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HomeMy WebLinkAbout2000-12-13 Packet , ■ CITY COUNCIL AGENDA . WEDNESDAY, DECEMBER 13, 2000 • t ' , , C r r 6:00 P.M. • I. CALL TO ORDER 1. Roll Call II. SET AGENDA III. PUBLIC HEARING (S) IV. APPEARANCES /AWARDS V. CONSIDERATION OF MINUTES 1. November 20, 2000 Meeting Minutes VI. PAYMENT OF CLAIMS 1. The City of Centerville November 21, through December 13, 2000 2. Centennial Fire District Expenses VII. PETITIONS AND COMPLAINTS VIII. UNFINISHED BUSINESS IX. NEW BUSINESS 1. Ground Development Revised PUD Request — Pheasant Marsh 2. Lloyd Drilling (Rezone -1873 Main Street) 3. Annual Contract Renewals a. 2000 Audit Contract (ABDO, ABDO, Eick & Meyers) b. Joint Powers Agreement (Trail — Anoka County) c. Siren Maintenance (Embedded Systems) d. Animal Control (Otter Lake) e. Minute Taking (Time Savers) f. Public Works Staff/Union Agreement 4. Hasiak Building Permit 5. Public Works Building Signage (7087 — 20 Avenue South) 6. Turcotte Purchase Agreement and St. Genevieve Property Appraisal X. CONSENT AGENDA XI. COMMITTEE REPORTS XII. ADMINISTRATOR'S REPORT 1. Centennial Lakes Police Department's use of the Public Works Site (1694 Sorel) XIII. ADJOURNMENT ti CITY OF CENTERVILLE CITY COUNCIL MEETING NOVEMBER 20, 2000 i 6:00 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly sched A meeting on November 20, 2000, at City Hall, 1880 Main Street. F` i , I PRESENT: Mayor Tom Wilharber 1 t \ r! 1 I Council Member Dick Travis �� f i I ■ Council Member Terry Sweeney [ Council Member Linda Broussard Vickers \ It 1 , / ( �, , Council Member Mari Nelson j \ t [ i ABSENT: None. �I : j I I F �� G � 4 1 r iri 1 ' , I • STAFF: City Administrato elli March k i 14 , ' , .1.•' City Engineer, To f`1,4'..11,- „ terson , I If T i ' k 1 h Public Works Dinkeivi, Pau `tl�� of I 4 1 n I " I. CALL TO O f ° ]i ER � i C I k 4iyor Wilh �.4tot.icalled,i i I�ttV IP1 'il 3 I.0 I Co cil meeting to order at 6:00 o u. ( I _ 4 ' r 1 I r I , i I r IIj uev� t,` ' I E r ∎ F et u sted t : 141 - pry y . ' ,eye a.' license renewals and bids for interior wall � � s ii „s a d und: li 1 . ■ � ' I `a i t i7 ' L. ,4r' ell M • L e s nded b Council Member Nelson to lSa ili Y 1 da aLL 7 ende L; k or. Motion carried unanimousl . 1 1 r---4 i 4- 4 v t " � I -� 'L S III ,, J, ��i4Ed,, ) 1 i \ 1 � I ; I r P L .%v � • CES /AWARDS k, r ne. "� CONSIDERATION OF MINUTES 1. November 8, 2000 Meeting Minutes Page 1 of 9 Council Member Sweeney requested that on Page 3 the reference to "Sweeney noted received complaint concerning road closure" "Travis". changed to Travis . Council Member Travis requested on Page 7 a change from "outlet" to "outlay ". Motion by Council Member Sweeney, seconded by Council Member Travis to approve the November 8, 2000, City Council Meeting Minutes with the noted changes. Council Member Nelson abstained. Motion carried. VI. PAYMENT OF CLAIMS The City of Centerville November 9, through November 20, 2000 Motion by Council Member Sweeney, seconded by Council Member Travis to approve the expenditures for the City from November 9, 2000 through November 20, 2000. All in favor. Motion carried unanimously. Centennial Fire District Expenses Motion by Council Member Nelson, seconded by Council Member Broussard Vickers to approve the Centennial Fire District expenditures in the amount of $27,844.21. All in favor. Motion carried unanimously. Council Member Sweeney clarified the $12,000 common area expense for the Centennial Fire District and stated that the common area is used for training at Station #2 in Lino Lakes. Council Member Sweeney explained that there is an agreement in place that the cost of the common area room be divided among the cities. Pay Estimate #3 — Hunter's Crossing Mr. Peterson indicated this is Pay Estimate #3 for Hunter's Crossing. The sanitary sewer and water main have been installed and tested by Northdale Construction, along Centerville Road and throughout the development. Street construction is complete for the 2000 construction season and restoration work is ongoing. Motion by Council Member Sweeney, seconded by Council Member Travis to approve Pay Estimate #3 for Hunter's Crossing in the amount of $52,122.65. All in favor. Motion carried unanimously. Pay Estimate #2 — Lift Station #2 Mr. Peterson indicated Pay Estimate #2 for Lift Station #2 is primarily for the force main replacement which was added to Penn Contracting's contract as a change order. Motion by Council Member Broussard Vickers, seconded by Council Member Sweeney to approve Pay Estimate #2 for Lift Station #2 in the amount of $63,550.93. All in favor. Motion carried unanimously. Page 2 of 9 VII. PETITIONS AND COMPLAINTS Mr. March stated that he had heard several rumors concerning the City Council's approval of expenditures to update City Hall. Mr. March explained that the quote was for $50,928.00 which includes new paint, new carpet, all new office furniture, a new copier, and a new telephone system. The City Council has also approved the furring out of the outside office walls as they radiate cold air and make for an uncomfortable working environment. Those bids will be presented later in the meeting. Mr. March clarified that there is extra capital to be used for this project because there have been several projects that funds were budgeted for that were not approved or not acted upon. There were funds budgeted for this project at one point and then the upgrade was voted down. Mr. March noted that if Council deemed fit they have the ability to lower the tax levy. He then invited residents to either call City Hall to express their opinions or to attend the Truth in Taxation Hearing scheduled for December 4, 2000 at 6:00 p.m. Council Member Sweeney stated that he had been personally questioned concerning the City Hall upgrade at a business in town. Council Member Sweeney stated that he had given the person the exact dollar amounts. Despite having the correct facts, Council Member Sweeney later learned that this person had conveyed incorrect facts to another resident, thereby perpetuating the negative rumors concerning the update. Council Member Sweeney stated that the original quotes for the various components of the upgrade had been obtained several months prior to presentation at the November 8, 2000 City Council Meeting. To indicate, as residents have, that this was a politically motivated agenda item is inappropriate and he feels personally attacked. Council Member Sweeney noted he believed that Council has acted fiscally responsibly during the course of their tenure. Council Member Sweeney stated that there may be other ways to expend the extra capital, but he feels the update to City Hall is justified and appropriate at this time. Council Member Nelson indicated she had originally voted to keep the tax levy the same as citizens had told her they liked the way things were. She indicated she had a question as to whether a possible buildout of more offices in City Hall or a possible expansion to City Hall had been considered in the current plans for the upgrade. Mr. March explained to her previously that the upgrade would not be a waste of money should a major change to City Hall occur. Having this information from Mr. March she feels comfortable with approving the updates to City Hall. Council Member Travis stated that he was at City Hall on election night waiting for the results and City Hall was crowded and after spending the entire evening there it was clear to him that City Hall needs the proposed updates. He then invited residents to come to City Hall and look around. The upgrades are long overdue and he feels most of the items on the list are a simple matter of maintenance to the building. Page 3 of 9 Mayor Wilharber stated that he was surprised that anyone would say that approval of the update for City Hall was politically motivated. He indicated staff came to the new building in 1992 and brought along all of the old furniture and equipment. There has not been anything new added over the course of the last eight years. Any equipment or furniture has been obtained through hand -me -downs or governmental surplus sales. It is time for a proper update of furniture and equipment for City Hall. The other items such as paint and carpet are simply a matter of maintenance for the building. Mayor Wilharber also indicated that with the exception of Council Member Nelson not one other Council Member had received a call concerning the matter. He invited residents to come to the meetings and/or contact City Hall to express their opinions. He has no problem recommending approval of this expenditure. Motion by Mayor Wilharber, seconded by Council Member Nelson to approve the submitted bid from R.J. Sheppard Construction in the amount of $3,340.00 for the furring out, insulating, and running of electrical outlets along the outside block walls within the office area of City Hall. Council Member Broussard Vickers abstained. Motion carried. Council Member Sweeney stated that the bid for painting may need to be adjusted to take into account the new sheetrock as it will absorb more paint. City Attorney Hoeft stated that any additional amounts for painting may be approved in the future as a change order. Council Member Nelson stated that she had received a complaint from a mother concerning the ice rink in her neighborhood and questionable activity. This mother believes it to be drug related. The mother has requested that Council set -up police patrol on this area. Mayor Wilharber stated he would pass the information on to the police department. Mayor Wilharber read a letter from Ms. Monica Travis in support of the Pheasant Marsh development. She feels the development would be an asset to the community while expanding the tax base. VIII. UNFINISHED BUSINESS None. IX. NEW BUSINESS Schlavin Variance Request - Sign Mr. March stated that Mr. Schlavin had requested a variance to install a 4x6 illuminated business sign. Current ordinance allows a two square foot sign as Mr. Schlavin is currently governed under the home -based business ordinance. This item was presented to the Planning and Zoning Commission on November 14, 2000 and the Planning and Zoning Commission voted unanimously to deny the request due to the fact that the request did not meet the four criteria for granting a variance. The Planning and Zoning Commission invited Mr. Schlavin to attend the workshops scheduled to discuss the Page 4 of 9 changes to the sign ordinance. They also requested he bring tax information to the meeting as he had indicated at the meeting he was being taxed commercially for that part of the structure being used for his business. Motion by Council Member Nelson, seconded by Council Member Broussard Vickers to deny the Schlavin variance request. Nelson, Sweeney, Travis and Broussard Vickers - aye, Mayor Wilharber - nay. Motion carried. Council Member Travis questioned whether the Planning and Zoning Commission intended to change the sign ordinance to allow for a larger sign for businesses located in a mostly commercial area or on a county road. Council Member Broussard Vickers stated that the Planning and Zoning Commission is revisiting the issue at their workshop and had invited Mr. Schlavin to help them with the decision making process. It was the consensus of the Committee that provisions needed to be made to allow larger signs for home -based businesses located in a mainly commercial district or on a county road. Mayor Wilharber questioned whether there are other home -based businesses in the community being taxed commercially. Mr. March indicated he did not have the information readily accessible. Mayor Wilharber stated that home -based businesses take away from the business tax base for the City. Mr. March stated that the City tried to address the issue of providing for home -based businesses while not taking away tax base from the City during the rewriting of Ordinance #4. Mr. March also stated a need for constraints for the home -based businesses while still allowing them to operate within the City. Ground Development — Pheasant Marsh PUD Mr. Terry Hannah, Ground Development, submitted information to the Planning and Zoning Commission at the November 14, 2000 meeting. The proposed PUD requests an eighty -eight (88) lot subdivision. The Planning and Zoning Commission voted to deny approval of the PUD based on the fact that the plat did not meet the minimum requirements for a PUD. The primary reason for denial was the plan did not contain a minimum of 20% common open space. The developer had shown a 21.7% open space area but same consisted of rear yards and other private areas. The developer has since resubmitted a revised plat and request for PUD. The revised plat is reported to contain seventy-eight (78) lots and allow for the required common open space. Staff and the Planning and Zoning Commission recommend the PUD request be denied. Motion by Council Member Sweeney, seconded by Council Member Nelson to deny approval of the submitted Pheasant Marsh PUD as recommended by Planning and Zoning Commission. All in favor. Motion carried unanimously. Council Member Travis questioned whether the PUD in the Council packet was the same as reviewed by the Planning and Zoning Commission or if it was the revised plan. Mr. March indicated it was the same plat as reviewed by the Planning and Zoning Commission. Page 5 of 9 • Mr. DeVine, a member of the audience and Planning and Zoning, questioned whether the revised plat was for a PUD or for R -2 zoning as the developer had indicated he would resubmit to reflect R -2 zoning. Mr. March stated that the developer had changed his mind in regards to R -2 zoning and submitted a revised plat for PUD. Council Member Broussard Vickers indicated her desire to have staff obtain information on the school boundaries and the MUSA Comprehensive Plan for the City of Lino Lakes. Council Member Broussard Vickers stated that she would like Council to review the information and discuss plans to coordinate development with the City of Lino Lakes so that Centerville is not negatively impacted by having a large number of children from outside of the City boundaries attending Centerville schools. Mayor Wilharber proposed having a joint meeting with the school district and the City of Lino lakes concerning development and its impact on the school district. Council Member Broussard Vickers stated that the Comprehensive Plan has been available for three (3) years and the school district should not have been surprised by the proposed Pheasant Marsh development. Council Member Broussard Vickers stated that she would like to get the information concerning the school boundaries and MUSA plans for the City of Lino Lakes prior to the joint meeting. Mr. March stated that residents of Centerville along with the City Council need to have a strong voice when the school boundaries are redrawn. The oldest schools have the highest density. Council Member Sweeney stated that there are temporary classrooms at the school that have been there for several years. The library has also been converted to classrooms that do not have doors which is very distracting. The issue of overcrowding needs to be addressed to provide a quality education for the children of Centerville. Mayor Wilharber stated that all one needs to do is to speak with teachers and administrators at the schools to understand why enrollment is high. Parents want their children to go to Centerville schools. He took issue with an article in the Quad Community Press that stated older people and people with no children typically vote against the school bond issues. Mayor Wilharber stated that he, his wife, and his elderly mother all voted in favor of the school bond as children are the future and it is very important to provide a quality education for them. Council Member Sweeney stated that the City needed to look at this issue carefully to ensure that Centerville is not negatively impacted due to growth in the City of Lino Lakes and that growth's affect on the school district. Council Member Broussard Vickers indicated there were residents who were unhappy with the traffic the new development would bring. There was one resident who was upset and surprised that there would be a trail running along his property line. He was under the impression that the undeveloped area next to his property was a nature area. There were comments from those concerned for the impact on the school district. There was also a concern for the driveways of two (2) residents to the north of the development. Mayor Wilharber questioned how those two (2) residents currently access their property. Council Member Broussard Vickers indicated one (1) of the residents had indicated he Page 6 of 9 had an easement but the developer has been unable to locate any information on the easement. Council Member Sweeney q uestioned if that area was the easement area for the sewer force main. Council Member Broussard Vickers stated she believed so. Council Member Broussard Vickers stated that approval of any plan from the developer was contingent upon approval of a MUSA line swap. Mr. March stated that he did receive a call from one (1) property owner adjacent to the proposed development who had questions concerning the development but was very open to the development coming to town. Council Member Broussard Vickers stated that one (1) resident expressed concern for a park located in the development to accommodate children who now have to cross Main Street to go to the park. Council Member Sweeney stated that the Parks and Recreation Committee had mentioned having the developer mitigate a portion of the wetland located on the east side of the development for a small park to be added onto should the property to the south develop in the future. Consensus was to invite the Superintendent of Schools to a future Council meeting to discuss development in Centerville and its impact on Centerville's schools. Holiday Celebration — Request for Funding Mayor Wilharber questioned as to the dollar amount expended for last year's celebration. Mr. March indicated it was $796.38. Council Member Sweeney questioned whether the approval was for "not to exceed" $850.00, meaning the party may not cost $850.00. Mr. March concurred. Motion by Council Member Nelson to approve $800.00 for the holiday celebration. The motion died for lack of a second. Motion by Council Member Travis, seconded by Council Member Broussard Vickers to approve $850.00 for the holiday celebration. Sweeney, Travis, Broussard Vickers and Wilharber — aye, Nelson - nay. Motion carried. Liquor and Tobacco License Renewals Mr. March submitted liquor and tobacco license renewals as prepared by staff. Council Member Broussard Vickers questioned whether all renewal license applicants had provided the proper insurance. Mr. March indicated proof of insurance is a requirement of the renewal process. Motion by Council Member Broussard Vickers, seconded by Council Member Sweeney, to approve the liquor and tobacco license renewals as presented by staff Page 7 of 9 provided the proper insurance information is received. Sweeney, Travis, Broussard Vickers and Wilharber — aye, Nelson - nay. Motion carried. X. CONSENT AGENDA Resignation of Police Commission Chair — Mady Reiter Mayor Wilharber read a letter of resignation from Police Commission Chair, Mady Reiter, submitted due to her recent election as Senator for District 53. Mayor Wilharber complimented Ms. Reiter on a job well done and indicated the Police Commission will miss her. The Police Commission has begun the process of replacing Ms. Reiter. Motion by Mayor Wilharber, seconded by Council Member Nelson, to accept the resignation of Police Commission Chair, Mady Reiter. All in favor. Motion carried unanimously. XI. COMMITTEE REPORTS Council Member Travis stated that the Economic Development Committee meeting was scheduled for Tuesday, November 21, 2000. Council Member Sweeney had no information to report from the Parks and Recreation Committee meeting. The Cable Commission meeting was moved to December 13, 2000 and they are expecting to finalize the new franchise documents. That meeting is scheduled for the same night as the Council meeting so a Staff liaison will need to be appointed to attend the Cable Commission meeting. Council Member Sweeney also stated that since he did not seek re- election to the Council the new Council would need to appoint either a Council liaison to attend Cable Commission meetings or a Staff liaison. Attendance at the meetings is very important or the City could lose some of its franchise fees. Council Member Broussard Vickers stated that the Planning and Zoning Commission is working on revisions to the sign ordinance and has workshops planned to discuss the issue. Mayor Wilharber stated that the Police Commission met on November 9, 2000. The new police officer is off of temporary status. The new Council will need to appoint a Council Liaison to the Police Commission. XII. ADMINISTRATOR'S REPORT Mr. March stated the Truth in Taxation Hearing is scheduled for December 4, 2000. The continuation hearing, if necessary, is scheduled for December 20, 2000. Staff has received an offer of $16,000 for the purchase of the Green, Ford F250. Mr. March reported that it cost the City $1,000 for each of the four (4) years the City used the truck. Page 8 of 9 Motion by Council Member Sweeney, seconded by Council Member Nelson to accept the offer of $16,000 to purchase the Green, Ford F250. All in favor. Motion carried unanimously. Mayor Wilharber thanked Mr. March and Mr. Palzer for a job well done indicating the City and City residents owe them a debt of gratitude for their diligence in working to save the City money. XIII. ADJOURNMENT Motion by Council Member Sweeney, seconded by Council Member Travis to ad'ourn the November 20 2000 Ci Council Meetin at 7:35 6.m. All in favor. Motion carried unanimously. Transcribed by: Joan Lenzmeier, Recording Secretary Tim.eSaver Off Site Secretarial, Inc. Page 9 of 9 December 6, 2000 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 December payroll expense. Your approval of December payroll expense as listed on the attached copy of the check register, checks #5100 - 5145, in the amount of $26,527.67, is hereby requested. mb /nw cc: 7 Circle Pines City Council 7 Centerville City Council 7 Lino Lakes City Council 2 File Dec d6, 2000 11:11 AM CENTENNIAL FIRE DISTRICT Page 1 PAYROLL COMPUTER CHECK REGISTER CHECK* EMP NUM EMPLOYEE NAME DEPT SOC- SEC -NUM CHECKBOOKJACCT GROSS PAY DEEDUCTIONS NET PAY 5100 1990 ALBERG, JOHN FIR 477 -80 -8643 491.63 81.13 410.50 5101 1980 AMACHER, JEFFREY FIR 468 -80 -7241 907.38 149.16 758.22 5102 1201 BANGERT, RICHARD M FIR 476-64 -2483 1,487.88 224.00 1,263.88 5103 1203 BARNARD, RICHARD K FIR 473-72-9232 539.13 88.82 450.31 5104 1208 BEHR, SCOTT R FIR 469 -72 -0933 333.63 54.84 278.79 5105 1230 BOGENF,EIF, KERRY FIR 471-80-1639 655.50 108.50 547.00 5106 2857 BOLDT, ROBERT FIR 389 -86- 2857 3 59.25 302.63 5107 1260 BROKER, MICHAEL A FIR 474 -76 -7059 244.38 39.54 204.84 5108 1265 BRUDER, DAVE FIR 470-70 -5771 1,743.00 286.27 1,456.73 5109 1340 CHEVALLIER, THIERRY B FIR 475 -17 -2607 454.75 74.59 380.16 5110 1350 CISEWSKI, JERRY L FIR 472 -64 -5874 425.63 65.00 360.63 5111 1380 COLVARD, BRIAN T FIR 471 -96 -0694 344.25 55.99 288.26 5112 5966 COOPER, DARYL FIR 469 -90 -5966 725.63 120.52 605.11 5113 1390 CRUZ, RAYMOND FIR 563 -29 -3961 527.25 87.65 439.60 5114 1400 DOMITZ, STUART C FIR 469-84-2206 389.50 64.65 324.85 5115 1500 ENGLUND, DESMOND W FIR 477 -42 -5994 345.00 53.00 292.00 5116 1600 FRENCH, TOM FIR 472 -80 -5434 1,090.13 179.81 910.32 5117 1740 GARDNER, TODD FIR 474-94-7433 1,042.63 171.12 871.51 5118 1950 IWAN, CHRISTOPHER E FIR 468 -68 -1189 332.50 54.82 277.68 5119 2140 KERFELD, GLENN FIR 477 -64 -8989 243.75 36.00 207.75 5120 2222 LALLIER, DANIEL FIR 476 -90 -0461 598.13 98.67 499.46 5121 2210 LAUDERBAUGH, RANDY D FIR 474 - 80 -1592 1,391.50 209.00 1,182.50 5122 2250 LEE, STEVE FIR 473 - 60-9468 429.25 65.00 364.25 5123 2340 MENCH, MIKE J FIR 469 -58 -7387 1,014.38 152.00 862.38 5124 2360 M1SCHKE, KATHY FIR 470 -86 -7273 1,776.25 292.76 1,483.49 5125 5555 MISCHKE, SCOTT FIR 472 -17 -5516 930.00 153.49 776.51 5126 2365 MISCHKE, THOMAS 8 FIR 474 -80 -2905 1,369.13 225.85 1,143.28 5127 2375 MOE, DON FIR 473 -66- 0727 3 51.47 256.66 5128 2380 MOHLER, ARTHUR E FIR 473 -70 -2821 1,130.00 170.00 960.00 5129 8029 NADEAU, SCOTT FIR 472 -86 -8029 692.75 114.04 578.71 5130 2440 NORBERG, DEWAYNE C FIR 471 -70 -6197 605.63 100.78 504.85 5131 2550 OLSON, GLEN A FIR 476 -64 -5300 1,158.99 174.00 984.99 5132 2630 PETERSON, JERRY FIR 503-40-0991 326.25 50.00 276.25 5133 2640 PETERSON, MIKE T FIR 476 -76 -6201 804.88 120.00 684.88 5134 2730 REITER, RONALD FIR 475-76-8397 308.13 51.47 256.66 5135 2750 ROBERTSON, GORDON C FIR 470 - 68 -3103 365.63 61.30 304.33 5136 2770 ROLSTAD, RANDY T FIR 474 - 76-4827 1,131.50 170.00 961.50 5137 2310 SCOTT, JAMES L FIR 337 - 54 -1513 793.25 130.50 662.75 5138 2820 SHIKOWSKY, STEVE FIR 473 -50 -9871 376.13 57.00 319.13 5139 2825 STAFKI, ROBERT FIR 471 -70 -5084 550.38 90.98 459.40 5140 2830 STARK, MARC FIR 368 -78 -2269 539.13 88.82 450.31 5141 2860 STEWART, KEVIN J FIR 475 -92 -3272 1,852.25 1,254.86 597.39 5142 2880 SWEENEY, TERRANCE H FIR 396 -50 -2400 318.75 52.62 266.13 5143 2920 TASCHUK, ALLEN 5 FIR 470 -78 -1317 482.13 78.99 403.14 5144 2940 THELL, PAUL FIR 478-80 -9566 246.50 41.57 204.93 5145 2945 THELL, TIM FIR 470- 80-8515 541.88 88.86 453.02 TOTALS 132,726.36 46,198.69 126,527.67 PAYROLL SUMMARY FICA Social Security FICA Medicare Federal Tax Withheld Withheld Employer Owed Withheld Employer Owed Advanced EIC Payments Made Centennial Fire District 7741 Lake Drive Lino Lakes, MN 55014 (651) 784 -7472 - Office (651) 784 -2427 - Fax December 7, 2000 TO: City Council City of Centerville City Council City of Circle Pines City Council City of Lino Lakes FROM: Milo Bennett SUBJECT: Ratification of expenditures and approval for payment of expenses. Your approval of expenses, as listed on the attached copy of the check register, checks #12442 — 12457, in the amount of $3,357.25 is hereby requested. Centennial Fire District Page 1 of 1 Check Register DATE CHECK# NAME ACCOUNT AMOUNT 12/07/2000 12442 Amaco Oil Company 42100 - Fuel and Lube 519.75 12/07/2000 12443 Anoka County Fire Protection 42200 - Dues and Memberships 210.00 12/07/2000 12444 Centennial Utilities 42251 - Station 1 Utilities 73.50 12/07/2000 12445 Circle Pines Office Products 42180 - Office Products 69.76 12/07/2000 12446 Connexus Energy 42252 - Station 1 - Utilities 308.32 12/07/2000 12447 Emergency Apparatus Maintenance 42009 - Vehicle Maintenance 77.76 12/07/2000 12448 Fairview Lakes Clinic 42150 - Medical Physicals 318.00 12/07/2000 12449 IKON Office Solutions 42110 - Other Maintenance 98.14 12/07/2000 12450 Image Printing & Graphics 42180 - Office Supplies 65.60 12107/2000 12451 Milo Bennett 42220 - Travel, School, Conference 163.70 12/07/2000 12452 Pryor Resources, Inc. 42220 - Travel, School, Conference 118.00 12/07/2000 12453 Qwest 42240 - Telephone 349.60 12/07/2000 12454 Reliant Energy Minnegasco 42253 - Station 2 Utilities 604.36 12/07/2000 12455 Verizon Wireless 42240 - Telephone 148.75 12/07/2000 12456 Viking Office Products 42180 - Office Supplies 30.48 12/07/2000 12457 Nat'l Imprint/Franklin Products 42190 - Fire Prevention Supplies 201 5,3 Total $3,357.25 MEMO DATE : December 8, 2000 TO : Honorable Mayor and Council FROM: Jim March RE : Proposed Pheasant Marsh - PUD Included in your packet is a revised preliminary plat for a subdivision to be known as Pheasant Marsh. A public hearing on this revised plat was held at the planning and zoning commission on Tuesday, December 5"'. The revised plat shows a reduction from 88 to 77 lots. The minimum lot size being proposed exceeds 15,000 square feet. The revised plat now contains more than a minimum 20% common open space as required by the planned unit development section of ordinance #4. Written statements from the developer are included in your packet. The developer is required to justify in writing why the subdivision warrants being platted as a planned unit development. There were only a handful of citizens at the meeting with comments about the revised plat. Concerns were raised that the timing of the development coincides with the completion of the new elementary school. In addition, there were positive comments towards the developer's engineer stating that they would be willing to install turn lanes into the development off of Centerville Road. The planning and zoning commission passed a unanimous motion to recommend the preliminary plat approval for this subdivision. The approvals for this subdivision will have many contingencies such as watershed approval, County highway access permit, co.upl ehensive plan amendment to allow the MUSA swap, and design approval from the City Engineer. The developer met with the park and recreation committee on Wednesday, December 6 The developer indicated that they would be able to route the proposed trail as desired by the committee. Council needs to discuss allowing the comprehensive plan amendment at the same time as granting preliminary plat approval. If Council is willing to allow the MUSA swap, then the Council can determine whether or not to approve the preliminary plat. * Effective 9/5/00 City of Centerville Ord. #4 include, but not be limited to, softball, football, volleyball, broomball, ice or field hockey, tennis, basketball tournaments, or outdoor music concerts; and B. Such activities shall be considered a Special Use within all Residential Districts of the City and shall require a permit therefore. The City shall have the right to make provisions in such permit for insuring public health and sanitation, traffic regulation, noise and litter control and regulation on the number of events that may be conducted on a specific site. Division 180: Planned Unit Developments (PUDs} Section 180 -010: Objectives. To help encourage a more creative approach to the use of land, departures from the Centerville Zoning Ordinance may be granted by the City Council in the form of Planned Unit Development Districts to achieve: Subd. 1: A maximum choice of living environments by allowing a variety of housing building types and permitting an increased density per acre and a reduction in lot dimensions, yard, building setbacks, and area requirements; and Subd; 2: A more useful; pattern of open space and recreation areas and, if permitted as part of the project, more convenience in the location of accessory commercial uses and services; and Subd. 3: A development pattern which, preserves and utilizes natural features, trees and other vegetation, and prevents the disruption of natural drainage patterns; and Subd. 4: A more efficient use of land and a resulting _substantial savings through shorter utilities and streets; and Subd. 5: A development pattern in harmony with land use density; transportation facilities, and community facilities objectives of the comprehensive plan. Section 180 -020: General Requirements. A special use permit shall be required of ell Planned Unit Developments. The City may approve the PUD only if it finds the development satisfies all the following standards: Subd; 1: The development shall be planned so that it is consistent with the Centerville Comprehensive Plan, and Page 45 of 62 Effective 9/5/00 City of Centerville Ord. #4 Subd. 2: The PUD is an effective and unified treatment of the development possibilities on the project site and the development plan provides for the preservation of unique natural amenities such as streams, stream banks, wooded cover, rough terrain, and similar areas; and Subd. 3: The planned unit development proposal appears to harmonize with both existing and proposed development in the area surrounding the project site; and Subd. 4: The tract of land'_ shall be under unified control at the time of application and scheduled to be developed as one unit. In addition, the development plan must include provisions for the preservation of natural amenities; and Subd. 5: Each phase of the proposed development, as it is proposed to be completed, is of sufficient size, composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit, and that provision and construction of dwelling units and common open space are balanced and coordinated; and Subd. 6: The PUD will not create an excessive burden on parks, schools, streets, and other, public facilities and utilities which serve or are proposed to serve the district; and Subd. 7: The proposed total development is designed in such a manner as to form a desirable and unified environment within its own boundaries;' and Subd. 8: The plans required under this Section must be submitted in a form which will satisfy the requirements of Ordinance #8 for the preliminary and final plans; and Subd. 9: Permission to develop specific parcels of land under the provisions which follow shall- be binding on all construction. Any change in the development plan after approval by the City Council shall' - be resubmitted for consideration; and Subd. 10: Subdivision review under the Subdivision Ordinance shall be carried out simultaneously with the review of a Page 46 of 62 • Effective 9/5/00 City of Centerville Ord. #4 PUD under this section of the Zoning Ordinance. Section 180 -030: Uses Permitted. Permitted uses, may include any combination of dwelling units in single - family, two- family, town or row houses; any non - residential use to the extent such non - residential use is designed and intended to serve the residents of the planned unit development; public or private education facilities; or other uses permitted in the Zoning District in which the planned unit development is located. When a PUD proposes a mixture