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Home My WebLink About2018-09-04 P & Z Packet CITY OF CENTERVILLE PLANNING AND ZONING COMMISSION MEETING AGENDA -vt Tuesday, September 4, 20,18 I. CALL TO ORDER 1. Roll Call II. PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA IV. AWARDS, PRESENTATIONS,APPEARANCES 1. None V. PUBLIC HEARINGS 1. Alex's Lawn and Turf—Amended Conditional Use Permit VI. OLD BUSINESS 1. None VII. NEW BUSINESS 1. Alex's Lawn and Turf—Conditional Use Permit Revision 2. Concept Plan Review—20t' Ave. Mini Storage 3. Water Service Hook-up Ordinance and Policy VIII. APPROVAL OF MINUTES 1. Planning & Zoning Commission July 31, 2018 Meeting Minutes IX. ANNOUNCEMENTS/UPDATES 1. Council Member Liaison X. ADJOURNMENT *REMINDERS** City "oiunci1 Meeting e(Ine (p iy, S p teniber 12, 2015 6-30 p in City 1 u,ffl City "oiunci1 Meeting e(Ine (p iy, Sip teniber SGS, 2015 6-30 p In City 1 u,ffl Ninning & Zoning Coininission h�es(],iy, October 2, 2018 6-30 p in City I�,ffl 1~ecychng S ibu r(1,iy : '),00 ,i in 12-00 p in ((rr en Lights 1~e yc hng, 1525 1)1)"" Line N L, 1 kiine) Septeniber S, October 13, Noveniber 10 & 1)eceniber S, 2018 CITY OF CENTERVILLE REQUEST FOR COMMISSION ACTION o; (e, Agenda Item# Department: Requested Meeting Date: Planning 9/4/18 TITLE OF ISSUE: Alex's Lawn and Turf, LLC - Amended Conditional Use Permit BACKGROUND AND SUPPLEMENTAL INFORMATION: Alex's Lawn and Turf, LLC has submitted an application for an amendment to their Conditional Use Permit. See attached staff memo for more details. COST AND SOURCE(S) OF FUNDING: N/A REQUESTED ACTION: Motion to recommend approval of an amended Conditional Use Permit with Conditions as outlined in the staff memorandum. For Clerk's Use: SUPPORTED DOCUMENTS ATTACHED Motion By: Resolution Ordinance Contract Minutes Plan Map Second By: Vote Record: Ave Nay � ] Mosher other(specify) Staff memo and attachments Haiden Twohy Ganzel Broussard Vickers Refer to: Consent Tabled Until: Regular Other: 4IIIIIIII � � i f � r (XXO la r sops d. rte tai d Aa�d.n,wd e ,'a d a r s.,o.tuv rursrn.ra u.v� ' August 31, 2018 Planning and Zoning Commission 1880 Main Street Centerville, MN 55038 Dear Chair and Commissioners: Alex's Lawn and Turf, LLC has submitted an application for a revision to their Conditional Use Permit(see attached). The current permit allows "Alex's Lawn and Turf, LLC to operate a landscaping business..." at 7087 20th Ave. South. The applicant is requesting a change to their CUP to allow additional bins and the retail sale of landscaping materials to its customers. Site History Records indicate that Eagle Trucking (which was a dirt excavation company) owned the property at 7087 20th Ave. S. and was in the building in 1988 until the City purchased it in 2000. The City of Centerville's Public Works Department, then, operated from the building until 2008. The building sat vacant until 2014 when Alex's Lawn and Turf, LLC purchased, renovated, and commenced operation on the site and has been operating there since. The site has been zoned Business (B-1) since at least the late 1980's with the exception of the period where the city owned it, when it was changed to "Public(P-1)". The City rezoned the property from P-1 back to B-1 in early 2013 as the City was no longer utilizing the property. Returning the property to the B-1 zoning matched the abutting zoning of properties along 20th Avenue and was consistent with the existing growth management plan from the city's adopted comprehensive plan. The city's current comprehensive plan continues to guide this property for Commercial use. Alex's Lawn and Turf, LLC —Current Conditional Use Permit Alex's Lawn and Turf, LLC was granted a Conditional Use Permit on November 12, 2014 (attached) to operate a"Landscaping Business" at 7087 —20'h Avenue. A public hearing was held during the application process for this permit. There were no comments from the public at that time. Minutes from the Planning and Zoning Commission as well as the City Council meetings where the CUP was discussed are attached to this letter. Alleged Violations of the Conditional Use Permit Noise Over the years, the City has received numerous complaints from area property owners regarding noise, hours of noise/operation and lack of regard for neighbors. In 2017, Mr. Shuda was cited for a noise violation. Correspondence and other documents related to noise complaints are included in the attachments to this letter. Over the past year or so, we have not received complaints about noise being made outside of permitted business hours and we believe that Mr. Shuda has rectified problems surrounding this issue. City staff does not believe that the noise produced during business hours exceeds the thresholds in our ordinance and as referenced in the CUP, however, no testing has been conducted. Yard and Quarry Direct(Bulk Landscape Materials) In early April, 2017 it was brought to the City's attention that a sign had been placed in the bucket of a front-end loader and parked in the parking lot near 20'h Avenue along with a billboard on Highway 35E advertising Yard& Quarry Direct. (See attached print- out from their web site). At this time it was also noted that they exceeded their 10 bin limit (15 bins). To date it is believed that they have approximately 22-24 bins (see attached aerial photo). The Conditional use permit limits the number of bins to ten (10) and only authorizes Alex's Lawn and Turf, LLC to operate form this location. Correspondence related to the issue of operating Yard and Quarry Direct as well as the number of allowed bins has been included in this packet. To date, these items appear to be active violations of the permit. Summary and Staff Recommendation Staff recommendation is to approve the amended CUP for Alex's Lawn and Turf, LLC with changes noted below: 1. Increase the amount of allowed bins to 24 2. Allow the sale of bulk landscaping materials with the following limitations: a. Prohibit sales to contractors b. Prohibit loading vehicles larger than 1-ton pick-ups, except those owned by Alex's Lawn & Turf, LLC. C. Prohibit loading of rock products larger than 4-inches in diameter except between the hours of 9:00 AM and 3:00 PM 3. Snow removal equipment that is to be utilized after normal business hours (8:00 a.m. —5:00 p.m.)will be removed from the site prior to those hours as not to disturb the neighboring properties outside of normal business hours. Prior to the amended CUP being executed and recorded, by the City, the following must be demonstrated to City staff: 1. Yard & Quarry Direct has ceased its operation at the site. This will include, but may not be limited to: a. Website no longer shows Centerville as an address for the business or further implies that bulk materials may be purchased through Quarry Direct in Centerville b. All signage for Yard and Quarry Direct is removed from the site 2. Site is in compliance with all sign ordinances. 3. Site is in compliance with existing Conditional Use Permit, with the exception of the number of bins. City staff will be on hand at the Public Hearing and Planning and Zoning Commission meeting to answer questions. Sincerely, Mark R. Statz, PE City Administrator/City Engineer Attachments: Existing CUP Minutes from P&Z, City Council for initial CUP Application for amendment to the CUP Site Aerial Noise complaint correspondence and documents Correspondence and other documents related to potential CUP violations Excerpt from Quarry Direct website Cc: Alex Shuda—Applicant Kurt Glaser—City Attorney it Il lli 111 lllllillllll 1111 Record ID 2958882 2101173 - 003 CITY OF CENTERVILLE ANOKA COUNTY,MINNESOTA APPROVAL OF CONDITIONAL USET~ 1. Permit. Subject to the terms and conditions set forth herein,the City of Centerville hereby grants approval of a conditional use pit for: Alex's Lawn and Turf, LLC to operate a landscaping business and subject the conditions of this permit, . Property. The parent is for the following described property: 7087-200 Avenue South Lot 1,Block-1 Tower Addition PIN#23-31-22-14-0076 3. Conditions. This permit is issued subject to the following conditions: a) This permit anticipates owner will use the site in conformance with the site plan attached hereto and identified as Exhibit A. b) Applicant will pare with asphalt the front 60 feet of the lot for employee and sitar parking. e) Applicant will pave the balance of the site with clear, % -1 lz ` eh angular lime ruck(net shed)to provide a dust free,but permeable surface. d) Applicant will fence the portion of the property back of the front line of the building with wood privacy fence, except that the easterly portion shall be six foot chain-link with privacy slats. e) Applicant shall provide a movable gate to allow access for the city,its employees and agents to access the water tower and related facilities. f) Applicant shall be permitted to have up to ten bins,installed on asphalt or concrete surface, with open storage of landscape materials in onfo ee with the site plan,Exhibit A. ) Fertilizers, salt and similar chemicals shall be stored only within the building, or on an asphalt or concrete paved surface and shall be covered with a roof or tarp, in compliance with City Code, when not in active use. Any spilled materials shall be promptly cleaned up and properly disposed of: h) Vehicles with damaged or missing body parts and inoperable vehicles, shall be stored only inside a building. i) No parking of vehicles shall be permitted on the street at any time, j) Applicant may have up to three, 500 gallon tanks for bulk gasoline or other fuels. Fuel tanks shall in all respects comply with the Minnesota State Fire Code and NFP A requirements. There shall be no exterior storage of containers of lubricants or other chemicals. k) Vehicles with leaking oils or other fluids shall be promptly repaired and any spilled oils and fluids shall be immediately cleaned up and properly disposed of Any spills of fuels or lubricants of more than five gallons, and spills of any toxic chemical of more than one gallon shall be reported within twenty-four hours to the City. 1) The site shall be landscaped and buildings shall be painted in accordance with the application letter dated October 30, 2014. m) Limits on the noise emitted at the property line shall conform to the noise regulations contained in City Code Section 91.09 and the use is subject to other nuisance regulations contained in Chapter 91. id Landowner and the business operator shall jointly and individually be responsible for the continuing conformance with the permit and that if the proposed use is not initiated within six months of this date, the permit shall be void. o) Grantee will follow the applicable standards and requirements of the City of Centerville, Rice Creek Watershed District, Anoka County, Army Corp of Engineers, FEMA, Minnesota DNR and any other agency having jurisdiction over the property and shall secure and file with the City, any permits required by outside agencies, p) The City reserves the right to annually review this permit for compliance with the conditions and may impose additional conditions to mitigate unforeseen problems, 4. Criminal Penalty. Violation of the terms of this permit is a criminal misdemeanor. Dated. ........... . CITY OF CENTERVTLLE ................................................................. Toni Wilharber, Mayor Attest: Teresa Bender, City Clerk STATE OF MINNESOTA ) ) as. COUNTY OF ANOKA The foregoing was acknowledged before me this L2 day of ' ou�& I 'e- 2014. —N 4 —L by To Wilharber, Mayor and Teresa Bender, Clerk of the City of Centerville, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. .................................N.........oo......t...a.. rryy P"ublic -------................................... Drafted by City of Centerville 'o' S SWEE 1880 Main Street K NAY Centerville, MN 55038 a � } / � A Skokk is A4$mmdmmbe coffix MW 4 �p Mw 907-V A AWWLI--L- S k tv Iticlaide Sam sale arrvel of f atter towyear ANOKA COUNTYMINNESOTA Document-Xo,: 2101173.003 ABSTRACT I hereby ceTtiR- that the within instrument was filed in this office for record on: 02'25121015 10I7.00 AM Fees'Taxes In the Aniolict of $46.00 JONELL M. SAWYER Anoka County Property Tax Adiiifiiist'rator,,'Re,corderi'Registrar of Titles MI,XI, Deputy Record ID: 2958882 CITY OF CENTERVILLE PLANNING AND ZONING COMMISSION Pursuant to due call and notice thereof, the Planning and Zoning Commission held its regular meeting on December 2, 2014, at 6:30 p.m. PRESENT: Chairperson Darrin Mosher Commissioner Thomas Wood Commissioner James Flint Commissioner Russ Koski Commissioner Nick Twohy Commissioner Mark Haien Commissioner Matthew Montain ABSENT: one STAFF: Administrator Mike Ericson Dallas Larson OTHERS PRESENT, Council Member Love 1. CALL TO ORDER. The meeting was called to order at 6:30 pm. by Chairperson Mosher. 