HomeMy WebLinkAbout2022-06-07 P & Z Packet
CITY OF CENTERVILLE
PLANNING AND ZONING COMMISSION
MEETING AGENDA
Tuesday, June 7, 2022
6:30 p.m.
Meeting is being held in-person!
Meeting Live Streamed at:
https://northmetrotv.com/centerville-stream/
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.None
V.AWARDS, PRESENTATIONS, APPEARANCES
1.Mr. Alexander Haffke, 6908 Oak Circle – Request Fence Ordinance Amendment to Allow
Construction Directly on Property Line w/o Abutting Property Owner Consent
VI.OLD BUSINESS
1.Atlas Villas Memory Care Interim Use Permit Extension
VII.NEW BUSINESS
1.Emerald Ash Borer – Ordinance Review
2.Committee Continuity Discussion
3.Rescheduling of July 5, 2022 Meeting
4.Population 5000 Discussion
VIII.APPROVAL OF MINUTES
1.April 5, 2022 Planning & Zoning Commission Meeting Minutes
IX.ANNOUNCEMENTS/UPDATES
1.Council Member Liaison
2.Administrator’s Report
X.ADJOURNMENT
INFORMATION
None
REMINDERS
City Council Meeting – TBD
Economic Development Authority – Wednesday, June 15, 2022
Planning & Zoning Commission – Tuesday, July 5, 2022 (on agenda to consider reschedule)
Parks & Recreation Committee – Wednesday, July 6, 2022
CITY OF CENTERVILLEREQUEST
FOR ACTION
Agenda Item # Department: RequestedMeetingDate:
, 2022
Planning and Zoning
V.1
TITLE OF ISSUE:
Fence Ordinance Review
BACKGROUND AND SUPPLEMENTAL INFORMATION:
A citizen has asked to address the Planning Commission to discuss the possibility of amending the Fence
Ordinances to allow for placement of a fence on the property line without permission from the neighboring
property owner.
The current ordinance requires a 2-foot setback or permission from the adjoining property owner to place the
fence on the line.
COST AND SOURCE(S) OF FUNDING:
N/A
REQUESTED ACTION:
No formal action requested. Discussion only.
For Clerk’s Use:
SUPPORTED DOCUMENTS ATTACHED
Motion By: ____________________________________
Resolution Ordinance Contract Minutes Plan Map
Second By: ____________________________________
X
Vote Record: Aye Nay
_____
_____
Other (specify) ____________
_____ _____
_____ _____
_______________________________________________________________
_____ _____
_____
_____ _______________________________________________________________
_____
_____
_____
Refer to: _________________________________
Tabled Until: ______________________________
Consent
Other: ___________________________________
Regular
CITY OF CENTERVILLEREQUEST
FOR ACTION
Agenda Item # Department: RequestedMeetingDate:
June 7, 2022
Planning and Zoning
VI.1
TITLE OF ISSUE:
Atlas Villas Memory Care - Interim Use Permit Extension
BACKGROUND AND SUPPLEMENTAL INFORMATION:
The developers of the Atlas Villas Memory Care facility have experienced some delays due to supply chain and
building material cost overruns, during the construction of their building on Main Street. The Interim Use
Permit they were granted in 2020 allows the permit to be "...renewed annually, by the approval of the City
Council upon the Landowner's demonstration of their intent to seek an operating license...". The developer has
submitted a request for renewal and has demonstrated their intent to seek licensure.
Staff finds that the delays were beyond the control of the applicant and that they are still making a concerted
effort to obtain licensure. Therefore, we recommend approving the extension.
COST AND SOURCE(S) OF FUNDING:
N/A
REQUESTED ACTION:
Motion to recommend approval of a one-year extension to the Interim Use Permit for Atlas Villas Memory
Care.
For Clerk’s Use:
SUPPORTED DOCUMENTS ATTACHED
Motion By: ____________________________________
Resolution Ordinance Contract Minutes Plan Map
Second By: ____________________________________
Vote Record: Aye Nay
_____
_____
Email from Applicant, IUP
Other (specify) ____________
_____ _____
_____ _____
_______________________________________________________________
_____ _____
_____
_______________________________________________________________
_____
_____
_____
_____
Refer to: _________________________________
Tabled Until: ______________________________
Consent
Other: ___________________________________
Regular
Mark Statz
From:Gonion Group <management@goniongroup.com>
Sent:Tuesday, May 31, 2022 11:37 AM
To:Mark Statz
Subject:Re: Centerville Update
Caution:Thisemailoriginatedoutsideourorganization;pleaseusecaution.
HiMark,
Wewouldliketoapplyforaoneyearextensionofourinterimusepermit.Ourcontractorhadseveralconstruction
delaysandsupplyshortagesthathavepushedbackouropeningdateuntilAug1stof2022.Allconditionsremainthe
sameasouroriginalapplication.Welookforwardtoworkingwiththecityandprovidingthecommunityabeautiful
memorycarefacility.
Thankyou,
AmberandRickGonion
Coowners
GonionGroupLLC
Ph:6517567335
Management@goniongroup.com
Www.goniongroup.com
OnApr11,2022,at12:04PM,MarkStatz<MStatz@centervillemn.com>wrote:
RickandAmber,
Youarealwayswelcometoapplyforwhateverzoningpermissionsyouwish.However,Ithinktheintent
ofyourInterimUsePermitwastoguideustowardstheeventualityofaConditionalUsePermit.The
lanningCommissiongaveforgrantingaCUPtotheNorbellaFacitlitywithoutgoing
reasonstheP
throughtheoneyearIUPperiodwastheirextensiveexperienceoperatingsimilarfacilities.IfIrecall
correctly,youhaveexperienceworkinginsimilarfacilities,butthiswouldbethefirstyouownedand
operated.