of residential uses with commercial uses, the Council may limit the development of not more than ten percent (10 %) of the tract to commercial uses. Section 180 -040: Relationship of PUD Site to Adjacent Areas. The design of a PUD shall take into account the relationship of the site to the surrounding areas. The perimeter of the PUD shall be so designed as to minimize undesirable impact of the PUD on adjacent properties, and conversely, to minimize undesirable impact of adjacent land use and development characteristics on the PUD. Section 180 -050: Minimum Size. A PUD. shall consist of at least ten (10) acres. Section 180 -060: Minimum Lot Size. The minimum lot size requirements; of other sections of this Ordinance do not apply to a PUD except that the minimum lot size requirements of the underlying zone shall serve as a general guideline to determine the maximum dwelling unit density of the total development. Section 180 -070: Setback and Side Yard Requirements. Notwithstanding other provisions of this article, setback and side yard requirements of lots in a PUD shall be at least equivalent to the spacing requirements of buildings similarly developed under the terms of this ordinance on separate parcels. Section 180 -080: Access to Public Right -of -Way. The site of a PUD shall abut, and the major internal street or streets serving the PUD shall be connected to, at least one primary arterial, or neighborhood collector street. Section 180 -090: Utility Requirements. Utilities, including telephone and electrical systems, installed within a PUD shall be placed underground. Utility appurtenances, which can be effectively screened, may be excepted from this requirement if the City finds that such exception will be consistent with the objectives of this article and the character of the proposed PUD. Section 180 -100: Open Space. A minimum of twenty percent (20 %) of the gross land area for private or public open air recreational use protected by covenants running with the land or by conveyances or dedicated as the Planning and Zoning Commission may specify shall be an integral part of the plan. Such Open Space areas shall not include land devoted to streets, parking and private yards. Whenever possible, common Open Space shall be linked to the Open Space areas of adjoining developments. Common Open Space shall be of such size, shape, character, and locations as to be usable for its proposed purpose. Page 47 of 62 Effective 9/5/00 City of Centerville Ord. #4 Section 180 -110: Parking. Off- street parking and loading space shall be provided in each PUD in the same ratios for types of buildings and uses as required in the underlying Zoning District. Section 180 -120: Arrangement of Commercial Uses. When a PUD includes commercial uses, commercial buildings shall be planned as groups having common parking areas and common ingress and egress points. Each commercial area shall be separated from abutting residential areas by appropriate screens or fences. The design of commercial areas shall provide for the integrated and harmonious design of buildings and for adequate and properly arranged facilities for internal traffic, circulation, landscaping, and such other features and facilities as may be necessary to make the areas attractive and efficient from the standpoint of adjacent non-commercial areas. Any area which is not. to be immediately' improved or developed shall be landscaped or otherwise maintained in a neat and orderly manner as specified by the City. Section 180 -130: Arrangement of Industrial Uses. In any PUD including industrial uses, the industrial uses shall be provided in park -like surroundings utilizing landscaping and existing woodlands as buffers to screen lighting, parking areas, loading areas and outdoor storage of raw materials or products.; An industrial area in a PUD shall provide for the harmonious design of buildings and a compact grouping in order to economize in the provisions of required utility services. Streets in planned industrial area shall be kept to a minimum in order to reduce traffic. All spaces between the right -of -way line and the industrial building line and all intervening spaces between buildings, drives, parking areas, and improved areas shall be landscaped with trees and plantings and properly maintained. Section 180 -140: Procedure. Pre- Application Meeting. Before submitting a formal application for a PUD under 55.03, the developer shall meet with the Planning and Zoning Commission. The purpose of this meeting is to discuss early and informally the purpose and effect of this Ordinance and the criteria and standards contained in this Ordinance and to familiarize the developer with the City's Comprehensive Plan, including the land use plan, the major thoroughfare plan, and the parks and Open Space plan, and with the subdivision regulations and the drainage, sewer, and water, systems of the City. Section 180 -150: Application. An application for approval of a Preliminary Development Plan for a proposed PUD shall be made to the Planning and Zoning Commission, by at least one owner or lessee of property for which the PUD is proposed. The application shall be accompanied by a certified check or money order to cover the costs incurred in checking and processing such plans in an amount affixed by resolution, of the City Council: The application with accompanying Outline Development Plan shall be submitted in twelve (12) copies and shall include: A. A vicinity map at a scale of one (1) inch equals two hundred fifty (250) feet showing property lines, existing streets, existing zoning, and such other items as the Planning and Zoning Commission may require to Page 48 of 62 Effective 9/5/00 City of Centerville Ord. #4 show the relationship of the proposed PUD to the Comprehensive Plan of the City, to existing schools and other community facilities and services, and to the surrounding area; and B. A preliminary plan of the PUD in schematic form showing the following: 1. The existing topographic character of the land; and 2. A composite of all natural amenities of the site including steep slopes, drainage ways plus marshes, ponds and lakes; and 3. The size of site and proposed uses of the land to be developed together with an identification of off-site land use; and 4. The density of land use to be allocated to the several parts of the development; and 5. The approximate location of thoroughfares; and 6. The location of common open space including public schools, parks and playgrounds or private natural preserves; and 7. The off- street parking: system. C. A written statement including the following: 1. A statement of the ownership of all land involved in the PUD together with a summary of previous work experience; and 2. An explanation of the general character of the planned development; and 3. A statement describing the ultimate ownership and maintenance of all parts of the development including streets, structures and open spaces; and 4. A statement describing how all necessary governmental services will be provided to the development; and Page 49 of 62 Effective 9/5/00 City of Centerville Ord. #4 5. The total anticipated population to occupy the PUD, with breakdowns indicating the number of school age children, adults and families. D. The proposed schedule for the development of the site. E. A statement setting forth the reasons why, in the opinion of the applicant, the PUD will be in the public interest and consistent with the objectives specified for PUDs by Section 51. Section 180 -160: Actions. Subd. 1 By Commission. Within sixty (60) days of the filing of the application, the Planning and Zoning Commission shall hold -a Public Hearing on the proposed PUD following written and published notice as required for amendments of the ordinance. Following such hearing and within sixty (60) days of the filing of the application or at a later time agreed to by the applicant, the Planning and Zoning Commission shall recommend approval or disapproval of the preliminary proposal with such changes and conditions as it may suggest and shall transmit its recommendations to the City Council. In its recommendations the Commission shall determine whether the proposed PUD is consistent with the objectives for PUDs specified in Section 51 and with the Comprehensive Land Use Plan of the City; and whether the benefits, combination of various land uses, if proposed, and the inter - relationship with the land uses in the surrounding area justify the deviation from standard district regulations allowed by this ordinance for PUDs. Subd 2. By Council. Upon receipt of the recommendations of the Planning and Zoning Commission, the Council shall consider the application and, after holding such, public hearing as it deems desirable, shall approve or disapprove the application with such changes or conditions, it any, as it may deem appropriate. Refusal of any changes or conditions shall constitute denial of the plans by the City Council. Failure of the land owner to notify the City Council of his acceptance or refusal of the modification to the plan constitute acceptance of these conditions, No Building Permits may be issued on land within the PUD until final plans for the development have been approved by the City Council under the procedures provided in the following sections. Section 180-170: PUD Agreement. The Zoning Administrator shall instruct the City Attorney to draw up a PUD Agreement which stipulates the specific terms and conditions Page 50 of 62 Effective 9/5/00 City of Centerville Ord. #4 approved by the City Council and accepted by the applicant. This agreement shall be signed by the Mayor of the City of Centerville, Clerk/Administrator and the applicant within thirty (30) days of the City Council approval of the PUD application and final plat. Where the PUD application and /or final plat is to be resubmitted or denied approval, the City Council action shall be by written report setting forth the reasons for its actions. Section 180 -180: Final Review and Approval. An application for review and approval of the final development plan shall be filed by the applicant with the Planning and Zoning Commission within six months of the date on which approval of the preliminary plan was given by the Council. If application for final approval is not made within the time required, the proposal shall be considered abandoned unless an extension period is requested and granted by the City Council. Section 180 -190: Documentation Required. The final application shall be accompanied by the following supporting documentation: A. A final plan of the PUD in schematic form including the following: 1. The street system, lot layout and off street parking and loading plan; and 2. The use, height, bulk and approximate location of buildings and other structures;. and 2. Land areas to be conveyed, dedicated or reserved for parks, parkways, playgrounds, school sites, public buildings, and similar public and semi-public uses; and 4. A site plan for each building site and common open area, showing approximate location of buildings, structures and improvements; and 5. Generalized elevations and perspectives of all structures; and 6. A site grading plan indicating the direction of flow of surface drainage and all easements necessary for both ponding and runoff; and 7. Plans, profiles, and specifications for the distribution of water, collection of sanitary waste and storm water; and 8. A landscape plan indicating the location, size and type of plant materials to be used; and Page 51 of 62 Effective 9/5/00 City of Centerville Ord. #4 9. Plans, profiles, typical sections and specifications for proposed street improvements; and 10. The density of land use to be allocated to the several parts of the site being developed. B. A written statement including: 1. The approximate date when construction will begin by stage of development and the area of open space to be provided at each stage; and 2. Agreements, provisions or covenants which govern the use, maintenance and continued protection of the development and any of its common open areas; and 3. Other conditions specifically required by the Commission and the Council for the particular PUD. Section 180 -200: Action On Final Application: Procedure for action by the Planning and Zoning Commission and the Council on an application for review and approval' of the final plan for a PUD shall be the same as prescribed by this article for the action on the preliminary proposal. In giving approval, the Council may specify the length of time within which construction of the project must be begun or be completed, and it may attach such other conditions as seem necessary. The final development plan shall be in general conformance with the preliminary development plan as approved. A. Criteria for Approval. The findings necessary for approval of both the preliminary and final development plans shall be based on the following and describe in what respect the plan would or would not be in the public interest. 1. The plan does not conflict with the Centerville Comprehensive Plan. 2. The plan is designed to form a desirable and unified development within its own boundaries. 3. The proposed uses will not be detrimental to present and future land use in the surrounding area. 4. Any exceptions to the standard requirements of the Zoning and Subdivision Ordinances are Page 52 of 62 Effective 9/5/00 City of Centerville Ord. #4 justified by design of the development. 5. The plan will not create an excessive burden on parks, schools, streets, and other public facilities and utilities which serve or are proposed to serve the PUD. B. Non - Compliance. In the event the plan as submitted for final approval is not in substantial compliance with the preliminary development plan, the Planning and Zoning Commission shall notify the applicant within forty -five (45) days of the date of application, setting forth the ways in which the plan is not in substantial compliance. 1. The applicant may treat such notification as denial of preliminary approval; or 2. The applicant may re -file his plan so that it does substantially comply with the outline development plan; or 3. The applicant may file a written request with the Planning and Zoning Commission that it hold a public hearing on his request for final approval. Any such hearing shall be held within thirty (30) days after the request for such hearing. Within forty -five (45) days of such hearing the Planning and Zoning Commission :shall either grant or deny preliminary approval to the plan. C. Final Approval. The City Council shall review and approve the Final Development Plan if it is in substantial compliance with Preliminary Development Plan. Following this, the applicant shall record the Final Development Plan in the manner provided for recording subdivision plats. If the Final Development Plan is not in substantial compliance, the applicant shall be requested to repeat the procedures outlined for the Preliminary Development Plan. Section 180.210: Time Limit. If work on the PUD is not started within three months of the proposed schedule date after final approval has been granted, approval shall terminate unless an extension period is requested or granted by the City Council. Section 180 -220: Annual Review. The Planning and Zoning Commission shall review all PUD Districts within the City at least once each year and shall make a report to the City Council on the status of the development in each of the PUD Districts If the City Council finds that development has not occurred within a reasonable time after the original Page 53 of 62 Effective 9/5/00 City of Centerville Ord. #4 approval, the City Council may instruct the Planning and Zoning Commission to initiate rezoning to the original Zoning; District by removing the PUD District from the Official Zoning Map: Section 180 -230: Amendments. Amendments may be made in the approved final plan when they are shown to be required by changes in conditions that have occurred since the final plan was approved or by changes in the Development Policy of the City. A. Minor changes in the location, sitting, and height of buildings and structures may be authorized by the City Engineer if requested by engineering or other unforeseen circumstances. B. All other changes in use, rearrangement of lots, blocks, and open space, must be authorized by the City Council under procedures outlined for amendment of the Zoning Ordinance. Section 180 -240: Completion. Completion of the PUD shall be certified by the Planning and Zoning Commission on the Final Development Plan. Thereafter, the use of land and the construction, modification, or alteration of any buildings shall be governed by the approved Final Development Plan. Changes may be authorized only under the procedures provided below: A. Minor extension, alterations or modifications of existing_ structures may be authorized by the Planning and Zoning Commission if they are consistent with the intent and purpose of the final plan and do not increase the cube of any building or structure by more than ten (10) percent; and B. Changes in the use of common open space or the replacement of any building substantially destroyed which exceeds the intent and purposes of the Final Development Plan may be authorized only by amendment to the final development. Section 180 -250: Site Improvements. At any time following the approval of a Development Stage Plan by the City Council, the applicant may, pursuant to the applicable codes of the City applyfor, and the Zoning Administrator may issue, grading permits for the area within the PUD for which Development Stage Plan approval has been given. Section 180 -260: Construction, The construction and provisions of all the common open spaces and public and recreational facilities which are shown on the Final Development Plan must proceed at the same phase as the construction of dwelling units. At least once every six (6) months following the approval of the Final Development Plan, the Zoning Administrator shall review all of the Building Permits issued for the planned development and examine the construction which has taken place on the site If he /she shall find that the rate of construction of dwelling units is greater then the rate at which common open Page 54 of 62 Effective 9/5/00 City of Centerville Ord. #4 spaces and public and recreational facilities have been constructed and provided, he shall forward this information to the City Council, which may revoke the PUD Permit. Section 180 -270: Maintenance of Common Open Space. All land shown on the Final Development Plan as common open space must be conveyed to homeowners association or similar organization for the maintenance of the planned development The common open space must be conveyed to the homeowners association or similar organization subject to covenants to be approved by the City Council which restrict the common open space to the uses specified on the final development plan, and which provide for the maintenance of the common open space in a manner which assures its continuing use for its intended purpose. Section 180 -280: Homeowners Association. If a homeowners association is created, the applicant shall submit plans at the time of final plan of development and documents which explain: A. Ownership and membership requirements; and B. Articles of incorporation and bylaws; and C. Time at which the developer turns the association over to the homeowners; and D. Approximate monthly or yearly association fee for homeowners; and E. Specific listing of items owned in common including such items as roads, recreation facilities, parking common open space ground, and utilities. Division 185: Variances Standards The Planning Commission shall recommend a Variance and the Council shall order the issuance of such Variance only if it conforms to the following standards: A. Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and do not result from the actions of the petitioner; and B. Literal interpretation of the provisions of this Ordinance would deprive the petitioner of rights commonly enjoyed by other properties in the same district under the terms of this Ordinance; and C. Granting the Variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to other lands, structures, or buildings in the same district; and Page 55 of 62 MEMO DATE : December 8, 2000 TO : Honorable Mayor and Council FROM: Jim March RE : 1873 Main Street — Rezone Request Lloyd Drilling is requesting permission to rezone 1873 Main Street from R -2 residential to B -1 commercial. A public hearing was held on Tuesday at the planning and zoning commission meeting. Residents from Shad Avenue were in attendance to oppose the rezone request. They wished to see the property stay residential. Concerns were expressed about noise, traffic, lights, kids hanging out and garbage odors. The primary concern was that they did not want to see an access from the site onto Shad Avenue. The planning and zoning commission voted 6 -1 to recommend to Council that the property be rezoned to B -1 commercial. 1 am investigating the amount of property valuation increase for the homes located to the north of the current Apple Tree Square. A resident had mentioned that they thought a commercial building would damage their property values. The residents in attendance were encouraged to come to the Council meeting. Mr. Drilling indicated that he has had several calls from interested businesses that would like to lease space. Many of the residents that responded to the informal survey produced by Mayor Wilharber and those in attendance at the truth in taxation spoke in favor of having more commercial businesses within the community. 4 � Effective 9/5/00 City of Centerville Ord. #4 Yard, Front - A yard extending across the full width of the front lot between side lot lines and extending from the abutting street right -of -way line to a depth required in the yard regulations of the district in which such lot is located. On a corner lot the street address or narrowest street dimension or the street shall be the front yard. Yard, Rear - A yard extending along a side lot line between the front and rear yard lot line, having a width as specified in the yard regulations for the district in which such lot is located. Yard, Side - A yard between the sideline of the lot and the nearest line of the building and extending from the front yard to the rear yard. Zoning District - An area or areas for which the regulations and requirements governing use, lot and bulk of buildings and premises are uniform. Section 015 -030: General Regulations. For clarity and consistency in the understanding and application of this Ordinance the following shall apply: Use of the masculine gender includes the feminine and neuter genders unless otherwise specifically noted. Grammatical use of references made in the singular shall include the plural and the plural shall include the singular, unless such use or reference is otherwise specifically stated. Sentence construction or phraseology in the present tense, and similarly, references in the future tense may include the present. The word "shall" is used to mean mandatory, whereas the word "may" is permissive and does not imply obligation. The catchlines of the sections of this Ordinance are intended as mere catchwords to indicate the content of the section, and shall not be deemed or taken to be titles of such sections, nor be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any sections. Division 20: Scope and Interpretation A. Scope No structure, or part, thereof, shall be erected, converted, enlarged, reconstructed, altered or moved without a permit approved by the City. No structure or land shall be used for any purpose or altered in any manner that is not in conformity with the provisions of this Page 14 of 62 Effective 9/5/00 City of Centerville Ord. #4 the application with the City's Comprehensive Plan, Zoning Ordinance, other policies and official controls and the compatibility of the proposed action with existing area land uses, existing area investments and neighborhood character, capacity of public streets and utilities and future planned land uses. Section 070 -030: Exceptions. The City may waive certain submittal requirements for residential variance applications, when it is determined that submittal requirements are not applicable or are not necessary to complete a review of the proposed action. The City may also waive certain submittal requirements for other actions, when site plan information for the subject property has previously been submitted to the City and may be more appropriately supplemented with new information. Division 75: Final Grading and Landscaping Lots in all districts shall be subject to the following: Subd. 1 No Occupancy Permit shall be issued until the lot upon which the structure is constructed is brought to finished grade as specified; and Subd. 2 Within six (6) months from the issuance of the Occupancy Permit the lot shall be landscaped in a manner which prevents erosion due to wind or water. Extensions may be granted at the Building Official's discretion. Division 80: Zoning Districts /Use Regulations Section 080 -010: Zoning Map. A map entitled "Centerville Zoning Map" is hereby adopted by reference and declared to be part of this Ordinance as the Official Zoning Map: Such map shall be on permanent file and available for public inspection in the City Nall. It shall be the responsibility of the City Clerk to maintain and keep the map up to date and to record each amendment thereto within thirty (30) days, after official publication of the ordinance adopting the amendment. Section 080 -020: Interpretation of the Zoning Map.; Where due to the scale, lack of detail or illegibility of the Zoning Map attached hereto, there is an uncertainty, contradiction or conflict as to the intended location of any zoning district boundary as shown thereon, the Zoning Administrator shall make an interpretation of the map upon the request of any person. Any person aggrieved by any such interpretation may appeal such interpretation to the Board of Appeals and Adjustments. The Board of Appeals and Adjustments, in interpreting the Zoning Map or deciding any appeal, shall apply to the following standards: A. Zoning district boundary lines are intended to follow lot lines, or be parallel or perpendicular thereto, or along the centerlines of streets, rights -of -way or watercourses, unless such boundary lines are fixed by dimensions shown on the Zoning Map; and Page 21 of 62 Effective 9/5/00 City of Centerville Ord. #4 B. Where zoning district boundary lines are so indicated that they approximately follow lot lines, such lot lines shall be construed to be such boundary lines; and C. Where a zoning district boundary line divides a lot, the location of any such zoning district boundary line, unless indicated by dimensions shown on the zoning map, shall be determined by the use of the map scale shown thereon; and D. If, after the application of the foregoing rules, uncertainty still exists as to the exact location of a zoning district boundary line, the boundary line shall be determined in a reasonable manner, considering the history of uses of the property and the history of zoning ordinances and amendments in Centerville as well as other relevant facts. Section 080-030: Establishment of Districts. For the purpose of this Ordinance, the City of Centerville is hereby divided into the following zoning districts: R -1 Rural Residential R -2A High Density Single Family Residential R -2 Single Family Residential R-4 Single Family Manufactured Housing District R -5 Single Family Residential - Estate B -1 Commercial 1 -1 Industrial Park District P -1 Public /Institutional District M-1 Mixed Use Section 080 -040: Rural Residential (R -1). Purpose The purpose of the R -1 District is to allow agricultural activities and non - sewered residential dwellings as interim uses of the land. The City has limited vacant land for development and all land in the City is planned for eventual urban uses. Because of the limited duration anticipated for agricultural uses in the City and the incompatibilities which often exist between agricultural and non - agricultural uses, permitted uses in the R -1 District will not reflect intensive commercial agricultural uses. Permitted Uses A. Single- family, detached, dwellings at a density not exceeding one (1) home per ten (10) acres; and B. Residential accessory uses and home occupations; and C. Crop production and vegetable gardening; and Page 22 of 62 Effective 9/5/00 City of Centerville Ord. #4 Special Requirements Manufactured homes are permitted in all residential districts if they meet the design criteria for such districts. All other manufactured homes shall be located only in designated manufactured home districts which meet the requirements of this Ordinance. The general intent of this district is to provide for manufactured housing in subdivided developments, in safe, attractive residential neighborhoods with all urban services and desired amenities as other residential areas. No person shall erect, establish, extend or enlarge a manufactured housing development within the limits of the City of Centerville without first obtaining Site Plan approval from the City Council upon receipt of the recommendation of the Planning and Zoning Commission. Approval shall be granted only upon compliance with all the following: 1.) Compliance with all other terms of this Ordinance #4, Centerville Zoning Ordinance; 2.) Compliance with all the terms of Ordinance #8, Centerville Subdivision Ordinance; 3.) The proposed development must be located in the City's urban service area as shown in the Comprehensive Development Plan, and must be served by public utilities as approved by the City of Centerville. Section 080 -080: Single- Family, Residential - Estate (R -5). Purpose It is intended that the R -5 District provide for low- density traditional single family residential where public utilities are available and required for service. The design and circulation of new residential areas are also intended to be complimentary with and enhance the community's small town atmosphere. Permitted Uses A. Single- family, detached dwellings. B. Accessory uses. C. Public parks and recreation uses. D. Day care facility. E. Residential facility. F. Home occupations. Section 080 -090: Commercial District (B -1). Purpose It is intended that the B -1 District provide opportunities for retail and service business uses which require larger development sites, highway visibility or highway access. Permitted Uses A Retail sales and service, but excluding adult orientated businesses. Page 25 of 62 Effective 9/5/00 City of Centerville Ord. #4 B. Automobile and motorized equipment sales and service, excluding salvage operations. C. Farm implement sales and service. D. Building supply sales and storage yards. E. Funeral homes and mortuaries. F. Day care centers. G. Hotels and motels. H. Full service gasoline sales and service. Eating and drinking establishments.. J. Financial institutions., K. Personal and professional business offices. L. Public buildings. M. Barber /Beauty salons. N. Commercial schools. 