1. Roll Call H. APPEARANCES—None III. PUBLIC HEARINGS— 1. Request for Conditional Use Permit—7087 20fl'Ave nue,Alex's Landscaping. The applicant Alex Shuda, was present. The meeting was opened to public comment, no one was present to speak with regard to the request- After everyone who wished to do so was given an opportunity to speak in regard to the project, a motion was made by Commissioner Wood, seconded by Commissioner Koski to close the public hearing.All present voted in favor. The motion was declared passed. 2. Request for Conditional Use Permit—7139 20 th Avenue, Shane's Auto The applicant, Shane Krueger was present for the hearing- The meeting was opened to public comment,no one was present to speak with regard to the request. Page 1 of 3 City of Centerville Phinning and Zoning Commission December 2,2014 The Commission received a written comment from Elizabeth Rantala, 2018 Willow Circle, which was read aloud, the comments indicating that she was concerned for all the cars parked on the site. She bad read the draft CUP and does not object as long as the city enforces the permit. After everyone who wished to do so was given an opportunity to speak in regard to the proposed use, a motion was made by Commissioner Koski, seconded by Commissioner Montain to dose the public hearing. All present voted in favor. The motion was declared passed. IV. OLD BUSINESS—None V. NEW BUSINESS 1) Draft Report and Recommendation for approval of Conditional Use Permit—7087 20th Avenue,Alex's Landscaping. The Commission discussed the proposed permit and the draft document. The applicant asked to allow fuels to be stored on site, so a provision was added to the permit to allow three 500 gallon tanks, as to as they meet current Fire Codes. After some discussion, the draft permit was modified to require reporting of fuel spills of more than five gallons (was one gallon). Motion bl Commissioner Koshh,,Ieconded by Commissioner Wood to ad2l2t the fl&d 1bgs and recommendation in favor of the gr2gosed conditional use. AD present voted in favor. �Wo—tion carried. 2) Request for Conditional Use Permit—7139 20th Avenue, Shane's Auto The Commission discussed the proposed permit and draft permit. The permit was modified to allow up to twelve vehicles awaiting repair,provided they are stored in the fenced area east of the building and requirement for parking on a paved surface was removed as the site has recycled asphalt surface.. The requirement to report spills of fuel was modified to-five gallons. The permit will allow repaird vehicles to be stored up to three days on the site. Motion Co m sio er os sewn e Co issioner and to Adopt the findings and recommendation in favor of t e ro ase conditional use. resent voted in favor. Motion carried. VI. DISCUSSION ITEMS Commissioners were asked if they wished to continue on P&Z in the coming year, as the Council approves appointments in January. Commissioners are to notify Administrator Ericson if they wish to be removed. None indicated that they wished to leave P&Z� Page 2 of 3 City of Centerville Cutmcil Meding hfinutes December 10,2014 X NEW BUSINESS Council Member Paar requested that Item 95, Planning & Zoning Recommendation, t Findings &Decision—Conditional Use Permit, 7087 — 20 ' — Avenue South (Alex's Turf) be moved to Item #1, and Council Member Love requested that Item #6, Plannin &Zoning Recommendation, Findings &Decision— Conditional Use Permit, 7139—20 Avenue North(Shane's Auto)be moved up also. Planning & Zoning Recommendation, Findings & Decision Conditional Use Permit, 7087—20'Avenue South(Alex's Turf) Administrator Ericson stated that the Planning and Zoning Commission met to consider a Conditional Use Permit for Alex's Turf located at 7087 — 20tb Avenue South, former Public Works site. Mr. Alex Shuda was present at the meeting and understood the requirements of the Conditional Use Permit if granted. Ouncil MeMhkLjgflLjq_!RRrove 2. Planning & Zoning Recommendation, Findings & Decision Conditional Use Permit, 7139—20th Avenue No (Shane's Auto) Administrator Ericson stated that Planning and Zoning Commission met to consider a Conditional Use Permit for Shane's Auto located at 7139 — 20s' Avenue South. Mr. Shane Krueger was present at the meeting and understood the requirements of the Conditional Use Permit if granted. neil Member Love to nrove Pl:a��inR�ecomm�enda F ad ns,& Q�eci%�n �ond in n "0'3 i C i"Ona' Per t nu So e: mi utb as Su i i f Use !1239—&20ZOAve e �bmtte�dA favor otion assed� Mayor Wilharber requested that Council Continue New Business Items 3. Mr. George Eilertson,Northland Securities Bond Sale Mr. Eilertson stated that four (4) bids had been received this morning with United Bankers Bank, Bloomington, MN being the lowest bidder, the bond amount would be $1,385,000. Mr. Eilertson also stated that interest rates and associated underwriting expenses are lower than previously discussed allowing for a decrease in the anticipated bond amount of$1,390,000 and with decreasing the amount of that savings ($5,000) the City ultimately saved approximately $14,000 in interest alone. Mr. Eilertson also stated that it was in the Council's best interest to restructure its General Obligation Bond 2009B Series with replacement. Page 5 of 9 7087 2&Avenue 233122140004 MINN.CITY OF CENTERVILLE,ANOKA COUNTY, Findings and Decision The Planning & Zoning Commission met on December 2,2014, to hold a public hearing to consider a request of Alex's Lawn & Turf, LLC for a conditional use permit for property located at 7087 20'h Avenue. 1) The Planning and Zoning Commission heard and considered all testimony of intemsted persons submitted in writing prior to and in person during the public hearing. 2) The proposed use may be operated in the B-1 zoning district subject to a Conditional Use Permit with reasonable conditions. 3) The proposed use is consistent with the Comprehensive Plan. 4) The applicant is willing to conform to conditions in the draft Conditional Use Permit attached hereto. RECOMMENDATION. The Planning Commission finds that the standards for granting a Conditional Use Permit have been met and recommends that the City Council approve the Conditional Use Permit, subject to the conditions contained in the draft CUP attached hereto. CITY COUNCIL Findings and recommendation are adopted by the Council this l0` day of December, 2014. Torn Wilharber,Mayor Attest: 'tea.�..-. . . X` a Bender,City Clerk V7staffidied er ivffe 1880%&WSt►ttt,CtnftndA WW55038 -057 651-429-3232 or FaZ 651-429-8629 AFFIDAVIT OF MAILING PUBLIC NOTICE State of Minnesota) County of Anoka ) City of Centerville) I,Teresa Bender,being first duly sworn, depose and say: I am a United States citizen, over nineteen(19) years of age, and the City Clerk of the City of Centerville, Minnesota. On August 22, 2018, acting on behalf of the said City, I deposited in the United States Postal Box located at 1880 Main Street copies of the attached Public Hearing Notice, in envelopes, with postage thereon fully paid, to the individual property owners of the following address. NAME ADDRESS See attached sheet There is delivery service by United States mail between the place of mailing and the places so addressed. Teresa Bender Subscribed and sworn to before me this 22nd day of August,2018. ago ozoz �E.ter wr Yl0S'�NW4 �I k�tW kll�lflN 9 t Not Public AN33MS$Iasi '" CITY OF CENTERVILLE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, that the Planning & Zoning Commission of the City of Centerville will consider a request from Mr. Alex Shuda of Alex's Lawn & Turf, LLC to, obtain an Amended Conditional Use Permit for additional outside storage bins and the sale of bulk landscaping materials at 7087 —20"' Avenue associated with providing services for his business. The hearing is sebeduled for Tuesday, September 4, 2018 at 6:30 p,m, or shortly thereafter. The purpose of the meeting is to obtain public comment regarding the above request. The City Hall is ADA accessible. Requests for hearing assisted devices or a sign language interpreter must be received before 4:00 p.m. August 30, 201& All persons interested are invited to attend and to be heard, verbally or in writing, You may call City I[all ('65 1) 429-3232 if you have any questions. 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COMPANY: 461,<-,s L(�w nI 9L / PAID: ADDRESS: :C2,Z 7 :Zo 44 TELEPHONE NUMBER: (,, L --2 '4 7- /41q f STREET LOCATION OF PROPERTY: S q M �- PROPERTY IDENTIFICATION NUMBER: 23 -3/- - 141' 00-76 LEGAL DESCRIPTION OF PROPERTY: -TO WLR Abb� %v SIZE OF PARCEL(S): CONDITIONAL USE PERMIT REQUEST: ; -r,,cA I!L /?;, r,1S ALi e - c5 G y� i LiT O uc-n O 4 aRe-Si I have read the attached City Code,Section 156.030 pertaining to the B-1 Zoning District and the need to apply for a Conditional Use pemmit_ I have also read the attached City Code,Section 156.320 pertaining to Conditional Uses also. By paying the above stated fee,I understand that no refunds will be issued in full or. art,at any item,even if outcome' riaL Signature A 'cant Signature of operty Owner Date �/ ---- -/` ` ---------------------------------- (Office Use only Below This Line) PLANNING&ZONING ACTION: CITY COUNCIL ACTION: en4de 61857 CITY OF CENTERVILLE CONDITION AT. USE PERMIT REQUEST NAME: Ate t FEE: $250.00+ $500.00 Deposit COMPANY: S LdyWd *Tvr PAID: ADDRESS: "708'7 7.64" AUS , C en`�c�v��l(� ` AA / $s 0 TELEPHONE NUMBER: 6:6(-2 y-7- STREET LOCATION OF PROPERTY: PROPERTY IDENTIFICATION NUMBER: 07(o LEGAL DESCRIPTION OF PROPERTY: Lo SIZE OF PARCEL(S): CONDITIONAL USE PERMIT REQUEST: I have read the attached City Code, Section 156.030 pertaining to the B-1 Zoning District and the need to apply for a Conditional Use permit. I have also read the attached City Code,Section 156.320 pertaining to Conditional Uses also. By paying*,above above stated fee, I understand that no refunds will be issued in full or in art, at any item, even if �e outcome' ial. Signature of Afplicant Signature o roperty ' Owner Date -------------------------------------------- (Office Use Only Below This Line) PLANNING&ZONING ACTION: CITY COUNCIL ACTION: To modify existing conditional use permit which allows for our landscaping and snow removal business to be run on site,to also allow retail sales of landscaping materials. Our landscaping business has been allowed to store material used in the business on site,and we are requesting authority to sell some of those materials directly to our customers.This would allow us to meet the needs of certain of our customers who have asked for the ability to directly purchase landscaping materials. The property is zoned B1 and this is an appropriate use for the parcel within the current zoning designation. This minor change would not materially affect the way we or the public uses this property. We would continue to operate the business within the hours currently approved and would continue to abide by all other applicable local ordinances. ..... . V Y� i o 1 �I ✓ a yy r C II i i 1 , e i y s /r , TZI Ila i., �,� ! ,�� ,,. ,,✓,„,err z��i � fj� fY, / ,:n ul llllll i�iluu l l Illi a ul / ' �,u (✓✓J � ��j / � '% / / � �Y"...il4 if �� I I� u� r JlJ J / / ll 1 f 1 �� i �� _✓, /rill/ ,�� ,,,,� i i / State of Minnesota District Court County of Anoka 10th Judicial District Prosecutor File No. 17082830 Court File No. .................................................................................................................................................................................................................................................................................................................... ...................... .........................................I...........I............................................................................................................................................................................................................................................................................................................ State of Minnesota, COMPLAINT Plaintiff, Summons vs. ALEX JAMES SHUDA DOB: 05/12/1982 5800 West Bald Eagle Boulevard White Bear Township, MN 55110 Defendant. The