19,2002 Council Work Session Minutes VIII. ANNOUNCEMENTS/UPDATES 1. 1540 Peltier Lake Drive (Moore-SykesIHoeft) IX. ADJOURNMENT . . STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE ORDINANCE #13 AN ORDINANCE REGULATING THE POSSESSION, SALE, AND CONSUMPTION OF INTOXICATING LIQUOR, WINE, AND 3.2 PERCENT MALT LIQUOR WITHIN THE CITY OF CENTERVILLE, MINNESOTA THE CITY COUNCIL OF THE CITY OF CENTERVILLE, MINNESOTA DOES HEREBY REPEAL ORDINANCE #'S 11, 12 & 21 AND AMENDS ORDINANCE #13: Section 1. Adoption of State Law by Reference. The provisions of M.S. Chapter 340A, as they may be amended from time to time, with reference to the definitions, terms, conditions of operation, restrictions on consumption, provisions relating to sales, hours of sale, and all other matters pertaining to the retail sale, distribution, and consumption of intoxicating liquor and 3.2 percent malt liquor are hereby adopted by reference and are made a part of this ordinance as if set out in full. It is the intention of the City Council that all future amendments to M.S. Chapter 340A are hereby adopted by reference or referenced as if they had been in existence at the time this ordinance is adopted. Section 2. City may be more Restrictive than State Law. The Council is authorized by the provisions of M.S. 340A.509, as it may be amended from time to time, to impose, and has imposed in this ordinance, additional restrictions on the sale and possession of alcoholic beverages within its limits beyond those contained in M.S. Chapter 340A, as it may be amended from time to time. Section 3. Definitions. In addition to the definitions contained in Minnesota Statutes, Chapter 340A.1 01, as it may be amended from time to time, the following terms are defined for purposes of this ordinance: Display - The term "Display" means the keeping, storing, or permitting to be kept or stored of an alcoholic beverage which has been poured, dispensed or has had its package seal broken on, in, or at any table, booth, bar or other area of a licensed premises accessible to the general public, except when the alcoholic beverage is stored in a normal storage area during non-sale hours. Interest - The term "Interest" as used in this ordinance includes any pecuniary interest in the ownership, operation, management or profits of a liquor establishment, but does not include: bona fide loans; bona fide fixed sum rental agreements; bona fide open accounts or other obligations held with or without security arising out of the ordinary and Page 1 of 18 . regular course of business or selling or leasing merchandise, fixtures or supplies to such establishment; or any interest of 5 percent or less in any corporation holding a City liquor license. A person who receives monies, from time to time, directly or indirectly from a licensee in the absence of a bona fide consideration therefor and excluding bona fide gifts or donations, shall be deemed to have a pecuniary interest in such retail license. In determining "bona fide," the reasonable value of the goods or things received as consideration for the payment of the licensee and all other facts reasonably tending to prove or disprove the existence of any purposeful scheme or arrangement to evade any prohibitions under this ordinance shall be considered. Licensed Premises. The term "Licensed Premises" is the premises described in the approved license application. In the case of a restaurant, club, or exclusive liquor store licensed for on-sales of alcoholic beverages and located on a golf course, "licensed premises" means the entire golf course except for areas where motor vehicles are regularly parked or operated. Operating Manager. The term "Operating Manager" as used in this ordinance means a person designated by the license holder who works at the licensed premises and is in charge of day-to-day liquor sales. Properly Designated Officer . The term "Properly Designated Officer" means and includes (i) the City Fire Inspector or Fire Chief; (ii) the City Building Official, Building Inspector, or Administrator; and (iii) the Health Inspectors employed by Anoka County or the State of Minnesota acting in the course of the scope of their employment. Underage Person . The term "Underage Person" means a person who is under the legal drinking age as provided by Minnesota Statutes Chapter 340A. Liquor - As used in this ordinance, without modification by the words "intoxicating" or 3.2 percent malt" includes both intoxicating liquor and 3.2 percent malt liquor. Restaurant - Restaurant means an eating facility, other than a hotel, under the control of a single proprietor or manager, where meals are regularly prepared on the premises, where full waitress/waiter table service is provided, where a customer orders food from printed menus and where the main food course is served and consumed while seated at a single location. An establishment which serves prepackaged food that receives heat treatment and is served in the package or frozen pizza that is heated and served, shall be considered to be a restaurant for the purposes of this chapter as long as it is currently licensed as such by Anoka County. Section 4. Nuditv on the Premises of Licensed Establishments is Prohibited. A. The City Council finds that it is in the best interests of both public health, safety and general welfare of the people of the city that nudity is prohibited as provided in this section on the premises of any establishment licensed under this ordinance. This is to protect and assist the owner, operators, and employees of the establishment, as well as patrons and the public in general, from harm stemming from the physical immediacy and combination of Page 2 of 18 alcohol, nudity, and sex. The Council especially intends to prevent any subliminal endorsement of sexual harassment or activities likely to lead to the possibility of various criminal conduct, including prostitution, sexual assault, and disorderly conduct. The Council also finds that the prohibition of nudity on the premises of any establishment licensed under this ordinance, as set forth in this section, reflects the prevailing community standards of the city. B. It is unlawful for any licensee to permit or allow any person or persons on the licensed premises when the person does not have their buttocks, anus, genitals and female breasts covered with a non-transparent material. It is unlawful for any person to be on the licensed premises when the person does not have their buttocks, anus, genitals and female breasts covered with a non-transparent material. This paragraph shall also apply to non-alcohol under age events on the licensed premises. C. It is unlawful for any licensee to permit or allow any male and/or female swim suit competition on the licensed premises during any non alcohol under age event. D. A violation of this section is a misdemeanor punishable as provided by law, and is justification for revocation or suspension of any liquor, wine, or 3.2 percent malt liquor license or the imposition of a civil penalty under the provisions of this ordinance. Section 5. Consumption in Public Places. Except as otherwise provided for herein, no person shall consume intoxicating liquor or 3.2 percent malt liquor in a public park, on any public street, sidewalk, trail, parking lot or alley, or in any public place other than on the premises of an establishment licensed under this ordinance, in a municipal liquor dispensary if one exists in the city, or where the consumption and display of liquor is lawfully permitted. Section 6. This Section has been left blank for future use. Section 7. Term and Expiration of Licenses. No person, except as otherwise provided in Minnesota Statutes Chapter 340A shall directly or indirectly deal in, sell, keep for sale or deliver any intoxicating liquor, 3.2 percent malt liquor, or wine as part of a commercial transaction without first having received a license to do so as provided in this ordinance; nor shall any private club or public place, directly or indirectly, or upon any pretense or by any device, allow the consumption or display of intoxicating liquor or serve any liquid for the purpose of mixing with intoxicating liquor without first obtaining a license from the City as provided in this ordinance. Page 3 of 18 Each license shall be issued for a maximum period of one year. All licenses except temporary licenses, shall expire on December 31 of each year unless another date is provided by ordinance. All licenses shall expire on the same date. Temporary licenses expire according to their terms. Section 8. Kinds of Liauor License. The following types of licenses may be issued up to the number specified in this ordinance: A. On-Sale 3.2 Percent Malt Liquor License On-sale 3.2 percent malt liquor licenses which may be issued only to restaurants, hotels, clubs, bowling centers and establishments used exclusively for the sale of 3.2 percent malt liquor with the incidental sale of tobacco and soft drinks. B. Off-Sale 3.2 Percent Malt Liquor License C. Temporary 3.2 Percent Malt Liquor License Temporary 3.2 percent malt liquor licenses which may be issued only to a club, charitable, religious, or nonprofit organization. D. Off-Sale Intoxicating Liquor License Off-sale intoxicating liquor licenses, which may be issued only to exclusive liquor stores or drug stores that have an off-sale license which was first issued on or before May 1, 1994. The fee for an off- sale intoxicating liquor license established by the Council under Section 9 shall be set by annual Fee Schedule adopted by Council which may be permitted by M.S. 340A.408, subd. 3, as it may be amended from time to time. E. On-Sale Intoxicating Liquor License On-sale intoxicating liquor licenses, which may be issued to the following establishments as defined in M.S. 340A.1 01, as it may be amended from time to time, and this ordinance: hotels, restaurants, bowling centers, clubs, or congressionally chartered veterans organizations and exclusive liquor stores. Club licenses may be issued only with the approval of the Commissioner of Public Safety. The fee for club licenses established by the Council under Section 9 of this ordinance, shall not exceed the amounts provided for in M.S. 340A.408, subd. 2(b), as it may be amended from time to time. The Council may in its sound discretion authorize a retail on-sale licensee to dispense intoxicating liquor off the licensed premises at Page 4 of 18 a community festival held within the city under the provisions of M.S.340.404, subd. 4b, as it may be amended from time to time. The Council may in its sound discretion authorize a retail on-sale licensee to dispense intoxicating liquor off the licensed premises at any convention, banquet, conference, meeting, or social affair conducted on the premises of a sports, convention or cultural . facility owned by the city, under the provisions of M.S.340A04, subd. 4a, as it may be amended from time to time. F. On-Sale Sunday Liquor License On-sale Sunday liquor licenses which may be issued only after authorization to do so by voter approval at a general or special election as provided by M.S. 340A.504, subd. 3, as it may be amended from time to time. Sale of alcoholic beverages in conjunction with the sale of food on Sunday begins at 10:00 a.m. if the applicant is in conformance with the Minnesota Clean Air Act. G. Combination On-Sale I Off-Sale Intoxicating Liquor License This license may be issued if the City has a population less than 10,000. H. On-Sale Temporary Intoxicating Liquor License Temporary on-sale intoxicating liquor licenses, with the approval of the City Council, which may be issued only in connection with a social event sponsored by a club, charitable, religious, or other nonprofit corporation that has existed for at least three years. No license shall be for longer than four consecutive days, and the City shall issue no more than 24 days worth of temporary licenses to anyone organization in one calendar year. I. On-Sale Wine License On-sale wine licenses which may be issued with the approval of the Commissioner of Public Safety to: restaurants having facilities for seating at least 25 people at one time and meet the criteria of M.S. 340A.404, subd. 5, as it may be amended from time to time, and which meet the definition of a restaurant in Section 3 of this ordinance; and to licensed bed and breakfast facilities which meet the criteria in M.S.340A.401, subd. 1 as it may be amended from time to time. The fee for an on-sale wine license established by the Council under the provisions of Section 9 of this ordinance shall not exceed one-half of the license fee charged for an on-sale intoxicating liquor license. The holder of an on-sale wine license who also holds an on-sale 32 percent malt liquor license is Page 5 of 18 authorized to sell malt liquor with a content over 3.2 percent (strong beer) without an additional license. Section 9. License Fees: Pro Rata; Payment: Refunds Refail License Fees. Annual Fees. The annual fees for all licenses and temporary licenses are set forth by Council Resolution. A. No license or other fee established by the city shall exceed any limit established by M.S.340A, as it may be amended from time to time, for a liquor license. B. The Council may establish from time to time by ordinance or resolution the fee for any of the liquor licenses it is authorized to issue. The license fee may not exceed the cost of issuing the license and other costs directly related to the enforcement of the liquor laws and this ordinance. No liquor license fee shall be increased without providing mailed notice of a hearing on the proposed increase to all affected licensees at least 30 days before the hearing. C. Prorated Fees. The fee for all licenses, except temporary licenses, granted after the commencement of the license year shall be prorated on a quarterly basis. D. Payment. All license fees shall be paid in full at the time the application is filed with the city. If the application is denied, the license fee shall be returned to the applicant except for any costs incurred by the City for investigation of the application/applicant. E. Refunds. License fees shall be refunded if an application for a license is denied by the City Council, except where rejection is for a willful misstatement in the license application. No part of the fee paid for any issued license shall be refunded except as authorized under Minnesota Statutes Section 340A.408, subd. 5, upon application to the City Clerk within 20 days of the happening of any event provided under Minnesota Statutes Section 340A.408, subdivision 5, and except as provided in Section 9 D. Section 10. Council Discretion to Grant or Deny a License. The Council in its sound discretion may either grant or deny the application for any license or for the transfer or renewal of any license. No applicant has a right to a license under this ordinance. Section 11. Application for License. A. Form. Every application for a license issued under this ordinance shall be on a form provided by the city. Every application shall Page 6 of 18 state the name of the applicant, the applicant's age, with references as the Council may require, the type of license applied for, the business in connection with which the proposed license will operate and its location, a description of the premises, whether the applicant is owner and operator of the business, how long the applicant has been in that business at that place, and other information as the Council may require from time to time. An application for an on-sale intoxicating liquor license shall be in the form prescribed by the Commissioner of Public Safety and shall also contain the information required in this section. The form shall be verified and filed with the city. No person shall make a false statement in an application. B. Financial Responsibility. Prior to the issuance of any license' under this ordinance, the applicant shall demonstrate proof of financial responsibility as defined in M.S.340AA09, as it may be amended from time to time, with regard to liability under M.S.340A.801, as it may be amended from time to time. This proof will be filed with the City and Commissioner of Public Safety. Any liability insurance policy filed as proof of financial responsibility under this section shall conform to M.S. 340A.409, as it may be amended from time to time. Operation of a business which is required to be licensed by this ordinance without having on file with the city at all times proof of financial responsibility to include liquor liability/dram shop, general liability, and workers compensation insurance coverage is a cause for revocation of the license. 1. Liquor Liability/Dramshop. Proof of financial responsibility shall be given by filing one of the following: a. A certificate that there is in effect an annual aggregate insurance policy for dram shop insurance of not less than statutory requirements per policy year to cover each person, each occurrence, property damage each occurrence, Joss of means of support per person, loss of means of support each occurrence, and policy aggregate; or 2. A certificate of the State Treasurer that the licensee has deposited with him $100,000 in cash or securities which may legally be purchased by savings banks or trust funds having a market value of $100,000. C. General Liability. Proof of financial responsibility shall be given by filing a certificate that there is in effect for the license period an insurance policy or pool providing at least $50,000 of coverage because of bodily injury to anyone person in anyone occurrence, $100,000 because of bodily injury to two or more persons in any Page 7 of 18 one occurrence, $10,000 because of injury to or destruction of property of others in anyone occurrence, $50,000 for loss of means of support of anyone person in anyone occurrence, and $100,000 for loss of means of support of two or more persons in anyone occurrence. D. Workers' Compensation Insurance. The policy limits for workers' compensation insurance shall be as provided for by state law. E. Additional Requirements. The liability insurance required by this section must provide that it may not be canceled for any cause by either the insured or the insurer unless the canceling party has first given ten days' notice in writing to the City of intent to cancel the policy. All corporations, partnerships, and associations must designate an Operating Manager. The Operating Manager must be a person designated by the licensed premises who is in charge of day-to-day liquor sales. Execution of Application If the application is by an individual, it shall be signed and sworn to by such person; if by a corporation, by an officer thereof; if by a partnership, by one of the partners; if by an incorporated association, by the operating officer or managing officer thereof. If the applicant is a partnership, the application. license, and insurance policy shall be made and issued in the name of all partners. It shall be unlawful to make any false statement in an application. Falsification is a cause for revocation or denial of the license. Section 12. Description of Premises. The application shall specifically describe the compact and contiguous premises within which liquor may be dispensed and consumed. Except as for otherwise provided for herein. Section 13. Applications For Renewal. At least 90 days before a license issued under this ordinance is to be renewed. an application for renewal shall be filed with the city. The decision whether or not to renew a license rests with the sound discretion of the Council. No licensee has a right to have the license renewed. The general procedure for renewal is as follows: A. The city will mail all application forms by September 30 with a letter stating the timeframes and requirements for completion of the application process. The form used will be the Minnesota Department of Public Safety Renewal of Liquor, Wine of Club License (form PS9093-98 or the most current form used by Alcohol and Gambling Enforcement). Page 8 of 18 B. Licensees will return the required forms to the city by October 30. C. Applicants are responsible to verify information on citations and violations with the Chief of Police prior to October 30 and submission to the city. D. The Council shall place on the agenda each year at the first scheduled Council meeting in November to review and hear testimony by any interested individual or party concerning the renewal of liquor licenses. This process allows for appeal of a denied license and the required approval from the state prior to the December 31 license expiration date. E. Approvals are contingent upon licensee proof of required payment of insurances, property taxes, and city utility bills. F. The application shall specifically describe the compact and contiguous premises within which liquor may be dispensed and consumed. Except as for otherwise provided for herein. G. The Chief of Police is requested to provide Council by October 15 each year, a summary of officer calls and the nature of those calls to licensed establishments. The Chief of Police is also requested to report a graphical depiction of alcohol related issues such as citations and arrests for driving under the influence or alcohol related infractions for the previous 3 year period. H. The City Administrator shall verify all information prior to issuing a license. Section 14. Transfer of License. No license issued under this ordinance may be transferred without the approval of the Council. Any transfer of stock of a corporate licensee is deemed to be a transfer of the license, and a transfer of stock without prior Council approval is a ground for revocation of the license. An application to transfer a license shall be treated the same as an application for a new license, and all of the provisions of this ordinance applying to applications for a license shall apply. Death of Licensee In the event of the death of a person holding a license, the personal representative of that person shall be allowed to continue to operate the business within the terms of the license for a period not to exceed 180 days after the death of the licensee. Section 15. InvestiQation. A. Preliminary background investigation. On an initial application for a license, on an application for transfer of a license and, in the sound Page 9 of 18 discretion of the Council that it is in the public interest to do so, on an application for renewal of a license, the city shall conduct a preliminary background investigation of the applicant or it may contract with the Commissioner of Public Safety for the investigation. The applicant shall pay with the application an investigation fee of $500 which shall be in addition to any license fee. If the cost of the preliminary investigation is less than $500, the unused balance shall be returned to the applicant. The results of the preliminary investigation shall be sent to the Commissioner of Public Safety if the application is for an on-sale intoxicating liquor license or an on-sale wine license. B. Comprehensive background investigation. If the results of the preliminary investigation warrant, in the sound discretion of Council, a comprehensive background investigation, the Council may either conduct the investigation itself or contract with the Commissioner of Public Safety for the investigation. The investigation fee for this comprehensive background and financial investigation to be paid by the applicant shall be $500, less any amount paid for the initial investigation if the investigation is to be conducted within the state, and $10,000, less any amount paid for the initial investigation, in the investigation is required outside the state. The unused balance of the fee shall be returned to the applicant whether or not the application is denied. The fee shall be paid in advance of any investigation and the amount actually expended on the investigation shall not be refundable in the event the application is denied. The results of the comprehensive investigation shall be sent to the Commissioner of Public Safety if the application is for an on-sale intoxicating liquor license or an on-sale wine license. Section 16. Hearing and Issuance. The Council shall investigate all facts set out in the application and not investigated in the preliminary or comprehensive background investigations. Opportunity shall be given to any person to be heard for or against the granting of the license at the first scheduled Council meeting in November for renewals or at the time of review for a new application. After the investigation and hearing, the Council in its sound discretion may grant or deny the application. No license shall become effective until the proof of financial security has been approved by the Commissioner of Public Safety. Should the City Council deny the applicant's request for a license due, partially or solely, to the applicant's prior conviction of a crime, the City Council shall notify the applicant of the grounds and reasons for the denial; the applicable complaint and grievance procedure as set forth in Minnesota Statutes, Section 364.06; the earliest date the applicant may reapply for a license; and that all competent evidence of rehabilitation will be considered upon reapplication. Section 17. Restrictions on Issuance. Page 10 of 18 A. Each license shall be issued only to the applicant for the premises described in the application. B. No license shall be granted or renewed for operation on any premises on which taxes, assessments, utility charges, service charges or other financial claims of the city are delinquent and unpaid. C. No license shall be issued for any place or business ineligible for a license under state law. D. No new license shall be granted within 500 feet of any school or church. The distance is to be measured from the closest side of the church or school to the closest side of the structure on the premises within which liquor is to be sold. The provisions of this paragraph shall not apply to any existing license existing on the effective date of this ordinance or to the renewal of an existing license as long as the establishment is in compliance with applicable zoning regulations. Section 18. Conditions of License. Every licensee is responsible for the conduct of the place of business. The act of an employee on the licensed premises is deemed the act of the licensee as well, and the licensee shall be liable to all penalties provided by this ordinance equally with the employee. The failure of the licensee to meet anyone of the conditions of the license specified below shall result in suspension of the license until the condition is met. A. Every licensee shall allow any peace officer or health officer to conduct compliance checks. B. No on-sale establishment shall display liquor to the public during the hours when the sale of liquor is prohibited. C. Compliance with financial responsibility requirements of state law and this ordinance is a continuing condition of any license. Section 19. Hours and Davs of Sale. A. The hours of operation and days of sale shall be as those set by M.S. 340A.504, as it may be amended from time to time. B. No person shall consume nor shall anyon-sale licensee permit any consumption of intoxicating liquor or 3.2 percent malt liquor in an on-sale licensed premises more than 30 minutes after the time when a sale can legally occur. Page 11 of 18 C. No on-sale licensee shall permit any glass, bottle, or other container containing intoxicating liquor or 3.2 percent malt liquor to remain upon any table, bar, stool or other plac~ where customers are served, more than 30 minutes after the time when a sale can legally occur. D. No person other than the licensee and any employee shall remain on the on-sale licensed premises more than 30 minutes after the time when a sale can legally occur. E. Any violation of any condition of this section may be grounds for revocation of suspension of the license. Section 20. Restrictions InvolvinQ UnderaQe Persons. A. No licensee, his agent, or employee shall serve or dispense upon the licensed premises any intoxicating or 3.2 percent malt liquor to a person under the legal drinking age; nor shall such licensee, or his agent or employee, permit any such person to be furnished or allowed to consume any such liquors on the licensed premises; nor shall such licensee, his agent, or employee, permit any such person to be delivered any such liquors. B. No person under the legal drinking age shall enter a licensed premises for the purpose of purchasing or consuming any alcoholic beverage: C. No person under the legal drinking age shall consume or receive delivery of intoxicating or 3.2 percent malt liquor. D. No person under the legal drinking age shall possess any intoxicating or 3.2 percent malt liquor. Possession of an alcoholic beverage by a person under the legal drinking age at a place other than the household of the parent or guardian is prima facie evidence of intent to consume it at a place other than the household of the person's parent or guardian. E. Misrepresenting Age. No underage person shall misrepresent the person's age for the purpose of obtaining intoxicating liquor or 3.2 percent malt liquor, nor shall the person enter any premises licensed for the retail sale of intoxicating liquor or 3.2 percent malt liquor for the purposes of purchasing or having served or delivered any alcoholic beverage. Nor shall any such person purchase, attempt to purchase, consume, or have another person purchase for the underage person any intoxicating liquor or 3.2 percent malt liquor. F. Identification Requirements Page 12 of 18 1. Identification Required. Any person shall, upon demand of the licensee, his employee, or agent, produce and permit to be examined one of the forms of identification provided under Minnesota Statutes Section 340A.503, subd. 6. 