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HomeMy WebLinkAbout1999-05-26 CITY COUNCIL MEETING AGENDA WEDNESDAY, MAY 26, 1999 / 6:00 p.m. I/I. CALL TO ORDER Roll Call PUBLIC HEARING (S) APPEARANCES /AWARDS ; Citizen of the Year 1998 - Mary Carpa 1998 Audit Review - Abdo, Abdo, Eick & Meyers - Steve McDonald School District Sprinkler Extension - Milo Bennett HIV. CONSIDERATION OF MINUTES / o � • / vi May 12, 1999 Council Meeting Minutes 3� PAYMENT OF CLAIMS p Vi/ The City of Centerville May 13 - May 26, 1999 Centennial Fire District � Pay Estimate #6 - 29th Avenue OK � A Final Payment for School Flashing Lights 0 K- (/V t. SET AGENDA O " ITIONS ANq COMPLAINTS / &Jh� - r p +, , cc-- 'VIII. NFINISHED BUSINESS l Lake Area Utility Building Update Final Plat and Grading Plan for Deer Past /O yL ,/- /3 — Floodway Reduction Update 94.4 ( �T r /4. Flood Plain Ordinance Amendment City Hall Co mpute r Bid Spe c i fications / Quot es ▪ Ordinance #5 - Firearms • Interim Use Permit for Redi Mix - Dennis Shudy Council/Commissio Committee Recognition Plaques idi U9' 4 uµ 1 Ordin n 024 F • r fa. NEW BUSINESS Center Oaks Ditch Cleaning Disability Insurance Quotes/ It t3 Utility Extension through the Industrial Park Pwk4 - t i Pf k Aa CONSENT AGENDA LX Amend Resolution 99 -02 Fee Schedule for 1999 * Interim Use Permit $75.00 added L. Annual Review for Public Works Director/Building Official one step - increase to step 5, grade 9. / I. COMMITTEE REPORTS P VI. Planning and Zoning - seven member commission, meetingstart time. ` &1I. ADMINISTRATORS REPORT / l I 0 41.k.. %wav 3 ors .3) s 4 04 d;lcL L�a k Q- ;ve- XIII. ADJOURNMENT CITY COUNCIL MEETING AGENDA WEDNESDAY, MAY 26, 1999 6:00 p.m. I. CALL TO ORDER 1. Roll Call H, PUBLIC HEARING (S) HI. APPEARANCES /AWARDS 1. Citizen of the Year 1998 - Mary Carpa 2. 1998 Audit Review - Abdo, Abdo, Eick & Meyers - Steve McDonald 3. School District Sprinkler Extension.- Milo Bennett IV. CONSIDERATION OF MINUTES 1. May 12, 1999 Council Meeting Minutes V. PAYMENT OF CLAIMS 1. The City of Centerville May 13 - May 26, 1999 2. Centennial Fire District 3. Pay Estimate #6 - 28th Avenue 4. Final Payment for School Flashing Lights VI. SET AGENDA VII. PETITIONS AND COMPLAINTS VIII. UNFINISHED BUSINESS 1. Lake Area Utility Building Update 2. Final Plat and Grading Plan for Deer Pass 3. Ftoodway Reduction Update 4. Flood Plain Ordinance Amendment 5. City Hall Computer Bid Specifications/Quotes 6. Ordinance #5 - Firearms 7. Interim Use Permit for Redi Mix - Dennis Shudy 8. Council/Commission/Committee Recognition Plaques 9. Animal Ordinance #24 PC NEW BUSINESS 1. Center Oaks Ditch Cleaning 2. Disability Insurance Quotes 3. Utility Extension through the Industrial Park X. CONSENT AGENDA 1. Amend Resolution 99 -02 Fee Schedule for 1999 * Interim Use Permit $75.00 added Works Director/Building Official one step 2. Annual Review for Public Works P increase to step 6, grade 9. XI. COMMITTEE REPORTS 1. Planning and Zoning - seven member commission, meetingstart time. XII. ADMINISTRATORS REPORT XIII. ADJOURNMENT BONESTROO ROSENE ANDERLIK W6516361311 05/20/99 11:09 [5:02/04 N0:628 Sanearoa, PIwn MOWN as Mean., Me. M w A*vmaw. Aetku.Eque, Opp•Wly Empoyer wows: Otto anie*ee. P.E. 0 Jomph 0. AndeAk, P.E. 0 Mendn L. SOWS. P.E. 1 Sanest nay RiOhep f.1 %n or, P.E. E dan R. Coot, P.E. P Robert C. Smu send, P.C. a Jerry A. Bounds, P.E e • Rfase Retie and, W Rosa PI, end Men M. Eberle', C.P.A., Senior Commons os a Adeeeye PsiM a Hew* A. EWOae. Pt SKIM A. Care an en. P.E.O Rat R. NOM% PR,e Anderiik & wow w. raet«. P.R. a Weld 0. Lakau. P.E. 0 Ruben C. Plonk, A. LA. I Mark A, Mama P1.11 MOW T. Retemenn, P.E., Ted K. Red, P.E. d Kenneth P. Andersen, P.F. 0 Mark R, Fla P.E.0 Associates Sidney P. WINKS P.E., L.S. A Rahn F. KotiMth O Agnes M. Ring 0 Michael P. Rau, PI. 0 Men Risk EohMA, P.R. CMees: St. PS, Rad.a•r, Wama and &. Cloud, MN a Milwaukee, WI Engineers & Architects • WEEK IN REVIEW ENGINEERING ISSUES CITY OF CENTERVILLE May 10,1999 to May 21, 1999 BRA File No. 616 -GEN • PROJECTS IN CONSTRUCTION ACORN CREEK • Eighteen boulevard trees were :;:e.;1 ".:Id nr e-tevicr •tn::. and Old Mill Road. St :lOOI, CKi sSING AHEAD — FLASHER SYSTEM ON CSAH 14 • Letter of recommendation to accept project and pay final amount of $4,745.00 to contractor. WOODS OFCLEAjtE.tff Ct;lU?X Pane: outlet is being reccsigned w hancle u!.r_ased flow from the large wetland to the north. • IsURCHLER EST AI • Cnntracto• will m�vc equipment in and start May 24. 1999 on Mound Trail and the five lots. EAGLE SS Contractor to reraove and replace settled sections of curb. Patching of bituminous base to follow. PARR VIEW ADDITION Mss with Conire::P: :a discaeS finhl quantities and remaining work on the utilities and streets. FROJ IN AIRStG$ {{A TER L'TISIICO 'ilia! T • No new issues to report. DEER PASS • Preparing plans and specification for utilities and streets, Grading has begun on the site Pogo 1 oft 2938 Watt Highway 36 0 St. Paul, MN 55113 0 061.636-4600 0 Fax: 661 - 536 -1311 BONESTROO ROSENE ANDERLIK W 6516361311 05/20/99 11 :09 C9:03/04 NO :628 SEAL COAT • No new issues to report. CENTER VILLA • No new issues to report. ROYAL INDUSTRIAL PARK • Met with developer on May 18, 1999. Will start plans and specifications for utilities and street. Approve at June 23, 1999 Council Meeting. WATER TOWER SITING • A memo is included in the Council Packet explaining our analysis of three potential sites for a new tower. MILL ROAD WATER MAIN EXTENSION • Quotes to extend 8" water main from Prairie Drive to Peltier Lake Drive have been received from Roso Contracting. Need to review further — bidding of work, combine with other City projects, possibly include more water malls sections, pciicy for assessing. IAAIOTTR iPARK TRA.:!L • Inspected tho southwest comer of the park, where the proposed County trail connection would be made. Working with the watersned to ,;dursen concerns with d;tch and pond in this area. • Pap 2 of2 2395 West Highway 38 0 St. Paul, MN 551110 612.538.4500 0 Fax: 612- 838.1311 MEMO DATE : May 19, 1999 TO : Honorable Mayor and Council FROM : Jim March RE : Appearances ************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 1. Mary Capra will be in attendance to be presented with the Citizen of the Year award for 1998. 2. Steve McDonald (Abdo, Abdo, Eick and Meyers) will be in attendance to present the 1998 municipal audit. 3. Milo Bennett will be in attendance to discuss a time limit extension requested by the school district to bring the elementary school in compliance with sprinkling requirements. * Pat Camp -Baron has indicated that she will be at the Council meeting to dispute the claim of having a substandard building. Ms. Camp -Baron has been instructed that if she wishes to appeal the notice of substandard building, she needs to put her appeal in writing. 1 A ABDO R 7 ABDO MEYERSLLP CM OS Public Accountants & Consultanu 7241 Ohms Lane Suite 200 Minneapolis, MN 55439 April 1, 1999 Members of the City Council City of Centerville, Minnesota Professional standards require that we provide you with the following information related to our audit Our Responsibility under Generally Accepted Auditing Standards and Government Auditing Standards As stated in our engagement letter, our responsibility, as described by professional standards, is to plan and perform our audit to obtain reasonable, but not absolute, assurance that the fmancial statements are free of material misstatement and are fairly presented in accordance with generally accepted accounting principles. Our audit is designed to provide reasonable assurance of detecting misstatements that, in our professional judgment, would have a material effect on the fmancial statements taken as a whole. Consequently, our audit will not necessarily detect misstatement less than this materiality level that might exist due to error, fraudulent fmancial reporting or misappropriation of assets. In planning and performing our audit of the general purpose financial statements of the City of Centerville for the year ended December 31, 1998, we considered its internal control in order to determine our auditing procedures for the purpose of expressing our opinion on the financial statements and not to provide assurance on internal control. However, we noted certain matters involving internal control and its operation that we consider to be reportable conditions under standards established by the American Institute of Certified Public Accountants. Reportable conditions involve matters coming to our attention relating to significant deficiencies in the design or operation of internal control that, in our judgment, could adversely affect the City's ability to record, process, summarize and report fmancial data consistent with the assertions of management in the financial statements. A material weakness is a reportable condition in which the design or operation of one or more of the internal control components does not reduce to a relatively low level the risk that errors or irregularities in amounts that would be material in relation to the financial statements being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. Our consideration of internal control would not necessarily disclose all matters in internal control that might be reportable conditions and, accordingly, would not necessarily disclose all reportable conditions that are also considered to be a material weakness, as defined above. However, we noted the following reportable condition that we believe is not a material weakness. Segregation of Duties Our study and evaluation disclosed that because of the limited size of your office staff, your organization has limited segregation of' duties. A good internal control structure contemplates an adequate segregation of duties so that no one individual handles a transaction from inception to completion. While we recognize that your organization is not large enough to permit an adequate segregation of duties in all respects, it is important, however, that you be aware of this condition. 612.835.9090 • Fax 612.835.3261 City of Centerville April 1, 1999 Page Two As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we performed tests of compliance with certain provisions of laws, regulations, contracts and grants. However, the objective of our tests was not to provide an opinion on compliance with such provisions. We noted no noncompliance with certain provisions of laws, regulations, contract and grants. Accounting Estimates Accounting estimates are an integral part of the combined financial statements prepared by management and are based on management's knowledge and experience about past and current events and assumptions about future events. Certain accounting estimates are particularly sensitive because of thew significance to the general purpose financial statements and because of the possibility that future events affecting them may differ significantly from those expected. The most sensitive estimates affecting the financial statements was depreciation on fixed assets. Management's estimate of depreciation is based on estimated useful lives of the assets. We evaluated the key factors and assumptions used to develop this estimate in determining that it is reasonable in relation to the financial statements taken as a whole. Significant Audit Adjustments For purposes of this letter, professional standards define a significant audit adjustment as a proposed correction of the general purpose financial statements that, in our judgment, may not have been detected except through our auditing procedures. We proposed no material audit adjustments. Disagreements with Management For purposes of this letter, professional standards define a disagreement with management as a matter, whether or not resolved to our satisfaction, concerning a financial accounting, reporting or auditing matter that could be significant to the general purpose financial statements or the auditor's report. We are pleased to report that no such disagreements arose during the course of our audit. Issues Discussed Prior to Retention of Independent Auditors We generally discuss a variety of matters, including the application of accounting principles and auditing standards, with management each year prior to retention as the City's auditors. However, these discussions occurred in the normal course of our professional relationship and our responses were not a condition to our retention. Difficulties Encountered in Performing the Audit We encountered no significant difficulties in dealing with management in performing our audit. Other Matters The following are areas that came to our attention during the audit that we feel should be reviewed: Financial Position and Results of Operations General Fund Overall, the fund balance increased $283,946 during 1998. The total fund balance is $905,692 and this is approximately 94.05% of current year expenditures and transfers out. We recommend fund balance be maintained at a minimum of 40% of planned expenditures and transfers out, so the current fund balance is adequate to meet working capital needs. Front discussions with management it appears there are plans for the fund balance in excess of the recommended working capital minimum of 40%. This excess could be designated to a purpose by council resolution. This would give clear indication of intended use. Fund balance should be maintained for the following reasons: City of Centerville 9 P 0' April 1, 1999 Page Thee Purposes and Benefits • Expenditures are incurred somewhat evenly throughout the year. However, property tax and state aid revenues are not received until the second half of the year. An adequate fund balance will provide the cash flow required to finance the General Fund expenditures. Your fund balance appears to be sufficient to provide this working capital. • The City is vulnerable to legislative actions at the State and Federal level. Recent years have seen the State adjust the local government aid and property tax credit formulas along with implementing levy limits for some cities. An adequate fund balance will provide a temporary buffer against those aid adjustments and possible levy limits. • Expenditures not anticipated at the time the annual budget was adopted may need immediate Council action. These would include capital outlay replacement, lawsuits and other items. An adequate fund balance will provide the financing needed for such expenditures. - • A strong fund balance will assist the City in maintaining or improving its bond rating. A summary of the 1998 operations is as follows: Variance - Favorable Budget _ Actual (Unfavorable) Revenue $ 1,030,707 $ 1,246,907 $ 216,200 Expenditures 843,957 962 961 (119,004) Excess (Deficiency) of Revenue Over Expenditures $ 186.750 283,946 $ 97,196 Fund Balance, January 1 621 746 Fund Balance, December 31 $ 905.692 1 City of Centerville a April 1, 1999 1 Page Four • A detailed summary of the revenue and expenditures follows: Percent Increase of (Decrease) Revenue Source 1998 Total 1997 From 1997 Property Taxes $ 574,149 46.05% $ 434,751 $ 139,398 Licenses and Permits 346,327 27.77 205,650 140,677 Intergovernmental Revenue 229,845 18.43 219,565 10,280 Charges for Services 3,346 .27 12,507 (9,161) Fines and Forfeits 21,514 1.73 19,215 2,299 Interest 28,614 2.29 22,463 6,151 Other Revenue 43,112 3.46 90,057 (46,945) Total Revenue and Transfers 51.246.907 100.00% $I 004.20$ S 242.699 1998 Revenue Taxes 46.05% Charges for services 0.27% Other 3.46% Interest 2.29% Intergovernmental Fines 18.43% 1.73% Licenses and permits 27.77% .0 City of Centerville 6 t • April 1, 1999 Page Five • Percent Increase of (Decrease) Programs 1998 Total 1997 From 1997 General Government $ 334,517 34.74% $ 272,076 $ 62,441 Public Safety 419,835 43.60 362,727 57,108 Public Works 111,306 11.56 130,755 (19,449) Parks 37,444 3.89 15,388 22,056 Other 30,347 3.15 20,802 9,545 Capital Outlay 29,512 3.06 25,067 4,445 Total Expenditures $ 962.961. 100.00% S 826,815 $ 136.146 1998 Expenditures Public works Parks Other 11.56% 3.89% 3.15% Capital Outlay 3.06% Public safety General government 43.60% 34.74% Special Revenue Funds These funds are used to account for revenues derived from specific revenue sources that are restricted to expenditures for specific purposes. The City established three separate funds to account for the following activities: • Cable T.V. • Recycling • City Celebration I_ City of Centerville April 1, 1999 . . • Page Six The fund balances (deficits) of each at year end for 1998 and 1997 are as follows: Fund Balance (Deficit) Increase Fund 1998 1997 (Decrease) Cable TV $ 17,519 $ 16,888 $ 631 Recycling (16,716) (17,295) 579 City Celebration (6366) (1,366) (5,000) Total $ (5,563) $ (1,773) $ (3,790) The City Celebration has a deficit fund balance and had minimal activity in 1998. We recommend this fund be closed with a transfer from the general fund and any future activity be budgeted and recorded in the general fund. The deficit in recycling will be eliminated with future excess revenue. Debt Service Funds A comparison of the assets of each fund and the remaining bonds outstanding at year end are as follows: Cash and Investment Total Bonds Fund Balance Assets Outstanding Flood Plains Reduction $(119,994) $ (40,851) $ 133,650 1979 Improvements (20,173) (16,081) 30,000 1987 Improvements (124,065) (104,007) 245,000 Municipal Water Improvements (252,328) (252,328) - Centerhill Improvements 103,259 103,388 - Centerhill Second Addition (4,335) (4,335) - 1992 Improvements (32,000) (31,973) - 1993 Acom Creek Improvements 36,754 47,327 130,000 Municipal Building (14,869) (14,845) 269,284 Clearwater Meadows 370,981 409,023 361,350 Elementary School Water Extension 257,656 328,937 410,000 Parkview Development 106.754 571.346 615.000 Total $ 307,640 $ 995,601 $ 2,194,284 The Flood Plains Reduction fund deficit will be eliminated with remaining funds in the Flood Plains Capital Project Fund. The Centerhill Improvement and Centerhill Second Addition funds have no remaining debt and should be closed to whatever the council deems appropriate. Funding a permanent capital improvements fund or reducing the deficit in another debt service funds would be two options. The 1987 Improvements bond issue is to be paid with special assessments according to the bond resolution. Through research, the original assessment amount did not appear to be sufficient to pay all principal and interest. The City began levying in 1997 for this bond and for the Municipal Building. This levy has been recognized in the general fund over the past two years. The City needs to transfer the amount levied from the general to the 1987 Improvements and the Municipal Building. The Municipal Water Improvement fund is the #1 TIF District. TIF District #2 is the TIF Projects Capital Projects fund and this district is supposed to pay the principal and interest of the Municipal Water Improvements fund. We recommend a transfer to be made to eliminate the cash deficit of $252,328 in the Municipal Water Improvements front the TIF Projects fund. An annual transfer will need to be made to pay future principal and interest installments if the increments in the Municipal Water Improvements are not sufficient. o City of Centerville April 1, 1999 Page Seven The 1992 Improvements and the 1993 Acorn Creek Improvements were completed factoring in a City cost to complete the bond payments. The City will need to transfer their portion of debt service from the applicable source which may be the General Fund or Water and Sewer funds. The 1979 Improvements and the Municipal Building fund are currently in deficit. The City needs to consider how these deficits will be eliminated. We believe it would be a good idea to have a cash flow analysis completed on all debt service funds. This would give a good idea of all resources required to eliminate deficits. Our fum can complete this analysis within the next month. Capital Projects Funds The following funds were established to account for the resources used for the acquisition or construction of major capital facilities. As projects are completed, any remaining funds should be transferred to their funding source. The following funds along with their fund balance are included in this group: Fund Balance (Deficit) Increase Fund 1998 1997 (Decrease) Flood Plains Reduction $ 187,115 $ 180,887 $ 6,228 Park (3,717) 108,829 (112,546) Fire 5,547 5,622 (75) TIF Projects 372,011 361,346 10,665 Centerhill Third Addition 127,340 123,189 4,151 Municipal Building Project 2,944 2,849 95 1993 -2 Acorn Creek 49,537 22,964 26,573 Pedestrian Trailways (352) (936) 584 Storm Water 96,175 25,151 71,024 Clearwater Meadows Project 6,512 60,077 (53,565) Eagle Pass Addition (6,687) 5,828 (12,515) Lakeland Hills (43,722) (38,911) (4,811) Elementary Water Extension 59,277 57,617 1,660 TIF District 1-4 35,889 10,753 25,136 TIF District 1-5 (2,590) (2,063) (527) Senior Housing (55,181) (46,875) (8,306) Parkview Development 147,563 4,751 142,812 Willow Glen Development 22,714 22,249 465 Woods of Clearwater Creek 12,557 - 12,557 21' Avenue Improvements (4,735) - (4,735) Center Villa (3,769) - (3,769) Buechler Estates 4.871 - 4,871 Total $1,009,299 $ 903,327 $ 105,972 Several funds have completed their project and should be closed. The remaining funds in the Flood Plains Reduction should be closed to the Debt Service Fund. The Centerhill Third Addition could be used for any public purpose. The Municipal Building should be closed to the Debt Service Fund. The 93 -2 Acom Creek should be closed to the Debt Service Fund. The Pedestrian Trailways should be closed with resources from another fund. The Elementary Water Extension should be closed to the Debt Service Fund. Any other deficit should be reviewed and eliminated with other revenue sources. A transfer from the general fund should be completed to close out the deficit in the 21" Avenue Improvements. A transfer from the sewer fund should be made to eliminate the Senior Housing deficit. O� City of Centerville 96t) April e I, 1999 fight Page Eight Enterprise Funds Water Fund The results of the operations and cash position of the Water Fund the past three years are as follows: 1998 1997 1996 Charges for services $ 91,428 $ 63,400 $ 67,421 Operating expenses 123.515 103.839 68.659 Operating Income (loss) before Hook -up fees (32,087) (40,439) (1,238) Hook -up Fees 279.539 109.411 57 030 Operating Income $ 247.452 $ 68.972 $ 55,792 Cash balance, December 31 $ 776,273 $ 458.975 $ 375,754 Although the cash balance is 628% of operating expenses, there still are bond proceeds totalling about $110,000 that have not been spent yet. Also, the operations are at a loss before hook -up fees are added. This indicates the rates need to be reviewed since hook -up fees will not always be at current levels. The hook -up fees generate revenue for expansion of the system. These fees have contributed to the majority of the large cash balance. Sewer Fund The results of operations and cash position of the Sewer Fund the past three years are as follows: 1998 1997 1996 Charges for services $ 137,573 $ 122,245 $ 121,255 Operating expenses 295,890 149.708 177,571 Operating Income (loss) before Hook -up Fees (158,317) (27,463) (56,316) Hook -up Fees 371,177 115,918 100,558 Operating Income $ 212 860 $ 88,455 $ 44,242 Cash balance, December 31 $1.215.614 $ 829,230 $ 705.162 The Sewer Cash also is very high compared with operating expenses but factors that affect the future cash flow needs are present. The Sewer Fund also has unspent bond proceeds, that total $140,000. Large hook -up fees have also been a major factor in the increase. The operating loss before hook -up fees increased dramatically from 1997 to 1998 due to MCES charges increasing 152 %. This has a large impact on revenue from operations. Rates need to be reviewed given the increase in expenditures. As mentioned in the Water fund analysis, the hook -up fees should be used for the expansion of the system. Other items Reclassification entries During the audit several entries were required to get revenue and expenditures in the correct funds. We understand the turnover in the finance position had a lot to do with it but now is a good time to give careful consideration to where items should be coded. City of Centerville April 1, 1999 Page Nine Budget Currently the budget is prepared on a document outside the finance system and the account numbers used did not line up with those used in the finance system. The old software did not have a good budget feature. Budgeting can be handled within the new software and we recommend that it be done in the software. This will make it easier to translate the budget in the finance system Year 2000 Issue The Year 2000 Issue results from a computer's inability to process year-date data accurately beyond the year 1999. Except in recently introduced year 2000 compliant programs, computer programmers consistently have abbreviated dates by eliminating the fast two digits of the year, with the assumption that these two digits would always be 19. Thus January 1, 1965 became 01/01/65. Unless corrected, this shortcut is expected to create widespread problems when the clock strikes 12:00:01 a.m. on January 1, 2000. On that date, some computer programs may recognize the date as January 1, 1900, and process data inaccurately or stop processing altogether. The Year 2000 Issue is likely to affect computer applications before January 1, 2000, when systems currently attempt to perform calculations into the year 2000. Furthermore, some software programs use several dates in the year 1999 to mean something other than the date. Examples of such dates are 01/01/99, 09/09/99 and 12/31/99. As systems process information using these dates, they may produce erratic results or stop functioning. The Year 2000 Issue presents another challenge, the algorithm used in some computers for calculating leap years is unable to detect that the year 2000 is a leap year. Therefore, systems that are not year 2000 compliant may not register the additional day and date calculations may be incorrect. Most of the City's finance software should already be year 2000 compliant but it is important to review all areas where date - dependent computer information is needed and correct any deficiencies. We recommend the City implement verification procedures to test the accuracy of information received from its vendors, service providers, bankers, customers and other third -party organizations with whom it exchanges date - dependent information, because these organizations also must become year 2000 compliant. The Council also should satisfy itself that vendors, service providers, bankers, customers and other third -party organizations will not experience problems relating to the Year 2000 Issue that could affect the City's operations or cash flow. This report is intended solely for the use of management and council. The comments and recommendations in the report are purely constructive in nature, and should be read in this context. Our audit would not necessarily disclose all weaknesses in the system because it was based on selected tests of the accounting records and related data. If you have any questions or wish to discuss any of the items contained in this letter, please feel free to contact us at your convenience. We wish to thank you for the continued opportunity to be of service and for the courtesy and cooperation extended to us by your staff. akhic2affikrul April 1, 1999 ABDO, ABDO, EICK Sr MEYERS, LLP Minneapolis, Minnesota Certified Public Accountants Centennial Fire District 7741 Lake Drive Lino Lakes MN 55014 (651) 784 -7472 May 21, 1999 Centerville Mayor and Council Members City of Centerville 1880 Main Street Centerville MN 55014 Dear Centerville Mayor and Council Members, The issue, that I asked be put on the agenda, is a time extension for the installation of sprinkler systems in the older Centennial schools. In Centerville, that applies to Centerville Elementary. In 1996, I met with the school district staff and agreed to a plan for completely sprinkling these buildings as long as it was in writing and the plan was followed. This plan extended over a number of years and ended in 2005. This was a longer period of time than I had hoped for but in the end, all schools would be sprinkled, and that is the desired result. A copy of the schedule is attached. The school district has been completing the plan as presented in 1996 and has lived up to the commitments made. The new Deputy State Fire Marshal, who now inspecting these schools, has stated that in order to approve a plan that extends this long, the school district will have to apply for an extension with the State Fire Marshal. This extension requires that the local governing body approve this extension before it is sent to the Fire Marshal's office. Page 1 of 2 • • Centennial Fire District The action that I am recommending for you, is approval of the school district's plan and the time extension that is needed for this plan. The school district staff will be completing the paperwork to be submitted to the State Fire Marshal and will be present at the council meeting. Thank you very much for your consideration of this matter. If you have any question feel free to call me at 651- 784 -7472. Sincerely ;7a tL Milo Bennett Fire Chief Page 2 of 2 04/24/96 13:11 NO.612 D02 •/ �, ' PRELIMINARY PHASING PLAN CENTENNIAL PUBLIC SCHOOLS FIRE MARSHAL REQUIREMENTS ATSR PROJECT NO. 96024 ESTIMATED PROJECT COST APRIL 9, 1996 ,SUMMARY YEAR SITE ESTIMATED PROJECT COST 1996 • High School (Fire Sprinkler) $ 56,000 • Centerville (Fire Alarm) 57,000 • Golden Lake (Lockers) 42 000 1996 TOTAL $155,000 1997 • High School $147,000 (Sprinklers & Area Separation Walls) 1998 • High School 164,000 (Sprinklers & Area Separation Walls) 1999 • High School 168,000 (Sprinklers & Area Separation Walls) 2000 • High School 150,000 (Sprinklers & Area Separation Walls) 2001 • High School 151,000 (Sprinklers & Area Separation Walls) 2002 • Centerville (Fire Sprinklers) 148,000 2003 • Centerville (Fire Sprinklers) 100,000 2004 • Golden Lake (Fire Sprinklers, Fire Alarm) 150.000 2005 • Centennial Elementary (Area Sep. Walls) 100,000 04/24/96 12:57 TX /RX NO.0306 P.002 MAY 17, 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 MAY EXPENSES. YOUR APPROVAL OF MAY EXPENSES AS LISTED ON THE ATTACHED COPY OF THE CHECK REGISTER, CHECKS 10734 - 10757, IN THE AMOUNT OF $2,626.02, IS HEREBY REQUESTED. MB/NW CC: 7 CIRCLE PINES CITY COUNCIL 7 CENTERVILLE CITY COUNCIL 7 LINO LAKES CITY COUNCIL 2 FILE 05/17/1999 @09:47AM CENTENNIAL FIRE DISTRICT PAGE 1 BANK CHECK REGISTER Checking account 05/17/99 TO 05/17/99 CHECK NO DATE TYPE PAID TO / DESCRIPTION CHECK AMOUNT 34 05/17/99 AP -D CAPITOL COMMUNICATIONS 18.77 27422 10735 05/17/99 AP -D NORTHERN STATES POWER COMPANY 465.03 1589 -648- 494 -130 10736 05/17/99 AP -D BOE ORNAMENTAL IRON INC 58.58 12588 10737 05/17/99 AP -D C.P. OFFICE PRODUCTS 19.11 3604 10738 05/17/99 RP -D AIRTOUCH CELLULAR /BELLEVUE 130,06 1003 - 4396417 10739 05/17/99 AP -D POSTMASTER 99.00 stamps 10740 05/17/99 AP -D HUGO FEED MILL & ELEVATOR 17.92 34583 10741 05/17/99 AP -D FRATTALLONE'S HARDWARE STORES 75.04 811571 10742 05/17/99 AP -D TOM THUMB 19.98 197 - 990417- 230431 10743 05/17/99 AP -D CY'S UNIFORMS 438.45 31564, 31572 10744 05/17/99 AP -D OXYGEN SERVICE COMPANY, INC. 82.00 26850 10745 05/17/99 AP -D CHIEF SUPPLY CORPORATION 270.50 183538 10746 05/17/99 AP -D MINNEGASCO 267.58 583 - 001-881 -700 10747 05/17/99 AP -D EMERGENCY APPARATUS MAINT. 37.00 1759 10748 05/17/99 AP-D US WEST COMMUNICATIONS 64.93 612 E08 -6367 268 10749 05/17/99 AP -D US WEST COMMUNICATIONS 82.04 612 E08 -0791 033 10750 05/17/99 AP -D US WEST COMMUNICATIONS 65.00 612 E08 -0790 032 • 05/17/1999 @09:47AM CENTENNIAL FIRE DISTRICT PAGE BANK CHECK REGISTER Checking account 05/17/99 TO 05/17/99 CHECK NO DATE TYPE PRID TO / DESCRIPTION CHECK AMOUNT 51 05/17/99 RP -D MILO BENNETT 46.79 SUPPLIES & MEALS 10752 05/17/99 AP -D BUMPER TO BUMPER 2.60 FL1070 10753 05/17/99 RP -D FOOD -N -FUEL, INC. 20.75 10019 10754 05/17/99 RP -D EBROC 14.00 1473 10755 05/17/99 AP -D ARTHUR E MOHLER 28.92 SUPPLIES 10756 05/17/99 AP -D SEDGWICK 209.00 15299 10757 05/17/99 AP -D DEWRYNE NORBERG 92.97 SUPPLIES TOTAL MANUAL CHECKS (M): 0.00 I TOTAL COMPUTER CHECKS (C): 0,00 TOTAL DIRECT DISBURSEMENTS (D): 2,626.02 TOTAL CHECKS: 2,626.02 BONESTROO ROSENE ANDERLIK I. 6516361311 05/21/99 09:54 51 :02/02 N0:662 a eb•MAA 0o, Part Mown and Auer aces. o•e is in Affirmative Atnon OPPO threw Ea sor B onest o/�e�/� V PieRWais Cala 0, r0n, Pr • Aster C MOON. PF, • Muvin L. Sm vale, P/, • Olen P. COON, Pt • //Wert 0.1chunkm, Pt, • Jerry A. Wourdan, Pr. • Rosene Pshert W. Kann', Pe., Richard I. ranee. PC. and Susan M tbedln, cP A., Senor Cbnaation, Anderltk Assorlate PrMc/plc Howard Seifert PI • Faith A - Gmdan, Pi. • Rains F. PPenade, Pi • R,tIwd w PONM, Pt. • David 0 Lortote, PC • Robed C Nunn. A l A • Meek A Wnson. Of • Mitllael r RM,belelln, et • rot KPteld, Pa • Kennet P AMPrson. P6. • Mink P. Wt. Pr. • A ssodates Sldny P WIMMAibn, Pt, LS • NOW Komori • Agnes M erg • /Pan Rick SU llOrt PP iiYaA�r� i O /lien'. Sl. Paul, Pectosew, wilmner and se Cloud IAN • Mi,watks . WI Engineers & Architects WPbett wwwbbnunaa tam May 21, 1999 Mr. Jim March • Cit y of Centerville 1880 Main Street Centerville, MN 55038 Re: 20 Avenue Utility Improvements Pay Request No. 6 Our File No. 616 -99 -107 Dear Jim: We have reviewed Pay Estimate #6 for ,$24,532.23, as prepared by HR Green. We recommend payment to Bonine Excavating for the work done late last year. Several miscellaneous items still need to be addressed before a final pay request is prepared. We will work with the contractor to expedite this process and close out the project. I can be reached at 651 - 604.4868 if you have any questions. • Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES Thomas W. Peterson TWP /tmr • cc: Nancy Bonine, Bonine Excavating • • 2335 West Highway 36 • St. Paul, MN 55113 • 651-636-4600 • Fax: 651-636-1311 EONESTROO ROSENE ANDERLIK 6516361311 05/20/99 11 :09 (l :04/04 NO:628 Ada MJWbn . IOSAAIM,W an dAshtnun, Inc is an AUu mI ive Afton/SW C(perlwwy RaPMWS B onestroo •,„+tints' Otto 6 Ighettroo, K • Amer C. MAMA, PS. • Monier l Soled*, Rt. • Ginn 0. k, M Coo. • 'abet G. SkIw cN. P1. • Jerry A. Powdo n Pr osene r Rebel W. eosin, Pe. Renard F termer. PF. Rind Sure M kph^ CAA., Comer CeaNaNlt • Associate •,Plt*Pat Sward A. UMW, PE.. Kath A. WOK Pt • Robert IL PlbWe, P.E • VI A nderlik & Mahal W. Poe* RE. • tMtld O. Umtata Pt. • Robert C. Rube t, AJ.A • Mitt A. Ila tat 01 114101111. RMmum, PE. • 114 Knebl, Pk. • PameM R Arwee•n. Pe, • Witt mots, 04, • Assoc A ssociates Money P W*Mammn, RI., LS • Robert r, kotmth l • AWIrI M. Iirg • liken MO Schmid, RED iates °Meer FL PMIL MtMeldt WMrn v end it. Gaud. WI • MIIwwWe, WI Engineers S Architects ahbNta wwWAM»rm•a.taa May 20, 1999 Mr. Jim March City of Centerville 1880 Main Street Centerville, MN 55038 Re: Flashing Lights for School Crossing Our File No. 6I6.98.8O1 Dear Jim: All work associated with this project on C.S.A.U. f4 is complete. The tw3 lights are functioning properly and we recommend final payment to the contractor. The original contract amount was 59,490.00 with Electrical Installation & Maintenance Company. Payment was made early in 1999 for 50% of this amount. or 54,745.00. Since then, the contractor has completed both light installations, restoration around the poles, and all miscellaneous items. We recommend thr. City pay the 2 and final amount of S4,745.00. Also, A.i:z:ua County has been contacted amid hza accepted the project. if there ate que&tions, can be rt a.hau st 651. 6044868. Very truly yours, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES E! Thomas W. Peterson TWP /tor cc: Paul Palzer• City of Centerville Ken Pysick, Electrical Installation &. Maintenance Company Jane Pemble, Anoka County 2335 West Highway 36 • St. Paul, MN 55113 • 651-636-4600 • Fax: 6S1. 636-1311 MEMO DATE : May 19, 1999 TO : Honorable Mayor and Council FROM : Jim March RE : Lake Area Utility Building Purchase Agreement Included in your packet is a copy of the executive summary and recommendations from the phase one environmental site assessment that was completed for the Lake Area Utility property. Included in the executive summary section are two important recommendations that the Council needs to discuss. One of the recommendations involves taking soil samples of the drainfield area. I have a meeting scheduled with Willie Lessard to discuss some final issues to the purchase agreement on Thursday afternoon on May 20th. I will be asking Mr. Lessard to produce any written documentation of on -site clean up activities that had occured in the past. Also included in your packet is a written quote from Ro -So Contracting delineating the costs to hook up water and sewer to the building. The quote is much higher than anticipated. Supposedly, there may be a problem with the interior drainage in the building. Paul Palzer had mentioned that the floor drains did not function in the two warehouse portions of the building. I will be asking Mr. Lessard to discuss the drainage issues relating to the floordrains in the building. A complete copy of the Phase I environmental site assessment is available at City Hall. The document is over 50 pages in length. Due to the document length, it was not copied in its entirety for inclusion in the Council packets. PROPOSAL RO -SO contracting, Inc. Undordroond UUlltY Contrition 7137 20TH AVENUE NORTH • CENTERVILLE, MN 55038 • TELEPHONE: (612) 429.2869 • FAX 429 - 0471 City of Centerville DATE 5-13-99 _ JOB No Jos NAME Public works building Lake Area building boCATION QUAN7T7'Y -- DESCRIPTION UNIT EXTENSION SANITARY SEWE' TO OFFICE 4 325.00 2 FT 6" Sch. 40 PVC 3 450.00 2,675.00 I 'r 4 50.