Complainant submits this complaint to the Court and states that there is probable cause to believe Defendant committed the following offense(s): COUNT I Charge: Public Nuisance -Annoy/Injure/Endanger Safety Minnesota Statute: 609.74(1) Maximum Sentence: Incarceration not more than 90 days or a fine of not more than $1,000, or both, may be imposed. Offense Level: Misdemeanor Offense Date (on or about): 04/19/2017 Control #(ICR#): 17082830 Charge Description: Public Nuisance - Whoever by an act or failure to perform a legal duty intentionally does any of the following is guilty of maintaining a public nuisance, which is a misdemeanor: (1) maintains or permits a condition which unreasonably annoys, injures or endangers the safety, health, morals, comfort, or repose of any considerable number of members of the public; COUNT 11 Charge: Prohibited Noise -General Prohibition Local Code: 91-09.A.1 Maximum Sentence: Incarceration not more than 90 days or a fine of not more than $1,000, or both, may be imposed. Offense Level: Misdemeanor Offense Date (on or about): 04/19/2017 Control#(ICR#): 17082830 Charge Description: (A) Prohibitions. The City Council finds within the city, certain loud, avoidable unnatural and unnecessary noises, which under certain circumstances and conditions constitute a serious threat to the health, welfare, contentment and the feeling of well-being of the residents. Excessive noise degrades the environment of the city and the city has a substantial and, in some situations, compelling 1 interest in controlling this noise. (1) General prohibition. (a) No person shall make or cause to be made any distinctly and loudly audible, continuous, objectionable noise due to intermittence, frequency, beat, shrillness or intensity that annoys, disturbs, injures or endangers the comfort, repose, health, peace, safety or welfare of any person or precludes his or her enjoyment of property or affects the property's value. COUNT III Charge: Prohibited Noise - Loading, Unloading, Unpacking Local Code: 91.09.A.3 Maximum Sentence: Incarceration not more than 90 days or a fine of not more than $1,000, or both, may be imposed. Offense Level: Misdemeanor Offense Date (on or about): 04/19/2017 Control#(ICR#): 17082830 Charge Description: (A) Prohibitions. The City Council finds within the city, certain loud, avoidable unnatural and unnecessary noises, which under certain circumstances and conditions constitute a serious threat to the health, welfare, contentment and the feeling of well-being of the residents. Excessive noise degrades the environment of the city and the city has a substantial and, in some situations, compelling interest in controlling this noise. (3) Loading, unloading, unpacking. No person shall create loud and excessive noise in loading, unloadinc or unpacking any vehicle between the hours of 10:00 p.m. and 7:00 a.m. 2 S,,,ir'ATEIIl EI,1I11T OI,,,,' IPIZOEIAI"Il,,,,,,EC AU,SE On or about April 19, 2017, at approximately 1:21 a.m., Centennial Lakes Police Officers Stepan responded to 7087 20th Ave S, City of Centerville, County of Anoka, in response to multiple noise complaints. 7087 20th Ave. S. is the location of Alex's Lawn and Turf. Upon arriving, Officer Stepan observed a large front end loader loading a dump truck. Officer Stepan noted the two pieces of equipment were causing a large amount of noise while being operated. Officer Stepan advised an employee on the site that the noise at that hour was a violation of the city's noise ordinance. The employee stated they were working on a project, and were only allowed to work on the project at night. Officer Stepan reiterated the noise at that time of night was in violation of the city's noise ordinance and the employee told Officer Stepan to "speak with [the] boss." Thereafter, at approximately 10:30 a.m. Centennial Lakes Police Officer Krueger responded to the location and spoke with the owner, ALEX JAMES SHUDA (DOB: 0511211982), the defendant. Defendant admitted the employees were working on a"night job" and were running dump trucks and tractors for a job involving wood chips and mulch. Officer Krueger advised Defendant of the numerous noise complaints and reminded Defendant that there was to be no activities of any powered machinery prior to 7:00 a.m. Defendant stated this would be "the last time." Alex's Lawn and Turf was issued a Conditional Use Permit on November 11, 2014 by the City of Centerville. The Permit is subjected to the following condition: m) Limits on the noise emitted at the property line shall conform to the noise regulations contained in the City Code Section 91.09 and the use is subjected to other nuisance regulations contained in Chapter 91. Any violation of the terms of the Permit is a criminal misdemeanor. SIGNATURES AND APPROVALS Complainant requests that Defendant, subject to bail or conditions of release, be: (1) arrested or that other lawful steps be taken to obtain Defendants appearance in court; or (2) detained, if already in custody, pending further proceedings; and that said Defendant otherwise be dealt with according to law. Complainant declares under penalty of perjury that everything stated inti document is true and correct. Minn. Stat. § 358.116; Minn. R. Crim. P. 2.01, subds. 1, 2. Complainant Matt Giese Detective 54 North Rd Circle Pines, MN 55014-1788 Badge. 108 Being authorized to prosecute the offenses charged, I approve this complaint. Prosecuting Attorney Catherine A. Crane 333 Washing-ton Avenue N Suite#405 Minneapolis, MN 55401 (612} 6616 4 F111 111)1111!1 0111:::: P`111:1,013AIII: I CA1115111:1111; From the above sworn facts, and any supporting affidavits or supplemental sworn testimony, 1, the Issuing Officer, have determined that probable cause exists to support, subject to it or conditions of release where applicable, Defendant's arrest or other lawful steps be taken to obtain Defendant's appearance in court, or Defendant's detention, if already in custody, pending further proceedings. Defendant is therefore charged with the above-stated offense(s). [g] SUMMONS THEREFORE YOU, THE DEFENDANT,ARE SUMMONED to appear g,)n I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.II.I.I.I.I.I.I.I.I.I.I.I.I.I..,-at AM/PM before the above-named court at 325 E Main Street, Anoka, MN 55303 to answer this complaint. IF YOU FAIL TO APPEAR in response to this SUMMONS, a WARRANT FOR YOUR ARREST shall be issued. [:] WARRANT To the Sheriff of the above-named county; or other person authorized to execute this warrant: I order, in the name of the State of Minnesota, that the Defendant be apprehended and arrested without delay and brought promptly before the court (if in session), and if not, before a Judge or Judicial Officer of such court without unnecessary delay, and in any event not later than 36 hours after the arrest or as soon as such Judge or Judicial Officer is available to be dealt with according to law. Execute in MN Only El Execute Nationwide Execute in Border States I LJ ORDER OF DETENTION Since the Defendant is already in custody, I order, subject to bail or conditions of release, that the Defendant continue to be detained pending further proceedings. Bail: $ Conditions of Release: This complaint, duly subscribed and sworn to or signed under penalty of perjury, is issued by the undersigned Judicial Officer as of the following date: Judicial Officer <judge narne> Sworn testimony has been given before the Judicial Officer by the following witnesses: COUNTY OF ANOKA STATE OF MINNESOTA State of Minnesota Plaintiff LAW ENFORCEMENT OFFICER RETURN OF SERVICE I hereby Certify and Return that I have served a copy of this VS. Summons upon the Defendant herein named. Alex James Shuda Signature of Authorized Service Agent: Defendant Mike lEirii°liescmiwi From: Bednar,Tammy <tbednar@916schools.org> Tuesday, May 16, 2017 5:43 AM ® Russell Koski; Steve King; D Love; Matthew Montain;Jeff Paar Mike Ericson Noise ordinance concern Hello, I'm contacting you regarding the city's noise ordinance as Alex's Lawn and Turf seems to not understand that they need to comply with the ordinance. I've contacted Ben Ericsson regarding this issue on numerous occasions, I've called Centennial Lakes Police on numerous occasions and yet we continue to hear their business working at all hours of the night. Today at 5:13am in the pouring rain I had to wake to the sounds of their company running their Bobcat back and forth in their lot.Yesterday,5/15/17 it was at 4:30am. The city has a noise ordinance for a reason and if residents were not following the ordinance,we would be held accountable but for some reason this doesn't apply to Alex's Lawn and Turf? I'm happy to continue to call Centennial Lakes Police and at some point I would hope they would receive a citation for not following the ordinance but given I have been complaining about this since last fall(2016), 1 get the feeling this isn't something you feel is relevant. I will continue to call Police,email and do whatever is necessary to see that the noise ordinance is enforced. No business should have ever been given a conditional use permit to run their business if they can't adhere to the noise ordinance policies in place,especially when they back up to a residential neighborhood that was well established before they took occupancy. I would like somebody to please contact me regarding this issue. I can be reached via email or on my cell phone at 651- 269-7838. Tammy Bednar Assistant Manager, Karner Blue Education Center,John Glenn ALP&Valley Crossing ALP Northeast Metro 916 Intermediate School District tbednar@916schools.org Phone 651-415-6201 (voice) Fax 651-415-6275 (fax) www.916schools.org Confidentiality Statement:This email and any attachments may be confidential or private data under state or federal law. Do not forward or share without the knowledge and/or consent of the sender. Tammy Bednar Assistant Manager, Karner Blue Education Center,John Glenn ALP&Valley Crossing ALP Northeast Metro 916 Intermediate School District tbednar@916schools.org Phone 651-415-6201 (voice) Fax 651-415-6275 (fax) 1 m n mum^uHawwaiuuuw.mm�mn'mmrcmm'mni'dwmnmu�i ,miau.mnnimimmmmmnmummmmuuuuuuu unnuC, 1880!malhe Strega,("amurpiffff"W9V SAW uuuuuwuuuwummw�mmnmuuuuuuuunnmuumwwwimimmwumu6mwu5HHm1wuum4muuuuu4m4wuMuunnmuu'uuuuuuouuuruuuunuuxwkwtmou& 11.42.946 V;57 May 17,2017 Alex's Lawn Care & Turf Attn: Alex Shuda 7087—20'h Avenue South Centerville, MN 55038 Dear Alex, I am writing you today in regards to continued noise complaints from your business. I spoke with a resident and the Police Chief yesterday about the continued complaint reports. Section §91.09 of the Centerville City code lays out the specific regulations on noise. I have attached the full text of Section §91.09 to this letter. An example, Section 90.09, A(3) states, "Loading, unloading, unpacking. No person shall create loud and excessive noise in loading, unloading or unpacking any vehicle between the hours of 10:00 PM and 7:00 AM." The terms of your Conditional Use Permit states that you will comply with the City Code. Number 3(m) of your permit states, "Limits on the noise emitted at the property line shall conform to the noise regulations contained in City Code Section 91.09 and the use is subject to other nuisance regulations contained in Chapter 91". I have also attached a full copy of your Conditional Use Permit. I want to continue to work with you to resolve this issue in a manner in which all sides are satisfied. Please contact me at 651-792-7931 or at incri ru. „ti„ W ' " :................................................. to discuss your plan for compliance. Thank you very much, Sincerely, �u Michael A. Ericson City Administrator Honorable Mayor Paar& City Council City Attorney Kurt Glazer shall,Chapter 429, if not paid,be assessed against the premises and certified to the County Auditor or certified i roM.S. 17. 