2. Prima Facie Evidence. In every prosecution for a violation of the provisions of this section relating to the sale or furnishing of intoxicating liquor or 3.2 percent malt liquor beverages to underage persons and in every proceeding before the Council with respect thereto, the fact that the uunderage person involved has obtained and presented to the licensee, his employee or agent, a driver's license, passport or identification card from which it appears that said person was not an underage person and was regularly issued such identification card, shall be prima facie evidence that the licensee, his agent or employee is not guilty of a violation of such a provision and shall be conclusive evidence that a violation, if one has occurred, was not willful or intentional. Section 21. This Section has been left blank for future use. Section 22. Revocation or Suspension of License. The Council may suspend or revoke any license for the sale of intoxicating or 3.2 percent malt liquor for any of the following reasons: A. False or misleading statements made on a license application or renewal, or failure to abide by the commitments, promises or representations made to the City Council. B. Violation of any special conditions under which the license was granted, including, but not limited to, the timely payment of real estate taxes, and all other charges. C. Violation of any Federal, State, or local law regulating the sale of intoxicating liquor, 3.2 percent malt liquor, or controlled substance. D. Creation of a nuisance on the premises or in the surrounding area. E. That the licensee suffered or permitted illegal acts upon the licensed premises or on property owned or controlled by the licensee adjacent to the licensed premises, unrelated to the sale of intoxicating liquor or 3.2 percent malt liquor. Page 13 of 18 F. Expiration or cancellation of any required insurance, or failure to notify the City within a reasonable time of changes in the term of the insurance or the carriers. Section 23. Hearina Notice For Revocation or Suspension of License. Revocation or suspension of a license by the City Council shall be preceded by public hearing conducted in accordance with Minnesota Statutes Section 14.57 to 14.70. The City Council may appoint a hearing examiner or may conduct a hearing itself. The hearing notice shall be given at least 10 days prior to the hearing, include notice of the time and place of the hearing, and state the nature of the charges against the licensee. Section 24. Prohibited Conditions. A. Prostitution. No licensee shall knowingly permit the licensed premises or any room in those premises or any adjoining building directly under the licensee's control to be used by prostitutes. B. Controlled Substances. No licensee shall knowingly permit the sale, possession or consumption of controlled substances on the licensed premises in violation of state law. C. Gambling. Gambling and gambling devices, with the exception of licensed charitable gambling organizations, are not permitted on licensed premises. State lottery tickets may be purchased and sold within licensed premises as authorized by the director of the state lottery. Section 25. Inactive License. The City Council may revoke the intoxicating liquor or 3.2 percent malt liquor license of any establishment granted a license that is not under construction and exhibiting satisfactory progress toward completion within 6 months from its issuance, or any establishment that ceases operation for a period of 6 months. A hearing shall be held to determine what progress has been made toward opening or reopening the establishment and, if satisfactory progress is not demonstrated, the Council may revoke the license. Section 26. Buildina Chanqes. Proposed enlargement or substantial alteration which changes the character of the establishment, or extension of premises previously licensed shall be reported to the City Clerk at or before the time application is made for a building permit for any such change. The enlargement, substantial alteration or extension shall not be allowed unless the Council approves an amendment to the license. Section 27. Public Character of liquor Sales. Page 14 of 18 No sale of liquor shall be made to or in guest rooms of hotels unless: A. the rules of such hotel provide for the service ,of meals in guest rooms; B. the sale of such liquor is made in the manner on-sales are required to be made; C. such sale accompanies and is incidental to the regular service of meals to guests therein; D. the rules of such hotel and the description, location, and number of such guest rooms are fully set out in the application for the liquor license. Section 28. Presumptive Civil Penalties. A. Purpose. The purpose of this Section is to establish a standard by which the City Council determines the length of license suspensions and the propriety of revocations, and shall apply to all premises licensed under this ordinance. These penalties are presumed to be appropriate for every case; however, the Council may deviate in an individual case where the Council finds that there exist substantial reasons making it more appropriate to deviate, such as, but not limited to, a licensee's efforts in combination with the State or City to prevent the sale of alcohol to minors. When deviating from these standards, the Council will provide written findings that support the penalty selected. B. Minimum Penalties for Violations. The minimum penalties for convictions or violations must be presumed as follows (unless specified, numbers below indicate consecutive days' suspension): The following violations require revocation of the license on the first violation: · Commission and/or of a felony related to the licensed activity. · Sale of alcoholic beverages while license is under suspension. · Sale of intoxicating liquor where only license is for 3.2 percent malt liquor. Any violation not listed in the previous information would be heard by the Council and they would review all information and circumstances and determine a penalty with the maximum fine of $2,000 and/or 50-day suspension or determine the license should be revoked. Page 15 of 18 License holders have the right to request a hearing before the City Council if not in agreement with the presumptive penalty. The City Administrator also has the right to request a hearing before the Council if he/she/they believe there exists substantial reason making it appropriate to deviate from the presumptive penalty. If the City Administrator and licensee agree on the presumptive penalty, these will be reported to the City Council in a staff report. C. Multiple Violations. At a licensee's first appearance before the Council, the Council must act upon all of the violations that have been alleged in the notice sent to the licensee. The Council in that case must consider the presumptive penalty for each violation under the first appearance column in subsection (B) above. The occurrence of multiple violations is grounds for deviation from the presumed penalties in the Council's discretion. D. Subsequent Violations. Violations occurring after the notice of hearing has been mailed, but prior to the hearing, must be treated as a separate violation and dealt with as a second appearance before the Council, unless the City Administrator and licensee agree in writing to add the violation to the first appearance. The same procedure applies to a second, third, or fourth appearance before the Council. E. Subsequent Appearances. Upon a second, third, or fourth appearance before the council by the same licensee, the Council may impose the presumptive penalty for the violation or violations giving rise to the subsequent appearance without regard to the particular violation or violations that were the subject of the first or prior appearance. However, the Council may consider the amount of time elapsed between appearances as a basis for deviating from the presumptive penalty imposed by this Section. F. Computation of Violations. Multiple violations are computed by checking the time period of the three years immediately prior to the date of the most current violation. G. Other Penalties. Nothing in this Section shall restrict or limit the authority of the council to suspend up to sixty (60) days, revoke the license, impose a civil fine not to exceed two thousand dollars ($2,000.00), to impose conditions, or take any other action in accordance with law; provided, that the license holder has been afforded an opportunity for a hearing in the manner provided in this Chapter. H. Notification. If a licensed establishment is cited for a violation of this ordinance, the Chief of Police must provide a letter of notification to the licensee and the City Council through the City Administrator within 30 days after the violation occurred. Page 16 of 18 Regular Penalty Grid: Type of License On-sale Intoxicating Li uor Off-sale Intoxicating Liquor On-sale Beer and Wine Off-sale 3.2 Malt First Violation $500 and 5 Days Sus ens ion $500 and 3 Days Suspension $500 and 5 Days Sus ension $1,000 and 10 Days Sus ension Second Violation $1,000 and 10 Days Sus ension $1,000 and 7 Days Suspension $1,000 and 10-Days Sus ension $1,500 and 20 Days Sus ens ion Third Violation $2,000 and 15 Days Sus ension $2,000 and 12 Days Sus ens ion $2,000 and 15 Days Sus ens ion $2,000 and 40 Days Sus ens ion Fourth Violation Revocation Revocation Revocation Revocation I. Best Practices Program Establishments entering into an agreement with the Police Department as a Best Practice Program will use the Best Practices violation grid as described in this ordinance. The following violations fall under this violation grid broken down by type of license. . Sale of alcoholic beverages to under-age persons. . Sale of alcoholic beverages to obviously intoxicated person. · After hours sale/display/consumption of alcoholic beverage. . Illegal gambling on premises. · Failure to take reasonable steps to stop person from leaving premises with alcoholic beverages (on-sale allowing off-sale). BEST PRACTICES PENALTY GRID: Type of First Second Third License Violation Violation Violation On-sale $500 $1,000 and Return to regular penalty grid Intoxicating 5 Days and Off Best Practices for one Liquor Suspension year Stayed Off-sale $500 $1,000 and Return to regular penalty grid Intoxicating 3 Days and Off Best Practices for one Liquor Suspension year Staved On-sale $500 $1,000 and Return to regular penalty grid Beer and 10 Days and Off Best Practices for one Wine I Suspension year Page 17 of 18 Stayed Off-sale $1,000 $1,500 and Return to regular penalty grid 3.2 Malt 10 Days and Off Best Practices for one Suspension year Staved Section 29. Effective Date. This ordinance shall be effective immediately upon the date of its publication. Adopted by the City Council of Centerville this day of ,2002. Tim Swedberg Mayor Attested: Teresa Bender City Clerk Page 18 of 18 , . CITY OF CENTERVILLE PLANNING AND ZONING COMMISSION AUGUST 6, 2002 Pursuant to due call and notice thereof, the Planning and Zoning Commission held their regularly scheduled meeting on August 6, 2002, at 6:30 p.m. PRESENT: Ray DeVine Tom Wilharber Mary 10 Hehnbrecht ~:r~E @i~ None r?@\V7(D\@ ~S "D'IY \;!9 ABSENT: COUNCIL: None STAFF: Ms. Bender I. CALL TO ORDER 1. Roll Call The meeting was called to order at 6:30 p.m. II. PUBLIC HEARlNG(S) None. III. A W ARDS/PRESENT A nONSI APPEARANCES 1. Mr. Roger Fink. 6907 Center Street/20th Avenue (Rezone from B-1 to R2A) Mr. Roger Fink of Center Oaks Partnership addressed the Commission to discuss a concept plan for building twinhomes if the property is rezoned. Mr. Fink explained where the parcel he wanted to rezone was located and indicated that it is adj acent to single family residential. Mr. Fink explained that Kenco Homes is a sister unit and would build the twinhomes being considered for this site. Page I of 10 Planning and Zoning August 6, 2002 Meeting Minutes Mr. Fink indicated he felt this proposal would enhance the tax base because if the parcel remains a business district it may be a long time before a commercial user would be interested in it. Mr. Fink indicated that the project is targeted for empty nesters or seniors with a slab on grade one level living design. He then indicated the homes would have a two car attached garage and a generous backyard/open space area. Commissioner Wilharber asked if the garages would be on the north of the twinhomes. Mr. Fink indicated that each unit has a garage in the front and pointed out the location on a map. Commissioner DeVine asked what price range the twinhomes would be in. Mr. Fink indicated the estimate is in the low $150,000's. He then said he drove through Eagle Pass and did not check to see what the homes sold for but they seem to be selling as fast as they are built. Commissioner Helmbrecht indicated that the information provided indicates a 420 square foot garage and pointed out that the City's Code requires a minimum of 440 square feet. Mr. Fink explained that they ran into grading issues with the low elevation in back as well as setback issues and this concept allowed them to comply with the 20 feet between each structure for sideyard setback, a 10 foot sideyard to the west, and a 35 foot setback from the street curb. Ms. Bender indicated there would need to be the right-of-way plus the 35 feet. Mr. Fink indicated he would look at that but said he is not sure ifthe drawing shows the curb or the right-of-way. Chair Hanson asked if these twinhomes would have their own association. Mr. Fink indicated this would be its own separate association and would not be folded into any other. Commissioner McLean commented that there is a concern with the commercial tax base and a need to balance whether the property would ever develop commercially versus allowing this type of change in zoning. Mr. Fink indicated if the parcel remained business it would be a small building due to the size of the parcel and he estimates the City would end up with a 1200 square foot building. He then said that he calculates that the tax base from that size building would be $5,000 to $6,000 whereas the twinhomes as proposed would generate around $8,000 for the tax base. Commissioner DeVine indicated that residents have said they want owner-occupied housing when there was a previous public hearing. Page 2 of 10 Planning and Zoning August 6, 2002 Meeting Minutes Ms. Bender indicated that someone had called on the north property and expressed interest in making it a boat manufacturing company. She then indicated that residents have said they would prefer something more residential than commercial. Commissioner Wilharber commented that owner-occupied is important because there are a lot of rental units in Willow Glen and they generate more calls for service from the police and social services. He then asked how that would be controlled to ensure that the units would always be owner-occupied. Mr. Fink indicated he would be willing to sign an agreement with the City to sell to buyers that are willing to take occupancy of the property but said that it would be difficult for the City to control someone's right to rent out their property. He also commented that the design of the home may limit interest in renting. Commissioner Wilharber asked if Mr. Fink had spoken to Mr. Palzer in public works for further information. Mr. Fink indicated he had not but said he would be communicating with Rice Creek Watershed District and the building official. He then indicated that a wetland delineation had been done for the property and commented that they are not intending to impact the wetlands in any way. Commissioner Wilharber asked ifMr. Fink had met with the neighbors to the south. Mr. Fink said he had not. Commissioner Wilharber commented that this would be a movement that would more easily meet with the approval of residents in Center Oaks. Commissioner Kilian said he could not see rezoning the property when no one can know what will happen in the future. Commissioner Wilharber clarified that there would be such a small commercial building that the tax base would not be a large benefit to the City. Commissioner Helmbrecht indicated that a wetlands trade could be done in order to allow room for a larger building. She then said that the commercial property in town is very limited and she would be hesitant to zone away from commercial. Commissioner Wilbarber indicated that he felt the concept was good but said the lawyer would need to look at it for the developer's agreement and public works would need to make sure codes are met. Commissioner Kilian asked for clarification as to whether it is 420 square feet of garage for each unit or per building. Mr. Fink held up an elevation drawing of the homes they built in Blaine and said it seems they are two garages for each unit. Page 3 of 10 Planning and Zoning August 6, 2002 Meeting Minutes Chair Hanson asked what market they were going after with the split entry model shown. Mr. Fink indicated that empty nesters go for the split entry to get more square footage as well as first time homebuyers because of the price point. Mr. Fink asked if they were to proceed with a formal application for rezoning how that would be received. Chair Hanson said he would think that the neighbors would be in support of it rather than commercial property. Commissioner DeVine asked what the timeframe would be. Mr. Fink asked what the timeframe for rezoning would be. Commissioner DeVine indicated it would be about two months. He then said that one of the main goals of the current Mayor and City Council was to increase the commercial tax role of the city. He further said that he does not agree that the goal would be diminished by this and then said that he is not sure that Council would approve a rezone if recommended by the Planning Commission. Commissioner Kilian indicated that he felt it would be a domino effect if the property is rezoned back to residential as the other parcels along that stretch would want to do the same. Commissioner McLean commented that the City could be sitting on the property for a number of years waiting for it to develop commercially. He then said that he does not think the property would develop until after the industrial park is full. Commissioner DeVine commented that a planner would say R2A would fit in fine but as taxpayers he wants to say do not take away our commercia! property. He then said that if someone tried to put in something like a McDonalds there would be opposition from the neighbors. Chair Hanson commented that the parcel is a bad location for business. Commissioner Wilharber commented that, if the County gets its way with widening Main Street, the City may need to rezone some parcels as the residences will be lost. Commissioner Kilian commented that there have been complaints of traffic on Centerville Road and more and more traffic is traveling on 20th Avenue. He then said he does not think it will be that long before the property develops commercially. Commissioner Wilharber commented that the group was split 50/50 and then said that Council makes the final decision. Mr. Fink thanked the Commission for the comments and said they would discuss it and determine what to do. Page 4 of 10 Planning and Zoning August 6, 2002 Meeting Minutes IV. OLD BUSINESS 1. Right of Way Ordinance Commissioner Helmbrecht indicated the language concerning codes in the begirming is not needed. She then said she questioned on Page 2 whether continuous length in excess of 500 feet was used by other cities or what the standard is. Commissioner DeVine said others are using that number because this was received from the League of Minnesota Cities. Ms. Bender indicated she would look into whether the ordinance as presented was approved by other cities or if th~wording was changed. Commissioner Helmbrecht asked about fees for unreasonable delays and permit extensions as it seems the two sections do not agree. Commissioner DeVine explained the delay penalty happens if the permit is extended without the applicant making an application to do so. He then commented that the penalty is set by the City Council. Commissioner Helmbrecht asked that public works reVIew the wording on Page 3 concerning pavement patching. Commissioner Helmbrecht suggested reviewing the language on Page 5 because she is not sure the City has a capital improvement plan. Commissioner Helmbrecht asked that the wording on Page 7 under Subdivision 2 be changed to add "and the well being of the general public. She also asked for the same change on Pages 9 and 10. Commissioner Helmbrecht asked for an explanation of what franchise fees were. Ms. Bender indicated the City does not have franchise fees. Commissioner Helmbrecht asked that someone look into the franchise fee section. Ms. Bender indicated Staff would review the matter. The Commission asked to delete the wording "for reasons beyond the permittee's control." Commissioner Helmbrecht asked whether the City would need to consider an under grounding ordinance. The Commission asked Staff to check with Mr. Palzer to see if the City needs an under grounding ordinance. Page 5 of 10 Planning and Zoning August 6, 2002 Meeting Minutes Commissioner DeVine said he would be concerned with removing things before showing the ordinance to the attorney. He then said that the questions should be shown to the attorney before anything is removed from the ordinance. Ms. Bender indicated that she would ask the attorney to reVIew the Commission's proposed modifications. Commissioner Helmbrecht asked if the fees were comparable to other cities. Ms. Bender suggested removing that section and adding the fees to the fee schedule as the ordinance would not need to be changed each time the fee changed. She then said that she could verify the fees charged in other cities. Commissioner DeVine asked forthe following request to be bolded in the minutes: THE COMMISSION REQUESTED THAT STAFF SEEK THE OPINION OF THE CITY ATTORNEY WITH REGARD TO THE PROPOSED CHANGES TO THE RIGHT OF WAY ORDINANCE BEFORE THOSE CHANGES ARE MADE. V. NEW BUSINESS I. Ordinance #59 - Star Citv Commission (Repeal- Program Sunsetted) Motion bv Commissioner DeVine, seconded bv Commissioner Wilharber to recommend repealine: Ordinance #59. Aves - 5, Navs - 1 (Helmbrecht). Motion carried. VI. DISCUSSION ITEMS I. 2003 Planning and Zoning Meeting Minutes Motion bv Commissioner DeVine, seconded bv Commissioner Wilharber to approve the 2003 bude:et as the same as 2002. Ms. Bender asked if the Commission wanted to keep professional services at $3,000. The Commission indicated that it did. Ms. Helmbrecht asked for clarification of the $2,400 from 200 I. Ms. Bender indicated that it was for AP A, the recording secretary and memberships. Commissioner Kilian asked for clarification of the $822.00 spent year-to-date for professional services. Ms. Bender indicated she could provide detailed information on the requested items if desired. Commissioner DeVine asked which budget is charged when the Commission seeks the opinion of the City Attorney. Page 6 of 10 Planning and Zoning August 6, 2002 Meeting Minutes Commissioner Helmbrecht suggested recommending that Council ask for clarification from the City Attorney. Commissioner Kilian asked what the total budget is. Chair Hanson indicated the total budget is $6,780.00. VOTE: All in favor. Motion carried unanimouslv. 