Iwouldencourageyoutosimplysubmitashortletter,requestingaoneyearextensiontoyourIUP,
sitingconstructiondelays(orwhateverotherreasons)aswhytheextensionisnecessary.Lƒsure
everyonewillunderstandtheissues.
IfǤƚǒķliketochatfurtherabouttheprocess,Lƒhappytomeetwithyouanytime.Justletmeknow.
Thanks.
Mark Statz, PE
City Administrator/Engineer
City of Centerville
1
1880 Main St.
Centerville, MN 55038
O: 651-429-3232
D: 651-792-7931
C: 651-775-5126
mstatz@centervillemn.com
www.centervillemn.com
@centervillemn
From:GonionGroup<management@goniongroup.com>
Sent:Monday,April11,202211:55AM
To:KurtGlaser<kglaser@bbkglaw.com>
Cc:MarkStatz<MStatz@centervillemn.com>;TeresaBender<TBender@centervillemn.com>
Subject:Re:CentervilleUpdate
Caution:Thisemailoriginatedoutsideourorganization;pleaseusecaution.
Woulditbepossibletobegrantedaconditionalusepermit?WeweremadeawarethatthenewNor
BellaAssistedLivingfacilitywasgrantedaCUPvsanIUP.
Thankyou,
AmberandRickGonion
Coowners
GonionGroupLLC
Ph:6517567335
www.goniongroup.com
management@goniongroup.com
The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location.
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OnApr11,2022,at11:46AM,KurtGlaser<kglaser@bbkglaw.com>wrote:
IthinkaletterfromGoniontotheCouncilaskingforaoneyearextensionoftheIUPis
appropriate.
2
YouorIcanfollowupwithawrittenexplanationtotheCouncilexplaininghowGonion
isaskingforaoneyearextensionascontemplatedbytheIUP.
________________________________________________________________________
_______
KurtB.Glaser
AttorneyAtLaw
<image001.png>
333WashingtonAvenueNorth
405UnionPlazaBuilding
Minneapolis,Minnesota554011370
6122132325Direct
6123336513Main
6123333821Fax
www.BBKGlaw.com
This communication is from an attorney and may contain confidential or privileged
information. If you are not the intended recipient, please notify the sender immediately and
destroy all hard and electronic copies of this message and attachments. This communication
does not constitute a contract or agreement. Thank you.
From:MarkStatz<MStatz@centervillemn.com>
Sent:Monday,April11,202210:24AM
To:KurtGlaser<KGlaser@bbkglaw.com>
Cc:TeresaBender<TBender@centervillemn.com>;GonionGroup
<management@goniongroup.com>
Subject:RE:CentervilleUpdate
Kurt,
WhatmightbeanappropriatewayfortheDƚƓźƚƓƭtoaskforthisextension?Woulda
simpleletterdothetrick?ShouldtheyreapplyforanInterimUsePermit?
From:KurtGlaser<KGlaser@bbkglaw.com>
Sent:Monday,April11,202210:22AM
To:GonionGroup<management@goniongroup.com>;MarkStatz
<MStatz@centervillemn.com>
Cc:TeresaBender<TBender@centervillemn.com>
Subject:RE:CentervilleUpdate
Caution:Thisemailoriginatedoutsideourorganization;pleaseusecaution.
HelloRickandAmber
ItisworthareminderthattheInterimUsePermitissuedbytheCityrequiresAtlasto
obtainaConditionalUsePermitinordertooperatethefacility,and/ortoobtainone
yearextensionsoftheIUP.TheIUPiscurrentlyexpired.Isuggestthatyouconsider
askingtheCounciltoextendthatpermitbyaskingforaoneyearextensionoftheIUP.
Overall,thepurposeoftheIUPwastoobserveyouroperationsinordertocreate
3
customizedconditionsforafutureConditionalUsePermit.Hereareafewofthe
importantparagraphsfromtheIUP:
5) Users of the Subject Property are encouraged to call for
emergency services to the Subject Property. The City is using the
period of this interim use to evaluate the nature of calls for
emergency services used by the facility operating at the Subject
Property. If the nature of those calls becomes excessive, at such
time as the Landowner may apply for a Conditional Use Permit, the
City may consider such action as, but not limited to, imposing
conditions on the Landowner to compensate the City for excessive
calls for emergency services, or it may deny the Permit.
6) This Interim Use Permit may be renewed annually by the
approval of the City Council upon the Landowner’s demonstration
of their intent to seek an operating license for a 16-unit senior
living/memory care facility on the Subject Property.
7) Once the Landowner’s licensure to operate a 16-unit senior
living/memory care facility on the Subject Property has been
granted, and the facility accepts its first patient, the City will
observe the facility’s operations for a period of one-year.
8) During the one-year period of observation, the Landowner shall
cooperate with the City’s review and investigation of its operations.