•0 r •,r 0 AL a OUNT OF WORK PROPOSED 14 600.00 .- 4- - ' w'.1 v , 1 ),,u2( , -- I l., /6_4 I _ j4 11111111111111111111111111ESZEIMME1 :. ' . : • .:.' •111111111111111111111111111111111111111111111111 I ; 1 ■ k . C - 1 ---- 1 111111.1111111111111111111111111111111110,1 ' i _ i 1 • IMMIIIIIIIII21111111111111111111111k1 1 i 1 1 • 111111. .., I ., 1 ' ; I 4 mg =cm II 1111111,111.111 I - i i sannornon nannio f , ; 1 Ill ' i 111•MAIMI•• •1111011111-. I I 1 , 1 • .,.. ; a • 1 MI MI IMO I t‘: 1 ' n 4 4 I --- ; N. • - 4,---f_ , s , , • „hi --- 1_ I I , I 1 I . _i_., • , , -- [ , AN I , , -- i 1 i . 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"tr . . 7 A CALIFS 7_uv_af 4 aaauto, seat...ice, and 74a41" "A Northern Environmentar 372 West County Road D Hydrologists • Engineers • Geologists New Brighton, MN 55112 551-635-9100 800. 77&7169 May 19, 1999 Fax 551. 635-0643 (CTV -02- 1207 -5362) Mr. Jim March City of Centerville 1880 Main Street Centerville, Minnesota 55038 RE: Phase I Environmental Site Assessment Update, Lake Area Utilities Site, 6995 - 20th Avenue South, Centerville, Minnesota, 55038 1.0 EXECUTIVE SUMMARY Northern Environmental has performed a Phase 1 Environmental Site Assessment Update of approximately two acres of the Lake Area Utilities property at 6995 - 20th Avenue South in Centerville, Minnesota. The previous Phase I Environmental Site Assessment was completed November, 1995 and included more property than that currently being assessed. Figure 1 depicts the general location of the property. The property is owned by Lake Area Utilities, Inc. Two buildings, a shed, a telecommunications tower, a well, and septic system are located at the property. The shed is owned by Levques, Inc., a company currently leasing space on the telecommunications tower, and reportedly contains telecommunications equipment. Currently, a portion of one of the buildings is occupied by an internet business. The remaining space is vacant. Past occupants have included Bor Mor, Inc. and Case Corporation, which purchased Bor Mor, Inc. Until recently, the work floor spaces in the two buildings were utilized for assembly, maintenance and storage of construction equipment by Case Corporation. Substances handled by Case Corp. are reported to include small amounts of oils, antifreeze, paints, solvents and other materials used in equipment maintenance activities. A diesel fuel aboveground storage tank was formerly located at the property. A small release is known to have been associated with the tank. The tank was removed late 1995, and excavation and cleanup ` activities were reportedly conducted. Written documentation regarding the extent of the release and the subsequent cleanup activities was not available from the site representative. This Phase I Environmental Site Assessment update was performed in conformance with the scope and limitations of the American Society of Testing and Materials Standard Process E 1527 -97. ` This Phase I Environmental Site Assessment has revealed no evidence of Recognized Environmental Conditions (RECs) in connection with the property, except for: R EC 1: The drains from the shop area of Building #1 discharge to the septic system. Therefore, the potential exists for contamination to be present in the drainfield area due to potential spills associated with former site 1 WISCONSIN • Milwaukee • Green Bay • Waupun • Park Falls ILLINOIS • Northbrook CANADA • Calgary MINNESOTA • 5t. Paul • Brainerd • Rochester MICHIGAN • Detroit REC 2: Indications of a release associated with the former diesel fuel aboveground storage tank were reported during completion of the previous Phase I Environmental Site Assessment. Written documentation to confirm cleanup activities was not available. RECOMMENDATIONS Based on the findings and conclusions of this Phase I Environmental Site Assessment, Northern Environmental recommends the following: REC 1: Soil sampling should be conducted in the area of the drainfield (north of Building #1 and east of Building #2) to assess whether potential spills of equipment maintenance chemicals inside Building #1 have been discharged to the drainfield area and have impacted soil conditions in that area. REC 2: Written documentation of on -site cleanup activities should be obtained and reviewed. In addition, debris and other materials at the property no longer in use should be removed and disposed of properly. If additional information regarding past site activities or potential off -site sources of contamination becomes available, this information should be reviewed and the need for additional assessment should be re- evaluated. Should you have any questions regarding the scope or conclusions of our assessment, please contact us at 635 -9100. Sincerely, Northern Environmental Technologies, Incorporated , Lisa R. Fay it Environmental Scientist Douglas J. Bergstrom, PG, CHMM Director, Special Projects LRF /njf Attachments ® 1999 Northem Environmental Technologies, Inc. 2 • PURCHASE AGREEMENT THIS AGREEMENT is made as of May �, 1999, between Willie Lessard (marital status) ( "Seller "), and City of Centerville, a municipal corporation ( "Buyer "). In consideration of this Agreement, Seder and Buyer agree as follows: 1. Sale o£ Property. Seller agrees to sell to Buyer, and Buyer agrees to bug from Scher, the following property (collectively, "Property "): (a) Real Property. The real property located in Anoka County, Minnesota. described on the attached Exhibit A ('Land ") together with i(1) all buildings and improvements constructed or located on the Land ( "Buildings ") and (2)) all easements and rights benefiting or appurtenant to the Land (collectively the "Real Property "), (b) Personal Property. All of the personal property situated in or about the Real Prcperty owned by Seller, including without limitation, that described on the inventory attached to this Agreement as Exhibit B ( "Personal Property "). (c) Leases. Seller's interests as lessor in all of the leases as described on the rent roll attached to this Agreement as Exhibit C ( "Leases "). (d) Contract. Seller's interests in the service and maintenance contracts, equipment leases and other contracts regarding the Real Proper and the Personal Property described on the attached Exhibit D ( "Contracts "). (e) Warranties. Seller's interests in all warranties and guaranties given to, assigned to or benefiting Seller or the Real property of the Personal Property regarding the acquisition, construction, design, use, operation, management or maintenance of the Real Property and the Personal Property ( "Warranties "), (£) Plans, All originals and copies of the as-built blueprints, plans and specifications regarding the Real Property and the Personal Property, if any ( "Plans "). (g) $&s. All records of Seller regarding the Real Properly and the Personal Property, including all records regarding management and leasing, real estate taxes and assessments, insurance, tenants, maintenance, repairs, capital improvements and services, but excluding tax returns and such other records as are normally viewed as confidential, provided that such other records are not necessary, in Buyer's reasonable judgment, to the continued operation, management and leasing of the Real Property and the Personal Property ( "Records "). • 2. Purchase Price and Manner of Payment The total purchase price ( "Purchase • Price") to be paid by Buyer to Seller for the Property shall be Three Hundred Twenty-Five Thousand and Noi 100 Dollars ($325,000.00) and shall be payable as follows: (a) ;5,000.00 as eanest money, the deposit of which i: hereby acknowledged. (b) S320,000.00 in cat or by wire transfer of U.S. Federal Funs to be paid en the Closing Date. Contingencies. The obligations of Buyer, trader t: ".is Agreement are contingent upon each of the following: (a) Represeutatiops jgd Warranties. The representations and warranties of Seller contained in this Agreement must be true now and on. the Closing Date as if made on the Closing Date and Seller shall hew delivered to Buyer at, closing a certificate dated the Closing Date, signed by an authorized representative of Seller, certifyir:.g that such representations and warranties are true as of the Closing Date (the "Bring -down Certificate"). (b) Mlle. Title shah have been found acceptable, or been made acceptable in accordance with the requirements and terms of Section 6 below. (0) ferfortnaace of Seller's Ob1ieations. Seller shall have performed all of the obligations required to be performed by Seiler under this Agreement.,. as and when required by this Agreement Included within the obligations of Seller under this Agreement shall be the following: (0 Seller shall allow Buyer, and Buyer's agents, access to the Rea' property without charge and at all reasonable times for the purpose of Buyer's investigation and testing the same. Buyer shall pay all costs and expenses of such investigation and testing and shall hold Seiler and the Real Property hartnless from all costs and liabilities relating to the Buyer's activities. Buyer shall further repair and restore any damage to the Real Property caused by or occurring during Buyer's testing and return the Real Property and/or Personal Property to substantially the same condition as existed prior to such entry. (ii) Seller shall, at its cost and expense, cause the Real Property to be surveyed by a Registered Land Surveyor properly licensed to practice in the State of lelinnesota and reasonably acceptable to Buyer. The survey shall be prepared in accordance with the requirements of Exhibit E and shall be delivered to Buyer one month before the Closing Date. (iii) Cho or before June 3, 1949, Seiler shall deliver to Buyer true and comet copies of all Leases, Contracts, Permits, Warranties, Plans. Records and Pertained Encumbrances for Buyer's review end analysis. 2 • (d) Lease Approval, Buyer shall find the leases by tenants to be acceptable and/or obtaining Estoppel Certificates from the tenants in a form acceptable to Buyer. (e) Testing, Buyer shall have determined, on or before the Contingency Date. that it is satisfied with the results of and matters disclosed by soil tests, engineering inspections, hazardous waste and environmental reviews of the Property, all such tests, inspections and reviews to be obtained at Buyer's sole cost and expense. except that if a Phase II Environmental onmental Survey is necessary, it shall be paid for by Seller. (f) Document Review. Buyer shall have detenmined, on or before the Contingency Date, that it is satisfied with its review and analysis of the Leases, Contracts, Permits, Warranties, Plans, Records and Permitted Encumbrances. (g) Financing. Buyer shall have received on or before the Closing Date [a Commitment acceptable to Buyer for] the proceeds of financing necessary and sufficient is Buyer's opinion to implement Buyer's plans for and complete the purchase of the Property. The "Contingency Date" shall be June 25, 1999. if any such contingency has not been satisfied on or before the stated date, then this Agreement may be terminated, at Buyer's option, by written notice from Buyer to Seller. Such notice of termination may be given at any time on or before the Closing Date. Upon such termination, the Earnest Money and any interest accrued thereon shall be released to Buyer and upon such return, neither parry will have any further rights or obligations regarding this Agreement or the Property. All the contingencies set forth in this Agreement are specifically stated and agreed to be for the sole and exclusive benefit of the Buyer and the Buyer shall have the right to unilaterally waive any contingency by written notice to Seller 4. Closing. The closing of the purchase and sale contemplated by this Agreement shall occur on July 1, 1999 (the "Closing Date "). The Closing shall take place at a mutually agreeable location, Seller agrees to deliver possession of the Property to Buyer on the Closing Date, subject to the rights of tenants under the Leases in their capacity as tenants. A. 8.eller's Closing Documents. On the Closing Date, Seller shall execute and/or deliver to Buyer the foliowing (collectively "Seller's Closing Documents "): (1) Deed. A Warranty Deed, in form reasonably satisfactory to Buyer, conveying the Real Property to Buyer, free and clear of all encumbrances, except the Permitted Encumbrances hereafter defined. (2) Bill of Sale. A Warranty Bill of Sale, in form reasonably' satisfactory to Buyer, conveying the Personal Property to Buyer, free and clear of all encumbrances. (3) Assignment of Leases. An Assignment of Leases, in form reasonably satisfactory to Buyer, conveying with warranties the Leases and any security deposits, prepaid rents or collections and guarantees regarding the Leases to Buyer. free and clear of all encumbrances. (4) Assignment of Contracts. An Assignment of Contracts, in form reasonably satisfactory to Buyer, conveying with warranties the Contracts to Buyer, free and clear of all encumbrances, together with the consent of all parties having a right to consent to such Assignment. (5) Assignment of Permits. An Assignment of Permits, in form reasonably satisfactory to Buyer, conveying with warranties the Permits to Buyer, free and clear of all encumbrances, together with the consent of all parties having a right to consent to such Assignment. (6) Assienntent of Warranties. An Assignment of Warranties, in form reasonably satisfactory to Buyer, conveying with warranties the Warranties to Buyer, free and clear of' all encumbrances, together with the consent of all parties having a right to consent to such Assignment. (7) Revised Rent Roll. A revised rent roll, in the form of attached Exhibit C, accurate as of the Closing Date; (8) Notices to Tenants. Notices to the tenants under the Leases, in form reasonably satisfactory to Buyer, advising them of the sale of the Property and directing them to make future lease payments to Buyer at the place designated by Buyer. (9) Title Policy. The Title Policy, or a suitably marked up Commitment for Title Insurance initiated by Title, in the form required by this Agreement. (10) Brinu- dowaCertificate. The Bring -down Certificate. (11) Seller's Afijdavit. An Affidavit of' Titie by Seller indicating that on the Closing Date there are no outstanding, unsatisfied judgments, tax liens or bankruptcies against or involving Seller or the Real Property; that there has been no skill, labor or material furnished to the Real Property for which payment has not been made or for which mechanics' liens could be filed; and that there are no other unrecorded interests in the Real Property, together with whatever standard owner's affidavit andior indemnity (ALTA Form) which may be required by Title to issue an Owners Policy of' Title Insurance with the standard exceptions waived. (12) Security Deposits and Prepaid Rents. All security deposits and prepaid rents under the Leases, including valid transfers of any noncash securities or documents held for such purposes. 4 (13) Original Documents. Original copies of the Leases, the Contracts, the Permits, the Warranties, the Plans and the Records. (14) FIRPTA Affidavit. A non - foreign affidavit, properly executed and in recordable form, containing such information as is required by IRC Section 1445(bx2) and its regulations. (15) Owner's Duplicate Certificates of Title. The owners duplicate certificates of title regarding the .Real Property. (16) JRS Reporting Fong. The appropriate Federal Income Tax reporting fort, if any is required. (17 ) Other Documents. All other documents reasonably determined by Buyer to be necessary to transfer the Property to Buyer free and clear of all encumbrances. B. Buyer's Closing Documents. On the Closing Date, Buyer will execute and/or deliver to Seiler the following (collectively, "Buyer's Closing Documents "): (1) Purchase Price. The Purchase Price, by wire transfer of U.S. Federal Funds. or by certified check. (2) Assumption Agreement. An Assumption. Agreement, pursuant to which Buyer will assume all obligations of Seller under the Leases, the Contracts and the Permits that accrue after the Closing Date. (3) Tide Documenk. Such affidavits of Purchaser, Certificates of Value or other documents as may be reasonably required in order to record the Seller's Closing Documents and issue the Title Insurance Policy required by this Agreement. 5. prorations. Seller and Buyer agree to the following proration and allocation of casts regarding this Agreement: (a) Title insurance and Closing Fee. Seller will pay all costs of the Title Evidence, the ALTA. Form B 1970 Owner's Title Policy and the fees charged by Title for any escrow required regarding Buyer's Objections. Buyer will pay all additional premiums required for the issuance of any Title Policy required by Buyer. Seller and Buyct will each pay one -half of any reasonable and customary closing fee or charge imposed by any closing agent designated by the Title Company. CO peed Tax. Seller shall pay all state deed tax regarding the Warranty Deed to be delivered by Seller under this Agreement. (c) Real Estate Taxes and Special Assessments. Seller and Buyer will each pay one- half of all special assessments levied, pending or constituting a lien against the Real Property as of the Closing Date including, without limitation, any 5 • installments of special assessments including interest payable with general real estate taxes in 1999. Since Seller owns a ganger tax parcel than the Property sold to Buyer, and a lot split will occur to accomplish this sale, Seller will only pay that percentage of special assessments determined by the square foorege of the Property as the numerator and the complete square footage of the tax parcel as the denominator. General real estate taxes and installments of special assessments payable therewith payable in 1998 and all prior years will be paid by Seller. General real estate taxes payable in 1999 shall be prorated by Seller and Bu3-er as of the Closing Date based upon a calendar fiscal yeas. The real estate tax proration shall also calculate the percentage of the Property being purchased by Buyer of the entire tax parcel owned by Seller. Seller shall pay all deferred real estate taxes or special assessments which may become payable as a result of the sale contemplated hereby. (d) Basic Rents. All basic rent and other charges under the Lases will be prorated as of the Closing Date. (e) k.ecording Costs. Seller will pay the cost of recording all documents necessary to place record title in the condition warranted and requested by Seller in this Agreement. Buyer will pay the cost of recording all other documents. (f) Other Cpsts. All other operating costs of the Property, will be allocated between Seller and Buyer as of the Closing Date, so that Seller pays that part of suck other operating costs payable through tb.e Closing Date, and Buyer pays that part of such operatine costs payable after the Closing Date. (g) Attorney's Fees. Each of the parties will pay its teem attorneys fees, except that a party defaulting under this Agreement or any closing document will pay the reasonable attorneys' fees and court costs incurred by the nondefaulting party to enforce its rights regarding such default, (h) Flo Main Decertification. The Property is currently designated as being located within a floodplain by the Federal Emergency Management Administration (FEMA). Seller has applied to decertify the Property from the floodnlain status. Seller and Buyer agree to equally divide all costs and expenses tc accomplish this decenification. 6. Title Examination. Title Examination will be conducted as follows: (a) Seller's Title Evidence, Seller shall, within 30 days after the date of this Agreement, furnish the following (collectively, "Title Evidence ") to Buyer; (1) Title Insurance Commitment, A. commitment ("Title Commitment ") for an ALTA Form B 1970 Owner's Policy of Title Insurance insuring title to the Real Property, deleting standard exceptions and including affirmative insurance regarding zoning, contiguity, appurtenant 6 easements and such other matters as may be identified by Buyer, in the amount of the Purchase Price, issued by a title insurance company of Buyer's choice ("Title "). The Title C onunth ent will commit Title to insure title. to the Property subject oniv to the Permitted Encum7-ances. If the Property is abstract property, Seller shall also deliver to Tine or Buyer an Abstract of Title to the Real Property certified to a current date to include all appropriate judgment and banhzpicv searches, (2j Sur e-v. A survey prepared by a registered land surveyor licensed to practice in the state where the Peal Property is located shoveng the Real Property and location of all buildings and easements thereon and such other information and containing such matters as set forth in Ethibit E attached hereto and made a part hereof. (3) UCC Searches. A report of UCC Searches made of the Uniform Commercial Code records of the Secretary of State of Minnesota, showing no UCC filings regarding any of the Property. (b) fluver'.s Ohieotions, Within 15 days after receiving the last of the Title Evidence. Buyer will make written objections ( "Objections') to the force and/or contents of the Title Evidence. Buyer's failure to make Objections within such time period will constitute waiver of Objections, Any matter shown on such Title Evidence and not objected to by Buyer shall be a "Permitted Encumbrance" hereunder. Seller will have 6C days after receipt of the Objections to cure the Objections, during which period the Closing will be postponed as necessary. Seller shall use its best efforts to correct any Objections. To the extent an Objection can be satisfied by the payment of money, Buyer shall have the right to apply a portion of the cash payable to Seller at the Closing to satisfaction of such Objection and the amount so applied shall reduce the amount of cash payable to Seller at the Closing. If the Objections are not cured within such 60 day period, Buyer will haw the option to do any of the following: (1) Terminate this Agreement and receive a refund of the Earnest Money and the interest accrued and unpaid on the Earnest Money, if any, (2) Withhold from the Purchase Price an amount which., in the reasonable judgment of Title, is sufficient to assure cure of the Objections. Any amount so withheld will be placed in escrow with Title, pending such cure. If Seller does not cure such Objection within ninety (90) days after such escrow is established, Buyer may then cure such Objections and charge the costs of such cure (including reasonable attomey's fees) • a sing the escrowed amount. If such escrow is established, the parties agree to execute and deliver such documents as may be reasonably required by Title, and Seller agrees to pay the charges of Title to create and administer the escrow, • (3) Waive the objections and proceed to close. (c) Title Policy. Seller will furnish to Buyer at closing the title policy ( "Title Policy ") issued by Title pursuant to the Commitment, or a suitably marked up Commitment initiated by Title undertaking to issue such a Title Policy in the form required by the Commitment as approved by Buyer. 7. Qperation Prior to Closing. During the period from the date of the Seller's acceptance of this Agreement to the Closing Date (the "Executory Period "). Seller shall operate and maintain the Property in the ordinary course of business in accordance with prudent, reasonable business standards, including the maintenance of adequate liability insurance and insurance against loss by fire, windstorm and other hazards, casualties and contingencies, including vandalism and malicious mischief However, Seller shall execute no contracts, leases or other agreements regarding the Property during the Executory Period that are not terminable on or before the Closing Date, without the written consent of Buyer, which consent may be withheld by Buyer at its sole discretion. 8. Representations and Warranties by Selig. Seller represents and warrants to Buyer as follows: (a) Title to Real Property. Seller owns the Real Property, free and clear of all encumbrances except the Permitted Encumbrance identified on Exhibit F attached hereto (the "Permitted Encumbrances "). (b) Title to Personal Property. Seller owns the Personal Property, free and clear of all encumbrances. (c) Leases. Seller has made available to Buyer a correct and complete copy of each Lease and all its amendments. The information regarding the Leases contained in attached Exhibit _ is correct and complete as of the date of this Agreement. The Leases are in MI force and neither Seller, nor any tenant, is in default under the Leases. There are no other leases or possessory rights of others regarding the Real Property. (d) Contracts. Seller has made available to Buyer a correct and complete copy of each Contract and its amendments. The Contracts are in full force and neither Seller, nor any other party to the Contracts, is in default under the Contracts. All other contracts in effect regarding the Property are terminable on or before the Closing Date. (c) Utilities, Seller has received no notice of actual or threatened reduction or curtailment of any utility service now supplied to the Real Property. (f) Assessments. Seller has received no notice of actual or threatened special assessments or reassessments of the Real Property. 8 (g) Environmental haws. To the best knowledge of Seller after due inquiry, no toxic or hazardous substances or wastes, pollutants or contaminants (including, without limitation, asbestos, urea formaldehyde, the group of organic compounds known as polychlorinated biphenyls, petroleum products including gasoline, fuel oil, crude oil and various constituents of such products, and any hazardous substance as defined in the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ( "CER.CLA "), 42 U.S.C. § 9601 -9657, as amended) have been generated, treated, stored, released or disposed af, or otherwise placed, deposited in or located on the Property, nor has any activity been undertaken on the Property that would cause or contribute to (i) the Property to become a treatment, storage or disposal facility within the meaning of, or otherwise bring the Property within the ambit o.`, the Resource Conservation and Recovery Act of 1976 ( "RCRA "), 42 U.S.C. § 6901 et sz., or any similar state law or focal ordinance, (ii) a release or threatened release of toxic or hazardous wastes or substances, pollutants or contaminants, from the Property within the meaning of, or otherwise bring the Property within the ambit of. CERCLA, or any similar state Iaw or Iocal ordinance, or (iii) the discharge of pollutants or effluents into any water source or system, the dredging or filling of any waters or the discharge into the air of any emissions, that would require a permit under the Federal Water Pollution Control Act, 33 U.S.C. § 1251 et es�g., or the Clean Air Act, 42 U.S.C, § 7401 .t ,ate., or any similar state law or local ordinance. To the best knowledge of Seiler after due inquiry, there are no substances or conditions in or on the Property that may support a claim or cause of action under RCRA, CERCLA or any other federal, state or local environmental statutes, regulations, ordinances or other environmental regulatory requirements, including without limitation, the Minnesota Environmental Response and Liability Act, Minn. Stat. 115B ( "MERLA ") and the Minnesota Petroleum Tank Release Cleanup Act, Minn. Stat. 115C. To the best knowledge of Seller after due inquiry, no above ground or underground tanks, are located in or about the Property, or have been located under, in er about the Property and have subsequently been removed or filled, To the extent storage tanks exist on or under the Real Property such storage tanks have been duly registered with all appropriate regulatory and governmental bodies and otherwise are in compliance with applicable Federal, state and local statutes, regulations, ordinances and other regulatory requirements. (h) hts o£ Others to Purchase Pronem. Seller has not entered into any other contracts for the sale of the Property, nor are there any rights of first refusal or options to purchase the Property or any other rights of others that might prevent the consummation of this Agreement. (i) ,Seller's Defaults. To the best knowledge of Seller, Seller is not in default concerning any of its obligations or liabilities regarding the Property. 0) FIRPTA. Seller is not a "foreign person ". "foreign partnership ", "foreign trust" or "foreign estate" as those terms are defined in Section 1445 of the Internal Revenue Code. 9 (k) Use of Real Propem•. To the best knowledge of Seller, the Real Property is usable for its current uses without violating any federal, state, local or other governmental building. zoning, health, safety, platting, subdivision or other law, ordinance or regulation, or any applicable private restriction, and such use is a legal conforming use (1) proceedings. There is no action, litigation, investigation, condemnation or proceeding of any kind pending or [to the best kziowledge of Seller] tlseatened against Seller or any portion of the Property. (m) Brokerage Commission. There are no claims for brokerage commission or other payments with respect to the existing Property, including leases which will survive and remain unpaid after the Date of Closing. (n) Condition. To the best .knowledge of Seller, the buildings. structures and improvements included within the Property art structurally sound and in good repair and in first-class condition, and all mechanical. electrical, heating, air conditioning, drainage, sewer, water and plumbing systems are in proper working order. Seller will indemnify Buyer, its successors and assigns, against, and will hold Buyer, its successors and assigns, harmless from, any expenses or damages, including reasonable attorneys' fees, that Buyer incurs because of' the breach of any of the above representations and warranties, whether such breach is discovered before or after closing. Each of the representations and warranties herein contained shall survive the Closing. 9. Representations and Warranties by Buyer. Buyer represents and warrants to Seller that Buyer is duly incorporated and is in good standing under the laws of the State of Minnesota; that Buyer is duly qualified to transact business in the State of Minnesota; that Buyer has the requisite of corporate power and authority to enter into this Agreement and the Buyer's Closing Documents signed by it; such documents have been duly authorized by all necessary corporate action on the part of Buyer and have been duly executed and delivered; that the execution, delivery and performance by Buyer of such documents do not conflict with or result in violation of Buyer's Articles of Incorporation or Bylaws or any judgment, order or decree of any court or arbiter to which Buyer is a party; such documents are valid and binding obligations of Buyer, and are enforceable in accordance with their terms. Buyer will indemnify Seller, its successors and assigns, against, and will bold Seller, its successors and assigns, harmless from, any expenses or damages, including reasonable attorneys' fees, that Seller incurs because of the breach of any of the above representations and warranties, whether such breach is discovered before or after closing. Consummation of this Agreement by Seller with knowledge of any such breach by Buyer will not constitute a waiver or release by Seller of any claims due to such breach. 10. Damage. [f, prior to the Closing Date, all or any part of the Property is substantially damaged by fire casualty, the elements or any other cause, Seller shall immediately 10 give notice to Buyer of such fact and at Buyer's option (to be exercised within thirty days after Sellers notice) this Agreement shall terminate, in which event neither party will have any further obligations under this Agreement and the Earnest Money, together with any accrued interest, shall be refunded to Buyer. If Buyer fails to elect to terminate despite such damage, or if the Property is damaged but not substantially, Seller shall promptly commence to repair such damage or destruction and return the property to its condition prior to such damage. If such damage shall be completely repaired prior to the Closing Date then there shall be no reduction in the Purchase Price and Seller shall retain the proceeds of all insurance related to such damage. Buyer shall have the right to delay the Closing Date until repair is completed. If Seller shall fail to diligently proceed to repair such damage that Buyer shall have the right to require a closing to occur and the Purchase Price (and specifically the cash portion payable at the Closing Date) shall be reduced by the cost of such repair or at Buyer's option, the Seller shall assign to Buyer all right to receive the proceeds of all insurance related to such damage and the Purchase Price shall remain the same. For purposes of this Section. the words "substantially damaged" mean damage that would cast $25,000.00 or more to repair, 11. Condor nation. If, prior to the Closing Date, eminent domain proceedings are commenced against all or any part of the Property, Seller shalt immediately give notice to Buyer of such fact and at Buyer's option (to be exercised within thirty days after Seller's notice), this Agreement shall terminate, in which event neither party will have further obligations under this Agreement and the Earnest Money together with any accrued interest, shall be refunded to buyer- If Buyer shall fail to give such notice then there shall be no reduction in the Purchase ?rice, and Seller shall assign to Buyer at the Closing Date all of Seller's right, title and interest in and to any award made or to he made in the condemnation proceedings. Prior to the Closing Date, Seller shall not designate counsel, appear in, or otherwise act with respect to the condemnation proceedings without Buyer's prior written consent. 12. Mutual Indemnification. Seller and Buyer agree to indemnify, each other again., and hold each other harmless from, all liabilities (including reasonable attorney's fees in defending against clams) arising out of the ownership, operation or maintenance of the Property for their respective periods of ownership. Such rights to indemnification will not arise to the extent that (a) the party seeking indemnification actually receives insurance proceeds or other cash payment directly attributable to the liability in question (net of' the cost of collection, including reasonable attorneys' fees) or (b) the claim for indemnification arises out of the act or neglect of the party seeking indemnification. If and to the extent that the indemnified party has insurance coverage, or the right to make claim against any 'third party for any amount to be indemnified against as set forth above, the indemnified party will, upon full performance by fne indemnifying party of this indemnification obligations, assign such rights to the indemnifying party or, if such rights are not assignable. the indemnified party will diligently pursue such rights by appropriate legal action or proceeding and assign the recovery and/or right of recovery to the indemnifying party to the extent of the indemnification payment made by such perty. 13. Survival. All of the tents of this _Agreement will survive and be enforceable after the Closing. 11 14. Notices. Any notice required or permitted to be given by any party upon the other is given in accordance with this Agreement if it is directed to Seller by delivering it personally to an officer of Seller, or if it is directed to Buyer, by delivering it personally to an officer of Buyer, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed as follows: If to Seller: Willard Lessard 21080 Floral Bay N. Forest Lake Township, MN 55025 If to Buyer: City of Centerville 1880 Main Street Centerville, MN 55038 .4tm: Jim March, City Administrator Notices shall be deemed effective on the earlier of the date of receipt or the date of deposit as aforesaid; provided, however, that if notice is given by deposit, that the time for response to any notice by the other party shall commence to run one business day after any such deposit. Any party may change its address for the service of notice by giving written notice of such change to the other party. in any manner above specified, 10 days prior to the effective date of such change. 15. Miscellaneous Terms. (a) The Seller agrees to cap the well on the Property and to pay for the expense of capping the well. (b) The Seiler agrees to remove the septic system on the Property and to pay for the expense of removing the septic system. (c) The Seller agrees to connect sewer and water to the building and to pay for all expenses associated with connecting sewer and water to the building. (d) The Buyer agrees to waive the local water and sewer hook -up charges. (e) The Seller agrees to pay for the Metropolitan Council SAC charges against the Property. 