2. Fencing Issues & Zoning PermitlRevision to Ord #4 (September) Commissioner DeVine indicated that the Commission has been waiting for Mr. Palzer to provide a list of items he wants to have permits for. Ms. Bender indicated she would ask for an update in memo form from Mr. Palzer. Ms. Bender indicated there are two cases where fences were placed on property lines without securing a neighbor's signature as required. Commissioner Hehnbrecht asked if they could get permission after the fact. Ms. Bender explained that in one situation the neighbors agreed on a privacy fence but a chain link fence was installed and the neighbor has not yet provided signed permission. She then said that she had been told that these types of issues are civil issues between the parties but the residents are suggesting it is a City responsibility. Commissioner DeVine commented that the ordinance was written with the intent to require your neighbor's permission. Chair Hanson indicated that the matter is a civil issue. Ms. Bender commented that it is an ordinance violation because there is no signature by the neighbor. Chair Hanson indicated the fence would need to come down or be moved. Commissioner DeVine asked for copies of other fence ordinances to see what other cities are doing. He then said that it is common to allow fences on the property line. Commissioner Helmbrecht commented that Ms. Moore-Sykes had recommended requiring a fence permit. Ms. Bender explained the other fencing issue is between two neighbors who are fighting over the fence but also the true location of the property line and they think it is a City responsibility and refuse to have a survey done. Page 7 of 10 Planning and Zoning August 6, 2002 Meeting Minutes Commissioner DeVine said he would like to look at other ordinances to see how other cities handle this type of situation. Commissioner Wilharber indicated tbat Mr. Sweeney had sent in an Ordinance #4 question concerning setbacks for enclosed front porches. Ms. Bender commented that if it is not completely enclosed it is allowed. Ms. Bender indicated there had also been a complaint concerning an accessory structure tbat is quite tall with a barn style roof. She tben commented tbat Staff had reviewed tbe ordinance and accessory structures can be as tall as 35 feet per ordinance. Chair Hanson indicated he had thought the Commission limited the height of accessory structures to no more than 14 feet. Ms. Bender found the section in Ordinance #4 and read it for the Commission. The Commission agreed that the maximum height of accessory structures needed to be addressed. Commissioner Helmbrecht asked for an update of what will be published for Ordinance #4. The Commission asked for a copy of the new ordinance. Commissioner Kilian asked for copies of the ordinances that have been finished in the last two or three years. Chair Hanson also asked for a list of the ordinances that are more tban three years old. Commissioner Helmbrecht asked for the adult ordinance to be on the agenda for the next meeting. Chair Hanson asked why there was no public hearing on the tattooing and body piercing as requested. Ms. Bender indicated that Council had requested that changes be made and the public hearing will be in August. Commissioner DeVine said he did not think the ordinances were given to Council as the request was to schedule the public hearing. Ms. Bender explained tbat the process has been modified so tbat the City Council can provide review and input before tbe public hearing in an effort to save tbe City money. She further commented that tbere have been several instances when a public hearing is held and a recommendation made and tben Council makes changes. Page 8 oflO Planning and Zoning August 6, 2002 Meeting Minutes Commissioner Kilian asked that Staff provide information in packets in this type of situation in the future so that the Commission is aware of why the public hearing, as requested, has not been scheduled. Ms. Bender asked if the Commission was aware that the Mayor has requested that any meeting where there is a public hearing scheduled be cablecast. She then asked if the Commission wanted to have the public hearing at the Planning Commission or Council level. The Commission indicated that Council could make that determination and said that it would be a cost savings to have the public hearing at the Council level so that there is not more cost to cablecast meetings. Ms. Bender indicated that any public hearings for Ordinance #4 require two public hearings and there would be one at the Planning Commission level and one at Council. Ms. Bender asked if the Commission wanted to see Ordinances 70 and 71 before the public hearing. The Commission indicated that they wished to see the ordinances as well as information on Council input. Commissioner McLean asked if the Commission still has a vacancy. Ms. Bender indicated that there is a vacancy on the Commission and said that information is being run on cable concerning the opening. Commissioner Wilharber suggested that the vacancy be placed in the week in review that is published in the Ouad to reach more residents. Commissioner Kilian indicated he was asked by City workers why the berm is not on the east side of the Drilling development. He also indicated that there was a question as to why it had not been sodded and looks like seed will be used. Ms. Bender indicated a trail needed to be constructed. Commissioner Kilian indicated there is also a concern about handicap accessibility. Commissioner DeVine suggested directing the questions to Ms. Moore-Sykes as that type of issue is not a zoning issue. Commissioner Wilharber commented that the matter is a City issue and asked Ms. Bender to direct them to Ms. Moore-Sykes. Ms. Bender commented that she wished that Staff would feel more comfortable talking to Ms. Moore-Sykes with these types of issues. Commissioner Kilian indicated he would come to City Hall around 10:30 a.m. on Friday, August 9, 2002 to discuss the matter with Ms. Moore-Sykes. Ms. Bender asked for clarification as to whether the Commission wanted to review the adult establishment ordinance or the adult ordinance that was never approved. Page 9 of 10 Planning and Zoning August 6, 2002 Meeting Minutes Commissioner Hebnbrecht indicated the Commission wished to review the adult establishment ordinance to confrrm that there is language ~overing body piercing and tattooing. VII. CONSIDERATION OF MINUTES 1. Julv 2, 2002 Planning and Zoning Meeting Minutes Motion bv Commissioner Helmbrecht. seconded bv Commissioner DeVine to approve the JulV 2. 2002 Meetin!! Minutes as amended. All in favor. Motion carried unanimouslv. Commissioners Kilian and McLean abstained from voting as they were not present at the meeting. VIII. ADJOURNMENT Motion bv Commissioner Wilharber. seconded bv Commissioner Kilian to adiourn the Aue:ust 6. 2002 Plannm!! Commission Meetine: at 7:58 p.m. All in favor. Motion carried unanimouslv. Transcribed by: Joan Lenzmeier, Recording Secretary TimeSaver Off Site Secretarial, Inc. Page 10 of 10 " '~ ;.", ii, tervi{{e ,h ",."''" 'w The Best Practices Program Each licensee's participation can be customized to help fit their business, While there are mandatory criteria, businesses chose elective criteria as long as they meet the minimum required points for participation. The agreement is then signed by the licensee and key managers or operators of the establishment and the Police Chief, City Administrator, and Mayor. By establishing this program, the goal of the City of Centerville is: No Alcohol Sales to Minors. The City also wishes to enter into proactive practices in alignment with the Community Policing Philosophy to prevent and solve enforcement issues. There are (4) four required criteria for participation in the Best Practice Program for establishments: A. They must first agree to the annual inspection I background investigation to ensure criteria are being met. B. They must commit to a minimum of 75% of their employees trained by the Police Department. The training program options are covered in a later section. The 75% figure allows for the issue of employee turnover, but key persomel must be trained. C. The establishment must have a program in place for on- going training of new and current employees. D. A yearly meeting with managers gives the police department the opportunity to sit down with the on-site managers to go over any problems, concerns, or issues on either side for a better working relationship. If in the opinion of the Chief of Police or City Administrator a licensee is not acting in good faith, the licensee will not be allowed to participate in the Best Practices Program. There are several elective criteria in the program: . The establishment has a policy in place requlnng identification checks on all customers who do not appear to be at least 40 years of age on all alcohol purchases. . The establishment has a reward program in place for employees who find underage people attempting to purchase and turn them into the police. . The establishment has an automated 10 card scanner system in place. . The establishment has an internal compliance check program in place which has been approved by the police department. These programs usually involve using individuals who are old enough to purchase but do not appear so, to see if they are checked for identification. . Pre-agreement to meet immediately on compliance check violations. The police department waits for the criminal court process on the clerks who are charged to be completed before handling the administrative fine process with the business. In this option, the licensee agrees to meet on the administrative process without waiting for the criminal court process to be completed which speeds up the process as often the court process can take several months. . Pre-agreement to work on secondary sales. This is an enforcement project to work with police on individuals old enough to purchase themselves who purchase for others who are underage. Compliance Checks The Police Department may conduct two compliance checks each year for the Best Practices Program participants. A third compliance check is authorized for any establishment that has failed a compliance check. The Police Department is authorized to conduct frequent compliance checks at establishments not participating in the Best Practices Program. The City will allow any independent apprehension of a minor attempting to purchase that leads to charges to count as a pass for one of their two compliance checks for that year. Recognition and Community Education Recognition and community education are critical components of this project. Everyone can take pride in prevention of underage consumption. This ordinance establishes a recognition program at City expense to include: . Letters of Recognition to individual employees by officers at the time of the passed compliance check with a Letter of Thanks to the licensed establishment. . Each establishment that passes both compliance checks within a year will be given a framed certificate recognizing their achievement. . Annually, those establishments passing both compliance checks will be recognized in the Quad Press and Hugonian with a letter of thanks from the Council for the establishment's excellent prevention efforts focused on underage alcohol consumption. · Signage indicating a "Best Practice" license holder provided by the City for posting, a 5% discount on license renewal fees, and a separate penalty grid for violations · Best Practice establishments with a 3-year history of no compliance check failures, shall be designated "Gold Star Best Practice" license holders. They will receive signage by the City and receive a 10% discount on license renewal fees. If they have a compliance check failure, they follow the Best Practice penalty grid, and return to "Best Practice" establishment status. . Both the Police Department and City Administrator are encouraged to work with the school district and other organizations to educate citizens about the program and the preventive efforts of the Best Practices Program. · Both the Police Department and City Administrator are encouraged to work with licensee's for additional opportunities to recognize prevention results. Training Program The Police Department shall designate a Best Practices Program Coordinator. The Coordinator will focus on liaison with licensed establishments and the City Administrator. The coordinator will provide opportunities to train employees using an accredited or recognized program. If a business, operating in the City of Centerville with a license defined under Section 8 of this ordinance with the exclusion of Temporary 3.2 Percent Malt Liquor licenses, On-Sale Temporary Intoxicating liquor licenses or a One Day Consumption permit agrees to be a "Best Practices" establishment. With this agreement we understand we must agree to several of the following items, including the first four mandatory items, to a total point value of at least 100 points. Selected Points Item Description Items Mandatory 15 Mandatory 15 Mandatory 15 Mandatory 15 Managers, Owners, and Police Department rsonnel 10 Employee reward program for rewarding employees who catch underage persons attem tin to urchase 10 A roved intemal com Iiance check ram 25 Preagreement to meet immediately on violations (meet with the Police Department and/or City Administrator immediately instead of waiting for criminal court roceedin s 10 Pre-agreement to work with Police Department on seconda sales 5 25% of employees trained by Accredited Training Pro ram 10 50% of employees trained by Accredited Training Pro ram 20 75% of employees trained by Accredited Training Pro ram 15 Discretion of the Police Chief/Administrator to acknowled e sitive ractices , . 4 tervi[!e C,II'WaJiM"d l&F City of Centerville Best Practices Application Business Address: Business Phone: All owners and operating managers please sign, date, and provide a home phone or other reliable contact number. Signature Date Phone Signature Date Phone Signature Date Phone For the City of Centerville Signature Chief of Police Date Phone Signature City Administrator Date Phone Signature Mayor Date Phone Ucensed establishments that choose not to participate in the Best Practices U21 Program or are found in violation for a third time will follow the regular penalty grid. FINANCING OVERVIEW ANDTIMEUNE For teroi{le 'r:.ii#~';~Jrr;r Ul..;~'" $635,000 General Obligation Improvement Bonds of 2002 Pheasant Marsh Phase 2 Presented to: Mayor Tim Swedberg Members, City Council Kim Moore-Sykes, Administrator George Eilertson V~OU UlJIIUBU)opn&OU ~fi3J lQl1USJ.q lnunJ ~.NO~qA ':;l-",:} .,_:,y - -"' -,-.J ".h,.," Vice President August 28, 2002 City of Centerville 1880 Main Street Centerville, MN 55038 612-370-2948 . $635,000 General Obligation Improvement Bonds of 2002 Project Overview & Financing l1meline Re(:OIIIIIIendation$ Proceeds of lhis issue will be used to finance street, curb and gutter, sewer, water and storm improvements in relation to the 2"" Phase of the Pheasant Marsh subdivision project. We recommend the foUuwing for the Bonds: 1. Action Requested To establish the date and time of receiving fiDancing bids. 2. Sale Date and Time Wednesday, September 25, 2002 at 11 ;00 A M, with award by the City Council on the same day at 6;30 P. M 3. Estimated Bond Closing Date The estimated closing date of the Bonds is October 14, 2002. 4. Authority and Purpose The Bonds are being issued pmsuant to Minnesota Statutes, Chapter 429 and 475 to finance street, curb and gutter, sewer, water and stonn improvements within the City and in relation to the Pheasant Marsh Phase 2 subdivision projecL . 5. Principal Amount of Offering $635,000 6. Repayment Term The Bonds will mature ammally on February I, beginning in 2005 with the final matmity in 2014.lnterest on the Bonds will be payable on August I, 2003, and semiannually thereafter on each February I and August 1. 7. Source of Debt Service Revenues Debt service will be payable from special assessments against affected property owners and supported by ad valorem taxes on all taxable property within the City. 8. Prepayment Provisions Bonds matmiug on or after February I, 2009 will be callable February I, 2008 and any business date thereafter at a price of par pIns accrued interest . . STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVllLE RESOLUTION #02-33 RESOLUTION ESTABLISmNG PROCEDURES RELATING TO COMPLIANCE WITH RElMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE BE IT RESOLVED by the City Council (the "Council") of the City of Centerville, Minnesota (the "City"), as follows: 1. Recitals. (a) The Internal Revenue Service has issued Treasury Regulations, Section 1.150-2 (as the same may be amended or supplemented, the "Regulations"), dealing with "reimbursement bond" proceeds, being proceeds of bonds used to reimburse the City for any project expenditure paid by the City prior to the time of the issuance of those bonds. (b) The Regulations generally require that the City (as the issuer of or the primary obligor under the bonds) make a declaration of intent to reimburse itself for such prior expenditures out of the proceeds of subsequently issued bonds, that such declaration be made not later than 60 days after the expenditure is actually paid, and that the bonding occur and the written reimbursement allocation be made from the proceeds of such bonds within 18 months after the later of (1) the date of payment of the expenditure or (2) the date the project is placed in service (but in no event more than 3 years after actual payment). (c) The City heretofore implemented procedures for compliance with the predecessor versions of the Regulations and desires to amend and supplement those procedures to ensure compliance with the Regulations. (d) The City's bond counsel has advised the City that the Regulations do not apply, and hence the provisions of this Resolution are intended to have no application, to payments of City project costs first made by the City out of the proceeds of bonds issued prior to the date of such payments. 2. Official Intent Declaration. The Regulations, in the situations in which they apply, require the City to have declared an official intent (the "Declaration") to reimburse itself for previously paid project expenditures out of the proceeds of subsequently issued bonds. The Council hereby authorizes the Administrator to make the City's Declarations or to delegate from time to time that responsibility to other appropriate City employees. Each Declaration shall comply with the requirements of the Regulations, including without limitation the following: 1382917vl . (a) Each Declaration shall be made not later than 60 days after payment of the applicable project cost and shall state that the City reasonably expects to reimburse itself for the expenditure out of the proceeds of a bond issue or similar borrowing. Each Declaration may be made substantially in the form of the Exhibit A which is attached to and made a part of this Resolution, or in any other format which may at the time comply with the Regulations. (b) Each Declaration shall (1) contain a reasonably accurate description of the "project," as defined in the Regulations (which may include the property or program to be financed, as applicable), to which the expenditure relates and (2) state the maximum principal amount of bonding expected to be issued for that project. ( c) Care shall be taken so that the City, or its authorized representatives under this Resolution, not make Declarations in cases where the City doesn't reasonably expect that reimbursement bonds will be issued to finance the subject project costs, and the City officials are hereby authorized to consult with bond counsel to the City concerning the requirements of the Regulations and their application in particular circumstances. (d) The Council shall be advised from time to time on the desirability and timing of the issuance of reimbursement bonds relating to project expenditures for which the City has made Declarations. 3. Reimbursement Allocations. If the City is acting as the issuer of the reimbursement bonds, the designated City officials shall also be responsible for making the "reimbursement allocations" described in the Regulations, being generally written allocations that evidence the City's use of the applicable bond proceeds to reimburse the original expenditures. 4. Effect. This Resolution shall amend and supplement all prior resolutions and/or procedures adopted by the City for compliance with the Regulations (or their predecessor versions), and, henceforth, in the event of any inconsistency, the provisions of this Resolution shall apply and govern. Adopted this _ day of , 2002, by the CentervilIe City Council. 1382917v1 2 . CERTIFICATION The undersigned, being the duly qualified and acting Administrator of the City of Centerville, Minnesota, hereby certifies the following: The foregoing is true and correct copy of a Resolution on file and of official, publicly available record in the offices of the City, which Resolution relates to procedures of the City for compliance with certain IRS Regulations on reimbursement bonds. Said Resolution was duly adopted by the governing body of the City (the "Council") at a meeting of the Council held on , 2002. Said meeting was duly called, regularly held, open to the public, and held at the place at which meetings of the Council are regularly. held. Councilmember moved the adoption of the Resolution, which motion was seconded by Councilmember . A vote being taken on the motion, the following members of the Council voted in favor of the motion to adopt the Resolution: and the following voted against the same: Whereupon said Resolution was declared duly passed and adopted. The Resolution is in full force and effect and no action has been taken by the Council which would in any way alter or amend the Resolution. WITNESS MY HAND officially as the Administrator of the City of Centerville, Minnesota, this _ day of , 2002. Administrator City of Centerville, Minnesota 3 1382917vl EXHIBIT A Declaration of Official Intent The undersigned, being the du1y appointed and acting Administrator of the City of Centerville, Minnesota (the "City"), pursuant to and for purposes of compliance with Treasury Regu1ations, Section 1.150-2 (the "Regulations"), under the Internal Revenue Code of 1986, as amended, hereby states and certifies on behalf of the City as follows: 1. The undersigned has been and is on the date hereof duly authorized by the Centerville City Council to make and execute this Declaration of Official Intent (the "Declaration") for and on behalf of the City. 2. This Declaration relates to the following project, property or program (the "Project") and the costs thereof to be financed: 3. The City reasonably expects to reimburse itself for the payment of certain costs of the Project out of the proceeds of a bond issue or similar borrowing (the "Bonds") to be issued after the date of payment of such costs. As of the date hereof, the City reasonably expects that $ is the maximum principal amount of the Bonds which will be issued to fmance the Project. 4. Each expenditure to be reimbursed from the Bonds is or will be a capital expenditure or a cost of issuance, or any of the other types of expenditures described in Section 1. 150-2(d)(3) of the Regulations. 5. As of the date hereof, the statements and expectations contained in this Declaration are believed to be reasonable and accurate. Date: ,2002 Mayor 1382917vl Administrator A-I EXHIBIT A Declaration of Official Intent The undersigned, being the duly appointed and acting Administrator of the City of Centerville, Minnesota (the "City"), pursuant to and for purposes of compliance with Treasury Regulations, Section 1.150-2 (the "Regulations"), under the Internal Revenue Code of 1986, as amended, hereby states and certifies on behalf of the City as follows: 1. The undersigned has been and is on the date hereof duly authorized by the Centerville City Council to make and execute this Declaration of Official Intent (the "Declaration") for and on behalf of the City. 2. This Declaration relates to the following project, property or program (the "Project") and the costs thereof to be financed: 3. The City reasonably expects to reimburse itself for the payment of certain costs of the Project out of the proceeds of a bond issue or similar borrowing (the "Bonds") to be issued after the date of payment of such costs. As of the date hereof, the City reasonably expects that $ is the maximum principal amount of the Bonds which will be issued to finance the Project. 4. Each expenditure to be reimbursed from the Bonds is or will be a capital expenditure or a cost of issuance, or any of the other types of expenditures described in Section 1.I50-2(d)(3) of the Regulations. 5. As of the date hereof, the statements and expectations contained in this Declaration are believed to be reasonable and accurate. Date: ,2002 Mayor Administrator 1382917vl A-I . Extract of Minutes of Meeting of the City Council of the City ofCenterville, Anoka County, Minnesota Pursuant to due call and notice thereof a regular meeting of the City Council of the City ofCenterville, Anoka County, Minnesota, was held at the City Hall in the City on Wednesday, August 28, 2002, commencing at 6:30 o'clock P.M. The following members of the Council were present: and the following were absent: * * * * * * * * * The following resolution was presented by Councilmember , who moved its adoption: RESOLUTIONNO. #02-034 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $635,000 GENERAL OBUGATION IMPROVEMENT BONDS OF 2002 BE IT RESOLVED By the City Council of the City of Centerville, Anoka County, Minnesota (City) as follows: SJB-219027vl CE155-19 I , L It is hereby determined that: (a) the following assessable public improvements (the Improvements) have been made, duly ordered or contracts let for the construction thereof, by the City pursuant to the provisions of Minnesota Statutes, Chapter 429 (Act); Proiect Designation & Description: Total Project Cost Pheasant Marsh Phase 2 proj ect Costs Costs ofIssuance Capitalized Interest Less: Est. ConstL Fund Investment Income Rounding factor $580,909 24,040 32,720 (1,139) (1,530) Total Issue: $635,000 (b) it is necessary and expedient to the sound financial management of the affairs of the City to issue $635,000 General Obligation Improvement Bonds of 2002 (Bonds) pursuant to the Act to provide financing for the Improvements. 