91-09 PROHIBITED NOISE. (A)Prohibitions. The City Council finds within the city, certain loud, avoidable,unnatural and unnecessary noises, which under certain circumstances and conditions constitute a serious threat to the health, welfare, contentment and the feeling of well-being of the residents. Excessive noise degrades the environment of the city and the city has a substantial and,in some situations, compelling interest in controlling this noise. (1) General prohibition. (a) No person shall make or cause to be made any distinctly and loudly audible, continuous, objectionable noise due to intermittence, frequency,beat,shrillness or intensity that annoys, disturbs,injures or endangers the comfort,repose,health,peace,safety or welfare of any person or precludes his or her enjoyment of property or affects the property's value. (b) This general prohibition is not limited by the specific restriction of the following divisions. (2) Exhaust. No person shall discharge the exhaust or permit the discharge of the exhaust of any steam engine,stationary internal combustion engine,motor boat,motor vehicle or snowmobile except through a muffler or other device that effectively prevents loud or explosive noises there from and complies with all state laws and regulations. (3) Loading, unloading, unpacking. No person shall create loud and excessive noise in loading, unloading or unpacking any vehicle between the hours of 10:00 p.m. and 7:00 a.m. (4) Radios,phonographs,paging systems and the like. (a) No person shall use or operate or permit the use or operation of any radio receiving set, musical instrument,phonograph,paging system,machine or other device for the production or reproduction of sound in a distinct and loudly audible manner. (b) Operation of any such set,instrument,phonograph,machine or other device between the hours of 10:00 p.m. and 7:00 a.m. in a manner as to be plainly audible 50 feet from outside the property line of the structure or building in which it is located,in the hallway or apartment adjacent, or at a distance of 150 feet if the source is located outside a structure or building shall be prima facie evidence of a violation of this section. (c) These measurements and decibel readings will be taken per this section. (5) Participation in noisy parties or gathering. 87 1 Page (a) No person shall participate in any patty or other gathering of people giving rise to continuous noise, disturbing the peace, quiet or repose of another person, (b) When a police officer determines that a gathering is creating a noise disturbance,the officer may order all persons present,other than the owner or tenant of the premises where the disturbance iso to disperse immediately. (6) Loudspeakers, ampliftersfor advertising and the Ae. No person shall operate or permit the use or operation of any loudspeaker,sound amplifier or other device for the production or reproduction of sound on a street oro public place for the purpose of commercial advertising or attracting the attention of the public to any commercial establishment or vehicle. (7) Animals. Habitual barking or crying of animals as set forth in Chapter 90. (B)Hourly restriction on certain operations. (1) Recreational vehicles. Except as specifically authorized by the city,no person shall,between the hours of 10:00 p.m. and 7:00 a-m.,drive or operate any mini-bike/dirt bike, snowmobile or any other recreational vehicle not licensed for travel on public highways. (2) Domestic power equipment. No person shall operate a power lawn mower,hedge clipper, chain saw,mulcher,garden tiller, edger, drill or other similar domestic power maintenance equipment between the hours of 10:00 p.m. and 7:00 a.m. Snow removal equipment is exempt from this provision. (3) Refuse hauling. No person shall collect or remove garbage or refuse in any residential district between the hours of 10:00 p.m. and 7:00 am. (4) Construction activities. No person shall engage in or permit construction activities involving the use of hammers or the use of any kind of air-,electric-,diesel-or gas-powered machine or other power equipment between the hours of 10:00 p.m. and 7:00 am. (C)Enforcement. (1) Noise impact statements. The Council may require any person applying for a change in zoning classification or a permit or license for any structure,operation,process,installation or alteration, or project that may be considered a potential noise source to submit a noise impact statement. It shall evaluate each statement and take its evaluation into account in approving or disapproving the license or permit applied for or the zoning change requested. (2) Noise level table (a) The duration of sound hours will follow daylight savings time for both residential and commercial/industrial districts. 88 1 Page ) From the first Sunday in April tbrough the third Saturday or October the ho... will be from 7:00 am. to :10:00 p.m. and all other dates will adhere to the hours of 7:00 a. "to 9:00 P.M. SO N LE . LS Duration of Sound/District Daylight.11ours.. Overnight Hours- 7:00 a. - .-00/10:00 pmL 9.-00/:10.00 p. -7.00 a.nL FLidentiallMixed Use.° Less-than 10 Utes 80db 70db 9s than hours 75db 65db More Om 2 hours 70db 65db CommerdaVIndustriab Less than 10 minutes 85db 75db Less :ho 80db 70db More than 2 hours i 75db 70db NOTES TO TABLE: The limits of the most restrictive district shall apply at the boundariesbetween.different land, use designations and.mixed Use categories. ..e determination of land e shall be by its g designation. (3) Sounds exemptfrom noise level requirements. Sounds emanating from the operation of motor vehicles on public highways, aircraft and outdoor implements such as power lawnmowers,snow blowers,power hedge clippers,power saws,pile drivers,jackhammers and other construction equipment are exempt from the sound level requirements but shall observe the time restriction provisions of this division. (4) Exceptions for special events. The City Council shall have the authority,consistent with this section,to grant exceptions from the requirements of any division of this section for special events.Any person seeking an exception shall file an application at City Hall with the Administrator or his or her designee on a form prescribed by the city. The application shall state the dates during which the application is proposed,the location of the noise source and time of operation,the nature of the noise source,reasons why the exception is sought,steps taken to minimize the noise level and other information as is required by the city. (a) The city shall,within 30 days from the receipt of the application, approve or deny the application. The application will be presented to the City Council for consideration and may be approved only if the City Council finds that full compliance with the requirements of this section would constitute an unreasonable hardship on the applicant, on other persons or on the community. In determining whether to grant or deny the application,the City Council shall balance the hardship to the applicant against the 89 1 P a g e ' ct on the health, safety and welfare of the persons affected, the adverse impact on property affected, and any other adverse effects of granting the variance. The variance may be granted subject to conditions, including a time limit which shall be clearly stated. (b) If the city finds that sufficient controversy its regarding the proposed exception to the provisions of this section, apublic hearing will be held on the proposed application at which all persons affected shall be given an opportunity to be heard. (5) Exception for emergency work. Noise created exclusively in the performance of emergency work to preserve the public health,safety or welfare, or in the performance of emergency or necessary to restore a public service or eliminate a public hazard shall be exempt from the provisions of Us section for a period not to exceed 24 hours afler the work is commenced. Persons responsible for the work shall inform the Police DepartmentBuilding hispector and City Administrator of the need to initiate the work or,if the work is commenced during non- business hours of the city, at the beginning of business hours of the first business day thereafter. Any person responsible for this emergency work shall take all reasonable actions to minimize ®e amount of noise. Penalty, see § 91.99 Ord #49, adopted 0111011990, Ord. amended 0512212002, Ord amended 1211012003, Ord 2d#25, amended 1211012008 OPEN BURNING PURPOSE. The purpose of this subchapter is to establish permitted categories of open bum events for residences and farms within the city and provide for a permitting process for residential and agricultural open burning, except when the open burning is defined as a recreational fire as prescribed in this subchapter. Ord. #36A, adopted 0811011994 §91.21 DEFINITIONS. For the purpose of this subehapter,the following definitions shall apply unless the context clearly indicates or requires a different meaning. FIRE CHIEF,FIRE MARSHAL and ASSISTANTFIRE MARSHALS ThepjreCluef ,Fire Marshal and Assistant Fire Marshals of the Centennial Fire District which provides fire protection services to the city through a joint powers agreement. 90 1 P 6 g e Teresa Bender From: Mike Ericson Seat Thursday,February 23,201710:20 PM To: Paul Palter,Teresa Bender,Dan Schmitz cc James Coan;Pat Aldrich Subject+ Fw:Sharing concerns yet again All. Please share with staf Thanks. Mike E Sent firm my Verimn 4G LTE Snwrtphone Original message------ From:Bednar,Tammy Date:Thu,Feb 23,201710:54 PM To:Mike Ericson; Cc: Subject:Sharing concerns yet again Hello, I'm sending you an email yet again expressing my concerns with Alex's and the noise they continue to create at almost 9:50pm.As a company they have had all day to prepare for the pending weather and they wait until 9:50pm to run their Bobcats and load their trucks?If the noise continues after lOpm I will call the police again.How many mon instances will it take before something is done? You said the owner was going to personalty call and apologize,never happened.You said to let you know if the noise continues which I've done and continue to do without any resolution.Again if a resident wasn't following specific ordinance,they would be held accountable but how come the same standard doesn't apply in regards to this business?I will call you tomorrow and if needed Pin happy to meet in person to continue this conversation. Tammy Bodnar Assistant Manager,Karner Blue Education Center,John Glenn ALP&Valley Crossing ALP Northeast Metro 916 Intermediate School District tbednarCa916schools.org Phone 651415-6201 (voice) Fax 651415-6275 (fax) www.916schools.or-e Confidentiality Statement:This email and any attachments may be confidential or private data understate or federal law. Do not forward or share without the knowledge and/or consent of the sender. This email has been scanned by the Symantec Email Security cloud service. For more information please visit htty://www.symanteccloud.com 1 Teresa Bender Front Please Do Not Click Reply<support0govoffice com> sem Wednesday,February 01,2017 5:39 AM Ta. Teresa Bender Subject: Questions,Comments or Concerns(form)has been filled out on your site. Your Site has received new information through a form. Form:Questions,Comments or Concerns Site URL:www.centervillemn.com Name:Tammy Bednar Address:7068 Cottonwood Ct. Questions,concerns or comments:It's 5:30am and Alex's Landscaping has been on that Bobcat for over an hour again. I'm extremely frustrated as we continue to be impacted by the noise their company generates.I continue to call the non-emergency police line,they respond yet nothing gets resolved and they continue to disregard the noise ordinance. Please let me know what next steps are. Telephone number.