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HomeMy WebLinkAbout1999-10-13 Packet CITY COUNCIL MEETING AGENDA WEDNESDAY, OCTOBER 13,1999 6:00 p.m. I. CALL TO ORDER 1. Roll Call H. PUBLIC HEARING (S) III. APPEARANCES /AWARDS 1. Metropolitan Mosquito Control District IV. CONSIDERATION OF MINUTES 1. September 22, 1999 Council Meeting Minutes V. PAYMENT OF CLAIMS 1. The City of Centerville September 23, through October 13, 1999 2. Centennial Fire District VI. SET AGENDA VII. PETITIONS AND COMPLAINTS 1. Petition Regarding ACCAP Home in Royal Meadows VIII. UNFINISHED BUSINESS 1. Animal Ordinance 2. Refuse Contract 3. 20 Avenue Sewer/Water Update IX. NEW BUSINESS 1. City Wide Bonfire 2. Distribution of Funds from Advertising in Le Journal 3. Peltier Lake Flowage 4. CSO Ordinance 5. Tax Increase Resolution X. CONSENT AGENDA 1. Appointment of Betsy Scheller and Michelle Moser to the Economic Development Committee 2. Holiday Party a. Request to Approve City Expenditure for Staff Dinners b. Request to Approve a 5500.00 Budget for Holiday Party XL COMMITTEE REPORTS XH. ADMINISTRATORS REPORT XHI. ADJOURNMENT 1(, -)1 CITY COUNCIL MEETING AGENDA DAY OCTOBER 13 WEDNESDAY, , 1999 , 6:00 p.m. I CALL TO ORDER 46 Roll Call / i C PUBLIC HEARING (S) , / ,r . APPEARANCES /AWARDS V Metropolitan Mosquito Control District CO Ve .: DERATION OF MINUTES September 22, 1999 Council Meeting Minutes � . PAY ENT OF CLAIMS • / The City of Centerville September 23, through October 13, 1999 Centennial Fire District SET AGENDA A . PET IONS AND COMPLAINTS Petition Regarding ACCAP Home in Royal Meadows / I. V U NF ' I t ED BUSIN USDN ESS MO. C II 1 1, r e • Animal Ordinance ' / Retire Contract 20 Avenue Sewer/Water Update ■ . NE SINESS City Wide Bonfire ►• : ribu • s i ;ids from Advertising in Le Journal a ;Rta y�' — . ft et, 1, ..-h,;'M ° "-' X. CONSENT AGENDA 1. Appointment of Betsy Schelkr and Michelle Moser to the Economic Development Committee 2. Holiday Party a. Request to Approve City Expenditure for Staff Dinners b. Request to Approve a $500.00 Budget for Holiday Party XI. OMMITTEE REPORTS XII. INIS RATORS REPORT I N- . wear - As+ • 54- dy XIH. AD OU't MENT , `P° MEMO DATE : October 8, 1999 TO : Honorable Mayor and Council FROM : Jim March RE : Metropolitan Mosquito Control District Appearance Representatives from the Metropolitan Mosquito Control District will make an appearance to discuss with the Council the functions of their organization. Due to the high water table and substantial number of ponds and wetlands in the community, this organization monitors and treats several areas in the community on a regular basis. The purpose for the visit is to enhance community awareness and education and to answer any questions that anyone may have on the topic of mosquito control. r ANOKA Z 0 HEN „E >,„ RAM E METROPOLITAN MOSQUITO CONTROL DISTRICT ® METRO COUNTIES GOVERNMENT CENTER 2099 UNIVERSITY AVENUE WEST • ST. PAUL, MINNESOTA 55104 -3431 651- 645 -9149 • FAX 651-645-3246 TTY use Minnesota Relay Service JOSEPH F. SANZONE, BCE W.J. CAESAR Director Business Admin. 1999 Mosquito Control District Activity Recap City of Centerville — Lino Lakes Township Background Due to high levels of customer calls and increased population density, Lino Lakes township and the city of Centerville are now in what MMCD considers a Priority One service area. Essentially, this means residents are given a full range of services including control of larval mosquitoes and adult mosquitoes as conditions and treatment thresholds warrant. Emphasis is placed on larval control in the Chain of Lakes park area just west of Centerville. Mosquitoes from this area directly impact people living in Centerville. Monitoring for encephalitis- bearing mosquitoes is routine. Centerville is not considered a high risk area, however, a case of mosquito -borne encephalitis was reported in nearby Blaine in 1997. Mosquito Control - Larval • Ground sites (less than three acres) in Centerville were treated as condition warranted two times with 30 -day methoprene pellets. Total number of sites =1,351 • All air sites (greater than three acres) were checked nine times and treated with bti if found to be breeding mosquitoes. Total number of sites =107 • Cattail mosquito treatments were made at Lake Peltier and Chain of Lakes Park using 30- day pellets. Mosquito Control — Adult • Neighborhoods were fogged three times during 1999 with resmethrin in response to complaints about mosquitoes. • MMCD responded to all customer calls in Centerville. Individual properties were treated by backpack using permethrin in cases where treatment thresholds were met. Biting Gnat Control • Control of biting black flies continues on the Rum, Crow, and Mississippi Rivers. • MMCD does twice - weekly collections of adult black flies to determine density, and continues to monitor small streams in the area for the presence of one aggressive human biting species. Lyme disease tick surveillance • MMCD maintains three tick surveillance sites in and around Centerville. Staff collect ticks from trapped rodents in order to monitor the distribution of Lyme ticks. AFFIRMATIVE ACTION EMPLOYER 0 Printed on recycled paper containing at least 15% posbconsumer paper fibers October 13, 1999 City of Centerville Honorable Mayor and City Council Members 1818 Main Street Centerville, MN 55038 Dear Honorable Mayor and Council Members, I would like to address mine and my husbands concerns to the council with regard to this past Saturday evening performance by the Rock n Hollywood's at Kelly's Korner. We would first like to state that we both feel that Mr. Bisek and Kelly's Korner is an asset to our community. In addition Mr. Bisek has always been ready and will to help the community of Centerville in a variety of ways each and every time that he has been asked. Our concern is in the volume of the sound coming from the band this past Saturday evening. We have lived in Centerville for over nine years and have had few if any problem with regard to noise levels within our neighborhood or the city. The exception was this past Saturday evening. When we went to bed Saturday with all our windows shut we could clearly hear songs playing. Clearly enough to sing along (If we would of chosen to). I called Central Dispatch and asked them if they could please see if they could find out where the sound was coming from. I told them where we lived and that I knew that the Rock n Hollywood's was playing at Kelly's Korner. but really didn't think we should be able to hear them being that we live a little less than a mile (7 tenths of a mile to be exact) from there. Needless to say it was the sound from Kelly's that we were hearing in our home even with all the windows shut. We have never heard the bands during the Fete De Lacs or any other outdoor performances when they have occurred. Maybe this was a fluke that the sound traveled as far as what it did, maybe the band needs to turn down it amplifiers, but whatever the cause may have been it was extremely annoying. We both felt that the city needs to know that the volume of the sound coming from Kelly's Saturday night was not acceptable and was much louder than we have ever heard within the city before. 1 wish I could give you a solution that would make everyone happy. The only thing that I can even suggest would be for event host to turn to volume down (if you hear it even three blocks away you know your event guest can surely hear it) or have open -air concerts during the day. If we can hear it a mile away in our home with our windows shut we believe it is simply to loud. Thank you for your time and consideration of our concerns. Dan & Mary Capra 1810 Fox Run Centerville, MN 55038 CITY OF CENTERVILLE NOT APPROVED CITY COUNCIL MEETING SEPTEMBER 22, 1999 Pursuant to due call and notice thereof, the City Council of Centerville held it's regularly scheduled meeting on September 22, 1999, at City Hall, 1880 Main Street. PRESENT: Mayor Tom Wilharber Council Member Mari Nelson Council Member Dick Travis Council Member Terry Sweeney Council Member Linda Broussard Vickers ABSENT: None STAFF: City Administrator, Jim March City Public Works Director, Paul Palzer City Attorney, James Hoeft City Engineer, Tom Peterson I. CALL TO ORDER Mayor Wilharber called the September 22, 1999 City Council meeting to order at 6:00 p.m. II. PUBLIC HEARING III. APPEARANCES /AWARDS IV. CONSIDERATION OF MINUTES September 8, 1999 Council Meeting Minutes Motion by Council member Travis, seconded bLCouncil member Sweeney to Approve the September 8, 1999 Council meeting minutes. Motion carried unanimously. V. PAYMENT OF CLAIMS Page 1 of 5 The City of Centerville, September 9 through September 22, 1999 Motion by Council member Nelson, seconded by Council member Broussard - Vickers to approve the expenditures for the City from September 9 through September 22, 1999. Motion carried unanimously. The Centennial Fire District Motion by Council member Sweeney, seconded by Council member Travis to approve the Centennial Fire District ratification of expenditures. Motion carried unanimously. VI. SET AGENDA Addition to Unfinished Business: •Acorn Creek Park Quote Additions to New Business: • Goetz Letter • Hugonian Letter • Letter Concerning Police Department • School Evacuation Site • Robert Westerlund Resignation • Eibensteiner Building • Letter from Mady Reiter Motion by Council member Sweeney, seconded by Council member Broussard - Vickers, to approve the agenda with additions. Motion carried unanimously. PETITIONS AND COMPLAINTS UNFINISHED BUSINESS Animal Ordinance The Council reviewed the Animal Ordinance, incorporating changes agreed upon by the Council. Refer to Revised Animal Ordinance for specific additions and changes. Motion by Council member Nelson, seconded by Council member Sweeney, to make the noted changes to the Animal Ordinance, providing changes are reviewed and approved by the City Attorney, and the Chief of Police. All in favor. Motion carried unanimously. Acorn Creek Park Quote Mr. Peterson presented a $10,896 grading quote for Acorn Creek Park. Page 2 of 5 Motion by Council member Nelson, seconded by Council member Sweeney to approve grading Acorn Creek Park for $10,896. All in favor. Motion carried. • NEW BUSINESS Refuse Contract Council discussed the proposed Waste Management Refuse Contract. Mr. Bruce Malec (Division Manager) was present during the discussion. The Council reviewed information provided, and discussed the length of the contract, pricing, containers, yard waste, abatement fees, and terms of satisfaction presented in the proposed contract. In addition the Council discussed changing the date of service during the City Celebration, Fete Des Lacs, and the Centerville Garage Sale Days. Mr. March indicated that although the Waste Management contract will be up on October 1, 1999, they are willing to provide service to the City under the current contract while contract extensions are being discussed. Motion by Council member Nelson, seconded by Council member Sweeney to extend the Waste Management Refuse Contract through November 1, 1999. Motion carried unanimously. Facility Task Force Vacancy Mr, March explained the current vacancy on the Facility Task Force organized by the Centennial School District. Mr. March further explained the City Council has been asked to appoint a Centerville citizen to serve on this committee. Bart Rehbein of 1659 Lakeland Circle, has submitted a letter indicating he would be willing to serve on the Facility Task Force, as the Centerville resident representative. Motion by Council member Travis, seconded by Council member Broussard - Vickers. to appoint Bart Rehbein to the Centennial School Districts' Facility Task Force. Motion carried unanimously. Appraisal for Public Works Facilitv In reference to the current Public Works site, a letter from Bill Bisek was presented inquiring about Council's interest in possibly selling the site and the facility. Mr. March explained the strong redevelopment potential the property has, and advised that if a site appraisal was conducted, it would helpful in determining whether or not to formally offer the site for sale. - Motion by Council member Travis. seconded by Council member Sweeney, authorizing a site appraisal be conducted on the Public Works property. not to exceed $1500. Motion carried unanimously. Resolution to Extend Cable Franchise Page 3 of 5 Motion by Council member Travis, seconded by Council member Sweeney to approve Resolution 99 -12, Extending the Term of the Cable Franchise granted to Media One North Central Communications Corp. Motion carried unanimously. Goetz Landscaping Letter Mr. Goetz submitted a letter informing the Council of a delay in the ground breaking of their new building. Mr. Goetz is requesting permission to extend his current Certificate of Occupancy Permit until the Middle of October. Motion by Council member Nelson. seconded by Council member Sweeney to extend the Goetz Landscaping Certificate of Occupancy Permit through mid October. Council member Vickers abstained. Motion carried. Letter to the Editor Mr. March submitted a draft "Letter to the Editor" for review as directed, expressing dissatisfaction and non - factual information printed in the September Hugonian referencing the possible expansion of City Hall. Motion by Council member Sweeney, seconded by Council member Nelson to submit a "Letter to the Editor" to the Hugonian expressing dissatisfaction with an article printed in the September Hugonian. Motion carried. Letter from Mady Reiter The City Council received a letter addressing the possible merger with the Tri-City police Department. The Mayor indicated he would like to see the City go forward with this issue. Motion by Council member Broussard - Vickers. seconded by Council member Sweeney to accent the recommendation by the police commission, with the issue addressed again in the future, with consideration for an outside feasability study. Motion carried unanimously. Letter from Centennial Community Services Mayor Wilharber read a letter from the Centennial Community Services, asking for permission from the City to use the Centerville - Centennial Fire Hall as the primary evacuation site for Centerville Elementary School. Mayor Wilharber explained he will - turn the letter over to the District Chief, who will in turn take it to the steering Committee. Resignation of Robert Westerlund Mayor Wilharber informed the Council that Robert Westerlund has submitted his resignation, with his last day stated as October 1, 1999. Page 4 of 5 Motion by Council member Sweeney, seconded by Council member Travis to accept resignation by Robert Westerlund as stated. Motion carried unanimously. Eibensteiner Building Keith Eibensteiner ave a presentation on the proposed building his company will be g P P p g p Y constructing in the Industrial Park. Mr. March indicated that the Planning and Zoning Commission approved the building, and has asked Mr. Eibensteiner to present plans to Council as well as apply for a Special Use Permit. Mr. Eibensteiner detailed the contrasting architectural features. Motion made by Council member Vickers, seconded by Council member Travis, to approve construction of the Eibensteiner building noting the contrasting architectural features as presented. Motion carried unanimously. CONSENT AGENDA COMMITTEE REPORTS Mayor Wilharber indicated the Police Substation Open House will be held on Tuesday, Sept 28, the Fete Des Lacs Revitalization Committee will meet with the Centerville Lions on Thursday at 7:00 at Chauncey Barrett Gardens, Acorn Creek is looking for installation volunteers for October 23. Mr. March indicated that Patricia Scott was not happy with the final version of the September Newsletter. Ms. Scott felt the photography in the newsletter was not satisfactory and is working to get them redone. ADMINISTRATORS REPORT ADJOURNMENT Motion by Council member Sweeney, seconded by Council member Broussard - Vickers to adjourn the September 22, 1999 Council Meeting at 9:20 p.m. Motion carried unanimously. Respectfully Submitted, Aimee Fairbrother Staff Liaison Page 5 of 5 SEPTEMBER 27, 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 SEPTEMBER EXPENSES. YOUR APPROVAL OF SEPTEMBER EXPENSES AS LISTED ON THE ATTACHED COPY OF THE CHECK REGISTER, CHECKS #10916 - 10934, IN THE AMOUNT OF $9,914.16 IS HEREBY REQUESTED. MB/NW CC: 7 CIRCLE PINES CITY COUNCIL 7 CENTERVILLE CITY COUNCIL 7 LINO LAKES CITY COUNCIL 2 FILE 09/24 /1999 @03:51PM CENTENNIAL FIRE DISTRICT PAGE 1 BANK CHECK REGISTER Checking account 09 /27/93 TO 09/27/99 -- 'ECK NO DATE TYPE PAID TO / DESCRIPTION CHECK AMOUNT 1091E 09/27/99 AP -D VIKING OFFICE PRODUCTS 126.63 412612,412611 10917 09/27/99 AP -D C.P. OFFICE PRODUCTS 2,458.87 4506,4391,4388 10918 09/27/99 AP -D FIRE ENGINEERING 19.95 SUBSCRIPTION 10919 09/27/99 AP -D NORTHERN STATES POWER COMPANY 684.91 1589 - 648 -494 -250 10920 09/27/99 AP -D FOOD -N -FUEL, INC. 10.00 828164 10921 09/27/99 AP -D MN STATE FIRE DEPARTMENT ASSOC 250.00 DUES 10922 09/27/99 AP -D MN STATE FIRE CHIEFS ASSOC 170.00 CONFERENCE -MILO BENNETT 10923 09/27/99 AP -D US WEST COMMUNICATIONS 82.04 612 E08 -0791 033 924 09/27/99 AP -D US WEST COMMUNICATIONS 249.18 612 784- 7530 324 10925 09/27/99 AP -D US WEST COMMUNICATIONS 64.93 612 E08 -6367 268 10926 09/27/99 AP -D US WEST COMMUNICATIONS 319.69 651 784 -7472 352 10927 09/27/99 AP -D EMERGENCY APPARATUS NAINT. 66.25 2188 10928 09/27/99 AP -D MID- MINNESOTA WIRE 4,088.84 10499 10929 09/27/99 AP -D SUPERIOR PRODUCTS MFG CO 137.07 3172078 10930 09/27/99 AP -D FORESIGHT LOGIC, INC 552.50 1161 10931 09/27/99 RP -D N ST PAUL FIRE SAFETY GROUP 200.00 091799 10932 09/27/99 AP -D STATE FIRE MARSHAL DIVISION 50.00 049 09/24/1999 003:51PM CENTENNIAL FIRE DISTRICT PAGE BANK CHECK REGISTER Checking account 09/27/99 TO 09/27/99 - ECK NO DATE TYPE PRID TO / DESCRIPTION CHECK AMOUNT iw933 09/27/99 RP -D GRAINGER 233.24 497 - 962603 -5 10934 09/27/99 RP -D AMOCO OIL COMPANY 150.06 498 433 534 1 TOTAL MANUAL CHECKS (M): 0.00 TOTAL COMPUTER CHECKS (C): 0.00 TOTAL DIRECT DISEIJRSEMENTS (D): 9,914.1E TOTAL CHECKS: 9,914.1E MEMO DATE : October 8, 1999 TO : Honorable Mayor and Council FROM : Jim March RE : Petition regarding ACCAP home in Royal Meadows *********************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Some citizens plan to be present to discuss the attached petition regarding an ACCAP home in the Royal Meadows subdivision. There have been numerous police calls to this residence during the last six years. There have been several different tenants in the property. An appropriate response to this type of situation would be to consider a rental housing ordinance. I will bring some samples of rental ordinances to the Council meeting to aid in discussion. Some Cities have ordinances that spell out the number of police calls allowed to a residence before the landlord loses the right to own rental property. This type of ordinance allows the City to regulate rental housing within the community. • We, the residents of the Royal Meadows housing development are signing below to DEMAND that the property of 1977 South Robin Lane, Centerville MN. be sold. This petition is being signed due to. the .numerous problems involving the present.: and past tenants of 1977 South Robin Lane, Centerville MN. OJ 3 - 1994 S, Robii Lane f14) &a( -adOh / /fry s j (2 a of dl to C' acen (9 g G % RC'e l iv, ( ct�n� . 