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HomeMy WebLinkAbout2022-09-13 P & Z Packet CITY OF CENTERVILLE PLANNING AND ZONING COMMISSION MEETING AGENDA Tuesday, September 13, 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. City Code Language Amendments a. Chapter 91: Health and Safety; Nuisances, £91.06 Î Public Nuisances Affecting Peace and Safety b. Chapter 111: Liquor Regulations, £111.16 Î Restrictions on Issuance (D) c. Chapter 130: General Offenses, §130.03 Î Discharge of a Firearms Within City Limits d. Storm Water 2. Preliminary Plat & PUD Î Block 7, Schifsky Companies, Inc. V. AWARDS, PRESENTATIONS, APPEARANCES 1. Variance Concept Review - Mr. Anthony Smith, 7370 Peltier Circle 2. Variance Concept Review Î Mr. Mark Bilotta, 7198 Shad Avenue VI. OLD BUSINESS 1. None VII. NEW BUSINESS 1. City Code Language Amendments a. Chapter 91: Health and Safety; Nuisances, £91.06 Î Public Nuisances Affecting Peace and Safety b. Chapter 111: Liquor Regulations, £111.16 Î Restrictions on Issuance (D) c. Chapter 130: General Offenses, £130.03 Î Discharge of a Firearms Within City Limits d. Storm Water VIII.APPROVAL OF MINUTES 1. August 16, 2022 Planning & Zoning Commission Meeting Minutes IX. ANNOUNCEMENTS/UPDATES 1. Council Member Liaison 2. AdministratorÓs Report X. ADJOURNMENT INFORMATION None REMINDERS Parks & Recreation Committee Î Wednesday, October 5, 2022 City Council Meeting Î Wednesday, September 14, 2022 Economic Development Authority Î Wednesday, September 21, 2022 Planning & Zoning Commission Î Tuesday, October 4, 2022 CITY OF CENTERVILLEREQUEST FOR ACTION Agenda Item # Department: RequestedMeetingDate: September 13, 2022 Planning IV.1 TITLE OF ISSUE: City Code Language Amendments BACKGROUND AND SUPPLEMENTAL INFORMATION: In recent months, the Commission has had informal discussions on various sections of the city code: Chapter 91: Health and Safety; Nuisances - Sec. 91.06 - Public Nuisances Affecting Peace and Safety - The Commission has considered the addition of language dealing with Emerald Ash Borer Chapter 111: Liquor Regulations, £111.16 Î Restrictions on Issuance (D) - The Commission has considered amending language regarding restrictions on liquor license around schools Chapter 130: General Offenses, £130.03 Î Discharge of a Firearms Within City Limits - The Commission has considered amending language regarding firearm discharge and other projectiles Storm Water: Various sections - The city is required to add/amend some language regarding stormwater issues to comply with its MS 4 permit COST AND SOURCE(S) OF FUNDING: Minor publication costs REQUESTED ACTION: - Open the public hearing for proposed amendments to city code as detailed above (via motion or action of the chair). - Take public comment. - Motion to close the Public Hearing. For ClerkÓs Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ X Vote Record: Aye Nay _____ _____ Staff memos Other (specify) ____________ _____ _____ _____ _____ _______________________________________________________________ _____ _____ _____ _______________________________________________________________ _____ _____ _____ _____ Refer to: _________________________________ Tabled Until: ______________________________ Consent Other: ___________________________________ Regular CITY OF CENTERVILLE NOTICE OF PUBLIC HEARING TO CONSIDER AMENDMENTS TO CITY CODE CHAPTER 91: HEALTH AND SAFETY; NUISANCES, £91.06 Î PUBLIC NUISANCES AFFECTING PEACE AND SAFETY, CHAPTER 111: LIQUOR REGULATIONS, §111.16 RESTRICTIONS ON ISSUANCE (D), CHAPTER 130: GENERAL OFFENSES, £130.03 Î DISCHARGE OF FIREARMS WITHIN CITY LIMITS AND PERTAINING TO STORM WATER NOTICE IS HEREBY GIVEN, that the Planning and Zoning Commission of the City of Centerville, Anoka County, Minnesota, will meet, on Tuesday, September 13, 2022 at 6:30 p.m. or as soon thereafter as possible. The purpose of the public hearing is to discuss and obtain public input regarding the proposed text amendments to the CityÓs Code, Chapters and Sections stated above. The City Hall is ADA accessible. Requests for hearing assisted devices or a sign language interpreter must be received prior to 4:00 p.m. September 2, 2022. All persons interested are invited to attend and to be heard, verbally or in writing. If you are interested in the proposed text language, it can be obtained from the City Clerk: tbender@centervillemn.com, (651)792-7933 or the City Administrator: mstatz@centervillemn.com, (651) 792-7931 or if you have questions or concerns regarding this matter. Teresa Bender City Clerk Published in the Quad Community Press August 30, 2022. CITY OF CENTERVILLEREQUEST FOR ACTION Agenda Item # Department: RequestedMeetingDate: September 13, 2022 Planning IV.2 TITLE OF ISSUE: Preliminary Plat & PUD - Block 7, Schifsky Companies, Inc. BACKGROUND AND SUPPLEMENTAL INFORMATION: Recently, the city received notice from Centra Homes, Inc., that they were canceling their purchase agreement with us for the redevelopment of "Block 7" (the city-owned vacant land in downtown). After this cancellation, the Schifsky Companies, Inc. approached the city and expressed their interest in taking on this project. A public hearing was scheduled, to expedite the process, however, details continue to be worked out with this prospective developer and the city has, therefore, not yet received a formal application for subdivision (Preliminary Plat). City staff advises that the Commission should take action to formally cancel the public hearing and direct staff to schedule a hearing once the applications are received. COST AND SOURCE(S) OF FUNDING: N/A REQUESTED ACTION: Motion to cancel the public hearing for Block 7 and direct staff to schedule a hearing once the land use applications are received. For ClerkÓs 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 NOTICE OF HEARING The City of Centerville Planning and Zoning Commission will hold a public hearing on Tuesday, September 13, 2022 at the Centerville City Hall, 1880 Main Street in the Council Chambers beginning at 6:30 p.m. or shortly thereafter on the following matter: ITEM: Preliminary Plat & Planned Unit Development (PUD) PETITIONER/ PROPERTY OWNER: Schifsky Companies, Inc. (Under Authorization from the City) PROPERTY I.D. #: R#23-31-22-23-0008 Î 7073 Centerville Road; R#23-31-22-23-0011 Î 1688 Sorel Street; R#23-31-22-23-0010 Î 1694 Sorel Street; R#23-31-22- 23-0009; R#23-31-22-23-0007; R#23-31-22-23-0014; R#23-31-22-23- 0006 and R#23-31-22-23-0005 LEGAL DESCRIPTION: LOTS 5 & 6 BLK 7 CENTERVILLE, EX W 50 FT THEREOF, SUBJ TO EASE OF REC; LOTS 8 & 13 BLK 7 CENTERVILLE, SUBJ TO EASE OF REC; LOT 7, BLOCK 7 CENTERVILLE, SUBJ TO EASE OF REC; LOT 4, BLOCK 7 CENTERVILLE, SUBJ TO EASE OF REC; LOT 14, BLOCK 7 CENTERVILLE, SUBJ TO EASE OF REC; THE WLY 50 FT OF LOTS 1 THRU 3, BLOCK 7 CENTERVILLE, SUBJ TO EASE OF RECORD and LOTS 1 THRU 3, BLK 7, EX WLY 50 FT OF SD LOTS, CENTERVILLE, SUBJ TO EASE OF REC The petitioner requests that the City consider a Preliminary Plat and a Planned Unit Development (PUD) for the construction of 26 attached, single-family townhomes (four (4) 4-plex buildings and two (2) 5-plex buildings) for a total of six (6) buildings. The City Hall is ADA accessible. Requests for hearing assisted devices or a sign language interpreter must be received prior to 4:00 p.m. September 2, 2022. All persons interested are invited to attend and to be heard, verbally or in writing. If you are interested in the proposed text language, it can be obtained from the City Clerk: tbender@centervillemn.com, (651)792-7933 or the City Administrator: mstatz@centervillemn.com, (651) 792-7931 or if you have questions or concerns regarding this matter. Teresa Bender City Clerk Published in the Quad Community Press August 30, 2022. CITY OF CENTERVILLEREQUEST FOR ACTION Agenda Item # Department: RequestedMeetingDate: September 13, 2022 Planning V.2 TITLE OF ISSUE: Variance Concept Review - 7198 Shad Avenue BACKGROUND AND SUPPLEMENTAL INFORMATION: The Planning and Zoning Commission offers residents the opportunity to present a potential Variance Application which they are considering. This informal review is free of charge but does not offer a binding decision. If, after this informal review, the resident wishes to move forward with the formal Variance Application, the required public hearing would be held and the commission will be asked to take a vote at that time. Mr. Bilotta is contemplating the addition of a 3rd stall for his garage, which would extend 2 feet into the 10-foot side yard setback as shown on the attached sketch. Attached are a sketch of the proposal and the city's code related to variances. COST AND SOURCE(S) OF FUNDING: N/A REQUESTED ACTION: No formal action should be taken. This item is for discussion only. For ClerkÓs Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ X X Vote Record: Aye Nay _____ _____ Other (specify) ____________ _____ _____ _____ _____ _______________________________________________________________ _____ _____ _____ _______________________________________________________________ _____ _____ _____ _____ Refer to: _________________________________ Tabled Until: ______________________________ Consent Other: ___________________________________ Regular CITY OF CENTERVILLEREQUEST FOR ACTION Agenda Item # Department: RequestedMeetingDate: September 13, 2022 Planning V.a TITLE OF ISSUE: Nuisance BACKGROUND AND SUPPLEMENTAL INFORMATION: Staff has received several complaints regarding dead/dying trees in/on neighboring property. This will become more prevalent as Emerald Ash Borer progresses through the community. Staff has reviewed other communities' code and felt that with the suggested revisions, it would address the issues satisfactorily. COST AND SOURCE(S) OF FUNDING: N/A REQUESTED ACTION: For discussion and recommendation to Council. For ClerkÓs Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ X Vote Record: Aye Nay _____ _____ Draft Language Included in Packet Other (specify) ____________ _____ _____ _____ _____ _______________________________________________________________ _____ _____ _____ _____ _______________________________________________________________ _____ _____ _____ Refer to: _________________________________ Tabled Until: ______________________________ Consent Other: ___________________________________ Regular CHAPTER91:HEALTHANDSAFETY;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 91.10 Targeted Residential Picketing 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 Site ownerÓs responsibility to act 91.52 Site ownerÓs responsibility for costs 91.53 City action and recovery of costs 91.54 Recovery of costs from persons causing damage 91.55 Site owner and address 84|Page 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; 85|Page (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 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) 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: 86|Page (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|Page (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|Page 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; (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|Page (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 1)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 2)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|Page 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 a reasonable amount of time not less than 10 days, including Saturdays, Sundays and holidays. (B) Failure to remove. If, at the end of the designated removal period, 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 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 placed on the next available agenda of the City Council for its consideration. (C) Immediate 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. (D) Recovery of costs. 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, including administrative charges together with interest thereon at the lawful rate permitted under M.S. 91|Page 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. § 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 propertyÓs value. (b) This general prohibition is not limited by the specific restriction of the following divisions. (2) Exhaust. No person shall discharge the exhaust or permit the discharge of the exhaust of any steam engine, stationary internal combustion engine, motor boat, motor vehicle or snowmobile except through a muffler or other device that effectively prevents loud or explosive noises there from and complies with all state laws and regulations. (3) Loading, unloading, unpacking. No person shall create loud and excessive noise in loading, unloading or unpacking any vehicle between the hours of 10:00 p.m. and 7:00 a.m. (4) Radios, phonographs, paging systems and the like. (a) No person shall use or operate or permit the use or operation of any radio receiving set, musical instrument, phonograph, paging system, machine or other device for the production or reproduction of sound in a distinct and loudly audible manner. (b) Operation of any such set, instrument, phonograph, machine or other device between the hours of 10:00 p.m. and 7:00 a.m. in a manner as to be plainly audible 50 feet from outside the property line of the structure or building in which it is located, in the hallway or apartment adjacent, or at a distance of 150 feet if the source is located outside a structure or building shall be prima facie evidence of a violation of this section. (c) These measurements and decibel readings will be taken per this section. (5) Participation in noisy parties or gathering. 92|Page CITY OF CENTERVILLEREQUEST FOR ACTION Agenda Item # Department: RequestedMeetingDate: September 13, 2022 Planning VII.1.b TITLE OF ISSUE: Liquor BACKGROUND AND SUPPLEMENTAL INFORMATION: Staff has completed research regarding other communities' regulations regarding distances from churches/schools and each community has different regulations. The commission as discussed that with the future redevelopment of the downtown area, the existing language could hinder a liquor establishment desiring to operate in the area. COST AND SOURCE(S) OF FUNDING: N/A REQUESTED ACTION: . For ClerkÓs Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ X Vote Record: Aye Nay _____ _____ Draft Language Included in Packet Other (specify) ____________ _____ _____ _____ _____ _______________________________________________________________ _____ _____ _____ _____ _______________________________________________________________ _____ _____ _____ Refer to: _________________________________ Tabled Until: ______________________________ Consent Other: ___________________________________ Regular CHAPTER111:LIQUORREGULATIONS Section 111.01 Adoption of state law by reference 111.02 City may be more restrictive than state law 111.03 Definitions 111.04 Nudity on the premises of licensed establishments is prohibited 111.05 Consumption in public places 111.06 Term and expiration of licenses 111.07 Kinds of liquor license 111.08 License fees; pro rata; payment; refunds retail license fees 111.09 Council discretion to grant or deny a license 111.10 Application for license 111.11 Description of premises 111.12 Applications for renewal 111.13 Transfer of license 111.14 Investigation 111.15 Hearing and issuance 111.16 Restrictions on issuance 111.17 Conditions of license 111.18 Hours and days of sale 111.19 Restrictions involving underage persons 111.20 Revocation or suspension of license 111.21 Hearing notice for revocation or suspension of license 111.22 Prohibited conditions 111.23 Inactive license 111.24 Building changes 111.25 Public character of liquor sales 111.26 Presumptive civil penalties 111.27 Effective date § 111.01 ADOPTION OF STATE LAW BY REFERENCE. The provisions of M.S. Chapter 340A, as they may be amended from time to time, with reference to the definitions, terms, conditions of operation, restrictions on consumption, provisions relating to sales, hours of sale and all other matters pertaining to the retail sale, distribution and consumption of intoxicating liquor and 3.2 percent malt liquor are hereby adopted by reference and are made a part of this chapter as if set out in full. It is the intention of the City Council that all future amendments to M.S. Chapter 340A are hereby adopted by reference or referenced as if they had been in existence at the time this chapter is adopted. Ord. #13, adopted 08/28/2002 151|Page § 111.02 CITY MAY BE MORE RESTRICTIVE THAN STATE LAW. The Council is authorized by the provisions of M.S. 340A.509, as it may be amended from time to time, to impose, and has imposed in this chapter, additional restrictions on the sale and possession of alcoholic beverages within its limits beyond those contained in M.S. Chapter 340A, as it may be amended from time to time. Ord. #13, adopted 08/28/2002 § 111.03 DEFINITIONS. In addition to the definitions contained in M.S. Chapter 340A.101, as it may be amended from time to time, the following terms are defined for purposes of this chapter. DISPLAY. The keeping, storing or permitting to be kept or stored of an alcoholic beverage which has been poured, dispensed or has had its package seal broken on, in, or at any table, booth, bar or other area of a licensed premises accessible to the general public, except when the alcoholic beverage is stored in a normal storage area during non-sale hours. INTEREST. (A) Any pecuniary interest in the ownership, operation, management or profits of a liquor establishment, but does not include: bona fide loans; bona fide fixed sum rental agreements; bona fide open accounts or other obligations held with or without security arising out of the ordinary and regular course of business or selling or leasing merchandise, fixtures or supplies to the establishment; or any interest of five percent or less in any corporation holding a city liquor license. (B) A person who receives monies, from time to time, directly or indirectly from a licensee in the absence of a bona fide consideration therefore and excluding bona fide gifts or donations, shall be deemed to have a pecuniary interest in the retail license. In determining Ðbona fide,Ñ the reasonable value of the goods or things received as consideration for the payment of the licensee and all other facts reasonably tending to prove or disprove the existence of any purposeful scheme or arrangement to evade any prohibitions under this chapter shall be considered. LICENSED PREMISES. The premises described in the approved license application. In the case of a restaurant, club or exclusive liquor store licensed for on-sales of alcoholic beverages and located on a golf course, LICENSED PREMISES means the entire golf course except for areas where motor vehicles are regularly parked or operated. LIQUOR. Without modification by the words ÐintoxicatingÑ or Ð3.2 percent malt,Ñ includes both intoxicating liquor and 3.2 percent malt liquor. OPERATING MANAGER. A person designated by the license holder who works at the licensed premises and is in charge of day-to-day liquor sales. 