16. Cannons. The paragraph headings or captions appearing in this Agreement are for convenience only, are not a part of this Agreement and are not to be considered in interpreting this Agreement. 17. Entire Agreement; Modification. This written Agreement constitutes the complete agreement between the parties and supersedes any prior oral or written agreements between the parties regarding the Property. Then are no verbal agreements that change this 12 Agreement and no waiver of any of its terms will be effective unless in writing executed by the parties. 18. Binding Effect. This Agreement binds and benefits the parties and their successors and assigns. 19, Controlline Law, This Agreement has been made under the laws of the State of Minnesota, and such laws will control its interpretation. 29. Withdrawal of Offer. This Agreement shall be deemed to be withdrawn unless accepted by Seller and a fully executed counterpart of this Agreement returned to Buyer on or before May 28, 1999. Seller and Buyer have executed this Agreement as of the date first written above, SELLER: Willie Lessard BUYER: CITY OF CENTERVILLE By Its 50282_1 13 EXHIBIT D Service and Maintenance Contracts 17 EXHIBIT F Permitted Encumbrances 19 MEMO DATE : May 19, 1999 TO : Honorable Mayor and Council FROM : Jim March RE : Deer Pass - Final Plat, Grading Plan and Developer's Agreement Included in your packets are copies of the final plat and grading plan for the proposed subdivision to be known as Deer Pass. At the time of this annotation, City Engineer Tom Peterson is reviewing the final plat and grading plan. Mr. Peterson will share any final comments at next week's meeting. The developer's agreement is being drafted for this development. The developer's agreement will be delivered as soon as it is completed. bQNtSIKVV KVStNt RNUtKLIK tir 0,10701711 V9 /2T /Y7 II:e, ly :VL/UG NV:000 Coneetroa ads nt AnOrkk Ara ALGCiWPL M. 11 an MromaPve Arkin/Equal Op.*Malty Employer B onestroo IfMOp1IIt Ottu a. •OMIrro °, I.E. • Jo,,pn C Andenik, P.F. • Marvel I Sa•vah. P.E. • oS �@ 01Erin R. Cook, /d. • R•Ben G. SGIwnlrh, PE. • leery A Bourdon. nE Rose E few-, W. Rosen% R0, Mfhhr9 E. !tsMr, PF. pM Siam M MOM. CPA.. Smo• Canna/Ens 0 Andertik & .490110* PrInelpalt Simnel A. Unfold. PE. • Kenn A Caninn. I. • Roeert R HOMO. /.R • dehmd W Falter PE, • David 0. GOKkola, Pt • Rawl C Au:wk, 4.14 • Mar• A. Kansan. PC. In Michael T. RWIMRfft Pl. • Tea Kylela PF, • Semen. P under on, PE. • WO R. Rah. PE. • Ass ociates Sidney P Williamson. PE. L.S. • RoOal F anomaly • Ayw■ M. Rlnq • Mon k dr ii Y �r �,idi Meer St Path, RGSMYwr, WINMM and Si Crnud. MN • Milwaukee. WI Engineers & Architects IGMbnMF• wwwacnhatroo.rod, May 21, 1999 Mr. Jim March City of Centerville 1880 Main Street Centerville, MN 55038 Re: Deer Pass Preliminary Plat and Grading Plan Our File No. 616 -99 -104 Dear Jim: We have reviewed the revised Preliminary Plat and Preliminary Grading, Drainage, and Erosion Control Plan. Initial review and comments were submitted to you on April 28, 1999. Please forward the following comments to the developer for inclusion in the work, 1. The Implementation Schedule discusses placement of silt fence at locations shown on the plan, but the plan does not show any silt fence, Prior to grading, silt fence must be in place around the entire site. Hay bales must be Installed in ditches and other low areas to prevent erosion. 2. On Deer Pass Drive. on the inside of the 90 -degree turn, a catch basin is necessary, Grade the street to maintain crown around the curve, thus eliminating sheeting of water across the bubble. Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES 1 — w f Jrrl'� Thomas W. Peterson TWP /tmr cc: Paul Palzer. City of Centerville Gerald Rehbein, R & R Leasing Dan Schluender, BRAA 2334 West Highway 36 • St, Paul, MN 55113 • 651.636.9600 • Fax: 651 - 636.1311 • N. 111E Or E1/3 OF Sl/R ar —_—_, DEER PASS 50/4 NEl /e OF /e Or SEG IA. T.xl. R}] _ ` ' / F88°48'59 "E 659.2 1 -- /— 217.60 �} i J lb ,Bozo /__ _ moo 171.44 -\ 56.0o \ 1 / � ' 1 ` 30 Vier LAND .n_ (v c ENTE V AN COUNTY om( \ r. y n � \ I ` --- N16 Ui �� �u b IS I ‘.5 4 1 X11 1 OF C�.�, 1r jII r .l T .f n X11,0 VL/vl� 1 i / r, r ° _K e/ J F ei ^ " A. c \ /`- \ \ / I ry r ' °Q A , - - - - • a lp' KNOKN ALL MEN BY THESE PRESENTS: ThOl R k R le l Re. 9 @ 1 09 g Inc., ^ owners, of the following Property situated in the Stole of "---- ----- --- --- d al ' -.• 9 1 ■ I I \ \ 0 Minnesota, County of Maka to wit: ` 4 \ J r T s \ 1 ftt> 1 O The East Half of the South Half of the Northeast Garter of the Southeast Curter of Section 14. Township 31. Range 22, .A p7 S \ l.y \ 5 1 - � parr GaNO 1 / yl Z 1 Anoka County Minnesota. E \ \` ` l / / W Hos caused the same to be surveyed and platted as DEER PASS and do hereby dedicote to the pudic for public use (sever Ir 714RD may / / e l tu the street avenues and drainage and utility easements os shown on the plot. w � � S_ b b _ < l/ In witness were of said R & R Leosing, Inc, o Minnesota Corporation, has caused these presents 10 be signed this ; ; 5 A0 / a / $ s - ¢ day of 199_ sAA u51 N95S IL - - - FFee'Wniy C IF RkRLEASING, INC. Lii Yb SM 31Q1p _ - - Y g.. DIN 0. - R V I I I h 5 e t a S I o k��'}''e!` By . (--, ` ' 3 i � :'. u . r f r 2 ✓ ^, m u — 5893T 52�® _ p ,.. W Gerald L Reuben, President N k .., ..z. N 1 I.: It ¢ n H `jAS 8., I � Q I ., - STATE OF MINNESOTA :i_ g t I .0 y s / 1i 41 i i COUNTY OF Lip co - n z25.190 — — _ — — IR I I I d � //I' cc g = -- The foregoing instrument was acknowledged before me this day of 199_ by __ 43 S 586315 0 .763760 _ — — — N - _ Gerold L Rehbein, president of R k R Leasing. Inc. o Minnesota Corparolian, an behalf of the corporation. • w I s __ - 30 '° I I I I � 1 g §, v 6 t " ` 3•x 1 r 8,97 00 I R Notary Public. County, Minnesota a $ o � I 3,$ I ? `, co ` My Gommisaiian Expires 6 / e � I H 'z r' y o�"P� \ ( O EO ✓ a. E3 I {i ;. VVV z .'1 O 250. Go 1 I '$ F ys D i {i' \ 8 1 - a _ I hereby certify that I hove surveyed and planed the property described on this plat as DEER PASS that this plot is a correct - _ _ — J I representation of said survey. that all distances ore correctly shown on the plat In feet ond hundredths of 0 foot; that all L 586 f 1 r — — — 33(L 1 4 ° / w I . re - LA N D t ` ' monuments hove been correctly ploced in the ground os shown: that the e outside boundary line. ore correctly designated on O — l - 1 , '. CO siad plat and that there are no wetlands or public highways to be designated other than as shown an said plat. IS I I L sersr}4 E i 200.75 0 - -� 9 I — r — ✓ laoao Ronald P. Alwin, Land Surveyor \ I \ / 3 Minnesota Registration No. 1]]65 S \ •� 'O \--5 _ / fT1 STATE OF MINNESOTA ._. 0 - -- �Y Rs a I 9M1 M e g . 1 y M k w y V COUNTY OF DAKOTA et NET LAND \ ,....--.1.3. 6 K B' r W The foregoing Surveyor's Certificate woos acknowledged before Inc this day of 4. • . •• D y l 199_ by Ronald P. Men, Lond Surveyor. r _ v �- 1 • a \ — — — TI f]3.z5 I 50 _ I \ o/bl Q�j E S Jy \ � 100.00 _ C. Notary Pydie, County. Minnesota \ C 4 ^ I 3k \. NA R R - My Commissiion Expires mpyl I • I a 3).11: °% d! ''s � 1 PASS DIM — — 07 .204"; A I, + ' 58< S `996 & e % Q s e y R -,_ This plat of CENTERVILLE BUSINESS PARK was approved by the City Council of Lino Lakes. Minnesota at a regular meeting therof \ \ 4 held this _ day of 199_ and if applicable, the written comments and I \ j 8' \ C . f 1/4 1 . \ recom0ons of the Commissioner of artaim and the county Highway Engineer hove been received by the City or the L ip I or e \ - `Aj g •f� le — A^ 50 prescribed ibed 3 3O day period has Repined without ut receipt of such comments and recommendolions as provided by Minnesota 1" _ _ \ \ \ ELT / \ . 3 'a / ^ b6E'60 ' 1 I `1• 15 � I Saralee. Section 505.0 3. Subd. 2. By Mayor By gent \ \'\�� 6 / 3 I I I / / \ I / Oy . �� d / •f !LL I I CA This plat has been checLed end approved this _ day of 199_ C N> yy _/? / .l Z @@ 2 r7 I 1 II n x U I g / a °.ss" &. f a / ` \ a p,I C N I I ` Anoka County Surveyor I / u ° ' f� r'' eS i e .�e . Lss l I I M1 I I • ' \ }0 .,2 8 ,z].6z 8 0 449 B � �" r41— - i 50 1 50 VICINITY MAP TYPICAL RAMAC[ i UPSETS EASEMENT — _ l + STREET 4 • ^ —� S88•50' 29"E 659.63 \ 16 r D .ad — 1 r — � ID.aD __ - - -x uNE Of EI /2 Or 51/•2 Of In Y C-led 1El /e or 5E1 /e OF SEC. b. T.31. R. 22 I_' 10.00 S.LYI —J 1 10.- 00 1 p _ ' L U = L J •,- REAR .. . 5_ . . ... _5_.. ..L_ , .,..s, r , . ....... It y z x IH AD I o .. lO FEET N NOM AD BONG JOINNO STREET IF. ____ _ _- _ INES 8 110 LOT uNIE AND 5 FEET IN 18 MUMS 0 1HGNSY 1 5R0W ON PLAT. AT. 1 I NORTH 0 • 00401E5 l/x .IaxuuENT FOUND GRAPHIC SCALE _ f - -- NO MONUMENTS SNOWY OuH NNL BE MONIMENTED 85 A 1/2 NCH BY 11 NCH IRON PIPE AND SET ACCORDING Y e N " m Do i TO MINNESOTA STATUTES AND AWN SHALL 01 w PUCE " IN SEAR Cf THE RECORDING or RC PUT. = ME a l _ � J J ��thl tit 11 METRO to roR ME PURPOSE C DAS PLAT THE EAn LK OF THE / w PEET I • r'lOOO 4--O-C!lCF41l'l IS OF TDIE • SE 1/ 5EG11CN re. rm.. 31. RNG 21 1 Imb • .• 30 n • Is ASS ASSUMED lB DEAR No0 7e'xY ENGINEERING PRELIMINARY PLAT DEER PASS R PREPARED FOR LEGAL DESCRIPTION &RLEASING GERALD REIBESN The East Half of the South Half of the BOX Quarter of the Southeast Coaster 324 of Section 14, Township 37, Range 22, Anoka LOCATED IN THE CTTY OF CENTERVJT J F woo. MN 55038 County, Minnesota. Subject to roads and any E easements of record. TELEPHONE: 426-1345 • we • a-3I-22 -SFDC01 OWNS. M¢O. PC The MCOQE PPOPOZrY ` ,l •'t ._.--# • r...... s - n NOTES - •:8'48 59•'2 'i . • -291 1 SETBACK DIMENSIONS 14 .60' 19 0.20 " ARE SHOWN THUS t �—' -_ .\ 1 1. OI. N' ,\ - -♦ - ♦, _ �� _ _ _ TOTAL ACREAGE 4. 436.>63 aR.tt. - 10.03 0.0x0 L r_` -,....5— S --� _ — b 4 1 • TOTAL NUMBER 105 .. 14 '\ t`. x.. �>� ■ ♦ I. , ue m D/ \- b i. ■ 1 DENSITY RA - 3 T,I 1 0 - AVERAGE LOT SIZE - 350,000 31,198 salt ■ 8.0 noes .. 0.72 enea ! .v I . le APRX. GREEN SPACE i 1 ' I. _ T GREEN SPACE/TOTA - sa 14,073 - sGn __ ___ ___ 8 4 B i I �! $' . `� ii L - SOS .4 �x \ A 1Ii }I / 8 /J. ItV 19.788 *1L V �I �iaa 1 6 1 5Z.15UD I ,, • ' w r i :i PROPOSED PLAT ZONING 1 / / -1lb �2 ., -1/4 .z A ' S5 A \ 1 / 54.949 sail. , . ' • • g?� ` 1 70' I < ' "K R-5 (SINGLE FAMILY RESIDENTIAL) Po • 14-31-12-.006 `?9 - _ 6 � u 1 ADJACENT PROPERTY ZONING OWNS:" lb EMTQAMS lama ■ / it I � 2 1 'a R 1 (Rurd Rosa) as .AG MG .0.7 N F I , p 2,12 R-2 (seism iwn]Y Rash) • N8554'IJ'W 348.40' 1 % I 51341 0 _ I 14 ,sift. I L 2 w 1 F F R 5 (Single Forney Redd) • i / •m' 4_ I „ ! graphically a t left. �i 1 •Zonvrq shown ~ I M259''20 n Q - CURB �.A W �t� bN / I I I L -zQ 34 - -3a 1 ' Z i i - 89 m 1 - I I AI) 41'34 . v r _ ` � � uw I 29 9 15422 1 1 ! - `' . 1' -- . r '' T YPICAL EASEMENTS LEGEND m 7F J �I \ / i 14,912 soft 9 • - � „, � , i t i n .. 00 51: v a n i , i / i w '' '''...;.1 \ m W m ••• � V d L � ' I� , E • _ , I 589 - 31' 1 l I I s i 1PIGL dMINAQ 1 U11/TV £A 11FNT 7 FOOT LPVTCQR INIER \ - o $ - � ? . 6 0 < f I , 1:I 2 8 , 1 15 aa, ' j — 1 - / / \ ' Fl w j� STREET _ _ _c,,s - DENOTES Gas LINE t s I • q � p . w` sT 586 I S3Dra' 4 13 .. . . 1 , � "II \ I I 1 I ' sO fl IQ00 L� 500 IO.Oa • DENOTES WATER MAIN 1 1 -14-31-21-41-0015 V .‘t- 0 BSI I 1 • ' It , — — 1 J L _� _ © 00401ES GAS RAPIER lit iii " OWTHi a E M TRAYS \ � ♦ � I ••` 4 \ ,SOT e9.lt. - "I k N O O ®TO- DENOTES TELEPHONE BOX `� . - . . 1 , I I )8 . :I Te _ DENOTES POKER POLE , ' r I [3� REAR LIN NE 1 :1a d 1 i DENOTES RE HYDRANT �` 5 / , ♦ / �$ . 1 Y 4 1 - .. . . rr euc ro FEET ..n,H 4140.416 s�rr �. DENOTES EXISTING 1aEnsNo N �� `\ \ m ll ! 2 .se « w 4 7015 IL 1 � \ I 11 ADJOIN SCE LOT um r oT1�ur� L �� ' 51.01. ON THE eAT. l / • ZONING .41-5 t. ♦ 1 4� A �' 025 l I ?3 ; „ y Po -14-34-22-41-0014 YA•E s ♦ ,y \ 1 4 OYWSS 4 £ M TRAVIS N 3 29% / v le ; $$. Pi- .°. + I P r ma, 'ug S U11LffY CONTACTS VICINITY MAP -- ••• e \ • • - . L /� • � 4 ♦ - " � ' `�e8 \ 9sar I 1 L�XU ENERGY sanM WATER it � ' • I/! y \ ua' ( 4O i R Scheduling Paul : 42 •• 5' �. . b T • , ;1 Phone (6121 323 -4215 Phone: 429 -3232 . , . • \ 3 \ 1; 60 spil o' y 6990 k 'yS �• , \• 1 ' Fax: 530-9500 Fax: (8511129 -%29 $ ? \ 6 14,92 sp La PO. IA-31-12-4S-0013 1 V♦ - �`. ' \ ,� I 14 jA1 son t . f M 8 ; i1NE5m0c.kOS, • = OMER 4 6 M - MAAS - \ I y !% w 3 ,�. ,,; i i'l MNnegasc0 AND MAMA 636 - INC e Y -•\ l 14.524 pa rt g 4, Rappin Mike Moen Tan Pederson • ° -,\ • / \4 ` u Phone t672) 321 5430 Phone: \ _ e (65 b00 I - - pC it . • ,\ • / i t .e n g \ ry A Fan (0127 3zr -s4ao Fox: (65N 6]6 -7377 F Iw : / s 8 ' 2 - .-8 j 1 FI PRIME .UURies .napped from 1: -' i � - . 1 1 1 1 VS s sr data e - 1 ` T \ • ♦ ! ` 4 • 1 \ \ \ \ III III Bob BbyneyA- ta gnther6d from preceding sources /hex 1': 1 1.i - I1t rxx - --± - _ \ I 1 Phone 7JO -1367 are tions 1 - - Wm _ - - -- 1 I Fax: )3 0.1383 ' lS' "�".-- 12)62' 9101' \ 1 I i P 50•187- STATE ONE CALL BEFORE )la Street < ', 90.& I DIGGING Te1AphNn boas. • PO • I f 588 "F. 659.63' t i i I Omign - I teBL[ One yae .poA maker, . gene pone L - a- 31-22 - 44.00; I-PoN12:31- a�". a- 3AT2- 44-0035 I PO • a �1%11-44-0O34 FlO a -3r- 22-44.0033 a -3V22- 44-0032 I Liz MoSx x. hlNpnte field ob Power OWT@ D E D SANT !1 -0036 -C K LA45CN Lr • Is p ad l ZOO- a l L � •.r, T I' I ' i1 = Tax: March 1999, 4 n REPORT GRAPHIC SCALE ' DRAM n a. am Jog Na for - zum S HEE 3/20/116 PLAN NOTES 1 , _.._ eY un uWFft p CT 1 � AtM � is �� pEat 0Y: IIP1pEC Mteaa - SIN IsHEFT: 1 M 1 Ir y'� I {�� T 1 AY Y .a yp D • - UOFA a® lalLell�V _ _ • ,• r smug ROME PER GOY Lv �Tj >; ()F ,a ! • -+ 1�1 ���/� w + F o P utalY bCalNna win N+befi SFE YTN1Y fUM. \■ '3 re�' 9 � H LAND —� �, l .'y WmM ADYST fAFAIEII LALAM" CP I �• rya _ se al as a �ili�0 sugmnriNG ( d rm) _ 3 a/rrM IKND 1o1x AEII trlr u for proposed d'aNage. eu «t w a .n.u, control awew.., may% �a� � ∎�i�m4� 1 1 4 111114 lEllA 111//11 at �, �� n , SEE WADING. CRAMATY AND COMMIX PLAN. 1. Na. -61- 1 NORTH DA E • Roc. NO. f7Je� r'mw.bmawurOH.4llrSrin • e pe .rwzmngesasu FINAL GRADING, DRAINAGE • PREPARED ,: LEGAL DESCRIPTION LOT TYPES & EROSION CONTROL PLAN R & R LEASING PAL WALK OUT SPLIT SNOW WALK a, LOOK our DEER PASS C u t y . nlf of .he b ect o r of the _ t — t a •-• e GERALD REHBffiT Northeast Quarter of the Southeast Quarter 1G BOX 324 of Section 14, Township 31, Range 22, Anoka �!!�� • HUGO, MN County, Mi nnes Subject to roods and any record. easements of record. ll - a ,2 TELEPHONE 426-1345 ,.., a ". t o s e e e LOCATED IN THE CITY OF CENTERVILLE - L 1 WEIR DETAIL • 1 .-RI : -- L � w, IMPLEMENTATION SCHEDULE ROCK CONSTRUCTION ENTRANCE • � • � • a 1 1 j ` r 1 r r) PRIOR 0 ROUGH pfd MSTMI SILT FENCE. Ma WS NL nr.Y BALES 905.8] S , . , • `1 TW > eau 9 a0 \ Tr ,w 1Ye gMNe M LOCATIONS SHOWN M 49 DIRECTED BY ME ENGINEER A' T)MAL _..0 i. �'l�� jne _.._ '�- -1 - — � V \ a p .1 n o re) a.uES NU. BE REQUIRED MIME LOCAL mwnws REaae R \ \ � �♦ x) PROCEED PROCEED WM RW01 ACING GR _ � � � \ i • UCLA' UCLA' 4 ; WAWA* 4O Rona 3OYdTATM PONDS, BALES AND AT ® oRECiw O PENCE(INCWOING SLED. DIYOVAL M K I.iFa RL) so.. so.. vE4RRAM 5 �/ \t Ye" �• _ p C 1 wif1Y 1!W EG .) TOPSOIL TO ew RESPREAD WORM SOILS MCAVATED FFRCOMIC C T y R* - ' . • 8 ` . V ..Ee et, II ��� s mTMmuA wt BE NOT a Rr.A OBaio THE TRC 9o as / - � _ ' L9 + ♦ 1.8. MCA S GRADING PPM 908.5 . CONTOUR O 8077011 Er NEW RERAMOS TO BE r i a � �` \ ID ' WAR .10b64 Mho ROUGHLY OtlntD (A O9lOINfAQ LAM a1CVLOApILE11f ONTO ` L [. � ''�14 � et ; O ° k. , rrKA DEPTH MT1ml ) NETIAMS) �� ^ �YY $ t- . , , e) ED FOR MO (90 f E 90E1.5 s MOM) - MOOT nPE W. Om ^ 1 umn NM mtu A IEwL r.ra MULCH MULCH TmE T (x Oxs /AOrt} N � OF • BaBaas ! It warm [®TY ^I ° NM ma91a� YA SEED FOR LGNAM AREA (007.0 - 905.5 CONTOUR) - MOJT TONE PA =CORE !AMC .... .IRA AREA ■ "� � ' I''' / � 1�� o. I ' 1 j _ 13 7t YS t IS eM SERVICES AMO APPROVED BY NM CNFEIt WATERSHED. . W SCALE ft •• 0 ` uSt MAI Nan • x 111 111 � I � , Ii i 0 W 4 LEGEND �y I / �lm, : It WEI DETAIL SI LT FENCE DETAIL ( - i m ro swC - —_ - - - `- EASING CONTOURS R I ' 11 111 I w, PROPOSED CONTOURS _ I a °' • 111111! I r 7 II ��, , ,E , = PN59 nLNS A <_ ■ > � 1 u '9 f e re---11717 R d,,. T FOOT CONTOUR INTERVAL 2 .a • �, / / /��� r , . ., rAwc oN a rty NEW SPOT ELEVATIONS a �� .°'°yea . 'or 6 11 h 5 i £ ` A _��� � I I n 1 . V ��'1 T nor r v m.+a" .mi A.Mw s: oTl HOUSE PAO AREA w/ GARAGE 6' ) • I w« I I '_ ... w.mnw :1.A9 EI.EVAnoN • , I • - _„ _ OMs NEW STORM DRAINAGE W/ C.B. 111111!!! NAa - • I 1 1 1 I I, !!!! ! �I 1 [ I › I �. Mir. u mat 11 R. . _ -I _ t e'r L ! r-c Ow EMERGENCY O'tRFIOW , . iL V J1 � al.o �] I , a 0 .55 I— A r m.c .m. A I L I SF 547 FENCE \- -• A I O n �i ° N ,/\ -� A 9L' DENOTES STREET GRADE ` ) ; 1 ' m 3 E i OENOIES HAY BALES .,_ _ 5 / • '` m 6� m i +►w Du+on:s EASnrLC WETLAND ' `` it' I C !C , ~ a r�f� " -. °^ .a DENOTES DRAINAGE AREA 906.15 4 / / ��`��� ��� ° A • A f0.. 4 l l O VICINITY MAP BALE CHECK DETAIL . 1 J l f � bi. --1. ° 1 A BALE DITCH SEDIMENT CHECK 1� stL % -/: — \� I / e ms ` (rViiiii I�. +te / / \, \ _ • .1 { y ``�► •I •�T� 918.0 iRiH ata O •. 4 ° i � .u.. v.l. P.L 1 �? '� � r. � 1.�pp�y Jr y ea+ wea. Dr" !),11 � � � " 1161011.— .R • " 0 . ; (2 ) (2csa) .��'�9' - .v _ II ..e..e.e6 n. .a.1c .. ... � � 4 „ puma wnR . � !'' '• ( A R• r� lri � elz.a � n 9120 / r � � 01M �� r* � wm � ( ��' NS .,,,..ii � i ce; 111 _I�f %�II�IH�{f�� Cr � - - � 0]M 91. »R BELOW ---- � 1 f 7 •I . L ![1 G1 N CHECK NNW WIERIA (SALM POP A mat a M um P.m e �/� Maw wtttA r.aMC (n/ "** "'ran * - I ,� v mm u - _ — 14; _1 "� _ ) ! , Wm memo. x .o.. w__ f B NOTES 1 HEREBY GOTIWY THAT 1N5 PURL SPEarCATION OR REPCtt — 1, GRAPHIC SCALE log o DOING R ea AO B elf- -) re M0 t rat -ro ET VIM WAS PREPARED BY YE OR UNGER NY DIRECT SwFRMSCM _ coot sr NA 0R0 Naal -f K. A'L tee REn.WO DELINEATION AM INTWATLM RFAEWFD BY EJOWAUG EN i } N }T � T 1 I �g RAAIOS I4B eiAH et NWINNOLTAL SEWAGE$ COUO WY. COESTI NS Ile COMMENTS RELATING AND MAT 1 AY A BRAY RF6151ERED PR(>i1S DORM N a )a% - 6 ISSUED WOAD BE DIRECTED TO PAUL N.AINwG AY PHONE UgEle ME LAWS STALE CF YNNF9aTA Intl A R 1 / � P 2 05/211 Arne we Onto e E aP (320)208-6.314 OR FAY (320)2116-631S. AND �A>•�. 1 94 ma) : e/eM A Er POI on /- fAERVa cv L ms .• m n NORTH BAOM ADRrsr WE . m 1tv MEOW m RATE; �- AEa e,0. �1 1 S1 ai miiil /Ili i t ENGI ' 1, f LL1 s 5471 Mier WTI GP A ♦ p 1111 PW *EYeOmmiaS7lI1 T c( i 455 PAS WI) ?S I2 MEMO DATE : May 19, 1999 TO : Honorable Mayor and Council FROM : Jim March RE : Floodway Reduction Update Included in your packet is a letter from H.R. Green received on May 12th that details the work that would need to occur to continue the process of revising the floodway width along Clearwater Creek west of 20th Avenue. Mr. Nyberg will be unavailable to attend our meeting on the 26th. I have spoke to Gerald Rehbein in regards to his project to revise the floodway width east of 20th Avenue. He plans to submit his information to FEMA along with a project that RCWD is pursuing to reduce the floodway width along the Clearwater Creek corridor through the City of Hugo. As Mr. Nyberg indicates in his letter, there would be a cost savings to submit this information with others submitting similar information. I am not sure how this would affect the review period required by FEMA to process the information. I have spoke to Mr. Nyberg and he has indicated that the City can send in the information at any time. I have placed a call to Jim Hoeft to discuss whether or not the City can deviate from our own ordinances to go ahead and purchase a property that is in the floodway with not enough available land out of the floodway to rebuild in case of a natural disaster. According to the Uniform Building Code, the City could rebuild a structure in the floodway as long as the building was designed to protect against flooding. • " toward R. Green Company CONSULTING ENGINEERS May 6, 1999 File: 808170J-0240 Mr, Jim March, Administrator City of Centerville 1880 Main Street Centerville, MN 55038 RE: REVISED FLOODWAY WIDTH ALONG CLEARWATER CREEK WEST OF 20' AVENUE, CENTERVILLE, MINNESOTA Dear Mr. March: We understand that the Centerville City Council wilt be discussing the floodway revision to Clearwater Creek west of 20 Avenue at a future City Council meeting. This letter presents a summary of the proposed revisions, a description of the Flood Insurance Rate Map (FIRM) revision process, and the estimated fees necessary to complete this work, As authorized at the City Council meeting on January 13, 1999, we have completed a preliminary floodway revision to the Clearwater Creek floodpiain model. An exhibit Illustrating the potential revised floodway on Clearwater Creek west of 20 Avenue is attached for reference. The proposed floodway 1s shifted significantly to the north of the present Poodway location, and Is almost entirely north of the property formally known as the Lake Areas Utilities Property. The proposed floodway also avoids the building on the Stevens property. The new corridor would be approximately 100 feet wide, and our modeling efforts show that there will only be a minor increase in the water surface elevation upstream within the floodway. On Wednesday, May 5, 1999, we met with Mr, Paul Fetzer, City of Centerville Public Works Director, and the engineers for RCWD. After discussion, Mr. Fetzer recommended that we summarize the estimated costs associated with coordinating and processing a Letter of Map Revision (LOMR) with FEMA. The procedure for the LOMR submittal is described In the National Flood Insurance Program regulations and rules, last revised on May 1, 1998, In Part 65.7, identification and Mapping of Special Hazard Areas: Roodway Revisions. The following tasks are anticipated In order to obtain approval of the change from FEMA: O-SPROJJB08170J\ 1704606.may, deo 1325 Energy Perk Drive • Sr, Paul, MN 55108. d51/844.4iRq My A 1lone CA A@ 4 .n w _ SO/ O'd 6172Z Pb9 ti59 '00 N3380 8H 65:60 �666t- LZ -A8W Mr. March May B, 1999 Page 2 1. Prepare the application for a LOMR. This will involve the following tasks? • final formatting and calibration of the modeling data • researching any necessary information requested in the application • coordinating the necessary community public notices and state agency review process We anticipate our fee for this work will be approximately $1520.00, 1. Submission of the completed LOMR application. This requires a use fee ranging from 53,100.00 to 54,700.00, payable to FEMA at the time o' submission. The exact amount of the fee depends on the type of request and the complexity of the request. We were advised by a representative of FEMA's engineering subcontractor, Dewberry and Davis, that this fee is likely to be $4,000.00 for this project. This fee is in accord with the fee schedule published in the Federal Register an January 11, 1999, which became effective on March 1, 1999. The fee is charged by FEMA it order tc cover all costs associated with the review and processing requests for map revisions. 2. Follow up coordination with FEMA and its engineering subcontractor, Dewberry and Davis. After receipt of the application materials, an acknowledgement letter will be sent either confirming receipt of all necessary materials, or requesting additional items necessary to complete the review. Upon receipt of everything needed. the agency hes 90 days to process and review the application. Our fee for this work will be an an hourly basis, and Is estimated to be approximately $400,00. it is important to note that these fees are only estimates, and are based solely on a variety of assumptions regarding the amount of time needed to prepare the required Information and coordinate with FEMA. Delays have been incurred in the past on similar projects, and additional correspondence has been necessary. The City of Centerville may be able to realize cost savings on this project by waiting to submit this revision with changes proposed by Mr. Gerald Rehbein. RCWD is currently revising the hydraulic and hydrologic model along the entire stretch of Clearwater Creek upstream of the City of Centerville. Following completion of their work, Mr. Rehbein may be authorizirg us to submit a LOMR for portions of Clearwater Creek running through his property. The Vy could realize cost savings by Jointly submitting this LOMR application with Mr. Rehbein, 0:1PRON3013170„170.0508.,, ,,.,Lloward R. Green Company CONSULTING ENGINEERS SO/26'd 6422 449 TS9 OO N33J9 dH 65 ;60 666T -LT -ACW Mr. March May 6, 1999 Page 3 since the user fee, as described above In Item 2, could be shared, along with the fees described in Items 1 and 3. RCWD hopes to have their analysis completed sometime later this year. We will be in attendance at the May 12 City Council meeting to further discuss this tem with you. We look forward to working with you, and please feel free to call us if you have any questions. Sincerely, HOWARD R. GREEN COMPANY L David E. Nyberg, P.E. Project Manager Attachment O:IPROJ oWard R, Green Company CONSUL?!NG ENGINEERS S0i170'd 6b£Z 4b9 1S9 '03 N3380 aH 00:07 666t- LT-A8W S0'd 10101 9 14 1 10 REVISED o � „ FLOODWAY �� wnor c s • \ � � I �� ~ 12 zs z6 Lo `• FLOOD W4Y / iii>r OUST ��� - ..�• j gibe et ao 4 + C I 26 25 2 1 ED _ - 1 - ---�_ . i 1 - F � Vii' , r pi 100 - YR FL00DPLAIN 1 I- o a I i 18 19 20 ' 2 / <411 " i I I / 1 Z. STREET 2z $ i � g 23 � U 10 U 3 j 8 e C ad t, � �... ,�. f� f i f L SE a R F GEN un � "IR -- -'.. nnrwi sou �a rtmwav ary iunealcc S0 /S0'd 6 t 1749 :S9 OJ N33J�J JH 00 666T- LT -IHW MEMO DATE : May 19, 1999 TO : Honorable Mayor and Council FROM : Jim March RE : Amendment to Centerville Floodplain Ordinance ************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Included in your packet is a copy of the current floodplain ordinance. Also included is a copy of a letter that was received from the DNR specifying the amendments that are required to our ordinance. Council needs to approve the amendments in the letter as specified by the DNR. The DNR will automatically approve the amendments and send the information to FEMA. The amendments are required to be able to continue as a participant in the national flood insurance program. There are many homeowners in the community that participate in the national flood insurance program. These amendments need to be adopted prior to June 2, 1999. The changes will become effective after publication. MEMO DATE : May 19, 1999 TO : Honorable Mayor and Council FROM : Jim March RE : Floodway Reduction Update Included in your packet is a letter from H.R. Green received on May 12th that details the work that would need to occur to continue the process of revising the floodway width along Clearwater Creek west of 20th Avenue. Mr. Nyberg will be unavailable to attend our meeting on the 26th. I have spoke to Gerald Rehbein in regards to his project to revise the floodway width east of 20th Avenue. He plans to submit his information to FEMA along with a project that RCWD is pursuing to reduce the floodway width along the Clearwater Creek corridor through the City of Hugo. As Mr. Nyberg indicates in his letter, there would be a cost savings to submit this information with others submitting similar information. I am not sure how this would affect the review period required by FEMA to process the information. I have spoke to Mr. Nyberg and he has indicated that the City can send in the information at any time. I have placed a call to Jim Hoeft to discuss whether or not the City can deviate from our own ordinances to go ahead and purchase a property that is in the floodway with not enough available land out of the floodway to rebuild in case of a natural disaster. According to the Uniform Building Code, the City could rebuild a structure in the floodway as long as the building was designed to protect against flooding. Irrt ! - oward R. Green Company CONSULTING ENGINEERS May S, 1999 File: 806170J -0240 Mr. Jim March, Administrator City of Centerville 1880 Main Street Centerville, MN 55038 RE: REVISED FLOODWAY WIDTH ALONG CLEARWATER CREEK WEST OF 20 AVENUE, CENTERVILLE, MINNESOTA Dear Mr. March: We understand that the Centerville City Council will be discussing the floodway revision to Clearwater Creek west of 20" Avenue at a future City Council meeting. This letter presents a summary of the proposed revisions, a desalption of the Flood Insurance Rate Map (FIRM) revision process, and the estimated fees necessary to complete this work. As authorized at the City Council meeting on January 13, 1999, we have comoleted a preliminary floodway revision to the Clearwater Creek floodplain model. An exhibit iuustrating the potential revised floodway on Clearwater Creek west of 20 Avenue is attached for reference. The proposed floodway is shifted significantly to the north of the present `!oodway location, and is almost entirely north of the property formally known n the Lake Area Utilities Property. The proposed floodway also avoids the building on the Stevens property. The new corridor would be approximately 100 feet wide. and our modeling efforts show that t "ere will only be a minor increase In the water surface elevation upstream within the floodway. On Wednesday, May 5, 1999, we met with Mr, Paul Palzer, City of Centerville Public Works Director, and the engineers for RCWD. After discussion, Mr. Palzer recommended that we summarize the estimated casts associated with coordinating and processing a Letter of Map Revision (LOMR) with FEMA. The procedure for the LOMR submittal is described in the National Flood Insurance Program regulations and rules, last revised on May 1, 1998, in Part 85.7, Identification and Mapping of Special Hazard Areas: Roodway Revisions. The following tasks are anticipated in order to obtain approval of the change from FEMA: 0-p aa.r 808170T 170.0508. may. eoc 1328 Energy Parr; Drive . St Paul, MN 56108 • 651/644s.1Re My R.v oue CAA@ 3_11 5020'd 67£Z 7179 tS? CO ' N332I9 aH SS;60 666T- Lt -ACW Mr. March May 6, 1999 Page 2 1. Prepare the application for a LOMR. This will involve the following tasks• ▪ final formatting and calibration of the mottling data • researching any necessary information requested in the application • coordinating the necessary community public notices and state agency review process We anticipate our fee for this work will be approximately $1520.00. 1. Submission of the completed LOMR application, This requires a use fee ranging from $3,100.00 to $4,700,00, payable ;o FEMA at the time o submission. The exact amount of the fee depends on the type of recluse; and the complexity of the request. We were advised by a representative of FEMA's engineering subcontractor, Dewberry and Davis, that this fee is likely to be $4,000.00 for this project. This fee is In accord with the fee schedule published in the Federal Register an January 11, 1999, which became effective an March 1, 1999. The fee is charged by FEMA ir order tc cover all costs associated with the review and processing o" requests for map revisions. 2. Follow up coordination with FEMA and its engineering subcontractor, Dewberry and Davis. After receipt of the applicator materials, an acknowledgement letter will be sent either confirming receipt of ail necessary materials, or requesting additional item:. necessary to complete the review. Upon receipt of everything needed. the agency has 90 days to process and review the application. Our fee for this work will be on an hourly basis, and Is estimated to be approximately 5400.00. It is important to note that these fees are only estimates, and are based solely on a variety of assumptions regarding the amount of time needed to prepare the required information and coordinate with FEMA. Delays have been incurred in the past on similar projects, and additional correspondence has been necessary. The City of Centerville may be able to realize cost savings on this project waiting to subrnii this revision with changes proposed by Mr. Gerald Rehbein. RCWD is currently revising the hydraulic and hydrologic model along the entire stretch of Clearwater Creek upstream of the City of Centerville. Following completion of their work, Mr. Rehbein may be autherizirg us to submit a LOMR for portions of Clearwater Creek running through his property. The c: y could realize cost savings by jointly submitting this LOMR application with Mr. Rehbein, O:\ PROJ1606170A170- 0506.nryllooJaro R. Green Company CONSULTING ENGINEERS 20 2E'd 6b£3 4b9 TS9 'OD N33JE 2iN b9:E9 £ ET- Lt -.AdW Mr. March May 8, 1999 Page 3 since the user fee, as described above In Item Z could be shared, along with the fees described in Items 1 and 3. RCWD hopes to have their analysis completed sometime later this year. We will be in attendance at the May 12'" Ctty Council meeting to further discuss this rem with you. We look forward to working with you, and please feel free to call us if you have any questions. Sincerely, HOWARD R. GREEN COMPANY David E. Nyberg, P.E. Project Manager Attachment o wRO neoea7an+ro osoe.maY.eha oward R. Green Company CONSULTING ENGINEERS S0. 67£2 PPS 729 '00 N39d5 dH 00 :0T 666T- LT -AbW g21' id 111101 ' SH r ,a 9 . Isi 10 REVISED a *s 13 FLOODWAY Ilfr-N... ` 12 rLor c zs� (94,,, \ t\ ,.,,, • \, 1 : L 41, • i --. 'N,, ,.... 1-----,.. i 1 Ill i . 25 2 • —I L e., i 14 4 % , . I ' 1)111i . atar " � ' ' � `. wawa .■! NM I- -- p1 1 1 00— YR FL000FLAIN ' 1 \ ` �' ! ' 6 ! " 20 $ \ 16 h tra (`\ %' 22 Ij 'I e S ir- . ././ : u8 r t STREET r ( ; 2 q / 2 3 c 0 , o V) 1, 000 i ,a.. arr OF c DlmR',iu.E H ate �, ,,._, 20 I �ban+trammemo.r I LAKE AREA UTILITIES STE .q rq ....,.„...�. F} AA11�1 A 1, L1 1TMWAY MN tiuruptrq S©'S0'd 65£Z tb9 723 '03 N33de JH 00:0T 666T- LT -'J:W MEMO DATE : May 19, 1999 TO : Honorable Mayor and Council FROM : Jim March RE : Amendment to Centerville Floodplain Ordinance Included in your packet is a copy of' the current floodplain ordinance. Also included is a copy of a letter that was received from the DNR specifying the amendments that are required to our ordinance. Council needs to approve the amendments in the letter as specified by the DNR. The DNR will automatically approve the amendments and send the information to FEMA. The amendments are required to be able to continue as a participant in the national flood insurance program. There are many homeowners in the community that participate in the national flood insurance program. These amendments need to be adopted prior to June 2, 1999. The changes will become effective after publication. STATE OF MINNESOTA ADOPTION OF ORDINANCE #33 -A FLOOD PLAIN ORDINANCE It is the purpose of this ordinance to promote the public health, safety, and general welfare and to minimize those losses described in Section 1.21 by provisions contained herein. The ordinance regulates statutory authorization, findings of fact, purpose, lands to which the ordinance applies, establishment of official zoning maps, regulatory flood protection elevation, interpretation, abrogation and greater restrictions, warning and disclaimer of liability, severability, definitions, accessory use or structure, basement, conditional use, equal degree of encroachment, flood, flood frequency, flood fringe, flood plain, flood- proofing, floodway, obstruction, principal use or structure, reach, regional flood, regulatory flood protection elevation, structure, variance, districts, compliance, permitted uses, standards for floodway permitted uses, conditional uses, standards for floodway conditional uses, flood fringe permitted uses, standards for flood fringe permitted uses, flood fringe conditional uses, standards for flood fringe conditional uses, storage of materials and equipment in flood fringe, standards for all flood fringe uses, subdivision review criteria, removal of special flood hazard area designation in subdivisions, public utilities, on site sewage treatment and water supply systems, manufactured homes and manufactured home parks and placement of travel trailers and travel vehicles, zoning administrator, permit requirements, board of adjustment, conditional uses, nonconforming uses, penalties for violation, and amendments. A printed copy of this amendment in its entirety is available for inspection by any person at the office of the City Clerk. This summary adopted this 28th day of December, 1988. t , &, x pus Mayor • • Clerk /Admini r to • • ` 're` • ` ter v i i t e Established 1857 1694 Sorel Street • Centerville, 1/L ( 55038 • (612) 429.3232 CITY OF CENTERVILLE COUNTY OF ANOKA STATE OF MINNESOTA NOTICE IS HEREBY GIVEN that public hearing will be held before the City Council of the City of Centerville at the City Hall on Wednesday, March 11, 1992 at 7 :00 p.m. The purpose of the hearing will be to hear all persons present regarding the possibility of amending Ordinance tt33 -A DISTRICT FLOODPLAIN MANAGEMENT ORDINANCE as follows: Now Reads: Section 9.33 Travel trailers and travel vehicles exempted in Section 9,31 lose this exemption when development occurs on the parcel exceeding dollars for a structural addition to the travel trailer /travel vehicle or an accessory structure such as a garage or storage building. The travel trailer /travel vehicle and all additions and accessory structures will then be treated as a new structure and shall be subject to the elevation /flood proofing requirements and the use of land restrictions specified in Sections 4.0 and 5.0 of this Ordinance. Amend to Read: Section 9.33 Travel trailers and travel vehicles exempted in Section 9.31 lose this exemption when development occurs on the parcel exceeding $500.00 dollars for a structural addition to the travel trailer /travel vehicle or an accessory structure such as a garage or storage building. The travel trailer /travel vehicle and all additions and accessory structures will then be treated as a new structure and shall be subject to the elevation /flood proofing requirements and the use of land restrictions specified in Sections 4.0 and 5.0 of this Ordinance. Dated: February 11, 1992. Signed: c� %./mA ✓T 41 zio7 ' / ' Tamara M. Midt t er' • Clerk /Administrator CITY OF CENTERVILLE COUNTY OF ANOKA STATE OF MINNESOTA AMENDMENT TO ORDINANCE # 33 -A This is an Amendment to Ordinance #33 -A District Flood Plain Management Ordinance, Two -Map Format: Add to Section 4.45: (c) Accessory structures shall be elevated on fill or structurally dry flood proofed in accordance with the FP -1 or FP -2 flood proofing classifications in the State Building Code. As an alternative an accessory structure may be flood proofed to the FP -3 or FP -4 flood proofing classification in the State Building Code provided the accessory structure constitutes a minimal investment, does not exceed 500 square feet in size, and for a detached garage, the detached garage must be used solely for parking of vehicles and limited storage. All flood proof accessory structures must meet the following additional standards as appropriate. (1) The structure must be adequately anchored to prevent floatation, collapse or lateral movement of the structure and shall be designed to equalize hydrostatic flood forces on exterior walls; and (2) Any mechanical and utility equipment in a structure must be elevated to or above the Regulatory Flood Protection Elevation or property flood proofed. Add to Section 7.0 SUBDIVTSTONa - subscript 2 as follows: This Section is not intended as a substitute for a comprehensive city or county subdivision ordinance. It can, however, be used as an interim control until the comprehensive subdivision ordinance can be amended to include necessary flood plain management provisions. Delete from Section 8.2: 2 This Section is not intended as a substitute for a comprehensive city or county subdivision ordinance. It can, however, be used as an interim control until the comprehensive subdivision ordinance can be amended to include necessary flood plain management provisions. Flood Plain Amendment page two Section 10.35 Decisions. NOW READS: The Board shall arrive at a decision on such appeal or Variance within _ days. In passing upon an appeal, the Board may, so long as such action is in conformity with the provisions of this Ordinance, reverse or affirm, wholly or in part, or modify the order, requirement, decision or determination of the Zoning Administrator or other public official. It shall make its decision in writing setting forth the findings of fact and the reasons for its decisions. In granting a Variance the Board may prescribe appropriate conditions and safeguards such as those specified in Section 10.46, which are in conformity with the purposes of this Ordinance. Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this Ordinance punishable under Section 12.0. A copy of all decisions granting Variances shall be forwarded by mail to the Commissioner of Natural Resources within ten (10) days of such action. AMEND TO READ: The Board shall arrive at a decision on such appeal or Variance within 45. days. In passing upon an appeal, the Board may, so long as such action is in conformity with the provisions of this Ordinance, reverse or affirm, wholly or in part, or modify the order, requirement, decision or determination of the Zoning Administrator or other public official. It shall make its decision in writing setting forth the findings of fact and the reasons for its decisions. In granting a Variance the Board may prescribe appropriate conditions and safeguards such as those specified in Section 10.46, which are in conformity with the purposes of this Ordinance. Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this Ordinance punishable under Section 12.0. A copy of all decisions granting Variances shall be forwarded by mail to the Commissioner of Natural Resources within ten (10) days of such action. Passed by the City Council this 24th day of May, 1990. George Haberman, Mayor ATTEST: Tamara M. Miltz- Miller. Clerk /Administrator ORDINANCE #33A DISTRICT FLOOD PLAIN MANAGEMENT ORDINANCE, TWO -MAP FORMAT SECTION 1.0 STATUTORY AUTHORIZATION, FINDINGS OF FACT AND PURPOSE 1.1 S atuto v Authori.a ion: The legislature of the State of Minnesota has, in Minnesota Statutes Chapter 104 and M.S. Chapter 462, Section 462.357 delegated the responsibility to local government units to adopt regulations designed to minimize flood losses. Therefore, the City Council of the City of Centerville, Minnesota does ordain as follows: 1.2 Findings of Fant: 1.21 The flood hazard areas of Centerville, Minnesota, are subject to periodic inundation which results in potential loss of life, loss of property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare. 1.22 Methods Used to Analyze Flood Hazards. This Ordinance is based upon a reasonable method of analyzing flood hazards which is consistent with the standards established by the Minnesota Department of Natural Resources. 1.3 Statement of P, pose: It is the purpose of this Ordinance to promote the public health, safety, and general welfare and to minimize those losses described in Section 1.21 by provisions contained herein. SECTION 2.0 GENERAL PROVTSTONS 2.1 Lands to Which Ordinance Applies: This ordinance shall apply to all lands within the jurisdiction of the City of Centerville shown on the Official Zoning Map and /or the attachments thereto as being located within the boundaries of the Floodway or Flood Fringe Districts. 2.2 Establishment of Official Zoning Map: The Official Zoning Map together with all materials attached thereto is hereby adopted by reference and declared to be a part of this ordinance. The attached material shall include the Flood Insurance Study for the City of Centerville prepared by the Federal Insurance Administration dated June, 1989 and the Flood Boundary and Floodway Map dated December 4, 1989 and Flood Insurance Rate Map dated December 4, 1989 therein. The Official Zoning Map shall be on file in the -1- Office of the City Clerk /Administrator and the County Auditor. 2.3 Regulatory Flood Protection Elevation: The Regulatory Flood Protection Elevation shall be an elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the flood plain that result from designation of a floodway. 2.4 interpretation: 2.41 In their interpretation and application, the provisions of this Ordinance shall be held to be minimum requirements and shall be liberally construed in favor of the Governing Body and shall not be deemed a limitation or repeal of any other powers granted by State Statutes. 2.42 The boundaries of the zoning districts shall be determined by scaling distances on the Official Zoning Map. Where interpretation is needed as to the exact location of the boundaries of the district as shown on the Official Zoning Map, as for example where there appears to be a conflict between a mapped boundary and actual field conditions and there is a formal appeal of the decision of the Zoning Administrator, the Board of Adjustment shall make the necessary interpretation. All decisions will be based on elevations on the regional (100 -year) flood profile and other available technical data. Persons contesting the location of the district boundaries shall be given a reasonable opportunity to present their case to the Board and to submit technical evidence. 2.5 Abreaation and Greater Restrictions: It is not intended by this Ordinance to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Ordinance imposes greater restrictions, the provisions of this Ordinance shall prevail. All other ordinances inconsistent with this Ordinance are hereby repealed to the extent of the inconsistency only. 2.6 Warnin& and Disclaimer of Liability: This Ordinance does not imply that areas outside the flood plain districts or land uses permitted within such districts will be free from flooding or flood damages. This Ordinance shall not create liability on the part of City of Centerville or any officer or employee thereof for any flood damages that result from reliance on this -2- Ordinance or any administrative decision lawfull made thereunder. 2.7 Severability: If any section, clause, provision, or portion of this Ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Ordinance shall not be affected thereby. - 2.8 D finitions: Unless specifically defined below, words or phrases used in this Ordinance shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this Ordinance its most reasonable application. 2.811 Accessory Use or Structure - a use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. 2.812 Basement - means any area of a structure, including crawl spaces, having its floor or bvase subgrade (below ground level) on all four sides, regardless of the depth of excavation below ground level. 2.813 Conditional USA - means a specific type of structure or land use listed in the official control that may be allowed but only after an in- depth review procedure and with appropriate conditions or restrictions as provided in the official zoning controls or building codes and upon a finding that: (1) certain conditions as detailed in the zoning ordinance exist and (2) the structure and /or land use plan if one exists and are compatible with the existing neighborhood. 2.814 Equal Degree of Encroachment - a method of determining the location of floodway boundaries so that flood plain lands on both sides of a stream are capable of conveying a proportionate share of flood flows. 2.815 Flood - a temporary increase in the flow or stage of a stream or in the stage of a wetland or lake that results in the inundation of normally dry areas. 2.816 Flood Frequency - the frequency for which it is expected that a specific flood stage or discharge may be equalled or exceeded. 2.817 Flood Frince - that portion of the flood plain outside of the floodway. Flood fringe is synonymous with the term "floodway fringe" used in the Flood Insurance Study for the City of Centerville. 2.818 Flood Plain - the beds proper and the areas adjoining a wetland, lake or watercourse which have been or hereafter may be covered by the regional flood. 2.819 Flood- Proofing - a combination of structural -3- provisions, changes, or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages. 2.820 Eliodwav - the bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining flood plain which are reasonably required to carry or store the regional flood discharge. 2.821 Ohstuctica - any dam, wall, wharf, embankment, levee, dike, pile, abuttment, projection, excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory flood plain which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water. 2.822 Principal Use or Structure - means all uses or structures that are not accessory uses or structures. 2.823 Reach - a hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or man -made obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most typically constitute a reach. 2.824 Regional Flood - a flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 100 -year recurrence interval. Regional flood is synonymous with the term "base flood" used in the Flood Insurance Study. 2.825 Regulatory Flood Protection Rievation. - The Regulatory Flood Protection Elevation shall be an elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the flood plain that result from designation of a floodway. 2.826 Structure - anything constructed or erected on the ground or attached to the ground or on -site utilities, including, but not limited to, buildings, factories, sheds, detached garages, cabins, manufactured homes, travel trailers /vehicles not meeting the exemption criteria specified in Section 9.31 of the ordinance and other similar items. 2.827 Variance - means a modification of a specific permitted development standard required in an official control including this ordinance to allow -4 an alternative development standard not stated as acceptable in the official control, but only as applied to a particular property for the purpose of alleviating a hardship, practical difficulty or unique circumstance as defined and elaborated upon in a community's respective planning and zoning enabling legislation. SECTION 3.0 FSTABrTSRMFNT OF ZONTNG DISTRICTS 3.1 Districts: 3.11 Floodwav District. The Floodway District shall include those areas designated as floodway on the Flood Boundary and Floodway Map adopted in Section 2.2. 3.12 Flood Fringe District. The Flood Fringe District shall include those areas designated as floodway fringe on the Flood Boundary and Floodway Map adopted in Section 2.2. 3.2 Compliance: No new structure or land shall hereafter be used and no structure shall be located, extended, converted, or structurally altered without full compliance with the terms of this Ordinance and other applicable regulations which apply to uses within the jurisdiction of this Ordinance. Within the Floodway and Flood Fringe Districts, all uses not listed as permitted uses or conditional uses in Sections 4,0, 5.0 and 6.0 that follow, respectively, shall be prohibited. In addition, a caution is provided here that: 3.21 New manufactured homes, replacement manufactured homes and certain travel trailers and travel vehicles are subject to the general provisions of this Ordinance and specifically Section 9.0; 3.22 Modifications, additons, structural alterations or repair after damage to existing nonconforming structures and nonconforming uses of structures or land are regulated by the general provisions of this Ordinance and specifically Section 11.0; and 3.23 As -built elevations for elevated or flood proofed structures must be certified by ground surveys and flood proofing techniques must be designed and certified by a registered professional engineer or architect as specified in the general provisions of this Ordinance and specifically as stated in Section 10.0 of this Ordinance. SECTION 4.0 FTOODWAY DTSTRTCT m Wl 4.1 permitted Uses: 4.11 Ganeral farming, pasture, grazing, outdoor -5- plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting. 4.12 Industrial - commercial loading areas, parking areas, and airport landing strips. 4.13 Private and public golf courses, tennis courts, driving ranges,_ archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, and single or multiple purpose recreational trails. 4.14 Residential lawns, gardens, parking areas, and play areas. 4.2 Standards for Floodwav Permitted Uses: 4.21 The use shall have a low flood damage potential. 4.22 The use shall be permissible in the underlying zoning district if one exists. 4.23 The use shall not obstruct flood flows or increase flood elevations and shall not involve structures, fill obstructions, excavations or storage of materials or equipment. 4.3 Conditional Uses: 4.31 Structures accessory to the uses listed in 4.1 above and the uses listed in 4.32 -4.38 below. 4.32 Extraction and storage of sand, gravel, and other materials. 4.33 Marinas, boat rentals, docks, piers, wharves, and water control structures. 4.34 Extraction and storage of sand, gravel, and other materials. 4.35 Storage yards for equipment, machinery, or materials. 4.36 Placement of fill. 4.37 Travel trailers and travel vehicles either on individual lots of record or in existing or new subdivisions or commercial or condominium type campgrounds, subject to the exemptions and provisions of Section 9.3 of this Ordinance. 4.38 Structural works for flood control such as levees, dikes and floodwalls constructed to any height where the intent is to protect individual structures and levees or dikes, where the intent is to protect agricultural crops for a frequency flood event equal to or less than the 10 -year frequency flood event. -6- 4.4 Standards for Floodwav Conditional Uses: 4.41 All Uses.' No structure (temporary or Permanent), fill (including fill for roads and levees), deposit, obstruction, storage of materials or equipment, or other uses may be allowed as a Conditional Use that will cause any increase in the stage of the 100 -year or regional flood or cause an increase in flood damages in the reach or reaches affected. 4.42 All floodway Conditional Uses shall be subject to the procedures and standards contained in Section 10.4 of this ordinance. 4.43 The conditional use shall be permissible in the underlying zoning district if one exists. 4.44 Fill: (a) Fill, dredge spoil and other similar materials deposited or stored in the flood plain shall be protected from erosion by vegetative cover, mulching, riprap or other acceptable method. (b) Dredge spoil sites and sand and gravel operations shall not be allowed in the floodway unless a long -term site development plan is submitted which includes an erosion /sedimentation prevention element to the plan. (c) As an alternative, and consistent with Subsection (b) immediately above, dredge spoil disposal and sand and gravel operations may allow temporary, on -site storage of fill or other materials which would have caused an increase to the stage of the 100 -year or regional flood but only after the Governing Body has received an appropriate plan which assures the removal of the materials from the floodway based upon the flood warning time available. The Conditional Use Permit must be title registered with the property in the Office of the County Recorder. 4.45 Accessory Structures: (a) Accessory structures shall not be designed for human habitation. (b) Accessory structures, if permitted, shall be constructed and placed on the building site so as to offer the minimum obstruction to the flow of flood waters. (1) Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction of flood flow, and, -7- • (2) So far as practicable, structures shall be placed approximately on the same flood flow lines as those of adjoining structures. 4.46 Storage of Materials and Equipment: (a) The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. (b) Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning and in accordance with a plan approved by the Governing Body. 4.47 Structural works for flood control that will change the course, current or cross section of protected wetlands or public waters shall be subject to the provisions of Minnesota Statute, Chapter 105. Community -wide structural works for flood control intended to remove areas from the regulatory flood plain shall not be allowed in the floodway. 4.48 A levee, dike or floodwall constructed in the floodway shall not cause an increase to the 100 -year or regional flood and the technical analysis must assume equal conveyance or storage loss on both sides of a stream. SECTION 5.0 FLOOD FRINGE DTSTRTCT Cal 5.1 Permitted Uses: Permitted Uses shall be those uses of land or structures listed as Permitted Uses in the underlying zoning use district(s). If no pre - existing, underlying zoning use districts exist, then any residential or non residential structure or use of a structure or land shall be a Permitted Use in the Flood Fringe provided such use does not constitute a public nuisance. All Permitted Uses shall comply with the standards for Flood Fringe "Permitted Uses" listed in Section 5.2 and the standards for all Flood Fringe "Permitted and Conditional Uses" listed in Section 5.5. 5.2 Standards for Flood Fringe Permitted Usea: 5.21 All structures, including accessory structures, must be elevated on fill so that the lowest floor including basement floor is at or above the Regulatory Flood Protection Elevation. The finished fill elevation for structures shall be no lower than one (1) foot below the Regulatory Flood Protection Elevation and the fill shall extend at such elevation at least fifteen (15) feet beyond -8- 4.I the outside limits of the s t f th structure erected thereon. 5.22 As an alternative to elevation on fill, accessory structures that constitute a minimal investment and that do not exceed 500 square feet for the outside dimension at ground level may be internally flood proofed in accordance with Section 4.45 (c). 5.23 The cumulative placement of fill where at any one time in excess of one- thousand (1,000) cubic yards of fill is located on the parcel shall be allowable only as a Conditional Use, unless said fill is specifically intended to elevate a structure in accordance with Section 5.21 of this ordinance. 5.24 The storage of any materials or equipment shall be elevated on fill to the Regulatory Flood Protection Elevation. 5.25 The provisions of Section 5.5 of this Ordinance shall apply. 5.3 Conditional Uses: Any structure that is not elevated on fill or flood proofed in accordance with Section 5.21 -5.22 or any use of land that does not comply with the standards in Section 5.23 -5.24 shall only be allowable as a conditional Use. An application for a Conditional Use shall be subject to the standards and criteria and evaluation procedures specified in Sections 5.4- 5.5 and 10.4 of this Ordinance. 5.4 Standards for Flood Fringe Conditional User: 5.41 Alternative elevation methods other than the use of fill may be utilized to elevate a structure's lowest floor above the Regulatory Flood Protection Elevation. These alternative methods may include the use of stilts, pilings, parallel walls, etc., or above - grade, enclosed areas such as crawl spaces or tuck under garages. The base or floor of an enclosed area shall be considered above -grade and not a structure's basement or lowest floor if: 1) if the enclosed area is above -grade on at least one side of the structure; 2) is designed to internally flood and is constructed with flood resistant • materials; and 3) is used solely for parking of vehicles, building access or storage. The above -noted alternative elevation methods are subject to the following additional standards: (a) Design and Certification - The structure's design and as -built condition must be certified by a -9- ' K registered professional engineer or architect as being in compliance with the general design standards of the State Building Code and, specifically, that all electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities must be at or above the Regulatory Flood Protection Elevation or be designed tao prevent flood water from entering or accumulating within these components during times of flooding. (b) Specific Standards for Above - grade, Enclosed Areas - Above - grade, fully enclosed areas such as crawl spaces or tuck under garages must be designed to internally flood and the design plans must stipulate: (1) The minumum area of openings in the walls where internal flooding is to be used as a flood- proofing technique. When openings are placed in a structure's walls to provide for entry of flood waters to equalize pressures, the bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of flood waters. (2) That the enclosed area will be designed of flood resistant materials in accordance with the FP -3 or FP -4 classifications in the State Building Code and shall be used solely for building access, parking cf vehicles or storage. 5.42 Basements, as defined by Section 2.812 of this Ordinance, shall be subject to the following: (a) Residential basement construction shall not be allowed below the Regulatory Flood Protection Elevation. (b) Non - residential basements may be allowed below the Regulatory Flood Protection Elevation provided the basement is structurally dry flood proofed in accordance with Section 5.43 of this Ordinance. 5.43 All areas of non residential structures including basements to be placed below. the -10- _._ .. n . �w _. . Regulatory Flood Protection Elevation shall be flood proofed in accordance with the structurally dry flood proofing classifications in the State Building Code. Structurally dry flood proofing must meet the FP -1 or FP -2 flood proofing classification in the State Building Code and this shall require making the structure watertight with the walls substantially impermeable to the passage of water and with structural components having the capability of bouyancy. Structures flood proofed to the FP -3 or FP -4 classification shall not be permitted. 5.44 When at any one time more than 1,000 cubic yards of fill or other similar material is located on a parcel for such activities as on -site storage, landscaping, sand and gravel operations, landfills, roads, dredge spoil disposal or construction of flood control works, an erosion /sedimentation control plan must be submitted unless the community is enforcing a state approved shoreland management ordinance. In the absence of a state approved shoreland ordinance, the plan must clearly specify methods to be used to stabalize the fill on site for a flood event at a minimum of the 100 -year or regional flood event. The plan must be prepared and certified by a registered professional engineer or other qualified individual acceptable to the Governing Body. The plan may incorporate alternative procedures for removal of the material from the flood plain if adequate flood warning time exists. 5.45 Storage of tlpterials anti Equipment: (a) The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. (b) Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning and in accordance with a plan approved by the Governing Body. 5.46 The provisions of Section 5.5 of this Ordinance shall also apply. 5.5 Standards for All 1 od Fr'ng it P 5.51 All new principal structures must have vehicular access at or above an elevation not more than two (2) feet below the Regulatory Flood Protection Elevation. If a variance to this requirement is granted, the Board of -11- "III Adjustment must specify limitations on the period of use or occupancy of the structure for times of flooding and only after determining that adequate flood warning time and local flood emergency response procedures exist. 5.52 Commercial Uses - accessory land uses, such as yards, railroad tracks, and parking lots may be at elevations lower than the Regulatory Flood Protection Elevation. However, a permit for such facilities to be used by the employees or the general public shall not be granted in the absence of a flood warning system that provides adequate time for evacuation if the area would be inundated to a depth greater than two feet or be subject to flood velocities greater than four feet per second upon occurrence of the regional flood. 5.53 Manufacturing and Industrial Uses - measures shall be taken to minimize interference with normal plant operations especially along streams having protracted flood durations. Certain accessory land uses such as yards and parking lots may be at lower elevations subject to requirements set out in Section 5.52 above. In considering permit applications, due consideration shall be given to needs of an industry whose business requires that it be located in flood plain areas. 5.54 Fill shall be properly compacted and the slopes shall be properly protected by the use of riprap, vegetative cover or other acceptable method. The Federal Emergency Management Agency (FEMA) has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100 -year flood elevation - FEMA "s requirements incorporate specific fill compaction and side slope protection standards for multi - structure or multi -lot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested. 5.55 Flood plain developments shall not adversely affect the hydraulic capacity of the channel and adjoining flood plain of any tributary watercourse or drainage system where a floodway or other encroachment limit has not bfAen specified on the Official Zoning Map. -12- . 5.56 Standards for travel trailers and travel vehicles are contained in Section 9.3. 5.57 All manufactured homes must be securely anchored to an adequately anchored foundation system that resists floatation, collapse and lateral movement. Methods of anchoring may include, but are not to be limited to, use of over- the -top or frame ties to ground anchors. This requirement is in addition to applicable state or local anchoring requirements for resisting wind forces. SECTION 6.0 Rese rved for Fu Us SECTION 7.0 SUBDIVISIONS 7.1 Review Criteria: No land shall be subdivided which is unsuitable for the reason of flooding, inadequate drainage, water supply or sewage treatment facilities. All lots within the flood plain districts shall contain a building site at or above the Regulatory Flood Protection Elevation. All subdivisions shall have water and sewage treatment facilities that comply with the provisions of this Ordinance and have road access both to the subdivision and to the individual building sites no lower than two feet below the Regulatory Flood Protection Elevation. For all subdivisions in the flood plain, the Floodway and Flood Fringe boundaries, the Regulatory Flood Protection Elevation and the required elevation of all access roads shall be clearly labelled on all required subdivision drawings and platting documents. 7.2 Removal of Special Fleo d Hazard Area Designation: The Federal Emergency Management Agency (FEMA) has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100 -year flood elevation. FEMA "s requirements incorporate specific fill compaction and side slope protection standards for multi - structure or multi -lot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested. SECTION 8.0 PUBLIC UTILITIES RAILROADS ROADS AND BRIDGES 8.1 Public Utilities. All public utilities and facilities such as gas, electrical, sewer, and water supply systems to be located in the flood plain shall be flood- proofed in accordance with • -13- the State Building Code or elevated to above the Regulatory Flood Protection Elevation. 8.2 public_ Transportation Facilities. Railroad tracks, roads, and bridges to be located within the flood plain shall comply with Sections 4.0 and 5.0 of this Ordinance. Elevation to the Regulatory Flood Protection Elevation shall be provided where failure or interruption of these transportation facilities would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area. Minor or auxiliary roads or railroads may be constructed at a lower elevation where failure or interruption of transportation services would not endanger the public health or safety. 2 This Section is not intended as a substitute for a comprehensive city or county subdivision ordinance. It can, however, be used as an interim control until the comprehensive subdivision ordinance can be amended to include necessary flood plain management provisions. 8.3 On -site Sewage Treatment and Water Supply Systems; Where public utilities are not provided: (1) On -site water supply systems must be designed to minimize or eliminate infiltration of flood waters into the systems; and (2) New or replacement on -site sewage treatment systems must be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters and they shall not be subject to impairment or contamination during times of flooding. Any sewage treatment system designed in accordance with the State's current statewide standards for on- site sewage treatment systems shall be determined to be in compliance with this Section. SECTION 9.0 MANUFACTURED HOMES AND MANUFACTURED HOME PARKS AND PLACEMENT OF TRAVEL TEA AND TRAVEL VEHICLES, 9.1 New manufactured home parks and expansions to existing mobile manufactured home parks shall be subject to the provisions placed on subdivisions by Section 7.0 of this Ordinance. 9.2 The placement of new or replacement manufactured homes in existing manufactured home parks or on individual lots of record that are located in flood plain districts will be treated as a new structure and may be placed only if elevated in compliance with Section 5.0 of this Ordinance. If - 14- =_ �_.a vehicular road . access for pre - existing manufactured home parks is not provided in accordance with Section 5.51, then replacement manufactured homes will not be allowed until the property owner(s) develops a flood warning emergency plan acceptable to the Governing Body. 9.21 All manufactured homes must be securely anchored to an adequately anchored foundation system that resists floatation, collapse and lateral movement. Methods of anchoring may include, but are not to be limited to, use of over- the -top or frame ties to ground anchors. This requirement is in addition to applicable state or local anchoring requirements for resisting wind forces. 9.3 Travel trailers and travel vehicles that do not meet the exemption criteria specified in Section 9.31 below shall be subject to the provisions of this Ordinance and as specifically spelled out in Sections 9.33 -9.34 below. 9.31 Exemption - Travel trailers and travel vehicles are exempt from the provisions of this Ordinance if they are placed in any of the areas listed in Section 9.32 below and further they meet the following criteria: (a) Have current licenses required for highway use. (b) Are highway ready, meaning on wheels or the internal jacking system; are attached to the site only by quick disconnect type utilities commonly used in campgrounds and trailer parks; and the travel trailer /travel vehicle has no permanent structural type additions attached to it. (c) The travel trailer or travel vehicle and associated use must be permissible in any pre - existing, underlying zoning use district. 9.32 Areas exempted for placement of travel /recreational vehicles: (a) Individual lots or parcels of record. (b) Existing commercial recreational vehicle parks or campgrounds. (c) Existing condominium type associations. 9.33 Travel trailers and travel vehicles exempted in Section 9.31 lose this exemption when development occurs on the parcel exceeding _ dollars for a structural addition to the travel trailer /travel vehicle or an accessory structure such as a garage or storage building. The travel trailer /travel vehicle and all additions and accessory structures -15- applications, and no other use, arrangement, or construction. Any use, arrangement, or construction at variance with that authorized shall be deemed a violation of this Ordinance, and punishable as provided by Section 12.0 of this Ordinance. 10.26 Certification. The applicant shall be required to submit certification by a registered professional engineer, registered architect, or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this Ordinance. Flood- proofing measures shall be certified by a registered professional engineer or registered architect. 10.27 Record of First - Floor Elevation. The Zoning Administrator shall maintain a record of the elevation of the lowest floor (including basement) of all new structures and alterations or additions to existing structures in the flood plain. The Zoning Administrator shall also maintain a record of the elevation to which structures and alterations or additions to structures are flood - proofed. 10.3 Boar Adjustment: • 10.31 Rules. The Board of Adjustment shall adopt rules for the conduct of business and may exercise all of the powers conferred on such Boards by State law. 10.32 Administrative Review. The Board shall hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative • official in the enforcement or administration of this Ordinance. 10.33 Variances. The Board may authorize upon appeal in specific cases such relief or variance from the terms of this Ordinance as will not be contrary to the public interest and only for those circumstances such as hardship, practical difficulties or circumstances unique to the property under consideration, as provided for in the respective enabling legislation for planning and zoning for cities or counties as appropriate. In the granting of such variance, the board of Adjustment shall clearly identify in writing the specific conditions that existed consistant with the criteria specified in the respective enabling le which justified the granting of -18- the variance. No Variance shall have the effect of allowing in any districat uses prohibited in that district, permit a lower degree of flood protection than the Regulatory Flood Protection Elevation for the particular area, or permit standards lower than those required by State law. 10.34- Hearings. Upon filing with the Board of Adjustment of an appeal from a decision of the Zoning dministrator, o g or an application for a variance, the Board shall fix a reasonable time for a hearing and give due notice to the parties in interest as specified by law. The Board shall submit by s mail to the Commissioner of Natural Resources e a copy of the application for proposed variances sufficiently in advance so that the Commissioner will receive at least ten days notice of the hearing. • 10.35 Decisions. The Board shall arrive at a decision on such appeal or Variance within _ days. In passing upon an appeal, the Board may, so long as such action is in conformity with the provisions of this Ordinance, reverse or affirm, wholly or in part, or modify the order, requirement, decision or determination of the Zoning Administrator or other public official. It shall make its decision in writing setting forth the findings of fact and the reasons for its decisions. In granting a Variance the Board may prescribe appropriate conditions and safeguards such as those specified in Section 10.46, which are in conformity with the purposes of this Ordinance. Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this Ordinance punishable under Section 12.0. A copy of all decisions granting Variances shall be forwarded by mail to the Commissioner of Natural Resources within ten (10) days of such action. 10..36 Appeals. Appeals from any decision of the Board may he made, and as specified in this community's Offical Controls and also Minnesota Statutes. 