7 .C� ; � i M/5:2.1,nlane or • cv " i<T dyne, a /96'1 511 fcia�r� I ., C ' ckko , ,1 n9 °v g`,citiuh go - " 7 7 5 t.J A? a -6 - t . 0 aa� 117j nij))St\I c (M 2e I • X967 C ;�,� . " X 977 Ccx 6i0at pr . /-, Qa l7W r o t • .w; 7 7o (gr d e l , /1r ,),v, /7$'8' CAPDTAAL P, (� j ,4 ��, > Qy�.�,c� k / `t fS 9 e a�2��c 417,,fr txted AND foG&_ zn_) 0 ( q7 S i' JD L We, the residents of the Royal Meadows housing development are signing below to DEMAND that the property of 1977 South Robin Lane, Centerville MN. be sold. This petition is being signed due to the numerous problems involving the present and past tenants of 1977 South Robin Lane, Centerville MN. M .c_) 0 19 77 Vie. o--8, oen r ty, t it 1-- 8 3 ce_o ■0 • C ) Gj is NL �6 bin Ln v I . 0.6( 1/9,g W 76 Cf4,1-0 gxle / ;/ //cc? Se, eetel a � P er a rn GL4 o /719 o fh , 4 .,,t , / 9( W a sh � �;;. �• 2�jN1 / ICi % i t Yye �` tU 1(k 7 kg clif frip / , 1 Q 190 /3 ifcrijii Z-/-1 MEMO DATE: September 30, 1999 TO: Honorable Mayor and City Council FROM: Aimee Fairbrother RE: Animal Ordinance #24 Council member Broussard- Vickers and myself have revised the attached Animal Ordinance, incorporating changes as suggested by the Chief Heckman, Attorney Jim Hoeft, Centerville City Council, and Administrator Jim March. Please review the revised draft of the Animal Ordinance, for discussion at the October 13t City Council meeting. A copy of the draft was forwarded to the Chief of Police and the City Attorney for their comments. With the adoption of this Ordinance, the Council will need to determine the approach staff should take on existing animals that are under the "lifetime of the dog" clause from the current Ordinance. Upon review of the Dog Licenses, we have issued about 570 since 1975. How do we notify them and enforce the change? Are they grand fathered in? DRAF CITY OF CENTERVILLE COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE #24 AN ORDINANCE PRESCRIBING REGULATIONS FOR CONFINEMENT, LICENSING AND CARE RELATING TO ANIMAL CONTROL; AND REPEALING ORDINANCE NO. 24 -A and NO. 24 -B RELATING TO THE SAME SUBJECT. The City Council of the City of Centerville ordains: 24.01 Definitions. As used in this Ordinance, unless the context otherwise indicates, the following words shall be defined to mean: Subd. 1 Animal. "Animal" shall mean any mammal, reptile, amphibian, fish, arachnid, birds (including all fowl and poultry) or other member commonly accepted as a part of the animal kingdom. Animals shall be classified as follows: A. Domestic. "Domestic Animals" shall mean those animals commonly accepted as domesticated household pets. Unless otherwise defined, such animals shall include dogs, cats, caged birds, gerbils, hamsters, guinea pigs, white mice and rats,ferrets, domesticated rabbits, fish, non - poisonous, non - venomous and non- constricting reptiles or amphibians, and other similar animals. B. Non - Domestic. "Non- Domestic Animals" shall mean those animals commonly considered to be naturally wild and not naturally trained or domesticated, or which are commonly considered to be inherently dangerous to the health, safety, and welfare of people. Animals normally kept outside of the home for the purpose of food or pleasure, naming; wild dogs, wild cats, cattle, sheep, horses, bees, goats, birds such as fowl, falcons, and similar animals, are included in addition to those defined: (1) Any member of the Large cat family (family felidae) including lions, tigers, cougars, bobcats, leopards and jaguars, but excluding commonly accepted domesticated house cats. (2) Any naturally wild member of the canine family (family canidae) including wolves, foxes, coyotes, dingoes, and jackals, but excluding commonly accepted domesticated dogs. Page 1 of 16 City of Centerville Animal Ordinance #2.4 - Updated 10/02799 (3) Any crossbreeds such as the crossbreed between a wolf and a dog, unless the crossbreed is commonly accepted as a domesticated house pet. (4) Any member or relative of the rodent family including any skunk (whether or not descented), raccoon, or squirrel, but excluding those members otherwise defined or commonly accepted as domesticated pets. (5) Any poisonous, venomous, constricting, or inherently dangerous member of the reptile or amphibian families including rattlesnakes, boa constrictors, pit vipers, crocodiles and alligators. (6) Any other animal which is not explicitly listed above but which can be reasonably defined by the terms of this subpart, including but not limited to bears, deer, monkeys and game fish. C. Farm. "Farm animals" shall mean those animals commonly associated with a farm or performing work in an agricultural setting. Unless otherwise defined, such animals shall include members of the equestrian family (horses and mules), bovine family (cows and bulls), sheep, poultry (chickens and turkeys), fowl (ducks and geese), swine (including Vietnamese pot- bellied pigs), goats, bees, and other animals associated with a farm, ranch, or stable. Subd. 2 Cat. "Cat" shall be intended to mean both the male and female of the felidae species commonly accepted as domesticated household pets. Subd. 3 Dog. "Dog" shall be intended to mean both the male and female of the canine species, commonly accepted as domesticated household pets. Subd. 4 At Large. "At Large" shall be intended to mean off the premises of the owner and not under the custody and control of the owner or other person, (an individual capable of controlling the animal as needed) either by leash, cord, chain, or otherwise restrained or confined. Subd. 5 Dangerous Animal. "Dangerous Animal" shall be defined as any animal which meets the definition of dangerous dog set forth in Minnesota Statute Section 347.50, and or any successor Statute. Subd. 6 Potentially Dangerous. "Potentially Dangerous" shall mean any animal which meets the definition of potentially dangerous dog set forth in Minnesota Statue Section 347.50, and or any successor statute. Subd. 7 Enclosure. Any structure, except a dwelling, designed to securely enclose and prevent Page 2 of 16 Gy of Centerville Animal Ordnance #24 - Updated 10/07/99 an animal from escaping therefrom, and/or designed to provide the animal with shelter and protection from the weather. Subd. 8 Kennel - Commercial. Any structure or premises on which five (5) or more domestic animals over six (6) months of age are kept, owned, boarded, groomed, sheltered, protected, bred, or offered for sale or any other merchandising. Every kennel shall be enclosed or fenced in such a manner as to prevent the running at large or escape of the domestic animal(s) confined therein. Subd. 9 Kennel - Private. Any structure or premises on which four (4) or less domestic animals over six (6) months of age are kept for private enjoyment and not for monetary gain. Every kennel shall be enclosed or fenced in such a manner as to prevent running at large or escape of the domestic animal confined therein. Subd. 10 Owner. Any person, firm, corporation, organization, or department, possessing, feeding, harboring, keeping, having an interest in, or having temporary or permanent custody or control of the animal. Subd. 11 Animal Control Officer. A person employed by or under contract with the City or a licensed peace officer who is responsible for animal control enforcement. 24.02 Restrictions. Subd. 1 Running at Large Prohibited. It shall be unlawful for the domestic animal of any person who owns, harbors, or keeps a domestic animal to run at large. Dogs or cats must be on a leash accompanied by an individual capable of controlling the animal as needed. Subject to the above restrictions, dogs and cats shall be permitted in streets or on public land unless the City has posted an area with signs reading "Dogs or Cats Prohibited." Subd. 2 License Required. (1) All dogs, cats and ferrets over the age of six months kept, harbored, or maintained by their owners in the City, shall be licensed and registered with the City. Licenses shall be issued by City Staff upon payment of the license fee. The license fee will be established by Council resolution or separate Ordinance. Such license shall be renewed every two years for the life of the animal provided that the owner shows proof every two years that the animal has shots within that period and provided the address of the owner remains the same. The owner shall state, at the time application is made for the license and upon forms provided for such purpose, his or her name and address and the name, breed, color, and sex of each animal owned or kept by him or her. No license shall be granted for an animal Page 3 of 16 G' y ofCenleruille 4rvmal Ordinance #24 - Updated 10/07/99 which has not been vaccinated against distemper and rabies, as provided in this Ordinance. Vaccination shall be performed only by a doctor qualified to practice in in which i veterinary medicine n the state in w c animal is vaccinated. A veterinarian who vaccinates an animal to be licensed in the City shall complete a certificate of vaccination. One copy shall be issued to the animal owner for affixing to the license application. (2) Upon payment of the license fee, City Staff shall issue to the owner a license certificate and metallic tag for each animal licensed. The tag shall have stamped on it the year for which it is issued and the number corresponding with the number on the certificate. Every owner shall be required to provide each animal with a collar to which the license tag must be affixed, and shall see that the collar and tag are worn. In case an animal tag is lost or destroyed, a duplicate shall be issued by the City. A charge shall be made for each duplicate tag. Animal tags shall not be transferable from one animal to another and no refunds shall be made on any animal license fee or tag because of death of an animal or the owner's leaving the City before the expiration of the license period. (3) The licensing provisions of this Subdivision shall not apply to animals whose owners are non - residents temporarily within the City, nor to animals brought into the City for the purpose of participating in any animal show, nor shall this provision apply to animals specifically trained for and actually providing assistance to the physically handicapped. (4) Address Change. An applicant who has obtained a license shall notify the City of applicant's address change within corporate limits of the City within thirty (30) days of any address change. (5) Counterfeit Tags. No person shall counterfeit, attempt to counterfeit, or attach any counterfeit tag to any dog, cat and ferret in the City. Subd. 3 Pigeons. No person shall keep four (4) or more pigeons on a premises, without first obtaining a license as provided in this Section, and no person shall keep or harbor pigeons except in compliance with this Section. (1) As used in this Section the term "pigeon" includes any and all varieties of pigeons. The term "loft" includes any and all quarters in which pigeons are housed. (2) Application for a license to keep pigeons shall be made to City Staff on such forms as the City Staff may provide. The application shall be investigated by Page 4 of 16 • Qv ofCenlerville Animal Ordinance #24 - Updated 10 /0VYQ the administrative staff of the City to determine compliance with the Ordinance of the City and shall then be referred to the City Council which shall have the discretion to grant or deny the license. The Council shall conduct a public hearing if needed. In making such determination, the Council shall take into consideration, among other things, the following: the adequacy of the housing for the pigeons; the methods to be used for sanitation and to maintain quiet; and, any violations during the previous license period, if applicable. The Council may also impose such conditions as it deems necessary and appropriate to carry out the intent of this ordinance. (3) In addition to such information required by the City, the application shall also include the following information: a site plan showing the location and size of the premises and the location, size and type of all structures for the housing of pigeons, said structure /loft will comply with City zoning requirements, the maximum number of pigeons to be kept on the premises at one time, and an agreement by the applicant that the premises may be inspected by the City at all reasonable times so as to assure compliance with the following: A. All premises on which pigeons are kept or maintained shall be kept reasonably clean from filth, garbage, and any substances which attract rodents. The loft and its surroundings must be cleaned at least weekly. B. The loft must be constructed and maintained so as to be rodent - proof. C. All pigeons shall be fed within the confines of the loft on the premises on which the pigeons are housed. The pigeons shall be confined to the loft except when they are released for exercise, performance, training, or to return from areas outside the corporate limits of the City of Centerville for the purpose of engaging in a race or returning from training flights. D. All grains and food stored for the use of the pigeons on a licensed premises shall be kept in a rodent free container. E. Pigeons shall not be kept in such a manner as to constitute a nuisance to the occupants of adjacent property. 24.03 Rabies Control. Subd. 1 The Minnesota health laws and regulations are hereby adopted in cases of animals which have bitten persons and the animal is rabid or is suspected of being rabid. Page 5 of 16 Otv of Coale/ mile Mrmal Ondirianee #24 - Updated 10/07/99 Subd. 2 It shall be the duty of the owner of any animal to immediately, but in all cases no later than twenty -four (24) hours, report to the Police Department all bites inflicted by the owner's animal to any person. The owner of such animal shall also be required to provide the police written proof of vaccination and pertinent information when warranted or requested by the Police Department. Subd. 3 The Police are hereby authorized to take into possession any animal suspected of having rabies following a bite inflicted to any person. Subd. 4 Muzzling. Whenever the prevalence of rabies renders such action necessary to protect the public health and safety, the Police Department /City Council shall issue a proclamation ordering every person owning or keeping a dog, cat or ferret to confine it securely on its premises unless it is muzzled so that it cannot bite. No person shall violate such proclamation, and any domestic animal running at large during the time fixed in the proclamation may be destroyed by the police without notice to the owner. Subd. 5 Whenever an animal has bitten a person or whenever a suspected or known rabid is picked up by an animal control officer or police officer, such animal may be confined for a minimum period of ten (10) days as follows: (1) Upon proof of current rabies vaccination, the animal control officer or policeman may authorize the confinement of the animal at the owner's place of residence, provided that the animal shall not be permitted to come in contact with other animals or persons, and provided further that the animal be muzzled and on a leash not exceeding six (6) feet when removed from the place of confinement. (2) If no proof of current vaccination is provided, or if the animal control officer or police do not consent to confinement at the owner's place of residence, the animal shall be confined at the animal control facility for the entire ten (10) day period at the owners expense. (3) An animal under confinement may not be removed from such confinement prior to the expiration of ten day period without written permission of the animal control officer or the Chief of Police. (4) The owner of any animal confined at the owner's residence shall, at all times, permit the inspection of such animal during the confinement period upon oral request of animal control officers or the police. The owner shall further be responsible for immediately reporting any change in the animals health or behavior to the appropriate animal control officer during the confinement period. Page 6 of 16 City of Centerville Animal Ordinance #24 - Opdated 10/07/99 (5) A quarantined animal shall be confined to an enclosure in such a matter so as to prevent the animal from escaping. All openings to the enclosure shall be locked with a secure locking device, and the animal shall not be removed from the enclosure unless muzzled and on a leash not exceeding six (6) feet in length, and under the control of a competent person. (6) An animal control officer and /or police officer may enter upon the private property of another for the purpose of removing such quarantined animal to an animal shelter when it has been determined that such quarantined animal has not been maintained by the owner in a manner consistent with the provisions of this Section. 24.04 Non - Domestic Animals. It shall be illegal for any person to own, possess, harbor, or offer for sale, any non - domestic animal within the City limits. An exception shall be made to this prohibition for animals specifically trained for and actually providing assistance to the physically handicapped and for those animals brought into the City for educational purposes, as part of an operating zoo, veterinarian clinic, scientific research laboratory, or a licensed show or exhibition. 24.05 Farm Animals. Farm animals shall only be kept in an agricultural district of the City, or on a residential lot of at least ten (10) acres in size provided that no animal shelter shall be within three hundred (300) feet of an adjoining piece of property. An exception shall be made to this Subsection for those animals brought into the City as part of education, an operating zoo, veterinarian clinic, scientific research laboratory, or a licensed show or exhibition. 