HomeMy WebLinkAbout2021-09-17 P & Z Packet
CITY OF CENTERVILLE
PLANNING AND ZONING COMMISSION
MEETING AGENDA
Tuesday, September 7, 2021
6:30 p.m.
Meeting is being held in-person!
Centerville City Hall
1880 Main Street
Centerville, MN 55038
Or you may join via
Videoconference links available at:
www.centervillemn.com
I. CALL TO ORDER
1. Roll Call
II. PLEDGE OF ALLEGIANCE
III. APPROVAL OF AGENDA
IV. PUBLIC HEARINGS (6:30 PM or shortly thereafter)
1. regulation of soft-sided dumpster bags
2.
shops
3. fications to fence placement related to
the front of the home
V. AWARDS, PRESENTATIONS, APPEARANCES
1. None
VI. OLD BUSINESS
1. Outdoor Storage in Residential Districts
VII. NEW BUSINESS
1. regulation of soft-sided dumpster bags
2.
shops
3. fications to fence placement related to
the front of the home
VIII.APPROVAL OF MINUTES
1. March 2, 2021 Planning & Zoning Commission Meeting Minutes
2. July 13, 2021 Planning & Zoning Commission Meeting Minutes
3. August 10, 2021 Planning & Zoning Commission Meeting Minutes
IX. ANNOUNCEMENTS/UPDATES
1. Council Member Liaison
2.
X. ADJOURNMENT
INFORMATION
None
REMINDERS
All meetings are now being held in person at City Hall.
Meetings may be live-streamed at https://northmetrotv.com/centerville-stream/ or you may
join the meeting via Zoom Video Conference. Links for the video conference may be found
www.centervillemn.com in the calendar tab.
All meetings begin at 6:30 PM unless otherwise noted.
Planning & Zoning Commission
CITY OF CENTERVILLE
NOTICE OF SCHEDULED PUBLIC HEARING OF THE PLANNING & ZONING
COMMISSION TO CONSIDER AMENDMENTS TO CHAPTER 50 (GARBAGE &
RUBBISH); CHAPTER 156, §156.102 (HOME OCCUPATIONS) & §156.1111 (FENCES)
NOTICE IS HEREBY GIVEN, that the Planning & Zoning Commission of the City of
Centerville will be holding a Public Hearing to consider the amendments to the above Chapters
and sections of the City Code on Tuesday, September 7, 2021 at 6:30 p.m. or shortly thereafter.
The meeting will be held in Council Chambers of the Centerville City Hall, located at 1880 Main
Street, Centerville, MN 55038. The purpose of the meeting is to obtain public input regarding
the proposed language modifications to the City Code.
You may call City Hall (651) 429-3232 or email mstatz@centervillemn.com or
tbender@centervillemn.com if you have any questions or concerns regarding this matter. A copy
of the proposed amendments will be available for inspection at City Hall and the meeting is open
to the public. If you are unable to attend the Public Hearing, written comments are welcome and
will be accepted until 12:00 p.m. the Friday prior to the meeting date.
In accordance with the Americans With Disability Act, a hearing-impaired individual(s), wishing
to attend the Public Hearing may request a sign language translator by contacting City Hall at
(651) 429-3232 within one week prior to the scheduled public hearing.
Published in the Quad Community Press on August 24, 2021
Teresa Bender, City Clerk
CITY OF CENTERVILLEREQUEST
FOR ACTION
Agenda Item # Department: RequestedMeetingDate:
September 7, 2021
Planning and Zoning
VI.1
TITLE OF ISSUE:
Outdoor Storage in Residential Districts
BACKGROUND AND SUPPLEMENTAL INFORMATION:
On the advice of the city attorney, staff is requesting that the Planning Commission call for another public
hearing on this item, given that it has been more than a year since the first public hearing.
Much work has been done to refine the proposed ordinance changes. Staff would encourage further discussion
on just a few issues.
1.) Storage in side yards (setbacks)
2.) "Grandfather" permits
COST AND SOURCE(S) OF FUNDING:
N/A
REQUESTED ACTION:
Motion to to call for a Public Hearing on proposed changes to city code related to outdoor storage in residential
districts.
SUPPORTED DOCUMENTS ATTACHED
Motion By: ____________________________________
Resolution Ordinance Contract Minutes Plan Map
Second By: ____________________________________
X
Vote Record: Aye Nay
_____
_____
Staff memo on neighboring city regs
Other (specify) ____________
_____ _____
_____ _____
Storage Graphic, Draft Ordinance with commentary
_______________________________________________________________
_____ _____
_____
_____ _______________________________________________________________
_____
_____
_____
Refer to: _________________________________
Tabled Until: ______________________________
Consent
Other: ___________________________________
Regular
TO: City Administrator Statz
FROM: City Clerk Bender
SUBJECT: Vehicle/Outside Storage
DATE: August 23, 2021
Yard) Parking of licensed and operable vehicles,
paved driveways only. (Side Yard) Licensed and operable cars,
district). (Rear Yard on grass) Limited to recreational vehicles that are currently licensed and
oppers) and one passenger sized collector vehicle, as defined by
state statute. The collector vehicle must be licensed, appear operable, and screened from all
sides by six (6) foot high 100% opaque fence (fence permit is required). The collector vehicle
may not be stored in rear yard for more than two (2) years. All vehicles parked in rear yard must
meet required driveway setbacks. (Rear Yard on driveway) Passenger vehicle parking is
permitted in a rear yard if a paved driveway extends to a detached garage that serves as the sole
garage for the residence. Vehicles may not be stored off the paved surface. (Provided Diagram).
No vehicles in excess of 12,000 lbs. (GVW) are permitted in residential areas.
Vehicles and Equipment in Residential Zones.
Vehicles must be parked on an approved impervious surface but not within two feet of a side or
front property line. Parking vehicles on landscaped areas is prohibited.
in the front yard, provided it is kept on an
established driveway. Large Recreational Vehicles may be stored in the driveway and rear yard
no closer than five feet from rear lot line, five feet from side lot line and not located within a
drainage or utility easement. In case of a corner lot, large recreational equipment may be stored
on the side of an attached or detached garage adjacent to a public street, but shall be located at
ecreational equipment may be parked in the side
yard abutting an attached or detached garage, provided the area is surfaced with asphalt,
concrete, or crushed decorative rock. If area is all defined, not closer than five feet from side lot
line. If the surface is decorative crushed rock, the surface shall be no closer than one foot from
the side lot line. Parking or storage of large recreational equipment on the side yard abutting the
principal building is prohibited.
No vehicles in excess of 9,200 lbs. are permitted in residential areas.
ed boat trailers, unoccupied trailers with a
maximum gross weight of 3,000 pounds and recreational camping vehicles as defined in Section
9.03 of this code, are permissible in the following least 10 feet from the
least 5 feet from side property lin
from the back curb line on a driveway surface. All trailers stored pursuant to this section may
not be used to store materials and equipment on or about the trailer, with the exception that boat
trailers may store a boat intended for use with the trailer.
es, including cars, pickup trucks, vans and
motorcycles may be parked on a residential or rural property provided that they are parked on an
appropriate surface in compliance with Section 1007.044(3)(h)16. They are operable and
appropriately licensed at all times that they are parked outside, setback a minimum of five feet
from side and rear property lines, except if shared driveway previously approved. When parked
in the front yard or corner side yard of a property, they are parked on a designated driveway or
parking area. Recreation Vehicles and Trailers may be parked or stored on residential site if
registered to or rented by resident of dwelling. Must have current registration and license plates.
Vehicles are stored no closer than five (5) feet from side and rear lot lines. Vehicles located
within front yard areas are confined to driveway/parking surfaces. All front yard storage comply
with the following setbacks from street curb and pavement lines: Major Ar
MEMORANDUM
TO: PLANNING & ZONING COMMISSION
FROM: KURT GLASER & PHIL CARLSON
SUBJECT: RESIDENTIAL OUTSIDE STORAGE
DATE: 9/2/2021
CC: MARK STATZ
WORKING VERSION FOR PLANNING AND ZONING COMMISSION
§ 156.144 OTHER STANDARDS
(M) Outside storage. All products, materials, and equipment, except as specifically
provided in this chapter, shall be stored within a permitted structure.
(1) Residential districts. The conditions in this section shall apply in R-1, R-2, R-2A,
R-4, and R-5 zoning districts, they shall not apply in R-3, M-1, or M-2 zoning
districts.
(a) Permitted areas for outside storage:
a. Permitted Areas Of Outside Storage. Outside storage is permitted
on all areas of a parcel and the permitted driveway except those
areas stated below.
b. Prohibited Areas Of Outside Storage.
i. Outside storage is prohibited between the street and the
street-facing plane of a structure except on the permitted
driveway surface.
ii. Outside storage is prohibited within five feet of a side lot
line.
iii. Outside storage is prohibited, and vehicles are prohibited
from parking or standing on a permitted driveway within
ten (10) feet of the street, from blocking a sidewalk or trail,
or from creating a public nuisance.
(b) Passenger motor vehicles shall only park, stand, or be stored inside an
enclosed structure or on a permitted driveway.
(c) Any unlicensed or nonoperational item of outside storage must be stored
inside an enclosed structure.
(d) Permitted Items Of Outside Storage. The following items may be stored
outside.
a. A maximum of three of the following units may be stored outside
of a structure as detailed in 156.144 (M)(1)(a):
i. Type One, Type Two, and Type Three passenger vehicles
as defined by Minnesota Department of Transportation
1
Vehicle Classification Scheme.
ii. Type B recreational vehicles or travel trailers as defined by
2
Minn. Stat. 168.002.
iii. Other vehicles, such as motorcycles, snowmobiles, boats,
personal watercraft, personal utility trailer, and fish house;
iv. Off-highway vehicles, all-terrain vehicles, side-by-side
vehicles, special vehicles, golf carts, and similar items;
v. Equipment, such as personal utility trailer trailers, skid
steers, and similar;
vi. No more than one of the three units allowed by this section
may be a Type Class A motor home or a Fifth Wheel
recreational vehicle or travel trailers as defined by Minn.
Stat. 168.002;
b. General Outside Storage. Clothes lines, antennae, air conditioners,
outdoor grills, play equipment, outdoor furniture, ornaments,
monuments, and similar items.
c. Firewood. The outside storage of firewood shall be no closer than
five (5) feet to any property line. Such wood shall be stacked in a
neat, orderly, safe manner. The maximum height allowed is four
(4) feet.
d. Lakeshore Properties. Parcels abutting lakeshore may store the
following items of personal property within fifty (50) feet of the
shoreline during the months from September to May: docks, boat
lifts, swim rafts, slides, and other swimming equipment.
1
SeeattachedVehicleClassificationSchemehandoutfromMNDOT.
