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1998-07-22 Packet
CITY COUNCIL MEETING AGENDA WEDNESDAY, JULY 22 1998 6:00 p.m. * * * ** *5:00 p.m. 21st Avenue Road Construction Informational Meeting * * * * ** CALL TO ORDER Roll Call I. PUBLIC HEARING (S) 1. Lessard Rezone - Lake Area Utilities Property ('1 V zOth Avenue) II. APVP ARANCES Mary Capra - Lifetime Achievement Awards Carolyn Drude - Bond Issuance for Parkview Development ✓IV. CONSIDERATION OF MINUTES July 8, 1998 Council Meeting Minutes P AYMENT OF CLAIMS The City of Centerville July 9 - 22 �V 20th Avenue Pay Estimate #2 Wi. ET AGENDA F I. TIONS AND COMPLAINTS INISHED BUSINESS Parkview Addition LaMotte Park Lessard Rezone Request Travis Rezone Request ht ' NEW BUSINESS to Fete des Lac - Nois Permit - (Waterworks Jet Ski Show - Softball G'i �ourna ent) , COMMITTEE REPORTS F J 1 INISTRATO REPORT LM' NSENT AGENDA 1 1. Approval of Election Judges 2. Ordinance #4 - Sign Subd. 32.03 -04 Political Signs 3. Ordinance #44A - Building Construction 3. Approve Hiring Aimee Fairbrother as the Part -Time Receptionist. III. ADJOURNMENT WEEK =M REV = EW Edition # 68 7 -13 -98 through 7 -17 -98 Building permits issued this period = 2 Building permits issued YTD = 124 * A meeting was held on Thursday morning with the following people in attendance : Jim March, Dave Nyberg, Gerald Rehbein, Dave Pecchia, Dave Ahrens, Brian Wessel, Joan Tschida and John Paul. Discussion centered around the topic of 21st Avenue. It was apparent that Gerald Rehbein was expected by the Lino Lakes contingency to pave a 30' road entirely within the Lino Lakes road easement. Mr. Rehbein indicated that he was not interested in that option, because he would have to relocate a hydrant and raise a sewer manhole that were both recently installed. In addition, 15' of this new paved road would have to be torn up in the future if the road was reconstructed to be centered equally on both sides of the corporate boundary. Joan Tschida indicated that she needed a paved road by next week Wednesday, because that is when the Amoco is intending to open. She also mentioned that she is going to be in the community a long time and wants to remain on good terms with the Centerville businesses. Mr. Rehbein indicated that he would be better off to build the road himself and center it on the corporate boundary, with the understanding that Centerville may negotiate with him on the future curb and gutter /storm sewer work that would need to be installed. Mr. Rehbein indicated that he would need to know if the Centerville Council would allow him to pave the Centerville side with no commitment that he would be reimbursed. He indicated that he needed a response by Thursday noon to meet the deadline of having the road paved by Wednesday of next week. Jim March indicated that he would poll the Centerville Council to see if they would allow Mr. Rehbein to work in the road right -of -way and install a roadway at no cost to the City. I was able to reach a majority of the Council and the consensus was that Mr. Rehbein could install the street at no cost to the City of Centerville. I have sent a written invitation to the Lino Lakes City Council to meet with our Council at 5:00 prior to our meeting on July 22. We still need to have a joint powers agreement finalized and we should have an understanding on the curb /gutter and storm sewer work. If you have any questions on the above matter, please contact me. * A preferred part -time receptionist candidate has been selected. Her name is Aimee Fairbrother. She lives with her family in a new home on Revoir Street. Of the 32 applicants and 10 interview candidates, Aimee seemed to be the most experienced and qualified. I will check her references prior to the Council meeting next week. A job offer should be made contingent upon the successful completion of a pre - employment physical. * Two developers have stopped at City Hall this week to find out about land availability within the City. * A meeting was held with Willie Lessard of Lake Area Utilities on Thursday. He is continuing to pursue his plan of having his property rezoned. An offer to purchase his property has surfaced. He indicated that he would only be willing to sell his property with a non - contingent purchase agreement. * Reminders! A workshop has been scheduled for 5:00 on July 22 to discuss the joint powers agreement with Lino Lakes. If anyone did not keep their last copy of the agreement, please contact City Hall. A workshop has also been scheduled for July 29 at 5:00 at City Hall with the Planning and Zoning Commission. Items that need to be discussed with P +Z include the shoreland ordinance and housing maintenance standards. After this portion of the workshop, the Council can then discuss the future of the police contract and budget concerns. * I spoke to Rob Binder from ATS +R an architectural firm that is designing a building that the school district would lease from Gerald Rehbein. The building is proposed to consist of 7 kindergarten classrooms. The building size would be approximately 22,000 square feet. The building is being proposed to be located east of the Willow Glen townhomes. At some time in the future, the school district would not have a need for this type of facility and the building would then be converted to commercial uses. The school district is proposing to lease one building in Centerville and another building in Circle Pines. * Reminder! The engineering firm interviews are scheduled for August 5th and 6th at 6:00 both evenings. te/ V if e 1880 5 1 dain Street • Centerviffe, M- N5502 Esta6Cished 1857 (612) 429 -3232 • Fax (612) 429 -8629 CITY OF CENTERVILLE COUNTY OF ANOKA STATE OF MINNESOTA REZONE PROPERTY NOTICE IS HEREBY GIVEN that a public hearing will be held before the Planning and Zoning Commission of the City of Centerville at City Hall, 1880 Main Street. The said meeting will take place on Tuesday, June 2, 1998, at 7:00 p.m. or shortly thereafter. The purpose of the hearing will be to hear all persons present regarding the possibility of rezoning the following property: R23- 31 -22 -41 -0003 -THAT PRT OF THE E1/2 OF THE NI/2 FO THE N1 12 OF THE SE 1/4 FO SEC 23 TWP 31 RGE 22 R23- 31 -22 -41 -0004 - THE N 330 FT OF THE EI /2 OF THE N1 /2 OF THE NI /2 OF THE SE 1/4 OF SEC 23 TWP 31N. Locally known as: Lake Area Utilities Cont Inc. -6995 20th Avenue South The request is to rezone the above property from R2 Single Family Residential use to B1 Commercial use. At the said time and place, the City will give all parties present an opportunity to express their views with respect to the proposed request to rezone the stated property. Written comments will be accepted until Tuesday, June 2, 1998, 4:00 p.m. City Hall is ADA accessible. Request for hearing assistance devices or a sign language interpreter must be received before May 26, 1998. Such a request may be made by telephone (429 -3232) or by Facsimile (429 - 8629). All interested persons are invited to attend and to be heard. You may call City Hall at 429 -3232 if you have any questions. May 14, 1998 /s/ Ry -Chel Gaustad, CMC City Clerk abcdefgh ij kl,nnopgrstuvwxyz Published in the TI_ VIES -lay 20 & 27, 1998 to ryi 1880 Main Stree • C enterviCCe, MN 5503 E5tabk5fi�1857 CITY OF CENTERVILLE (612)429 -3232 • Fax(612)429 -8629 APPLICATION FOR VARIANCE OR REZONING VARIANCE / FEE • C: b REZONING V DATE PAID 1 5-t;,5 Cj'� STREET LOCATION OF'PROPERTY: " 'S — 20q - GAL DESCRIPTION OF PROPERTY: - 51 -ski - vC:)03 31 - zz -L-1-( -o0C- SIZE OF PARCEL (S) ZO 12 5 PROPERTY OWNER: PHONE # 4?) -410 FEE OWNER: i hlul LG �iQ vG( ADDRESS: APPLICANT'S INTEREST IN PROPERTY: FEE OWNER CONTRACT PURCHASER LEASE HOLDER OPTION TO PURCHASE DESCRIPTION OF REQUEST: l� +`iP2�r,c. ��ve rr��d7fit(7r, 0v_ZJT I REASON FOR REQUEST: i * Plus any additional costs Signature of applic incurred for engineering, legal fees, publication or Signature of property owner other requirements. _:!H 2. 9�a Date MEMO TO: Centerville City Council FROM: Mary Capra RE: Lifetime Achievement Expenses (Framing of large map) I would like to receive permission to spend up to but not to exceed $100.00 to have the 1914 map of Centerville Twsp framed for hanging in city hall. The map would of cost us $50.00 but Jack and Marion Burch donated the map to the city. The map was originally reproduced and colorized by the Burch's as fundraiser for St. Genevieve's Church. After pricing this at Michael's at Har Mar Mall the cost could range anywhere from $85.00 to $140.00. I feel I would be able to have it framed nicely for $100.00. The current balance left in the Historical Monies from the Lion's is a total of $867.04. We will have the expenses for the reception for the honorees that will need to be taken out of the above balance. The cake, paper products, punch and nameplate for the picture of Orville Hughes should not exceed more than $65.00. LIFETIME ACHIEVEMENT AWARDS MEMO: City Council DATE: July 17, 1998 FROM: Lifetime Achievement Award Committee — Mary Capra RE: Presentation of awards Wednesday July 22, 1998. The following people will be honored with the Lifetime Achievement Special Recognition Award: Francis X. LaVallee Charles Peltier Francis LaMo e These gentlemen are being honored for their role in originally platting Centerville Township in 1854. The following person will be receiving the Lifetime Achievement Award for their current dedication through his lifetime to the city of Centerville. Orville Hughes A reception will follow in city hall after the presentation of the awards. If you have any questions please feel free to call me at 653 -1732. MEMO DATE July 17, 1998 TO Honorable Mayor and Council FROM Jim March RE Appearance of Carolyn Drude Carolyn Drude (Ehlers and Associates) will be present to discuss the timeline for bond issuance for the local improvements for the Parkview Development. Mr. Dave Nyberg will be providing the Council with a report on the results of the bid opening. i h R CITY OF CENTERVILLE CITY COUNCIL MEETING JULY 8 1998 Pursuant to due call and notice thereof, the City Council of the City of Centerville held its regularly scheduled Council meeting on Wednesday, July 8, 1998, at City Hall, 1880 Main Street. Mayor Wilharber opened the meeting at 6:00 p.m. Mayor Wilharber performed the bid opening for a central air unit and the removal and possession of a garage. Central Air Unit Bid Amount Bidder $ 55,00 John and Laura Salin 1716 Heritage Street Removal and possession of a garage located at 7024 Centerville Road. Bid Amount Bidder $527.00 Able - Building Movers Inc. PRESENT: Mayor Tom Wilharber Council Members: Theresa Brenner Laura Powers ABSENT: Council Members'. Mary Jo Helmbrecht Sanna Buckbee STAFF /CONSULTANTS: Jim March, City Administrator Ry -Chel Gaustad, City Clerk David Nyberg, City Engineer PUBLIC HEARING (S) APPEARANCES Mr. Mike Quigley- Eagle Pass - Trail Issue Mr. Quigley addressed and requested the Council to consider omitting a section of a trail in Eagle Pass. The section of trail is located between Dupre Street and Eagle Trail. To begin with, he explained the new property owners voiced their desire to eliminate the trail that encroached on their property. Therefore, Mr. Quigley proposed to reimburse the City to remove this section of trail. Mr. Quigley mentioned that approximately $3000 has been invested for the trail site preparation and another $1000 will be needed to be spent to remove what is constructed. For this reason the Eagle Pass Developer requested to replace the trail with a cash payment of $5000. 1 Councilmember Brenner questioned Staff about the recommendation from the Park and Recreation Committee. Mr. March reported their recommendation is to omit the trail in lieu of a cash settlement. Mayor Wilharber clarified another trail will connect Brian Drive to the Eagle Pass Development. Councilmember Powers confirmed sidewalk is constructed along Dupre Road in the development. Councilmember Brenner felt comfortable with the Park and Recreation recommendation and suggested a cash payment of $7000. Mayor Wilharber believed by removing the trail the City may eliminate future problems with this section of the trail leading to the pond and attracting children. Councilmember Powers was disappointed the City spent time developing a trail vision and then now the vision is proposed to be amended. Mr. March said the Councils wishes are sound. However, he felt the watermain assessment and the trail issue should coincide with each other. Mr. Quigley stated the Eagle Pass Developers only received a pending assessment notice but no further notice nor statements were received. Mayor Wilharber confirmed the assessment cost is approximately $58,200. Councilmember Brenner noted in the legal councils opinion the developer should not be required to pay all existing interest. Mr. Quigley commented the city granted a $20,000 credit for oversizing against the assessment. Councilmember Brenner commented the legal council stated the first year of interest can be excused. Mr. March felt the developer incurred a debt and should be responsible for paying the debt and interest. Councilmember Powers suggested the developer pay the principal amount. Mr. March recommended the City request $9000 for eliminating the trail. Mr. Quigley recalled the developers committed to exceed the City expectation when preparing to develop the park. Councilmember Powers moved to accept a $7000 cash payment in lieu of the trail section. Motion seconded by Councilmember Brenner. Motion carried unanimous Councilmember Powers moved to allow the Eagle Pass Developer to pay the original assessment of $58,200 minus over sizing fees plus a $500 good faith gesture towards interest. Motion died for a lack of a second. Councilmember Brenner moved to allow the Eagle Pass Developer to pay $58,000 plus $6000 interested accrued. Motion died for a lack of a second. Mayor Wilharber moved to allow the Eagle Pass Developer to pay the assessment placed on the inactive property identification number with no interest. Motion died for a lack of a second. Councilmember Powers moved to allow the Eagle Pass Developer to pay $58,000 plus half of the interest accrued Motion seconded by Councilmember Brenner. Motion carried unanimously_ 2 Y Circle Pines Lexington Police Department (CPLPD) Update Officer Jensen gave a presentation on a new portable defibrillator. The defibrillator was acquired due to an American Legion grant for $5,500. The primary squad car will carry the defibrillator. Officer Jensen reported the police department realized yellow street paint should be reapplied to assist the "no parking" signs near the intersection of Main Street and Centerville Road. CONSIDERATION OF MINUTES June 24 1998 Council Meeting Minutes Councilmember Powers moved to approve the June 24 1998 Council meeting minutes with corrections Councilmember Brenner seconded the motion Motion carried unanimously, PAYMENT OF CLAIMS The City of Centprville June 25- 30 Councilmember Pow rs moved to approve the payment of claims for the city of Centerville. Councilmember Brenner seconded the motion Motion carried unanimously. The Citv of Centerville July - 8 Councilmember Powers moved to approve the payment of claims for the city of Centerville. CQuncilmember Brenner seconded the motion Motion carried unanimously'. Centennial Fire District Julv 3. 1998 Councilmember Powers moved to approve the July 3 1998 Centennial Fire District claims. Councilmember Brenner seconded the motion. Motion carried unanimously. SET AGENDA County Road 14 & 20th Letter to Anoka County LaMotte Park Update Monica & Dick Travis Councilmember Po wers mo ved to accept the set agenda CQuncilmember Brenner seconded the motion Motion carried unanimously PETITIONS AND COMPLAINTS Dan Saxton - Ordinance 44 Outbuildings Ms. Denise Saxton (1949 73rd Street) was present to discuss ordinance 44 Outbuildings. Ms. Saxton requested the Council consider amending or to rewrite ordinance 44 to eliminate citizens constructing 17' high structures and placing it next to a property line. Mayor Wilharber questioned Staff if a building permit was issued from the City, and if the building and set backs 3 A V are in compliance with ordinance 94. Staff confirmed the structure and placement were approved by the City and it was in compliance. Ms. Saxton noted the structure may hinder the resale of their home. On anther note, Mayor Wilharber commented the current ordinance does not allow a building permit to expire if work is progressing. Furthermore, the ordinance should be amended to eliminate the clause that allows residents not to complete projects within a time line. Mayor Wilharber moved to direct the Planning and Zoning Commission to look at the ordinance regarding the building permit time line and to establish an expiration for building permits Motion seconded by Councilmember Powers Motion carried unanimou&y, Councilmember Brenner moved to direct Staff to have this issue brought forth to the Planning and Zoning Commission Motion seconded by Councilmember Powers Motion carried unanimously. Dick & Monica Travis - The Woods of Clearwater Creek Update Mr. Nyberg gave a brief overview of the Travis' rezone request from RI rural residential to R5 executive residential for property north of Center Hills Development. Moreover, the Travis family plans to appear before the Council on July 22, for rezone approval. If the Council approves the rezone request, the Travis' will appear before the Planning Commission in August for preliminary plat approval. Following, the Travis' will present their request for preliminary plat approval before the Council. The Travis' are seeking a building permit to begin constructing their home. Councilmember Brenner questioned the engineer about the wetland issues and Rice Creek Watershed Districts (RCWD) comments. Mr, Travis stated they are scheduled to appear on RCWD agenda. However, RCWD Staff confirmed the request is reasonable and they did not foresee delays. Mr. March explained the Travis' will need to obtain an emergency vehicle access variance from the City, if they plan to begin building on the northern lot prior to the installation of roads and utilities. Councilmember Powers emphasized the desire to preserve the trees in all proposed development. Ms. Travis responded a few trees will be relocated to construct the road. The proposed building sites are absent of trees. In addition, the majority of trees will not be affected. Mayor Wilharber questioned the Travis' intentions in regards to park dedication. Mr. Travis replied they planned to provide a trail access to the park and to dedicate funds in place of park land. Mayor Wilharber addressed the need to provide an easement to the park. The Council discussed wetland restrictions and options in regards to the issuance of a building permit. UNFINISHED BUSINESS 4 S 20th and 21st Avenue Update Mr. Nyberg initiated the 20th and 21 st Avenue update conversation. Mr. Nyberg gave an overview of a proposed preliminary plat request for the Lake Area Utilities property. Also, Mr. Nyberg recalled the Council awarded the 20th Avenue project contingent upon the property owner of Lake Area Utility granting an easement for the forcemain in order to save the row of trees on the north side of the property. Mr. Willy Lessard (Lake Area Utility) noted he granted the City a ten (10) foot forcemain easement. However, after surveying the property the additional forcemain easement will not eliminate the destruction of the row of trees. Furthermore, the 20th Avenue utility construction is underway. In order to install the forcemain from 20th Avenue to Brian Drive, an additional easement will need to be obtained from Mr. Lessard. If the additional easement is not obtained, the row of trees will need to be removed. Mr. Lessard explained the proposed Center Villa (7005 20th Avenue) preliminary plat request and stated the issue is scheduled to be addressed by the Planning Commission on August 4. The proposed plat consists of a blend of residential and commercial structures. The proposed residential area includes eleven building sites with an approximate lot area of 18,000 square feet. The proposed commercial plat is divided into six (6) campus -like parcels situated on a cul -de -sac. Mr. Lessard explained during the July 7, Planning and Zoning meeting he requested a rezone on a particular section of the current parcel. The Planning Commission made recommendation to the Council for rezone approval, despite public opposition. Mr. Lessard touched upon the citizens concerns voiced at the Planning meeting and that several issues have been addressed. One concern was connecting the residential street (Br'an Drive) with a commercial street. Mr. Lessard proposed to separate the two roads so that they do not connect. Thus, eliminating potentially increased traffic. Also, the property is currently zoned R3, which could include high density, ie. town homes, apartment complexes'. The B 1 commercial zone and businesses may be more compatable with abutting properties. Councilmember Brenner stated the proposal is consistent with the comprehensive plan and favored the proposed development. Mr. Nyberg discussed the City will have two options if the rezone or preliminary plat is denied. Foremost, the city may delay the 20th Avenue project to work with the property owner in order to install the forcemain without destroying the row of trees. Another option is to remove the row trees and install the forcemain. Councilmember Brenner noted, the City has contributed funds to encourage business to come into Centerville. The City always had the concept of having businesses in the area proposed. Councilmember Brenner commented the City can work with the surrounding property owners in regards to creating a buffer in the commercial area utilizing landscaping. Mayor Wilharber confirmed the commercial lot sizes for each of the six (6) proposed lots; Outlot A 142,487 square feet (3.27 acres), Outlot B 160,344 square feet (3.68 acres), lot 3, 78,206 square feet (1.80 Acres), and lot 4, 108,943 square feet (2.50 acres). 