24.06 Impounding. Subd. 1 Running at Large. Any animal running at large is hereby declared a public nuisance. Any police officer may impound any animal found unlicenced or any animal found running at large and shall give notice of the impounding to the owner of such animal, if known. Subd. 2 Reclaiming. All animals conveyed to the pound shall be kept, with humane treatment and sufficient food and water for their comfort, at least five regular business days, unless reclaimed sooner by its owner or keeper as provided by this Ordinance. If the animal is a dangerous animal as defined under § 24.01, Subd. 5, it shall be kept for seven regular business days. If it is determined that an animal has been cruelly- treated prior to being conveyed, it shall be kept for ten regular business days, unless reclaimed by its owner or keeper as provided by this Ordinance. Immediately on confinement of any animal, reasonable effort shall be made by the impounding official to notify the owner of the animal, of the animal's confinement, and procedures to be followed for reclamation of such animal. Subject to the number of days referenced above, any animal may be redeemed from the pound by the owner upon performance of the following: Page7of 16 CO of Centerville Animal Ordinance #24 - Ilpdsled 10/07/99 (1) Payment of a release fee and receipt of a release permit from the police; and (2) Payment of maintenance costs, as provided by the pound, per day or any part of day while animal is in said pound; and (3) If an animal is unlicenyed, payment of a regular license fee and valid certificate of vaccination for rabies and distemper shots is required; and (4) Proof of rabies vaccination presented; and (5) Said fee shall be set by City Council and reviewed periodically and kept on record with the City. Subd. 3 Permissible Return of Unrestrained Dog. Not withstanding the provisions of Section 24.06, Subd.1, 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. Subd. 4 Unclaimed Animals. At the expiration of the times established, if the animal has not been reclaimed in accordance with the provisions of this Ordinance, the officer appointed to enforce this ordinance may let any person claim the animal by complying with all provisions in this Ordinance, or the officer may sell the animal, with all funds paid to the City of Centerville, or cause the animal to be destroyed in a proper and humane manner and shall properly dispose of the remains thereof. Any money collected under this Ordinance shall be payable to the City of Centerville. 24.07 Kennels. Subd 1. A kennel license is required in addition to individual licenses. The City Council shall issue a kennel license upon the following conditions: (1) Payment of an annual kennel license fee which shall expire on December 31 of each year and must be renewed annually. (2) Kennels and the premises used therefore shall be kept in a clean, quiet, orderly and sanitary condition, so at not to constitute a nuisance. In determining whether a nuisance exists, consideration shall be given to the kennels 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 Page 8 of 16 Clv ofCenlerliille drtimel Orcinanee #24 - Updated 1O/O27 enclosure by a leash or otherwise under control. (4) A commercial kennel must be in compliance with the City Zoning Code. 24.08 Nuisances. Subd. 1 Habitual Barking. It shall be unlawful for any person to keep or harbor an animal which habitually barks or cries. Habitual barking shall be defined as barking for repeated intervals of at least three minutes with less than one minute of interruption. Such barking must also be audible off of the owner's or caretaker's premises. Subd. 2 Chasing of pedestrian/moving vehicles. To chase vehicles or to molest or annoy any person while away from the property of its owner. Subd. 3 Damage to Property. It shall be unlawful for any person's dog or other animal to damage any lawn, garden, or other property, whether or not the owner has knowledge of the damage. Any such animal may be impounded as provided in this Ordinance or a complaint may be issued by anyone aggrieved by an animal under this ordinance, against the owner of the animal for prosecution under this Ordinance. Subd. 4 Cleaning up litter/Feces Disposal. The owner of any animal shall be responsible for cleaning up any feces of the animal and disposing of such feces in a sanitary manner whether on their own property, on the property of others or on public property, in the following manner: (1) During the period of November 1 s' through April 30 all feces material shall be removed from the owner's premises and /or stored in a sanitary manner within seven (7) days /one (1) week. (2) During the period of May 1" through October 31 all feces material shall be removed from the owners property and /or stored in a sanitary manner within forty eight (48) hours /two (2) days. (3) Objectionable feces odor and/or flies detectable at the adjoining property line shall be deemed a violation of this Section. Subd. 5 The owner of any animal shall not permit such animal to be on public property or the property of another without having in their owners immediate possession a device for the immediate removal of feces material deposited by the animal, as well as a container for the transport of such material to a proper disposal receptacle located on the property of the owner. Immediate removal of feces is required per this Ordinance. Page 9 of 16 0/y of Centerville Animal Ordinance #24 - Updated 10/07/09 Subd. 6 The provisions of this Section, shall not apply to any animal specifically trained for and actually providing assistance to the physically handicapped or other individuals with severe disabilities who are unable to clean up after a companion dog; dogs when used in police activities by the City; or tracking dogs when used by or with permission of the City. Subd. 7 Written Complaint. Any person aggrieved by an animal nuisance may make a written complaint to the Police Department, or such other persons designated by the City Council, stating the acts complained of, the name and address of the owner of the animal, and the name and address of the person making the complaint. The Police Department shall then promptly notify the person owning or keeping the animal and shall order the nuisance abated within five (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. Subd. 8 Other. Any animals kept contrary to this Section are subject to impoundment as provided in this Ordinance. 24.09 Seizure of Animals. Any police officer or animal control officer may enter upon private property and seize any animal provided that following exist: (1) There is an identified complainant other than the police officer or animal control officer making a contemporaneous complaint about the animal; (2) The officer reasonably believes that the animal meets either the habitual barking/crying criteria; criteria for inhumane treatment; or the criteria for an at large animal as set forth herein. (3) The officer can demonstrate that there has been at least one previous complaint of habitual barking; inhumane treatment; or that the animal was at large on a prior date; (4) The officer has made a reasonable attempt to contact the owner of the property and those attempts have either failed or have been ignored; (5) The seizure will not involve the forced entry into a private residence. Use of a pass key obtained from a property manager, landlord, innkeeper, or other authorized person to have such key shall not be considered unauthorized entry; and; (6) Written notice of the seizure is left in a conspicuous place if personal contact with the owner of the animal is not possible. Page 10 of 16 Ciy ofCenleruille Animal Ordinance 7124 - Updated 10/07/99 24.10 Humane Treatment of Animals. The owner of any animal within the City shall provide such animal with sufficient wholesome food and water on a daily basis, proper and sufficient shelter from the weather, and veterinary care when needed to prevent suffering of any sick or injured animal. No person shall beat, torment, tease, or otherwise abuse an animal, or permit an animal fight. Any person not treating their pet in such humane manner will be subject to the penalties provided in this Ordinance. 24.11 Domestic Animal Shelters. A person in charge or control of any domestic animal which is kept outdoors or in an unheated enclosure shall provide the domestic animal with shelter and bedding as prescribed in this Section as a minimum. (1) The shelter shall include a moisture proof and wind proof structure of suitable size to accommodate the domestic animal and allow retention of the body heat. (2) Shade from the direct rays of the sun, during the months of June to September shall be provided. (3) A domestic animal kept on a farm may be provided with access to a barn with sufficient quantity of loose hay or bedding to protect against cold and dampness. (4) All shelters required by this Section shall be subject to all building or zoning regulations of any city, township, county or state. 24.12 Guard Dog Warning Signs. A person maintaining a dog for security purposes within the City shall post a sign at all entrances to the property. Said sign shall be a minimum of 6" x 12 ", with letters of contrasting color, a minimum of 2" in height, and a brush stroke of Yz" minimum, with the following words affixed to such sign, "DANGER - GUARD DOG ". 24.13 Abandoned Animals. Upon written notice of the Chief of Police that private property is attracting or providing shelter to animals that are not owned or cared for by any known person, the owner of such property shall be responsible for removing such animals in a humane manner within thirty (30) days of such a written notice. 24.14 Animals Presenting a Danger to Health and Safety of City. If, in the reasonable belief of a police officer, an animal presents an immediate danger to the health and safety of any person, or the animal is threatening imminent harm to any person, or the animal is in the process of attacking any person, the officer may destroy the animal in a proper and humane manner. Otherwise the officer may apprehend the animal and deliver it to the Page 11 of 16 Cif oFCerrtenille Animal Ordinance #24 - Updated 10/07/99 pound for confinement. If the animal is destroyed, a charge to dispose of the animal is payable by the owner of the animal. If the animal is found not to be a danger to the health and safety of the City, it may be released to the owner or keeper in accordance with the provisions of this Ordinance. 24.15 Diseased Animals. Subd. 1 Keeping of Diseased Animal. No person shall keep or allow to be kept on his or her premises, or on premises occupied by them, nor permit to run at large in the City, any animal which is diseased so as to be a danger to the health and safety of the City, even though the animal be properly licensed under this Section. Subd. 2 Confinement. Any animal reasonably suspected of being diseased and presenting a threat to the health and safety of the public, may be apprehended and confined in the pound by a police officer. The police officer shall have a qualified veterinarian examine the animal. If the animal is found to be diseased in such a manner so as to be a danger to the health and safety of the City, the officer shall cause such animal to be euthanized and shall properly dispose of the remains. Reasonable efforts will be made to notify the owner or keeper of the animal prior to the euthanasia. The owner will be liable to cover the cost of maintaining and disposing of the animal, plus the costs of any veterinarian examinations Subd. 3 Release. If the animal, upon examination, is not found to be diseased within the meaning of this Section, the animal shall be released to the owner or keeper free of charge. 24.16 Designation as Dangerous or Potentially Dangerous Animal. The animal control officer shall designate any animal as a dangerous or potentially dangerous animal upon receiving such evidence that meets the definition as stated in this Ordinance. When an animal is declared dangerous or potentially dangerous the animal control officer shall cause one (1) owner of the potentially dangerous or dangerous animal to be notified in writing that such animal is potentially dangerous or dangerous. Subd. 1 Authority to order destruction. The animal control officer, upon finding that an animal is dangerous or potentially dangerous hereunder, is authorized to order, as part of the disposition of the case, that the animal be destroyed based on written order from City Council. Subd. 2 Procedure. The animal control officer, after having determined that an animal is dangerous or potentially dangerous, may proceed in the following manner: (1) The animal control officer shall cause one (1) owner of the animal to be notified in writing or in person that the animal is dangerous or potentially Page 12 of 16 efts , f'C ntun rl /° / BIIB31 Ordnancc # - C�.-daled 70/6 dangerous and may order the animal seized or make such orders as deemed proper. (2) If the owner of an animal elects to appeal, the appeal shall be referred to the City Council for a hearing. The City Clerk shall notify the owner of such animal by certified mail, return receipt requested, of the time of the hearing at least fourteen (14) days prior to the hearing. The notice shall state that the owner may be represented by legal counsel during such hearing and may provide oral and written testimony. The Council shall maintain an electronic record of the hearing. (3) If an owner requests a hearing for determination as to the dangerous nature of the animal, the hearing shall be held before the City Council, which shall set a date for hearing not more than three (3) weeks after demand for the hearing. The records of the animal control or City Clerk's office shall be admissible for consideration by the animal control officer without further foundation. After considering all evidence pertaining to the temperament of the animal, the City Council shall make an order as it deems proper. The City Council may order that the animal control officer take the animal into custody for destruction, if such animal is not currently in custody. If the animal is ordered into custody for destruction_ the owner shall immediately make the animal available to the animal control officer. (4). if no appeal is filed, the orders issued will stand and the animal controi officer may order the animal destroyed. (5). No person shall harbor an animal after it has been found by to be dangerous and ordered into custody for destruction. 24.17 Notification of new address. The owner of an animai which has been identified as dangerous or potentially dangerous must notify the animal control officer in writing if the animal is to be relocated from its current address or given or sold to another person. The notification must be given in writing at least fourteen (14) days prior to the relocation or transfer of ownership. The notification must include the current owner's name and address. the relocation address, and the name of the new owner, if any. 24.13 Dangerous Animal or Potentially Dangerous Animal Requirements. If the City Council does not order the destruction of animal that has been declared dangerous or potentially dangerous the City Council may as an alternative. order any of the foilowinL.: (I) The owner provide and maintain a proper enclosure for the dangerous Page 13 of io Gl ofCenleruille Amnia! Oft #24 - Updated 10/07/99 or potentially dangerous animal as specified below. A. Proper enclosure. Proper enclosure means securely confined indoors or in a securely locked pen or structure suitable to prevent the animal from escaping and to provide protection for the animal from the elements. A proper enclosure does not include a porch, patio, or any part of a house, garage, or other structure that would allow the animal to exit of its own volition, or any house or structure in which windows are open or in which door or window screens are the only barriers which prevent the animal from exiting. The enclosure shall not allow the egress of the animal in any manner without human assistance. A pen or kennel shall meet the following minimum specifications: (1) Have a minimum overall floor size of thirty -two (32) square feet. (2) Sidewalls shall have a minimum height of five (5) feet and be constructed of 11 -gauge or heavier wire. Openings in the wire shall not exceed two (2) inches, support posts shall be one - and - one - quarter -inch or larger steel pipe buried in the ground eighteen (18) inches or more. When a concrete floor is not provided, the sidewalls shall be buried a minimum of eighteen (18) inches in the ground. (3) A cover over the entire pen or kennel shall be provided. The cover shall be constructed of the same gauge wire or heavier as the sidewalls and shall also have no openings in the wire greater than two (2) inches. (4) An entrance /exit gate shall be provided and be constructed of the same material as the sidewalls and shall also have no openings in the wire greater than two (2) inches. The gate shall be equipped with a device capable of being locked and shall be locked at all times when the animal is in the pen or kennel. B. Post the front and the rear of the premises with clearly visible warning signs, including a warning symbol to inform children, that there is a dangerous animal on the property. C. Provide and show proof annually of public liability insurance in the minimum amount of three hundred thousand dollars ($300,000.00); Page 14 of 16 ay of Centerville Animal Ordinance #24 - Updated 10/07/99 D. If the animal is a dog and is outside the proper enclosure, the dog must be muzzled and restrained by a substantial chain or leash not to exceed six (6) feet in feet in length, and be in physical restraint of a person sixteen (16) years of age or older. The muzzle must be of such design as to prevent the dog from biting any person or animal, but will not cause injury to the dog or interfere with its vision or respiration; E. If the animal is a dog, it must have an easily identifiable, standardized tag identifying the dog as dangerous affixed to its collar at all times as specified in Minnesota Statute 347.51; F. Provides and shows proof of microchip identification as required in the Minnesota Statues. Subd. 1 Seizure. Animal control shall immediately seize any dangerous animal if the owner does not meet any such conditions imposed by order of the City Council within fourteen (14) days after the date notice is sent to the owner. Seizure may be appealed to district court by serving a summons and petition upon the City and filing it with the district court. 24.19 Reclaiming animals. A dangerous or potentially dangerous animal seized under this Ordinance, may be reclaimed by the owner of the animal upon payment of impounding and boarding fees, and presenting proof to animal control that all requirements set forth by City Council order are fulfilled. An animal not reclaimed under this section within fourteen (14) days may be destroyed with, the owner liable to animal control for costs incurred. 