2
Motorhomesincludea:(1)typeAmotorhome,whichisarawchassisuponwhichisbuilta
driver'scompartmentandanentirebodythatprovidestemporarylivingquarters(thesearethe
biggestmotorhomes);(2)typeBmotorhome,whichisavanandhasbeencompletedor
alteredbyafinalstagemanufacturer(thesearethesmallest);and(3)typeCmotorhome,
whichisanincompletevehicleuponwhichispermanentlyattachedtoabodydesignedto
providetemporarylivingquarters(thisisamotorhomewiththeboxbuiltbehinda
cabwhichlookslikethefrontofavan).
e. Farming Equipment. In R-1 zoning districts, outside storage may
include agricultural products, equipment, and appurtenances
owned by the owner of the property and used on the property on
which they are kept.
f. Construction Storage. Outside storage may include temporary
storage of materials and equipment during construction and
landscaping when performed pursuant to a permit issued by the
City. Temporary storage shall not to exceed four (4) months from
the date a permit is issued by the City unless written permission is
granted by City Staff to extend this period.
(e) Storage Restrictions.
a. No item of outside storage may have an overall length from front
to back in excess of thirty-five (35) feet;
b. No item of outside storage may be registered for, or used for a
commercial purpose;
c. No item of outside storage may be used to store garbage, rubbish,
or debris;
d. No items of outside storage shall be used for human habitation
3
while on the premises; and,
e. Vehicles or equipment loaded on a trailer shall not count as
separate units under this provision, but rather the trailer shall count
as one unit, provided it is no more than 20 feet long or 7 feet high
when loaded.
(f) Fish house. used for ice fishing or fish
spearing, commonly known as an ice shelter, dark house, fish house, or
wheelhouse, otherwise requiring a license from the State. These shelters
include any shelter ever licensed for taking fish from public waters. Once
any structure or shelter is licensed by the State for use as a fish house, it is
4
thereafter designated to be a
(g) Storage Effective After 24-hours. For purposes of this section, items,
materials, or equipment existing outside of a structure for a period greater
(h) Effective Date. This section is effective on \[INSERT DATE HERE\].
Residential properties which have outside storage of a commercial vehicle
or a vehicle of Type 4 or higher on the effective date of this ordinance
3
ThepurposeofthissectionistostoppeoplefromlivinginRVs(i.e.,NationalLampoon
ChristmasVacation).
4
Thepurposeofthissectionistostopafishhousefrombeingconvertedintoagardenshedor
junkhouseafteritfallsintodisrepair.
must bring their property into compliance with this ordinance within one-
year from the effective date of this ordinance.
§ 156.144 OTHER STANDARDS
(M) Outside storage. All products, materials, and equipment, except as specifically
provided in this chapter, shall be stored within permitted structures, except for the
following:
(2) Residential districts.
(a) Agricultural products, equipment and appurtenances owned by the owner
of the property and used on the property on which they are kept;
(b) All licensed and operational motor vehicles shall be parked on the
permitted driveway area. Any unlicensed, nonoperational vehicles must
be stored in an enclosed structure;
(c) A maximum of two of the following units may be stored outside of a
structure for more than 48 hours on any residential parcel, provided they
are stored on the permitted driveway area outside of the road right-of-way
or are in a side or rear yard. A licensed motor home or fifth-wheel trailer
is allowed in a side or rear yard. None of the following items may have an
overall length from front to back in excess of 35 feet:
1. Boat;
2. Camper;
3. Motor home;
4. Snowmobiles;
5. Personal watercraft;
6. Personal utility trailer;
7. Icehouse; and
8. Small construction equipment.
(d) Clothes lines, antennae, air conditioners, outdoor grills, play equipment,
ornaments, and monuments;
(e) Temporary storage of materials and equipment during construction and
landscaping; and
(f) Lakeshore properties can store the following items of personal property
within 50 feet of the shoreline during the months from September to May:
docks, boat lifts, swim rafts, slides, and other swimming equipment.
Property Line
5
99
Pavement Setback
5
Passenger Vehicles
10104
4
Bldg Setback
Allowed
Passenger Vehicles
11
11
1
1
22
Not Allowed
Garage
1212
Other Vehicles &
3
Equipment Allowed
1313
Other Vehicles &
3
10 ft
Equipment Not Allowed
Street
House
min
6
7
7
8
6
8
Figure 1
Passenger Vehicles, Other Vehicles & Equipment on Residential Lots
Location:PassengerOther Vehicles &
VehiclesEquipment
OKOK
1 Garage
2 Driveway (10 ft min. from curb,
OKOK
not blocking sidewalk)
OKOK
3 Parking space/turnaround
OKOK
4 Side, on pavement
OKOK
5 On-street (not overnight)
NO
NO
6 Front, not in setback
NO
NO
7 Front, in setback
NO
NO
8 Right-of-way/boulevard
NO
NO
9 Side, in pavement setback
NO
OK
10 Side, in building setback
NO
OK
11 Side, not in setback
NO
OK
12 Rear, not in setback
NO
OK
13 Rear, in setback
8-16-2021
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CITY OF CENTERVILLEREQUEST
FOR ACTION
Agenda Item # Department: RequestedMeetingDate:
September 7, 2021
Planning and Zoning
VII.
TITLE OF ISSUE:
City Code Chapter 50: Garbage and Rubbish - Flexible or Compact Dumpster(s)
BACKGROUND AND SUPPLEMENTAL INFORMATION:
We have regulated "bagsters" in the past through the Nuisance Ordinance and have had success. A sample Ordinance from the
City of Apple Valley has been provided by Commissioner Kubat which contains language specifically addressing "Flexible or
Compact Dumpster(s)". It discusses the definition, placement, time period for use, declaration of a nuisance if a violation exists
which addresses abatement if needed.
"Flexible or Compact Dumpster(s)" are newer options available to property owners, can be obtained from Menards, HomeDepot
and other stores, seem to be reasonably priced, do not create the nuisance of taking up the space in a driveway that a full-fledged
dumpster would and alleviates the potential for damaging the driveway.
If the Commission desires to directly address "Flexible or Compact Dumpster(s)", language closely related to the City of Apple
Valley's Ordinance could be utilized (see red, underlined language as attached (City Code, Chapter 50)). The City annually licenses
haulers/dumpster providers and reminds them of pick up hours, requirements, etc. This amendment, could also be included in the
annual renewal letters. Staff asks the Commission to examine the timelines in the sample ordinance and whether they are appropriate.
COST AND SOURCE(S) OF FUNDING:
N/A
REQUESTED ACTION:
Motion to recommend that the city council adopt amendments to City Code, Chapter 50, related to Flexible or
Compact Dumpsters as detailed in the attached suggested ordinance language.
SUPPORTED DOCUMENTS ATTACHED
Motion By: ____________________________________
Resolution Ordinance Contract Minutes Plan Map
Second By: ____________________________________
Vote Record: Aye Nay
_____
_____
CV City Code: Chapter 91: Health & Safety
Other (specify) ____________
_____ _____
_____ _____
Draft Language CV City Code: Chapter 50.
_______________________________________________________________
_____ _____
_____
_____ _______________________________________________________________
_____
_____
_____
Refer to: _________________________________
Tabled Until: ______________________________
Consent
Other: ___________________________________
Regular
CHAPTER 91: HEALTH AND SAFETY; NUISANCES
Section
General Provisions
91.01 Purpose
91.02 Definitions
91.03 Public nuisances prohibited
91.04 Public nuisances affecting health
91.05 Public nuisances affecting morals and decency
91.06 Public nuisances affecting peace and safety
91.07 Enforcement
91.08 Abatement
91.09 Prohibited noise
Open Burning
91.20 Purpose
91.21 Definitions
91.22 Prohibited materials
91.23 Permit required
91.24 Purposes allowed
91.25 Permit application; permit fees
91.26 Permit process
91.27 Permit holder responsibility
91.28 Revocation of open burning permit
91.29 Denial of open burning permit
91.30 Burning ban or air quality alert
91.31 Rules adopted by reference
Cleanup of Clandestine Drug Lab and Chemical Dump Sites
91.45 General provisions
91.46 Definitions
91.47 Declaration as public health nuisance
91.48 Law enforcement action
91.49 Seizure of property
91.50 Action by Building Official or designee
91.51 ility to act
91.52 ility fo r costs
91.53 City action and recovery of costs
91.54 Recovery of costs from persons causing damage
91.55 Site owner and address
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91.56 Suspension of residential rental certification
91.57 Unauthorized removal of postings
91.58 Entry into or onto site
91.59 Removal of personal property from the site
91.60 City Council review/right to appeal
91.99 Penalty
GENERAL PROVISIONS
§ 91.01 PURPOSE.
It is the policy of the City of Centerville to ensure the continued health, safety, comfort and repose of the
public, the elimination and abatement of all nuisances within the city. A nuisance, as provided in this chapter,
means a thing, act or use of property that annoys, injures or endangers the health, safety, comfort or welfare of
the public; offends public decency; depreciates the value of the property of the inhabitants of the city; interferes
with the use of or obstructs or tends to obstruct a lake, stream, navigable water, park, sidewalk, street or public
way; or in any manner renders the in habitants of the city insecure in life or use of property. The City Council
finds it shall be the duty of the Office of the City Administrator or its designees to enforce the provisions of this
chapter and to bring about enforcement of violations or lack of compliance with this chapter.
§ 91.02 DEFINITIONS.
For purposes of this chapter, the following definitions shall apply unless the context clearly indicates or
requires a different meaning.
ASPHALT-BASED SEALER. A petroleum-based sealer material that is commonly used on driveways,
parking lots, and other surfaces and which does not contain coal tar.
COAL TAR. A byproduct of the process used to refine coal.
ENFORCEMENT OFFICIAL. The Police Department, Zoning Administrator, Building Official, City
Administrator, Public Works Director, Fire Marshal, any licensed peace officer or authorized designee
of the City Council.
NOTICE TO REMOVE. The notice served on a property owner by the City Council or designated city
official, advising the property owner of a code violation and ordering correction of the violation.
PROPERTY OWNER. The person occupying the property, the holder of legal title or a person having
control over the property of another, such as a right-of-way, easement, license or lease.
PUBLIC NUISANCE. A thing, act, occupation or use of property which shall:
(1) Annoy, injure or endanger the safety, health, comfort or repose of the public;
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(2) Offend public decency;
(3) Unlawfully interfere with, obstruct or tend to obstruct or render dangerous for passage, a lake,
navigable river, bay, stream, canal or basin, or a public park, square, street, alley or highway;
(4) In any way render the public insecure in life or in use of property; or
(5) Any other act or omission declared by law or Minnesota Statues, or any other part of this code to
be a public nuisance.
UNDILUTED COAL TAR-BASED SEALER. A sealer material containing coal tar that has not been
mixed with asphalt and which is commonly used on driveways, parking lots and other surfaces.
Ord. 2d #34, adopted 04/28/2010
§ 91.03 PUBLIC NUISANCES PROHIBITED.
It is unlawful for any person, by his or her act, or intentional failure to perform a legal duty, that creates
or maintains a public nuisance on any premises the person owns or controls within the city.
Penalty, see § 91.99
§ 91.04 PUBLIC NUIS§ 91.04 PUBLIC NUISANCES AFFECTING HEALTH. ANCES AFFECTING HEALTH.