5 , ProneM Owner Petition Mr. Nyberg reported the city received a letter from Mr. Gerald Rehbein, dated June 30, 1998 requesting the City to consider a deletion of a watermain service stub to the property along 20th Avenue in Centerville, recently owned by Mr. Herman Strehlow. Mayor Wilharber foresees the properties on the west side will be serviced by the City of Lino Lakes. However, the property on the east side which abuts 20th Avenue is low land and may be used for ponding. Mr. Relrbein confirmed the Mayor's observations and requested the service on 20th be removed from the utility plans. Mr. Nyberg commented the assessments have not been delineated and can be adjusted as per the Council's direction. Councilmember Brenner moved to delete the water stub to the Strehlow 12roperty contingent upon the attorneys approval Councilmember Powers amended the motion then seconded it to include the assessment for water and sewer remains the same Motion carried unanimously, 21st Avenue Road Construction Proposal Mr. Nyberg addressed a proposal the city received from Arnt Construction Company Inc. to construct a road on 21 st Avenue. The estimate presented included work for 400 linear feet of road 15' wide, the core excavation, two feet select granular borrow, 8" class 5 recycled base and 2" of a bituminous base course at the lump sum of $19,350. The estimate did not include any soil borings or construction staking. The curb and gutter would cost an additional $3,100. Mr. Nyberg commented the estimate was reasonable. Mr. Nyberg recommended the City consider the proposal since it is inevitable the gravel road will be paved one day. Mr. Nyberg also noted the three Centerville businesses have approached the City asking when their side of the road will be paved. Mr. Jim Kozar (Owner of ADL) stressed the desire to have a maintained road available to his clientele and questioned the city why Mr. Rehbein has the authority to do half the road and destroy the Centerville road side. The Council discussed having a workshop with the City of Lino Lakes Council to discuss the construction of 21st Avenue. The Council shared the 21st Avenue road condition concerns with the business owners. Mayor Wilharber agreed with Mr. Nyberg's comment that the City may spend sonic money now to construct a section of the road and eventually spend more money later to get the job done right. Mr. Kozar requested the City work with the city of Lino Lake's and present road construction options to the Centerville businesses. Mayor Wilharber moved to direct Staff to coordinate a meeting with the engineer and the business owners on the sides of 21 st Avenue and send a letter to Lino Lakes to set rrn a workshop to assist in the construction of 21st Avenue Councilmember Brenner seconded the motion Motion carried unanimously 6 Mayor Wilharber moved to deny the request from Arnt Construction to pave 21st Avenue Councilmember Powers seconded the motion Motion carried unanimously- County Road 14 & 20 Letter to the County Mayor Wilharber read aloud a letter executed from the city administrator to Anoka County Highway Department in regards to the safety at the intersection of 20th and County Road 14. LaMotte Park Update Mr. Nyberg updated the Council on the LaMotte Park development. Mr. Nyberg continued, the City purchased a section of LaMotte Park on a contract for deed and all parties are financially satisfied. However, the final paper work has not been filed at the County. In order to continue on the park construction, the City should ensure the necessary paper work is completed. Mayor Wilharber moved to direct City Staff to work on the LaMotte estate to clean up this situation. Councilmember Brenner seconded the motion Motion carried unanimously. NEW BUSINESS Fete des Lac - Noise Permit (Fireworks. Street Dance) Mayor Wilharber reiterated the Centerville Lion's are officially requesting a noise permit in conjunction with the City celebration on July 31, and August 1. The events to be covered will include the parade, kid's day, fireworks and street dance. Councilmember Powers moved to authorize a noise permit for the Centerville Lion's on Friday and Saturday until midnight. Councilmember Brenner seconded the motion. Motion carried unanimously. Bids for the Removal and Acceptance of the Garage and Central Air Unit at 7024 Centerville Road. Mayor Wilharber readdressed the proposed bids for the garage and central air unit. Mayor Wilharber suggested instead of accepting the garage bid, to move the garage onto the public works property and perhaps invest funds for cement foundation until the new public works/ building inspection building is constructed. Also, the garage could serve as a Centerville location for a police car stall. Councilmember Brenner moved to accept the bid for $55 for the central air unit. Mayor Wilharber seconded the motion. Motion carried unanimously- Mayor Wilharber moved to deny the bid for the garage and to look at the garage for use by the City's Public Work's department. Councilmember Brenner seconded the motion Motion carried unanimously. COMMITTEE REPORTS 7 Police Commission Mayor Wilharber reported the Circle -Pines Lexington Police Commission has a meeting on Thursday, July 9, 1998 and he thanked Councilmember Powers for providing cookies at the last Commission meeting. ADMINISTRATORS REPORT Mr. March reported the City received a letter from Acting Police Chief Heckman inviting the Council to an Emergency Response/Tri -City Disaster Training. Also, the Council was invited to attend the Housing Needs & Priorities Forum sponsored by the Anoka County H.R.A. on Wednesday, July 29, 1998 at Bunker Hills Activity Center from 6 -9:00 p.m.. Mr. March noted the Planning Commission requested a joint meeting with the Council to discuss the shoreland ordinance and other issues. Mr. March added the city should discuss the 1999 budget and the Police Department merge. The Council selected Wednesday, July 29, at 5:00 p.m. for the joint meeting between the Council and the Planning Commission. CONSENT AGENDA 1. Annual Step Increase - Grade 5, Step 3 - Building Inspector Effective July 8, 1998 - Ken Cook. 2. Satisfactory Completion of Probationary Period for Public Works Maintenance Worker - Robert Westerlund. 3. The Newsletter Councilmember Powers moved to approve the consent agenda Councilmember Brenner seconded the motion. Motion carried unanimously_ ADJOURNMENT Councilmember Powers moved to adjourn the Council meeting. Councilmember Brenner seconded the motion. Motion carried unanimously. The July 8, 1998 Council meeting adjourned at 8:55 p.m. Respectfully Submitted, Ry -Chel Gaustad, CMC City Clerk 8 Howard R. Green Company 111ML71H,D W CONSULTING ENGINEERS Formerly MSA Consulting Engineers July 17, 1998 File: 260085m -0071 Mr. Jim March Administrator City of Centerville 1880 Main Street Centerville, MN 55038 RE: PARTIAL PAYMENT ESTIMATE NO. 2 20th AVENUE SEWER AND WATERMAIN PROJECT Dear Mr. March: Enclosed please find Partial Payment Estimate No. 2 for the above - referenced project. This pay estimate is for work completed up to Friday, July 14, 1998. The work included in this payment is substantially for watermain installation. The total amount earned this period is $91,939.00 and 5% has been retained. We recommend that the City of Centerville approve this payment. If you have any questions, please do not hesitate to call. Sincerely, H oward R. Green Company J Phillip G. Bergem, P. . cc: Dave Nyberg, Howard R. Green Company Nancy Bonine, Bonine Excavating PGB /st Enclosure O: \PROJ�260085m \085- 1602.j u ly. doc 1326 Energy Park Drive • St. Paul, MN 55108 • 612/644 -4389 fax 612/644 -9446 toll free 888/368 -4389 PARTIAL PAYMENT E.STINIATE NO. 2 FRO %: It NE 13, IM TO: ILLY 14, I'V)N CONTRACTOR: aONINF. EXCAVATING. INC ADDRESS: 1'NO MEADOW VALE ROAD, ELK RIVER, MN 59330 OWNER CITY OF CENTF.RVILIC, MINNF50TA PROJECT: 2(MRIM COMPLETION DATE AMOUNT OF CONTRACT: $508,790.65 ORIGINAL: ORIGINAL: REVISED: REVISED: EONTRACP ITEit5 ;i 'f TIRES FEN!lb .1 AL 1'0 DATE £ [TEVE NU. V6 lTiON - EN IT Q'FY. UNIT QTY. AMOt; QTY: AIx1f DN PRICE SCHEDULE I 0 SEERWORK I CLEARING AND GRABBING TREE 20 $50.00 so w 95 sl,rom CLCARLYG AND GRUBBING ACRE 1 $400.00 sow wm 3 REMOVE WOVEN WIRE FENCE LF 4200 $0.40 sow saw 4 SALVAGE AND INSTALL SIGN EA 6 $60.00 sum so,w 5 SALVAGE GA "I'E EA I 575.00 sow sow 6 TOPSOIL BORROW CY 2500 $1.00 so W S0 _w SEEDING AC 4 5450.00 sow sow 8 MULCHING AC 4 5105.00 so .w sow 9 SODDING SY 1500 $1.50 Sow so IS) 10 SILT FENCE LF 500 $1,25 3w $375 ED 4W S5wL0 T SCHEDULE 1.0 SITEVVORK- TOTAL $175 DO zs,zsnw $SHEDL F 2 0 STREET CD-NSTRLiJI0,V I REMOVE CONCRETE CURB AND GUTTER LF 50 52.00 so .w saw 2 SALVAGE AGGREGATE(CV'I CY 65 53.00 50w s0 .w 3 MILL EXISTING BI7UMINOUS PAVEMENT SY 35 Sim $0.w sow 4 SUBGRADE PREPARATION SY 300 50.50 50.w sow 5 GEOTEXTILE FABRIC SY 300 SI.00 5o.w So 6 4' PERFORATED THERMOPLASTIC DRAIN PIPE LP 200 55.00 5000 wal 7 SELECT GRANULAR BORROW ,CV) CY 350 $7.50 So w so w N .AGGREGATE SHOULDERING, CLASS 2 TON 310 515.75 sow So w 9 AGGREGATE BASE, CLASS 5 TON 135 $11 25 so .w sow 10 BITUMINOUS WEAR COURSE, TYPE 41 A TON 40 570.00 som SD .w 11 SUPMOUNTABLE CONCRETE CURB -AND GUTTE I. 50 515.00 sow _.._. 12 STANDARD PROCTOR EA 1 $100.00 sow sow ❑ IN -PLACE DENSITY EA 10 S50.00 50.W Sow T SCHEDULE 2.0 STREET CONSTRUCTION -TOTAL Sow so .W vr.PngA2W 95Y2 PAGE 1 ::'.LONDLACI'IrF.Slbv; ITlIIS Y19t5U11 DYI'A1. TO MTR:;i rlYu \O fNSCHIITIItl IAIT or1'. EMIT DIY, AMOUNT Y W. AAWSI.NT rNl(8 SCIIgUULE; .U_SIOWNI DRAI I REMOVE 15" C.MP C111.V I SRT LF 100 S5.(%) 5o.ru w4) _ SALVAGE' AND INSI'AL1. 15' RCP 1.1 50 SO,") 50 57511 111 50 57YI. ) 3 SAI,VAC;F AND INSTALL 24' RCP 1.1' 1 10 SISA So.W 3011) 1 :5'CMP APRON EA 4 $IN)W So.m 6o.m 4 15'CbI1 "T LF I) $16W so SWJ 4 IS" CMP APRON EA 2 S125.(X) sc "I So.m I B"CMP CULVFRT LP 50 517.10 4aJx) Sam 6 15" RCI' 5.,l' 20 SIR W Saw) so X, 9' SCIIEDULP; 3.0 STORM DRAIAGE-1'Ol1V. 575f) S750.W S C I I F, D U L E-4.0_Nh\ T E P-%IA I.N I CONNECTTO EXISTING WA ERMAIN LA 1 $320.) 552D.1n 3920.m 2 6' PVC WATERMAW 1,1 In0 S16 -W W s2.240.W 140 S2.20.W 3 S' PVC WATERMAIN IT 920 516.50 420 1G93JW 420 $6.93n.W 4 12' PVC WATERMAIN IT 3320 S16.90 750 SC.O5'. 750 112,575.m 5 JACK HORS' 8" 1'VC WATERMAIS IJ 320 596-00 50 $4,AW W 50 S4.6W.1k 6 JACK BORE 12' PVC WA'I'ERMAIA 1.1 IN) SlOS M 511 s5,20W so S5.250.W INS'[AIT, 12' WMl THROUGH EXIS'['ING, CASTyG HA _ $1.550JNI SaW 10.1A S HYDRAN I - Wl VALVE 1:1\ 7 S1,881L(N) 1 3I.990M 1 SIM"m 9 8' VALVE C\ 20 $515JM SO.m 50m :0 12' VALVE EA 8 5885.(X) _ 11.770.) - 11.70.m Ii III 1'LNGS LIrS 125) 511.85 2WO s17M.0 200O S1.7M.W 12 2' INSULATION SP 54 $1.30 So _m Sam 13 GRANULAR FOUNDATION CY 2(X)0 $17JM So W so.m 14 GRANULAR BEDDING CY 2(KN) SB.W so.W SO.W 15 LOCATE GAS AMAIN !3A 5 5160.0[1 3 S.O.W 3 $Uo.W 16 STANDARD PROCTOR EA 1 S1(N).fNI so.m so.W 17 IN - PLACE DENSITY EA 40 5501(X) SON SOW T SCITMULF, 4.0 WATERMAIN- TOT.M. 538.wsm SM.N5_W SCHEDULE SRSANI'rAlt Y_SF.N:F.R I CO RE CONN E( "TOEXIMINGAfH EA 1 S320N) Sam 50m X' PVC SANITARY SIiWER(10'- 12'DI:I') 1.2 ' 300 $14_(X) 3W sy2W.m 3W 14,2W.W 3 8' PVC SANITARY SEWER (12' -14 DEEP) 1.1 NX) 515.511 600 SUM 500 19.3W.. 4 8' PVC SA.N rI'ARY SIRVER(I X I6' DEEP) LF 12110 SI850 28 $4,551.W 1000 SI8. 5 8" PVC SANITARY SENV13R (16' -IS' DEEP) 1.1 IOW $23.) Sam 39 58v;m 6 SANITARYMANHGIJi O- 8'DIIF.P) I-A 0 $1,130.) 5 15.650.m 8 59,6X1) 7 &CrCRN AI.MANHO LE 81 EA I 5200.) SO .W SO.W 8 MANHOLE EXTRA DEM IT (> S' DI',EP) 1.1' IN) 576.) 15 31.14n.m 35 S269).W 9 8' PVC I'ORCGMAIN IJ 1 4410 56.40 1o.W SOM 10 I.IF'r STATION IS 1 S52,800.W SD.m 0.2 11o.5(A.W 11 8" X 6" WYI' EA IB WAX) 9 S458.W 12 6" SANITARY SI \Il ;R SERVICE LF 620 510.20 3W S3.w,%. 300 S3.OS0m 13 SANITARY SFRVICI :CLI-ANOI "I' I 10 S1411W s0.m sore 14 JACK BORE 6' PVC SANITARY 5) `,Vf X SI'RA'ICI'. IT 4W 5 (XLW So .W so.m 15 JACK OOR Ii B' PVC SANI "1'.ARY SE547iK IJ I) S91)W 1W 11411p_W 210 s18.AY3W 16 JACK BORE 8" PVC FORCI:I1AI' I.F IW SW),IXI Sara SDm 17 Fr1'1'INGS LHS 11)(8) SI.(M %DM 50.W IX 2" INSIII.A'MON SP F4 SI.30 SO.m sn.W 19 GR.VNUI.AR I'OUNDATION CY 21X10 $I 7.w 4m S6,eW.W 400 $6.8W.W 20 GRANULAR BEDDING CY 21M $8.(x) 4011 S3.2M.m sW i4.DUD.W 21 LOCATE I ORCI MAfN I.A S 1215.(X1 16IR RIM '2 STANDARD PROCTOR EA I SMA) So.W Sam 23 IN -PLACE DENSITY I.A 50 SSOJM Sn.m $0, 111) T SC 1t;DU.B 5.0 SAN 1' I'ARY SEI %I.R -'I oJr AL 1$17,19.w SMM.385.m ALTERNATE- I;= SCAUA/l'EI,S;\ I E7RY_ IJIPR(J�'E,%IE,5T5 I SCAIJA(I'EI.L'MCrRY LMPROV"IM IEVI 5 IS 1 S8C456JN) SO,W SOW "1' ALTF.RNA TE IS - SCADArl ELEMETRY' IMPROVEMENTS- TO 'I'Al, 5114) So.tn tFiNTR,ur IT &NS >. T)1153'F,RIOD !. tT01 AL TO DATE,i rMM NO. DETf #IVTIUY L ?Tf Q'[Y UN1T QTY. AYtOG \T Y. AFgV1T' PRIG DESCRIPTION THIS PERIOD TO DATE SCHEDULE 1.0 SITFWORK —TOTAL SllS.W 55,]SO.W SCIIFDLII.F 10 S "FREET CONSTRUCTION —TOTAL 50 W So.W SCHEDULE IOSTORM DRAINAGE— TOTAL SAO.W S750 .W SCI ILDOLES.O WA 'I IiRMAIN— 'I'OTAI. S- +a0i5.W 53806SW SCI IEDULF5,0SAKI "1'ARY SEWER - FOTAL S52,%9.W SN8A5.W ALTFRNA' rF. B- SCADAiTELf'S1ETRYIMPROVE.IENTS TOTAL 50.W SO.W TOTAL $91.939.W nll,aIuW TOTAL TH35 PER. jF TOTAL To b.TE AMOUNT EARNED 59193909 SU+830.W AMOUNT RETAINED 51596.95 56.621 50 NATERIALONSITE 5000 SOW MATERIAL DEDUCT. _ so Jw W PREVIOUS PAYMENTS ••••'••• •••- .- ^ ........ P8 }66 a5 AFIOL:9T DUE S87 1 42M S87.34: 05 PAGE 1 JUL -1 7-1998 12:06 P.�n %76 1 hereby certify that all items and amoums Shown by this pay estimate are correct for the work completed to date. CONTRACTOR: BONINE E CAVATI``G, INC. BY: TITLE: DATE: tr Based on tha ENGINEER'S on -sita inspections as an experienced and qualified design professional and on review of application for payment and the accompanying data and A.bedules, the ENGINEER has dotennined, to the hest of hi6 knowledge and hefief, tl•!at the quantities shown by this estimate are correct and that, based on such inspections and review, that the work has progressed to the point indicated (subject to an evaluation o.- ouch work as a fttnctiornng ProjecE upon Substantial Completion, to tht insults of any s: osequent tests required by the Contract Documents, and to any qualifications stated in lt:s recommendation), and that payment of the amount recommended is due Cantractor(s); h.Et by recomm =nding any paymcat, the ENGINEER will not thereby be deemed to have i- viewed the means, methods, scquonces, tachniques, Or PrOreeduras of construction or safety precautions or progn nos incident thereto or that the ENGINEER has made any e %amination to ascertain how or for what purpose any Contractor has used the monies paid on account of the Cnntragt Print, Or that title to any of the work, materials, or equipment has passed to the Owner free and clear of any lain, claims, security inwrests or encumbrances, o: that the Contractor(s) have completed their work exactly in aceordaneo with the ContraoE Documents. ENGINEER: hIOWAR' GREEN CO ANY BY: h TITLE: h p / . DATE. A; proved by Owner /Commission C. t7T OF CEATERVILLE, MINNESOTA BY: nTLE: DATE: End TGTAL P.9c Z9d KE S5:0T 86. LT 7nr SUL -17 -1999 15 :22 P.61102 MS1 Howard R, Greer Company ) . --� CONSULTING ENGINEERS ru�1�,'n'saMSA FOfmCRy MSA G'd]SUkdKj' �H�A �CB/i July 17, 1998 File: 260089m -0060 Mr, Jim March City Administrator City of Centerville 1880 Main Street Centerville, MN 55038 RE: PARKVIEW ADDITION REVIEW OF BIDS RECOMMENDATION FOR AWARD OF CONTRACT Dear Mr. March: Or. July 14, 1998, bids were opened for the Parkview Addition project. Several alternates were bid for the project. Below are the results of the bid opening, including the alternate bid costs for the road connection to Dupre Read and also the watermain extension to Center Street: Bonine Excavating, Inc. $513,018.45 Inland Utility Construction $517,797.62 Berbarosse & Sons, Inc. $525,137.00 S.R, Weidema, Inc. $556,450.10 Brown & Cris $566,379.55 Northdale Construction $575.282.95 Bcnine Excavating is the low bidder on the project. Bonine Excavating is the contractor also working on the 20'' Avenue project in Centerville. The bid from Bonine Excavating can be divided as follows: Dupre Road Connection $27,89250 Center Street Watermain Extension $17,817.95 Watermain Extension to Senior Housing $55,509.60 Parkview Development Project $411.998.40 Total $513,018.45 The above costs compare with the costs below from the feasibility study completed earlier this year. O:PRW260089rr=8 - 1705.)uly.dne 1::26 Energy Park Drive • SL Faui, MPl 55108 - 8121644 -0389 fox 61Z'644 -944fi toil lrap 688/368.4389 SILL -17 -1998 15:23 P. ©2/92 Mr. Jim March July 17, 1998 Page 2 Dupre Road Connection $14,052.50 Center Street Watermain Extension $11.187.50 Watermain Extension to Senior Housing $28,146.25 Parkview Development Project $360.775.00 Total $414,162.25 As the comparison 'indicates, the bids received are higher than the estimates from the feasibility study. Below Is a table comparing the costs for the Development project only. stem Feasibility Study Bid Street and SidewalkrTrab $174,887.50 $214,008.50 Sanitary Sewer $69,335.00 $61,398.00 Storm Sewer $40,220.00 $54,535,00 Watermain $76.332.50 $82.058,90 Total $360,775,00 $411,998,40 As shown above, street Costs were significantly higher than originally estimated. accounting for the higher bid prices. We will discuss this with the Contractor and provide Infiurmation to the Council at the July 22 City Council meeting, Vie. will be in contact wth Mr. Rick Carlson to discuss the bids and proposed assessments, Assuming an assessment amount can be agreed to with Mr. Carlson, we will recommend award of the contract to Bonine Excavating at your July 22" City Council meeting. We further recommend the award be made contingent upon co of grading operations on the site. This would aliow us to verify that the grading is complete and give notice to proceed to the contractor prior to the August 12 Ci!y Council meeting, We will be In attendance at the July 2V City Council meeting to answer any questions yo:i have about the above information and the award of the contract. Sincerely, Howard R. Green Company David E. Nyberg, F.E. Pmjeot Manager DEN/st Howard R, Green Company O:URDJ\28008Sm1089.1705 dy.66C CONSULTING ENGINEERS TCTRL P.02 Howard R. Green Company of CONSULTING ENGINEERS Formerly MSA Consulting Engineers July 17, 1998 File: 260094m -0060 Mr. Jim March, Administrator City of Centerville 1880 Main Street Centerville, MN 55038 RE: LAMOTTE PARK PLAN APPROVAL Dear Mr. March: Enclosed with this correspondence please find a copy of the Lamotte Park final plan for the proposed park improvements. The required permits have been obtained. The plans are ready to bid. A proposed schedule for the project is as follows: Council approval and authorization for bidding July 22, 1998 First Advertisement — Forest Lake Times July 30, 1998 First Advertisement — Construction Bulletin July 31, 1998 Bid Opening August 25, 1998 Council award of contract August 26, 1998 An alternative to the above schedule would be to receive quotes from contractors independently for different phases of the work. The first phase would include mass grading of the site and turf establishment. If price quotes were over $25,000, the project would then need to be publicly bid. We will be in attendance at the July 22 "d City Council meeting to answer any questions you have about the project, and to discuss the above bidding options in more detail. Sincerely, oward R. Green Company I I David E. Nyberg, O.E. Project Manager DEN /st Enclosures 0: 1PROJ 1260094m100601094- 1703.july. doc 1326 Energy Park Drive • St. Paul, MN 55108 612/644 -4389 fax 612/644 -9446 toll free 888/368 -4389 9S Cu6ROR PgX¢iPl LAURIE LAMOTTE n µ MEMORIAL PARK ee GRADING, PARKING AND s -- G94ML - ` RECREATIONAL FACILITY w.,.d Prs IMPROVEMENTS e e9 PROJECT LOCATION e OSRd x.x�. rsv ,p .xWVx u, L.u[ 9) fryp51 lM2 4 IM JJ „Mx( .nd St. ¢Px ,R O CO.I, xN,Pi et LT r„v ^xxtx ,1f0 ¢x x.55." an b x,w nx r x 9VrcKx wR caerowv nwrtm xup �� R ( p —( S w der u U m r "OXLUE FI REBY CER TIFY THAT THIS PLAN, SPECIFICATION, EPORT WAS PREPARED BY ME CR UNDER MY DIRECT RVISION AND THAT AM A DULY REGISTERED ESSIONA EN N R UND R THE LAWS OF THE F MI ESO Lwf vuq / ir. vru N xM(lPrtx t DATE REG.NO. m.