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1999-01-13
r CITY COUNCIL MEETING AGENDA WEDNESDAY, JANUARY 13, 199' 6:00 p.m. 17 L i TO ORDER Roll Call . Oath Ofbffice C chard Travis Mari Nelson II PUBLIC HEARING (S) II. � EARANCES Centerville Elementary School Safety Issues Randy Hage - ling Awards �// Bob Makela &Nicholas Present Miller - Community Oriented Policing 4 'IV. CO SIDERATION OF MINUTES December 21, 1998 Council Meeting Minutes A . P YMENT OF CLAIMS 7 t The City of Centerville December 22 - 31 VL The City of Centerville January 1 - 13 Centennial Fire District Y‘. SET AGENDA A PETITIONS AND COMPLAINTS AIL UNFINISHED BUSINESS 1 1. Update on Main Street Flashing Crosswalk Lights - Helmbrecht Easement Compensation Update on Lessard Property Floodway Classification IX. NEW BUSINESS J 1 i City Project Update - Tom Peterson, City Engineer Consider Resolution 99 -01 Appointments Consider Resolution 99 -02 Fee Structure Special JJse Peit - Gerald Rehbein w6, p�,� ti ( . j7`C C OMMTTEE 5 ORTS f m MIMSTRATORSREPORT . P k CONSENT AGENDA 1 1. Resolution 99 -03 Responsible Authority 2. Renewal of Special Use Permits 3. Renewal of Dog Kennel License VXIII. ADJOURNMENT I L — — WEEK IN REVIEW Edition # 88 1/4 -1/8 Building Permits this Period = 3 Building Permits YTD = 3 New Homes YTD = 2 *********************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * The local water use in the community in 1998 was up 60% from the total usage in 1997. The water usage in 1998 was approximately 51,500,000 gallons. * The realtor that had listed the House of Chu for sale called City Hall and indicated that she and her husband will be purchasing the property. They intend to lease the building and the house. * We have ieceived the lease payinents for 1999 from both companies that have antennas on the watertower. * The second meeting of all individuals interested in the design team ideas is scheduled for January 12, 1999 at City Hall. * Steve Marcello (owner of Excel Air Systems in Maplewood, Centerville resident) called on Thursday and indicated that it looked like he would be unable to expand his operations in Maplewood due to lot size constraints. Mr. Marcello indicated that he would like to further pursue the Centerville Industrial Park. Mr. Marcella has contacted Marcel Ebensteiner who just purchased fifteen acres of vacant Industrial property. Mr. Marcello is interested in constructing a 10,000 to 12,000 square foot building. Mr. Marcello currently employs approximately 20 employees in commercial hvac installation and ductwork fabrication. 1 was in contact with Keith Ebensteiner today who confirmed that they were working with Mr. Marcella and are planning to bring in a plan for developing the property. Royal Oaks Realty also plans t� build in the Industrial Park. * Thank you to the volunteers who worked the first Community Skate Night (Theresa Brenner, g ( , Jill Lien and Aimee Fairbrother). This weeks skate night is canceled due to the expected sub -zero temperatures. The park and recreation committee set a policy that the warming house is to be closed when the temperature exceeds -10 degrees or the wind chill exceeds - 35degrees. * Go Vikes! BONESTR00 ROSENE ANDERLIK W 6516361311 01/08/99 13:07 5 :02/03 NO :631 Bonestroo a.y 'anew= it PRIM, *Weal,. end A et:Intl, Mt n an Afmmnewo A• crcne'Fgmv /Oppetttm,7y Ene+Myri B onestroo PrinVOIS' Otto G. Fnnettrnn. RF. • .Imayh C Anderl4R. PE • Marum 1 4 n waln . P.C.. R•hdd F. Ilene P.E. • Glenn k. Cook. Pf • knu'r,I 0. 5 'tutor cht. PE • Jetty A BoatIol. PF r tag Rosen Robert W. Ratan. P.E. and SUM M EhrrIn r P.A . Seniin U oron/i Acdtt d4: a A. SMfarn PE • M n •h A C Jun, PC.. Robes; N A. Hansen. PE Anderiik & M Richard thnl W. F,sirr Potter, L. • • David onfo Loil•oto. Kk a it .• t, at • Rnrn C RJ.M, A.I.A. A. • • MIUhIwI T. RRdtmann, PE. . • vi • fed KiwPo, OA. • Mont P Arden on PF • Mark A. R Rnlh, t. P.E. t. P.F. • Associates Sidney E WIIIIanSIbn. EE . LS • Palaver. Itul.nblh • Rine M Ping • MlrhWPI P Rau, RE. Alan Mat Sthmldt, PE. • Engineers & Architects Officer St. Paul. kothsver, Widmer and St. Claud. htal • Maw...Jw., W WrrittraclIEW ENGINEERING ISSUES • CITY OF CENTERVILLE November 15, 1998 to January 8, 1999 BRA File No. 616 -GEN pROJECTS IN CONSTRICTION LAMOTTE PARK • No new issues to report. • EAGLE PASS No new issues to report this week. • LAKELAND HILLS • Royal Oaks Realty has stated they want to put all remaining punch list items on hold until next year. • • THE WOODS OF CLEARWATER CREEK No new issues to report. • FROPT:TS IN AF,SIGN BUECHLER ESTATES 1 • • No new issues to report. • • SCHOOL CROSSING AHEAD — FLASHER SYSTEM ON CSAH 14 Work has begun an both flashers in Kelly's parking lot and at the Flelmbrecht property. Concrete bases will be poured the week of January 11, 1999. C<mtructor should finish and have lights operational by the end of January 1999, • • • • • • 2335 West Highway 36 • St. Paul, MN 55113 • 612-636 -4600 • Fax: 612-636.1311 1 BONESTR00 ROSENE ANDERLIK W 6516361311 01/08/99 13:07 f5i :03/03 NO:631 CENTER VILLA No new issues to report, UTILITY MAP UPDATING Revised/updated/corrected maps for sanitary sewer, water main, and storm sewer will be delivered to the City on January 13, 1999. LESSARD PROPERTY This site an the west side of 20 Avenue is being considered for a future Public Works Facility. We are currently investigating the effects the Clearwater Creek floodway has on this property and what can be done to minimize the width of the floodway in this area. Yl '&9/ Y kik a ut r•RC t 'Ii t /w ' 2' ' r xv ' � ti4�'r ,, 1 / /Y \Y !/ \@ f '� /Y \ \l !'$ 4l \ � We "YY C '\ ll \ l \ A F/ \ , Y \ \a +A ap a W'M1e f � Nµ f� tt \ d 4 \ r N • � � �\ Yw r4 T V AtnNYi +� • Y1 tU 40.0%.,46"14.4 v +tt%dN h J Wtyy tt rty +x / w �{? 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W a x w u �, 4; a , ) • ✓ @ t 4 /Y w8 ,* Sk y + b .0., ti 4+M e 5 /M °s y d t W� '�Y ^�' S c y w e -.a k/ ,, �:� 74.; w+ 4 v W�'M F kt ai ``. e . e ett " ` ✓fa.µ•'' // �.. � r ✓i nro h[�h / X!�� 'I'7FWtP�\`. n',y "�a �' y ;:z; 1: 5 to \ , a w:,, ^. 5 /4 4 -0t.a P V' F : ' : %�: . otta ` ' .,Z. \'✓affi' .5>�..?� kzlue4 u +�9,' u{ . tMV ^ .S.n \a^ f• , y\`'is MEMO DATE : January 7, 1999 TO : Honorable Mayor and Council FROM : Jim March RE : Appearances Randy Hagerty (Centerville Recycling Coordinator) will be in attendance to present recycling awards to two businesses in the community. Bob Makela and Nicholas Miller (CPLPD) will be in attendance to discuss with the City Council the philosophy behind community oriented policing. They plan to give a brief presentation. JANUARY 1, 1999 TO: CITY COUNCIL CITY OF CIRCLE PINES CITY COUNCIL CITY OF CENTERVILLE CITY COUNCIL CITY OF LINO LAKES FROM: MILO BENNETT SUBJECT: RATIFICATION OF EXPENDITURES AND APPROVAL FOR PAYMENT OF JANUARY PAYROLL AND EXPENSES. YOUR APPROVAL OF JANUARY PAYROLL AS LISTED ON THE ATTACHED COPIES OF THE CHECK REGISTER, CHECKS 11956 - 11957, IN THE AMOUNT OF $709.22, IS HEREBY REQUESTED. YOUR APPROVAL OF JANUARY EXPENSES AS LISTED ON THE ATTACHED COPY OF THE CHECK REGISTER, CHECKS 9879 - 9903, IN THE AMOUNT OF $9,918.03, IS HEREBY REQUESTED. MB/NW CC: 7 CIRCLE PINES CITY COUNCIL 7 CENTERVILLE CITY COUNCIL 7 LINO LAKES CITY COUNCIL 2 FILE 01/04/1999 @10:32AM CENTENNIAL FIRE DISTRICT PAGE 1 BANK CHECK REGISTER Checking account 01/01/99 TO 01/01/99 CHECK NO DATE TYPE PAID TO / DESCRIPTION CHECK AMOUNT 9,._ 01/01/99 AP -D MN STATE FIRE CHIEFS ASSOC 350.00 MFIRS #0 9880 01/01/99 RP -D AMOCO OIL COMPANY 103.91 498 433 534 1 9881 01/01/99 AP -D US WEST COMMUNICATIONS 54.93 612 E08 -6367 268 9882 01/01/99 AP -D US WEST COMMUNICATIONS 82.04 612 E08 -0791 033 9883 01/01/99 AP -D CONNEXUS ENERGY 93.27 395649 - 210057 9884 01/01/99 AP -D CAPITOL CITY MUTUAL AID ASSN 50.00 DUES 9885 01/01/99 AP -D US WEST COMMUNICATIONS 304.18 612 784-7472 351 9886 01/01/99 AP -D AT &T 19.21 016 345 5966 001 9 01/01/99 RP -D ALL SEASONS CHEM -DRY 166.14 8163 9888 01/01/99 RP -D MN STATE FIRE CHIEFS ASSOC 266.00 SUBSCRIPTION 9889 01/01/99 AP -D CIRCLE PINES UTILITIES 176.74 70038.00 9890 01/01/99 AP -D C.P. OFFICE PRODUCTS 156.10 2805 9891 01/01/99 AP -D FOOD -N -FUEL, INC. 8.07 5644055LB022 9892 01/01/99 AP -D ANOKA COUNTY /G.I.S.DEPT. 805.56 1672 9893 01/01/99 AP -D PAGING NETWORK OF MINNESOTA 52.17 064- A267977 9894 01/01/99 RP -D NATIONAL FIRE PROTECTION ASSOC 475.00 M000478510 9895 01/01/99 AP -D GRAINGER 343.83 217884, 219225 01/04/1990 010:32AM CENTENNIAL FIRE DISTRICT PAGE 2 BANK CHECK REGISTER Checking account 01/01/99 TO 01/01/99 C "C ^K NO DATE TYPE PAID TO / DESCRIPTION CHECK AMOUNT 9n�6 01/01/99 AP -D CHIEF SUPPLY CORPORATION 1,017.15 10196284,10196042 9897 01/01/99 AP -D LIGHTNING PRINTING 102.40 110749 9898 01/01/99 AP -D MOUNTAINSTAR GROUP INC 2.39 0071 9899 01/01/99 AP -C * * * VOID CHECK * * * 0.00 AT &T VOID -PRINT ERR 9900 01/01/99 AP -D AT &T 41.29 651- 784 -7472 3000 01/01/73 nP C 0.G0 EMERGENCY APPARATUC t1A}NT. VOiD PRINT ERR 9901 01/01/99 AP -D EMERGENCY APPARATUS MAINT. 895.01 13936, 13978, 14064 9902 01/01/99 AP -D F I RSTAR BANK 3,081.26 941 DEC 98 9903 01/01/99 AP -D MINNESOTA DEPT OF REVENUE 1,261.38 MW -5 DEC 98 TOTAL MANUAL CHECKS (M): 0.00 TOTAL COMPUTER CHECKS (C): 0.00 TOTAL DIRECT DISBURSEMENTS (D): 9,918.03 TOTAL CHECKS: 9,918.03 Jan 01, 1999 9:57 IA CENTENNIAL FIRE DISTRICT Page 1 PAYROLL COMPUTER CHECK REGISTER CHECK* EMP NLRl EMPLOYEE NAME DEPT SOC -SEC -MJM CHECKBOOK/ACCT GROSS PAY DEDUCTIONJS NET PAY 11 2360 MISCHKE, KATHY FIR 470 -86 -7273 399.50 38.96 360.54 11 2830 STARK, MARC FIR 368-78 - 2269 391.00 42.32 348.68 TOTALS $790.50 $81.28 $709.22 PAYROLL SUMMARY FICA Social Security FICA Medicare Federal Tax Withheld Withheld Employer Owed Withheld Employer Owed Advanced EIC Payments Made $8.00 $49.01 549.01 $11.46 $11.46 $.80 TOTAL TAX LIABILITY $128.94 • MEMO DATE : January 7, 1999 TO : Honorable Mayor and Council FROM : Jim March RE : Easement compensation for Helmbrecht's ************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** To be able to construct the flashing lights for the elementary school crosswalk, easements were required from the two property owners where the lights were to be located. Both property owners were aware that the easements were necessary for this project to proceed. Virginia Maher signed the easement for the Kelly's Korner property. Jerry and Mary Jo Helmbrecht have signed the easement for their property, but have requested compensation in the amount of $300 for the easement. They feel that the easement is larger than they anticipated and the flashing light may damage the resale and/or market value of their property. The Helmbrecht's signed the easement to allow construction to proceed on schedule and understand the issue was to be discussed at the Council meeting. MEMO DATE : January 8, 1999 TO : Honorable Mayor and Council FROM : Jim March RE : Lessard Property Floodway Update I spoke to Tom Peterson in regards to what would need to be done to shrink the floodway near the Joyce Greene property and the proposed kindergarten facility off of 20th Avenue. If the floodway area was reduced, this would allow the City to continue to pursue the purchase of the Lake Area Utility building for a potential public works facility /police sub - station. As we have previously discussed, the Lake Area Utility building is completely in the floodplain and a large portion is in the floodway. Our City ordinances require that a property owner can not split a lot with a building site in the floodway, if the site is not large enough to rebuild a building site on the same parcel out of the floodway. Tom Peterson has a map showing the floodway along the creek corridor in this location. 