2. To provide financing for the Improvements, the City will issue and sell Bonds in the amount of $626, 11 O. To provide in part the additional interest required to market the Bonds at this time, additional Bonds will be issued in the amount of $8,890. The excess of the purchase price of the Bonds over the sum of $626,110 will be credited to the debt service fund for the Bonds for the purpose of paying interest first coming due on the additional Bonds. The Bonds will be issued, sold and delivered in accordance with the terms of the following Terms of Proposal: SJB-219027vl CE155-19 TERMS OF PROPOSAL $635,000 General Obligation Improvement Bonds of2002 City of Centerville Anoka County, Minnesota (BOOK ENTRY ONLY) NOTICE IS HEREBY GIVEN that sealed proposals for the purchase of the above bonds will be received until 11:00 o'clock A.M., C.T. on Wednesday, September 25, 2002, in the offices of Juran & Moody, a division of Miller Johnson Steichen Kinnard Investment Securities, Inc. in Minneapolis, Minnesota, at which time the proposals will be opened and tabulated for consideration by the City Council at a meeting at 6:30 o'clock P.M. on the same day. The bonds are offered on the following terms. Purpose and Security The purpose of the bonds is to provide funds for the financing of assessable public improvements in the City. The bonds will be general obligations of the City, for which its full faith, credit and taxing powers are pledged together with special assessments against benefited properties. Details of the Bonds The bonds will be issued in fully registered form, will be dated October 1, 2002, will be in denominations of integral multiples of $5,000 each and will mature on February 1, in the years and amounts as follows: Year Amount Year Amount 2005 $55,000 2010 $65,000 2006 55,000 2011 70,000 2007 55,000 2012 70,000 2008 60,000 2013 70,000 2009 60,000 2014 75,000 Proposals for the Bonds may contain a maturity schedule providing for any combination of serial bonds and term bonds, subject to mandatory redemption, so long as the amounts of principal maturing or subject to mandatory redemption in each year conforms to the maturity schedule set forth above. SID-219027vl CE155.19 Book Entry System The Bonds will be issued by means of a book entry system with no physical distribution of Bonds made to the public. The Bonds will be issued in fully registered form and one Bond, representing the aggregate principal amount of the Bonds maturing in each year, will be registered in the name of Cede & Co. as nominee of The Depository Trust Company (nDTcn), New York, New York, which will act as securities depository of the Bonds. Individual purchases of the Bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the registrar to DTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The purchaser, as a condition of delivery ofthe Bonds, will be required to deposit the Bonds with DTC. Ootional Redemption The City may elect on February 1, 2008, and on any day thereafter, to prepay Bonds due on or after February 1,2009. Redemption may be in whole or in part and if in part at the option of the City and in such manner as the City will determine. If less than all Bonds of a maturity are called for redemption, the City will notifY DTC of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Prepayments will be at a price of par plus accrued interest. Mandatory Redemption Any term bonds issued will be subject to mandatory sinking fund redemption in part prior to their scheduled maturity dates on February 1 of certain years, as more fully described in the Details of the Bonds section herein, at a price of par plus accrued interest to the date of redemption. Interest Interest on the bonds will be payable on August 1, 2003, and semiannually thereafter on each February 1 and August 1. Bonds maturing on the same date must bear interest from date of issue until paid at a single, uniform rate. Each rate must be in an integral multiple of 1/20 or 1/8 ofl%. Interest will be computed on the basis ofa 360-day year of twelve 30-day months. SJB~219027vl CE155-19 Registrar The City will name the Registrar which will be subject to applicable SEC regulations. Principal will be payable at the principal office of the Registrar and interest will be payable by check or draft of the Registrar mailed to the registered holder of a bond. The City will pay the reasonable and customary charges for the services of the Registrar. CUSIP Numbers The City assumes no obligation for the assignment or printing of CUSIP numbers on the bonds or for the correctness of any numbers printed thereon, but will permit such numbers to be assigned and printed at the expense of the purchaser, if the purchaser waives any extension of the time of delivery caused thereby. Award The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non-substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals without cause, and, (iii) reject any proposal which the City determines to have failed to comply with the terms herein. Delivery Within 40 days after sale, the City will furnish and deliver to the office of the purchaser or, at its option, will deposit with a bank in the United States selected by it and approved by the City as its agent to permit examination by and to deliver to the purchaser, the printed and executed bonds, the unqualified opinion thereon of bond counsel, and a certificate stating that no litigation in any manner questioning their validity is then threatened or pending. The charge of the delivery agent must be paid by the purchaser but all other costs will be paid by the City. The purchase price must be paid upon delivery of the bonds in funds available for expenditure by the City on the day of payment. Legal Opinion An unqualified legal opinion on the bonds will be furnished by Kennedy & Graven, Chartered, Minneapolis, Minnesota. The legal opinion will be printed on the bonds at the request of the purchaser. The legal opinion will state that the bonds are valid and binding general obligations of the City payable primarily from special assessments against benefited properties and that the City is required by law to levy taxes for the principal and interest thereon as the same become due without limit as to rate or amount. SJB-219027vl CE155-19 Bond Insurance at Purchaser's Option If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of the bidder, the purchase of any such insurance policy or the issuance of any such commitment will be at the sole option and expense of the purchaser of the Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of insurance will be paid by the purchaser, except that, if the City has requested and received a rating on the Bonds from a rating agency, the City will pay the rating fee. Any other rating agency fees will be the responsibility of the purchaser. Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the purchaser will not constitute cause for failure or refusal by the purchaser to accept delivery on the Bonds. Official Statement The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly-final Official Statement as required by Rule l5c2-12 of the Securities and Exchange Commission. The Official Statement, when further supplemented by an addendum or addenda specifying the interest rates of the Bonds, together with any other information required by law, will constitute a Final Official Statement of the City with respect to the Bonds, as that term is defined in Rule 15c2-12. By awarding the Bonds to any underwriter or underwriting syndicate submitting an official Proposal Form therefor, the City agrees that, no more than seven business days after the date of such award, it will provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 25 copies of the Official Statement and the addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter executing and delivering an Official [Bid] Proposal Form with respect to the Bonds agrees thereby that if its [bid] proposal is accepted by the City (i) it will accept such designation and (ii) it will enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Continuin!;! Disclosure Participating underwriters need not comply with the continuing disclosure requirements of Rule 15c2-l2 promulgated by the Securities and Exchange Commission under the Securities Exchange Act of 1934 (the "Rule"), because the offering is in a principal amount less than $1,000,000. Consequently, the City will not enter into any undertaking to provide continuing disclosure of any kind with respect to the Bonds. SlB-219027vl CElSS-19 Type of Proposal - Amount A sealed proposal will be for not less than $626,110 and accrued interest on the total principal amount of the Bonds. Proposals will be accompanied by a good Faith Deposit ("Deposit") in the form of a certified or cashier's check or a Financial Surety Bond in the amount of $12,700, payable to the order of the City. If a check is used, it must accompany each proposal. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the City. Such bond must be submitted to Juran & Moody, a division of Miller Johnson Steichen Kinnard Investment Securities, Inc., prior to the opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteeifby such Financial Surety Bond. If the Bonds are awarded to an underwriter using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Juran & Moody, a division of Miller Johnson Steichen Kinnard Investment Securities, Inc., in the form of a certified or cashier's check or wire transfer as instructed by Juran & Moody, a division of Miller Johnson Steichen Kinnard Investment Securities, Inc., not later than 3 :30 P.M., Central Time, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The City will deposit the check of the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates will be in integral multiples of 5/1 00 or 118 of 1 %. Bonds of the same maturity will bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. BY ORDER OF THE CITY COUNCIL f sf Teresa Bender City Clerk Dated: August 28, 2002. Sffi-219027vl CE155.19 3. Juran & Moody, a division of Miller Johnson Steichen Kinnard Investment Securities, Inc. is authorized and directed to negotiate the Bonds in accordance with the foregoing Terms of Proposal. The City Council will meet at 6:30 o'clock P.M. on Wednesday, September 25, 2002, to consider proposals on the Bonds and take any other appropriate action with respect to the Bonds. The motion for the adoption of the foregoing resolution was duIy seconded by Councilmember , and upon vote being taken thereon the following members voted in favor of the motion: and the following voted against: whereupon the resolution was declared duly passed and adopted. SJEM219027vl CE155.19 STATE OF MINNESOTA ) ) COUNTY OF ANOKA ) ) CITY OF CENTERVILLE ) I, the undersigned, being the duly qualified and acting City Clerk-Treasurer of the City of Centerville, Minnesota, hereby certifY that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council of the City held on Wednesday, August 28, 2002, with the original minutes on file in my office and the extract is a full, true and correct copy of the minutes, insofar as they relate to the issuance and sale of $635,000 General Obligation Improvement Bonds of2002 of the City. WITNESS My hand as City Clerk and the corporate seal of the City this _ day of ,2002. City Clerk City of Centerville, Minnesota (SEAL) SJB.219027vl CE155-19 tervi[[e 'Esta6{isfzeci 1857 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE 1880 Main Street _ Centervi{{e, 'M'J{ 55038 (651) 429-3232 _ :Ja?( (651) 429-8629 RESOLUTION #02-035 RESOLUTION RATIFYING ACTIONS TO ORDER PUBLIC IMPROVEMENTS FOR PHEASANT MARSH WHEREAS, the City ofCenterville ("City") received a petition dated August 22,2001 from Ground Development, Inc. (the "Developer"), the owners of 100% of certain property to be benefited by public improvements to that property, for the city to undertake such improvements and assess the cost against such property, all in accordance with Minnesota Statutes, Chapter 429; and WHEREAS, the subject property consists of the plat known as the Pheasant Marsh Subdivision, and the petitioned improvements include sanitary sewer, water, storm sewer, streets, sidewalks, curb and gutter and trails (the "Improvements"); and WHEREAS, the Developer further waived all rights of appeal and objection to special assessments for the Improvements in an amount not to exceed $1,871,642; and WHEREAS, by Resolution No. 01-015 approved August 22,2001, the City Council found that the petition was signed by all owners of benefited property, and further ordered Phase I of the Improvements; and WHEREAS, subsequent to such action, the Council has proceeded further to prepare plans and specifications and accept bids for Phase II of the Improvements, which additional Improvements are within the scope of the original petition signed by Developer on August 22, 2001; NOW THEREFORE, be it resolved by the City Council of the City of Centerville, Minnesota as follows: 1. The Council orders Phase II of the Improvements for the Pheasant Marsh subdivision previously petitioned by Developer. 2. This resolution is intended to ratify all actions of the City staff and the City engineer in preparing plans and specifications and taking all other actions in connection with Phase II of the Improvements for Pheasant Marsh. Approved by the City Council of the City ofCenterville, Minnesota this 26th day of August, 2002. Mayor ATTEST: City Clerk SJB-219471vl CE155-19 ~. FINANCIAL ADVISORY SERVICE AGREEMENT BY AND BETWEEN THE CITY OF CENTERVILLE, MINNESOTA AND JURAN & MOODY This Agreement made and entered into by and between the City of Centerville, Minnesota (hereinafter "City'') and Juran & Moody, a division of Miller Johnson Steichen Kinnard, Incorporated of Minneapolis, Minnesota (hereinafter "JM''). WITNESSETH WHEREAS, the City desires to use the services of JM related to the issuance of City debt as described herein ("Debt"), and WHEREAS, 1M desires to furnish services to the City as hereinafter described, NOW, THEREFORE, it is agreed by and between the parties as follows: SERVICES TO BE PROVIDED BY JM Debt Issuance: Serve as the City's Financial Advisor for the issuance of Debt For the issuance of the municipal bonds, JM will provide all services necessary to analyze, structure, offer for sale and close the transaction including, but not limited to, the following: Planning and Development . Meet with the City officials and others as directed to define the scope and the objectives. . Assemble and analyze relevant statistical infonnation. . Prepare a preliminary feasibility study or discuss with City officials possible funding options and the fiscal implications of each. . Prepare details on the recommended options - information on the issue structure, method of issuance, term, sale timing, call provisions, etc. . Prepare a schedule of events related to the issuance process. . Attend meetings of the City Council and other project and bond issue related meetings as needed and as requested. Bond Sales . Prepare, cause to be printed, and distribute the Official statement and Bid Fonn to prospective bidders. . Cause to be published the Official Notice of Sale ifrequired by law. . Recommend whether the issue should secure a bond rating. If the issue is to be rated, prepare and furnish to the rating agencies the information they require to evaluate the issue and provide their rating. Serve as the City's representative to the rating agencies. . Directly contact underwriters most likely to serve as syndicate managers to assure that bidding interest is established. . Assist the City in receiving the bids, compute the accuracy of the bids received and recommed to the City the most favorable bid for award. . Coordiuate with bond counsel the preparation of required contracts and resolutions. Post Sale Support . Coordiuate the bond issue closing including making all arrangements for bond printing, registration, and delivery. . Furnish to the City a complete transcript of the transaction. . Assist, as requested by the City, with the investment of bond issue proceeds. Investment Assistance: Should the City desire to invest the proceeds from the issuance of the Debt issuance or any other funds of the City through JM in its capacity as broker, JM shall, at all times, transact such investments as principal. COMPENSA nON For the proposed sale by the City in 2002 of its approximate $635,000 General Obligation Improvement Bonds of2002 (the "Bonds"), JM's fee shall be lump sum of$8,750.00. The fee due to JM shall be payable by the City upon the closing of the Bonds. JM agrees to pay the fullowing expenses from its fee: . The cost of distributing the Official statements, if any. . Out-of-pocket expenses such as travel, long distance phone, and copy costs. . Production and distribution of material to rating agencies and lor bond insurance companies. . Preparation of the bond transcript. The City agrees to pay for all other expenses related to the processing of the bond issue including, but not limited to, the following: . Engineering and/or architectural fees. . Publication oflegal notices . Bond counsel and local attorney fees. . The cost of printing Official Statements. Page 2 . Fees for various debt certficiates. . City staff expenses. . Rating agency fees, if any. . Bond insurance fees, if any. . Accounting and other related fees. It is expressly understood that there is no obligation on the part of the City under the tenus of this Agreement to issue the Bonds. If the Bonds are not issued, 1M agrees to pay its own expenses and receive no fee for any services it has rendered. AUTHORIZATION TO BID As a broker dealer, JM is subject to the rules of the Municipal Securities Rulemaking Board (hereinafter "Board'). Pursuant to Rule G-23 of the Board, the City consents and does authorize 1M or any entity or company affiliated with JM to submit a comPetitive bid for the purchase of the Bonds. 1M agrees that any bid so submitted shall be fuxed directly to the City for receipt at least fifteen (15) minutes prior to the deadline otherwise established for the reciept of such a bid. SUCCESSORS OR ASSIGNS The tenns and provisions of this Agreement are binding upon and inure to the benefit of the City and 1M and their successors or assigns. TERM OF TillS AGREEMENT This Agreement may be tenninated by thirty (30) days written notice by either the City or 1M and it shall tenninate sixty (60) days following the closing date related to the issuance of the Bonds. Dated this 28th day of August, 2002. Juran & Moody By: Richard G. Asleson, Vice President City of Centerville, Minnesota By: Mayor By: Administrator Page 3 tervi[[e 'Estaflishetf 1857 STAFF REPORT DATE: August 28, 2002 TO: Mayor and City Council Kim Moore-Sykes, City Administrator ift~ FROM: RE: Rescheduling December 25, 2002 Council Meeting ............................................................................ Because the last meeting of December falls on December 25th, we will need to reschedule or cancel the last Council Meeting of the month and year. If you are interested in rescheduling, please come with possible dates to reschedule this meeting. tervi[[e 'Esta6lislied 1857 STAFF REPORT DATE: August 28, 2002 TO: Mayor and City Council Kim Moore-Sykes, City Administrator ,dAtI;; FROM: RE: 2003 Tax Levy ......................................................................... By law, cities are required to set their preliminary levy this year by September 13, 2002. While we do have one more Council meeting before that deadline, Staff put it on the agenda to give Council an opportunity to discuss it before it has to be approved and before Councilmember Broussard Vickers is on vacation. Councilmember Broussard Vickers did notify Staff and Council that she will be in Europe for most of September. Also, Council has indicated to Staff that Monday, August 26th is the last budget worksession and Staff felt that if Council can agree on the levy after this worksession, that we can get the resolution adopting the levy to the State sooner. The final levy is set and submitted to the State in December. The preliminary levy is generally set at the maximum allowed at this time to provide more time to determine what the final levy will be. As has been the case in previous years, a council can set it at the maximum and back down from there but a city cannot go higher from the preliminary levy. " '" tervi{{e 'EstaEJ[isftd 1857 1880 :Main Street . Centeroi1!e, :Jvf';A[ 55038 (651) 429.3232 . '.fa:c(651) 429.8629 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE RESOLUTION #02 - 036 RESOLUTION APPROVING PROPOSED 2003 BUDGET AND TAX LEVY BE IT RESOL YED by the City Council ot'the City of Centerville, County of Anoka, State of Minnesota, that the following proposed budget and tax levy be adopted for taxes payable in 2003 in the City ofCenterville for the following purposes: Expenditures Revenues Tax Levy General Fund $1,981,526 $418,846 $1,562,680 BE IT RESOL YED that the City Clerk is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Anoka County, Minnesota. PASSED AND ADOPTED by the City Council this 28th day of August, 2002. Attest Mayor City Clerk ~ , COUNTY OF ANOKA PROPERTY RECORDS AND TAXATION DIVISION GOVERNMENT CENTER. 2100 3RD AVENUE. ANOKA, MN 55303 FAX (763) 323-5421, . . Property Assessment . Property Records and Public Service . Property Tax Accounting and Research AU" " n ' b "lJ ilJUi August l6, 2002 Ms. Ellen Paul seth Finance Director City of Centerville laao Main 8t Centerville, MN 55038-9794 Dear Ms. Paulseth: The Truth in Taxation law, M.S. 275.065 requires cities to hold a public budget hearing for property taxes payable in the year 2003. The dates for this hearing cannot conflict with the initial hearing set by the county, metropolitan agencies or the school districts located in your city. However, your continuation hearing may conflict with the continuation hearing of another taxing district. These hearings must be held between November 29 and December 20, 2002. The continuation hearing must be at least 5 but no more than 14 business days after your initial hearing. Additionally, Chapter 389, Laws of 1998, requires that the first and second Mondays of December are reserved for use by the cities until September 15. The following taxing districts within your city have set the fo~~owing hearing dates: TAXING HEARING DISTRICT DATE AnokaCounty........ .......... . December 5 Metropolitan Agencies......... . December 4 8D #l2... . . . . . . . . . . . . . . . . . . . . . . December 3 RECONVENING DATE December-----r7 December 11 December 12 With this information you can now set the initial date for your public hearing and a date for reconvening the meeting, if necessary. In addition, the time and location of the initial meeting, the phone number an interested taxpayer may call and your payable 2003 certified proposed property tax levy is due on or before September 16, 2002. A proposed levy and hearing date certification form is enclosed. If you have any questions concerning the Truth in Taxation process, please call at (7,,3) 323-5435. Sincerely I ~~~ JtJ..n Flavin Manag~r-of Property Tax Accounting Encl. Affirmative Action I Equal Opportunity Employer .. ervi[[e 1880 'Jv(ainStreet _ CenterrJilfe, 'Jv('X. 55038 (651) 42;9-3232 . 'faz (651) 429-8629 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERV/ILLE RESOLUTION 01-017 Resolution Approving 2001 Tax Levy, Collectible in 2002 Be it resolved by the council of the City of Centerville, County of Anoka, Minnesota, that the following sums of money be levied for the current year, collectible in 2002, upon taxable property in the City of Centerville, for the following purposes: Total Levy $1,480,623.00 $1,834,413.00 Budget Amount Based on the recommendation of the city's accounting firm, the council of the City of Centerville will certify the maximum amount allowed. As we gain experience with the new State of Minnesota changes and work on the details of our budget, the City of Centerville may have a reduction forthcoming at the time of the final property tax levy. The city clerk is hereby instructed to transmit a certified copy of this resolution to the county auditor of Anoka County, Minnesota. ~ (-_..__._.._~' -" J'" - / --Attest'-\~",,--<7"-"," K,1~,~, J City ClerklTreasurer Mayor 180000 160000 140000 120000 100000 80000 60000 40000 20000 o Receipts & Disbursements and Payroll 8-14-02 thru 8-23-02 Cash Receipts $62,172.78 . C\\.~ eW eP "S:-~ rcC;) (j ~i\ 0f ccr" ~'- ",0 ~'2J.'l Payroll $4WJeO.38 ~i\ Xi ccr"C ~\.. e~ e~ J:.Cj .~ Q" ... " nio::;hl1r""fYl1;>nt $163,439.84 '" . . Amount CITY OF CENTERVILLE Cash Receipts August 14 through August 23. 2002 Tran Date R Comments Batch Name 08/23/02 2:32 PM Page 1 Account Oeser FUND 101 GENERAL FUND Act Type G $2.50 8/1412002 $0.50 8/14/2002 5200.00 8/14/2002 $77.50 8/14/2002 $0.50 8/1412002 564.00 8/14/2002 $200.00 8i14/2002 $88.50 8/14/2002 $200.00 8/14/2002 $0.60 8/14/2002 $1.50 8/14/2002 $1.50 8/16/2002 50.50 8/16/2002 $0.69 8i16/2G02 51,500.00 8/16/2002 $0.50 8116/2002 $0.50 8/16/2002 $0.50 811612002 $0.50 8/21/2002 $0.50 8121/2002 $0.50 8/21/2002 $0.50 812112002 $0.50 8121/2002 $0.19 8121/2002 $0.50 8121/2002 $0.50 812112002 $0.50 8121/2002 $30.21 8/22/2002 Act $2,374,19 Act Type R $3.20 8/6/2002 $25.00 8/14/2002 $104.30 8/14/2002 $184.00 8/14/2002 $1,877.04- 3/14/2002 52,685.29 8/14/2002 $25.00 8/14/2002 $229.85 8/1412002 52,373.44 8114/2002 $250.00 8/1412002 52,939.39 8/14/2002 $75,00 8/1412002 $25.00 8/14/2002 $8.00 8/1412002 $25,00 8114/2002 $16.00 8116/2002 $100.00 811812002 5110.00 8116/2002 $85.00 811612002 $50.00 811612002 $104.30 8116/2002 5250.00 8/21/2002 $60.00 8121/2002 $100,00 8/21/2002 $60.00 8/21/2002 o. 06825 CENTERVILlE RD - 02-127 8-14-02 G 101-24500 Bldg. Permit SurCharge o 1721 DUPRE RD - P02-025 8-14..()2 G 101-24501 Plmbing Permit Surcharg o 1748 DUPRE RD - 02-125 - TC BUILDERS 8-14-02 G 101-24504 Site Main. Escrow o 1748 DUPRE RD - 02-125 - TC BUILDERS 8-14-02 G 101-24500 Bldg. Permit Surcharge o 1689 PELTIER LAKE DR ~ 02-061 8~14w02 G 101-24503 Elec. Permit Surcharge 06987 PORTAGE WAY - 02-123 - SWIFT CONSTR 8-14-02 G 101-24500 Bldg, Permit Surcharge 06987 PORTAGE WAY - 02-123 - SWIFT CONSTR 8-14-02 G 101-24504 Site Main. Escrow o 6817 GROUSE HOLLOW-02-126 - JAMES MELCH 8-14-02 G 101-24500 Bldg. Permit Surcharge o 6817 GROU$E HOLLOW-02-126 - JAMES MELCH 8-14-02 G 101-24500 Bldg. Permit Surcharge o US UR Receipt Group 02 COMMERCIAL 8.14-02U G 101w11500 Accounts Receivable o 1941 -73RD ST. 02-124 8-14-02 G 101M24500 Bldg. Permit Surcharge 07232 MILL RD - 02-128 -RE-ROOF 8-16-02 G 101-24500 Bldg. Permit Surcharge 07249 CENTERVILLE RD - C02-063 8-16-02 G 101-24503 Elec. Pem1it Surcharge o US UR Receipt Group 01 RESIDENTIAL 081502UT G 101-11500 Accounts Receivable 01681 HUNTER'S TRAIL - SOD/GRADING ESCRO 8-16-02 G 101-24505 Sod Escrow o 1721 DUPRE RD - C02-064 8-16-02 G 101-24503 Elec. Permit Surcharge 07018 EAGLE TRAIL - C02-062 8-16-02 G 101-24503 Elec. Permit Surcharge 01778 DUPRE RD - P02-026 8-16-02 G 101-24501 Plmbing Perm,t Surcharg o 1778 DUPRE RD - M02-053 8-21-02 G 101 -24502 Mech. Permit Surcharge o 1778 DUPRE RD - C02-065 8-21-02 G 101-24503 Elec. Permit Surcharge o 1755 OJIBWAY OR - P02-028 8-21-02 G 101-24501 Plmbing Permit Surcharg o 1721 DUPRE RD - M02-052 8-21-02 G 101-24502 Mech. Pemlit Surcharge o 1757 OJIBWAY DR - P02-027 8-21-02 G 101-24501 Plmbing Permit Surd,arg o US UR Receipt Group 01 RESIDENTIAL 8-21-02U G 101-11500 Accounts Receivable o 1697 HUNTER'S TRAIL - P02-030 8-21-02 G 101-24501 PJmbing Permit Surcharg 07035 DUPRE RD - M02-054 8-21-02 G 101-24501 Plmbing Permit Surcharg o 1735 DUPRE RD - P02-029 8-21-02 G 101-24501 Plmbing Permit Surcharg o US UR Receipt Group 01 RESIDENTIAL 8-22-02ut G 101-11500 Accounts Receivable o UB Receipt Serv 102 CERTIFICATION 8-6-02UT 06817 GROUSE HOLLOIV-02-126 - JAMES MELCH 6-14-02 o 1941 -731m ST - 02-124 8-14-02 o BICYCLE AUTION PROCEEDS - CENTENNIAL L 8-14-02 o JULY 2002 FiNES/FEES 3,14-02 o 1748 DUPRE RD - 02-125 - TC BUILDERS 8-14-02 06987 PORTAGE WAY - 02-123 - SWIFT CONSTR 8-14-02 06825 CENTERVILLE RD - 02-127 8-14-02 06987 PORTAGE WAY - 02-123 - SWIFT CONSTR 8-14-02 o APPLICATION FOR COMMERCIAL RUBBISH CO 8-14-02 06817 GROUSE HOlLOW-02-126 - JAMES MELCH 8-14-02 o 1721 DUPRE RD - P02-025 8-14-02 o 1689 PEL TIER lAKE DR - 02-061 8-14-02 o DOG TAG # 172 - D. JENSEN 8-14-02 o 1748 DUPRE RD - 02-125 - TC BUILDERS 8-14..