The following are hereby declared to be nuisances affecting health: The following are hereby declared to be nuisances affecting health:
(A) Exposed accumulation of decayed or unwholesome food or vegetable matter;
(B) All diseased animals running at large;
(C) Carcasses of animals not buried or destroyed within 24 hours after death;
(D)(D) Accumulations of manure, rubbish, refuse or debris; Accumulations of manure, rubbish, refuse or debris;
(E) Privy vaults, garbage (except in authorized containers), garbage cans which are not rodent free
and fly-tight or which are so maintained to constitute a health hazard or to emit foul and
disagreeable odors;
(F) The pollution of any public well or cistern, stream, lake, canal or body of water by sewage,
industrial wastes or other substances, or any illicit discharge as set forth in subsection 51.24;
(G) All noxious weeds as referenced in M.S. §§ 18.75 - 18.88 and promulgated in Minnesota Rules,
as may be amended from time to time, located on public or private property. The terms WEEDS
and RANK VEGETATION includes, but is not limited to, the following:
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(1) Noxious weeds and rank vegetation shall include but not be limited to: alum (alliums),
Buckthorn, Bur Cucumber, Canada Thistle, Corncockle, Cressleaf Groundsel, Curly
Dock, Dodder, Field Bindweed, French Weed, Hairy Whitetop, Hedge Bindweed, Hoary
Cress, Horsenettle, Johnsongrass, Leafy Spurge, Mile-A-Minute Weed, Musk Thistle,
Oxeye Daisy, Perennial Sowthistle, Poison Hemlock, Purple Loosestrife, Quackgrass,
Russian Knapweed, Russian Thistle, Serrated Tussock, Shatter Cane, Sorghum, Wild
Carrot, Wild Garlic, Wild Mustard, Wild Onion, Wild Parsnip;
(2) Grapevines when growing in groups of 100 or more and not pruned, sprayed, cultivated,
or otherwise maintained for two consecutive years;
(3) Bushes of the species of tall, common, or European barberry, further known as Berberis
vulgaris or its horticultural varieties;
(4) Any grass, weeds or plants, other than trees, bushes, flowers or other ornamental plants,
growing to a height exceeding eight inches;
(5) Rank vegetation includes the uncontrolled, uncultivated growth of annuals and perennial
plants; and
(6) The term WEEDS does not include shrubs, trees, cultivated plants or crops.
(H) All public exposure of persons having a contagious disease;
(I) The emission of dense smoke, gas and soot, dust or cinders, and other noxious and offensive
fumes, in the quantities as to render the occupancy of property uncomfortable to a person of
ordinary sensibilities;
(J) Feces left by any domestic pet on public property or the property of another. The owner or
person having the custody or control of the animal shall be responsible for immediately cleaning
up any feces of the animal and disposing of the feces in a sanitary manner; and
(K) All other acts, omissions of acts, occupations and uses of property which are deemed by the city
to be a menace to the health of the inhabitants of the city or any considerable number thereof.
Penalty, see § 91.99
Ord. 2d #55, amended 03/01/2012, Ord. 2d #110, amended 11/13/2020
§ 91.05 PUBLIC NUISANCES AFFECTING MORALS AND DECENCY.
The following are hereby declared to be nuisances affecting public morals and decency:
(A) All gambling devices, slot machines and punch boards, except as otherwise authorized by
federal, state or local law;
87 tğŭĻ
(B) Betting, bookmaking and all apparatus used in those occupations;
(C) All houses kept for the purpose of prostitution or illegal sexual intercourse, gambling houses,
houses of ill fame and bawdy houses;
(D) All places where intoxicating liquor or controlled substance are manufactured or disposed of in
violation of law or where, in violation of law, people are permitted to resort for the purpose of
drinking intoxicating liquor, or consuming controlled substances or where intoxicating liquor or
controlled substances are kept for sale or other disposition in violation of law, and all liquor,
controlled substances, and other property used for maintaining that place; and
(E) Any vehicle used for the unlawful transportation of intoxicating liquor, controlled substance,
drug paraphernalia containing any amount of residue from a controlled substance or non-
prescription drugs, or for public or illegal sexual intercourse, or any other illegal purpose.
Penalty, see § 91.99
Ord. 2d #25, amended 12/10/2008
§ 91.06 PUBLIC NUISANCES AFFECTING PEACE AND SAFETY.
The following are declared to be nuisances affecting public peace and safety:
(A) All snow and ice not removed from public sidewalks 24 hours after the snow or other precipitation
causing the condition has ceased to fall;
(B) All trees, hedges, billboards or other obstructions which prevent people from having a clear view of all
traffic approaching an intersection;
(C) All wires and limbs of trees which are so close to the surface of a sidewalk or street as to constitute a
danger to pedestrians or vehicles;
(D) All obnoxious noises in violation of Minn. Rules Chapter 7030, as they may be amended from time to
time which are hereby incorporated by reference into this code;
(E) The discharging of the exhaust or permitting the discharging of the exhaust of any stationary internal
combustion engine, motor boat, motor vehicle, motorcycle, all-terrain vehicle, snowmobile or any
recreational device except through a muffler or other device that effectively prevents loud or explosive
noises there from and complies with all applicable state laws and regulations;
(F) The using or operation or permitting the using or operation of any radio receiving set, musical
instrument, phonograph, paging system, machine or other device for producing or reproduction of sound
in a distinctly and loudly audible manner so as to disturb the peace, quiet and comfort of any person
nearby. Operation of any device referred to above between the hours of 10:00 p.m. and 7:00 a.m. in a
manner so as to be plainly audible at the property line of the structure or building in which it is located,
88 tğŭĻ
or at a distance of 50 feet if the source is located outside a structure or building shall be prima facie
evidence of violation of this section;
(G) The participation in a party or gathering of people giving rise to noise which disturbs the peace, quiet or
repose of the occupants of adjoining or other property;
(H) Obstructions and excavations affecting the ordinary public use of streets, alleys, sidewalks or public
grounds except under conditions as are permitted by this code or other applicable law;
(I) Radio aerials or television antennae erected or maintained in a dangerous manner;
(J) Any use of property abutting on a public street or sidewalk or any use of a public street or sidewalk
which causes large crowds of people to gather, obstructing traffic and the free use of the street or
sidewalk;
(K) All hanging signs, awnings and other similar structures over streets and sidewalks, so situated so as to
endanger public safety, or not constructed and maintained as provided by ordinance;
(L) The allowing of rain water, ice or snow to fall from any building or structure upon any street or sidewalk
or to flow across any sidewalk;
(M) Any barbed wire fence less than six feet above the ground and within three feet of a public
sidewalk or way;
(N) All dangerous, unguarded machinery in any public place, or so situated or operated on private property
as to attract the public;
(O) Waste water cast upon or permitted to flow upon streets or other public properties;
(P)(P) Accumulations in the open of discarded or disused machinery, household appliances, automobile bodies Accumulations in the open of discarded or disused machinery, household appliances,
automobile bodies Accumulations in the open of discarded or disused machinery, household appliances, automobile bodies
or other material in a manner conducive to the harboring of rats, mice, snakes or vermin, or the rank or other material in a manner conducive to the harboring of rats, mice, snakes or
vermin, or the rank or other material in a manner conducive to the harboring of rats, mice, snakes or vermin, or the rank
growth of vegetation among the items so accumulated, or in a manner creating fire, health or safety growth of vegetation among the items so accumulated, or in a manner creating fire,
health or safety growth of vegetation among the items so accumulated, or in a manner creating fire, health or safety
hazards from accumulation; hazards from accumulation;
(Q) Any well, hole or similar excavation which is left uncovered or in another condition as to constitute a
hazard to any child or other person coming on the premises where it is located;
(R) Obstruction to the free flow of water in a natural waterway or a public street drain, gutter or ditch with
trash of other materials;
(S) The placing or throwing on any street, sidewalk or other public property of any glass, tacks, nails,
bottles or other substance which may injure any person or animal or damage any pneumatic tire when
passing over the substance;
(T) The depositing of garbage or refuse on a public right-of-way or on adjacent private property;
(U) All other conditions or things which are likely to cause injury to the person or property of anyone;
89 tğŭĻ
(V) Diseased or dangerous conditions of trees as follows:
(1) Any living or standing elm tree or part thereof infected to any degree with the Dutch Elm disease
fungus Ceratocystis Ulmi (Buisman) Moreau or which harbors any of the elm bark beetles
Scolytus Multistriatus (Eichh.) or Hylungopinus Rufipes (Marsh);
(2) Any dead elm tree or part thereof, including branches, stumps, firewood or other elm material
from which the bark has not been removed and burned or sprayed with an effective elm bark
beetle insecticide;
(3) Any living or standing oak tree or part thereof infected to any degree with the Oak Wilt fungus
Ceratocystis fagacearum;
(4) Any dead or dying tree or part thereof which in the opinion of the designated officer constitutes a
hazard, and including but not limited to logs, branches, stumps, roots or oak tree material which
has not been stripped of its bark and burned or sprayed with an effective fungicide;
(5) Any other shade tree with an epidemic disease; and
(6) It is unlawful to transport bark-bearing elm wood in or through the city without securing a permit
therefore from the City Administrator.
(W) Four or more code violations, fire calls or other nuisance complaints requiring enforcement
response within a 30-day period; and
(X) To park or store any unlicensed, unregistered or inoperable motor vehicle parts or components thereof,
on any property, public or private, unless housed within a lawfully erected building except in a
commercial zone where the use is specifically regulated by a conditional use permit.
(Y) Use of Undiluted Coal Tar Sealers Prohibited (This prohibition shall not affect the use of asphalt-based
sealer products within the City.)
(1) No person shall apply any undiluted coal tar-based sealer to any driveway, parking lot, or other
surface within the City of Centerville
(2) No person shall contract with any commercial sealer product applicator, residential or
commercial developer, or any other person for the application of any undiluted coal tar-based
sealer to any driveway, parking lot, or other surface within the City.
(3) No commercial sealer product applicator, residential or commercial developer, or other similar
individual or organization shall direct any employee, independent contractor, volunteer, or other
person to apply any undiluted coal tar-based sealer to any driveway, parking lot, or other surface
within the City.
Ord. 2d #34, adopted 04/28/2010, Ord. 2d #57, amended 05/09/2012
90 tğŭĻ
Penalty, see § 91.99
§ 91.07 ENFORCEMENT.
(A) (1) The Enforcement Official shall enforce the provisions relating to nuisances.
(2) The enforcement official shall have the authority to inspect private premises and take all
reasonable precautions to prevent the commission and maintenance of public
nuisances.
(3) Except in emergency situations of imminent danger to human life and safety, or when
the owner, resident or other person in control of the property has granted permission,
or when a violation can be seen without entering the property, the Enforcement Official
shall obtain an administrative search warrant to enter private property.
(B) The Enforcement Official may commence enforcement action by citation, complaint or civil proceeding.
§ 91.08 ABATEMENT.
(A) Notice to remove.
(1) When there exists on private property a condition which is in violation of this chapter, a notice to
remove the offensive matter shall be served by the City Council or its agent upon the owner,
agent or occupant.
(2) The notice may be served personally or may be served by mail. In all cases where the owner is
not in the city or cannot be found therein, then notice shall be sent to the last known address.
(3) The notice shall describe the matter to be removed and require the removal thereof within 10
days, including Saturdays, Sundays and holidays.
(B)(B) Failure to remove.Failure to remove. If, at the end of the ten days following service of a notice to remove, the nuisance If, at the end of the ten days following service of
a notice to remove, the nuisance If, at the end of the ten days following service of a notice to remove, the nuisance
has not been terminated or abated, the city shall cause removal and disposition. The person in violation has not been terminated or abated, the city shall cause removal and disposition.