(651)269-7838 Email Address:tbednarlORmail.com How would you like to be contacted?: Email Telephone Do Not Click Reply-This e-mail has been generated from a super form. This email has been scanned by the Symantec Email Securlty.cloud service. For more information please visit httn:/Iwww.symanteccloud.com i 1 Teresa Bender From Please Do Not Click Reply<support0govoffice.com> Sent Thursday,January 26,201710:38 AM To: Teresa Bender Subject: Questions,Comments or Concerns(form)has been filled out on your site. Your Site has received new Information through a form. Form:Questions,Comments or Concerns Site URI.:www.gentervillemn.com Name:Tammy Bednar Address:7068 Cottonwood Ct.,Centerville,MN 55038 Questions,concerns or comments:Hello, I am writing to express my frustration with Alex's lawn and Turf located in Centerville off of 20th Ave.When they moved into Centerville almost two years ago,they made promises to several residents on Cottonwood Ct.that as their new neighbors they would be respectful of the fact that their commercial business would be mindful of the fact that they backed up to a residential neighborhood.Sadly they have not upheld their end of the deal and in fad myself along with both of my kiddos are kept up late at night or awoken early In the morning due to the sounds Bobcats,backup beepers and the banging of tollgates on their commercial vehicles.I have called the police non-emergency line on several occasions most recently on January 3,2017 due to noise that was occurring after 11am and now again this morning,January 26,2017 when they were operating their Bobcat at 2:20am and as a result woke me up.My frustration is that they are not following the noise ordinances that are put In place and as a result we continue to be kept up late at night,woken up in the middle of the night or early in the morning(5-6am)as they don't appear to believe that those noise ordinances apply to them.As a tax paying resident of Centerville,I should not have to put this amount of effort In getting this resolved. Please let me know what next steps would look like to get this issue resolved.I'm sensitive to the city wanting to attract businesses however as a resident who is expected to follow city ordinances,those said businesses should have to do the some. Thank you, Tammy Bednar Telephone number:(651)269-7838 Email Address:tbednarl@amail.com How would you like to be contacted?: Email Telephone i Do Not Click Reply-This e-mail has been generated from a super form. This email has been scanned by the Symantec Email Security.cloud service. For more information please visit http://www.symanteccloud.com 1 Teresa Bender From: Tammy Bednar<ffiednar1@gmail.com> Sent Thursday,January 26,2017 12:20 PM To: Teresa Bender Subject Re:Nobe Complaint Thank you for your response. I have contacted them directly as well so hopefully these combined efforts will result in changes on their part. I can't say for sure as I couldn't give you exact dates/times but I know I have called police approximately 5 times so I would have to guess at some point they could be ticketed for not adhering to the noise ordinance. In one instance,I had an officer indicate to me that their business was considered commercial property and potentially they wouldn't be subject to the same noise ordinances that residents would be which I don't believe is true is it?There was also an incident where another Cottonwood Ct. resident called police as Alex's had been draining their oil into the pond behind our properties(fortunately the pond was frozen so the oil just sat on top of the ice)and the officer did walk out to see the oil and we did see Alex's staff cleaning up the oil after police were notified. It's just fivstrating that as a resident of Centerville we all are expected to adhere to the ordinances in place and then this commercial business continues their practices of not adhering to them.Thank you for your follow up,I appreciate your quick response. Tammy Bednar 651-269-7838 On Thu,Jan 26,2017 at 11:45 AM,Teresa Bender<TBenderla,centervillemn.com>wrote: Dear Ms.Bednar. Thank you for your recent email regarding issues that you have been having with Alex's Landscaping. Our normal procedure would be to forward to them a letter along with the City Code. They have the right to due process—giving them some time to conform. However,they should be very aware of the Code and especially being that you have contacted the PD previously. Alex's Landscaping is operating under a Conditional Use Permit and it should be noted that they are not following the regulations and upon the above continued violations would be taken into consideration by Council regarding their permit. Sincerely, �cr,Rra 'r.�dr� i Teresa Bender From: Please Do Not Click Reply<support@govoffice.com> Sena~ Friday,March 20,2015 2,04 PM To: Teresa Bender Subjet Questions,Comments or Concerns-Online Form(form)has been filled out on your site. Your Site has received new information through an online form. Online Form:Questions,Comments or Concerns-Online Form Site URL:www.centervillemn.com Name: Skipp Haseley Street Address, Including House Number: 7060 Cottonwood Court Questions/Concerns/Comments: I moved here a few years ago to a quite neighborhood on Cottonwood.The city of Centerville has just sold the land bordering my property to very loud landscaping company.They operate loud machinery almost constantly through out the day and into the evening.This has been disturbing and has begun to degrade the quality of life here. Is there anything I can do here or the city can do.I think it is unexceptionable to drop a loud landscaping company in the middle of a neighborhood. Telephone Number:: (651)303-6007 Email Address:: skipp.haselev0email.com This person selected the following option(s). -Do you desire to be contacted via Email? Do Not Click Reply-This e-mail has been generated from an online form. This email has been scanned by the Symantec Email Security.cloud service. For more information please visit http://www.symanteccloud.com Teresa Bender To: skipp.haseley@gmail.com Subject: 7087-20th Avenue South Attachments: Teresa Bender.vcf;2014-11-12 CUP Alex's Landscaping-Recorded.pdf Dear Mr.Haseley: Thank you for your recent email regarding the landscape firm that has recently purchased 7087-20h Avenue South, Centerville,MN 55038 and noises emitting from the site. In December, 2014 the City sold 7087—201h Avenue South to Alex's Landscaping. December 4,2012 the Planning&Zoning Commission held a public hearing to rezone this property from P-1 Public to 13- 1 Commercial and Council subsequently approved the zoning on December 12,2012. You or the residence received a copy of this public hearing notice. On October 21,2015 the Planning&Zoning Commission considered a plat for this property,Council subsequently approved it and you received a public hearing notice for the meeting. On November 18,2015 the Planning&Zoning Commission considered a Conditional Use Permit for the use of the property as a landscape company,Council subsequently approved it and you received a public hearing notice for the meeting. I have attached a copy of Alex's Landscaping Conditional Use Permit with their requirements that are in addition to the City's Code. All along 20th Avenue South abutting the rear of your property and your neighbor's is a Commercial(B-1)Zoning District and the opposing side of 20th Avenue South is Industrial(1-1)zoning. The City believes that with the owner's recent utilization of the property and eagerness to meet requirements of the Conditional Use Permit,noises that may be emitting from the property are outside of the normal business noise that you will encounter in the future. The business is in compliance with the levels being emitted between the hours of 7:00 a.m. and 10:00 p.m.at this time. The owner is currently installing an 8' privacy fence which will assist in the noises being muffled and the property does have the required berm installed on the rear of the parcel. The owner is also preparing to install an asphalt parking area along with bins for storage of wood chips/rock/etc.associated with the business operations. We apologize for the disturbances that you have been enduring,however,the business has met all required qualifications of the City's Comprehensive Plan and City Code regarding zoning and operating their business in the properly zoned zoning district. Please feel free to contact me with any additional concerns that you may encounter in the future. Sincerely, J.�gwmder 05130/2017 99:52 7637846682 CENTENNIALLAKES PD PAGE 61104 -POLY" DEPARDUNT 54 North RDad . o1 (763)'784-2501 FEZ: (763)784-0082 Fax ..mom: Dale: NumBer including CO-Per Sheet s Comme"nts.. . . i It , z 8=.L rmoavcd*isdommt e 05/30/2017 09:52 7637840082 CENTENNIALLAKES PD PAGE 02/04 W=17 00*" Contact Sheet A&WLLqjj0Mq ALE)(S LAWN AND TURF 7087 20TH AVE 8 CENTERNALLE, MN 55038 Phone 1: GSI-755-0877 Phone 2- Call Phone: CASE 9 DEPT DATE INV.TYPE OFFENSE DESCRIPTION CL 04/19/2017 OTHER COMPLAINTS- NOISE CV- PUBLIC NUI NCE-PROHIBITED NOISE M14= CL 03/0112017 OTHER COMPLAINTS- NOISE Fifter Contacts., All Anoka County Judsdictions v NNWAWDWSW,%W-Pcds,wgfCmtactsaspx?id=179dgS&3zCRMS 05/30/2017 09:52 7637840082 CENTENNTALLAKES PD PAGE03/04 Inci A Lmagan Rmdfm Contacts at 7087 20TH AVE, CENTERVILLE, MN 55038 5 results found ShOWFw�..A entries CASE# DEPT DATE INCIDENT TYPE Mum CL 04/19/2017 NOISE COMPLAINT 2101/1712017 Mum CL /1/1912016 SUSPICIOUS GA15301814 CL 12/27/2015 OPNACC off-n 9AM2=2 12/21/2015 MEDICAL Showing 1 to 5 of 5 entries PreviousIE Next hVs.,I&mwr.or.ww-pWo,orWL=aMaMiw,upx?1&3022Uowms=7067%220TH%2DAVE,%2DCENTERVIU-E%2DMN%2DWO38kouCRMS 111 05/30/2017 09:52 7637840082 CENT ENNIALLAKES PD PAGE 04/04 0=17 Imiderd Locdon R 14 Contacts at 7087 20TH AVE S, CENTERVILLE, MN 55038 4 msults found Show IKE entries Search- CASE# ' DEPT DATE INCIDENT TYPE CL 07/07/2016 NOISE COMPLAINT CL 0710712016 NOISE COMPLAINT C.. 1530CL 12/1812015 NSECOMP ([>.,ecfvn 5cap� GAI5300305 CL 11/12/2016 ALARM 1cuAd5C&p&Al) ShovAng 1 to 4 of 4 entries Previous m Next hIP:/AFDW$Grmw-Pode"gto=UonML-w.npx9ldm6l421&a&hss---7087%2=TH%20AVE%208,%.MENTERVILLE,%20MN%MSMMrar-CRMS 1/1 Teresa Bender From: Bednar, Tammy <tbednar@916schools.org> Sent: Thursday,June 14, 2018 7:42 AM To: Mark Statz Cc: Kurt B. Glaser; Teresa Bender Subject: Re: Continuing Concerns with Alex's Lawn and Turf Mark, Thank you for your quick response regarding our concerns. I would be happy to connect next week once you have had a chance to meet with their ownership regarding their CUP. I'm hoping there is a resolution as I understand the need for the City to retain businesses however the noise level this business generates affects residents here on Cottonwood Ct. in so many ways. I have not reached out to other residents over on Brian Dr. or Brian Ct. but I would have to guess they too are impacted by the noise level given the intensity and frequency of their actions. I look forward to hearing from you next week. Thank you, Tammy Bednar Assistant Manager, Pankalo Education Center Northeast Metro 916 Intermediate School District tbednar@916schools.or Phone 651-415-6301 (voice) Fax 651-415-6310 (fax) www.916schools.org Confidentiality Statement:This email and any attachments may be confidential or private data under state or federal law. Do not forward or share without the knowledge and/or consent of the sender. On Jun 13, 2018, at 5:50 PM, Mark Statz<MStatz@centervillemn.com>wrote: Tammy, Thanks for your email. I have been intending to review Alex's Conditional Use Permit with them for a month or two now. Your email is a good reminder of the importance of this task and gives me great information as to what you are experiencing as a resident. Further, I want to thank you for the respectful tone and thoughtful logic of your message. Let's touch base later next week after I have a chance to meet with Alex's ownership and discuss our concerns over compliance with their CUP. If you have more information or wish to discuss things in person, please feel free to stop by city hall or call me on my direct line at 651-792-7931 or cell phone at 651-775-5126. 1 have blind copied the City Council to this email so they are aware that I am following up on the matter. This also avoids the risk of violating the open meeting law when multiple councilmembers engage in an email chain. So, if you do not receive responses from Council,this may be why. 1 Thanks. Mark Statz, PE City Administrator/Engineer From: Bednar,Tammy [mailto:tbednar@916schools.org] Sent:Wednesday,June 13, 2018 5:30 PM To:Jeff Paar<JPaar@centervillemn.com>; Russ Koski <RKoski@centervillemn.com>; Steve King <SKing@centervillemn.com>; Darion Love<DLove@centervillemn.com>; Matt Montain <MMontain@centervillemn.com> Cc: Mark Statz<MStatz@centervillemn.com>; skipp.haseley@gmail.com; iillianderosa@gmail.com; br aanlisa4@comcast.net; ryan.bednar@hotmail.com Subject: Continuing Concerns with Alex's Lawn and Turf Hello, My name is Tammy Bednar and I am one of the homeowners on Cottonwood Court which backs up to Alex's Lawn and Turf. I have been sharing concerns regarding Alex's Lawn and Turf since the fall of 2016. After several months of complaints to the City of Centerville as well as phone calls to the Centennial Lakes Police Department we finally met with Mike Ericson, Russ Koski as well as Kurt Glaser last spring. We were told that there were actions that the City brought forth against Alex's Lawn and Turf. Per the copy of the complaint that was submitted to the State of Minnesota/County of Anoka, the City was bringing forth the following charges against Alex's Lawn and Turf/Alex Shuda: 1. Public Nuisance-Annoy/Injure/Endanger Safety 2. Prohibited Noise-General Prohibition A). Prohibitions. The City Council finds within the city, certain loud, avoidable unnatural and unnecessary noises, which under certain circumstances and Conditions constitute a serious threat to the health, welfare, contentment and the feeling of well-being of the residents. Excessive noise degrades the Environment of the city and city has a substantial and, in some situations, compelling interest in controlling the noise. (1) General prohibition. 