1 asked Mr. Peterson to look into the feasibility of asking for a letter of map amendment, with calculated related costs and steps that need to be taken to accomplish this task. Mr. Peterson is planning to bring this information to the meeting. City Project Update - Tom Peterson, City Engineer Tom will bring materials to the meeting. s STATE OF MINNESOTA CITY OF CENTERVILLE RESOLUTION 99 -01 1999 APPOINTMENTS WHEREAS, the City Council of the City of Centerville met on January 13, .1999, at City Hall; and, WHEREAS, the City Council of the City of Centerville discussed appointments for the 1999 year; THE CITY OF CENTERVILLE HEREBY RESOLVES, the following persons are hereby appointed to the named positions; 1. Acting Mayor - 4(. c)r'' 2. Animal Control - Otter Lake Animal Care Center 3. Assessor - Anoka County 4. Auditor - Abdo, Abdo and Eick, Inc. 5. A. Cable TV Representative B. Alternate A. - (�'y B. - t 6. Centerville Centennial Fire District Steering Committee Members _ -'(ow 7. Circle Pines/Lexington Police Liaison - - (p ty v.) 8. City Attorney - Boma, Guzy & Steffen, Ltd. 9. Celebration Committee Representative - 10. City Engineer - Bonestroo, Rosene, Anderlik & Associates 11. City Forester - DNR - Art Widerstrom 12. Centerville Economic Development Task Force - Tim Rehbein - Paul Montain - John Magill - Mary Capra 13. Centerville Economic Development Liaison - D /v/Cs 14. Drainage Ordinance Committee - Staff 15. Drug Testing - HNSA 16. Emergency Services Directors (Civil Defense) - Milo Bennett - Paul Palzer • • - Joel Heckman 17. Fire Marshall - Milo Bennett 18. Fire Protection - Centennial Fire District 19. Housing and Redevelopment Authority (HRA) - Anoka County HRA - 20. Health Officer - trancri. 21. Intergovernmental Relations Representative - Tom Wilharber 22. Municipal Financial Advisor - Ehlers and Associates 23. Official Depository - Firstar State Bank -Hugo and Twin City 24. Federal Savings and Loan - I, 4M and 4M+ Funds, S ith Barney 25. Official Newspaper - Press Publications 26. Park and Recreation Committee Dale Larson Michael Navin Steve Brown Doug Porter ! ) Donald Bahneman `a 27. Park and Recreation Committee Liaison - "(IA 28. Planning and Zoning Commission Kathy Welk Allen LaMotte Linda Broussard - Vickers - John Buckbee Brian Hanson . m ' 29. Planning and Zoning Commission Liaison - a 30. Police Protection - Circle - Lexington Police Department 31. Recycling Coordinator - Randy Hagerty 32. Responsible Authority - Jim March 33. Rice Creek Watershed District Representative - ' 34. Senior Transportation Representative - Staff 35. Solid Waste Representative - Randy Hagerty 36. Weed Inspector - Tom Wilharber n1 J — du t Passed by the City Council of the City of Centerville this 13th day of January, 1999. Mayor Tom Wilharber ATTEST: Ry -Chel Gaustad, CMC City Clerk . STATE OF MINNESOTA CITY OF CENTERVILLE RESOLUTION 98 -01 1998 APPOINTMENTS WHEREAS, the City Council of the City of Centerville met on January 14, 1998, at City Hall; and, WHEREAS, the City Council of the City of Centerville discussed appointments for the 1998 year; THE CITY OF CENTERVILLE HEREBY RESOLVES, the following persons are hereby appointed to the named positions; 1. Acting Mayor - Mary Jo Helmbrecht 2. Animal Control - Otter Lake Animal Care Center 3. Assessor - Anoka County 4. Auditor - Abdo, Abdo and Eick, Inc. 5. A. Cable TV Representative B. Alternate A. - Sanna Buckbee B. - Ry -Chet Gaustad 6. Centerville Centennial Fire District Steering Committee Members - Tom Wilharber - Sanna Buckbee 7. Circle Pines/Lexington Police Liaison - Tom Wilharber 8. City Attorney - Barna, Guzy & Steffen, Ltd. 9. Celebration Committee Representative - Mary Jo Helmbrecht 10. City Engineer - Bonestroo, Rosene, Anderlik & Associates 11. City Forester - DNR - Art Widerstrom - Laura Powers 12. Centerville Economic Development Task Force - Tim Rehbein Dan Tourville Paul Montain - John Magill - Mary Capra 13. Centerville Economic Development Liaison - Theresa Brenner 14. Drainage Ordinance Committee - Staff 15. Drug Testing - HNSA 16. Emergency Services Directors (Civil Defense) Milo Bennett Paul Palzer Joel Heckman 17. Fire Marshall - Milo Bennett 18. Fire Protection - Centennial Fire District 19. Housing and Redevelopment Authority (HRA) - Anoka County HRA - Theresa Brenner 20. Health Officer - Laura Powers 21. Intergovernmental Relations Representative - Tom Wilharber 22. Municipal Financial Advisor - Ehlers and Associates 23. Official Depository - Firstar State Bank -Hugo and Twin City 24. Federal Savings and Loan - Maplewood, 4M and 4M+ Funds, Smith Barney 25. Official Newspaper - Press Publications 26. Park and Recreation Committee Dale Larson Michael Navin Steve Brown - Doug Porter *Donald Bahneman 27. Park and Recreation Committee Liaison - Laura Powers 28. Planning and Zoning Commission Kathy Welk - Allen LaMotte - Linda Broussard - Vickers - John Buckbee *Brian Hanson 29- Planning and Zoning Commission Liaison - Mary Jo Helmbrecht 30. Police Protection - Circle- Lexington Police Department 31. Recycling Coordinator - Randy Hagerty 32. Responsible Authority - Jim March 33. Rice Creek Watershed District Representative - Sanna Buckbee 34. Senior Transportation Representative - Staff 35. Solid Waste Representative - Staff 36. Weed Inspector - Tom Wilharber Passed by the City Council of the City of Centerville this 14th day of January, 1998. Mayor Tom Wilharber ATTEST: 7? _ Air / Ry -C: - 1 Gaustad, CMC City Clerk *Amended August 12, 1998 *Amended September 10, 1998 *Amended August 27, 1998 _ Press Publications Eugene D. Johnson, Publisher 4779 Bloom Ave., White Bear Lake, MN 55110 • 651- 407 -1200 • FAX 651- 429 -1242 • E -Mail: presspub @minn.net December 1, 1998 Ry Chel Gaustad, City Clerk City of Centerville 1880 Main Street Centerville, MN 55038 Dear Ms. Gaustad: The Ouad Community Press wishes to be considered as your designated official newspaper for 1999. We meet all the legal publication requirements under state statutes. Our circulation is audited by Verified Audit Circulation, an independent firm. (See enclosure.) We offer submittal of legal notices by mail, fax at 429 -1242, or computer disk, zip disk or formatted for Mac. The rate is $5.50 a column inch, in 7 -point type, at 9 -lines per inch. We welcome the opportunity to serve your community. Please let me know if you have any questions or concerns. Sincerely, , // JJ e, (J; m4. Sue Westphal Legal Notice Coordinator Your Best Source For Community Information White Bear Press • Vadnais Heights Press • St. Croix Valley Press • Quad Community Press • Shoreview Press • Forest Lake Press Newspaper Publisher's Statement 1998 Y VERIFIED AUDIT CIRCULATION Audit Period NEWSPAPER ANNUAL AUDIT REPORT July 1, 1997 - June 30, 1998 PUBLICATION PUBLISHING COMPANY QUAD COMMUNITY PRESS PRESS PUBLICATIONS FOREST LAKE PRESS 4779 BLOOM AVENUE EDITION OF THE QUAD COMMUNITY PRESS WHITE BEAR LAKE, MN 55110 (612) 407 -1200 WEEKLY CIRCULATION: TWELVE MONTH AVERAGE FREE CIRCULATION QUAD PRESS: TUESDAY FOREST LAKE PRESS: WEDNESDAY CARRIER 4,693 509 MAIL - 325 12,907 OVER THE COUNTER 25 66 TARGET 341 179 TOTAL FREE 5,384 13,661 PAID CIRCULATION ■ CARRIER 2,019 250 MAIL 54 16 RACKS & CONCESSIONS 50 TOTAL PAID Z123 266 TOTAL QUALIFIED CIRCULATION 7,507 13,927 • AVERAGE PRESS RUN 7,678 14,047 • PRESS RUN AS OF 06/27/97 7,785 14,251 QUALIFIED CIRCULATION HISTORY 3 MONTHS ENDING JUNE, 1998 7,569 14,098 3 MONTHS ENDING MARCH, 1998 7,535 14,005 3 MONTHS ENDING DECEMBER, 1997 7,526 13,862 3 MONTHS ENDING SEPTEMBER, 1997 7,415 13,771 12 MONTHS ENDING JUNE, 1997 7,435 13,652 12 MONTHS ENDING JUNE, 1996 7,698 Basic Price: $0.50 per copy, $18.00/$25.00 per year by carrier /mail. PUBUSHED IN THE QUAD COMMUNITY PRESS, NOVEMBER 17, 1998. RESOLUTION 98 -02 APPROVING FEE SCHEDULE FOR 1998 THE CITY OF CENTERVILLE RESOLVES: Section 1. The following fees for indicated sales, permits and licenses are approved: TITLF FF,F Administrative Fees 100.00 per unit/lot Antenna Permit Application Fee 1,250.00 Assessment Search 20.00 Bingo Permit 15.00 Building Permits See Exhibit "A" Cigarette License 20.00 Charitable Gambling: Investigative Fee 50.00 Permit Fee 20.00 Commercial Rubbish Collection License Fee 250.00 (Exclusive to Commercial and Industrial Businesses) Damage Deposit 200.00 Dance Permit 100.00 Dog License 12.00 Replacement Tag - 2.00 Filing Fees 2.00 Fill Permit See Exhibit "B" Final Plat Fee - Filing 200,00 1 i __ f Kennel Permit Fee 25.00 Liquor Licenses: 3.2 Beer Permit - Special Events 35.00 plus $5.00 for each add'! day Off -Sale Liquor 100.00 Off -Sale Non - Intoxication Liquor 20.00 On -Sale Liquor See Exhibit "C" On -Sale Non - Intoxication Liquor 250.00 Sunday Liquor License 200.00 Wine License 300.00 Lot Split 175.00 plus legal fees Mailbox Group Stand Fee 25.00 per unit Maps and Charts 5.00 Mileage Rate 0.31 per mile Mining/Grading Permits See Exhibit "B" Park Dedication Fees - per dwelling unit Land Dedication 750.00 Trail Dedication 150.00 (waived if developer installs trails and walkways per City Council) Park Ball Field Use - Per Tournament 200.00 Permit Surcharge See Exhibit "D" Photo Copies 0.25 per page (one side) Plumbing Permits See Exhibit "E" Preliminary Plat Fee - Filing 200.00 PUD Application Fee 200.00 Research Charge 20.00 half hour minimum charge 30.00 for each hour thereafter Rezoning Requests 250.00 plus additional expenses Residential Equivalent Unit 1,750.00 2 • 0 Availability Charge (SAC) Sewer Utility Billing (Quarterly) 39.00 per unity /10% late fee Senior Discount 33.00 per unit/10% late fee Site Maintenance Deposit 225.00 Special Use Permit 75.00 plus legal & engineering fees Transient Sales See Exhibit "F" Variance Request 175.00 Water Hook Up 1,300.00 Water Meter Deposit See Exhibit "G" Water Meter/MIU 276.00 Water Utility Billing See Exhibit "G" • Wild and Exotic Animal Permit Fee 25.00 Section 2. these fees shall become effective on approval by the City Council of the City of Centerville. ADOPTED BY THE CITY COUNCIL OF CENTERVILLE ON JANUARY 14, 1998. (Z'` Mayor Tom Wilharber ATTEST: A Ry -C el Gaustad, CMC City Clerk 3 Dale Larson felt we were done with this issue. He stated we have explored /examined the issue, and it is out of our hands now. Doug Porter stated there was one written request for the City to install a foot bridge from Joe Ulrich of 7055 Cottonwood Court. Mr. Porter felt the City should respond to Mr. Ulrich, explaining that there will be no action taken at this time. Buechler Estates - The council decided to accept $25,000.00 for park dedication fees, which equals $5,000.00 per lot. Lot Fee Adjustment for Park Dedication - Doug Porter researched the surrounding communities by calling four different cities. His last call was to the City of Lakeville, which is just finishing a survey of the metro area. After being faxed a copy of the survey, Mr. Porter felt there was a general consensus of a flat rate based on the type of dwelling. He felt the $900.00 the City of Centerville is collecting is similar to surrounding communities, if not a little low. He suggested a formal proposal from Park and Recreation to modify the fee resolution. Jim March stated that currently we are collecting $900.00 per lot. Breaking it down to $750.00 in park dedication fees, and $150.00 in trail dedication, or, as mentioned we still have the ability to take 10% of the land. Michael Navin felt the language in the ordinance needs to be changed, suggesting taking off the "or" 10% whichever is greater. There was discussion as to what dollar amount the Park and Recreation Committee should recommend if the current fees were changed. It was mentioned again the possibility of striking the 10% value language, or possibly going with a set fee or a sliding fee based on the type of dwelling. Dale Larson suggested starting with a flat fee, then working from there. Jim March suggested a high cap of $5,000.00 and a low cap of $1,200.00, using 10% of the value. He also mentioned the caps could be adjusted yearly. He suggested splitting the $1,200.00 into $1,000.00 for park dedication fees and $200.00 for trailways. Dale Larson questioned why we have to be locked into dividing the $1,200.00 into park dedication fees and trailways. We should be able to charge the $1,200.00 and then determine at a later time how it gets divided. Dedication to reflect an increase from the $900.00 we are currently collecting to $1200.00 for park dedication and trails. Also, to change the language adding a cap of $5,000 per lot. Motion seconded by Steve Brown. All in favor. 2 EXHIBIT A BUILDING PERMIT FEES TOTAL VALUATION FEE $1.00 to $500.00 $22.00 $501.00 to $2,000.00 $22.00 for the first $500.00 plus $2.75 for each additional $100.00 or fraction thereof, to and including $2,000.00. $2,001.00 to $25,00:0.00 $63.00 for the first $2,000.00 plus $12.50 for each additional $1,000.00 or fraction thereof, to and including $25,000.00. $25,001.00 to $50,000.00 $352.00 for the first $25,000.00 plus $9.00 for each additional $1,000.00 or fraction thereof, to and including $50,000.00. $50,001.00 to $100,000.00 $580.00 for the first $50,000.00 plus $6.25 for each additional $1,000.00 or fraction thereof, to and including $50,000.00. $100,001.00 to $500,000.00 $895.00 for the first $100,000.00 plus $5.00 for each additional $1,000.00 or fraction thereof. $500,000.00 to $1,000,000.00 $2,855.00 for the first $500,000.00 plus $4.25 for each additional $1,000.00 or fraction thereof, to and including $1,000,000.00. $1,000,000.00 and up $4,955.00 for the first $1,000,000.00 plus $2.75 for each additional $1,000.00 or fraction thereof. Other Inspections and Fees: 1. Inspections outside of normal business hours.... $42.00 per hour* (minimum charge - two hours). 