The person in violation has not been terminated or abated, the city shall cause removal and disposition. The person in violation
may, within the ten days following service, file a written appeal disputing the violation or requesting may, within the ten days following service, file a written appeal disputing the
violation or requesting may, within the ten days following service, file a written appeal disputing the violation or requesting
additional time to comply with the notice to remove. Appeals will be pladditional time to comply with the notice to remove. Appeals will be pladditional time to comply with the notice
to remove. Appeals will be placed on the next available aced on the next available
agenda of the City Council for its consideration. agenda of the City Council for its consideration.
(C)(C) Immediate abatement.Immediate abatement. Nothing in this section shall prevent the city, without notice or other process, Nothing in this section shall prevent the city, without
notice or other process, Nothing in this section shall prevent the city, without notice or other process,
from immediately abating any condition that poses an imminent and serious hfrom immediately abating any condition that poses an imminent and serious hfrom immediately abating any condition
that poses an imminent and serious hazard to human life or azard to human life or
safety. safety.
(D)(D) Recovery of costsRecovery of costsRecovery of costs. In instances where any nuisances are abated by city action pursuant to this chapter, . In instances where any nuisances
are abated by city action pursuant to this chapter, . In instances where any nuisances are abated by city action pursuant to this chapter,
M.S. §§ 412.221 et seq., or M.S. Chapter 466, the cost of enforcement, abatement or other proceedings, M.S. §§ 412.221 et seq., or M.S. Chapter 466, the cost of enforcement, abatement
or other proceedings, M.S. §§ 412.221 et seq., or M.S. Chapter 466, the cost of enforcement, abatement or other proceedings,
including administrative charges together with interest thereon at the lawful rate permitted under M.S. including administrative charges together with interest thereon at the lawful
rate permitted under M.S.
91 tğŭĻ
Chapter 429, shall, if not paid, be assessed against the premises and certified to the County Auditor or Chapter 429, shall, if not paid, be assessed against the premises and certified
to the County Auditor or Chapter 429, shall, if not paid, be assessed against the premises and certified to the County Auditor or
certified by lien as provided in M.S. § 514.67. certified by lien as provided in M.S. § 514.67.
§ 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
(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.
92 tğŭĻ
CHAPTER50:GARBAGEANDRUBBISH
Section
50.01 Definitions
50.02 Care of refuse (Containers; storage and location).
50.03 Municipal contracting
50.04 Refuse Accumulation; Nuisance - Violation
§ 50.01 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context
clearly indicates or requires a different meaning.
FARM. Shall consist of any tract of land five acres or greater in area used for
agricultural purposes.
FLEXIBLE OR COMPACT DUMPSTER. A container which has a holding capacity
not exceeding five cubic yards and used for temporary storage of special pick-up refuse.
A FLEXIBLE DUMPSTER is commonly referred to or known as a dumpster bag, soft-
side dumpster, or waste removal bag and used in lieu of a metal front or rear-load or roll-
off dumpster. A COMPACT DUMPSTER is a metal, composite or other hard-side
container for refuse disposal which does not exceed five cubic yards capacity.
GARBAGE. Organic waste, including discarded material resulting from the handling,
processing, storage, preparation, serving and consumption of food.
REFUSE. Solid waste, including garbage and refuse, but excluding yard waste,
recyclables and hazardous waste.
RUBBISH. Solid waste, including ashes consisting of both combustible and
noncombustible wastes, such as wood, bedding, crockery and other non-reusable waste;
the term also includes non-recyclable types of glass, paper, cardboard and metal cans.
§ 50.02 CARE OF REFUSE (CONTAINERS; STORAGE AND LOCATION).
It shall be the duty of every tenant, lessee or occupant of every private dwelling house or
commercial enterprise, and the owner of every furnished flat or apartment house, or business
building, except upon a farm, to provide without expense to the city, and at all times to keep
upon the lot upon which the building is located, suitable and sufficient receptacles with suitable
handles and having a tight-fitting cover for receiving and holding without leakage or escape of
odors all the refuse which would ordinarily accumu
shall properly remove and dispose of at least weekly. Except for collection day, the receptacles
shall be stored on private property and reasonably screened from view of the street.
Flexible dumpster(s) or compact dumpster(s) do not have a tight-fitting cover and are
allowed for use by the property owner who has contracted services through a licensed contractor
with the City for hauling such items and must meeting the following requirements:
(1) Only refuse of solid physical form or matter shall be placed or disposed into the
flexible dumpster(s) or compact dumpster(s), such as construction or demolition debris,
discarded household goods or wares, cardboard or packaging waste, or the like; and
(2) Flexible dumpster(s) or compact dumpster(s) shall not exceed a five (5) cubic
yard capacity; and
(3) Shall not be placed within the roadway surface of any street or road right-of-way,
in or block any portion of a sidewalk; part or trail; and
(4) Shall not remain on a property for more than 14 days from the date it was placed
outdoors at the property and be collected by a waste hauler or otherwise removed within one
week of the container being filled; and
(5) All refuse shall be completely and securely placed within the container; no
material shall be sticking out or exceeding above the top of the container sides. No refuse placed
in the container shall exceed outside the container beyond the plane of the street curb line. It is
the property owner/occupant responsibility to ensure any refuse that falls or is blown out of the
container is promptly collected/picked up and properly stored as any refuse is required to be
stored.
§ 50.03 MUNICIPAL CONTRACTING
The City Council, at its discretion, may contract with a single waste hauler to pick up and
dispose of waste and recyclables from properties in the city. The contract for the collection of
garbage in the city shall be for terms and upon such conditions as the City Council may from
time to time determine. For those classes of property covered by municipal contract, it shall be
unlawful for any other person or persons, except the contracted hauler, to move or carry away
any refuse or recyclables, except from his or her own premises, except by with special
permission of the City Council. It shall be lawful in case any person shall default in the payment
of the garbage collection fees due the contracted municipal hauler, for the City Council to collect
delinquent hauler fees from the person or the owner of the real property from which the waste
was collected by civil action or by assessing the same against the real estate.
§ 50.04 REFUSE ACCUMULATION; NUISANCE - VIOLATION
A violation of this chapter is a public nuisance. When the city finds that a person has
violated a prohibition or failed to meet a requirement of this section, the person is deemed to
have created a public nuisance subject to abatement and assessment, as provided in Chapter 91.
In addition to any order issued pursuant to Chapter 91.07 through 91.08
BQQMFWBMMFZPSEJOBODFFYBNQMF
CITY OF CENTERVILLEREQUEST
FOR ACTION
Agenda Item # Department: RequestedMeetingDate:
September 07, 2021
Planning and Zoning
VII.2
TITLE OF ISSUE:
Zoning Code, Section 156.111 Fence, (2)(d) - Consideration of fence placement in relation to the front of home
BACKGROUND AND SUPPLEMENTAL INFORMATION:
Recently, several residents expressed a desire to either replace an existing fence or to construct a new fence without the current
requirement in City Code to have it set 10 feet back from the front of the home...Chapter 156: Zoning Code, Section 156.111 Fence,
(2)(d) "any fence that is not a decorative fence shall be set back behind a line between a point ten feet behind the outermost front
corner of the principal structure and the nearest point of the adjoining side property line".
Research from (4) four communities have shown that they do not require a setback from the front of the home. Beyond an aesthetic
preference, staff is unaware of any reason for the setback.
Recommendation that if the Commission desires to amend the existing Code, language should be changed allowing for a
non-decorative fence to be constructed up to the outermost front corner of the principal structure and the nearest point of the adjoining
side property line along with modifying associated drawings.
COST AND SOURCE(S) OF FUNDING:
N/A
REQUESTED ACTION:
Motion to recommend that the City Council adopt changes to City Code, Chapter 156.111 as noted in the
attached suggested code language, allowing fences to be constructed up to the front face of the home.
SUPPORTED DOCUMENTS ATTACHED
Motion By: ____________________________________
Resolution Ordinance Contract Minutes Plan Map
Second By: ____________________________________
156.111&Diagrams
Vote Record: Aye Nay
_____
_____
Staff memo & research
Other (specify) ____________
_____ _____
_____ _____
_______________________________________________________________
_____ _____
_____
_____ _______________________________________________________________
_____
_____
_____
Refer to: _________________________________
Tabled Until: ______________________________
Consent
Other: ___________________________________
Regular
TO: City Administrator Statz
FROM: City Clerk Bender
SUBJECT: Fence Setback Front Façade/Structure
DATE: August 18, 2021
maximum of four (4) feet above ground level in
front of the front face of the residential structure. Side Yard Requirements is maximum height of
six (6) feet above ground level.
A yard extending across the full width of the lot
and lying between the front line of the lot and the nearest line of any building extending to the
side lot line nearest to that building. Fences erected in the front yard shall not exceed four feet
except in R-1 District. (See illustration No. 5).
e front corner of the principal building maximum
s, no fence may exceed
five (5) feet in height above the ground level, in front of the front line of the residential structure.
be erected from a line extending from the front
façade of the principal building to the side lot lines, and then along the side lot lines and real lot
line (Diagram 6b).
(A) No occupancy permit shall be issued until the lot upon which the structure is constructed is brought to
finished grade as specified except during inclement weather an escrow shall be deposited with the city as
approved in the fee schedule; and
(B) Prior to issuance of the occupancy permit, the lot shall be landscaped in a manner which prevents
erosion due to wind or water. Extensions may be granted at the Building Offi
§ 156.110 BUILDING NUMBERS.
(A) Numbers required. It shall be the duty of the owner, lessee or occupant of every house, industrial,
commercial or other building to have proper house or building numbers either by affixing to the building
numbers in metal, glass, plastic or other durable material. The numbers shall not be less than six inches
in height, in a contrasting color to the base, and so placed to be easily seen from the street.
(B) Alternative display. In those cases where the principal building is obscured from view from the street of
address by accessory buildings, trees, shrubbery or other visual obstruction, the numbers shall be
displayed from a permanent mounting on the property so that they are clearly visible from the street of
address.
§ 156.111 FENCES § 156.111 FENCES AND SPECIAL PRIVACY SCREENING. AND SPECIAL PRIVACY SCREENING.
(A) General regulations.
(1) All fences shall be located a minimum of two feet from any property line of the fence owner
unless the owner of the adjoining property agrees, in writing, that the fence may be erected on
the property line of the respective properties. This agreement shall be submitted at the time of
building permit application.
(a) Fences shall be located a minimum of two feet from a property line adjoining a street
right of way and may not be located in any drainage or utility easement except where
permission has been granted by the City through an encroachment agreement.
(b) No fence other than a decorative fence may be constructed in a front yard. As used
herein, the term DECORATIVE FENCE means a wrought iron fence, wood or vinyl
vertical post and wood horizontal rail fence with no more than three rails or a wood or
vinyl picket type fence with at least two inches of open space between each picket. All
decorative fences shall have at least 40% of the surface area of the fence open.
(2) No residential fence may exceed six feet in height and no decorative fence in the front yard may
exceed 36 inches in height.
367 tğŭĻ
(a) back a
minimum of 10 feet from the adjoining property line, unless the fence is a decorative
fence not exceeding three feet in height.