• x� a •ma im s %u a 1326 ENERGY PARK DRIVE ST. PAUL, MINNESOTA 55108 (612) 644 -4389 4 1 Rl MFid xtEn moLc � u a xLwrs r ' R, Green Company a n et. CONSULTING ENGINEERS S.vML .VRE VMl RML"PXIt Md LuQ LuhM1[ �fM 5 n 3 PREPARED FOR: .w,xptd °O ` x PPURSSUMT TO THE REQUIREMENTS OF M.S.21813.04, THE GOPHER STATE _ 10 ONE -CALL NOTIFICATION CENTER WAS CONTACTED ON JUNE 4TH, 1998 { ] w AND THESE PLANS INCLUDE THE TYPE, SIZE AND GENERAL LOCATION OF e t27'712L1e THE UNDERGROUND FACILITIES AS REPORTED BY THE AFFECTED OPERATORS OF THOSE FACILITIES AS OF JULY 17TH, 1998, THE DATE OF THE 891AEkNH f857 COMPLETION OF THIS FINAL DRAWING. THIS INFORMATION MAY NOT BE RELIED ON AS WARRANTING THE ACTUAL PRESENCE, CHARACTERISTICS, OR LOCATION OF THE UNDERGROUND FACILITIES AND DOES NOT RELIEVE ANY PERSON FROM COMPLYING WITH STATE NOTIFICATION AND LOCATION REOUIREMENTS PRIOR LOCATION MAP TO EXCAVATION. ® 0 1 } J 6 JULY 1998 SHEET 1 OF 3 ut(5 26 1 -T 8 .4 LAMO TTE PARK 903.0 x X 911.8 X ...... ...... . ........ 'ROAST ': CLE OUT x 911.0 90 911.5 q 89 .7 1 YIJ I YOUTH X 910.9 90 9 SOCCER 9 .......... 09.8 909. 09 4 x 4CY GROUT RIP RAP gd 9j()._,` 91; 0 op x 912.5 LEGIDID REMOVE EXISTING m X 909 15' PVC CULVERT F FUTURE INSTALL GRAVEL 0 1 SPOR7COURV 9 .8 F9 MATERIAL) 9'7 DENOTES EXISTING POWER POLE (SALVAGE EXISTIN ., %, A DENOTES EXISTING TREE ) -, x DENOTES EXISTING CULVERT x- 3 �_ x lo— �AY r TWO FOOT CONTOUR INTERVAL p T. : GRADE TO PROVIDE FOR I INDUS ! 980 DENOTES EXISTING CONTOUR 0 FUTURE PEDESTRIAN WA[ * INV. 895, (APPROX, i FU LJ THIS AREA. (5X MAX) X SK G 9 1 -900— - DENOTES PROPOSED CONTOUR RESTROOMS 910. CI 1111111111 - DENOTES PROPOSED SILT FENCE < x FUTURE CONCESSH) 91L-Jr x 91 DENOTES PROPOSED HAYBALE CHECK • 9016 150 DENOTES PROPOSED SURFACE DRAINAGE T TIMBER CH W/O - DENOTES JURISDICTIONAL WETLAND IMPACT DAM (TYR I' II x 911.5 r I : RT DENOTES PROPOSED BITUMINOUS qd* 0 906.9 x Z Ln DENOTES ROCK ENTRANCE ROAD x .. ........ NOTE TOPOGRAPHIC AND CONTOUR INFORMATION 15' PVC CULVERT 9to. REMOVE EXISTING P ;U SUPPLIED BY MARKHURO. REMOVE EX�STING 0 ..... 7'.7• BUILDING 1 x 909.0 • > .... ...... x - ------ ------ 0 . 9 1 1;09 Q : f x 1 , . 9Q4.5 ,p . i T. 150 111 T1 w . ............ .... ------ - u ........ - -- - - - --- ----- --- _.._J -- -- ------- -------- - --- 3:1 SLOP ........ 3.5 o V., 016 x 60 — MARCH 1995 "n 1 By RE.. X�n� 1338 ENERGY PARK MVE GRAPHIC SCALE DRAM BY —JOB DATF ST. PAM. MINNESOTA 55108 , �� J A A BY R '�� � 'P` � "V` [ crry OF cENmRviLLE PARK IMPROVEMENTS I TRAI A A El K- -Jl-�HEV KVE. -4 "t ,A APPROVED A (612) 644 389 JOB NUMBER 260094M lr, 0 60 /96 EY ��S EARRR�, EIC LAM07M MEMO S CAD DATT: 1 998 N MEMO RIAL PARK GRADING AND EROSION CONTROL CAD�I-_E __260094R R. Grew c4rnpany 0 VPRT 5 CONS ENGINEERS %RE MESH REINFORCEMENT CEOTEKTILE FABRIC E ROAD 3" RADIUS 1/2" RADIUS POST SPACING -SEE NOTE FABRIC ANCHORAGE TRENCH. EDGE BITUMINOUS I�-� I� BA TAMPED PAVEMENT IL 2 NATURAL SCOL L J' RADIUS ;o EDGE GRAVEL I /Z' RADIUS 6" MIN. SHOULDER ' DIRECTION OF SLOPE 3/� PER FT J Fy RUNOFF FLOW 20' RADIUS PAVEMENT 20 i 1 20 15' RADIUS GRAVEL BASE -6" MM. I6' t 20-0' a TAPER i0 MATCH , 1 n EXISTING AT R/W T NOTE: T F NC D TAI PAVED DRIVEWAY ENTRANCE I. SILT FENCES CONSTRUCTED WITH SUPPORT FENCES POSTS SMALL BE AND SPACED AT 10' OR LESS, DRIVEN AT LEAST 2' INTO THE GROUND. _ l 2. SILT FENCES CONSTRUCTED SHOUT SAPPERS FENCES, POST SHALL DE n ROAD 12 6 SPACED AT 1' OR LESS. AND DRIVEN AT LEAST 3' INTO THE GROUND. 25' 25' EDGE BITUMINOUS 2 TM1NE OR "RE BALES PLACED ON PAVEMENT STANDARD CURB DETAIL B EDGE. BUTTED TIGHT 1 EDGE GRAVEL i_U Y A - A SHOULDER PgNi A MUST BE ,I ,I HIGHER THAN POINT B TWO 2' X 2' WOOD STAKES CR REINF, 15' RADIUS - :III = I— III III - 111 = III = =I = III = = III = 1— 1 5 /P' 0.0. RAILS BARS IN EACH BALE ANO EMBEDDED GRAVEL BASE J' 0A. GIN[ PDST IN GROUND 10" MINIMUM, )___ 1E$ TAPER N MATCH 4' 00. CORNER AND ENO POS S 3" EARTH PILL STD. 1.33 LBS. PER FE E" NO AT R/W Rri.e pasts to a nmmun oV 5 Feet METAL FENCE POST - 6' LONG GRAVEL DRIVEWAY ENTRANCE I -V ro 9 Z 2111. TE nA HAAACAs w:N1 Ca1AHE SNOW SNOW ROAD enrvnws +AeX CO A+ FENCE FENCE SPACING FOR CUT SECTION o.5' + -1 /T vn, RM 1Ie tioAmeaas 0.. c.A. ALE DITCH CHECK VA R. SE 6:1 SIDE SLOPES xr�iweoa0 slearl •svtce¢ ■ GRADE SPACING xxrmArto aAUxnu: FLEW zz 11X1' Row TYPICAL PAYEI�'NT SECTION a.% l5 J . Rfr a TO u1EPCAx ENOxlERHo RS"K ¢ lXaiWAL STAKE 63 _ 50' STAKE ROAD APPROACH - 50(25' MIN.) EVNUAnd oo Laxe LAA077 NEU RA. PART BS 40 FARM ENTRANCE - 25'(15' MIN.) rt JROAD OPTION 1 10% 2 5 OPTION 2 FIELD ENTRANCE - 15' MIN. PAVEMENT DESIGN SECTIONS ... Vm- BALE HAY OR STRAW DITCH CHECK ea.. TO BF. USED WITH SNOW FENCE AT LOCADONS AS SHOWN ON PLAN SHEETS. CULVERT IF NECESSARY ALSO TO BE USED WITH OR W1TNOUT SNOW FENCE AT OTHER LOCATIONS AS FILL SECTION DIRECTED BY THE ENGINEER. CROSS SECTION BACKSTOP FRAME DETAIL EROSION CONTROL RURAL DRIVEWAY ENTRANCE A WIO1H O F WA ce MC. naintenan edger I�1 -OMIN. to be installed at backstop 6 iFrieLd fence - continu ous m.ee1 Provide control _joint R P every post. 4000 psi concrete. Edge or i PROPOSED Toot exposed edges. Skinned Are. 211 / STREET HAYBALE PLACEMENT AROUND CATCHBA$INS Install edger after po oco bans e sts ar I driven. Reeve post l i and grout Pull as neressar Sad - I' below top or lConc. paint. edger. / I� a Skinne Are. \ 5 0 4 . 0 S -0 01 12' so.y b`/ v A, c I- . -- - - -- R4 rebar - continuous. FACE OF CURB II Maintain pin. 2" Ewer. - M 6- i en i I o V — Class 5 base. 7' Fce V ROUND ALL SLOPED INTERSECTIONS /� MRl a' "OF H 8L - " I <35 L P.1 APPROX. 10:1 5LOPE tl � I - Conpacted or undisturbetl subgr. de. 5' - 0 ' A0' S - 0" TO 3 - 113' S, An L5' Player's Bench 14. m WASHED RrxK �1 Concrete Maintenance Edg 2 ROCK ENTRANCE ROAD Backstop 5' -4' PAVE WEAR COURSE E0fA1. (FOR 8616 CURB W GUTTER) vD! amES_ Note+ Concrete nointen.n[e edger MIN, 4'W1pE I da Ro to be under backstop and EXPOSED AGGREGATE MILL I'OEEP infield Pence. CURB AND SUTTER FLALTER Infield Fence SD have top. button and aid rails. Mid roil CO be IB' up. FP o< Aw SoFtbalL Infield Detail CONCRETE WALK SECTION A -A EX. STREET SECTION s �veh 11f1EL0 UVG STRAIGHT LINE SAW'EUT 0 SURFACE TREATMENT - AFTER NORMAL CONCRETE FINISHING, EWOEO EX. DII. FOR REMOVAL AGGREGATE, MEETING THE REOIIREMENTS OF SPEC. 3137 CA 70 PROPOSED WEAR COURSE.— MODIFIED TO 100% OF THE MATERIAL 112' TO 3/8" IN 512E. M THE BASE COURSE AND AGGREGATE BASE GREEN CONCRETE. THE EMBEDDED AGGREGATE SHALL PROTRUDE AT LEAST 3/16' ABOVE THE CONCRETE SURFACE. THE EXPOSED \ f AGGREGATE MAY BE LIGHTLY RINSED TO WASH MORTAR OFF OF R. CONCRETE MAINTENANCE EDGER SOFTBALL INFIELD DETAIL PEDESTRIAN CURB RAMPS MATCH EXISTING BITUMINUOUS SURFACING TIMBER CHECK DAM JULY 1 998 ItICe Qe f n' Tn5 R Se Do CATo':. nfl OA1E BY FCN9CN DESC4:P1Id 1326 ENERGY PA IE MW SNEEi xp DF$IGV D BY _JOB DA E'. W Rwxe s r+¢ +wn er [ w Nr gran - - -- $t, PAUL, MINNESOTA 15106 DRAWN DY — EY. _JOB NUMBER 260 _ %M W [ a F TMlrl xfOr 512 844 - 4369 D By 109 Oa E JU 19 98 SR, sou CITY OF CENTERVILLE .� CAD FILE 260E94 -D _ -- -- -- k�va�d R. Green Company LAURIE LAMOTTE PARK CON3TAUC110N DETAILS a rE _.��. 3 CONSULTING ENGINEERS MEMO DATE : July 17, 1998 TO Honorable Mayor and Council FROM : Jim March RE Lessard Rezone Proposal The public hearing for the Lessard rezone was officially continued to the Council meeting on July 22. This was due to the fact that notices were not received by a couple of adjacent property owners. Instead of allowing this to become an issue, I recommended that the Planning Commission pass a motion to continue the public hearing to the City Council meeting. Official notices were sent to the affected property owners. The Planning and zoning Commission passed a motion to recommend approving the rezone request as presented by Mr. Lessard. i MEMO DATE : July 17, 1998 TO Honorable Mayor and Council FROM : Jim March RE Travis property rezone request The Planning and Zoning Commission recommended that the rezone request be approved for the Travis property. The request is to rezone the property to R -5 residential. This zoning classification has the largest minimum lot sizes of any of our residential districts (minimum 17,500 square feet). I would recommend that this rezone be approved. It is my understanding that the Travis would like to demolish the existing house on the south ten acre parcel and then apply for a building permit for the lot on the farthest southwest corner of the south ten acre parcel. If the existing house is demolished, then the building permit request would be in accord with our city ordinances. l 4� W o�1s (,7 LUcc-,Urvvw ` teryiCCe 1880 Main Street Centervitte, MN 55038 EstabhsFtecf1857 CITY OF CENTERVILLE (612) 429 -3232 • Fax(612)429 -8629 APPLICATION FOR VARIANCE OR REZONING VARIANCE FEE 'Z-bb CX I) REZONING V DATE PAID STREET LOCATION OF `PROPERTY: `] ,�3y6 •t r4 mi LEGAL DESCRIPTION OF PROPERTY: I —7, Q i -- 0004 jbL] 3i SIZE OF PARCEL (S) z O-C )<�s n PROPERTY OWNER: N) 0 Wn PHONE 97 & - '0 65 7 FEE OWNE ADDRESS: XK 533 I APPLICANT'S INTEREST IN PROPERTY: FEE OWNER CONTRACT PURCHASER LEASE HOLDER OPTION TO PURCHASE DESCRIPTION OF REQUEST: REASON FOR REQUEST: YJIJ0 A_k- � �VaY L, * Plus any additional costs ignature of applies incurred for engineering, V�U OAM')' ) vc Ji c legal fees, publication or _Signature of propert owner other requirements. Jug fit, � Date flit Beach Club aN� Gr%LL `►stir+► July 15, 1998 From: Scott R Peterson General Manager, Waterworks Beach Club. 7281 Main St. Centerville, Mn. 55038. To: City of Centerville Attention: Rychel Gaustad, City Clerk. 1880 Main St. Centerville, Mn. 55038. Re: Request for a noise permit as part of the "Centerville Days" celebration. Dear Rychel, this letter is in response to our phone conversation last week.l would like to request a noise permit to cover the "jet-ski" races that we would like to hold on Centerville Lake on August 1, 1998. The warm -up for the drivers would begin around 11 am on Saturday, with the actual races beginning at 12 noon and lasting to 4 -5pm. I have been in contact with the Anoka County Sheriff's office regarding the permit to hold the event on the lake, and I understand and will be in compliance with their requirements and would like to do whatever necessary tc satisfv the Citv of Centerville so this will be an entertaining and beneficial part Beach Club PNi* G rall Of "Centerville Days ". I have spoken with Dean Norrell of Motorsprts Racing Plus(MRP) who will be running the event, and Dean has told me that in years past when they have held the event at Waterworks, they have not exceeded excessive noise levels and does not anticipate this year to be any different. In closing, Waterworks would like to do whatever it takes to make this another enjoyable part of "Centerville Days ". I am planning on attending the City Council meeting )n Wednesday July 22, 1998 to answer any questions that may arise, and Mr.Norrell of the MRP would be more than happy to accompany me to the council meeting to further answer any questions. If I can be of further assistance, please do not hesitate to call. Sin Orely, S of Peterson General Manager Waterworks Beach Club MEMORANDUM DATE: July 15, 1998 TO: Honorable Mayor and Council FROM: Ry -Chel Gaustad RE: 1998 Election Judges The City of Centerville will be working with the Anoka County Elections Department to conduct the 1998 Primary and General Elections on September 15, and November 3, respectively. The Election Judges are scheduled for training on August 20, at the Lino Lakes City Hall. During the January `98 Special Election, Laverne Peterson was appointed as the Head Election Judge and it is hoped that she will accept this responsibility again for this election season_ Ms. Joyce Gruber of Peltier Lake Drive will fill the Election Judges' vacancy created by Mrs. Joan LaMotte's resignation. Besides Mrs. LaMotte, all the other Election Judges will return from previous election years. The complete line up of Election Judges is as follows: LaVerne Peterson Marilyn Erkenbrack Rosemary Barett Mary Jane Lang Mary Ann Thill Judy Almendinger Joyce Gruber Joyce Dupre Shirley Drewlo Please note, Mrs. Joan LaMotte resides in the City of Lindstrom, outside of Anoka County and therefore, will not be an Election Judge this year. Joan served nearly 20 years as both a School District and Municipal Election Judge. The Special Election held in January 1998, was Joan's last election for the City. In retrospect, the City may want to consider recognizing Joan for her years of service. s f T ' e% - TeryAe 1880 Main S treet • C ente viCfe, MN 550_38 EstabLhed 1857 (612) 429 -3232 • FaX (612) 4298629 MEMORANDUM DATE: July 15, 1998 TO: Honorable Mayor and Council FROM: Ry -Chel Gaustad, CMC City Clerk RE: Admenment to Ordinance #4 Signs. Subd. 32.03 -04 "Political Signs" Attached please find a few of the surrounding communities political sign ordinance. The following is submitted for your consideration. CURRENT ORDINANCE: Political signs are allowed in any district on private property with the consent of the owner of the property to a maximum size of sixteen (16) square feet per side. Such signs must be removed by property owner within seven (7) days following the date of the election to which they apply. ANIEND TO READ: Political signs shall not exceed eight (8) sq uare feet in area in residential districts and 32 square feet in all other districts. Such signs shall not be erected prior to the first day of filing. Such signs shall be removed within seven (7) days after the election to which they are applicable. Each such sign shall contain the name and address of the person responsible for the placement of the sign. Such persons shall be responsible for the removal. Signs are prohibited in the public right -of -way. I _ r ) Circla Pines (1330.03 k.) Political Campaign Signs. Signs designating candidates seeking public political office and other data pertinent thereto shall be permitted on private property only, provided that the property owner's permission has been obtained, as follows: a rnaximurn area of nine (9) square feet for each premise in a residential zone and maximum area of thirty -two (32) square feet In a commercial or industrial zone, These signs shall be located on private propery and shall not be less then fifteen (15) feet from the nearest edge of the pavement and fifty (50) feet from the nearest curb line intersection of any street or road. These signs may be displayed thirty (30) days prior to five (5) days affer the election for which they are intended. If a general election follows within sixty (SO) days of a primary election, those candidates who were successful in the primary election may continua to display their signs until five (5) days after the general election. Signs placed in violation of this Section are subject to immediate removal, Ceiumbia Heights Following are criteria pertaining to the use of political signs in residential areas: Allowed provided they do not exceed eight (8) square feet par surface, and limited to two (2) sunaces, provided they are dlsplaved not more than thirty (30) days prior to an election or referendum and net more than seven (7) days following said election or referendum for which the sign is being erected. Pcrmits not required. Columbus (78.203) Political S Political campaign Sigrs may be permitted on private property in any District, but may not be placed sooner than ninety (90) days preceding the election involved and must be removed within ten (10) days following the election. CITY OF CENTERVILLE ANOKA COUNTY, MINNESOTA NOTICE OF PUBLIC HEARING ORDINANCE NO. 44 A NOTICE IS HEREBY GIVEN that a public hearing will be held before the Planning and Zoning Commission of the City of Centerville at City Hall, 1880 Main Street, on Tuesday, May 5, 1998 at 7:00 p.m. or shortly thereafter. The purpose of the hearing will be to hear all persons present regarding the consideration to amend Ordinance 44A to exclude wood frame construction in the industrial and commercial district and other changes. A copy of the proposed amended ordinance 44A can be viewed at the City Clerks office. Written or oral comments will be accepted until 4:00 p.m. on May 5, 1998. April 14, 1998 /s/Ry -Chef Gaustad, CMC City Clerk abcd efghijklmnopgrstuvwxyz Published in the Times, April 16, & 23, 1998. u CITY OF CENTERVILLE COUNTY OF ANOKA STATE OF MINNESOTA AMENDMENT TO ORDINANCE 444 -A BUILDING DESIGN AN ORDINANCE REGULATING THE USE AND DEVELOPMENT OF LAND WITHIN THE COMMERCIAL, LIGHT INDUSTRIAL AND INDUSTRIAL ZONING DISTRICTS WITH REGARD TO BUILDING DESIGN. Ordinance #44 -A, Section 2_ Now Reads: All buildings erected on land within the commercial and industrial zoning districts shall be of wood frame, steel, reinforced concrete, masonry or an equivalent or better material. No building shall have pole barn type construction nor an exterior wall surface of sheet metal. Exterior wall surfaces of all buildings shall be face brick, glass, stone, decorative block, architectural concrete cast in place, pre -cast concrete panel or architectural metal panel. Wood may be used as a trim material. Amend to Read: Light Industrial /Industrial Districts All buildings erected on land within the light industrial and industrial zoning districts shall be constructed with the main wall component being masonry, concrete or structural iron. No building shall have pole barn type construction nor an exterior wall surface of sheet metal in excess of 25 °s of the surface area. Exterior wall surfaces shall be of non - combustible materials, the trim materials are excluded from this requirement. Contrasting architectural features must be included to highlight the exterior wall faces. This may include contrasting building materials and /or colors. The intent is to develop aestpetically pleasing buildings_ The building design will be reviewed and approved by the Planning Commission. Commercial Districts Buildings in the commercial zoning districts shall be constructed with the main wall component being wood frame, masonry, concrete or structural iron. No building shall have pole barn type construction. Contrasting architectural features must be included to highlight the exterior wall faces. This may include contrasting building materials and /or colors_ The intent is to develop aesthetically pleasing buildings. The building design will be reviewed and approved by the Planning Commission. Adopted by the City Council this day of May, 1998. Mayor T.D. Wilharber , ATTEST; City Clerk Ry -chel Gaustad , • DRAFT Revised July 7, 1998 SAMPLE SHORELAND MANAGEMENT ORDINANCE TABLE OF CONTENTS SEC TION PA( SECTION 1.0 - STATUTORY AUTHORIZATION AND POLICY ......................... 