152|Page PROPERLY DESIGNATED OFFICER. Means and includes: (A) The City Fire Inspector or Fire Chief; (B) The City Building Official, Building Inspector or Administrator; and (C) The Health Inspectors employed by Anoka County or the State of Minnesota acting in the course of the scope of their employment. RESTAURANT. An eating facility, other than a hotel, under the control of a single proprietor or manager, where meals are regularly prepared on the premises, where full waitress/waiter table service is provided, where a customer orders food from printed menus and where the main food course is served and consumed while seated at a single location. An establishment which serves prepackaged food that receives heat treatment and is served in the package or frozen pizza that is heated and served, shall be considered to be a restaurant for the purposes of this chapter as long as it is currently licensed as such by Anoka County. UNDERAGE PERSON. A person who is under the legal drinking age as provided by M.S. Chapter 340A. Ord. #13, adopted 08/28/2002 § 111.04 NUDITY ON THE PREMISES OF LICENSED ESTABLISHMENTS IS PROHIBITED. (A) The City Council finds that it is in the best interests of both public health, safety and general welfare of the people of the city that nudity is prohibited as provided in this section on the premises of any establishment licensed under this chapter. This is to protect and assist the owner, operators and employees of the establishment, as well as patrons and the public in general, from harm stemming from the physical immediacy and combination of alcohol, nudity and sex. The Council especially intends to prevent any subliminal endorsement of sexual harassment or activities likely to lead to the possibility of various criminal conduct, including prostitution, sexual assault and disorderly conduct. The Council also finds that the prohibition of nudity on the premises of any establishment licensed under this chapter, as set forth in this section, reflects the prevailing community standards of the city. (B) It is unlawful for any licensee to permit or allow any person or persons on the licensed premises when the person does not have their buttocks, anus, genitals and female breasts covered with a non-transparent material. It is unlawful for any person to be on the licensed premises when the person does not have their buttocks, anus, genitals and female breasts covered with a non-transparent material. This division (B) shall also apply to non-alcohol under age events on the licensed premises. (C) It is unlawful for any licensee to permit or allow any male and/or female swim suit competition on the licensed premises during any non-alcohol underage event. 153|Page (D) A violation of this section is a misdemeanor punishable as provided by law, and is justification for revocation or suspension of any liquor, wine, or 3.2 percent malt liquor license or the imposition of a civil penalty under the provisions of this chapter. Ord. #13, adopted0 8/28/2002 § 111.05 CONSUMPTION IN PUBLIC PLACES. Except as otherwise provided for herein, no person shall consume intoxicating liquor or 3.2 percent malt liquor in a public park, on any public street, sidewalk, trail, parking lot or alley, or in any public place other than on the premises of an establishment licensed under this chapter, in a municipal liquor dispensary if one exists in the city, or where the consumption and display of liquor is lawfully permitted. Ord. #13, adopted 08/28/2002 § 111.06 TERM AND EXPIRATION OF LICENSES. (A) No person, except as otherwise provided in M.S. Chapter 340A, shall directly or indirectly deal in, sell, keep for sale or deliver any intoxicating liquor, 3.2 percent malt liquor or wine as part of a commercial transaction without first having received a license to do so as provided in this chapter; nor shall any private club or public place, directly or indirectly, or upon any pretense or by any device, allow the consumption or display of intoxicating liquor or serve any liquid for the purpose of mixing with intoxicating liquor without first obtaining a license from the city as provided in this chapter. (B) Each license shall be issued for a maximum period of one year. All licenses, except temporary licenses, shall expire on December 31 of each year unless another date is provided by ordinance. All licenses shall expire on the same date. Temporary licenses expire according to their terms. Ord. #13, adopted 08/28/2002 § 111.07 KINDS OF LIQUOR LICENSE. The following types of licenses may be issued up to the number specified in this chapter: (A) On-sale 3.2 percent malt liquor license. On-sale 3.2 percent malt liquor licenses which may be issued only to restaurants, hotels, clubs, bowling centers and establishments used exclusively for the sale of 3.2 percent malt liquor with the incidental sale of tobacco and soft drinks; (B) Off-sale 3.2 percent malt liquor license; (C) Temporary 3.2 percent malt liquor license. Temporary 3.2 percent malt liquor licenses which may be issued only to a club, charitable, religious or nonprofit organization; 154|Page (D) Off-sale intoxicating liquor license. Off-sale intoxicating liquor licenses, which may be issued only to exclusive liquor stores or drug stores that have an off-sale license which was first issued on or before 5- 1-1994. The fee for an off-sale intoxicating liquor license established by the Council under § 111.08 shall be set by annual fee schedule adopted by Council which may be permitted by M.S. § 340A.408, Subdivision 3, as it may be amended from time to time; (E) On-sale intoxicating liquor license. (1) On-sale intoxicating liquor licenses, which may be issued to the following establishments as defined in M.S. § 340A.101, as it may be amended from time to time, and this chapter: hotels, restaurants, bowling centers, clubs or congressionally chartered veterans organizations and exclusive liquor stores. Club licenses may be issued only with the approval of the Commissioner of Public Safety. The fee for club licenses established by the Council under § 111.08 shall not exceed the amounts provided for in M.S. § 340A.408, Subdivision 2(b), as it may be amended from time to time. (2) The Council may in its sound discretion authorize a retail on-sale licensee to dispense intoxicating liquor off the licensed premises at a community festival held within the city under the provisions of M.S. § 340.404, Subdivision 4b, as it may be amended from time to time. (3) The Council may in its sound discretion authorize a retail on-sale licensee to dispense intoxicating liquor off the licensed premises at any convention, banquet, conference, meeting, or social affair conducted on the premises of a sports, convention or cultural facility owned by the city, under the provisions of M.S. § 340.404, Subdivision 4a, as it may be amended from time to time. (F) (DELETED, effective March 22, 2017). (G) Combination on-sale/off-sale intoxicating liquor license. This license may be issued if the city has a population less than 10,000; (H) On-sale temporary intoxicating liquor license. Temporary on-sale intoxicating liquor licenses, with the approval of the City Council, which may be issued only in connection with a social event sponsored by a club, charitable, religious, or other nonprofit corporation that has existed for at least three years. No license shall be for longer than 4 consecutive days, and the city shall issue no more than 24 days worth of temporary licenses to any 1 organization in 1 calendar year; and (I) On-sale wine license. On-sale wine licenses which may be issued with the approval of the Commissioner of Public Safety to: restaurants having facilities for seating at least 25 people at one time and meet the criteria of M.S. § 340A.404, Subdivision 5, as it may be amended from time to time, and which meet the definition of a restaurant in § 111.03; and to licensed bed and breakfast facilities which meet the criteria in M.S. § 340A.401, Subdivision 1, as it may be amended from time to time. The fee for an on-sale wine license established by the Council under the provisions of § 111.08 shall not exceed one-half of the license fee charged for an on-sale intoxicating liquor license. The holder of an on-sale wine license who also holds an on-sale 3.2 percent malt liquor license is authorized to sell malt liquor with a content over 3.2 percent (strong beer) without an additional license. 155|Page (J) Brew Pub On-Sale Intoxicating Liquor or On-Sale 3.2 Percent Malt Liquor Licenses. Brew Pub on-sale intoxicating liquor or on-sale 3.2 percent malt liquor licenses may be issued, with the approval of the Commissioner of Public Safety, to brewers who operate a restaurant in their place of manufacture and who meet the criteria established at M.S.§340A.301, as may be amended from time to time. Sales under this license at on-sale may not exceed 3,500 barrels per year. Ord. #13, adopted 08/28/2002, Ord. 2d # 53, adopted 12/14/2011, Ord. 2d #85 adopted 3/22/2017. § 111.08 LICENSE FEES; PRO RATA; PAYMENT; REFUNDS RETAIL LICENSE FEES. The annual fees for all licenses and temporary licenses are set forth by Council resolution. (A) Limit. No license or other fee established by the city shall exceed any limit established by M.S. § 340A, as it may be amended from time to time, for a liquor license. (B) Fee. (1) The Council may establish from time to time by ordinance or resolution the fee for any of the liquor licenses it is authorized to issue. (2) The license fee may not exceed the cost of issuing the license and other costs directly related to the enforcement of the liquor laws and this chapter. No liquor license fee shall be increased without providing mailed notice of a hearing on the proposed increase to all affected licensees at least 30 days before the hearing. (C) Prorated fees. The fee for all licenses, except temporary licenses, granted after the commencement of the license year shall be prorated on a quarterly basis. (D) Payment. All license fees shall be paid in full at the time the application is filed with the city. If the application is denied, the license fee shall be returned to the applicant except for any costs incurred by the city for investigation of the application/applicant. (E) Refunds. License fees shall be refunded if an application for a license is denied by the City Council, except where rejection is for a willful misstatement in the license application. No part of the fee paid for any issued license shall be refunded except as authorized under M.S. § 340A.408, Subdivision 5, upon application to the City Administrator within 20 days of the happening of any event provided under M.S. § 340A.408, Subdivision 5, and except as provided in division (D) above. Ord. #13, adopted 08/28/2002 § 111.09 COUNCIL DISCRETION TO GRANT OR DENY A LICENSE. The Council in its sound discretion may either grant or deny the application for any license or for the transfer or renewal of any license. No applicant has a right to a license under this chapter. 156|Page Ord. #13, adopted 08/28/2002 § 111.10 APPLICATION FOR LICENSE. (A) Form. (1) Every application for a license issued under this chapter shall be on a form provided by the city. (2) Every application shall state the name of the applicant, the applicantÓs age, with references as the Council may require, the type of license applied for, the business in connection with which the proposed license will operate and its location, a description of the premises, whether the applicant is owner and operator of the business, how long the applicant has been in that business at that place and other information as the Council may require from time to time. An application for an on-sale intoxicating liquor license shall be in the form prescribed by the Commissioner of Public Safety and shall also contain the information required in this section. The form shall be verified and filed with the city. No person shall make a false statement in an application. (3) Every application shall disclose the nature of, and identifying information regarding all criminal convictions or pending criminal charges for each person or business named in the application. (B) Financial responsibility. Prior to the issuance of any license under this chapter, the applicant shall demonstrate proof of financial responsibility as defined in M.S. § 340A.409, as it may be amended from time to time, with regard to liability under M.S. § 340A.801, as it may be amended from time to time. This proof will be filed with the city and Commissioner of Public Safety. Any liability insurance policy filed as proof of financial responsibility under this section shall conform to M.S. § 340A.409, as it may be amended from time to time. Operation of a business which is required to be licensed by this chapter without having on file with the city at all times proof of financial responsibility to include liquor liability/dram shop, general liability and workers compensation insurance coverage is a cause for revocation of the license. Proof of financial responsibility shall be given by filing one of the following: (1) A certificate that there is in effect an annual aggregate insurance policy for dram shop insurance of not less than statutory requirements per policy year to cover each person, each occurrence, property damage each occurrence, loss of means of support per person, loss of means of support each occurrence and policy aggregate; or (2) A certificate of the State Treasurer that the licensee has deposited with him or her $100,000 in cash or securities which may legally be purchased by savings banks or trust funds having a market value of $100,000. (F)General liability. Proof of financial responsibility shall be given by filing a certificate that there is in effect for the license period an insurance policy or pool providing at least $50,000 of coverage because of bodily injury to any one person in any one occurrence, $100,000 because of bodily injury to two or more persons in any one occurrence, $10,000 because of injury to or destruction of property of others in any one occurrence, $50,000 for loss of means of support of any one person in any one occurrence, and $100,000 for loss of means of support of two or more persons in any one occurrence. 157|Page (G) WorkersÓ compensation insurance. The policy limits for workersÓ compensation insurance shall be as provided for by state law. (H) Insurance Certificate Requirements. Whenever an insurance certificate is required by this Chapter the applicant shall file with the City Clerk a certificate of insurance showing (1) that the limits are at least as high as required, (2) that coverage is effective for at least the license term approved, and (3) that such insurance will not be cancelled or terminated without third daysÓ written notice served upon the City Clerk. Cancellation or termination of such coverage shall be grounds for license revocation. (I) Operating Manager. All corporations, partnerships and associations must designate an Operating Manager. The Operating Manager must be a person designated by the licensed premises who is in charge of day-to-day liquor sales. (J) Execution of application. (1) If the application is by an individual, it shall be signed and sworn to by such person; if by a corporation, by an officer thereof; if by a partnership, by one of the partners; if by an incorporated association, by the operating officer or managing officer thereof. If the applicant is a partnership, the application, license and insurance policy shall be made and issued in the name of all partners. It shall be unlawful to make any false statement in an application. (2) Falsification is a cause for revocation or denial of the license, and is a criminal offense punishable as a misdemeanor. (3) Each person or business named in or as part of this application shall execute a written authorization allowing the city and/or the Chief of Police to verify all information disclosed as part of the application. Ord. #13, adopted 08/28/2002, Ord. 2d # 13, amended 10/11/2006 § 111.11 DESCRIPTION OF PREMISES. The application shall specifically describe the compact and contiguous premises within which liquor may be dispensed and consumed. Except as for otherwise provided for herein. Ord. #13, adopted 08/28/2002 § 111.12 APPLICATIONS FOR RENEWAL. (A) At least 90 days before a license issued under this chapter is to be renewed, an application for renewal shall be filed with the city. The decision whether or not to renew a license rests with the sound discretion of the Council. No licensee has a right to have the license renewed. 