(b) Residential corner lots shall only have one front yard for the purpose of fences and that
shall be the side that has the front entrance to the home.
(c) In no event shall any fence be closer than fifteen feet to a curb or street pavement.
(d)(d) Any fence that is not a decorative fence shall be set back behind a line between a point Any fence that is not a decorative fence shall be set back behind a line between a point
Any fence that is not a decorative fence shall be set back behind a line between a point
ten feet behind the outermost front corner of the principal structure and the nearest point ten feet behind the outermost front corner of the principal structure and the nearest point
ten feet behind the outermost front corner of the principal structure and the nearest point
on the adjoining side property line. on the adjoining side property line.
(3) All fences shall be constructed and maintained in a substantial, workmanlike manner and of
material reasonably suited for the purpose for which the fence is proposed to be used. Every
fence shall be constructed so that the side containing the framing supports and cross-pieces face
this section or which endangers the public safety, health or welfare shall be considered a public
nuisance.
(B) Snow-stop fencing. Snow-stop fencing may be used from November 1st to April 1st in R-1 Districts.
No permit shall be required for snow stop fencing.
(C) Electric and barbed wire fence. Electric fences, hog wire fencing, barbed-wire fencing and similar
fencing will not be allowed, except in the R-1 District and then may only be used in conjunct with
agricultural activities.
(D) Visual obstructions. No fence may be erected which creates visual obstructions at any intersection, alley,
driveway or street for safe vehicular, bicycle or pedestrian movement.
(E) Swimming pool fencing. No permanent private swimming pool with a water depth exceeding 24 inches
may be allowed, unless enclosed by a permanent wall or fence not less than four feet in height with self-
closing door and self-closing latch. A swimming pool shall be considered permanent if it has a
connected water supply, a drain connection or electrical connection where any of these require an
electrical, mechanical, plumbing or building permit under the Minnesota Building Code.
(F) Fencing in commercial/industrial zoning districts shall not exceed eight feet in height. Fences, except
decorative fences not exceeding three feet in height, shall not be placed in a front yard of an industrial or
commercial lot.
(G) Special Privacy Screening. A single family property may install in a rear yard, special privacy screening
around a pool, hot tub and/or patio, with a height of up to 7.5 feet. The total area enclosed by the special
privacy screening may not exceed an area equal to one half of the area of the first floor of the dwelling.
The total lineal footage of the special screening shall not exceed an amount equal to the distance across
the lot at the front setback of the dwelling. Special Privacy Screening may not be located closer to any
368 tğŭĻ
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CITY OF CENTERVILLEREQUEST
FOR ACTION
Agenda Item # Department: RequestedMeetingDate:
September 7, 2021
Planning and Zoning
VII.3
TITLE OF ISSUE:
Home-Based Auto Repair
BACKGROUND AND SUPPLEMENTAL INFORMATION:
Over the past few years, the city has dealt with a number of complaints related to home-based auto repair shops.
Many of the complaint items are addressed in the home-based business regulations (Chapter 156.102) or in the
Nuisance Ordinance (Chapter 91). However, other complaints are a bit harder to address with the current city
code. These might include frequent parking of multiple vehicles in the street (during legal parking hours),
increased activity in the neighborhood and additional cars in the driveway. Although vehicles waiting to be
repaired cannot be in the driveway, it can be difficult for enforcement officials to determine which are personal
vehicles and which are not.
COST AND SOURCE(S) OF FUNDING:
N/A
REQUESTED ACTION:
Motion to recommend that City Council adopt changes to City Code, Chapter 156.102 as detailed in the
attached suggested language.
SUPPORTED DOCUMENTS ATTACHED
Motion By: ____________________________________
Resolution Ordinance Contract Minutes Plan Map
Second By: ____________________________________
X
Vote Record: Aye Nay
_____
_____
Suggested Language
Other (specify) ____________
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_______________________________________________________________
_____ _____
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_____ _______________________________________________________________
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Refer to: _________________________________
Tabled Until: ______________________________
Consent
Other: ___________________________________
Regular
(B) Betting, bookmaking and all apparatus used in those occupations;
(C) All houses kept for the purpose of prostitution or illegal sexual intercourse, gambling houses,
houses of ill fame and bawdy houses;
(D) All places where intoxicating liquor or controlled substance are manufactured or disposed of in
violation of law or where, in violation of law, people are permitted to resort for the purpose of
drinking intoxicating liquor, or consuming controlled substances or where intoxicating liquor or
controlled substances are kept for sale or other disposition in violation of law, and all liquor,
controlled substances, and other property used for maintaining that place; and
(E)Any vehicle used for the unlawful transportation of intoxicating liquor, controlled substance,
drug paraphernalia containing any amount of residue from a controlled substance or non-
prescription drugs, or for public or illegal sexual intercourse, or any other illegal purpose.
Penalty, see § 91.99
Ord. 2d #25, amended 12/10/2008
§ 91.06 PUBLIC NUISANCES AFFECTING PEACE AND SAFETY.§ 91.06 PUBLIC NUISANCES AFFECTING PEACE AND SAFETY.
The following are declared to be nuisances affecting public peace and safety:
(A) All snow and ice not removed from public sidewalks 24 hours after the snow or other precipitation
causing the condition has ceased to fall;
(B) All trees, hedges, billboards or other obstructions which prevent people from having a clear view of all
traffic approaching an intersection;
(C) All wires and limbs of trees which are so close to the surface of a sidewalk or street as to constitute a
danger to pedestrians or vehicles;
(D)(D) All obnoxious noises in violation of Minn. Rules ChaAll obnoxious noises in violation of Minn. Rules Chapter 7030, as they may be amended from time to pter 7030, as they may be
amended from time to
time which are hereby incorporated btime which are hereby incorporated btime which are hereby incorporated by reference into this code;y reference into this code;y reference into this
code;
(E)(E) The discharging of the exhaust or permitting the discharging of the exhaust of any stationary internal The discharging of the exhaust or permitting the discharging of the exhaust
of any stationary internal
combustion engine, motor boat, motor vehicombustion engine, motor boat, motor vehicle, motorcycle, cle, motorcycle, allall--terrainterrain vehicle, snowmobile or any vehicle, snowmobile
or any
recreational device except recreational device except recreational device except through a muffler or other device that effectively prevents loud or explosive through a muffler or other
device that effectively prevents loud or explosive through a muffler or other device that effectively prevents loud or explosive
noises there from and complies with all applicable state laws and regulations;noises there from and complies with all applicable state laws and regulations;noises there from and complies
with all applicable state laws and regulations;
(F) The using or operation or permitting the using or operation of any radio receiving set, musical
instrument, phonograph, paging system, machine or other device for producing or reproduction of sound
in a distinctly and loudly audible manner so as to disturb the peace, quiet and comfort of any person
nearby. Operation of any device referred to above between the hours of 10:00 p.m. and 7:00 a.m. in a
manner so as to be plainly audible at the property line of the structure or building in which it is located,
88 tğŭĻ
or at a distance of 50 feet if the source is located outside a structure or building shall be prima facie
evidence of violation of this section;
(G) The participation in a party or gathering of people giving rise to noise which disturbs the peace, quiet or
repose of the occupants of adjoining or other property;
(H) Obstructions and excavations affecting the ordinary public use of streets, alleys, sidewalks or public
grounds except under conditions as are permitted by this code or other applicable law;
(I) Radio aerials or television antennae erected or maintained in a dangerous manner;
(J) Any use of property abutting on a public street or sidewalk or any use of a public street or sidewalk
which causes large crowds of people to gather, obstructing traffic and the free use of the street or
sidewalk;
(K) All hanging signs, awnings and other similar structures over streets and sidewalks, so situated so as to
endanger public safety, or not constructed and maintained as provided by ordinance;
(L) The allowing of rain water, ice or snow to fall from any building or structure upon any street or sidewalk
or to flow across any sidewalk;
(M) Any barbed wire fence less than six feet above the ground and within three feet of a public
sidewalk or way;
(N) All dangerous, unguarded machinery in any public place, or so situated or operated on private property
as to attract the public;
(O) Waste water cast upon or permitted to flow upon streets or other public properties;
(P) Accumulations in the open of discarded or disused machinery, household appliances, automobile bodiAccumulations in the open of discarded or disused machinery, household appliances,
automobile bodies es
or other material in a manner conducive to the harboring of rats, mice, snakes oor other material in a manner conducive to the harboring of rats, mice, snakes or vermin, or the rank
r vermin, or the rank
growth of vegetation among the items so accumulated, or in a manner creating fire, health or safety growth of vegetation among the items so accumulated, or in a manner creating fire,
health or safety
hazards from accumulation;hazards from accumulation;
(Q) Any well, hole or similar excavation which is left uncovered or in another condition as to constitute a
hazard to any child or other person coming on the premises where it is located;
(R) Obstruction to the free flow of water in a natural waterway or a public street drain, gutter or ditch with
trash of other materials;
(S) The placing or throwing on any street, sidewalk or other public property of any glass, tacks, nails,
bottles or other substance which may injure any person or animal or damage any pneumatic tire when
passing over the substance;
(T) The depositing of garbage or refuse on a public right-of-way or on adjacent private property;
(U) All other conditions or things which are likely to cause injury to the person or property of anyone;
89 tğŭĻ
(V) Diseased or dangerous conditions of trees as follows:
(1) Any living or standing elm tree or part thereof infected to any degree with the Dutch Elm disease
fungus Ceratocystis Ulmi (Buisman) Moreau or which harbors any of the elm bark beetles
Scolytus Multistriatus (Eichh.) or Hylungopinus Rufipes (Marsh);
(2) Any dead elm tree or part thereof, including branches, stumps, firewood or other elm material
from which the bark has not been removed and burned or sprayed with an effective elm bark
beetle insecticide;
(3) Any living or standing oak tree or part thereof infected to any degree with the Oak Wilt fungus
Ceratocystis fagacearum;
(4) Any dead or dying tree or part thereof which in the opinion of the designated officer constitutes a
hazard, and including but not limited to logs, branches, stumps, roots or oak tree material which
has not been stripped of its bark and burned or sprayed with an effective fungicide;
(5) Any other shade tree with an epidemic disease; and
(6) It is unlawful to transport bark-bearing elm wood in or through the city without securing a permit
therefore from the City Administrator.
(W) Four or more code violations, fire calls or other nuisance complaints requiring enforcement
response within a 30-day period; and
(X) To park or store any unlicensed, unregistered or inoperable motor vehicle parts or compoTo park or store any unlicensed, unregistered or inoperable motor vehicle parts or components
thereof, nents thereof,
on any property, public or private, unless housed within a lawfully on any property, public or private, unless housed within a lawfully erected buildingerected building except in a except
in a
commercial zone where the use is specifically regulated by a conditional use permitcommercial zone where the use is specifically regulated by a conditional use permit..
(Y) Use of Undiluted Coal Tar Sealers Prohibited (This prohibition shall not affect the use of asphalt-based
sealer products within the City.)
(1)No person shall apply any undiluted coal tar-based sealer to any driveway, parking lot, or other
surface within the City of Centerville
(2) No person shall contract with any commercial sealer product applicator, residential or
commercial developer, or any other person for the application of any undiluted coal tar-based
sealer to any driveway, parking lot, or other surface within the City.
