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Home My WebLink About2023-08-08 P & Z Packet CITY OF CENTERVILLE PLANNING AND ZONING COMMISSION MEETING AGENDA Tuesday, August 08, 2023 6:30 p.m. Meeting Meeting Live Streamed at: https://northmetrotv.com/centerville-stream/ MEETING (6:30 PM) I. CALL TO ORDER 1.Roll Call II. PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA IV. PUBLIC HEARINGS (6:30 PM or shortly thereafter) 1. None V. AWARDS, PRESENTATIONS, APPEARANCES 1. None VI. OLD BUSINESS 1. Medical Facilities VII. NEW BUSINESS 1. Native Landscapes 2. Ordinance Review a. Accessory Structures i. Play Structure Exception ii. Placement on Vacant Lots VIII. APPROVAL OF MINUTES 1. July 10, 2023 Planning & Zoning Commission Meeting Minutes IX. ANNOUNCEMENTS/UPDATES 1. Council Member Liaison 2. AdministratorÓs Report X. ADJOURNMENT INFORMATION None REMINDERS City Council Meeting Î August, July 09, 2023 Economic Development Authority Î Wednesday, August 16, 2023 Parks & Recreation Committee Î Wednesday, September 1, 2023 Planning & Zoning Commission Î Tuesday, September 5, 2023 **Note date change** CITY OF CENTERVILLEREQUEST FOR ACTION Agenda Item # Department: RequestedMeetingDate: August 8, 2023 Planning VI.1 TITLE OF ISSUE: Medical Facilities BACKGROUND AND SUPPLEMENTAL INFORMATION: Last year, the Planning and Zoning Commission briefly discussed provisions for placement of medical facilities. Attorney Glasser has included a memo in your packet that provides an overview of things the Commission might consider. An example ordinance, from Woodbury, is also included in your packet. The information in your packet is meant to generate further discussion on this item, so staff can propose ordinance revisions in the near future. COST AND SOURCE(S) OF FUNDING: N/A REQUESTED ACTION: No formal action required. Discussion only. For ClerkÓs Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ Vote Record: Aye Nay _____ _____ Memo, Example ordinance Other __________ __________ickers ______________________________________________________________ __________ ____________________________________________________________________ _____ _____ ____ _____ Refer to: _________________________________ Tabled Until: ______________________________ Consent Other: ___________________________________ Regular MEMORANDUM TO: PLANNING & ZONING COMMISSION FROM: KURT GLASER, CITY ATTORNEY SUBJECT: SUBSTANCE ABUSE CLINIC STUDY & DISCUSSION POINTS DATE: JULY 6, 2023 Substance abuse clinics which provide medication-assisted treatment for individuals with opioid addiction can generate concerns and challenges within the surrounding community. These clinics typically provide daily doses of the prescription drugs methadone or suboxone to patients as part of treating substance abuse addiction. These clinics are commonly called, Ðmethadone clinics.Ñ The Commission is asked to study this subject to determine whether to impose conditions on the operation of these clinics. POTENIAL PROBLEMS Some of the common concerns associated with these clinics are: 1. Crime and Public Safety: Potential for increased crime rates, loitering, or illicit drug activities in the vicinity of these clinics. a. Drug-related Crimes: The illegal drug trade and related activities, such as drug dealing or the presence of individuals seeking to buy or sell drugs, can occur in the vicinity of methadone clinics. b. Property Crimes: There may be instances of property crimes such as theft, burglary, or robbery in the vicinity of methadone clinics. Some individuals struggling with addiction may resort to these activities to fund their substance use or due to financial difficulties associated with their condition. c. Prescription Fraud: These clinics dispense medication to their patients, and prescription fraud can occur when individuals attempt to obtain methadone illicitly or forge prescriptions for the medication. This can lead to crimes such as identity theft, prescription forgery, or illegal distribution of methadone. 2. Property Values: Some individuals worry that the presence of a methadone clinic in their neighborhood may have a negative impact on property values. 3. Traffic and Parking: Increased traffic and parking congestion caused by the influx of patients attending the clinic. 1 4. Environmental Impact: Improper disposal of medication or waste by the clinic may raise environmental concerns, particularly if it poses a risk to local water sources or wildlife. 