2 (a) No person shall make or cause to be made any distinctly and loudly audible, continuous, objectionable noise due to intermittence, frequency, Beat, shrillness or intensity that annoys, disturbs, injures or endangers the comfort, repose, health, peace, safety or welfare of any person or Precludes his or her enjoyment of property or affects the property value. 3. Prohibited Noise-Loading, Unloading, Unpacking There was never any follow up as to what the outcome of the complaint was but the noise prior to 7am or after 10pm has decreased significantly. However the noise that occurs and the intensity of the noise after 7am and throughout the day, 7 days a week is still a concern. When I look at the second count listed above, the prohibitions indicated within the complaint clearly articulate our concerns related to the noise that occurs as a result of this business backing up to a residential neighborhood. Most days we are up prior to 7am however often times on the weekends we are not but due to the frequency and intensity of the noise from Alex's Lawn and Turf we are unable to sleep. The activities from this business literally cause our house to shake (due to the banging of the tailgate on the dump truck, loaders moving landscaping rock etc.) which can be quite unsettling. On several occasions we are not even able to sit outside and have conversations with others due to the frequency and intensity of the noise that their actions create. When the City approved the Conditional Use Permit in December 2014, there were several conditions however the one condition that currently is not in compliance is: Applicant shall be permitted to have up to ten bins, installed on asphalt or concrete surface, with open storage of landscape materials in conformance with the site plan 3 Per the attached photo that was taken on 6/11/18 they currently have 24 bins which is well above what was initially approved in the Conditional Use Permit. This business was portrayed to be a "lawn business" where they housed their lawn equipment such as trucks, trailers, lawnmowers etc. The business has changed and is now providing bulk landscaping supplies as well as a snow removal during the winter months which has created constant noise that is frequent and often consistent throughout the day, 7 days per week. This type of business does not belong near a residential neighborhood. Had this business existed prior to the residential neighborhood being built then I could somewhat understand the need to comply with their noise levels however our neighborhood was well established before this business existed. There needs to be a resolution to this problem. I am not the only homeowner who has these concerns and I look forward to hearing from you regarding next steps in resolving this issue. Thank you, Tammy Bednar Assistant Manager, Pankalo Education Center Northeast Metro 916 Intermediate School District tbednar@916schools.org 651-415-6301 (voice) 651-415-6310 (fax) www.916schools.org Confidentiality Statement: This email and any attachments may be confidential or private data under state or federal law. Do not forward or share without the knowledge and/or consent of the sender. 4 ",e- t e *ffe 7s µ,isht�d _ 651-=2932-32 19rar. x 42. =86Z9 April b,2017 Mr. Alex Shuda Alex's Lawn& Turf, LLC 7087—20'h Avenue South Centerville, MN 55038 Dear Mr. Shuda: It has been brought to the City's attention that you have a sign placed on your property which is a violation of City Code, please see the attached photo. There also is a current violation of your Conditional Use Permit which was granted to you in 2014. The City would like to extend an opportunity for you to schedule an appointment with Staff to discuss these issues. Administrator Ericson is currently out of the office but expected to return later next week. Please feel free to contact him to schedule this appointment. We look forward to working with you on the above stated issues. Sincerely, Teresa D. Bender City Clerk Cc: City Attorney Glaser Administrator Ericson Teresa Bender From: Teresa Bender Sent Thursday,April 06,2017 8:47 AM To: Kurt B.Glaser(kurtglaser@glaserlaw.net) Cc: Paul Palzer Subject: FW: Message from KM-C454e Attachments: SKM-C454e17040608420.pdf Dear Kurt. This sign appeared yesterday at Alex's. It has been brought to my attention that there is a brand new billboard near the new distribution center along 35E for Quarry Direct also. I have attached Alexs conditional use permit for your review. Is this not a violation even if Alex is operating this business? Council Alex bring in a cement business also as him being the owner of that one too? Recently Alex and his Father met with Mike,Charles and Paul regarding sign installation at his current business with Alex's Landscaping/Dream Scape on the sign and nothing was discussed about this business venture. The current CUP states no more than 10 bins®I see and count 15. This does not address that this is our water tower which brings its own safety concerns. They also have a we'b site: 1:I�gill Please call me. Teresa (JIB %��.1 T� �i � � �j �,, ��f�� I)�v,fY cif � `�; F,;. �L � 1 �: Ui� YY � r� IA% � .. i �ir � � X19 "� / � � ''f� �� l� i i ri" �. i, � �� !� � '1� 1' i ��' �' i t'�� "��' �°�D it �,^ r i � � �M� p o „%:, ,r �,. ry i o�. � f; �l � i �iii w�+, r i. I p f� 2 � r//�°r HH �; P� �, ��" r�qi � I 1 ��, i///;:. J I t�,. i�,%,, � v �, ��, �„, �' ��' i ��.- o�,� ,,,�., r. y „�,.,, �fell',„ i� ��..�, I �� i�' �� i r. ,� �, �; .. �� i um i I f ®, M2 YANDI&QUAlUtY 01PREir"T" WHOLESALE For Contractor Pricing, Please Call 651 -604-2600, Return Or Fill Out Our Contractor's Form. CONTRACTOR'S FORM Yard &Quarry Direct 7087 20th Ave South D 1:,R!t `CTjl k Centerville, MN 55038 Qu,,Aw��Sll� r I ij I D, CITY OF CENTERVILLE REQUEST FOR COMMISSION ACTION o; (e, Agenda Item# Department: Requested Meeting Date: Planning 9/4/18 TITLE OF ISSUE: 20th Avenue Mini Storage Concept Plan Review BACKGROUND AND SUPPLEMENTAL INFORMATION: Approximately a year ago, a concept plan was shown to the Planning and Zoning Commission for a proposed mini-storage use at 6965 20th Ave. S. The minutes from that meeting are attached hereto. The potential applicant has again requested an informal concept plan review for a similar proposal. The concept plan shows 4 mini-storage buildings on the site. The property is zoned B-1 and guided for Commercial use on the Future Land Use Map. Mini-storage is not allowed use in the B-1 district. Approving this proposal would require a Comprehensive Plan Amendment, Rezoning and Conditional Use Permit. 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Comprehensive Plan a. Stantec Proposal b. WSB & Associates Proposal C. Stantec Water Plan City Administrator Ericson presented the proposal from Stantec to update the City's Local Water Plan (LWP) at an amount of$24,000 which Council approved. The Commission reviewed the proposals from both Stantec and WSB & Associates. City Administrator Ericson stated that he had been working with Stantec for several months to revise the scope of services to reduce the fees. He noted that he has a fiduciary responsibility to the City and professionally requested a proposal from WSB & Associates who is completing Comprehensive Plans for a number of neighboring cities. Subsequent to thorough discussion the Commission agreed that the WSB & Associates proposal for $33,000 for the same work is significantly less than the $48,000 from Stantec. Motion by Commissioner Ganzel, seconded by Chair Mosher to Recommend to Council Acceptance of WSB's Proposal for the City's Comprehensive Plan at a Cost of $33,000 as presented. All in favor. Motion carried. 2. Concept Plan, Mini-Storage, 6965 —20t'Avenue South Mr. Mike Brass, Coliers and Mr. Ray Prubon presented a Concept Plan for a mini-storage facility on the Lessard property which he has listed. Mr. Don Hawkins from Eau Claire, WI was present and noted he has built many of these with his first at 19 years old. Mr. Prubon stated what businesses are allowed in the B-1 zoning district and this would be a low-profile, very quiet business adjacent to residential housing. He noted that they were meeting with Rice Creek Watershed District to discuss the wetland delineation issues. The landscaping would include spruce trees for screening and fencing for the six (6) buildings, 8,000 square feet which are well done and stone faced. Commission members asked a number of good questions for the development team. Commissioners agreed that it would e a good addition to the City and supported the Concept Plan. 3. Request for Parking Relief—Mr. Chad Wagner, 6781 Beaver Pond Way Mr. Chad Wagner requested that the Commission discuss the current City Code regulating on- street parking. Commissioners reviewed the map of the resident's neighborhood and noted the location of his home. After thorough discussion the Commission agreed to no modifications in Code and if short-term permits were needed the resident could apply. Page 2 of 3 CITY OF CENTERVILLE REQUEST FOR COMMISSION ACTION o; (e, Agenda Item# Department: Requested Meeting Date: Public Works/Administration 9/4/18 TITLE OF ISSUE: Water Connection Draft Ordinance and Policy BACKGROUND AND SUPPLEMENTAL INFORMATION: Current city code now requires that all homes be hooked to city water. However, this ordinance alone is not practical to enforce. Therefore, the City Council took action, about a year ago, directing staff to draft an ordinance which would eliminate the sunset date, which has now passed, to hook to city water, but rather, require hook-up, upon several trigger-actions: home sale, major home addition, failure of well. In time, these triggers along with voluntary hook-ups would gain full participation in the city's water system. The attached is the draft of that ordinance change as well as a practical policy/guide, outlining the specific logistics of enforcement. There are approximately 100 homes that have not hooked to city water. COST AND SOURCE(S) OF FUNDING: N/A REQUESTED ACTION: Motion to recommend approval of the draft ordinance and policy for water hook-ups. For Clerk's Use: SUPPORTED DOCUMENTS ATTACHED Motion By: Resolution Ordinance Contract Minutes Plan Map Second By: X X Vote Record: Ave Nay � ] Mosher Other(specify) Haiden Twohy Ganzel Broussard Vickers Refer to: Consent Tabled Until: Regular Other: WATER CONNECTION ORI NANCE, POLICY AND DISCLOSURE FORM—DRAFT VERSION 08/13/18 §51.00 PURPOSE. The purpose of this chapter is to establish minimum requirements for regulation and connection to the municipal water supply and waste water to protect public health and safety, groundwater quality and prevent or eliminate the development of public nuisances. It is intended to serve the best interests of the City's citizens by protecting its health, safety,general welfare, and natural resources. §51.01 DEFINITIONS. FALLS INTO DISREPAIR. A private water connection or private sewer"falls into disrepair" when it fails, creates a nuisance or health hazard, or the cost repair to same exceeds$1500.00.The necessity to bore a new or replacement well is a condition where the private water connection "falls into disrepair." MUNICIAPAL WATER AND WASTE WATER SEWER CONNECTION or "MWWWSC". MUNICIAPAL WATER (aka Public Water Connection) PRIVATE WATER OR PUBLIC WATER CONNECTION. (aka Private water system)Where the water supply to a structure is from a source other than the municipal water supply. SEWER SYSTEMS—Sanitary Sewer&Storm Sewer or Strom Drain found in 51.10. "Move definitions from 51.10 to 51.01. Plus, Code needs a reference for"PUBLIC SEWER" EXISTING§51.08 MANDATORY CONNECTION TO PUBLIC SYSTEMS-TO BE REPLACED BY 51.200 §51.200 MANDATORY CONNECTION TO PUBLIC SYSTEMS (A) It is unlawful for any person to install a private water system which is intended to provide water for human consumption or a private sewer system in the city except in cases where the public water or sewer systems are not accessible to the premises where the private systems are requested.To determine whether or not the public water and/or sewer systems are available for connection, each person or corporation desiring to install a private water or sewer system must first