(3) No commercial sealer product applicator, residential or commercial developer, or other similar
individual or organization shall direct any employee, independent contractor, volunteer, or other
person to apply any undiluted coal tar-based sealer to any driveway, parking lot, or other surface
within the City.
Ord. 2d #34, adopted 04/28/2010, Ord. 2d #57, amended 05/09/2012
90 tğŭĻ
If a nonconforming use is replaced by another use, the new use shall conform to this chapter;
If a nonconforming use or structure is damaged by any cause to the extent that repair or replacement
costs exceed 50 percent of the market value, the use or structure may not be replaced or repaired except
in conformity with this chapter; and
Normal maintenance of a nonconforming structure is permitted, including necessary nonstructuralrepairs
and incidental alterations, which do not extend or intensify the nonconforming use.
A structure that consists of a one-family or two-family dwelling that is a lawful non-conforming use
located in a Business District or Industrial District may, upon being damaged to an extent exceeding 50
percent of its fair market value, be repaired to its preexisting condition, provided that the non-conformity
does not also include inconsistencies with regulations of flood-plaints or shorelandprotection. If no
building permit to repair the dwelling is issued by the City within six months of the dateof the event
where damage occurs, then the lawful non-conforming use status shall cease and the landshall be used
only in conformity with the allowed uses in the District.
Construction of one detached accessory building, not exceeding 200 square feet will be considered an
incidental alteration, and may be permitted in conjunction with a legal, non-conforming use, provided its
purpose is solely for storage and that setback, lot coverage and other requirements of the district are
complied with.
Construction of an uncovered deck or porch, not exceeding 100 square feet, construction of fences and
construction of above ground pools up to 15 feet in diameter shall be considered incidental alterations,
and may be permitted in conjunction with a legal, non-conforming use, provided lot coverage and other
requirements of the district are complied with.
Ord. 2d #6, amended 05/24/2006, Ord. 2d #11, amended 07/26/2006
§156.102 HOME OCCUPATIONS.§156.102 HOME OCCUPATIONS.
Home occupations in the city must meet the following criteria:
(A) Home occupations shall be conducted solely by persons residing in the residence with the exception of
no more than one additional nonrelated employee;
(B)All business activities and storage shall take place within the structure;
(C)There shall be no alteration to the exterior of the residential dwelling, accessory building or yard that in
any way alters the residential character of the premises;
(D) Conformance with the sign regulations as set forth in this code;
(E)The occupation shall not be visible or audible from any property line;
362 tğŭĻ
(F)The occupation may involve limited retail sale or rental of products on the premises, provided all stock-
in-trade is completely enclosed in the principal structure. Retail merchandise may not constitute more
than 50 percent of the principal structure square footage;
(G) Unless completely enclosed within an approved structure, no vehicle used in the conduct of the
occupation shall be parked, stored or otherwise present at the premises other than as is customarily used
for domestic or household purposes;
(H) Only on-site off-street parking facilities typically associated with a residence shall be used; and
(I)The conduct of an occupation or the use of substances which may be hazardous to or in any way
jeopardize the health, safety or welfare of neighbors and neighboring property shall not be permitted.
(J) Auto repair is not permitted on lots of less than 2 acres in size.
Cross-reference:
Outside storage as nuisance, see § 91
§156.103 SINGLE-FAMILY DWELLING REQUIREMENTS.
All single-family detached dwellings shall be constructed according to the following minimum
standards:
All dwellings shall have a minimum width of 24 feet at the narrowest point, with the exception of the
M-1, M-2 and R-M Districts;
Metal siding, with exposed panels exceeding 12 inches in width, shall not be permitted;
All newly constructed single-family detached dwellings shall have attached garages. Garages may not
be converted to habitable space without replacing the required garage;
Single-family dwellings other than approved earth sheltered homes shall have at least a 3/12 roof pitch
and shall be covered with an approved roofing material; and
All single-family dwellings shall have roof overhangs which extend a minimum of one foot from all the
walls of the structure.
Roofing materials on single family attached and detached residential structures over 120 square feet
shall be tile, shakes, shingles, copper or architectural metal roof sheeting with factory applied color
coatings (and are installed with concealed fasteners). Metal roofing must meet Class IV hail resistance
standards. Materials and installation must conform to the building codes then in effect.
Cross-reference:
See parking requirements of this chapter
363 tğŭĻ
CITY OF CENTERVILLE
PLANNING AND ZONING COMMISSION
Pursuant to due call and notice thereof, the Regular Meeting of the Planning and Zoning
Commission held a meeting on Tuesday, March 2, 2021 at 6:30 p.m.
I. CALL TO ORDER
The meeting was called to order at 6:30 p.m. by Acting Chairperson Fehrenbacher.
Present: Acting Chairperson Ben Fehrenbacher
Commissioner John Krueger
Commissioner Les Kuiper
Commissioner David Kubat
Commissioner Nick Twohy
Absent: Chairperson Linda Broussard-Vickers and Commissioner Darrell (DJ) Olson, Jr
Staff: City Administrator Mark Statz
Council Liaison, Russ Koski
City Planner, Phil Carlson
City Attorney, Kurt Glaser
II. PLEDGE OF ALLEGIANCE
III. APPROVAL OF AGENDA
Addition of Auto Repair Ordinances was requested to be discussed during New Business on
the agenda.
Motion by Commissioner Kuiper, seconded by Commissioner Krueger to Approve the
amended Agenda. All in favor. Motion carried.
IV. PUBLIC HEARINGS (6:30 PM or shortly thereafter)
1. Peltier Estates
a. Preliminary Plat
b. Conditional Use Permit for a Planned Unit Development
Administrator Statz provided some background on this item and stated representatives for
the applicant, Mr. Nick Roessler and Ms. Kari Clark, Sharper Homes, are present to address
any questions anyone might have on this item.
Acting Chairperson Fehrenbacher asked if any homes need to be demolished to build these
townhomes. Administrator Statz stated no they have already done that.
City Planner Carlson and City Attorney Glaser addressed the Commission and reviewed the
planning and legality aspects of this proposed item.
Page 1 of 3
City of Centerville
Regular Meeting Planning and Zoning Commission
March 2, 2021
Acting Chairperson Fehrenbacher opened public hearing on this item at 6:55p.m.
Mr. Steve King, 1724 Sorel Street, addressed the Commission and asked if the holding ponds
are going to be part of the townhome association or the City. Administrator Statz stated the
City would be responsible because of its location.
Mr. Ron Phillips, 7335 Brian Drive, addressed the Commission and asked if there are any
other PUDs in the City and wanted to know what would trigger a PUD to come back before
the public between the preliminary and final plat decisions.
Administrator Statz stated there are several PUDs in Centerville right now. He stated a PUD
would only come back before the public if there were some major changes that further
affected the surrounding area.
Ms. Megan Olson, 7341Deer Pass Drive - addressed the Commission and asked if the lot is
going to be completely cleared.
Administrator Statz stated the wetland area will remain mostly unaffected, especially around
the perimeter, but within the lot it will be cleared out. He noted the trees that line the location
will remain in place.
Ms. Charisa Hall, 7329 Deer Pass Drive, addressed the Commission and asked if there will
be any changes to lots in the Deer Pass neighborhood.
Administrator Statz stated no changes will be made to the Deer Pass lots.
Acting Chairperson Fehrenbacher asked if anyone from the public had further questions on
this agenda item. There were no further public comments.
Motion by Commissioner Twohy, seconded by Commissioner Kuiper to Close the
Public Hearing at 7:33p.m. All in favor. Motion carried.
V. AWARDS, PRESENTATIONS & APPEARANCES
1. None.
VI. OLD BUSINESS
1. None.
VII. NEW BUSINESS
1. Peltier Estates
a.Preliminary Plat
b.Conditional Use Permit for a Planned Unit Development
Page 2 of 3
City of Centerville
Regular Meeting Planning and Zoning Commission
March 2, 2021
Acting Chairperson Fehrenbacher called for any questions or discussion from the
Commissioners on this agenda item before asking for a motion and vote. The Commissioners
were in consensus that this item should be recommended to the City Council.
Motion by Commissioner Kubat, seconded by Commissioner Kuiper to recommend to
the City Council approval of the preliminary plat and Planned Unit Development for
Peltier Estates, with the attached findings of fact. All in favor. Motion carried.
2. Auto Repair Ordinances
There was brief discussion among the Commissioners on this item.
VIII. APPROVAL OF MINUTES
1. December 8, 2020 Planning & Zoning Commission Meeting Minutes
Motion by Commissioner Twohy, seconded by Commissioner Krueger to Approved
the December 8, 2020 Planning & Zoning Commission Meeting Minutes as presented.
All in favor. Motion carried.
IX. Announcements and Updates
1. Council Member Liaison
Council Member Liaison stated the biggest thing that is happening right now is further
discussion on the City working with Spring Lake Park-Blaine-MoundsView (SBM) Fire
Departments. He stated the city would have two full-time employees who essentially work
for (SBM). He noted it is the direction of many cities to combine their services as it is
difficult to find daytime firefighter coverage.
2.
Administrator Statz stated that the Fete des Lacs Festival Planning Committee is meeting
tomorrow on March 3 at 5:00 p.m. He noted this summer both Music in the Park is happening
on Tuesday evenings and the Main Street Market is on Thursday evenings.
X. ADJOURNMENT
Motion by Commissioner Krueger, seconded by Commissioner Kubat, to adjourn the
meeting at 8:13 p.m. All in favor. Motion carried.
Page 3 of 3
CITY OF CENTERVILLE
PLANNING AND ZONING COMMISSION
Pursuant to due call and notice thereof, the regular meeting of the Planning and Zoning Commission
held a meeting on Tuesday, July 13, 2021 at 6:30 p.m.
I. CALL TO ORDER
The meeting was called to order at 6:30 p.m. Chairperson Linda Broussard-Vickers
Present: Chairperson Linda Broussard-Vickers
Commissioner John Krueger
Commissioner David Kubat
Commissioner Darrell (DJ) Olson, Jr.
Commissioner Nick Twohy
Absent: Commissioner Les Kuiper
Staff: City Administrator Mark Statz
Council Liaison, Russ Koski
II. PLEDGE OF ALLEGIANCE
III. APPROVAL OF AGENDA
Chairperson Broussard-Vickers requested to add Vice-Chair Appointment to the agenda as
Item VII.4. and requested to move Agenda Item V.1.i., P&Z Commission Candidate
Interviews - Richard Nelson, to the end of the agenda as item VII.5.
Motion by Commissioner Kubat, seconded by Commissioner Krueger to Approve the
amended Agenda. All in favor. Motion carried.
IV. PUBLIC HEARINGS (6:30 PM or shortly thereafter)
1. Sutton Transportation
a. Preliminary Plat
b. Conditional Use Permit
Chairperson Broussard-Vickers opened the public hearing at 6:33pm.
Administrator Statz introduced and provided background on this item. He invited the
applicant forward to address the Commission.
Mr. Cliff Sutton, Sutton Transportation Owner,
why his business would like to open a shop in the City.
Page 1 of 6
City of Centerville
Regular Meeting Planning and Zoning Commission
July 13, 2021
Commissioner Kubat asked how many runs they think they will complete each day. Mr.