The Landowner shall permit the City access to its records and
provide responsive information as requested. This Interim Use Permit
may be renewed to facilitate this one-year period of observation,
thereafter, no further renewal of the Interim Use Permit will be
granted. After the close of this observation period and expiration of
the Interim Use Permit, the Landowner must obtain a Conditional
Use Permit from the City in order to continue operating its facility.
________________________________________________________________________
_______
KurtB.Glaser
AttorneyAtLaw
<image002.png>
333WashingtonAvenueNorth
405UnionPlazaBuilding
Minneapolis,Minnesota554011370
6122132325Direct
6123336513Main
6123333821Fax
www.BBKGlaw.com
This communication is from an attorney and may contain confidential or privileged
information. If you are not the intended recipient, please notify the sender immediately and
4
destroy all hard and electronic copies of this message and attachments. This communication
does not constitute a contract or agreement. Thank you.
From:GonionGroup<management@goniongroup.com>
Sent:Sunday,April10,20226:20PM
To:MStatz<MStatz@centervillemn.com>
Cc:GonionGroup<management@goniongroup.com>;KurtGlaser
<KGlaser@bbkglaw.com>;TeresaBender<TBender@centervillemn.com>
Subject:Re:CentervilleUpdate
HiMark,
Thebuildingisfinallynearingcompletion.Weareanticipatingbeingabletoopenonor
aroundJune1stasweneedtoobtainlicensingbeforethatcanhappen.
Pleaseletusknowwhatyouneedforthezoningpermitandwewillgetthatovertoyou
ASAP.
Thanks,
AmberandRickGonion
Coowners
GonionGroupLLC
Ph:6517567335
www.goniongroup.com
management@goniongroup.com
The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location.
The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location.
OnApr10,2022,at5:48PM,MarkStatz<MStatz@centervillemn.com>
wrote:
RickandAmber,
AnyupdateIcangivethecommunityonAtlasVillas?
Asyounearyouropening,weshoulddiscusswhereweareatwithyour
cityInterimUsePermit.Ithinktheanticipatedtimelinefromthat
permithascomeandgone.Weshouldlookatreformulatingthat
permit.Iwouldhatetoseethatissueholdyouup.
5
LǝĻcopiedourCityAttorney,KurtGlaser,tothisemail.Youshould
reachouttohimtomakesureyougethimwhatyouneed,soyourcity
zoningpermitisproperlyinplace.Hecanbereachedat(612)213
2325,orviaemailasshownintheCClineofthismessage.
Thanks.
p.s.Pleasealsoreachouttouswhenyouarereadytohaveanopen
houseorgrandopening.Ļķlovetohelpyouintroduceyourselfto
thecommunity.
Mark Statz, PE
City Administrator/Engineer
City of Centerville
1880 Main St.
Centerville, MN 55038
O: 651-429-3232
D: 651-792-7931
C: 651-775-5126
mstatz@centervillemn.com
www.centervillemn.com
@centervillemn
6
CITY OF CENTERVILLEREQUEST
FOR ACTION
Agenda Item # Department: RequestedMeetingDate:
June 7, 2022
Planning and Zoning
VII.1
TITLE OF ISSUE:
Emerald Ash Borer - Ordinance Review
BACKGROUND AND SUPPLEMENTAL INFORMATION:
The Emerald Ash Borer (EAB) has now begun affecting Centerville, several citizens have expressed concerns
about the city's ability to compel neighbors to remove diseased trees, siting safety concerns.
The city's current nuisance ordinance has some language which could be used, but some additional specificity
may be prudent.
The city's attorney recently helped the city of Lexington revise their ordinances to address this issue. Language
from that ordinance is attached along with the city's current ordinances.
COST AND SOURCE(S) OF FUNDING:
N/A
REQUESTED ACTION:
Motion to call for a public hearing on the city's nuisance ordinance, as it relates to diseased trees.
For Clerk’s Use:
SUPPORTED DOCUMENTS ATTACHED
Motion By: ____________________________________
Resolution Ordinance Contract Minutes Plan Map
Second By: ____________________________________
X
Vote Record: Aye Nay
_____
_____
Other (specify) ____________
_____ _____
_____ _____
_______________________________________________________________
_____ _____
_____
_______________________________________________________________
_____
_____
_____
_____
Refer to: _________________________________
Tabled Until: ______________________________
Consent
Other: ___________________________________
Regular
(A)All gambling devices, slot machines and punch boards, except as otherwise authorized by
federal, state or local law;
(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 ANDSAFETY.
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
88|Page
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,
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 bodies
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
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;
89|Page
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:1|Page
CITY OF LEXINGTON
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 21-01
AN ORDINANCE REVISING CHAPTER 10 REGARDING
SHADE TREE REGULATION
WHEREAS, the Planning and Zoning Commission considered the adoption of these
revisions to Chapter 10.30 of the Lexington Code of Ordinances on December 03, 2020, and did
RECOMMEND the ordinance revisions set forth.
WHEREAS, the first reading of this Ordinance occurred on January 7, 2021.
WHEREAS, the second reading of this Ordinance occurred on January 21, 2021.
THE CITY COUNCIL OF LEXINGTON DOES HEREBY ORDAIN AS FOLLOWS:
Subdivision 1. Chapter 10.30 of the Lexington Code of Ordinances, effective until this
day, is deleted.
Subdivision 2. Chapter 10.30 of the Lexington Code of Ordinances, henceforward, shall
read as follows.
SECTION 10.30. SHADE TREE REGULATION
Subd. 1. - Findings and purpose.