1 1.1 Statutory Authorization ... ............................... 1 1.2 Policy .................... ............................... 1 SECTION 2.0 - GENERAL PROVISIONS AND DEFINITIONS. ........................ 1 2.1 Jurisdiction .............. ............................... 1 2.2 Compliance ................ ............................... 1 2.3 Enforcement ............... ............................... 2 2.4 Interpretation ............ ............................... 2 2.5 Severability .............. ............................... 2 2.6 Abrogation and Greater Restrictions ...................... 2 2.7 Definitions ............... ............................... 2 SECTION 3.0 - ADMINISTRATION ............... ............................... 8 3.1 Permits Required ......... ............................... 8 3.2 Certificates of Zoning Compliance ....................... 8 3.3 Variances ............... ............................... 8 3.4 Notifications to DNR ... ............................... 9 SECTION 4.0 - SHORELAND CLASSIFICATIONS AND LAND USE DISTRICTS............ 9 4.1 Shoreland Classification System .......................... 9 4.2 Land Use District Descriptions .......................... 11 SECTION 5.0 - ZONING AND WATER SUPPLY /SANITARY PROVISIONS ................ 17 5.1 Lot Area and Width Standards ............................ 1 5.2 Placement, Design, and Height of Structures .......... 21 5.3 Shoreland Alterations ... ............................... 25 5.4 Placement and Design of Roads, Driveways, and Parking Areas ........ ............................... 28 5.5 Stormwater Management .... ............................... 29 5.6 Special Provisions for Commercial, Industrial, Public/ Semipublic, Agricultural, Forestry and Extractive Uses and Mining of Metallic Minerals and Peat ................ 29 5.7 Conditional Uses ......... ............................... 32 5.8 Water Supply and Sewage Treatment ....................... 33 SMO- 260.081 260 -081 -10 D R A F T Revised July 7, 1998 SECTION 6.0 - NONCONFORMITIES ............. ............................... 34 6.1 Construction on Nonconforming Lots of Record ............ 34 6.2 Additions /Expansions to Nonconforming Structures ........ 34 6.3 Nonconforming Sewage Treatment Systems ................. 35 SECTION 7.0 - SUBDIVISION /PLATTING PROVISIONS ............................ 35 SECTION 8.0 - PLANNED UNIT DEVELOPMENTS ... ............................... 37 8.1 Types of PUD's Permissible ............................... 37 8.2 Processing of PUD' s ....... ............................... 37 8.3 Application for a PUD .... ............................... 37 8.4 Site "Suitable Area" Evaluation... ....................... 38 8.5 Residential and Commercial PUD Density Evaluation ....... 39 8.6 Maintenance and Design Criteria ......................... 41 8.7 Conversions .............. ............................... 44 APPENDICES APPENDIX A - ORDINANCE CERTIFICATION CHECKLIST SMO- 260.081 260 -081 -10 DRAFT Revised July 7, 1998 SAMPLE SHORELAND MANAGEMENT ORDINANCE SECTION 1.0 - STATUTORY AUTHORIZATION AND POLICY 1.1 Statutory Authorization This shoreland ordinance is adopted pursuant to the authorization and policies contained in Minnesota Statutes, Chapter 103F, Minnesota Regulations, Parts 6120.2500 - 6120.3900, and the planning and zoning enabling legislation in Minnesota Statutes, Chapter 394 (for counties) or Chapter 462 (for municipalities). 1.2 Policy The uncontrolled use of shorelands of the City of Centerville, Minnesota affects the public health, safety and general welfare not only by contributing to pollution of public waters, but also by impairing the local tax base. Therefore, it is in the best interests of the public health, safety and welfare to provide for the wise subdivision, use and development of shorelands of public waters. The Legislature of Minnesota has delegated responsibility to local governments of the state to regulate the subdivision, use and development of the shorelands of public waters and thus preserve and enhance the quality of surface waters, conserve the economic and natural environmental values of shorelands, and provide for the wise use of waters and related land resources. This responsibility is hereby recognized by the City of Centerville. SECTION 2.0 - GENERAL PROVISIONS AND DEFINITIONS 2.1 Jurisdiction The provisions of this ordinance shall apply to the shorelands of the public water bodies as classified in Section 4.0 of this ordinance. Pursuant to Minnesota Regulations, Parts 6120.2500 - 6120.3900, no lake, pond, or flowage less than 10 acres in size in municipalities or 25 acres in size in unincorporated areas need be regulated in a local government's shoreland regulations. A body of water created by a private user where there was no previous shoreland may. at the discretion of the governing body, be exempt from this ordinance. 2.2 Compliance The use of any shoreland of public waters: the size and shape of lots: the use, size, type and location of structures o - 1 lots: the installation and maintenance of water supply and waste treatment systems, the grading and filling of any shoreland area: the cutting of shoreland vegetation: and SMO- 260.081 1 260 -081-10 D R A F T Revised July 7, 1998 the subdivision of land shall be in full compliance with the terms of this ordinance and other applicable regulations. 2.3 Enforcement The (local government or designated official) is responsible for the administration and enforcement of this ordinance. Any violation of the provisions of this ordinance or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional uses) shall constitute a misdemeanor and shall be punishable as defined by law. Violations of this ordinance can occur regardless of whether or not a permit is required for a regulated activity pursuant to Section 3.1 of this ordinance. 2.4 Interpretation In their interpretation and application, the provisions of this ordinance shall be held to be minimum requirements and shall be liberally construed in favor of the governing body and shall not be deemed a limitation or repeal of any other powers granted by State Statutes. 2.5 Severability If any section, clause, provision, or portion of this ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby. 2.6 Abrogation and Greater Restrictions It is not intended by this ordinance to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance imposes greater restrictions, the provisions of this ordinance shall prevail. All other ordinances inconsistent with this ordinance are hereby repealed to the extent of the inconsistency only. 2.7 Definitions Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this ordinance its most reasonable application. For the purpose of this ordinance, the words "must" and "shall" are mandatory and not permissive. All distances, unless otherwise specified, shall be measured horizontally. 2.711 Accessory structure or facility. "Accessory structure" or "facility" means any building or improvement subordinate to a SMO- 260.087 2 260 -081 -10 DRAFT Revised July 7, 1998 principal use which, because of the nature of its use, can reasonably be located at or greater than normal structure setbacks. 2.712 Bluff. "Bluff' means a topographic feature such as a hill, cliff, or embankment having the following characteristics (an area with an average slope of less than 18 percent over a distance for 50 feet or more shall not be considered part of the bluff): (1) Part or all of the feature is located in a shoreland area; (2) The slope rises at least 25 feet above the ordinary high water level of the waterbody; (3) The grade of the slope from the toe of the bluff to a point 25 feet or more above the ordinary high water level averages 30 percent or greater; and (4) The slope must drain toward the waterbody. 2.713 Bluff impact zone. "Bluff impact zone" means a bluff and land located within 20 feet from the top of a bluff. 2.714 Boathouse. "Boathouse" means a structure designed and used solely for the storage of boats or boating equipment. 2.715 Building line. "Building line" means a line parallel to a lot line or the ordinary high water level at the required setback beyond which a structure may not extend. 2.716 Commercial planned unit developments. "Commercial planned unit developments" are typically uses that provide transient, short -term lodging spaces, rooms, or parcels and their operations are essentially service - oriented. For example, hotel/motel accommodations, resorts, recreational vehicle and camping parks, and other primarily service - oriented activities are commerical planned unit developments. 2.717 Commercial use. "Commercial use" means the principal use of land or buildings for the sale, lease, rental, or trade of products, goods, and services. 2.718 Commissioner. "Commissioner" means the commissioner of the Department of Natural Resources. 2.719 Conditional use. "Conditional use" means a land use or development as defined by ordinance that would not be appropriate generally but may be allowed with appropriate restrictions as provided by official sMO- 260.081 -3- 26M81 -10 D R A F T Revised July 7, 1998 controls upon a finding that certain conditions as detailed in the zoning ordinance exist, the use or development conforms to the comprehensive land use plan of the community, and the use is compatible with the existing neighborhood. 2.720 Deck. "Deck" means a horizontal, unenclosed platform with or without attached railings, seats, trellises, or other features, attached or functionally related to a principal use or site and at any point extending more than three feet above ground. 2.721 Duplex, triplex, and quad. "Duplex," triplex," and "quad" means a dwelling structure on a single lot, having two, three, and four units, respectively, being attached by common walls and each unit equipped with separate sleeping, cooking, eating, living, and sanitation facilities. 2.722 Dwelling site. "Dwelling site" means a designated location for residential use by one or more persons using temporary or movable shelter, including camping and recreational vehicle sites. 2.723 Dwelling unit. "Dwelling unit" means any structure or portion of a structure, or other shelter designed as short- or long -term living quarters for one or more persons, including rental or timeshare accommodations such as motel, hotel, and resort rooms and cabins. 2.724 Extractive use. "Extractive use" means the use of land for surface or subsurface removal of sand, gravel, rock, industrial minerals, other nonmetallic minerals, and peat not regulated under Minnesota Statutes, sections 93.44 to 93.51. 2.725 Forest land conversion. "Forest land conversion" means the clear cutting of forested lands to prepare for a new land use other than reestablishment of a subsequent forest stand. 2.726 Guest cottage. "Guest cottage" means a structure used as a dwelling unit that may contain sleeping spaces and kitchen and bathroom facilities in addition to those provided in the primary dwelling unit on a lot. 2.727 Hardship. "Hardship" means the same as that term is defined in Minnesota Statutes, Chapter 394 (for counties) or Chapter 462 (for municipalities). 2.728 Height of building. "Height of building" means the vertical distance between the highest adjoining ground level at the building or ten feet above the lowest ground level, whichever is lower, and the highest point of a flat roof or average height of the highest SMO- 260.081 4 260- 081 -10 DRAFT Revised July 7, 1998 gable of a pitched or hipped roof. 2.729 Industrial use. "Industrial use" means the use of land or buildings for the production, manufacture, warehousing, storage, or transfer of goods, products, commodities, or other wholesale items. 2.730 Intensive vegetation clearing. "Intensive vegetation clearing" means the complete removal of trees or shrubs in a contiguous patch, strip, row, or block. 2.731 Lot. "Lot" means a parcel of land designated by plat, metes and bounds, registered land survey, auditors plot, or other accepted means and separated from other parcels or portions by said description for the purpose of sale, lease, or separation. 2.732 Lot width. "Lot width" means the shortest distance between lot lines measured at the midpoint of the building line. 2.733 Nonconformity. "Nonconformity" means any legal use, structure or parcel of land already in existence, recorded, or authorized before the adoption of official controls or amendments thereto that would not have been permitted to become established under the terms of the official controls as now written, if the official controls had been in effect prior to the date it was established, recorded or authorized. 2.734 Ordinary high water level. "Ordinary high water level" means the boundary of public waters and wetlands, and shall be an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. For watercourses, the ordinary high water level is the elevation of the top of the bank of the channel. For reservoirs and flowages, the ordinary high water level is the operating elevation of the normal summer pool. 2.735 Planned unit development. "Planned unit development" means a type of development characterized by a unified site design for a number of dwelling units or dwelling sites on a parcel, whether for sale, rent, or lease, and also usually involving clustering of these units or sites to provide areas of common open space, density increases, and a mix of structure types and land uses. These developments may be organized and operated as condominiums. time -share condominiums, cooperatives, full fee ownership, commercial enterprises, or any combination of these, or cluster subdivisions of dwelling units, residential condominiums, townhouses, apartment buildings, campgrounds, recreational vehicle parks, resorts. hotels, motels, SMO860.081 -5- 260 -081 -10 D R A F T Revised July 7, 1998 and conversions of structures and land uses to these uses. 2.736 Public waters. "Public waters" means any waters as defined in Minnesota Statutes, section 103G.005, subdivisions 15 and 15a. 2.737 Residential planned unit development. "Residential planned unit development" means a use where the nature of residency is nontransient and the major or primary focus of the development is not service - oriented. For example, residential apartments, manufactured home parks, time -share condominiums, townhouses, cooperatives, and full fee ownership residences would be considered as residential planned unit developments. To qualify as a residential planned unit development, a development must contain at least rive dwelling units or sites. 2.738 Semipublic use. "Semipublic use" means the use of land by a private, nonprofit organization to provide a public service that is ordinarily open to some persons outside the regular constituency of the organization. 2.739 Sensitive resource management. "Sensitive resource management" means the preservation and management of areas unsuitable for development in their natural state due to constraints such as shallow soils over groundwater or bedrock, highly erosive or expansive soils, steep slopes, susceptibility to flooding, or occurrence of flora or fauna in need of special protection. 2.740 Setback. "Setback" means the minimum horizontal distance between a structure, sewage treatment system, or other facility and an ordinary high water level, sewage treatment system, top of a bluff", road, highway, property line, or other facility. 2.741 Sewage treatment system. "Sewage treatment system" means a septic tank and soil absorption system or other individual or cluster type sewage treatment system as described and regulated in Section 5.8 of this ordinance. 2.742 Sewer system. "Sewer system" means pipelines or conduits, pumping stations, and force main, and all other construction, devices, appliances, or appurtenances used for conducting sewage or industrial waste or other wastes to a point of ultimate disposal. 2.743 Shore impact zone. "Shore impact zone" means land located between the ordinary high water level of a public water and a line parallel to it at a setback of 50 percent of the structure setback. 2.744 Shoreland. "Shoreland" means land located within the following sMO- 260.081 -6- 260.081 -10 DRAFT Revised July 7, 1998 distances from public waters: 1,000 feet from the ordinary high water level of a lake, pond, or flowage; and 300 feet from a river or stream, or the landward extent of a floodplain designated by ordinance on a river or stream, whichever is greater. The limits of shorelands may be reduced whenever the waters involved are bounded by topographic divides which extend landward from the waters for lesser distances and when approved by the commissioner. 2.745 Significant historic site. "Significant historic site" means any archaeological site, standing structure. or other property that meets the criteria for eligibility to the National Register of Historic Places or is listed in the State Register of Historic Sites, or is determined to be an unplatted cemetery that falls under the provisions of Minnesota Statutes, section 307.08. A historic site meets these criteria if it is presently listed on either register or if it is determined to meet the qualifications for listing after review by the Minnesota state archaeologist or the director of the Minnesota Historical Society. All unplatted cemeteries are automatically considered to be significant historic sites. 2.746 Steep slope. "Steep slope" means land where agricultural activity or development is either not recommended or described as poorly suited due to slope steepness and the site's soil characteristics, as mapped and described in available county soil surveys or other technical reports, unless appropriate design and construction techniques and farming practices are used in accordance with the provisions of this ordinance. Where specific information is not available, steep slopes are lands having average slopes over 12 percent, as measured over horizontal distances of 50 feet or more, that are not bluffs. 2.747 Structure. "Structure" means any building or appurtenance, including decks, except aerial or underground utility lines, such as sewer, electric, telephone, telegraph, gas Tines, towers, poles, and other supporting facilities. 2.748 Subdivision. "Subdivision" means land that is divided for the purpose of sale, rent, or lease, including planned unit developments. 2.749 Surface water- oriented commercial use. "Surface water - oriented commercial use" means the use of land for commercial purposes, where access to and use of a surface water feature is an integral part of the normal conductance of business. Marinas, resorts, and restaurants with transient docking facilities are examples of such use. aMo- avo.oa i - zbo- oai -10 DRAFT Revised July 7, 1998 2.750 Toe of the bluff. "Toe of the bluff" means the lower point of a 50 -foot segment with an average slope exceeding 18 percent. 2.751 Top of the bluff. "Top of the bluff' means the higher point of a 50 -foot segment with an average slope exceeding 18 percent. 