0. Hospitals and clinics. P. Nursing, homes. Q. Commercial recreation. R. Animal clinics. S. Car washes. T. Liquor stores. Section 080 -100: Industrial District (I -1): Purpose It is intended that the 1 -1 District provide opportunities for light manufacturing and industrial uses, trade businesses, machine shops and other more extensive land uses: Page 26 of 62 Effective 9/5/00 City of Centerville Ord. #4 Permitted Uses A. Business and professional. offices. B. Machine and repair shops. C. Construction trade offices and yards. D. Manufacturing, warehousing, distribution, processing, packaging, assembly and research uses, except waste management. E. Indoor shooting /archery range and sales. F. Truck terminals. Special Requirements The storage of supplies, products, vehicles, equipment or other materials shall be kept indoors unless totally screened from public rights of way and adjacent properties. Adult orientated businesses are regulated separately by City, Ordinance. Section 080 -110: Public /Institutional District (P -1). Purpose It is intended that the P -1 District provide opportunities for government facilities, schools, churches, hospitals, libraries and other similar public and institutional uses. Permitted Uses A. Government buildings, structures, facilities, utilities, rights -of -way, easements, parks, open spaces and vacant land. B. Schools, churches, cultural and educational facilities and uses, libraries, hospitals and health facilities. Section 080-120: Mixed Use District (M -1). Purpose It is intended that the M -1 District provide for the unique layout and character of a traditional central business district with retail, professional office, residential, and other mixed uses. Permitted Uses A. Retail sales conducted within structures, but excluding automobile and motorized equipment sales, truck stops, gasoline and fuel sales, drive through restaurants. B. Repair and service conducted within structures, but excluding automobile and motorized equipment repair. Page 27 of 62 Effective 9/5/00 City of Centerville Ord. #4 Division 90: Parking Requirements The following table illustrates the minimum number of parking spaces required for various uses permitted in the City. The City may modify minimum parking requirements in the M -1 District, as part of the Site Plan Approval process, if it is determined that the use is consistent with the purpose of the district and street parking is sufficient to accommodate the use. Uses Minimum Parking Required Residential 2 /dwelling unit Churches 1/3 seats in largest assembly Schools 1 /classroom plus 1/3 seats in largest assembly Theaters 1/3 seats Restaurants 1/3 seats Offices 5/1000 square foot gross floor area Retail 6/1000 square foot gross floor area Convenience Stores 7/1000 square foot gross floor area General Services 4/1000 square foot gross floor area Trade Businesses 3/1000 square foot gross floor area Manufacturing 3/1000 square foot gross floor area Other Industrial 3/1000 square foot gross floor area Car Washes 5 /stacking per bay Drive -up 5 Stacking plus 1/3 seats Restaurants Division 95: Commercial Exterior Building Materials Except; as otherwise regulated herein, the exterior wall surfaces of all new or expanded commercial buildings shall consist of face brick, finished block or other textured masonry product approved by the Planning and Zoning Commission. Exceptions to all masonry exteriors may be considered and approved by the Planning and Zoning Commission provided the following findings are met: A. The combination of exterior materials is used as an architectural compliment to the structure. B. The combination of exterior materials used is not inconsistent with the quality and appearance used on similar buildings in the same zoning district or neighborhood. C. Site conditions limit public exposure to certain exterior surfaces where masonry products are not proposed. Page 29 of 62 Effective 9/5/00 City of Centerville Ord. #4 D. An exterior wall may be temporary and a future expansion area of a structure and be subject to removal or redesign as an interior wall. Buildings are required to have contrasting architectural features and must be designed to be aesthetically pleasing. Division 100: Industrial Exterior Building Materials Industrial buildings are required to be constructed of brick, decorative block or approved textured masonry product. Pole barn type buildings are not allowed. Buildings are required to have contrasting architectural features and must be designed to be aesthetically pleasing. Division 105: Fences A. All fences shall be located entirely upon the property of the fence owner unless the owner of the adjoining property agrees, in writing, that said fence may be erected on the property line of the respective properties. Such an agreement shall be submitted at the time of building permit application. If the adjoining property owner does not agree to the erection of such fence, the fence shall be set back a minimum of two (2) feet from all lot lines. No fence other than a decorative fence may be constructed along the side lot lines of a residential lot between the street and the front extension of the dwelling house. As used herein, the term "decorative fence" means a wood vertical post and wood horizontal rail fence with no more than three (3) rails or a wood picket type fence with at least two (2) inches of open space between each picket. B. No residential fence may exceed six (6) feet in height and no decorative fence in the front yard may exceed thirty -six (36) inches in height. Fencing in commercial /industrial zoning shall not exceed eight (8) feet in height. C. All fences shall be constructed and maintained in a substantial, workmanlike manner and of material reasonably suited for the purpose for which the fence is proposed to be used. Every fence shall be constructed so that the side containing the framing supports and cross pieces face the interior of the fence owner's lot. Any fence which does not comply with the provisions of this Section or which endangers the public safety, health or welfare shall be considered a public nuisance. Section 105 -010: Snow -Stop Fencing. Snow -stop fencing may be used from November 1 to April 1. No permit shall be required for temporary fencing. Page 30 of 62 Effective 9/5/00 City of Centerville Ord. #4 Residential Districts: A. Agricultural products, equipment and appurtenances owned by the owner of the property and used on the property on which they are kept; and B. All licensed and operational motor vehicles shall be parked on the permitted driveway area. Any non - licensed, non - operational vehicles must be stored in an enclosed structure; and C. A maximum of two (2) of the following units may be stored outside of a structure for more than forty -eight (48) hours on any residential parcel provided they are stored on the permitted driveway area outside of the road right -of -way or are in a side or rear yard. A licensed motorhome or fifth wheel trailer is allowed in a side or rear yard. 1. Boat 2. Camper 3. Motor home 4. Snowmobile's 5. Personal watercraft 6. Personal Utility Trailer 7. Ice House 8. Small construction equipment None of the above mentioned items may have an overall length from front to back in excess of thirty -five feet (35'). D. Clothes lines, antennae, air conditioners, outdoor grills, play equipment, ornaments and monuments; and E. Temporary storage of materials and equipment during construction and landscaping. Commercial /Industrial Districts: Storage of products, materials and equipment, .excluding rubbish or junk, which- is necessary to an approved business operation in a Commercial or Industrial District, and which is completely screened from adjoining properties and rights -of -way. The Site Plan Review process is required to determine the appropriateness for storage permitted in this Section, surfacing required for the storage area and the screening required. Outside display of vehicles, equipment and merchandise for direct sale to consumers when such outside display is customary and necessary to the trade and is a permitted use within the zoning district. The Site Plan Review process is required to determine the appropriateness of the storage or display proposed, surfacing required for the display area and any additional landscaping or screening which may be required. Page 39 of 62 t ; ; tcrvitce 1880 plain Street • Centerville, MN 55038 Established 1857 (651) 429 -3232 is Fax (651) 429 -8629 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE NOTICE OF REQUEST FOR RE- ZONING PUBLIC HEARING BEFORE THE PLANNING AND ZONING COMMISSION PLEASE TAKE NOTICE that the Centerville Planning and Zoning Commission will hold a public hearing and make a recommendation to the City Council on the following matter: ITEM: Rezone from R2 (Single Family Residential) to C1 (Commercial) PETITIONER: Lloyd Drilling LOCATION: 1873 Main Street LEGAL: R23- 31 -22 -12 -0002 DESCRIPTION: THE S 419 FT OF THE W 208 FT OF THE E 24 RODS OF THE NW %< OF NE `/s OF SEC 23 -31 -22 ANOKA CNTY, MN (EX THE E 30 FT) (EX THE W 30 FT) & (EX THE N 219 FT THEREOF) (EX PART TAKEN FOR HWY BY ANOKA CNTY 8/23/73) The petitioner requests the Commission to rezone to allow the construction of a 10,000 square foot retail center housing six (6) retail spaces. The said hearing will take place on Tuesday, December 5, 2000 at the Centerville City Hall located at 1880 Main Street in Council Chambers beginning at 6:30 p.m., or shortly thereafter. The City Hall is ADA accessible. Requests for hearing assisted devices or a sign language interpreter must be received prior to 4:00 p.m. on December 1, 2000. All persons interested are invited to attend and to be heard, orally or in writing. You may call City Hall at (651) 429 -3232 if you have any questions. November 16, 2000 /s/Teresa Bender, Clerk/Treasurer abcdefghijklmnopqrstuvwxyz Published in the Quad Community Press November 22 and November 28, 2000 r terviCCe blish 1880 Main Street • Centerville, 55038 E staed -1857 CITY OF CENTERVILLE (651) 429 -3232 • jaa. (651) 429 -8629 APPLICATION FOR VARIANCE OR REZONING p 1 #,J7Z 4044• /'" W Any additional costs incurred for VARIANCE: FEE: "+ engineering, legal fees, publication or ,+ other requirements REZONING: (I DATE PAID: /// WO STREET LOCATION OF PROPERTY: / / ,' r / IY, LEGAL DESCRIPTION OF PROPERTY: �— , p fi- 9 L.= z _1 - 7: 2 09,47. L /).1/ y/0",-7 ' e.. ; , a e ''t !v r. le ". 1�.5 . S OF PARCEL(S): 11/ f, / C-- // PROPERTY OWNER: Ci �p y � /�� PHONE #: �, S�'� �- ir6 / FEE OWNER: ADDRESS: C r " .-- APPLICANT'S INTEREST IN PROPERTY: FEE OWNER CONTRACT PURCHASER LEASE HOLDER OPTION TO PURCHASE J DESCRIPTION OF REQUEST: / 47— . 7i42-71 - A AiiteR REASON FOR REQUEST: r / Ce�4/, � + Yl 4 -° 5 f - '4, A/2 n _7, i% I have read the attached Ordinance #4, Page 13 "Variance ", Pages 55 -62, Division 185: Variances, Section 185 - 010: Board of Appeals and Adjustments, Section 185 - 020: Variance Procedures, and Section 185 - 030: Variance Appeal Procedures. I was also presented with that Section of Ordinance #4 that I may /may not be incompliance with and fully understand that if' I am denied the ramifications of same. By paying the above stated fee, I understand that no refunds will be issued in full or . part, at any : me/ even if the outcome is de • 1. , j f% Signa - of A ppli ant S' 4; ,,..4.-P-o -rty Owner Date 1 18 1 �� V crwrt aineG Ac . `. y A l {� .n 7 g g _ raw ' 41 lir a. i� i d L t . j jjju j QUEBEC STREET m v. 6 1613 1E3e ( 1842 1W law 1862 1n0 ins _ 73RD STREET i! '3 I RIE g 1 2 3 s 5 a 7 e Q s ` N 4 . ® . O le i3 1 4 13 �+ILY{, �j{1 10 Y 31 T/ M14 N T le]5 �� -. Oa 3 < 2 w .� ra �� 18 73RD 1 STREET YflM19 leas 18 _ t_ �— ® ®1111" t d�� is S n J TIE W as a� 4+ ' E s AR { 7,- e ° U 111111111 .DRIVE 1 72N0 7/2 STREET PRAIRIE ,® 15 MI WSW STEVEN LANE M Marra ` i ®' MM VI g 1• -1 pux , 72ND STREET i n il Imp Art IN >� . e i iiiiiiiigaid.1: e 4 rippoia © z � '-�® t � �[�" Z ©.r 8 .. ) ,..:- M �^ � Z ©4 s a aa � ® HAYEIcw ROAD : ' _ l 2 lmo me 15424 ® � O < 5 -� CARDINAL 1'IV � d t n � i S ROBIN rat `4 thamil®g N r© MINA f ® ` . V K • HOULE ® a S u 1806 aR � � !� m E 41 d� J Alf q , 1 101' i' m a a II 1 7 .. �� ileiiiiiiiii 1ffi tt ;py � 1 >' I 0 $ - =MIME 1690 1 �� w` T k Zi , f a gs► O. • - le r n +-,� r� iRAt V , z R I , I 1 littill 1 .0.7 12 4"/ 1 1 ! ts col r \ . B / . ,IB Ix J, p -roNEER __ zt MrMs FirstName LastName Addressl City State PostalCode Ms. Susan Rehbein or 7067 Brian Centerville MN 55038 Current Drive Owner Mr. & Jerry Peterson or 7080 Brian Centerville MN 55038 Mrs. Current Drive Owner Mr. & Desmond Englund or 7081 Brian Centerville MN 55038 Mrs. Current Drive Owner Mr. & Roger Edgett or 7087 Brian Centerville MN 55038 Mrs. Current Drive Owner Mr. & Kevin Fogarty or 7088 Brian Centerville MN 55038 Mrs. Current Drive Owner Mr. Sc Gary Wilson or 7094 Brian Centerville MN 55038 Mrs. Current Drive Owner Mr. & John Herdina or 7095 Brian Centerville MN 55038 Mrs. Current Drive Owner Mr. & Craig Ryan or 7098 Brian Centerville MN 55038 Mrs. Current Drive Owner Mr. & Scott Tuominen or 7111 Brian Centerville MN 55038 Mrs. Current Drive Owner Mr. & Durk Berrisford or 7112 Brian Centerville MN 55038 Mrs. Current Drive Owner Mr. & Scott Bloom or 7119 Brian Centerville MN 55038 Mrs. Current Drive Owner Mr. & Ian Pickell or 7122 Brian Centerville MN 55038 Mrs. Current Drive Owner Mr. & Dennis Kerschner 7125 Brian Centerville MN 55038 Mrs. Drive Mr. Ms. Lisa or Current 7130 Brian Centerville MN 55038 ' Douglas Dorner Owner Drive Miner & Mr. & David Perkins or 7131 Brian Centerville MN 55038 Mrs. Current Drive Owner Mr. Robert Wright Jr. or 7137 Brian Centerville MN 55038 Current Drive Owner Mr. Eugene Faul or 7138 Brian Centerville MN 55038 Current Drive Owner Mr. & William Bachmeier 7143 Brian Centerville MN 55038 Mrs. or Current Drive Owner Mr. John Kish or 7146 Brian Centerville MN 55038 Current Drive MrMs FirstName LastName Addressl City State PostalCode Owner Mr. & Eric Hanson or 7149 Brian Centerville MN 55038 Mrs. Current Drive Owner Mr. & Gregory Kieselhorst 7155 Brian Centerville MN 55038 Mrs. or Current Drive Owner Mr. Thomas Makelke or 7156 Brian Centerville MN 55038 Current Drive Owner Mr. & Paul Thell or 7163 Brian Centerville MN 55038 Mrs. Current Drive Owner Mr. James Hesketh or 7117 Brian Centerville MN 55038 Current Way Owner Mr. Bruce Nelson or 7123 Brian Centerville MN 55038 Current Way Owner Mr. & Paul Racchini or 7126 Brian Centerville MN 55038 Mrs. Current Way Owner D.L. J.L. Feickert or Current 7129 Brian Centerville MN 55038 Mosher Owner Way Shawn Akervik or 7135 Brian Centerville MN 55038 Current Way Owner Mr. & John Cashman or 7141 Brian Centerville MN 55038 Mrs. Current Way Owner Mr. & John Korth 7028 Centerville MN 55038 Mrs. Eagle Trail Mac or Current 7032 Centerville MN 55038 May Owner Eagle Trail Homes, Inc. Mr. & Matthew Stien or 7040 Centerville MN 55038 Mrs. Current Eagle Trail Owner Mr. & Richard Terway or 7042 Centerville MN 55038 Mrs. Current Eagle Trail Owner Mr. & Steven Matson 7044 Centerville MN 55038 Mrs. Eagle Trail Mr. & Douglas Porter or 7046 Centerville MN 55038 Mrs. Current Eagle Trail Owner Mr. & Alex Hamemick 7050 Centerville MN 55038 Mrs. or Current Eagle Trail Owner Current Owner 1826 Centerville MN 55038 Houle MrMs FirstName LastName Addressl City State PostalCode Circle Mr. Brian Beert or 1829 Centerville MN 55038 Current Houle Owner Circle Mr. & Michael Noble or 1832 Centerville MN 55038 Mrs. Current Houle Owner Circle Ms. Anne Johnson or 1835 Centerville MN 55038 Current Houle Owner Circle Mr. Joseph Juneski or 1841 Centerville MN 55038 Current Houle Owner Circle Mr. Keith Jensen or 1844 Centerville MN 55038 Current Houle Owner Circle E.J. D.S. Current 1850 Centerville MN 55038 Freese & Melander or Owner Houle Circle Current Owner 1825 Main Centerville MN 55038 Street Mr. & Richard Robischon 1832 Main Centerville MN 55038 Mrs. or Current Street Owner Mr. & Dean Lauderbaugh 1844 Main Centerville MN 55038 Mrs. or Current Street Owner Current Owner 1845 Main Centerville MN 55038 Street Current Owner 1849 Main Centerville MN 55038 Street Current Owner 1851 Main Centerville MIN 55038 Street Current Owner 1853 Main Centerville MN 55038 Street Current Owner 1855 Main Centerville MN 55038 Street Current Owner 1857 Main Centerville MN 55038 Street Mr. & Lren Clobes or 1858 Main Centerville MN 55038 Mrs. Current Street Owner Current Owner 1859 Main Centerville MN 55038 Street Mr. & Tom Schlavin 1862 Main Centerville MN 55038 Mrs. Street City of Centerville 1880 Main Centerville MN 55038 Street Current Owner 1863 Main Centerville MN 55038 Street Mr. & Bruce Luikart or 7130 Centerville MN 55038 Mrs. Current Peterson Owner Trail Mr. & Mark Spehar or 7138 Centerville MN 55038 I MrMs FirstName LastName Addressl City State PostalCode Mrs. Current Peterson Owner Trail Mr. & Steven Gurtin or 7142 Centerville MN 55038 Mrs. Current Peterson Owner Trail Mr. David Ugro or 7146 Centerville MN 55038 Current Peterson Owner Trail Mr. & Jeffrey Turner or 7151 Centerville MN 55038 Mrs. Current Peterson Owner Trail Mr. & Darryl Kohls or 7154 Centerville MN 55038 Mrs. Current Peterson Owner Trail Mr. Bradley Dixon or 7159 Centerville MN 55038 Current Peterson Owner Trail Mr. Ms. Lenae Current 7162 Centerville MN 55038 Donovan Wagner or Owner Peterson Pohl & Trail Ms. Jennifer Doyle or 7164 Centerville MN 55038 Current Peterson Owner Trail Mr. & Jeffery Garrett or 7167 Centerville MN 55038 Mrs. Current Peterson Owner Trail Mr. Russell James or 7112 Shad Centerville MN 55038 Current Avenue Owner Mr. & John Peterson or 7122 Shad Centerville MN 55038 Mrs. C Avenue Owner Mr. & Jerome Engler or 7127 Shad Centerville MN 55038 Mrs, Current Avenue Owner Mr. & Eric Bowman or 7130 Shad Centerville MN 55038 Mrs, Current Avenue Owner Current Owner 7133 Shad Centerville MN 55038 Avenue Ms. Joyce Greene or 7135 Shad Centerville MN 55038 Current Avenue Owner Ms. Margaret Reber or 7138 Shad Centerville MN 55038 Current Avenue Owner Mr. & James Bigelow or 7143 Shad Centerville MN 55038 Mrs. Current Avenue Owner Mr. & Raymond Newbauer or 7146 Shad Centerville MN 55038 Mrs. Current Avenue Owner Mr. & Jeffery Siede or 7151 Shad Centerville MN 55038 Mrs. Current Avenue Owner MrMs FirstName LastName Addressl City State PostalCode Mr. & David Knoll or 7154 Shad Centerville MN 55038 Mrs. Current Avenue Owner Mr. & James Merrill or 7159 Shad Centerville MN 55038 Mrs. Current Avenue Owner Mr. Richard Grape or 7162 Shad Centerville MN 55038 Current Avenue Owner Mr. & Allen Wyker or 7167 Shad Centerville MN 55038 Mrs. Current Avenue Owner Mr. & David Lutz or 7170 Shad Centerville MN 55038 Mrs. Current Avenue Owner center7ne or ?eferscn Trcfl 200 1 ....................--.-1/2....a. -- -� ass.... — ��. -- m ( 1 c () 1 D 1 Z 1N 1 ✓ 0 0 0 ( , U 6 1 ■ , 1N '' ( a ! 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A2 MEMO DATE : December 8, 2000 TO : Honorable Mayor and Council FROM: Jim March RE : Contract renewals Included in your packet are a number of contracts that the City needs to renew on an annual basis. If you have any questions about any of the contracts, we can table that respective contract until the next Council meeting. If you have any questions about any of the contracts, feel free to contact me before the meeting. .NOV 2 p 200b • ABDO ABDO wi EICK& A � _ MEYERS Certified Pub& Accountants & Consultants November 9, 2000 7241 Ohms Lane Suite 200 Minneapolis, MN 55439 Honorable Mayor and City Council '0 L 9 N T py City of Centerville CO vv 11 Centerville, Minnesota We are pleased to confirm our understanding of the services we are to provide the City of Centerville for the year ended December 31, 2000. We will audit the general purpose financial statements of the City of Centerville as of and for the year ended December 31, 2000. Audit Objectives The objective of our audit is the expression of an opinion as to whether your general purpose financial statements are fairly presented, in all material respects, in conformity with generally accepted accounting principles. Our audit will be conducted in accordance with generally accepted auditing standards and the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States, and will include tests of the accounting records of the City of Centerville and other procedures we consider necessary to enable as to express such an opinion. If our opinion on the general purpose financial statements is other than unqualified, we will fully discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed an opinion, we may decline to express an opinion or to issue a report as a result of this engagement. We will also provide reports (that do not include opinions) on internal control related to the financial statements and compliance with laws, regulations, and the provisions or grant agreements, noncompliance with which could have a material effect on the financial statements as required by Government Auditing Standards. Management Responsibilities Management is responsible for establishing and maintaining internal control and for compliance with laws, regulations, contracts, and agreements. In fulfilling this responsibility, estimates and judgments by management are required to assess the expected benefits and related costs of the controls. The objectives of internal control are to provide management with reasonable, but not absolute, assurance that assets are safeguarded against loss from unauthorized use or disposition, that transactions are executed in accordance with management's authorizations and recorded properly to permit the preparation of general purpose financial statements in accordance with generally accepted accounting principles. Management is responsible for making all financial records and related information available to us. We understand that you will provide us with such information required for our audit and that you are responsible for the accuracy and completeness of that information. We will advise you about appropriate accounting principles and their application and will assist in the preparation of your financial statements, but the responsibility for the financial statements remains with you. That responsibility includes the establishment and maintenance of adequate records and effective internal control over financial reporting, the selection and application of accounting principles, and the safeguarding of assets. 612.835.9090 • Fax 612.835.3261 . O City of Centerville , l November 9, 2000 Page Two Audit Procedures— General An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the fmancial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. We will plan and perform the audit to obtain reasonable rather than absolute assurance about whether the financial statements are free of material misstatement, whether caused by error or fraud. Because of the concept of reasonable assurance and because we will not perform a detailed examination of all transactions, there is a risk that a material misstatement may exist and not be detected by us. In addition, an audit is not designed to detect errors, fraud, or other illegal acts that are immaterial to the general purpose financial statements. However, we will inform you of any material errors and any fraud that comes to our attention. We will also inform you of any other illegal acts that come to our attention, unless clearly inconsequential. Our responsibility as auditors is limited to the period covered by our audit and does not extend to matters that might arise during any later periods for which we are not engaged as auditors. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories, and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, creditors, and financial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will also require certain written representations from you about the fmancial statements and related matters. Identifying and ensuring that the City complies with laws, regulations, contracts, and agreements is the responsibility of management. As part of obtaining reasonable assurance about whether the general purpose financial statements are free of material misstatement, we will perform tests of the City's compliance with applicable laws and regulations and the provisions of contracts and agreements. However, the objective of our audit will not be to provide an opinion on overall compliance and we will not express such an opinion. Audit Procedures— Internal Controls In planning and performing our audit, we will consider the internal control sufficient to plan the audit in order to determine the nature, timing, and extent of our auditing procedures for the purpose of expressing our opinion on the City's general purpose financial statements. We will obtain an understanding of the design of the relevant controls and whether they have been placed in operation, and we will assess control risk. Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to the general purpose financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the general purpose financial statements. Our tests, if performed, will be less in scope than would be necessary to render an opinion on internal control and, accordingly, no opinion will be expressed. An audit is not designed to provide assurance on internal control or to identify reportable conditions. However, we will inform the governing body or audit committee of any matters involving internal control and its operation that we consider to be reportable conditions under standards established by the American Institute of Certified Public Accountants. Reportable conditions involve matters coming to our attention relating to significant deficiencies in the design or operation of the internal control that, in our judgment, could adversely affect the entity's ability to record, process, summarize, and report financial data consistent with the assertions of management in the general purpose financial statements. �� of Centerville November 9, 2000 VII City ' Page Three Audit Administration, Fees, and Other We understand that your employees will prepare all cash or other confirmations we request and will locate any invoices selected by us for testing. The workpapers for this engagement are the property of Abdo, Eick & Meyers, LLP and constitute confidential information Our fee for these services will be at our standard hourly rates plus out -of- pocket costs (such as report reproduction, typing, postage, travel, copies, telephone, etc.) except that we agree that our gross fee, including expenses, will not exceed $8,000. Our standard hourly rates vary according to the degree of responsibility involved and the experience level of the personnel assigned to your audit. Our invoices for these fees will be rendered each month as work progresses and are payable on presentation. The above fee is based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. If significant additional time is necessary, we will discuss it with you and arrive at a new fee estimate before we incur the additional costs. Government Auditing Standards require that we provide you with a copy of our most recent quality control review report. Our 1998 peer review report accompanies this letter. We appreciate the opportunity to be of service to the City and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us. Sincerely, ABDO, EICK & MEYERS, LLP Certified Public Accountants � 4 Steven R. McDonald, CPA RESPONSE: This letter correctly sets forth the understanding of the City of Centerville. Signature: Title: Date: BKILLSCHILLING LID. CONSULTANTS AND CERTIFIED PUBLIC ACCOUNTANTS bean R. Age; CB1 Thomas L• Sykes, OR Michael S Almtan,CFA • William]. Gravelle, CPA Deborah]. Medlin, CPA Dada R Benoit, CE1 • • • r January 14, 1999 • To the Partners • Abdo, Abdo, Eick & Meyers, LLP • • We have reviewed the system of quality control for the accounting and auditing practice of Abdo, Abdo, Eick & Meyers, LLP (the firm) in effect for the year ended April 30, 1998..Our review was conducted in conformity with standards established by the Peer Review Board of the American Institute of Certified Public Accountants ( AICPA). We tested compliance with the firm's system of quality control to the extent we considered appropriate. -These tests included a review of selected accounting and auditing engagements. In performing our review, we have given consideration to the quality control standards for an accounting and auditing practice issued by the AICPA. Those standards indicate that a firm's quality control policies and procedures should be appropriately comprehensive and suitably designed in relation to the firm's size, organizational structure, operating policies and the nature of its practice. They state that variance in an individual's performance and understanding of professional requirements or the firm's quality control policies and procedures can affect the degree of compliance with a firm's prescribed quality control. • policies and procedures and, therefore, the effectiveness of the system. In our opinion, the system of quality control for the accounting and auditing practice of Abdo, Abdo, Eick & Meyers, LLP in effect for the year ended April 30, 1998, has been designed in accordance with the quality control standards for an accounting and auditing practice established by the AICPA and was being complied with for the year then ended to provide the firm with reasonable assurance of conforming with professional standards in the conduct of that practice. • • 600 Nor est Center • 230 \Vest Superior Street • Duluth, MN 558021953 • Phone 218.7224705 • Fax 218.7 22.8599 807 Cloquet Avenue • Cloquet MN 557201677 • Phone 218.879.1503 - Fax 218-879-6240 " ti1::)1cnm NOV 1 3 2000j off'' e9t t Anoka County PARKS of Parks & Recreation C� 550 Bunker Lake Boulevard NW • Andover, Minnesota 55304 Telephone (612) 757 -3920 • FAX (612) 755 -0230 John K. VonDeLinde Director November 8, 2000 Mr. Jim March City Administrator City of Centerville 1880 Main Street Centerville, MN 55038 -9794 Re: Anoka County Contract #2000 -0178 - Joint Powers Agreement for Regional Trail Dear Mr. March: • Please find enclosed a copy of the joint powers agreement for cooperative regional trail connection maintenance. The Parks and Recreation Committee reviewed the agreement at their November 7 meeting (yesterday) and is recommending to the County Board entering into it. The County Board will next meet on November 28"'. If you have any questions /comments regarding the agreement, feel free to contact me at 763 - 767 -2865. Thank you. S Ron Cox Park Planner Enclosures (1) cc: John VonDeLinde, Director of Parks and Recreation Josef Gonko, Admin Ops / IT Manager Contract File #2000 -0178 Affirmative Action / Equal Opportunity Employer Anoka County Contract No. 2000- O /7$ JOINT POWERS AGREEMENT FOR REGIONAL TRAIL THIS AGREEMENT is entered into this 1st day of January, 2001, by and between the County of Anoka, a political subdivision of the State of Minnesota, Anoka County Government Center, 2100 Third Avenue, Anoka, Minnesota 55303, hereinafter referred to as the "County," and the City of Centerville, a municipal corporation of the State of Minnesota, 1880 Main Street, Centerville, Minnesota 55432, hereinafter referred to as the "City." WITNESSETH: WHEREAS, the Minnesota Legislature and the Metropolitan Council have delegated to the County the responsibility of implementing a regional trail facility within the County to be known as Rice Creek Chain of Lakes Regional Park Reserve Trail Corridor; and WHEREAS, through study and evaluation, the County has developed a park development plan known as the Rice Creek Chain of Lakes Regional Park Reserve Master Plan; and WHEREAS, the City is and will be constructing and maintaining recreational city trails entering the Rice Creek Chain of Lakes Regional Park Reserve connecting to the main regional trail, the locations of which are shown on Exhibit A, which is attached hereto and incorporated herein; and WHEREAS, residents of the County and the City will use these trails, owned by the City, for recreational outings; and WHEREAS, these trails adjoin the Rice Creek Chain of Lakes Regional Park Reserve Trails; and WHEREAS, the greatest number of users of Rice Creek Chain of Lakes Regional Park Reserve come from outside the City and are residents of the metropolitan region; and WHEREAS, the Rice Creek Chain of Lakes Regional Park Reserve redevelopment increased the number of park users. C WHEREAS, Minn. Stat. § 471.59 authorizes political subdivisions of the State of Minnesota to enter into joint powers agreements for the joint exercise of powers common to each. NOW, THEREFORE, IT IS MUTUALLY STIPULATED AND AGREED: I. PURPOSE The parties hereto agree that they have joined together for the purpose of promoting the efficient redevelopment of the park including trails and City trail connections to the Rice Creek Chain of Lakes Regional Park Reserve to serve the recreational needs and interests of park users. II. INTENT It is the intent of this Agreement to outline the responsibilities of the City and the County in the areas of maintenance of the local city trail connections within the Rice Creek Chain of Lakes Regional Park Reserve boundary. III. RESPONSIBILITIES A. County Responsibilities: On the property identified in the attached exhibit as being subject to County management, the County shall have the following responsibilities: 1. To provide routine maintenance, repairs, and upkeep on a scheduled basis by the County Parks and Recreation Department of the main regional trail corridor within the Rice Creek Chain of Lakes Regional Park Reserve, at a minimum according to the guidelines of the County Parks and Recreation Department. 2. To provide proper identification signs for the trail. 3. Where appropriate, to provide and install posts and trip -down posts with locks where city trails enter onto the Rice Creek Chain of Lakes Regional Park Reserve property. B. City Responsibilities: On the property identified in the attached exhibits as being subject to City maintenance, the City shall have the following responsibilities: -2- a 1. Pay for I00% share in cost of sign posts, signs, posts, and trip -down posts on city trails that enter into and on Rice Creek Chain of Lakes Regional Park Reserve property. Installation shall be by the County. 2. On City trails within the Rice Creek Chain of Lakes Regional Park Reserve, mowing every two weeks three feet back of bituminous trail edges. 3. Sweeping City trail connections within the Rice Creek Chain of Lakes Regional Park Reserve each spring and fall and whenever needed for trail user safety. 4. Removing any overhanging branches on City trail connections within the Rice Creek Chain of Lakes Regional Park Reserve to a minimum of ten -foot overhead clearance from trail surface and three feet back on each side. 5. Coordinating with County on the removal of any dead or downfall trees that affect safe use of the City's connection trails within the Rice Creek Chain of Lakes Regional Park Reserve boundary. 6. Removing any litter from the City's connection trails in a timely manner. 7. Crack - sealing or seal- coating City trail connections within the Rice Creek Chain of Lakes Regional Park Reserve boundary every five (5) years. 8. Repairing, when needed, any trail potholes and adjacent erosion problems for trail user safety on City trails within the Rice Creek Chain of Lakes Regional Park Reserve boundary. 9. Reporting to County any missing trail signs so replacement can be made in a timely manner. Replacement shall be at the City's expense. 