24.20 Summary Destruction. Whenever an animal control officer or police officer determines that any animal presents an immediate threat to the safety of any person, after making reasonable attempt to impound such animal, said officer is hereby authorized to destroy such animal in the interests of public safety. 24.21 Enforcing Officer. The Council is hereby authorized to appoint an animal control officer(s) to enforce the provisions of this Ordinance. In the officer's duty of enforcing the provisions of this Ordinance, he or she may from time to time, with the consent of the Council, designate assistants. The provisions of this chapter may be enforced by any of the following: (1) The primary law enforcement agency of the community. (2) The law enforcement agency contracted with by the City. (3) The animal control officer as designated by the City. (4) The animal control facility contracted with by the City. 24.22 Interference with Officers. No person shall in any manner molest, hinder, or interfere Page 15 of 16 Cftr ofConlon7 //e Animal On nanc'e #24 - Updated 1O /O7/ 2 with any person authorized by the Council to capture dogs, cats or other animals and convey them to the pound while engaged in such operation. Nor shall any unauthorized person break open the pound, or attempt to do so, or take or attempt to take from any agent any animal taken up by him or her in compliance with this Ordinance, or in any other manner to interfere with or hinder such officer in the discharge of his or her duties under this Ordinance. 24.23 Penalty Violations of this Chapter. Any violation of this Ordinance is a misdemeanor. Each day on which said violation continues shall constitute a separate violation. 24.24 Repealer. On the effective date hereof, Centerville Ordinance Number 24 -A dated September 25, 1985 and Ordinance Number 24 -B dated December 23, 1985 is repealed. 24.25 Effective Date. This Ordinance shall take effect and be enforced from and after its passage as provided by law. Passed by the City Council this _ day of , 2000. APPROVED: Mayor TomWilharber ATTEST: Jim March - Administrator Page 16 of 16 MEMO DATE : October 8, 1999 TO : Honorable Mayor and Council FROM : Jim March RE : Refuse Contract Included in your packet is a revised refuse contract that is being proposed by Waste Management. The discussed changes have been incorporated into the revised draft. Information justifying the proposed rates has been included at the end of the submitted draft as requested. Mr. Bruce Malec (Division Manager) will be present at the meeting to answer any questions. Waste Management did sign an extension to our current contract until November 1, 1999. CITY OF CENTERVILLE RESIDENTIAL REFUSE SERVICE CONTRACT BETWEEN: CITY OF CENTERVILLE AND WASTE MANAGEMENT DRAFT TABLE OF CONTENTS INDEX 1. TERM . 1 A. Five Years . . . 1 B. Renewal . . 1 C. Termination . . 1 2. GENERAL DESCRIPTION OF SERVICE . . 1 3. DEFINTfIONS 1 • 4. COLLECTION SERVICE . 4 A. Description . 4 B. Containers . 4 C. Location . 5 • D. Frequency . 5 E. Exemptions . 5 F. Non - Standard Material Pick -up . . 5 5. YARD WASTE COLLECTION SERVICE . . 5 A. Description . 5 B. Location . . 5 C. Frequency . . 6 6. RECYCLABLE COLLECTION SERVICE . 6 A. Description . . 6 B. Location . . . 6 C. Source Separation . 6 D. Frequency . 6 E. Processing of Recyclables . 6 F. Recording . . . 6 7. ADDITIONAL COLLECTION SERVICE . 7 A. Description . 7 B. Location . . . 7 C. Frequency . 7 8. SPRING & FALL CLEAN -UP SERVICES . . 7 A. Description . . 7 B. Location . 7 C. Disposal . 7 9. CITY -WIDE CELEBRATION COLLECTION SERVICE . 8 10. HOUSEHOLD HAZARDOUS WASTES . 8 11. SERVICE SCHEDULE . 8 A. Hours . 8 B. Collection Days . 8 C. Holidays . . 8 12. IN -YARD SERVICE . 9 13. STREET IMPROVEMENTS . 9 14. ADMINISTRATION . 9 15. CHARGES . . 9 A. Charge Increase . 10 B. Collection Service . 10 C. Annual Price Review . . . 10 D. Senior Citizen Discount . . 10 E. Waste Management Fees . . 10 F. Certification of Delinquent Payments. 10 16. LIQUIDATED DAMAGE . . 11 A. Notice . 11 B. Failure to Respond . . 11 C. Exceptions . 11 17. LIABILITY INSURANCE . 11 18. WORKER'S COMPENSATION INSURANCE . 12 19. PERFORMANCE OF CONTRACT . 12 A. Supply Necessary Claims . 12 B. No Claims . 12 C. Indemnification . 12 20. EQUIPMENT 13 A. Vehicle Protection . 13 B. Cleaning . 13 C. Painting . 13 D. Maintenance . 13 E. Vehicle Inspection . 13 F. Description of Vehicles . . 13 G. Safety Equipment . . 14 21. PERSONNEL REQUIREMENTS . 14 A. Responsibility . . 14 B. Driver . . 14 C. Collector . 14 22. SUPERVISION . 15 23. SAFETY . 15 24. TITLE 15 25. SUBLETTING OR ASSIGNMENT OF CONTRACT . 15 26. NON - DISCRIMINATION . 15 27. HEALTH REGULATIONS AND ORDINANCES . 16 28. GOVERNING LAW . . 16 29. NOTICE . 16 30. SEVERABILITY . 16 31. DISPUTES . 16 32. INDEPENDENT CONTRACTORS . . . 17 33. ENTIRE AGREEMENT . 17 LIST OF APPENDIXES Appendix A "Non- Standard Materials Collected" . . 18 Appendix B "Recyclable Materials" 19 Appendix C "Holidays" . 20 Appendix D "Collection Rates" . 21 CENTERVILLE PROPOSED RATES 30 gallon/week service -Curb Garbage Service $ 7.39 Recycle $ 3.00 Tax $ .72 TOTAL $11.11 60 gallon/week service -Curb Garbage Service $11.08 Recycle $ 3.00 Tax $ 1.08 TOTAL $15.16 90 aallon/week service -Curb Garbage Service $14.12 Recycle $ 3.00 Tax $ 1.38 TOTAL $18.50 Senior Citizen's Service -Curb Garbage Service $6.39 Recycle $3.00 Tax $0.62 TOTAL $10.01 • Waste Management Bills residents directly. • All extras are included in the Base Rates. Yardwaste included Bag of Trash included Appliances included Bulk Items included • Carts provided by Waste Management • Recycling of Lead Acid Batteries, Motor Oil, Tires, and Scrap Metal • City provides recycle bins • City offices included • Disposal at Anoka County Elk River CIRCLE PINES PRICE COMPARISON 30 gallon/week service -Curb Garbage Service $ 6.23 Recycle $ 2.35 Tax $ .61 TOTAL $ 9.19 60 gallon/week service -Curb Garbage Service $ 6.49 Recycle $ 2.35 Tax $ 0.63 TOTAL $ 9.47 90 gallon/week service -Curb Garbage Service $ 6.75 Recycle $ 2.35 Tax $ 0.66 TOTAL $ 9.76 Senior Citizen's Service -Curb Garbage Service $ 5.92 Recycle $ 2.35 Tax $ 0.58 TOTAL $ 8.85 City pays an additional disposal fee of $38.75 Per Ton for all trash collected in Circle Pines. • City Bills residents on Utility Bills. • Residents buy stickers from City Hall for all extras $1.00 Per Sticker Yardwaste 1 Sticker Per Bag Bag of Trash 1 Sticker Per Bag Appliances 15 Stickers Per Item Bulk Items 10 Stickers Per Item • Carts Provided by Waste Management • No recycling of Lead Acid Batteries, Motor Oil, Tires, or Scrap Metal • City provides recycle bins • City Offices Included • Disposal at Anoka County Elk River 2 • HAM LAKE PRICE COMPARISON 30 gallon/week service -Curb Garbage Service $ 10.26 Recycle $ Tax $ 1.00 TOTAL $ 11.26 60 gallon/week service -Curb Garbage Service $ 14.60 Recycle $ Tax $ 1.42 TOTAL $ 16.02 90 gallon/week service -Curb Garbage Service $ 19.61 Recycle $ Tax $ 1.91 TOTAL $ 21.52 20 Gallon Service -Curb Garbage Service $ 7.69 Recycle $ Tax $ 0.75 TOTAL $ 8.44 City pays for recycle service directly to Waste Management. • Ham Lake Haulers pays for Connexus Energy to bill trash service to residents • City of Ham Lake pays Hain Lake Haulers directly for recycling • Residents are billed for extras on their Connexus bill. Extras include: Yardwaste Bag of Trash Appliances Bulk Items • Carts provided by Waste Management • No recycling of Lead Acid Batteries, Motor Oil, Tires or Scrap Metal • City provides recycle bins • City offices included • Disposal at Anoka County Elk River 3 COON RAPIDS PRICE COMPARISON 30 gallon/week service -Curb Garbage Service $ 13.95 Recycle $ 4.00 Tax $ 1.36 TOTAL $ 19.31 60 gallon/week service -Curb Garbage Service $ 14.95 Recycle $ 4.00 Tax $ 1.46 TOTAL $ 20.41 90 gallon/week service -Curb Garbage Service $ 16.95 Recycle $ 4.00 Tax $ 1.65 TOTAL $ 22.60 Senior Citizen Service NOT AVAILABLE • Subscription Service. Residents choose a licensed hauler and are billed directly by that hauler • Residents are billed for extras on their bill. Extras include: Yardwaste Bag of Trash Appliances Bulk Items • Carts and recycle bins provided by Waste Management • No recycling of Lead Acid Batteries, Motor Oil, Tires or Scrap Metal • City offices are billed separately • Disposal at Anoka County Elk River 4 VADNAIS HEIGHTS PRICE COMPARISON 30 gallon/week service -Curb Garbage Service $ 8.71 Recycle $ 2.18 Tax $ 0.85 TOTAL $ 11.74 60 gallon/week service -Curb Garbage Service $ 10.30 Recycle $ 2.18 Tax $ 1.00 TOTAL $ 13.48 90 gallon/week service -Curb Garbage Service $ 12.52 Recycle $ 2.18 Tax $ 1.22 TOTAL $ 15.92 Senior Citizen Service -Curb Garbage Service $ 6.44 Recycle $ 2.18 Tax $0.63 TOTAL $ 9.25 • Waste Management bills residents directly • Residents are billed for extras on their bill. Extras include: Yardwaste Bag of Trash Appliances Bulk Items • Carts provided by Waste Management • No recycling of Lead Acid Batteries, Motor Oil, or Tires • City provides recycle bins • City offices included • Disposal at NSP- Newport 5 LINO LAKES PRICE COMPARISON 30 gallon/week service -Curb Garbage Service $ 13.95 Recycle $ 4.00 Tax $ 1.36 TOTAL $ 19.31 60 gallon/week service -Curb Garbage Service $ 14.95 Recycle $ 4.00 Tax $ 1.46 TOTAL $ 20.41 90 gallon/week service -Curb Garbage Service $ 16.95 Recycle $ 4.00 Tax $ 1.65 TOTAL $ 22.60 20 Gallon Service -Curb NOT AVAILABLE • Subscription Service. Residents choose a licensed hauler and are billed directly by that hauler • Residents are billed for extras on their bill. Extras include: Yardwaste Bag of Trash Appliances Bulk Items • Carts and recycle bins provided by Waste Management • No recycling of Lead Acid Batteries, Motor Oil, Tires or Scrap Metal • City offices are billed separately • Disposal at Anoka County Elk River 7 LITTLE CANADA PRICE COMPARISON 30 gallon/week service -Curb Garbage Service $ 8.55 Recycle $ 2.00 Tax $ 0.83 TOTAL $ 11.38 60 gallon/week service -Curb Garbage Service $ 10.11 Recycle $ 2.00 Tax $ 0.99 TOTAL $ 13.10 90 gallon/week service -Curb Garbage Service $ 12.30 Recycle $ 2.00 Tax $ 1.20 TOTAL $ 15.50 Senior Citizen Service -Curb (Resident buys stickers at $2.75 each plus tax and place a 30 gallon bag with sticker at the Curb Recycle $ 2.18 Per Month Tax $ 0.00 TOTAL $ 2.18 Per Month • Waste Management bills residents directly • Residents are billed for extras on their bill. Extras include: Yardwaste Bag of Trash Appliances Bulk Items • Carts provided by Waste Management • No recycling of Lead Acid Batteries, Motor Oil, Tires or Scrap Metal • City provides recycle bins • City offices included • Disposal at NSP- Newport 6 CITY OF CENTERVILLE RESIDENTIAL REFUSE CONTRACT THIS AGREEMENT, made and entered into this day of , 1999 by and Between the City of Centerville, a municipality in the County of Anoka, State of Minnesota, hereinafter referred to as "CITY", and Waste Management of Minnesota, a Minnesota Corporation, hereinafter referred to as " CONTRACTOR". RECITALS: WHEREAS, the CITY requires the collection and disposal of garbage and rubbish and recyclables from residences in the City of Centerville; AND WHEREAS, CONTRACTOR is engaged in the business of collecting and disposing of garbage and rubbish and recyclables; AND WHEREAS, the CITY desires to contract for the services of CONTRACTOR and CONTRACTOR desires to provide the services to the residents of the CITY; NOW, THEREFORE, it is agreed by and between the parties; 1. TERM A. Five Years. This contract shall be in full force and effect for the period beginning November 1, 1999 and ending December 31, 2004. B. Renewal. At the conclusion of this period, the parties may wish to consider renewal of this Contract for an additional five -year term. Negotiations for said renewal shall begin no later than October 1, 2005. C. Termination. The City may terminate the contract for breach of the contract, for unsatisfactory performance after written notice of concerns are addressed to the CONTRACTOR and the CONTRACTOR is given 60 days to improve service to meet the standards of the CITY. Should the CONTRACTOR fail to meet these service standards to the satisfaction of the CITY within 60 days the CITY will give a 30 -day notice of termination. 2. GENERAL DESCRIPTION OF SERVICE. CONTRACTOR shall supply all labor, materials, and equipment necessary to make a complete collection of garbage and rubbish; yard waste and recyclables from all residents. 3. DEFINITIONS. "Collection" means the aggregation of waste from the place at which it is generated and includes all activities up to the time the waste is delivered to a waste facility. "Construction Debris" means waste building materials, packaging, and rubble resulting from construction, remodeling, repair, and demolition of buildings and road. "Day Certain Collection" means a City approved plan for weekly collection services by an established day - certain schedule. This schedule requires that a route must be collected on the same day of each week and is based on a five (5) day, Monday — Friday, working week. The only exceptions to the "day- certain" plan shall be during those weeks in which occur legal holidays as listed in Appendix C. "Disposal" or "Dispose" means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any waste into or on any land or water so that the waste or any constituent thereof may enter the environment or be emitted into the air, or discharge into any water, including ground water "Garbage" means organic waste including discarded material resulting from the handling, processing, storage, preparation, serving, and consumption or food. "Industrial Waste" means solid waste resulting from an industrial, manufacturing, service, or commercial activity that is managed as a separate waste system. "Hazardous Waste" means any refuse, sludge, or other waste material or combinations of refuse, sludge or other waste materials in solid, semisolid, or Liquid, or contained gaseous form which because of its quantity, concentration, or chemical, physical or infections characteristics may (a) cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness; or (b) pose substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed or otherwise managed. Categories of hazardous waste materials include, but are not limited to: explosives, flammable, oxidizers, poisons, irritants, and corrosives. Hazardous waste does not include source, special nuclear, or by- product material as defined by the Atomic Energy Act of 1954, as amended. (MS 115A.03) Household Hazardous Waste" means those wastes that cannot be disposed of through recycling efforts or refuse collection. These include, but are not limited to: aerosol spray cans, ammunition and explosives, cleaners, paint, paint thinner, staining products, varnishes, insect repellant spray cans, smoke detectors and many more. These are wastes that are generated in the operation of a home and are based on limited, household quantities. ilifajor Appliances" means clothes washers and dryers, dishwashers, hot water heaters, heat pumps, furnaces, garbage disposal, trash compactors, conventional and microwave ovens, ranges and stoves, air conditioners, dehumidifiers, refrigerators, and freezers. "A/fixed Municipal Solid Waste" means garbage, refuse, and other solid waste from residential commercial, industrial, and community activities that the generator of the waste aggregates for collection, but does not include auto hulks, street sweeping, ash, construction debris, mining waste, sludges, tree and agricultural wastes, tires, processed and disposed of as separate waste streams. 9 "Problem Materials" means a material that, when it is processed or disposed of with mixed municipal solid waste, contributes to one or more of the following results: (1) the release of a hazardous substance, or pollutant or containment, as defined in section 115B.02, subdivisions 8, 13, and 15; (2) pollution of water as defined in section subdivision 13; (3) air pollution as defined in section 116.06, subdivision 4; or (4) a significant threat to the safe or efficient operation of a solid waste facility. Recyclable Materials" means materials that are separated from mixed municipal solid waste for the purpose of recycling, including paper, glass, plastic and metals. Refuse - derived fuel or other material that is destroyed by incineration is not a recyclable material. "Recycling" means the process of collecting and preparing recyclable materials and reusing the materials in their original form or using them in manufacturing processes that do not cause the destruction or recyclable materials in a manner that precludes further use. "Refuse" means solid waste from residences, including garbage and rubbish, and specifically excluding yard waste, recyclables and toxic and hazardous waste. Refuse excludes industrial, commercial, agricultural, and construction garbage or rubbish and wastes. "Residential Dwelling Unit" means any habitable room or rooms located within a dwelling and used as a single habitable unit with facilities which are intended to be used for living, sleeping, cooking, and eating. "Rubbish" means inorganic solid waste, including ashes, consisting of both combustible and noncombustible waste, such as wood, bedding, crockery, and other non - reusable waste. Rubbish also includes non - recyclable types of glass, cardboard and metal. "Solid Waste" means garbage, refuse, sludge, from a water supply treatment plant or air contaminant treatment facility, and other discarded waste materials and sludges, in solid, semisolid, liquid or contained gaseous form, resulting from industrial, commercial, mining and agricultural operations, and from community activities but does not include solid or dissolved material in domestic sewage or other common pollutants in water resources, such as silt, dissolved or suspended solids in industrial waste water effluents or discharges which are point sources subject to permits under section 402 of the Federal Water Pollution Control Act, as amended, dissolved materials in irrigation return flows; or source, special nuclear, or by- product material as defined by the Atomic Energy Act of 1954, as amended. (source: MS116.06) "Source Separation" means recyclable materials that have been prepared and separated by material category, by the generator, for drop -off or collection. (e.g. cans, glass, paper, plastics, etc.) Waste Management" means activities which are intended to affect or control the generation of waste and activities, which provide for or control the collection, processing and disposal of waste. 3 "Waste Reduction or Source Reduction" means an activity that prevents generation of waste or the inclusion of toxic materials in waste, including: (1) reusing a product in its original form (2) increasing the life span of a product (3) reducing material or the toxicity of material used in production or packaging or (4) changing procurement, consumption, or waste generation habits to result in smaller quantities or lower toxicity of wastes generated. "Yard Waste" means wastes such as grass, branches, brush, garden trimmings, leaves, limbs, (not to exceed 3 "in diameter) that are normally generated from residential lawns and gardens. 