4 • gXHIBIT A CONTINUTATION • 2. Reinspection fees assessed under provision of Section 303 (g) $42.00 per hours* 3. Inspections for which no fee is specifically assigned (minimum charge of 1/2 hour) $42.00 per hour 4. Additional plan review required by changes, additions or revision of plans $42.00 per hour (minimum charge of 1/2 hour) 5. For use of outside consultant's for plan checking and inspections or, both actual cost Charge a flat fee for the building permit plan review of $50.00 for finishing the basement of an existing occupied dwelling by the homeowner. 5 • EXHIBIT B LANDFILL, GRADING & EXCAVATING PERMIT FEES GRADING FEES General. Fees shall be assessed in accordance with the provisions of this section or shall be as set forth in the fee schedule adopted by the jurisdiction. Plan Review Fees. When a plan or other data are required to be submitted, a plan review fee shall be paid at the time of submitting plans and specifications for review. Said plan review fee shall be set forth in Table A33 -A. Separate plan review fees shall apply to retaining walls or major drainage structures as required elsewhere in this code. For excavation and fill on th= same site the fee shall be based on the volume of excavation or fill, whichever is greater. Grading Permit Fees. A fee for each grading permit shall be paid to the building official as set forth in Table A33 -B. Separate permits and fees shall apply to retaining walls or major drainage structures as required elsewhere in this code. There shall be no separate charge for standard terrace drains and similar facilities. TABLE A33 -A GRADING PLAN REVIEW FEES 50 cubic yards (38.2 m3) or less No Fee 51 to 100 cubic yards (40 m3 to 76.5 m3) $15.00 101 to 1,000 cubic yards (77.2 m3 to 764.6 m3) $22.50 1,001 to 10,000 cubic yards (765.3 m3 to 7645.5 m3) $30.00 10,001 to 100,000 cubic yards (7646.3 m3 to 76455 m3) - $30.00 for the first 10,000 cubic yards (7643.5 m3), plus $9.00 for each additional 20,000 cubic yards or fraction thereof. 100,001 to 200,000 cubic yards (76456 m3 to 152911 m3) - $165.00 for the first 100,000 cubic yards, plus $9.00 for each additional 10,000 cubic yards or fraction thereof. 200,001 cubic yards or more - $255.00 for the first 200,000 cubic yards, plus $4.50 for each additional 10,000 cubic yards or fraction thereof. Other Fees: . Additional plan review required by changes, additions or revisions to approved plans $30.00 (minimum charge of one -half hour/ per hour* *Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved. 6 EXHIBIT B CONTINUTATION GRADING PERMIT FEES* 50 cubic yards (38.2 m3) or less $15.00 51 to 100 cubic yards (40 m3 to 76.5 m3) $22.50 101 to 1,000 cubic yards (77.2 m3 to 764.6 m3) - $22.50 for the first 100 cubic yards plus $10.50 for each additional 100 cubic yards for fraction thereof. 1,001 to 10,000 cubic yards (765.3 m3 to 7645.5 m3) - $117.00 for the first 1,000 cubic yards plus $9.00 for each additional 1,000 cubic yards or fraction thereof. 10,001 to 100,000 cubic yards (7646.3 m3 to 76455 m3) - 5198.00 for the first 10,000 cubic yards (7645.5 m3), plus $40.50 for each additional 10,000 cubic yards or fraction thereof. 100,001 cubic yards or more (76456 m3) - $562.50 for the first 100,000 cubic yards, plus $22.50 for each additional 10,000 cubic yards or fraction thereof. Other Inspections and Fees: 1. Inspections outside of normal business hours $30.00 (minimum charge - two hours) * *per hour 2. Reinspection fees assess under provisions of Section 108.8 $30.00 * *per hour 3. Inspections for which no fee is specifically indicated (minimum charge - one -half hour) $30.00 **per hour * The fee for a grading permit authorizing additional work to that under a valid permit shall be the difference between the fee paid for the original permit and the fee shown for the entire project. ** Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved. 7 . - Fee Structure • EXHIBIT C ON -SALE LIQUOR LICENSE FEES Based on square footage: 0.60 per sq ft for interior 0.30 per sq ft for exterior Minimum: $2,500.00 Maximum: $4,000.00 5 EXHIBIT D PERMIT SURCHARGE Subdivision 1. Computation. To defray the costs of administering sections 16B.59 to 16B.73, a surcharge in imposed on all permits issued by municipalities in connection with the construction of or addition of alteration to buildings and equipment or appurtenances after June 30, 1971, as follows: If the fee for the permit issued is fixed in amount the surcharge is equivalent to one -half mill (.0005) of the fee or 50 cents, whichever amount is greater. For all other permits, the surcharge is as follows: (1) if the valuation of the structure, addition, or alteration is $1,000,000 or less, the surcharge is equivalent to one -half mill (.0005) of the valuation of the structure, addition, or alteration; (2) if the valuation is greater than $1;000,000, the surcharge is $500 plus two - fifths mill (.0004) of the value between $1,000,000 and $2,000,000; (3) if the valuation is greater than $2,000,000 the surcharge is $900 plus three - tenths mill (.0003) of the value between $2,000,000 and $3,000,000; (4) if the valuation is greater than $3,000,000 the surcharge is $1,200 plus one -fifth mill (.0002) of the value between $3,000,000 and $4,000,000; (5) if the valuation is greater than $4,000,000 the surcharge is $1,400 plus one -tenth mill (.0001) of the value between $4,000,000 and $5,000,000; and (6) if the valuation exceeds $5,000,000, the surcharge is $1,500 plus one - twentieth mill (.00005) of the value that exceeds $5,000,000. 9 • EXHIBIT E PLUMBING AND HEATING PERMITS 1. Plumbing Permits A. The charge shall be Five Dollars ($5.00) for each plumbing fixture, device or connection to the sewer or plumbing system, with a minimum charge of Fifteen Dollars ($15.00) B. For any alteration, repair or extension to an existing plumbing system, where the work is of such a nature that the permit fee charge cannot be determined from the above schedule, the permit fee shall be Thirty Dollars ($30.00) first Five - hundred ($500.00) or fraction thereof, plus Fifteen Dollars ($15.00) for each additional Five - hundred Dollars ($500.00) or fraction thereof of the total market value of such alteration, repair or extension. 2. Mechanical Permits The charge for a residential dwelling h. .- w-, D. , . 00 f. the followi - Main Gas line piping - Gas Dryer - Furnace - Gas Stove - Air conditioner - General Sheet Metal - Boiler - Duct work - Air Exchanger - Miscellaneous Mechanical Fixtures - Fireplace - Pool Heater - Unit heater A minimum charge of twenty dollars ($20.00) for fireplaces. The charge for commercial, industrial or institutional building shall be: Two percent (2 %) of the total cost of labor and materials of the heating, ventilation and air conditioning work to be completed. Work commenced without first obtaining a permit shall be charged an investigative fee equal to permit fees. • 10 EXHIBIT F TRANSIENT SALES A. The following fees for Transient Sales - Conditional Use Permits are: Application Form $ 5.00 Transient Sales License Base Fee $75.00 B. The following fees are additional time period fees: Per day $10.00 Per week $30.00 Per month $60.00 Per year $150.00 C. The following fees are to be deducted from the Conditional Use Permit fee if granted: Cost of Application Foi»i $ 5.00 D. These fees shall become effective on approval by the City Council of this resolution. 11 • 411. EXHIBIT G • WATER UTILITY BILLING Water Permit Fees Service / Connection $55.00 Tapping Main $50.00 Disconnection Requests $20.00 Inspections (All) $20.00 Set Charges Testing Up to 2" Meters $25.00 Up to 3" Meters $30.00 Up to 4" Meters $35.00 Up to 6" Meters $40.00 Violation Penalties -- Shut-off $25.00 Water Meter Deposit 5/8" Meter $276.00 Special and other sizes Cost Phis Handling (These Rates are Subject to Tax) Unit Connection Charges Residential $2,800.00 Non Pet REC $2,800.00 Water Usaae Rates Billed Quarterly $15.00 $1.5o / 1000 gallons Minimum Per Quarter $15.00 Penalty/Late Payment 10% • 12 • CENTERVTLLE RECREATION DEPARTMENT PARK FACILTIX USAGE FEES RESIDENTS, NON- PROFIT ORGANIZATIONS Security Deposit $100.00 * Concession Facility Fee $25.00 ** Field Rental Fee waived. Lighting Fee N/A Key Fee $20.00 $15.00 refunded when key is returned NON- RESIDENTS Security Deposit $100.00 * Concession Facility Fee $150.00 per tournament Field Rental Fee $100.00 per field Lighting Fee N/A Key Fee $20.00 $15.00 refunded when key is returned * If fields and facilities are left in good condition and if all trash is picked up, the security deposit will be refunded. If these conditions are not met, repairs and or cleanup costs will be deducted from the security deposit. The security deposit must be submitted with the application. * * Per event or per season for youth leagues. 13 RESOLUTION 98 -03 APPOINTING A RESPONSIBLE AUTHORITY AND ASSIGNING DUTIES WHEREAS, Minnesota Statutes, Section 13.02, Subdivision 16, as amended, requires the City of Centerville appoint one person as the Responsible Authority to administer the requirements for collection, storage, use and dissemination of data on individuals, within the City, and WHEREAS, the City of Centerville City Council shares concern expressed by the legislature on the responsible use of all City data and wishes to satisfy this concern by appointing an administratively qualified Responsible Authority as required under the statute. BE IT RESOLVED, the City Council of the City of Centerville appoints Jim March as the Responsible Authority for the purposes of meeting all requirements of Minnesota Statutes, Chapter 13, as amended, and with rules as lawfully promulgated by the Commission of Administration as published in Chapter 105 of the Minnesota Code of Agency Rules. FURTHER, BE IT RESOLVED, the Responsible Authority shall require the requesting party to pay the actual cost of making, certifying and compiling copies and of preparing summary data. ADOPTED BY CENTERVILLE CITY COUNCIL ON THIS 14 DAY OF JANUARY, 1998. Tom Wilharber, Mayor Ry -Chet Gaustad, CMC City Clerk 2000 PERMIT FEES city ot centervi Ile TOTAL PERMIT PLAN CHECK STATE _VALUATION Ea EEE SURCHARGE $500.00 z $23.50 . . - : $15.28 $0.50 $600.00 $26.55 $17.26 $0.50 $700,00 $29,60 $1924 P 150 $800.00 $32.65 $21.22 $0.50 :*.$900,00 63530 $2321 $0,50 :.-- - $1,000.00 $38.75 $25.19 $0.50 ... $1,100.00 $4110 $27:17 $0.55 $1,200.00 $44.85 $29.15 $0.60 . .: - --...:..::: :::: $47..90 $3t14 $015 $1,400.00 $50.95 $33.12 $0.70 $11500.00 $5410 $3510 $0.7'5 $1,600.00 $57.05 $37.08 $0.80 $1 $60,10 $39.07 $0.85 $1,800.00 $63.15 $41.05 $0.90 $66.20 $4343 $2,000.00 $69.25 $45.01 $1.00 $3 : ' - - : . - :$83.25 - • ' : : . : : : : • $54.111 - -. . . . . : : - - - - - - $1.50' $4,000.00 $86.30 $56.10 $2.00 -, - - -- . . ...$100.30 . . . : -. -:_ ::: : :$6520 - - - -___ .... - - - $2.50 - $6,000.00 $114.30 $74.30 $3.00 $7,000.00 $128.30 $83.40 $3,50 $8,000.00 $142.30 $92.50 $4.00 $9,000.00 $156.30 $101.60 ::: : .. $450 . $10,000.00 $170.30 $110.70 $5.00 $11,000.00 . . : - - -. - . - $18420 $119.80 $5.50 $12,000.00 $198.30 $128.90 $6.00 $13,000.00 $21230 • •: • ' . - ' :$138.00 .. , - ' - • • $6.50 $14,000.00 $226.30 $147.10 $7.00 $15,000 00 $240.30 : .. - - - $156.20 : . :. $7.50 $16,000.00 $254.30 $165.30 $8.00 $17,000.00 .• - $268.30 - :1174.40 • ' $8.50 $18,000.00 $282.30 $183.50 $9.00 $19,000.00 - - , --$296.30 - . .. : $19260 - . - - $950 $20,000.00 $310.30 $201.70 $10.00 $21;000.00 $32430 $210.80 $10.50 $22,000.00 $338.30 $219.90 $11.00 $23,000;00 4352,30 $229 00 41130 $24,000.00 $366.30 $238.10 $12.00 $25,100.00 $380.30 ......... $24720.:::: $12.50 ... . $26,000.00 $401.35 $ 260.88 $ 13.00 $27,000;00 4415,35 $269:98 $13:50 $28,000.00 $429.35 $279.08 $14.00 $29;100,00 $44135..._...... $288.18...._ $14:50 $30,000.00 $457.35 $297.28 $15.00 $31000;00 $471.35 $306.33 $15.50 $32,000.00 $485.35 $315.48 $16.00 $33,000.00 4499:35 $324.58 $16.50 $34,000.00 $513.35 $333.68 $17.00 $35,000.00 4527 $342'78 417.50 $36,000.00 $541.35 $351.88 $18.00 $37,00000 $555,35 $360.98 $18:50 ......... $38,000.00 $569.35 $370.08 $19.00 $39,000.00 $583.35 4379.18 419:50 $40,000.00 $597.35 $388.28 $20.00 $41,00000........ $61'1.35 ...._ $39738......_. $20 $42,00000 .._ $625.35 $40648 $21.00 443,00.0.00 $639.35. 4415 $21.50 $44,000.00 $653.35 $424.68 $22.00 $45,000.00 $66735 5433.78 $22:50 $46,000.00 $681.35 $442.88 $23.00 $47!000.00 $695.35 $451.98 42330 _ $48,000.00 $709.35 $461.08 $24.00 $49,000.00:::::.: $723:35. $47018::::::: $24:50 $50,000.00 $737.35 $479.28 $25.00 $51,000.00 $650.75 442299 $25.50 $52,000.00 $657.75 $427.54 $26.00 $53.000,00 466415 4432.09 426.50 $54,000.00 $671.75 $436.64 $27.00 455 ,000.00 >.. $678.75 444119::::::: 42730 $56,000.00 $685.75 $445.74 $28.00 $57,000.00 4692.75 $450.29 $28.50 $58,000.00 $699.75 $454.84 $29.00 *59,000.00 4706:75 4459.39 i 429.501 $60,000.00 $713.75 $463.94 $30.00 $61,000.00 4720.75 $468.49 430.50" .' $62,000.00 $727.75 $473.04 $31.00 1 $63 $734.75 $477.59 $31-.50 $64,000.00 $741.75 $482.14 $32.00 $85 $748i75 $488 89 - - - - 13Z50 - $66,000.00 $755.75 $491.24 $33.00 . -$67000.00 8762:75 149579 $33.50 $68,000.00 $769.75 $500.34 $34.00 $69,000.00 $776.75 . - $495.79 .. _ : $34.50 $70,000.00 $769.75 $500.34 $35.00 $71,000.00 177175 $504;89 135,50- - - $72,000.00 $783.75 $509.44 $36.00 $73,000.00 ...„ .... .$780.75 . . ; _ - $51.3.09. $36.50 $74,000.00 $797.75 $518.54 $37.00 $75M)0.00 $804i75 $523:09 - • $37.50 $76,000.00 $811.75 $527.64 $38.00 .$77000,00 $818.75 $532 19 $38 50 $78,000.00 $825.75 $536.74 $39.00 $79;000,00 $832.75 $541.29 139.50 $80,000.00 $839.75 $545.84 $40.00 • $81,000.00 $84815 1550,39 140.50 $82,000.00 $853.75 $554.94 $41.00 $83 3880.75 355949 $41.50 $84,000.00 $867.75 $564.04 $42.00 $85,000.00 $874.75 $568.59 342.50 $86,000.00 $881.75 $573.14 $43.00 $87,000.00 $888.75 9577.69 143.50 - $88,000.00 $895.75 $582.24 $44.00 $89i000.00 - $90215 9588.79 . - - -$44.5o $90,000.00 $909.75 $591.34 $45.00 $91 . .. $915.75 .. - $59589 145.50 $92,000.00 $923.75 $600.44 $46.00 $93,000.00 , $930.75 $604.99 - $46.50 194,000.00 $937.75 $609.54 $47.00 $95,000.00 $944.75 $614.09 147.50 $96,000.00 $951.75 $618.64 $48.00 $97,000.00 $958.75 3623.19 148.50 $98,000.00 $965.75 $627.74 $49.00 $91000.00 • $97275 . --- $63229 $4150 • $100,000.00 $979.75 $636.84 $50.00 1101,000.00 - $986.75 - $641.39 - $50.50 $102,000.00 $993.75 3645.94 $51.00 $103,000.00 $1,000.75 .. -$650,49 - - $51.50 $104,000.00 $1,007.75 $655.04 $52.00 $105,000X0 $52,60 ..,.., 5108,000.00 $1,021.75 $664.14 553.00 . .$107,120.060 .. $1402835 $668,69.,„........ ... ::: ............. „„ $108,000.00 $1,035.75 $673.24 $54.00 $1 H:EHE .... ................ ........... ---- ...................... - 161719 11111 : 11 : ..... 1 : 1 ...... 11:11 ..... 111$545011111::: $110,000.00 $1,049.75 $682.34 $55.00 411U00,,00 $1056:75 $686,89 555.50..,...::: $112,000.00 51,063.75 $691.44 $56.00 $113,000M01 ,,,,,,,,,, , ,,,,,,,,,,, .... ,• ............... ------- $56;50: $114,000.00 $1,077.75 $700.54 $57.00 $145,00040:::::::::::::::::::::::::::::::$1:,08415 1705,10 ....... :„.,,,,,:„:::„„„::::::::$57Z0,,,„ 5116,000.00 51,091.75 $709.64 558.00 s117m0040 ...... ...............„.......n09815 $714,19 ---- $584V;;: $118,000.00 $1,105.75 $718.74 $59.00 5119;0010D::::::::::::::::::::::::::::::$141215 $72329 ...... " ........... "$5950 "--- 5120,000.00 51,119.75 5727.84 560.00 .ii$121 MONK) $1;12615 ............. -----$732,39 $600.......... 5122,000.00 $1,133.75 $736.94 $61.00 ::$123,130(00 $114035:: 5124,000.00 $1,147.75 $746.04 $62.00 11$1251010 $1115415 1150159 5126,000.00 51,161.75 $755.14 563.00 ::$1214000,00 ..... ::„:::.::::::::::::::::::$1:1681SE;;;:::::::;;;;;:;;; ... .... ........ .......................... - -........-- $6150:::::::: 5128,000.00 51,175.75 5764.24 584.00 :1$129,00001:::::::;::;;;:::;,::::::;:$1482:75 ............ :$766:79 $64 5130,000.00 51,189.75 $773.34 565.00 $1,196 75 .... i ......... ..... ............................... .... ....................... 5132,000.00 51,203.75 $782.44 $66.00 3i23p00m0 ::::::.:::„„„:::„::::::::$1 ... $786,99 ...... :2:i!i:::g:::::HN:$66;50 5124.00000 $1,217.75 $791.54 $67.00 s.13, H ,• ii .. ...... .. ... .. .. :.:::$1 ............ .. 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Historically, the license is approved, contingent upon an annual payment of $25.00. MEMORANDUM TO : Mayor and Council FROM: Ry -Chel Gaustad, CMC City Clerk DATE: January 7, 1998 RE: Renewal of Special Use Permits 1998 Issued Special Use Permits Performance Auto - 7137 21st Avenue Terminal Transport - _S_ - - : : - "p 'yr'wf AL-It Corner Express (Kenco) - 1990 Main Street Eagle Trucking - 7087 20th Avenue Casanova, Inc - 7129 20th Avenue North Arcade Concrete (Asphalt) - 7055 21st Avenue Noble Welding & Manufacturing - 7075 21st Avenue MCUCellcom Cellular - Radio Tower ADL - 7095 21st Avenue Northern Forest Product - 2050 Main Street CITY OF CENTERVILLE ANOKA COUNTY, MINNESOTA NOTICE OF PUBLIC HEARING SPECIAL USE PERMIT NOTICE IS HEREBY GIVEN that a public hearing will be held before the Planning and Zoning Commission of the City of Centerville at City Hall, 1880 Main Street. The said meeting will take place on Tuesday, January 5, 1998 at 7:00 p.m. or shortly thereafter. The purpose of the hearing will be to hear all parties present regarding the consideration of granting a special use permit to Rehbein Properties, LLC for a Kindergarten Center along 20th Avenue, south of 7087 20th Avenue; legal description 23- 31 -22 -14 -0055 (Clearwater Meadows Outlot C). Written comments will be accepted until 4:00 p.m on January 5, 1998. City Hall is ADA accessible. However, if you need special accommodations please make requests by phone or fax at (651) 429 -8629. All interested person are invited to attend and to be heard. You may call City Hall at 429 -3232 if you have any questions or if you need additional information. December 15, 1998 /s/ Ry -Chel Gaustad, CMC City Clerk abcdefghij klmnopgrstuvwxyz Published in the Quad Press December 23, 1998 g' 1, I_ f 2 4/ = Proposed Area x_ 111 II I I I • 2 I I li o f id 1 Ili r r t�t4tervitCe 1 .� 1880 Main Street • Centerville, 9tIN 55038 Established 1857 (612) 429 -3232 • Fax (612) 429 -8629 RESOLUTION 99 -03 APPOINTING A RESPONSIBLE AUTHORITY AND ASSIGNING DUTIES WHEREAS, Minnesota Statutes, Section 13.02, Subdivision 16, as amended, requires the City of Centerville appoint one person as the Responsible Authority to administer the requirements for collection, storage, use and dissemination of data on individuals, within the City, and WHEREAS, the City of Centerville City Council shares concern expressed by the legislature on the responsible use of all City data and wishes to satisfy this concern by appointing an administratively qualified Responsible Authority as required under the statute. BE IT RESOLVED, the City Council of the City of Centerville appoints Jim March as the Responsible Authority for the purposes of meeting all requirements of Minnesota Statutes, Chapter 13, as amended, and with rules as lawfully promulgated by the Commission of Administration as published in Chapter 105 of the Minnesota Code of Agency Rules. FURTHER, BE IT RESOLVED, the Responsible Authority shall require the requesting party to pay the actual cost of making, certifying and compiling copies and of preparing summary data. ADOPTED BY CENTERVILLE CITY COUNCIL ON THIS 13 DAY OF JANUARY, 1999. Tom Wilharber, Mayor ATTEST: Ry -Chel Gaustad, CMC City Clerk 3 N00 " E . ______' / / / / / // - 1 ; _:1011..} y -� ` y \ . 1 ♦ \ ~ - • ��'� • I` 1:111• _$ - -/ / ) `. . • '� ��' \� ? Ji • - -_ 11 _ 1 __ 1 _-_ __ // 1 \N)- Y � .,. � /` � , / 7 1• N J ti .m.' _ _ 1- o ft ti c, n I / / j { d �' i II T i - R'° .c a . m _.r \ \ \ ..� - ^ � / ! 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' • r2t:rtrc o+ no ar vz ,c,,..,_ c O W (E{.VATON Y 09I I K a 1 I 3 ci o< _ y y — t • -- 1 A E - O H EL it t- ' -1 V O PAZ` SL 6' Jo" PAK ft. 4 i'-O' 5 P/6-r E.- :p' & • C�� ❑ I ❑ P ❑ ❑ - J I 0 ewano11 Yp "r� -C... ' , pi 1 7 I El • • — — I — — -- Der — `— —�Q Q— i O �\ 16 S f,.EIUn,t4 V wRi p'•1 rat G- v•P•o 1 SCALE: 11 I ATSAR PROJECT NO. 98064 1/8" = 1'—O" 10/22/98 Armstron ad.naue v..wY n r e, s br eR PRELIMINARY EXTERIOR ELEVATIONS' Skcei and Pandas � K wm. ^° ra:p " l ii Sl299 CENTERVILLE KINDERGARTEN CENTER I ' �`� �n4""' I , x M%I.5 1667 6 wffn APPRO\1Fn CITY OF CENTERVILLE PLANNING AND ZONING COMMISSION MEETING DECEMBER 1, 1998 Pursuant to due call and notice thereof, the Planning and Zoning Commission of the City of Centerville held its regularly scheduled meeting at City Hall, 1880 Main Street. PRESENT: Chairwoman Kathy Welk Commission Members: Linda Broussard Vickers John Buckbee Brian Hanson ABSENT: Al LaMotte STAFF /CONSULTANTS: Jim March RyChel Gaustad ***************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** OPENING Roll Call PUBLIC HEARING (S) Mr. Nepper gave an overview of a varience request for the east property line of 7289 Mill Road, located south west of the intersection of Peltier Lake Drive and Mill Road. Furthermore, the varience is to implement a 25' front yard set back, rather than the required 35'. The Commission discussed the surrounding property setbacks which ranged from 37' to 59' and clarified the varience request complied with the four criteria layed out in the ordinance. The Commission noted the special hardship circumstance the corner lot featured; creek side, front yard and front side yard. In addition, the south properties structures are set back from the curb line and the proposed parcel will be set back from the ROW. Mr. Nepper did not foresee vehicles in the driveway to obstruct the vision of traveling vehicles because the Peltier Lake Drive and Mill Road intersection is controlled by a stop sign and a dead -end street. Mi Buckbee motioned to close the public hearine Mc Broussard Vickers seconded the motion Motion carried unanimously, ACTION ITEMS Varience Req •(Robert Nepoerl Mr. Buckbee moved to recommend to the City Council approval of the minimal set back • '• • ,n /'••n •- ' -• -• a•. • •n • •i•• • - 1 '. _ •.• - 1 .• it -- 1 - 5 - •1 - • . - '•s • • 1 • •'1.t • • 4 • 1' 1' four variance criteria Ms Broussard- Vickers seconded the motion Motion carried unanimously. CONSIDERATION OF MINUTES U_•. •1 .••, i • • • .•• • • •• Li. .•• l- • ••I.• ••• ••.•! ¢ ..• -• . • - , - . • - • ' e l . • • : e s • 1 . 1 • u " 1.4 .. - ,4econded by Kath • - . u • • • • •i - • • . Ii 1 s DISCUSSION ITEMS Consider Amendment to Ordinance #4 - Outhuildings (Saxton) THE COMMISSION DISCUSSED THE 34.06 -1 AMOUNT OF YARD O CCUPIED AND 34.06 -2 AMOUNT OF YARD OCCUPIED The Conunission considered the Saxton request and elected to leave the ordinance in its current condition. Consider Amendment to Ordinance #5 - Discharge of Firearms The Commission discussed the difference between Centerville and Circle Pines discharge of firearms ordinance. In particular, the wording of the Centerville ordinance "... a device which ejects "a" projectile upon or onto...." and changing to multi - projectile. The Commission requested staff supply the following: 1. A police officer to be present at the next meeting. 2. A list of City and Police complaints 3. Lino Lakes Discharge of Firearms Ordinance. 4. State laws on the distance between shooters and residential homes. Consider Cat Ordinance and Complaint 1 ettrr The Commission requested staff provide a copy of the existing Animal Ordinance for the January meeting. ADJOURNMENT u :11 1 1 11 1' 1 f. / 1 co 1' ' . 1 1 1• . 1 1 1 1 '_ 1I . 1. : 1. 