()2 o DOG TAG # 173 -T. DiAl -7262 CENTERVILLE R 8-16-02 o 1778 DUPRE RD - P02-026 8-16-02 o 1721 DUPRE RD - C02-064 8-16-02 o 7249 CENTERVILLE RD - C02-063 8-16-02 07018 EAGLE TRAil - C02-062 8-16-02 07232 MILL RD - 02-128 -RE-ROOF 8-16-02 o APPL. FOR COMMERICAl RUBBISH COLLECTI 8-21-02 o 1721 DUPRE RD - M02-052 8-21-02 o 1778 DUPRE RD - M02-053 8-21-02 o 1757 OJIBWAY DR - P02-027 8-21-02 R 101-36200 Miscellaneous Revenues R 101-32300 Site Maintenance Fees R 101-32210 Building/Mech, Pemlits R 101-32000 Special Use/Grading/Burn R 101-35000 Fines and Forfeits R 101-32210 Building/Mech< Permits R 101 <32300 Site Maintenance Fees R 101-32210 Building/Mech, Permits R 101-32210 Building/Mech, Permits R 101-32100 RentaliLiquor Licenses R 101-32210 BuildingiMech. Permits R 101-32180 Plumbing Permits R 101-32225 Electrical Inspection R 101-32200 Anima! Licenses R 101 M32300 Site Maintenance Fees R 101~32200 Animal Licenses R 101-32180 Plumbing Permits R 101~32225 Electrical Inspection R 101-32225 Electrical Inspection R 101-32225 Electrical Inspection R 101-32210 Building/Mech. Permits R 1 01 ~321 00 RentaliLiquor Ucenses R 1 01 ~3221 0 Building/Mech. Permits R 101-32210 Building/Meetl. Permits R 101-32180 Plumbing Permits c - , FUND 10 Amount Act $60.00 $95.00 $110.00 $250,00 5100.00 $95.00 $12,474.81 8121/2002 Bj21 i2002 8/2112002 8/2112002 8121/2002 8/21/2002 CITY OF CENTERVILLE Cash Receipts August 14 through August 23, 2002 Tran Date R Comments ...r o 1755 OJIBWAY DR - P02-028 o 1735 DUPRE RD - P02-029 o 1778 DUPRE RD - C02-005 o APPL FOR COMMERICAL RUBBISH - ACE SOLI o 7035 DUPRE RD - M02-054 o 1697 HUNTER'S TRAIL - P02-030 FUND 415 STORM WATER IMP PROJECTS Act Type R FUND 41 $14,849.00 Act $0.30 $57,00 5170.89 $1,65 $0.36 5210-29 5200,00 5200.00 $200,00 $0.60 $110,37 $0.S8 5268.34 $9.00 $44.94 $4.45 $92,66 $8,94 $25,65 $2.55 $1,608.87 $1,608.87 FUND 601 WATER FUND Ac.t Type G Act 50.44 $11.72 $1.55 $13.71 Act Type R $78.15 5731.00 $4,08 $2,126.02 $172-01 $9.33 $2,763.34 $290.00 $1,420.34 $0.05 $1,500,00 $6.82 Batch Name 8-21-02 8-21-02 8-21-02 8-21-02 8-21-02 8-21-02 08/23/02 2;32 PM Page 2 Account Oeser R 101~32180 Plumbing Permits R 101-32180 Plumbing Permits R 1 01 ~32225 Electlicallnspectlon R 101-32100 RentaliLiquor Licenses R 101~32100 Rental/Uquor Licenses R 1D1-32180 Plumbing Permits 8/5/2002 0 US Receipt Serv Pen 10 DRAIN FEE 8w5-02u R 415-32350 Storm Water Drainage Fu 8/5/2002 0 US Receipt Serv 1Q DRAIN FEE 8-5~02u R 415~32350 Storm Water Drainage Fu 8/6/2002 0 US Receipt Serv 10 DRAIN FEE 8~6"02UT R 415-32350 Storm Water Drainage Fu 8/612002 0 UB Receipt Serv Pen 10 ORP.1N FEE 8-6-02UT R 415-32350 Storm Water Drainage fu 8/14/2002 0 UB ReceIpt Serv Pen 10 DRA1N FEE 8~ 14-02U R 415-32350 Storm Water Drainage Fu 811412002 0 UB Receipt Serv 10 DRA!N FEE 8-14~02U R 415-32350 Storm Water Drainage Fu 8/14/2002 06817 GROUSE HOLLOW-02-126 - JAMES MELCH 8~14-02 R415-32350 Storm Water Drainage Fu 8/14/2002 0 6987 PORTAGE WAY - 02-123 - SWIFT CONSTR 8-14-02 R 415-32350 Storm Water Drainage Fu 8114/2002 0 1748 DUPRE RD - 02-125 - TC BUILDERS 8-14-02 R 415-32350 Storm Water Drainage Fu 8}1412002 0 US Receipt Serv Pen 10 DRAIN fEE 8-14-02U R 415-32350 Storm Water Drainage Fu 8/1412002 0 US Receipt Serv 10 DRAIN FEE B-14-02U R 416-32350 Storm Water Drainage Fu 8/1612002 0 UB Receipt Sellt Pen 10 DRAIN FEE 081502UT R 415-32350 Storm Water DraInage Fu 8/1612002 0 UB Receipl Serv 10 DRAIN FEE 081502UT R 415-32350 Storm Waler Drainage Fu 8/16/2002 0 US Receipt Serv 10 DRAIN FEE 8-14-02-2 R 415-32350 Storm Water Drainage Fu 8/19/2002 0 UB Receipt Serv 10 DRAIN FEE 8-19-02ut R 415-32350 Storm Water Drainage Fu 8/1912002 0 UB Receipt Ser, Pon 10 DRAIN FEE 8-19-02ul R 415-32350 Storm Water Drainage Fu 8/21/2002 0 US Rece(pt Ser\} 10 DRAIN FEE 8-21-02U R 415-32350 Storm Water Drainage Fu 8121/2002 D UB Receipt Serv Perl 10 OAAIN FEE B-21-02U R 415~32350 Storm Water Drainage Fu 8J22/2002 0 UB Receipt Serv 10 DRA!N FEE 8-22-02ut R 415-32350 Storm Water DraInage Fu 8f22i2002 0 UB Receipt Serv Pen 10 DRAIN FEE 8-22~02ut R 415-32350 Storm Water Drainage Fu B!14f2002 0 UB Receipt Sure 1 SALES TAX 811412002 0 US Receipt Sure 1 SALES TAX 8/16/2002 0 US Receipt Sure 1 SALES TAX 8/512002 8/Si2002 8/5/2002 81612002 816/2002 81612002 811412002 8/14/2002 8114/2002 8/14/2002 Sf 14/2002 8/1412002 o UB Receipt Serv 30 WATER TEST FEE o UB Receipl Serv 1 WATER o US Receipt Serv Pen 1 WATER o UB Receipt Serv 1 W ATE R o US Receipl Serv 30 WATER TEST FEE (} UB Receipt Ssrv Pen 1 WATER o UB Receipl Serv 1 WATER 01748 DUPRE RD - 02-125 - TC BUILDERS o UB Receipt Serv 1 WATER o UB Receipt Serv Pen 15 WATER COMM o 1748 DUPRE RD - 02-125 - TC BUILDERS o US Receipt Sarv Pen15 WATER COMM 8-14-02U G 601-20800 State Sales & Use Tax 8-14-02U G 601-20800 Slate Sales & Use Tax 081502UT G 601-20800 State Sales & Use Tax 8-5-02u 8-S-02" 8.5-02u 8-6-02UT 8-6-02UT 8-6-02UT 8-14-02U 8-14-02 8-14-02U 8-14-02U 8-14-02 8-14-02U R 601-34400 Safe Drinking Water Fee R 601-37100 Water Sales R 601-37100 Water Sales R 601-37100 Water Sales R 601-34400 Safe Drinking Wate.r Fee R 601-37100 Water Sales R 601-37100 Water Sales R 601-34600 Water Meter Charges R 601-37100 Water Sales R 601-37100 Water Sales R 601-37'150 Water ConnectlReconnec R 601-37100 Water Sales . Amount CITY OF CENTERVILLE Cash Receipts Augusl14 through August 23, 2002 Tran Date R Comments Batch Name 08/23/022:32 PM Page 3 Account Oeser Act $1,500.00 8180.39 80.36 $275.62 $1,500.00 $290.00 $9.74 $134.56 $6.73 $290.00 $3,342.26 $6.92 $23.80 8320.24 $90.10 $10.42 853.41 $584.44 $58.17 $5.26 8698.03 $65.21 $4.84 $53.86 $159.49 $15.95 $14.69 $1.46 $18,797.09 FUND 60 $18,810.80 FUND 602 SEWER FUND Act Type G $1,200.00 $1.200.00 $1,200.00 Act $3,600.00 Act Type R $882.00 $4.90 $187.50 $8.95 $3.060.90 $20.86 $0.13 $2,000.00 $10.75 81.798.94 $0.54 8103.44 $2,000.00 83.331.62 $2,000.00 $5.34 $65.27 .".. 811412002 06987 PORTAGE WAY - 02-123 - SWIFT CONSTR 8-14-02 R 601-37150 Water Connect/Reconnec 811412002 0 UB Receipt SeN 15 WATER COMM 8-14-02U R 601-37100 Water Sales 8/1412002 0 U8 Receipt SeN Pen 1 WATER 8-14-02U R 601-37100 Water Sales 8/14/2002 0 US Receipt Serv 30 WATER TEST FEE 8-14-02U R 601-34400 Sa.fe Drinking Water Fee 8114/2002 06817 GROUSE HOLLOW-02-126 - JAMES MELCH 8-14-02 R 601.37150 Water Connect/Reconnoc 8/1412002 0 6817 GROUSE HOLLOW-02-126 - JAMES MELCH a-14-(J2 R 601-34600 Water Meier Charges 8/1412002 0 UB Receipt SeN Pen 1 WATER B-14-02U R 601-37100 Water Sales 8114/2002 0 UB Receipt Serv 30 WA TER TEST FEE 6-14-02U R 601-34400 Safe Drinking Water Fee 81'14/2002 0 US Receipt Serv 15 WATER COMM 8-14-02U R 601-37100 Water Sales 8/1412002 06987 PORTAGE WAY - 02-123 - SWIFT CONSTR 8-'14-02 R 601-34600 Wa'er Meter Charges 8116/2002 0 UB Receipt Sef\/ 1 WATER 08'1502UT R 601-37100 Water Sales 8116/2002 0 UB Receipt SaN Pen 1 WATER 081502UT R 601-37100 Water Sales 8116/2002 0 UB Receipt Serv 15 WATER COMM 081502UT R 601-37100 Water Sales 8116/2002 0 U8 Receipt SON 30 WATER TEST FEE 081502UT R 601-34400 Safe Drinking Water Fee 8/16/2002 0 U8 Receipt SeN 1 WATER 8-14-02-2 R 601-37100 Water Sales 8i16/2002 0 U8 Receipt SON 30 WATER TEST FEE 8-14-02-2 R 601-34400 Safe Drinking Waler Fee 8f19/2002 0 US Receipt Sarv 30 WATER TEST FEE 8.19-02ut R 601-34400 Safe DrinKing Water Fee 8/19/2002 Q US Receipt Serv 1 WATER 8-19-02ut R 601-37100 Water Sales 8/19i2002 0 US Receipt Serv Pel11 WA TER 8~19~02ut R 601-37100 Water Sales 8/19/2002 0 US Receipt Serv Pen 30 WATER TEST FEE 8~19-02ut R 601-34400 Safe Drinking Water Fee 812112002 0 U8 Receipt SON 1 WATER 8-21-02U R 601-37100 Water Sales 8/2112002 0 UB Receipt Sarv Pen 1 WATER 8-21-Q2U R 601-37100 Water Sales 8/21/2002 0 US Receipt Serv Pen 30 WATER TEST FEE 8-21-02U R 601-34400 Safe Drinking Water Fee 8/21/2002 0 UB Receipt Sew 30 WATER TEST fEE 8-21-02U R 601-34400 Safe Drinking Water Fee 8i22/2002 0 US Receipt Sew 1 WATER 8-22-0Zut R 601-37100 Water Sales 8/2212002 0 US Receipt Serl Pen 1 WATER 8-22-02ut R a01-371QO Water Sales 8122/2002 0 US Receipt Serv 30 WATER TEST FEE 8-22-02"t R 601-34400 Safe Drmking Water Fee 8122i2002 0 UB Receipt Serv Pen 30 WATER TEST FEE 8-22-02ut R 601-34400 Safe Dfinking Water Fee 8/1412002 8/14/2002 8i14/2002 8/512002 6/5/2002 81612002 8/612002 816/2002 81612002 811412002 8/14/2002 8/14/2002 8114/2002 8f14/2002 8/14/2002 8/1412002 6114/2002 811412002 8/1412002 &11412002 o 6987PORTAGEWAY-02-12:J-SWIFTCONSTR 8-14.02 06817 GROUSE HOLLOW-02-126 - JAMES MELCH 8.14-02 o 1748 DUPRE RD - 02-125 - TC BUILDERS 0.14-02 o UB Receipt Serv 6 SEWER 8-5-02" o US Receipt Serv Pen 6 SEWER 8-5-02u o UB Receipt SeN 18 SEWER COMM 8-8-02UT o US Receipt SeN Pen 18 SEWER COMM 8-6-02UT o UB Receipt SeN 6 SEWER 8-6-02UT o UB Receipt SeN Pen 6 SEWER 8-6-02UT o UB Receipt SeN Pen 18 SEWER COMM 8-14-02U 06987 PORTAGE WAY - 02-123 - SWIFT CONSTR 6.14-02 o UB Receipt SeN Pen 6 SEWER 8-14-02U o UB Receipt SeN 6 SEWER 8-14-Q2U o UB Receipt SeN Pen 18 SEWER COMM 8-14-0ZU o UB Receipt SeN 18 SEWER COMM 8-14-02U 06817 GROUSE HOLLOW-02-126. JAMES MELCH 8-14-02 o UB Receipt SeN 6 SEWER 8-14-QZU o 1748 DUPRE RD - 02-125 - IC BUILDERS 6-14-02 o UB Receipt SeN Pen 6 SEWER 8-14-02U o UB Receipt SeN 18 SEWER COMM 8.14-02U G 602-34407 Service AvailabWty Cherg G 602~34407 Service Availability Charg G 602-34407 Service Availabmty Charg R 602-37200 Sewer Sales R 602-37200 Sewer Sates R 602-37200 Sewer Sales R 602M37200 Sewer Sales R 602-37200 Sewer Sales R 602-37200 Sewer Sales R 602-37200 Sewer Sales R 602~37250 Sewer ConnectlReconnec R 602~37200 Sewer Sales R 802-37200 Sewer Sales R 602-37200 Sewer Sales R 602-37200 Sewer Sales R 602-37250 Sewer ConnE:ctlReconnec R 802-37200 Sewer Sales R 602-37250 Sewer ConnecilReconn8c R 602-37200 Sewer Sales R 602-37200 Sewer Sales . Amount CITY OF CENTERVILLE Cash Receipts August 14 through August 23, 2002 Tran Date R Comments 08123102 2:32 PM Page 4 Batch Name Account Oeser Act $14,51 $98,00 $49,00 $392,00 $4,244,50 $73.03 $733.67 $13.36 $142,02 $1,469,64 $133,64 $41B.15 $41.85 $23,305,11 FUND 60 $26,905,11 $62,173.7B .. B115/2002 0 U8 Receipt Se", Pen 6 SEWER 811612002 0 US Receipt Serv 6 SEWER 8/16/2a02 0 U8 Receipt Se", 18 SEWER COMM 8/16/2002 0 U8 Receipt Serv 18 SEWER COMM 811612002 0 US Receipt Serv 6 SEWER 8/19/2002 0 US Receipt Serv Pen 6 SEWER 8119/2002 0 US Receipt Se", 6 SEWER 6/2112002 0 US Receipt Se", Pen 18 SEWER COMM 8i21/2002 0 UB Receipt Serv Pen. 6 SEWER 8/21/2002 0 US Receipt Serv 6 SEWER 8/21/2002 0 US Receipt Serv 16 SEWER COMM 8122/2002 0 US Receipt Serv 6 SEWER 8J22!2002 0 US Receipt Serv Pen 6 SEWER 081502UT R 602-37200 Sewer Sales 8-14-02-2 R 602-37200 Sewer Sales 081502UT R 602-37200 Sewer Sales 8~14-02-2 R 602~37200 Sewer Sales 081502UT R 602-37200 Sewer Sales 8-19-0Zut R 602~37200 Sewer Sales 8-19-0211t R 602~37200 Sewer Sales 8-21-02U R 602-37200 Sewer Sales 8~21-02U R 602-37200 Sewer Sales - 8-21-02U R 602-37200 Sewer Sales 8-21-02U R 602-37200 Sewer Sales 8-22~02ut R 602-37200 Sewer Sales 8-22-02ut R 602-37200 Sewer Sales FILTER: (([Period] in(8) and [Act Year] = '2002') and [Tran Nbr] in(10,13)) and {({{{{{({Not [Tran OateJ=#8/1/2002#))) AND {(Not [Tran Oate]=#8/2/2002#))) AND {(Not [Tran Oate]=#8/7/2002#))) ANO ((Not [Tran Oate]=#8/8/2002#))) AND ({Not [Tran Oate]=#8/9/2002#))) ANO ({Not [Tran Oate]=#8/12/2002#))) ANO ((Not [Tran OateJ=#8/13/2002#))) CITY OF CENTERVILLE 08/23/02 2:30 PM Page 1 *Check Summary Register@ . Name AUGUST 2002 Check Date Chock Amt 10100 MAIN STREET BANK Paid Chk# 017242 AID ELECTRiC CORPORATION Paid Chk# 017243 CENTENNIAL LAKES POLICE DEPT Paid Chk# 017244 COpy IMAGES iNC Paid Chk# 017245 CORNER EXPRESS Paid Chk# 017246 E.S.R.1. INC. Paid Chk# 017247 EARTH BURNERS INC. Paid Chk# 017248 GOLOENGA TE INTERNET SERVICES Paid Chk# 017249 GOPHER STATE ONE CALL INC Paid Chk# 017250 HAWKINS WATER TREATMENT Paid Chk# 017251 HOMES BY JAMES Paid Chk# 017252 ICBO Paid Chk# 017253 IMAGE PRiNTING & GRAPHICS Paid Chk# 017254 INSTRUMENTAL RESEARCH iNC Paid Chk# 017255 LANG BUILDERS Paid Chk# 017256 LEAGUE OF MN CITIES Paid Chk# 017257 MENARDS - FOREST LAKE Paid Chk# 017258 METRO SALES INCORPORATED Paid Chk# 017259 MINNEGASCO' Paid Chk# 017260 MN DEPARTMENT OF HEALTH Paid Chk# 017261 NCPERS LIFE INSURANCE Paid Chk# 017262 PC SOLUTIONS. INC. Paid Chk# 017263 PIERCE & ASSOC. Paid Chk# 017264 PRESS PUBLICATIONS Paid Chk# 017265 QWEST Paid Chk# 017266 REHBEINS BLACK DiRT Paid Chk# 017267 SOLBERG ElECTRIC INC Paid Chk# 017268 SOUTHWIND BUILDERS Paid Chk# 017269 STORK TWiN CiTY TESTING CORP Paid Chk# 017270 SWIFT CONSTRUCTION Paid Chk# 017271 T.C. BUILDERS Paid Chk# 017272 TIME SAVER Paid Chk# 017273 TOWN CRIER PROMOTIONS Paid Chk# 017274 W. W. GRAINGER, iNC, Paid Chk# 017275 WHITE BEAR LOCKSMITH Paid Chk# 017276 WILLOW GLEN HOMEOWNERS ASSN. Paid Chk# 017277 XCEL ENERGY FILTER: None 8/28/2002 8/28/2002 8/28/2002 8/28/2002 8128/2002 8/28/2002 8128/2002 812812002 8/28/2002 8128/2002 8/28/2002 8/28/2002 812812002 8128/2002 8/28/2002 8/28/2002 8/28/2002 8/28/2002 8128/2002 8/28/2002 8/28/2002 8128/2002 8/28/2002 812812002 8/28/2002 8/28/2002 8/28/2002 8/28/2002 8/28/2002 8/28/2002 8/28/2002 8/28/2002 8/28/2002 8/28/2002 8/28/2002 8/28/2002 Total Checks $104.55 $35,510.56 $89.71 $258.61 $506.50 $116.206.85 $60.00 $55.80 $807.12 $25.00 $85.00 $550.87 $61.50 $25.00 $320.00 $38.00 $1.310.39 $120.90 $1,022,00 $32.00 $947.58 $25.00 $832.15 $60.58 $22.37 $221.00 $25.00 $485,85 $100.00 $50.00 $145.00 $147.44 $946.12 $215.40 $20.00 $2,005.99 --- ~-- $163,439,84 . ;;; 0.. " "' '" "'ff N '" !2 '" ':! '" o '" ~ 0 0 0 '" '" 0 0 0 0 '" 0 '" 0 ~ 0 '" '" '" '" 0 0 0 0 '" e- '" " 0 .. .0 <ti 00 .n ro N .. 0 r-: .. r-: .>::~ U<:l '" e- "' e- ~ '" >Ii '" "' 0 OJ '" "'. 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OJ OJ OJ OJ OJ OJ '" 8i N N OJ 0 0 0 0 0 0 0 0 0 0 " 0 0 0 0 0 0 0 0 0 0 0 >- OJ N '" OJ OJ OJ '" OJ OJ '" '" Centennial Fire District Check Register 8/21/2002 The disbursements listed below are submitted by the Centennial Fire District for your approval: DATE 7/16/2002 7/16/2002 711612002 7/16/2002 7/16/2002 7/16/2002 7/16/2002 7/16/2002 7/16/2002 7/16/2002 7/16/2002 7/16/2002 7/16/2002 7/16/2002 7/1612002 711612002 7/16/2002 7/16/2002 7/16/2002 7/16/2002 7/16/2002 7/1612002 7/16/2002 7/16/2002 CHECK# NAME 13354 13355 13356 13357 13358 13359 13360 13361 13362 13363 13364 13365 13366 13367 13368 13369 13370 13371 13372 13373 13374 13375 13376 13377 Allina Health System ***VOID*** Amoco Oil Company Arthur Mohler Aspen Mills Citgo Petroleum Corporation Connexus Energy Desmond Englund International Assn. of Arson Investigators Loffler Business Systems Lynn Card Company MN Chapter IAAI/Jeff G. Schadegg Oxygen Service Company, Inc. Postmaster Qwest Reliant Energy Minnegasco Ross Industries, Inc. Xcel Energy Stacy's Specialty Stitching Arthur Mohler Mark's Meat Products Milo Bennett Viking Office Products York Photo Labs 1 of 1 ACCOUNT 42180 - Office Supplies 00000 - VOID 42100 - Fuel and Lube 45010 - Safety Camp Expense 42120 - Uniform Expense 42100 - Fuel and Lube 42252 - Station 1 - Electric 42280 - Miscellaneous Expense 42200 - Dues and Memberships 42110 - Other Maintenance 42180 - Office Supplies 42200 - Dues and Memberships 42270 - Breathing Air 42180 - Office Supplies 42240 - Telephone 42253 - Station 2 - Gas 42190 - Fire Prevention Supplies 42254 - Station 2 - Electric 45600 - Donated Items Expense 45010 - Safety Camp Expense 45010 - Safety Camp Expense 45010 - Safety Camp Expense 45010 - Safety Camp Expense 45010 - Safety Camp Expense Total AMOUNT 24.00 0.00 182.77 48.92 6.00 220.26 355.35 17.95 SO.OO 27.89 81.30 25.00 80.00 134.00 297.85 114.39 916.28 558.02 23.00 84.91 140.00 15.90 49.48 16.55 $3,469.82 . " ~ Bonestroo II:JI Rosene n Anderlik & . ~. Associates Engint~rs & A<<hitetts Owner: City of Centerville, 1880 Main St., Centerville, MN 55038 Date: Auaust 6, 2002 For Period: 6/13/2002 to 8/6/2002 Renuest No: 1 Contractor. Earth Burners Inc.. 5910 Fremont St., Duluth, MN 55807 CONTRACTOR'S REQUEST FOR PAYMENT CSAH 14 WATER MAIN EXTENSION BRA FILE NO, 616-01-123 SUMMARY Original Contract Amount $ 158,803.00 2 Change Order - Addition $ 0.00 3 Change Order - Deduction $ 0.00 4 Revised Contract Amount $ 158,803.00 5 Value Completed to Date $ 122,323.00 6 Material on Hand $ 0.00 7 Amount Earned $ 122,323.00 8 Less Retainage 5% $ 6,116.15 9 Subtotal $ 116,206.85 10 Less Amount Paid Previously $ 0.00 11 Liquidated damages - $ 0.00 12 AMOUNT DUE THIS REQUEST FOR PAYMENT NO. $ 116.206.85 Recommended for Approval by: BONESTROO, ROSENE, ANDERlIK & ASSOCIATES, INC, ~~ w;~..- ~ Approved by Contractor: EARTH BURNERS INC ~# .-/ Approved by Owner: ~~ t};" Ad~,1-<1vcx.40lr Specified Contract Completion Date: September 13, 2002 Date:~ I~ Za;z.. . 4~q-Lflq~5- 300 61601123REQ1.xls . Contract Unit Quantity Amount No. Item Unit Quantity Price 10 Date to Date Base Bid: 1 12" HOPE, DR11 water main ~ directional drill LF 2622 39.00 2622 $102.258.00 2 6" HOPE. directional drill LF 60 25.00 60 $1.500.00 3 Directional drilling, extreme condition, any pipe size LF 200 5.00 $0.00 4 8" PVC water main LF 30 30.00. 28 $840.00 5 6" PVC water main LF 10 28.00 20 $560.00 6 12" gate valve and box €:A 2 2300.00 1 $2.300.00 7 8" gate valve and box €:A 1 1750.00 1 $1.750.00 8 6" gate valve and box EA 2 1500.00 2 $3.000.00 9 Valve rod extension EA 8 150.00 $0.00 10 Hydrant wlvalve €:A 3 3000.00 2 $6.000.00 11 Connect to existing 8" PVC EA 1 1500.00 1 $1.500.00 12 Fittings LB 2000 0.40 $0.00 13 6" Pipe Restraint EA 15 5.00 14 $70.00 14 8" pipe restraint EA 3 5.00 3 $15.00 15 12" pipe restraint EA 19 15.00 2 $30.00 16 Clearing and grubbing LS 1 1000.00 1 $1.000.00 17 Traffic control LS 1 1000.00 1 $1.000.00 18 Cross under SPWU culverts LS 1 500.00 1 $500.00 19 1" Copper service LF 100 14.00 $0.00 20 1" Copper service ~ directional drill LF 210 14.00 $0.00 21 1" curb stop and box EA 9 450.00 $0.00 22 1" corporation stop EA 9 450.00 $0.00 23 Reconstruct manhole EA 1 10000.00 $0.00 24 Sodding SY 500 4.00 $0.00 25 Seeding. MnDOT Mix 30B AC 0.6 2000.00 $0.00 26 Silt fence, regular LF 100 2.00 $0.00 27 Street sweeper HR 5 100.00 $0.00 28 Salvage and replace fence LF 40 20.00 $0.00 29 Transplant tree or bush EA 5 200.00 $0.00 Total Base Bid: $122.323.00 Total Base Bid: Total Work Completed To Date $122,323.00 $122.323.00 61601123REQ1.xls .' PROJECT PAYMENT STATUS OWNER CITY OF CENTERVILLE BRA FILE NO, 616-01-123 CONTRACTOR EARTH BURNERS INC CHANGE ORDERS No. Date Description Amount Total Change Orders PAYMENT SUMMARY No. From 06/13/2002 To 08/06/02 Payment 116,206.85 Retainage 6,116.15 Completed 122,323,00 Material on Hand Total Pavment to Date $116,206.85 Oriainal Contract $158,803.00 Retainane Pav No. 1 6,116.15 Chanoe Orders Total Amount Earned $122,323.00 Revised Contract $158.803.00 61601123REQ1.x1S CITY OF CENTERVILLE CITY COUNCIL MEETING August 14, 2002 6:30 p.m. PRESENT: Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled lQI! . ....l. 'f',)f;; Mayor Tim Swedberg Council Member Dick Travis Council Member Mari Nelson Council Member Linda Broussard Vickers Council Member Capra ABSENT: None. STAFF: City Administrator, Ms. Moore-Sykes City Engineer, Mr. Tom Peterson City Attorney, Mr. Jim Hoeft I. CALL TO ORDER Mayor Swedberg called the August 14, 2002, City Council meeting to order at 6:33 p.m. II. SET AGENDA Council Member Nelson requested that the audit be removed from the Consent Agenda and added under Council Business. Ms. Moore-Sykes indicated there were some technical issues with Ordinance #4 and asked whether Council wished to remove it from the Consent Agenda. Mayor Swedberg indicated Ordinance #4 should stay on the agenda and noted he would explain the matter when it is approved. Motiou bv Couucil Member Nelson. seconded bv Council Member Travis to approve the aeenda as presented. All in favor. Motion carried unanimouslv. III. A W ARDS/PRESENTATIONS/APPEARANCES 1. Mr. Milo Bennett (Centennial Lakes Fire Department Budget - 2003) City of Centemlle August 14,2002 Council Meeting Minutes Milo Bennett addressed council and presented the 2003 budget for the Centennial Lakes Fire Department. He then indicated that the 2003 budget increased 5.6% over the 2002 budget. He further explained that the largest increase comes with payroll and benefits. Fire Chief Bennett indicated the department made a significant reduction in the early 90's in the vehicle maintenance category but those numbers are slowly creeping up again. Fire Chief Bennett indicated they had hired a full time inspector which accounts for the 5.6% increase and noted the Centerville portion would be $81,620 versus $76,000 last year. He also explained that Centerville pays 12.6% of the overall fire district budget and that is based on run experience and population. Fire Chief Bennett indicated that the cost per person for the Fire Department is $24.50 per $100,000 valuation. Council Member Nelson thanked Chief Bennett for the report. Motion by Council Member Nelson, seconded by Council Member Broussard Vickers to approve the 2003 budeet for tbe Centennial Lakes Fire Department. All in favor. Motion carried unanimously. Mayor Swedberg thanked Chief Bennett for his service to the City. Chief Bennett indicated he had placed information on the desk regarding safety camp and noted that of the 102 children registered 98 attended. 2. Mr. Mark Pangell. 7029 Eagle Trail (Drainage Issues) Mr. Mark Pangell of 7029 Eagle Trail provided a letter to Council and then read parts of it. Mr. Pangell indicated that the drainage in his yard has been seriously and adversely affected by the townhomes that were constructed on the adjoining property. He also commented that there was no silt fence in place during construction and the silt has filled in the drainage area and there is no a lake effect when it rains. He then indicated that City Public Works had been out there and has said it is at 1 % but he does not feel that the grade is at 1 % and he is worried that the standing water and wet conditions will compromise his foundation. Mr. Pangell said he was there to ask the Council to have someone come out to assess the situation and see if the drainage is designed correctly and how it could be corrected to get the water flowing to the controlled drainage pond. Council Member Capra asked if the water stays or drains. Mr. Pangell indicated that it eventually dissipates but stands for a long time. He then said he was hoping the City Page 2 of21 City of Centerville August 14, 2002 Council Meeting Minutes could authorize someone to come out and assess the problem and get it taken care of within 30 days. Council Member Capra asked if Mr. Peterson looked at this property. Mr. Peterson indicated that he had not been in the back yard but City Staff shot the ditch and said it is I % which is a little flat but falls within the normal specifications for the slope. Council Member Nelson asked if this was the same issue as the Eagle Pass Pond. Mr. Peterson indicated it was two different ponds. Mr. Steven St. George of 1861 Pioneer Lane played a videotape taken on July 28,2002 immediately after a storm. He then asked if the ditch was surveyed this year or last year. Mr. Palzer indicated it was done in May of this year. Mr. St. George indicated it was done before the townhomes had sod installed. Mr. Peterson indicated that any erosion caused by the construction could be removed but said the grade itself cannot be altered much. He then eXplained that the water flows down to the pond and out through a system of pipes and eventually ends up in Clear Water Creek. Mr. Greg Noner of 1855 Pioneer Lane indicated he had come to show support for his neighbors. He then said he had called Mr. Cook because Swift has not finished the landscaping behind the houses and then spoke to Carrie from Swift who assured him that it would be done next week. Mr. Noner indicated that he had asked Mr. Cook when the grade was last shot and was told it was done last fall and was also told that Staff cannot come out every 30 days to shoot the ditch. He then said that the area was eroding all spring and summer and has obviously affected the 1 % grade. Mr. Noner said he felt the City needed to shoot the grade to see if the 1 % was affected and Staff has said that it cannot do so without direction from Council. He then said that he feels that Swift should be held accountable for the problem. Mr. Robert Domer of 7031 Eagle Trail indicated he receives the residual from the ponding as he is directly behind the elevation in question. He then said that the grade behind his property has been lifted more than 30 inches within 8 feet of his property and the drainage area changed from 5 feet wide. He further indicated that he is a civil engineer for Dakota County and it is a negative grade in that location. Mr. Dolner indicated he felt Gorham and/or Swift should be held responsible for the problem. He also indicated he would question the setback to the easement. Mr. Domer indicated that when he installed his fence he had three inches of clearance under it and now the fence has soil and grass growth up 4 inches. He then indicated that Page 3 of21 City of Centerville August ]4, 2002 Council Meeting Minutes you can see that there is no erosion control based on the muddy water. He also said that the grade has been lifted by eight inches and a I % grade is minimum, not typical. Mr. Domer indicated he would like to see Swift bring a few guys with a bobcat to the area to clean out the easement and fix the grade. He then said that it is very frustrating to have City workers come out, walk the fence line and leave without shooting it. Council Member Travis asked if the pond is low enough. Mr. Domer indicated that the grade starts out at about 1 % but because of erosion has to climb to get up and over and then down to the pond. He then said that Swift impeded the cubic feet of water or the flow part of the grade behind the fence line and it needs to be examined. Council Member Capra asked if Mr. Dolner had lived there since 1998. Mr. Dolner indicated that he had. He then said that during rainy times the water used to flow better and sometimes there was a small ponding area but that has gotten much worse since the townhomes were built. He then said the townhomes are 9.5 feet off of the property line and have a large roofline with no erosion control and it has filled in the easement. Mr. Domer indicated he had put railroad ties in around the base of his fence. He then said that if the City cannot help him with this issue he intends to raise the grade of his property IO inches to solve the problem. He further explained that his wife runs a daycare out of the home and the County is involved because the backyard is unsafe for children. Mr. Dolner indicated that every lot is graded differently by three or four inches. He then indicated that there was to be a natural barrier along the fence line because it is 33 feet house to house and he was okay with that because of the foliage and pines but those were bulldozed. He further explained that he had gone through the whole process of getting that row of pines put back in but Swift is not willing to discuss the grading issues. Mr. Dolner suggested that the trees be picked up and the easement area cleaned out. He then said that he knows there are ordinances against changing the grade of your property but said he will make his backyard livable for the daycare kids. Mayor Swedberg indicated he had been out to the location and said there was substantial water out there that backed up almost out to Eagle Trail. He then said that it seems that the whole thing compresses down to a bottleneck area where the water is not flowing. He further indicated that the easement area was wider before and asked City Attorney Hoeft how the City should proceed. City Hoeft indicated the City is not sure what the problem is and has no information that tells him what the situation is. He then suggested that the City determine what exactly the problem is before attempting to assist the residents with holding Swift accountable. Page 4 of21 City of Centerville August 14,2002 Council Meeting Minutes Council asked Mr. Domer to shoot the elevations and provide the information to the City Administrator and then asked the City Administrator to work with the City Engineer on the matter. Council Member Broussard Vickers suggested that the engineer should contact the developer if he finds that there is something that should not be that was caused by the development. Mayor Swedberg told the residents that staff would work on it and, if necessary, it would be on the next agenda. 