10. If County removes snow from main trail, City shall also remove snow from City trails within the Rice Creek Chain of Lakes Regional Park Reserve boundary. -3- e , IV. CAPITAL IMPROVEMENTS Any development plans for future trails connecting to and entering the Rice Creek Chain of Lakes Regional Park Reserve or additional regional trails within the park shall be discussed between the City and County for review and agreement prior to construction. V. INDEMNIFICATION The City and the County mutually agree to indemnify and hold harmless each other from any claims, losses, costs, expenses or damages resulting from the acts or omissions of the respective officers, agents, or employees relating to activities conducted by either party under this Agreement. VI. POLICE AND FIRE PROTECTION The City shall provide normal police and fire protection consistent with the level of normal service provided to the general public in the City. The County agrees to furnish park patrol personnel for the safety and well -being of the trail users and protection of the facilities in accordance with the practices and limitations of the County Parks and Recreation Department. VII. ORDINANCE The property described herein, known as Rice Creek Chain of Lakes Regional Park Reserve, shall be governed by Anoka County Ordinance No. 2000 -1, an Ordinance Regulating County Parks, a copy of which is attached hereto as Exhibit_B and hereby made a part hereof by reference. VIII. DEFAULT If either party fails to perform any of its responsibilities as outlined herein, within 48 hours after written notification by the other party hereto, the other party may perform the task and charge the defaulting party the reasonable value of such services. -4- IX. TERMINATION This Agreement may be terminated by either party at any time, but only with cause, upon 365 days written notice, delivered in person, or by mail, to the other party. For purposes of delivering such notice, the addresses of the parties are set forth above in this Joint Powers Agreement. Prior to termination of this Agreement, the City and the County shall establish a new agreement setting forth the conditions by which the trail shall continue to be maintained, for such period of time as the Rice Creek Chain of Lakes Regional Park Reserve Trail is in use by the general public. X. SEVERABIL1TY The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of this Agreement is for any reason held to be contrary to law, or contrary to any rule or regulation having the force and effect of law, such decision shall not affect the remaining portions of this Agreement. XI. EFFECTIVE DATE This Agreement shall become effective upon the signature of all duly authorized parties. -5- k , IN WITNESS WHEREOF, the parties hereto have executed this Agreement. COUNTY OF ANOKA CITY OF CENTERVILLE By: By: Dan Erhart, Chairman Anoka County Board of Commissioners Its: Dated: Dated: ATTEST By: By: John "Jay" McLinden County Administrator Its: Dated: Dated: APPROVED AS TO FORM By: By: Dan Klint Assistant County Attorney Its: Dated: Dated: dk\contract \2000 \centerville- regtrail jpa (10/18/00) (based on Parks Dept. format) -6- 1 I -35E P• I -35E L a G ' O aiU D re o Oi CENTERVILLE ROAD ww J Q ♦— J / a 3 � I J W4 « N C w W o . -' I WQ OWO H —O r,..o 1111 w< _ I I a p Z N NY OJ w W N n o N m a a Q /� I� F �'' i d< 4 Ir r N vi W o LLI s J I . .I fq f 00 L = f0 N O °� „w J ••• A N N o Cr C z� ♦• �:� WW� p m r ♦ ��a rt 'H � • d 0 _ Q co — - I QY ) L .� 111 _ T ♦ O » W Li] ill M 1 dl K Ill m W W Ui' K LU CO W < z STATE HIGHWAY 49 v 7 Y _ W W ct o ?.§ / • % ...t . ..1 V F JJ W 82 Q U OQ W Z • Q � a o�; Et J G r w L - 0 w^ W J z 3~ o N o 0 W 0, W �. W p w a .J r � aLL O SD ..... • d • U O O J & a of N F- a v = i 0 W .., W II 0 d a W I1 N 8 LEXINGTON AVE EXHIBIT B (� Regulating Parks in the Anoka County Park System ORDINANCE #2000 -1 Adopted by County Board Action on March 14, 2000 COUNTY OF ANOKA Anoka County, Minnesota AN ORDINANCE REGULATING PARKS IN THE ANOKA COUNTY, MINNESOTA, PARK SYSTEM REPEALING ORDINANCE #97 -1 • 1- I INDEX SECTION 7 AMUSEMENT CONTRAPTIONS 29 • SECTION 8 UNLAWFUL OCCUPANCY 29 SECTION 9 ENGINE - POWERED MODELS AND TOYS 29 CHAPTER I PURPOSE, AUTHORITY, DEFINITIONS SECTION 1 PURPOSE 1 CHAPTER V PROTECTION OF PROPERTY, STRUCTURES SECTION 2 POLICY 1 AND NATURAL RESOURCES SECTION 3 AUTHORITY 2 SECTION 1 DISTURBANCE OF NATURAL FEATURES 30 SECTION 3A REPEALER 2 SECTION 2 DISTURBANCE OF VMLDUFE 30 SECTION 4 DEFINITIONS 3 SECTION 3 DESTRUCTION / DEFACEMENT OF PARK 31 PROPERTY / SIGNS CHAPTER 11 REGULATION OF PUBLIC USE SECTION 4 RELEASE OF HARMFUL OR FOREIGN 32 SECTION 1 PARK HOURS 11 SUBSTANCE SECTION 2 PERMITS 11 SECTION 5 INTERFERENCE OF PARK PROPERTY 32 SECTION 3 USE FEE, FAILURE TO PAY 12 SECTION 4 VEHICLE ENTRY PERMITS 12 CHAPTER VI REGULATION OF RECREATIONAL ACTIVITY SECTION 1 CAMPING 33 CHAPTER III REGULATION OF GENERAL CONDUCT - SECTION 2 PICNICKING 34 PERSONAL BEHAVIOR SECTION 3 SWIMMING / BEACHES / AQUATIC 34 SECTION 1 DRUG AND ALCOHOL USE 13 - FACILITIES SECTION 2 GAMBLING 15 SECTION 4 SCUBA DIVING AND SNORKELING 36 SECTION 3 PUBUC NUISANCE / PERSONAL 15 SECTION 5 BOATING 37 CONDUCT SECTION 6 FISHING 38 SECTION 4 PROPERTY OF OTHERS 20 SECTION 7 HORePRRCK RIDING 39 SECTION 5 LI I I tHING / DUMPING 20 SECTION 8 BICYCUNG - 39 SECTION 6 POSSESSION AND USE OF FIREARMS / 21 SECTION 9 SNOWMOBILING 40 DANGEROUS WEAPONS / FIREWORKS f 1 SECTION 10 CROSS - COUNTRY SKIING 42 HUNTING I SECTION 11 OTHER VNNTER ACTIVITIES 43 SECTION 7 INTERFERENCE WITH EMPLOYEE 21 SECTION 12 GOLFING 43 PERFORMANCE OF DUTY SECTION 13 ROLLER SKATING / IN-UNE SKATING 43 CHAPTER IV REGULATIONS PERTAINING TO GENERAL s CHAPTER VII REGULATION OF MOTORIZED VEHICLES, PARKLAND OPERATION TRAFFIC AND PARKING SECTION I COMMERCIAL USE / SOLICITATION / 23 SECTION 1 MOTORIZED RECREATION VEHICLES 45 ADVERTISING / PHOTOGRAPHY SECTION 2 VEHICLE OPERATION 45 SECTION 2 PETS IN PARKS 24 SECTION 3 PARKING VEHICLES 46 SECTION 3 NOISE / AMPUFICATION OF SOUND 25 SECTION 4 MAINTENANCE OF PERSONAL 47 SECTION 4 FIRES 27 VEHICLES SECTION 5 AVIATION 28 SECTION 6 ASSEMBLY MEETINGS. SPEECHES, 28 CHAPTER VIII ENFORCEMENT DEMONSTRATIONS REUGIOUS 1 SECTION 1 OFFICER AUTHORITY 48 SERVICES, PARADES SECTION 2 FINES AND PENALTIES 46 CHAPTER I PURPOSE / AUTHORITY / DEFINITIONS SECTION 3 ADDITIONAL RULES AND REGULATIONS 49 SECTION 4 IMPOUNDMENT OF PETS 49 SECTION 5 PERMIT REVOCATION 49 S ection 1 Purpose 6 EMPLOYEE PERFORMANCE OF DUTY 49 rP ose SECTION 7 CLOSING OF PARKWAYS 50 CHAPTER IX MISCELLANEOUS The purpose of the Anoka County Parks and Recreation SECTION 1 CONFLICT 51 Department is to provide parks, open space and leisure SECTION 2 ENACTMENT 51 services for the public. The primary mission is to protect, SECTION 3 REPEALER 51 preserve and restore a natural, resource based park SECTION 4 CAPTIONS AND HEADINGS 51 SECTION 5 SEVERABILITY 52 system. In accomplishing that mission, the Department SECTION 6 AMENDMENTS 52 seeks to preserve, enhance and interpret natural resources CHAPTER X EFFECTIVE DATE 53 and wildlife and create user - friendly facilities, programs, services and opportunities for relaxation and enjoyment while promoting leisure well -being with an emphasis on outdoor recreation and nature appreciation. The Department also seeks to provide safe, clean and well maintained facilities to accommodate a broad and diverse population of users so that all users may enjoy the park system. Section 2 Policy In order to accomplish this purpose, the Anoka County Board of Commissioners deems it reasonable, necessary and desirable to provide an ordinance specifying rules and regulations in order to provide: for the safe and peaceful use of parklands; for the education and recreation of the Page 1 of 53 • public; for the protection and preservation of the property, Section 4 Definitions facilities, and natural resources; and for the safety and general welfare of the public. a. "Alcoholic Beverage" includes any intoxicating beverage as defined by Minnesota law and includes beer and wine as further defined in this ordinance. Section 3 Authority b. "Amusement contraptions" means any contrivance, The ANOKA COUNTY BOARD OF COMMISSIONERS, device, gadget, machine or structure designed to test under Minnesota Statutes § 398.31 - 398.35 in performing the skill or strength of the user or to provide the user its primary duty of the acquisition, development and with any sort of ride, lift, swing or fall experience maintenance of parks, wildlife sanctuaries, forest and other including, but not limited to, ball throwing contest reservations, and providing the means for public access to device, pinball type device, electronic videos, animal historic sites, lakes, rivers, streams and other natural ride devices, dunk tank, ball and hammer device, phenomena; is granted full power and authority to acquire trampoline devices and the like. and establish parks and to operate, maintain, protect and improve a park system and conduct a recreational c, "Area" or "areas" means a specified place within a program. As an aid to the accomplishment of these duties, park. the Board is granted the authority to enact ordinances and to declare that the violation thereof shall. be a d. "Barrels" means any various units of volume or misdemeanor. capacity, as a liquid measure of 31 to 42 gallons. e. "Beach" means that part of a body of water and shore Section 3a Repealer designated for swimming. Anoka County Ordinance 97 -1 is hereby repealed. f. "Beer" means any alcoholic malt beverage, including 3.2 beer. g. "Board" means the appointed and elected members Page 2 of 53 Page 3 of 53 of the Anoka County Board of Commissioners. in the employ of the Parks and Recreation - Department. - h. "Case Lot Quantity" means no more than twelve 12- ounce containers or a total of 144 ounces of n. "Glass Container" means any receptacle or holder intoxicating or non - intoxicating alcoholic malt used to contain or transport a liquid. beverage per person per day. This includes "party balls" containing more than 144 ounces. o. "Glue" means any substance that releases vapors and which is used by a person for the purpose of i. "Contractor of the County" means any person or inducing symptoms of intoxication, elation, company contracted by Anoka County to provide excitement, confusion, dizziness, paralysis, irrational specific services. behavior or in any manner changing, distorting or disturbing the balance or coordination of a person's j. "Constitutionally protected rights of expression" audio, visual or mental processes. means a political, religious or other constitutionally protected expression or activity of a non - commercial p. "Hiking" means traveling by foot; i.e., walking, running or non- business character as is specified under the or with an assistive mobility device. United States and Minnesota Constitutions. q. "Keg" means a small cask or barrel containing more k. "Controlled substance" means any drug substance or than 288 ounces of intoxicating or non - intoxicating immediate percussor in schedules 1 through 5 of malt liquor. Minnesota Statutes, Section 152.02. r. "Law Enforcement Officer" meansany "Peace Officer" I. "Director" means the person appointed by the Board licensed by the Board of Peace Officers Standards to serve as the Director of Parks and Recreat of and Training and meeting the definition assigned to it the Anoka County Parks and Recreation system. in Minnesota Statutes, section 626.84, subdivision 1, clause (c). m. "Employee" means any full or part-time regular, temporary, authorized volunteer or seasonal worker s. "Motorized Recreation Vehicle" means any self- Page 4 of 53 Page 5 of 53 propelled, off the road orall- terrain vehicle including, y person" or "Persons" means individuals, firms, but not limited to, snowmobile, mini -bike, amphibious . vehicle, motorcycle, go -cart, trail bike, dune buggy, corporations, societies or any group or gathering whatsoever. motorized skateboard or all-terrain cycle. z. "Pest" means any plant, animal or microorganism that t. "Natural Resources" means all flora and fauna within is determined to be undesirable because it conflicts parks and the physical factors upon which they with park management objectives, creates an depend; including air, water, soil and minerals. annoyance to park guests or has the potential to u- "Park" means any land or water area and all facilities create a health hazard. thereon, under the jurisdiction, control or ownership aa. 'Pesticide" means a chemical or biological substance of Anoka County and designated by the Board as a intended to prevent or destroy a pest, and/or a unit of the Anoka County Parks and Recreation substance to be used as a plant regulator, defoliate system. or a desiccant. Repellents are not considered a v. "Park Ranger" means any regular, temporary, pesticide - seasonal or intermittent employee vested with the bb. "Pet" means any animal that is tamed and authority to enforce the Park Ordinances. domesticated and kept as a companion. w. "Parks and Recreation Department" means an cc. "Pollutant" means any substance, liquid, solid or gas, operating unit of the Anoka County Division of Public which could cause contamination of air, land orwater Services responsible for the acquisition, so as to create or cause a nuisance or render development, programming, operation and unclean or noxious or unpure so as to be actually or maintenance of Anoka County Parks. potentially harmful or detrimental or injurious to public health, safety, welfare or that of wildlife or vegetation. x- "Permit' means the written permission that must be obtained from the Parks and Recreation Department to carry out a given activity. Page 6 of 53 Page 7 of 53 dd. "Possession" - hh_ "Sunrise" means the time of the daily first appearance of the sun above the eastern horizon. Physical Possession: Having a controlled substance on one's person with knowledge of the nature of the ii. "Sunset" means the time of the daily disappearance substance; or, of the sun below the western horizon. Constructive Possession: Having once possessed 11. "Superintendent of Park Rangers" means an a controlled substance, continuing to exercise employee of Anoka County vested by the Board as dominion and control over the substance up to the the Chief Law Enforcement Officer of the Anoka time of arrest, aiding and abetting another in County Parks and Recreation Department The possessing a controlled substance. Superintendent of Park Rangers is a licensed peace officer with the legal authority to enforce state laws ee. Property" means any land, waters, facilities or and park ordinances. possessions of Anoka County designated by the Board as a component of the Anoka County Parks kk. "Trout Pond" means that part of the Anoka County and Recreation system. Parks and Recreation system designated by the Board and recognized by the Department of Natural ff. "Responsible Person" means the parent, guardian or Resources, allowing for legal trout fishing during the person having lawful custody and control of another established trout fishing season. All trout fishing person, including juveniles. requirements as to dates, times, limits and the possession ofa State Trout Stamp must be met. The gg. "Roller Skater" or "Roller Skating" is any person riding use of live minnows is prohibited. or propelling oneself by human power or gravity on wheeled devices that are .worn on a person's feet or II. "Vehicle" means every device in, upon or by which stood upon by a person. Such devices specifically any person or property is or may be transported or include, but are not limited to, roller skates, in -line drawn upon a highway, except devices moved by skates, roller skis, skateboards and scooters. human power or used exclusively upon stationary rails or tracks. Page 8 of 53 I Page 9 of 53 • • mm. :Watercraft " means any contrivance used or CHAPTER 11 REGULAT1ON OF PUBLIC USE designated for navigation on water other than (a) duck boat during the duck hunting season, (b) rice boat during the harvest season or (c) seaplane. Section 1 Park Hours nn. "Wave Pool" means an aquatic recreation facility with a. Parks shall be open to the public daily from 6:00 a.m- artificially created waves. until 30 minutes after sunset. It shall be unlawful for any person to enter or remain in a park at any other oo. "Weapon" means any device including, but not limited time without a use permit or except when the park to, firearms, bows, electronic weapons, slings and area or facility is otherwise designated by the Board pellet or B-B guns from which a shot or projectile of or Director. any type is discharged or propelled by means of an explosive, gas, compressed air or other means. An b. The Director or designee is authorized to close any electronic weapon means a portable device which is park or portion thereof at any time for the protection designed, used or intended to be used, offensively or of park property or for the health, safety or welfare of defensively, to immobilize or incapacitate persons by the public. the use of an electric current. pp. "Wildlife" means any living creature, not human, wild Section 2 Permits by nature, endowed with sensation, power of voluntary motion, including, but not limited to, a. Pemfits shall be required for the exclusive or special mammals, birds, fish, amphibians, reptiles, use of all or portions of park areas, buildings or trails crustaceans and mollusks. or for use of park areas and facilities when they are closed to the public. qq. "Wi means a vinous alcoholic beverage containing not more than 14% alcohol by volume. b. It shall be unlawful for a person to violate any provisions of a permit. Page 10 of 53 Page 11 of 53 • Permits shall be required for any entertainment, CHAPTER III REGULATION OF GENERAL ' tournament, exhibition or special use. CONDUCT - PERSONAL BEHAVIOR I. Issuance of permits for park facilities shall be established through regulations established by the Section 1 Drug and Alcohol Use Director. It shall be unlawful for any person to: Issuance of permits for firewood cutting shall be established through regulations established by the a. Serve, possess or consume any alcoholic beverage Director. within a park in violation of Minnesota Statutes; b. Serve, possess or consume any alcoholic beverage, Section 3 Use Fee, Failure to Pay except beer and wine, unless otherwise authorized by special permit. t shall be unlawful for any person to use, without payment, any facility or area for which a fee is charged, unless the c. Use, manufacture, possess, constructively possess, payment is waived by permit (excluding picnic shelters). sell, give away, barter, exchange, distribute or otherwise transfer any controlled substance, except on a lawful prescription by a person licensed by law Section 4 Vehicle Entry Permits to prescribe and administer controlled substances. It shall be unlawful for any person to enter a park (where a d. Inhale, breathe, or drink or be or become intoxicated vehicle entry permit isrequired) with a motor vehicle without by reason of inhaling, breathing or drinking any appropriately displaying a valid annual or daily entry permit substance defined as °glue ". unless exempted by special permit. e. Sell, barter, fumish or give alcoholic beverages to a person under 21 years of age. Page 12 of 53 Page 13 of 53 • - t ,Purchase or attempt to purchase any alcoholic Section 2 Gambling beverage, if under the age of 21. It shall be unlawful for any person to gamble or participate g. Induce a person under the age of 21 years to in any game of chance for a consideration of items of value; purchase or procure any alcoholic beverage. excepting private social bets not incidental to organized, commercialized or systematic gambling. h. Possess or bring beer or wine into a park in kegs, barrels or case lot quantities without a permit. Section 3 Public Nuisance / Personal Conduct I. Sell, buy, give, receive, possess or consume any beer or wine on county park properties set aside or It shall be unlawful for any person to: designated by the Director as a parking area or parkway, or on county park property that is within 100 a- Intentionally expose his or her genitals, pubic area, feet of said parking areas or parkways or on county buttocks or female breast below the top of the areola, park property that is within 100 feet of a public road. with less than a fully opaque covering while wading, This section shall not prohibit any person from swimming or using any beach or other areas within a conveying any beer or wine from said parkways, park, if live (5) years of age or alder, or parking areas or public roads to park property areas more than 100 feet from said parkways, parking b. Conceal their identity in a public place by means of a areas or public roads. robe, mask or other disguise, unless incidental to amusement or entertainment or weather protection, Consume or display any alcoholic beverage at sites is guilty of a misdemeanor. where the Parks and Recreation Department or it's agent is a licensed vendor of alcoholic beverages, c, For purposes of this ordinance, Minnesota Statutes unless purchased at that site, or authorized by Chapter 609, Sections 609.705, 609.71, 609.713, special permit. 609.715, 609.72, 609.725, 609.74, are hereby incorporated by reference and are listed as follows: Page 14 of 53 Page 15 of 53 • I. 609.705 Unlawful Assembly III. 609.713 Terroristic Threats When three or more persons assemble, each Subdivision 1. Whoever threatens to commit participant is guilty of unlawful assembly, which any crime of violence with purpose to terrorize is a misdemeanor, if the assembly is another or to cause evacuation of a building, 1) With intent to commit any unlawful act by place of assembly or facility of public farce; or transportation or otherwise to cause serious 2) With intent to carry out any purpose in such public inconvenience, or in a reckless disregard manner as to disturb or threaten the public of the risk of causing such terror or peace; or inconvenience may be sentenced to 3) Without unlawful purpose, but the imprisonment for not more than five years. participants so conduct themselves in a disorderly manner as to disturb or threaten Subdivision 2. Whoever communicates to the public peace. another with purpose to terrorize another or in reckless disregard of the risk of causing such II. 609.71 Riot terror, that explosives or an explosive device or When three or more persons assembled disturb an incendiary device is present at a named the public peace by an intentional act or threat place or location, whether or not the same is in of unlawful force or violence to person or fad present, may be sentenced to imprisonment property, each participant therein is guilty of riot for not more than three years. and may be sentenced to imprisonment for not more than one year or to payment of a fine of IV. 609.715 Present at Unlawful Assembly not more than $1,000, or both; or if the offender, Whoever without lawful purpose is present at the or to the offender's knowledge any other place of an unlawful assembly and refuses to participant, is armed with a dangerous weapon leave when so directed by a law enforcement or is disguised, to imprisonment for not more officer is guilty of a misdemeanor. than five years or to payment of a fine of not - more than $10,000, or both. V. 609.72 Disorderly Conduct Subdivision 1. Whoever does any of the Page 16 of 53 Page 17 of 53 '�`a ' ' following in a public or private place, knowing, or 4) A person who derives support in whole or in having reasonable grounds to know that it will, part from begging or as a fortune teller or or will tend to, alarm, anger or disturb others or similar impostor. provoke an assault or breach of the peace, is guilty of disorderly conduct, which is a VII. 609.74 Public Nuisance misdemeanor. Whoever by an act or failure to perform a legal 1) Engages in brawling or fighting; or duty intentionally does any of the following is 2) Disturbs an assembly or meeting, not guilty of maintaining a public nuisance, which is unlawful in its character, or a misdemeanor: 3) Engages in offensive, obscene, or abusive 1) Maintains or permits a condition which language or in a boisterous and noisy unreasonably annoys, injures or endangers conduct tending reasonably to arouse alarm, the safety, health, morals, comfort or repose anger or resentment in others. of any considerable number of members of the public; or VI. 609.725 Vagrancy 2) Interferes with, obstructs or renders Any of the following are vagrants and are guilty dangerous for passage, any public highway of a misdemeanor- or right-of-way, orwaters used by the public; 1) A person, with ability to work, who is without or lawful means of support, does not seek 3) Is guilty of any other act or omission employment, and is not under 18 years of declared by law to be a public nuisance and age; or for which no sentence is specifically 2) A person found in or loitering near any provided. structure, vehicle, or private grounds who is there without the consent of the owner and is unable to account for being there; or 3) A prostitute who loiters on the streets or in a public place or in a place open to the public with intent to solicit for immoral purposes; or • Page 18 of 53 Page 19 of 53 • Section 4 Property of Others Section 6 Possession and Use of Firearms / Dangerous , Weapons / Fireworks / Hunting It shall be unlawful for any person to: It shall be unlawful for any person to: a. Intentionally disturb, harass or interfere with a park visitor's property; or a. Have in their possession, fire, discharge or cause to be fired or discharged across, in or into any portion of b. Leave or store personal property in any park outside a park, any gun or firearm, spear, bow and arrow, of park hours without a permit. crossbow, sling shot, air or gas weapon, or any other dangerous weapon or projectile, except in areas and at times designated by the Board or Director for such Section 5 Littering / Dumping i use, or with a permit; or It shall be unlawful for any person to: b- Possess, set off or attempt to set off or ignite any firecracker, fireworks, smoke bombs, rockets, black a. Deposit, scatter, drop, dispose or abandon in a park: powder guns or other pyrotechnics without bottles, cans, broken glass, hot coals, ashes, authorization from the Board or Director. sewage, waste or other material, except in receptacles provided for such purposes; or . c- Engage in hunting or the taking of wild animals as . defined in Minnesota Statute 97A, subdivisions 55, 47 b. Dispose of any household or yard waste or and 26, within any park, without having a permit from commercial waste in a park. the Board. Section 7 Interference with Employee Performance of Duty It shall be unlawful for any person to impersonate any employee or contractor of Anoka County or interfere with, • Page 20 of 53 Page 21 of 53 • harass or hinder any employee or contractor in the lawful CHAPTER IV - REGULATIONS PERTAINING TO discharge of their duties. GENERAL PARKLAND OPERATION Section 1 Commercial Use / Solicitation / Advertising / Photography It shall be unlawful for any person to: a. Solicit, sell or otherwise peddle any goods, wares, merchandise, services, liquids or edibles in a park except by authorized concession or written permission granted by permit from the Board, the Director or designee; or b. Operate a still, motion picture, video or other camera for commercial purposes in a park without permission granted by the Board, the Director or designee; or • c. Expose, distribute or place any sign, advertisement, notice, poster or display for commercial operation in a park without authorization from the Director or * designee. Page 22 of 53 Page 23 of 53 a park without possessing an appropriate device for Section 2 Pets in Parks cleaning up pet feces and disposing of the feces in a I It shall be unlawful for any person to: sanitary manner, or g. For any person to intentionally abandon or release a: Permit to assist pet, except service dogs trained and certified any animal, living or deceased, within the boundaries to assst persons with disabilities, to enter or be in a of Anoka County Parks; or park except in parking lots, on approved trails, pet exercise and training areas; or h. For any person to intentionally leave any animal in b. Bring a pet into a park, unless in a designated area circumstances likely to endanger the health and and controlled on a leash, or unless in a pet exercise safety of the animal or to disturb, anger, alarm or or training area designated by the Director or annoy other park users. designee. c. Permit a pet to disturb, harass or interfere with any Section 3 Noise / Amplification of Sound park visitor or a park visitor's property, property of a It shall be unlawful for any person to: park employee, contractor of the county, or park wildlife; or a. Install, use or operate or permit the use or operation - d. Tether any animal to a tree, plant, building or park within park boundaries any of the following devices: equipment; or 1) Loudspeaker or sound amplifying equipment e. Operate a dog sled, skijouring device or any other without authorization by permit; or sled / ski equipment pulled by a pet or other animal 2) Radios, tape players, phonographs, television except on designated trails for dog sleds at dates and sets, musical instruments or other machine or times designated by special use permit; or device for the production or reproduction of f. Have custody or control of any dog or domestic pet in sound in such a manner as to be disturbing or a Page 24 of 53 Page 25 of 53 • • nuisance to reasonable persons of normal The standards which shall be considered in sensitivity within the area of audibility without determining whether a violation of the provisions of authorization by permit. this section exists shall include, but not be limited to, the following: b. Willfully make or continue, or cause to be made or continued, any loud, unnecessary or unusual noise 1. level of the noise; which disturbs the peace and quiet within any park or 2. the intensity of the noise; which causes discomfort or annoyance to any 3. whether the nature of the noise is usual or reasonable park visitor of normal sensitivity. unusual; 4. the level and intensity of the background noise, c. Cause any noise which exceeds the decibel (dB) limit if any; as established herein when measured at or within the 5. the type of area within which the noise park's property line, except as authorized by the emanates; Board, Director or designee: 6. the intensity of human use of the area during the time at which the noise emanates; 7. the time of the day or night the noise occurs; DAY NIGHT 8. the duration of the noise; and 7 am. -10 p.m_ 10 p.m. -7am. 9. interpretation of this criteria by assigned staff of PARK USE AREA 10 50 10 - 50 the Parks and Recreation Department shall feet feet feet feet allow, deny or control level of sound amplifying Campgrounds, Nature Centers, 60 55 50 50 equipment by park users. Natural Areas - dB dB dB dB Active Recreation Use Areas 70- 65 70 65 Section 4 Fires dB dB dB dB Special Use Facilities as 60 75 60 75 It shall be unlawful for any person to: Designated by the Board dB dB dB dB a. Start a fire in a park, except in a designated area, and • Page 26 of 53 Page 27 of 53 • • then only in fire rings, portable stoves or grills; or any y Section 7 Amusement Contraptions other use exclusively allowed by permit; It shall be unlawful to bring in, set up, construct, manage or b. Leave a fire unattended or fail to fully extinguish a operate any amusement or entertainment contraption, fire; or device or gadget without a permit. c. Scatter or leave unattended lighted matches, burning tobacco, paper or other combustible material. Section 8 Unlawful Occupancy It shall be unlawful for any person to enter any building, Section 5 Aviation installation or area that may be under construction, locked or closed to public use; or to enter or be upon any building, It shall be unlawful to use park property for a starting or installation or area after the posted closing time, before the landing field for aircraft, hot air balloons, parachutes, hang posted opening time, or contrary to posted notice in any gliders or other flying apparatus, unless otherwise park without a permit. authorized by permit. Section 9 Engine - Powered Models and Toys Section6 Assembly, Meetings, Speeches, Demonstrations, Religious Services, Parades It shall be unlawful for any person to start, fly or use any fuel- powered model aircraft, model boat or model car or It shall be unlawful for any person to conduct public rocket or like- powered toy or model except at those areas meetings, assemblies, worship services, entertainment, or waters designated by the Director for such use, or with parades or demonstrations within a park without a permit. a permit. Page 28 of 53 Page 29 of 53 CHAPTERV PROTECTION OF PROPERTY, b. Release or abandon any animal within a park without STRUCTURES AND NATURAL a permit; or RESOURCES c. Feed any wildlife in a park without permission of the Director. Section 1 Disturbance of Natural Features d. Remove any animal, living or dead, from a park It shall be unlawful for any person to: without a permit and any animal so removed or taken contrary to the provision of this Ordinance or laws of a. Intentionally remove, alter, injure or destroy any tree, the State of Minnesota, shall be considered plant, rock, soil or mineral without a permit; or contraband and subject to seizure and confiscation. b. Dig trenches, holes or other excavations in a park without a permit; or Section 3 Destruction / Defacement of Park Property / Signs c. Introduce any plant or other agent within a park without a permit. It shall be unlawful for any person to: a. Intentionally deface, vandalize or otherwise cause Section 2 Disturbance of Wildlife destruction to park property; or It shall be unlawful for any person to: b. Intentionally deface, destroy, cover, damage or remove any placard, notice or sign, or parts thereof, a. Kill, trap, hunt, remove, harass, annoy, pursue or in whether permanent ortemporary, posted or exhibited any manner disturb or cause to be disturbed, any by the Parks and Recreation Department. species of wildlife, except as permitted in designated areas; or c. Remove any cultural artifacts from any park by any means, except by permit. • Page 30 of 53 Page 31 of 53 • Section 4 Release of Harmful or Foreign Substance CHAPTER VI REGULATION OF RECREATIONAL It shall be unlawful for any person to: ACTIVITY a. Place any debris or other pollutant in or upon any Section 1 Camping body of water