5. Community Integration: These clinics often face opposition from community members who resist the integration of such facilities in their neighborhoods. This resistance can stem from various factors as stated above and also fears of the unknown, concerns about the clinic's impact on the community's character, or biases against individuals with substance use disorders. It is crucial to understand that these problems are not exclusive to areas with methadone clinics and can occur in any community affected by substance use disorders. These clinics play an essential role in providing treatment and support for individuals with opioid addiction, aiming to reduce the harm associated with substance abuse and improve overall community well-being. Effective regulation, security measures, and collaboration with local law enforcement can help address and prevent potential criminal activities in the surrounding areas. LOCAL REGULATION These clinics provide medical services and prescription medications under licenses issued by the State. These medical licenses are subject to State and Federal standards. Cities can regulate land use, impose general business regulations, and adopt anti-crime or public nuisance related ordinances. Potential conditions the City can impose on the clinic through land-use Permits. 1. Land Use Standards: a. Designate clinics to appropriate zoning districts. b. Create performance standards such minimum distances from nurseries, schools, daycare facilities, or other areas where children or protected persons tend to congregate. c. Create performance standards for the construction or configurate of the clinic. d. Set relevant conditions governed by Conditional Use Permits or Interim Use Permits. i. Use of Interim Permits for a set duration could be used to measure compliance with State, Federals, and City related standards. 2. Security measures: a. Require the clinic to have a security and traffic control plan. i. Maintain private security and traffic control personnel and programs. b. Require the client to pay for excess use of municipal services or emergency serves. i. Have the clinic maintain an escrow or post a bond to ensure payment. 2 3. Community Relations. a. The clinic could development and implementation of a community relations plan that is specific to the configuration and needs of the program within its community and includes but is not limited to the following actions: i. Establish a liaison with community representatives to share information about the program, the community, and mutual concerns and issues. ii. Identify program personnel who will function as community relations coordinators and define the goals and procedures of the community relations plan. iii. Serve as a community resource on substance use and related health and social issues as well as promote the benefit of medication-assisted treatment in preserving the public health. iv. Solicit community input about medication-assisted treatment and the programÓs presence in the community. v. Develop program policies and procedures to effectively address or resolve community problems (including patient loitering and medication diversion) and ensure that program operations do not affect community life adversely. b. Document community contacts and community relations efforts and evaluate the effectiveness of activities over time in addressing outstanding problems or deficiencies. c. Develop communication mechanisms that provide interested parties and potential patients with general information about the program outside of regular operating hours. 4. Voluntary and Involuntary Program Closure. a. The clinic, through State authorities and the City, must establish procedures that ensure continuity of care for patients in the event of either a voluntary or involuntary closure of their programs or loss of its land-use Permit. b. The closure plan should include standards for closure of the clinic, and steps for the notification and orderly transfer of patients, records, and assets to other programs or practitioners and the procedure for securing and maintaining patient records for a specified period of time in accordance with state and federal regulations. 3 3/28/23, 3:36 PMWoodbury, MN Code of Ordinances about:blank1/3 3/28/23, 3:36 PMWoodbury, MN Code of Ordinances about:blank2/3 3/28/23, 3:36 PMWoodbury, MN Code of Ordinances about:blank3/3 CITY OF CENTERVILLEREQUEST FOR ACTION Agenda Item # Department: RequestedMeetingDate: August 8, 2023 Planning VII.1 TITLE OF ISSUE: Native Landscaping BACKGROUND AND SUPPLEMENTAL INFORMATION: The state legislature has recently passed a bill relating to local governments requiring cities to allow native landscapes on private land; prohibiting certain vegetation overgrowth within cities; proposing coding for new law in Minnesota Statutes, chapter 412. The following items, included in your packet, should generate some