3. Mr. Glen Powers. 1870 Quebec Street Ms. Moore-Sykes indicated that Mr. Glenn Powers would like to address Council. Mr. Glen Powers of 1870 Quebec Street indicated he knew that the City had come out and shot elevations but said he had not heard anything yet. Mr. Peterson indicated he was working on it right now and has some plans to send out to Roso contracting for a quote and he will have that for the next meeting. He then explained that the plan is to run a pipe with a catch basin and the residents can run a drain tile into that pipe. Mr. Powers asked if the City would be bringing up the grade. Mr. Peterson indicated there was no plan to bring up the grade. Mr. Powers indicated he had put in 18 yards of dirt and it all washed away. Mr. Peterson indicated it would take a major undertaking to fill in the area. Council Member Capra indicated that putting the catch basin in would hold the water rather than having it flow and wash away the dirt. Mr. Peterson indicated that the low spots of the yard could have drain tile installed to drain to the storm sewer. Mr. Powers said he feels the City needs to bring up the grade to 1 % as per Ordinance 8 and that would mean the City would need to haul in fill. Council Member Travis asked where the grade is not 1 %. Mr. PaJzer indicated the last three lots on Quebec Street are not at 1 %. Ms. Mary Mathison of 1874 Quebec Street indicated that the water washes across the middle ofthe backyard and then out to the street. Mr. Powers indicated that the homes behind him flow to his yard and his sump pump runs 24 hours a day. Council Member Broussard Vickers asked how long the residents had lived in their homes. Mr. Powers indicated he had been there since July of 1996 and Ms. Mathison said she had lived there since May of 1996. Ms. Mathison then indicated that multiple Page 5 of21 City of Centerville August 14, 2002 Council Meeting Minutes loads of dirt were removed from the location that should not have been and suggested that Rehbein excavating be held accountable. Mr. Peterson indicated that the grading plan shows the drainage the way it is occurring but the elevation is flatter than it was supposed to be. Ms. Mathison indicated that she sodded her backyard right away and that would have prevented erosion from her yard and would have caught any erosion from Mr. Powers yard. Council Member Nelson indicated she lives on 73rd and her backyard stays spongy wet and then commented that the City is built in the swamps. Council Member Capra indicated she would like to see the engineer and public works work with the two property owners. Mr. Peterson said he feels the drain tile will help. Ms. Mathison indicated she would be happy if there was no more standing water. Mr. Powers asked if Roso was picking up the costs. Mr. Peterson indicated the City would pay for the catch basin and manholes. IV. PUBLIC HEARING(S) None. V. COUNCIL BUSINESS I. Pheasant Marsh Phase II Developer's Agreement Ms. Moore-Sykes indicated that Staff had faxed to the developer the agreement of assessment and waiver of irregularity and appeal. Council Member Nelson asked if Pheasant Marsh was one of the accounts that had outstanding capital funds. Ms. Paulseth indicated that there was not a problem with that project as it was a 429 and there are enough bond funds to cover the amounts. City Attorney Hoeft indicated that he had drafted the proposed development contract for Phase II mirroring the Phase I development contract. He then explained that the private improvements are different and noted the numbers were provided by Mr. Palzer and he has no reason to doubt them but has not confirmed them. Council Member Broussard Vickers asked if the trail and the building of it is in the document. City Attorney Hoeft indicated that would be under the 429 Section. Page 6 of21 City of Centerville August 14,2002 Council Meeting Minutes Mr. Palzer indicated he had gone over the numbers and met with Mr. Runkle and is satisfied with them. City Attorney Hoeft noted that 150% of the retainage amount would be required with this contract as it was with Phase I. City Attorney Hoeft indicated that the figure on Page 5 for improvements is $462,881.05. Mr. Palzer indicated that number was obtained from the contract for the improvements. Mr. Runkle indicated the number was from the bids and is correct. City Attorney Hoeft indicated that Mr. Runkle has said that the principal of Ground Development will execute the waiver of objection and right of appeal to that dollar amount as soon as he is available. City Attorney Hoeft indicated the park dedication fee had been calculated to be $54,000 and the storm water fee is $13,058. Mr. Palzer indicated he had generated the figure for the storm water fee. Mr. Runkle indicated he was trying to verify that number but thinks it should be real close. City Attorney Hoeft explained that the storm water fee is not negotiable. City Attorney Hoeft indicated the liability insurance requirements have not changed. Council Member Capra asked if the driveways were in the agreement. Council Member Travis indicated that the driveways are in there. City Attorney Hoeft indicated that the agreement requires the developer to comply with whatever erosion control methods the City requires. Council Member Capra said she thought there was to be two feet of sod. Council Member Travis indicated the sod would not grow as there would not be anyone to maintain it. Ms. Moore-Sykes indicated that there would be silt fencing and a gravel driveway for each lot. Motion bv Council Member Travis. seconded bv Council Member Nelson to approve the development contract for Pheasant Marsh Phase II continl!:ent upon the developer sil!:ninl!: an al!:reement of assessment and waiver of irrel!:ularitv and appeal for the amount of $462,881.05 and the verification of the storm water fee calculation. Council Member Capra commented that the agreement received bye-mail was different than what was received tonight. City Attorney Hoeft indicated there was more information in the one provided at the meeting. VOTE: Aves - 4, Navs - O. Abstain -l(Broussard Vickers). Motion carried. Page 7 of2l' City of CentervilJe August 14,2002 Council Meeting Minutes 2. Dead Broke Charitable Gambling Renewal (Trio Inn & Wiseguys Pizza) Mark Larson appeared before Council to ask for a renewal of the charitable gambling licenses. Council Member Capra indicated she had a question on disbursements to the Minnesota High School Rodeo Association as she thought that the ordinance required that the disbursements be within the trade area. Mr. Larson indicated that the money given to that organization comes out of their 50% not the City's 50%. He then indicated he is operating four sites, two in this City, one site in Hugo and one in Lino Lakes. Council Member Broussard Vickers indicated that the Park and Recreation Committee would like to apply for funds but has not gotten a return call from anyone explaining how to do that. Ms. Moore-Sykes indicated she had spoken to Mr. Larson earlier and he had said that a letter should be sent detailing the project, the requested amount, and the date the funds will be needed. She then indicated she had relayed that information to the Committee. Motion bv Council Member Broussard Vickers, seconded by Mayor Swedberl!: to approye the renewal as presented. All in fayor. Motion carried unanimously. Mayor Swedberg asked if there were others in the audience who needed to speak before Council. Ms. Helmbrecht asked if the county engineer would be speaking at this meeting. Council Member Nelson indicated the county engineer would be present at the August 28, 2002 meeting. Ms. Moore-Sykes indicated there would be town hall meetings scheduled for those interested. 3. 1540 Peltier Lake Drive Ms. Elizabeth Wagner of 1525 Peltier Lake Drive addressed Council and indicated she lives across from the Moreland property and would like the City to consider having exterminators or trappers on the premises when the clean up begins because last time rats were dispersed during the clean up and ended up in her yard. She then indicated that she is dangerously allergic to bees and has been told by Ms. Moreland that the garage is full of bee's nests. She further indicated she would like to be informed by the City when that garage is going to be disturbed because she does not want to get caught outside and get stung. Ms. Donna Germaine of 1548 Peltier Lake Drive indicated she lives right next door to the Moreland residence and had decided it was time to submit a written complaint Page 8 of21 City of Centerville August 14,2002 Council Meeting Minutes because things were getting so bad. She then said that the stench and trash flow over onto her property and she would like an update on how things are progressing. City Attorney Hoeft indicated Council had given him direction to begin the process of preparing an administrative search warrant to allow access to the home and property to determine what the hazards are. He then explained that, based on what is found, the process may turn into a hazardous building declaration. He further explained that he is not sure if the building official, Fire Chief, or Police Chief will be signing the application but he will finalize the application very soon and submit it to the courts. Council Member Nelson asked if Staff would be able to notify Elizabeth Wagner of when anything is going to be done at the property that would disturb the bees so that she could make sure she is indoors. City Attorney Hoeft indicated that once the search warrant is obtained officials will go onto the property and into tile residence to determine what needs to be done so he would not anticipate anything happening immediately. He then indicated that the Fire Department, Police Department and the Building Official will determine whether there are any circumstances that pose a health or safety issue for the resident or the neighbors and proceed from there. Council Member Broussard Vickers asked if the City contacted Anoka County and whether the County will be assisting the resident. Ms. Moore-Sykes indicated she contacted Anoka County and was told the County is familiar with the situation but carmot go in and assist if the resident refuses help. She then indicated she had contacted the state to see if there was anyone who could help and was referred to the County. City Attorney Hoeft indicated he would be contacting Anoka County before entering the property to ask that they have someone present. Council Member Broussard Vickers asked if the City would be violating any privacy laws if, as the process moves along, the City does mailings to keep the adjoining property owners informed of what is going to be happening. City Attorney Hoeft indicated the City could send mailings to the adjoining property owners' as the information is public. He then cautioned that opinions should be left out ofthe matter and factual information relayed. Council Member Broussard Vickers said she would like communication kept up with the neighbors and she felt a mailing would save time for Staff rather than telephoning each resident. City Attorney Hoeft indicated the City could notifY residents when something will happen at the property. He then commented that, based on information received, it appears that an independent contractor may be necessary to come in and do considerable clean up. Page 9 of21 City of Centerville August 14,2002 Council Meeting Minutes Council Member Nelson indicated she was not as concerned about letting everyone know but is very concerned about the resident that has asked to be notified of activity due to her allergy to bees. She then said that she would like that resident called and informed of when the clean up is going to begin. City Attorney Hoeft indicated there may be a situation that, after seeing the inside of the building, the City may have to set up a perimeter for rodent control to prevent the spread to other areas. Mayor Swedberg asked if Ms. Moreland would be at the property when the City goes in. City Attorney Hoeft indicated that, if she is there, the warrant from the Court will be presented and permission sought to enter the property. If that is not given, they will enter the property without permission with the assistance of the police whether or not the resident wants to let them in. Council Member Broussard Vickers asked if there is an ombudsman servIce for vulnerable adults to act on her behalf when the City goes into her home. Ms. Moore-Sykes indicated that when she talked to the state she spoke to the Department of Aging and was told that they did not know of anyone that could assist other than the County. Council Member Broussard Vickers asked to have the County available to provide services if she changes her mind because at the moment that the City gains entry to her home she may change her mind and ask for help. She then asked if the City would be able to locate a family member, friend, or someone from church that could act on her behalf. Council Member Nelson said she feels police and fire are trained to deal with situations like this and when there are issues they can remove the person and take them somewhere where they would be safe. Council Member Broussard Vickers asked that the City do whatever it can do to provide her with an advocate. City Attorney Hoeft indicated that this has been done in other communities and noted that the door would not be kicked in this would be done as respectfully as possible. He then said that he feels that police and fire will do a fine job interacting with her. Council Member Nelson said she would like to make certain that the City has good documentation in the address file of the process that has taken place through this hazardous building process including a police report and whatever other information is available for future Councils to see what was done. Page 10 of2l City of Centerville August 14,2002 Council Meeting Minutes Council Member Travis commented that, to date, all Council had done was to direct the City Attorney to prepare the warrant. He then asked if Council had agreed to move forward with the warrant. City Attorney Hoeft indicated that he was planning on completing the application, presenting it to the district Court Judge, getting it signed, and then bringing it to Council for authorization to proceed. Council Member Broussard Vickers asked if the warrant could be obtained within less than two weeks time. Motion by Council Member Nelson, seconded by Council Member Travis to approve the execution of the administrative search warrant. Council Member Broussard Vickers asked if a letter was sent to the resident. Ms. Moore- Sykes indicated she was in the process of putting that letter together and commented that, unfortunately, a letter appeared in the newspaper before that letter could be sent out. VOTE: All in favor. Motion carried unanimously. Council recessed at 8:00 p.m. Council reconvened at 8:07 p.m. 4. Approval of North Metro Telecommunications CommissionlMedia Center 2003 Budget Ms. Moore-Sykes indicated that the Telecommunications Commission is seeking the City's approval of the 2003 budget for the Commission and the Media Center. She then indicated that there will be a decrease for the 2003 budget because there will not be costs associated with the formal franchising process. Ms. Moore-Sykes indicated that the Commission is recommending that the PEG fee be increased from 2.38 to 2.45 which is a 2.8 CPI change found to be necessary to meet the goals. Mayor Swedberg asked if this needed to be done by resolution. Council Member Broussard Vickers asked where the money comes from. Council Member Capra indicated that the City receives money from the Cable Commission. Motion by Council Member Broussard Vickers, secouded by Council Member Capra to approve the 2003 Telecommunications Commission and the Media Center Page 11 of21 City of Centerville August 14, 2002 Council Meeting Minutes Bud!!:et as recommeuded and to approve the recommended PEG increase from 2.38 to 2.45. All in favor. Motion carried unanimouslv. 5. Anoka County Five- Year Highway hnprovement Plan for 2003-2008 Ms. Moore-Sykes indicated a letter was received from the Anoka County Engineering Department but the overall plan was not received. She then said she met with Doug Fisher, the County Engineer, to talk about the County Road 14 improvements proposed for 2004 through 2006 and, as Council Member Nelson indicated earlier, he is willing to come and talk to Council on August 28, 2002. Council Member Capra asked if it would be possible to obtain a drawing or diagram of the proposed changes to the road in Centerville prior to that meeting. 6. Electronic Payment for Services Proposal Ms. Moore-Sykes indicated Council had asked for a recommendation from staff and the recommendation would be to conduct a survey next year or the year after to see if more residents want to pay electronically. Mayor Swedberg asked if Ms. Paulseth had thoughts on the electronic payments. Ms. Paulseth said it is her feeling that there is not enough interest to warrant the cost at this point. Ms. Moore-Sykes indicated there were a lot of people against the idea. Council Member Broussard Vickers indicated that residents liked the idea but do not want to pay for it. Ms. Moore-Sykes indicated that Council would need to determine whether to assess the costs to those using the service or expect all taxpayers to pay for it. Council agreed to review electronic payments next year. 7. Debt Related Transfers - Resolution #02-031 Ms. Paulseth indicated that it is necessary to transfer funds to cover debt service payments. She then commented that the City has done this at the end of the year by having the auditor do it and it is more appropriate to do it during the year by resolution rather than by journal entry adjustment. Motion by Council Member Broussard Vickers. seconded by Council Member Nelson to approve Resolution 02-031, transferrin!!: !!:eneral funds to the City Hall and 1987 streets debt service funds for 2003 debt services per the recommendation of the Finance Director. All in favor. Motion carried unanimously. Page 12 of21 L City of Centerville August 14,2002 Council Meeting Minutes 8. Council Chamber Microphone Replacement (Cable Funds) Ms. Moore-Sykes indicated the City Clerk had prepared a memorandum contmmng information on the microphone replacement. She then indicated that the clerk had indicated that the cable fund shows a balance of$16,392.33 and that is more than enough to pay to replace the microphones. Council Member Capra commented that she had inquired about microphones and PEG fees and what the City receives in revenue and had asked Ms. Bender to investigate how much money was available. She then commented that it is recommended that three VCRs be replaced and a remote camera be added. She further indicated that to replace the camera is $6,000 and each VCR is $300 so, if the City spent $2,600 for microphones there would still be enough to replace the other equipment when needed. Mayor Swedberg asked if there would be a microphone for the podium for the public. Ms. Moore-Sykes indicated it was her understanding that the microphones can be installed on the podium so that it does not tip over. Motion bv Council Member Broussard Vickers, seconded bv Council Member Capra to direct Staff to spend UP to $3,000 to replace Council Chamber microphones as recommended. Council Member Travis suggested hanging a microphone from the ceiling to pick up the comments of residents that do not approach the podium. Council Member Capra asked if Staff looked into cordless microphones. Ms. Moore-Sykes indicated the prices for cordless microphones vary and the problem is the microphones use a lot of batteries. Council Member Nelson indicated she felt that residents should be asked to come to the microphone for comment. Mayor Swedberg said he feels the mute switch is a nice feature and he would like to have that, if possible. VOTE: All in favor. Motion carried unanimouslv. 9. Anonymous Complaints Ms. Moore-Sykes indicated that Staff is seeking clarification from Council as to how Council wants to have anonymous complaints handled. She then indicated that there have been several instances where Staff becomes embroiled in neighborhood disputes because of the complaint. Page 13 of2l City of Centerville August 14,2002 Council Meeting ,Minutes Council Member Broussard Vickers suggested keeping track of the date, address and the complaint and if Staff receives the complaint several times then it should be looked into. She then said it was her understanding that it was up to Staffs discretion as to whether a complaint should be investigated. Council Member Capra expressed concern for people who call in to complain and will not give their name to City Hall. She then said that her other concern is anonymous letters being distributed in packets. Ms. Moore-Sykes indicated it was her intent that the anonymous letter was to go into Council packets only. Council Member Broussard Vickers indicated she would like to see the letter if someone goes to the trouble of writing it and would like it in her packet. Council Member Capra indicated she would be fine with Council getting the letter. Council Member Nelson indicated she saw no problem with someone remaining anonymous, if possible, as long as the City can identify the resident. She then commented that she was told that when Council receives a letter, phone call or e-mail it is public information. Council Member Broussard Vickers commented that by giving your name to City Hall you are no longer anonymous. Mayor Swedberg commented that the letter in question should not have gone in the Council packet as it contained nothing constructive that could be fixed by a Council and was merely somebody venting. He then said that was inappropriate and he would not want to see that type of thing in any way shape or form. Council Member Broussard Vickers indicated she wanted to see any letters received and asked that they be placed in her mailbox ifthey are not going to be put in packets. Council Member Nelson asked if, as one person, Council Member Broussard Vickers is attempting to override a Council decision. Council Member Broussard Vickers said it happens all the time here and then commented that she would like to see any public information that is submitted. City Attorney Hoeft indicated that any. document that comes to City Hall is a public document. Council Member Broussard Vickers indicated she was fine with not putting the letters in packets but said she would like a copy in her mailbox. Council Member Capra indicated the letters would need to be kept on file at City Hall Page 14 of2l City of Centerville August 14, 2002 Council Meeting Minutes Council Member Broussard Vickers indicated she felt Staff should use discretion and if they feel something comes up more than once and there rriay be a foundation for the complaint they should look into it but should not chase every anonymous complaint. Council Member Capra asked if the City has a responsibility to identify the person making the complaint to the resident who the complaint was made against if Staff feels they know who the person is even though they did not identify themselves. City Attorney Hoeft indicated that, if the complaint is going to result in some type of action, then the person would have to be identified otherwise the City could not move forward without verifying the violation. He then said that, if there is a way to verify the violation and keep the person anonymous, that would be fine. Council Member Nelson indicated she would want to see the complaints because she thinks as Council they need to see information jointly and not individually. Council Member Broussard Vickers asked if Council Member Nelson wanted to see letters or phone calls. Council Member Nelson said both. Council Member Broussard Vickers indicated that keeping a complaint log would give a data base to keep track of frequently made complaints. City Attorney Hoeft indicated that taking a phone call with a request to look into something is not public information but reducing it to a phone log creates a document that is public. He then suggested telling residents that a phone log is being kept with complaint information when they call. 10. 