Sutton stated they estimate there may be about 40 truck runs a day, 20 in and 20 out.
Chairperson Broussard-Vickers asked if they will have limitations on what they will store
ing any hazardous materials or anything like
that.
Chairperson Broussard-Vickers called for any further comments or discussion on this item,
no one wished to speak.
Motion by Commissioner Twohy, seconded by Commissioner Olson to Close the Public
Hearing at 6:50p.m. All in favor. Motion carried.
2.
Chairperson Broussard-Vickers opened the public hearing at 6:51p.m.
Administrator Statz introduced and provided background on this item. He invited the
applicant forward to address the Commission.
Mr. Matt Beck, Applicant, 1313 Mound Trail
background on this item. He stated they built their house in 2020 and noted they planned to
build a garage in front of the house as eight (8) homes on his street have similar structures
located in front of their homes because they live on a lake. He stated he was unaware that it
would be an issue to build there given that is how the neighborhood has their garages placed.
He reviewed his plans and stated he has the full support of his neighbors and added the issue
seems to be in the interpretation of the wording regarding the City Code and stated he is
looking for clarification on the issue.
Mr. Nick Abernathy, 1305 Mound Trail, addressed the Commission and stated he lives next
door to the applicant and was surprised to hear his application was denied because the
proposed garage structure will look so great and he feels the size is proportionate to the house
and lot. He noted he hopes that in the future he may be able to construction a similar
accessory structure on his lot and does not see a reason that he could not move forward with
his own plans.
Mr. Art Mohler, 1321 Mound Trail, addressed the Commission and stated he is a neighbor
of the applicant and noted Mr. Beck came to him before he bought the land in 2020 and
discussed his desire to construct the garage/accessory structure. He stated that he felt that
the plans looked amazing. He also stated that he desires to construct something similar on
his lot. He noted he had built the existing garage on the property in approximately 2007 in
the same area; front yard technically due to the lake on the backside of the house, in which
the applicant is requesting.
There was discussion regarding the interpretation of the code and the area in front of the
home where the applicant wants to build the garage/accessory structure and patio. It was
discussed that the addition of the covered patio was changed slightly from the previously
submitted plan and noted that it may need to be re-addressed separately before the
Page 2 of 6
City of Centerville
Regular Meeting Planning and Zoning Commission
July 13, 2021
Commission could make a recommendation on that part of the plan. It was the consensus of
the Commission to address only the variance request this evening and noted the code may
need to be changed in the future to address issues such as these.
Chairperson Broussard-Vickers called for any further comments or discussion on this item,
no one wished to speak.
Motion by Commissioner Kubat, seconded by Commissioner Twohy to Close the
Public Hearing at 7:27p.m. All in favor. Motion carried.
3.
Chairperson Broussard-Vickers opened the public hearing on this item at 7:28 p.m.
Administrator Statz introduced and provided background on this item. He stated the
application is pretty straightforward. He noted there were some proposed changes made to
the plan and those are included in the packet this evening.
Chairperson Broussard-Vickers called for any public comments or input from the applicant,
no one wished to address the Commission.
There was a brief discussion among the Commission.
Motion by Commissioner Twohy, seconded by Commissioner Kubat to Close the
Public Hearing at 7:36p.m. All in favor. Motion carried.
V. AWARDS, PRESENTATIONS & APPEARANCES
1. P&Z Commission Candidate Interviews
i. Richard Nelson
This item was heard later in the agenda as item VII.5.
2. Block 7 Concept Plans Centra Homes
There was discussion on the item and the consensus of the Commission was that the
applicant did a good job accommodating the requests and changes proposed. It was stated
that the project would be a nice addition to the City.
VI. OLD BUSINESS
1. None.
VII. NEW BUSINESS
1. Sutton Transportation
a. Preliminary Plat
Page 3 of 6
City of Centerville
Regular Meeting Planning and Zoning Commission
July 13, 2021
b. Conditional Use Permit
c. Site Plan Review
Chairperson Broussard-Vickers called for any questions or further discussion from the
Commissioners on this agenda item before asking for a motion and vote.
Motion by Commissioner Kubat, seconded by Commissioner Olson to recommend
approval of the Preliminary Plat, Conditional Use Permit and Site Plan Review,
including the associated Findings of Fact, conditioned on the applicant addressing
comments of the City Planner, Engineer, Public Works Director and Public Safety
Officials. All in favor. Motion carried.
2.
Chairperson Broussard-Vickers called for any questions or further discussion from the
Commissioners on this agenda item before asking for a motion and vote.
Motion by Commissioner Twohy, seconded by Commissioner Krueger to recommend
approval of the Variance Request to put an Accessory Structure in the front yard while
adhering to the 35 foot setback. All in favor. Motion carried.
3.
Chairperson Broussard-Vickers called for any questions or further discussion from the
Commissioners on this agenda item before asking for a motion and vote.
Motion by Commissioner Kubat, seconded by Commissioner Olson to recommend
approval of the Preliminary Plat for Peterson Shores contingent upon addressing the
comments of the City Planner, Engineer, Public Works Director and Public Safety
Officials. All in favor. Motion carried.
4. Vice-Chair Appointment
Motion by Chairperson Broussard-Vickers, seconded by Commissioner Krueger
nominating Nick Twohy as Vice-Chair of the Planning & Zoning Commission. All in
favor. Motion carried.
5. P&Z Commission Candidate Interviews
This item was originally Agenda Item V.1.i.
The Commission presented the following set of six questions, with each Commissioner
taking turns asking a question.
Question 1: Please tell us what are your qualifications are and why you want to become a
member of the Planning and Zoning Commission?
Page 4 of 6
City of Centerville
Regular Meeting Planning and Zoning Commission
July 13, 2021
Question 2: The Planning and Zoning requires a commitment on the first Tuesday of each
month plus potential other workshops. Do you foresee any problems attending these
meetings on a regular basis? Have you ever attended a Planning and Zoning meeting, and if
so, when?
Question 3: The Planning and Zoning Commission is often required to make
recommendations on controversial applications. Describe the steps you will go through as a
Commissioner to make decisions. Who will you listen to and where will you go for advice?
Question 4: How do you feel about your ability to provide objective recommendations on
land use applications and other ordinance issues?
Question 5: Not everyone always agrees with one another. Can you describe a time when
you worked as part of a team to reach a consensus?
Question 6: Do you have any questions for us?
a. Richard Nelson
1. Mr. Nelson stated he would like to contribute to the community and noted his daughter
and grandkids live on Lakeland Circle. He stated he has lived in the City for four (4)
years and after attending a few meetings became interested in serving.
2. Mr. Nelson stated he has no conflicts with attending meetings on Tuesday evenings. He
has previously attended one (1) Planning and Zoning Commission meeting and watched
the City Council Meetings online.
3. Mr. Nelson stated in the past, working in aviation; while the profession is different, there
are similar aspects and 20 years ago he put together a recommendation for pilot training.
He stated that it was not adopted, it was read and it was a similar process of submitting
recommendations to a higher office for adoption. He stated he listens and does research
as far as advice goes.
4. Mr. Nelson stated he would want to get all the facts and keep an open mind to make good
decisions.
5. Mr. Nelson stated having a big title does not mean anything, he has learned that you need
many different departments to make a business operation work and described the work
required in his past to certify an airline from start to end. He noted he did not do it alone,
it took a team.
6. Mr. Nelson asked what else the Commission does or if there are additional meetings they
may have to review what is included in the meeting packets.
The Commissioners discussed their impression of Mr. Nelson.
Motion by Commissioner Olson, seconded by Chairperson Broussard-Vickers to
recommend that the City Council appoint or Mr. Richard Nelson to the Planning and
Zoning Commission. All in favor. Motion carried
VIII. APPROVAL OF MINUTES
Page 5 of 6
City of Centerville
Regular Meeting Planning and Zoning Commission
July 13, 2021
1. None.
IX. Announcements and Updates
1. Council Member Liaison
Council Member Koski stated Mayor Love was called away on a family emergency and he
suspects well-wishes and prayers to him and his family would be appreciated. He noted the
City Council meeting is tomorrow and Thursday they would be reviewing the contract with
Spring Lake Park/Blaine/Moundsview (SBM) regarding the Fire Administration changes.
2.
Administrator Statz stated the Block 7 purchase agreement will be reviewed at a closed
session, and hope to have it before the City Council at their July 28, 2021 meeting. He stated
that there are several projects that are taking a bit longer than they anticipated and he believes
it is due to a labor and supply chain issues. He noted Fete des Lacs started this evening and
thanked all the businesses who sponsored the event.
X. ADJOURNMENT
Motion by Commissioner Twohy, seconded by Commissioner Krueger, to adjourn the
meeting at 9:02 p.m. All in favor. Motion carried.
Page 6 of 6
CITY OF CENTERVILLE
PLANNING AND ZONING COMMISSION
Pursuant to due call and notice thereof, the Regular Meeting of the Planning and Zoning
Commission held a meeting on Tuesday, August 10, 2021 at 6:30 p.m.
I. CALL TO ORDER
The meeting was called to order at 6:30 p.m. Chairperson Linda Broussard-Vickers
1.
Administrator Statz explained that Mr. Nelson has been sworn in previously by the City Clerk;
however, he desired to administer the Oath in public also.
2. Roll Call
Present: Chairperson Linda Broussard-Vickers
Commissioner John Krueger
Commissioner David Kubat
Commissioner Darrell (DJ) Olson, Jr.
Commissioner Nick Twohy
Commissioner Les Kuiper
Commissioner Richard Nelson
Absent: None
Staff: City Administrator Mark Statz
Council Liaison, Russ Koski
II. PLEDGE OF ALLEGIANCE
III. APPROVAL OF AGENDA
Motion by Commissioner Olson, seconded by Commissioner Kuiper to Approve the
Agenda as presented. All in favor. Motion carried.
IV. PUBLIC HEARINGS (6:30 PM or shortly thereafter)
1. None.
V. AWARDS, PRESENTATIONS & APPEARANCES
1. None.
VI. OLD BUSINESS
1. orage in Residential Districts
Page 1 of 3
City of Centerville
Regular Meeting Planning and Zoning Commission
August 10, 2021
Administrator Statz introduced the item and provided and provided background. He stated
he is looking for direction from the Commission on moving forward with the changes
proposed in the revision.
There was discussion among the Commissioners regarding the changes proposed.
Chairperson Broussard-Vickers asked if they had a consensus on how to proceed this
evening and whether they were prepared to make a motion to recommend it to the City
Council. Administrator Statz stated that a motion could be made to forward the item to the
Council if desired.
Motion by Commissioner Kubat, seconded by Commissioner Olson to recommend that
the City Council approve chan
Residential Districts with the amendments from the Administrator regarding the
location of parking, which is not to be further then in front of the dwelling structure,
the line for parking in the driveway should be 10 feet, and any existing vehicles in
violation of the new code are to be registered within a six month period of time with
registration being valid for one year. All in favor. Motion carried
2.
Administrator Statz introduced this item and provided some background on it. He noted they
are revisiting this item from over a year ago and are just looking to educate the new
Commissioners on the item and determine whether or not to consider any revisions going
forward.