158|Page (B) The general procedure for renewal is as follows. (1) The applicant must obtain the required application from the City. The applicant must supply any information required pursuant to this chapter for new applications, and will execute written authorizations allowing the city and/or the Chief of Police to verify these disclosures. (2) Licensees will return the required forms to the city by October 30. (3) Applicants are responsible to verify information on citations and violations with the Chief of Police prior to October 30 and submission to the city. (4) The Council shall place on the agenda each year at the first scheduled Council meeting in November to review and hear testimony by any interested individual or party concerning the renewal of liquor licenses. This process allows for appeal of a denied license and the required approval from the state prior to the December 31 license expiration date. (5) Approvals are contingent upon licensee proof of required payment of insurances, property taxes and city utility bills. (6) The application shall specifically describe the compact and contiguous premises within which liquor may be dispensed and consumed. Except as for otherwise provided for herein. (7) The Chief of Police is requested to provide Council by October 15 each year, a summary of officer calls and the nature of those calls to licensed establishments. The Chief of Police is also requested to report a graphical depiction of alcohol related issues such as citations and arrests for driving under the influence or alcohol related infractions for the previous three-year period. (8) The City Administrator shall verify all information prior to issuing a license. Ord. #13, adopted 08/28/2002 § 111.13 TRANSFER OF LICENSE. (A) No license issued under this chapter may be transferred without the approval of the Council. Any transfer of stock of a corporate licensee is deemed to be a transfer of the license, and a transfer of stock without prior Council approval is a ground for revocation of the license. An application to transfer a license shall be treated the same as an application for a new license, and all of the provisions of this chapter applying to applications for a license shall apply. (B) In the event of the death of a person holding a license, the personal representative of that person shall be allowed to continue to operate the business within the terms of the license for a period not to exceed 180 days after the death of the licensee. Ord. #13, adopted 08/28/2002 159|Page § 111.14 INVESTIGATION. (A) Preliminary background investigation. On an initial application for a license, on an application for transfer of a license and, in the sound discretion of the Council that it is in the public interest to do so, on an application for renewal of a license, the city shall conduct a preliminary background investigation of the applicant or it may contract with the Commissioner of Public Safety for the investigation. The applicant shall pay with the application an investigation fee of $500 which shall be in addition to any license fee. If the cost of the preliminary investigation is less than $500, the unused balance shall be returned to the applicant. The results of the preliminary investigation shall be sent to the Commissioner of Public Safety if the application is for an on-sale intoxicating liquor license or an on-sale wine license. (B) Comprehensive background investigation. If the results of the preliminary investigation warrant, in the sound discretion of Council, a comprehensive background investigation, the Council may either conduct the investigation itself or contract with the Commissioner of Public Safety for the investigation. The investigation fee for this comprehensive background investigation to be paid by the applicant shall be $500, less any amount paid for the initial investigation if the investigation is to be conducted within the state, and $10,000, less any amount paid for the initial investigation, in the investigation is required outside the state. The unused balance of the fee shall be returned to the applicant whether or not the application is denied. The fee shall be paid in advance of any investigation and the amount actually expended on the investigation shall not be refundable in the event the application is denied. The results of the comprehensive investigation shall be sent to the Commissioner of Public Safety if the application is for an on-sale intoxicating liquor license or an on-sale wine license. Ord. #13, adopted 08/28/2002 § 111.15 HEARING AND ISSUANCE. (A) The Council shall investigate all facts set out in the application and not investigated in the preliminary or comprehensive background investigations. Opportunity shall be given to any person to be heard for or against the granting of the license at the first scheduled Council meeting in November for renewals or at the time of review for a new application. After the investigation and hearing, the Council in its sound discretion may grant or deny the application. No license shall become effective until the proof of financial security has been approved by the Commissioner of Public Safety. (B) Should the City Council deny the applicantÓs request for a license due, partially or solely, to the applicantÓs prior conviction of a crime, the City Council shall notify the applicant of the grounds and reasons for the denial; the applicable complaint and grievance procedure as set forth in M.S. § 364.06; the earliest date the applicant may reapply for a license; and that all competent evidence of rehabilitation will be considered upon reapplication. Ord. #13, adopted 08/28/2002 § 111.16 RESTRICTIONS ON ISSUANCE. (A) Each license shall be issued only to the applicant for the premises described in the application. 160|Page (B) No license shall be granted or renewed for operation on any premises on which taxes, assessments, utility charges, service charges or other financial claims of the city are delinquent and unpaid. (C) No license shall be issued for any place or business ineligible for a license under state law. (D) No new license shall be granted within 500 feet of any school. The distance is to be measured from the closest side of the church or school to the closest side of the structure on the premises within which liquor is to be sold. The provisions of this division (D) shall not apply to any existing license existing on the effective date of this chapter or to the renewal of an existing license as long as the establishment is in compliance with applicable zoning regulations. Further, this section shall apply to issuance of a wine license or on-sale 3.2 percent malt liquor license issued to a restaurant. Ord. #13, adopted 08/28/2002, Ord. 2d #35a, amended 05/12/2010 § 111.17 CONDITIONS OF LICENSE. (A) (1) Every licensee is responsible for the conduct of the place of business. (2) The act of an employee on the licensed premises is deemed the act of the licensee as well, and the licensee shall be liable to all penalties provided by this chapter equally with the employee. (B) The failure of the licensee to meet any one of the conditions of the license specified below shall result in suspension of the license until the condition is met. (1) Every licensee shall allow any peace officer or health officer to conduct compliance checks. (2) No on-sale establishment shall display liquor to the public during the hours when the sale of liquor is prohibited. (3) Compliance with financial responsibility requirements of state law and this chapter is a continuing condition of any license. Ord. #13, adopted 08/28/2002 § 111.18 HOURS AND DAYS OF SALE. (A) The hours of operation and days of sale shall be as those set by M.S. § 340A.504, as it may be amended from time to time. (B) No person shall consume nor shall any on-sale licensee permit any consumption of intoxicating liquor or 3.2 percent malt liquor in an on-sale licensed premises more than 30 minutes after the time when a sale can legally occur. 161|Page (C) No on-sale licensee shall permit any glass, bottle or other container containing intoxicating liquor or 3.2 percent malt liquor to remain upon any table, bar, stool or other place where customers are served, more than 30 minutes after the time when a sale can legally occur. (D) No person other than the licensee and any employee shall remain on the on-sale licensed premises more than 30 minutes after the time when a sale can legally occur. (E) Any violation of any condition of this section may be grounds for revocation of suspension of the license. Ord. #13, adopted 08/28/2002 § 111.19 RESTRICTIONS INVOLVING UNDERAGE PERSONS. (A) Generally. No licensee, his or her agent or employee shall serve or dispense upon the licensed premises any intoxicating or 3.2 percent malt liquor to a person under the legal drinking age; nor shall the licensee, or his or her agent or employee, permit any such person to be furnished or allowed to consume any such liquors on the licensed premises; nor shall the licensee, his or her agent or employee, permit any such person to be delivered any such liquors. (B) Entrance. No person under the legal drinking age shall enter a licensed premises for the purpose of purchasing or consuming any alcoholic beverage. (C) Consumption or delivery. No person under the legal drinking age shall consume or receive delivery of intoxicating or 3.2 percent malt liquor. (D) Possession. No person under the legal drinking age shall possess any intoxicating or 3.2 percent malt liquor. Possession of an alcoholic beverage by a person under the legal drinking age at a place other than the household of the parent or guardian is prima facie evidence of intent to consume it at a place other than the household of the personÓs parent or guardian. (E) Misrepresenting age. No underage person shall misrepresent the personÓs age for the purpose of obtaining intoxicating liquor or 3.2 percent malt liquor, nor shall the person enter any premises licensed for the retail sale of intoxicating liquor or 3.2 percent malt liquor for the purposes of purchasing or having served or delivered any alcoholic beverage. Nor shall any such person purchase, attempt to purchase, consume or have another person purchase for the underage person any intoxicating liquor or 3.2 percent malt liquor. (F) Identification requirements. (1) Identification required. Any person shall, upon demand of the licensee, his or her employee or agent, produce and permit to be examined one of the forms of identification provided under M.S. § 340A.503, Subdivision 6. (2) Prima facie evidence. In every prosecution for a violation of the provisions of this section relating to the sale or furnishing of intoxicating liquor or 3.2 percent malt liquor beverages to underage persons and in every proceeding before the Council with respect thereto, the fact that 162|Page the underage person involved has obtained and presented to the licensee, his or her employee or agent, a driverÓs license, passport or identification card from which it appears that the person was not an underage person and was regularly issued the identification card, shall be prima facie evidence that the licensee, his or her agent or employee is not guilty of a violation of such a provision and shall be conclusive evidence that a violation, if one has occurred, was not willful or intentional. Ord. #13, adopted 08/28/2002 § 111.20 REVOCATION OR SUSPENSION OF LICENSE. The Council may suspend or revoke any license for the sale of intoxicating or 3.2 percent malt liquor for any of the following reasons: (A) False or misleading statements made on a license application or renewal, or failure to abide by the commitments, promises or representations made to the City Council; (B) Violation of any special conditions under which the license was granted, including, but not limited to, the timely payment of real estate taxes, and all other charges; (C) Violation of any federal, state or local law regulating the sale of intoxicating liquor, 3.2 percent malt liquor or controlled substance; (D) Creation of a nuisance on the premises or in the surrounding area; (E) That the licensee suffered or permitted illegal acts upon the licensed premises or on property owned or controlled by the licensee adjacent to the licensed premises, unrelated to the sale of intoxicating liquor or 3.2 percent malt liquor; and/or (F) Expiration or cancellation of any required insurance, or failure to notify the city within a reasonable time of changes in the term of the insurance or the carriers. Ord. #13, adopted 08/28/2002 § 111.21 HEARING NOTICE FOR REVOCATION OR SUSPENSION OF LICENSE. (A) Revocation or suspension of a license by the City Council shall be preceded by public hearing conducted in accordance with M.S. §§ 14.57 to 14.70. (B) The City Council may appoint a hearing examiner or may conduct a hearing itself. The hearing notice shall be given at least ten days prior to the hearing, include notice of the time and place of the hearing and state the nature of the charges against the licensee. Ord. #13, adopted 08/28/2002 163|Page § 111.22 PROHIBITED CONDITIONS. (A) Prostitution. No licensee shall knowingly permit the licensed premises or any room in those premises or any adjoining building directly under the licenseeÓs control to be used by prostitutes. (B) Controlled substances. No licensee shall knowingly permit the sale, possession or consumption of controlled substances on the licensed premises in violation of state law. (C) Gambling. (1) Gambling and gambling devices, with the exception of licensed charitable gambling organizations, are not permitted on licensed premises. (2) State lottery tickets may be purchased and sold within licensed premises as authorized by the Director of the State Lottery. (C) Contests of pugilism on the premise of licensed establishments is prohibited. (1) The City Council finds that it is in the best interests of public health, safety and general welfare of the people of the city that Boxing, Ultimate Fighting or more generally, contests involving pugilism or battery are prohibited as provided in this section on the premises of any establishment licensed under this chapter. This is to protect and assist the owner, operators and employees of the establishment, as well as patrons and the public in general, from harm stemming from the physical immediacy and combination of alcohol and violence. The Council especially intends to prevent any endorsement of assaultive behavior or activities likely to lead to the possibility of various criminal conduct, including assault, battery, threatening behavior, disorderly conduct, or public nuisance. The Council also finds that the prohibition of contests involving pugilism or battery on the premises of any establishment licensed under this chapter, as set forth in this section, reflects the prevailing community standards of the city. (2) The City Council finds that it is in the best interests of enforcing its Liquor Regulations and policing establishments which can serve intoxicating beverages that the previous Subdivision shall also apply to non-alcoholic events on the licensed premises. (3) A violation of this section is a misdemeanor punishable as provided by law, and is justification for revocation or suspension of any liquor, wine, or 3.2 percent malt liquor license or the imposition of a civil penalty under the provisions of this chapter. Ord. #13, adopted 08/28/2002 § 111.23 INACTIVE LICENSE. 164|Page (A) The City Council may revoke the intoxicating liquor or 3.2 percent malt liquor license of any establishment granted a license that is not under construction and exhibiting satisfactory progress toward completion within six months from its issuance, or any establishment that ceases operation for a period of six months. (B) A hearing shall be held to determine what progress has been made toward opening or reopening the establishment and, if satisfactory progress is not demonstrated, the Council may revoke the license. Ord. #13, adopted 08/28/2002 § 111.24 BUILDING CHANGES. (A) Proposed enlargement or substantial alteration which changes the character of the establishment, or extension of premises previously licensed shall be reported to the City Administrator at or before the time application is made for a building permit for any such change. (B) The enlargement, substantial alteration or extension shall not be allowed unless the Council approves an amendment to the license. Ord. #13, adopted 08/28/2002 § 111.25 PUBLIC CHARACTER OF LIQUOR SALES. No sale of liquor shall be made to or in guest rooms of hotels unless: (A) The rules of the hotel provide for the service of meals in guest rooms; (B) The sale of the liquor is made in the manner on-sales are required to be made; (C) The sale accompanies and is incidental to the regular service of meals to guests therein; and/or (D) The rules of the hotel and the description, location and number of the guest rooms are fully set out in the application for the liquor license. Ord. #13, adopted 08/28/2002 § 111.26 PRESUMPTIVE CIVIL PENALTIES. (A) Purpose. The purpose of this section is to establish a standard by which the City Council determines the length of license suspensions and the propriety of revocations, and shall apply to all premises licensed under this chapter. These penalties are presumed to be appropriate for every case; however, the Council may deviate in an individual case where the Council finds that there exist substantial reasons making it more appropriate to deviate, such as, but not limited to, a licenseeÓs efforts in combination with the state 165|Page or city to prevent the sale of alcohol to minors. When deviating from these standards, the Council will provide written findings that support the penalty selected. (B) Minimum penalties for violations. The minimum penalties for convictions or violations must be presumed as follows (unless specified, numbers below indicate consecutive daysÓ suspension). (1) The following violations require revocation of the license on the first violation: (a) Commission and/or of a felony related to the licensed activity; (b) Sale of alcoholic beverages while license is under suspension; and (c) Sale of intoxicating liquor where only license is for 3.2 percent malt liquor. (2) Any violation not listed in the previous information would be heard by the Council and they would review all information and circumstances and determine a penalty with the maximum fine of $2,000 and/or 60-day suspension or determine the license should be revoked. (3) License holders have the right to request a hearing before the City Council if not in agreement with the presumptive penalty. The City Administrator also has the right to request a hearing before the Council if he or she or they believe there exists substantial reason making it appropriate to deviate from the presumptive penalty. If the City Administrator and licensee agree on the presumptive penalty, these will be reported to the City Council in a staff report. (C) Multiple violations. At a licenseeÓs first appearance before the Council, the Council must act upon all of the violations that have been alleged in the notice sent to the licensee. The Council in that case must consider the presumptive penalty for each violation under the first appearance column in division (B) above. The occurrence of multiple violations is grounds for deviation from the presumed penalties in the CouncilÓs discretion. (D) Subsequent violations. (1) Violations occurring after the notice of hearing has been mailed, but prior to the hearing, must be treated as a separate violation and dealt with as a second appearance before the Council, unless the City Administrator and licensee agree in writing to add the violation to the first appearance. (2) The same procedure applies to a second, third or fourth appearance before the Council. (E) Subsequent appearances. (1) Upon a second, third or fourth appearance before the Council by the same licensee, the Council may impose the presumptive penalty for the violation or violations giving rise to the subsequent appearance without regard to the particular violation or violations that were the subject of the first or prior appearance. (2) However, the Council may consider the amount of time elapsed between appearances as a basis for deviating from the presumptive penalty imposed by this section. 