1 Ranson seconded the motion All in favor. The December I, 1988 Planning and Zoning Meeting was adjourned at 8:30 p.m. Respectfully Submitted, Ry-Chel Gaustad, CMC City Clerk - APPROVER CITY OF CENTERVILLE PARK AND RECREATION COMMITTEE December 2, 1998 Pursuant to do call and notice thereof, the Park and Recreation Committee of the City of Centerville held their regularly scheduled meeting on December 2, 1998 at City Hall, 1880 Main Street. Chairperson Michael Navin called the meeting to order at 6:35 p.m. Present: Chairperson Michael Navin Dale Larson Don Bahneman Doug Porter Steve Brown arrived at 7:00 p.m. Staff: Jim March Jill Lien CONSIDERATION OF MINUTES November 4 _1998 - Motion by Doug Porter to approve the November Minutes. Don Bahneman seconded the motion. All in favor. APPEARANCES PETITIONS AND COMPLAINTS UNFINISHED BUSINESS Clearwater Meadows Foot Bridge - Michael Navin referred us to page 52, figure 11 in the comprehensive plan. He confirmed that there was no mention of a foot bridge in the plan, it only mentions a proposed trail. The comprehensive plan states Park and Recreations goals are to establish a system (nothing specific) in the comprehensive plan. Mr. Navin asked Jim March what the next step would be. Mr. March stated that the comp plan is merely a guide, and that nothing in it is concrete. He stated that if we install a foot bridge, that three- wheelers will be using/crossing on the foot bridge. He questioned if there will even be funds available to construct a foot bridge. He estimated it will probably cost around $20,000.00 to install a nice bridge. He also mentioned that many of the residents are against installing a bridge. Dale Larson felt we were done with this issue. He stated we have explored /examined the issue, and it is out of our hands now. Doug Porter stated there was one written request for the City to install a foot bridge from Joe Ulrich of 7055 Cottonwood Court. Mr. Porter felt the City should respond to Mr. 1 Ulrich, explaining that there will be no action taken at this time. Buechler Estates - The council decided to accept $25,000.00 for park dedication fees, which equals $5,000.00 per lot. • - 4 11's . i t :,•' , • _ — Doug Porter researched the surrounding communities by calling four different cities. His last call was to the City of Lakeville, which is just finishing a survey of the metro area. After being faxed a copy of the survey, Mr. Porter felt there was a general consensus of a flat rate based on the type of dwelling. He felt the $900.00 the City of Centerville is collecting is similar to surrounding communities, if not a little low. He suggested a formal proposal from Park and Recreation to modify the fee resolution. Jim March stated that currently we are collecting $900.00 per lot. Breaking it down to $750.00 in park dedication fees, and $150.00 in trail dedication, or, as mentioned we still have the ability to take 10% of the land. Michael Navin felt the language in the ordinance needs to be changed, suggesting taking off the "or" 10% whichever is greater. There was discussion as to what dollar amount the Park and Recreation Committee should recommend if the current fees were changed. It was mentioned again the possibility of striking the 10% value language, or possibly going with a set fee or a sliding fee based on the type of dwelling. Dale Larson suggested starting with a flat fee, then working from there. Jim March suggested a high cap of $5,000.00 and a low cap of $1,200.00, using 10% of the value. He also mentioned the caps could be adjusted yearly. He suggested splitting the $1,200.00 into $1,000.00 for park dedication fees and $200.00 for trailways. Dale Larson questioned why we have to be locked into dividing the $1,200.00 into park dedication fees and trailways. We should be able to charge the $1,200.00 and then determine at a later time how it gets divided. Motion by Doug Porter to change Article 2 - Design Standards, and 21.02 - Land Dedication to reflect an increase from the $900.00 we are currently collecting to $1200.00 for park dedication and trails. Also, to change the language adding a cap of $5,000 per lot. Motion seconded by Steve Brown. All in favor. 2 Forcemain an4Possible Trajl. - Mr. March stated that Metropolitan Council is replacing the forcemain. He suggested that they "sub -cut" so the City can construct a trail when the land is developed, assuming they would be all right with the City doing this to the easement. It was a general consensus that Park and Recreation would support the future development of a possible trail. Ice Rink Upda e - Steve Brown mentioned that he has three attendants committed to working at the ice rink. He thought it would be best to have no more than five attendants working the rink this year. If we have more than five, it would mean the attendants would not get very many hours, which may not be enough for them. He is having a meeting next week at the warming house to go over things with the attendants. Mr. Brown questioned a first aid kit at the warming house - since there isn't one there. Steve wanted to discuss in more detail a "Family Fun Night." The committee chose to have the Family Fun Night on Sundays from 4:00 - 6:00 p.m. starting in January. Don Bahneman volunteered to work on obtaining a stereo /receiver and speakers for the warming house and outdoors. It was asked who would be maintaining concessions. Jim March offered we could call Mary Capra and see if the Boy Scouts would be willing to commit to running the concession stand and putting on the Family Fun Night. Jill Lien mentioned we could advertise the Family Fun Night on the sign in front of City Hall. Jill brought 12 keys to the meeting, one was issued to each member except Dale Larson who chose not to have one. Steve Brown will issue the remaining keys to the attendants, as well as keep track of what keys are issued to whom. Each attendant is required to give a $20.00 deposit. We elected to take $ 10.00 from each of their first two paychecks. NEW BUSINESS Jim March spoke of several grants offered by the Department of Natural Resources that he felt the City should apply for One specifically is the Outdoor Recreation Grant Program - he felt this would be great for park development. Another was a fishing pier with an amount of up to $20,000.00. He mentioned the first meeting is on December 14th., at the Wargo Nature Center. It was mentioned that the City needs to name the parks in Eagle Pass and Acorn Creek. Doug Porter questioned how the EDC post design team visit went and if Wayne LeBlanc had any further input. Jim March spoke of the post design team visit. He stated is was a great success and that EDC had a very large turnout. Doug Porter questioned the trees in Eagle Pass and if they could be relocated. 3 Jim March stated that the council gave us permission to relocate some of the trees. Al LaMotte said he is willing to help move the trees at $70.00 per hour. Steve Brown suggested moving some of the trees to the park. Jim March mentioned a new tree grant that the City was awarded from the NSP Tree Trust called the Power of Working Together. It is a grant of $5,000.00 which covers 80 trees. The trees will be offered to the residents in the spring of 1999 on a first come first serve basis. Joe Goetz from Goetz Landscaping will order the trees and will offer classes on tree planting and maintenance. Mr. Goetz would also like to be the City Forester - he brings a lot of experience to the City. Mr. March mentioned that the Lions Club will be addressing the council regarding building a shelter at one of the parks. They will donate this shelter for use at the Fete des Lacs celebration. The Lions are currently paying $2,000.00 for two days of tent rental. DISCUSSION ITEMS ADJOURNMENT Motion by Dale Larson to adjourn, seconded by Michael Navin. All in favor. Meeting adjourned at 8:05 p.m. Respectfully Submitted, Jill Lien Secretary 4 JPN 07 '99 14:43 612 755 -0230 PNORP CO.PPRUS DEPT F.2.3 �i NOTICE Pis of c f • Public information Meeting for Input on Development Plans for Rice Creek Chain of Lakes Regional Park Reserve TIME: 7:00 p.m. - 9:00 p.m, Wednesday, January 20, 1999 PLACE: Wargo Nature Center 7701 Main Street County Highway 14 Lino Lakes, Minnesota The Anoka County Parks and Recreation Department is in the process of developing a revised master plan for Rice Creek Chain of Lakes Regional Park Reserve. The park last had development In the 1980's. issues of aging facilities, recreation needs, and natural resource management are all being addressed. Anoka County has received a grant of $1,644,000 from the Metropolitan Council for improvements to this 2,550 acre park reserve. The new plan is examining all important planning issues, natural resources management, and preparing a new layout concept for facilities. In addition, the county is currently in the early planning stage for the redesign of perk roads, picnic areas, swimming facilities, campground amenities, and trail development. This work is scheduled for construction beginning in the fall of 1999. The County Is Interested in carefully listening to your ideas, concerns, and suggestions regarding the redesign of the park, and the types and location of facilites within the park. The County's Planning Consultant, Brauer and Associates, will facif>tate discussions, present planning issues and findings to date, and assist with any questions you may have. A second public meeting will be held In the spring to review concept plans for the park. A map showing the meeting location is enclosed on the back. Please feel free to Invite your neighbors. Should you have any questions regarding this project feei free to call Ron Cox, Park Planner, with the Anoka County Parks and Recreation Department at 767 -2865. CRAFTER 7 Chart V Principal Rules Governing Motions Motions —These are a formal method of bringing business before the council and for stating proposi- tions on which the council will have to make a decision. The list contains the more common motions. Motions can be made only by the councilmembers, clerk or mayor. Requires a second — Motions which have a "yes" after them in this column must be seconded by a councilmember before they can be considered. The maker of a motion may not second his or her own motion. By seconding a motion, a person does not necessarily indicate that he or she is in favor of it. Can interrupt a speaker— Motions which have a "yes" in this column can be made at any time during a council meeting. They may be made even while another person has the floor and is speaking. Debatable —A "yes" in this column means that the council can discuss the merits of the motion. A "no" means that no discussion is allowed, and that the motion must be voted on as soon as it is made and seconded. Amendable— Motions with an affirmative mark in this column can be changed by amendment. Motions with a "no" in this column must be voted on in the same form as the motion was originally made. Vote required to pass —This tells whether the motion requires a simple or a two- thirds majority for passage. Can be reconsidered —This indicates whether or not a motion that was once passed or defeated by the council can be considered again later in the meeting. Requires Can Interrupt Vote Required Can Be Motions a Second a Speaker Debatable Amendable to Pass Reconsidered I. PRIVILEGED MOTIONS' 1. To adjourn' Yes No No No Majority No 2. To recess (to take a recess)' Yes No No Yes Majority No 3. To ask for a question of privilege' No Ye s No No No Votes • — II. SUBSIDIARY MOTIONS° 4. To postpone temporarily Yes No No No Majority No (lay on the table)' 5. To postpone to a definite time Yes No Yes Yes' Majority Yes 6. To postpone indefinitely' Yes No Yes No Majority Only a positive votei 7. To vote immediately on the question Yes No No No 2/3 No (previous question) 8. To place a limitation on debate" Yes No No Yes 2/3 Yes 9. To refer the motion to a committee Yes No Yes Yes Majority Yes 10. To amend a motion, ordinance or Yes No Yes Yes Majority Yes resolution 11. To substitute one motion, ordinance Yes No Yes Yes Majority Yes or resolution for another III. MAIN MOTIONS 12. Any general motion, resolution, or Yes No Yes Yes Majorityi Yes ordinance 13. To reconsider a motion already Yes Yes Yes No Majority No passed or defeated's 14. To consider an action previously Yes No No No Majority No postponed temporarily or laid on table (to remove from the table) 15. To appeal or challenge a ruling by Yes Yes Yes No Majority Yes presiding officer" 179 • • HANDBOOK FOR MINNESOTA CRIES Footnotes to Table of Motions: 'Privileged motions are motions that are so important that they are given special consideration. These motions can be made at any time, even if another motion is being considered at the time, and they must be settled or voted on immediately. 2 To adjourn means to end the meeting for that day. 3 To take a recess means to stop the meeting for a short time. °This kind of motion refers to matters of personal concern that may be brought up by one of the councilmembers. Examples are the following: to ask for order or less noise among people at the meeting; to request a restatement of the motion; to ask the chair to have the windows opened or the heat turned up, etc. 