4. COLLECTION SERVICE A. Description i.) Refuse collection service shall include the collection of: a. All household refuse from residential dwelling units in the city. b. All refuse generated by the City Hall, City Public Works, and City Parks. ii.) Yard Waste service shall include the collection of: a. Brush, yard waste, garden waste, grass clipping, leaves - seasonal collections, April 15 to November 15, or first snowfall. b. Christmas trees cut into lengths under six (6) feet - seasonal on specified days in January. iii.) Limbs and branches (up to 3" in diameter) Bundles of limbs and branches shall not exceed 5 feet in length and 18 inches in diameter. iv.) Refuse collection shall not include the collection of: a. Asbestos b. Fluorescent tubes c. Rechargeable batteries d. Household hazardous waste e. Earthen fill, boulder, rock, and other materials normally handled in construction operation, solids or dissolved material in domestic sewage or other significant pollutants in waste resources, such as silt, dissolved materials in irrigation flows; or other common water pollutants. B. Containers 4 i.) Refuse/Garbage - CONTRACTOR shall provide wheeled refuse/garbage containers with tight fitting lids with an option of 30 gallons, 60 gallons, or 90 gallons in capacity ii.) Yard Waste - shall not exceed 30- gallon capacity bags and be provided by the customer. iii.) Recycling Bins - shall be provided by the CITY. C. Location Residential dwelling units (unless qualifying for "in- yard" service) shall have, as required by City Ordinance, their container located within five (5) feet of the boulevard adjoining the curb on or before 7:00 a.m. on the designated day of the collection. D. Frequency Each residential dwelling unit shall have its refuse collection a minimum of once per week. E. Exemptions No dwelling units shall be exempted from weekly refuse and recycling service unless approved by the City Council pursuant to the City's Refuse Exemption Policy. The fee for Exempt service will be $5.00 per month. F. Non - Standard Material Pick -Up Residents must schedule with CONTRACTOR pick -up of non - standard material, including major appliances. 5. YARD WASTE COLLECTION SERVICE. CONTRACTOR shall collect and dispose of yard waste separately from refuse and recyclables, at an approved composting site. A. Description Yard waste collection service shall include the collection of all yard waste from the residential dwelling units. 13. Location 5 Yazd waste not including tree limbs (less than 3 inches in diameter) shall be placed in an approved container, separate from refuse and recycling containers, at the curb on or before 7:00 a.m. on the designated day of collection. C. Frequency Each residential dwelling unit shall have its yard waste collected a minimum of once per week. 6. RECYCLABLE COLLECTION SERVICE. CONTRACTOR shall collect and market all materials that are generally accepted as recyclable. (see Appendix B) A. Description Recycling collection service shall include the collection of all recycables from CITY offices, and residential dwelling units in the City. B. Location Recyclables shall be placed in containers, obtained from CITY, at the curb, separate from refuse on or before 7:00 a.m. on the designated day of collection. D. Source Separation (see Section 3, Definitions) E. Frequency Each residential dwelling unit, and the CITY office shall have its recyclables collected a minimum of once per week on the designated collection day. F. Processing of Recyclables CONTRACTOR shall use their best efforts to ensure the maximum collection and marketing of recyclable material from the CITY. G. Recording CONTRACTOR shall provide the CITY written documentation concerning recycling tonnage collected or any other requested information on a monthly basis. 6 7. ADDITIONAL COLLECTION SERVICE A. Description Non - Standard Collection items, as described in Sections 4A, 2 and 3 shall also be collected. B. Location Residential dwelling units must have such items located at the curb for pick -up. C. Frequency Additional collection service items shall be collected from the residential dwelling units upon request by the resident, made to CONTRACTOR on the regular collection day. 8. SPRING & FALL CLEAN -UP SERVICES. A. Description The CITY may designate a Saturday in the spring and fall of each year (other than a Saturday on which collection services are performed) "Clean-Up Day ". Each residential dwelling unit may deliver non- standard collection materials, yard waste, garden waste, brush and recyclables to an agreed upon site for disposal at no additional charge to the resident. CONTRACTOR shall provide the labor, equipment, time, and transportation for disposal or processing. The CITY will pay as follows for the Spring and Fall Clean Up. CONTRACTOR shall advise all residents they shall be required to show their drivers licenses at the time of drop off to prove residency in the CITY. Truck & Driver Charges $50.00 Per Hour Disposal of Municipal Solid Waste $38.50 Per Ton Disposal of Yard Waste $41.00 Per Ton Disposal of Construction Debris $41.00 Per Ton Appliances with Freon $18.00 Per Unit B. Location Shall be determined and agreed upon by CITY and CONTRACTOR. C. Disposal CONTRACTOR shall make arrangements to dispose of all items collected on Spring Clean-Up Day. 7 9. CITY -WIDE CELEBRATION COLLECTION SERVICE. When the City -Wide Celebration falls on a Friday of regular pick up CONTRACTOR agrees to provide regular weekly collection service on the Saturday following the Celebration. CONTRACTOR will require 30 -day advance notice of the date of the Celebration. Normal service will resume the following week. 10. HOUSEHOLD HAZARDOUS WASTES. CONTRACTOR shall answer questions regarding household hazardous waste disposal programs for all residents. Household hazardous wastes cannot knowingly be collected by CONTRACTOR during regular collection service. 11. SERVICE SCHEDULE. A. Hours CONTRACTOR shall perform all collection services between the hours of 7:00 a.m. and 6:00 p.m., on Monday through Friday, except when an emergency shall exist, at which item CONTRACTOR shall notify the CITY of such emergency. CONTRACTOR may perform collection services on Saturday when a holiday falls on a weekday. B. Collection Days CONTRACTOR shall provide day- certain collection unless otherwise agreed to by the parties hereto. Collection services will be on Monday through Friday. i). CONTRACTOR may request a change in the day of pick- up by requesting such change in writing to the CITY at least thirty (30) days from the proposed date the requested change is to take effect. A change shall be effected only upon authorization from the CITY and fourteen -day notice to the resident. ii). CONTRACTOR may request a change in the route schedule by requesting such change in writing to the CITY at least thirty (30) days from the proposed date the requested change is to take effect. A route change shall be effected only upon authorization from the CITY. . C. Holidays CONTRACTOR will observe all legal holidays described (see Appendix C) hereto, on which their offices and operations will be closed. When holidays fall on a weekday, the collection for each day of that week after the holiday shall be made one (1) working day later. 8 12. IN -YARD SERVICE. In -Yard service shall be offered to residents that have an approved Doctor's Statement of Medical Disability. In yard service must be approved by CITY. 13. STREET IMPROVEMENTS The CITY reserves the right to improve any street or alley which may prevent -. CONTRACTOR from traveling its accustomed route or routes for collection. No additional compensation will be made to CONTRACTOR for interference due to street conditions. 14. ADMINISTRATION. CONTRACTOR shall maintain an office equipped with telephones and staffed with sufficient personnel to handle complaints, orders for special service, and/or to receive instructions. A. The office shall be staffed from Monday through Friday (except holidays). B. CONTRACTOR shall maintain a written log of all complaints, the date thereof and the action taken pursuant thereto or the reason for non - action. Such log of complaints shall be made available for inspection by the CITY or an authorized representative on a monthly basis. C. CONTRACTOR shall maintain resource recovery facility, transfer stations and/or landfill receipts from trucks carrying CITY refuse exclusively. Such receipts shall be made available for inspection by the CITY or an authorized representative. D. CONTRACTOR, at the best of their ability, shall keep complete and accurate records in accordance with generally accepted accounting practices and to have an annual audit by an independent accounting firm; and shall make available for inspection by the CITY or an authorized representative. E. CONTRACTOR shall provide 30 day advanced notice to the CITY of any change of ownership of CONTRACTOR. CONTRACTOR shall also provide the CITY with an affirmative undertaking regarding this Contract by the buyer of the Company. F. CONTRACTOR shall charge an administrative fee of $10.00 for changes that occur more than once a year from one level of service to another. 15. CHARGES 9 A. Charge Increase The parties agree that the charges stated in Appendix D shall be increased upon review and approval by the City Council, For all increases of existing or upon the imposition of new federal, state, local, or other governmental agency excise taxes, sales tax, surcharges, or other charges. It is agreed that there are no charges for services provided to the CITY office, CITY parks, and other CITY property. B. Collection Service CONTRACTOR shall provide customers with an itemized bill showing a breakdown of charges for refuse, yard waste, recyclable collection service, and any and all additional charges. i) Refuse Contract "Collection Rates" (see Appendix D). C. Annual Price Review The parties agree to increase the cost of the Contractor's payment by the Consumer Price Index (CPI) for year's three through five of this current contract term. Year's one and two all pricing shall hold consistent with the pricing addressed in Appendix D. The CPI and related increase will be defined by the Minnesota Department of Economic Security. It will be the CONTRACTOR'S responsibility to address the increase as described herein to the CITY. Such request shall be submitted in writing 60 days prior to an increase. The city Council shall act upon the review and increase prior to implementation. D. Senior Citizen Discount CONTRACTOR shall provide a special rate for the senior pick -up (said rate shall be one dollar less than the monthly rate charge for 30 gallon service with curbside pick -up). The senior rate will apply to all occupants and residents who provide proof that they have reached the age of 65 and who have no more than two persons residing at said residence. E. Waste Management Fees CONTRACTOR shall bill waste management fees for services. F. Certification of Delinquent Payments All Payments which are 30 days past due and having been properly billed to the occupant of the premises served, shall be delinquent. Occupant may be certified to the City Clerk who shall prepare an assessment roll each year providing for assessment of the delinquent account against the respective property served. CONTRACTOR shall submit this list to the City Clerk by September 1. The 10 assessment adoption on or before October 1 of each year, and upon approval thereof, the amount due shall be certified such charges to the County Auditor, shall specify the name of the owner of the premises, the description of the premises served and the amount thereof. The amount so certified shall be extended by the Auditor of the tax rolls against such premises in the same manner as other taxes. CONTRACTOR shall provide the CITY with a statement, at the time of certification, that the accounts to be certified are because of delinquency, and are not in dispute because of service standards of CONTRACTOR. 16. LIOUIDATED DAMAGES A. Notice To assure day - certain collection and a satisfactory collection service, CONTRACTOR will provide a means for call -back service on any customer missed on the scheduled day of collection. Notice by the CITY to CONTRACTOR shall include the name, address, and telephone number of the complaining party and the date of complaint. B. Failure to Respond Verified failure to make the collection shall be cause for CONTRACTOR to deduct $5.00 liquidated damage from the monthly payment due to CONTRACTOR. C. Exceptions For purposes of this Contract, CONTRACTOR shall not be deemed to be in default where its inability to perform is the result of conditions beyond the control of CONTRACTOR, including, but not limited to, civil disorder, acts of God, weather severe enough that trucks cannot make collections, RDF or landfill closure, changes in applicable statutes, regulations, and ordinances; provided however, that CONTRACTOR shall exhaust every reasonable remedy to correct the conditions resulting in its nonperformance. In the event that CONTRACTOR fails to provide collection service. The CONTRACTOR shall have five (5) days (excluding Saturdays, Sundays, and holidays) to provide such service, and in the event of continuing failures beyond said period, CONTRACTOR shall not be entitled to payment for any customer not so serviced. 17. LIABILITY INSURANCE CONTRACTOR shall maintain and file a policy with the CITY on liability insurance during the whole period of the Contract in the sum of $500,000.00 covering claims for personal injuries to more than one person and $1,000,000.00 covering claims to more than one person in the same accident, and $500,000.00 for claims of injury to property which shall insure the CITY as a named insurance as well as CONTRACTOR, against 11 liability imposed by law on the CITY or CONTRACTOR by reason of any act of admission of CONTRACTOR or its employees in connection with the performance of the Contract. Such policy shall be approved by the City Attorney and filed with the City Clerk. A certificate showing that CONTRACTOR has in force and effect the aforesaid insurance covering both CONTRACTOR and the CITY shall be filed with the City Clerk within ten (10) days from the execution of the Contract, and yearly thereafter at least thirty (30) days prior to the date of expiration of said policy of' insurance for each year of the Contract. All of the foregoing to be in a company licensed to do business in the State of Minnesota and acceptable to the CITY. Memorandum policy and receipt for the payment of premiums for at least one year in advance and on each renewal date be provided herein. CONTRACTOR understands and agrees once refuse is collected said refuse is the responsibility of the CONTRACTOR. CONTRACTOR shall hold harmless and indemnify the CITY for all claims, actions, damages and causes of action of any kind whatsoever, including attorneys fees. The hold harmless and indemnification includes all claims involving hazardous waste and materials classified as hazardous according to the CITY, County, State and Federal regulations. 18. WORKER'S COMPENSATION INSURANCE CONTRACTOR shall at all times keep fully insured, at its own expense, all persons employed by it in connection with the performance of this contract as required by the laws of the State of Minnesota relating to Worker's Compensation Insurance and shall hold the CITY free and harmless from all liability from any cause that may arise by reason of injuries to any employee of CONTRACTOR who may be injured while performing work or labor necessary to carry out the provisions of the Contract. 19. PERFORMANCE OF CONTRACT A. Supply Necessary Items CONTRACTOR shall supply all labor, materials, and equipment necessary for the carrying out of this contract. B. No Claims CONTRACTOR further agrees to pay all persons doing work or furnishing skill, tools, machinery, materials, insurance premiums, equipment insurance, and supplies in and about the performance of this Contract. C. Indemnification. CONTRACTOR further agrees to take all precautions to protect the public against injury and to save the CITY harmless from all damages and claims of damages that may arise by reason of any negligence of CONTRACTOR'S or CONTRACTOR'S agents, or employees while engaged in the CITY against all claims, liens, expenses, and claims for lines of work, tools, machinery, materials, 12 insurance premiums, equipment or supplies, and against all loss by reason of the failure of CONTRACTOR in any respect to fully perform all obligations of this Contract. 20. EOUIPMENT A. Vehicle Protection All trucks or motor vehicles used by CONTRACTOR shall be watertight so as to not allow the leakage of liquids or refuse while hauling the same and shall be covered to prevent the scattering of its contents upon the public streets or private • properties in the CITY. Should any garbage be dropped or spilled in collecting or transporting, it shall be immediately cleaned up. A broom and a shovel shall be carried on each vehicle at all times for this purpose. B. Cleaning All vehicles shall be kept in a clean and sanitary condition. C. Painting The packer body shall be painted and numbered, and shall have the hauler's name and telephone number painted in letters of a contrasting color, at least three inches (3 ") high on each side of the vehicle and the number painted on the rear. D. Maintenance The trucks shall be maintained in good working order. They shall be equipped to meet all federal, state and municipal regulations concerning vehicles used on public roads and maintained to meet these standards. E. Vehicle Inspection All vehicle used in the performance of this Contract shall be made available for inspection at least once each year. However, if a vehicle has been inspected and approved by another city or governmental agency or certified inspector within the previous twelve (12) months, no additional inspection shall be required. F. Description of Vehicles CONTRACTOR shall furnish the CITY with a written description of all vehicles and equipment to be used within the CITY and in the performance of this Contract and shall advise the CITY of any withdrawal of a part of such equipment or of any such change. Also, CONTRACTOR will supply the CITY with Certificates of Insurance for all vehicles used by CONTRACTOR in satisfying this Contract. 