166|Page (F)Computation of violations. Multiple violations are computed by checking the time period of the three years immediately prior to the date of the most current violation. (G) Other penalties. Nothing in this section shall restrict or limit the authority of the Council to suspend up to 60 days, revoke the license, impose a civil fine not to exceed $2,000, to impose conditions or take any other action in accordance with law; provided, that the license holder has been afforded an opportunity for a hearing in the manner provided in this chapter. (H) Notification. If a licensed establishment is cited for a violation of this chapter, the Chief of Police must provide a letter of notification to the licensee and the City Council through the City Administrator within 30 days after the violation occurred. (I) Regular penalty grid. Type of License First Violation Second Violation Third Violation Fourth Violation On-sale Intoxicating $500 and 5 Days $1,000 and 10 $2,000 and 15 Days Revocation Liquor Suspension Days Suspension Suspension Off-Sale Intoxicating $500 and 3 Days $1,000 and 7 Days $2,000 and 12 Days Revocation Liquor Suspension Suspension Suspension On-sale Beer and $500 and 5 Days $1,000 and 10 $2,000 and 15 Days Revocation Wine Suspension Days Suspension Suspension Off-sale 3.2 percent $1,000 and 10 $1,500 and 20 $2,000 and 40 Days Revocation Malt Liquor Days Suspension Days Suspension Suspension Ord. #13, adopted 08/28/2002 § 111.27 EFFECTIVE DATE. This chapter shall be effective immediately upon the date of its publication. Ord. #13, adopted 08/28/2002 167|Page CITY OF CENTERVILLEREQUEST FOR ACTION Agenda Item # Department: RequestedMeetingDate: September 13, 2022 Planning VII.1.b TITLE OF ISSUE: Discharge of Firearms within City Limits BACKGROUND AND SUPPLEMENTAL INFORMATION: Contained in the Commission's packet are previous discussions and research regarding discharge of firearms or projectile weapons that have the potential to inflict great bodily harm. COST AND SOURCE(S) OF FUNDING: N/A REQUESTED ACTION: For discussion and recommendation to Council. For ClerkÓs Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ X Vote Record: Aye Nay _____ _____ Previous Discussion & History Other (specify) ____________ _____ _____ _____ _____ _______________________________________________________________ _____ _____ _____ _____ _______________________________________________________________ _____ _____ _____ Refer to: _________________________________ Tabled Until: ______________________________ Consent Other: ___________________________________ Regular 4.A certified copy of the personÓs birth certificate; or 5.Verification of the personÓs identity by another person who can establish his or her own identity by one of the documents listed above. (b)An explanation of the personÓs presence and conduct will be sufficient to dispel alarm if it shows that the person was engaging in, and planning to continue engaging in, lawful activity consistent with his or her actions and all the circumstances surrounding his or her behavior. (5)Requisites for conviction. A person may not be convicted of violating division (A)(1) above if: (a)No police officer gave the person the opportunity provided in division (A)(4) above to dispel the alarm created by his or her actions; or (b)The finder-of-fact determines that the police officer should have accepted the personÓs explanation as sufficient to dispel alarm. (B) Loitering; intent to commit crime. A person must not in any public or private place lurk, loiter, prowl, lie in wait or be concealed with intent to commit any act prohibited by law. (C) Loitering; obstructing public passage. A person must not loiter, stand, sit or lie in or upon any public property, private sidewalk, street, curb, crosswalk, walkway area, parking lot, mall, or other portion of private property open for public use, so as to unreasonably block, obstruct, or hinder free passage of the public. Also, a person must not unreasonably block, obstruct, or hinder free access to the entrance of a building or part of a building open to the public without consent of the owner or occupant. A person may not be arrested or convicted under this provision until after a police officer has informed the person that his or her action violates this section and has asked the person to move to a location, if one is available, that would not violate this section. (D) Loitering; signs prohibiting. A person must not loiter, stand, sit or lie for a period longer than ten minutes in any area where a sign prohibiting loitering has been posted. §130.03 DISCHARGE OF FIREARMS WITHIN CITY LIMITS. It shall be unlawful to shoot, fire off, discharge or explode any gun, pistol, revolver, or other firearm/projectile weapon which has the potential inflict great bodily harm or device which ejects aprojectile upon or onto any road, street, avenue, sidewalk or other public place, or inside any dwelling orstructure in the city except upon ranges permitted by the City Council. It shall be unlawful to shoot, fire off, discharge or explode any single ball ammunition in the city except upon ranges permitted by the City Council. 248|Page (C) It shall be unlawful to own or operate a rifle or shooting range in this city unless a permit therefore be issued by the City Council. The fee for the permit shall be $15 and the fee shall be paid to the Administrator prior to issuance thereof. (D) Nothing herein contained shall prohibit the use of firearms by duly authorized police officers or law enforcement officers, or by persons engaged in the lawful defense of person or property. Ord. #5, adopted 10/10/1973 § 130.04 SEX OFFENDER RESIDENCY RESTRICTIONS. (A) Findings and Intent. (1) Repeat sexual offenders, sexual offenders who use physical violence, and sexual offenders who prey on children are sexual predators who present an extreme threat to the public safety. Sexual offenders are extremely likely to use physical violence and to repeat their offenses, and most sexual offenders commit many offenses, have many more victims than are ever reported, and are prosecuted for only a fraction of their crimes. This makes the cost of sexual offender victimization to society at large, while incalculable, clearly exorbitant. (2) It is the intent of this article to serve the CityÓs compelling interest to promote, protect, and improve the health, safety and welfare of the citizens of the City by creating areas around locations where children regularly congregate in concentrated numbers wherein certain sexual offenders and sexual predators are prohibited from establishing temporary or permanent residence. (B) Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: DESIGNATED OFFENDER means any person who has been convicted of a designated sexual offense, regardless of whether adjudication has been withheld, or has been categorized as a Level III sex offender under Minnesota Statute § 244.052 or successor statute. DESIGNATED SEXUAL OFFENSE means a conviction, adjudication of delinquency, commitment under Minnesota Statute §§ 253B, or admission of guilty under oath without adjudication involving any of the following offenses: 609.342; 609.343; 609.344; 609.345; 609.352; 609.365, 617.23; 617.247; 617.293; successor statutes; or a similar offense from another state. PERMANENT RESIDENCE means a place where the person abides, lodges, or resides for fourteen (14) or more consecutive days. TEMPORARY RESIDENCE means a place where the person abides, lodges, or resides for a period of fourteen (14) or more days in the aggregate during any calendar year and which is not the personÓs permanent address, or a place where the person routinely abides, lodges, or resides for a period of four 249|Page TO: City Administrator Statz FROM: City Clerk Bender SUBJECT: Discharge of Firearms/Bow & Arrow DATE: January 24, 2022 Discussion regarding City Code Title XIII. General Offenses, Chapter 130, Section 130.03: Discharge of Firearms within City Limits. Recently staff received a request for information regarding whether a bow and arrow could be shot in a residential backyard. City Code states: Staff is looking clarification within the code so it clearly defines bow and arrow versus device which eject a projectile. Also, staff has discussed this portion of the code with the City Attorney whose interpretation is that a bow and arrow can be upon a personÓs property as long as the projectile stays on the personÓs property. (Currently staff is aware that two individuals do shoot archery on their property and each have been instructed that it complies with City Code per City Attorney.) Each hunting season (duck, goose, etc.) we receive calls from property owners near the two (2) lakes regarding hunters. We have had individuals hunting undeveloped lots that abut the lakes and the police ha approached them regarding their hunting We have received numerous telephone calls questioning whether property owners can shoot vermin or coyotes on their property. Please find the below summaries of neighboring communities Codes regarding Firearms/Bow and Arrows along with their codes: City of Circle Pines Î Bow and Arrow Clearly Defined. Neither are allowed to be discharged in City limits unless within the Anoka County Regional Park with proper permitting or at a permitted range. City of Hugo Î Bow and Arrow Clearly Defined. Bow and Arrow is Interesting regulation Î . City of Lexington Î City of Lino Lakes Î Bow and Arrow clearly defined. N Staff has attached an email received from Centennial Lakes Police Chief Mork regarding amendments to the CityÓs current code. He also discusses the right to lawfully defend yourself, family or property and standard language from state statute should be added. Also for an exception to peace officers in the line of duty. Excerpt taken from Hugo: Excerpt taken from Circle Pines: Teresa Bender From:Mark Statz Sent:Monday, January 24, 2022 3:26 PM To:Teresa Bender Cc:Kurt Glaser Subject: FW: Questions or Concerns (form) has been filled out on your site. Teresa, PleaseplacethismessagefromourPoliceChiefinthepacketinformationwhenwediscussthisordinanceatthe PlanningandZoningCommission. Ifweweretogothisroute,Iwouldsuggestacarveoutexceptionforselfdefense,sincewealreadyhaveacarveoutfor policeofficersusingtheirgunsduringtheregularcourseofduty. Thanks. OriginalMessage From:JimMork Sent:Monday,January24,20223:21PM To:MarkStatz<MStatz@centervillemn.com> Subject:RE:QuestionsorConcerns(form)hasbeenfilledoutonyoursite. Mark, Thanksforbringingthisissuetomyattention.Centervillecityordinance130.03DischargeofFirearmswithincitylimits readsasfollows: "130.03(A)Itshallbeunlawfultoshoot,fireoff,dischargeorexplodeanygun,pistol,revolverorotherfirearmordevice whichejectsaprojectileuponorontoanyroad,street,avenue,sidewalkorotherpublicplace,orinsideanydwellingor structureinthecityexceptuponrangespermittedbytheCityCouncil." Iwouldsaythewaythecurrentordinanceiswrittenisvagueatbest.Essentiallyassomeareinterpretingtheordinance currently,ifsomeonehasabermontheirpropertythatcouldbeusedasabackstopandwouldkeepabulletorother projectilefromlanding"uponorontoanyroad,street,avenue,sidewalkorotherpublicplace",theycouldhavetarget practiceintheiryard.Itismybeliefthatwhenthisordinancewaswritten,itwasnottheintentoftheauthortoallow fortargetpracticeinresidentialneighborhoodsaslongasabulletdoesn'tcrossastreetorsidewalketc.Thefirstpart oftheordinancecouldbecomemuchmoreclearwiththeuseofaperiodaftertheworddevice.Thatpartofthe ordinancewouldthenread,"Itshallbeunlawfultoshoot,fireoff,dischargeorexplodeanygun,pistol,revolverorother firearmordevice."Thenextline(s)ofthatsectioncouldthenbeclarified.Byinsertingaperiodaftertheworddevice, ecity. theordinancewouldclearlyprohibittheshootingofordischargeofafirearminth Somecities,Blaineforinstance,makeexceptionsintheirdangerousweaponsordinanceforthelegaldischargeofdeadly weaponslimitedto:archerypermit,specialpermitatfunerals,andhuntingwithfirearms.LinoLakesandCirclePines haveexceptionsforhuntingofwaterfowlinAnokaCountyParkswithspecialpermits.ThecityofLexingtondoesnot allowforthedischargeoffirearmsintheircity. Nowwiththatbeingsaid,intheinterestofpublicsafety,Iwouldnotbeinfavorofanyordinancethatwouldallowfor residentsofCentervilletodischargefirearmswithinthecity.Asidefromtheobviousdangersassociatedwithresidents 1 shootingfirearmsinthecity,istheproblemwiththenoisecreatedwhenfirearmsaredischarged.Asitis,ourpolice departmentoftengetscalledtopossibleshotsfiredcalls,especiallyduringthesummermonthswhentheuseof fireworksiscommon.Everyoneofthosecallsisasignificantofficersafetyissueastheofficerdoesnotknowiftheyare respondingtoafireworkscalloranactualshotsfiredcall.Toallowforresidentstodischargefirearmswithinthecity wouldincreasedisturbanceandnoiseviolationcalls,increasetherisktopublicsafety,increasetheriskourofficers face, andincreaseourcallloadoverall.Iwouldverymuchbeinfavorofanordinancethatwouldprohibitthedischargeof dangerousweaponswithinthecity.Gunrangesandarcheryfacilitiesaredesignedforthesafeuseoffirearmsandbows andarrows,andthosefacilitiesarenumerousandlocatednearby.Feelfreetocontactmewithanyquestionsor concerns.JM JamesMork ChiefofPolice CentennialLakesPoliceDepartment 54NorthRoad|CirclePines,MN55014 7637842501(Office)|7637840082(Fax)www.clpdmn.com|jmork@clpdmn.com ServingwithCourageandCompassion OriginalMessage From:MarkStatz<MStatz@centervillemn.com> Sent:Monday,January24,202211:59AM To:JimMork<JMork@clpdmn.com> Subject:FW:QuestionsorConcerns(form)hasbeenfilledoutonyoursite. Chief, Attachedisanexcerptfromourcitycode.Fromtimetotime,wegetquestionsfromourresidentsaboutshootingguns orbowandarrowontheirproperty.Essentially,ourcityattorneyhasinterpretedourcodetosaythataslongasthe bulletorarrowdoesn'tcrossastreet,sidewalk,etc.,itsOK. I'mgoingtohavethePlanningandZoningCommissionlookatthis.Couldyougiveussomecommentsfromyour perspective?IsourcurrentordinanceOK?Aretherechangesyou'dliketosee?Wouldastrictprohibitionbebetter? Thanks. 2 4.A certified copy of the personÓs birth certificate; or 5.Verification of the personÓs identity by another person who can establish his or her own identity by one of the documents listed above. (b)An explanation of the personÓs presence and conduct will be sufficient to dispel alarm if it shows that the person was engaging in, and planning to continue engaging in, lawful activity consistent with his or her actions and all the circumstances surrounding his or her behavior. (5)Requisites for conviction. A person may not be convicted of violating division (A)(1) above if: (a)No police officer gave the person the opportunity provided in division (A)(4) above to dispel the alarm created by his or her actions; or (b)The finder-of-fact determines that the police officer should have accepted the personÓs explanation as sufficient to dispel alarm. (B)Loitering; intent to commit crime. A person must not in any public or private place lurk, loiter, prowl, lie in wait or be concealed with intent to commit any act prohibited by law. (C)Loitering; obstructing public passage. A person must not loiter, stand, sit or lie in or upon any public property, private sidewalk, street, curb, crosswalk, walkway area, parking lot, mall, or other portion of private property open for public use, so as to unreasonably block, obstruct, or hinder free passage of the public. Also, a person must not unreasonably block, obstruct, or hinder free access to the entrance of a building or part of a building open to the public without consent of the owner or occupant. A person may not be arrested or convicted under this provision until after a police officer has informed the person that his or her action violates this section and has asked the person to move to a location, if one is available, that would not violate this section. (D)Loitering; signs prohibiting. A person must not loiter, stand, sit or lie for a period longer than ten minutes in any area where a sign prohibiting loitering has been posted. §130.03 DISCHARGE OF FIREARMS WITHIN CITY LIMITS.§130.03 DISCHARGE OF FIREARMS WITHIN CITY LIMITS. (A)It shall be unlawful to shoot, fire off, discharge or explode any gun, pistol, revolver or other firearm or(A)It shall be unlawful to shoot,,,g fire off, dischargeor exppyg,p,lode any gun, pistol, revolver or other firearm or device which ejects a projectile upon or onto any road, street, avenue, sidewalk or other public place, or device which ejjpjpects a projectile upon or onto any road, street, avenue, sidewalk or other public place, or y,,,p inside any dwelling or structure in the city except upon ranges permitted by the City Council. inside any dwelling or structure in the city except upon ranges permitted by the City Council. (B)It shall be unlawful to shoot, fire off, discharge or explode any single ball ammunition in the city except upon ranges permitted by the City Council. (C)It shall be unlawful to own or operate a rifle or shooting range in this city unless a permit therefore be issued by the City Council. The fee for the permit shall be $15 and the fee shall be paid to the Administrator prior to issuance thereof. 248|Page (D) Nothing herein contained shall prohibit the use of firearms by duly authorized police officers or law enforcement officers, or by persons engaged in the lawful defense of person or property. Ord. #5, adopted 10/10/1973 §130.04 SEX OFFENDER RESIDENCY RESTRICTIONS. (A)Findings and Intent. (1)Repeat sexual offenders, sexual offenders who use physical violence, and sexual offenders who prey on children are sexual predators who present an extreme threat to the public safety. Sexual offenders are extremely likely to use physical violence and to repeat their offenses, and most sexual offenders commit many offenses, have many more victims than are ever reported, and are prosecuted for only a fraction of their crimes. This makes the cost of sexual offender victimization to society at large, while incalculable, clearly exorbitant. (2)It is the intent of this article to serve the CityÓs compelling interest to promote, protect, and improve the health, safety and welfare of the citizens of the City by creating areas around locations where children regularly congregate in concentrated numbers wherein certain sexual offenders and sexual predators are prohibited from establishing temporary or permanent residence. (B) Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: DESIGNATED OFFENDER means any person who has been convicted of a designated sexual offense, regardless of whether adjudication has been withheld, or has been categorized as a Level III sex offender under Minnesota Statute § 244.052 or successor statute. DESIGNATED SEXUAL OFFENSE means a conviction, adjudication of delinquency, commitment under Minnesota Statute §§ 253B, or admission of guilty under oath without adjudication involving any of the following offenses: 609.342; 609.343; 609.344; 609.345; 609.352; 609.365, 617.23; 617.247; 617.293; successor statutes; or a similar offense from another state. PERMANENT RESIDENCE means a place where the person abides, lodges, or resides for fourteen (14)or more consecutive days. TEMPORARY RESIDENCE means a place where the person abides, lodges, or resides for a period of fourteen (14) or more days in the aggregate during any calendar year and which is not the personÓs permanent address, or a place where the person routinely abides, lodges, or resides for a period of four or more consecutive or nonconsecutive days in any month and which is not the personÓs permanent residence. (C) Sexual Offender and Sexual Predator Residence Prohibition; Penalties; Exceptions. 