make application for connection to a public system. Upon determination by the city that it is not feasible to connect the applicant's premises to the public water or sewer system, then the applicant shall be granted a permit to install a private water and/or sewer system in accordance with all appropriate state and local regulations and subject to an agreement with the city recognizing the temporary nature of the private system. (B)Notwithstanding the other provisions of this chapter,property served by a private water connection or private sewer system shall immediately connect to public sewer and public water whenever a private sewer or private water connection falls into disrepair. (C) All property served by private sewer systems must connect to municipal sewer within 12 months of when it is made available and if municipal sewer is available to properties not connected on WATER CONNECTION ORI NANCE, POLICY AND DISCLOSURE FORM—DRAFT VERSION 08/13/18 the effective date of this ordinance, the property must abandon the private system and connect to municipal sewer no later than 12-31-2012. (D)All property served by private water and sewer systems must connect to public water and public sewer, if a public services are available to serve the property:1)upon sale or transfer of ownership of a parcel with a principal structure, or 2)upon expanding the structure square footage by 33%or more, or 3)upon issuance of a building permit that increases the value of a home by$10,000 or more. §51.201 TRANSFER OF PROPERTIES. (A) Whenever a conveyance of land occurs, the following requirements shall be met: (1)The seller of the property is responsible for providing a completed City of Centerville point of sale certificate, with any required attachments, to the buyer at or before closing.These documents shall provide the status and location of all known private water or sewer connections and components thereof on the property and, if applicable,the requirements for bringing the dwelling or other structure into compliance with this chapter; (2)The buyer is responsible to file the City of Centerville point of sale certificate, and required attachments, along with the certificate of real estate value at the County Auditor's Office; and (3) If the seller fails to provide a certificate of compliance, sufficient security must be established in the form of an escrow account to assure the installation of connections to the public water and sewer.The security, in the amount set forth in the City of Centerville Fee Schedule, shall be placed in an escrow with the City, a licensed real estate closer, licensed attorney-at-law, or federal or state chartered financial institution. Connecting to public water and sewer must be installed within the time frame established in §§52.199.After connecting to public water and sewer and a certificate of compliance issued, the escrow may be released. [SHOULD WE CREATE AN OPTION TO RELEASE PAYMENTS TO CONTRACTORS?] (B)The compliance with this chapter is not required if the sale or transfer involves one of the following circumstances: (1) Dwellings or other structures connected to a municipal water supply system and municipal wastewater sewer; (2) Dwellings or other structures where a connection to a municipal water supply system or municipal wastewater sewer is not available; (3)Tract of land is vacant or contains no structures with plumbing fixtures; (4)The existing dwelling or other structure with plumbing has been abandoned per§52.058. (Compliance by filing a certificate of plumbing abandonment with the City.); (5)The transfer does not require the filing of a certificate of real estate value, as described in M.S. § 272.115;1 1 These are generally non-monetary transfers. For example,transferring property from personal ownership into a trust,or gifting your property to certain family members. WATER CONNECTION ORI NANCE, POLICY AND DISCLOSURE FORM—DRAFT VERSION 08/13/18 (6)The transfer is a foreclosure or tax forfeiture.This subsection applies only for the transfer from the original mortgagee, to the financial/lending institution or local unit of government.The subsequent transfer shall meet the requirements of this chapter; (7)A refinance of a property; (8)The sale or transfer is to the seller's spouse or ex-spouse only.The sale or transfer may be by deed, through a joint tenancy, of a testamentary nature, or by trust document; ore (9)The sale or transfer completes a contract for deed or purchase agreement entered into prior to [INSERT DATE OF ORDINANCE ADPOTION, HERE]. This division applies only to the original vendor and vendee on such a contra Ct.3 §51.205 DEADLINES FOR COMPLIANCE (A) Connection to public water and sewer must be completed within four months of a property transfer or building permits subject to this chapter unless an extension is approved by the City in writing. (B)All property transfers and building permits issued subject to this chapter occurring during the period between November 1st and April 30th, where dwellings or other structures on a parcel cannot connect to public water and sewer due to frozen soil conditions, shall have an escrow account established pursuant to the City of Centerville Fee Schedule. The structures on the parcel shall be brought into compliance within ten months from the date of property transfer or date a building permit is issued. ENFORCEMENT §51.210 NOTICE OF VIOLATION. The City is authorized to serve, in person or by mail, a notice of violation to any person determined to be violating provisions of this chapter.The notice of violation may contain: (A)A statement documenting the findings of fact determined through observations, inspections, or investigations; (B)A list of specific violation(s) of this chapter; (C) Specific requirements for correction or removal of the specified violation(s); and/or (D)A mandatory time schedule for correction, removal, and compliance with this chapter. §51.211 CEASE AND DESIST ORDERS. Cease and desist orders may be issued when the City has probable cause that an activity regulated by this, or any other provision of this chapter, is being, or has been conducted without a building or construction permit, or in violation of a building or construction permit. When work has been stopped by a cease and desist order,the work shall not resume until the reason z This type of transfer generally occurs by a will or trust,or during divorce proceedings. 3 Contracts for Deed don't ripen into a transfer until the contract is paid off over a number of years.All new transfers by a Contract for Deed occurring after adopting these Ordinance changes are subject to these rules. Contract for Deed before that date would not be subject to these Ordinance changes. WATER CONNECTION ORI NANCE, POLICY AND DISCLOSURE FORM—DRAFT VERSION 08/13/18 for the work stoppage has been completely satisfied, any administrative fees paid and the cease and desist order lifted. §51.212 CIVIL REMEDIES. In the event of a violation or a threat of a violation of this chapter, the city may institute appropriate civil actions or proceedings, including injunctive relief,to prevent, restrain, correct, or abate such violations or threat of violations.The city may recover costs incurred for corrective action in a civil action in any court of competent jurisdiction, and such costs may be certified by court order to the County Auditor as a special tax against the real property.These and other remedies, as determined appropriate by the city, may be imposed upon the property owner, permittee, licensed installer, or other responsible person, either in addition to or separate from other enforcement actions. §51.213 INTERPRETATION. In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements and shall be liberally construed in favor of the city, and shall not be deemed a limitation or repeal of any other powers granted by Minnesota Statutes. §51.214 FAILURE TO COMPLY- RESPONSIBLE PARTY. Should the seller fail to disclose the conditions required by this chapter to the buyer, and neither party established an escrow account, the buyer of the property becomes wholly responsible and shall certify compliance to the City as to the conditions required by this chapter within 30 days of the property transfer or have the dwelling or other structure brought into compliance within 90 days of the property transfer. In the event of failure to comply, the seller remains criminally liable for failing to comply with the requirements of this chapter. §51.999 PENALTY. Any person, firm, agent, or corporation who violates any of the provisions of this chapter, or who fails, neglects, or refuses to comply with the provisions of this chapter, including violations of conditions and safeguards, or who knowingly makes any material false statement, or knowing omission in any document required to be submitted under the provisions hereof, shall be guilty of a misdemeanor and upon conviction thereof, shall be punishable as defined by Minnesota State Statutes. Each day that a violation exists shall constitute a separate offense.These penalties are independent of those penalties set forth in §51.34. OTHER CHANGES Connection Policy(Outline) 1. Payment of Connection Costs and Fees a. City to offer payment by Special Assessment i. Party to sign Waiver and Agreement for Special Assessment 2. Escrow(from a Seller or Financing Party) a. Held by 3rd Party b. Held by City 3. Process WATER CONNECTION ORI NANCE, POLICY AND DISCLOSURE FORM—DRAFT VERSION 08/13/18 a. Escrow funds for the connection to public water and sewer must be established prior to the sale and be in accordance with the following: i. A copy of the escrow agreement and this disclosure form must be submitted to Centerville City Clerk. ii. The escrow agreement must list the City of Centerville as having the "release authority' of the escrow monies. iii. An attorney,title company, or bank are the accepted agencies for holding the monies in escrow. iv. The required amount of money to be held in escrow must be $15,000 or 150% of the estimated cost,whichever is greater. Attach a copy of the estimate and escrow agreement to this form for closing. v. The original copy of this Property Transfer Disclosure Form along with any required attachments must be filed with the Anoka County Auditor at the time of recording a property transfer. City Fee Schedule Escrow for connection to public water and sewer is the greater of either$15,000 or 150%of a bonafide estimate. Water&Sewer Connection - Property Transfer Disclosure Form (rough draft) Property Information PID Number(s): Address of Property: Seller's Name: Seller's Address: Buyer's Name: Buyer's Address: Indicate which condition applies to this transfer 1. The parcel is attached to public sewer and water, and all connection fees have been paid. 2. Any of the following exist: a. The parcel is not attached to public water b. The parcel is not attached to public sewer WATER CONNECTION ORI NANCE, POLICY AND DISCLOSURE FORM—DRAFT VERSION 08/13/18 C. A connection fee has not been paid for the above services. 3. A connection to the municipal water supply is available. 4. A connection to the municipal water supply is not available. a. An escrow agreement must be established and attached. b. Or, the transfer fits into one of the exemptions requiring connection to public water or sewer. Exemptions Yes No 1. Is the tract of land vacant (without buildings) or contains no structures with plumbing fixtures? 2. Is the transfer exempt from the requirement of filing a Certificate of Real Estate Value with the County Auditor, as described in Minnesota Statutes, section 272.115? 3. Is the transfer a foreclosure or tax forfeiture?(This subsection applies only for the transfer from the original mortgagee, to the financial/lending institution or Local Unit of Government. The subsequent transfer shall meet the requirements of this Chapter.) 4. Is the transfer a refinance of the property? 5. Is the sale or transfer to the seller's spouse or ex-spouse? (The sale or transfer may be by deed, through a joint tenancy, of a testamentary nature, or by trust document.) 6. Does the sale or transfer complete a contract for deed or purchase agreement entered into prior to [DATE ORDINANCE IS ENACTED IN] 2018? (This subsection applies only to the original vendor and vendee on such a contract.) Signatures (Required by all parties in all cases.) Date: Seller(s): Date: Buyer(s): Date: Closer(s): Closing Agent's Name Printed, Signature, and Company Name WATER CONNECTION ORI NANCE, POLICY AND DISCLOSURE FORM—DRAFT VERSION 08/13/18 *Escrow funds for the connection to public water and sewer must be established prior to the sale and be in accordance with the following: 1. A copy of the escrow agreement and this disclosure form must be submitted to Centerville City Clerk. 