'Questions of personal privilege are not voted on but are settled by the presiding officer who is ex- pected to honor the request of the member, unless it is dilatory in intent; i.e., unless the request is made for the purpose of deliberately interfering with the council's work. °Subsidiary motions either change or dispose of a main motion. Their name derives from the fact that they are subsidiary to the main motion and, therefore, can be made only when the council is consider- ing a main motion. 'See the discussion on the motion "to postpone indefinitely." "The motion to recess may be amended only as to the time or duration of the recess. 'The motion to postpone may be amended by changing the time to which the motion is postponed, but it may not be amended to postpone it to an indefinite time. 1 °See the discussion on the motion "previous question." "This motion restricts the length of time for discussion of a question. 12 An ordinance must receive an affirmative vote of a majority of the whole council; Let, at least thre members of the council must vote in favor of an ordinance before it becomes law: A majority of those voting on the issue is all that is required to pass an ordinary motion or resolution. 13 See the discussion on "reconsideration." "See the discussion on "role of the presiding officer." "The motion to vote immediately on a motion can be reconsidered only if it was passed when first considered. See also the discussion of reconsideration. 180 SEP -02 -1990 12 :50 LEAGUE OF MN CITIES N.bbile �MC a research memo for city officials 140a.3 August 1996 Official Conflict of Interest Revised by: Theresia Perry, Research Specialist League of Minnesota Cities ; League of Minnesota Cities SEP -02 -1998 12 46 LEAGUE CF hN CITIES P.02'12 9 . Did you know? peter Tri li”. a Counting the votes on council actions t . y . M . � Moat of the time on most matters, a quorum be present and that a majority Abolishing a planning age city council acts by majority vote. But, of the quorum vote in favor. (A.G. Op. w a cotmcfi i . can create a plannin . as seems oaten to be the case is law 471 -m Oct. 30, 1996, LMC 41581. cy tnmission or planning department and government, even a seemingly See also Jensen v. h dependen Con• i mp l e o df nenc e, ft req uire s a tan " simple concept kite this can gat aurpris School DisGict No 85,' 160 gum n 233, a s t v to abolish it. CM 4 ` inggy complicated and confusing. Some- 199 NW 911 1924), Thus, if everyone times statutes or charter provisions k present and voting, it takes three subd. 1 . ) i ' require an extraordinary majority, such affirmative votes to pass a motion or as four- Afths require a ttnStous or two- tbirdds; hi other resolution in cities with fve- member Cap llisitl o ri OT dispOSal of real ital improvements and rases the statutes , councils. or four Votes 1l fi there are aCtl ^ . vote. s even members. `4 Keeping track of how many votes Charter cities must look to their own ProPer are required for various kinds of actions charters to determine what votes are If the city has a comprehensive plan, can be confining enough. But what if required for ordinances and the planning agency must review any there is a vacancy on the council? Or if resolutions. proposed capital improvements or dk• one or more of the members is absent? posal of real property by the city. The Or If one of more of the members council can dispense with that review if. present chooses not to vote? Or if one St requiring a finds by a two- thirds vote that the' or more of the members ;s disqualified extraordinary votes proposed action has no relation to the from voting because of a conflict of comprehensive plan. (M.S. 462.356, interests This amide will address these Several statutes require more tha subd. 2.) topics to try to sort these issues out simple tn*jority to take certain kind of for city officials. action, Some of these statutes are listed below. Except where noted, Official interest in contracts use staff cities. both to statutory Generaly, a council member may ` How many votes are not have a financial interest in a city , needed? contract However, the statutes allow The place to start is with the simple zoning ortlinanees certain exceptions to this rule. These' case, where the entire council is prey exceptions are permitted only with' ent and all of them vote. Abstentions, Passing or amending a soning ordi- unaaitnous approval by the council. disgualificitions, absences, and ratan, nance requires a two-tlilrds majority of (M.S. 471.88.) This probably means; I cies present farther issues which w91 all members of the council. This means that the interested party should vote i lam be addressed later. fo votes on a Ave- member connc8, on the contract if the interested party To pass an ordinance in a statutory or five votes on a seven- member coup- is present; this is apparently an nap- city takes a majority vote of an men- (M.S. 482.357, subd. 2.) A Counall don to the general rule that a person bens of the counal M.S. 412.191, may ado, pt an inte zoning ordinance should not vote on a matter in which' 4). Most statutory cities have by a unapt. major vote, however. that person is personally interested. five - member councils, so this means (A.G. Op. 63 -b-14, Oct. 6, 1982, LMC One alternative might be to leave the 1 that three votes are normally Deeded 600e -) room during the vote. T: to pass an ordinance. It a statutory f cities with a seven - member council, it 8t16iVe plans LDCaI improvements takes four votes to pass a normal P Ordinance, Adopting or amending a comprehen- Unless the owners of at least 35 To pass a motion or resolution in a sive plan also requires a two - thirds percent of the property to be assessed ; statutory city normally requires that a vote. ('M.S. 462.355, subd. 3.) have petitioned for a proposed i t 20 Minnesota Cities g ! SEP -02 -1998 12:47 LEAGIE OF hN CITIES P. 03/12 f ( . 0 ve i t revaires a four -fifths the actual text of the summary requites two-thirds or feu - vote is needed { H,ent, or the council to order an only a simple ' le majority, to approve a conditional use perc te which will be paid for by (A.G. Op. 477 -b-34, Mar. 20, 1973. MS. 429.031, lark boards LMC 600 But while it's legaS9 spH�l1.) assessments. ( Any park improvement which possible, this kind of provison is gen- A statutory city can create a park orally not advisable. (The "Did you specially assessed also mares board by ordinance. But once it exists, know?" coltmm in the July, 1961 issue afour- fifths vote, regazdless of it takes a unanimous vote Of the entire &cusses the problems this hand of ghit th ere has bean a petition. mum to abolish it. (M.S. 412.601.) provision can create.) ad.S. 429.031. subd, 2.) This means (lints though fast atkspdHg the Plan auto or votes on a five - member council, fo�n of government auto- or six votes on a seven-member abolishes s park �) Special problems ins w ooed. The park board must consist of counting votes 'j" These statutes apply to arty city three, eve, Seven, or nine members. M iri i under y assessing fora local mare T change the size of a etatutory city Vacancies ;t: meat di M.S. C 429. Charter park requites a two -thirds vote. es can also adopt their own assess- na.e. 412.501.) A vacancy temporarily reduces the rent procedures, which could Involve size of the coundl. While there is a deferent vote requirements. Street vacation "entire mi a five- member council, the "entire councT' consists of four mem- It Charter amendments Unless there has been a petition h For any partict action that Generally, a proposed charter from a myority of the almttmg laud- regmres approval by a spud portion 3 amendment must be fret be sabmitted owners. it takes oaf fifths vote t° of the co tlocu then, the required pro- to the charter commission. However, vacate a street in a statutory city p of votes required is applied to m a city of under 10,000 populatbn, (M.S. 412.851.) Port* the temporarily smaller number. (State the council by ordinance passed by a ex vet Peterson v. Hoppe. 194 Man four -fifths vote of a8 its members can H o s pital boards 186. 260 NW 215 (1935). See also put proposed amendments to the vot- Abolishing a hospital board requires A.G. Ors. 63•b -14, Oct. 6, 1982; 161- era without fire submitting them to the a vote of "aS Ave members" of a A -20, July 3, 1974; end 63-b-14, ran. 9 i charter commission. (M.S. 410.12, statutory city council. (M.S. 412.221, 14, 1970.) subd. 6.) sabd. 16.) It's not clear how many An example might make this more Under certain circumstances, the votes would be required in a statutory dear. It takes a two - thirds vote of au council can amend the charter by ordi- city with a seven - member inland. m embers of the muncil to amend a .w,. Hance. This ordinance must be passed eosin ordinance. With a seven -mem- - by affirmative vote of all members of other actions ber council, this means five votes. (213 - the counc8. (M.S. 41012, subd. 7.) x 7 at 4.67, so the law require at 3 • A city cannot !Welds in an ordhumce least foe votes.) But if there is a a provision that requires an extraordi- vacancy, there are oalY six members; Summary publication of nay malty or a unanimous vote to the required vote is two - thirds of six. ordinances amend or repeal that ordinance. (A.G. or tour. is Statutory cities may publish a sum- Op. 477 -a, Feb. 5, 1971, LMC 335A.) Apparently, if there were two vacan- may wary rather than publishing the entire However, the city can spay in the des on a five- member council, amend - city text of the ordinance. It takes a four- ordinance that an ex affirmative votes. Bu take �y llow fifths vote of the council to use the ity is required to rase summary publication option. (M.S. under the ordinance. For example, a three affirmative votes to vacate a wit' 412.191, subd. 4.) However, approving zoning ordinance might specify that a street if there hasn't been a petition. nal. tans . . vote cePi rsort MUNICIPAL ORDINANCE ; CODIFIERS, INC, PAVEMENT MANAGEMENT the PAVEMENT STRENGTH EVALUATIONS CONDITION SURVEYS Farcluelvely for Minnesota Governmental Units DESIGN RECOMMENDATIONS • Ordinance Codification f01' • c • c ode U Revision CITIES AND AIRPORTS . ode Update Ssrviw 35 • Counsel Admitted to Minneeon Bar ;set sv �eanun1 costs Grand Lemon. P.E.. sed 7400 Lyndale Avenue South. Minneapolis. MN 55429 wiOr114aarri O'. Eueen• Sok. rtaeert cantilever. PI, Phone (612) 6660409 1404 Ceneordis Avenue. at Paul MN 551o4 (512)6aa•295a tee Pearly 1990 21 SEP -02 -1998 12 LEAGLE IF *I CITIES P.04'12 S . 412.191, subd. 1.) with a five member council and to Iu important to review t se the the � erefor atlect the num- vacancies. If two numbers are absent I o u t re q ui re at the state sp 1 h three 4 out the required vote. For example, if ber that constitutes a quorum as well. from a meeting, the remaining there is a vacancy on a five - member (A.G. Op. 63•a•11, Jan. 4, 1966, LMC constitute two one vote motto `- i statutory city council, the remaining 415b1.) In statutory cities, this ususli sufficient to pass any ordinary contrast, y m l five _` ,. four members by unammoua vote could won't make a difference unless there a membe w Present, it would take':' abolish the park board. However. they more more than one vacancy. m least three affirmative vo to •- apparently couldn't abolish the hospital charter city with an even number that same motion. board, since the statute requites that council members, it could make " all five" members vote for abolition. ference if the charter defines a quorum Many charters require specific nun- it this way. Abstentions 1 bers of votes for various actions, rather It's important to pay attention to the than establishing a required percentage precise wording of the definition of Sometimes a council member pr-- �- charters simply pro eat at a meeting will choose not to • • ,, 1: . Or proportion. e tkie q r vacancy doesn't of members quorum• pema change the required numbers in that that a specific number which case a on a natter before the council. It •• .:� '� crcu 6 6 , LM (A l.) 63 a•il. Oct. v o t wouu q&t affect in the number the abstained. Specific the ally,abstainin try I v 20, 1966, pe he5coJ f a quorum. (See because of a personal interest in ' -• ? In Hoppe, the court also distin- charter '- es 471 »Y s p ec ial `waned between a requirement for a A.G. Op. 471.7, Apr. 17, 1967, L wi0 be discu later m this article. -' e requ o f "all members and - m 140A.) mb " an dd 'all members elected" An abstention by one or more c t k4 , regsrement for a a body. . The court which court pointed out in Hoppe members does not reduce the n . • -_ ' bete elected" ha to a body ant is determining o f votes needed, if the statutes - • ! noted that if the statute refers to "at could also be import n { • members elected' (rather than just to a quorum. the affirmative votes of a specific "all members ") a vacancy does not ber or proportion of the council. Nor an abstention counted as a vote change the number of votes needed for Absence the majority in this circumstance. ' passage. In statutory cities and frequently in Unhice a vacancy in the council, the Deve/opment Ca. v. Shaw, 909 3 charters as well, a quorum is defined absence of a wired member from a 139, 244 NW2d 110 (1976); Van C to be a moiety of all the members of pa w totting does not affect the v. Wallace, 216 Kinn 500. 