10.37 Flood Insurance Notice and Record Keeping. The Zoning Administrator shall notify the applicant for a variance that: 1) The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood -19- insurance up to amounts as high as $25 for $100 of insurance coverage and 2) Such construction below the 100 -year or regional flood level increases risks to life and property. Such notification shall be maintained with a record of all variance actions. A community shall maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its annual or biennial report submitted to the Administrator of the National Flood Insurance Program. 10.4 Conditional Uses. The City Council shall hear and decide applications for Conditional Uses permissible under this Ordinance. Applications shall be submitted to the Zoning Administrator who shall forward the application to the City Council for consideration. 10.41 Hearings. Upon filing with the City Council an application for a Conditional Use Permit, the City Council shall submit by mail to the Commissioner of Natural Resources a copy of the application for proposed Conditional Use sufficiently in advance so that the Commissioner will receive at least ten (10) days notice of the hearing. 10.42 Decisions. The City Council shall arrive at a decision on a Conditional Use within 30 days. In granting a Conditional Use Permit the City Council shall prescribe appropriate conditions and safeguards, in addition to those specified in Section 10.46, which are in conformity with the purposes of this Ordinance. Violations of such conditions and safeguards, when made a part of the terms under which the Conditional Use Permit is granted, shall be deemed a violation of this Ordinance punishable under Section 12.0. A copy of all decisions granting Conditional Use Permits shall be forwarded by mail to the Commissioner of Natural Resources within ten (10) days of such action. 10.43 Procedures to be followed by the City Council in passing on Conditional Use Permit Applications within all Flood Flain Districts. (a) Require the applicant to furnish such of the following information and additonal information as deemed necessary by the City Council for determining the suitability of the particular site for the proposed -20- use: 1) Plans in triplicate drawn to scale showing the nature, location, dimensions, and elevation of the lot, existing or proposed structures, fill storage of materials, flood- proofing measures, and the relationship of the above to the location of the stream channel. 2) Specifications for building construction and materials, flood- proofing, filling, dredging, grading, channel • improvement, storage of materials, water supply and sanitary facilities. (b) Transmit one (1) copy of the information described in subsection (a) to a designated engineer or other expert person or agency for technical assistance, where necessary, in evaluating the proposed project in relation to flood heights and velocities, the seriousness of flood damage to the use, the adequacy of the plans for protection, and other technical matters. (c) Based on the technical evaluation of the designated engineer or expert, the City Council shall determine the specific flood hazard at the site and evaluate the suitability of the proposed use in relation to the flood hazard. 10.44 Factors Upon Which the Decision of the City Council Shall Be Based. In passing upon Conditional Use applications, the City Council shall consider all relevant factors specified in other Sections of this Ordinance, and: (a) The danger to live and property due to increased flood heights or velocities caused by encroachments. (b) The danger that materials may be swept onto other lands or downstream to the injury of others or they may block bridges, culverts or other hydraulic structures. (c) The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions. (d) The susceptability of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. (e) The importance of the services provided by the proposed facility to the community. (f) The requirements of the facility for a • waterfront location. (g) The availability of alternative locations not subject to flooding for the proposed use. -21- • • (h) The compatability of the proposed use with existing development and development anticipated in the forseeable future. (i) The relationship of the proposed use to the Comprehensive Plan and Flood Plain Management Program for the area. (j) The safety of access to the property in times of flood for ordinary and emergency vehicles. (k) The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site. (1) Such other factors which are relavant to the pruposes of this Ordinance. 10.45 Time for Acting or Application. The City Council shall act on an application in the manner described above within 30 days from receiving the application, except that where additional information is required pursuant to 10.44 of this Ordinance. The City Council shall render a written decision within 14 days from the receipt of such additional information. 10.46 Conditions Attached to Conditional Use Permits. Upon consideration of the factors listed above and the purpose of this Ordinance, the City Council shall attach such conditions to the granting of Conditional Use Permits as it deems necessary to fulfill the pruposes of this Ordinance. Such conditions may include, but are not limited to, the following: (a) Modification of waste treatment and water supply facilities. (b) Limitations on period of use, occupancy and operation. (c) Imposition of operational controls, sureties and deed restrictions. (d) Requirements for construction of channel modifications, compensatory storage, dikes, levees, and other protective measures. (e) Flood- proofing measures, in accordance with the State Building Code and this Ordinance. The applicant shall submit a plan or document certified by a registered professional engineer or architect that the flood- proofing measures are consistent with the Regulatory Flood Protection Elevation and associated flood factors for the particular area. SECT :ON 11.0 NONCOMFORMLNG USES 11.1 A structure or the use of a structure or premises which was lawful before the passage or amendment of this Ordinance but which is not in conformity with the provisions of this Ordinance may be 1.z1=1nNiriued GIubjccti to the following ollowing conditions. -99- • 11.11 No such use shall be expanded, changed, enlarged or altered in a way which increases its nonconformity. 11.12 Any alteration or addition to a nonconforming structure or nonconforming use which would result in increasing the flood damage potential of that structure or use, shall be protected to the Regulatory Flood Protection Elevation in accordance with any of the elevation on fill or floodproofing techniques (i.e., FP -1 thru FP-4 floodproofing classifications) allowable in the State Building Code, except as further restricted in 11.13 below. 11.13 The cost of any structural alterations or additions to any nonconforming structure over the life of the structure shall not exceed 50 percent of the market value of the structure unless the conditions of this Section are satisfied. The cost of all structural alterations and additions constructed since the adoption of the community's initial flood plain controls must be calculated into today's current cost which will include all costs such as construction materials and a reasonable cost placed on all manpower or labor. If the current cost of all previous and proposed alterations and additions exceeds 50 percent of the current market value of the structure, then the structure must meet the standards of Section 4.0 or 5.0 of this Ordinance for new structures depending upon whether the structure is in the Floodway or Flood Fringe, respectively. 11.14 If any nonconforming use is discontinued for twelve (12) consecutive months, any future use of the building premises shall conform to this Ordinance. The assessor shall notify the Zoning Administrator in writing of instances of nonconforming uses which have been discontinued for a period of twelve (12) months. 11.15 If any nonconforming use or structure is destroyed by any means, including floods, to an extent of 50 percent or more of its market value at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this Ordinance. The applicable provisions for establishing new uses or new structures in Section 4.0 or 5.0 will apply depending upon whether the use or structure is in the Floodway or Flood Fringe District, respectively. -23- • SECTION 12.0 PENALTIES FOR VIOLATION 12.1 Violation of the provisions of this Ordinance or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of Variances or Conditional Uses) shall constitute a misdemeanor and shall be punishable as defined by law. 12.2 Nothing herein contained shall prevent the City Council from taking such other lawful action as is necessary to prevent or remedy any violation. Such actions may include but are not limited to: 12.21 In responding to a suspected ordinance violation, the Zoning Administrator and Local Government may utilize the full array of enforcement actions available to it including but not limited to prosecution and fines, injunctions, after - the -fact permits, orders for corrective measures or a request to the National Flood Insurance Progaram for denial of flood insurance availability to the guilty party. The community must act in good faith to enforce these official controls and to correct ordinance violations to the extent possible so as not to jeopardize its eligibility in the National Flood Insurance Program. • 12.22 When an ordinance violation is either • discovered by or brought to the attention of the Zoning Administrator, the Zoning Administrator shall immediately investigate the situation and document the nature and extent of the violation of the official control. As soon as is reasonably possible, this information will be submitted to the appropriate Department of Natural Resources and Federal Emergency Management Agency Regional Office along with the community's plan of action to correct the violation to the degree possible. 12.23 The Zoning Administrator shall notify the suspected party of the requirements of this Ordinance and all other Official Controls and the nature and extent of the suspected violation of these controls. If the structure and /or use is under construction or development, the Zoning Administrator may order the construction or development immediately halted until a proper permit or approval is granted by the community. If the construction or development is already completed, then the Zoning Administrator may -24- • J either (1) issue an order identifying the corrective actions that must be made within a specified time period to bring lte use or structure into compliance with the official controls, or (2) notify the responsile party to apply for an after-the-fact permit /development approval within a specified period of time, not to exceed thirty (30) days. 12.24 If the responsible party does not appropriately respond to the Zoning Administrator within the specified period of time, each additional day that lapses shall constitute an additional violation of this • Ordinance and shall be prosecuted accordingly. The Zoning Administrator shall also, upon the lapse of the specified response period, notify the landowner to restore the land to the condition which existed prior to the violation of this Ordinance. SECTION 13.0 AMENDMENTS The flood plain designation on the Official Zoning Map shall not be removed from flood plain areas unless it can be shown that the designation is in error or that the area has been filled to or above the elevation of the regional flood and is contiguous to lands outside the flood plain. Special exceptions to this rule may be permitted by the Commissioner of Natural Resources if he determines that, through other measures, lands are adequately protected for the intended use. All amendments to this Ordinance, including amendments to the Official Zoning Map, must be submitted to and approved by the Commissioner of Natural Resources prior to adoption. Changes in the Official Zoning Map must meet the Federal Emergency Management Agency's (FEMA) Technical Conditions and Criteria and musta receive prior FEMA approval before adoption. Thy± Commissioner of Natural Resources must be given ten (10) daY« written notice of all hearings to consider an amendment to th1'3 Ordinance and said notice shall include a draft of the ordinance amendment or technical study under consideration. • • SECTION 14. EFFECTIVE DATE This Ordinance shall be effective upon its passage and publication. Passed this /O' of Apr / , 1989, by the City Council, City of Centerville, Andka County, Mintesota. Georg/ Ha B erman, Mayor ATTES 14vLt`B //J / /�/ 4 / Tamara M. Miltz M'11 , Jerk /Administrator 4� p r tf1/yp_ M y� "` ��'" Minnesota Department of Natural Resources V U " f 500 Lafayette Road y Aroco" -� Si Paul, Minnesota 55155 -40_ 0 FN April 8, 1999 Mr. Jim March City Administrator 1880 Main St. Centerville, MN 55038 Dear Mr. March: CONDITIONAL STATE APPROVAL OF FLOODPLAIN ORDINANCE REVISIONS On April 6, 1999, DNR Waters' Floodplain Program Manager Tom Lutgen called you to discuss the Flood Insurance Study (FIS) restudy for the City of Centerville. This restudy is being accomplished by the Federal Emergency Management Agency (FEMA) as part of a document entitled "Flood Insurance Study, City of Centerville, Minnesota, Anoka County," with an effective date of June 2, 1999. You received a letter from FEMA dated March 3, 1999 (copy enclosed) advising the City to make appropriate revisions to its floodplain regulations by the June 2, 1999 effective date. The purpose of our telephone call was to offer assistance to the City of Centerville in determining the necessary floodplain ordinance revisions that must be adopted in conformance with 44 CFR Section 60.3(d). You agreed that DNR Waters should outline below the floodplain ordinance revisions that would be necessary to Centerville's " Ordinance 33 -A District Floodplain Management Ordinance, Two- Map Format." These recommended changes are outlined below to reflect the City's updated Flood Insurance Rate Map in a one -map format: - Amend Section 2.1 to read: "Land to Which Ordinance Applies: This ordinance shall apply to all lands within the jurisdiction of the City of Centerville shown on the Official Zoning Map and/or the attachments thereto as being located with the boundaries of the Floodway, Flood Fringe, or General Flood Plain Districts." - Amend Section 2.2 to read: "Establishment of Official Zoning Map: The Official Zoning Map together with all materials attached thereto is hereby adopted by reference and declared to be a part of this DNR information: 612- 296 -6157, 1- 800 -766 -6000 • TTY: 612- 296 -5484, 1- 800 -657 -3929 An Equal Opponunity Employer a Primed an Recycled Paper Containing a Whu Values Diversity CA Minimum of Ill% Post- Consumer Waste April 8, 1999 Page 2 ordinance. The attached material shall include the Flood Insurance Study for the City of Centerville, prepared by the Federal Emergency Management Agency, dated June 2, 1999, and the Flood Insurance Rate Map dated June 2, 1999 therein. The Official Zoning Map shall be on file in the Office of the City Clerk/Administrator and the County auditor." - Amend Section 3.0 (ESTABLISHMENT OF ZONING DISTRICTS) to read: "3.1 Districts: 3.11. Floodway District. The Floodway District shall include those areas designated as floodway on the Flood Insurance Rate Map adopted in Section 2.2. 3.12 Flood Fringe District. The Flood Fringe District shall include those areas designated as Zone AE on the Flood Insurance Rate Map adopted in Section 2.2 that are located outside of the floodway. 3.13. General Flood Plain District. The General Flood Plain District shall include those areas designated as unnumbered A zones on the Flood insurance Rate Map adopted in Section 2.2 of this ordinance." - Amend the second to last sentence of Section 3.2 (Compliance) to read: "Within the Floodway, Flood Fringe, or General Flood Plain Districts, all uses not listed as permitted uses or conditional uses in Sections 4.0, 5.0 and 6.0 that follow, respectively, shall be prohibited." The Department of Natural Resources would consider adoption of the aforementioned proposed ordinance amendments for the City of Centerville as compliant with "Statewide Standards and Criteria for Management of Floodplain Areas of Minnesota." We anticipate that the City will agree to make these revisions. Consequently, on behalf of the Commissioner of Natural Resources, I hereby conditionally certify state approval of the above -cited ordinance revisions in accordance with Minnesota Statutes, Section 103F. Please note that any changes to our suggested ordinance revisions will require my prior approval before they would be valid. This approval will be final upon DNR Waters' receipt of three (3) certified copies of the formally adopted ordinance revisions cited above and a completed copy the Ordinance Certification checklist that I have enclosed. Please send these materials to your DNR Waters' Area Hydrologist Tom Hovey at DNR Waters, 1200 Warner Road, St. Paul, Mn 55106. April 8, 1999 Page 3 Please note also that Centerville is required to send copies of hearing notices and final decisions relating to variances and conditional use permits relating to this ordinance to this Department. Please send these notices directly to Mr. Hovey and rely on him for day -to -day assistance in administering this ordinance. Since Centerville's continued participation in the National Flood Insurance Program is conditioned upon the community maintaining a compliant floodplain ordinance, we will forward a copy of the adopted ordinance revision to the FEMA Regional Office in Chicago, IL. Your cooperation and initiative in providing for the reduction of flood damage through the administration of this ordinance is greatly appreciated. Should you have any questions concerning the necessary ordinance amendments, please contact Mr. Hovey at (651) 772 -7910. Sincerely, DNR Waters 0 a zghi S upervisor Land Use Unit Enclosure c. Tira Miller Tom Hovey Bret Anderson • FEDERAL EMERGENCY MANAGEMENT AGENCY Revised March 20, 1997 This includes the revisions to regulations and final rules related to the National Flood Insurance Program (NFIP) through March 20, 1997. This publication is in 2 parts: 1. The first part contains all the NFIP final regulations published October 1, 1996. 2. The second pan contains final regulations published after October 1, 1996 and through March 20, 1997. VE:t" •� ..mo §59.24 44 CFR Ch. 1 (10 -1-96 Edition) Suspension of community eligi- mum requirements set forth in 5360.3. i �bt ity. 60.4 and/or 60.5 shall be subject to pro- (a) A community eligible for the sale bation. Probation shall represent for- of flood insurance shall be subject to mal notification to the community eUepe nsion from the Program for fail- that the Administrator regards the ing to submit copies of adequate flood- community's flood plain management plain management regulations meeting program as not compliant with NFIP the minimum requirements of pare- criteria. Prior to imposing probation, graphs (b). (c), (d). (e) or (f) of 360.3 or the Administrator (1) shall inform the paragraph (b) of 560.4 or 360.5. within community upon 90 days prior written six months from the date the Director notice of the impending probation and provides the data upon which the flood of the specific program deficiencies and plain regulations for the applicable violations relative to the failure to en- paragraph shall be based. Where there force, (2) shall, at least 60 days before has not been any submission by the probation is to begin, issue a press re- community. the Director shall notify lease to local media explaining the rea- the community that 90 days remain in sons for and the effects of probation, the six month period in order to submit and (3) shall. at least 90 days before adequate flood plain management regu- probation is to begin, advise all policy - lations. Where there has been an inad- holders in the community of the i1n- equate submission, the Director shall pending probation and the additional notify the community of the specific premium that will be charged, as pro - deficlencies in its submitted flood plain vided in this paragraph, on policies management regulations and inform sold or renewed during the period of the community of the amount of time probation. During this 90-day period remaining within the six month period. the community shall have the oppor- If. subsequently, copies of adequate tunity to avoid probation by dem- flood plain management regulations onstrating compliance with Program are not received by the Director, he requirements, or by correcting Pro- shall, no later than 30 days before the ram deficiencies and remedying all expiration of the Original six month pe- violations to the maximum extent pos- clod, provide written notice to the sable. If, at the end of the 90-day period. community and to the state and assure the Administrator determines that the publication in the FEDERAL REGISTER community has failed to do so, the pro - under part 64 of this subchapter, of the bation shall go into effect. Probation community's loss of eligibility for the may be continued for up to one year sale of flood insurance, such suspension after the community corrects all Pro - to become effective upon the expire- gram deficiencies and remedies all vio- tion of the six month period. Should lations to the maximum extent pos- the community remedy the defect and sible. Flood insurance may be sold or the Director receive copies of adequate renewed in the community while it is flood plain management regulations on probation. Where a policy covers - within the notice period. the suspen- property located in a community Mon notice shall be rescinded by the placed on probation on or after October Director. If the Director receives no- 1, 1986, but prior to October 1. 1992. an tice from the State that it has enacted additional premium of 125.00 shall be adequate flood plain management regu- charged on each such policy newly is- lations for the community within the sued or renewed during the one -year notice period, the suspension notice period beginning on the date the com- shall be rescinded by the Director. The munity is placed on probation and dur- community's eligibility shall remain ing any successive one -year periods terminated after suspension until cop- that begin prior to October 1, 1992. ies of adequate flood plain manage- Where a. community's probation begins ment regulations have been received on or after October 1. 1992. the adds- and approved by the Director. tional premium described in the pre - (b) A community eligible for the sale ceding sentence shall be 550.00, which Of flood insurance which fails to ade- shall also be charged during any suc- quately enforce flood plain manage- cessive one -year periods during which ment regulations meeting the mini- the community remains on probation 232 Federal Emergency Management Agency § 59.24 for any part thereof. This 550.00 addi- flood plain management regulations, tional premium shall further be allows its regulations to lapse. or charged during any successive one -year amends its regulations so that they no periods that begin on or after October longer meet the minimum require - 1. 1992. where the preceding one -year ments set forth in §§60.3, 60.4 and/or pro probation period began prior to Octo- 60.5 shall be suspended from the Pro - (c) Acommunity eligible for the sale gam. It a conununity is to be sus - munity of flood insurance which fails the sae- vended, the Administrator shall info quately enforce its flood plain manage- upon publication ono 30 days prior written nonce and upon under part 6 4 the i subs pie ment regulations meeting the mini- Igo under part 6! of this subchapter mum requirements set forth in §§60.3, of its loss of eligibility for the sale of Program and/ d60.5 and ndidsand remedy its flood insurance. The community eligi- violations to the maximum extent pus- sussp bility shall remain terminated shall until copies of adequate r sible in accordance with compliance t deadlines established during a period of flood p lai n m anagement regulations probation shall be subject to sus n_ have been received and approved by the 1 sion of its Program Administrator. gram eligibility. Under (e) A community eligible for the sale such circumstances, the Administrator shall grant the community 30 days in of flood insurance may withdraw from which to show cause why it should not the Program by submitting to the Ad- be suspended. The Administrator may ministrator a copy of a legislative ac- Lion that explicitly states its desire to conduct shearing, written or oral, bC fore commencing suspensive action. If withdraw from the National Flood In- a community 15 to be suspended, the surance Program. Upon receipt of a Administrator shall inform it upon 30 certified copy of a final legislative ac- days prior written notice and upon Lion, the Administrator shall withdraw publication in the FEDERAL. REGISTER the community from the Program and under part 64 of this subchapter of its publish in the FEDERAL REGISTER under loss of eligibility for the sale of flood part 64 of this subchapter its loss of eli- gibility for the sale of flood insurance. insurance. In the event of impending suspension, the Administrator shall A community that has withdrawn from issue a press release to the local media the Program may be reinstated if its explaining the reasons and effects of submits the application materials spec - the suspension. The community's eligi- ified in §59.22(a). bility shall only be reinstated by the (f) If during a period of ineligibility Administrator upon his receipt of a under paragraphs (a). (d). or (e) of this local legislative or executive measure section, a community has permitted reaffirming the community's formal actions to take place that have aggra- intent to adequately enforce the flood vated existing flood plain, mudslide _ Plain management requirements of this (i.e., mudflow) and/or flood related ero- subpart, together with evidence of ac- sion hazards. the Administrator may Lion taken by the community to cur- withhold reinstatement until the com- rect Program deficiencies and remedy munity submits evidence that it has to the maximum extent possible those taken action to remedy to the maxi - violations which caused the suspen- mum extent possible the increased haz- sion. In certain cases, the Adminis- ards. The Administrator may also trator, in order to evaluate the com- place the reinstated community on munity's performance under the terms Probation as provided for in paragraph of its submission, may withhold rein- (b) of this section. statement for a period not to exceed (g) The Administrator shall promptly one year from the date of his receipt of notify the servicing company and any the satisfactory submission or place insurers issuing flood insurance pursu- the community on probation as pro- ant to an arrangement with the Ad- vided for in paragraph (b) of this sec- ministrator of those communities lion. whose eligibility has been suspended or 1 (d) A community eligible for the sale which have withdrawn from the pro- of flood insurance which repeals its gram. Flood insurance shall not be sold 233 §60.1 44 CFR Ch. 1 (10 -1-96 Edition) or renewed in those communities. Poll SOURCE: 41 FR 46975. Oct. 26. 1976. unless cies sold or renewed within a comma otherwise noted. Redesignated at 44 FR S11Tt. aity during a period of ineligibility are May 31 . 1979 deemed to be voidable by the Adminis- trator whether or not the parties to Subpart A- Requirements for sale or renewal had actual notice of the Flood Plain Management ineligibility. Regulations (41 FR 46968. Oct. 28. 1978. Redesignated at 44 980.1 Purpose of subpart. FR 31177. May 31. 1979, and amended at 46 FR 44543 and 44552. Sept. 29,1983: 49 FR 4751. Feb. (a) The Act provides that flood insure 8. 1984: 50 FR 36023. Sept. 4. 1965: 57 FR 19640. ance shall not be sold or renewed under May 7. 1992; 59 FR 53596, Oct. 25. 19941 the program within a community, un- 1 less the community has adopted ade- PART 60- CRITERIA FOR LAND quate flood plain management regula- MANAGEMENT AND USE tions consistent with Federal criteria. Responsibility for establishing such Subpart A- Requirements rot Flood Plain criteria is delegated to the Adminis Manogs , castor. mont Regulations (b) This, subpart sets forth the cri- Sec. teria developed in accordance with the 60.1 Purpose of subpart. Act by which the Administrator will 60.2 Minimum compliance with flood plain determine the adequacy of a commu- management criteria. nity's flood plain management regula- 60.3' Flood plain management criteria, for tions. These regulations must be le- flood -prone areas. gally- enforceable, applied uniformly 60.4 Flood plain management criteria for throughout the community to all pri- mudslide (i.e., mudflow) -prone areas. vately and publicly owned land within 60.5 Flood plain management criteria for flood- related sroslot.prone areas. flood- prone, mudslide (i.e., mudflow) or 60.6 variances and exceptions. flood-related erosion areas, and the 60.7 Revisions of criteria for flood plain community must provide that the reg- managementregulations. ulations take precedence over any less 60.8 Definitions. restrictive conflicting local laws, ordi- nances or codes. Except as otherwise Subpart 8- Requirements for Stole Flood provided in §60.6, the adequacy of such Plain Management Regulations regulations shall be determined on the 60.11 Purpose of this subpart. basis of the standards set forth in §60.3 60.12 Flood plain management criteria for for flood -prone areas, §60.4 for mudslide State -owned properties in special hazard areas and §60.5 for flood - related erosion areas. areas. 60.13 Noncompliance. (c) Nothing in this subpart shall be • construed as modifying or replacing: - Subpart C - Additional Considerations In the general requirement that all eligi- Ma►aging Flood Prone. Mudslide 0.a., ble communities must take into ac- Mudflow)- Prone, and Flood - Related count flood. mudslide (i.e., mudflow) Erosion - Prone Areas and flood - related erosion hazards, to the extent that they are known. in all 60.21 Purpose of this subpart. official actions relating to land man - 60.22 Planning considerations for flood - agement and use. prone areas. 60.23 Planning considerations for mudslide (d) The criteria set forth in this sub mudflow) - prone areas. part are minimum standards for the • 60.24 Planning considerations for flood -re- adoption of flood plain management laced erosion - prone areas. regulations by flood - prone. mudslide 60.25 Designation. duties. and responsibil- (i.e., mudflow) - prone and flood - related ities of State Coordinating Agencies. erosion - prone communities. Any com- 60.26 Local coordination. munity may exceed the minimum cri- AuTHORrrY: 42 U.S.C. 4001 et seq.: Reorga- teria under this part by adopting more nization Plan No. 3 of 1978. 3 CFR, 1978 comprehensive flood plain management Comp., p. 329: E.O. 12127, 3 CFR, 1979 Comp., regulations utilizing the standards P. 37 6. such as contained in subpart C of this 234 Federal Emergency Management Agency §60.3 part. In some instances, community o[- lineated in which to meet the require- , finials may have access to information ments of §60.5(b). or knowledge of conditions that re- (d) Communities identified in part 65 quire, particularly for human safety. of this subchapter as containing more higher standards than the minimum than one type criteria set forth in subpart A of this bination of special flood, mudsl any (i.e.. part. Therefore, any flood plain man- mudflow), and flood - related erosion agement regulations adopted by a hazard areas) shall adopt flood plain State or a community which are more management regulations for each type restrictive than the criteria set forth of hazard consistent with the require - in this part are encouraged and shall ments of 1360.3. 60.4 and 60.5. take precedence. (e) Local flood plain (41 FR 46975, Oct. 26. 1978. Redesignated at 44 regulations may be submitted to the FR 31177, May 31. 1979, and amended at 48 R State Coordinating Agency designated 44552. Sept. 29, 1983; 49 FR 4751. Feb. 8. 19641 pursuant to 160.25 for its advice and concurrence. The to 360.2 Minimum compliance with flood State shall clearly describe n propos se edd e plain management criteria. enforcement procedures, (a) A flood -prone community apply- (f) The community official respon- ing for flood insurance eligibility shall sable for submitting. annual or biennial meet the standards of §60.3(a) in order reports to the Administrator pursuant to become eligible if a FHBM has not to §59.22(b)(2) of this subchapter shall been issued for the community at the also submit copies of each annual or bi- time of application. Thereafter, the ennial report to any State Coordinat- community will be given a period of six ing Agency. months from the date the Director pro- (g) A community shall assure that its vides the data set forth in §60.3(b). (c). comprehensive plan is consistent with (d), (e) or (f), in which to meet the re- the flood plain management objectives Quirements of the applicable pare- of this part. graph. If a community has received a (11) The community shall adopt and FHBM, but has not yet applied for Pro- enforce flood plain management regu- gram eligibility. the community shall lations based on data provided by the apply for eligibility directly under the Administrator. Without prior approval standards set forth in §60.3(b). There- of the Administrator, the community after, the community will be given a shall not adopt and enforce flood plain Period of six months from the date the management regulations based upon Director provides the data set forth i modified data reflecting natural or 360.3 (c). (d), (e) or (f) in which to meet man -made physical changes. the requirements of the applicable Paragraph. [41 FR 46975. Oct. 28, 1976. Redesignated at 44 (b) A mudslide (i.e.. mudflow )-prone FR 31177, May 31, 1979, and amended at 48 FR community applying for flood insur- 49 . 