249|Page CHAPTER157:STORMWATER MANAGEMENTEROSIONCONTROL Section General 157.01 Intent 157.02 Statutory authorization 157.03 Findings 157.04 Purpose 157.05 Scope and effect 157.06 Definitions Stormwater Pollution Prevention Plan 157.15 Submittal procedures 157.16 Review process 157.17 Minimum construction site best management practices 157.18 Completion of work 157.19 Enforcement procedures Post-Construction Stormwater Management 157.20 Stormwater Management Plan 157.21 Design Standards 157.22 Drainage 157.23 Calculations 157.24 Volume Control and Pollutant Management 157.25 Impaired Waters and Total Maximum Daily Loads 157.26 Industrial Sites 157.27 Wetlands 157.28 Maintenance of Stormwater BMPÓs 157.29 through 157.31 reserved for future use 157.32 Alterations to and Use of Public and Private Stormwater Ponds 157.33 Appropriates from Stormwater Ponds 157.34 Reserved for future use 157.35 Rain Gardens in Road Right of Way 157.36 through 157.98 reserved for future use 157.99 Penalty 401 |Page GENERAL § 157.01 INTENT. Intent of this chapter is to promote the health, safety and general welfare of the citizens of the city by requiring stormwater management practices for construction activity. Ord. #79, adopted 03/09/2005 § 157.02 STATUTORY AUTHORIZATION. This chapter is adopted pursuant to M.S. §§ 462.351, as amended, for cities and towns and 394.21, as amended, for counties having a population of less than 300,000 according to the 1950 federal census (1990). Ord. #79, adopted 03/09/2005 402 |Page § 157.03 FINDINGS. The city hereby finds that uncontrolled land-disturbing activity at construction sites is subject to soil erosion and other pollutants which enter into receiving water bodies, adversely affecting the public health, safety and general welfare by impacting water quality. Ord. #79, adopted 03/09/2005 § 157.04 PURPOSE. The purpose of this chapter is to promote, preserve and enhance the natural resources within the city and protect them from adverse effects occasioned by poorly sited development or incompatible activities by regulating land-disturbing activities that would have an adverse and potentially irreversible impact on water quality and environmentally sensitive land; by minimizing conflicts and encouraging proper installation and maintenance of best management practices (BMPs) for land-disturbing activities; and by requiring detailed review standards and procedures for land-disturbing activities proposed for those areas, thereby achieving a balance between development, redevelopment and protection of water quality and natural areas. Ord. #79, adopted 03/09/2005 § 157.05 SCOPE AND EFFECT. (A) Applicability. (1) Every applicant of a building permit for a new building or addition, subdivision approval, or a permit to allow land-disturbing activities greater than or equal to one acre, must submit a stormwater pollution prevention plan to the City Administrator. No building permit, subdivision approval or permit to allow land-disturbing activities shall be issued until approval of the stormwater pollution prevention plan or a waiver of the approval requirement has been obtained in strict conformance with the provisions of this chapter. (2) The provisions of division (B) of this section apply to all land, public or private. (B) Exemptions. The provisions of this chapter do not apply to: (1) Installation of fence, sign, telephone and electric poles and other kinds of posts or poles; (2) Emergency work to protect life, limb or property; or (3) Tilling, planting or harvesting of agricultural, horticultural or silvicultural (forestry) crops. Ord. #79, adopted 03/09/2005 403 |Page § 157.06 DEFINITIONS. (A) When inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. The word ÐshallÑ is always mandatory and not merely directive. (B) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. APPLICANT. Any person who wishes to obtain a building permit, subdivision approval, or to fill, excavate or mine more than ten yards of granular material within the city. BEST MANAGEMENT PRACTICE (BMP). Erosion and sediment control and water quality management practices that are the most effective and practicable means of controlling, preventing and minimizing the degradation of surface water, including construction-phasing, minimizing the length of time soil areas are exposed, prohibitions and other management practices published by state or designated area-wide planning agencies. DETENTION FACILITY. A permanent natural or manmade structure, including wetlands, for the temporary storage of runoff which contains a permanent pool of water. DISCHARGE. The release, conveyance, channeling, runoff or drainage of stormwater, including snowmelt, from a construction site. EXPOSED SOIL AREAS. All areas of the construction site where the vegetation (trees, shrubs, brush, grasses and the like) or impervious surface has been removed, thus rendering the soil more prone to erosion. This includes topsoil stockpile areas, borrow areas and disposal areas within the construction site. It does not include stockpiles or surcharge areas of gravel, concrete or bituminous. Once soil is exposed it is considered exposed soil, until it meets the definition of final stabilization. FINAL STABILIZATION. Means that all soil-disturbing activities at the site have been completed, and that a uniform perennial vegetative cover with a density of 75 percent of the cover for unpaved areas and areas not covered by permanent structures has been established, or equivalent permanent stabilization measures have been employed. Simply sowing grass is not considered FINAL STABILIZATION. LAND-DISTURBING OR DEVELOPMENT ACTIVITIES. Any change of the land surface including removing vegetative cover, excavating, filling, grading and the construction of any structure. PERSON. Any individual, firm, corporation, partnership, franchise, association or governmental entity. PUBLIC WATERS. Waters of the state as defined in M.S. § 103G.005, Subd. 15, as it may be amended from time to time. 404 |Page RETENTION FACILITY. A permanent natural or manmade structure that provides for the storage of stormwater runoff by means of a permanent pool of water. SEDIMENT. Solid matter carried by water, sewage or other liquids. STORMWATER POLLUTION PREVENTION PLAN (SWPPP). A joint stormwater and erosion and sediment control plan that is a document containing the requirements of this chapter, that when implemented will decrease soil erosion on a parcel of land and off-site nonpoint pollution. STRUCTURE. Anything manufactured, constructed or erected which is normally attached to or positioned on land, including portable structures, earthen structures, roads, parking lots, paved storage areas, fences and retaining walls. WATERS OF THE STATE. As defined in M.S. § 115.01, Subdivision 22, as may be amended from time to time, the term means all streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through or border upon the state or any portion thereof. WETLANDS. Lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water. For purposes of this definition, WETLANDS must have the following three attributes: (1) Have a predominance of hydric soils; (2) Are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions; and (3) Under normal circumstances support a prevalence of this vegetation. Ord. #79, adopted 03/09/2005 STORMWATER POLLUTION PREVENTION PLAN § 157.15 SUBMITTAL PROCEDURES. (A) Application. An application for the proposed stormwater pollution prevention plan, shall be filed with two sets of drawings and required information shall be submitted to the City Administrator or designee. Drawings shall be prepared to a scale appropriate to the site of the project and suitable for the review to be performed. At a minimum, the scale shall be one inch equals 100 feet. (B) Financial security and fees. All applications shall be accompanied by a letter of credit, or cash equal to the required escrow amount and a separate check for administrative fees will be required upon issuance 405 |Page of the permit. All escrow and fee amounts are determined annually by Council through the cityÓs fee schedule. (C) Contents. At a minimum, the stormwater pollution prevention plan shall contain the following information: (1) Existing site map. A map of existing site conditions showing the site and immediately adjacent areas, including: (a) The name and address of the applicant, the section, township and range, north point, date and scale of drawing and number of sheets; (b) Existing topography with a contour interval appropriate to the topography of the land but in no case having a contour interval greater than two feet; (c) A delineation of all streams, rivers, public waters and wetlands located on and immediately adjacent to the site, including depth of water, a description of all vegetation which may be found in the water, a statement of general water quality and any classification given to the water body or wetland by the Minnesota Department of Natural Resources, the Minnesota Pollution Control Agency, and/or the United States Army Corps of Engineers; (d) Location and dimensions of existing stormwater drainage systems and natural drainage patterns on and immediately adjacent to the site delineating in which direction and at what rate stormwater is conveyed from the site, identifying the receiving stream, river, public water or wetland, and setting forth those areas of the unaltered site where stormwater collects; (e) For subdivisions a description of the soils of the site, including a map indicating soil types of areas to be disturbed as well as a soil report containing information on the suitability of the soils for the type of development proposed and for the type of sewage disposal proposed, and describing any remedial steps to be taken by the applicant to render the soils suitable; (f) Vegetative cover and clearly delineating any vegetation proposed for removal; and (g) One-hundred-year floodplain, flood fringes and floodways. (2) Site construction plan. A site construction plan including; (a) Boundary lines of all proposed land-disturbing activities; (b) Locations and dimensions of all temporary soil or dirt stockpiles; (c) Proposed construction site erosion control measures to meet the minimum BMP requirements listed in § 155.17 of this chapter; and 406 |Page (d)Anticipated starting and completion date of each land-disturbing activity including the installation of construction site erosion control measures needed to meet the requirements of this chapter. (3) Plan of final site conditions. A plan of final site conditions on the same scale as the existing site map showing the site changes including: (a) Finished grading contours at the same interval as provided above or as required to clearly indicate the relationship of changes from existing topography and remaining features with additional submission of an as-built; (b) A drainage plan of the developed site delineating in which direction and at what rate stormwater will be conveyed from the site and setting forth the areas of the site where stormwater will be allowed to collect; (c) The proposed size, alignments and intended use of any structures to be erected on the site; and (d)A clear delineation and tabulation of all areas which shall be paved or surfaced, including a description of the surfacing material to be used. (4) Copy of MPCA permit number for discharging stormwater from construction activity (MN R100001); and (5) Copy of Rice Creek Watershed permit and submittal information. Ord. #79, adopted 03/09/2005 § 157.16 REVIEW PROCESS. (A) Process. Stormwater pollution prevention plans meeting the requirements of § 155.15 and minimum BMP requirements of § 155.17 will be reviewed by the City Administrator or designee who may approve, approve with conditions, or deny the stormwater pollution prevention plan. If the stormwater pollution prevention plan is part of a large subdivision, the city may require the SWPPP be reviewed by the City Engineer. Following Planning and Zoning Commission action, the stormwater pollution prevention plan shall be submitted to the City Council. City Council action on the stormwater pollution prevention plan must be accomplished within 120 days following the date the application for approval is filed with the city. (B) Duration. Approval of a plan submitted under the provisions of this chapter shall expire one year after the date of approval unless construction has commenced in accordance with the plan. However, if prior to the expiration of the approval, the applicant makes a written request to the city for an extension of time to commence construction, setting forth the reason for the requested extension, the city may grant 407 |Page one extension of not greater than one single year. The city shall make a decision on the extension within 30 days of receipt. Any plan may be revised in the same manner as originally approved. (C) Conditions. A stormwater pollution prevention plan may be approved subject to compliance with conditions reasonable and necessary to ensure that the requirements contained in this chapter are met. The conditions may limit the size, kind or character of the proposed development, require replacement of vegetation, establish required monitoring procedures, stage the work over time or require alteration of the site design to ensure buffering. (D) The adequacy, conditions and acceptability of any financial security shall be determined by the City Council. Ord. #79, adopted 03/09/2005 § 157.17 MINIMUM CONSTRUCTION SITE BEST MANAGEMENT PRACTICES. The City hereby adopts and incorporates by reference the erosion, sediment, and waste control standards established by the Minnesota Pollution Control AgencyÓs NPDES/SDS Construction Stormwater General Permit MNR100001 (CSW Permit) as now constituted and from time to time amended. (A) Standards. No stormwater pollution prevention plan which fails to meet the standards contained in this section shall be approved by the City Council or designated representative. (B) Site dewatering. Water pumped from the site shall be treated by temporary sedimentation basins, grit chambers, sand filters, upflow chambers, hydrocyclones, swirl concentrators or other appropriate controls as appropriate. Water may not be discharged in a manner that causes erosion, scour, or flooding of the site, receiving channels or a wetland. (C) Construction site waste. (1) Solid waste. Collected sediment, asphalt and concrete millings, floating debris, paper, plastic, fabric, construction and demolition debris and other wastes must be disposed of properly and must comply with MPCA disposal requirements. (2) Hazardous materials. Oil, gasoline, paint and any hazardous substances must be properly stored, including secondary containment, to prevent spill, leaks or other discharge. Restricted access to storage areas must be provided to prevent vandalism. Storage and disposal of hazardous waste must be in compliance with MPCA regulations. (3) Liquid waste. All other nonstormwater discharges (concrete truck washout, vehicle washing, maintenance spills and the like) conducted during the construction activity shall not be discharged to the municipal storm sewer, wetlands, natural drainageways or waters of the state. (D) Tracking. Vehicle tracking of sediment onto paved surfaces must be removed by street sweeping weekly or as required by the city to prevent discharge of sediment-laden water from entering the city 408 |Page storm sewer system. (E)Drain inlet protection. All storm drain inlets shall be protected during construction until final establishment has been accomplished or until approval from the city. 409 |Page (F) Site erosion control. The following criteria (F)(1) through (4) apply only to construction activities that result in stormwater leaving the site. (1) Channelized runoff from adjacent areas passing through the site shall be diverted around disturbed areas, if practical. Otherwise, the channel shall be protected as described below. Sheetflow runoff from adjacent areas greater than 10,000 square feet in area shall also be diverted around disturbed areas, unless shown to have resulted runoff rates of less than 0.5 feet/second across the disturbed area for the 1-year storage. Diverted runoff shall be conveyed in a manner that will not cause erosion, scour or flooding of the conveyance at receiving channels. (2) All activities on the site shall be conducted in a logical sequence to minimize the area of bare soil exposed at any one time. (3) Runoff from the entire disturbed area on the site shall be controlled by meeting either divisions (a) and (b) or (a) and (c). (a) All exposed soil areas with a continuous positive slope within 200 lineal feet of a surface water must have temporary erosion protection or permanent cover for the exposed soil areas year-round, according to the following table of slopes and time frames: Type of Slope Time Steeper than 3:1 7 days 10:1 to 3:1 14 days Flatter than 10:1 21 days (b) For sites with more than ten acres disturbed at one time, or if a channel originates in the disturbed area, one or more temporary or permanent sedimentation basins shall be constructed. Each sedimentation basin shall have a surface area of at least one percent of the area draining to the basin and at least three feet of depth and constructed in accordance with accepted design specifications. Sediment shall be removed to maintain a depth of three feet. The basin discharge rate shall also be sufficiently low as to not cause erosion, scour or flooding along the discharge channel or the receiving water. (c) For sites with less than ten acres disturbed at one time, silt fences or equivalent control measures shall be placed along all