The city desires to protect the trees and woodlands in the City of Lexington. Trees
and woodlands provide numerous environmental, economic, and scenic benefits. They
help filter air pollutants, absorb stormwater runoff, provide wildlife habitat, moderate
temperatures, reduce cooling costs, increase property values, provide scenic beauty,
provide sound and visual buffers, and provide screening for privacy. It is therefore the
city's intent to protect, preserve, and enhance the trees and woodlands of Lexington and
to encourage a resourceful and prudent approach to development in the city thereby
promoting and protecting public health, safety, and welfare of the citizens of Lexington.
The purpose of this Section is to establish tree preservation and protection regulations
which apply to public and private property to assure the continuance of significant and
specimen trees and woodlands for present and future generations which:
(1) Preserve the natural character of neighborhoods (in developed and
undeveloped areas).
(2) Ensure the health and wellbeing of Lexington's urban forest.
(3) Protect the health and safety of residents.
(4) Protect water quality and minimize stormwater runoff.
(5) Help prevent erosion or flooding.
(6) Assure orderly development within wooded areas to minimize tree loss and
environmental degradation.
(7) Establish a minimum standard for tree preservation and mitigation of
environmental impacts resulting from tree removal.
(8) Ensure the city's urban forest has a good age distribution, from young trees
through large old specimen trees.
Subd. 2. - Definitions.
a.)The following words, terms and phrases, as used in this Section, shall have the
meanings ascribed to them in this Section:
Applicant means developer, builder, contractor, or owner who applies for a woodlot
alteration, land use, grading, or building permit.
Certified arborist means an arborist with up-to-date certification by the International
Society of Arborists.
City forester means a forester who is employed by the city or appropriate agent or
independent contractor designated by the city administrator.
Conifer tree means a woody plant that is a member of the division Pinophyta and at
maturity is at least 12 feet or more in height. Conifers are cone bearing and most in our
climate keep their leaves (also called needles) year-round. Tamarack (also called larch) is
the one conifer in our climate that drops its needles in the fall.
Control includes measures to prevent, slow the spread, suppress, eradicate, or
destroy a shade tree disease or pests.
Deciduous tree means a woody plant, which sheds leaves annually, having a defined
crown and at maturity is at least 15 feet or more in height.
Hardwood deciduous tree means all deciduous tree species except those listed as
softwood deciduous trees below.
Hazard tree means a tree that has structural defects that may cause the tree or tree
part to fail, and the city forester determines that such failure could cause property damage
or personal injury.
Invasive species means species that are not native to Minnesota and cause economic
or environmental harm or harm to human health.
Shade tree means a woody perennial that at maturity is at least 15 feet in height and
grown primarily for aesthetic or environmental purposes.
Shade tree pest means any vertebrate or invertebrate animal, plant pathogen, or plant
that is determined by the city council to be harmful, injurious, or destructive to shade
trees or community forests.
Softwood deciduous tree means the following tree species: box elder, cottonwood,
elm, poplar/aspen, silver maple, and willow.
Tree standards mean a separate document authorized through this Section to help
achieve the goals of the city's tree ordinance and living streets policy. The standards
highlight important aspects of the requirements for tree preservation, removal,
replacement, and shade tree pest management. The standards do not replace or supersede
city ordinances.
b.)Any tree or part of tree declared a diseased or hazardous tree when abated
pursuant to this section is not considered firewood and shall be removed as part
of any abatement.
Subd. 3. - Standards.
The Building official or city forester shall have the authority to develop tree
standards concerning the management of trees. These standards shall not be contrary to
this Section.
Subd. 4. - Diseased and hazardous trees.
(a)Findings and declaration of purpose. The health of trees in the city is threatened by
epidemic shade tree pests. Hazardous trees can cause property damage or personal
injury. The loss of trees, ill health of trees, or presence of hazardous trees on public
and private property depreciates the value of property within the city and impairs the
safety and general welfare of the public. In addition to, and in accordance with,
Minn. Stats. §§ 89.001, 89.01, and 89.51—.64, the provisions of this Section are
adopted as an effort to control and prevent the spread of these shade tree pests.
(b)Declaration of a shade tree pest. The Building official or city forester may declare
any vertebrate or invertebrate animal, plant pathogen, or plant in the community
threatening to cause significant damage to a shade tree or community forest to be a
shade tree pest and prescribe control measures to effectively eradicate, control, or
manage the shade tree pest as defined by Minn. Stats. § 89.001.
(c)Public nuisances. Public nuisances relating to trees include all hazard trees and
trees otherwise are outlined in the tree standards.
(d)Inspection.
(1) The Building official or city forester shall have the ability and authority to
inspect all premises and places within the city for public nuisances relating to
trees. Inspection shall be of living or dead trees, parts of trees, stumps, and
firewood.
(2) The Building official or city forester may enter upon private premises at any
reasonable time for the purpose of carrying out any of the duties assigned under
this ordinance.
(e)Abatement of nuisance trees.
(1) The Building official or city forester shall notify in writing the owner of record
or occupant of the premise that a public nuisance exists. The notice shall specify
the measures to be taken to abate the nuisance and shall specify that the nuisance
shall be abated within a reasonable amount of time, not less than ten days from
the date of mailing.