9 FR 4751. Feb 8, 1984; SO FR 36024, Sep ance eligibility shall meet the stand- 1985; 59 FR 53598, Oct. 25, 1994) ards of §60.4(a) to become eligible. Thereafter, the community will be §60.3 Flood plain management criteria given a period of six months from the for flood -prone areas. date the mudslide (i.e., mudnow) areas The Administrator will provide the having special mudslide hazards are de- data upon which flood plain mana - lineated in which to meet the require- ment regulations shall be based. If the ments of §60.4(b). Administrator has not provided suffi- (c) A flood - related erosion -prone cient data to furnish a basis for these Community applying for flood insur- regulations in a particular community, ance eligibility shall meet the stand- the community shall obtain, review ards of §60.5(a) to become eligible. and reasonably utilize data available Thereafter, the community will be from other Federal, State or other given a period of six months from the sources pending receipt of data from date the flood - related erosion areas the Administrator. However. when spe- having special erosion hazards are de- cial flood hazard area designations and 235 9 a+v 1/4.rK l,n. 1 uu - i - ro tuwuiV the official designated by the commu- nity's FIRM (at least two feet if no nity under 459.22(a)(9)(lii); depth number is specified); (5) Require, for all new construction (8) Require within any AO zone on and substantial improvements. that the community's FIRM that all new fully enclosed areas below the lowest construction and substantial improve - floor that are usable solely for parking meats of nonresidential structures (i) of vehicles. building access or storage have the lowest floor (including base - in an area other than a basement and ment) elevated above the highest adja- which are subject to flooding shall be cent grade at (east as high as the depth designed to automatically equalize hy- number specified in feet on the commn- drostatic flood forces on exterior walls nity's FIRM (at least two feet if no by allowing for the entry and exit of depth number is specified). or (ii) to- floodwaters. Designs for meeting this gether with attendant utility and sani- requirement must either be certified Lary facilities be completely by a registered professional engineer or floodproofed to that level to meet the architect or meet or exceed the follow - floodproofing standard specified in tag minimum criteria: A minimum of 460.3(cX3xii); two openings having a total net area of (9) Require within any A99 zones on a not leas than one square inch for every community* -FIRM the standards of square foot of enclosed area subject to paragraphs (a)(1) through (aX4)(1) and flooding shall be provided. The bottom (b)(5) through (bX9) of this section; of all openings shall be no higher than (10) Require until a regulatory one foot above grade. Openings may be floodway is designated, that no new equipped with screens, louvers. valves. construction. substantial improve - or other coverings or devices provided meats, or other development (including that they permit the automatic entry fill) shall be permitted within Zones and exit of floodwaters. A1-30 and AE on the community's (6)'Require that manufactured homes FIRM, unless it is demonstrated that that are placed or substantially im- the cumulative effect of the proposed proved within Zones A1-30, Alt and AE development, when combined with all on the community's FIRM on sites other existing and anticipated develop- (i) Outside of a manufactured home meat, will not increase the water sur- park or subdivision, face elevation of the base flood more (ii) In a new manufactured home than one foot at any point within the park or subdivision, community. (iii) In an expansion to an existing (11) Require within Zones AH and AO, manufactured home park or subdivi- adequate drainage paths around struc- sion, or tures on slopes, to guide floodwaters (iv) In an existing manufactured around and away from proposed struc- home park or subdivision on which a tures. manufactured home has incurred "sub- (12) Require that manufactured - stantial damage" as the result of a homes to be placed or substantially im- flood, be elevated on a permanent foun- proved on sites in an existing manufac- , dation such that the lowest floor of the tured home park or subdivision within manufactured home is elevated to or Zones A -1 -30, AH. and AE on the com- above the base flood elevation and be munity's FIRM that are not subject to securely anchored to an adequately an- the provisions of paragraph (c)(6) of chored foundation system to resist this section be elevated so that either floatation collapse and lateral move- (i) The lowest floor of the manufac- ment. tured home is at or above the base (7) Require within any AO zone on flood elevation, or the community's FIRM that all new (ii) The manufactured home chassis construction and substantial improve- is supported by reinforced piers or ments of residential structures have other foundation elements of at least the lowest floor (including basement) equivalent strength that are no less elevated above the highest adjacent than 36 inches in height above grade grade at least as high as the depth and be securely anchored to an ade- number specified in feet on the commu- quately anchored foundation system to 238 §60.3 44 CFR Ch.! (10 -1-96 Edition) or above the base flood level: and (ii) base flood. Wind loading values used the pile or column foundation and shall be those required by applicable structure attached thereto is anchored State or local building standards. to resist flotation, collapse and lateral Such enclosed space shall be useable movement due to the effects of wind solely for parking of vehicles, building and water loads acting simultaneously access, or storage. on all building components. Water (6) Prohibit the use of fill for strut- loading values used shall be those assn- tural support of buildings within Zones ciated with the base flood. Wind load- V1-30. VE. and V on the community's ing values used shall be those required FIRM: by applicable State or local building (7) Prohibit man -made alteration of standards. A registered professional en- sand dunes and mangrove stands with - gineer or architect shall develop or re- in Zones V1-30, VE, and V on the com- view the structural design, specifics- munity's FIRM which would increase tions and plans for the construction. potential flood damage. and shall certify that the design and (8) Require that manufactured homes methods of construction to be used are placed or substantially improved with- in accordance with accepted standards in Zones VZT30, V and VE on the com- of practice for meeting the provisions munity's TERM on sites of paragraphs (e)(4)(1) and (if) of this (1) Outside of a manufactured home section. park or subdivision. (5) Provide that all new construction (ii) In a new manufactured home and substantial improvements within park or subdivision, Zones V1-30. VE, and V on the comniu- 011) In an expansion to an existing nity's FIRM have the space below the manufactured home park or subdivi- lowest floor either free of obstruction sion, or or constructed with non- supporting (iv) In an existing manufactured breakaway walls, open wood lattice- home park or subdivision on which a. work, or insect screening intended to manufactured home has incurred "sub - collapse under wind and water loads stantial damage" as the result of a without causing collapse, displace- flood, ment, or other structural damage to meet the standards of paragraphs (eX2) the elevated portion of the building or through (7) of this section and that supporting foundation system. For the manufactured homes placed or substan- purposes of this section, a breakway tially improved on other sites in an ex- wall shall have a design safe loading re isting manufactured home park or sub - sistance of not less than 10 and no more division within Zones VI-30, V, and VE than 20 pounds per square foot. Use of on the community's FIRM meet the re- breakway walls which exceed a design quirements of paragraph (c)(12) of this safe loading resistance of 20 pounds per section. square foot (either by design or when (9) Require that recreational vehicles - so required by local or State codes) placed on sites within Zones V1-30, V, may be permitted only if a registered and VE on the community's FIRM ei- Professional engineer or architect cer ther tifies that the designs proposed meet (i) Be on the site for fewer than 180 • the following conditions: consecutive days. (i) Breakaway wall collapse shall re- (ii) Be fully licensed and ready for sult from a water load less than that highway use, or which would occur during the base (iii) Meet the requirements in para- flood; and, graphs (b)(1) and (e) (2) through (7) of (ii) The elevated portion of the build- this section. ing and supporting foundation system A recreational vehicle is ready for shall not be subject to collapse, dis- highway use if it is on its wheels or placement, or other structural damage jacking system, is attached to the site due to the effects of wind and water only by quick disconnect type utilities loads acting simultaneously on all and security devices, and has no per- building components (structural and manently attached additions. non - structural). Water loading values (f) When the Director has provided a used shall be those associated with the notice of final base flood elevations 240 §60.3 resist floatation, collapse, and lateral floodway unless it his been dem- movement. onstrated thrnu h (13) Notwithstanding any other provi- draulic analyses performed r hydrologic and rd- d- sions of 160.3. a community may ap- ance with standard engineering in accord- prove certain development in Zones Al- tice that the Btneeri encncr encroachment 30, AE, and AH. on the community's would not result proposed e hent FIRM which increase the water surface flood levels within the commnunii increase dur elevation of the base flood by more ing the occurrence of the base flood than one foot. provided that the corn- discharge; munity first applies for a conditional (9) Notwithstanding any other provi- FIRM revision, fulfills the require sions of 860.3. a community may per- ments for such a revision as estab- mit encroachments within the adopted lished under the provisions of 365.12, regulatory floodway that would result and receives the approval of the Ad- in an increase in base flood elevations. ministrator. provided that the community first ap- (14) Require that recreational vehi- plies for a conditional FIRM and Iles placed on sites within Zones A1-30. floodway revision. fulfills the require - AH, and AE on the community's FIRM ments for such revisions as established either under the provisions of §65.12, and re- (i) Be on the site for fewer• than 1B0 ceives the approval of the Adminis- consecutive days, trator. (ii) Be fully licensed and ready for (e) When the Administrator has pro - highway use, or vided a notice of final base flood ele- (iii) Meet the permit requirements of vations within Zones A1-30 and/or AE paragraph (bxl) of this section and the on the community's FIRM and, if ap- elevation and anchoring requirements propriate, has designated AH zones, AO for "manufactured homes" in para- zones. A99 zones. and A zones on the graph (c)(6) of this section. community's FIRM, and has identified A recreational vehicle is ready for on the community's FIRM coastal high highway' use if it is on its wheels or hazard areas by designating Zones VI- Jacking system, is attached to the site 30. VE, and/or V. the community shall: only by quick disconnect type utilities (1) Meet the requirements of para- and security devices, and has no per- graphs (c)(1) through (14) of this sec - manently attached additions. tion: (d) When the Administrator has pro- (2) Within Zones V1-30, VE. and V on vided a notice of final base flood ele- a community's FIRM, (i ) obtain the vations within Zones A1-30 and/or AE elevation (in relation to mean sea on the community's FIRM and, if ap- level) of the bottom of the lowest propriate, has designated AO zones, AH structural member of the lowest floor zones, A99 zones, and A zones on the (excluding pilings and columns) of all Community's FIRM, and has provided new and substantially improved strut- data from which the community shall tures, and whether or not such struc- designate its regulatory floodway, the tures contain a basement, and (ii) community shall: maintain a record of all such informa- 1 (1) Meet the requirements of para- tion with the official designated by the graphs (c) (1) through (14) of this sec- community under §59.22(ax9)(iii); tion; (3) Provide that all new construction (2) Select and adopt a regulatory within Zones V1 -30. VE. and V on the floodway based on the principle that community's FIRM is located Landward the area chosen for the regulatory of the reach of mean high tide; floodway must be designed to carry the (4) Provide that all new construction waters of the base flood, without in- and substantial improvements in Zones creasing the water surface elevation of V1-30 and VE. and also Zone V if base that flood more than one foot at any flood elevation data is available, on the point; community's FIRM. are elevated on (3) Prohibit encroachments, includ- pilings and columns so that (i) the bot- ing fill. new construction, substantial tom of the lowest horizontal structural w in ements, and other development member of the lowest floor (excluding the adopted regulatory the pilings or columns) is elevated to Federal Emergency Management Agency §604 • ,." within Zones A1-30 or AE on the com- (i) Determine the A1-30 or AE. AH. munity's Flood Insurance Rate Map, AO, or A Zone base flood elevation; and and, if appropriate, has designated AH (ii) Using this elevation apply the re- zones, AO zones, A99 zones, and A zones quirements of paragraphs (cX1) on the community's Flood Insurance through (cX14). Rate Map, and has identified flood pro- (7) Notify the permit applicant that tection restoration areas by designat- the area has been designated as an AR. ing Zones AR, AR/A1-30, AR/AE, AR/ AR/A1 AR/AE, AR/AH. AR/AO. or AH, AR/AO, or AR/A, the community AR/A Zone and whether the structure shall: will be elevated or protected to or (1) Meet the requirements of para- above the AR base flood elevation. graphs (c) (1) through (14) and (d) (1) (41 FR 46975. Oct. 26. 19761 through (4) of this section. (2) Adopt the official map or legal de- EDITORIAL NOTE: For FEDERAL. REGISTER ci- scription of those areas within Zones Lion Affected the Finding see the List ti Sec- AR, AR/A1-30, AR/AE, AR/AH, AR/A, or this olume in the Finding Atds section of this volume. AR/AO that are designated developed areas as defined in §59.1 -in accordance 460.4 Flood plain management criteria with the eligibility prbtdiires under for muds de (Le., mudflow) 465.14. areas. (3) For all new construction of struc- The Administrator will provide the tures in areas within Zone AR that are data upon which flood plain manage - designated as developed areas and in meet regulations shall be based. If the other areas within Zone Alt where the Administrator has not provided suffi- AR flood depth is five feet or less: cient data to furnish a basis for these (i) Determine the lower of either the regulations in a particular community, AR base flood elevation or the ele- the community shall obtain, review, vation that is 3 feet above highest adja- and reasonably utilize data available cent grade; and from other Federal. State or other (ii) Using this elevation, require the sources pending receipt of data from standards of paragraphs (c) (1) through the Administrator. However, when spe- (14). cial mudslide (Le.. mudflow) hazard (4) For all new construction of struc- area designations have been furnished tures in those areas within Zone AR by the Administrator, they shall apply. that are not designated as developed The symbols defining such special areas where the AR flood depth is mudslide (i.e., mudflow) hazard des - greater than 5 feet: ignations are set forth in §64.3 of this (i) Determine the Alt base flood ele- subchapter. In all cases, the minimum vation; and requirements for mudslide (i.e., mud - (ii) Using that elevation require the flow) -prone areas adopted by a particu- standards of paragraphs (c) (1) through lar community depend on the amount - (14). of technical data provided to the com- (5) For all new construction of struc- munity by the Administrator. Mini - tures in areas within Zone AR/A1 -30, mum standards for communities are as follows: AR/AE, AR/AH, AR/AO. and AR/A: (1) Determine the applicable ele- (a) When the Administrator has not vation for Zone AR from paragraphs (3) yet identified any area having the com- and (4); munity as an area having special ele- flood el (fi) Determine the base floo mudslide (i.e., mudflow) hazards, but vation a flood depth for the o de el n ing A1-30, AE. AH, AO and A Zone; and the community has indicated the pres- d apps of such hazards by submitting o- (iii) Using the higher elevation from gram, the communitylsshhall fn the Fro - (i) and (ii) require the standards of (1) Require permits for all propo8ed Paragraphs (c) (1) through (14). construction or other development in (6) For all substantial improvements the community so that it may deter - to existing construction within Zones mine whether development is proposed AR/A1 -30, AR/AE, AR/AH. AR/AO, and within mudslide (i.e.. mudflow) -pro AR/A: areas; 241 MEMORANDUM DATE: May 21, 1999 TO: Honorable Mayor and Council FROM: Ry -Chel Gaustad, CMC City Clerk RE: Computer Bids /Quotes Action is in progress to compile newly received information from vendors. As per Council's request, we specifically asked each vendor to re- submit their bid with the following changes: Indicate installation time Remove sales tax Bid a 8.4 GIG HD instead of a 6.5 Subsequent to the above, one vendor presented an entirely new proposal reflecting "recent changes in the price market ". Staff wishes to request Councit's direction as to re- opening the bidding process and allowing all vendors an equal opportunity to lower their bids. Pending Council's direction, staff will provide the completed bid list and information at the meeting. In the interim, do not hesitate to contact me if you have any questions. MEMORANDUM DATE: May 18, 1999 TO: Honorable Mayor and Council FROM: Ry -Chel Gaustad, CMC City Clerk RE: Ordinance #5 - Firearms (Existing and proposed) During the Planning Commission meeting a lengthy discussion broke out regarding restricting or eliminating firearms. The Planning Commission made the following Motion by Linda Broussard Vickers, seconded by Brain Hanson that no consensus - was reached among Commission and if the Council its a a pressing issue, perhaps Council can hold a public hearing. Motion carried unanimously. The Police Department requested the Council cltange Ordinance #5 to include single projectiles. After the Council and Planning Commission heard the Police Department's concerns. Officer - Blank and "I recreated - the enclosed Ordinance #5. Please-contact if you have any questions regarding this or any issue. Please note the Planning and Zoning meeting minutes expounds on the firearms discussion. Its minutes were distributed with the May 12, 1999 Council packets. • Council Member introduced the following Amendment to Ordinance No. 5 of the Code of Ordinances of the City of Centerville and moved for its adoption: CITY OF CENTERVILLE County of Anoka State of Minnesota ORDINANCE NUMBER AN ORDINANCE REGULATING THE USE OF FIREARMS IN THE CITY OF CENTERVILLE AND PROVIDING A PENALTY FOR THE VIOLATION THEREOF The City Council of the City of Centerville, Anoka County, Minnesota, does ordain: The City Code of the City of Centerville, Anoka County, Minnesota, is hereby amended by deleting and replacing Ordinance No. 5 as follows: SECTION 1: Definitions The following definitions shall apply in the interpretation and enforcement of this Ordinance. 1. Rifle A weapon, with fixed or folding stock, usually fired from the shoulder, but possibly fired from other locations of the body, having a rifled bore barrel discharging a single shot or bullet at a time, a shot shell, or any other projectile manufactured for or otherwise capable of being discharged in such a weapon. 2. Shot un A weapon, with fixed, folding or pistol grip -style stock, usually fired from the shoulder, but possibly fired from other locations of the body, normally discharging more than one pellet at a time, except when using a single slug or other projectile manufactured for or otherwise capable of being discharged in such a weapon. 3. Handgun A hand -held weapon or device of any kind that is capable of discharging a single shot or bullet at a time, a shot shell, or any other projectile manufactured for or otherwise capable of being discharged in such a weapon. 4. Bow /Arrow A bow is any device capable of discharging a pointed tip arrow of any kind. Bow includes long bows, compound bows and crossbows. 5. Non - Firearm Pellet guns and BB (.117 caliber L) guns and sling shots, excluding "wrist rocket - type" sling shots. 6. Firearms For purposes of this ordinance, firearms shall include any rifle, shotgun, handgun, bow and arrow and wrist rocket sling shot defined above. SECTION 2: Discharge Prohibited 1. Firearms No person shall shoot, fire -off, discharge or explode any firearm from any location, public or private, within the City of Centerville. 2. Non - Firearms No person may discharge a non- firearm upon or onto public property. No person may discharge a non - firearm on private property unless the projectile emitted therefrom is prevented from travelling beyond the boundaries of the property from which it is discharged. SECTION 3: Permitted Uses Section 2 shall not prohibit the use of firearms by duly authorized law enforcement officers, or by any person engaged in the lawful defense of person, persons, or property. SECTION 4: Penalty Any person violating any provision of this ordinance shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not exceeding seven hundred dollars ($700) or by imprisonment not to exceed ninety (90) days. This ordinance shall become effective immediately upon its passage and publication. This ordinance was adopted by the City of Centerville City Council on the day of , 1999. Mayor Clerk ORDINANCE NUMBER 5 AN ORDINANCE TO PROTECT AND PRESERVE THE PUBLIC'S SAFETY BY REGULATING THE DISCHARGE OF FIRE ARMS WITHIN THE VILLAGE OF CENTERVILLE AND PROVIDING A PENALTY FOR VIOLATION THEREOF. THE VILLAGE COUNCIL OF CENTERVILLE, MINNESOTA DO ORDAIN AS FOLLOWS: SECTION 1: It shall be unlawful to shoot, fire off, discharge or explode any gun, pistol, revolver, or other firearm or device which ejects a projectile, upon or onto: Any road, street, avenue, sidewalk or other public place in this village. SECTION 2: It shall be unlawful to shoot, fire off, discharge or explode any single ball ammunition in the Village except upon ranges permitted by the Village Council. SECTION 3: It shall be unlawful to own or operate a rifle or shooting range in this Village unless a permit therefore be issued by the Village Council. The fee for such permit shall be $15.00 and said fee shall be paid to the Clerk prior to issuance thereof. SECTION 4: Nothing herein contained shall prohibit the use of firearms: a) by duly authorized policemen or law enforcement officers, b) by persons engaged in the lawful defense of person, persons, or property. SECTION 5: Any person, firm or corporation violating any provision of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding three hundred dollars ($300.00) or by imprisonment not to exceed ninety (90) days. SECTION 6: This ordinance shall be in effect from and after its passage and publication according to law. Passed by the Village Council this 10th day of October, 1973. WALTER PRACHER, MAYOR • ATTEST: LU MARCELLO, CLERK 1 MEMO DATE : May 19, 1999 TO : Honorable Mayor and Council FROM : Jim March RE : Interim Special Use Permit for Redi -Mix Plant - Dennis Schudy Included in your packet is a draft interim special use permit for a redi -mix plant to be located temporarily in the industrial park. I discussed this issue with Jim Hoeft. The City can issue an interim special use permit for a specified period of time, even though our ordinances do not discuss such an item. I asked if there would be any legal issues with allowing a use for only a specified period of time. Mr. Hoeft indicated as long as it was clearly specified as a permitted use for only a given period of time, there would be no legal issues. • ` at cr , (z Jai/1 C .._ _f9J7v c_ / '` I 1Aeul - --> v,+ l -(w .2 ci_.I ) 6rnLn61 S dams) i 3/4„ vi/A 1 rya civta lc d ✓ sI liv y , a_ L L ', 5A0,-A-roz-Ace cfij 4 \ CI -1 C3 ktet Of Oirt f11 C t _ SCI s \\llll 1 y cLAA:fli " t ■ Pite3 ROgNil lip ChiefofPdico Joel D. Heckman Circle Pings- Lacington Police Department 200 Civic Heights Circle Circle Pines MN 55014 612.784.2501 Apri115, 1999 To: Ry -Chel Ciaustad, CMC City Clerk Re: Response to your 04/12/99 Ivlemo- Spacial Use Permit cc: file Upon review of your Proposed special use permit request, my concerns from the law enforcement perspective are traffic issues regarding the entry of slow moving cement trucks unto the major thoroughfares, As both 20 Ave and Main St. have only one traffic lane in each direction, and 50mph speed limits where trucks would be entering, traffic signs or signals may become necessary. CITY OF CENTERVILLE 5/4/99 APPLICATION FOR SPECIAL USE PERMIT; THE PURPOSE FOR THE PERMIT IS TO START A CONCRETE REM-MIX BUSINESS IN CENTERVILLE TO OPERATE FIVE YEARS TO THE DATE OF DEC. 1 2004. THE SITE WILL BE ON A PIECE OF PROPERTY LEASED FROM GERALD REHBEIN AT THE SOUTH END OF 21 AVE. BECAUSE OF A CONTRACT THE OWNER. HAS ON THE PROPERTY, IT CAN NOT BE SOLD AND DEVELOPED FOR TEN YEARS, WHICH MAKES THIS SITE APPEALING FOR THIS TIME FRAME. IT IS A SEASONAL BUSINESS, RUNNING FROM MAY TO OCT. THE AMOUNT OF TRAFFIC WOULD BE ABOUT FOUR TRIPS A DAY DURING THE DAYLIGHT HOURS, MONDAY THROUGH SATURDAY, WEATHER PERMITTING. THE BUSINESS IS VERY SMALL, USING ONE OR TWO PEOPLE TO OPERATE IT. A TANK WOULD BE SET UP TO HOLD THE DRY BULK CEMENT, WHICH WILL NOT BE ANY HIGHER THAN THE 35 FT.CODE. THIS WOULD BE LOCATED ON THE NORTH SIDE OF THE EXISTING POLE SHED. THE POLE SHED WILL BE THE INSIDE STORAGE AND PARKING AREA FOR THE TWO CONCRETE TRUCKS. THERE WOULD BE ONE PILE OF SAND AND ONE PILE OF GRAVEL ABOUT 6FT. HIGH AND SFT. IN DIA., LOCATED NORTH OF THE CEMENT TANK. THE MIXING OF THE CONCRETE IS DONE IN THE TRUCK. THE PROPERTY HAS CITY WATER SERVICE. OFFICE SPACE WOULD ALSO BE INSIDE THE POLE SHED. FACILITIES WOULD BE CONTRACTED THROUGH A SATELLITE OPERATION COMPANY. THE DRIVING AREA IS TO BE COVERED WITH CLASS FIVE GRAVEL. THE AREA AROUND THE TANK, SAND, AND GRAVEL WILL HAVE A 1FT. BERM AROUND IT TO PREVENT RUNOFF. THE INSIDE OF THE SHED WILL HAVE AN IMPERVIOUS BARRIER PUT DOWN ON THE FLOOR TO CATCH ANY FUEL OR 011, LEAKS FROM THE TRUCKS. THERE WOULD NOT BE ANY FUEL OR OIL STORAGE TANKS LOCATED ON THE PROPERTY. ALONG WITH THE PERMIT FROM THE CITY, A PERMIT FROM THE MINN. POLLUTION CONTROL AGENCY AND A PERMIT FROM THE RICE CREEK WATERSHED DISTRICT WOULD BE NEEDED. THE PERMIT FROM MPCA IS FOR A SITE PLAN OF STORM WATER CONTROL, FOR THE PREVENTION OF, AND EMERGENCY ACTION TO BE TAKEN, IN CASE OF A FUEL LEAK, HYDRAULIC OIL HOSE LEAK, ETC.. THEY INSPECT THE SITE BEFORE THE PERMIT IS ISSUED AND REINSPECT ON AN ANNUAL BASIS. IN SUMMARY, THIS IS A SMALL BUSINESS WITH LOW IMPACT TO THE AREA IN WHICH IT WOULD BE LOCATED, NEXT TO SHEEHY CONSTRUCTION AND ARCADE ASPHALT. COST OF THE PRODUCT WILL BE LOWER TO THE COMMUNITY BECAUSE OF THE LOW OVERHEAD AND LOWER TRANSPORTATION COSTS, BEING IN THE LOCAL AREA ALSO THE BUSINESS WILL ONLY BE THERE FOR FIVE YEARS. ATTACHED 1S A SITE DRAWING AND A SIMULATED PICTURE OF THE SITE. S ERELY; DENNIS SHUDY� 6795 20' AVE. S. HUGO, MN. 55038 651 -653 -1029 F 7C- - N x � e. in. O � F 7:30 k N O a r 1 s &. a z • AY . . . , x . is. • • a ' l • �r 1 :NB- •t2 i _ � 1 • 1 .•�: -44 .L + ' • --__ _ A. ak' " ° 1 ;_ • . 1 . ...t s .Y F . 1 ( t - I i .. Y.E wi+ i _t a. u ; ° f s i l 2 4 ` i. t •- - '+7 _ -441.1.. _ { I I. a' . a JJJ 1 - i • e • • it r 1 t - Aid / k... - . ., If 7 '," - :,7- t 4 4,,, A %;- 4 4 i , ,. IS ass l � ."'����� i, .tea. ^��^' . s _ La re rir '�- � I4 f` tie. MEMO DATE : May 19, 1999 TO : Honorable Mayor and Council FROM : Jim March RE : Council/Commission/Committee Recognition Plaques I have been informed that there is interest in establishing plaques to recognize service that has been provided by citizens to the City. I have also been informed that the County does not maintain records on City elections. I would recommend that the plaques start with the names of individuals currently serving on the Council and Committees and add to those names in the future. It would not be feasible to include all of the past persons that have served in all capacities, because from what I have seen the historical records of the City are incomplete. It appears that records are quite accurate back to at least 1980, if it is not acceptable to start with those serving today and begin working forward. This issue can be more fully discussed at the Council meeting. MEMORANDUM DATE: May 12, 1999 TO: Honorable Mayor and Council FROM: Ry -Chel Gaustad, CMC City Clerk RE: Animal Ordinance #24 - Please bring information from previous mtg. During the April 28, 1999 Council meeting the Council heard a complaint in regards to cats at large. CouncihnemberSweeney ' Ordinance #24 - did not address cats at large. The Council suggested the City develop an Ordinance to address cats at large and the possibility of licensing them - . The directed to compile aarimal ordinances from the surrounding communities. Included in your packet is a copy of several animal ordinances, some deal with tali an,l }Rcnsiug; whereas; others do -net. The Planning Commission plans to meeting on Tuesday, May 18, at 6 :00 p.m. to discuss Ordinances; During the meeting, this issue could be considered. .However, it been my experience that the animal ordinance is a huge undertaking and thus, the ordinance may notbrready forCouncil's final consideration early-fall. It is my recommendation that the Council forward this issue to the Planning Commission in order to amend the ordinance. • ORDINANCE #24 • AN ORDINANCE PRESCRIBING REGULATIONS FOR CONFINEMENT, LICENSING AND CARE OF DOGS The City Council of the City of Centerville does hereby ordain: SECTION I. DEFINITION. As used in this chapter "owner" means any person keeping a dog. "At large" means off the premises of the owner and not under the control of the owner, a member of his immediate family, or a person designated by the owner, and in the case of a dog, by a leash, cord or chain not more than 10 feet in length. A dog under control solely by means of command or signal shall be considered under control, only if in the presence of the owner or some other person of suitable age and discretion and on the owner's premises, or the premise of another who has given consent to the owner. • SECTION II. Confinement of Doas. No dog shall be allowed by its owner to run at large, and every dog in heat shall be confined during such entire period and until such dog shall not attract other dogs in account thereof. SECTION III. Certain Animals Declared Nuisances. No person shall keep or allow to be kept any dog, cat, or other animal which mall by any noise, disturb the peace and quiet of any other person. No person shall keep within the City limits a dog or cat, or other animals which habitually barks or cries for extended or unreasonable periods of time, and any such animal which damages plantings or structures, or deposits fecal matter on private property of others, after the person owning or harboring the animal has been notified of such acts as herein provided is hereby declared to be a nuisance. Any person aggrieved by an animal nuisance may make a written complaint to the Police Department, or such other persons designated by the Mayor, stating the acts complained of, the name and address of the owner of the animal, and the name and address of the person making the complaint. The Police Department shall then promptly notify the person owning or keeping the animal and shall order the nuisance abated within 5 days. If such animal nuisance is not abated within that time, a charge may be made against the owner or keeper of the animal and any person found to have violated the provisions of this section shall be guilty of a misdemeanor. SEC- =ON IV. License Reauired. All dogs kept or maintained by their owner within the corporate limits of the City of Centerville shall be licensed and registered if over six months of age. Dog licenses shall be issued by the City, upon payment of a fee of !),c,"4,-7....20 for each dog, whether it be male or female, spayed or unspayed. Such license shall continue in force for the life of the animal provided that the owner shows proof every two years that the dog has shots within that period and provided that the address of the owner remains the same. A certificate of vaccination authorized by a licensed veterinarian for rabies shots must be presented at the time of licensing and within every two year anniversary date there - after. -2- SECTION V. A. Issuance of Tags. Upon the payment of the license fee and presentation of a rabies vaccination certificate the City shall issue a license tag to the owner. Duplicate tags may be issued for $1.00 in replacement of a lost tag. Dog tags shall not be transferred from one dog to another and no refunds shall be made for any dog license fee. B. Affixing Tags. Every owner of a dog required to be licensed is required to provide such dog with a collar to which the license and vaccination tags must be affixed and the collar with tags attached must be worn by such dog at all times. SECTION vI. Records. The City shall keen a record of all dog licenses issued with the name, address and phone number of the person to whom issued and name, age, description of the dog and dates of rabies vaccinations. SECTION VII. A. Impounding. Any dog found running at large or any dog found without valid tags displayed shall be seized and may be impounded. All dogs impounded shall be kept for at least five days, unless sooner reclaimed by the owner or returned to the owner. B. Redemption. Any dog may be redeemed from the pound by the owner upon the payment of impoundment fee for each day of impoundment and if the owner has a current license attached to the animal and proof of rabies vaccination is presented. Said fee shall be set by City Council and reviewed periodically and kept on record with the City Clerk and Poundmaster. C. Permissible Return of Unrestrained Doe. Notwith- standing the provisions of paragraph A, if a licensed animal is found unrestrained and its owner can be identified and located, such animal need not be impounded but may, instead be taken to the owner. In such case, however, proceedings may be taken against the. owner for violation of this ordinance. D. Disposition of Unclaimed Doss. Any dog which is not claimed within five days after impounding may be sold, for not less than the amount provided in paragraph B to anyone desiring to purchase the dog, unless said dog is requested by a licensed educa -' tion scientific institution under Minnesota Statute Section 35.71. All such funds shall be paid to the City of Centerville and placed in the General Fund. Any dog which is not claimed by the owner or sold shall be humanely destroyed. SECTION VIII. Establishment of Pound. A City pound is established which shall be at such location, either within or without the City, as the Council by resolution shall designate. A poundmaster shall be appointed by the Council who shall attend to the maintenance of such pound and he shall file a monthly report with the Council relating to the operation of such pound. The pound shall be main- , in a clean and orderly manner and subject to periodic inspection by the City Health Officer. - . -3_ ;CTION IX. Muzzling. Whenever the prevalence of rabies renders such action necessary to protect the public health and safety, the Mayor shall issue a proclamation ordering every person owning or keeping a dog to confine it securely on his premises unless it is muzzled so that it cannot bite. No person shall violate such proclamation, and any dog running at large during the time fixed in the proclamation may be destroyed by the police without notice to the owner. SECTION X. vicious Animals. Whenever the Chief of Police or City Health Officer determines that any dog, cat or other animal has bitten any person, such animal shall be deemed.to be vicious for the purpose of this section. Such animal may be impounded in the City pc_nd for a period of ten days or more at the expense of the owner of said animal. Except for the time limit, disposition and redemp- tion shall be in accordance with paragraphs B and D of Section VII. The quarantine required by this section shall not be necessary and the requirements shall be waived whenever the owner of such dog or animal, immediately upon receipt of the notice referred to above presents to the Centerville Police the certificate of an authorized veterinarian that the dog or animal was vaccinated for rabies on a date less than one year prior to the date of such notice. SECTION XI. Summary Destruction of Certain Dogs. Whenever an officer has reasonable cause to believe that a particular dog presents a clear and immediate danger to residents of the City because it is infected with rabies or because o.f a clearly demon- str=ated vicious nature, the officer after making reasonable attempts to impound such dog, may summarily destroy said dog. SECTION XII. Kennels. No person shall keep more than two dogs over six months old without obtaining a kennel license. The kennel license is required in addition to the individual dog licenses. The City Council shall issue a kennel license upon the following conditions which shall be agreed to by the licensee: 1. Payment of an annual kennel license fee in the amount of 825.00. Kennel licenses shall expire on December 31 of each year and must be renewed. 2. Kennels and the premises used therefore shall be kept in a clean, quiet, orderly and sanitary condition, so as not to constitute a nuisance as defined in Minnesota Statute 561.01. In determining whether a nuisance exists, consideration shall be given to the kennel's location, location of other residents and the general character of the neighborhood. 3. All such dogs in excess of two shall be at all times confined in a building or enclosure or under control by a leash or otherwise under control. Compliance with provisions of the City Zoning Code. CTION X II. Cleanup. The owner of any r.og or other animal shall clean un all feces of the animal and sisnose of such feces in a sanitary manner. SECTION XIV. Owner obligation for Prover Care. No owner shall fail to provide any animal with sufficient good and wholesome food and water, crater shelter and protection from the weather, veterinary care when needed to - prevent suffering, and with humane care and treatment. No person shall beat, treat cruelly, torment or other- wise abuse any animal or cause or permit any dog fight. No owner shall abandon any animal. SECTION XV. Penalty Any person, firm or corporation violating any provision of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding three hundred dollars (:300.00) or by imprisonment not to exceed ninety (90) days. SECTION XVI. Repealer. All ordinances or tarts of ordinances in conflict herewith are repealed. This ordinance shall be in full force and effect from and after its passage and publication. Passed by the City Council of the City of Centerville, this 28th • day of January, 1976. s T OF CENTERV LE MAYOR ATTES -T:.- g LERK- TREASURER • CITY OF CENTERVILLE ORDINANCE N0. 