side slopes and downslope sides of the site. If a channel or area of concentrated runoff passes through the site, silt fences shall be placed along the channel edges to reduce sediment reaching the channel. The use of silt fences or equivalent control measures must include a maintenance and inspection schedule. (4) Any soil or dirt storage piles containing more than ten cubic yards of material should not be located with a downslide drainage length of less than 25 feet from the toe of the pile to a roadway or drainage channel. If remaining for more than seven days, they shall be stabilized by mulching vegetative cover, tarps or other means. Erosion from piles which will be in existence for less than seven days shall be controlled by placing straw bales or silt fence barriers around 410 |Page the pile. In-street utility repair or construction soil or dirt storage piles located closer than 25 feet of a roadway or drainage channel must be covered with tarps or suitable alternative control; if exposed for more than seven days, the storm drain inlets must be protected with an appropriate filtering barrier. (G) Inspection and maintenance. All stormwater management BMPs shall be inspected weekly or after every 1/2-inch rain event by the applicant. If sediment has reached 1/3 the capacity of the sediment control practice, appropriate maintenance or replacement of the BMP must be completed to ensure maximum effectiveness. Ord. #79, adopted 03/09/2005 § 157.18 COMPLETION OF WORK. Work will be considered complete when all exposed soil areas have undergone final stabilization, as defined in § 155.06; is constructed to finish grade, and is in conformance with all permit conditions of approval to the satisfaction of the city. The applicant or representative shall notify the city when the land-disturbing operations are ready for final inspection. Final approval shall not be given until all work, including installation of all drainage facilities and their protective devices, and all erosion control measures, have been completed and final stabilization has occurred in accordance with this chapter. Ord. #79, adopted 03/09/2005 § 157.19 ENFORCEMENT PROCEDURES. (A) Right of entry. The applicant shall promptly allow the city and its authorized representatives, upon presentation of credentials, to: (1) Enter upon the permitted site for the purpose of obtaining information, examination of records, conducting investigations, inspections or surveys; (2) Bring any equipment upon the permitted site as is necessary to conduct the surveys and investigations; (3) Examine and copy any books, papers, records or memoranda pertaining to activities or records required to be kept under the terms and conditions of this permitted site; (4) Inspect the stormwater pollution control measures; (5) Sample and monitor any items or activities pertaining to stormwater pollution control measures; and (6) Any temporary or permanent obstruction to the safe and easy access of an inspection shall be promptly removed upon the inspectorÓs request. The cost of providing this access shall be borne by the applicant. 411 |Page (B) Warning letter. If, upon inspection by the city, the applicant fails to implement the erosion and sediment control practices outlined in the approved stormwater pollution prevention plan, the city will notify the applicant of noncompliance and a timeline for completion of any work to bring the site into compliance. (C) Action against the financial security. If appropriate actions by the applicant have not been completed within seven days after notification by the city, the city may act against the financial security if any of the conditions listed below exist. The city shall use funds from this security to finance any corrective or remedial work undertaken by the city or a contractor under contract to the city and to reimburse the city for all direct cost incurred in the process of remedial work, including but not limited to staff time and attorneyÓs fees: (1) The applicant ceases land-disturbing activities and/or filling and abandons the work site prior to completion of the city-approved grading plan; (2) The applicant fails to conform to any city-approved grading plan and/or the stormwater pollution control plan as approved by the city, or related supplementary instructions; (3) The techniques utilized under the stormwater pollution control plan fail within one year of installation; (4) The applicant fails to reimburse the city for corrective action taken under § 155.16; or (5) Emergency action under either part (D). (D) Emergency action. If circumstances exist such that noncompliance with this chapter poses an immediate danger to the public health, safety and welfare, as determined by the city, the city may take emergency preventative action. The city shall also take every reasonable action possible to contact and direct the applicant to take any necessary action. Any cost to the city may be recovered from the applicantÓs financial security. Penalty, see § 155.99 Ord. #79, adopted 03/09/2005 § 157.99 PENALTY. Any person, firm or corporation violating any provision of this chapter shall be guilty of a misdemeanor and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. Ord. #79, adopted 03/09/2005 412 |Page 157.01. Findings . It is hereby determined that: (A) Land development projects and associated increases in impervious cover alter the hydrologic response of local watersheds and increase stormwater runoff rates and volumes, flooding, stream channel erosion, and sediment transport and deposition; and, (B) This stormwater runoff contributes to increased quantities of water-borne pollutants; and, (B) Stormwater runoff, soil erosion and non-point source pollution can be controlled and minimized through the regulation of stormwater runoff from development sites. Therefore, the City establishes this set of water quality and quantity policies applicable to all surface waters to provide reasonable guidance for the regulation of stormwater runoff for the purpose of protecting local water resources from degradation. It is determined that the regulation of stormwater runoff discharges from land development projects and other construction activities in order to control and minimize increases in stormwater runoff rates and volumes, soil erosion, stream channel erosion, and non-point source pollution associated with stormwater runoff is in the public interest and will prevent threats to public health and safety. 157.01. Definitions The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Bench is a relatively level step excavated into earth material on which fill is to be placed. Best Management Practices (BMP) are erosion control, sediment control and water quality management practices that are most effective and practicable for means of controlling, preventing and reducing the degradation of surface water as published by state or designated area-wide planning agencies. Buffer means land that is used to protect adjacent lands and waters from\\development and more intensive land uses. The land is kept in a natural state of trees, shrubs, and low ground cover and understory of plants and functions to filter runoff, control sediment and nutrient movement, and protect fish and wildlife habitat. In areas of agricultural use, the land may be used for less intensive agricultural purposes provided its function as a buffer remains intact. Channel means a natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water. Common Plan of Development or Sale is a contiguous area where multiple separate and distinct land disturbing activities may be taking place at different times, or on different schedules, but under one proposed plan. This item is broadly defined to include design, permit application, advertisement or physical demarcation indicating that land-disturbing activities may occur. Detention facility is a temporary or permanent natural or man-made structure that provides for the temporary storage of stormwater runoff. Discharge is the release, conveyance, channeling, runoff or drainage of stormwater, including snowmelt, from a construction or development site. Filter strip is a vegetated section of land designed to treat runoff as overland sheet flow. It may be designed in any natural vegetated form from a grassy meadow to a small forest. The dense vegetated cover facilitates pollutant removal, reduces erosion and promotes infiltration. Floodplain the channel or beds proper and the areas adjoining a wetland, lake or 413 |Page watercourse that have been or hereafter may be covered by the regional flood. High water level is the expected elevation the water in a stormwater pond will rise to a 100 year rain event as calculated by the pond design. Hydric soils are soils that are saturated, flooded, or ponded long enough during the growing season to develop anaerobic conditions in the upper soil horizon. Hydrologic Soil Group (HSG) means a Natural Resource Conservation Service classification system in which soils are categorized into four runoff potential groups. The groups range from A soils, with high permeability and little runoff production, to D soils, which have low permeability rates and produce much more runoff. Impaired Waters are water bodies that do not meet water quality standards and designated uses because of pollutant(s), pollution, or unknown causes of impairment. Impervious surface is a constructed hard surface that either prevents or retards the entry of water into the soil and causes water to run off the surface in greater quantities and at an increased rate of flow than existed prior to development. Examples include rooftops, sidewalks, patios, driveways, parking lots, storage areas, and concrete, asphalt, or gravel roads. Class 5 gravel surfaces are considered to be impervious surfaces. Land disturbance activity is any land change that may result in soil erosion from water or wind and the movement of sediments into or upon waters or lands within this governmentÓs jurisdiction, including but not limited to construction, clearing and grubbing, grading, excavating, transporting and filling of land. Within the context of this ordinance, land disturbance activity does not mean: (B) minor land disturbance activities including, but not limited to, underground utility repairs, home gardens, home landscaping, minor repairs and maintenance work which do not disturb more than two thousand (2,000) square feet of land or exceed one hundred (100) cubic yards of earthwork provided work does not obstruct or modify a watercourse or storm sewer system and is not located in a floodplain; (B) installation and maintenance of fences, signs, posts, poles, electric, telephone, cable television, utility lines or individual service connections to these utilities; or (B) general farming practices, or (B) emergency work to protect life, limb, or property and emergency repairs, unless the land disturbing activity would have otherwise required an approved erosion and sediment control plan, except for the emergency. If such a plan would have been required, then the disturbed land area shall be shaped and stabilized in accordance with the cityÓs requirements as soon as possible. Native vegetation is the pre-settlement (already existing in Minnesota at the time of statehood in 1858) group of plant species native to the local region, that were not introduced as a result of European settlement or subsequent human introduction. Normal water level refers to the permanent pool of water retained in a stormwater pond. By design, this is the water level below the invert elevation of the pond outlet with a depth not to exceed eight (8) feet. Ordinary high water level "Ordinary high water level" means the boundary of water basins, watercourses, public waters, and public waters wetlands, and: ( )the ordinary high water level is an elevation delineating the highest water level that has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly the point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial; ( ) for watercourses, the ordinary high water level is the elevation of the top of the bank of the channel; and ( ) for reservoirs and flowages, the ordinary high water level is the operating elevation of the normal summer pool. Outfall is the point of discharge to any watercourse from a public or private stormwater drainage system. 414 |Page Permanent cover means Ðfinal stabilizationÑ. Examples include grass, gravel, asphalt and concrete. See also the definition of Ðfinal stabilizationÑ. Pretreatment means directing stormwater runoff through a BMP or series of BMPs for the purpose of removing sediment and/or other pollutants prior to discharge into a receiving basin. Project is a planned undertaking resulting in changes to the condition of a property. Public Waters are waters of the state as defined in Minnesota Statutes, Section 103G.005, Subdivision 15. Retention facility is a temporary or permanent natural or manmade structure that provides for the storage of storm water runoff by means of a permanent pool of water. Runoff is rainfall, snowmelt, dewatering discharge, irrigation or any man-made sources of water flowing over the ground surface. Sediment is the product of an erosion process; solid material both mineral and organic, which is in suspension, is being transported, or has been moved by water, wind, or ice and has come to rest on the earth's surface either above or below water level. Slope is the incline of a ground surface expressed as a ratio of horizontal distance to vertical distance. Special Water means a s urface water or receiving water that is of a high quality or is deemed worthy to receive extra protection. Stormwater. Under Minnesota Rule 7077.0105, Subpart 41b), storm water, Ðmeans precipitation runoff, stormwater runoff, snow melt runoff and any other surface runoff and drainageÑ. According to the Code of Federal Regulations (CFR), under 40 CFR 122.26 \[b\]\[13\], ÐStormwater means storm water runoff, snow melt runoff and surface and drainageÑ. Stormwater does not include construction site dewatering. Storm sewer system, includes but is not limited to, the combination of roadway gutters, roadway section ditches, culverts, storm sewer piping, overflow channels, infiltration trenches, detention and retention water quality treatment basins and other methods or devices used for capturing, conveying, controlling and treating stormwater and snow melt runoff. Stormwater Pollution Prevention Plan is joint stormwater, erosion prevention and sediment control plan that is a document containing the requirements of Section I. When implemented, the plan will define the methods to be used to reduce soil erosion on a parcel of land and off-site non-point pollution. The plan involves both temporary and permanent controls. Stormwater pond (also referred to as wet sedimentation basin, wet retention basin, or simply wet pond) is a man-made or modified natural basin constructed to capture and retain stormwater runoff for the purpose of removing pollutants and mitigating downstream water quantity impacts. Surface Waters means all streams, ponds, lakes, marshes, wetlands, reservoirs, springs, rivers, drainage systems, waterways, watercourses, and irrigation systems, whether natural or artificial, public or private. Vegetated (Grassy) swale is a vegetated earthen channel that conveys storm water while treating the stormwater by biofiltration. Such swales aid in the removal of pollutants by both filtration and infiltration. Waters of the State as defined in Minnesota Statutes Section 115.01, Subdivision 22, the term, Ð . . . waters of the state means all streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the state or any portion thereofÑ. Commentary: According to Minnesota Rules 7050.0130, Subpart A, disposal systems or treatment works operated under either a Minnesota Pollution Control Agency (MPCA) permit or an agency certificate of compliance are not considered Ðwaters of the state.Ñ Under Minnesota Rules 7050.0130, Subpart F, constructed wetlands designed for wastewater treatment are not Ðwaters of the state.Ñ Also see the definition of ÐWetlandsÑ. Watercourse is a ditch, stream, creek, or other defined channel intended for the conveyance of water, runoff, groundwater discharge or similar hydraulic or hydrologic purpose. 415 |Page Wetlands. "Wetlands" means lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water. For purposes of this definition, wetlands must have the following three attributes: ( ) have a predominance of hydric soils; ( )are inundated or saturated by surface or ground water at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions; and ( ) under normal circumstances support a prevalence of such vegetation. (MN Statutes 103.G.005) 157.02. Purpose The City has a strong interest in protecting and managing its valuable water and natural resources, recognizing the relationships between resource protection, land use management, development, redevelopment and fiscal responsibility. Federal and State regulations have placed restrictions and requirements on the management and discharge of stormwater with which the City must comply. The CityÓs Local Surface Water Management Plan (LSWMP) established goals and policies to meet those regulations. The City provides requirements for stormwater management on development and redevelopment projects to ensure the CityÓs goals and policies are met and that there is compliance with federal, state, and local rules. The City recognizes in its Surface Water Management Plan that Rice Creek Watershed District (RCWD has primary responsibility for stormwater management permits within the City, and staff is authorized to defer to RCWD in permit review and enforcement. 157.02-157.03 Reserved Post-Construction Stormwater Management 157.2004 Stormwater Management Plan (A) General Criteria. A stormwater management plan shall be required of all new development, redevelopment and land disturbance projects greater than one (1) acre in parcel size or part of a greater plan of development. This plan shall be designed to reduce and/or minimize the impervious area of the site, control the peak flow rate, and minimize the volume of stormwater runoff from the same as required in the LSWMP and this Code. Plans must be submitted to the City for review and approval prior to the start of construction. Each project will construct, implement and maintain all best management practices (BMP) that are deemed necessary to achieve the goals of this Chapter, including post-construction stormwater management BMPs. Prior to the start of construction, all projects shall be in possession of any and all permits required for the project including, but not limited to: 1. Rice Creek Watershed District, 2. City of Centerville, 3. U.S. Army Corps of Engineers, 4. National Pollutant Discharge Elimination System (NPDES), and 5. Wetland restoration or mitigation plan approval. Projects smaller than one (1) acre in size are encouraged to implement BMPs that will promote infiltration and contribute to improved water quality. The City reserves the right to require erosion prevention measures to land-disturbing activities of less than one acre, when in the judgment of the CityÓs Public Works Director, the land disturbing activities are likely to result in discharge of sediment or other pollution into the CityÓs stormwater system, or into Waters of the State. 