13 member of votes needed, if the statutes 467 (1944). meat case is require an affirmative vote by a sped- The Ram Develop fled portion of the entire coned. Tracy good illustration of this rule. A see Cement Tile Co. v, Cir of Tracy. 143 member count attempted to pass Minn 415, 116 NW 189 (1919). Thus, Zoning amendment. The vot - 111111 to amend a zoning ordinance in a city recorded were four affirmative, t. EXPERTS w ith a five-member council takes st abstentions, and one "pass." T WATER least four votes. since two-thirds of Court ruled that this was not„ .....-- REPAIR PAINTING & � five is 3.3. If one number is absent to pass the ordinance, eve AI NTING & and only four are present, it still takes votes were needed, and neither •` R four affirmative votes to amend the abstentions nor the "pass" could ; Videotaped zoning ordinance. canted as an affirmative vote. (It's : Inspections Absences do, however, affect the clear what distinction the round •• • In Color number of votes required, where the hers intended between "abstain" • a•�me 6 Pear Man statutes or charter don't require a "pass." The Court treated them • Awwa 6 UK MEOW* Owner ba., particular number or portion of votes. being the same. ) Sing. S'C this includes most Sit • serene:, Maier WA In ordinary motions rilarly, in a statutory city - • Ma••ama.MCa..r+w° Ordhnary mOtrnnb Ind resolutions: five-member council, it takes • Cw am••d bills. entering contracts. fill- affirmative votes to pass an or.', - • ..- 6pw, C0.0090 in g approving two "yes" votes and three abst •,- • • Una &aaln0 6 PimilnQ council vacancies, etc. The general • lie., 0011040.143013 . rule i th if a quorum is present, * are not enough. Nor could a vote i a,d•Wlis aslaeA • Final ',Writ majority of the quorum can pass any treated as unanimous if one or .. WESTERN TAN action, unless a statute or charter pro m w m ber re e a theestatutes don't re• t ton requires a larger mauler Jensen & TOWER INC. v. Independent Consolidated School specific mutter s of votes, a moll:,- District No, 85, 160 ?futn 233, 199 passed if a majority of those voting . Vi1 -m, Oct, (1924). 30, 1986 CLMC 41 81), it m aapressed saying that a • ' P.O. Box 68007 Sioux Falls, SD 57105 and 161 -A -20. June 3, 1987 (LMC lions r are counted as voting with , c � . (6 05) 339.6506 Again, TELEPHONE: BO Ag e t make this 1987 (LMC 500D), and 471-M, '' (6dea . , a example nigh more dear. a statutory city 30, 1956 (LMC 415131). Thus t SEP-02-1998 12 49 LEgGIE OF MN CITIES P.05'12 • or an abstetttiao because of * p «sosf2l - ; , ,, , a vote of two "Yes" and one 1 $gt18l1�Cilt<lOn front Voting or cannot be counted as an affirm • n with two abstentions an ordinary y would motion be The Cot hoe need t hat ative vote; others have held that It ea pass an attlinarY motion some ca w t tistance e a counal and still others have held that a disqual- ne - a five- member statutory city member who has a personal interest In bication should be treated as in effect a matter before the council q diegttali- creating a temporary vacancy in the a , , . fregtte state that " g a fled from voting an then matter. Lam rnan 1. The latter Wile seems the most old is present, the retuaai to vote v. Coon Creek Watershed District. 27B reasonable; if a person can neither vote to " not defeat action." (See for exam- Minn 1, 153 NW2d 209 (1967). Not nor pa w in the discussions or l the cases cited at 4 Mci only is that person disqualified from other procee that person really McClain ui Corporations, Sec. 13.32.) voting, he slso should not take part in caret function es part of the sacred. -,, , s pot entirely clear, though, whether any way h the proceedings. D ingo But for now the best we can say is that . 'Ake c would *PLY that rule to the Petition of J caason re canny Ditch delft know. r . , . ' ... _„ _ case, where a quonun is pros- No. 24, 234 Minn 296, 48 NW2d 441 to init but because of abstentons the (1951). Most often, a ca member It ^ Cbe of affirmative votes is le th camel that such an interest simply volum- e ;; -4 majority of a quorum; e.g. three tanlY abstSa from voting, ai members of a five- member council are Neither the Minnesota courts nor Summary Fa pri ma. one votes -Yea," and the the Attorney General seem to have The first step on any vote question w; ether two abstain. specifically considered how to count is to determine whether any statute or �k The best advice is to avoid this kind votes m this situation. Wbfle it often charter provision specifies es[efd m co e " .; of problem. Councrlmembers should won't matter, k could be critical for votes are required. remember that if they abstain in this ordinsncee or other actions requiring attention to the particular wording of -. , kind of situating'. their abstention will an affirmative vote by a particular frac- the statutory or charter requttcment. 'N., ultimately have the effect of either don of the entire mend. For example, Lf there is no such requirement, then a defeating or passing the motion; anfor- when a seven -member statutory city simple maimity vote with a quwvm taaately, it is not certain which it is. council is vacating a street without a present is sufficient. Vacancies, But since the counclmember s action petition and one member is personally absences, abstentions, and disquali5ca- r will be have one or the other of t hese interested in the tootles, is the required Lions all present additional cantplka effects, the counclmember can't avoid vote six (four-ftfths of seven), or five dons- In roux instances, the rules are tatting responsibility. Therefor, the (four- fifths of sue? clear, though confusing; in member should decide which he pre- Courts in other states have split. unfortunately. the rules are both con - is fers and vote accordingly. Some have held that a disqualification fusing and unclear. • iv -, ass rot_ T. r id , Amami — III HOLMES & GRAVEN ith . PANNELL KERR FORSTER Chartered lir - Attorneys of Law W ORLd3W1I» Praetidng primarily in the areas of 4 . • Municipal Financing* . • CERTIF D PUBLIC ACCOUNTANTS • Tax Increment Financing • - • wisgagcrer. Analysis • po COPLIANCE en ec CO warts • General Government m • WMLtaagme Tf anneone INOWIC $ • utigadon If • Condemnation 612 - 545 -0421 • Real Mate Development the e 470 Pillsbury Center e t. Minneapolis, MN 55402 or „ Serving Cities for ever 30 Years' (612) 337-9300 • • sussed nn Bond Beteih Directory 23 SEP -02 -1998 12 Ft LEAGUE CF hM CITIES P.07'12 343. s b i d be noted that the Minnesota Human Rights Act prohi.'ts Also discrimina ' employment based upon marital status. cities . „we • , • should exercise e n when making inquiries in .: marital status of wire employees or applican pp positions with • 1ty. 5. Business connections • 4.09. 430, r. 1947 Other types of business ” sts may also ohibited indirect interests even though there is •. a personal financial irate der the general law. The attom eneral said that where a housing auth • corrmikssio, was a foreman who would aid a contractor in mak bid to the ing authority, the commission member was covered by the s - tory language. 6. Land issues Since a city council must deal with land matters, it is almost inevitable that one of these decisions may affect property that is owned or used by one of its members. a. Local improvements and special assessments In n,yeoRiii A counciintember owning land to be benefitted by a local improvement is Mina• 296, 48 probably not prohibited from titionin for the voting to N.w.2.1 441(1991), und ertake it, g P L c t, or von to ado the resul - s. clef assessment. W s M dis • "' I ?" one • tnnesota • ision took a different view on county ditch N.W.24709 (1967) proceedings, it seems to have been sharply limited as a precedent by a later case. The two cases can also be distinguished on their facts. Jar• Petition The first case concerned a proposed county ditch that bypassed a county 296, 48 board member's property although an existing ditch cut through a substantial area of his property. Although the board member participated in preliminary proceedings before the board regarding the feasibility of the improvement, he did not attend the final hearing. The court vacated the county board's order since the preliminary proceedings may have had a substantial effect on later actions taken at the final hearing. The court also said that the board member should not have participated in any of the proceedings regarding the project. Lanz lernerrheel " Coon Cr The second case found that there was no disqualifying conflict of interest 279 Minn. 1, 19 when four of the five 11.W.24 ao9 (1)6.11 managers of a watershed district owned land that would be benefitted by a proposed district. This court recognized that the situation was similar to those where members of a city council assess Official Contiict of interest 23 SEP -02 -1998 12251 LEAGUE OF MN CITIES P.08/12 lands owned by them for local improvements. As a result, the court found that this potential conflict of interest did not disqualify the district board members from participating in the improvement proceedings. It is possible that a councilmember's property ownership might result in a more favorable treatment of that property in the assessment. If that happened, the assessment might be challenged for arbitrariness and set aside, whether or not the councilmember participated in the assessment proceedings. b. Zoning Sept.O1 ,197s3r' The attorney general has held that a council is not .everted from rezoning property own -• • a councilmember or by his or her client. "owever. . e count - mber may not participate in . e courser prooeedings involving the zoning. Apparently, the law does not prohibit passing a zoning ordinance that will affect a councilmember's property. Huwever, substantial sel - mterest may disquali a member from . participating in council action on the matter. sit 0 19 .t In a prior opinion, the attorney general said that it was a question of fact whether a town board member had a disqualifying interest for having sold land that was the subject of rezoning. However, the attorney general appeared to assume that if the board member had a sufficient interest in the land, the member would be disqualified from voting on the rezoning. i. Property ownership Whether or not property ownership disqualifies a council or board member from participating in counci actzon will depend, to some extent, on the amount of that interest compared to all land affected b • the d IC s10} ,, one extr ertte is a dopti on of a new zoning or a corriesensive revision of an existing ordinance which may have an impact on all property in the city. In this situation, the interest is not personal and the councilmember should be able to participate. If this weren't allowed, no such ordinance could ever be adopted since all eounciimembers may be property owners. At the other eat ule is the application for a zoning variance or sp riat use permit pplying only to a councilmentber' a m. ]n ties instance, There is such a specific interest that it will probably disqualify the member 'from participating in the proceedings. However, the couneilmember_ should stilfbe able to submit the required application to the city. 24 League of Minnesota cities SEP -02 -1998 12:52 LERGLE OF MN CITIES P.09 Between these two extremes are those proceedings affecting some lots or parcels, only one of which a couneilmember owns. In such cases it is a question of fact whether the councilmember is disqualified from voting. if the councilmetrtber chooses to vote, the council must decide whether the member should be disqualified -- a decision which is subject to review in the courts if challenged. There will be many situations where the right to vote is doubtful enough that an interested couucilmember should refrain from participating. il. Condemnation went„ it Bond There is little doubt that a councilmember's ownership of land is so direct t v Cal auppmr, 24 und significant as to preclude s or pmttcl asinn.rm,zn.w. patron m a resolution to 697 (ISM) con enu the land. The Minnesota Supreme Court has not ruled directly on this question. However, it did not disqualify a county board member from participating in condemnation proceedings to establish the highway when the board member owned land adjoining the proposed highway. The court suggested that the decision might have been differ= if the owner had been entitled to damages if the highway had gone through his property. hi. Church affiliation HowW(u. florid of Ry „ a ,,, o f ,� The court held that a zoning board member who was also a member of a acu of church was not disqualified from voting on a zot variance reaueste (Minn. App. 19890 by that church. The court found that the nature of the financial interest could not have influenced the voting board member. The person's membership in the church, without evidence of a closer connection, was not a sufficiently direct interest in the outcome of the matter to justify setting aside the board's zoning action. c. Streets L Establishing streets and highways Wane bawd kr comma. lI woul fl j.