(2) If the owner fails to comply with the removal or control measures specified for
the hazard tree, infested tree, or wood on his/her property as outlined in this
Section and the tree standards, and within the time specified, the Building
official or city forester may order the work done either by city employees or by
contractor. The cost of this work shall be billed to the owner. If the bill is not
paid within 30 days, the city shall assess the costs to the property.
(f)Emergency abatement. Nothing in this Section shall prevent the city, without notice
or other process, from immediately abating any condition that poses an imminent and
serious hazard to human life or safety.
Subd. 5. - Transporting Wood Prohibited.
It is unlawful for any person to transport firewood into or through the City unless it
has been subjected to a state-certified process to reduce the risk of it carrying a regulated
pest or disease, and the firewood bears proof or a written certification that it has been
subjected to that process.
Subd. 6. - Enforcement.
The city shall be responsible for the enforcement of this Section. Any person who
fails to comply with or violates this Section shall be deemed guilty of a misdemeanor. In
addition to criminal prosecution, the City shall suspend all land use, building, and grading
permits until the applicant or owner has corrected the violation. Each day that a separate
violation exists shall constitute a separate offense.
The city reserves the right to inspect the site or property at any reasonable time for
compliance with tree standards. If the city finds the site or property in violation, the city
may issue a stop work order until conditions are corrected.
If the property owner failed to pay the City for services rendered pursuit to this
Section, the City shall collect its costs pursuant to assessment against a parcel where
services have been rendered pursuant to Minn. Stat. Sec. 429.101.
Subdivision 3. This Ordinance shall be in full force and effect from and after its adoption
and publication as required by law.
PASSED by the City Council of the City of Lexington this ____ day of ___________, 2021.
____________________________________
Michael Murphy, Mayor
ATTEST:
________________________________
Bill Petracek, City Administrator
Published in the Quad Press on ___________________ ##, 2021
CITY OF CENTERVILLEREQUEST
FOR ACTION
Agenda Item # Department: RequestedMeetingDate:
June 7, 2022
Planning and Zoning
VII.2
TITLE OF ISSUE:
Committee Continuity Discussion
BACKGROUND AND SUPPLEMENTAL INFORMATION:
Staff has been contacted by two members of the Planning and Zoning Commission who wish to step down from
their positions. However, both have expressed a willingness to remain in their seats until a replacement can be
identified, and as long as their family and work circumstances allow. With the possibility of losing two
members in the near future, we wanted to discuss the idea of posting for two open positions on the Planning
Commission, prior to their actually being an open seat.
COST AND SOURCE(S) OF FUNDING:
N/A
REQUESTED ACTION:
Motion to request that the City Council authorize posting of two open seats on the Planning and Zoning
Commission.
For Clerk’s Use:
SUPPORTED DOCUMENTS ATTACHED
Motion By: ____________________________________
Resolution Ordinance Contract Minutes Plan Map
Second By: ____________________________________
Vote Record: Aye Nay
_____
_____
Other (specify) ____________
_____ _____
_____ _____
_______________________________________________________________
_____ _____
_____
_______________________________________________________________
_____
_____
_____
_____
Refer to: _________________________________
Tabled Until: ______________________________
Consent
Other: ___________________________________
Regular
CITY OF CENTERVILLEREQUEST
FOR ACTION
Agenda Item # Department: RequestedMeetingDate:
June 7, 2022
Planning and Zoning
VII.3
TITLE OF ISSUE:
July 5, 2022 Planning & Zoning Commission Meeting
BACKGROUND AND SUPPLEMENTAL INFORMATION:
The next Planning & Zoning Commission meeting is scheduled July 5th. Staff is
the commission consider moving their meeting due to the
July 4th holiday.
COST AND SOURCE(S) OF FUNDING:
N/A
REQUESTED ACTION:
Motion to move the July Planning & Zoning Commission meeting to xx date in July, due to the July 4th
holiday.
For Clerk’s Use:
SUPPORTED DOCUMENTS ATTACHED
Motion By: ____________________________________
Resolution Ordinance Contract Minutes Plan Map
Second By: ____________________________________
Vote Record: Aye Nay
_____
_____
Other (specify) ____________
_____ _____
_____ _____
_______________________________________________________________
_____ _____
_____
_____ _______________________________________________________________
_____
_____
_____
Refer to: _________________________________
Tabled Until: ______________________________
Consent
Other: ___________________________________
Regular
CITY OF CENTERVILLEREQUEST
FOR ACTION
Agenda Item # Department: RequestedMeetingDate:
June 7, 2022
Administration/Engineering
VII. 4
TITLE OF ISSUE:
Population 5000 Discussion
BACKGROUND AND SUPPLEMENTAL INFORMATION:
The city's 2040 Comprehensive Plan addresses the future land uses, including the density of residential uses. If
that plan is followed, in terms of the types and densities of uses, the city's build-out population will be over
5000 people. Exceeding this population threshold is a stated goal in the plan. There are substantial financial
implications to reaching such a population (about $300,000 in "State Aid" street funding, annually). This
would be about 10% of the city's current general fund budget. Development patterns in Centerville over the last
25 years have trended towards the lower end of planned densities. As part of the City Council's Strategic Plan,
they identified the need for an explicit conversation on the question of whether or not "Population 5000" should
continue to be a goal of the city. The Commission should begin this discussion and look at ways to
thoughtfully examine the issue, perhaps including public input strategies.
COST AND SOURCE(S) OF FUNDING:
N/A
REQUESTED ACTION:
Discussion only.