2.752 Variance. "Variance" means the same as that term is defined or described in Minnesota Statutes, Chapter 394 (for counties) or Chapter 462 (for municipalities). 2.753 Water - oriented accessory structure or facility. "Water- oriented accessory structure or facility" means a small, above ground building or other improvement, except stairways, fences, docks, and retaining walls, which, because of the relationship of its use to a surface water feature, reasonably needs to be located closer to public waters than the normal structure setback. Examples of such structures and facilities include boathouses, gazebos, screen houses, fish houses, pump houses, and detached decks. 2.754 Wetland. "Wetland" means a surface water feature classified as a wetland in the United States Fish and Wildlife Service Circular No. 39 (1971 edition). SECTION 3.0 - ADMINISTRATION 3.1 Permits Required 3.11 A permit is required for the construction of buildings or building additions (and including such related activities as construction of decks and signs), the installation and /or alteration of sewage treatment systems, and those grading and filling activities not exempted by Section 5.3 of this ordinance. Application for a permit shall be made to the (designated official) on the forms provided. The application shall include the necessary information so that the (designated official) can determine the site's suitability for the intended use and that a compliant sewage treatment system will be provided. 3.12 A permit authorizing an addition to an existing structure shall stipulate that an identified nonconforming sewage treatment system, as defined by Section 5.8, shall be reconstructed or replaced in accordance with the provisions of this ordinance. 3.2 Certificate of Zoning Compliance SMD- 260.081 -8- 260 -081 -10 DRAFT Revised July 7, 1998 The (designated official) shall issue a certificate of zoning compliance for each activity requiring a permit as specified in Section 3.1 of this ordinance. This certificate will specify that the use of land conforms to the requirements of this ordinance. Any use, arrangement, or construction at variance with that authorized by permit shall be deemed a violation of this ordinance and shall be punishable as provided in Section 2.3 of this ordinance. 3.3 Variances 3.31 Variances may only be granted in accordance with Minnesota Statutes, Chapter 394 (for counties) or 462 (for municipalities), as applicable. A variance may not circumvent the general purposes and intent of this ordinance. No variance may be granted that would allow any use that is prohibited in the zoning district in which the subject property is located. Conditions may be imposed in the granting of a variance to ensure compliance and to protect adjacent properties and the public interest. In considering a variance request, the board of adjustment must also consider whether the property owner has reasonable use of the land without the variance, whether the property is used seasonally or year- round, whether the variance is being requested solely on the basis of economic considerations, and the characteristics of development on adjacent properties. 3.32 The board of adjustment shall hear and decide requests for variances in accordance with the rules that it has adopted for the conduct of business. When a variance is approved after the Department of Natural Resources has formally recommended denial in the hearing record, the notification of the approved variance required in Section 3.42 below shall also include the board of adjustment's summary of the public record /testimony and the findings of facts and conclusions which supported the issuance of the variance. 3.33 For existing developments, the application for variance must clearly demonstrate whether a conforming sewage treatment system is present for the intended use of the property. The variance, if issued, must require reconstruction of a nonconforming sewage treatment system. .� Notifications to the Department of Natural Resources 3.41 Copies of all notices of any public hearings to consider variances, amendments, or conditional uses under local shoreland management controls must be sent to the commissioner or the commissioner's designated representative and postmarked at least ten days before the hearings. Notices of hearings to consider proposed subdivisions /plats must include copies of the subdivision /plat. SMO- 260.081 - - 260 -081 -10 D R A F T ' Revised July 7, 1998 3.42 A copy of approved amendments and subdivisions /plats, and final decisions granting variances or conditional uses under local shoreland management controls must be sent to the commissioner or the commissioner's designated representative and postmarked within ten days of final action. SECTION 4.0 - SHORELAND CLASSIFICATION SYSTEM AND LAND USE DISTRICTS 4.1 Shoreland Classification System The public waters of the City of Centerville have been classified below consistent with the criteria found in Minnesota Regulations, Part 6120.3300, and the Protected Waters Inventory Map for Anoka County, Minnesota. 4.11 The shoreland area for the waterbodies listed in sections 4.12 and 4.13 shall be as defined in section 2.744 and as shown on the Official Zoning Map. 4.12 Lakes Protected Waters A. Natural Environment Lakes Inventory I.D.# Peltier Lake 4P sMO- 260.081 -10 - 260 - 081 -10 DRAFT Revised July 7, 1998 Protected Waters B. Recreational Development Lakes Inventory I.D.# Centerville Lake 6P Protected Waters C. General Development Lakes Inventory I.D.# None 4.13 Rivers and Streams A. Remote Rivers None B. Forested Rivers None C. Transition Rivers None D. Agricultural Rivers None E. Urban Rivers None F. Tributary Streams Clearwater Creek See map *All protected watercourses in the City of Centerville shown on the Protected Waters Inventory Map for Anoka County, a copy of which is hereby adopted by reference, not given a classification in Items A -E above shall be considered "Tributary ". 4.2 Land Use District Descriptions 4.21 Criteria For Designation. The land use districts in Section 4.22, and the delineation of a land use district's boundaries on the Official Zoning Map, must be consistent with the goals, policies, and objectives of the comprehensive land use plan .(when available) and the following criteria, considerations, and objectives. A. General Considerations and Criteria for All Land Uses: (1) preservation of natural areas; (2) present ownership and development of shoreland areas; SMO- 260.081 11 260- O8t -10 DRAFT Revised July 7, 1998 (3) shoreland soil types and their engineering capabilities: (4) topographic characteristics; (5) vegetative cover; (6) in -water physical characteristics, values, and constraints: (7) recreational use of the surface water: (8) road and service center accessibility; (9) socioeconomic. development needs and plans as they involve water and related land resources; (10) the land requirements of industry which, by its nature, requires location in shoreland areas; and (11) the necessity to preserve and restore certain areas having significant historical or ecological value. B. Factors and Criteria for Planned Unit Developments: (1) existing recreational use of the surface water and likely increases in use associated with planned unit developments; (2) physical and aesthetic impacts of increased density; (3) suitability of lands for the planned unit development approach: (4) level of current development in the area; and (5) amounts and types of ownership of undeveloped lands. 4.22 Land Use District Descriptions. The land use districts provided below, and the allowable land uses therein for the given classifications of waterbodies, shall be properly delineated on the Official Zoning Map for the shorelands of this community. These land use districts are in conformance with the criteria specified in Minnesota Regulation, Part 6120.3200, Subp. 3: (Note: Include either the following tables of land use districts by SMO- 260.081 12 260 -081 -10 DRAFT Revised July 7, 1998 classification, modified tables meeting state standards or a reference to an existing ordinance with land use descriptions meeting state standards.) A. Land Use Districts For Lakes (P = permitted, C = conditional) General Recreational Natural Development Development Environment Lakes Lakes Lakes (Centerville Lake) (Peltier Lake) (1) Special Protection District - Uses - Forest management P P P - Sensitive resource management P P P - Agricultural: cropland and pasture P P P - Agricultural feedlots C C C -Parks and historic sites C C C - Extractive use C C C - Single residential C C C - Mining of metallic minerals and peat P P P (2) Residential District - Uses - Single residential P P P - Semipublic C C C -Parks & historic sites C C C - Extractive use C C C - Duplex, triplex, quad residential P P C - Forest management P P P - Mining of metallic minerals and peat P P P (3) High Density Residential District Uses - Residential planned unit developments C C C - Single residential P P P - Surface water oriented commercial* C C C - Semipublic C C C -Parks & historic sites C C C - Duplex, triplex, quad SMO- 260.081 -13- 260-081-10 DRAFT Revised July 7, 1998 (4) Water Oriented Commercial District - Uses - Surface water - oriented commercial P P C - Commercial planned unit development ** C C C - Public. semipublic C C C -Parks & historic sites C C C - Forest management P P P *As accessory to a residential planned unit development * *Limited expansion of a commercial planned unit development involving up to six additional dwelling units or sites may be allowed as a permitted use provided the provisions of Section 8.0 of this ordinance are satisfied. (5) General Use District - Uses - Commercial P P C - Commercial planned unit development ** C C C - Industrial C C N - Public, semipublic P P C - Extractive use C C C -Parks & historic sites C C C - Forest management P P P - Mining of metallic minerals and peat P P P B. Land Use Districts for Rivers and Streams Re- For- Trans- Agri - Ur- Tribu- mote ested ition cultural ban tary (Clear - Water Cr) (1) Special Protection District Uses - Forest management P P P P P P - Sensitive resource management P P P P P P - Agricultural: cropland and pasture P P P P P P - Agricultural feedlots C C C C SMO- 260.081 -15 - 260.081a0 DRAFT Revised July 7, 1998 C C -Parks and historic sites C C C C C C - Extractive use C C C C C C - Single residential C C C C C C - Mining of metallic minerals and peat P P P P P P (2) Residential District - Uses - Single residential P P P P P P - Semipublic C C C C C P -Parks and historic sites C C C C C P - Extractive use C C C C C C - Duplex, triplex, quad residential C C C C P C - Forest management P P P P P P - Mining of metallic minerals and peat P P P P P P *As accessory to a residential planned unit development * *Limited expansion of a commercial planned unit development involving up to six additional dwelling units or sites may be allowed as a permitted use provided the provisions of Section 8.0 of this ordinance are satisfied. (3) Nigh Density Residential- Uses - Residential planned unit developments C C C C C C - Single residential P P P P P P - Surface water oriented commercial* C C C C C C - Semipublic C C C C C C -Parks and historic sites C C C C C SMO- 2e0.081 -16- 2ao- o81-10 DRAFT Revised July 7, 1998 C - Duplex, triplex, quad residential P P P P P P - Forest management P P P P P P (4) Water- oriented Commercial- Uses - Surface water - oriented commercial C C C C C C - Commercial planned unit development* C C C C C C - Public, semipublic C C C P P P -Parks and historic sites C C C C C C - Forest management P P P P P P (5) General Use District Uses - Commerical C C C C P C - Commercial planned unit development ** C C C C C C - Industrial N C N N C C - Public, semipublic C C C C P C - Extractive use C C C C C C -Parks and historic sites C C C C C C - Forest management P P P P P P - Mining of metallic minerals and peat P P P P P P *As accessory to a residential planned unit development * *Limited expansion of a commercial planned unit development involving up to six additional dwelling units or sites may be allowed as a permitted use provided the provisions of Section 8.0 of this ordinance are satisfied. SMO- 260.081 -17- 260-081-10 DRAFT Revised July 7, 1998 4.23 Use and Upgrading of Inconsistent Land Use Districts. A. The land use districts adopted in Ordinance Number Section , as they apply to shoreland areas, and their delineated boundaries on the Official Zoning Map, are not consistent with the land use district designation criteria specified in Section 4.22 herein. These inconsistent land use district designations may continue until revisions are proposed to change either the land use district designation within an existing land use district boundary shown on the Official Zoning Map or to modify the boundary of an existing land use district shown on the Official Zoning Map. B. When a revision is proposed to an inconsistent land use district provision, the following additional criteria and procedures shall apply: (1) For Lakes. When a revision to a land use district designation on a lake is considered, the land use district boundaries and use provisions therein for all the shoreland areas within the jurisdiction of this ordinance on said lake must be revised to make them substantially compatible with the framework in Sections 4.21 and 4.22 of this ordinance. (2) For Rivers and Streams. When a revision to a land use district designation on a river or stream is proposed, the land use district boundaries and the use provisions therein for all shoreland on both sides of the river or stream within the same classification within the jurisdiction of this ordinance must be revised to make them substantially compatible with the framework in Sections 4.21 and 4.22 of this ordinance. If the same river classification is contiguous for more than a five -mile segment, only the shoreland for a distance of 2.5 miles upstream and downstream, or to the class boundary if closer, need be evaluated and revised. C. When an interpretation question arises about whether a specific land use fits within a given "use" category, the interpretation shall be made by the Board of Adjustment. When a question arises as to whether a land use district's boundaries are properly delineated on the Official Zoning Map, this decision shall be made by the (governing body). SMO- 260.081 - 1 B " 2b0- 081 -10 DRAFT Revised July 7. 1998 D. When a revision is proposed to an inconsistent land use district provision by an individual party or landowner, this individual party or landowner will only be responsible to provide the supporting and /or substantiating information for the specific parcel in question. The (governing body) will direct the (designated official) to provide such additional information for this waterbody as is necessary to satisfy Items A and B. E. The (governing body) must make a detailed finding of fact and conclusion when taking final action that this revision, and the upgrading of any inconsistent land use district designations on said waterbody, are consistent with the enumerated criteria and use provisions of Section 4.2. SECTION 5.0 - ZONING AND WATER SUPPLY /SANITARY PROVISIONS 5.1 Lot Area and Width Standards. The lot area (in square feet) and lot width standards (in feet) for single, duplex, triplex and quad residential lots created after the date of enactment of this ordinance for the lake and river /stream classifications are the following: 5.11 Unsewered Lakes A. Natural Environment: Centerville Lot & Riparian Lots Nonriparian Lots Yard Requirements Area Width Area Width R -1 P, -3 Single 80.000 200 80,000 200 10 ac 300 10 ac 200 Duplex 120.000 300 160.000 400 10 ac 300 10 ac 300 Triplex 160.000 400 240,000 600 10 ac 300 10 ac 300 Quad 200.000 500 320.000 800 10 ac 300 10 ac 300 SMO- 260.08 ( - i9- 260 -081 -10 DRAFT Revised July 7, 1998 B. Recreational Development: Centerville Lot & Riparian Lots Nonriparian Lots Yard Requirements Area Width Area Width R -1 R -3 Single 40.000 150 40,000 150 10 ac 300 10 ac 200 Duplex 80.000 225 80,000 265110 ac 300 10 ac 300 Triplex 120.000 300 120.000 375 10 ac 300 10 ac 300 Quad 160.000 375 160,000 490 10 ac 300 10 ac 300 C. General Development: Riparian Lots Nonriparian Lots Area Width Area Width Single 20.000 100 40.000 150 Duplex 40,000 180 80.000 265 Triplex 60,000 260 120,000 375 Quad 80,000 340 160,000 490 5.12 Sewered Lakes: MUST BE UPDATED TO CURRENT ZONING STANDARDS A. Natural Environment: Riparian Lots Nonriparian Lots Area Width Area Width Single 40,000 125 20,000 125 Duplex 70,000 225 35,000 220 Triplex100,000 325 52,000 315 Quad 130,000 425 65.000 410 B. Recreational Development: Riparian Lots Nonriparian Lots Area Width Area Width Single 20.000 75 15.000 75 Duplex 35,000 135 26.000 135 Triplex50,000 195 38,000 190 Quad 65,000 255 49,000 245 C. General Development: Riparian Lots Nonriparian Lots Area Width Area Width Single 15,000 75 10,000 75 Duplex 26,000 135 17,500 135 Triplex38.000 195 25.000 190 Quad 49,000 255 32.500 245 SMO- 260.081 -20- 260 -08 ] -] 0 DRAFT Revised July 7, 1998 5.13 River /Stream Lot Width Standards. There is no minimum lot size requirements for rivers and streams. The lot width standards for single. duplex, triplex, and quad residential developments for the six river /stream classifications are: MUST BE UPDATED TO CURRENT ZONING STANDARDS Re- For- Trans- Agri- Urban & mote ested ition cultural Tribztary No sewer Sewer Single 300 200 250 150 100 75 Duplex 450 300 375 225 150 115 Triplex 600 400 500 300 200 150 Quad 750 500 625 375 250 190 5.14 Additional Special Provisions. A. Residential subdivisions with dwelling unit densities exceeding those in the tables in Sections 5.12 and 5.13 can only be allowed if designed and approved as residential planned unit developments under Section 8.0 of this ordinance. Only land above the ordinary high water level of public waters can be used to meet lot area standards, and lot width standards must be met at both the ordinary high water level and at the building line. The sewer lot area dimensions in Section 5.12 can only be used if publicly owned sewer system service is available to the property. B. Subdivisions of duplexes, triplexes, and quads on Natural Environment Lakes must also meet the following standards: (1) each building must be set back at least 200 feet from the ordinary high water level; (2) each building must have common sewage treatment and water systems in one location and serve all dwelling units in the building; (3) watercraft docking facilities for each lot must be centralized in one location and serve all dwelling units in the building; and (4) no more than 2S percent of a lake's shoreline can be in duplex, iriclex, or quad developments. C. One guest cottage may be allowed on lots meeting or exceeding the duplex lot area and width dimensions presented in Sections 5.11 -5.13, provided the following standards are met: for lots exceeding the minimum lot dimensions of duplex lots, the guest cottage must be located within the smallest duplex -sized lot that could be created including the principal dwelling unit: (2 a guest cottage must not cover more than 700 square feet of land surface and must not exceed 15 feet in height; and (3) a guest cottage must be located or designed to reduce its visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks or color, assuming summer leaf -on conditions. SMO- 260.081 - 21- 260 -081 -10 DRAFT Revised July 7, 1998 D. Lots intended as controlled accesses to public waters or as recreation areas for use by owners of nonriparian lots within subdivisions are permissible and must meet or exceed the following standards: (1) they must meet the width and size requirements for residential lots, and be suitable for the intended uses of controlled access lots. (2) If docking, mooring, or over -water storage of more than six (6) watercraft is to be allowed at a controlled access lot, then the width of the lot (keeping the same lot depth) must be increased by the percent of the requirements for riparian residential lots for each watercraft beyond six, consistent with the following table; Controlled Access Lot Frontage Requirements Ratio of lake size Required increase to shore length in frontage (acres /mile) (percent) Less than 100 25 100 -200 20 201 -300 15 301 -400 10 Greater than 400 5 (3) they must be jointly owned by all purchasers of lots in the subdivision or by all purchasers of nonriparian lots in the subdivision who are provided riparian access rights on the access lot; and (4) covenants or other equally effective legal instruments must be developed that specify which lot owners have authority to use the access lot and what activities are allowed. The activities may include watercraft launching, loading, storage, beaching, mooring, or docking. They must also include other outdoor recreational activities that do not significantly conflict with general public use of the public water or the enjoyment of normal property rights by adjacent property owners. Examples of the nonsignificant conflict activities include swimming, sunbathing, or picnicking. The covenants must limit the total number of vehicles allowed to be parked and the total number of watercraft allowed to be continuously moored, docked. or stored over water, and must require centralization of all common facilities and activities in the most suitable locations on the lot to minimize topographic and vegetation alterations. They must also require all parking areas, storage buildings, and other facilities to be screened by vegetation or topography as much as practical from view from the public water, assuming summer, leaf -on conditions. 