13 G. Safety Equipment Each collection vehicle shall have a fire extinguisher (CO2 type) and proper backup alarms approved by the CITY. 21. PERSONNEL REOUI EMENTS A. Responsibility i) There shall be no limitation on the size of the hauler's collection Crew, so long as they are sufficient to fulfill the requirements of the Contract. ii) Each collection crew shall adhere to all applicable Ordinances of the CITY and all of those rules, regulations, and conditions for refuse collection as established by the CITY. B. Driver i) The driver must have a valid Commercial Driver License (CDL) appropriate for the type of vehicle driven. ii) The driver must adhere to all traffic laws. C. Collector i) The driver and collector (s) shall at all times have a courteous attitude toward the general public. ii) The driver and collector (s) shall be of sound character, competent, and sober and free of controlled substances throughout the entire work day. iii) The driver and collector (s) shall have the ability to remember the order of collection and location of all containers on the assigned routes. iv) The driver and collector (s) shall make a concerted effort to have at all times a presentable appearance. v.) The collector (s) on each crew shall be physically able to perform their duties and at least eighteen (18) years old. 14 vi.) The collector (s) shall perform their work in a neat and quiet manner and clean up all refuse, yard waste, or recyclables spilled in collection under any circumstances vii.) All containers shall be replaced on the boulevard adjoining the curb. viii.) Damage to containers or other property shall be avoided. 22. SUPERVISION All services to be performed for the CITY by CONTRACTOR pursuant to the terms or this Contract shall be supervised by such employee, agent, or officer of the CITY or its representative. 23. SAFETY CONTRACTOR shall provide and maintain all sanitary and safety accommodations for the use and protection of its employees as may be necessary to provide for their health and welfare and comply with federal, state, and local codes and regulations, as well as those of the bodies and tribunals having jurisdiction. Employee safety and sanitation facility regulations are set forth in Minnesota Statutes, Section 182 and in the Department of Labor and Industry's Labor and Safety Code (LISC 73-75), 24. TITLE Title to all refuse, yard waste and recyclable collected shall remain vested in CONTRACTOR until all said solid waste is delivered to its final processing location. 25. SUBLETTING or ASSIGNMENT of CONTRACT No assignment or subletting of this Contract, all or in part, will be permitted without written authorization of the CITY. CONTRACTOR also will be held responsible for full faithful performance of this Contract. 26, NON - DISCRIMINATION CONTRACTOR agrees that, during the life of this Contract, CONTRACTOR will not, within the State of Minnesota, discriminate against any employee or applicant for employment under Minnesota Statutes, Section 181.59, and will include a similar provision in all subcontracts entered into for the performance thereof. This Contract may be canceled or terminated by the CITY, and all money due or to become due hereunder may be forfeited for a second subsequent violation of the terms and conditions of this paragraph. This paragraph is inserted in this Contract to comply with the provisions of Minnesota Statutes, Section 181.59. 15 27. HEALTH REGULATIONS and ORDINANCES The CONTRACTOR shall acquaint itself with all pertinent CITY Ordinances and shall comply with all health regulations and Ordinances of the CITY and the State of Minnesota in effect at this time or hereafter adopted. 28. GOVERNING LAW This contract is governed in all respects by the laws of the State of Minnesota, and all obligations are enforceable in accordance therewith; and CONTRACTOR where required, must obtain all licenses or permits to transact a refuse collection business in the CITY. 29. NOTICE. Except as otherwise herein provided, all notices required to be served by either party on the other shall be in writing and forwarded by certified mail to the principal office of the party to which notice is given, as follows; To the CTTY: City of Centerville 1880 Main Street Centerville, MN 55038 To the CONTRACTOR: Waste Management 10050 Naples St NE Blaine, MN 55449 All such notices shall be effective when received. 30. SEVERABILITY. All parts and provisions of this Contract are severable. If any part or provision shall be held invalid, the remainder of this Contract shall remain in effect. 31. DISPUTES. Any disputes or controversies arising out of the interpretation of the provisions of this Contract shall be submitted to arbitration in accordance with provisions of Paragraph 29 of this Contract. However, if the CITY determines a irrevocable breach of Contract, this Contract will be considered void and CONTRACTOR will be given 30 days notice of service termination. 16 32. INDEPENDENT CONTRACTORS. CONTRACTOR is declared to be an independent contractor, and nothing in this Contract shall be construed to create the relationship of employee between the CITY and CONTRACTOR or its agents, or make CONTRACTOR, its agents, or employees, subject to CITY Personnel Policies. 33. ENTIRE AGREEMENT. This Contract, with Appendix A, B, C, D, incorporated herein by reference, is the entire agreement between the parties. No modification of this Contract shall be valid or effective, unless made in writing and signed by the parties hereto. IN WITNESS WHEREOF, the parties hereto have set their hands on this day of , 1999. 17 APPENDIX A Non - Standard Material Collected The following non - standard materials that are in excess of the normal amount generated by a household shall be collected as a "take -all" contract and free for all residents of the CITY without consideration of the volume container registered for the resident. All items outside the following list will be billed separately to the individual resident upon scheduled collection and fee arrangements with the CONTRACTOR. 1. 30 gallon bag 2. Auto Car Seat - single Auto Car Seat -Bench 3. Appliances 4. Mattress and/or Box Spring 5. Carpet and/or Pad per yard 6. Laundry tub 7. Chair -Lazy -boy style 8. Couch 9. Hide -a -bed 10. Lawn Mower 11. Table 12. Portable Television 13. Console Television 14. Bathtub or sink 15. Toilet 16. Kitchen Chair 17. Car Tires (4 Per Household Per Year) 18 APPENDIX I3 Recyclable Materials, including, but not limited to, the following: Aluminum Corrugated Cardboard (non - contaminated) Glass Bottles Newspaper Office paper Non- aerosol metal cans Plastic bottles, #1 and #2 Magazines, catalogs, phone books Textiles Scrap Metal Household Batteries Used Motor Oil (1 gallon per month) Lead Acid Batteries (2 per year) 19 APPENDIX C List of Holidays 1. New Year's Day (January 1) 2. Memorial Day 3. Independence Day (July 4) 4. Labor Day 5. Thanksgiving Day 6. Christmas Day (December 25) 20 APPENDIX D Collection Rates 30 gallon/week service -Curb Garbage Service $ 7.39 Recycle $ 3.00 Tax $ .72 TOTAL $11.11 60 gallon/week service -Curb Garbage Service $11.08 Recycle $ 3.00 Tax $ 1.08 TOTAL $15.16 90 gallon/week service -Curb Garbage Service $14.12 Recycle $ 3.00 Tax $ 1.38 TOTAL $18.50 Senior Citizen's Service -Curb (In accordance with Section 15) Garbage Service $6.39 Recycle $3.00 Tax $0.62 TOTAL $10.01 21 CENTERVILLE PROPOSED RATES 30 gallon/week service -Curb Garbage Service $ 7.39 Recycle $ 3.00 Tax $ .72 TOTAL $11.11 60 gallon/week service -Curb Garbage Service $1L08 Recycle $ 3.00 Tax $ 1.08 TOTAL $I5.16 90 gallon/week service -Curb Garbage Service $14.12 Recycle $ 3.00 Tax $ 1.38 TOTAL $18.50 Senior Citizen's Service -Curb Garbage Service $6.39 Recycle $3.00 Tax $0.62 TOTAL $10.01 • Waste Management Bills residents directly. • All extras are included in the Base Rates. Yardwaste included Bag of Trash included Appliances included Bulk Items included • Carts provided by Waste Management • Recycling of Lead Acid Batteries, Motor Oil, Tires, and Scrap Metal • City provides recycle bins • City offices included • Disposal at Anoka County Elk River CIRCLE PINES PRICE COMPARISON 30 gallon/week service -Curb Garbage Service $ 6.23 Recycle $ 2.35 Tax $ .61 TOTAL $ 9.19 60 gallon/week service -Curb Garbage Service $ 6.49 Recycle $ 2.35 Tax $ 0.63 TOTAL $ 9.47 90 gallon/week service -Curb Garbage Service $ 6.75 Recycle $ 2.35 Tax $ 0.66 TOTAL $ 9.76 Senior Citizen's Service -Curb Garbage Service $ 5.92 Recycle $ 2.35 Tax $ 0.58 TOTAL $ 8.85 City pays an additional disposal fee of $38.75 Per Ton for all trash collected in Circle Pines. • City Bills residents on Utility Bills. • Residents buy stickers from City Hall for all extras $1.00 Per Sticker Yardwaste 1 Sticker Per Bag Bag of Trash 1 Sticker Per Bag Appliances 15 Stickers Per Item Bulk Items 10 Stickers Per Item • Carts Provided by Waste Management • No recycling of Lead Acid Batteries, Motor Oil, Tires, or Scrap Metal • City provides recycle bins • City Offices Included • Disposal at Anoka County Elk River 2 HAM LAKE PRICE COMPARISON 30 gallon/week service -Curb Garbage Service $ 10.26 Recycle $ Tax $ 1.00 TOTAL $ 11.26 60 gallon/week service -Curb Garbage Service $ 14.60 Recycle $ Tax $ 1.42 TOTAL $ 16.02 90 gallon/week service -Curb Garbage Service $ 19.61 Recycle $ Tax $ 1.91 TOTAL $ 21.52 20 Gallon Service -Curb Garbage Service $ 7.69 Recycle $ Tax $ 0.75 TOTAL $ 8.44 City pays for recycle service directly to Waste Management. • Ham Lake Haulers pays for Connexus Energy to bill trash service to residents • City of Ham Lake pays Ham Lake Haulers directly for recycling • Residents are billed for extras on their Connexus bill. Extras include: Yardwaste Bag of Trash Appliances Bulk Items • Carts provided by Waste Management • No recycling of Lead Acid Batteries, Motor Oil, Tires or Scrap Metal • City provides recycle bins • City offices included • Disposal at Anoka County Elk River 3 COON RAPIDS PRICE COMPARISON 30 gallon/week service -Curb Garbage Service $ 13.95 Recycle $ 4.00 Tax $ 1.36 TOTAL $ 19.31 60 gallon/week service -Curb Garbage Service $ 14.95 Recycle $ 4.00 Tax $ 1.46 TOTAL $ 20.41 90 gallon/week service -Curb Garbage Service $ 16.95 Recycle $ 4.00 Tax $ 1.65 TOTAL $ 22.60 Senior Citizen Service NOT AVAILABLE • Subscription Service. Residents choose a licensed hauler and are billed directly by that hauler • Residents are billed for extras on their bill. Extras include: Yardwaste Bag of Trash Appliances Bulk Items • Carts and recycle bins provided by Waste Management • No recycling of Lead Acid Batteries, Motor Oil, Tires or Scrap Metal • City offices are billed separately • Disposal at Anoka County Elk River 4 VADNAIS HEIGHTS PRICE COMPARISON 30 gallon/week service -Curb Garbage Service $ 8.71 Recycle $ 2.18 Tax $ 0.85 TOTAL $ 11.74 60 gallon/week service -Curb Garbage Service $ 10.30 Recycle $ 2.18 Tax $ 1.00 TOTAL $ 13.48 90 gallon/week service -Curb Garbage Service $ 12.52 Recycle $ 2.18 Tax $ 1.22 TOTAL $ 15.92 Senior Citizen Service -Curb Garbage Service $ 6:44 Recycle $ 2.18 Tax $ 0.63 TOTAL $ 9.25 • Waste Management bills residents directly • Residents are billed for extras on their bill. Extras include: Yardwaste Bag of Trash Appliances Bulk Items • Carts provided by Waste Management • No recycling of Lead Acid Batteries, Motor Oil, or Tires • City provides recycle bins • City offices included • Disposal at NSP- Newport 5 LITTLE CANADA PRICE COMPARISON 30 gallon/week service -Curb Garbage Service $ 8.55 Recycle $ 2.00 Tax $ 0.83 TOTAL $ 11.38 60 gallon/week service -Curb Garbage Service $ 10.11 Recycle $ 2.00 Tax $ 0.99 TOTAL $ 13.10 90 gallon/week service -Curb Garbage Service $ 12.30 Recycle $ 2.00 Tax $ 1.20 TOTAL $ 15.50 Senior Citizen Service -Curb (Resident buys stickers at $2.75 each plus tax and place a 30 gallon bag with sticker at the Curb Recycle $ 2.18 Per Month Tax $ 0.00 TOTAL $ 2.18 Per Month • Waste Management bills residents directly • Residents are billed for extras on their bill. Extras include: Yardwaste Bag of Trash Appliances Bulk Items • Carts provided by Waste Management • No recycling of Lead Acid Batteries, Motor Oil, Tires or Scrap Metal • City provides recycle bins • City offices included • Disposal at NSP- Newport 6 LINO LAKES PRICE COMPARISON 30 gallon/week service -Curb Garbage Service $ 13.95 Recycle $ 4.00 Tax $ 1.36 .• TOTAL $ 19.31 60 gallon/week service -Curb Garbage Service $ 14.95 Recycle $ 4.00 Tax $ L46 TOTAL $ 20.41 90 gallon/week service -Curb Garbage Service $ 16.95 Recycle $ 4.00 Tax $ 1.65 TOTAL $ 22.60 20 Gallon Service -Curb NOT AVAILABLE • Subscription Service. Residents choose a licensed hauler and are billed directly by that hauler • Residents are billed for extras on their bill. Extras include: Yardwaste Bag of Trash Appliances Bulk Items • Carts and recycle bins provided by Waste Management • No recycling of Lead Acid Batteries, Motor Oil, Tires or Scrap Metal • City offices are billed separately • Disposal at Anoka County Elk River 7 10 O CO r N L0 0 (O r 0 1 00 0 0 C) _ . 0 O M M A 0 0 •)' CO O) O (D (O N 0 > Y (h V r W Cr) r N V CD V' r C/ o IX (C r N N N N t 5 N e 2 e l W C a) c W W W W > Z W U J P N. N. 0- C. 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S CO 69 f9 W e9 Q 1 Z '— Z u Z ti Z ¢ W f a) 0 r " J J a) 0^ J J a) ^ -i J a) d 1.- -i J N F u) 629 U E ° °a < rnarnQ Q O)oO Q rnoo)a Q c 3 0 c'' O �" F F (p a F F m �' " F F a) a `� F F a a a) ) m 0 0 - d m 0 0 n a a) ) ( x a 0 0 'e m m 0 0 C - e CA CL '� -0 u i Caa F- I- I- �CC I- t- F �CC I- F - F �CL I I- F a Ymdm? m 0 > c 4 4 4 o CD a da o 0 o z °` �° V 0 to r (0o 0 N m W U rc U Son/Wrap Memo IMPwen MOWS Project Name: Fairview Avenue Client: Centerville • To: Jim March The No: 610- 99-110 Prom: Tom Peterson /° Date: 10/05/99 Re: rerouting of sanitary sewer and water main at 20th Avenue i Remarks: As you know, the utility extensions on this project have been delayed by en adjacent property owner to Royal Industrial Park. Ken Carpenter owns property that apparently was not accounted for during the platting process, and he will not allow construction to progress by the contractor, Burschville Construction. • To avoid further delays, we propose to extend the sanitary sewer and watermain as shown on the attached sketch. We need to confirm elevations in the field to verify connecting to the east side of the sanitary lift station, then turning south to Fairview Avenue. An 8" water main stub is also located near the lift station that we can use for extending water along Fairview. This will allow Burschvifle Construction to return to the site to extend utilities and not conflict with Mr. Carpenters property. The City may have to condemn the property unless Mr. Carpenter agrees to monetary compensation, which was already offered by Marcel Eibensteiner and Gerald Rehbein. BonnDroo, Ronne, AndvIIk End AnorlaSS, Ina 0 M. Paul Offaa: 0 MIMwtltn Oeta: 0 Rochester MN: 0 wane Oelea: 0 St Cloud office: 2335 Wait HIg/lway 36 1516 Writ Mequon Road 1 7" Street NE 205 6th Street SW 2008 en St. North 81. Paul. MN 55113 Mequon, WI 53082 Rochester, MN 66605 Wilmer, MN 56201 SI. C2oua, MN 56303 Phone: 651 -0364600 Phone: 2624414465 Mont 507. 2624100 PhOna :320. 2144557 Phone: 320. 2514653 Fax: 6514361311 Fax 252. 241.4861 Fax: 6074624100 Fag: 32.214 - 043s Fax: a2 - 251.6252 1 ' 10/06/99 06:24 E:03/03 N0:558 le 7 �! 1 \ ...... ...... or I nt UNE 6EC110N :4 ro 1✓ s e � I i ; t 0 pl lANL UIr STATION SM. ST. 'S{ _ 1 &� I _ [ r 0 ( i f AKA W t %6 [ _ + r .TM ! STA, 1454 ' 1 rGV.k[OX 1 A`. s'C.v.kbt YN -, 1 6 T'� Iri III"Iw� tl141 1 `/' :' laS � • �t' is -slut - ■ wl.r.. _4144...►.': ... .�� k ... '„r '� :T5! s sY YAM 1 to cUAO woo ` • we ! P at 00 1 T J 1 y ric , ! a�•.rne f' � '' 1� SAN. A ,. t� T " r aW k 60X �, ► V IVRE @ M 1r%Y (Ka I I WARM! a 96110 a l a sac ! I Pk etA. e .so I / + p srovc . c 11 4f s wC ! r p 6 A '� i r%e•a[ A. it ! I IITIIeSA. Atli 1 A 84 Inn 11E [` '. % \\ j N , oeiticr e• rue ! ""°' ear � 14 R0Y INDUSTRIAL PARK J trist • I __._....__ _.....____._J�,,.._ was N I: FAIRVIEW STREE f I I I I I I 179 I I I. ' - -. I ! I )zoi i I ! I a y. I ( I r ! .r. ir/ , 4 l6...�.e�...�— .- -44-. - ,.. l ! 1 _ i I co l 1 co 'xi TN E .-I i ' - rut ISM t7 4 ACSESO.cWArs • MV. L SALMI � 1 ; 1 : ileillalit . I 1 I . r it r .1 il . • . ; i 0 - ° ° .4 2 - 2 ill i a ; . 0+00 1.600 7+flf1 txnn .an/1 cann t.grIn MEMO DATE : October 8, 1999 TO : Honorable Mayor and Council FROM : Jim March RE : Community Wide Bonfire at Acorn Creek Park There is a community wide bonfire planned for October 23, 1999 at Acorn Creek Park after the planned playground installation from approximately 7 -9 PM. This is going to be an event to celebrate the League of MN Cities "Cities Week ". This will be an alcohol free family event. Northern Forest Products is donating scrap wood for the bonfire. We are requesting that Council waive the burning permit fee of $30 for this event. MEMO DATE: October 4, 1999 TO: Honorable Mayor Wilharber and City Council FROM: Aimee Fairbrother RE: Newsletter Funds After reviewing the Centerville Economic Development Committee 1997 meeting minutes, it was found that EDC contacted and set up an advertising/billing procedure for ads placed in the City Newsletter. In the past, local businesses have advertised in the quarterly newsletter for a fee of $25 per quarter. The money was put into the Economic Development Committee's budget originally to pay for the lighted City Sign, and has been added to the EDC's Special Revenue Fund to aid in the funding of current Economic Development Committee projects. With the implementation of the "Le Journal ", the new quarterly newsletter ads range from $25 - $40, whereas in the past EDC was retaining $25 per ad. EDC is requesting the committee maintain the present policy, retaining at least a $25 fee from each advertisement. Le Journal Advertising Prices Old Newsletter Prices lxl Advertisement = $25 1X1 advertisement = $25 1x2 Advertisement = $30 lx3 Advertisement = $40 3x1 Banner Advertisement = $50 Photo Advertisement = Additional $15 per ad City of Centerville - Page 8 Summer 1999 archery Deer Hunt Any Comments? Applications Available Designated areas in the Anoka County Rice Creek Chain Direct your newsletter comments in writing to of Lakes Regional Park Reserve near Lino Lakes will be open Ry -Chel, at 1880 Main Street, Centerville, MN 55038, for archery deer hunting from October 16th through or call 651 429 -3232. December 12th of this year. The archery deer hunt is being conducted in response to the overpopulation of deer in Rice Creek Chain of Lakes Park. • • The Anoka County Parks and Recreation Department Catch us on the web at: e estimated the deer population in the park is more than 33 deer • • per square mile. Such a large deer population is a hazard to • C e me rvi l l e m n . co m • motorists and results in significant damage to cropland and • • native vegetation in and around the park, according to Dave • or tune into channel 16 • • McCauley, Anoka County Commissioner and Chair of the • to get the most up to date c • county parks and recreation committee. • • Bow hunters who would like to participate in the • activities and information. • controlled hunt must apply for the hunt before September 3rd, • • 1999. Seventy hunters will be selected in a lottery drawing. • • • • • • • • • • • • • • • • • • • • • • • • • The selected hunters must attend a pre -hunt orientation meet- ing, purchase an Anoka County deer hunting permit and com- � �� plete an accredited bow hunter education class. In addition, 1 all hunters must have a 1999 Minnesota archery deer license. � 4,\i� Hunting will be allowed in Rice Creek Chain of Lakes "' �'C� " • .,egional Park Reserve designated areas. t Form a Partnership with... DRIVESHAFTS- CLUTCHES- MUFFLERS eeKat 7261.4494 li Ray ,gg /aP 7095 aKdW4edAFleyaaeuct, 9Ke. One Call...612- 961 -1752 1 1 Centerville, MN 55038 6719 Centerville Rd., Centerville, MN 55038 www- raydevine.com _+ Q I Auto, Trucks, 4x4's Alum. 3 General Welding m AILS R6�/VII l �'/{�A uasiw or k ,. Line Frame Straightening Suspension Rebuilding Specialists air-. �an '•. /tlr S °� Wheel Alignments Rusted Frame Repair (612) 426 -8700 (612) 653 -9938 Kelly's Korner Tim Rehbine a84 -8800 Rte!