24 -A CITY OF CENTERVILLE COUNTY OF ANOKA STATE OF MINNESOTA AN ORDINANCE TO PROTECT AND PRESERVE THE PUBLIC HEALTH BY REGULATING THE KEEPING OF ANIMALS AND FOWL WITHIN THE CITY AND PROVIDING A PENALTY FOR VIOLATION THEREOF. THE CITY OF CENTERVILLF, ANOKA COUNTY, MINNESOTA, ORDAINS: SECTION I. INTENT Subdivision 1.10 To define guidelines for keeping of animals on parcels of land located within the City of Centerville and less than ten (10) acres in size. Subdivisthn 1.20 -- To facilitate distribution of animals within this City in such a manner as to prevent coincident and concurrent high- density populations of both residents and animals within the same geographical area by permitting animals, except swine, to be kept on parcels of land containing - less than ten (10) acres but a minimum of two and a half (22) acres located within the boundaries of areas designated as Rural Residential (RR) or Expansion Residential (ER) on the current Centerville Use Plan or zoning map. Subdivision 1.30 To minimize the risk of nuisances described herein and outlined in Section III even under proper management and animal husbandry practices byi a) Limiting the total number of animals to 1.0 animal unit per two (2) acres based on the total grazeable acreage of the parcel. b) Providing animal - specific nuieance guidelines. SECTION II. DEFINITIONS When used in this ordinance, the following terms shall be assigned the following meanings: Subdivision 2.10 Animals: Shall mean and include horses, mules, donkeys, cattle, sheep, swine, rabbits, skunks, foxes, racoons, mink, and other similar animal beings which are endowed with the power of voluntary motion. Subdivision 2.20 Fowl: Shall mean and include all birds of any kind, including poultry, turkeys, chickens, ducks, geese, pigeons, gallinaceous birds, and other similar birds. Subdivision 2.30 Household Pets: Shall mean and include those animals and fowl ordinarily kept as pets, such as dogs, cats, skunks, rabbits, racoons, and similar animals, such as canaries, chickens, ducks, pigeons, and similar birds, but shall not include horses, mules, donkeys, cattle, sheep, goats, or swine. Subdivision 2.40 Rural Residential (RR) and Expansion Residential (ER): Shall mean designations applied to land within the City of Centerville as described and illustrated .on the current Centerville Land Use Plan or zoning map. Subdivision 2.50 Parcel of Land: Shall mean a piece of contiguous real property under one title, and that the size of said real property be at least 2.5 acres upon which is constructed no more than one (1) residence or dwelling. r _ Subdivision 2.60 Animal Unit: Shall mean a unit of measure to compare . differences in the production of animal wastes and which has as a standard the amount of waste produced on a regular basis be a slaughter steer or heifer. for the purposes of this ordinance, the following equivalents apply: Species or Type Animal Units of Animal per Single Animal 1) Slaughter Steer or Heifer 1.00 1 Horse 1.00 1) Pony 0.40 1) Mature Dairy Cow 1.40 1) Sheep 0.10 1) Goat 0.10 1) Turkey 0.018 1) Chicken 0.01 1) Duck 0.01 1) Rabbit 0.05 1) Goose 0.02 Subdivision 2.70 Grazable Acres: Shall mean open acreage currently providing enough pasture or agricultural crops capable of supporting summer grazing at a density of one animal unit or its equivalent per two acres. Subdivision 2.80 Animals at Large: Animals not on premises of or under direct control of their owner(s). SECTION III NUISANCE Subdivision 3.10 Except as hereinafter provided, it shall be unlawful for any person, firm or corporation to keep or harbor animals or fowl in this City or permit the same to be done upon premises owned, occupied, or controlled by him, except upon a parcel of land containing ten (10) acres or more. This prohibition shall not apply to cats, dogs, or fowl kept as household pets. Subdivision 3.20 Animals with contagious disease of any kind shall be securely confined on the premises of their owner or harborer and shall not be permitted to approach within fifty (50) feet of any public roadway or any place where animals belonging to or harbored by another person are confined or kept. Subdivision 3.30 No person shall suffer or allow any animal or fowl to disturb the peace and quiet of the City or to otherwise become a public nuisance so as to annoy, injure, or endanger the health, safety, comfort, or repose of the public or as may be in any way render the inhabitants of the City of Centerville, or a considerable number thereof, insecure in life or in use of property, or allow any animal to be a nuisance as described in Section 3.50 through 3.80. Subdivision 3.40 Complaints regarding violations of the nuisance provision of this ordinance may be filed with the Police Department. a) Any person aggrieved by an animal nuisance may make a written complaint to the Police Department, or such other persons designated by the Mayor, stating the acts complained of, the name and address of the owner of the animal, and the name and address of the person making the complaint. b) The Police Department shall then promptly notify the person owning or keeping the animal and shall order the nuisance abated within 5 days. c) If such animal nuisance is not abated within that time, a charge may be made against the owner or keeper of the animal and any person found to have violated the provisions of this section shall be guilty of a misdemeanor. Subdivision 3.50 Trepassing while astride, driving, or leading an animal is specifically prohibited by State of Minnesota Statute 609.605, Subdivision 5. Subdivision 3.60 Animal(s) at large is specifically prohibited by State of Minnesota Statute 609.605, Subdivision 3. Further, persons permitting animals to habitually run at large will upon conviction, be subject to provision of Section IV of this ordinance. Subdivision 3.20 Animal Waste. Animal husbandry and management practices shall be performed in such a manner that structures in which animals are housed and land containing animals: a) Shall be maintained in a clean and sanitary manner; b) Shall be free of excessive accumulation of animal wastes; - c) Shall not provide an attractive breeding site for flies; d) Shall not cause excessive emmision of animal waste odors; Subdivision 3.80 Further, animal wastes shall be disposed of by removal from the premises or by tilling into the soil at regular intervals. SECTION IV. PENALTIES FOR NONCOMPLIANCE Subdivision 4.10 Any person, firm, or corporation violating any of the provisions of this'ordinance shall, upon conviction thereof, be deemed guilty of a misdemeanor as defined by state law. SECTION V. CONTINUOUS, PRE- EXISTING AND NON - CONFORMING USE. Subdivision 5.10 Any continuous, pre - existing and non - conforming uses that were in existence prior to enactment of this ordinance shall be exempt from this ordinance, except as nuisance violations contained herein shall apply. Exemption from this ordinance is contingent upon compliance with all of the following provisions: Subdivision 5.20 Said use has been and will remain continuous since its origination; Subdivision 5.30 That any interruption in said use must not exceed twelve (12) calendar months in length; Subdivision 5.40 That the original acreage shall remain intact and shall not be reduced by any cause, including sale of inclusive real property or expiration of lease to said property; Subdivision 5.50 That said use shall not be intensified in terms of either numbers of animals or additional species of animals. SECTION VI. VARIANCES The City Council shall have the power to authorize variances from this ordinance. The Council may not permit as a variance any use that is not permitted under this ordinance for the property in the district where the affected person's land is located. Subdivision 6.10 Action By The Planning Commission: An application for a variance may be filed by the owner of the affected property at any time. Application for a variance shall be made to the Planning Commission on a form prescribed by the commission and accompanied by such other information as may be required by the commission. The Planning Commission may hold a public hearing on the application no later than forty - five (45) days after the filing of the application. Notice of the hearing shall be mailed not less than ten (10) days before the date of the hearing to each person who filed the request and to each owner of property situated wholly or partly within three hundred fifty' (350) feet of the property to which the variance relates insofar as the names and addresses of such owners can be determined by the Clerk from records available to the public. Within a reasonable time after the hearing,__the.commission shall make its decision on the request and make such recommendations on the request to the council as it deems advisable. Subdivision 6.20 Dicision by The Council: Upon receipt, of the recommendations of the commission, the council shall hold whatever hearings it deems advisable and shall make its decision upon the request to grant the variance. In granting the variance the council may impose conditions which it considers necessary to meet'.the standards of this ordinance and to protect the best interests of the surrounding area and the city as a whole. Violation of any such condition is a violation of this ordinance. Subdivision 6.30 Standards: The Planning Commission shall recommend a variance and the council shall order the issuance of such variance only if it conforms to the following standards: a) Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and do not result from the actions of the petitioner; b) Literal interpretation of the provisions of this ordinance would deprive the petitioner of rights commonly enjoyed by other properties in the same district under the terms of this ordinance; c) Granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, structures, or buildings in the same district; d) The proposed variance will not unreasonably diminish or impair established property values within the surrounding area or in any other respect impair the public health, safety, or welfare of the residents of the city. SECTION VII. This ordinance shall take effect and be in force from and after its passage and publication according to law. Passed by the City Council 25th day of September 1985. /� MAYOR A TTEST: CLERK 1 Concerns for the city ordinance Last November I attended a meeting of the City Council and asked for a cat ordinance. They told me they would table it until the new members were sworn in. To this day, nothing has been done. I feel that anyone having a pet is responsible for their pet, not the neighbor or any other resident. Our cat is tied up every time he is put outside. He has been attacked by other cats running loose. Why should our cat be endangered by irresponsible cat owner's pets? He is tied up and defenseless. We constantly have cats triggering our motion detector lights during the night. There was a survey done and reportedly, cats are becoming the most commonly chosen pet over dogs. We have an outlot next to us that is full of dandelions, goldenrod, and other weeds. We try to keep our weeds undercontrol in our lawn but it becomes a loosing battle when lots next to us aren't cared for. The owner is out of town and has a lawn service care for his lawn but nothing is done to the outlot that he owns. We also have a neighbor who cut down trees along the woods, cleared the parcel and now lets the weeds take over. He didn't bother sodding it. Last summer the weeds were four to five feet high. He also has a pile of junk behind his garage (can be seen from the street). We see it whenever we look out our window and are on our deck. I believe there should be an ordinance stating that all weeds in yards should be treated or removed and that people should not have unsightly junk on their property where neighbors have to view it. Outside speakers and barking dogs are also a nuisance. It makes it difficult when a neighbor has to file a complaint. My neighbor is a person who would retaliate against us in some way if I called in a complaint against him. If you, by chance, check out these complaints, please don't indicate, in any way, that I complained. MEMO DATE : May 19, 1999 TO : Honorable Mayor and Council FROM : Jim March RE : Center Street Ditch Cleaning Included in your packet is a copy of a quote received from RO -SO contracting to muck out the ditch located between the Center Oaks and Parkview Addition developments. The ditch elevations have been taken by the surveyors from Bonestroo. There is positive slope in the ditch, but the ditch has approximately six inches to a foot of sedimentation that should be removed. I phoned Rick Carlson to discuss cleaning out the ditch and explained the many calls I have received from concerned citizens living adjacent to the new development. I was pleased that Mr. Carlson was willing to pay the entire cost of cleaning the ditch. This item is for discussion only. The affected property owners will be informed of the ditch cleaning by the Bonestroo construction observer, Mr. Carlson was willing to have RO -SO complete the project. This agreement will be placed in writing between RO -SO and Rick Carlson. V" on " \ o " cb 9 etv ■re/ Ap vC s MEMORANDUM T \N 4 4 . (i�19 DATE: May 20, 1999 /L ) 71 1/161/ TO: City Council FROM: Ry -Chel Gaustad RE: Group Short Term Disability (STD), Long Term Disability (LTD), and Accidental Death & Dismemberment/Life insurance Attached, please find a detailed description of benefit coverage/payout and four quotes for STD, LTD, AD&D /Life Insurance. Option 1 was quoted Including the Mayor to receive a group discount. Options 2 and 3 excluded the Mayor. Option 4 allows for a 3% cost of living increase for 10 years to the LTD benefit and increases the life insurance amount to $40,000. Life insurance amounts may be IndMdually Increased through a supplemental policy or the City my build In classes (I.e., Supervisors $50,000, Department Heads $45,000 and all other staff $25,000) (Option 5). The City of Circle Pines provides their employees with $10,000 term life Insurance/AD & D, STD and TD. The City of Lino Lakes provides $25,000 term life Insurance/AD & D and LTD for all full and part-time employees. The employees of the City of Circle Pines made concessions to have their plan In place, the following outlines same: The City of Circle Pines "bought out" all accrued sick time, full and part time employees earn a maximum of 6 annual leave days (may be used other than when sick). The City /employees must ensure that a maximum of $9.00 /month of the employees monthly health benefit allotment is applied prior to the payment any other benefits. The City of Lino Lakes provides their employees $25,000 term life and LTD. Currently, the City of Centerville has two Individuals who are obtaining life Insurance through NCPERS (PERA) and three Individuals who are obtaining same through PEIP. PERA's benefits decreasing term life and PEIP's benefits are $10,000 term Ilfe. REQUIREMENTS: 100% Participation City payment of the plan • The following Option 1 depicts the total per employee for STD, LTD, AD&D/Life Insurance. The monthly premiums would be Included in the established monthly benefit program. In short, there Is no added cost to the City. The Inclusion of STD, LTD AD & D/Life Insurance would make a well- rounded employee benefits package. • COORDINATED STDILTD DISABILITY SCHEDULE OF BENEFIT Short Term Disability Coordinated 15/15 Plan For Accident benefit begins after 15 days - 30 days max. For Sick benefit begins after 15 days Benefit Percentage 6096 Pre -Tax earnings Maximum Weekly Benefit $700 & annually reviewed Benefit Period 11 weeks Partial Disability Yea - may go back to work Offset 5096 & work 5096 Long Term Disability Benefit Percentage 60% Maximum Monthly Benefit $3,000 Elimination Period 90 days Benefit Period To age 65 (ADEA/SSNRA) Normal Retirement Social Security Integration Primary & Family Own Occupation Def. of Dlsabillty 36 Months Partial Disability Benefit Yes - may glo back to work Offset 5096 & work 5096 (not In first 12 months) Return to work Incentive 100% for first 12 months 5096 thereafter Minimum Monthly Benefit $100/10% Mental & Nervous Limitations 24 Months (Per Incident) After 2 years, must be Institutionalized Drug & Alcohol Limitations Same as Mental & Nervous Recurring Disability 6 Months Pre-Existing Conditions 3/12 Contribution Non - Contributory - City Paid CD CO 00-10 CA A CO N wno cc ' V ii00 c �V n n C '6 QQ-0 Q 0 n 0 o a = . _ . _ . 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SD 2 5 5 p,p {{,,, CT �� - WW + , A AA 8'; . z NO OODAN the _ 1 a O ooc0000000lj a O • Z0 39t'd crneS 1C 9678- 75Q -Zt9 9£:00 666StZ0170 .t . s — F'* •GeMAoTdoo ;ussano so3 sg ptnot;e tO a6exsnoa ano poi; os AUT3TIM2Spun ;o nuc ' t ;o enp *ngaaf ; ;a *y3 saaig sv uo p*sTT; G* *Aotdwa oa Atdde Atuo *nogg eauTtapin5 *nssl salt:Ing ° eq3 wino 'eozo ;uT 9t *Bss.Aoo corn TpauewflddnS ;I '000'0Z$ wnWTu;W '000'Ot$ ;o said/Took 000'ootS 000'00t$ %09 ' 000'00Z$ 000'0S$ 49Z -c oo0 0$ *St 66t - OS ODODOTTS UOx rj 'DO ' T S ? ean' Z go 'writ, (*MO ( *o aeniL,) 6 - 4 aoo mGWIXVW Ia NoLLY6I3XZbNd 3ZIS MOW o ede 3e sasguywsoz gyp/ Tgauowetddn6 •®Aersnoo a ;pz Tsznewstddns ;o 00o'x$ sod eze Goan; *Aogr aqa, ES'Z$ 69 - 69 99 39 - 09 Lt't8 69 - 55 59'06 65 - 05 6E'0$ 69 - St trot tt - 03 ZT'06 SE - 5E TT'OS tt - OE 60 OE =spun s,LInn,T8e SO 'rwflN3S 83M TdLN3N3Zddns 9TIIAMIRSD 60 £LIl 0 t oa £T6'ON •`^• •'�'� 40:a 66/L0/h0 60 39Vd d102D ltf 96b8- 45L -LT9 9Q:00 6667/E040 MEMO DATE : May 19, 1999 TO : Honorable Mayor and Council FROM : Jim March RE : Utility extension through the Industrial Park A request has been made to ask the City to place trunk utilities through the Industrial Park with the excess funds that were received from assessments on the 20th Avenue sewer and water project. After the assessments were certified, a number of field changes by HR Green were enacted that reduced the cost of the overall project. I have asked Tom Peterson to review these cost savings and report his findings at the Council meeting. • The request has been made to install trunk water and sewer utilities east of 20th Avenue into the Industrial Park north of the proposed Royal Oaks Industrial Park. This utility extension would benefit the three lots on the north end of the Royal Oaks Industrial Park as well as much of Gerald Rehbein's undeveloped property. No utility stubs would be proposed to be paid for by the City. Mr. Gerald Rehbein and the Royal Oaks developers have agreed to each pay 50% of the cost of street, storm sewer and curb and gutter construction on the proposed "street b" of the Royal Oaks Industrial Park. The City would be under no obligation to extend these utilities. The overall benefit to the City would be the immediate availability of additional areas of vacant industrial property that is served with water /sewer and road access. In the competitive reality of business recruitment, this would be an added enticement for potential new Centerville businesses. This item will be more fully explained through the use of visuals at the Council meeting. 4 RESOLUTION 99 -02 APPROVING FEE SCHEDULE FOR 1999 THE CITY OF CENTERVILLE RESOLVES: Section 1. The following fees for indicated sales, permits and licenses are approved: TITLE FRE 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 75,00 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 Resolution 99 -02 Interim Use Permit 75.00 Kennel Permit Fee 25.00 Liquor Licenses: 3.2 Beer Permit - Special Events 35.00 plus $5.00 for each add'1 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 0.325 per mile Mining/Grading Permits See Exhibit "B" Park Dedication Fees - per dwelling unit Land Dedication / 1200.00 Trail Dedication (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 2 Resolution 99 -02 Residential Equivalent Unit t,750.00 Sewer Availability Charge (SAC) 1,050.00 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 13, 1999. Mayor Tom Wilharber ATTEST: Ry -Chel Gaustad, CMC City Clerk *Amended 5/26/99 3 zja NOTICE AND ORDER TO REPAIR SUBSTA vo D COUNC`L rt04:BFF r% DATE : oZ Ut,;Ol L e'.r ps3 17 / 3/99 CD 4 1,. ADDRESS: 7/2/ Ova"die Rear/ C pu t 3Gl i . t ' � �Oi11NG Ca° p1AK t & LEGAL DESCRIPTION: L o> 4 4 4 Ce«-hrvd/e, PAR K p�G The Centerville Building Official has visually inspected the exterior of the above mentioned address. Upon inspection it has been determined that there exists a substandard building as defined under Section 202 of the Uniform Housing Code. The following conditions are present that render your building or the premises on which same is located a substandard building. 1. Section 1001.8 Faulty Weather Protection 2. Section 1001.11 Hazardous or Insanitary Premises The following actions need to be taken to correct this situation. 1. The siding on all walls of the garage needs to be installed and painted. Shingles need to be trimmed along the roof edges. Trim boards need to be painted. 2. The buckets and wood piled on the north side of the garage needs to be removed. It has been reported that rodents are being harbored in the wood piles. 3. All vehicles and trailers on the property must be in working condition and properly licensed. 4. The wood piles need to be properly stacked. Wood that has decayed to a point of being considered debris needs to be removed from the property. If the above repairs are not made within 60 days, I will order the work to be done and charge the costs thereof against the property or its owner as defined in Section 1601 of the Uniform Housing Code. Any person having any record title or legal interest in the building may appeal this notice and order to the housing advisory and appeals board. A request to appeal this notice and order needs to be in writing and mailed to the following address within 30 days of the date of this notice. Send appeals to : Centerville City Hall 1880 Main Street Centerville, MN 55038 Failure to appeal this notice will constitute a waiver of all rights to an administrative hearing and determination of the matter. Paul Palz-r Certifie Building Official # 1573, City of Centerville MAY 1 0 1999 WASTE MANAGEMENT 10050 Naples Sneer RE, Blaine, MN 55449 1-612-890-1100 1-612-783-5477 Fax May 7, 1999 Ry -Chel Gaustad City of Centerville 1880 Main Street Centerville, MN 55038 RE: Customer Complaints I am please to report we have not had any service issues reported to our office during the month of April. In the event a resident is missed on the route we collect the missed stop at the end of the route on Friday and/or the following Monday. If you have any questions please feel free to contact me at 612- 483 -5444. Respectfully Submitted, ✓ P ,:,: Ronald P. Gersdorf Municipal Marketing Manager Waste Management of MN A Division of Waste Management of Minnesota 2 > J I r e =� g ° k �i / 0 7 I I , f§ f 3 E _ £- a ' 2( ■� $a `� 2 � �� ifi ■a _ | / , ,ww P.'1') 2 , 0. ! January . a o 7 f £ ,� -4 ,to ta ; t/ § o o § February 2 „a „ o,; t§ 2 , o o March 2 , 0 N E „eao�; t) 2 o 0 § April i , , if i f at - a k ° \ May = te � § § 0 b 2 km � g ) § a 0 0 A July / f ° 3 1 . a p o o August g § § CO * o September § § CO * o o $ October o o o 2 November o 2 0 2 December ( o \ ;,�m�■ ;0 j§ oo 0 § k¥ to Date ) o roai� /) o 2 Average mo_ APPR CENTERVILLE ECONOMIC DEVELOPMENT COM IITFEE REGULAR MEETING MINUTES APRIL 20, 1999 Pursuant to due call and notice thereof, the Centerville Economic Development Committee held their regular scheduled meeting on April 20, 1999 at City Hall, 1880 Main Street. Present: Councilmember Dick Travis EDC Chairperson Tim Rehbine (7:17) Committee Member Mary Capra Committee Member Paul Montain Committee Member John Magi11(7: Committee Member Lori Dorn Staff: Aimee Fairbrother, EDC /Staff Liaison Absent: None Appearances: Dennis Johnson from Minnesota Displays and Graphics CALL TO ORDER Committee Member Paul Montain called the meeting to order at 7:10 p.m. APPOINTMENTS Chairperson Tim Rehbine officially welcomed Lori Dorn as the newest i„c��. o f the Centerville Economic Development Committee. Ms. Dom thanked the committee, and indicated that she is looking forward to serving on EDC. APPROVAL OF MARCH MINUTES Motion by Mr. Montain to approve the MarctrlC 1999 meeting minutes. Mr. Rehbine seconded the motion. All in favor. Motion carried unanimously. APPROVAL OF DESIGN TEAM SPECIAL MEETING MINUTES Motion by Mr. Rehbine to approve the March 25, 1999 Design Team Special Meeting minutes. Ms. Capra seconded the motion. Alit favor. Motion carried - unanimously. OI.ABUSINESS A DESIGN TEAM - "IDEAS IN ACTION" A. Heritage Museum: Ms. Capra commented that she has contacted the Heritage Preservation Commission. - In a letterfrow the they indicated howto go about preserving communities. There are some grants available to survey the buildings, but funds are not available to ve actual buildings. Ms. Capra is willing put together more of a presentation for next month if the committee would like. NEWBU.SINF.SS ECONOMIC DEVELOPMENT COMMITTEE- 1999- BUDGET/UkLtkNCE 1a1• 11:1 1 AlI U -- 11 :l • : 1• q •!1 1 •1111 11 u li i•1 • I1 - ;HI 1 - 'yl =1\/ - 11 - 12 IIM 11 - . 1 1U11. =111 • • outer to 1" :MG • 7.1 • •.1 enterprise account for the Economic Development Committee All finds and filture I I I % • 1 • • II •,I a . • • Or yt 11111!1 • 1 111 I I I • 1 ' o / 1 - . • I1■ : . Motion carried unanimously Aimee-Fairbrother stated that theret a di between the balance and - the budget. The current budget is $6500, but our current revenue is $373.67, The money that we have spent so far this year is $294.66. 1999 BUSINESS APPRECIATION DINNER Mr. Rehbineindicated thatthe Business Apptet,iation will be orrMay 11; 1999 at 5:00. We will have our regular scheduled meeting following the dinner. Aimee Fairbrother will check to see what-we decided - on for presentation of the awards. The invitations will be the same as last year, and will be mailed out on April 27, 1999. A call- in R.S. V.P. will be recommended 1999. The committee would like the banner donators to the list of invites. Committee member Capra stated that she will coordinate the -fruit and veggie platters, the and desserts. Committee - member Magill stated that he will bring the meat and the soda. Mr. Magill added that he will provide the and grills; as well cook. Aimee Fairbrother into paper products and plastic silverware. Ms. Fairbrother will contact the Mayor and Councilmember Brenner in-regards speaking-at the dinner. DESIGN TEAM SIX MONTH FOLLOW UP VISIT Ms: Capra stated that the followupvisitwill beheld - on - June - 12, 1999 at Centerville Elementary School from 10 a.m. - noon. Ms. Capra indicated that each task group leader should be asked to give a brief presentation ontheprogress of their task - thus far. Mary Capra stated that a letter would be sent to the task leaders in the next week or so. Citizens will be notified througirau i„vilatiunirrthe newsletter, the and also via the cable channel. Businesses and residents that donated money for the "Welcome Banner" will also be invited - in - the "thank letter going-out on April 21 -, 1999 Ms. Fairbrother presented a letter that included a thank you, a brief follow up of Design Team Activities, and an invitation to attend the June 12 follow up meeting. Penny Simonson and Lucy Thompson of the Minnesota Design Team will invite the other team nueufbers Mr. Magill stated that he would provide the danishes and juice. Ms. Capra stated that she would arrange for the coffee and paperproducts Ms. Capra questioned i eutal of the microphone. The committee agreed not to rent the microphone for this event. Ms. Capra stated that she contact Cathy Wyland at Community Service to rent the cafeteria. Ms. Capra also indicated that Theresa Brenner and herself were working on a six month survey to be filled out by residents at up. PORTABLE EXHIBIT QUOTES Exhibit Idea #I Dennis Johnson - of Minnesota Displays Graphics gave a presentation on-the possibilities of creating a portable exhibit display for indoor /outdoor use within the city. Aftergiving an of his company; Mr. Julu,sorrindih,ated that he intereste4 in assisting the committee with their display needs, although he is not sure if his company will be- able to build the type display the committee is looking to create: Mr. Johnson stated that he needs to get specific information from the committee before any quote can be given. The following items were Timeline: End of July Type Artwork: Sketches drawirbytheMi u,eautaDesigxrTeam. Current Size is 30x42. Mr. Johnson stated that the sketches would have to be transferred into an electronic file, and then enlarged. Size and Sti ucture: Some - of a (s) that we attach to a plmfunu, thatwould portray a sketch (s) of the Design Team visions. Mr. Johnson stated that we need to use a durable material to ensure prolonged usage: Mr. Johnsorr showed the committee a heavy plastic type material that his company uses. The plastic piece would show graphics that the committee choose, and-would-need be to awooden frame on With a display of this size, consideration of wind and safety factors must be taken. Mr. Johnson is not interested in wooden fia<ne With a - 4x8 size a bigger print of one image, and smaller images of some others could be displayed. Mr. Johnson suggested putting more tlaeeinmges orrthe display. Flexibility of Display: We would like to be able to move the exhibit around the city from time to time. Places of possibledistrta ywould be the school, city hall, church Corner Express etc. Pulling out the images and going with a second set of images. Protection: The committeewould liketo have a replacable plastic covering itrcase,of vandalism, Mr. Johnson does not offer this this product, although the committee could purchase a piece of plexi-glas to screw ove, the-top. Set up/Tear dowir Maybe once Period of Usage: 2 -3 years Cost: Anywhere from-a couple - hundred - to-a - few thousand. Costs included- would- be-the photographs, transparencies, mounting, printing, and design of the display itself. Mr. Johnson that - ht would back 1 -2 weeks a quote. Ex-hibitldea # 2 Aimee Fairbrother presented -anotheroptiorrforthe exhibit submitted by-Gary of Graphic Exhibits Inc. The frame suggested by Mr. Murphy for the portable exhibit is the same - type of sign found on the ofbusses The &dine - would be weatherresistant, and different sketches could be placed inside. The cost of this item would be about $200:00. Mr. Montain questioned the durability and credibility of this type -uf sityi vs. Mr. Johnson's displays. John - Magill suggested thatifwe could make asigirthatwould just fold it would be more beneficial. It would be easier to move, and if it was made somewhat weatherresistant we could place - it outside orinside. We do - not want to so elaborate that it takes a lot of time to move, it most likely will not get done. The easier that make move, the ruoie itwi}Yget - doge. Exhibit Idea #3 Ms. Capra stated that she - would witlrBolrThein of-White Bear Lake if he can photograph the sketches with out glare. She also stated that she will check with Pro-Ex to get a cost on reproductions -a fudl bo*rd. ADJOURN Motion adjourn at 9:20wasuidde - byMr. Rehbine. Motion seconded by Ms Capra. Motion carried unanimously. Respectfully Submitted, Aimee Fairbrother EDC /Staff Liaison RECEIPTS at DISBURSEMENTS May 13- 26,1999 BALANCE IN CHECKING ACCOUNT AS OF May 13,1999 $2,022,852.00 RECEIPTS $77,334.69 $77,334.69 DISBURSEMENTS $51,038.62 $51,038.62 PAYROLL PERIOD ENDING 5/9/99 $7,583.20 BALANCE IN CHECKING ACCOUNT AS OF May 26,1999 $2,041,564.87 26 May 1999 5/13- 5/26/99 Page 1 Ned 8:48 AM CITY OF CENTERVILLE Ref Last Dim Transaction Batch Number Tp Account Code Description Amount Date Comments Name Customer Number 4283 R 617 -36208 Miscellaneous Revenues 5.80 17- May-99 CRAFT RE6. 051799 4285 R 181 -32188 Other Licenses /Permits- leases 60.50 17- May -99 PLUMB. PERMIT -I4URR PLINK. 051799 4202 R 101 -32210 Building Permits 138.86 17- May-99 7238 BRIAN DRIVE -FORD 051799 4281 R 101 -32218 Building Permits 191.68 17- May-99 7029 LSIOTTE DR.- SLMDRUIS 851799 4200 R 101 -32210 Building Permits 51.00 17- May-99 1868 REVOIR ST.- ABRA4PNSO 851799 4199 R 617 -36280 Miscellaneous Revenues 10.00 17- May-99 CRAFT RE6. & TABLE 851799 4195 R 617 -36288 Miscellaneous Revenues 5.08 17- May-99 CRAFT REG. 051799 4194 R 601 -34608 WATER METER CHARGES 276.00 17- May-99 1668 LAKELAND CIR.- BOSCHE 051799 4194 R 415 -32350 STORM WATER DRAINAGE FIAB) 208.00 17- May-99 1668 LAKELI4D CIR.- B0SC}t 0551799 4194 R 101 -32218 Building Permits 2,594.44 17- May-99 1668 LAKELAND CIR. -SOMME 851799 4194 R 101 -32388 SITE FAINT FEE -8LD6 PERMITS 1,758.80 17- May -99 1668 LAKELAND CIR. - BOSCHE 051799 4194 R 602 -37250 Sewer Connect /Reconnect Fee 25.00 17- May-99 1668 LAKELAND CIR.- BOSCHE 051799 4194 R 101 -32250 MAIL BOX FEES 235.00 17- May-99 1668 LAKELAND CIR. -BOSCIE 851799 4194 R 682 -34700 SAC CHARGES 1,050.00 17-May -99 1668 LAKELAND LIR.- BOSCHE 851799 4194 R 681 -37150 Water Connect /Reconnect Fee 1,308.00 17- May-99 1668 LAKELAND CIR. -BOSCHE 051799 4193 R 181 -35800 Fines and Forfeits 2,744.91 17- May -99 PARKING & OTHER - APRIL 051799 4192 R 101 -36270 rEFUND5 /REINBURSENENTs 25.08 17- May-99 1ST DTR. NEWSLETTER AD 051799 4190 R 101 -32210 Building Permits 138.86 17- May -99 1835 HOULE CIRCLE - JOHNSON 851799 4191 R 431 -32350 STORM WATER DRAINAGE FIND 4,008.08 17- 4ay-99 R & R LEASING-ENG. FEES 851799 4189 R 617 -36200 Miscellaneous Revenues 10.80 17- May -99 DONATION -CAPRA 051799 4188 R 181 -32180 Other Licenses /Permits- leases 16.00 17- May -99 2830 MAIN ST. -THE PLUMBER 051799 4198 R 881 -36235 ESCROW DEPOSITS 808.08 17- May -99 50D -1656 LAKELAND- IMPERIA 851799 4197 R 617 -36280 Miscellaneous Revenues 5.00 17- May-99 CRAFT RE6. 851799 4196 R 617 -36288 Miscellaneous Revenues 5.88 17- May -99 DONATION 851799 4206 R 181 -36278 REFUNDS /REIMBURSEMENTS 25.08 17- May -99 SPRING NEWSLETTER AD. 051799 4207 R 101 -36270 REFUNDS/ REIMBURSEMENTS 25.08 17- May -99 SPRING NEWSLETTER AD. 851799 4208 R 101 -36270 REFUNDS /REIMBURSEMENTS 25.08 17- May -99 SPRING NEWSLETTER AD. 051799 4289 R 101 -36270 REFUNDS/REIMBURSEMENTS 25.08 17-May -99 SPRING NEWSLETTER AD. 051799 4284 R 101 -32210 Building Permits 30.00 17- May -99 6900 - 20Th ME. -R & R 051799 4210 R 617 -36288 Miscellaneous Revenues 10.08 17- May -99 CRAFT SNOW & TABLE 051799 4211 R 681 -37100 Water Sales 1,786.89 17- May -99 BATCH 11911 & 912 (UTILITI 051799 4211 R 602 -37288 Sewer Sales 2,453.19 17- May -99 BATCH 1911 & 912 (UTILITI 051799 4211 R 415 -32358 STORM WATER DRAINAGE FIND 123.89 17- Nay -99 BATCH 8911 & 912 (UTILITI 051799 4211 R 181 -36288 SALES TAX COLLECTIONS 1.56 17- May-99 BATCH fill & 912 (UTILITI 051799 4218 R 681 -37100 Water Sales 2,304.60 17- May -99 (UTILITIES -BATCH 8903 &908 051799 4218 R 602 -37200 Sewer Sales 1,428.91 17- May -99 (UTILITIES -BATCH 8909&908 051799 4218 R 415 -32350 STORM WATER DRAINAGE FIND 112.88 17- May-99 (UTILITIES -BATCH 119091908 051799 9982220 R 101 -36200 Miscellaneous Revenues 1.00 25- May -99 PHOTO COPIES 852599 4245 R 181 -32188 Other Licenses /Permits - leases 16.00 25- May -99 PLUMB. PERMIT -GOETI LAND. 052599 4244 R 101 -32225 ELECTRICAL PERMITS 88.58 25- May -99 6978 NERD0W CIR. - NORWAY 052599 4243 R 181 -34107 Assessment Search Fees 40.00 25- May-99 6978 MEADOW CIR. 1 1833 V 852599 4242 A 181 -34107 Assessment Search Fees 20.08 25- May -99 1771 MEADOW LANE 052599 4239 R 181-32210 Building Permits 64.42 25-May -99 1969 MAIN ST.- SAGSibIIER 052599 4241 R 181 -32210 Building Permits • 138.86 25- May-99 7264 BRIAN DR. 052599 4238 R 617 -36208 Miscellaneous Revenues 5.08 25- Nay -99 CRAFT REGISTRATION 052599 4237 R 101 -32800 Licenses and Permits 30.00 25- May -99 BURNS PERMIT- LESSARD 052599 4236 R 181 -32180 Other licenses /Permits - leases 137.08 25- May -99 PLUMB. PERM. - 6978/6971 ME 052599 4234 R 101 -32218 Building Permits 42.35 25-May -99 1649 HERITAGE ST.-RE -ROOF 052599 4233 R 101 -32200 Non- Business licenses /Permits 24.80 25- May -99 D06 LTC. -759 & 760 -ELKEN 852599 4228 R 181 -32210 Building Permits 48.58 25- May -99 MECH. PERM-6995 28111 AVE 852599 26 May 1999 5/13- 5/26/99 Page 2 Wed 8:40 AM CITY OF CENTERVILLE ' Ref Last Die Transaction Batch Number Tp Account Code Description Amount Date Comments Name Customer Number 4232 R 617 -36208 Miscellaneous Revenues 5.80 25- May-99 CRAFT REGISTRATION 052599 4231 R 101 -32218 Building Permits 120.58 25- Nay -99 MECH. PERM. -6970 MEADOW 052599 4229 R 617 -36200 Miscellaneous Revenues 5.08 25- May -99 CRAFT REGISTRATION 852599 4227 R 617 -36200 Miscellaneous Revenues 5.88 25- May-99 CRAFT RE6. 052599 4226 R 101 -34107 Assessment Search Fees 28.00 25-May -99 7038 D PRE RD. -REG. ASST. 052599 4225 R 101 -34187 Assessment Search Fees 20.08 25- May-99 6961 MEADOW CRT. -LAND TIT 052599 4224 R 324 -36108 Special Assessments 11,534.72 25-May -99 1723 MEADOW LN.- CAPITAL 052599 4223 R 324 -36100 Special Assessments 11,534.72 25- May -99 6984 MEAD041 CIR.- CAPITAL 052599 4222 R 617 -36200 Miscellaneous Revenues 5.80 25- May-99 CRAFT WAG. 052599 4221 R 101 -36270 REFUNDS /REIMBURSEMENTS 3.80 25- May -99 POSTAGE REIMB. 852599 4219 R 101 -32210 Building Permits 138.86 25- May-99 7016 FABLE TRAIL-COLLINS 052599 4220 R 181 -32218 Building Permits 110.18 25-May -99 7874 EAGLE TR. 618501 852599 4216 R 101- 32210 Building Permits !88.82 25 May-99 7180 CLEAR M.- BERGLIRJD 052599 4215 R 181 -32225 ELECTRICAL PERMITS 161.80 25- May-99 7062 EAGLE /6961 MEADOW CT 852599 4213 R 181 -32210 Building Permits 51.80 25- May-99 1875 - 73RD ST.- STELIS 052599 4212 R 617 -36200 Miscellaneous Revenues 5.00 25- May-99 CRAFT REG. 052599 4214 R 101 -32218 Building Permits 20.50 25- May-99 7024 EAGLE TR. -AIR MECH. 052599 4230 R 101 -36200 Miscellaneous Revenues 10.00 25- May-99 2 CRAFT REG. 052599 4248 R 101 -36270 REFUNDS/REIMBURSEMENTS 146.80 25- May -99 WORKER'S CORP. DIVIDEND 052599 4247 R 101 -36208 Miscellaneous Revenues 25.00 25- May -99 SPRING NEWSLETTER AD 052599 4246 R 101 -36200 Miscellaneous Revenues 25.00 25- May -99 SPRING NEWSLETTER AD 052599 4217 R 681 -34600 WATER METER CHARGES 276.80 25- May-99 1723 MEADOW LN.