157.05 157.21 Design Standards. Minimal Impact Design Standards (MIDS) shall be followed to achieve the best stormwater management. The 416 |Page BMPs used should seek to mimic the natural hydrology, utilize pervious areas for stormwater treatment an 417 |Page infiltrate stormwater runoff from driveways, sidewalks, rooftops, parking lots, and landscaped areas to the maximum extent practical to provide treatment for both water quality and quantity. The Minnesota Stormwater Manual (MN Pollution Control Agency), the Minnesota Urban Small Sites BMP Manual (Metropolitan Council), Local Road Research Board BMP Maintenance Guide, and Protecting Water Quality in Urban Areas (MPCA) are resources that provide guidance in achieving these goals. (A) Implementation. Low Impact Development, Better Site Design, or Green Infrastructure design techniques are the preferred methods of achieving stormwater management. Mimicking the natural topography and land cover as they exist in the pre-developed condition to meet the standards and requirements of the City and other regulatory agencies shall be the first consideration. (B) Recommended Practices. Practices and methods used to achieve the intent of the above paragraph shall include, but not be limited to, the following: (1) rain gardens (2) green roofs (3) bio-retention practices (4) pervious pavements or pavers (5) plots of native vegetation and/or buffers in place of sod (6) reforestation and revegetation (7) trees and tree box filters (8) reduction of impervious area (9) rain water harvesting (C) Other Practices. Other traditional stormwater BMPs may be approved on a site by site basis to achieve the goals of water quality and quantity, and rate control. These practices shall conform to the standards outlined in the resources referenced above. (D) All stormwater runoff shall be pre-treated prior to discharge to any surface water. (E) Maintenance Plan. A plan shall be established to maintain all temporary and permanent BMPs in a working and efficient condition. This may include removal of invasive species, sediment, debris, or any other foreign or obstructive object or condition that prevents the BMPs from performing as designed. (F) Exemption. The mill and overlay or rehabilitation of a public roadway that does not create additional impervious surfaces; and sidewalk or trail projects are exempt from these stormwater requirements. These projects may be subject to other regulations. 157.06157.22. Drainage. Site alteration, grading, placement and installation of BMPs and other related activities shall be implemented in such a way that drainage from the site shall not exceed the pre-developed rates and will not adversely affect neighboring properties. 157.08. 157.23 Calculations. Hydrologic and hydraulic design calculations must be submitted for the pre-development and post-development conditions for the 2, 10, and 100 year events as well as the 10 day snow melt event. Such calculations shall include: (i) description of the design storm frequency, intensity and duration, (ii) time of concentration, (iii) Soil Curve Numbers or runoff coefficients, (iv) peak runoff rates and total runoff volumes for each watershed area, (v) infiltration rates, where applicable, (vi) culvert capacities, (vii) flow velocities, (viii) data on the increase in rate and volume of runoff for the design storms used, and (ix) documentation of sources for all computation methods and field test results. 418 |Page 157.07157.24. Volume Control and Pollutant Management For non-linear projects, water quality volume (calculated as an instantaneous volume) must be calculated as one (1) inch times the sum of the new and the fully reconstructed impervious surface. For linear projects, water quality volume (calculated as an instantaneous volume) must be calculated as the larger of one (1) inch times the new impervious surface or one-half (0.5) inch times the sum of the new and the fully reconstructed impervious surface. Where the entire water quality volume cannot be treated within the existing right-of-way, a reasonable attempt to obtain additional right-of-way, easement, or other permission to treat the stormwater during the project planning process must be made. Volume reduction practices must be considered first. Volume reduction practices are not required if the practices cannot be provided cost effectively. If additional right-of-way, easements, or other permission cannot be obtained, the owner/operator of construction activity must maximize the treatment of the water quality volume prior to discharge from the CityÓs MS4. Stormwater volume management practices shall be the equivalent of infiltrating or retaining the first one and one-tenth (1.1) inches of precipitation over the impervious surface of the site. These practices should seek to utilize pervious areas for stormwater treatment and to infiltrate stormwater runoff from driveways, sidewalks, rooftops, parking lots and landscaped areas to the maximum extent practical to provide treatment for both water quantity and quality. ) New Development projects shall achieve no net increase from pre-project conditions (on an annual average basis) of stormwater discharge volume; discharges of total suspended solids (TSS); and discharge of total phosphorus (TP). ) Redevelopment projects shall achieve a net reduction from pre-project conditions (on an annual average basis) of stormwater discharge volume; discharges of total suspended solids (TSS); and discharge of total phosphorus (TP). The requirements of this section may be altered and alternative treatment BMPs approved under the following limitations: 1) Infiltration techniques shall be prohibited when the infiltration structural BMP will receive discharges from or be constructed in areas: a) Areas that that receive runoff from vehicle fueling and maintenance areas; b) Areas where infiltrating stormwater may mobilize high levels of contaminants in soil or groundwater; c) Areas where soil infiltration rates are field measured at more than 8.3 inches per hour unless the soils are amended to slow the infiltration rate below 8.3 inches per hour; d) Areas with less than three (3) feet of separation distance from the bottom of the infiltration system to the elevation of the seasonally saturated soils or the top of bedrock; e) Areas of predominately Hydrologic Soil Group type D soils (clay); f) Within a Drinking Water Supply Management Area (DWSMA) as defined in Minn. R. 4720.5100, subp. 13, if the system will be located: i. In an Emergency Response Area (ERA) within a DWSMA classified as having high or very high vulnerability as defined by the Minnesota Department of Health; or 419 |Page ii. In an ERA within a DWSMA classified as moderate vulnerability unless a higher level of engineering review sufficient to provide a functioning treatment system and to prevent adverse impacts to groundwater has been approved by the \[NAME OF MS4\]; or iii. Outside of an ERA within a DWSMA classified as having high or very high vulnerability unless a higher level of engineering review sufficient to provide a functioning treatment system and to prevent adverse impacts to groundwater has been approved by the \[NAME OF MS4\]. g) Areas within 1,000 feet upgradient or 100 feet downgradient of active karst features; and h) Areas that receive runoff from the following industrial facilities not authorized to infiltrate stormwater under the NPDES stormwater permit for industrial activities: i. automobile salvage yards; ii. scrap recycling and waste recycling facilities; iii. hazardous waste treatment, storage, or disposal facilities; iv. wood preserving facilities; or i.v. air transportation facilities that conduct deicing activities. ( ) where industrial facilities are not authorized to infiltrate industrial stormwater under an NPDES/SDS Permit, ( ) where vehicle fueling and maintenance occur ( ) with less than 3 feet of separation from the bottom of the infiltration system to the elevation of the seasonally saturated soils or top of bedrock ( ) where high levels of contaminants in soil or groundwater will be mobilized by the infiltration of stormwater. 0) Infiltration techniques will be restricted when the infiltration device will be constructed in areas: ( ) with predominately Hydrologic Soil Group D soils ( ) within 1,000 feet up-gradient or 100 feet down-gradient of active karst features ( ) within a Drinking Water Source Management Area (DWSMA) as defined in the cities Wellhead Protection Plan ( )where soil infiltration rates are more than 8.3 inches per hour B) If volume and pollutant management controls cannot be constructed on-site, off-site locations where the controls can be met must be identified. Guidance for best management practices and standards for these mitigation processes should follow the Minimal Impact Design Standards (MIDS) Design Sequence Flowchart for flexible treatment options contained in the MN Stormwater Manual. 1) For non-linear projects, where the water quality volume cannot cost effectively be treated on the site of the original construction activity, the remaining water quality volume must be addressed through off-site treatment and meet the following requirements (must be selected in the following order of preference): (a) Locations that yield benefits to the same receiving water that receives runoff from the original construction activity. 420 |Page (b) Locations within the same DNR catchment area as the original construction activity. (c) Locations in the next adjacent DNR catchment area up-stream. (d) Locations anywhere within the CityÓs jurisdiction. 2) Off-site treatment projects must involve the creation of new structural stormwater BMPs or the retrofit of existing structural stormwater BMPs, or the use of a properly designed regional structural stormwater BMP. Routine maintenance of structural stormwater BMPs owned or operated by the City cannot be used to meet this requirement. 3)Off-site treatment projects must be completed no later than 24 months after the start of the original construction activity. 4) The applicant may provide payment to the City in lieu of off-site treatment. 157.08157.25. Impaired Waters and Total Maximum Daily Loads. If a site drains to a surface water that has been listed as impaired pursuant to section 303(d) of the federal Clean Water Act more stringent water quality measures will be required. If a Total Maximum Daily Load (TMDL) has been written for the impaired water then all best management practices deemed necessary to comply with the requirements of the TMDL must be implemented. 157.09157.26. Industrial Sites. Certain industrial sites are required to prepare and implement a stormwater pollution prevention plan, and shall file a notice of intent (NOI) under the provisions of the National Pollutant Discharge Elimination System (NPDES) general permit. The stormwater pollution prevention plan requirement applies to both existing and new industrial sites. 157.10. 157.27. Wetlands. Runoff shall not be routed directly to wetlands without first passing through an appropriate settling or approved pre-treatment basin. Said basins must meet engineering standards for volume and flow directed to the basin. (A) A protective buffer strip of natural vegetation at least 15 feet (25 feet is preferred) in width shall surround all wetlands. (B) Wetlands must not be drained, filled, or altered, wholly or partially, unless in compliance with and permitted under the most current rules adopted by the Minnesota Board of Water and Soil Resources in the Wetland Conservation Act (WCA). Wetland replacement must be guided by the following principles in descending order: (1) Avoidance (2) Minimization (3) Mitigation (C) Permits to work in wetlands must be obtained from the local water management organizations, acting as local governmental units (LGU), with respective jurisdiction within the City to administer the WCA. (D) Permanent boundary markers, in the form of signage approved by the City, should be installed prior to final approval of the required clearing and grading plan. 421 |Page 157.11. 157.28. Maintenance of Stormwater BMPÓs. The owner(s) must enter into a long-term maintenance agreement with the City that documents all responsibilities for long-term operation and maintenance of stormwater treatment practices that are not owned or operated by the City. At a minimum, the long-term maintenance agreement must include provisions that: (A) Allow the City to conduct inspections of structural stormwater BMPs not owned or operated by the City, perform necessary maintenance, and assess costs for those structural stormwater BMPs when the City determines the owner of that structural stormwater BMP has not ensured proper function; (B) Are designed to preserve the CityÓs right to ensure maintenance responsibility, for structural stormwater BMPs not owned or operated by the City, when those responsibilities are legally transferred to another party; and (C) Are designed to protect/preserve structural stormwater BMPs. If structural stormwater BMPs change, causing decreased effectiveness, new, repaired, or improved structural stormwater BMPs must be implemented to provide equivalent treatment to the original BMP. The design and planning of all stormwater management facilities shall include detailed maintenance and repair procedures to ensure their continued function. These plans will identify the parts or components of a stormwater management facility that need to be maintained and the equipment and skills or training necessary. Provisions for the periodic review and evaluation of the effectiveness of the maintenance program and the need for revisions or additional maintenance procedures shall be included in the plan. (A) All private stormwater BMPs shall be maintained by the owner(s) such that the BMP performs the intended treatment function. Public stormwater BMPs shall be the responsibility of the City in that the City will ensure that the capacity of retention/detention ponds is adequate and will repair or replace storm sewer system components as needed. (A) The applicant must ensure access to all stormwater treatment practices at the site for the purpose of inspection and repair by securing all the maintenance easements needed on a permanent basis. These easements will be recorded with the plan and will remain in effect even with transfer of title to the property. (A) The applicant must execute an easement and an inspection and maintenance agreement binding on all subsequent owners of land served by any on-site stormwater management measure in accordance with the specifications of this ordinance. 157.12-157.14157.29-157.31 Reserved 157.15.157.32. Alterations to and Use of Public and Private Stormwater Ponds. (A) No alterations to shorelines or vegetation around stormwater ponds shall be allowed unless authorized by the City. (B) Fountains or other circulating devices will not be allowed in stormwater ponds unless authorized by the City. (C) Chemical treatment of stormwater ponds will not be allowed unless authorized by the City. (D) Structures will not be allowed within the stormwater pond or protective buffer zone. These will include but not be limited to retaining walls, docks, piers, diving platforms, etc. (E) Recreational activities, including but not limited to boating, swimming, fishing and skating are prohibited on stormwater ponds located on city owned property. These activities are discouraged on all other ponds. (F) Dumping of yard waste materials in, on or around any stormwater pond is prohibited. 422 |Page (G) Cattails growing in and around stormwater ponds may be cut with the permission and direction of the City. 157.16.157.33. Appropriations from stormwater ponds Appropriation of water from stormwater ponds for the purpose of private irrigation may be allowed based upon criteria established by the City. City approval must be granted before use begins. 157.17157.34 - Reserved 157.18.157.35 Rain Gardens. Rain Gardens in Road Right of Way (A) Rain gardens proposed for construction in the right of way must have plans approved by the City Public Works Department. These plans will include illustration of area draining to the rain garden; design details to prove proper sizing/capacity to handle the area of drainage; illustrate property boundaries, location of street features, driveway, house and other structures in relation to the rain garden; and include proof of infiltration potential and ability to drawdown within a 48 hour period. (B) Rain gardens capturing street runoff would require a curb cut to direct flow into the rain garden. Curb cuts for rain gardens approved in the right of way will be constructed and paid for by the City. All other construction and maintenance associated with the rain garden is the sole responsibility of the homeowner except where constructed as a required BMP for a street reconstruction, in which case the construction costs may be paid for by the City. (C) City staff or designee has right of entry to all rain gardens in the right of way to ensure proper function of the feature. (D) Rain gardens in the right of way will be mapped as part of the City stormwater management system. These features will be counted toward meeting compliance of the CityÓs MS4 permit with the State of Minnesota or other regulatory requirements imposed on the City through state, federal or other government agencies. (E) The City shall have no liability for a privately constructed rain garden or its associated features. 