in or adjacent to a park or any tributary, stream, storm sewer or drain flowing into such waters; It shall be unlawful for any person to: or a. Camp in a park except in areas provided and b. Release a pesticide in or upon any park land except designated for that purpose; or as permitted by the Board or Director, or b. Camp without a permit issued by the Parks and c. Discharge waste water or any other wastes in a park, Recreation Department; or except into designated containers, drain or dumping c. Occupy camp sites in a park contrary to a permit or stations. otherwise violate provisions of a permit; or Section 5 Interference of Park Property d. Operate any vehicle within a campground during posted curfew hours, except in emergencies; or It shall be unlawful for any person to build an encroaching e. Camp overnight in a park, if under 18 years of age, structure, such as a fence or garden, on park property unless accompanied b pa by parent or legal guardian, or except by authorized permit. possess written authorization from a parent or guardian, or by special permit issued by the Director. f. Camp in a park campground, or any combination of park campgrounds, for more than seven (7) days in a thirty (30) -day period without written permission from the Director or designee. • Page 32 of 53 Page 33 of 53 • T = Section 2 Picnicking aquatic facility; or It shall be unlawful for any person to: b. Wade or swim within a park except in such areas specifically designated by signs and buoys for such a. Assume use ofa picnic shelter if the area is reserved use; and only between the dates and hours posted; by a permitted group; or or b. Conduct picnic activities at reservation picnic sites c. Take glass containers, or glass of any kind, except contrary to a permit or otherwise violate provisions of eye glasses into designated swimming area, beach a permit; or or aquatic facility without approval by the Director or his designee; or c. Conduct picnic activities at a county campground or any designated campsite without the intention of d. Use within a designated swimming beach area, any camping and obtaining a permit to camp. inner tube, fife raft or other inflatable or buoyant object or flotation device intended to support a d. Set up temporary shelters, tents, tarps, canopies and person, except a United States Coast Guard other such devices without authorization by the approved Type 1,11,111, or V personal floatation device Director or designee; or may be used when it is properly secured, of the • proper size, and undamaged. Handicapped persons e. Destroy or remove a permit posted at a park facility. who require use of a floatation device in order to participate in swimming may be exempted from Section 3, paragraph e., by special permission from Section 3 Swimming / Beaches / Aquatic Facilities s the Director or designee; or It shall be unlawful for any person to: e. Throw sand, mud, rocks or any other dangerous objects on the beach or in the water which could a. Fail to obey posted safety rules established by the cause injury to others; or Board or Director at any swimming area, beach or Page 34 of 53 Page 35 of 53 • f. Swim beyond boundary buoys or markers; or Section 5 Boating g. Fish in an area designated for swimming. It shall be unlawful for any person to: a. Launch or land any watercraft upon any waters within Section 4 Scuba Diving and Snorkeling a park except at designated locations and times or by permit; or It shall be unlawful for any person to: b. Leave any watercraft unattended except in a. Scuba dive or snorkel in a park in violation of designated areas; or Minnesota Statutes, Chapter 868 "Water and Watercraft Safety;" or c. Operate any watercraft in a designated swimming area or other prohibited area; or b. Scuba dive or snorkel in a designated swimming area, pool or aquatic facility unless authorized by d. To launch or operate a watercraft in a park in violation permit; or of Minnesota Statutes, Chapter 868 "Waters & Watercraft Safety" or Minnesota Statutes, Chapter c. Scuba dive or snorkel within 100 feet of watercraft 18.317 "Eurasian or Northam Water Milfoil" and access point; or "Zebra Mussels? d. Conduct scuba diving instruction from a park without e. Tow a person on water skis, inner tube or any other a permit. device; or use a surfboard, kneeboard, or jet ski in designated swimming area, boat launching area or other unauthorized area; f. Launch or operate any watercraft in violation of rules and regulations controlling surface water use as established by the Board orMinnesota Department of Page 36 of 53 Page 37 of 53 .Natural Resources; Section 7 Horseback Riding g. Operate a watercraft in such a manner that its wash It shall be unlawful for any person to: or wake will endanger, harass or interfere with any person or property. a. Ride, lead or allow a horse within a park except in designated areas or trails at designated hours; or Section 6 Fishing b. Ride, lead or allow a horse on any hard surface, roadway or trail except at designated trait crossings; It shall be unlawful for any person to: or C. Ride a horse in a reckless manner so as to create a a. Fish in a park in violation of any provisions of nuisance or endanger the safety or property of any Minnesota Statutes, Chapter 97C; or park visitor, or b. Fish in a prohibited area; or d. Tether a horse to a tree, other plant, building or park equipment in situations likely to endanger natural c. Leave any structure, shelter or ice house upon a habitat; or frozen body of water in a park after sunset, except in such areas and times as may be designated by the e. Allow a horse to graze on growing grasses or browse Director, or on seedlings, trees, shrubs or bushes. d. No person shall clean fish and dispose of the remains except at a facility provided by the Parks and Section 8 Bicycling Recreation Department. It shall be unlawful for any person to: a. Operate a bicycle, except on bike trails and roadways Page 38 of 53 Page 39 of 53 -- and except as close to the right -hand side of bike trail designated trails and then only on the right -hand side or roadway as conditions permit; or of the trail; or b. Operate a mountain bike or similar non - motorized b. Operate a snowmobile in a park contrary to rules and cycle except on bike trails and roadways as permitted regulations established by the Director, or in Section A except at areas and times authorized by the Director; or c. Operate a snowmobile in a park in excess of posted speed limits, at a rate of speed greater than c. Operate a bicycle in violation of Minnesota Statutes, reasonable or proper under current condition, or in a Chapter 169, "Minnesota Traffic Code "; or careless, reckless, or negligent manner so as to endanger the person or property of another or to d. Ride or operate a bicycle except in a prudent and cause injury or damage thereto; or careful manner or at a speed faster than is reasonable and safe with regard to the safety of the d. Operate a snowmobile in violation of Minnesota operator and other persons on a trail, or in the Statutes, Section 84.81 - 84.90 "Snowmobile Laws" immediate area; or and Minnesota Rule 6100 "Snowmobile Rules and Regulations" (all rules and regulations therein e. Park or leave a bicycle on any beach, in any county pertaining to 'public land and water' shall apply on building, or in any picnic shelter, or in any other area park property); or where likely to endanger the health and safety of the public. e. Tow another person or thing except through the use of a rigid tow bar attached to the rear of the snowmobile, except in emergencies; or Section 9 Snowmobiling f. Operate a snowmobile in violation of any posted trail It shall be unlawful for any person to: sign. a. Operate a snowmobile in a park except on Page 40 of 53 Page 41 of 53 . - , .Section 1p Cross - Country Skiing Section 11 Other Winter Activities It shall be unlawful for any person to ice skate, sled, coast, During the c ossountry ski season, it shall be unlawful for snowshoe, snowboard or downhill ski in a park in situations t any person to: likely to endanger the user or the natural habitat or except a. Cross - country ski in any park except on designated at designated times and places. trails at designated times; or b. Conduct a race or event on park cross - country ski Section 12 Golfing trails without a permit or Chamonix Golf Course is designated as an area for the c. Cross - country ski in a park jn violation of Minnesota purpose of golfing. All patrons shall abide by the rules and Statutes, 1983 Supplement, Section 85 - "Cross regulations established by the Director and posted at the Country Ski License;" or golf course- d. Use a designated cross - country ski trail for any It shall be unlawful for any person to strike or propel a purpose such as snowboarding, kicksleds, sliding, regulation golf ball, plastic type golf ball, or similar object and skijouring other than cross- country siding except using a golf club or comparable device in any area of a by special permit or on those trails and. times so park not designated for such purpose. designated by the Director; or e. Operate a dog sled or any motorized recreation Section 13 Roller Skating / In line Skating vehicle on cross - country ski trails except by special It shall be unlawful for any person to: permit from the Director or their designee; or f. Cross - country ski on park trails contrary to rules and a. Roller skate in a park, including the activities of regulations issued by the Director or in violation of skateboarding and in -line skating except on paved any posted trail sign. bike /hike trails unless posted otherwise; or • Page 42 of 53 Page 43 of 53 b. Roller skate / in4ine skate in a park except in a CHAPTER VII REGULATION OF MOTORIZED , . prudent and careful manner and at a speed that is VEHICLES, TRAFFIC AND PARKING reasonable and safe with regard to the safety of the operator and other persons in the immediate area; or Section 1 Motorized Recreation Vehicles c. Roller skate / in -line skate except as close to the right -hand side of the authorized trail as conditions It shall be unlawful for any self - propelled vehicle, including, permit or cross to the left of a center line; or but not limited to, motor vehicles as defined in Minnesota Statutes. Chapter 169, other self- propelled vehicles, go- d. Intentionally cause damage to any park facility in the carts, snowmobiles and all - terrain vehicles (ATVs), ortravel act of roller skating or in -line skating. within county parks, except on established roadways, trails or other areas designated for such purpose within said e. Wear roller skates / in -line skates into an enclosed parks except by permit from the Director or designee. park building. Section 2 Vehicle Operation It shall be unlawful for any person to: a. Operate a vehicle at a speed k excess of 25 miles per hour or posted speed limits; or b. Operate any vehicle within a park except upon roadways, parking areas or other designated locations; or c. Operate a vehicle within a park in violation of posted regulations, Minnesota Statutes, Chapter 169, or Page 44 of 53 Page 45 of 53 ' municipal traffic codes, or orders or directions of only, except with handicapped license or permit; or traffic officers or park employees authorized to direct traffic; or d. Park or leave a vehicle without a boat trailer in a parking space designated for vehicles with boat d_ Operate a vehicle in a careless or reckless manner, trailers; or or e. Park a vehicle with a boat trailer except in designated e. Operate a vehicle which emits excessive or unusual boat trailer parking areas. noise, noxious fumes, dense smoke or other pollutants' or Section 4 Maintenance of Personal Vehicles t Fail to yield right -of -way to pedestrians and other trail users. It shall be unlawful for any person to wash, polish, grease, change oil or perform other maintenance an any vehicle on park property except in emergencies orwhen authorized by Section 3 Parking Vehicles the Director or designee. It shall be unlawful to: a. Park or leave a vehicle standing except in a designated area and then only in a manner so as not to restrict normal traffic flow, unless authorized by Director or designee; or b. Leave a vehicle standing after posted closing hours without a valid camping permit or other permit; or c. Park in a space designated for handicapped parking Page 46 of 53 Page 47 of 53 CHAPTER VIII ENFORCEMENT Section 3 Additional Rules and Regulations The Director shall have the right to issue rules and Section 1 Officer Authority regulations relative to this Ordinance. a. Anoka County Sheriff, Superintendent of Park Section 4 Impoundment of Pets Rangers, local police and other peace officers shall P have the authority to enforce the provisions of this ordinance. Anoka County Parks and Recreation Department shall have the authority to impound pets found running at large b. Park Rangers shall, in connection with their and shall collect an impoundment fee plus the per diem fee prescribed duties, diligently enforce the provisions of specified in the contract for impounding of animals which this ordinance and, except as limited by the Director, may be in force between Anoka County and the pound issue warnings and eject from a park, persons acting keeper at that time. in violation of this ordinance. Section 5 Permit Revocation Section 2 Fines and Penalties The Director or his designee shall have the authority to A person guilty of violating any provision of this Ordinance revoke for good cause any permit. Any permit or shall be guilty of a misdemeanor and may be punished by reservation may be revoked upon violation by the permittee a fine and /or by imprisonment. All fines collected under this of any ordinance, rule or regulation of Anoka County. ordinance shall be deposited in the county park fund to the extent authorized by the State of Minnesota or other legally Section 6 Employee Performance of Duty designated authority. Nothing in this Ordinance shall prevent employees or agents of the county from performing their assigned duties. Page 48 of 53 Page 49 of 53 • I ;: ' 'Section 7 "Closing of Parkways CHAPTER IX MISCELLANEOUS The County Parks Director or his Designee shall have the power to close any county park roadway, trail or other area Section 1 Conflict within the county park system provided these areas are not Existing Parks Ordinance and any rules and regulations in part of conflict with this Ordinance, or any parts thereof, are hereby 1. The county highway system, repealed. 2. The county state aid highway system, or 3. A local road system. Section 2 Enactment This Ordinance shall be in full force and effect from and after its passage approval and publication by the Anoka County Board of Commissioners. Section 3 Repealer The enactment of this Ordinance repeals and replaces Anoka County Ordinance #97 -1. Section 4 Captions and Headings The captions and headings used herein are for convenience of reference only and do not define or limitthe contents of each paragraph. Page 50 of 53 Page 51 of 53 Section 5 Severability CHAPTER X EFFECTIVE DATE The provisions of this Ordinance shall be deemed to be severable and the invalidity or unenforceabifity of any This ordinance shall be in full force and effect from and provisions shalt not affect the validity and enforceability of after its passage, by the Anoka County Board of the other provisions hereof. Commissioners and publications according to laws. Passed by the Board of Commissioners of Anoka County, Section 6 Amendments Minnesota, the 14th day of March 2000. This Ordinance may be amended from time to time by the county board and such amendment may be shown by ATTEST: either marking the section amended, attaching the amendment to this Ordinance, reprinting the Ordinance publication, or filling in the below schedule of information. By: John °Jay" McLinden Dan Erhart, its Chairman DATE CHAPTER SECTION TITLE OR County Administrator DESCRIPTION (A chart of the sunset times will be inserted when the ordinance is printed) 4 Page 52 of 53 Page 53 of 53 • ° CHAPTER X EFFECTIVE DATE This ordinance shall be in full force and effect from and after its passage, by the Anoka County Board of b mm ns and plicatioccor to laws. Passed by the Board of Commissioners of Anoka County, 603 Minnesota, the 14th day of March 2000. . , Eg;i 8 2 H 822 606 823 ATTEST: 6. 07 t$ti 6. 08 HHH By ZCN • L flf John "Jay" McLinden Dan Erhart, its Chairman 1111111412111111111 6 :10 County Administrator 4:60 • 8:32 9:00 itimi 9. 01 H hIH 9 :0 1 PM 4:58 5:41 6:19 7:58 8735 - 9:01 111.1.‘MINSISINEZEIPM= MulTiallIMENEMME:L BUZ:IMMO • Ts . 620 Kahl 90'2 9 5 Ilittel 6M2 tfil A 5:00 wit] 8:01 9:02' 9:03 HAMM 5 noel 5:0 11491B11 9,03 Si 9 1111111111tillEfilifil o a f " : tiniEtt 8 8:40 9.:03. 9'1°3 111111111113111111111 5:03 _pi WI 5:04 FIBS el Ell 9:03. 9:02 11111111111111111111 sos 8:08 9:03 Stil 9:02 Sea 507 KIRI 3 hi " 9 anti 9:01 . 4 1911±1 9:04 EiltYi 5:10 Ul hi 904 9 Hifi 6A0 "Nina saritimitihibilit 9:04. tit!' H friBi ENE] . Ei 9:00 9:04 ifradiffittablerie 11111Elitie1 1111111111 IIIMEME1111111111111111t1 Rini 8:50 904 imeing hiesprini PM 8:57 8:20 7 6:29 4:45 4 PM 5:19 6:39 8:52 • =z7 • "IHE4 723 � � siejtiejustrimin 6 r 4:33 oditi 4:40 MINH EIM a �T� H 8:09 439 y 8:50 8: 07 7:09 n" & 0 � i 8:05 7:08 Mai 8:03 7:06rd &02 7 MA' Hai 8:00 7:02 5:09 �� I • T, 700 5: 08 i3:an 5 n 5 :05 H 4.40 PM 8:41 7:53 5:03 4:41 • • • • • • • s - — NOW -30 -00 THU 14:54 .EMBEDDED SYSTEMS. INC. 612 904 0039 P.02 Tel 763.757 -3696 Embedded C-S titem2, J I2C Fax 612 -904 -0039 11931 Highway MN 55434 way 65 NE, Blaine, i3laine, M 55 4 3 To: City of Centerville — Jim March From: Gerald "Jerry Fondie Subject: Emergency Preparedness Date: October 17, 2000 Embedded Systems, Inc. has provided your city with siren maintenance for several years. As you know the siren maintenance pertains specifically b the Receiver /Decoder portions of your emergency warning system. We are offering your city an extension to the csriginal contract at a cost of $32.00 per siren, per month. The cost for this service has been held in check for five years, but due to cost increases passed on to us for electronic components, gas For our service vehicle and higher than expected maintenance expenses, we have to increase the cost by a nominal 8.5 %. The same cost will apply to any new installations made during the above noted time. I have previously advised all cities that Embedded Systems has developed an improved Receiver /Decoder P.C. Board We have just received the third production run of these boards and encourage you to consider upgrading any Receiver /Decoder I boards and /or Decoder 2 boards to the new improved Embedded Decoder board. The cost for a new receiver /decoder board is 5875.00 and we currently have twenty -five (25) in stock. I also want to remind you that if you purchase a new improved decoder board from Embedded Systems, the siren maintenance cost will he reduced by $10,00 per month, per siren, for the first 12 months after installation. The decoder board is the major link from the national weather system and we cannot emphasize enough how important it is to maintain the highest level of quality at this point of the system_ We will extend your siren maintenance service for two additional years upon receipt of this signed document or a copy of it. City Emergency Preparedness Person: Signature Thank you for your immediate attention and response. Sincerely, Gerald "Jerry" Fondie Embedded Systems, Inc, V.P, Sales 1 1► ' NOV 2 2000 CONTRACT FOR ANIMAL CONTROL SERVICES THIS AGREEMENT, entered into this day of 2001, by and between the City of Centerville, 1880 Main Street, Centerville, Minnesota, 55038, hereinafter referred to as the "Municipality", and Otter Lake Animal Care Center, 6848 Otter Lake Road, Hugo, Minnesota 55038, hereinafter referred to as "Otter Lake", regarding the provision of animal control services in the City of Centerville. The parties hereto agree as follows: I. TERM The term of this contract shall be from through II. BASIC SERVICES Otter Lake agrees to provide the following services: 1. Shelter for animals on a 24 hour basis. 2. Pick up animals at sites and transport to the shelter building during normal business hours, seven days per week upon the request of the appropriate Municipal official, 3. Animal examinations and veterinary care as required whenever staff is available, 4. Boarding for up to seven (7) days. 5. Euthanasia and disposal of animals if required. 6. Assist in handling animal abuse/neglect cases in cooperation with Municipal officials when necessary. III. COMPENSATION 1. The Municipality shall pay Otter Lake the following fees: A. IMPOUND FEE: An administration charge of $25.00 per animal for the first day of impound. B. BOARDING FEE: $10,00 per day, per animal, for each day after the first day of impound. C. QUARANTINE FEE: In addition to the regular boarding fee, $4.00 per day, per animal, for all animals which must be quarantined. D. TRANSPORTATION FEE: $25.00 per pick up. E. VETERINARY SERVICE: $40.00 per hour (maximum of $200.00 on any injury charged to the city). F. FLEA DIP: $15.00 per animal. 1 G. EUTHANASIA AND DISPOSAL FEE 0 - 30 lbs. $10.00 31 - 60 lbs. $14.00 61 lbs. and over $18.00 H. VACCINATION FEE None (no vaccinations given), 2. The Municipality will not be charged those costs recovered from pet owners. 3. Charges for services, shall be paid monthly or within thirty (30) days after submission of the monthly claims by Otter Lake to the Municipality. A copy of the impound sheet(s) shall accompany the monthly claims. IV. COMPLIANCE WITH LAWS In providing all services pursuant to this contract, Otter Lake Shall abide by all statutes, ordinances rules and regulations pertaining to or regulating the provision of such services, including those now in effect and hereinafter adopted. Otter Lake shall comply with all requirements of Minn. Stat. 346.37 and shall indemnify and defendant the City against any claimed violation of that statute, or any other statue, ordinance, rule or regulation pertaining to the services provided by Otter Lake. V. AUDIT DISCLOSURE AND RETENTION OF REC -ORDS Otter Lake agrees to make available to duly authorized representative of the Municipality and either the legislative auditor or the state auditor for the purpose to audit examination pursuant to Minn. Stat. 1613.06, any books, documents, papers and records of Otter Lake that are pertinent to Otter Lake's provision of services hereunder. Otter Lake further agrees to maintain all such required records for three (3) years after receipt of final payment and the closing of all other related matters. VI. INSURANCE Otter Lake shall purchase, maintain in full force and effect during the term of this Contract the following insurance coverage: 1. WORKER'S COMPENSATION: Coverage at statutory limits as provided by the State of 141lnnesota. 2. COMPREHENSIVE GENERAL LIABILITY: Coverage shall have minimum limits of $1,000,000 per occurrence, combined single limit for bodily injury liability and property damage liability. 3. BUSINESS AUTO LIABILITY: Coverage shall have minimum limits of $500,000 per occurrence, combined single limit of bodily injury liability and property damage liability. This shall include owned vehicles hired and non -owned vehicles and employee non - ownership. Vit. EARLY TERMINATION This Contract may be terminated by either party, with or without cause, upon thirty (30j days written notice, delivered by certified mail or in person, to the other party. ViII. MODIFICATIONS Any material alteration, modifications or variations of any terms of the Contract shall be valid and enforceable only when they have been reduced to writing as an amendments and signed by the parties. IX. ENTIRE AGREEMENT It is understood and agreed by the partied that the entire agreeement of the parties is contained herein and that the Contract superseded all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between Otter Lake and Municipality. The parties hereto revoke any prior oral or written agreements between themselves and agree that this Contract is the only and complete agreement regarding the subject hereof. CITY OF CENTERVILLE OTTER LAKE ANIMAL CARE CENTER BY: BY: TITLE: TITLE: BY: BY: TITLE: DATE: rmwsave a, a; fix*:. +,:ixp a . b, 4 cr .,.'c. November 1, 2000 liQV 7 'IN° Jim March City Administrator City of Centerville 1880 Main Street Centerville, MN 55038 Dear Jim, Enclosed is a Year 2001 Recording Secretary Service Agreement. As discussed, the addendum format is not being used since a second rate structure and indemnification paragraph have been added. The Agreement contains the regular hourly /page rate structure used in the past. It also includes a new base rate structure (paragraph #3a) which is based on the length of the meeting and holds a threshold that equals about four pages of meeting minutes per hour of meeting time. The higher rate will prevail. This Agreement also contains a paragraph indemnifying the City against all liability in connection with payment of federal, state, and local taxes or contribution imposed or required under employment insurance, social security, and income tax laws for TimeSaver's employees engaged in performance of the agreement. If you need Farther information or have questions, please feel free to contact me at 763 -421 -8999. We look forward to continuing our work with the City of Centerville in the coming year Best regards, ALI CJ Carla Wirth Owner Enclosure: Addendum 2 7 7 L . 9 ;iL >]itC! ;ti5I • .] "iii 110 • Coon RaptiL VIN 55433 • Dig — 65-2-463 • `::l:c,7 J- it% Est 1ijtaa • Aaokst 2V1N 55303 • 612 421 - 899'' • Fax 421 - 9511 www TimeSaverl. coma RECORDING SECRETARY SERVICE AGREEMENT THIS AGREEMENT is made between TIMESAVER OFF SITE SECRETARIAL, INC, ( "TOSS ") and the CITY OF CENTERVILLE, 1880 Main Street, Centerville, MN 55038, ( "CENTERVILLE "). CENTERVILLE wishes to retain the services of TOSS to act as recording secretary for all regular City Council and Planning Commission meetings during the term of this Agreement, and such special meetings as CENTERVILLE shall request of TOSS from time to time. IT IS THEREFORE AGREED AS FOLLOWS: 1. Recording Secretary. TOSS shall provide a competent, experienced and professional recording secretary to appear at and attend, record, transcribe, and submit minutes of all CENTERVILLE City Council and Planning Commission meetings and, as requested of TOSS by CENTERVILLE from time to time, special meetings of its Subcommittees. Minutes of each meeting shall be prepared and submitted via e -mail within five (5) days after each meeting to such officer as the City Administrator may designate from time to time. 2. Equipment. CENTERVILLE shall provide for each meeting at the meeting site all tape recording equipment required to record the minutes of the meeting (if desired). TOSS shall provide all equipment and materials necessary to transcribe and prepare the minutes and to take shorthand/machine minutes at the meeting. 3. TOSS. Charges. TOSS shall be paid for its services as recording secretary for each meeting (the highest rate will prevail), as follows: a. Base Rate of One Hundred and 00 /100 dollars ($100.00) for any meeting up to one (1) hour (billable time) plus Twenty -five and 00 /100 dollars ($25.00) for each thirty (30) minutes following the first one (1) hour; or b. Twenty-two and 00 /100 dollars ($22.00) per hour for time attending meetings, and fifteen (15) minutes prior to Call to Order and fifteen (15) minutes following Adjournment with a one and one -half (1.5) hour minimum; and Nine and 75/100 dollars ($9.75) for each page of minutes prepared from shorthand or machine notes of the recording secretary as draft minutes for submission to and the review and comment of CENTERVILLE for their preparation of final minutes. 4. Bi ling. When TOSS submits the minutes of each meeting, TOSS shall bill CENTERVILLE on TOSS's standard invoice form which itemizes time in attendance at each meeting and the number of pages of draft minutes prepared by TOSS of each meeting. CENTERVILLE agrees that it will submit each TOSS invoice with the next bill list or other applicable expense authorization list to be considered by the CENTERVILLE City Council or the authorizing official of the Council. 5. Term. This Agreement shall become effective on January 1, 2001, and shall continue in force until December 31, 2001. Either party may cancel this Service Agreement with or without cause upon thirty (30) days written notice; otherwise the contract shall remain in force. 6. Delegation. TOSS may, from time to time, appoint one or more persons and delegate its duties as recording secretary hereunder to its employees or contractors. 7. CEN fERVILLE agrees that during the term of this Agreement and any extension to it, and for a period of six (6) months thereafter, it will not employ, hire, subcontract with, or otherwise engage as a recording secretary a person or an entity formed by a person who has acted as a recording secretary of TOSS for CENTERVILLE under this Agreement. 8. At the end of the term of this Agreement or any extension of it, the parties may make a new Agreement or extend or modify the terms of this Agreement in writing. 9. Independent Contractor. The parties of this Agreement agree that TOSS is an independent contractor. TOSS is not an employee of the City and is not entitled to the benefits provided by the City to its employees, including but not limited to, health, worker's compensation and employment insurance, and pension or employee benefit plans. 10. Indemnification. TOSS shall indemnify the City against all liability and loss in connection with, and shall assume full responsibility for, payment of all federal, state and local taxes or contribution imposed or required under employment insurance, social security and income tax laws, with respect to TOSS' employees engaged in performance of the agreement. Dated: , 2000. CITY OF CENTERVILLE By: Jim March Its: City Administrator Dated: November 1 , 2000. TIME VER OFF SITE SECRETARIAL, INC. By: 1 wt L Carla Wirth Its: President & CEO RECORDING SECRETARY SERVICE AGREEMENT THIS AGREEMENT is made between TIMESAVER OFF SITE SECRETARIAL, INC. ( "TOSS ") and the CITY OF CENTERVILLE, 1880 Main Street, Centerville, MN 55038, ( "CENTERVILLE "). CENTERVILLE wishes to retain the services of TOSS to act as recording secretary for all regular City Council and Planning Commission meetings during the term of this Agreement, and such special meetings as CENTERVILLE shall request of TOSS from time to time. IT IS THEREFORE AGREED AS FOLLOWS: 1. Recording Secretary. TOSS shall provide a competent, experienced and professional recording secretary to appear at and attend, record, transcribe, and submit minutes of all CENTERVILLE City Council and Planning Commission meetings and, as requested of TOSS by CENTERVILLE from time to time, special meetings of its Subcommittees. Minutes of each meeting shall be prepared and submitted via e -mail within five (5) days after each meeting to such officer as the City Administrator may designate from time to time. 2. Equipment. CENTERVILLE shall provide for each meeting at the meeting site all tape recording equipment required to record the minutes of the meeting (if desired). TOSS shall provide all equipment and materials necessary to transcribe and prepare the minutes and to take shorthand/machine minutes at the meeting. 3. TOSS Charges. TOSS shall be paid for its services as recording secretary for each meeting (the highest rate will prevail), as follows: a. Base Rate of One Hundred and 00 /100 dollars ($100.00) for any meeting up to one (1) hour (billable time) plus Twenty-five and 00 /100 dollars ($25.00) for each thirty (30) minutes following the first one (1) hour; or b. Twenty -two and 00 /100 dollars ($22.00) per hour for time attending meetings, and fifteen (15) minutes prior to Call to Order and fifteen (15) minutes following Adjournment with a one and one -half (1.5) hour minimum; and Nine and 75/100 dollars ($9.75) for each page of minutes prepared from shorthand or machine notes of the recording secretary as draft minutes for submission to and the review and comment of CENTERVILLE for their preparation of fmal minutes. 4. Billing. When TOSS submits the minutes of each meeting, TOSS shall bill CENTERVILLE on TOSS's standard invoice form which itemizes time in attendance at each meeting and the number of pages of draft minutes prepared by TOSS of each meeting. CENTERVILLE agrees that it will submit each TOSS invoice with the next bill list or other applicable expense authorization list to be considered by the CENTERVILLE City Council or the authorizing official of the Council. 5. Term. This Agreement shall become effective on January I, 2001, and shall continue in force until December 31, 2001. Either party may cancel this Service Agreement with or without cause upon thirty (30) days written notice; otherwise the contract shall remain in force. 6. Delegation. TOSS may, from time to time, appoint one or more persons and delegate its duties as recording secretary hereunder to its employees or contractors. 7. CENTERVILLE agrees that during the term of this Agreement and any extension to it, and for a period of six (6) months thereafter, it will not employ, hire, subcontract with, or otherwise engage as a recording secretary a person or an entity formed by a person who has acted as a recording secretary of TOSS for CENTERVILLE under this Agreement. 8. At the end of the term of this Agreement or any extension of it, the parties may make a new Agreement or extend or modify the terms of this Agreement in writing. 