2001 Audit Council Member Nelson indicated the City's recycling fund had a deficit balance but when she read the July 8 Park and Recreation minutes it said that the City Clerk reports there is $5,000 in SCORE funds available. She then said she would like to know if the $5,000 SCORE funds could be used to offset the deficit. Ms. Paulseth indicated that the City just applied for SCORE funds to replace money from the recycling fund. Council Member Nelson gave the minutes from the Park and Recreation Committee to Ms. Paulseth for review. Ms. Paulseth said she thinks the City is looking at a general fund transfer on that one but said she would look into it. Page 15 of21 City of Centerville August 14, 2002 Council Meeting Minutes Council Member Nelson commented that the City celebration shows a $34,962 deficit and there is a gambling donation of $25,230 and she would like to make a motion to use the gambling donation to offset the largest portion of the city celebration. Motion bv Council Member Nelson. seconded bv Council Member Capra to use the $25.230 eamblinf! donation to offset the larf!est portion of the City celebration. Ms. Paul seth indicated the City celebration enterprise fund has been closed and that was done with a general fund transfer and the gambling money is in the general fund. Council Member Capra asked if the $25,230 gambling donation was the amount accumulated to the end of2001. Ms. Paulseth indicated that was her understanding. Council Member Capra asked what happens with the funds. Ms. Paulseth indicated it is up to Council to determine what happens to the funds. Council Member Nelson indicated the funds went into the general fund when received. Council Member Capra indicated she would like to investigate with the Gambling Control Board to see if it is okay to do that. Ms. Paulseth indicated that the funds are considered a donation to a govermnent entity. City Attorney Hoeft indicated the funds became part of the general fund when received by the City. Council Member Broussard Vickers indicated that there is no limit as to what the funds can be used for anymore once the Lions made their charitable gambling donation to the City. City Attorney Hoeft indicated anybody can give the City money and ask that the money be used for a specific purpose but the City does not have to do so. He then commented that, if the City wishes to continue receiving donations, it may be a good idea to use the funds as requested, however. Council Member Nelson indicated she felt using the funds for the City celebration benefits the whole City and seems an appropriate use of the funds. Council Member Travis asked if the funds being discussed are the Lion's funds. Council Member Broussard Vickers indicated they are the donated funds from the Lions for the concession stand that was voted against at the last meeting. Council Member Travis called the question. Council Member Capra clarified that the brand new concession stand was voted against. She then said she is against spending $30,000 to run sewer to the concession stand. She Page 16 of21 City of Centerville August 14, 2002 Council Meeting Minutes further said she is not in favor of a concession stand out there because of cost but was not opposed to renovating the current one in some fashion. Council Member Nelson commented she thinks it is good to pay bills before buying new things. She then said that because the City used the general fund to payoff the City celebration and that is a bill that the City has she thinks it is an appropriate way to wash it rather than with property taxes. Council Member Capra indicated she was not in favor of doing that but sees the $34,962 that needs to be paid off. Council Member Nelson commented that it means at the end of the year there would be a deficit of that amount because it was paid out ofthe general fund. Council Member Broussard Vickers said that what it means is that the money will not be accessible to the Park and Recreation Committee to use in any way for anything they would like to do in 2003. Mayor Swedberg said he thinks it is pretty clear that putting in a concession stand is not the thing to do. He then said that ifhe had his way he would send the money back to the Spring Lake Park Lions but that cannot be done. He further said that the true use for the money is to be for police and fire and there are needs there because the police will not have a garage ifthe Turcotte property is sold. Mayor Swedberg commented that, as much as he appreciated the thoughts on cleaning up the deficit, he would not vote for this because there is some sort of sense of a consensus that was done at a certain time concerning the funds. He then said that he does get upset when Park and Recreation keeps pushing the concession stand because he wants to get something for the kids done as there is enough adult stuff already. Council Member Capra commented that she had hoped that by this time Council would have had a recommendation from Park and Recreation with regard to renovation of the currcnt building or a covered pavilion or warming house roof. She then commented that Council had asked a Park and Recreation member to bring to the meeting the possibility of putting a roof over the existing hockey rink. She also commented that it would be nice to have windows in the warming house for the attendant to be able to watch the rink from all sides. Council Member Broussard Vickers indicated that the direction was given to Park and Recreation at the last Council Meeting that a new building would not be acceptable. She then said that all the members are volunteers and Lions and were busy putting together the City celebration so they have not met to discuss recommendations for the funds. She further commented that now, with clear direction, they would be meeting to discuss it. Council Member Capra indicated that no budget has been received from Park and Recreation. Page 17 of21 City of Centerville August 14,2002 Council Meeting Minutes Council Member Broussard Vickers indicated they are working on it but were told it was not needed until the end of August. VOTE: Aves -l(Nelson), Navs - 4. Motion failed. Council Member Nelson indicated that on Monday night Council had said it would vote on whether or not to add a halftime park person or no person. She then indicated that she and the Mayor did not want a park person and Council Members Capra and Broussard Vickers wanted to have a halftime person. Ms. Paulseth indicated that Staff was looking for approval to publish the 2001 audit as it was supposed to be published on June 30, 2002. Motion bv Council Member Nelson. seconded bv Mavor Swedberl! to approve the 2001 audit. Aves - 4, Navs -1 (Broussard Vickers). Motion carried. Council Member Nelson indicated she had heard some talk about interviewing new firms for the next audit and asked if that should be addressed now. Council agreed to discuss it at another meeting. I 1. Budget Motion bv Council Member Nelson, seconded bv Council Member Capra to amend the al!enda to include a budl!et discussion. All in favor. Motion carried unanimously. Council Member Travis said he felt it was necessary to have at least a half time person. Council Member Capra indicated she had found out that Park and Recreation has park dedication fees of $47,000. Council Member Broussard Vickers indicated there should be more than $70,000. Ms. Paulseth indicated she was not clear whether the funds can be used for operating or need to be used for capital improvement. Council Member Capra indicated she would like to have the staff person be taken out of the budget for Park and Recreation to use park dedication fees instead of the tax money. Ms. Paulseth indicated the dollar amount that is planned for park improvement is being funded by park dedication fees. Mayor Swedberg indicated that park dedication fees are to purchase trails and equipment and things like that. Page 18 of21 City of Centerville August 14, 2002 Council Meeting Minutes Council Member Broussard Vickers indicated that three COlillCil Members feel that a part time person is necessary and how to pay for it needs to be discussed. Council Member Nelson asked if the two still want a halftime person there. Council Member Capra indicated she did not want six months of a half time person but would like four months of a half time person. Council Member Nelson asked what dollar figure Council wanted to use in that position. Council Member Broussard Vickers suggested using $15,000 and how that is funded can be determined later. VI. CONSENT AGENDA I. The City of Centerville July 25, 2002 through August 14, 2002 Claims for Approval 2. Centennial Fire District August 6, 2002 Claims 3. Approval of Ordinance #4 & Summary for Publication 4. Appointment of Election Judges Mayor Swedberg pointed out there were some wording changes in Ordinance #4 that would be corrected but would make no substantive changes to the Ordinance. Motion bv Conncil Member Capra. seconded by Conncil Member Travis to approve the Consent A!!enda as presented. All in favor. Motion carried nnanimously. VII. APPROVAL OF COUNCIL MINUTES I. July 24. 2002 Council Meeting Minutes Motion by Council Member Capra. seconded by Council Member Travis to approve the July 24. 2002 Council Meetin!! Minutes as presented. All in favor. Motion carried unanimously. VIII. ANNOUNCEMENTS/uPDATES 1. State Auditor Inquiry Council Member Nelson indicated the individuals who are considering doing a petition have not decided whether to do it. Page 19 of21 L- City of Centerville August 14,2002 Council Meeting Minutes 2. AT&T (Capra) Council Member Capra indicated that the Commission is looking at approval of the contract at the August 21, 2002 meeting. She then indicated that she would be given a synopsis of the contract and could provide that to Council. 3. 1540 Peltier Lake Drive This item was handled earlier in the meeting. 4. Commercial Developments InQuirv/Capital Proiects Analvsis Ms. Moore-Sykes indicated that Staff continues to research the capital projects. Ms. Paulseth indicated that she is having trouble finding the developer's agreement for Apple Tree Square. City Attorney Hoeft indicated that often times the prior City Administrator drafted the agreements in house and if that was the case he may not have a copy at his office but said he would look. Council Member Broussard Vickers said she would like to have the developers billed out if the developer's agreements can be found. Ms. Paulseth indicated she and Ms. Moore- Sykes have had discussions about this with some of the developers and there are concerns with the timeliness ofthe billing. Ms. Paulseth indicated that the developers have been given itemized copies of the billings that occurred over the years. Council Member Capra asked if Council should set a timeframe for response or payment on the accounts. Council Member Nelson suggested 30 days. City Attorney Hoeft indicated that it would be necessary to determine when the statute of limitations began running before giving a time frame for payment. Ms. Paulseth indicated that Deer Pass was closed out. Council Member Broussard Vickers asked Staff to determine the statute of limitations of the accounts that were closed out. City Attorney Hoeft indicated that any continuing obligations on the part of the developer would extend the contract. He then said he would review the contracts to determine the statute of limitations. Page 20 of21 City of Centerville August 14, 2002 Council Meeting Minutes Council Member Broussard Vickers asked for an update on which accounts need to be pursued more vigorously and then said that either 30 days or 60 days would be fine for those that do not have a statute oflimitations issue. Council Member Nelson said she felt the same time frame should be used for everyone. Council Member Capra suggested a response by the end of September. Ms. Paulseth indicated there is more than one development where the developer indicated other concerns with the City regarding the project. Council Member Capra asked whether the City is figuring in 10% for attorney's fees for future developments. Staff indicated that the provision has always been in the contract but has not been used. 5. Mr. Craig Bode - ParaderFirework Preliminary Expenditures Ms. Moore-Sykes indicated that Mr. Bode had expected to be at this meeting but something came up and he is looking to be put on the agenda for the first meeting in September. Council Member Nelson asked if Staff received her pending list today. Ms. Moore-Sykes indicated she received the list but had not had a chance to review it. Council Member Nelson indicated there were some things for Mr. Palzer to look at such as the Eagle Pass pond and the Hunter's Crossing trail. Mayor Swedberg indicated that Lexington has asked to re-evaluate the structure of the police commission itself and this opens up something that will require that the joint powers agreement be re-written. He then said that Ms. Moore-Sykes will sit on that committee and asked if anyone had contacted her. Ms. Moore-Sykes indicated she had not yet been contacted. Mayor Swedberg indicated the matter needed to be completed within 60 days. IX. ADJOURNMENT Motion by Council Member Travis, seconded by Council Member Nelson to adiourn the AUl!ust 14, 2002 City Council Meetinl! at 9:14 p.m. All in favor. Motion carried unanimously. Transcribed by: Joan Lenzmeier, Recording Secretary TimeSaver Off Site Secretarial, Inc. Page 21 of21 CITY OF CENTERVILLE CITY COUNCIL WORKSESSION MEETING August 12, 2002 6:30 p.m. Pursuant to due caU and notice thereof, the City of Centerville held a Work Session on August 12,2002, at City HaU, 1880 Main Street. PRESENT: Mayor Tim Swedberg Council Member Mari Nelson Council Member Linda Broussard Vickers Council Member Capra OO'I"'@O I' I"~ ..., ABSENT: Council Member Dick Travis STAFF: City Administrator, Ms. Moore-Sykes Finance Director, Ms. EUen Paulseth I. CALL TO ORDER Mayor Swedberg caUed the August 12, 2002, Work Session to order at 6:40 p.m. II. SET AGENDA III. AWARDS/PRESENT ATIONS/ APPEARANCES IV. PUBLIC HEARlNG(S) None. V. COUNCIL BUSINESS l. 2003 Budget Council discussed the foUowing issues: . Tax Levy . Staff . Salaries & Benefits . State Aid . Miscellaneous . Capital Improvements . Enterprise City of Centerville August 12,2002 Council Work Session Meeting Minutes VI. CONSENT AGENDA VII. APPROVAL OF COUNCIL MINUTES VIII. ANNOUNCEMENTS/UPDATES IX. ADJOURNMENT Mayor Swedberg adjourned the Work Session meeting at 8:15 p.m. Teresa Bender, City Clerk Page 2 of21 CITY OF CENTERVILLE CITY COUNCIL WORKSESSION MEETING August 19, 2002 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held a Work Session on August 19,2002, at City Hall, 1880 Main Street. PRESENT: Mayor Tim Swedberg Council Member Mari Nelson Council Member Linda Broussard Vickers Council Member Capra ABSENT: Council Member Dick Travis STAFF: City Administrator, Ms. Moore-Sykes Finance Director, Ms. Ellen Paulseth :. rt,j. t y : %/ '~, . "- I. CALL TO ORDER Mayor Swedberg called the August 19,2002, Work Session to order at 6:32 p.m. II. SET AGENDA III. A W ARDS/PRESENT ATIONS/ APPEARANCES IV. PUBLIC HEARING(S) None. V. COUNCIL BUSINESS 1. 2003 Budget Council discussed the following issues: . Tax Levy . Staff Increases . Administration of Enterprise Funds . State Aid . Miscellaneous . Capital hnprovements . Fire Protection . Capital Outlay . Enterprise VI. CONSENT AGENDA VII. APPROVAL OF COUNCIL MINUTES VIII. ANNOUNCEMENTS/uPDATES IX. ADJOURNMENT City of Centerville August 19, 2002 Council Work Session Meeting Minutes Mayor Swedberg adjourned tbe Work Session meeting at 8:35 p.m. Teresa Bender, City Clerk Page 2 of21 ervi((e STAFF REPORT DATE: August 28, 2002 TO: Mayor and City Council Kim Moore-Sykes, City Administrator WUI/z, FROM: RE: 1540 Peltier Lake Drive ......................................................................... Staff met with the City Attorney on Wednesday afternoon to go over the requirements of submitting a request for an Administrative Search Warrant. Staff has again contacted Anoka County regarding the individual at 1540 Peltier Lake Drive. I spoke with Ms. Phyllis Linder, Senior Outreach Worker after finding her card in this address file. She indicated to me that she tried to make contact with the property owner but had no response. I told her what the City was in the process of doing and that we wanted a social worker involved at the service of the Warrant. She agreed that that was a good idea and gave me the names of County social workers who work with seniors and vulnerable adults. I also spoke with Deputy Chief Makela about the situation. He indicated that he would have an officer serve the property owner with the letter that the Council asked me to write. In this way, the City would have another record of its attempted contact with the property owner. Officer Gleason reported on Friday that he was unable to deliver the letter but did look over the property. He reported that he is concerned about the potential fire hazard the property is and asked that the fire chiefbe involved. Officer Gleason and the Public Works Director went back to the property to inspect the property and attempt another service ofthe letter. Staff has notified Chief Bennett of the situation. ervi[[e 1880 Main Street . Centervi1le, 'M'J{ 55038 (651) 429-3232 .:Fa:( (651) 429-8629 August 19,2002 Mr. Bjorn Larson 1814 Houle Circle Centerville, MN 55038 Dear Mr. Larson: The City has received a complaint in regards to the length of the grass in the rear and side yard of 1814 Houle Circle. The City has an ordinance in place regarding the length of grass and when same becomes a violation. It appears that weeds and/or grass exceed eight inches in the areas addressed above. Enclosed for your reference, please find Ordinance #54. The City understands that you are the new homeowner of this residence and understands that same can be a very busy time; however, the City requests that you abate this violation within 30 days from the date of this letter. If you have any questions regarding this issue, please do not hesitate to contact me. Sincerely, ~jt:~ ~.- - ~Ore-SYkeS / City Administrator KMS/tdb Enclosure: Ord. #54 Cc: City Council L -- ,g\~ \\ f CITY OF CENTERVILLE COMMUNITY ACTION NOTICE PART I. BACKGROUND COMPLAINANT Last Name (AnonymOUS Address 1 011 Complaint Number I 971 First Name L Date Complaint Taken I 8/9/20021 Time 1 I BY: I Phone # - home Phone # - work -'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-.-.-.-.-.-.-.-.-.-.-.-.-.-.- COMPLAINT INFORMATION ADDRESS: I 18141 [HOUle Circle NAME (IF KNOWN): [Larson .~ fBjOm l Phone J Last First Junk Vehicle 0 Weeds ~ Animal 0 Noise 0 other 0 Explain - .. Excessive weed and grass growth. In excess of eight inches. ant #54 violation. What type of Response is Required: Complainant Response Required 0 Immediat 0 Time Permits 0 Complaintant Informed 0 RESPONSE METHOD: I Department Referred to: Administration (Department) Teresa (Employee) -'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'- PART II. FOLLOW UP: Action Taken ISee attached letter. . Completed 0 Date of Action I Person Contacting Complainant: Department: Additional Information ROYALI9i~~ 'l~ '-,~ -c;i. August 14, 2002 Ellen Paulseth City of Centerville 1880 Main Street Centerville, MN 55038 RE: Lakeland Hills Dear Ellen Paulseth, Royal Oaks Realty, Inc. developed the Lakeland Hills project in 1997. We sold lots to various builders. The last lot closed in 1999, therefore, our project was considered completed in 1999. Our letter of credit was returned to us from the city. In conclusion, we do not feel obligated and will not pay the invoice for $50,097.86. Sincerely, Royal Oaks Realty, Inc. d ~~#f'~d~ :A~.~~ by: Marcel Eibensteiner, Pres. 1000 County Road E West, Suite 150. Shoreview, Minnesota 55126. (651) 483-5518. Fax (651) 483-5642 www.royaloaksrealty.com , tervi[[e 'Esta6fislid 1115; AUG 2 1 2002. Organization Name: CITY OF CENTERVILLE Monthly Gambling Summary W-/n) ~"'([ S0-OtM'_ G..v~ Gambling Location: 11'1 i'1-- T(l--:::;) ::;::,u,) /1 D?.- MonthlYear: Name ofIndividual Completing Form: "k-l!.u;- W \kLJ..."'~(j., CP,k Ten Percent Net Profit Calculation A. Net Receipts - T otallines 2c, 3c, 8c, 9c (per Schedule A if more than one (I) site) no3 B. Sums of lines 22 thru 33 (per Schedule A ifmore than one (I) site) 51..1,,0 c. Line a - line b :z-z..'-\~ Miscellaneous Deductions (for this site only) 1. Pulltab tax to distributor i'b'1 2. Combined receipts tax for this site 3. Federal Taxes (per schedule CID) 4. State Gambling Tax (per line 11) -z. ~ F. Line e X 50% AMOUNT DUE 1'1"'2- \L.-\S\ iUp D. Total Miscellaneous Deductions for this site E. Line c - line d 40% 5'bD List Receivers offundslor attach a separate page Signature: \l.\t,., PAYABLE TO THE CITY OF CENTERVILLE *DUE ANNUALLY AS PER ORDINANCE* if\Uil~ 10% tervi{{e 'uta6/L<lie,( 1857 CITY OF CENTERVILLE Monthly Gambling Summary Organization Name: ~~ V':n.~ ~Cl,'" CLv6 Gambling Location: W::r:SR.. SV"l" P:i:""-'" , 110'1.- I MonthlYear: Name ofIndividual Completing Form: 'CfU..vT W ~u..~ c.f,." Ten Percent Net Profit Calculation A. Net Receipts - T otallines 2c, 3c, 8c, 9c (per Schedule A ifmore than one (1) site) 39/'-I B. Sums of lines 22 thru 33 (per Schedule A if more than one (I) site) ",c:~c:- __t......J C. Line a - line b L.H9 Miscellaneous Deductions (for this site only) I. Pulltab tax to distributor YOG 2. Combined receipts tax for this site 3. Federal Taxes (per schedule C/D) 4. State Gambling Tax (per line 11) D. Total Miscellaneous Deductions for this site YD\':' E. Line c - line d """'7 I~ F. Line e X 50% AMOUNT DUE ?-.\ 40% n List Receivers of funds/or attach a separate page 10% L-\ PAYABLE TO THE CITY OF CENTERVILLE *DUE ANNUALLY AS PER ORDINANCE* Signature: ~~;l 'l1I] MINNESOTA DEPARTMENT OF REVENUE MONTHLY SUMMARY and TAX RETURN (G-l) lawful Gambling Activity Month and Year Premises JULY 2002 5 Address 19680 Harrow Avenue North. Forest lake MN 55025 Attached: Schedule A Schedule B2 Schedule F 5 10 1 (A) Gross (B) Prizes (C) Net 1 0.00 0.00 0.00 rganization license 03800 Name Dead Broke Saddle Club Schedule B-2 Game Count 124 1 Bingo. . 2 Raffles [ ] Exempt, Schedule-ER 3 Paddletickets. . . . 4 SUB-TOTAl (Add lines 1 through 3). 5 last Month line 6C, if it was negative 6 Adjusted Sub-Total (line 4 minus line 5) 6 7 Income from Interest and Dividends 7 8 9 .10 8 Tipboards. 9 Pulltabs . 10 TOTAlS (Add lines 6,7,8,9) 11 Gambling Tax (8.5% of line 6C) 12 Combined Receipts Tax (Schedule E, line 9) 2 3 4 5 0.00 1 , 140 . 00 1,140.00 1,102.00 1,102.00 0.00 38.00 38.00 0.00 38.00 29.49 0.00 49,054.00 49,121. 49 11 12 3.23 0.00 0.00 0.00 1,140.00 1,102.00 13 PAY THIS AMOUNT (line 11 plus line 12) Check to Department of Revenue. 13 3.23 29.49 0.00 250,657.00 251,826.49 0.00 201,603.00 202,705.00 14 Gambling Tax Paid to Distributors for Pulltabs & Tipboards 15 TOTAL Gambling Tax (Add lines 13 and 14) . . . 14 15 4,967.93 4,971.16 16 GROSS PROFIT, After Taxes (line laC minus line 15) to line 17, page 2. 16 44,150.33 .of Revenue, MINNESOTA DEPARTMENT OF REVENUE MONTHLY SUMMARY and TAX RETURN (G-l) PaQe 2 Organization License Month and Year 03800 JULY 2002 17 Gross profit from line 16 of page 1. . . . 18 Beginning Inventory (Last Month Line 21) . 19 Gambling Product Obtained, with Sales Tax. 20 Goods Available (Line 18 plus Line 19) 21 Ending Inventory (excludes Sales Tax). 22 Goods Used (Line 20 minus Line 21) 23 Compensation and Payroll taxes. . 24 Penalty or Interest on Taxes paid during the month 25 Advertising. . . . . 26 Accounting and Legal Services. 27 Miscellaneous Expenses, Supplies & Bank Charges. 28 Purchase/Repair of Furnishings or Devices for Gambling 29 Rent for the Purpose of Conducting Lawful Gambling 30 Ut i1 it i es. . . . . . . . . . . 31 Theft and Liability Insurance. 32 Manager's Bond, Licenses, Local Fee, Premises Permit 33 Cash Long(-) or Cash Short(+). . . . 34 DEPOSIT REQUIRED, Excess Cash Short Reimbursement(-) 35 Deposited Amount, Excess Expense Reimbursement(-). .' . 36 TOTAL AllOWABLE EXPENSES (Add Lines 22 through 35) 37 NET PROFIT (Line 17 minus Line 36) . . . . . . . . 38 Prior Month Profit Carry-Over (Line 44 from Last Month). 39 Approved Adjustments (Attach Letter and/or Add Line 5C if not zero). 40 BALANCE Sub-Total (Add Lines 37, 38 and 39). . . . 41 Lawful Purpose Expenditures (Line 11 Schedule C/O) 42 Board-Approved Expenditures (Line 13 Schedule C/O) 43 Total Expenditures (Add Lines 41 and 42) . 44 PROFIT CARRY-OVER (Line 40 minus Line 43). 46 FUNDS BALANCE DIFFERENCE from Schedule F, Line 22. 47 Pulltab & Tipboard UNSOLD TICKETs this month . . . .46 0.00 17 44,150.33 18 5,088.89 19 3,682.86 20 8,771. 75 21 4,565.28 22 4,206.47 23 16,992.61 24 0.00 25 0.00 26 0.00 27 37.88 28 270.00 29 2,450.00 30 550.00 31 0.00 32 1,200.00 33 -96.50 34 0.00 35 0.00 36 25,610.46 37 18,539.87 38 28,969.16 39 0.00 40 47,509.03 41 1,970.81 42 0.00 43 1,970.81 44 45,538.22 .47 71,659.00 MINNESOTA DEPARTMENT OF REVENUE LAWFUL GAMBLING ACTIVITY G-I SCHEDULE A RECEIPTS and EXPENSES PER PREMISE gan.License 03800 Lines 1-10 and Premise Number Premise Name 008 The Trio Inn 18-36 correspond to Form G-l 1 Bingo. . . . . . . . . . . . . . . 1 2 Raffles [ ] Exempt, Schedule-ER . 2 3 Paddletickets .......... 3 4 SUB-TOTAL (Add Lines 1 through 3). . . . . 4 5 Proportional Part, Last Month G-l Line 6C. 5 6 Adjusted Sub-Total (Line 4 minus Line 5) 6 7 Income from Interest and Dividends 7 8 Tipboards. . . . . . . . 8 9 Pu lltabs . . . . . . . . . . . . . . 9 10 TOTALS (Add Lines 6 - 9) . . . . . .10 (A) Gross (B) 0.00 0.00 1,140.00 1,140.00 0.00 1,140.00 5.90 0.00 36,549.00 37,694.90 18 Beginning Inventory (Last Month Line 21) . 19 Gambling Product Obtained, with Sales Tax. 20 Goods Available (Line 18 plus Line 19) . . 21 Ending Inventory (excludes Sales Tax). . . 22 Goods Used (Line 20 minus Line 21) . . . . 23 Compensation and Payroll taxes. . . . . . . . . . 24 Penalty or Interest on Taxes paid during the month 25 Advertising. . . . . . . . . . . . . . . . . . . . 26 Accounting and Legal Services. . . . . . . . . . . 27 Bank Charges and Miscellaneous Supplies & Expenses. . 28 Purchase/Repair of Furnishings or Devices for Gambling 29 Rent for the Purpose of Conducting Lawful Gambling. 30 Ut il it i es. . . . . . . . . . . . . . . . . . . . . . 31 Theft and Liability Insurance. . . . . . . . . . . . 32 Manager's Bond, Licenses, Local Fee, Premises Permit 33 Cash Long(-) or Cash Short(+). . . . . . . . . . . . 34 DEPOSIT REQUIRED, Excess Cash Short Reimbursement(-) 35 Deposited Amount, Excess Expense Reimbursement(-). . 