/ I�W��/ ����//1� 1 141. *few, , a ffoRT W is 7098 Centerville Road Associate Plus FwnwssmauKe "Come for the Food - -Stay for the Fun!" 7050 - 20th Avenue South Tim knows the northern suburbs! Offering selling and "Dependable Emergency Service" 653 -1469 buying Real Estate services in your neighborhood! 426 - 4233 CL ., � t Corner Express TRIO INN 1990 Main Street 7082 Centerville Road 7097. 20th Avenue South "Fast and Friendly Service" "Off Sale also available" "Custom Design for all Occasions" In Beautiful Downtown Centerville 653 -9399 426 -6608 S�nuzcom74 t5no. Centerville Pizza & Pasta ,: Performance A uto Udo P. Wegtnann 7095 - 20th Avenue South Full S ervice Au tomotive Re air 1742 Main Street Com for home P Centerville, MN 55038 or office with a Delivery available 7139 - 20th Avenue South 653 -6318 personal touch. 653 -119 426 - 8072 c /ott, cRotiu2 cS 1 ATTENTION BUSINESS OWNERS: 1 1994 North Robin Lane 1 The City would like to see area businesses advertise to the residents of 1 "Hairstyling for the Whole Family" 1 Centerville. If you would like to advertise in the city wide newsletter i Rachel Hurd 653 -3180 a. p call Ry -Chel at City Hall: 492 -3232. e our fits , Cent fr rville, MN 4 1 - 2(7e A C'z' 77 d)1 I /0)e/ )x- a6 Rate Sheet 1x1 Display Ad jttention ( Business Owners Monthly - $20 Quarterly - $25 Advertise your product and /or services to the residents of Centerville in a monthly and /or quarterly newsletter. Please call Patricia at City Hall 651/429 -3232. 1 x2 Display Ad Circulation Monthly - $25 Monthly - 800 Distributed at City Hall, Corner Express, Quarterly - $30 Kelly's, Amoco •_ Quarterly - 1,200 Mailed to Centerville residents & distrib- uted to above local businesses. Distribution locations may change without notice. 1x3 Display P y Spruce up your advertising with Monthly - $30 r' a onthly a ;photo!!! $30��. Quarterly - $40 A one -time setup fee of $15 per photo, r per ad will be in addition to the regular cost of your ad. • ` a . t ti f N , vy. 3x1 Banner Ad Monthly - $40 Quarterly - $50 MEMO DATE : October 8, 1999 TO : Honorable Mayor and Council FROM : Jim March RE : Peltier Lake Flowage Several months ago, the City received information from the St. Paul Water Utility in regards to surplus property that they were offering for sale. At the time of property announcement, we had requested additional information on two parcels. The first parcel is the property located directly across the street from LaMotte Park on Centerville Lake. The second parcel is an approximate four acre size wetland at the mouth of Clearwater Creek adjacent to Peltier Lake (please see attached map). The Saint Paul Water Utility has indicated that they do not wish to sell the first parcel at this time due to a lease that they have with a current tenant. I have expressed that the City would have interest in this property in the future. The second wetland parcel has been offered for sale at a price of $20,000. The parcel is unbuildable and would have a perpetual flooding easement over the land. My thought was that the Rice Creek Watershed District and/or City may have some interest in the property if there was a way to help treat the water prior to discharging into Peltier Lake. I have discussed this issue with Kate Drewry from the RCWD. Kate was also curious about this prospect and had their engineers examine the property. After examination it has been determined that it would not be feasible to enhance the existing wetlands to better treat the creek water prior to discharging into Peltier Lake. The RCWD has determined that they do not wish to purchase this parcel for the appraised price of $20,000. I recommend that City Council passes a motion to decline the offer to purchase the mentioned wetland. By St. Paul Water Utility policy, they have to offer the property to sale to the City prior to offering the property for sale to adjoining property owners. If the Council wishes to decline the offer to purchase the property, I will draft a letter to the appropriate parties to communicate the Council wishes. r BOARD OF WATER COMMISSIONERS JAN 2 2 1999 Michael Harris, President • Stephen Haselmann, Vice President Commissioners: Michael Arcand • Jay Benanav • Kevin Kittridge • Jim Reiter January 20, 1999 Mr. Jim March City Administrator City of Centerville 1880 Main Street Centerville, Minnesota 55038 Dear Mr. March: The Board of Water Commissioners and the City of Saint Paul recently declared certain Board owned real properties in the City of Centerville to be surplus. The Board desires to sell these properties in the near future. The Board's policy on land disposal specifies that local governmental units in which the property resides be given first opportunity to purchase surplus property; first the City or Township, followed by the County, if the City or Township declines. In keeping with this policy, please consider this correspondence an invitation to purchase any or all of the surplus property located in the City of Centerville, as shown on the attachments. The favor of a written response by February 26, 1999 would be very much appreciated. I'll follow up with a phone call next week to informally discuss the City's preliminary in intentions concerning the properties. Thank you in advance for your consideration. Sincerely • Ate- jr,LL William L. Tschida Unit Supervisor WLT /mja Attachments Qave L ir SS S oZ / 0 4 Saint Paul Water Utility Bernie R. Bullert, General Manager 8 4th Street East, St. Paul, MN 55101 -1007 ... TTY: (612) 266 -6299 The Saint Paul Water Utility provides quality water services to the following cities: Arden Hi11s.Falcon HeightssLauderdaleaLittle CanadasMaplewoodsM endota•Mendota Heights.RosevillcsSaint PauLWest St. Paul N: \CLERICAL\BTSCHIDA \LETTERS \CENTRVIS91 printed on recycled paper - - 379'r' r TO MW Graft. a 3FG 14 50 "So e4.44 • .• R • .- a il v 119 e ' a•-0[ °e • ▪ 8 y 3 � ' 'o t , o "e vrP S1a; r ,„, Dtr . N i• Imo, . e . y. c .. ; ;� ,� b a 50 t 0 ,v?.,. .,: $ ...11 , . , -r ,, • E-VI \ e , - - Mt 3 -0 , i'4 ° 'per a e 1 'RI • l ' a' O. I \ •I a m \� PE ue e : .... CIRCLE -- 1 ^ / em. 8 " n Z CO a O � s 4 a 1 7. .. jit r y o PELTIER XI CIRCLE 0 • r .Z) .. ___ 3 MAO IM - -4 > 0 \ / a h " o e n 3. Peltier Lake Flowage N� �g� Location Map .�L p I1.:.- t ea3t .' tfi-KL — r—n: October 7, 1998 N:.• / MEMO DATE: October 8, 1999 TO: Honorable Mayor and City Council FROM: Aimee Fairbrother RE: Proposed CSO Ordinance #27 Community Service Officer, Nicholas Miller has requested the City of Centerville adopt an Ordinance that would give the CSO the power to issue citations. Included is a copy of the City of Circle Pines and the City of Lexington's Ordinance in reference to this issue. Also included is the job description for a Community Service Officer. t CT ✓ one 1880 Main Street • Centerville, MN 55038 Established 1857 (651) 929 -3232 • Fax (651) 929 -8629 CITY OF CENTERVILLE COUNTY OF ANOKA STATE OF MINNESOTA PROPOSED ORDINANCE #27 AN ORDINANCE PROVIDING COMMUNITY SERVICE OFFICERS /CRIME PREVENTION OFFICERS WITH THE POWER TO ISSUE CITATIONS. The City Council of the City of Centerville ordains: 27.01 Definition of a Community Service Officer(CSO) /Crime Prevention Officer(CPO). A Community Service Officer (CSO) /Crime Prevention Officer (CPO) is an non -sworn uniformed officer that is required to work under varying conditions with different members of the Police Department and the communities. 27.02 Powers of Community Service Officers. Not withstanding anything the contrary contained in this Section, individuals employed as community service officers by the Tri - City Police Department or other entity which provides law enforcement services to the City are hereby authorized to issue citations in lieu of arrest or continued detention to persons who violate any provision o f the following sections of this Code or state statutes: City Ordinance: # 1 Garbage/Sanitation City Ordinance: # 3 Curfew Ordinance City Ordinance: # 6 Nuisances City Ordinance: #24 Animal Confinement, Licensing and Care Related to Animal Control City Ordinance: #32 Loitering City Ordinance: #36 Burning City Ordinance: #41 Public Parks City Ordinance: #49 Noise 27.03 Effective Date. This ordinance shall take effect and be enforce from and after its passage publication as provided by law. Passed by the City Council this day of , 1999. APPROVED: Mayor Wilharber ATTEST: Jim March - Administrator 08/10/98 FRI 11:14 FAT 812 784 0082 _' 44, CI' CITY HALL (¢1002 44 J ' OP ANOld STATE OF MINNESOTA ORDINANCE NO. 5 Second Series AN ORDINANCE ADDING SECTION 250 :0 TEE CITY CODE PROVIDING CDMMUNITY SERVICE O!PICERS WITH THE POWER TO ISSUE CITATIONS. The Cicy Council of the City of Circle Pines does hereby ordain: SECTION 1. The City Code of the City of Circle Pines is hereby amended by adding Section 250. SECTION 250 - COMMUNITY SERVICE OFFICERS SECTION 230.01 - POWERS: Notwithstanding anything to the contrary contained in this Code, individuals employed as community service officers by the Circle Pines - Lexington Police Department or other entity which provides law enforcement services to the City are hereby authorized to issue citations in lieu of arrest or continued detention to persons who violate any provision of the following sections of this Code or state statutes: City Code Section 320 - Animals. City Code Section 330 - Pet Shops, pet grooming shops, and animal hospitals, and prohibiting kennel operation. City Code Section 500 - Refute. City Coda Section 615 - Regulating the operation of public water during shortages, City Cede Section 700 - Nuisaneee. City Code. Section 1110 - Regulating the 'parking of motor vehicles. City Code Section 1130 - Self- propelled wheeled devices, City Code Section /220 - Requiring the numbering of buildings. Minnesota Statutes Section 169.222 - Operation of bicycles. Minnesota Statutes Section 169.34 - Prohibitions; Stopping, Parking. • - FRI 11:14 FAX 811 784 0082 CIRCLE PINES- LE2LPD,_. •.t4 CV CITY HALL WI003 '.4 _.. y rear TRn9i� :�: SdA1 .. Minnesota Statutes Section 169.346 - Parking for Physically Disabled. SECTION 2. This ordinance shall be in full force and effect from and after its passage and publication. Passed by the City Council this 13th Day of July, 1993. APPROVED: (.9 exeai Marshall N. Dahl, Mayor ATTEST: J lam mes W. Keinath, City Administ First Reading: July 13. 1993 Second Reading: Waived (SEAL) Published: CirculatinR,Pines July 29 1993 J : /10/ FRI 11:13 FAX 612 784 0082 CIRCLE PINES -.El PD + CV CITY HALL 11004 r n, SECTION 10.06. COMMUNITY SERVICE, OFFICERS. Subd. 1. Powers. Notwithstanding anything to the contrary contained in this Code, individuals employed as community service officers by the Circle Pines - Lexington Police Department or other entity which provides law enforcement services to the City are hereby authorized to issue citations in lieu of arrest or continued detention -to persons who violate any provision of the following sections of this Code of state statute: Chapter 3 Municipal Utilities, Section 3.20 Rules and Regulations Relating to Water Service Subd. 6 City Code Chapter 4 Construction Licensing City Code Chapter 8 Traffic Violations City Code Chapter 9 Parking Violations City Code Chapter 10 Public Protection and Penalties -124a- Adopted Section 10.06 Ord.493 -03 8 -19 -93 Pubiication: Circulating Pines 9 -23 -93 10/04/99 MQN 13:12 FAX 612 794 0082 CIRCLE PINES -LEI PD + ++ CV CITY HALL _WW2 • • Chapter 19 . POSITION SMARM (Continued) operator, D.A.R.E. officer, crime prevention training, evidence /property officer, and investigator. 7. May be confronted with dangerous and unpredictable situations occasionally involving armed, aggressive or otherwise dangerous individuals. Physical exertion is occasional, but often strenuous. Exposure to climate extremes is intermittent. C. WORKING CONDITIONS: 1. Physical Effort - Light to moderate 2, Physical Hazards - Minimal to moderate '..adLllyg A. POSITION SUMMARY - The Community Service Officer O Prevention Officer (CPO) is a non -sworn uniformed position. The CSO/CPO is required to work under varying conditions with different members of the Department and the communities. The CSO /CPO is responsible for providing police services not requiring a sworn officer, and providing back up office coverage when necessary. The CSO /CPO must possess a demonstrated knowledge of state statutes and local ordinances including, but not limited to, health and nuisance ordinances. The CSO /CPO coordinates the Department's Crime Prevention Program, and is responsible for developing and implementing crime prevention programs in the business district and neighborhoods. The CSO /CPO presents 'Safety programs to local schools, provides safety instruction end education to youth and community members, " Qom.completes other duties as directed. Working conditions vary with physical effort being light to moderate, physical environment fair to poor, and physical hazards minimal to moderate. May be confronted with unpredictable situations involving aggressive or possibly dangerous individuals and animals. The CSO /CPO typically has a high school diploma, is in the process of completing, or has completed, a two year degree in law enforcement, and has a Crime Prevention Certificate. The CSO /CPO typically reports to the Deputy Chief, unless otherwise directed. E. TYPICAL DUTIES 1. COMMUNITY SERVICE OFFICER: a. Animals - investigates and enforces local ordinances and state statutes relating to domestic and wild animals includ- ing, but not Limited to. dogs barking, animals running at largo, licensing, animal bites, inoculations, dead animals, injured wildlife, animal abuse, and unwanted animals. -46- 10/04/99 MON 13:12 FAX 612 794 0082 CIRCLE PINES -LEI PD . +» CV CITY HALL__ _� 00� • Chapter 19 - POSITI0N 3 GMMARIES (Continued) b. Parking - Investigates and enforces local ordinances and state statutes relating to fire lases, snowbirds, abandoned vehicles, handicap parking, and other parking complaints. c. Park Patrol - Maintains visible presence in city parks and trails and investigates and enforces local ordinances and state statutes regarding bicycling, skate boarding and in -line skating. d. Bicycles - Demonstrates the lawful and proper operation and use of bicycle safety equipment. Enforces bicycle regulations and iasues warnings and citations as necessary. Takes bicycle theft reports and maintains stolen and recovered bicycle loge. Transports found bicycles to storage facility, e. Blight Enforcement - Investigates and enforces local ordinances and state statutes relating to junk vehicles and properties. Enforces health or hazardous ordinance violations. • f. May function as advisor to Police Explorer Post, supervising approved Post functions, assisting with training and other Post - related activities. g. Miscellaneous - Typical duties include, but are no limited to, vehicle transport for repairs and warranty work, traffic control at accident scenes, fires or other locations where directed. assist with eecurity at crime scenes, handle residential and vehicle lockouts, provide motorist aid, assist with vehicle impounds and inventories, perform house chocks, serve subpoenas and other legal documents, perform vehicle checks for equipment warnings, assist with missing children or vulnerable adults, perform fingerprinting, assist clerical staff as directed, enforce water bans when activated, transport evidence as requested, investigate possible traffic hazards, handle found and abandoned property, attempt to locate property owners, prepare and assist in Department's property auctions, deliver Commission packets, maintain Department property room, and perform other duties as assigned. 