9. Independent Contractor. The parties of this Agreement agree that TOSS is an independent contractor. TOSS is not an employee of the City and is not entitled to the benefits provided by the City to its employees, including but not limited to, health, worker's compensation and employment insurance, and pension or employee benefit plans. 10. Indemnification. TOSS shall indemnify the City against all liability and loss in connection with, and shall assume full responsibility for, payment of all federal, state and local taxes or contribution imposed or required under employment insurance, social security and income tax laws, with respect to TOSS' employees engaged in performance of the agreement. Dated: , 2000. CITY OF CENTERVILLE By: Jim March Its:_ City Administrator Dated: November I , 2000. TIME�FF SITE SECRETARIAL, INC. By: fitayt Carla Wirth Its: President & CEO MEMO DATE : December 8, 2000 TO : Honorable Mayor and Council FROM: Jim March RE : Union Contract Renewal I will be distributing information from the union in regards to establishing a new collective bargaining agreement. They are proposing a three -year contract. If Council wishes at the end of the meeting, we could adjourn to executive session to discuss particulars for the new agreement. MEMO DATE : December 8, 2000 TO : Honorable Mayor and Council FROM: Jim March RE : Hasaik Variance The City has been informed that the Hasaik's will not be picking up their building permit at this time. As you may recall, the City granted a variance to the Hasaiks for completing work on the inside of their pole barn. This variance was granted under the condition that they pick up their building permit. City Attorney Hoeft recommended that this item be placed back on the agenda for additional discussion. If the Hasaiks do not pick up their building permit, the City may have to proceed with the deeming the building a hazardous structure. BUILDING PERMIT APPLICATION CITY OF CENTERVILLE SITE ADDRESS: _ V� ¶ ( V /4-71 �� f� jt t — OWNER'S NAME / / 91 V I" / 5 / 4c PHONE: 0 7 - if LEGAL DESCRIPTION: LOT , BLOCK , TRA t ;' CONTRACTOR: /1 V tt'-r PHONE: , - rL`; 1 CONTRACTOR'S NAME & ADDRESS: LICENSE 1, /' is TYPE OF WORK: NEW ADDITION - ,il t ! i'I DESCRIBE WORK: s e — ZONING CLASSIFICATION: s APPRO D - TYPE •,- - s t 1 ;IF T) I l * * ** * *rs'• ** * * * * * * * * *** . * * * * * * * ** 1 O ` O : ZO i L' • RIt K WATERS la _�, NW D OTHER I .;:, �. NED HEREBY MAKES I°' L 1. r •" " TO, i l; 1 CONSTRUCTION AS SPECIFIED ; AGREES TO COMPLY 1 , . ' THE B , -11E AND ALL CITY OF CENTERVILLE 01 . AND TO AS „' 1. PO f,..: _ ' LOYEES Alf a SUB - CONTRACTORS AND CONSENT �.•YINSPEC' a( AND • • TIO SOTASTATE� mo t- aINGCODE IS A PUBLIC SERVICE AN) IS 1 G L , • . Cl .,, -� U Y, THIS BUILDING PERMIT AND THE SUBSEQUENT BUILDING "i S ARE NO r +n_ . ONSTRUED TO RELIED UPON AS ANY TYPE OF WARRANTY, GUARN]'EE, OR 1 • TION O ,' T OF THE CITY THAT THE PLANS, CONSTRUCTION OR FINISHED PRODUCTS ARE Y BY C •' 1 CE WITH THE PROVISIONS OF THE MINNESOTA STATE BUILDING CODE OR OTHER CON c -',j STANDARDS. FURTHER, THE CITY ASSUMES NO RESPONSIBILITY OR LIABILITY FOR a =. • ALLEGEDLY ARISING OUT OF THE ISSUANCE OF THLS PERMIT OR SUBSEQUENT 3,d tf.C� Z-e 9-0 ANTS SIGNATURE D //j/ 74 $ /S /`. DA PLANS APPROVE VALUATION BTJII.,DING INSPECTOR BLDG. PERMIT NO. BUILDING PERMIT CITY OF CENTERVILLE, MINNESOTA ' - r' "te: Permit No. , i 5 ;,— Owner. . it d¢ i_ - � S% �t.: Address �L J \� - . , LOCATION OFPROPOSED BUILDING I Zoning Classification Number 1 • '� /.+ ii LEGAL DESCRIPTION , are' .' Part of Lot Lot j DESCRD'TI n " I SED WORK Description: 4 r;�l.� ✓ �' y i f � i Type of Construction: �;rliw!_ H i r f1 4,_ I , Occupancy �' r i Valuation $ r v -. 4' Atir (Contract of Market va il C M zontal Cross Section) Description of Ordmanc �`�� h d with [his perm i �i. �, _ _ z s_ I l , . � Parks r ',, t Other Total rr I ►, ��' a�. ,iii _ ' � Hookup o f I L./ Site Maintenance 'MI S C`� F i r `� �E; t ' . a> Surcharge Totals M a ,c7 e & V Millair 4 i t 1� . 1? Permission is hereby granted to _ - /i/ 4 1..... to _ern ice ic �t.nree t.- a building as herein described. This permit is granted upon the express condition that k rson, partnership, firm or corporatio, to who it is granted, together with his agents, employeees, workmen and subcontractors agree to abide by and conform to all Ordm r '.. of the City of Centerville regarding the construction, alteration, maintenance, repair and demolition of buildings within the City; and that this permit may be revoked at . i ■ e upon evidence of violations of any of the provisions of said Ordinances. Issuance of a building permit is not to be construed or relied upon as a warranty , guarantee, or representation on the part of the City that the construction or finished product covered under this building permit is necessarily in conformation with the state building code or other applicable construction standards. The City assumes no responsibility or liability for damages arising out of the issuance of this building pemdt. The permittee forthh agrees to commence the work covered by this permit within sixty (60) days of the date hereof and to complete all such work by ----���� 0 ,stir-0 . Suspension or abandonment of such work for a period of one hundred and eighty (180) days shall suit in the automatic revocation rmi[ as provided by Ordinance. �< J ‘17 PERMITTEE ' /6JJ/ BUILDING INSPEL IOR By: By: 111/ ' 106.4.1 1987 UNIFORM BUILDING CODE 107.6 • and that the fees specified in Section 107 been paid, the - incorrect information supplied, or in violation of any ordinance or building official shall issue a permit therefor to the applicant. regulation or any of the provisions of this code, II I When the building official issues the permit where plans are re- quired, the building official shall endorse in writing or stamp the SECTION 107 — FEES plans and specifications APPROVED. Such approved plans and 107.1 General. Fees shall be assessed in accordance with the specifications shall not be changed, modified or altered without provisions of this section or shall be as set forth in the fee schedule authorizations from the building official, and all work regulated by this code shall be done in accordance with the approved plans. adopted by the jurisdiction. The of 107.2 Permit Fees. The fee for each permit shall be as set forth he building official may issue a permit for the construction in Table 1 -A. part of a building or structure before the entire plans and specifca- tions for the whole building or structure have been submitted or The determination of value or valuation under any of the provi- approved, provided adequate information and detailed statements lions of this code shall be made by the building official. The value have been filed complying with all pertinent requirements of this to be used in computing the building permit and building plan re- code. The holder of a partial permit shall proceed without assur- view fees shall be the total value of all construction work for which ance that the permit for the entire building or structure will be the permit is issued, as well as all finish work, painting, roofing, granted. electrical, plumbing, heating, air conditioning, elevators, fire- s extinguishing systems and any other permanent equipment. 106.4.2 Retention of plans. One set of approved plans, specifi- 107.3 Plan Review Fees. When submittal documents are re- c ations and computations shall be retained by the building official. for a period of not less than 90 days from date of completion of the quire by Section 106.3.2, a plan review fee shall be paid at the work covered therein; and one set of approved plans and specifca- time of submitting the submittal documents for plan review. Said tions shall be returned to the applicant, and said set shall be kept on plan review fee shall be 65 percent of the building permit fee as the site of the building or work at all times during which the work shown in Table 1 -A. authorized thereby is in progress. The plan review fees specified in this section are separate fees from the permit fees specified in Section 107.2 and are in addition 106.43 Validity of permit. The issuance or granting of a permit to the permit fees. or approval of plans, specifications and computations shall not be When submittal documents are incomplete or changed so as to construed to be a permit for, or an approval of, any violation of any require additional plan review or when the project involves de- of the provisions of this code or of any other ordinance of the juris- ferred submittal items as defined in Section 106.3.4.2, an addi- diction. Permits presuming to give authority to violate or cancel tional plan review fee shall be charged at the rate shown in Table the provisions of this code or other ordinances of the jurisdiction 1- A. shall not be valid. The issuance of a permit based on plans, specifications and oth- 107.4 Expiration of Plan Review. Applications for which no shall e er data shall not prevent the building official from thereafter re- s ale issued limitation, 180 days following othe r the date of data subbmimi for r quiring the correction of errors in said plans, specifications and review thereafter returned euurneg and plans and c other data, or from preventing building operations being carried the building ui ding official. c Thh be building o tc i may ex t n d td is d the time or action n bby on thereunder when in violation of this code or of any other ordi- the r a eriod not not official l ey exten o n r nances of this jurisdiction. by the applicant for a period exceeding 180 days on re- quest by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. 106.4.4 Expiration. Every permit issued by the building official under the provisions of this code shall expire by limitation and be- No application shall be extended more than once. In order to re- come null and void if the building or work authorized by such per- new action on an application after expiration, the applicant shall mit is not commenced within 180 days from the date of such resubmit plans and pay a new plan review fee. permit, or if the building or work authorized by such permit is sus- 1075 Investigation Fees: Work without a Permit. pended or abandoned at any time after the work is commenced for a period of 180 days. Before such work can be recommenced, a 107.5.1 Investigation. Whenever any work for which a permit new permit shall be first obtained to do so, and the fee therefor is requited by this code has been commenced without first obtain - shall be one half the amount required for a new permit for such ing said permit, a special investigation shall be made before a per - work, provided no changes have been made or will be made in the mit may be issued for such work. original plans and specifications for such work, and provided fur- 107.5.2 Fee. An investigation fee, in addition to the permit fee, ther that such suspension or abandonment has not exceeded one shall be collected whether or not a permit is then or subsequently year. In order to renew action on a permit after expiration, the per- issued. The investigation fee shall be equal to the amount of the mittee shall pay a new full permit fee. permit fee required by this code. The minimum investigation fee Any pennittee holding an unexpired permit may apply for an shall be the same as the minimum fee set forth in Table 1 -A. The extension of the time within which work may commence under Payment of such investigation fee shall not exempt any person that permit when the peznmittee is unable to commence work with- from compliance with all other provisions of this code nor from in the time required by this section for good and satisfactory rea- any penalty prescribed by law. . sons. The building official may extend the time for action by the 107.6 Fee Refunds. The building official may authorize refund - permittee for a period not exceeding 180 days on written request ing of any fee paid hereunder which was erroneously paid or by the permittee showing that circumstances beyond the control of collected. e permittee have prevented action from being taken. No permit hall be extended more than once. The building official may authorize refunding of not more than 80 percent of the permit fee paid when no work has been done un- 106.45 Suspension or revocation. The building official may, der a permit issued in accordance with this code, in writing, suspend or revoke a permit issued under the provisions The building official may authorize refunding of not more than of this code whenever the permit is issued in error or on the basis of 80 percent of the plan review fee paid when an application for a 1-4 MEMO DATE : December 8, 2000 TO : Honorable Mayor and Council FROM: Jim March RE : Sign for new public works /police substation Mr. Gene Houle has contacted me and has indicated that he needs additional information prior to being able to provide a cost for a proposed sign for the new public works/police substation. The first issue is whether or not we want a single or double -faced sign. Although a double -faced sign would be more easily read by vehicle traffic going north and south on 20 Avenue, I believe a single faced sign running parallel to the road would also be easy to read and may provide less distraction and visibility obstruction for vehicles trying to pull onto 20 Avenue. Mr. Houle has indicated that a double -faced sign would be more costly. Mr. Houle also would like to know if the Council would prefer cut -out letters or free standing letters with the background removed (similar to the Eagle Park sign). Mr. Houle recommends the free standing letters because they stand out more than the cut -out letters. Mr. Houle would also like direction on the style and size of the sign. I will have some sketches of the size of the letters available to distribute at the meeting that Mr. Houle is recommending. MEMO DATE : December 8, 2000 TO : Honorable Mayor and Council FROM: Jim March RE : Turcotte Purchase Agreement/St. Genevieve's Vacant Land Appraisal Included in your packet is a draft appraisal that was received for the vacant land that is owned by the church of St. Genevieve. City Attorney Jim Hoeft has provided a draft purchase agreement for the Turcotte property for your review. LIMITED SCOPE SUMMARY RESTRICTED MARKET VALUE APPRAISAL OF VACANT LAND SOUTH OF HERITAGE STREET, EAST OF LAMOTTE DRIVE, AND WEST OF CENTERVILLE ROAD CENTERVILLE, MN FOR MW JIM MARCH THE CITY OF CENTERVILLE BY JULIE JEFFREY- SCHWARTZ CERTIFIED GENERAL APPRAISER LAKE STATE REALTY SERVICES, INC. WHITE BEAR LAKE, MINNESOTA NOVEMBER 2000 Lake State Realty Services, Inc. 2140 Otter Lake Drive White Bear Lake, MN 55110 651- 653 -0788 Fax 651- 653 -1381 E -Mail lakestate@goldengate.net December 5, 2000 Mr. Jim March The City of Centerville 1880 Main Street Centerville, MN 55038 RE: Limited Scope Summary Restricted Market Value Appraisal Vacant Land South of Heritage St., East of Lamotte Dr., and West of Centerville Rd. Centerville, Minnesota Dear Mr. March: Pursuant to your request, we have personally inspected and prepared an appraisal for the above referenced property. The appraisal estimates the current market value of the fee simple interest in the described real estate, subject to the certification, definitions, and the assumptions and limiting conditions as stated herein. Please read these assumptions and limiting conditions, particularly #9, regarding dissemination of portions or all of this report. After careful consideration of the all pertinent factors influencing market value, it is our opinion that the fair market value of the acquisition for the subject property, this 30th day of November, 2000 (the date of most recent inspection) is: ONE - HUNDRED TWENTY - THOUSAND DOLLARS . . . $120,000* *This is based on the assumed subject size of 5 acres. The actual value should be determined at $24,000 /acre, after a survey to determine precise size. The attached report describes the methods and reasoning used in the analyses, as well as the data gathered during the investigation of the property and marketplace. This appraisal report has been completed in conformance with the current version of the Uniform Standards of Professional Appraisal Practice (USPAP) of the American Appraisal Institute; the OCC appraisal guidelines dated August 9, 1990; requirements as set forth in 12 CFR Part 323, "Appraisals" as published in the Federal Register, and as amended from time to time; and Section 301 of the Uniform Assistance and Real Property Acquisition Policies Act of 1970. Please feel free to contact me if you have any questions regarding this report. Thank you for the opportunity to assist you in this valuation matter. inc re y . 7 S � _ � h • J• ie Swift -; j, aft z rtified General a 'praiser Minn. #: 4002423 j TABLE OF CONTENTS TABLE OF CONTENTS 3 ASSUMPTIONS AND LIMITING CONDITIONS 4 SUBJECT PHOTOGRAPHS 6 LOCATION MAP 8 SUMMARY OF IMPORTANT FACTS 9 PERTINENT APPRAISAL DATA 10 DATE OF VALUATION 10 FAIR MARKET VALUE DEFINED 10 PURPOSE OF REPORT 11 FUNCTION OF REPORT 11 PROPERTY RIGHTS APPRAISED 11 SCOPE OF REPORT 11 COMPETENCY PROVISION 12 THE APPRAISAL PROCESS 13 REFERENCES USED 15 PROPERTY INFORMATION 17 ADDRESS /LOCATION 17 LEGAL DESCRIPTION 17 FEE OWNER 17 FIVE YEAR SALES HISTORY 17 LISTING, OPTION, OR PENDING CONTRACT 18 PROPERTY TAXES AND ASSESSMENTS 18 PERSONAL PROPERTY 18 SUBJECT NEIGHBORHOOD PHOTOGRAPHS 19 NEIGHBORHOOD DESCRIPTION 21 PLAT MAP 22 SITE ANALYSIS 23 MARKET /MARKETABILITY STUDY 25 HIGHEST AND BEST USE 26 THE MARKET APPROACH 28 CERTIFICATION 32 PROFESSIONAL QUALIFICATIONS 33 3 ASSUMPTIONS AND LIMITING CONDITIONS The certification of this appraisal report is subject to the following assumptions and limiting conditions: 1. The Appraiser assumes no responsibility for matters of a legal nature affecting the property appraised or the marketability of the title. 2. The property is assumed to be under responsible ownership and management. 3. The property is appraised as though clear and free of any liens, encumbrances, or indebtedness, unless stated otherwise. 4. To the best of this appraiser's belief, the information contained in this report is true and reported correctly. The information in this report, while not guaranteed, but has been taken from sources or records believed to be reliable. 5. The Appraiser assumes that there exists no hidden defects with the site, sub -soil, or is improvements, which would render it more or less valuable. 6. Disclosure by the Appraiser of the contents of this appraisal report is subject to review in accordance with the by -laws and regulations of the professional appraisal organizations with which the Appraiser is affiliated. 7. On all appraisals involving proposed construction, the appraisal report and value conclusions are contingent upon completion of the proposed improvements in accordance with the plans and specifications submitted to the Appraiser for review. 8. The Appraiser is not required to appear in court or give testimony because of having made this report, unless arrangements have been made in advance. For eminent domain proceedings, expert witness testimony cannot be given until this report has been updated to the date of quick take. Such update and testimony is subject to additional fees. 9. This report, or any portions thereof, will not be distributed, or otherwise disseminated, to anyone other than the person whom commissioned this or those involved in the certification. 10. This entire appraisal report must be considered as a whole and any excerpts or portions from this report cannot be considered separately. 11. It is assumed that there is full compliance with all applicable federal, state and local environmental regulations and laws, as well as applicable zoning regulations and restrictions, unless otherwise stated in this report. 12. It is also assumed that all required licenses, consents or other authority from any local, 4 1 state, or federal governments has been obtained or can be renewed. 13. It is assumed that the subject improvements are within the stated boundaries, and that there are no encroachments on neighboring property, or neighboring encroachments on the subject property, unless otherwise stated in this report. 14. The existence of potentially hazardous material such as urea- formaldehyde foam insulation, asbestos, existence of toxic water, toxic waste, or radon gas may have an effect on the value of the property. The Appraiser is not qualified to determine if such substances are present. The client may wish to consult an expert in this field. 15. Acceptance of or use of this appraisal report constitutes an understanding of and acceptance of these assumptions and limiting conditions. 5 St'BIFCT PH . . 3 , , . , , .r 1 i1 ( : 1-((1;t‘: :• P. lIS ....._- .... ..._, ..quig.,,, . .. ....... . .....,,.. _ ,,..... _. ....:. -tr bilxx/x2x.-,,x-iii-,..,.., 1 . . .. ... 1,.3 •- 1, .,,,, i ,,- ' '.;;;'''''. ,,,,,, , ..„ .• 1/2, ..ii er I i ,",',rgit ' l l k eli - itql:''19iti.. 1 < '.."''' ''.41#.4'1,111A01 IP.,,t3i IIITL .1111-",'.''''!...P4i.2:.:"" "" 'IrtiqH.'"""tilrib";":6.":" : !;■it ; 7-.7414 '- 1 ::::1;•:, • .... ,. ..., 1 ' S Li kitt i Ltitikin,< soutlittesterly acrtts, 1 ' ^ h ared trim northeastern corner of parcel r ......... --- -.......g litil s ,, .-.... H t .„ ..i., - , .....?.--.,1-...-i 1 ..„„.. ....„, ,„,.. ......„,.. . ..... ... ' „. . , .,...:.. !i"... ';''1 '' -- ' '''' '''' . -- . djii,'- '',' '- ..:' i.,.. ', .• " . . ‘"."-;'-' ' i -r". " : - - - ••••••;•::-.;••••",::‘ -.. -th ,,,/,..:. ' F:4-.:;,:".7."7-4.."',:,;...,..--a:::., •,-- , • • ':.--- - li 11 I i• T C *OSS Su .i t Looking northn i.t ..- subje p from southeastern corner of parcel Location Map x C 1 n + r.. 6, • a c. $ C lf!{R+la 3R6 R7[ N naaa. r i. d . j.= x egRogaiagsi7=333= i'5 ,��' m 6S �3 �ltliH/SL7V'S:w. _:WI4:+:CW.."t _ = d 36E IX s ` 3 ii z ISii n 6 m v ff zy ii i C _ I StigE j N �i . L7e rit::— C re ek !, 3 a T 3 Y P <`, ^C in 36E I 71�` <Y u l x 4f ? a . J .7VE Subje ;, t. 3 (l ; g C yi LL ._.. -... — ..__.a. O i , : U' W it ti l tP t. 1 9 i ,. f t c N ;.avrsseAOZ,u Q 4,' I 3 s L o y RR Le M .. 4} 11 1999 Dionne. Street Atlas LISA u SU_ 1V_ MARY OF IMPORTANT FACTS ADDRESS: There is no address to conform with this parcel. It is vacant land that is located south of Heritage Drive, east of Lamotte Drive, west of Centerville Road, and north of Lamotte Park. PROPERTY TYPE: Vacant land suitable zoned for single family residential subdivision. OWNER: There is no tax record for the subject's PID #. It is reported by the City of Centerville, that this is owned by the Church of St. Genevieve. INTEREST Fee Simple APPRAISED: APPRAISAL PURPOSE: Estimate Fair Market Value APPRAISAL USE: Acquisition SITE SIZE: About 5 acres (we have not seen a survey, we are estimating from a plat map, with unknown, but assumed boundaries. Should the actual size differ from this, the value is subject to change per the pro rata per acre value assigned in this report. ZONING: "P -1," Public, Semi- Private District, as governed by the City of Centerville. PROPERTY I.D. #: Assumed to be: 233122230051 per the plat map, however there is no tax record for this PID number 2000 PROPERTY TAX Unknown, assumed to be tax exempt. AMOUNT: HIGHEST AND BEST Single Family Residential subdivision USE: APPRAISER'S ESTIMATE OF MARKET VALUE: $120,000 DATE OF November 30, 2000, the date of most recent inspection VALUATION: APPRAISER: Julie Jeffrey - Schwartz, Certified General Appraiser 9 PERTINENT APPRAISAL DATA DATE OF VALUATION The date of valuation is the same date as the most recent inspection: November 30, 2000. FAIR MAR KET VALUE DEFINED (Appraisal Standard #3) Market Value is defined as "the most probable price in terms of money, which a property will bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently, knowledgeably and assuming the price is not affected by undue stimulus ". Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: 1. Buyer and seller are typically motivated. 2. Both parties are well informed or well advised and each acting in what they consider their own best interest. 3. A reasonable time is allowed for exposure in the open market. 4. Payment is made in terms of cash in United States dollars or in terms of financial arrangements comparable thereto; and 5. The price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale, or creative terms, services, fees, costs or credits involved in the transaction. The definition is also states in UNIFORM APPRAISAL STANDARDS FOR FEDERAL LAND ACQUISITION published by the Inter Agency Land Acquisition Conference. In Paragraph A -2 it states as follows: "Under established law the criterion for just compensation is the fair market value of the property at the time of the taking. "Fair Market Value" is defined as the amount in cash, or on terms reasonably equivalent to cash, for which in all probability a property would be sold by a knowledgeable owner willing but not obligated to sell to a knowledgeable purchaser who desired but is not obligated to buy." 10 PURPOSE OF REPORT The purpose of this appraisal report is to estimate the fair market value of the subject property for the requestor, the City of Centerville, Mr. Jim March. FUNCTION OF REPORT The function of this report is to serve as a valuation basis for the requestor, who will use this report for potential acquisition purposes. PROPERTY RIGHTS APPRAISED The appraised property interest is the unencumbered fee simple estate. Fee simple estate is the "absolute ownership unencumbered by any interest or estate, subject only to the limitations of eminent domain, escheat, police power, and taxation." (AIREA - 2. pp. 123) "The highest quantum of ownership rights is real property recognized by law. " (ASA pp.444). SCOPE OF REPORT To perform this appraisal report, we have viewed the subject property. The property was inspected numerous times, the most recent of which was on November 30, 2000. Julie Jeffrey- ', Schwartz has performed the inspection which included photographs of the subject and area, as well as notes. Various facts relating to the subject property have been confirmed with the records at the Anoka County Assessor's Office, the City of Centerville's Zoning Office. Comparable market data, and current properties for sale (if any) have been confirmed, viewed, and analyzed. Interviews have been conducted with local area experts, including Realtors, appraisers, and market participators, to held determine market trends. Also, various publications were reviewed. 11 COMPETENCY PROVISION (Appraisal Standard 112) The Competency Provision of the USPAP states that "Prior to accepting an assignment or entering into an agreement to perform any assignment, an appraiser must properly identify the problem to be addressed and have the knowledge and experience to complete the assignment competently; or alternatively: 1) disclose the lack of knowledge and /or experience to the client before accepting the assignment; and 2) take all steps necessary or appropriate to complete the assignment competently; and 3) describe the lack of knowledge and /or experience and the steps taken to complete the assignment in the report." Prior to accepting this assignment, we have completed many similar appraisals that are similar to the subject. These appraisal have been performed for property owners, condemning authorities, and lenders. 12 THE APPRAISAL PROCESS INTRODUCTION The appraisal process begins by identification, description, and analysis of all aspects of the subject property. The fixity (location), physical characteristics, and income characteristics are compared to competing properties in the marketplace. The marketplace demand on the subject property is the sole value determinator. The appraisal estimates the value for the subject improvements by analyzing the property as if it were being actively marketed as of the effective date of the appraisal. Market demands and influences are measured by three commonly used approaches to value. These approaches are based on the market interpretations of value. The three approaches to value are: 1. The Cost Approach 2. The Market Approach 3. The Income Approach THE COST APPROACH The Cost Approach is an approach to value which estimates the current replacement or reproduction cost of the improvements (math structures and site improvements). Depreciation is then subtracted from the base cost. There are three sources of depreciation: physical depreciation (deterioration), functional depreciation, and external (economic) depreciation. The cost of the land vacant (as obtained from market data), combined with the estimated replacement or reproduction cost minus depreciation provides an indication of value for the subject. Considering the subject is vacant land, this approach to value is not applicable. THE MARKET APPROACH The Market Approach compares the subject property with other similar properties that have recently sold or are currently listed for sale. In order to fmd an indication of value for the subject, positive and negative adjustments are made to the comparables for the differences which exist between the comparables and subject. THE INCOME APPROACH The Income Approach is based on an estimate of the subject's net income. The income is then capitalized at a rate commensurate with the risk and life expectancy of the improvements, to arriv e at an indication of value from a typical investor's standpoint. The Income Approach measures the present value of an income stream, which then indicates a value for the subject. This approac h 13 was not utilized in this analysis, since vacant land such as the subject is rarely rented in this marketplace. There was not enough reliable data to indicate an accurate value finding from this approach. 14 REFERENCES USE The information utilized within this report was received from a variety of resources. Besides the appraiser's knowledge, experience, and judgement, other information was obtained from the following sources: ZONING ORDINANCE The City of Centerville TAXES AND SPECIAL ASSESSMENTS Anoka County MARKET INFORMAT Assessor's Office, Anoka County Brokers and Realtors Multiple Listing Service Plat Systems, Inc. Market Participators SUBJECT PROPERTY SPECIFICS County and city records APPRAISAL TERMS A V�D ME THODOLOGY Appraisal Of Real Estate, 10th Addition, American Institute of Real Estate Appraisers The Uniform Standards of Professional Appraisal Practice (USPAP) of the American Appraisal Institute The OCC's appraisal guidelines dated August 9, 1990 15 APPRAISAL TERMS AND METHODOLOGY (con't.) The OCC's Final Rule, 12 CFR Part 34, Subpart C - Appraisals, Section 34.42(0 effective August 24, 1990 Requirements as set forth in 12 CFR Part 323, "Appraisals" as published in the Federal Register, and as amended from time to time Section 301 of the Uniform Assistance and Real Property Acquisition Policies Act of 1970 16 PROPERTY INFORMATION ADDRESS /LOCATION The subject property is located in the City of Centerville, the County of Anoka. The subject is further generally located at the southwestern portion of Centerville, on the south side of Heritage Street, the west side of Centerville Road, the north side of Lamotte Park, and the east side of Lamotte Drive. As the subject is vacant land, there is no corresponding address. LEGAL DESCRIPTION (Appraisal Standard #12) We were not able to locate a legal description for the subject property. We have attempted to do so through the use of on -line county records, as well as through visual inspection of the county records at the Anoka County Courthouse. We were also not able to determine specifically the property identification number, however assume it to be (as labeled on a county plat map) 2333122230051. However, there is no corresponding tax record for this property identification number. Basically the subject is part of Lot 15, the revised Auditor's Subdivision No 48, lying easterly of Lamotte Drive. The legal description is to conform to the attached outline of the plat map included in this report. FEE OWNER As we were unable to determine the legal description, nor find a property tax record for the subject, we are unable to confirm the current ownership. According to the City of Centerville, the subject is owned in fee by the Church of St. Genevieve. FIVE YEAR S ALES HISTORY (Appraisal Standard #5) To determine the five year sales history, the records at the Anoka County Courthouse were used. I l According to county records, the subject has not transferred within the last five years. 17 LISTING, OPTION, OR PENDING CONTRACT The subject property is not listed, nor are there any options or pending contracts. The City of Centerville has expressed an interest of intent to purchase the subject for site redevelopment. We researched MLS history and obtained no listings for the subject. The MLS data is from 1992 to present. PROPERTY TAXES AND ASSESSMENTS We were not able to confirm any estimated market values r property tax amounts for the subject parcel. It is assumed to be tax exempt, and as such, there would be no estimated market value or property tax amount assigned. PERSONAL PROPERTY (Appraisal Standard #13) This is a real estate appraisal, as such, machinery and equipment is not considered in this analysis. No items of personal property were noted during the inspection, as the subject property is vacant land. ZONING: The subject is zoned P -1, Public, Semi - Public, as governed by the City of Centerville. It is so zoned due to the belief that the property is owned by the Church of St. Genevieve. According to Jim March, if the subject property were to become owned by a private entity or individual, the subject would likely be zoned residential, with 15,000 s.f. lot size minimums. This is the assumption used in the report for valuation purposes. 18 Si BJEC'T \ EI( JIR()RIRfl)I)PFI,C7T()GR.