2.The escrow agreement must list the City of Centerville as having the "release authority' of the escrow monies. 3. An attorney,title company, or bank are the accepted agencies for holding the monies in escrow. 4.The required amount of money to be held in escrow must be$15,000 or 150%of the estimated cost, whichever is greater. Attach a copy of the estimate and escrow agreement to this form for closing. 5.The original copy of this Property Transfer Disclosure Form along with any required attachments must be filed with the Anoka County Auditor at the time of recording a property transfer. NON, €� gas w 3a a ,r,e �o u. s \16d } m\ NNI mi \\mm v m mO rWmom on NN µ d �e O e ` xvo C �e r h4. n / y�V I' E ee eoe j _..� , , v MlWO�err.. � \ \0 g%IN \ \ X10\\ \O\\ Po INN Nk' l\)'il R NN W G s o IA � T is Aa a z a AN a 3 \�; u y SINS J � bra r�F c w ®0 3 vommmkot o I IR gas JI �Lt 411 60 S m � 4 1 � : p o � , I t v } s . I - �� %OO , y r , - e N f L i �Po 'I/�//l� fir, � s e a I r l vov iG sa" Y p o r e i .9Mwm�r re.3 1*1 �'a Nfi pyo we. 5 , +1 V) l I oil y 1 f* Cry J ®o . � w w CITY OF CENTERVILLE PLANNING AND ZONING COMMISSION Pursuant to due call and notice thereof, the Planning and Zoning Commission held its regula meeting on Tuesday July 31 2018 at 6:30 p.m. D @� Q PRESENT: Chairperson Darrin Mosher Commissioner Linda Broussard Vickers Commissioner Mark Haiden Commissioner Kim Ganzel Commissioner Darrell (DJ) Olson, Jr. ABSENT: Commissioner Nick Twohy Commissioner Ben Fehrenbacher STAFF: City Administrator/Engineer Mark Statz City Planner Beth Elliot(Stantec) OTHERS PRESENT: City Council Liaison Russ Koski L CALL TO ORDER. The meeting was called to order at 6:31 p.m. by Chair Mosher. 1. Roll Call a. Twohy and Fehrenbacher absent II. PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA Motion by Commissioner Broussard Vickers, seconded by Commissioner Mosher to Approve the Agenda as presented. All in favor. Motion carried. IV. AWARDS, PRESENTATIONS,APPEARANCES 1. Informal Review, 1721 Heritage Street—Fence Location The following item was handled after New Business: Mr. Ed Szulim of 1721 Heritage Street appeared before the Commission for an informal review of a proposed fence. He made an appearance last meeting as well. Mr. Szulim's lot is unusual because it is on a corner, with the home facing the long side of the lot, not the narrower side. This leaves him with nearly no backyard whatsoever. The side yard to his west is spacious enough for a fenced-in area but code does not allow this. Mr. Szulim was seeking the Commissions informal thoughts on what could be done to achieve his goals of having a reasonable fenced-in area. The Commission understood his plight and thought the use seemed reasonable, but had mixed thoughts on whether or not the situation would lend itself to a variance. Page 1 of 5 City of Centerville Planning and Zoning Commission July 31,2018 Mr. Szulim was told that a fence could be placed in an east-west direction across his property from a point 10' back from the front of his home. The commission is interested in reviewing this portion of the code, but at this time, it is all that is allowed. V. PUBLIC HEARING/INPUT 1. Old Mill Estates Mr. Todd Christianson and Jim MacKinnon have submitted an application for Preliminary Plat, Rezoning and a Conditional Use Permit for a Planned Unit Development. The preliminary plat contains 34 single family lots and is proposed for an R2A zoning on two, contiguous 10 acre parcels owned by Mr. Fischer and Ms. Fruth, respectively. Administrator Statz gave an overview of the application along with Staff's recommendation that action on the plat be tabled to allow the developer to redesign his plat with a more interconnected street network. Mr. Statz showed a concept of such a design, drafted by the city's planning consultant. Additionally, a hand-out was distributed and read through, outlining the sections of the city code and comprehensive plan which supported staff's position. Chairman Mosher asked the applicant to give an opening statement. Mr. Christianson stated the reasons for the design of his proposed plat and explained how he felt staff's concerns could be addressed through the addition of trails and sidewalks. He also expressed that their engineers had tried several layouts similar to the one drawn by the planners, but they all resulted in the loss of at least one lot, if not two. With the loss of one or two lots and an additional 300 feet of street required by the alternate layout, it made the economics of the development untenable. Further, in looking at the connecting road, Mr. Christianson did not see why anyone would use it except for the rare inter-neighborhood trips, most of which are within walking distance anyway. Mr. Christianson was asked about the estimated home values he thought would be built and stated that he expected them to be approximately $500,000. Chairman Mosher opened the Public Hearing for a Preliminary Plat, Rezoning and Conditional Use Permit for a Planned Unit Development for Old Mill Estates at 7:15 D.M. The following people addressed the commission during the public hearing: Cathy Fruth —7384 Old Mill Road: Mrs. Fruth stated she is one of the landowners selling to the developer and supports the layout as presented and doesn't see a need for the additional road connecting streets A and B, proposed by the planner. She is a long time resident of Centerville and has plans to move out of state. Fred Fischer—7396 Old Mill Road: Mr. Fischer stated that he is the other property owner selling to the developer. He has also been a long time resident and has enjoyed living in the community. He is in support of the proposed development. Page 2 of 5 City of Centerville Planning and Zoning Commission July 31,2018 Mark Cunningham — 1853 Revoir Street: Mr. Cunningham is the second to last lot on Revoir Street. He reminded the commission that this neighborhood is the only R5-zoned development in the city. He does not wish to have two backyard neighbors and prefers that lot lines of the new homes line up with those on his block. Mr. Cunningham enjoys living on a dead end and has concerns with the landscaping and drainage in his and other neighboring backyards. Having larger homes that sit several feet higher than the ones along Revoir also concerns Mr. Cunningham, in that they will be the dominant feature on the landscape and will "all that [they] see". Mr. Cunningham approached the podium a second time to ask if the higher valuation of the new homes would drive his value up and therefore raise his taxes. Administrator Statz said that if his valuation went up, his taxes would go up since property taxes are based on valuation. Mr. Cunningham again spoke, asking if the rezoning was "spot zoning"because their R5 is the only one in the area. Planner Beth Elliot explained that the rezoning was not "spot zoning" because all of the zoning in the area was low density residential and fit within the context of the neighborhood and was consistent with the comprehensive plan. Mary Franzen — 1845 Revoir Street: Ms. Franzen was concerned with drainage coming from the new development, into her backyard. Administrator/Engineer Statz showed the grading plan on the screen and explained the existing and proposed drainage patterns. He explained that in a 100 year rainfall, water would come from the proposed development, via an emergency overflow (EOF) route, into her backyard. Her backyard has a storm drain and should also have an overland EOF. The city intends to do an audit of EOFs around the city and would work with the developer to ensure that the one serving her backyard is checked before approval of this development. Jodi West — 1825 Revoir Street: Ms. West also had drainage concerns along the south edge of the new development and in the back yards of those along Revoir. She would also like to see the new development be zoned R-5 to match their development. BJ Ison —7375 Old Mill Road: Mr. Ison had concerns about connectivity of the roadway network. He also wondered if the southern of the two roads could end in a cul-de-sac at the west end, to eliminate a connection to Old Mill Road. He is concerned with headlights shining in his windows from the new road. Nick Jones — 7379 Old Mill Road: Mr. Jones shared Mr. Ison's concerns and asked if there would be any assessments to adjacent properties. Administrator Statz stated that there were no proposed assessments associated with this development. Page 3 of 5 City of Centerville Planning and Zoning Commission July 31,2018 Motion by Commissioner Broussard Vickers, seconded by Commissioner Haiden to close the public hearing. All in favor. Motion carried. The Public Hearing was closed at 8:05. VI. OLD BUSINESS 1. None VII. NEW BUSINESS 1. Old Mill Estates a. Preliminary Plat b. Conditional Use Permit for a Planned Unit Development c. Rezoning (R1 to R2A) Discussion among the commission ensued. Commissioners did not favor the interior connecting road layout proposed by the planners. They felt that the addition of trails and sidewalks could serve the purpose of connecting the neighborhood and giving access to the park. Consensus was also that the layout, as presented, was reasonable. The commission discussed issues with private roads and eventually proposed that the private road be made public, and that it be ended in a cul-de-sac, connecting to Street B, with the connection to Street A being eliminated. This change, would allow conforming lots in the eastern portion of the plat and would eliminate the need for a PUD. Motion by Commissioner Broussard Vickers, seconded by Commissioner Haiden, to recommend approval of the Preliminary Plat and rezoning, as presented with the following conditions. 1. a. Sidewalks shall be included on the east side of Old Mill Road from the existing sidewalk to the south and the property's northern site boundary, on the south side of Street A, and on the north side of Street B. 2. The proposed private road in the eastern portion of the development shall be public and meet the requirements of a public road. The section of private roadway to the north that meets the Street A cul-de-sac shall be eliminated with a new cul-de-sac. The new public road shall accommodate any lots that conform to zoning and other applicable standards. 3. The developer shall work with the City Engineer to evaluate the water drainage system along the southern site boundary for potential impacts to adiacent residential backyards. 4. The development shall include a trail as proposed in Concept B as shown in the Planning & Zoning Commission meeting on July 31, 2018. The trail shall connect Street A to Street B and extend on the east side of Street B to the connection with Revoir Street and Acorn Creek. 5. The rezoning from R1 to R2A is contingent on approval of the development's Final Plat. All in favor. Motion carried. Page 4 of 5 City of Centerville Planning and Zoning Commission July 31,2018 2. Consider Code Amendment to Chapter 153.2 (Street) After a brief discussion, no action was taken. Staff was directed to come back with more information and more comprehensive ordinance changes. Item tabled. 3. Consider Code Amendment to Chapter 156.122 (Yards) After a brief discussion, no action was taken. Staff was directed to come back with more information and more comprehensive ordinance changes. Item tabled. VIII. APPROVAL OF MINUTES 1. Planning & Zoning Commission June 5, 2018 Meeting Minutes No changes were noted. Motion by Commissioner Broussard Vickers, seconded by Commissioner Haiden, to recommend approval of the June 5, 2018 P&Z Minutes. All in favor. Motion carried. 2. Planning & Zoning Commission July 10, 2018 Meeting Minutes No changes were noted. Motion by Commissioner Broussard Vickers, seconded by Commissioner Haiden, to recommend approval of the July 10, 2018 P&Z Minutes. All in favor. Motion carried. IX. Announcements and Updates Council Liaison Koski thanked the Planning and Zoning Commission for its hard work. X. ADJOURNMENT Motion by Commissioner Broussard Vickers, seconded by Commissioner Haiden, to adiourn the meeting at 8:45 PM. All in favor. Motion carried. 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