36 TOTAL ALLOWABLE EXPENSES (Add Lines 22 through 35) . Report Month/Year JULY 2002 Prizes 0.00 0.00 1,102.00 1,102.00 1,102.00 0.00 28,684.00 29,786.00 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Line numbers correspond to the Tax Return (Form G-l) line numbers. Gss 7/99 (C) Net 0.00 0.00 38.00 38.00 0.00 38.00 5.90 0.00 7,865.00 7,908.90 1,328.63 566.90 1,895.53 1,345.62 549.91 4,459.17 0.00 0.00 0.00 0.00 0.00 300.00 50.00 0.00 290.00 11.00 0.00 0.00 5,660.08 MINNESOTA DEPARTMENT OF REVENUE LAWFUL GAMBLING ACTIVITY G-1 SCHEDULE A RECEIPTS and EXPENSES PER PREMISE Organ.License 03800 Lines 1-10 and Premise Number Premise Name 012 Wise GUYS Pizza & Pub 18-36 correspond to Form G-1 1 Bingo. . ., . ........ 1 2 Raffles [ ] Exempt, Schedule-ER . 2 3 Paddletickets ., .... .. 3 4 SUB-TOTAL (Add Lines 1 through 3). . . . . 4 5 Proportional Part, Last Month G-l Line 6C. 5 6 Adjusted Sub-Total (Line 4 minus Line 5) 6 7 Income from Interest and Dividends 1 8 Tipboards. ..... 8 9 Pulltabs. ...... . 9 lOTOTALS(AddLines6-9).. .. .10 (A) Gross (B) 0.00 0.00 0.00 0.00 0.00 0.00 5.90 0.00 16,689.00 16,694.90 18 Beginning Inventory (Last Month Line 21) . 19 Gambling Product Obtained, with Sales Tax. 20 Goods Available (Line 18 plus Line 19) . . 21 Ending Inventory (excludes Sales Tax). . . 22 Goods Used (Line 20 minus Line 21) . . . . 23 Compensat i on and Payro 11 taxes . . . . " .. 24 Penalty or Interest on Taxes paid during the month 25 Advert i sing. . . . . . . . . . . . . . . . . . . . 26 Accounting and Legal Services. . . . . . . . . . . 27 Bank Charges and Miscellaneous Supplies & Expenses. . 28 Purchase/Repair of Furnishings or Devices for Gambling 29 Rent for the Purpose of Conducting Lawful Gambling. 30 Utilities. . . . . . . . . . . . . . . . . . . . . . 31 Theft and Liability Insurance. . . . . . . . . . . . 32 Manager's Bond, Licenses, Local Fee, Premises Permit 33 Cash Long(-) or Cash Short(+). . . . . . . . . . . . 34 DEPOSIT REQUIRED, Excess Cash Short Reimbursement(-) 35 Deposited Amount, Excess Expense Reimbursement(-). . 36 TOTAl AlLOWABLE EXPENSES (Add Lines 22 through 35) . Report MonthjYear JULY 2002 Prizes (C) 0.00 0.00 0.00 0.00 0.00 0.00 12,715.00 12,715.00 Line numbers correspond to the Tax Return (Form G-l) line numbers. Gss 7/99 1- 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Net 0.00 0.00 0.00 0.00 0.00 0.00 5.90 0.00 3,974.00 3,979.90 512.32 265.75 778.07 478.93 299.14 2,413.17 0.00 0.00 0.00 0.00 270.00 100.00 0.00 0.00 290.00 153.00 0.00 0.00 3,525.31 MINNESOTA OEPARTMENT OF REVENUE G-I SCHEDULE 8-2 LAWFUL GAMBLING ACTIVITY REPORT OF GAMES PLAYED, LOST or DESTROYED I.~_nse 03800: Dead Broke Saddle Club Game Type Premise 008: The Trio Inn PULLTABS PLAYED Page 1 of 1 Report Month(Year JULY 2002 MANUFACTURER's In-Play Ideal Ideal Unsold Gross Prizes IDEAL CASH Long Removed ID Part # SERIAL # Date Gross Prize Value Receiots Value NET Deoosit -Short Date AI PG749 AI PG880 IG 6862 AI PG912 TP 13216-MN TP 13177-MN AI PG928 Al PF006 GT 4513 060030 06/25 7198. 5670. 530361 06/26 2999. 2329. O. 7198.00 5670.00 1528.00 1512.00 -16.00 07/02 O. 2999.00 2329.00 670.00 669.00 -1.00 07/02 4113813 06/29 3168. 2439. 534. 2634.00 2139.00 495.00 502.00 7.00 07/07 0.00 07/12 -3.00 07/12 12.00 07/19 8.00 07/23 330209 07/07 2999. 2318. O. 2999.00 2318.00 681.00 681.00 D835106 07/03 3024. D826798 07/13 3168. 2320. 263. 2438. O. 2761.00 2247.00 514.00 u511.00 3168.00 2429.00 739.00 751.00 2889.00 2240.00 649.00 657.00 430283 07/13 2999. 2300. 110. 140210 07/23 2999. 2313. O. 2999.00 2311.00 688.00 700.00 12.00 07/25 5396766 06/28 3120. 2399. 554. 2566.00 2238.00 328.00 299.00 -29.00 07/27 13318-MN D839941 07/25 3168. 2430. IG 7610 4134577 07/27 3168. 2440. O. 3168.00 2428.00 740.00 741.00 1.00 07/30 O. 3168.00 2335.00 833.00 831.00 -2.00 07/31 Column I J K L M N TOTAL THIS PAGE .......... Line 16 1461. 36549. 28684. 7865.00 7854.00 -11. 00 Total from previous page ......... O. o. o. 0.00 0.00 0.00 TO TAX RETURN or to next page 1461. 36549. 28684. 7865.00 7854.00 -11. 00 Gss 07/99 - .~ MINNESOTA DEPARTMENT OF REVENUE G-I SCHEDULE B-2 LAWFUL GAMBLING ACTIVITY REPORT OF GAMES PLAYED, LOST or DESTROYED Page 1 of 1 License 03800: Dead Broke Saddle Club Game Type Premise 012: Wise Guys Pizza & Pub PULL TABS PLAYED Report Month/Y JULY 2002 MANUFACTURER's In-Play Ideal Ideal Unsold Gross Prizes IDEAL CASH Long Removed 10 Part # SERIAL # Date Gross Prize Value Receiots Value NET Oeoosit -Short Date AN 32142 AI PG800 2419683 06/24 3000. 2325. 648. 2352.00 1719.00 633.00 529.00 -104.00 07/01 310036 06/21 2999. 2329. 688. 2311.00 1831.00 480.00 463.00 -17.00 07/05 TP 13318-MN 0839973 07/05 3168. 2430. 307. 2861.00 2218.00 643.00 632.00 -11.00 07/19 TP 12885-MN 0771468 06/22 7200. 5690. 2468. 4732.00 3243.00 1489.00 1345.00 -144.00 07/22 GT 4483 AI PG912 5386541 06/24 3136. 2422. 1702. 1434.00 1388.00 46.00 189.00 143.00 07/28 330210 07/19 2999. 2318. O. 2999.00 2316.00 683.00 663.00 -20.00 07/31 Column I J K L M N TOTAL THIS PAGE .......... Line 16 5813. 16689. 12715. 3974.00 3821.00 -153.00 Total from previous page ......... O. o. o. 0.00 0.00 0.00 TO TAX RETURN or to next page 5813. 16689. 12715. 3974.00 3821.00 -153.00 Gss 07/99 MINNESOTA DEPARTMENT OF REVENUE G-I SCHEDULE B-2 LAWFUL GAMBLING ACTIVITY REPORT OF GAMES PLAYED, Page I of 3 LOST or DESTROYED i.__nse 03800: Dead Broke Saddle Club Game Type Report Month(Year Premise 008: The Trio Inn PADDLE TICKETS PLAYED JULY 2002 MANUFACTURER's In-Play Ideal Ideal Unsold Gross Prizes IDEAL CASH long Removed ID Part II SERIAL II Date Gross Prize Value ReceiDts Value NET DeDosit -Short Date JM 30llTlCKET 407145 07/12 30. 29. O. 30.00 29.00 1.00 1.00 0.00 07/12 S JM 30#TICKET 407146 07/12 30. 29. O. 30.00 29.00 1.00 1.00 0.00 07/12 S JM 30llTlCKET 407147 07/12 30. 29. O. 30.00 29.00 1.00 1.00 0.00 07/12 S JM 30llTlCKET 407148 07/12 30. 29. O. 30.00 29.00 1.00 1.00 0.00 07/12 S JM 30#TlCKET 407149 07/12 30. 29. O. 30.00 29.00 1.00 1.00 0.00 07/12 S JM 30#TlCKET 407150 07/12 30. 29. O. 30.00 29.00 1.00 1.00 0.00 07/12 S JM 30#TlCKET 407151 07/12 30. 29. O. 30.00 29.00 1.00 1.00 0.00 07/12 S JM 30llTlCKET 407152 07/12 30. 29. O. 30.00 29.00 1.00 1.00 0.00 07/12 S JM 30#TICKET 407153 07/12 30. 29. O. 30.00 29.00 1.00 1.00 0.00 07/12 S .. 30llTlCKET 407154 07/12 30. 29. O. 30.00 29.00 1.00 1.00 0.00 07/12 S JM 30llTICKET 407155 07/12 30. 29. O. 30.00 29.00 1.00 1.00 0.00 07/12 S JH 30llTICKET 407156 07/12 30. 29. O. 30.00 29.00 1.00 1.00 0.00 07/12 S JM 30#TICKET 407157 07/12 30. 29. O. 30.00 29.00 1.00 1.00 0.00 07/12 S JH 30llTICKET 407158 07/19 30. 29. O. 30.00 29.00 1.00 1.00 0.00 07/19 S JH 30#TICKET 407159 07/19 30. 29. O. 30.00 29.00 1.00 1.00 0.00 07/19 S Column I J K L M N TOTAL THIS PAGE .......... Li ne 16 O. 450. 435. 15.00 15.00 0.00 Total from previous page ......... O. o. o. 0.00 0.00 0.00 TO TAX RETURN or to next page O. 450. 435. 15.00 15.00 0.00 Gss 07/99 MINNESOTA DEPARTMENT OF REVENUE 6-1 SCHEDULE 8-2 ! LAWFUL GAMBLING ACTIVITY REPORT OF GAMES PLAYED, Page 2 of 3 LOST or DESTROYED License 03800: Dead Broke Saddle Club Game Type Report MonthlY Premise 008: The Trio Inn PADDLE TICKETS PLAYED JULY 2002 MANUFACTURER's In-Play Ideal Ideal Unsold Gross Prizes IDEAL CASH Long Removed ID Part # SERIAL # Date Gross Prize Value ReceiDts Value NET DeDas it -Short Date JM 30#TICKET 407160 07/19 30. 29. O. 30.00 29.00 1.00 1.00 0.00 07/19 S JM 30#TICKET 407161 07/19 30. 29. O. 30.00 29.00 1.00 1.00 0.00 07/19 S JM 30#TICKET 407162 07/19 30. 29. O. 30.00 29.00 1.00 1.00 0.00 07/19 S JM 30#TICKET 407163 07/19 30. 29. O. 30.00 29.00 1.00 1.00 0.00 07/19 S JM 30#TICKET 407164 07/19 30. 29. O. 30.00 29.00 1.00 1.00 0.00 07/19 S JM 30#TICKET 407165 07/19 30. 29. O. 30.00 29.00 1.00 1.00 0.00 07/19 S JM 30#TICKET 407166 07/19 30. 29. O. 30.00 29.00 1.00 1.00 0.00 07/19 S JM 30#TICKET 407167 07/19 30. 29. O. 30.00 29.00 1.00 1.00 0.00 07/19 S JM 30#TICKET 407168 07/19 30. 29. O. 30.00 29.00 1.00 1.00 0.00 07/19 S JM 30#TICKET 407169 07/19 30. 29. O. 30.00 29.00 1.00 1.00 0.00 07/19 S JM 30#TICKET 407170 07/19 30. 29. O. 30.00 29.00 1.00 1.00 0.00 07, __ S JM 30#TICKET 407171 07/26 30. 29. O. 30.00 29.00 1.00 1.00 0.00 07/26 S JM 30#TICKET 407172 07/26 30. 29. O. 30.00 29.00 1.00 1.00 0.00 07/26 S JM 30#TICKET 407173 07/26 30. 29. O. 30.00 29.00 1.00 1.00 0.00 07/26 S JM 30#TICKET 407174 07/26 30. 29. O. 30.00 29.00 1.00 1.00 0.00 07/26 S Column 1 J K L M N TOTAL THIS PAGE .......... Li ne 16 O. 450. 435. 15.00 15.00 0.00 Total from previous page ......... O. 450. 435. 15.00 15.00 0.00 TO TAX RETURN or to next page O. 900. 870. 30.00 30.00 0.00 Gss 07/99 MINNESOTA DEPARTMENT OF REVENUE G-I SCHEDULE B-2 LAWFUL GAMBLING ACTIVITY REPORT OF GAMES PLAYED, Page 3 of 3 LOST or DESTROYED L nse 03800: Dead Broke Saddle Club Game Type Report Month/Year Premise 008: The Trio Inn PADDLE TICKETS PLAYED JULY 2002 MANUFACTURER's In-Play Ideal Ideal Unsold Gross Prizes IDEAL CASH Long Removed ID Part # SERIAL # Date Gross Prize Value ReceiDts Value NET DeDos it -Short Date JM 30#TICKET 407175 07/26 30. 29. O. 30.00 29.00 1.00 1.00 0.00 07/26 S JM 30#TICKET 407176 07/26 30. 29. O. 30.00 29.00 1.00 1.00 0.00 07/26 S JM 30#TICKET 407177 07/26 30. 29. O. 30.00 29.00 1.00 1.00 0.00 07/26 S JM 30#TICKET 407178 07/26 30. 29. O. 30.00 29.00 1.00 1.00 0.00 07/26 S JM 30#TICKET 407179 07/26 30. 29. O. 30.00 29.00 1.00 1.00 0.00 07/26 S JM 30#TICKET 407180 07/26 30. 29. O. 30.00 29.00 1.00 1.00 0.00 07/26 S JM 30#TICKET 407181 07/26 30. 29. O. 30.00 29.00 1.00 1.00 0.00 07/26 S JM 30#TICKET 407182 07/26 30. 29. O. 30.00 29.00 1.00 1.00 0.00 07/26 S Column I J K L M N TOTAL THIS PAGE .......... Line 16 O. 240. 232. 8.00 8.00 0.00 Total from previous page ......... O. 900. 870. 30.00 30.00 0.00 TO TAX RETURN or to next page O. 1140. 1102. 38.00 38.00 0.00 Gss 07/99 MINNESOTA LAWFUL GAMBLING SCHEDUlE C/O Organization License MonthjYear Page of Alllended Dead Broke Saddle Club 03800 JULY 2002 1 1 Schedule? NO SCHEDULE C: Lawful Purpose Expenditures Approved Date of Check Reason Benefits By Orqan Check Number Check Made Out To: TRCS Code MIF Amount 02/26/2002 07/20/2002 6663 Alan Spidahl a(7) Both 350.00 02/26/2002 07/20/2002 6664 Woodloch Tack a(7) Both 1,606.81 06/25/2002 07/20/2002 6667 City Of lino a(8) 14.00 Total for ALL PAGES: to Tax Return Line 41. 1,970.81 SCHEDULE D: Board Approved Expenditures NONE Approved Date of Bv Orqan Check Check Number Check Made Out To: Reason TRCS Code Date Approved Amount By Board Total for ALL PAGES: 0.00 to Tax Return Line 42. I declare this Schedule is complete and correct to the best of my knowledge and belief. Chief ~~~ ~~~~ i g v-------= Manager ~ ~_c Mail to: GAMBLING CONTROL BOARD Suite '300 South 1711 West County Road B Roseville, MN 55113 Date F- -/7-02- Date B-1' ----6l t:::.-. Gss 08/98 MINNESOTA DEPARTMENT OF REVENUE LAWFUL GAMBLING ACTIVITY G-I SCHEDULE F GAMBLING FUND RECONCILIATION Organization Name License Number Dead Broke Saddle Club 03800 Gamblina checkina account 1 End-of-month checking account balance from statements 2 Deposits made during the month not included in line 1 3 Add 1 i nes 1 and 2 . . . . . . . . . . . . . . . 4 Checks written during the month not included in line 1. 5 RECONCILED BANK BALANCE (line 3 minus line 4) .... Other funds not included in Checkina Balance 6 Starting banks for games . . 6a 10.000.00 Reimbursment after monthend. 6b 0.00 Monthend cash balance in starting banks. 6 Report Month/Year JULY 2002 1 47.012.36 2 5.425.00 3 52.437.36 4 21.461.19 5 30.976.17 10.000.00 7 Total ending inventory (G-1 line 21) ., 7 8 Deposit after month-end for Games in G-1 8 9 Total in Savings & Other funds. . . . 9 10 Excess shortages (G-l, 34) and prior reimbursement due for excess shortages 10 11 Fund Loss. (LG-250) . . . . 11a Refund Due (G-7430) . . . . lIb Open-Game prizes,by check . lIe Prizes bought, not awarded. lId Other additions . . . lIe 0.00 0.00 0.00 0.00 0.00 Tota 1 11 12 Add lines 6, 7, 8, 9, 10, 11 . . 13 Add lines 5 and 12 . . . . . . . Unpaid Obliaations and Open Ga.e Deposits 14 Tax from G-1 line 13 and any prior months taxes. . . . . . 15 Deposits for games still in play 14 15 4,565.28 0.00 0.00 0.00 0.00 3.23 0.00 16 Loaned amounts included in bank statement. 16 0.00 17 Product part of unpaid invoices. 17 18 18 Other subtractions. 0.00 0.00 19 Add Lines 14 through 18. GAMBLING FUNDS RECONCILIATION 20 GAMBLING FUND BALANCE (line 13 minus 19) . . . . . 21 PROFIT CARRY-OVER (from Form G-l line 44). . . . . 22 FUND BALANCE equals PROFIT CARRY-OVER, Difference. Signature ~ of Preoarer ' .....) \kw~ Gss 7/99 lDaf.e 'il \Uo1.. 12 13 14.565.28 45.541. 45 19 3.23 20 21 22 45,538.22 45.538.22 0.00 612/464-7225 The 19th Annual Conference presented by the Minnesota Association of Community Telecommunications Administratqrs (MA CTA) ot Submergel COfJVcj~e '-' October 10-11, 2002 Thunderbird Hotel, Bloomington, MN macta Minnesota State Chapter of NA TOA and an affiliate of the League of Minnesota Cities who shoulc:\ AHenc:\: X' Elected Officials X' Cable and Telecommunications Commissioners X' Cable and Telecommunications Managers X' City Managers X' City Attorneys X' Cable and Telecommunications Attorneys X' PEG Access Managers and Staff X' PEG Access Board Members X' Cable Operators D'ltes: Thursday, October 10 and Friday, October 11, 2002 Loc'ltion: Thunderbird Hotel, 2201 E 78th St, Bloomington, MN 55425. Phone: 952.854.3411; Fax: 952.854.1183 A block of rooms will be held until September 20 for MACTA conference participants. Special room rates are $83.00 plus tax for single or double occupancy. Reservations should be made directly with the hotel. Be sure to mention the MACTA conference wi aking your reservation. Continuing Ec:\uc'ltion Crec:\it: Get these questions answered--and more--at the conference: X' State Legislation - A new Governor, a n.e_w Legislature...is it time for us to become "pro-active" and take the lead in sponsoring legislation and amendments to Chapter 238? Who will carry our message to the new Legislature? X' Franchise Fees - Easy come, (but not so) easy go..:How is your city coping with lost revenues following the FCC CableModem decision? What are our options? Is there a judicial solution on the horizon? X' Serving Up a Tasty "Dish" - Thoughts and suggestions about the challenges presented by competing methods of telecommunications services...and diminishing competition from franchisees. Is there a monopoly on the horizon? We face these and many other critical issues in the immediate future. This year's conference is a MUST! Regish'ltion Fees: Members' Non-Members Postmarked by Sept 27 $275.00 $375.00 Postmarked after Sept 27 $325.00 $425.00 Register three or more people from the same organization on one check, and deduct $20 per person from the fees listed above. Registration fee includes educational sessions, handout materials, trade show with exhibitors, Thursday and Friday continental breakfasts and luncheons, Thursday reception, and refreshments. *Non-Minnesota NATOA members may regisfer at the MACTA member rate. *New member applications will qualify for member rates. Contact the MACTA Office for details and an application form. Payment may be made by check, or Purchase Order mailed to: MACTA, 1711 W. County Road B, Suite 300N, Roseville, MN 55113. FAX: 651.635.0307 Cancel/afion Policy: Registration fee less a $25 administrative charge may be refunded up to one week prior to the seminar. An 80% refund may be made up to 72 hours before the seminar. No refund for cancellation notice less than 72 hours. For Questions: Contact MACTAby phone 651.635.0306, byfax651.635.0307, by CLE credit has been requested from the Minnesota State Board of email oei@assocmgmt.org, or online atwww.mactamn.org. Continuing Legal Education. THURSDAY, OCTOBER 10, 2002 , 8:00 AM REGISTRATION, EXHIBITS & CONTINENTAL BREAKFAST 8:30 AM WELCOME AND INTRODUCTION ................ ................................................................................. Jeff Lueders, MACTAPresident 8:45 AM GENERAL SESSION Rough Waters or Smooth Sailing? Charting Our Telecommunications Course ................................................................ Moderator: Mike Reardon Panel: Cress Gackle, John Gibbs, Esq., JoAnn Hanson, Adrian Herbst, Esq., Edward "Ted" Jackson A panel of telecom experts grapples with what isns not happening with their respective industries, and where it is/is not headed. This session promises to jump-start the conference with a lively and engaging discussion as the panel debates competition, buyouts, financial pitfalls, and regulatory barriers. 10:15AM VENDOR EXHIBITS AND REFRESHMENT BREAK 10:45 AM CONCURRENT SESSIONS: 1. Navigating Local Regulatory Issues ................................ ................................. .......... Moderator: Alan Miller Panel: Brian Grogan, Esq., Stephen Guzzetta, Esq., Robert Vose, Esq. So many issues, so little time...Bfessed with some of the best legal minds in the nation, MACTA members are fortunate to be able to listen to, question, and bring back to your cities the conclusions of Brian Grogan, Steve Guzzetta, and Bob Vose as they cram into one session a concise discussion of areas such as FCC matters, limited area franchises and their effect on cities, competition, national legislative and legal efforts, and the like. Not only a must for administrators, but for city attorneys, commissioners, and government officials. 2. Production Planning & Performance ............................................ ............... Moderator/Speaker: Mark Moore Panel: Neil Murray, Paul Ryan Every successful producer knows the Five "P" Principle; Proper Planning Prevents Poor Performance. This session considers the importance of script writing, set preparation, determining technical needs, reviews interview do's and don'ts, and many other aspects during the "pre" part of a video production. .12:00 PM )I,NNOUNCEMENTS '." ,. ......... '," .,."~",..,,......... ..................... ...".. ............. ............ ................... ....... .,............. ........ ....Jeff Luedel Luncheon & Keynote Address: Keeping Our Heads Above Water......................... Moderator: Cor Wilson Speaker: NATOA President Denise Brady After an aU too brief respite, cable and telecommunications issues are heating up in Washington, DC. From the FCC to the halls' of Congress, local franchising and rights-of-way authority are again under attack, and NATOA is on the front lines of the battle. NATOA President Denise Brady will provide an overview of the many challenges we are facing and local government's response. 1: 15 PM CONCURRENT SESSIONS: 1. Broadband Network Management & Applications ............................................ Moderator: Cheryl Pasalic Panel: Mary Benner, Bruce Pibum, Tom Robinson Traditional I-Nets are being replaced by broadband and community networks with a wide variety of new and innovative applications. Some communities are also exploring the opportunity to interconnect networks and share resources, The panel will discuss these networks and present examples of these applications. . , 2. Political Blanket: Effective. Methodso~(:over!ng,EI~c::tiO!lS)ry..y....:.......hhh... Moderator: Jodie Miller '. . '.' .... Pallel'Joe{rClzier,Kyrsten Thompson, Mike Wassenaar With elections looming in the fall. this session.wm'~xam;ine,'and sh()wTe.al'<life;:'examRI.~~.;of..,how,_some Minnesota access centers caver local elections. Find out what works, what does notwork;what'types,of.Policies:are.neces~<3ry,:,'N.h9-shO~ld be included in a candidates forum, decide if Web streaming is right for you, how to cover. multiple polling and results:,ro,cati(},ns,: and;"rnLls;h, ~ore: 2:30 PM VENDOR EXHIBITS AND REFRESHMENT BREAK 2:45 PM GENERAL SESSION The 2003 Minnesota Legislature: A Periscope Peek at the Future .................... Moderator: Holly Hansen Panel: Ann Higgins, Mike Martin, Senator James Metzen, Wy Spano One-fourth~-maybe more--of the legislators in the 2003 legislative session will be new. Does anybody know what is going to happ~n? Particularly, does anybody know what will happen to MACTA issues? Perhaps not, but four of the most experienced people around the Minnesota Legislature will give it a shot. 4:00 PM Reception and Roundtables 4:30 PM Annual Meeting of MACTA Membership 6:00 PM Studio Tours & Dinner (Optional - sign up on registration form) A great opportunity to tour nearby PEG access facilities (BurnsvilJe/Eagan Community TV & Northern Dakota County TV), examine their capabilities and how they get the best use of equipment and personnel, plus sharing dinner and networking with access staff and other conference attendees. Mqil your registrq-tioll by Sep-tember 27 qlld sqve!!! 8:00 AM Roundtables by Topic Continental Breakfast and Exhibits I DAY, OCTOBER 11,2002 9:00 AM GENERAL SESSION What's the Forecast? What Can the Consumer Expect? ................................. Moderator: Wayne Schmidt Panel: Bill Hanley. Brian lambert. Will Outlaw As the world of telecommunications changes on a daily basis, what can consumers really expect in the way of services, programs, and products in their future? The panelists have their fingers on the pulse of consumers and have some interesting perspectives to share with attendees. 10:30AM VENDOR EXHIBITS AND REFRESHMENT BREAK 11 :OOAM CONCURRENT SESSIONS: 1. Batten Down the Hatches: Protecting Your Municipal Interests ..................... Moderator: Diann Kirby Panel: Michael Bradley. Esq.. Linda Gloor. Tom Grundhoefer Local governments have both financial and public interests in protecting "their" property. Learn from those who, in some cases, have literally been in the trenches in administering rfghts-of-way use, ensuring the proper placement of telecom equipment on public property, and the location of towers on both public and private land. 2. Production Equipment: From Council Chambers to Production Vans and Everything in Between .............................................................. Moderator: HeidiArnson Panel: Will Craig. Mark Hotchkiss. Jeffrey Volk Learn about the latest and greatest trends in production from the digital format debate to how to decide what equipment should go where. 12:15 PM Luncheon & Keynote Address: The FCC Perspective of Telecom and the Consumer.................................................................. Moderator: Jefflueders Speaker: K. Dane Snowden. Chief of Consumer & Government Affairs Bureau. FCC The FCC and local communities hear from consumers on a daily basis about telecommunications services and providers. In many cases, the local communities have been preempted from taking action on behalf of the consumer. This session will give attendees the opportunity to hear directly from the Chief of the Consumer and Government Affairs Bureau of the FCC about the ways in which they are working toward ensuring Consumers get the best service from telecom providers. 1 :45 PM ADJOURN **NOTE: Program and speakers are subject to change. ---------------------------------------------- MACTA Annuq/ Conference Please photocopy for additional registrations Octobe~ 10 - 11, 2002 , NAME: CITY/ORGANIZATION; ADDRESS :" CITY/STATE!ZJP: BUSINESS TELEPHONE: FAX: E-MAIL REGISTRATION FEE: MACTAMember? DYES D'NO FirstTimeAttendee? CheckHereD MACTA MEMBER OR NON-MN NATOA FEES: NON-MEMBER FEES: o Postmarked by September 27: $27500 0 Postmarked by September 27: $375.00 o Postmarked after September 27: $325,00 0 Postmarked after September 27: $425.00 Studio Tours & Dinner: $20.00 RSVP by 9/30/02 0 Studio Tours & Dinner: $20.00 RSVP by 9/30/02 LTIPLE REGISTRATION DISCOUNT: Register three or more people from the same organization in one payment, and you may deducl $20 per person from the fee. PAYMENT: MAIL TO: Amount $ o Check Enclosed D Purchase Order Number: MACTA. "1711 W. County Road B, Suite 300N, Roseville, MN 55113 FAX: 651.635.0307 SPEAKERS > ~ Heidi Arnson, MACTA Board, Executive Director, North Metro Telecommunications Commission, Blaine, MN Mary Benner, Computer Support Director, MN Dept of Labor & Industry, 'S~ paul,MN 'H"';~ " ''',.c,' MiChael BradleY,"''E,s'q., Creighton, Bradley & Guzzetta, LLC, Minneapolis, MN Denise Brady, NATOA President, Department of Telecom & Video Services, City of San Francisco, San Francisco, CA Will Craig, CTS-D, Multimedia Systems Consultant, Elert & Associates Technoiogy Consultants, Stillwater, MN Joe Frazier, Supervisor, GTN, White Bear Lake, MN Cress Gackle, Team Leader, New Market Development, Seren Innovations, Minneapolis, MN John Gibbs, Esq., Robins, Kapian, Miller & Ciresi, Minneapolis, MN Linda Gloor, Technical Services Coordinator, City of Burnsville, Burnsville, MN Brian Grogan, Esq., Moss & Barnett, PA, Minneapolis, MN Tom Grundhoefer, General Counsel, League of MN Cities, SI. Paui, MN Stephen Guzzetta, Esq., Creighton, Bradley & Guzzetta, LLC, Minneapolis, MN Bill Hanley, Executive Vice President of Content, Twin Cities Public Television, SI. Paul, MN Holly Hansen, MACTA Board, Cabie Communications Officer, City of SI. Paul, SI. Paul, MN JoAnn Hanson, Director - Regulatory, Owest Corp, Minneapolis, MN Adrian Herbst, Esq., Baller Herbst Law Group, PC, Minneapolis, MN Ann Higgins, IGR Rep, League of MN Cities, SI. Paul, MN Mark Hotchkiss, Program Manager, Burnsville/Eagan Community Television, MN Edward "Ted" Jackson, Managing Director, Senior Research Analyst, Technology,. US Bancorp Piper Jaffray, Minneapolis, MN Diann Kirby, Communications Administrator, City of Bloomington, Bloomington, MN Brian Lambert, Media Columnist, Pioneer Press, SI. Paul, MN Jeff Lueders, MACTA President, Cable Coordinator, City of Lakeville, Lakeville, MN Mike Martin, Executive Director, MN, Cable Communication Association, SI. Paul, MN Senator James Metzen, Minnesota State Senate, SI. Paul. MN Alan Miller, MACTA Board, Chair, Burnsville/Eagan Community Television, MN Jodie Miller, Executive Director, Northern Dakota County Cabie Commission, Inver Grove Heights, MN Mark Moore, Cable Coordinator, Appie Valley, Farmington & Rosemount Cable Commission, Appie Valley, MN Neil Murray, Television Performer/Producer, Golden Valley, MN Will Outlaw, Deputy Editor, startribune.com, Minneapolis, MN Cheryl Pasalic, Program Coordinator, City of SI. Paul, SI. Paui, MN Bruce Piburn, Major Account Manager, Cisco Systems, Inc., Bloomington, MN Mike Reardon, Communications Specialist, Cities of Burnsville and Eagan, MN Tom Robinson, Executive Vice President, CBG Communications, Inc., Malvem, PA Paul Ryan, President, PFR Productions, Burnsville/Eagan Community Television, MN Wayne Schmidt, MACTA Board, South Washington County Telecommunications. Commission, St. Paul Park, MN K. Dane Snowden, Bureau Chief, Consumer & Governmental Affairs Bureau FCC, Washington, DC Wy Spano, MACTA Lobbyist, Spano & Janecek, SI. Paul, MN Kyrsten Thompson, Production Supervisor, CTV 15, Roseville, MN Jeffrey VOlk, Integrated Systems Specialist, Alpha Video &Audio, Inc., Edina, MN Robert Vose, Esq., Kennedy & Graven Chartered, Minneapolis, MN Mike Wassenaar, Executive Director, SPNN, 51. Paul, MN Cor Wilson, Executive Director, North Suburban Cable Commission! CTV 15, Roseviil:'j\AN