5.2 Placement. Design, and Height of Structures. 5.21 Placement of Structures on Lots. When more than one setback applies to a site, structures and facilities must be located to meet all setbacks. Where structures exist on the adjoining lots on both sides of a proposed building site, structure setbacks may be altered without a variance to conform to the adjoining setbacks sMO- 260.081 -22 2t0 -oaiao DRAFT Revised July 7, 1998 from the ordinary high water level, provided the proposed building site is not located in a shore impact zone or in a bluff impact zone. Structures shall be located as follows. A. Structure and On -site Sewage System Setbacks (in feet) from Ordinary High Water Level *. MUST BE UPDATED TO CURRENT ZONING STANDARDS Setbacks* Classes of Structures Sewage Treatment Public Waters Unsewered Sewered System Lakes Natural Environment 150 150 150 Recreational Development 100 75 75 General Development 75 50 50 Rivers Remote 200 200 150 Forested and Transition 150 150 100 Agriculture, Urban, and Tributary 100 50 75 *One water - oriented accessory structure designed in accordance with Section 5.22 of this ordinance may be set back a minimum distance of ten (10) feet from the ordinary high water level. ** Distance between structures and property line not OHW B. Additional Structure Setbacks. The following additional structure setbacks apply, regardless of the classification of the waterbody: Setback From: Setback (in feet) (1) top of bluff: 30 (2) unplatted cemetery: 50 (3) right -of -way line of 50 federal, state. or county highway: and (4) right -of -way line of 20 town road, public street, or other roads or streets not classified. C. Bluff Impact Zones. Structures and accessary facilities, except stairways and landings, must not be placed within bluff impact zones. D. Uses Without Water - oriented Needs. Uses without water- oriented needs must be located on lots or parcels without public waters frontage, or. if located on lots or parcels with public waters frontage, must either SMO- 260.081 -23- 260-08i-tO DRAFT Revised July 7, 1998 be set back double the normal ordinary high water level setback or be substantially screened from view from the water by vegetation or topography, assuming summer, leaf -on conditions. 5.22 Design Criteria For Structures. A. High Water Elevations. Structures must be placed in accordance with any floodplain regulations applicable to the site. Where these controls do not exist, the elevation to which the lowest floor, including basement, is placed or flood - proofed must be determined as follows: (1) for lakes, by placing the lowest floor at a level at least three feet above the highest known water level, or three feet above the ordinary high water level, whichever is higher; (2) for rivers and streams, by placing the lowest floor at least three feet above the flood of record, if data are available. If data are not available, by placing the lowest floor at least three feet above the ordinary high water level, or by conducting a technical evaluation to determine effects of proposed construction upon flood stages and flood flows and to establish a flood protection elevation. Under all three approaches, technical evaluations must be done by a qualified engineer or hydrologist consistent with parts 6120.5000 to 6120.6200 governing the management of flood plain areas. If more than one approach is used, the highest flood protection elevation determined must be used for placing structures and other facilities; and (3) water- oriented accessory structures may have the lowest floor placed lower than the elevation determined in this item if the structure is constructed of flood- resistant materials to the elevation, electrical and mechanical equipment is placed above the elevation and, if long duration flooding is anticipated, the structure is built to withstand ice action and wind - driven waves and debris. B. Water- oriented Accessory Structures. Each lot may have one water- oriented accessory structure not meeting the normal structure setback in Section 5.21 of this ordinance i,f this water - oriented accessory structure complies with the following provisions: (1) the structure or facility must not exceed ten feet in height, exclusive of safety rails, and cannot occupy an area greater than 25D square feet. Detached decks must not exceed eight feet above grade at any point: (2) the setback of the structure or facility from the ordinary high water level must be at least ten feet: (3) the structure or facility must he treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks or color, assuming summer, leaf -on conditions: SMO- 260.081 -24- 260 -081-10 DRAFT Revised July 7, 1998 (4) the roof may be used as a deck with safety rails, but must not be enclosed or used as a storage area: (5) the structure or facility must not be designed or used for human habitation and must not contain water supply or sewage treatment facilities; and (6) as an alternative for general development and recreational development waterbodies, water - oriented accessory structures used solely for watercraft storage, and including storage of related boating and water- oriented sporting equipment, may occupy an area up to 400 square feet provided the maximum width of the structure is 20 feet as measured parallel to the configuration of the shoreline. C. Stairways, Lifts, and Landings. Stairways and lifts are the preferred alternative to major topographic alterations for achieving access up and down bluffs and steep slopes to shore areas. Stairways and lifts must meet the following design requirements: (1) stairways and lifts must not exceed flour feet in width on residential lots. Wider stairways may be used for commercial properties, public open -space recreational properties, and planned unit developments; (2) landings for stairways and lifts on residential lots must not exceed 32 square feet in area. Landings larger than 32 square feet may be used for commercial properties, public open -space recreational properties, and planned unit developments: (3) canopies or roofs are not allowed on stairways, lifts, or landings; (4) stairways, lifts, and landings may be either constructed above the ground on posts or pilings, or placed into the ground, provided they are designed and built in a manner that ensures control of soil erosion; (5) stairways, lifts, and landings must be located in the most visually inconspicuous portions of lots, as viewed from the surface of the public water assuming summer, leaf -on conditions, whenever practical; and (6) facilities such as ramps, lifts, or mobility paths for physically handicapped persons are also allowed for achieving access to shore areas, provided that the dimensional and performance standards of subitems (1) to (5) are complied with in addition to the requirements of Minnesota Regulations, Chapter 1340. D. Significant Historic Sites. No structure may be placed on a significant historic site in a manner that affects the values of the site unless adequate information about the site has been removed and documented in a public repository. E. Steep Slopes. The (designed official) must SMO- 260.081 -25- 260-081-10 DRAFT Revised July 7. 1998 evaluate possible soil erosion impacts and development visibility from public waters before issuing a permit for construction of sewage treatment systems, roads, driveways, structures, or other improvements on steep slopes. When determined necessary, conditions must be attached to issued permits to prevent erosion and to preserve existing vegetation screening of structures, vehicles, and other facilities as viewed from the surface of public waters, assuming summer, leaf -on vegetation. 5.23 Height of Structures. All structures in residential districts, except churches and nonresidential agricultural structures, must not exceed 25 feet in height. 5.3 Shoreland Alterations Alterations of vegetation and topography will be regulated to prevent erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping, and protect fish and wildlife habitat. 5.31 Vegetation Alterations. A. Vegetation alteration necessary for the construction of structures and sewage treatment systems and the construction of roads and parking areas regulated by Section 5.4 of this ordinance are exempt from the vegetation alteration standards that follow. B. Removal or alteration of vegetation, except for agricultural and forest management uses as regulated in Sections 5.62 and 5.63, respectfully, is allowed subject to the ollowing standards: (1) Intensive vegetation clearing within the shore and bluff impact zones and on steep slopes is not allowed. Intensive vegetation clearing for forest land conversion to another use outside of these areas is allowable as a conditional use if an erosion control and sedimentation plan is developed and approved by the soil and water conservation district in which the property is located. (2) In shore and bluff impact zones and on steep slopes, limited clearing of trees and shrubs and cutting, pruning, and trimming of trees is allowed to provide a view to the water from the principal dwelling site and to accormodate the placement of stairways and landings, picnic areas, access paths, livestock watering areas, beach and watercraft access areas. and permitted water - oriented accessory structures or facilities, provided that: (a) the screening of structures, vehicles, or other facilities as viewed from the water, assuming summer, leaf -on conditions, is not substantially reduced: (b) along rivers, existing shading of water surfaces is preserved: and (c) the above provisions are not applicable to the removal of trees, limbs, or branches that are dead, diseased, or pose safety hazards. snsa2e0.081 -26 2eo -0s1-10 DRAFT Revised July 7, 1998 5.32 Topographic Alterations /Grading and Filling. A. Grading and filling and excavations necessary for the construction of structures, sewage treatment systems, and driveways under validly issued construction permits for these facilities do not require the issuance of a separate grading and filling permit. However, the grading and filling standards in this Section must be incorporated into the issuance of permits for construction of structures, sewage treatment systems, and driveways. B. Public roads and parking areas are regulated by Section 5.4 of this ordinance. C. Notwithstanding Items A. and B. above, a grading and filling permit will be required for: (1) the movement of more than ten (10) cubic yards of material on steep slopes or within shore or bluff impact zones; and (2) the movement of more than 50 cubic yards of material outside of steep slopes and shore and bluff impact zones. D. The following considerations and conditions must be adhered to during the issuance of construction permits, grading and filling permits, conditional use permits, variances and subdivision approvals: (1) Grading or filling in any type 2, 3. 4, S. 6. 7, or 8 wetland must be evaluated to determine how extensively the proposed activity would affect the following functional qualities of the wetland *: (a) sediment and pollutant trapping and retention; (b) storage of surface runoff to prevent or reduce flood damage: (c) fish and wildlife habitat; (d) recreational use; (e) shoreline or bank stabilization; and (f) noteworthiness, including special qualities such as historic signficance, critical habitat for endangered plants and animals, or others. *This evaluation must also include a determination of whether the wetland alteration being proposed requires permits, reviews, or approvals by other local, state, or federal agencies such as a watershed district, the Minnesota Department of Natural Resources, or the United States Army Corps of Engineers. The applicant will be so advised. (2) Alterations must be designed and conducted in a manner that ensures only the smallest amount of bare ground is exposed for the shortest time possible; smo- 260.081 -27- 260 -081-10 DRAFT Revised July 7, 1998 (3) Mulches or similar materials must be used, where necessary, for temporary bare soil coverage, and a permanent vegetation cover must be established as soon as possible: (4) Methods to minimize soil erosion and to trap sediments before they reach any surface water feature must be used; (5) Altered areas must be stabilized to acceptable erosion control standards consistent with the field office technical guides of the local soil and water conservation districts and the United States Soil Conservation Service; (6) Fill or excavated material must not be placed in a manner that creates an unstable slope: (7) Plans to place fill or excavated material on steep slopes must be reviewed by qualified professionals for continued slope stability and must not create finished slopes of 30 percent or greater; (8) Fill or excavated material must not be placed in bluff impact zones: (9) Any alterations below the ordinary high water level of public waters must first be authorized by the commissioner under Minnesota Statutes, 103G.245; (10) Alterations of topography must only be allowed if they are accessory to permitted or conditional uses and do not adversely affect adjacent or nearby properties; and (11) Placement of natural rock riprap, including associated grading of the shoreline and placement of a filter blanket, is permitted if the finished slope does not exceed three feet horizontal to one foot vertical, the landward extent of the riprap is within ten feet of the ordinary high water level, and the height of the riprap above the ordinary high water level does not exceed three feet. E. Connections to public waters. Excavations where the intended purpose is connection to a public water, such as bgat slips, canals, lagoons, and harbors, must be controlled by local shoreland controls. Permission for excavations may be given only after the commissioner has approved the proposed connection to public waters. 5.4 Placement and Design of Roads. Driveways, and Parking Areas. 5.41 Public and private roads and parking areas must be designed to take advantage of natural vegetation and topography to achieve maximum screening from view from public waters. Documentation must be provided by a qualified individual that all roads and parking areas are designed and constructed to minimize and control erosion to public waters consistent with the field office technical guides of the local soil and water conservation district, or other applicable technical materials. 5.42 Roads, driveways, and parking areas must meet structure setbacks and must not sn40- 260.08i -28- 260- 08; -10 DRAFT Revised July 7, 1998 be placed within bluff and shore impact zones, when other reasonable and feasible placement alternatives exist. If no alternatives exist, they may be placed within these areas, and must be designed to minimize adverse impacts. 5.43 Public and private watercraft access ramps, approach roads, and access - related parking areas may be placed within shore impact zones provided the vegetative screening and erosion control conditions of this subpart are met. For private facilities, the grading and filling provisions of Section 5.32 of this ordinance must be met. 5.5 Stormwater Management. The following general and specific standards shall apply: 5.51 General Standards: A. When possible, existing natural drainageways, wetlands, and vegetated soil surfaces must be used to convey, store, filter, and retain stormwater runoff before discharge to public waters. B. Development must be planned and conducted in a manner that will minimize the extent of disturbed areas, runoff velocities, erosion potential, and reduce and delay runoff volumes. Disturbed areas must be stabilized and protected as soon as possible and facilities or methods used to retain sediment on the site. C. When development density, topographic features, and soil and vegetation conditions are not sufficient to adequately handle stormwater runoff using natural features and vegetation, various types of constructed facilities such as diversions, settling basins, skimming devices, dikes, waterways, and ponds may be used. Preference must be given to designs using surface drainage, vegetation, and infiltration rather than buried pipes and man -made materials and facilities. 5.52 Specific Standards: A. Impervious surface coverage of lots must not exceed 25 percent of the lot area. B. When constructed facilities are used for stormwater management. documentation must be provided by a qualified individual that they are designed and installed consistent with the'field office technical guide of the local soil and water conservation districts. C. New constructed stormwater outfalls to public waters must provide for filtering or settling of suspended solids and skimming of surface debris before discharge. 5.6 Special Provisions for Commercial, Industrial, Public /Semipublic, Agricultural, Forestry and Extractive Uses and Mining of Metallic Minerals and Peat. 5.61 Standards for Commercial. Industrial, Public, and Semipublic Uses. A. Surface water- oriented commercial uses and industrial, public, or semipublic uses with similar needs to have access to and use of public waters may be located on parcels or lots with frontage on public sMO- 260.081 -29- 260 -081 -10 DRAFT Revised July 7, 1998 waters. Those uses with water - oriented needs must meet the following standards: (1) in addition to meeting impervious coverage limits, setbacks, and other zoning standards in this ordinance, the uses must be designed to incorporate topographic and vegetative screening of parking areas and structures; (2) uses that require short -term watercraft mooring for patrons must centralize these facilities and design them to avoid obstructions of navigation and to be the minimum size necessary to meet the need; and (3) uses that depend on patrons arriving by watercraft may use signs and lighting to convey needed information to the public, subject to the following general standards: (a) no advertising signs or supporting facilities for signs may be placed in or upon public waters. Signs conveying information or safety messages may be placed in or on public waters by a public authority or under a permit issued by the county sheriff; (b) signs may be placed, when necessary, within the shore impact zone if they are designed and sized to be the minimum necessary to convey needed information. They must only convey the location and name of the establishment and the general types of goods or services available. The signs must not contain other detailed information such as product brands and prices, must not be located higher than ten feet above the ground. and must not exceed 32 square feet in size. If illuminated by artificial lights, the lights must be shielded or directed to prevent illumination out across public waters: and (c) other outside lighting may be located within the shore impact zone or over public waters if it is used primarily to illuminate potential safety hazards and is shielded or otherwise directed to prevent direct illumination out across public waters. This does not preclude use of navigational lights. ' B. Uses without water - oriented needs must be located on lots or parcels without public waters frontage, or, if located on lots or parcels with public waters frontage, must either be set back double the normal ordinary high water level setback or be substantially screened from view from the water by vegetation or topography, assuming summer, leaf -on conditions. 