\PHS • • b , uil a ^i � :3v i`w Yl a s I.1r0king southerly on Lantotte Drive froth the northern portion of the subject rkA g j Looking northerly on Lamotte Drive from the southern portion of the subject 19 D PR ralt_S 113 E :1 NE1 - --- - ,- --,,t--.,,,,,,•;,5-5,62,-'3!4r).;iiiti--NoRvowil.-2Tinciiil,f.2.-.40.,k,,,,.!!Nt.,-,,•........... --- ..•:,--2:-2.;'•/••••.-E:-......'-'ad:•..!:121!s:rii-k,.:3:•;-;-:!•!--.. ;•,..... - - .- *--• • • ": :-';'''''''',:::?"•::f.::'.',,:ij:',•;,,:i141Airaiktnj.:jijaj.....4r,jjij:ijj-Jo'—'' ...,. , ,,,....,-,:.-4," .,:f.,,,y,...,04j,q40.14jaart•rjj.ictri4;1:;011;:irjr.r."' - Jqip-- : - .I5.;:•!'.'r . .... ., • ...•.:: •:.,:m4....uidclitiovs.ifFSOF,t414,....dlingli t4,,,:..1118.: sjiii-:+;:0•L'Fj.:•Y..: Or . " -.4.thwo' ' ...7::'":1 ' '• " ,;...'1,$:,,,.•.:4..:14:14;27,71.Inifigif;t7,1.1:Ag, '11:-.4-x IN ,k,..ifflial: r - — -.J i -- --- ''.1 - '' ' --. ,..:-. J‘ - ' , i [ th ei --, tiRP-J:: hq.4. ty.:1 4,,:mtltk::; elc...-L?ort-...iX.,:4L,h1),„:„7:1'.:,',2c;-...:.:[4.i.c2,:i:':',..:17,;4....:::',-..tt '1 • s ,,,,,,,.:14:1 - .";- .,;,..'•••_ : 1 . _. ,.. iik f1r ''slt, '-' --11 111;: n . • 4, -j.'" - -,,,: -J,..jaJJ,J, —144"ritik-c, IR., . t 4 . ' ' 11 — ' ' ' ' 1:'4" 14444144 „ lit ii . , • . • — • • •., • :::',.!1,P.4606:Flt1::. Lnokilag southerly ott Centerville Road front the northern portion of the subject . . ., ....,.,„.....„..,.. -...:.:Th ..,,,......:.,...,.. : ' .. .,....."„.„ ... N., . . ' 1 '-,-. - - - ._ .....,:s.'-- 6": . ,, , ,, : „ lik •-,-- i - ' ... ..„ -.---i---;e5-44$---;:',11",r--7. • ' • ' . liaillit: -- -.-.; el. , • • : r.:•Orti:,:,74 . ' 4 ' ''' . - . ' _., _ , . _ • _ ......en.• 4 13", /..00king northerly on Centerville Road from the struth; portion of the subject 20 NEIGHBORHOOD DESCRIPTION BOUNDARIES The neighborhood is located in southwestern Centerville. The confines of the subject property are Main Street to the north; Centerville Road to the east; Lamotte Park to the south; and Centerville Lake to the west. It is further located about 1 mile west of I -35E. LAND USES The subject is located in an area that is predominately single family residential in nature. However, to the immediate north of the subject is a small school building, and to the immediate south of the subject is Lamotte Park. About three blocks north of the subject is St. Genevieve's Church. Approximately two blocks north is the old City of Centerville Public Works Site. The single family residential properties in the neighborhood consist of older single family residences on both the lake front, as well as to the north of the subject. To the south and east of the subject are typically newer single family residences. Main Street, which bisects the city in an east -west direction, and interchanges at I -35E, is located three blocks north of the subject. Located on Main Street are various commercial land uses, including City Hall. 21 1 I' c:,-. : i /:� 1 T I N .u• 1 I . 7 � t J l.! a' -e c 1' t i SOREL I . /sa p 7i A ,) z i _ a } r e CC a ; 04) ili / 1 r. d is .a�+.• " .rkek f ! /a 1 9 1 8 r (g) J /t i___ n le i jai 77 , 4 7_ -- •C (10 /// Z p Y r / "�. f 4 ., : 3 9 H H i- -: ; 3It) 1 ca ps).� eil / � '' /9 f /: I )1' 1 d0 ." , / (�4) /2 /s r s / /. .. /19 gra: ✓ 3a I -Fr re re /yV • HERITAGE �L' /9/ </ ras • ,• .'ao' 14z' ia o ; r" ii_ 'e. 8" / � 'Iti 1 .•� 63:\ {• ) • .,ti ¢. y /fig) '4 (46) 421 Ng, (/ as ` Q` 3 :pa ) C7+ 5 AAA ` 4? •+ iH xi Q• • F f-r /) frsMpr k ill (.cif rx.aoce n I idig " r / 20.2#4 • "" 4075 , 0471e/1.52,-1$ sown 00 p /a/ 0/ 0 Cn /»cr /F " on# / /rest- ai/y sJ&»w; 0 O/f reCO••i p ear,' PLAT MAP SITE ANALYSIS Location: The subject is located at the southwestern portion of the City of Centerville. Specifically, the subject is located south of Heritage Street, east of Centerville Road, north of Lamotte Park, and west of Lamotte Drive and Centerville Lake. There is no address to conform with the subject property as t is vacant land. Size: We have been asked to appraise a portion of the subject property with assumed boundaries. From the assumed boundaries, which are indicated on the prior plat map, we have estimated the subject site to contain about 5 acres. Should the exact size be determined at a future date, we reserve the right to alter the appraised value findings by the pro rata per acre amount assigned in this report. Shape: Very irregular, please reference prior plat map. Access: The subject would have access from any of three roads: Heritage Street to the north; Centerville Road to the east; and Lamotte Drive to the west. Street -- Surface/Lanes/Lights/Frontage: All of the streets fronting on the subject are bituminous, and none have access control along the subject's boundary. Both Heritage Street and Lamotte Drive are typical residential streets, with concrete curb and gutters. Centerville Road is a County State Aid Highway, which is wider ans striped. The subject has adequate frontage amounts on all of these three roadways. Views/Visibility: The subject has unobstructed views and visibility to both directions of travel on all streets. Topography: The subject's topography is considered generally level to gently rolling. There are no topographical impediments to the subject's development. Drainage: The drainage appears adequate, due to the topography. Vegetation /Landsca in • There is no purposeful landscaping on the subject property. There are also no volunteer trees. Utilities: The subject has all urban utilities available within the public rights -of -way, including electric, gas, telephone, and water /sewer. (According to Jim March). Prior Uses of Land: The subject is not developed, nor has it ever been believed to be developed. The subject was part of a larger farmstead prior to it being reportedly donated to the Church of St. Genevieve. 23 Adjacent Land ITses: The land use to the north of the subject includes a small school building. Further north of that is single family residential land uses. To the east of the subject is single family residential land uses, as well as a Senior Living Complex. To the south of the subject is Lamotte Park. To the west of the subject is single family residences that from Centerville Lake. Further north of these lakefront houses is the City of St. Paul pump house. Existence of Hazardous Materials In /On Land: It is not known is the subject has any existence of hazardous materials in or on the land. A standard assumption incorporated into this report is that the subject is contaminant -free. Should it be determined at a future date that contamination exists, this appraised value finding is subject to change. Site Improvements: There are no site improvements on the subject property. Flood Data: The subject is not located in a flood plain. Census Tract: 502,14. Easements: We saw no visible signs of easements during our inspection. There is utilities laid on the south side of the subject, however according to Jim March, these are not on the property under appraisement. Should easements that are detrimental to the subject be indicated at a future data, this appraised value is subject to change. ` I i I 24 I I I MARKETIMARKETABILITY STUDY (Appraisal Standard #8) DISCUSSION OF MARKET The market is defined as the Northern Metropolitan marketplace. This would include suburbs such as Centerville, Lino Lakes, Hugo, Circle Pines, and Lexington. The purchaser looking at properties similar to the subject would be purchaser's desiring a property suitable for single family residential subdivision. The most likely terms a purchaser would be interested in would be either cash or contract -for deed. Typical terms would be a minimum of 20 -30% down, 9 -10% interest rate, 20 year amortization, and a 5 year balloon. ESTIMATED MARKETING TIME (Appraisal Standard #7) Implicit in the definition of marketing time is the following characteristics: -The property will be actively exposed and aggressively marketed to potential purchasers through marketing channels commonly used by buyers and sellers of similar type properties. -The property will be offered at a price reflecting the most probable markup over market value used by sellers of similar type properties. -A sale will consummate under terms and conditions of the definition of market value required by the regulation. The subject is believed to sell in 3 to 6 months if appropriately priced, marketed, and exposed to the market. I 25 air A BE T USE DEFINITION The following definition of Highest and Best Use is taken from Real Estate Appraisal Terminology, Byrl N. Boyce, Cambridge, M.A.: Ballinger, 1975, p.127. That reasonable and probable use that will support the highest present value, as defined as of the effective date of the appraisal. Alternatively, that use, from among reasonably probable and legal alternative uses, found to be physically possible, appropriately supported, financially feasible, and which results in highest land value. The definition applies specifically to the highest and best use of land. It is to be recognized that in cases where a site has existing improvements on it, the highest and best use may very well be determined to be different from the existing use. The existing use will continue however, unless and until land value in its highest and best use exceeds the total value of the property in its existing use. The four tests of Highest and Best Use are those outlined above, i.e. physically possible, legally permissible, financially feasible, and maximally productive. Highest and Best Use for the subject property is examined on an As Vacant and As Improved basis. The criteria for the Highest and Best Use for the subject property are set forth in The Appraisal of Real Estate, Tenth Edition, Appraisal Institute, 1992, p.p. 280 -283. When considering Highest and Best Use, the following tests are applied: HIGHEST AND BEST USE AS VACANT Physically Possible - Physically possible considers many items about the site, including all physical characteristics such as size, shape, area, and topography. Other items such as frontage, visibility, depth, and width are also to be considered. When considering Highest and Best Use as vacant, sole consideration of a site's potential use, as opposed to its current use, should be determined. The subject site is approximately 5 acres, large enough to accommodate only small residential development. The shape, which is irregular, is still conventional enough in width and depth for logical development and infrastructure planning. The level topography and stable soils allows for optimum buildable area. The frontage on three sides of the subject allows for a potential of more than one access point, which will allow for good internal traffic flow and infrastructure development. All essential urban utilities are located within the public rights -of -way. 26 l i j Legally Permissible - Legally permissible considers such items as current zoning regulations, potential zoning changes, protective covenants, deed restrictions, or other restrictions imposed by an administrative authority. The subject is currently zoned "P -1," Public, Semi Public as governed by the City of Centerville. However, according to Jim March, should the subject ever be transferred to a private entity or individual, the likely zoning would be residential, which would allow minimum lot sizes of 15,000 s.£ There are no other protective covenants or deed restrictions associated with this property, and any other influences by administrative authorities are no more strict than in other competing areas. Financially Feasible - After satisfying the above requirements, consideration of the property's use which is Iikely to produce an income or return equal to or greater than the amount required to satisfy the financial obligation is considered. As well, an adequate return to the land must be measurable. The surrounding land uses provide an indication of which uses satisfy the highest dollar return to the land. There has been no changes in surrounding land uses. The land uses include primarily single family detached residential uses. Today, there are two developments, one to the south and one to the southeast of the subject. Here, single family residences are being constructed on 15,000 s.f. +1- sites, and there appears to be adequate market demand. The likely use for the subject is single family residential subdivision. Maximally Productive - Maximum profitability is obtained from that use among those financially feasible which provides the highest present worth to the property. Based on the current condition of the real estate market, the highest and best use of the site as vacant and available for development would be single family residential subdivision. 27 THE MARKET APPROACH THE MARKET A EXPLAINED The Market Approach is a method of estimating market value whereby the subject property is compared with other comparable properties that have recently sold or are listed. Comparisons are applied to the unique characteristics of real estate that causes its price to vary. These 7 items are: property rights conveyed, financing terms, conditions of sale, market condition (time), location, physical characteristics, and "other." A precise sequence of the adjustment process is observed, subtracting first for property rights conveyed, financing terms, conditions of sale, market condition, and all other units of comparison combined. A summary table of the most applicable comparables follows. To obtain recent sales data from the subject's county, we utilized records at the Anoka County Courthouse, as reported by Plat Systems, Inc. We searched comparable land transfers in Centerville, and neighboring Lino Lakes and Hugo. We have obtained the best and most similar comparables available to use for this analysis. 28 COMPARA : L SALES ADJUSTM NT GRID ITEM SUBJ. 1 2 3 4 Address/Location Betw. W. of Now platted Now platted Off 20t Lamotte & Centerville as Lakeland as Parkview Ave., north Centerville, Road, S. of Hills -- Main Estates -- of Main St., S. of Lamotte Park St. East of Centerville Heritage, @Lakeview Centerville Centerville Terr. Rd. Grantor /Grantee J r 1. to Carlson Leroux to Tourville to Moore to Royal Oaks Carlson Travis Holding Sales Prico �§ $192,000 $320,000 $268,000 -' .. rr Price /Acre . yr 1 $18,000 $19,200 $17,777 $13,400 Sales or Financing I 1 Cash Cash C/D Cash Concessions s +3% Conditions of Sale None None None None Date of Sale/Time 11/98 5/97 3/97 6/98 10% +17.5% +18% +12.5% Adjusted Sale Price ) ' i 1 $19,800 1 $22,560 I $20,977 I $15,075 Location Good Resid, Good Resid. Good Resid. Good Resid. Good Resid. j Site Size about 5 acres about 24 10 acres 18 acres 20 acres acres +5% +10% +10% +10% View Park Similar Ltd. Lake Similar Similar Topography Generally Slightly Rolling Generally Generally level -- slight rolling level Level, some roll low Natural enhancements None None None None None Access Adequate Adequate Adequate Adequate Adequate Other development None 6.7 acres are 2.5 acres are 1.5 acres are 7 acres are impediments wetland wetland wetland wetland +25% +25% +8% +35% Infrastructure (utility All avail. Needed to be Present Some Some availability) extended extension extension +20% +10% +15% Zoning Could be Resid. Resid. Resid, Resid. Resid. Gross Adjustment 55% 30% 28% 60% Net Adjustment ,3 - +35 °/a +20% +8% +40% Price ° �� $26 ** $27,072 $22,655 $21,105 *Developer would not indicate price paid as reported to the county, as it is lower than actual compensation to sellers. He based the package price on $18,000 /acre, so this is the amount used. * *This may be artificially high, due to the fact that the developer compensated the sellers less than the $18,000 indicated and used in this analysis. 29 ADJUSTMENT ANALYSIS: 1. Real property rights conveyed - All comparables sold fee - simple with warranty deeds. There are no adjustments necessary in this category. 2. Financing - All of the comparables sold with cash terms, but one. Comparable 3 sold via contract for deed. A cash equivalency adjustment of +3% has been applied. 3. Conditions of sale - This adjustment reflects the particular motivations that make a person buy or sell. Certain motivations may either increase or decrease a purchase price from a true market- derived price. There are no adjustments in this area. 4. Market conditions (time) - A time adjustment is used to reflect changes in the marketplace that created prices to change. Things such as declining or inflationary economies, or over - supply or under -demand situations can create differences in market prices through the passage of time. We have applied a 5% straight -line appreciation per annum to each comparable property. This is based on average inflation rates and Regional CPI indexing, which has averaged just under 3% per annum, increased slightly for the general good health of the real estate market and high market demand in this portion of the metro area. 5. Location - The subject and all comparables are located within the City of Centerville. All are located in equally - desirable portions of the city, therefore no location adjustments have been applied. 6. Physical differences - Physical differences are items such as site size, view, topography, natural enhancements, access, and other development impediments. Site size - Typically there exists an inverse relationship between size and dollar amount per acre, so properties with larger amounts of acreage sell for less per acre that those properties with less acreage. However, due to the fact that only smaller parcels of land are available for development in Centerville, developers typically can only purchase parcels under 20 acres in size. Due to the economies of scale of residential development, many of the processes and administrative items take the same amount of time, no matter what the parcel size. Therefore, in this particular instance, the inverse theory does not apply. Rather, parcels that are smaller, which do not enjoy economies of scale for development, typically sell for less per acre. We have applied -10% adjustments to the comparables that are between 18 to 24 acres, and a -5% adjustment to the comparable which is 10 acres in size. The subject is only 5 acres in size. View - The subject and comparables have equally desirable and similar views. We have not applied any adjustments for this consideration. 30 Topography - The subject and each of the comparables have generally level or gently rolling topography, therefore there are no adjustments for topography. Development can occur equally well on the subject, as compared to each comparable. Natural Enhancements - The subject and each comparable do not have any natural enhancements, other than some have wetlands. This is accounted for under the development impediment line -item. Access - The subject and each comparable have similar access situations therefore no adjustment applies. Other development impediments - We have applied adjustments to this line -item based on percentage of wetlands. Adjustments equal to the applicable percentage of wetlands on each comparable are applied. The subject has no wetland acres. Infrastructure - The subject and all comparables have access to all essential urban utilities, however three of the four comparables had to extend utilities prior to being laterally extended through the development. Adjustments approximately equal to the dollar amount spent for the utility extension is applied to each applicable comparable. Zoning - The subject and each comparable have the ability to subdivide into single family residential home sites of 15,000 s.f. minimum size. Therefore, we have applied no adjustments. FINAL CORRELATION THE MARKET APPROACH We have located an ample amount of comparable data from within the subject. All comparables located are deemed very similar to the subject. The range of adjusted data is from $21,105 /acre to $27,072 /acre. The value indication of comparable #1 is $26,730, however per the footnote, this may be artificially high, due to the developer's compensation to the sellers at something less than his disclosed $18,000 /acre (prior to adjustments). The average of the adjusted body of data is $24,390.50 /acre. The most similar comparable, and the one with the least gross and net adjustments, is #3, which indicates one of the two lower- adjusted value indications, of $22,655. We have determined a final value indication for the subject at $24,000 /acre. This is based on the adjustment analysis, whereby the average of tall of the data indicated $24,390.50 /acre, and the adjusted value indication of the most similar comparable, #3, at $22,655/acre. The remaining comparables also support this appraised value finding. Therefore: about 5 acres X $24,000 /acre = $120,000 31 CERTIFICATION I certify that, to the best of my knowledge and belief That on various dates, the most recent of which was November 30, 2000, Julie Jeffrey - Schwartz has personally inspected the property. The client, the City of Centerville instructed us to not contact the subject property owner, the Church of St. Genevieve, to accompany us on the inspection. That I understand that this appraisal is to be used in connection with acquisition by a government body, and that this appraisal has been made in conformity with the appropriate State Iaws, regulations, policies and procedures applicable to appraisal for such purposes, and that to the best of my knowledge and belief, no portion of the value assigned to this property consists of items which are not compensable under the established State law. The statements of fact contained in this report are true and correct, subject to the Assumptions and Limiting Conditions. My analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice. (Appraisal Standard #1) l I have no present or prospective interest in the property that is the subject of this report, and I have no personal interest or bias with respect to the parties involved. The appraisal assignment was not based on a requested minimum valuation, a specific valuation, or the approval of a loan, nor upon the occurrence of a subsequent event. (Appraisal Standard #l0) My analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Practice of the Appraisal Institute. The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. The Appraisal Institute conducts a voluntary program of recertification through continuing education. Julie Jeffrey- Schwartz is currently certified under this program. No one provided significant professional assistance to the person signing this report. I will not reveal any of the findings contained in this report to anyone, unless by due process of law, I need to testify publicly to any findings contained herein. That my independent opinion of the fair market value of the acquisition for the subject property, this 30 day of November, 2000 is : ONE- HUNDRED TWENTY - THOUSAND DOLLARS .. $120,000* *This is based on the assumed subject size of 5 acres. The actual value should be determined at $24,000 /acre, after a survey to determine precise size. l VardraTatreira lie Jr 1".. y Certified General Appraiser Minn. Lic. #4002423 Wisc. Lic. #482 Ohio Lic. #423328 Mich. Lic. #1201005363 PROFESSIONAL QUALIFICATIONS JULIE JEFFREY- SCHWARTZ Certified General Appraiser EDITCATION Appraisal The Appraisal of Easements, Appraisal Institute Partial Interest Valuation -- Divided, Appraisal Institute The Appraisal of Special Use Properties, Appraisal Institute Report Writing and Valuation Analysis, Appraisal Institute Advanced Applications, Appraisal Institute Standards of Professional Appraisal Practice A & B, Appraisal Institute Capitalization Theory and Techniques A & B, Appraisal Institute Basic Valuation Procedures, Appraisal Institute Real Estate Appraisal Principles, Appraisal Institute Investment Property Appraisal and Financial Analysis, ProSource Advanced Yield Capitalization, ProSource Appraising Income Producing Properties, ProSource Appraising Commercial Properties, ProSource Appraisal Standards and Ethics, ProSource Certified Real Estate Appraisers Course, ProSource Houses: FHA Appraisal and Construction Standards, ProSource Home Inspections: Beyond the Basics, ProSource Numerous Seminars (International Right of Way Assoc., Farm Managers & Rural Appraisers Appraisal Inst.) Genera( Lakewood College, Associate of Arts Degree Realtor Institute, Graduate (G.R.I. Designation) Northeast Metro Technical Institute, Computer Operations/Programming Degree EXPERIENCE President, Lake State Realty Services, Inc., since 1991 Real Estate Sales License since 1984, Brokerage license since 1991 Appraising Real Estate since 1985 Employed by Minnesota Department of Transportation for 4 years, as a real estate appraiser and expert witness Testified at various hearings and trials Appointment to the Lino Lakes Economic Development Authority Advisory Board Secretary -- Lino Lakes Area Chamber of Commerce General contracting experience and some property management experience Served on the St. Paul & Minn. Board of Realtors Government Affairs, Prof. Standards, & Ethic Committees Certified Instructor for "Expert Witness Testimony" through the State of Minnesota (Through Int'l. Right of Way Assoc.) Appointed as Neutral Appraiser /Expert Witness by Washington County Courts Prepare reports and potential expert witness testimony for Congressional Subcommittees related to federal real estate appropriations LICENSES COMMISSIONS, MEMBERSHIPS /AFFILIATIONS Certified General Appraiser License, Minn. #4002423 Certified General Appraiser License, Wisc. #482 Certified General Appraiser License, Mich. #12 -01- 005363 Certified General Appraiser License, Ohio #423328 Appointed to the Lino Lakes Economic Development Authority Advisory Board Secretary (Board of Directors) -- Lino Lakes Area Chamber of Commerce Received Hammer Award for reinventing a federal government that is more efficient and costs less from Vice President Al Gore (1999) Real Estate Brokerage License Notary Public Commission Member of St. Paul, Minnesota, and National Association of Realtors Member of the Multiple Listing Service Member of the International Right of Way Association (IRWA) Member of the National Association of Realtors Appraisal Section Affiliated with the Appraisal Institute (MAI Affiliate) Member of the National Association of Real Estate Appraisers (NAREA), Certified Real Estate Appraiser Designation -CREA Member of Farm Managers and Rural Appraisers PROPERTY TYPES APPRAISED Extensive appraisal experience in Minnesota, Wisconsin, Michigan, Ohio, and Iowa, in numerous counties, cities, and towns, for various clients, including various government (Federal, State, and local units), lenders, insurers, attorneys, and private clients: Residential: single family (inc. lakeshore /river front), town homes, condos, mobile homes, twin homes, and multi - family Commercial: restaurants, junk yards, implement/auto dealerships, retail (stand alone and strips), parking lots, small to large office buildings, regional medical facilities and clinics, bowling alleys, saw mills Industrial: manufacturing, hi -tech, warehouses, distribution centers, single -& multi -tenant Rural: crop land, rice farms, organic farms, farmsteads with all buildings Investment: apartment buildings, duplex/multi -plex, office /retail buildings Land: commercial, industrial, residential, residential subdivision analysis, wetlands, rural, railroad crossings, sand/gravel pits, timber land, lakeshore /river front, scenic easements and other easements, flood plain land Other: condemnation/litigation, partial takings /severance, feasibility, fractional interests, resid. /comm. review, equipment and trade fixtures, special use: including post offices, Federal Buildings, U.S. Customs Border Stations, Reservation -owned properties, railway terminals, churches, auto prooving grounds, substantially destroyed structures 34 7. ti THE LINTY BANK o �,. L e / Growing the future \- ic U' \A LI - e t-4 C C t ti cc City of Centerville �' �� 1880 Main Street R C Centerville, MN 55038 Jim March: , After analysis of your current situation with Firstar, we put together a comparison of the numbers (yield and fees), to The County Bank's offering. With The County Bank's account structure, you can see that the city has a large advantage over its present account structure. This is due to your present rate structure and very high fees the city is paying on their account at Firstar. I hope this helps you in your determination of making a change in the accounts you have. I was surprised to see that there was a net gain for the City of Centerville of over $8800.00 over the three -month period!! In order to see Centerville get the best they can out of their banking needs, I will make myself available when you need, so we can further discuss the city's situation. Thank you for this opportunity to analyze your banking needs and I hope to hear from you soon. Sincerely, I Craig J. Bode Vice President/Branch Manager • CC: Tom Wilharber, Mayor Teresa Bender, Clerk/Treasurer FOREST LAKE CENTER CITY CENTERVILLE 1650 South Lake St. • P.O. Box 638 300 Andrews Ave, • P.O. Box 247 7111 21st Ave. North Forest Lake, MN 55025 Center City, MN 55012 Centerville, MN 55038 Ph: 651.464.2880 Fax: 651.4642955 Ph: 651.257.1096 Fax: 651.257.2965 Ph: 651.762.9440 Fax: 651.762.9441 N N M r-- O d Q a n 0 N M N 4 w 44? °p 0 wg C 0 0 ` O .9 dr ,p 0 o o 00 U ° c° M O ti M lt N lt O M 00 w (O '7 to M cV Ci (V r ai v 4J N O eT IO A m er 4 a 0. N O) ltmr COr e... bit C d CO N O { A A CO 0 N L O id e w lo S. it Y CA vi 44 H3 ( (9 fA 4) d 0 0 fl 0'7 '0000 u) 0000W Cn lt W N O O u1 O O u) CP (Orr u) M CO NI A m lt N M A A N cri lc N N u) r N N r d' be O 4449494943 4969690369 446969E9- •N IM 0 4) a p � 40 e o v O v u) O lt U ��` _v < 7 N te aa,, (�� N C © V 'N a) © N m V `� co a) 0 a G 0 a N O d •~ u a) d o d N v U O N v o a7 C C C c a a (a d +r a (a d..) O (1) a) a) a) N N N Q N N N O a U U y c o U , c .a- U c ci Q. O . (Ni CO C O O N r .4 V N 9 O 461 0 0 in PI cc us 4 U 0 o W O o0 0lt % (n colt o(nN rn m 0cflg t m O m A c{') CA I4 O volt lt (A A Q1 �'- M r U m Nu) C7M O) m N u') come O) u) Cl ttiN N 0 U t A co W u) u) O) A r uo co No in O) O) -a- N t 0) G ` CO CO O) r O r r O r r 0 -0 r N N a) W o A O co O r O O lt m c0 O O b W t co N O N co r r co N u7 r r ro w h Ca • a r co N N O) N N O Ni N Q a) r r a) ism J (0 m h is Q. M 49 49 44 49 49 43 44 69 E9 44 44 .P4 40 CO O) H al a) a c a) ea PA m U e • C co O N 0 a m a y o0 ma) � a c6 , 2 o co E to a m W tr��'> Ua0ai a cCCL'> USE u$6'> -� Q N Q A a N co N N Q .- 9 a a O y O• y V N . p U J KZ ).--.14C J RCZ >_1(.0 J cCZ YJO A • 145 University Avenue West, St. Paul, MN 55103 -2044 LMC Phone: (651) 281 -1200 • (800) 925 -1122 TDD (651) 281 -1290 League of Minnesota Cities LMC Fax: (651) 281 -1299 • LMCIT Fax: (651) 281 -1298 Cities exam* Web Site: http: / /www.lmnc.org December 1, 2000 Dear Experienced City Official: As a leader in your community, you know how difficult it is to juggle citizen requests, plan budgets and care for the dynamic business of running a city. Dealing with current challenges of your city-- while planning for its future, is demanding. The League of Minnesota Cities provides you an opportunity to hone your municipal leadership skills, learn new ones and revive your commitment to public service. The Leadership Conference for Experienced Officials is a terrific two -day opportunity to participate in advanced training with your peers from across the state. This year's focus is Integrity in Public Service, and featured presenters are Carl Neu, popular keynoter for the Conference for Newly Elected Officials, and Jane Calabria McPeak, of Hamline University. You'll appreciate their practical messages and entertaining styles. The two -day conference will be presented in two Minnesota cities — Grand Rapids, January 26 -27; and St. Louis Park, February 16 -17. While the Leadership Conference for Experienced Officials is presented concurrently with the League's Conference for Newly Elected Officials, it has a separate agenda and provides plenty of time for your specific questions of the keynote speakers. Enclosed are materials you'll need to register for the Leadership Conference for Experienced Officials' Conference and to make hotel arrangements. Better yet, just go to www.lmnc.orq and register online! 1 invite you to join other elected officials in an inspiring and informative experience, and look forward to seeing you at the Leadership Conference for Experienced Officials. Sincerely, Jodie Tooley, Manager Conferences and Training AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER ■ Janua ry 26-27, 26 -27 2001 Grand Rapids, MN Lead �� �' P Ruttger's Sugar Lake Lodge (800) 4504555 Conference February 16 2001 St. Louis Park, MN for Experienced Double Tree Park Place Hotel (800) ) 22 222 -873-8733 Off icials This year's conference focus: Integrity in Public Service Featured presenters: Sharpen your municipal leadership Carl Neu— Back by popular demand! skills, learn new ones, and revive your Jane Calabria McPeak— Dean, Hamline commitment to public service University Graduate School of Public Administration and Management Plan now to join other elected officials at this event designed to inspire, refresh, and skill- build. Registration fee: $150 It's a great way to start your year! How to Register: Register online anytime Conference Agenda: at www.lmnc.org (online registrations will Friday Saturday be billed). 3:00 p.m. Welcome 8:00 a.m. Host Mayor Greeting Housing: To make reservations for overnight 3:15 The Changing Big Picture 8:15 Integrity in Public accommodations, call each hotel directly. for Experienced Officials Service, cont'd Cancellation Poky: All cancellation requests 4:15 Integrity in Public Service 9:30 Ethical Decision- must be in writing, faxed or postmarked 7 days 5:15 Social Hour/ Making: Tension, prior to the conference, and are subject to a Networking Competition and $ handling fee. All unpaid registrations Conflict not cancelled 7 days prior will be billed at the 6:00 Dinner and full conference rate; no refunds will be made. Recognition of Leaders 10:30 Break questions? 