For Clerk’s Use:
SUPPORTED DOCUMENTS ATTACHED
Motion By: ____________________________________
Resolution Ordinance Contract Minutes Plan Map
Second By: ____________________________________
Vote Record: Aye Nay
_____
_____
State Aid Fact Sheet; Population forecast
Other (specify) ____________
_____ _____
_____ _____
scenrios, density map; 2021 Population Estimates
_______________________________________________________________
_____ _____
_____
_______________________________________________________________
_____
_____
_____
_____
Refer to: _________________________________
Tabled Until: ______________________________
Consent
Other: ___________________________________
Regular
5249583854636058
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83748374837482.704441111112.703232328686862.301818184141412.302424245555552.302424245555552.5020136853550292013382.50641332021613325042.00103.0107.0110.0206.0214.0220.0
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CITY OF CENTERVILLE
PLANNING AND ZONING COMMISSION
Pursuant to due call and notice thereof, the Regular Meeting of the Planning and Zoning
Commission held in Council Chambers on Tuesday, April 5, 2022 at 6:30 p.m.
I. CALL TO ORDER
The meeting was called to order at 6:30 p.m.
1.Roll Call
Present: Acting Chairperson John Krueger
Chairperson Linda Broussard-Vickers (via Zoom)
Commissioner David Kubat
Commissioner Les Kuiper
Commissioner Darrell (DJ) Olson, Jr.
Commissioner Richard Nelson
Absent: None
Staff: City Administrator, Mark Statz
Assistant City Administrator, Athanasia Lewis
Council Liaison, Russ Koski
City Planner, Phil Carlson
City Attorney, Kurt Glaser
II. PLEDGE OF ALLEGIANCE
III. APPROVAL OF AGENDA
Administrator Statz noted that there was one change to the packet, but not to the agenda.
Motion by Commissioner Kuiper, seconded by Commissioner Olson to Approve the
Agenda as presented. All in favor. Motion carried.
IV. PUBLIC HEARINGS (6:30 PM or shortly thereafter)
None
V. AWARDS, PRESENTATIONS & APPEARANCES
1.None
VI. OLD BUSINESS
None
Page 1 of 3
City of Centerville
Planning and Zoning Commission
April 5, 2022
VII. NEW BUSINESS
1.Project Banjo
a.Concept Plan Review
Administrator Statz noted that an informal review of project Banjo allows the Planning & Zoning
commission an opportunity to discuss the project prior to it going through the formal submittal
process. City Planner Phil Carlson reviewed the planning memo as presented in the packet. Key
points are whether to process the project as a planned unit development (PUD) or as a straight
conditional use permit (CUP). The Zoning code table lists warehouse/distribution as a permitted
use. Conditional use permits are needed for the following: (1) truck terminal, (2) outdoor storage,
(3) height. With regard to the height requirement, Administrator Statz noted that anything above
35ft triggers a conditional use permit (the proposed height of the building is 44ft). The use is allowed
with the CUP, however conditions will be applied.
Administrator Statz reviewed the preliminary traffic study as presented in the packet. The
preliminary study looked at levels of service (LOS) during morning and evening peak hours, and
concluded that there will not be any intersection issues. The existing levels of service are between
A and B and the impact of new traffic would change the level of service to C and D, which is
considered “acceptable” per industry standards. Administrator Statz requested the traffic study be
st
revised to include calculations on additional inputs such as traffic north of 21 Avenue, and stacking
on Center Street. Administrator Statz noted that the study was based on vans leaving the facility
between 9:30am and 11:00am and returning between 7:30am and 9:00am. Discussion ensued about
st
adding a left turn lane on 21 (to increase accessibility to businesses in Lino Lakes), adding a three
st
lane design from Commerce Drive up to Main Street, and the future punch-through of 21 Avenue,
and associated traffic impacts on future development of the area.
Administrator Statz also reviewed the Sidewalk and Trail Map, showing where existing, proposed,
and future routes are; he suggested the board consider having a second east west connection over
st
21.
City Attorney Glaser noted there is a not section in the city code where an applicant can directly
apply for a PUD, but there is a section noting that if the Board thinks the project is best handed by
a PUD, they can ask the developer submit the project this way. Attorney Glaser also noted that
adopting a PUD provides the city greater flexibility, as well as an opportunity for the city and
developer to go back and forth on conditions. Attorney Glasser added that there are two controls in
the plan: there is an option for a CUP on certain elements of the project, and there is site plan review.
Attorney Glaser suggested that the Board require a PUD for Banjo. Discussion ensued about the
pros and cons of approving a PUD. Administrator Statz noted the downside of a PUD is that they
can be cumbersome administratively if there are several of them. With a PUD, the Zoning code and
performance code get thrown out the door and everything else is negotiable. For any changes to this
site, the PUD would need to be referenced, not the Zoning code. A PUD allows the city to follow
the intent of the ordinance, without following the letter of the law.
The applicant, Dan Mueller from Ryan Companies, provided a brief overview of project Banjo,
noting that Banjo is a Type-A industrial facility and an e-commerce company that delivers products
to residential homes by way of passenger vans. Mr. Mueller added that he would like to hear
feedback from the community on the proposal. The Board asked a few questions about the impact
Page 2 of 3
City of Centerville
Planning and Zoning Commission
April 5, 2022
of traffic in the area, and they expressed support of the project. The applicant is open to processing
their project as a PUD.
b.Consideration of a Planned Unit Development
Discussion ensued about requiring the applicant to submit an application for a PUD.