5.62 Agriculture Use Standards. A. General cultivation farming, grazing, nurseries, horticulture, truck farming. sod farming, and wild crop harvesting are permitted uses if steep slopes and shore and bluff impact zones are maintained in permanent vegetation or operated under an approved conservation plan SOHO - 250.081 -30- 260-081 -10 DRAFT Revised July 7, 1998 (Resource Management Systems) consistent with the field office technical guides of the local soil and water conservation districts or the United States Soil Conservation Service, as provided by a qualified individual or agency. The shore impact zone for parcels with permitted agricultural land uses is equal to a line parallel to and 50 feet from the ordinary high water level. B. Animal feedlots must meet the following standards: (1) new feedlots must not be located in the shoreland of watercourses or in bluff impact zones and must meet a minimum setback of 300 feet from the ordinary high water level of all public waters basins: and (2) modifications or expansions to existing feedlots that are located within 300 feet of the ordinary high water level or within a bluff impact zone are allowed if they do not further encroach into the existing ordinary high water level setback or encroach on bluff impact zones. 5.63 Forest Management Standards. The harvesting of timber and associated reforestation must be conducted consistent with the provisions of the Minnesota Nonpoint Source Pollution Assessment - Forestry and the provisions of Water Quality in Forest Management "Best Management Practices in Minnesota." 5.64 Extractive Use Standards. A. Site Development and Restoration Plan. An extractive use site development and restoration plan must be developed, approved, and followed over the course of operation of the site. The plan must address dust, noise, possible pollutant discharges, hours and duration of operation, and anticipated vegetation and topographic alterations. It must also identify actions to be taken during operation to mitigate adverse environmental impacts, particularly erosion, and must clearly explain how the site will be rehabilitated after extractive activities end. B. Setbacks for Processing Machinery. Processing machinery must be located consistent with setback standards for structures from ordinary high water levels of public waters and from bluffs. 5.65 Mining of Metallic Minerals and Peat. Mining of metallic minerals and peat. as defined in Minnesota Statutes, sections 93.44 to 93.51, shall be a permitted use provided the provisions of Minnesota Statutes, sections 93.44 to 93.51, are satisfied. 5.7 Conditional Uses Conditional uses allowable within shoreland areas shall be subject to the review and approval procedures, and criteria and conditions for review of conditional uses established community -wide. The following additional evaluation criteria and conditions apply within shoreland areas: 5.71 Evaluation criteria. A thorough evaluation of the waterbody and the topographic, vegetation, and soils conditions on the site must be made to ensure: sMO- 260.081 -31- z6o- obi -io DRAFT Revised July 7, 1998 (1) the prevention of soil erosion or other possible pollution of public waters, both during and after construction; (2) the visibility of structures and other facilities as viewed from public waters is limited; (3) the site is adequate for water supply and on -site sewage treatment; and (4) the types, uses, and numbers of watercraft that the project will generate are compatible in relation to the suitability of public waters to safely accommodate these watercraft. 5.72 Conditions attached to conditional use permits. The (designated body), upon consideration of the criteria listed above and the purposes of this ordinance, shall attach such conditions to the issuance of the conditional use permits as it deems necessary to fulfill the purposes of this ordinance. Such conditions may include, but are not limited to, the following: (1) increased setbacks from the ordinary high water level; (2) limitations on the natural vegetation to be removed or the requirement that additional vegetation be planted; and (3) Special provisions for the location, design, and use of structures, sewage treatment systems, watercraft launching and docking areas, and vehicle parking areas. 5.8 Water Supply and Sewage Treatment 5.81 Water Supply. Any public or private supply of water for domestic purposes must meet or exceed standards for water quality of the Minnesota Department of Health and the Minnesota Pollution Control Agency. 5.82 Sewage treatment. Any premises used for human occupancy must be provided with an adequate method of sewage treatment, as follows: A. Publicly -owned sewer systems must be used where available. B. All private sewage treatment systems must meet or exceed the Minnesota Pollution Control Agency's standards for individual sewage treatment systems contained in the document titled, 'Individual Sewage Treatment Systems Standards. Chapter 7080 ", a copy of which is hereby adopted by reference and declared to be a part of this ordinance. C. On -site sewage treatment systems must be set back from the ordinary high water level in accordance with the setbacks contained in Section 5.21 of this ordinance. D. All proposed sites for individual sewage treatment systems shall be evaluated in accordance with the criteria in subitems (1) -(4). If the determination of a site's suitability cannot be made with publicly available, existing information, it shall then be the responsibility of the applicant to provide sufficient soil borings and percolation tests from on -site field investigations. SMO- 260.081 -32- 260 - 081 -10 DRAFT Revised July 7, 1998 Evaluation criteria: (1) depth to the highest known or calculated ground water table or bedrock; (2) soil conditions, properties, and permeability; (3) slope: (4) the existence of lowlands, local surface depressions, and rock outcrops; E. Nonconforming sewage treatment systems shall be regulated and upgraded in accordance with section 6.13 of this ordinance. SECTION 6.0 - NONCONFORMITIES All legally established nonconformities as of the date of this ordinance may continue, but they will be managed according to applicable state statutes and other regulations of this community for the subjects of alterations and additions, repair after damage, discontinuance of use, and intensification of use; except that the following standards will also apply in shoreland areas: 6.1 Construction on nonconforming lots of record. A. Lots of record in the office of the county recorder on the date of enactment of local shoreland controls that do not meet the requirements of Section 5.1 of this ordinance may be allowed s building sites without variances from lot size requirements provided the use is permitted in the zoning district, the lot has been in separate ownership from abutting lands at all times since it became substandard, was created compliant with official controls in effect at the time, and sewage treatment and setback requirements of this ordinance are met. B. A variance from setback requirements must be obtained before any use. sewage treatment system, or building permit is issued for a lot. In evaluating the variance, the board of adjustment shall consider sewage treatment and water supply capabilities or constraints of the lot and shall deny the variance if adequate facilities cannot be provided. C. If, in a group of two or more contiguous lots under the same ownership, any individual lot does not meet the requirements of Section 5.1 of this ordinance the lot must not be considered as a separate parcel of land for the purposes of sale or development. The lot must be combined with the one or more contiguous lots so they equal one or more parcels of land, each meeting the requirements of Section 5.1 of this ordinance as much as possible. 6.2 Additions /expansions to nonconforming structures. A, All additions or expansions to the outside dimensions of an existing nonconforming structure must meet the setback, height, and other requirements of Section 5.0 of this ordinance. Any deviation from these reouirements must be authorized by a variance pursuant to Section 3.3. B. Deck additions may be allowed without a variance to a structure not meeting the required setback from the ordinary high water level if all of the following criteria and standards are met: (1) the structure existed on the date the structure setbacks were sMO- 260.081 -33- 260-08 1 -10 D R A F T Revised July 7, 1998 established; (2) a thorough evaluation of the property and structure reveals no reasonable location for a deck meeting or exceeding the existing ordinary high water level setback of the structure; (3) the deck encroachment toward the ordinary high water level does not exceed 15 percent of the existing setback of the structure from the ordinary high water level or does not encroach closer than 30 feet, whichever is more restrictive; and (4) the deck is constructed primarily of wood, and is not roofed or screened. 6.3 Nonconforming sewage treatment systems. A. A sewage treatment system not meeting the requirements of Section 5.8 of this ordinance must be upgraded, at a minimum, at any time a permit or variance of any type is required for any improvement on, or use of, the property. For the purposes of this provision, a sewage treatment system shall not be considered nonconforming if the only deficiency is the sewage treatment system's improper setback from the ordinary high water level. B. The governing body of the City of Centerville (community name) has by formal resolution notified the commissioner of its program to identify nonconforming sewage treatment systems. The City of Centerville (community name) will require upgrading or replacement of any nonconforming system identified by this program within a reasonable period of time which will not exceed 2- years. Sewage systems installed according to all applicable local shoreland management standards adopted under Minnesota Statutes, section 105.485 Enow 103F.201 -.221] in effect at the time of installation may be considered as conforming unless they are determined to be failing, except that systems using cesspools. leaching pits, seepage pits, or other deep disposal methods, or systems with less soil treatment area separation above groundwater than required by the Minnesota Pollution Control Agency's Chapter 7080 for design of on -site sewage treatment systems, shall be considered nonconforming. SECTION 7.0 SUBDIVISION /PLATTING PROVISIONS 7.11 Land suitability. Each lot created through subdivision, including planned unit developments authorized under Section 8.0 of this ordinance, must be suitable in its natural state for the proposed use with minimal alteration. Suitability analysis by the local unit of government shall consider susceptibility to floodinc, existence of wetlands, soil and rock formations with severe limitations for development, severe erosion potential, steep topography, inadequate water supply or sewage treatment capabilities, near -shore aquatic conditions unsuitable for water -based recreation, important fish and wildlife habitat, presence of significant historic sites, or any other feature of the natural land likely to be harmful to the health, safety, or welfare of future residents of the proposed subdivision or of the community. 7.12 Consistency with other controls. Subdivisions must conform to all official controls of this community. A subdivision will not be approved where a later variance from one or more standards in official controls would be needed to S\40-260.081 -34- zbo- osl -lo DRAFT Revised July 7, 1998 use the lots for their intended purpose. In areas not served by publicly owned sewer and water systems, a subdivision will not be approved unless domestic water supply is available and a sewage treatment system consistent with Sections 5.2 and 5.8 can be provided for every lot. Each lot shall meet the minimum lot size and dimensional requirements of Section 5.1, including at least a minimum contiguous lawn area, that is free of limiting factors sufficient for the construction of two standard soil treatment systems. Lots that would require use of holding tanks must not be approved. 7.13 Information requirements. Sufficient information must be submitted by the applicant for the community to make a determination of land suitability. The information shall include at least the following: (1) topographic contours at ten -foot intervals or less from United States Geological Survey maps or more accurate sources, showing limiting site characteristics: (2) the surface water features required in Minnesota Statutes, section 505.02, subdivision 1, to be shown on plats, obtained from United States Geological Survey quadrangle topographic maps or more accurate sources; (3) adequate soils information to determine suitability for building and on -site sewage treatment capabilities for every lot from the most current existing sources or from field investigations such as soil borings, percolation tests, or other methods: (4) information regarding adequacy of domestic water supply: extent of anticipated vegetation and topographic alterations; near -shore aquatic conditions, including depths, types of bottom sediments, and aquatic vegetation; and proposed methods for controlling stormwater runoff and erosion, both during and after construction activities: (5) location of 100 -year flood plain areas and floodway districts from existing adopted maps or data: and (6) a line or contour representing the ordinary high water level, the "toe" and the "top" of bluffs, and the minimum building setback distances from the top of the bluff and the lake or stream. 7.14 Dedications. When a land or easement dedication is a condition of subdivision approval, the approval must provide easements over natural drainage or ponding areas for management of stormwater and significant wetlands. 7.15 Flatting. All subdivisions that create five or more lots or parcels that are 2 -112 acres or less in size shall be processed as a plat in accordance with Minnesota Statutes. Chapter 505. No permit for construction of buildings or sewage treatment systems shall be issued for lots created after these official controls were enacted unless the lot was approved as part of a formal subdivision. 7.16 Controlled Access or Recreational Lots. Lots intended as controlled accesses to public waters or for recreational use areas for use by nonriparian lots within a subdivision must meet or exceed the sizing criteria in Section 5.14 of this ordinance. sup- 260.081 -35- 260 - 081 -10 DRAFT Revised July 7, 1998 SECTION 8.0 - PLANNED UNIT DEVELOPMENTS (PUD's) 8.1 Types of PUD's Permissible Planned unit developments (PUD's) are allowed for new projects on undeveloped land, redevelopment of previously built sites, or conversions of existing buildings and land. The land use districts in which they are an allowable use are identified in the land use district descriptions in Section 4.2 of this ordinance and the official zoning map. 8.2 Processing of PUD's Planned unit developments must be processed as a conditional use, except that an expansion to an existing commercial PUD involving 6 or less new dwelling units or sites since the date this ordinance was adopted is permissible as a permitted use provided the total project density does not exceed the allowable densities calculated in the project density evaluation procedures in Section 8.5. Approval cannot occur until the environmental review process (EAW /EIS) is complete. 8.3 Application for a PUD The applicant for a PUD must submit the following documents prior to final action being taken on the application request: 8.31 A site plan and /or plat for the project showing locations of property boundaries, surface water features, existing and proposed structures and other facilities, land alterations, sewage treatment and water supply systems (where public systems will not be provided), and topographic contours at ten -foot intervals or less. When a PUD is a combined commercial and residential development, the site plan and /or plat must indicate and distinguish which buildings and portions of the project are residential, commercial, or a combination of the two. 8.32 A property owners association agreement (for residential PUD's) with mandatory membership, and all in accordance with the requirements of Section 8.6 of this ordinance. 8.33 Deed restrictions, covenants, permanent easements or other instruments that: 1) properly address future vegetative and topographic alterations, construction of additional buildings, beaching of yatercraft, and construction of commercial buildings in residential PUD's; and 2) ensure the long -term preservation and maintenance of open space in accordance with the criteria and analysis specified in Section 8.6 of this ordinance. 8.34 When necessary, a master plan /drawing describing the project and the floor plan for all commercial structures to be occupied. 8.35 Those additional documents as requested by the (designated official /body) that are necessary to explain how the PUD will be designed and will function. 8.4 Site "Suitable Area" Evaluation Proposed new or expansions to existing planned unit developments must be evaluated using the following procedures and standards to determine the suitable area for the sMO- 260.081 -36- 260-081-10 DRAFT Revised July 7, 1998 dwelling unit /dwelling site density evaluation in Section 8.5. 8.41 The project parcel must be divided into tiers by locating one or more lines approximately parallel to a line that identifies the ordinary high water level at the following intervals, proceeding landward: sMO- 260.081 -37- 260-081-10 DRAFT Revised July 7, 1998 Shoreland Tier Dimensions Unsewered Sewered (feet) (feet) General development lakes - first tier 200 200 General development lakes - second and additional tiers 267 200 Recreational development lakes 267 267 Natural environment lakes 400 320 All river classes 300 300 8.42 The suitable area within each tier is next calculated by excluding from the tier area all wetlands, bluffs, or land below the ordinary high water level of public waters. This suitable area and the proposed project are then subjected to either the residential or commercial planned unit development density evaluation steps to arrive at an allowable number of dwelling units or sites. 8.5 Residential and Commercial PUD Density Evaluation The procedures for determining the "base" density of a PUD and density increase multipliers are as follows. Allowable densities may be transferred from any tier to any other tier further from the waterbody, but must not be transferred to any other tier closer. 