- s a - . L• • u s,‘ . •i . .... .. • . :.: x . - e n . � , •.y �^o • �6 a street may be opened would not be prohibited from voting on the 697 van j 't :',w. matter- a Minnesota Supreme Court has held that a county board member who owned land adjoining a proposed county highway did not have a disqualifying interest that prevented him from voting on the establishment of the highway. The board member's interest was similar to that of the rest of the public and differed only in degree. A different decision may have been reached had the highway gone though any of the commissioner's land Official ConfIct cl Into= 25 P.10/1.2 SEP -02 -1998 12 52 LEAG'LE OF MN CITIES Valley Lag Tam* The court refused to disqualify a town board supervisor for asking a 309 Mae. 438234 landowner to circulate a petition for a road. By its very nature, the xw.2a 3LS (1975) decision to establish a town road is of interest to all local citizens, including town board members, who often may be in the best position to be aware of the need for a road. The court said that the ability of affected property owners to appeal to the district court would adequately protect them from any possible prejudice. ii. Street vacation f oce ee. 6,199sae Lc It is arguable that a street vacation is not essentially different from establishing the street, where abutting owners have been held not to have Alio Map a disqualifying pawn of q fying interest. However, the attorney general ruled that a A SA= 234 councilmember who bad an interes tit a g a propased street k Mina. 296, 43 N.w.m at p9s1) vacation could not participate in the strce vacation proceedings. - - -- In light of this ruling it is advisable that a counci /member who owns property abutting a street proposed to be vacated refrain from participating in vacation proceedings before the council. 7. Urban renewal An interest in property subject to an urban renewal decision rnav be grounds for disqualification. However, when the property is within the arerufrlarger urban renewal program but not in the project area subject to the decision, it is arguable that the councilmember would not be disqualified from voting. Since there have been no Minnesota cases addressing this issue councilmembers with these types of interests may wish to abstain from voting on these matters, or seek an attorney general opinion regarding the legality of their participation. 8. Licenses Although there have been no Minnesota cases directly on the subject, it seems obvious that when a councilmember is an applicant for a license to a .. . +: - counc ere is enoul of a . e s i i S . ; . 1. interest d :.- mem.. s Quid not take part in the decision on the a plication. 4 A f HS-Rs licensing . o If a general licensin ordinance is the subject of the action, even a Apr. 29, 1952 councilmember who does not hold a license may have a possible conflict of interest that could disqualify him or her from voting. The attorney general said that a councilmember who was a part - time employee ofa liquor licensee could not vote on the question of reducing the liquor license fee if could be shown that the councilmember was personally 26 League or Minnesota Citib SEP -02 -1992 1252 LEAGUE OF MN CITIES P.10/12 Lak. Y u uwif. The court refltsed to disqualify a town board supervisor for asking a 303 mina, 433 234 landowner to circulate a petition for a road. By its very nature, the 91,w,20 315 (t9rs) decision to establish a town road is of interest to all local citizens, including town board members, who often may be in the best position to be aware of the need for a road. The court said that the ability of affected property owners to appeal to the district court would adequately protect them from any possible prejudice. ii. Street vacation A,C.Op.396t -1L, It is arguable y pe 1e.19s> guable that a street vacation is not essentially different from establishing the street, where abutting owners have been held not to have Also an Paton of a disqualifying interest. However, the attorney general ruled that a Mk 29 councilmember who had an inter m e a a Mks I3roP Y proposed street N.W.rU 441 (1931) vacation could not participate in the street vacation proceedings - -" In light of this ruling it is advisable that a couneilmember who owns property abutting a street proposed to be vacated refrain from participating in vacation proceedings before the council. 7. Urban renewal An interest in o subject to an urban renewal decision may be Aig gt'otu for disqualification. However, when the property ii within the anger renewal program but not in the project area subject to the decision, it is arguable that the councilmember would not be disqualified from voting. Since there have been no Minnesota cases addressing this issue eouncilmembers with these types of interests may wish to abstain from voting on these matters, or seek an attorney general opinion regarding the legality of their participation. 8. Licenses Although there have been no Minnesota cases directly on the subject, it seems obvious that when a councilmember is an applicant for a license to v: . •' ..ecounc ere isallow, ofa. son. ii.;, interest c ele r a - mem.. s ould not take part in the decision on the application, A.G. op Hasa If a ene A9r.29, 1932 8 licensing ordinance is the subject of the action, even a councilmember who does not hold a license may have a possible conflict of interest that could disqualify him or her from voting. The attorney general said that a councilmember who was a pan -time employee ofa liquor licensee could not vote on the question of reducing the liquor license fee if could be shown that the couneilmember was personally 26 League of Minnesota Cities SEP -02 -1948 12 03 LEAGUE CF MN CITIES P.11'12 interested. For example, if the fee reduction will affect the councilmember's compensation or continued employment, he or she would obviously have a personal financial interest in the decision. However, whether an individual's personal interest is sufficient to disqualify him or her from voting on the decision is a fact question that must be determined on a case -by -case basis. jr i s TTVtl In a similar case, the Minnesota Supreme Court held that since a town 14;w.22 sts (Min12 board member owned property across from a bar that was subject to a teen liquor license renewal decision, he was disqualified from voting on the license renewal. The town board member stated his property had been devalued by S 100,000 since the bar opened, and he was elected to the board based Largely on his opposition to the bar. The court stated, "a more direct, admitted, financial interest is hard to imagine." D. Effect of disqualifying interest on action Nodes v CO % A contract that is prohibited due to a conflict of interest is void. 552. nu N.19124192 However, a non - contract situation, where a councilmember has a (1969) disqualifying tsq fying interest may be valid if the result would have beer, the same without the interested official's vote. The court held that it would have been a "better practice" for the interested member of a three- member civil service commission to disqualify himself and abstain from voting. However, his participation in a unanimous decision did not invalidate the c remission's decision to terminate an employee. r„ e„9, Councilmembers who have a disqualifying interest in a m'atte`r are Downant generally excluded when counting the number of councilmemoers +33 N.W2t1 324 309 (.Minn. A, necessary for a quorum, or for the necessary number needed to approve ') an action by a four-fifths vote, such as , approving a special assessment E. Conflict of interest checklist -- -- - -- 4 Consult with the city attorney. ♦ Disclose the interest. i. Make disclosure at the earliest stage preceding the discussion; Make oral disclosure to the governing body or board: Make written disclosure; ii. Don't participate in discussions leading up to the decision, • Don't vote or take any official action unless the city attorney decides there is no prohibited conflict of interest. Official Conflie uftnter's; 27 SEP -02 -1998 1254 LEAGUE 7 MJ CITIES P.12/12 Don't influence others. i. Don't participate in the discussion, either at the time of the vote or earlier; E. Leave the room when the governing body is discussing the matter. .. A. - < ft t 1 t fty of offices �~`— l' A. In : eueral j,, The questi. of whether a city official can also serve the city ' o me other cepeci • is quite complicated. One must look at bo a statutory law, and the co , on law that has been developed thro Minnesota court decisions - Ali persons in electe, office are prohibited from !ding incompatible offices. In addition, m. y appointed officials .n.:y need to consider this law if taking a position . • t may conflict wi„ their city responsibilities. The common law doctr' . of inoompati •; try applies to the functions of two inconsistent offices. Ho ever, th-. - is no clear definition of what constitutes an "office" for the Lupo - - of this law, Certainly it would include all elected offices. It ma -, so include appointed offices such as city administrators, managers, - , i ..lice chiefs. Generally, an office has greater responsibility, impo - , _, . independence than mere city employment v. Sword tr h °en State laws generally do st prevent a per from holding two or more 263,1 613 governmental positio' . However, without ecific stawtory a (ip Kimsey cam,, 36 Man. government officials annot hold more than o uthoritc, 190, M ti.rv. t]0 incompatible, position if the functions ttss� o if the 1 jobs create a conflict tween two different public interests. Minn- Star. * 43Stl Federal civil : ice rules enerall g y require that a p on covered by the rules must re gn before seeking local elected office. a civil service employees : , hold any local elected office as long as position does not to ' t with their regular state employment. The AT to Dep. ,,, • t of Employee Relations will determine weer conflict exists. A w. "ver of salary or serving without pay does not change the in .mpatibility of any two positions because it does not affect the basic c aracter. �. _ _ \ 28 League of Minnesota Cities TOTAL P.12 01/08/99 15:21 $8123771800 GREAT LAKES MGMT ?.1003 Chauncey Barett Gardens A Senior Community t; �{, }.. EE a •.:�} - 110 - z , 7a �' " }f Common Space y r a ^a AS 3 'xi xv ' , t nT4 . '? j3t e z! ti ;sT4�1`. 13 b rx a? {,7y • f 15 411aX.a `i + x 4. xc� .sea Yt" am Wit; 7t a>1z Aik Occupied MI Leased Vacant 01/08/99 15:20 228129771800 GREAT LAKES MGMT a 002 Chauncy Barett Gardens Weekly Marketing Report Week of December 28 - January 3, 1999 (RENTALS MOVE -INS MOVE -OUTS 1 1 RENEWALS 01/08/99 15:19 e8123771400 GREAT LAKES MGMT (1001 Mary Beth Davie fa 1133 -0776 Mldteol Pugh fax 977.7387 City of CardwMlle foe 429 -8823 Maureen Devine -Anoka County HRA far 323 -5882 • Chauncey Bereft Gardens, Centerville, MN Weekly Marketing Reports Executive Summary for the Week of December 28 - January 3, 1999 1 BR 1 BR +DEN 2 BR GRAND A D B TOTAL Total Units 2 8 8 16 Leased this Period 0 0 0 0 Total Units Leased 2 6 8 16 [TOTAL % LEASED 100% 100% 100% 100% I Vacancies Total Units Vacant 0 0 0 0 Total Units Occupied 2 6 8 16 TOTAL % OCCUPIED 100% 100% 100% • 100%