Motion by Commissioner Kubat, seconded by Commissioner Olson to require the
development be submitted as a PUD, finding that the proposed development could be
best handled as a PUD. All in favor. Motion carried.
Motion by Commissioner Kubat, seconded by Commissioner Olson to call for a public
hearing for Banjo on May 3, 2022 at the regular Planning and Zoning Commission. All
in favor. Motion carried.
VIII. APPROVAL OF MINUTES
1.March 1, 2022 Planning & Zoning Commission Meeting Minutes
Motion by Commissioner Kuiper, seconded by Commissioner Olson to approve the
Planning & Zoning Commission meeting minutes of March 1, 2022. All others in favor.
Motion carried.
IX. Announcements and Updates
1.Council Member Liaison
Council Liaison did not have a report.
2.Administrator’s Report
City Administrator Statz reviewed the administrator’s report as presented, and he added that
staff is in the process of preparing a development map that shows where all the active
developments are. There are 19 active sites.
X. ADJOURNMENT
Motion by Commissioner Olson, seconded by Commissioner Kuiper to adjourn the
meeting at 8:48 p.m. All in favor. Motion carried.
Page 3 of 3
Administrator/Engineer’s Report
June 08, 2022
VOLUNTEER OPPORTUNITIES
We have a number of volunteer opportunities, which include spots on our boards and
commissions as well as single-event spots that need to be filled. It’s a great way to get to know
your neighbors and be a part of your community. For questions on any of these positions,
please call City Hall at 651-429-3232.
Parks & Recreation Committee – Open Seat
o Meets monthly on the First Wednesday at 6:30 PM
Economic Development Authority – Open Seat
o Meets monthly on the Third Wednesday at 6:30 PM
Fete des Lacs Volunteer
o Multiple spots for various events July 12-17th
Garage Sale Days
This year’s Garage Sale Days is scheduled for June 10 & 11. Get out and meet your neighbors
and find your treasures.
PARKS AND RECREATION
Committee Seat Available
A vacant seat remains on the City’s Parks and Recreation Committee. Please call City Hall or
email info@centervillemn.com if interested.
Emerald Ash Borer
The Parks and Rec Committee has recommended the treatment of 19 specimen trees in the
city’s parks system against the Emerald Ash Borer. Other Ash trees in more wooded areas
will be monitored and removed, if diseased.
Strategic Plan
The Parks and Rec Committee continues work on its strategic plan. If you’d like to give input,
we are always happy to receive your thoughts. Just give us a call or email us at
info@centervillemn.com
Volunteer Appreciation Event
The second annual Volunteer Appreciation Event is being planned for this fall, by the Parks
and Recreation Committee.
ADMINISTRATION
Website Update
th
Staff met with CivicPlus on May 26 for the website
redesign kickoff meeting. At this meeting, staff met the
project team, discussed phases of the project, and received the project timeline. Staff is in the
process of collecting and uploading content for the new website. We will keep you involved
and up to date as we move through this process. The website and mobile app are expected to
rd
launch together on October 3!
Meeting and City Hall Schedule
June 15, 2022, 2022 6:30 p.m. – Economic Development Authority
June 7, 2022, 6:30 p.m. - Planning & Zoning Commission meeting
June 20 (on agenda for rescheduling), 2022, 6:30 p.m. – City Council Meeting
July 6, 2022, 6:30 p.m. – Parks & Recreation Committee meeting
CENTERVILLE CARES
Last year President Biden signed into
lawJuneteenth National Independence Day Act, S.
475,creating a federal holiday to commemorate
Juneteenth. This is the first federal holiday approved
since Martin Luther King Jr. Day in 1983. June 19,
2021 marks the 156th anniversary of the last African
American slaves being freed in Texas. On June 19,
1865, federal troops arrived in Galveston, Texas to
take control of the state and ensure that all enslaved
people be freed. This, however was two and a half
years after the Emancipation Proclamation went
into effect January, 1863. This day, the oldest
known celebration commemorating the end of
slavery in the United States, has become a day for
African Americans to celebrate not only their
freedom, but their history, culture and achievements. Click on the following link to read
President Biden’s Proclamation: https://www.whitehouse.gov/briefing-room/presidential-
actions/2021/06/18/a-proclamation-on-juneteenth-day-of-observance-2021/
ECONOMIC DEVELOPMENT
Economic Development Board (EDA) Upcoming Vacancy
The Centerville Economic Development Authority (EDA) is looking for interested citizens to
serve on the EDA board. Members of the EDA play an integral role in the community by
providing assistance to local businesses and prospective businesses, thereby encouraging
investment in the community. If you are interested in serving on the EDA board, please contact
the city at 651-429-3232 to learn more! Eligible candidates must either reside in Centerville,
or own a business within the city’s boundaries.
Ribbon Cutting – Centerville Storage
The city and Quad Area Chamber have been working
together to organize a grand opening for Centerville Self
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Storage. Ribbon Cutting will take place at 6965 20
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Avenue in Centerville on June 7 at noon.
Welcome Centerville Storage! We are glad that you chose
to make Centerville your home.