8.51 Residential PUD "Base" Density Evaluation: A. The suitable area within ach tier is divided by the single residential lot size standard for lakes or, for rivers, the single residential lot width standard times the tier depth, unless the local unit of government has specified an alternative minimum lot size for rivers which shall then be used to yield a base density of dwelling units or sites for each tier. Proposed locations and numbers of dwelling units or sites for the residential planned unit developments are then compared with the tier, density, and suitability analyses herein and the design criteria in Section 8.6 8.52 Commercial PUD "Base" Density Evaluation: A. Determine the average inside living area size of dwelling units or sites within each tier, including both existing and proposed units and sites. Computatior. of inside living area sizes need not include decks, Patios, stoops, steps, garages, or porches and basements, unless they are habitable space. B. Select the appropriate floor area ratio from the following table: Commercial Planned Unit Development Floor Area Ratios* Public waters classes Sewered general Second and development additional tiers lakes: first on unsewered tier on general unsewered development general lakes: sMO- 260.081 -38- 260 -081 -10 DRAFT Revised July 7. 1998 development recreational lakes: urban, development Natural *Average agricultural, lakes: environment unit floor tributary transition and lakes and area (sq. river forested river remote river ft.) segments segments segments 200 .040 .020 .010 300 .048 .024 .012 400 .056 .028 .014 500 .065 .032 .016 600 .072 .038 .019 700 .082 .042 .021 800 .091 .046 .023 900 .099 .050 .025 1,000 .108 .054 .027 1,100 .116 .058 .029 1,200 .125 .064 .032 1,300 .133 .068 .034 1.400 .142 .072 .036 1,500 .150 .075 .038 *For average unit floor areas less than shown, use the floor area ratios listed for 200 square feet. For areas greater than shown, use the ratios listed for 1,500 square feet. For recreational camping areas, use the ratios listed at 400 square feet. Manufactured home sites in recreational camping areas shall use a ratio equal to the size of the manufactured home, or if unknown, the ratio listed for 1.000 square feet. C. Multiply the suitable area within each tier by the floor area ratio to yield total floor area for each tier allowed to be used for dwelling units or sites. D. Divide the total floor area by tier computed in Item C. above by the average inside living area size determined in Item A, above. This yields a base number of dwelling units and sites for each tier. E. Proposed locations and numbers of dwelling units or sites for the commercial planned unit development are then compared with the tier, density and suitability analyses herein and the design criteria in Section 8.6. 8.53 Density Increase Multipliers: A. Increases to the dwelling unit or dwelling site base densities previously determined are allowable if the dimensional standards in Section 5.0 are met or exceeded and the design criteria in Section 8.6 are satisfied. The allowable density increases in Item B. below will only be allowed if structure setbacks from the ordinary high water level are increased to at least 50 percent greater than the minimum setback, or the impact on the waterbody is reduced an equivalent amount through vegetative management, topography, or additional means acceptable to the local unit of government and the setback is at least 25 percent greater than the minimum setback. B. Allowable Dwelling Unit or Dwelling Site Density Increases for sMO- 260.081 -39- 260- 081-10 DRAFT Revised July 7, 1998 Residential or Commercial Planned Unit Developments: Density evaluation tiers Maximum density increase within each tier (percent) First 50 Second 100 Third 200 Fourth 200 Fifth 200 8.6 Maintenance and Design Criteria 8.61 Maintenance and Administration Requirements. A. Before final approval of a planned unit development, adequate provisions must be developed for preservation and maintenance in perpetuity of open spaces and for the continued existence and functioning of the development. B, Open space preservation. Deed restrictions, covenants, permanent easements, public dedication and acceptance, or other equally effective and permanent means must be provided to ensure long -term preservation and maintenance of open space. The instruments must include all of the following protections: (1) commercial uses prohibited (for residential PUD's); (2) vegetation and topographic alterations other than routine maintenance prohibited; (3) construction of additional buildings or storage of vehicles and other materials prohibited; and (4) uncontrolled beaching of watercraft prohibited. C. Development organization and functioning. Unless an equally effective alternative community framework is established, when applicable, all residential planned unit developments must use an owners association with the following features: (1) membership must be mandatory for each dwelling unit or site purchaser and any successive purchasers: (2) each member must pay a pro rata share of the association's expenses, and unpaid assessments can become liens on units or sites; (3) assessments must be adjustable to accommodate changing conditions; and (4) the association must be responsible for insurance, taxes, and maintenance of all commonly owned property and facilities. 8.62 Open Space Requirements. Planned unit developments must contain open space meeting all of the following criteria: SMO- 260.081 -40- 260 -081 -10 DRAFT Revised July 7, 1998 A. At least 50 percent of the total project area must be preserved as open space; B. Dwelling units or sites, road rights -of -way, or land covered by road surfaces. parking areas, or structures, except water - oriented accessory structures or facilities, are developed areas and shall not be included in the computation of minimum open space: C. Open space must include areas with physical characteristics unsuitable for development in their natural state, and areas containing significant historic sites or unplatted cemeteries; D. Open space may include outdoor recreational facilities for use by owners of dwelling units or sites, by guests staying in commercial dwelling units or sites, and by the general public; E. Open space may include subsurface sewage treatment systems if the use of the space is restricted to avoid adverse impacts on the systems: F. Open space must not include commercial facilities or uses, but may contain water - oriented accessory structures or facilities: G. The appearance of open space areas. including topography, vegetation, and allowable uses, must be preserved by use of restrictive deed covenants, permanent easements, public dedication and acceptance, or other equally effective and permanent means: and H. The shore impact zone, based on normal structure setbacks, must be included as open space. For residential PUD's, at least 50 percent of the shore impact zone area of existing developments or at least 70 percent of the shore impact zone area of new developments must be preserved in its natural or existing state. For commercial PUD's, at least 50 percent of the shore impact zone must be preserved in its natural state. 8.63 Erosion Control and Stormwater Management. Erosion control and stormwater management plans must be developed and the PUD must: A. Be designed, and the construction managed, to minimize the likelihood of serious erosion occurring either during or after construction. This must be accomplished by limiting the amount and length of time of bare ground exposure. Temporary ground covers, sediment entrapment facilities, vegetated buffer strips, or other appropriate techniques must be used to minimize erosion impacts on surface water features. Erosion control plans approved by a so l and water conservation district may be required if project size and site physical characteristics warrant; and B. Be designed and constructed to effectively manage reasonably expected quantities and qualities of stormwater runoff. impervious surface coverage within any tier must not exceed 25 percent of the tier area, except that for commercial PUD's 35 percent impervious surface coverage may be allowed in the first tier of general development lakes with an approved stormwater management plan and consistency with Section 5.3. 8.64 Centralization and Design of Facilities. Centralization and design of smo- 260.081 -41 26M81-10 DRAFT Revised July 7, 1998 facilities and structures must be done according to the following standards: A. Planned unit developments must be connected to publicly owned water supply and sewer systems, if available. On -site water supply and sewage treatment systems must be centralized and designed and installed to meet or exceed applicable standards or rules of the Minnesota Department of Health and Sections 5.2 and 5.8 of this ordinance. On -site sewage treatment systems must be located on the most suitable areas of the development, and sufficient lawn area free of limiting factors must be provided for a replacement soil treatment system for each sewage system; B. Dwelling units or sites must be clustered into one or more groups and located on suitable areas of the development. They must be designed and located to meet or exceed the following dimensional standards for the relevant shoreland classification: setback from the ordinary high water level, elevation above the surface water features, and maximum height. Setbacks from the ordinary high water level must be increased in accordance with Section 8.53 of this ordinance for developments with density increases; C. Shore recreation facilities, including but not limited to swimming areas, docks, and watercraft mooring areas and launching ramps, must be centralized and located in areas suitable for them. Evaluation of suitability must include consideration of land slope, water depth, vegetation, soils, depth to groundwater and bedrock, or other relevant factors, The number of spaces provided for continuous beaching, mooring, or docking of watercraft must not exceed one for each allowable dwelling unit or site in the first tier (notwithstanding existing mooring sites in an existing commercially used harbor). Launching ramp racilities, including a small dock for loading and unloading equipment, may be provided for use by occupants of dwelling units or sites located in other tiers; D. Structures, parking areas, and other facilities must be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks, color, or other means acceptable to the local unit of government, assuming summer, leaf -on conditions. Vegetative and topographic screening must be preserved, if existing, or may be required to be provided; E. Accessory structures and facilities, except' water oriented accessory structures, must meet the required principal structure setback and must be centralized: and F. Water- oriented accessory structures and facilities may be allowed if they meet or exceed design standards contained in Section 5.2 of this ordinance and are centralized. 8.7 Conversions Local governments may allow existing resort; or other land uses and facilities to be converted to residential planned unit developments if all of the following standards are met: 8.71 Proposed conversions must be initially evaluated using the same procedures for SMO- 260.081 -42- 260 -081 -10 DRAFT Revised July 7, 1998 residential planned unit developments involving all new construction. Inconsistencies between existing features of the development and these standards must be identified. 8.72 Deficiencies involving water supply and sewage treatment, structure color, impervious coverage, open space, and shore recreation facilities must be corrected as part of the conversion or as specified in the conditional use permit. 8.73 Shore and bluff impact zone deficiencies must be evaluated and reasonable improvements made as part of the conversion. These improvements must include, where applicable, the following: A. Removal of extraneous buildings, docks, or other facilities that no longer need to be located in shore or bluff impact zones; B. Remedial measures to correct erosion sites and improve vegetative cover and screening of buildings and other facilities as viewed from the water: and C. If existing dwelling units are located in shore or bluff impact zones, conditions are attached to approvals of conversions that preclude exterior expansions in any dimension or substantial alterations. The conditions must also provide for future relocation of dwelling units, where feasible, to other locations, meeting all setback and elevation requirements when they are rebuilt or replaced. 8.74 Existing dwelling unit or dwelling site densities that exceed standards in Section 8.5 may be allowed to continue but must not be allowed to be increased, either at the time of conversion or in the future. Efforts must be made during the conversion to limit impacts of high densities by requiring seasonal use, improving vegetative screening, centralizing shore recreation facilities, installing new sewage treatment systems, or other means. sMO -260MI -43 zbo- oar -io DRAFT Revised July 7, 1998 APPENDIX A ORDINANCE CERTIFICATION CHECKLIST CCITY /COUNTY NAME] Once all the below listed tasks are completed, please sign and return the checklist and all required documents to the appropriate DNR area hydrologist. 1. Date of published hearing notice. 2. Date of postmark of hearing notice to commissioner of the Department of Natural Resources /area hydrologist. 3. Date of hearing(s). 4. Date of ordinance adoption. 5. If ordinance is published in entirety, date and affidavit of newspaper publication of adopted ordinance (Include three copies of ordinance). 6. If only ordinance summary published, date and affidavit of newspaper publication of ordinance title and summary along with certified copy of adopted ordinance in its entirety from clerk /auditor. (Include three copies of ordinance) 7. Date of official filing of adopted ordinance with county recorder ( record book number page number). S. Yes_ No_ Board of adjustment and appeals has been established? *Note: Cities under charter must also submit a list of any additional requirements for hearings, notices, etc. stated in their charter. Please specify: Signature of Clerk /Auditor -44 SMO- 260.081 260 -081 -10 �ACCAP ANOKA COUNTY COMMUNITY ACTION PROGRAM, INC. 1201 89th Avenue NE • Suite 345 • Blaine, MN 55434 • Phone 783 -4747 • FAX 783 -4700 • TTY 783 -4724 e y Ay Agency TO: CITY COUNCIL/A�TTTN: RYCHEL GAUSTAD C- FROM: CATHEY WEID L/ � � Coordinator of deli= PrUgZauis az: 6'01 uf'a F.er iC; G RE: SENIOR OUTREACH REPORT DATE: JULY 10, 1998 Enclosed please find your community's SENIOR OUTREACH REPORT for the third quarter of the current program year. If you have any questions or comments regarding these reports, as well as any referrals for the Senior Outreach Worker, please feel free to contact me at 783 -4741. Again, thank you for your continued support of the Senior Outreach Program. AN EQUAL OPPORTUNITY EMPLOYER P ANOKA COUNTY COMMUNITY ACTION PROGRAM, INC. ACCA 1201 89th Avenue NE • Suite 345 • Blaine, MN 55434 • Phone 783 -4747 • FAX 783 -4700 • TTY 783 -4724 _ v \ ,� ' 1 A Urvtee Way EPOR SENIOR OUTREACH PROGRAM AREA: CENTERVILLE A9e`v ,- ,ONTH: Third Quarter (March, April, and May -1998) FROM: Cathey Weidmann, Coordinator - Senior Programs & Volunteer Services ON- GOING /FOLLOW -UP VISITS 3 REFERRALS MADE /AGENCY CONTACT ON CLIENTS'S BEHALF - # contacts NEW CLIENTS (not duplicated) HOUSEHOLDS: 1 Energy Assistance Program 2 Income Level HandyWorks /Chore Services 1 150% Poverty - Below: 0 Above: 1 Housing Assistance 1 HUD Section 8 - Below: 1 Above: 0 Paintathon Application 1 Unknown: 0 Size One: 1 Three: 0 TRIAD Emergency Card 1 Two: 0 Four +: 0 Senior Companion Program 1 Female Head of Household 1 Telephone Assistance Plan I Type of Dwellinq Private Home: 1 Transportation 1 Mobile Home: 0 Senior Housing: 0 Clothing Distribution 1 Apartment: 0 Other: 0 INDIVIDUALS IN HOUSEHOLDS: 1 Aqe Under 60: 0 70 -74: 1 60 -64: 0 75 -79: 0 65 -69: 0 80- +: 0 Sex Female: 1 Male: 0 Race Asian: 0 Black /African Amer: 0 GROUP CONTACTS (Senior Clubs, civic Caucasian /White: 1 groups,city leaders, etc.) - # Hispanic: 0 *TRIAD meetings 12, 7 Native Amer: 0 *RSVP meetings 7, 50, 400 *Woven Hearts Assisted Living 12 Disability *City Hall 2 Hearing: 0 Mental: 0 *Age Sensitivity Training 20 Speech: 0 Visual: 0 *Senior Issues Network Meeting 30 Emotional: 0 Other: 1 Orthopedic: 1 REQUESTS FOR OUTREACH VISIT FROM OUTSIDE SOURCE ity Clerk 1 AN EQUAL OPPORTUNITY EMPLOYER CENTEPVlLLG ECONOMIC DEVELOPMENT COMMITTEE REGULAR MEETING MINUTES TUESDAY June 23, 1998 Pursuant to due call and notice thereof, the i-entervilie wrunumzc Development Committee held their regular schedxleo meet1nu uv June 25, 1998" Cnairpersrn Tim kehoine calleo We meetioq Wo order at 5:4o P.M. Presert: hary Laura. l^eresa urenner, j1m March. John Madill. Paul Mcntain, Nary Jc "e1morecht, bill 6zsek. �-hinutes Tabled until July meeting. �� Dg��.t�P� P _R��Y���t���lj�lat�� 2n Penny Simonsen from tne Minnesota Deszgn Team wa� present fcr ao update on how the committee is moving along on goals r"r txezr upcoming visit in September" Mixed Use Zoning - Dean Johnson was present along with tne cit' council and all other committees to discuss such issues as tne mixed use zoning. -{} Tabled until next meeting. w�it'�-Wat�[/L`�/Ig-'I��t��,���?I,���t labled until next meetin4. blIL_Uaqa(te Tabled until next meeting. W uUehater'Fi1re�_Trunk' Tabled until next meetin4^ Ad o urn Motion by John Magill to ao`nurn toe meeuing ac u:5a K|`|., second by Mary Capra. All in Favor. ' Respectful}y Submitted, Danell Westbrook Ueputy Clerk UNITED WASTE SYSTEMS 8678 N. 1 tech r, VIN St. 55082 OF MINNESOTA (612) 429-6766 (612) 653 -0818 Fax July 6, 1998 Ry -Chel Gaustad City of Centerville 1880 Main Street Centerville, MN 55038 Dear Ms. Gaustad: Our customer service center and dispatch has received one complaint during the month of June. DATE RESIDENT ADDRESS ISSUE 6/26/98 Randy Hagerty 1835 Prairie Dr. Recycling not collected Mr. Hagerty called our customer service center at 5:00pm on Friday, June 26th because all of his recycling was not collected on that day. The driver left cardboard and some clothing because it was not prepared properly. Mr. Hagerty wanted the driver to return at once and collect the items that were left behind. I told him that the driver would not return until the following week and could he have the items prepared properly for the driver. The conversation turned to several other issues such as recycling reports not being complete, the county having issues with the recycling reports and many complaints about yard waste collection. I called Jim March on Monday, June 29, 1998 to discuss these issues. Jim told me he was not aware of any current issues with yard waste collection. He said he was not involved with recycling reports for the city. I called Anoka County and left a message for recycling coordinator, Carolyn Smith and asked her to call me if there were any reporting issues with the annual recycling reports. She has not called me back. If you have any questions and /or issues regarding the month of June, please call me at 429 -9415. Respectfully Submitted, Ronald P. Gersdorf Residential Manager United Waste Systems of Minnesota, Inc. A Subsidiary of United Waste Systems, Inc. T_stab(ished1857 (612) 429 -3232 a FaX (612) 429-8629 July 14, 1998 Mr. Mite Quigley Gor—Em LLC 10732 Manson Boulevard Corn Rapids, MN 55433 Dear Mr. Quiglev, This letter is in regards to the agreement reached between the City Council and yourself at the July B, 1998 council meeting regarding the water assessment and the trailway dedication for the Eagle Pass Development. Listed below is a breakout of the fees that are dee at this time. Watermain Assessment $ 58,299.8 2 1/2 Interest aue $ 4,133.08 Total Due on, Assessment $ 62,432.90 Trailway Dedication $ 7,0010.00 Total Due On Project $ 69,432.90 Your prompt attention to this matter wnuld be greatly apPreciated. Any questions, please feel free to contact me at 6- Sincerely / \ �k) Danell uestbrock / Deputy Clerk ' cc: City Council