- ACKERMAN 052599 4217 R 415 -32350 STORM HATER DRAINAGE Fl14D 200.08 25- Kay-99 1723 MEADOW LN- ACKERMW4 052599 4217 R 101 -32210 Building Permits 1,618.39 25-May -99 1723 )MOOW LN- ACKERMAN 052599 4217 R 101 -32300 SITE MAINT FEE -BLDG PERMITS 1,750.00 25- May-99 1723 MEADOW LN- AMERMAN 052599 4217 R 682 -37250 Sewer Connect /Reconnect Fee 25.00 25- May-99 1723 MEADOW LN- RCKERN N 052599 4217 R 101 -32250 MAIL BOX FEES 225.00 25- May -99 1723 MEADOW 1.14-RCKEW (IV 852599 4217 R 602-34700 SAC CHARGES 1, 050.00 25- May -99 1723 WEADO4 LM- ACNERIYYd 052599 4217 R 601 -37150 Mater Connect /Reconnect Fee 1,300.80 25- May-99 1723 VEADOW1N- ACKERNAN 052599 4248 R 601 -34600 WATER METER CHARGES 276.00 25- May-99 6971 EAGLE TR. -SWIFT 052599 4240R 415-32350 STORM WATER DRAINAGE FUND 280.00 25- May-99 6971 EAGLE TR. -SWIFT 052599 4248 R 101 -32210 Building Permits 2,112.45 25- May-99 6971 EAGLE TR. -SWIFT 052599 4240 R 101 -32300 SITE MAINT FEE -BLDG PERMITS 1,750.00 25- May-99 6971 EAGLE TR. -SWIFT 052599 4240 R 602-37250 Sewer Connect /Reconnect Fee 25.00 25-May -99 6971 EAGLE TR. -SWIFT 052599 4248R 101 -32250 MAIL BOX FEES 225.00 25- May-99 6971 EAGLE TR. -SWIFT 052599 4240 R 602 -34700 SAC C1 RGES 1,050.08 25- May-99 6971 EAGLE TR. -SWIFT 052599 4240 R 601 -37150 Water Connect/Reconnect Fee 1,300.00 25- May -99 6971 EAGLE TR. -SWIFT 052599 4250 R 101 -32225 ELECTRICAL PERMITS 80.50 25- May-99 6975 MEADOW CRT. -FEDERAL 052599 4249 R 681 -37180 Water Sales 1,292.49 25-May -99 (BATCH 191519161 UTILITIE 052599 4249 R 682 -37200 Sewer Sales 1,691.80 25- May-99 (BATCH 191519161 UTILITIE 052599 4249R 415 -32350 STORM WATER DRAINAGE FUND 74.00 25- May-99 (BATCH 19151916) UTILITIE 052599 4288 R 324 -36100 Special Assessments 11,534.72 25-May -99 1743 WADI LN- CAPITAL 852599 4290 R 602 -37280 Sewer Sales 19.85 25- May-99 BRUNO -BANK. 052599 4289 R 601 -37108 Water Sales 152.55 25- May -99 (BATCH 1917/918) UTILITIE 052599 4289 R 602 -37200 Sewer Sales 379.65 25-May -99 (BATCH 1917 /918) UTILITIE 052599 4289R 415 -32358 STORM WATER DRAINAGE FUND 16.80 25- May-99 (BATCH 1917/918) UTILITIE 052599 4291 R 101 -36208 Miscellaneous Revenues 37.75 25- May -99 POPCORN SALES 052599 Totals Customer Number 77,334.69 Grand Total 77,334.69 dfa2:0 NnPaidI 'aSP°"CE OIEEDister Page 1 Check Number Date Vendor Amount 100001 00016 AT 8 T 26.41 . T00002 00112 BARMA, QUZY 8 STEFFEN LTD. 4,108.00 700003 00523 BEVA L. OLSON 60.00 700004 00563 BILL WEIGEL SI6H5 676.25 100005 00033 CIRCLE PINES /LEXINGTON POLICE 22,680.67 T00006 80075 D. J.' S FRNICIPAL SUPPLY CO. 108.28 700007 00097 ECM PUBLISHERS RC 375.00 700008 00856 ELECTRICAL INSTALL. 8 MAIN. 4,745.00 100009 00258 6p.DEN6ATE INTERBET SERVICES 24.95 100010 00048 GOPHER STATE DE CALL INC 38.50 100011 00020 GOTWALD, PAN 200.60 700012 00069 BOUERMENT TRAINING SERVICE 206.00 100013 00215 GRAPHIC MASTERS 215.93 100014 00058 HOWARD R GREEN COMPANY 328.66 100015 00045 INTERNATIONAL UNION OF OPERATI 58.00 700016 00567 IRS /FIRS7AR 3,137.68 100017 00542 KNOX LUMBER COMPANY 30.34 100018 00062 LEASE OF MN CITIES 70.00 100019 00259 LEGAL VIDEO INCORPORATED 39.26 700020 80082 LIGHTNING PRINTING 874.93 100021 00565 LORI DORN 133.72 100022 00483 MAGILL, JOHN 114.73 Tom23 00407 MARCH, JAMES 297.40 700024 00054 MEDICA 1,719.65 100025 00465 MIKE ACKERMAN CONSTRUCT., INC. 880.00 • 100426 00024 MIMEEASCO 278.98 100027 00036 MINNESOTA DEPT OF REVENUE 553.12 700028 00028 MINNESOTA PIPE 8 EQUIPMENT 153.54 100029 00096 MN DEPARTMENT OF HEALTH 693.00 100030 00110 NCPERS LIFE INSUTdiCE 24.00 700031 00023 NORTWERN STATES POWER C014:ANY 949.31 T00032 0 308 OLSON POWER 8 EQUIPMENT, INC 509.82 700033 00514 ON -SITE SANITATION 67.12 100034 00564 PAT D(& 175.00 100035 00043 PRESS PUBLICATION 299.07 700036 00035 PUBLIC EMPLOYEES RETIREMENT 1,138.86 100037 00051 PUBLIC EMPLOYEES INS PROGRAM 506.71 T00038 00018 SUBURBAN INSPECTIONS 554.04 1000039 00008 SWIFT CONSTRUCTION 80.50 700040 00094 U.S. FILTER DISTR /EDEN PRAIRIE 372.75 700041 08022 U.S. ZEST COMMUNICATIONS 693.32 100042 00322 USCM CLEARING ACCOUNT - PEBSCO 707.94 100043 00410 {ESTERLIND, ROBERT 32.00 • Grand Total 49058.44 CMRS -TMS 500.00 Centerville Lions 75.00 League of MN Cities 560.00 Rudy's Rental 301.25 MANUAL CHECKS U of M 170.00 Stillwater Trolley 75.00 US Postal Service 198.93 David Walbridge 100.00 .s / dig dz • 26 May 9;27 AN CIITY CEENIERVILLLE Page 1 Red Pay Pay Check Employee Employee Pay Group Group Check Number Number Name Period Number Description Date Check Amount Count 005543 000008069 BENDER, TERESA 10 01 BI- WEEKLY 13- May -99 748.27 1 005544 000000047 COOK, KENNETH 10 81 BI- WEEKLY 13- May-99 774.93 1 005545 080000058 DANIELSON, TIMOTHY E 10 01 BI- WEEKLY 13- May-99 946.56 1 005546 000000066 FAIRBRDTHER, AIMEE L. 18 81 BIWEEKLY 13- May-99 413.77 1 085547 000000054 LAUSTAD, RY-CHEL D. 10 01 BI- WEEKLY 13- May -99 954.98 1 085548 088800051 HAGERTY, RANDALL P. 10 01 B1- WEEKLY 13-May-99 126.52 1 805549 000008059 LIEN, JILL M 10 81 DI- WEEKLY 13- May -99 403.45 1 805550 000000053 MARCH, JAMES V. 10 01 BI- IEEKLY 13-May -99 1,244.50 1 085551 000000026 PAI.ZER, PAUL J. 10 01 B1-M9iLY 13-May -99 1,131.61 1 085552 000000063 WESTERLUND, ROBERT 10 81 BI- WEEKLY 13-May-99 838.61 1 Brand Total 7,58 10 PROPOSAL R O - SO contracting, Inc. Underground Utility Contractors 7137 20TH AVENUE NORTH • CENTERVILLE, MN 55038 • TELEPHONE: (612) 429 -2669 • FAX 429 -0471 City of Centerville DATE 5 -05 -99 JOB No Attn: Paul JOB NAME nitrh rIeaning LOCATION QUANTITY DESCRIPTION ® EXTENSTON Clean ditch south of Brian Drive to south of 72nd Street. City to furnish one dump truck w /driver and dump site. $5,875.00 Clean ditch north side of Center Street from C.S.A.H. 20 to 10 lots east. LeavQ. mat rial on site. $1,900.00 Removal of material from site. City to f' h ••' .ull. - . • It• ' 26 May 1999 Fellow Council Members & Staff: Interesting meeting the other night of the Tri -City Task Force (Police ). It was Monday 24May99 from 7 -IOPM at Circle Pines, Jim March from Centerville was not there, but Dale Summerhouse & Robert Wright (Citizen Representatives) and myselfwere there. 1. Items discussed were the funding formula, it will be split on a Factor based on calls 40%, population 40% and the IACP (International Association of Chiefs of Police) formula of 20 %. The IACP formula looks at the type of calls and then recommends how many officers should be in a area to handle these sort of crimes (NOTE: Based on the present it is recommended : Centerville 3.71% officers CirciePines 5.39% officers Lexington 6.10% officers The task force is recommending that the above funding formula be approved. 2. Next was the asset issue of how much Centerville should pay to buy into joining the other two cities in a tri-city police department, the initial amount was assets value of $293,000.00, taking the value of the vehicles which are leased and a couple of other things (The military sedan, That I obtained for them for a $1.00 was also taken off the list). Then valuation based on the age of things, it got down to $35,922.89. I was then asked how much we (Centerville) was willing to pay? I stated zero, based on being under contract since 1991 and felt that we have been paying for these items all along. Lexington wasn't too happy with my zero amount, but Councilmember Phil Korst said how about $1.00, which I agreed too, there was a bit of discussion, but the Task force agreed to recommend to the City Councils of a $1.00 buyin. We will be liable for officers vacation, sick leave, overtime and holiday pay if we would back out of any Joint Powers Agreement. 3. I am attached to this note, the draft Joint Powers Agreement, Jim Keinath which the three city administrators: Jim Marc h J im Ke an d Mike Delmonte will be working on 28 June 1999. If you have input please get with Jim as soon as possible for any recommended changes, the two citizens Dale Summerhouse and Robert Wright will also be getting their input in also. This has not been run by any lawyers yet, so we can attempt to save money until a better final draft is done. 4. Any questions, let me know ?? -1 Tom Wilharber Mayor DRAFT March 30, 1999 Joint powers sections 1. General Purpose 2. Joint Powers Police Commission make up /Organization 3. Official Address 4. Powers of Committee 5. Equipment and Buildings 6. Funding Formula 7. Budget 8. Buy In 9. Arbitration 10. Dispute Resolution 11. Withdrawal 12. Duration 13. Distribution of Equipment 14. Counterpart 15. Amendment JOINT MUNICIPAL POLICE DEPARTMENT CONTRACT CITIES OF LEXINGTON CENTERVILLE AND CIRCLE PINES, MINNESOTA This contract is entered into this day of 1999, by and between the City of Circle Pines, hereinafter referred to as "Circle Pines," and the City of Lexington, hereinafter referred to as "Lexington," and the City of Centerville hereinafter referred to as "Centerville ", all municipal corporations located in the County of Anoka, State of Minnesota. WHEREAS, Centerville, Circle Pines and Lexington desire to establish, equip and operate a joint municipal police department to protect, safeguard and furnish police protection for their citizens pursuant to Minnesota Statutes Section 436.06, and WHEREAS, the parties hereto desire to establish a Board of Police Commissioners pursuant to the authority of Minnesota Statutes Section 436.06, Subd. 2, hereinafter referred to as the "Commission" to control and supervise the administration of the joint police department. NOW, THEREFORE, IT IS HEREBY AGREED as follows: SECTION I GENERAL PURPOSE It is the general purpose of the parties to this agreement to continue an organization to jointly and cooperatively provide police protection services including, but not limited to, .crime prevention, response to police calls and patrolling. • SECTION II TRI -CITY POLICE ORGANIZATION 2.1 Establishment. There is hereby established the "Tri -City Police District" (hereinafter referred to as the "District ") to be managed through a three (3) tier system. The management tiers will be broken out as follows; 1. First line management will consist of the Police Chief. The Police Chief will be fully responsible for the day to day operation and maintenance of the District and it's facilities. This is an appointed position whose contract, appointment, ratification or removal requires a unanimous approval of the member municipalities, In the event that the member municipalities are unable to agree on a person to fill the position of Police Chief, the District by majority vote shall appoint an acting PoliceChief Specific personnel issues for the Chief will be covered under a Rules and Regulations policy adopted by the Police Commission. 2. Second -line management will consist of a Police Commission (referred to � y .Yc herein as the "Commission ") made up of two (2) elected officials appointed from 1 "'LC each member municipality in the District by the respective city councils for a C ti maximum four (4) year term. At the end of the first two (2) year term each City is only required to have one (1) elected official of the two (2) regular appointees. The Committee shall meet regularly on a monthly basis and at special meetings as called One (1) administrative staff person from each municipality shall be appointed by the respective City Councils to serve as ex officio members of the rcA Police Commission and shall meet with the Police Chief regarding operations and administrative concerns on a monthly basis. yLL 3. Third -line management will consist of the city council of each municipality, These bodies will be responsible for final policy and budget decisions as outlined in this Agreement. 2.2 The venue of the Committee will rotate between the member municipalities or an agreed upon location, with the administrative staff chairing the meetings when in their respective City.., °d g E� ? sz cr 2.3 Each municipality shall choose an alternate to the Committee who shall be an ejected official and shall operate as a Committee member only in the absence of one of the municipality's two (2) regular appointees. 2 2.4 Boundaries. The area included within the District is the area contained within the corporate limits of the municipalities which are parties to this Joint Powers Agreement, as adjusted in the future, whether by annexation or otherwise. 2.5 Payment of Bills. The member municipalities confer upon the administrative staff persons appointed to serve on the Commission the authority to approve budgeted expenditures during their monthly meetings. Non - budgeted expenditures must be approved at a special or regular meeting of the Commission. A monthly bill list shall be submitted to each municipality at their first regular City Council meeting, 2.6 Compensation. Commission members shall serve without compensation from the District, but nothing herein shall be construed to prevent a member municipality from compensating its Commission members for service on the Commission as such compensation is otherwise authorized by law, 2.7 Quorum. Four (4) of six (6) regular Commission members during special or monthly meetings shall constitute a quorum, except at least one (1) Commission members shall be present from each city. In situations of default the quorum will be reduced to three (3) Commission members present, with at least one (1) from each city. 2,7 Voting. Each Committee member present at the meeting other than ex officio administrative staff members shall be entitled to one (1) vote. Unless otherwise provided in this agreement, the Committee may take the action on any issue by a fifty -one (51 %) per cent or greater vote of those members present and entitled to vote at a duly called meeting, subject to the quorum requirement of Section 2.5. In the absence of a designated Commission elected official, the designated elected official alternate of that municipality shall become a voting member of the Commission. There shall be no voting by proxy. Votes must be cast at a Commission meeting by a Commission member. 2.9 Default, Voting Authority. No Commission member shall be eligible to vote on behalf of the municipality that appointed said Commission member during such time as the municipality is in default of terms or provisions of this agreement. During the existence of such default, the vote or votes of such municipality shall not be counted for the purposes of this agreement. Committee members representing a municipality in default shall not be counted for the purpose of determining a quorum. 2.10 Administrative staff approval of payment of bills as in Section 2.3 shall require unanimous agreement. ALTERNATE SECTION II 3 ORGANIZATION 1. The parties agree that there shall be established a Commission consisting of seven (7) members to be selected as follows: (a) Two commissioners to be selected by the City Council of Circle Pines according to the procedure which the Council shall determine. (b) Two commissioners to be selected by the City Council of- Lexington according to the procedure which the Council shall determine. (c) Two commissioners to be selected by the City Council of Centerville according to the procedure which the Council shall determine. (d) Of the six commissioners selected pursuant to subsections (a) and (b) and (c) above, one commissioner selected by each city shall serve two (2) years and the other commissioner shall be designated to serve a term of four years. Upon expiration of the two year terms, successors to those commissioners shall be appointed for terms of four years. (e) The seventh commissioner shall be selected by mutual agreement of all city councils to serve an initial term of three years. Upon expiration of the three year term, the seventh commissioner shall be appointed for a term of two years. (f) The city councils shall select commissioners under subsections (a), (b) and (c) within thirty days after execution of this agreement. The seventh commissioner shall be selected within sixty days after execution of this agreement. (g) Vacancies in commission membership shall be filled within sixty days. 2. The Commission shall be governed by the following rules: (a) The commissioner elected by mutual agreement of both city councils shall be designated as the chairman, and shall preside at all meetings of the Commission. (b) Regular meetings shall be scheduled by the Commission and shall be held at any of the parties' city halls and shall be open to the public. Regular meetings shall be held at least once per month at a time to be determined by the Commission. (c) The chairman shall have the power to call special meetings of 4 the Commission by giving written or actual notice twenty -four hours in advance of the meeting to each commissioner and to the mayor of each city. Said notice shall contain the date, time, place and purpose of the special meeting. The chairman shall also call a special meeting if requested. SECTION III OFFICIAL ADDRESS Joint Police Commission Office. The office of the Commission shall be s, ARV 55014 or such other locations as the Committee deems necessary. All notices to the Commission shall be delivered or served at said office. SECTION IV GENERAL POWERS OF THE COMMITTEE 4.1 Powers. The Commission shall have and is hereby given all powers, duties and functions enumerated in this agreement, and all such further powers necessary to carry out the intent and purpose of the District with respect to acquisition of property and operation of the District heretofore set forth, including the following: (I) To employ and determine the terms of employment of administrative and other personnel, accountants, consultants, legal counsel, and other qualified personnel, except as provided in this Agreement. (2) To cause reports, plans, studies and recommendations to be prepared. (3) To lease or purchase equipment and supplies necessary for the proper operation, care, maintenance, and preservation of District facilities and equipment, except as otherwise provided in this Agreement. (4) To adopt District bylaws, rules and regulations for the operation, maintenance and use of the District personnel services, equipment and facilities. (5) To enter mutual aid agreements with other organizations with similar purposes. (6) To recommend disposal of capital equipment as here in after defined, and land. (7) It shall be the responsibility of the Commission to control and to supervise the administration of the joint police department. The Commission shall have the power to appoint, promote, suspend and remove officers and employees 5 of the joint police department as hereinafter provided. (8) To sell or lease any of its equipment as may be deemed expedient. (9) To establish a yearly budget for police services pertaining to the District, which budget shall require approval by the City Councils of each of the member municipalities, per Section VIII of this Agreement. (10) To act as agent for receipt, custody and disbursement of funds gifts or other funds paid or given by the contracting municipalities on behalf of or for the use of the District. (11) To act as paying agent for any contracts of indebtedness and loans made in the names of the contracting municipalities for the benefit of the District., (12) To cause an annual audit to be made of all its accounts, books, vouchers and funds. (13) It shall be the duty of the Commission to appoint a chief with the duties of a customary chief of police. The appointment of the Chief of Police shall be subject to approval of the City Councils of both cities. (14) In exercising its powers under this section, the Commission shall be governed by the rules and regulations known as "Rules and Regulations - Joint Municipal Police Department," which rules and regulations shall be approved by each City Council and a copy of which, as approved, shall be attached to this Agreement. Amendments to the rules may be enacted by both City Councils acting separately and shall become a part of the rules upon receipt by the chairman of the Commission of certification of enactment from both City Councils. (15) Revenues from fines for criminal violations shall belong to the city prosecuting the violation. (16) The Commission shall make a financial accounting and report to the cities on or before opened to examination by the municipalities at all reasonable times. 4.2 Disbursements and Bonds. Except as designated in Section 2.3, all disbursements of the District shall be approved by the Commission at a regular or special meeting and be cosigned by two of the officers designated by the Commission. Officers authorized to make disbursement shall be bonded in an amount to be determined and approved by the Commission before entering into the performance of their duties. 6 • SECTION V POLICE EQUIPMENT, LAND AND BUILDINGS 5.1 A. Equipment. Each of the municipalities to this agreement has contributed to the District for its use and benefit the municipalities' existing police equipment. The Commission shall control the use of such contributed equipment. The ownership of such equipment shall be retained by the municipality donating same. All expenses relating to the maintenance and repair of such equipment shall be an operating expense of the District. 5.2 B. Land and Buildings. Each of the municipalities to this Agreement may provide building space to the police department. Such land and or building space shall be owned by the City and leased to the police District. Such lease is to be an operating cost of the District. Any lease requires the approval of all member cities. Existing leases shall continue. The Commission shall control use of the buildings and land. 5.3 Ownership. New and used equipment purchased by the District after the effective date of the original Joint Powers Agreement (1 -1 -2000) shall be owned by the District. The District Chief shall conduct an equipment inventory annually and present such information to each member municipality. 5.4 All equipment controlled by the District shall be used when needed within the boundaries of the District for the benefit of the member municipalities. They should not be used outside the District, except as follows: (a) In areas outside the District, when police emergencies may endanger life or property within the District. (b) When use is covered by contracts duly entered into by the District for police services or other services outside the District. (c) When necessary to fulfill mutual aid agreements duly entered into by the Commission. (d) In case of major emergency or disaster, when authorized by the Police Chief, or in his absence, the officer in charge. Such use shall be reported as soon as • • possible to the Police Chief of the District. Such use, as authorized above for use outside the District, shall be carried out only when the officer in charge has determined that the absence of equipment from the District will not impair the protection of the District. The officer in charge shall have the authority to determine priority in answering calls and to assign equipment and manpower. (e) When specifically authorized by the Commission. SECTION VI FUNDING 6.1 Member Contributions. Each calendar year each municipality shall monthly pay to the District its share of the total operating budget as established by the Commission, as provided for in Section VII of this Agreement. Capital and operating expenses of the District shall be borne by each municipality in this Agreement according to the following formulas: The following calculation shall determine each municipality's share of the cities' contribution to the police budget. The formula weights calls at 40%, population at 40% and IACP formula for number of officers at 20 %. Formula: Step 1 (% A x 40) ± (% P x 40) ± (% 0 x 20) city total Step 2 Each city's individual total is summed to achieve a grand total. The City's % of the grand total is their share of the City's contribution to the police budget. A = The specific municipality's average number of calls for service for the last three (3) calendar years as a percentage on total calls. P = The specific municipality's population in the District. Source for population information shall be the latest Metropolitan Council estimate of the population as a percentage of their total population. 0 = The number of officers each City would require as determined by the International Cities of Police Formula as a percentage of the total officers suggested by the formula. 6.2 Phase In. To accomplish a phase in of the formula, the City of Lexington's contribution, as determined by the formula, if greater than 115% of the previous year's contribution will be reduced to 115% of the previous 8 year's contribution. The dollar amount of such reduction for the City of Lexington will be added to the contribution of the City of Circle Pines as calculated by the formula. The City of Centerville will pay the amount indicated by the formula. At the point that all cities pay the amount that is indicated by the formula, no future phase in shall occur. To further clarify the formula and their intended relationship, specific examples of the formulas are attached as Appendix A. SECTION VII BUDGET 7,1 Established Budgets. The municipalities hereby agree that the maximum amount the cities will contribute to fund the police budget per year is as follows: 2000 - 1,168,190 2001 - 1,241,583 2002 - 1,314,178 2003 - 1,336,009 7.2 Police Commission Budget Process. The Police Chief shall submit a budget to the Commission by July 1st of each year. The Commission shall then review the proposed budget and make a recommendation to the member municipalities by August 1st. Each municipality shall have until November • 15 to accept the budget. If all member municipalities have not accepted the budget by November 15th, in the appropriate year, the Commission will make an attempt to resolve outstanding issues and shall report back by December 15th. The municipalities will then have from December 15 to January 15th to approve the proposed budget. All new budgets must be agreed to by all member municipalities, to become effective. 7.3 Base Budget. If by January 15th, the municipalities in the District are unable to mutually agree on the proposed budget for the upcoming year, the amount of the previous years operating budget will be increased by the lesser of the following: (a) The increase in the July to July, Minneapolis and St. Paul Consumer Price Index for All Urban Consumers (CPI) for the period ending most immediately prior to the commencement of the budget year over the same index for the previous year. or 9 (b) The increase in the most restrictive levy limit applicable to the budget year placed on any of the member municipalities over the levy limit for that member municipality for the prior year. In the event (a) or (b) decreases, the operating budget shall remain the same SECTION VIII BUY IN 8.1 In recognition of the assets of Circle Pines and Lexington being contributed the l ° i District, the City of Centerville agrees to oe en„ a-huts =' .. - • . _ _ e r � assets as a buy in to the District. Such payment shall be made by 12/15/2000. 8.2 One -third (1/3) of the buy -in amount shall be paid to the City of Lexington and two - thirds (2/3's) of the buy -in amount shall be paid to the City of Circle Pines. SECTION IX ARBITRATION 9.1 Arbitration Procedures. (a) Upon the City Councils of two member municipalities agreeing to proceed to arbitration in the types of disputes outlined in Section 10.1, the issue shall be submitted to the American Arbitration Association, which shall, as soon as reasonably possible, submit a list of potential arbitrators to each of the municipalities. No disputes except those proceeding forward from Section 10.1 shall be subject to arbitration. Except as identified herein, the commercial arbitration rules of the American Arbitration Association shall apply to an arbitration pursuant to this agreement. The municipalities shall, within thirty (30) days of receipt of the list of potential arbitrators, submit the rank ordering of their municipality's preference for arbitrators. The arbitrator having the highest ranking, across all member municipalities, will be selected as the arbitrator for the issue. The municipalities may, by unanimous - agreement, select -one (I) arbitrator from the list or any other qualified individual. (b) Within thirty (30) days after the appointment of the arbitrator and no sooner than ten (10) days following written notice to the member municipalities, the arbitrator shall commence a hearing on the dispute. (c) The hearing shall be recorded and may be transcribed at the request and expense of any municipality. AB hearing proceedings, debates and deliberations shall be open to the public, and shall take place at such times and places as contained in the notice, or as thereafter publicly stated in the order to adjourn. 10 (d) At the close of the hearing, and within thirty (30) days, the arbitrator shall prepare written findings and make a written decision which shall be served by mail upon the municipalities, and shall be binding upon all member municipalities. 9.2 Arbitrator's Authority. (a) The arbitrator shall have no right to amend, modify, nullify, ignore, add to, to subtract from the terms and conditions of this Joint Powers Agreement. The arbitrator shall consider and decide on/) the specific issue(s) submitted in writing by the municipalities, and shall have no authority to make a decision on any other issues not so submitted. (b) The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the applicable application of laws, rules, or regulations having the force and effect of law. 9.3 Judicial Relief. (a) Any municipality may seek judicial relief, to the extent authorized under Minnesota Statute Section 572.08 through 572.30 as the same may be amended, and, in addition under the following circumstances: -any municipality fails to select an arbitrator; - designated time limits have been exceeded; -the arbitrator has not proceeded expeditiously; or (b) Costs of the suit to be awarded to the prevailing parties. The cost of arbitration shall be borne equally by the municipalities. Each party shall pay its own attorney's fees. SECTION X DISPUTE RESOLUTION 10.1 Dispute Process. When any member municipality feels that there is a mis- interpretation or a violation of the specific terms and conditions of this agreement except as outlined in Section 15.4, they may initiate the dispute resolution process by submitting a written statement outlining the dispute or disagreement. This written statement of dispute shall be forwarded to the Commission at its next regular or special meeting. The Commission will then have a six (6) month period to resolve the dispute as to interpretation or application of the terms of this agreement. If during the six (6) month period all member municipalities cannot mutually agree as to the appropriate interpretation or application of the specific terms of this agreement, the dispute shall be forwarded to the Anoka County Mediation Service or a similarly appropriate mediation service. If the municipalities can not mutually agree, through the mediation process, 11 within 90 days as to the interpretation or application of a specific term in question, then a majority vote of member municipalities will initiate the submission of the issue to arbitration as defined in Section 9. SECTION XI , c F t { �a ,A; 6 1.., a WITHDRAWAL 0) pt. 11.1 Notice. Member municipalities may withdraw from the District only in accordance with this section. Notice to withdraw may only be given during the month of October, in odd numbered years, beginning with October of 2003. Such notice shall provide a minimum of one (1) years notice to the remaining municipalities of the intent to withdraw. Such withdrawal would be effective December 31' on the year following notice. 11.2 Withdrawal Damages. After a municipality gives notice they shall have a maximum of six (6) months from the date of notice to pay the following withdrawal damages. (1) 50% of estimated unemployment cost for the number of officers for that city as calculated by the budget formula as outlined in Section 7. The number of officers shall be multiplied times the weekly maximum unemployment amount times 26 weeks. (2) 50% of the cost of accrued sick leave and vacation for the number of officers as determined by the budget formula as outlined in Section 7. Such accrual shall be as of January 1 in the year the city is withdrawing and shall be based on the officers with the Least seniority. Such damages will be distributed to the remaining Municipalities based on their percentage share of the current District budget contributions. The withdrawing municipality shall always be responsible for payment of the remaining one (1) year of contributions and shall be a full participant in the operation of the District until its withdrawal is effective. 11.3 Refund of Damages. During a six (6) month period, following the notice to withdraw, a municipality may abandon that withdrawal and determine to stay in the District. If that occurs within a six (6) month period, the damages paid to the remaining municipalities will be refunded to the municipality which had originally given notice to withdraw. After the six (6) month period, no refund of damages shall occur, even though the municipality may determine they wish to abandon their withdrawal and stay with the District. 12 ■ 11.4 Ownership of Equipment. All contributions for equipment by the withdrawing municipality shall be lost and the property shall remain property of the Police District. SECTION XII DURATION, DISSOLUTION OF THE DISTRICT 12.1 DURATION Unless dissolved pursuant to this agreement, the duration of the District shall be perpetual. 12.2 Dissolution. The District shall be dissolved upon unanimous agreement of all parties. 12.3 Upon unanimous agreement for dissolution, each member municipality shall continue payments and operate as a full participant in the District for a one (1) year period, so that dissolution can occur in an orderly fashion. SECTION XIII DISTRIBUTION OF EQUIPMENT UPON TERMINATION OR DISSOLUTION 13.1 Process. (a) Upon dissolution, termination or withdrawal from the District by a member, or members of the District, the following procedure shall be used to distribute the equipment and Personal property of the District, and other related equipment. Distribution will only occur after all District debts and long term expenses have been satisfied. (b) All property and equipment will be sold. (c ) In addition, the financial records of the District will be reviewed for the lesser of the life of the District or for the last 15 years, to determine the total dollar value of contributed equipment and other payments made by each member municipality. The District will then determine the percentage of the total paid by each member municipality. The percentage of the total contributions over the applicable period will then be multiplied times the total dollars arrived at by sale of all equipment and personal property of the District less any debts, and then distributed to the cities. SECTION XIV 13 COUNTERPARTS This agreement may be executed in several counterparts and all so executed shall constitute one agreement, binding on all of the parties hereto notwithstanding that all of the parties are not signatory to the original or the same counterpart. SECTION XV AMENDMENT 15.1 Modification. This agreement sets forth all understandings between the parties respecting terms and conditions of the District. All prior agreements, understandings, representations whether consistent or inconsistent, verbal or written, concerning this agreement, are merged into and superseded by this written agreement. No modification or amendment of this agreement shall be binding on any municipality unless each municipality agrees in writing to the proposed change or amendment. 15.2 Submittal. Any municipality wishing to submit an amendment to the agreement shall do so by submitting a written proposal to the Commission at a regularly scheduled or special meeting. The Committee shall forward the proposed amendment, with a recommendation to each member municipality, within 90 days of receipt of the proposed amendment. 15.3 Response to Proposed Amendment. Each recipient municipality shall respond to proposed amendment within 60 days of receipt from the Committee. If no response is received, the amendment is demed to be rejected. 15.4 No Mutual agreement Should the municipalities not mutually agree to amend this agreement that decision shall not proceed to dispute resolution as out lined in section 10. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective mayors and clerks, and their corporate seals to be affixed hereto, the day and year first above written, all by, authority of their respective City Councils. CITY OF CENTERVILLE 14 ' e ter From: Rick Anderson Fax: +1(612)786 -8715 To: Marty Reiter Fax: (612)789 -3519 14 1ASS Wednesday, March 17. 1999 12:38 PM Termination Clause 2-(90 15 month notice required for a city to leave. No sooner than Oct of o coincide with the first 5 yrs agreement. If a city decided to leave they Id take no assets out. The IACP formula for staffing would determine how many officers may have to be laid off by their departure. (Formula applied to their numb p). They would pay to the commission one half of costs the commission would�liable for (sick tirfie, vacation, holiday and unemployment insurance) whether the officers were actually laid off or not, ht. - s. II I I 1_