2. CRLME PREVENTION OFFICER: a. Work with existing Neighborhood Crime Watch groups and develop new groups. b. Write regular column /feature for cities' newsletters and - 47 - 10i01i99 HON 13:13 FAX 612 784 0082 CIRCLE PINES -LEX PD » ». CV CITY HALL fb00a • Chapter 19 - POSITION SUMMARIES (Continued) Neighborhood Crime Watch Newsletters. c. Participate with crime watch groups in National Nite Out. d. Represent Department as participant in appropriate professional organizations. e. Provide instruction and education on safety programs to local schools. f. Inform and educate the public in the following areas including, but tot limited to, biaycle....,safety,;.;.tours of Department, safety seminars at -local—shopping centers, McGruff House, Safety Camp, Operation ID, and CAT Program. g. Assist officers with COP projects. h. Maintain files on bicycle licenses and business owner /key holder information. i. Provide "trouble shooting" assistance for neighborhood crime problems and work on resolution of the same. j. Performs such other duties as may be assigned. C. WORKING CONDITIONS: 1. Physical Effort - Light to moderate 2. Physical Hazards - Minimal to moderate 3. May be confronted with unpredictable situations involving aggressive or possibly dangerous individuals. Section 7 - ADMINISTRATIVE SECRETARY (Secretary A): A. POEiTION SUMMARY - The Administrative Secretary for police, under the direction of the Chief, is responsible for providing secretarial support to the Chief and other members of the Department. Typically, this position reports to the Chief. The duties of the position include, but are not limited to, composing and preparing correspondence and reports, insuring completion of assigned tasks, coordinating meetings and schedules, researching and documents responding forms, inquiries, transcribing and preparing correspondence, and performing other assigned duties. Responsible for ensuring compliance with all rules and regulations -48 - • MEMO DATE : October 8, 1999 TO : Honorable Mayor and Council FROM : Jim March RE : Tax Increase Resolution - 99 -13 A law was passed this year that requires Cities to pass a resolution and file the resolution with Anoka County if the City intends to levy an amount higher than the amount that was levied the previous year. Due to our community growth and increasing tax base, Centerville has the ability to increase the levy amount without creating a higher tax rate than what was in existence last year. In my discussions with the Anoka County Property Tax Division, they expect to receive a resolution from every community in Anoka County. I would recommend that this resolution be approved so that we are in compliance with the new law. CITY OF CENTERVILLE ANOKA COUNTY, MINNESOTA RESOLUTION 99 -13 APPROVING THE TAX RATE INCREASE WHEREAS, the State of Minnesota has enacted Chapter 243, Laws of Minnesota 1999, Article 6, Section 2 requiring municipal governments to have adopted and filed an authorizing resolution if its municipality tax rate turns out to be higher the following year than a theoretical tax rate for the previous year under the law; and WHEREAS, there are numerous factors that are beyond the control of the City Council that can potentially cause tax rates to rise. WHEREAS, because of these outside factors beyond control, the City of Centerville may need to have a higher tax rate for the following year, and if the tax rate has to go up, the City of Centerville wishes to be in compliance with the law with an authorizing resolution being filed with Anoka County; and NOW THEREFORE, BE IT RESOLVED that if the tax rate of the City of Centerville for the year 2000 is higher than the tax rate certified by the City of Centerville under clause (3) of Section 2, Article 6, Chapter 243, Laws of Minnesota 1999, the higher tax rate is hereby authorized by the City of Centerville City Council. BE IT FURTHER RESOLVED that an official copy of this adopted resolution be filed with the Anoka County Auditor, who for purposes of this law in Anoka County is the Division Manager of Property Records and Taxation. Adopted by the Centerville City Council this 13 day of October, 1999. Tom Wilharber, Mayor ATTEST: Diane F. Ward, City Clerk • MEMO DATE: September 30, 1999 TO: Honorable Mayor and City Council FROM: Aimee Fairbrother RE: Recommendation of new members The Economic Development Committee would like to recommend the City Council appoint Betsy Sheller and Michelle Moser to the EDC committee, in order to fill the two open vacancies. Both candidates have attended an interview, an Economic Development Committee meeting as well as a Design Team Follow up meeting. �-° AUG 2 5 1999 August 24, 1999 Economic Development Committee City of Centerville 1880 Main Street Centerville, MN 55038 Dear Economic Development Committee, I am responding to your advertisement at City Hall for committee members. We recently moved here to our first home and I am interested in getting involved in the community and making it the perfect place for myself and others to live and raise our families. for Hendrickson, firm in Vadnais Sh Elliott, ll' tt Hendrickson Inc a multi-disciplined I am a project engineer for . ort E to p Heights. I work in the Municipal Engineering department and have experience working with city staff and developers on a variety of different projects. I feel that being in this field of work makes me a good candidate for this committee, being that the main interest in many projects is the development of the communities. I hope that you will consider me as a candidate for your committee as you continue your search. Please feel free to contact me at work at 490 -2032 or at home at 407 -1882 with any further questions that you may have. Sincerely, Michelle Moser - 068 COTTONWOOD COURT CENTERVILLE, MN 55038 9/13/99 To Economic Development Member Search Committee, I am writing in response to your advertisement for additional members for the Centerville's Economic Development Committee. My husband and I have owned a home in Centerville for the past four years and are parents of a student at Centerville Elementary. I see value in contributing to the community I live in and have been waiting for an opportunity for involvement that would utilize my skills, interest and experience. My experience consists of twelve years of employment working with management and labor. In my position as an Employment Counselor for Ramsey County my interests and job duty is in serving the needs of my two customers employers and job seekers. In that role I have facilitated and developed training for both customers in such topics as self - management techniques, problem solving, conflict resolution, and career development. I have also been directly involved; in labor management negotiations, mergers, reorganization and down - sizing of large to small companies, recruitment and retainment of exempt and non - exempt employees. I have a working knowledge of employment law and human resource needs. The customers who have accessed our services have utilized Federal, State, County, local government and community funds. I am familiar with and understand the importance of accessing funding for development. Having served on several committees and projects in my career, often these undertakings have been innovative and have resulted in better services for employers, job seekers, and the community. While involved I demonstrated dedication, energy and professionalism. It is my desire to serve in the same fashion to the City of Centerville. I do not have predetermined ideas of how to meet all of the economic needs of our community, but would promise to bring the creativity, dedication, enthusiasm and workforce knowledge 1 offer to my current and past endeavors. Please feel free to contact me at work or at home if you would like further explanation or clarification of my background or interest to serve. Thank you in advance for considering this request to be a formal participant in the economical growth of Centerville. Sinoerelv. `e /4-- Betsy icheller (651) 653 -9846 Home (651) 779-5279 Work MEMORANDUM DATE: October 8, 1999 TO: Honorable May or and Council FROM: Jiff Lien, Teresa Bender, Aimee Fairbrother and Diane Ward RE: Holiday Party We are requesting approval from City Council for the City to pay for or the Staff s dinners at Decoys Restaurant on December 11 We are Cooking for approval of up to $350.00 which. wilt include appetizers. We are also requesting approval of a budget not to exceed $500.00 for decorations for the Holiday Party /Award Presentation being held at Kelly's Kanter at 7:00 p.m. the same evening. Thank You!! SEP2 9 1999 September 25, 1999 Waste Management - Blaine P.O. Box 9001182 Louisville, KY 40290 -1182 RE: Invoice # 0500 - 0104429 Dear Sirs: I recently moved to Centerville, Minnesta. In the three months I have lived here, I have read how pour the service from Waste Management has been. Now I can say that I have experienced problems with your company as well. In hopes of expediting a solution to this problem, I am also sending a copy of this letter and attachments to the City of Centerville, and to Waste Management - Blaine - Circle Pines, Minnesota address on my invoice. There are two problems with the attached invoice. Problem number one involves not acknowledging the payment I made in June for garbage service. I have attached a copy of my canceled check and invoice statement from that service period. Problem number two involves billing me $27.87 for a 90 gallon abatement when I only have a 30 gallon curbside can. On receipt of the original invoice in June, I contacted the City of Centerville who agreed that I should be charged for a 30 gallon abatement, I then contacted your local office and obtained the price of $16.02 for 30 gallon abatement(I believe the individual I spoke with Ron Geersdorf). As you can see I have deducted $11.85 from by bill to reflect this change. I wou eciat- :h1 immediate attention in addressing these matters. Ole Mersinger 6936 Tourville Circ - Centerville, Minnesota 55038 Acct# 500 -59286 cc: City of Centerville Waste Management - Blaine, Circle Pines, Minnesota INVOICE Invoice #: 0500 - 0079568 W Page # : 1 Account #: 500 -59286 OLE MERSINGER WASTE MANAGEMENT •BLAINE 6936 TOURVILLE CIR � `�� CENTERVILLE MN 55038 -9759 ki Crea4 Service Period Description: JUN— JUL —AUG 1999 0500- 0079568 6/01/99 Date Service Description Amount DEBIT BILLING ADJUSTMENT .92 DEBIT BILLING ADJUSTMENT 1. DEBIT BILLING ADJUSTMENT . 26 RESID TAX ADJ - MN SWM TAX .09 Service For: 1.00 CENTERVILLE 30 GAL CURBSIDE 21.15 —16 OZ 1.00 CENTERVILLE 90 GAL ABATEMENT 27.87 1.00 RECYCLING CREDIT — CENTERVILLE 6.00 — SOLID WASTE MANAGEMENT TAX 2.06 Total This Invoice 47.56 Total Account Balance $47.56 Terms : Net 10 Days Waste Management - Blaine • PO Box 9 • Circle Pines MN 55014 -0009 (612) 890 -1100 (612) 783 -5477 Fax PLEASE DETACH HERE AND RETURN BOTTOM PORTION WITH YOUR PAYMENT 4 } r 1 1'L.,�.r „+ —.1- a S. —N t \2 I,b � ;v 1 I g a I � aI . �Y ,4 a Y 3 L YS • ' i .c-i. IC Y 4 I ., ' ■ y y: , ,a -c... - fa' SLLa�L + i1 . ` A'Fb 1 ; ' ■ ::41:.:;:v ° r' r a , ,MER$ Nl a,` ^ 1 . k)s ' 1 < t - ; , 7 - 26-1- ? i „,t44.'”- % = r 1 , t ,a ` f ! r� 23'29 QTH.,AVE,r 30x1$Y 17 1 i" . ., - ` <P 11L N 5709 4 � f � 1" �� � ^ / ` s 1 " a 4, � 'v 8; rt t t y W z Ys F 7 � t pAr n M 0.--5- " 4 , , V -- /._ _ g I ron sonar • A $ . TCF NA IQN/!L BAN MINNESOTA a 'A t LL "QS4J ` i •)*Ti r o t . 660 MALL GEgMAIN �f r 1 a" �,• ' Foe 9ast6 :t 1.29 LO 7000 LI: 82&8003 - :436 ; 1 . 000000 3 5 7 , :'. ' i:: ] t ` z r td 1 ' a f7 l - . x ✓ � r r>+ i . i Y z , ' Y ,' . r.. a As t J a.. j{ � , • 1 ''..).'1::: 1.- . 7 9 t ' � I1 A :a e :, d 1 �7 ! ?3 ��r4 , t1� � K-;,‘ r. r " t; fld �.�rY4 Th'fi s,? ^ ;i f' ' ..'4 i jl,a:. �' ' Li: t i`d5 , . ;r i; r it i 1 � i , . j .}' iS:. IRMA Invoice Invoice #: 0500 - 0104429 WASTE MANAGEMENT - BLAINE OLE MERSINGER Page # : 1 6E3 6 TOURVILLE 5IR Account #: 500 -59286 C ENT ERVRV I LL EE MN 55038 -9759 Service Period Description: SEPT- OCT -NOV 1999 0500- 0104429 9/01/99 Date Service Description Amount Service Location 6936 TOURVILLE CIR Service For: 1.00 CENTERVILLE 30 GAL CURBSIDE 21.15 1.00 CENTERVILLE 90 GAL ABATEMENT -2-7-:-8 /6.0a 1, 00 RECYCLING CREDIT - CENTERVILLE 6.00 - SOLID WASTE MANAGEMENT TAX 2.06 Total This Invoice 45.08 Balance forward 47.56 Total Account Balance 592,64 Terms : Net 10 Days Waste Management - Blaine • PO Box 9 • Circle Pines MN 55014 -0009 (612) 890 -1100 (612) 783 -5477 Fax PLEASE DETACH HERE AND RETURN BOTTOM PORTION WITH YOUR PAYMENT WWI Date Invoice # Balance Due Amount Paid 09/01/99 0500- 0104429 92.64 ag WASTE MANAGEMENT - BLAINE PO Box 9 (612) 890 -1100 Check # Circle Pines MN 55014-0009 (612) 783 -5477 Fax / ' Z Z 05005000059286001044290000000450800000009264 7 PLEASE REMIT TO 500 -59286 WASTE MANAGEMENT * *AUTO CR * * * * * * * * * * * * * * * * ** * *R -006 BLAINE MN OLE MERSINGER PO 80X9001182 6936 TOURVILLE CIR CENTERVILLE MN 55038 -9759 LOUISVILLE KY 40290-1 182 11111111nn1111111111111111111111111111111111616 1111Ld111 1111111111111 111611111111111111111111111111111111111111 NOT AP P,V CITY OF CENTERVILLE PLANNING AND ZONING COMMISSION SEPTEMBER 7, 1999 Pursuant to due call and notice thereof, the Planning and Zoning Commission of the City of Centerville held its regularly scheduled meeting at City Hall, 1880 Main Street. PRESENT: Commission member Brian Hanson Commission member Al LaMotte Commission member Ray DeVine Commission member Rob Sheppard Commission member David Kilian Commission member John McLean ABSENT: Kathy Welk STAFF: City Administrator, Jim March Staff Liaison, Aimee Fairbrother Council Liaison Linda Brousarrd Vickers CALL TO ORDER Mr. LaMotte called the meeting to order at 6:40 p.m. OPENING The oath of office was administered by Mr. March, to the following new members of the Planning and Zoning Commission: Ray DeVine, David Kilian, John McLean and Rob Sheppard. PUBLIC HEARING(S) APPEARANCES NEW BUSINESS Animal Ordinance Review The Commission reviewed the Animal Ordinance, incorporating changes agreed upon by the Page 1 of 3 Commission. Refer to Revised Animal Ordinance for specific additions and changes. Motion by Mr. Hanson, seconded by Mr. Sheppard to make the noted changes to the Animal Ordinance as a recommendation to City Council, providing changes are reviewed and approved by the City Attorney, and the Chief of Police. All in favor. Motion carried unanimously. Firearm Ordinance Review The Commission discussed briefly sections of the current Firearm Ordinance, resulting in tabling the agenda item, and requesting copies of neighboring Cities Firearm Ordinances for further review at the October Planning and Zoning meeting. Motion by Mr. Hanson seconded by Mr. Kilian to table the Firearm Ordinance. All in favor. Motion carried unanimously. Ordinance # 4 Review Mr. March updated the Commission on research previously conducted this year in reference to Ordinance #4. Mr. March indicated Dean Johnson from Resource Strategies had been working with the Commission on Ordinance #4, specifically dealing with, but not limited to the following issues: ► Driveway Width ► Lot sizes and zoning criteria ► Set backs in the downtown area ► Detached garages Mr. March informed the Commission that there are property owners that are waiting to hear how this Ordinance will be revised, so they can find out how large of a detached garage or outbuilding they can build. Mr. March stated the City attorney did not advise the Commission to approve variances on these properties. It was recommended the new Commission members review the proposed Ordinance #4 provided by Mr. Johnson. The Commission tabled the discussion upon further review of the proposed Ordinance. Motion by Mr. Hanson, seconded by Mr. Kilian to table Ordinance #4 discussion. All in favor. Motion carried unanimously. Eibensteiner Building Keith Eibensteiner of Royal Oaks Realty presented a proposed building plan for the middle lot located in the Royal Industrial Park. Mr. Eibensteiner indicated Royal Oaks Realty has developed five lots on a cul -de -sac in the Industrial Park, and stated the company's intention is to develop a tenant leased business complex incorporating the same theme within the business park. The initial Page 2 of 3 building being proposed is 11,800 square feet, and exceeds the minimum lot and building size per City Ordinance, Although the two to four available spots have not yet been leased, the proposed building will be able to accommodate businesses on the first and second floor of the building. The proposed building has four overhead drive in doors with a double loading dock that could be split into four separate bays. The proposed site also included twelve parking stalls in the front of the building, along with a row of parking on the side of the building. A question on the state required handicap stalls was addressed, and noted as a contingency on the site. Mr. March explained that normally in the past, the Planning and Zoning Commission would discuss the impact of the building on the City, including the effect on the tax base. Mr. March indicated that prior to his administration, the City had a checklist incorporating different requirements that needed to be addressed and met by the developer before acceptance of the plan. Mr. March indicated a revised checklist is currently being drafted, and named protection for City Staff as well as the Developer as a major benefit of the checklist procedure. Council member Vickers added the job of the Planning and Zoning Commission at this point would be to determine if the building type and style was appropriate for the City, and if the building meets the requirements of the City Zoning Ordinance. The Commission should then make a motion to City Council with their recommendation based on discussed contingencies. Motion by Mr. Hanson, seconded by Mr. DeVine to recommend City Council approve the Eibensteiner building plans contingent on the review and approval of the Citv Attorney, City Engineer and Chief of Police. alon wg ith providing evidence that drainage and ADA requirements have been met. All in favor. Motion carried. CONSIDERATION OF MINUTES August 7, 1999 Planning and Zoning Minutes Motion by Mr. DeVine, seconded by Mr. Kilian to approve the August 3. 1999 Planning and Zoning meeting minutes. All in favor. Motion carried ADJOURN Motion by Mr. LaMotte seconded by Mr. Hanson to adjourn the August 3. 1999 Planning and Zoning meeting at 7:30 p.m. Motion carried unanimously. Respectfully Submitted, Aimee Fairbrother Staff Liaison Page 3 of 3 1 C : ' 1 to vitae 1880 Main Street • Centerville, 94N 55038 `FStA6�15�G2[f 187 (651) 429 -3232 • !a& (651) 429 -8629 September 28, 1999 Mr. Bob Hathaway 7060 Cottonwood Court Centerville, MN 55038 To Whom It May Concern: The City has received a complaint in regards to a trailer being parked in your front yard for an extended period of time. This is in violation of City ordinance. City Ordinance states that such an item shall not be parked or stored for more than seven (7) days on any residential lot except in a carport or enclosed building or in a side or rear yard. Your prompt attention to this matter is appreciated. ,(310 .. 4.:k., Sincerely, 44 1 im March City Administrator cc. City Council Cie- tervttte 1880 Main Street • Centerville, o%tiv 55038 Established 1857 (651) 429 -3232 • Fax (651) 429 -8629 September 28, 1999 Mr. Joseph Steele or Current Resident 6926 Sumac Court Centerville, MN 55038 To Whom It May Concern: The City has received a complaint in regards to a boat and a snowmobile on a trailer being parked in your front yard for an extended period of time. This is in violation of City ordinance. City Ordinance states that said items shall not be parked or stored for more than seven (7) days on any residential lot except in a carport or enclosed building or in a side or rear yard. Your prompt attention to this matter is appreciated. Sincerely, Tun March City Administrator cc. City Council E t erviCCe 1880 Main Street • Centerville, Ma( 55038 Established 1857 (651) 429-3232 • 7aY (651) 429 -8629 September 28, 1999 Mr. Tom Olson or Current Resident 7261 Main Street Centerville, MN 55038 To Whom It May Concern: The City has received a complaint in regards to your yard being a nuisance within the City of Centerville. This is in violation of City Ordinance. City Ordinance prohibits accumulations of tin cans, bottles, trash, ashes or debris of any nature or description. Your prompt attention to this matter is appreciated. Sincerely, v c im March City Administrator cc. City Council