7:00 Essentials for Ethical 10:45 Ethical Decision - Call Jodie Tooley (651) 281 -1251, Decision - Making Making, cont'd Cathy Dovidio (651) 281 -1250, 12:00 Adjourn or Rebecca Erickson (651) 281 -1222. L Re Form >•.. LeadersCotderence for E O frrcials Registration fee: $150 011 - 6 . 1 . 0 1•••. 2 - - : Indicate which location you will attend: -❑ Jan. 26-27, Grand Rapids Cl Feb. 16-17, St. Louis Park City Method of payment: Contact person ❑ Check or PO enclosed (make checks payable to League Telephone number ofMinnaota Gees) Registrant's name ❑ Please bill the city ❑ I already registered online Title or via fax and I'm enclosing my payment Address City Stare Zip register online Mail this forth with payment to: League of Minnesota Cities, 145 UniversityAvenue West, Sr. Paul, MN 55103 -2044 anytime: Fax to: (651) 281 -1296 www.lmnc.org Page 1 of 2 Jim March To: WIR Subscribers Subject: Week in Review Week in Review December 8, 2000 Building Permits this Period = 5 Building Permits YTD = 195 New Homes Year to Date = 54 # *4 # *. ♦..k R#!r#**k *aA� -AA A�w*#*YS ***A- Ake- tw..,.k AAA... k..,... -A..k A.... k�AA -k #*#***ie * The truth in taxation hearing was held on Monday of this week. There were approximately eight residents in attendance at the hearing. The City Council will be holding their last regular meetings on December 13th and December 27th of this year. * The Pheasant Marsh subdivision was discussed at the planning and zoning commission meeting on Tuesday. A public hearing was held to gather public input on this proposed subdivision. There were a handful of residents in attendance to review the revised preliminary plat. The revised plat contained 77 lots compared to the 88 lots previously proposed. The developer's are proposing to create the development in three phases. The first phase would be coordinated with the development of a new elementary school. The developer's are also willing to install turn lanes into the development along Centerville Road to minimize traffic impact. The planning and zoning commission voted unanimously to approve the proposed preliminary plat. The proposed preliminary plat will come before the City Council on December 13th. * A public hearing was held on the proposed rezone of 1873 Main Street. Lloyd Drilling requested permission to rezone the property from R -2 residential to B -1 commercial. This would allow for the development of a retail /commercial center across the street from City Hall. About six property owners on Shad Avenue were in attendance to oppose the rezone. They did not want to have a commercial building along Main Street. Those in attendance stated they would rather pay higher taxes to keep the residential nature of the community. After a lot of debate and discussion the planning commission voted 6 -1 to recommend to the City Council that the property be rezoned to B -1 commercial with the condition that an acceptable site plan be approved that considers appropriate buffering for the residents. * There is a fundraiser scheduled on December 16th for Nancy Gunderson - Collins. The fundraiser is going to be held at Kelly's Korner. Nancy is the daughter of Katie that works at Kelly's. Nancy is a single mother with three children. She has some serious health problems that are keeping her from being able to work. The fundraiser is an all you can eat 12/8/00 Page 2 of 2 spaghetti feed. There is also a raffle and silent auction that are being conducted along with this event. Tickets are available at local businesses, at City Hall or from any Centerville Lion's member. * I am told that the ice skating rink may be open this weekend. Public works has been working to get the ice as smooth as possible. • There are two vacancy's for the EDC committee. Contact City Hall if you want more information on this item. Encourage someone you know to apply for these vacancies. • I have had two calls this week from people looking for demographic information on the community. They only state that they are considering opening a business in the area and want information on population and traffic counts. *Enjoy the weekend. Snow is in the forecast! 1218/00 Jim March From: Jim March [jmarch ©goldengate.net] Sent: Friday, December 01, 2000 1:54 PM To: Wayne LeBlanc; Tom Peterson; Theresa Brenner; Terry Sweeney; Ray Devine; Patricia Scott; Michelle Moser; Mary Capra; Mari Nelson; Lori Dorn; Linda Broussard Vickers; John McLean; Jim Hoeft; Hanna Tilsen; Elizabeth Scheller; Doug Porter, Dick Travis; Dave Kilian; Brian Walter; Brian Hanson; Barry Brainard; Aimee Fairbrother; Tim Swedberg Subject: Week in Review Week in Review December 1, 2000 Building Permits this Period = 8 Building Permits YTD = 190 New Homes Year to Date = 54 * ********************************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * 1 was informed by Wayne LeBlanc that the DNR will not be allowing the lake level to be lowered in Peltier Lake in an attempt to provide an early eradication of eurasian milfoil. The DNR was concerned about potential negative effects to the fish population and communicated this concern via a letter to the Centerville Lake Association. * We have posted vacancies for the economic development commission. Mary Capra will be resigning in January due to her commitment to serve on City Council and John Magill has submitted his resignation due to increasing duties from his work and family commitments. * The Hunter's Crossing bond was successfully closed this week. Thanks go to the County Bank for purchasing the bonds for this project. * I attended an informative trail's meeting at Bunker Hills Activity Center yesterday. Wayne LeBlanc was also in attendance representing Centerville. Anoka County has amended their master plan to incorporate a future trail connection across I -35E near Clearwater Creek. The funding will have to be obtained for a pedestrian bridge in this location. We will attempt to tap into our legislative resources as we make a case for state funding for this project. * Ground Development has brought in a revised plat for their proposed subdivision to be known as Pheasant Marsh. The public hearing is scheduled for next Tuesday at the Planning and Zoning Committee. * Truth in taxation hearing is scheduled for 12/4 at 6:OOpm. Final levy amount needs to be certified by the end of December. 12/1/00 rage z of t * A new sign ordinance is nearing completion. A public hearing on this ordinance will probably be scheduled for the January Planning and Zoning Committee meeting. • There is currently about 5.5 inches of ice on Centerville Lake. If cold weather adds to that total the Centerville Lion's are considering sponsoring the first ever youth ice fishing contest this year. This item is being discussed at our next meeting. * Enjoy your weekend! 12/1/00 CITY OF CENTERVILLE PLANING AND ZONING COMMISSION NOVEMBER 14, 2000 Pursuant to due call and notice thereof, the Planning and Zoning Commission held their re! 1: ly scheduled meeting on November 14, 2000, at 6:30 p. m. PRESENT: Commission Member Alan LaMotte Commission Member David Kilian Commission Member Rob Sheppard Commission Member John McLean / ' Commission Member Ray DeVine Commission Member Brian Hanson Commission Member Barry Brainard i P p ABSENT: None. ��� � 1 COUNCIL: Linda Brouss. ickers 1 � ' , r STAFF: City Admims vyr Mar,Ae ' !: � 1 H L UHFH L CALL TO ORD I t r 1 i t t fi- tin was � ' ' g t R . d to �� .I a t . ,. , � 0 a k l( � � -� The IL :13 I • I I' (S) , ' ' i { , 1 ■ I 1, c rt cti. ip - : D ance ' <'Yapt t,i V - ' j t,: d w n s (11 •1 i open r or rwiirtu, .1y'21 t a is 1 at 6:37 p.m. 41.----%,4 % 1rs ;:.', 11'Main ku ee .. py13 s:e Commission and requested a larger sign ;Ale o % • y it I lilr e c nt Sr . E w ce frA Mr. Schlavin stated that he is partially ;' . • n rr i b' rr3, es , is req k Ling . larger sign as a benefit of paying same. sa0, s ), „: D 4 ]a" a questioned t. e type of time and temperature sign Mr. Schlavin :, p : - to - stall. Mr. Schlavin stated that he is requesting a larger sign to 1 + - - r.: 11 1 ,.; ,, •mmission's decision as to what would be allowable. r 111) :nsioner Brainerd questioned the current allowable sign size and consensus was ' t .,i;i�% o (2) square foot sign was currently allowable. ommissioner DeVine questioned the amount of street frontage Mr. Schlavin owned. Mr. Schlavin stated approximately one hundred (100) feet. Council Liaison Broussard Vickers questioned sign dimensions that had been discussed at a previous work session. The Commission that a two (2) foot by three (3) foot sign is allowable for a home based business. Ms. Vickers questioned whether Mr. Schlavin had Page 1 of 9 researched the possibility of rezoning his property to commercial and the effects of same on his property taxes. Mr. Schlavin stated he had contacted Anoka County but was unsuccessful in obtaining same. Ms. Sanna Buckbee, 7381 Peltier Circle, stated that in her opinion Mr. Schlavin should be allowed to erect a larger sign due to his property location. Chairperson Hanson suggested that Mr. Schlavin research the possible advantages of rezoning his property to commercial and the effects of same on his property taxes. Council Liaison Broussard Vickers questioned resident response to the variance request from Mr. Schlavin. Mr. March stated he had not received any negative input from residents regarding this matter. Commissioner McLean stated that the request did not meet the requirements for granting a variance. Motion by Commissioner Brainard, seconded by Commissioner DeVine to close the public hearing. All in favor. Motion carried unanimously. Chairperson Hanson closed the public hearing at 6:47 p.m. 2. Ground Development (Preliminary Plat — PUD) Chairperson Hanson opened the public hearing at 6:47 p.m. Terry Hannah, Ground Development, was present and discussed the proposed eighty - eight (88) lot development and the phasing (3) of same. Mr. Hannah also discussed the elements of the development and outlined the modifications previously requested by Planning and Zoning and Council. Mr. Hannah discussed the following modifications: Traffic Impact (Centerville Road) Mr. Joel Cooper, Engineer; Ground Development, stated that a formal traffic study had yet to he conducted, it is generally understood that eighty -eight (88) lots would generate eight hundred eighty -eight (888) trips per day on the roadway. Mr. Cooper anticipates that 1/3 of the traffic leaving the development will flow outward to Centerville Road and the other 2/3 will flow north to Center Street. Mr. Cooper reminded the Planning and Zoning Commission that traffic generated by the new development would not come at once but rather in phases as the development is scheduled to be built out within three (3) to six (6) years. Mr. Cooper stated that in his opinion Centerville Road had been designed to handle 7,000 to 8,000 trips per day and should be able to handle the added volume of traffic. Driveway Access (Two (2) Properties to the North) This issue had yet to be effectively resolved and negotiations continue with the property owners. Trail Issue Subsequent to the Parks and Recreation Commission meeting, it was determined that the City would request to have the trailway continued north through the Hunter's Crossing development and travel along the sewer force main easement. Drainage Ditch Mr. Cooper addressed the drainage issue and stated that Ground Development would install a storm sewer and ponding system that would drain into an existing wetland area. As designed, there would be less runoff, post development, than at present. Mr. Cooper felt that the impact due to modifying the drainage at the site would be null. MUSA Line Swap The City has stated that Ground Development would need to secure a MUSA Line Swap and associated expenditures. Dupre Road Ground Development would provide for sidewalk installation along Dupre Road. Park Land or Park Dedication Fee The Parks and Recreation Committee requested park dedication fees rather than park land. Previous discussion involved the possibility of dedicating a portion of the land marked for open space on the plan for a park should future development occurs. Monument Sign The City has questioned whether a monument sign would be erected at the entrance to the development. Mr. Hannah concurred. Tree Conservation Mr. Cooper submitted maps showing the treed areas and various tree lines. Mr. Cooper stated that over half of the trees would remain, however, several would need to be removed for construction purposes. Commissioner Killian questioned the type of trees that would remain and be installed within the development. Mr. Cooper stated that an official tree study had yet to be conducted but to the best of his knowledge, the trees would be softwood not hardwood. Impact on the School District Lengthy discussion was had regarding Centerville Elementary's operating capacity, student enrollment, occupancy of Phase I homes in 2002, the building of the new school, the average price of homes comparative to the amount of children that reside in same and the general impact on the school as a result of the proposed development. Mr. Cooper stated that one of the PUD requirements consist of dedicating 20% of open space within the development. Mr. Cooper addressed this issue and stated that 21.7% open space has been allowed. Commissioner Brainerd questioned whether the certificate of occupancy could be contingent upon whether the new school is open for enrollment. Mr. March indicated he had received various input from area businesses and residents concerning the development. Some in favor of and some against. Mr. March stated that three areas concerned him with the plans submitted. Mr. March also stated that Centerville Road, as the developer indicated, is capable of handling 7,000 to 8,000 trips per day. However, it currently is handling that many trips and the developer would need to speak to Anoka County to receive a permit to access Centerville Road from the development. Mr. March stated that the developer had indicated the reason he was applying for a PUD was to have a variety of lot sizes, and that this is misleading due to the current City Code that allows for various lot sizes with standard residential platting. The open space requirement for PUD's has not been met in this case, as the open space is required to be useable land that is not private land. The developer has dedicated a wetland and space in the backyards of the available lots as open space and that is not currently allowed by City Code. Mr. March submitted a letter from the developer addressing the issues requested by the City. Mr. March also submitted a letter from the Superintendent of Schools stating the school district is operating above capacity and will be doing so until the opening of the new school in the fall of 2002. Mr. March indicated the current proposal submitted by Ground Development does not meet the requirements for a PUD. Ms. Buckbee questioned how open spaces could be private but could not be in private yards. Ms. Buckbee questioned whether the City of Lino Lakes had received a similar letter from the Superintendent of Schools. Mr. March explained that the area dedicated for open space within the development needed to be land not included in private lots individual owned. Mr. March also informed Ms. Buckbee that it was his understanding that the City of Lino Lakes had received a similar letter from the Superintendent of Schools. Commissioner McLean questioned whether the development was in line with the City's Comprehensive Plan. Mr. March concurred. Ms. Lori Peterson, 7065 Dupre Road, expressed her concern that Dupre Road would be a thoroughfare for traffic going out of the development to Center Street. Mr. Cooper believed 2/3 of the traffic would flow north to Center Street. Mr. Wes Schoeberlein, 6906 Centerville Road, expressed several concerns; current capacity of Centerville Elementary, exit and entry to the development and the amount of traffic currently and in the future on Centerville Road. Mr. Schoeberlein felt that Center Street is currently unsafe due to the high volume of traffic and was concerned for children's safety. Commissioner Brainerd stated that the development of the property would be coming in one form or another and suggested that a traffic study be completed to provide the best and safest access to the development. Council Liaison Broussard Vickers questioned whether Mr. Schoberlein had a driveway easement and, if so, where it was located. Mr. Schoberlein stated that he drives straight out to Centerville Road. Mr. John Lundbald, 6904 Centerville Road, stated that he had a valid easement that was part of the legal description for his property. Mr. March indicated it may be easier to address the driveway access issue by eliminating a couple of lots and centering the (2) two homes on the cul -de -sac at the north end of the development to provide better access for the two (2) properties in question. Mr. March stated that the Planning and Zoning Commission needed to determine whether the development met the requirements of a PUD and either approve, deny, or table action. Commissioner LaMotte questioned the sewer force main running to the north of the development. Mr. March stated that the Met. Council owned the force main and was in the process of replacing the piping in that area. Mr, Joe Schwartz, 6882 Centerville Road, stated that he had concerns regarding the proposed trail that would run along his property. Mr. Schwartz stated that moved to Centerville to be outside of the inner city and was upset that the development was coming. Mr. Mike Carter, 6913 Sumac Court, stated that it could be possible for the development to have houses in place prior to the opening of the new school, which concerned him. Mr. Carter expressed a desire to have a park located within the development rather than receiving park dedication fees. Mr. Carter felt that a park was necessary to prevent children from crossing Main Street to go to the nearest park. Mr. Carter also expressed concern for increased traffic on Center Street. Ole Mersinger, 6936 Tourville Circle, expressed his concern for the safety of the children along Center Street if traffic volume is increased. Mr. Hannah, Ground Development, offered to amend the submitted plans to R -2 which would increase the minimum lot size if the City could guarantee approval of the plans by December 15, 2000. Mr. Hannah stated that if the City were unable to come to terms by December 15, 2000, Ground Development would not be developing the area. Mr. March advised the Commission against making any commitments to an R -2 plan since there would need to be a public hearing on the matter. Mr. Schwartz stated that he had received information from the previous owner of his property, which led him to believe, the area next to his lot would not be developed as it was a nature area and that was reason he purchased the property. Commissioner Brainard stated that it is the responsibility of property owner to research many areas prior to purchasing property, such as school district, sewer and water, undeveloped land nearby, etc. Commissioner Brainard stated that it is unreasonable to think the area would stay undeveloped in a growing community. Mr. Carter stated that in his opinion, Ground Development was pressuring the City to agree to their terms by a specific date. Motion by Commissioner Brainard, seconded by Commissioner DeVine to close the public hearing. All in favor. Motion carried unanimously, Chairperson Hanson closed the public hearing at 7:53 p.m. III. APPEARANCES 1. Mr. Roger Shimon — Zoning/Electrical Fencing Mr. Shimon, 1751 Peltier Lake Drive, was present and expressed his concern for electrical fence running along the back of his property, eight (8) feet off the property line. Mr. Shimon stated that there should be a larger buffer and requested that the Commission modifies the ordinance accordingly. Ms. Buckbee stated she was the owner of the electrical fence and that the fence was previously fifty (50) feet off the property line as a courtesy to neighboring residents. However, recently the fencing was moved to within eight (8) feet of the property line. Mr. March stated that R -1 zoning allows for electrical fencing and that the issue is whether the ordinance needed to be amended to include a buffer zone between properties where electric fencing is allowed and where other residentially zoned areas abut. Chairperson Hanson stated that the current ordinance allows a property owner to place a fence directly on the property line if so desire and that it is a courtesy that the property owner has left an eight (8) foot buffer. Commissioner McLean questioned whether there were similar properties that have electrical fencing. Ms. Buckbee stated that there were other properties within Centerville large enough to have livestock but was unsure if others have electrical fencing. Mr. March indicated the Commission would need to amend Ordinance #4 if they felt there was a need to incorporate a requirement for a buffer zone between properties with electrical fencing and those without. Commissioner DeVine questioned whether Council Liaison Vickers' property had electrical fencing. Council Liaison Vickers stated she did not but thought there was old barbwire fencing located on your property. Commissioner DeVine stated he did not feel the need to amend Ordinance #4. 2. Mr. Terry Sager — Mini - Storage Mr. Ten Sager and his partner, Ed Sadeline were present and requested the Commission's willingness in allowing a mini- storage facility in Centerville. Commissioner Brainard questioned whether the facility would have an on -site attendant. Mr. Sadeline stated it would not. Mr. March stated that previously a proposal for mini- storage had been denied due to limited space in the industrial park, the facility did not use city utilities, and did not create jobs for the City. Mr. Carter requested clarification on the location of the proposed mini- storage facility. Mr. Sager stated that it would be located on the east side of the industrial park property. Mr. Carter stated that he would prefer a mini- storage facility to an apartment complex or some industrial use that would generate a lot of traffic, Mr. March questioned the size and valuation of the building that was being proposed. Mr. Sadeline stated that he did not have the exact dimensions at this time but would forward them to the Commission in the near future. Commissioner DeVine stated that the size and valuation of the building would weigh heavily on his decision on whether or not to grant the request to build a mini - storage facility. Mr. Sadeline thanked the Planning and Zoning Commission for its time. IV. OLD BUSINESS None, V. NEW BUSINESS 1. Schlavin Variance Request Chairperson Hanson questioned whether Mr. Schlavin had a sign on the exterior of his home /office. Mr. Schlavin stated that a sign is installed in his front yard, but not on the home /office. Commissioner DeVine stated that Mr. Schlavin's situation was unique; it did not fit the requirements for granting a variance. Commissioner DeVine suggested that Mr. Schlavin bring his tax statement to the next work session scheduled. Mr. Schlavin stated that he is researching various avenues for his property, including obtaining a variance for a larger sign and possibly moving out of the residence and converting the building to a commercial use, allowing him to rent out part of the space. Chairperson Hanson invited Mr. Schlavin to the work session on Tuesday, November 21, 2000, at 6:30 p.m. 2. Ground Development PUD Commissioner McLean stated that Ground Development had done a good job of addressing the concerns of the City and residents with the revised plan. Commissioner McLean also stated that whether or not this development is approved, there would be a development on that property at some point. Council Liaison Broussard Vickers stated that the issue is whether the plan of the developer meets the requirements of a PUD. Commissioner Brainard stated that since the plan of the developer did not meet the requirements of the PUD, the Commission had no choice but to deny their request. Commissioner DeVine encouraged Ground Development to come back before the Commission with an R -2 development plan. Mr. Hannah questioned whether he would need to file a new application and pay the required fee. Mr. March concurred. Mr. Cooper questioned whether the Commission could give the developer an indication of whether a plan for R -2 zoning would be approved. Chairperson Hanson stated that a review of revised plans, a public hearing, remedies to previous requests and commission's approval needed to be granted and felt that it was inappropriate to speculate their decision prior to the above process. Mr. Cooper stated that it was his understanding that changing to R -2 zoning would eliminate four lots but everything else would remain the same. Mr. Cooper also stated that Ground Development would like to get a feel for whether the plan would be approved with R -2 zoning. Chairperson Hanson stated that in his opinion a plan with R -2 zoning had a better chance for approval than the PUD plans submitted. Commissioner DeVine questioned whether Mr. March could point out any differences between the PUD plan and R -2 zoning. Mr. March stated that he would need to see the plan but said the minimum lot size width and depth would be larger. Mr. March stated that the Comprehensive Plan called for a low to medium density development therefore, R -2 and R -5 zoning are in line with the Comprehensive Plan. Council Liaison Broussard Vickers stated that the Ground Development's plan assumes the MUSA line swap will be approved. Council Liaison Broussard Vickers stated that any plan approved by the City would be contingent upon receiving approval of the MUSA line swap. Mr. March stated that it is unrealistic to assume that all approvals required for the development could be obtained by December 15, 2000. Chairperson Hanson told Ground Development that the City appreciated his show of good faith in addressing all the issues raised by the City and residents. Motion by Commissioner Brainard, seconded by Commissioner Killian to deny approval of the Ground Development Preliminary Plat — PUD. All in favor. Motion carried unanimously. Council Liaison Broussard Vickers thanked members of the audience for their input regarding this issue. Council Liaison Broussard Vickers stated that the City has a Comprehensive Plan for development and the school district has had and is aware of. The development discussed fits within the requirements of the Comprehensive Plan. The City of Centerville could stop development, but neighboring communities such as Lino Lakes are not required to do so. Therefore, the City of Lino Lakes could continue to develop and send children to Centerville schools. The City of Centerville is a developing community and legally the City cannot stop the development from coming in unless it has just cause. 3. Ordinance #4 Amendments Mr. March submitted information concerning possible amendments to Ordinance #4 and asked the Commissioners to review the information and bring any modifications or suggestions to the work session. VI. DISCUSSION ITEMS Commissioner Brainard noted his displeasure with the City Council for granting a variance request the Planning and Zoning Commission had recommended denial. He felt the request was granted for a purely political reason and opened the City up for legal liability. He requested that in the future when Council goes against the recommendation of the Planning and Zoning Commission and grants a variance, the Council be required to provide specific examples as to how the requirements for the variance were met. Commissioner Kilian agreed with Commissioner Brainard on this matter. Council Liaison Broussard Vickers indicated she was not at the meeting the Commissioners were referring to but would bring the comments of' Commissioner Brainard and Kilian to the Council. VII. CONSIDERATION OF MINUTES 1. October 3, 2000 Meeting Minutes Chairperson Hanson requested the seconded portion of the first motion on Page 13 be changed from "Hanson" to "LaMotte ". Motion by Commissioner DeVine, seconded by Commissioner Sheppard to approve the October 3, 2000 Meeting Minutes with the requested change. All in favor. Motion carried unanimously. VII. ADJOURNMENT Motion by Commissioner Sheppard, seconded by Commissioner Kilian to adjourn the November 14, 2000 Planning Commission Meeting at 9:09 p.m. All in favor. Motion carried unanimously. Transcribed by: Joan Lenzmeier, Recording Secretary TimeSaver Off Site Secretarial, Inc. . i Al bbia v. ' CENI'ERVILLE ECONOMIC DEVELOPMENT COMMITTEE MEETING M NU ES NOVEMBER 21, 2000 Pursuant to clue call and notice thereof, the Centerville Economic Development Committee held their regularly scheduled meeting on November 21, 2000 at City Hall, 1880 Main Street. Present: Chairperson Tim Rehbine Committee Member Lori Dorn (departed at 8:10 p.m.) Committee Member John Magill Committee Member Michelle Moser Committee Member Betsy Scheller Committee Member Mary Capra Committee Member Dick Travis (Council liaison) Absent: Committee Member Paul Montain Staff: Kris Sweeney APPEARANCES Katie Erickson from Hair Update and Tan arrived approximately 7:05ptn. She stated that Hair Update and Tan would be relocating into Lloyd Drilling's new building. They will open a Spa, which would include; tanning, hair salon, barbershop, pedicures, manicures, etc. She currently has 12 employees, and when they move into their new building they will have more tanning booths. She also mentioned that her husband would be putting a movie rental store next door. One of the committee members asked how the process of moving into Centerville was. Ms. Erickson stated the move went very smoothly. The Committee and Ms Erickson discussed briefly the sign ordinance. Mr. Travis asked Ms. Erickson if the size of a sign matters to local businesses. Ms. Erickson explained that it's not necessarily the size but a sign is important to any business. CALL TO ORDER Chairperson Tim Rehbine called the meeting to order at approximately 7 :40 p.m. APPROVAL OF MINUTES October 17, 2000, Economic Development Committee Meeting Minutes were approved with one correction. Motion by Ms. Scheller, seconded by Ms. Dorn to approve the October 17, 2000,. Economic Development Committee Meeting Minutes. All in favor. Motion carried. UNFINISHED BUSINESS Design Team — "Ideas in Action" Historical Markers — Ms. Capra stated that she is waiting to here from the church in Michigan regarding their historical marker. She also stated that the historical markers are still being planned and worked on It was mentioned that Mayor Wilharber will be donating his time to fix the old fire truck at the old Public Works and that there was an allowance not to exceed $1,000,00. Downtown Revitalization — no update EDC wishes to present plants to the County Bank when their building is completed. Four (4) Centerville mugs were presented to ADL, Goetz Landscape, and Federated Insurance Company, and R & K Cafe. Star City Goals Winter Carnival Activities — still in the brainstorming process until next year. Ms. Scheller spoke with Todd Murawski, Wargo Nature Center, regarding Snow Days. Ms. Scheller commented that Mr. Murawski stated that EDC could sponsor a table or an activity at this event. Snow Days will take place on January 27, 2001 from 10 a.m. to 1 p.m. Ms. Scheller will see if Mr. Murawski would like to make an appearance at the December 18, 2000 EDC meeting. City Merchandise The level of city merchandise was discussed and will remain the same. 2001 Budget The 2001 budget was accepted with revenues brought forward to the year 2001. A motioned was made by Ms. Capra to accept the 2001 budget, seconded by Ms. Scheller. All in favor. Motioned carried unanimously. The positions of Chairman and Vice Chairman were discussed briefly. Ms. Capra position was also discussed and was agreed that they would advertise for her position. A motioned was made by Ms. Capra to advertise for her position on the Economic Development Committee, seconded by Ms. Scheller. All in favor. Motioned carried unanimously. NEW BUSINESS By -laws The by -laws were discussed briefly. Nominations for Chair and Vice Chair were discussed and the committee will vote on it at the meeting in December. Businesses, Citizen of the Year, and Lifetime Achievement Awards were discussed. The ballot form would be in the January issue of the Le Journal. These forms need to be returned by February. EDC will count the nomination forms and determine the outcome at the February meeting. These awards will not be presented at the Holiday Party in the future. Ms. Capra wanted to thank the Lino Lakes Area Chamber of Commerce for sponsoring the forum. Mr. Rehbine mentioned that there were 46 businesses in the Lino Lakes Area Chamber of Commerce and soon to be 47 when the County Bank joins. Welcome packets were discussed. Ms. Scheller suggested that a checklist be added to the commercial packets so new businesses coming in to town would know what they would need to have complete before any inspections. A business survey was mentioned. It would ask questions such as — What would a small business like to see from the Economic Development Committee (i.e. workshops, speakers, etc.) Ms. Scheller volunteered to put this together. ADJOURNMENT Motion by Mr. Magill, seconded by Ms. Scheller to adjourn the November 21, 2000, EDC Meeting. All in favor. Motion carried unanimously. Meeting adjourned at approximately 9:07 p.m. Respectfully submitted: Kris Sweeney City Staff