Quad Area Chamber of Commerce
Quad Area Chamber Lunch & Learn Speed Networking – June 15
Business Expos
o Centerville Fete des Lacs – July 12-17
o Lino Lakes Blue Heron Days – August 18, 19, 20
o Lexington Fall Fest – September
Click on the link below for more information:
https://www.quadareachamber.org/qacc-calendar749d6a73
COMMUNITY DEVELOPMENT
Project Map
Staff has prepared a map of all active developments to help everyone get a better picture of
what’s happening around our community. The number you see at the heading of each item in
this section corresponds to a number on the map, which is attached to the end of this report.
(9) Block 7 Property (Downtown) – “Sorel Quarter”
An application for final plat has been received. As the developer and city staff continue work
on a developer’s agreement, we anticipate the council being able to consider approval of
everything at its second meeting in June.
A major reason for the long road to a development agreement has been the issues surrounding
the CDBG funds and the stipulations regarding affordable units on the site. While the county
has been cooperative, the issues are complex and involve multiple layers of approval on their
end. We wanted the Council and community to understand that it is not the developer holding
things up at this point.
Centerville Elementary School Expansion
School staff and consultants were able to find a work-around to solve some supply chain issues.
The work in the building is nearing completion and should receive their certificate of
occupancy soon.
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(3)(4) Old Mill Estates 1 and 2 Additions
The developer is looking to finalize his punch list by June 10. Once this is done, the city can
release their letter of credit.
City staff and the homeowner adjacent to the trail on Old Mill Court have been exploring an
alternative to the boardwalk concept. In short, we would be moving a retaining wall, without
encroaching on the wetland. The wall can move about 4 to 5 feet, which is looking like a more
financially feasible option at this point and one that both the city and homeowner can be happy
with.
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(16) Centerville Storage (20Ave. Mini Storage)
A Grand Opening will be held on June 7, from Noon to 1 PM. Come check it out!
(1) Bay View Villas (Waterworks Site)
Correspondence has been sent to the developer regarding final punch list items. We are
awaiting a response.
(8) Atlas Villas Memory Care Project (1825 Main Street)
Work inside the building is nearly complete. The owner is
now hiring staff and working towards licensure. A new
estimated opening date is August 1, 2022. The owners have
requested a one-year extension to the Interim Use Permit to
allow for the delays caused by supply chain issues and
construction cost volatility.
(10-14) Rehbein Commercial
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Sidewalk work along 21 Avenue has been completed with irrigation restoration and boulevard
sodding to follow.
The city and Rice Creek Watershed have been following up with the developer on erosion
control issues. The developer has been responsive and restored their perimeter controls and
removed sediment from the creek.
(13) Kwik Trip
Staff has been working with Kwik Trip’s staff to get securities and other agreements in place.
The owner has communicated that construction could begin by mid-summer, 2022.
Recently, the site’s engineer finalized plans for the right turn lane to be constructed on Main
Street on the south side of the store and obtained signatures from both the City and County
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Engineers. With this work, the sidewalk from 20 to 21 Avenues on the north side of Main
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Street and up 21 Avenue from Main Street to Michaud Way will be constructed.
(11) Norbella Senior Living
Work on the interior of the building continues, including HVAC, plumbing and electrical. A
September opening is still the target.
(2) Peterson Shores
The plat has now been recorded and the newly created lot is on the market.
(17, 19) Rehbein Industrial
Paving of the base course of asphalt should take place this week.
(19) Sutton Transport
The buildings walls have been erected and work on the site utilities continues.
(15) 2050/2070 Main Street – American Roofing Supply
Work on the site is in full swing, while work on the building renovations continues, inside.
American Roofing Supply’s management team reached out to the city and have stepped up to
be a sponsor of our city festival. They are eager to become a part of our community.
(18) Max Storage (Fairview Street)
Revised plans were submitted for recording with the Conditional Use Permit. We anticipate
an application for building permit and site work in the near future.
(17) Amazon Fulfillment Center
At their May 25 meeting, the city council
approved the plat, a developer’s
agreement and plans for Amazon’s
140,000 sf warehouse and fulfillment
center. Construction is anticipated to
begin in July of 2022 and should wrap up
in the fall of 2023.
City engineering staff will be working
with County and Lino Lakes engineers to
begin prioritizing the use of transportation related funds from the development. A first step
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will be to complete a corridor study of the 20 Avenue (CSAH 54) route from Main Street to
Birch Street. This study will help guide intersection improvements to enhance safety and
ensure traffic flows freely.
Development Inquiries
Restaurant owners looking at City-owned 1737 Main Street
Bar/Restaurant owners looking to assemble property in downtown
CODE ENFORCEMENT
General
Grass mowing
COMMUNITY ENGAGEMENT
Web Site Reader Board
Administrator’s Report uploaded Meeting Schedules
Committee Agendas/Packets uploaded Community Events
Community Email List
Social Media
Administrator’s Report
Meeting Agendas
Meeting Agenda
Public Hearings
SEWER AND WATER
Commercial Water Connection Fee Assistance
As part of the city’s ongoing effort to help businesses through the pandemic, a new program
was introduced, cutting connection fees for city water in half, 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. The program is offered for a limited time
only and is subject to conditions.
Wellhead Protection Plan
The Minnesota Department of Health held a kick-off meeting with city staff and consultants
for the implementation of the city’s Part-2 Wellhead Protection Plan. The group reviewed
items in the documents and the timelines associated with various activities. Staff will be
following up on the action items over the course of the next few months.
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