Administrator Statz stated they have not held a public hearing on this item in the past, so
they cannot make a motion to change the code until that is completed pending the
There was discussion among the Commissioners regarding the proposed changes to the code.
Administrator Statz stated he felt that he had enough information to bring the item back to
them at a later date and request them to call a public hearing.
VII. NEW BUSINESS
1.
Administrator Statz introduced this item and provided some background information on it.
Discussion ensued and the Commission felt that they needed additional research prior to
calling for a public hearing.
VIII. APPROVAL OF MINUTES
1. February 2, 2021 Planning & Zoning Commission Meeting Minutes
Page 2 of 3
City of Centerville
Regular Meeting Planning and Zoning Commission
August 10, 2021
Motion by Commissioner Kuiper, seconded by Commission Kubat to approve the
Planning & Zoning Commission meeting minutes of February 2, 2021 as presented.
Commissioner Nelson abstained. All others in favor. Motion carried.
2. April 6, 2021 Planning & Zoning Commission Meeting Minutes
Motion by Commissioner Jon Krueger, seconded by Commissioner Olson to approve
the Planning & Zoning Commission meeting minutes of April 6, 2021 as presented.
Commissioner Nelson abstained. All others in favor. Motion carried.
3. May 4, 2021 Planning & Zoning Commission Meeting Minutes
Motion by Commissioner Twohy, seconded by Commissioner Krueger to approve the
Planning & Zoning Commission meeting minutes of May 4, 2021 as presented.
Commissioner Nelson abstained. All others in favor. Motion carried
4. June 8, 2021 Planning & Zoning Commission Meeting Minutes
Motion by Commissioner Olson, seconded by Commissioner Kuiper to approve the
Planning & Zoning Commission meeting minutes of June 8, 2021 as presented.
Commissioner Nelson abstained. All others in favor. Motion carried
IX. Announcements and Updates
1. Council Member Liaison
Council Member Koski stated that the Parks and Recreation Committee did a great job with
the Fete des Lacs Festival. He stated the City Council meeting is tomorrow evening and
they will be voting on the Block 7 project.
2.
Administrator Statz stated he has had about a dozen inquiries about downtown
redevelopment in the past four (4) months which is promising that people are interested in
the downtown area and he noted that is the hope behind the Block 7 project and that it will
spur additional development.
X. ADJOURNMENT
Motion by Commissioner Twohy, seconded by Commissioner Krueger, to adjourn the
meeting at 8:49 p.m. All in favor. Motion carried.
Page 3 of 3
September 8, 2021
Watering Restrictions
The city currently has an odd/even watering ban and no watering may take place between
10 AM and 6 PM.
PARKS AND RECREATION
Movie in the Park
The annual Movie in the Park
event is set for September 18 at
7:30 PM in LaMotte Park. A
rain date has been established as
September 25. The event is free
to the public. Light snacks will
is Raya and the Last Dragon.
Volunteer Appreciation Event
A Volunteer Appreciation Event
th
will be held on October 14 at
the Fire Hall. Invitations are
being sent to all those who
helped the city throughout the
year, including work with: Fete
des Lacs, Adopt-a-Garden,
Clean-up Day/Earth Day, Music
in the Park, Main Street Market,
Skate Nights and more. If
volunteer, please email us at
info@centervillemn.com and
we will contact you when
volunteer opportunities arise.
Rental Assistance
If you or someone you know is
struggling to pay rent, help is
available. Make the call to 211 to
get more information.
ECONOMIC DEVELOPMENT
Quad Area Chamber of Commerce
On September 16, the QACC will host a Lunch and Learn with speakers addressing Suicide
Awareness, especially among military veterans.
Economic Development Authority (EDA)
Business Appreciation Event
The EDA is planning a Business
Appreciation Event for Thursday,
September 9 from 5 to 7 PM at LaMotte
Park. Business owners should have
received a mailed invitation. If not,
please call city hall at 651-429-3232 for
details. We are hoping to have some time
at the end of the program to hear directly
from our businesses about what the city
can do for them as they navigate the
pandemic, labor and supply shortages,
and much more.
2022 Preliminary Budget
The commission has forwarded their budget request to the city council for consideration as
Revolving Loan and Grant Program
dation for a grant application from JETS
Machine Shop to purchase signage for their Main Street location.
Half Priced Water Hook-up Fees for Businesses
Through the end of 2021, the City is offering our businesses half-priced hook-up fees for
connecting to the municipal water system.
Anoka County Regional Economic Development (ACRED)
Stakeholder Meeting
On September 2, at 1:00 PM, ACRED will hold its tri-annual partnership meeting with
communities in Anoka County, Greater MSP, Department of Employment and Economic
Development (DEED), MetroNorth Chamber of Commerce, Connexus Energy, and County
representatives to cover the following items:
ACRED Economic Development Director Update
City Updates
Greater MSP & DEED Updates
Open to Business Update
by Alignment and Regionalism Subcommittee
North Metro Development Summit
ACRED is sponsoring and co-hosting the MN Real Estate Journal North Metro Summit at
Golden Valley Country Club from 8 AM to Noon, and will be speaking about opportunities
for real estate development and investment in the north metro. ACRED City Partners can
attend this event with the County.
COMMUNITY DEVELOPMENT
Centerville Elementary School Expansion
Construction continues on schedule.
stnd
Old Mill Estates 1 and 2 Additions
The developer and city continue to work towards finishing the remaining work.
Although there has been significant progress, there are still a number of outstanding items. The
city is preparing to complete these items utili
deadline of September 7, has been established for the developer to complete the work before
the city would move in.
Block 7 Property (Downtown)
A purchase agreement has been signed with Centra Homes for the city-owned property on
rict. The developer (Centra) is working on
submittal documents for a Preliminary Plat Application.
th
Centerville Storage (20Ave. Mini Storage)
Landscaping work is complete, and the developer anticipates paving in the coming weeks, with fence,
security camera and other finishing touches to follow.
Bay View Villas (Waterworks Site)
on reestablishing the proper grades around the
pond. Work should resume on this effort in the coming days.
Although there has been significant progress, there are still a number of outstanding items. The
city is preparing to complete these items utili
deadline of September 7, has been established for the developer to complete the work before
the city would move in.
Atlas Villas Memory Care Project (1825 Main Street)
digging the ponding area and completing soil
corrections in the parking lot area. Site work should continue and be completed in the
coming weeks.
Development Inquiries
Additional inquiries from Brew Pub developer.
ity looking at industrial properties
Rehbein Commercial
the city and developer. The city is waiting
on securities, insurance and other documents to be submitted prior to signing the final plat
and authorizing its recording. A preconstruction conference for the public infrastructure
work (sewer, water, road) is being held the week of September 7. Construction should begin
shortly thereafter.
Kwik Trip
No new news with this portion of the development.
Norbella Senior Living
Norbella is preparing to break ground as soon as the site work and utilities allow. Sewer and
water fees and billing logistics are being worked out between Centerville (supplying water)
and Lino Lakes (supplying sewer).
Peterson Shores
The final plat was approved by the City Counc
gathering documents for plat recording.
Rehbein Industrial
st
This plat dedicates right-of-way on 21 Avenue south of Fairview Street and dedicates the
st
remaining right-of-way for Fairview Street, through to 21
agreement is being negotiated to cover the installation of the Fairview Street Road extension
would accommodate the proposed Sutton Transport
project (see below).
Sutton Transport
A cross-dock and warehousing facility is being
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the west side of 21 Avenue across from Distribution Alternatives. The 60-dock facility will
include a 40,000 sf warehousing area, offices and a 3-bay service station for light repair
work. An expansion area adding an additional 24 docks and 16,000 sf of warehouse is shown
for future development. The development will extend Fairview Street through, connecting
thst
20 and 21
July 28.
General
Watering ban violations
COMMUNITY ENGAGEMENT
Web Site
CenterStage
Calendar Updates
Meeting Agendas
Parks Programming Promotion
Committee Agendas/Packets uploaded
Business Email List
Reader Board
None
Meeting Schedules
Parks Programming Promotion
Community Email List
Community Events
Meeting Agendas
Comments & Concerns from Public
Noise complaint due to business activities
Connect with the City
th
on these platforms
on 20 Ave.
Social Media
FINANCE
American Rescue Plan (ARP)
The city has received the first half of our funds through the American Rescue Plan. Staff and
Council are working on a plan for the allocation of these funds.
STORMWATER/WETLAND
LaMotte Park Stormwater Reuse System Expansion
With the larger rain events over the past few weeks, the pond has risen enough to turn the
irrigation system back on. The contractor has been working to finalize the project and adjust
spray heads and zoning configurations. A final pay request is anticipated at the next City
Council meeting.
SEWER AND WATER
Commercial Water Connection Fee Assistance
businesses through the pandemic, a new program
was introduced, cutting connection fees for city water in half, through the end of 2021 for
commercial properties. If you own a commercial property in Centerville that is not currently
hooked to city water, and are interested in learning more, please call City Hall.
Wellhead Protection Plan
Now that our plan has been approved, one of our first implementation items will be to apply
for a grant to seal abandon wells. We have a list of those wishing to seal their wells already
established, but if you have one city hall know and we can
add you to the docket.
2020 Downtown Street and Utility Improvements
Paving and most punch list work is complete. Final payments will be processed soon.
PUBLIC SAFETY
Centennial Lakes Police Department
2022 Budget
The Police Governing Board and all three City
Councils have now approved the proposed 2022
budget for the Centennial Lakes Police
Department.
Reserve Officer Positions
The Centennial Lakes Police Department has
had a successful program of reserve officers.
These employees allow our department to ramp
up in times of need without the expense of a
full-time employee. Our reserve officers plan
an important role in keeping our city safe. If
you know any one interested in joining the
force, please contact CLPD during normal
business hours.
Community Emergency Response Team (CERT)
The Community Emergency Response Team program, CERT, is looking
for members of the Centennial Lakes Police Community who want to
volunteer to become trained to skillfully respond in the event of a
disaster in our communities.
CERT is a training program that prepares you to help yourself, your family, and your neighbors in the
event of a disaster. During an incident, emergency service personnel may not be able to reach
everyone right away. By getting trained in CERT, you will have the skills to help emergency
responders save lives and protect property. The role of a CERT volunteer is to help others until
trained emergency personnel arrive.
CERT teams respond to disasters and participate in drills. CERT builds a strong working relationship
between emergency responders and the people they serve. CERT builds strong relationships within
the community and neighborhoods as well.
FACT: In 95% of all emergencies, the victim or bystander provides the first immediate assistance on
the scene. Would you know what to do?
For more information contact Officer Haley Linder at hlinder@clpdmn.com or call at 763-784-
2501.
Centennial Fire District
Fire District Reorganization
now been fully transferred to the Spring
department, as of September 1. The two
positions for full-time firefighters have been filled from internal candidates (those working as
paid on call firefighters) and are now on duty during the weekday timeslot.
SBM staff have begun the process of auditing pment, training and
standard operating procedures to find any gaps or areas for improvement and to ensure proper
budgetary planning takes place.
FEMA Grant Awarded
The Centennial Fire District was recently awarded a grant of over $80,000 to purchase new
radios; a long overdue need of the department.
The district is looking for paid-on-call firefighters. Find out more at www.centennialfire.org