157.19-157.49157.36-157.98 Reserved § 157.99 PENALTY. Any person, firm or corporation violating any provision of this chapter shall be guilty of a misdemeanor and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. Ord. #79, adopted 03/09/2005 Note: Illicit Discharge Detection and Elimination (See Chapter 51) 423 |Page 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, August 16, 2022 at 6:30 p.m. I. CALL TO ORDER The meeting was called to order at 6:34p.m. 1. Roll Call Present: Commissioner Darrell (DJ) Olson, Jr. Commissioner Richard Nelson Commissioner Les Kuiper Commissioner Gloria Semmelink (Present only after initial roll call and swearing in) Commissioner Bruce Thompson (Present only after initial roll call and swearing in) Commissioner David Kubat Commissioner Jon Krueger Absent: None Staff: City Administrator, Mark Statz Council Liaison, Russ Koski City Planner, Phil Carlson City Attorney, Kurt Glasser 2. Oath of Office Î New Members a. Bruce Thompson b. Gloria Semmelink Administrator Statz administered the oath of office for the two new Planning and Zoning Commissioners. II. PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA Administrator Statz noted that it would be a good time to elect a chair, or co-chair since the former chair has stepped down from the Commission. Motion by Commissioner Kubat, seconded by Commissioner Kuiper to Approve the amended Agenda. All in favor. Motion carried. IV. PUBLIC HEARINGS (6:34 PM or shortly thereafter) None V. AWARDS, PRESENTATIONS & APPEARANCES 1. Kurt Glasser (City Attorney) Î Open Meeting Law & Remote Meetings Page 1 of 3 City of Centerville Planning and Zoning Commission August 16, 2022 Open Meetings Attorney Glasser gave a presentation on the Open Meeting Law & Remote Meetings. The presentation emphasized the importance of conducting commission business in the open, so the public can observe the process. Attorney Glasser reviewed appropriate guidelines for communicating with other commissioners, explaining that doing so when a quorum is present constitutes a public meeting; using personal electronic devices for city business, and texting during meetings are also subject to public review. Remote meetings Attorney Glasser explained that remote meetings are ok, however he recommends limiting remote attendance, due to public notice provisions associated with remote participation. If a commissioner(s) wants to attend remotely and be part of the discussion and voting record then their physical location needs to be included in the public notice and their physical location needs to accessible to the public. If the remote participant(s) wants to monitor the meeting without participating then it is best to view the meeting on North Metro TV. 2. Phil Carlson (City Planner) Î Planning and Zoning 101 City Planner Phil Carlson gave a presentation on the basics of planning & zoning. The presentation included a historical overview on planning and zoning and review of key principles, such as findings of fact, equal protection, etc. and how they relate to the law. Mr. Carlson also discussed the role of the zoning ordinance, namely implementing the cityÓs comprehensive plan, and reviewed types and uses (principal, accessory, permitted, conditional, interim, etc.), as well as the sources of zoning authority. Mr. Carlson explained the difference between legal non-conformities and illegal non-conformities; he also discussed variances, reviewing criteria used when considering one, noting that commissioners need to look at the uniqueness of situations, and consider asking if what is being proposed is a reasonable use of the land. Mr. Carlson also reviewed zoning amendments, re-zonings, planned unit developments (PUDs), conditional use permits (CUP), and interim ordinances/moratoriums. Mr. Carlson also discussed public records and findings, pointing out that every time the P&Z reviews an application, holds a hearing or makes a recommendation, they are creating a public record of the decision. Mr. Carlson wrapped up his presentation with a discussion about official roles and responsibilities of staff (support), Planning & Zoning Commission (Advisory), and City Council (decision making authority). VI. OLD BUSINESS 1. None Motion by Commissioner Kuiper, seconded by Commissioner Twohy to recommend adoption of the attached ordinance related to Residential Outside Storage to City Council. All in favor. Motion carried. VII. NEW BUSINESS No Parking Areas Î Ordinance Review Page 2 of 3 City of Centerville Planning and Zoning Commission August 16, 2022 Administrator Statz introduced the ordinance on No Parking Areas. Discussion ensued about when parking is allowed and the width of existing streets. The ordinance will be brought back for more discussion. 1. Elect a new Chair Discussion ensued about electing a chair of the Planning and Zoning Commission. Motion by Commissioner Thompson, seconded by Commissioner Semmelink to elect Commissioner David Kubat to chair of the Planning and Zoning commission. All in favor. Motion carried. Discussion confirmed that Commissioner Krueger will remain in his current position as Vice Chair and that the committee will continue its practice of having the most senior member of the committee act as chair if the Chair and/or Vice Chair are not present. VIII. APPROVAL OF MINUTES June 7, 2022 Planning & Zoning Commission Meeting Minutes 1. Motion by Commissioner Nelson, seconded by Commissioner Kuiper to approve the June 7, 2022 Planning and Zoning Commission minutes. Commissioners Kuiper, Krueger, Olson, Nelson in favor. Commissioners Thompson and Semmelink abstained. Motion carried. 2. July 19, 2022 Planning & Zoning Commission Meeting Minutes Motion by Commissioner Kuiper, seconded by Commissioner Nelson to approve the July 19, 2022 Planning and Zoning Commission minutes. Commissioners Kuiper, Krueger, Olson, Nelson in favor. Commissioners Thompson and Semmelink abstained. Motion carried. IX. Announcements and Updates 1. Council Member Liaison Councilmember Koski reported that we are expecting an increase in the public safety budget. 2. AdministratorÓs Report City Administrator Statz reviewed the administratorÓs report as presented. Administrator Statz pointed out that there has been some interest in Block 7 from three developers. Two of the developers would follow the plans that Centra proposed. Approvals for development of block 7 would start over (preliminary and final plats). X. ADJOURNMENT Motion by Commissioner Kuiper, seconded by Commissioner Nelson to adjourn the meeting at 8:31 p.m. All in favor. Motion carried. Page 3 of 3 Administrator/EngineerÓs Report September 14, 2022 ELECTIONS - IMPORTANT INFORMATION REGARDING ELECTIONS 2022 (GENERAL) ALONG WITH MUNICIPAL ELECTIONS (MAYOR & 2 COUNCIL SEATS) Incumbents D. Love filed for the Mayoral seat (2 year term), Darrin Mosher filed for one (1) of the Council seats and Michelle Lakso filed for the other Council seat. Council seats are a 4 year term. These names will appear on the General Election ballot for Municipal Offices. General Election voting will commence as follows: AbsenteeÏEnvelope Process, September 23, 2022 (City Hall, 7:30 a.m.Ï4:00 p.m. MondayÏFriday) AbsenteeÏDirect Balloting, November 1, 2022 (City Hall, 7:30 a.m.Ï4:00 p.m., MondayÏFriday, Saturday, November 5, 2022, 10:00 a.m.Ï3:00 p.m.) & Monday, November 7, 2022, 7:30 a.m.Ï5:00 p.m.) General ElectionÏNovember 8, 2022 (St. GenevieveÓs Community Parish Center, 6995 Centerville Road, 7:00 a.m.Ï8:00 p.m.) If you are new to Centerville, moved within Centerville or changed your name due to marriage or divorce, -please register or re-register in time for Election Day. If you have questions, please contact: (651) 792- 7933 or Anoka County Elections at: (763) 324-1300. VOLUNTEER OPPORTUNITIES We continue to search for volunteers to serve on two (2) of our Boards and Committees. There is an opening on our Parks & Recreation Committee, and one (1) on our Economic Development Authority (EDA) Board. Volunteering is an excellent way to get involved in the community, and connect with others. Information about meeting schedules is listed below. Please call city hall at 651-429-3232 wth any questions about these opportunities! Parks & Recreation Committee Î Open Seat o Meets monthly on the first Wednesday of the month at 6:30 p.m., in chambers. Economic Development Authority Î Open Seat o Meets monthly on the third Wednesday of the month at 6:30 p.m., in chambers. PLANNING & ZONING City Code Updates At its meeting on 9/13, a public hearing will be held on the following zoning issues: Emerald Ash Borer The Commission will consider updates to clarify that all diseased trees must be removed if they pose a danger to the public. Discharge of Firearms While our current ordinance has many restrictions on the discharge of firearms and other projectiles, the Commission will consider strengthening that language. Liquor Licenses near Schools The Commission will consider amending the radius around schools in which a liquor license would not be issued. Stormwater Several updates to our cityÓs stormwater ordinances may be required by the cityÓs Municipal Separate Storm Sewer System (MS4) Permit. Block 7 A public hearing notice was published in the paper to consider a new prospective developer of the Block 7 property. However, details on the development are still being negotiated with the City. Therefore, the Commission may decide to postpone the hearing until next month. A new public notice will be published and notices will be mailed to surrounding properties. PARKS AND RECREATION Volunteer Appreciation Event Preparations for the second annual Volunteer Appreciation Event are being completed. The event has been rescheduled with a date following the CommitteeÓs September 12, 2022 meeting. It is still planned for Hidden Spring Park. The City appreciates their volunteers and this is one (1) way we recognize them for serving. Emerald Ash Borer Do you have Ash Trees? Are you aware of the Emerald Ash Borer? Are your trees dying and you do not know why? Do you know the types of trees in your yard? They could be Ash and the City Council just approved Rainbow Tree Care as the CityÓs preferred vendor for the treatment of Emerald Ash Borer. The City has utilized their services for several trees within parks and at City Hall. Rainbow Tree CareÓs telephone number is: 952-767-6920, web site: https://www.rainbowtreecare.com/. They are offering reduced pricing for treatment, a guarantee, etc. ADMINISTRATION Website Redesign Over the last week, staff has received website training. The final design of the website is nearing completion, and design of the mobile app will begin next. Meeting and City Hall Schedule September 12, 2022, 6:30 p.m. Î Parks & Recreation Committee Meeting (rescheduled from 9/7) September 13, 2022, 6:30 p.m. Î Planning & Zoning Commission Meeting September 21, 2022, 2022 6:30 p.m. Î Economic Development Authority Meeting September 28, 2022, 6:30 p.m. Î City Council Meeting October 4, 2022, 6:30 p.m. - Planning & Zoning Commission Meeting CENTERVILLE CARES World AlzheimerÓs Month is an annual international event, held in September and run by AlzheimerÓs Disease International, (ADI). The st event began in 2012 and September 21 is World AlzheimerÓs Day. The purpose of the event is to raise awareness and challenge stigma surrounding AlzheimerÓs and dementia, as well as support those suffering with the disease. ADI encourages individuals, businesses and charities to hold events of their own, and they provide planning resources for those interested in doing this; information about how to participate in an event that has already been planned is also available on ADIÓs website. Dementia is a degenerative brain condition affecting more than 50 million people world-wide. AlzheimerÓs is the most common form of dementia, accounting for approximately 50-60% of all dementia cases. If you would like to help raise awareness about this debilitating disease then visit ADIÓs website to learn more about how to get involved: https://www.awarenessdays.com/awareness-days-calendar/world-alzheimers-month-2022/ ECONOMIC DEVELOPMENT Quad Area Chamber Calendar September 28, 2022 Marketing Event Î 3:00-5:00 October 24, 2022 Î Chamber & Rotary Quarterly Social Î 5:00-7:00 Visit the Quad Area Chamber Website for Event Locations: htptps://www.quadareachamber.org/qacc-calendar749d6a73 PUBLIC SAFETY Centennial Fire District The Centennial Fire District is looking for volunteer firefighters. Please contact them at: 651-792-7900 for more information. The District is also offering free blood pressure checks from 9 a.m. until 3 p.m. Mondays, September 12, 19 and 26, 2022 at the Circle Pines Fire Station, located at 2 East Road. Appointments are not necessary. COMMUNITY DEVELOPMENT Project Map Staff has prepared a map of all active developments to help everyone get a better picture of whatÓs 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) The city continues negotiations with a developer who intends to build a concept largely similar to the previous proposal from Centra Homes. A public hearing on the development is anticipated for October 4, at the regular Planning and Zoning Commission Meeting. Centerville Elementary School Expansion A full Certificate of Occupancy has been issued and school is in session! stnd (3)(4) Old Mill Estates 1 and 2 Additions The developer has completed several tasks on the punch list; several still remain. Staff is monitoring progress to ensure completion in 2023. The homeowner adjacent to the trail on Old Mill Court has now moved the retaining wall to the edge of the wetland, further from the home. City staff is arranging for construction of the trail. (16) Centerville Self Storage The facility is now open for business. The developer has made progress to address drainage issues along the north side of the facility and will continue to work on minor clean-up items. (1) Bay View Villas (Waterworks Site) The developerÓs landscaping crew has finished work on the shoreline treatments and will be addressing other landscaping items from the punch list. (8) Atlas Villas Memory Care Project (1825 Main Street) A Certificate of Occupancy was granted to the facility by the cityÓs building department. The management company is working on their licensure, through the state and county, prior to opening their doors. (10-14) Rehbein Commercial The contractor is working on punch list items including boulevard restoration. The final lift of asphalt will be paved in September. (13) Kwik Trip Construction on the site is in full swing, with gas tanks installed this week along with footings for the canopies. Site grading and turn lane construction will continue in the coming weeks. The store anticipates opening around the end of December. (11) Norbella Senior Living A full Certificate of Occupancy has been issued. The site work and building construction are complete. The management company is now working through staffing and licensure issues. Look for a grand opening in the near future. (2) Peterson Shores Staff met with a prospective builder on site to discuss sewer and water connections as well as grading and driveway issues. (17, 19) Rehbein Industrial The developerÓs contractor continues to work on minor punch list items and will need to patch the base course of paving where the water main connection was made. The city is working with the developer on a plan to delay the wear course paving until 2023. (19) Sutton Transport Portions of the siteÓs parking and driveway areas have been paved. Further paving will be completed next week. Landscaping crews are also beginning their work to finish off the site. (15) 2050/2070 Main Street Î American Roofing Supply Landscaping crews have finished their work and the site is fully paved and ready for operations. Gates at the two entrances are being fabricated and will be installed soon. (18) Max Storage (Fairview Street) The Conditional Use Permit (CUP) has now been sent in to the County for recording and a grading permit has been issued. The building permit is imminent as soon as plumbing and mechanical plans are finalized. (17) Amazon Fulfillment Center Grading, utilities, parking lot and building pad construction are all moving along, on schedule. Water st main installation along 21 Ave. is now complete. A kick-off meeting for the Corridor Study has been set for next week. The study will prioritize area-wide transportation improvements to address increased traffic from Amazon and surrounding growth. U.S. INTERSTATE HIGHWAY NO. 35E L I N O L A K E SO F C I T Y 21ST AVENUE 21ST AVENUE (PRIVATE D R.) L I N O L A K E SO F C I T Y 20TH AVENUE S. C.S.A.H. NO. 54 20TH AVENUE N. COUNTY ROAD NO. 54 AVENUE WEST ROBIN LANE TWIN LAKES AVENUE COTTONWOOD COURT BRIAN WAY SUMAC COURT BRIAN DRIVE BRIAN DRIVE DRIVE BRIAN BRIAN DRIVE SHAD AVENUE IVY COURT PETERSON DUPRE ROAD OAK CIRCLE MILL ROAD LANE PHEASANT PELTIER CIRCLE CLEAR CLEARWATER CLEARWATER ROAD MALLARD WAY VACATED VACATED CREEK PELTIER CIRCLE PROGRESS ROAD TOURVILLE CIRCLE C.S.A.H. NO. 21 CENTERVILLE ROAD ROAD CENTERVILLE CENTERVILLE ROAD CENTERVILLE ROAD LAKELAND CIR CLE HUNTERS RIDGE LANE GOIFFON VACATED ROAD BEAVER POND WAY O F C I T Y L I N O L A K E S D E S C R I P T I O N O V E R LA P L I N O L A K E SO FC I T Y COMMUNITY ENGAGEMENT Social Media Meeting Agenda Web Site Parks Programming AdministratorÓs Report uploaded Committee Agendas/Packets uploaded Community Email List AdministratorÓs Report Reader Board Meeting Agendas Meeting Schedules Community Events Parks Programming PUBLIC WORKS Commercial Water Connection Fee Assistance At the last City Council meeting, the Council voted to extend the program through the end of 2023. The program offers half-priced hook-up charges for businesses hooking to city water. Wellhead Protection Plan The Minnesota Department of Health held a kick-off meeting with city staff and consultants for the implementation of the cityÓs 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. Well #2 Repairs City staff has applied for a reimbursement grant from Xcel Energy for the installation of the Variable Frequency Drive (VFD), used in the repairs for Well #2. Seasonal Public Works Staff A special thank you is in order for our four seasonal public works staff members who are departing to head back to school. It was a busy summer for them and lots of great work got done. 2022 Thin Overlay Program and City Hall Parking Lot Improvements City Council awarded the bid to Bituminous Roadways, Inc. at their August 24, 2022 meeting. Although bids were higher than expected, industry research did not indicate a strong potential for prices to come down in the near future. A pre-construction meeting is scheduled for next week. All work will be completed this fall. City Hall Parking Lot Lighting At their upcoming meeting, the City Council will review plans for proposed lighting at City Hall. If approved, the work would be quoted for construction in the spring of 2023 in an effort to allow time to secure a grant through the Occupational Safety and Health Administration (OSHA).