good discussion on this topic: ¤ A memo from the Board of Water and Soil Resources showing examples of native landscape ordinances from around the state. ¤ A MemoÓs to the P&Z from Attorney Glasser, which could be a template for Centerville. ¤ A sample ordinance from Lexington, who simply added provisions to its existing ordinances to accommodate native landscaping regulation. COST AND SOURCE(S) OF FUNDING: N/A REQUESTED ACTION: No formal action required. Discussion only. For ClerkÓs Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ Vote Record: Aye Nay _____ _____ Sample ordinances, memo, article Other (specify) ____________ __________ __________ickers ______________________________________________________________ __________ ____________________________________________________________________ _____ _____ _____ Refer to: _________________________________ Tabled Until: ______________________________ Consent Other: ___________________________________ Regular MEMORANDUM TO: PLANNING & ZONING COMMISSION FROM: KURT GLASER, CITY ATTORNEY SUBJECT: PROPOSED NATIVE LANDSCAPE ORDINANCE DISCUSSION DATE: JANUARY 4, 2023 From the December Commission meeting, the version of the proposed ordinance in this memo adds a provision for governance by a Zoning Permit. See the highlighted portion, below. PROPOSED ORDINANCE Section ##.## Definitions MEADOW VEGETATION: Grasses and flowering broadleaf plants that are native to, or adapted to, the state of Minnesota, and that are commonly found in meadow and prairie plant communities, except weeds. NOXIOUS WEEDS: Those plants so categorized by the state of Minnesota under Minnesota statutes 18.75 - 18.91 and listed on the "noxious weeds list" published by the Minnesota department of agriculture. REGULARLY CUT: Mowing or otherwise cutting weeds or grass so that it does not exceed six inches (6") in length. TURF GRASSES: Grasses commonly used in regularly cut lawn areas, such as bluegrass, fescue and rye grass blends, and nonwoody vegetation interspersed with them. WEEDS: Shall be construed to mean and include all noxious weeds as defined by the statutes of the state of Minnesota to include, but not be limited to: buffalobur, burdock, common cocklebur, crabgrass, dandelions, jimsonweed, quack grass, common and giant ragweed, field sandbur, velvetleaf, and wild sunflower, and all such useless and troublesome plants as are commonly known as weeds to the general public. Weeds also include anything that is horticulturally out of place. For example, a tree seedling is a weed in a vegetable garden Section ##.## Nuisance 1 (a) Weeds and grass. All weeds or growing grass upon any lot, parcel of land, or adjacent right-of-way area in the city to a height greater than eight inches, or which have gone or are about to go to seed, are hereby declared to be a nuisance and a detriment to the good order of the city with the following exceptions: (1) Meadow vegetation shown on an approved landscape plan in accordance with Section ##.##; (2) Natural wooded areas; (3) Wetlands, ponds or rain gardens; and (4)Areas where mowing is prohibited by easement or law. Section ##.## Landscape Plan (1)Landscape Plan: A property owner may establish that a plant or plants are not horticulturally out of place by providing a written landscape plan for the area in question, complete with a listing and locations of plant species. The plants specifically defined as noxious weeds may not be included within the landscape plan. Vegetation that does not comply with this plan are weeds. (2) An area may be established pursuant to a landscape plan if: a. The prior vegetation is eliminated and the meadow vegetation is planted through transplanting or seed by human or mechanical means; b. The area is cut at least once per year to a length of no more than six inches (6"), if weeds cover more than twenty five percent (25%) of the area; c. The area is clearly defined by edging, fence, or similar material; d. The area is set back not less than twenty feet from the front lot line. For the purposes of this ordinance, corner lots shall be deemed to have two front yards; e.The area is set back not less than five feet from the side and/or rear lot lines to provide a transition zone. No set back is required on the side or rear lot lines if i. (1) there is a fully opaque fence at least five feet in height installed between the native plants and the side or rear lot lines or ii. (2) the native plants abut a neighboring Native Plant Landscape Area; f. A sign is posted on the property in a location likely to be seen by the public, advising that a meadow or prairie is being established. This sign is required only if the meadow vegetation is in an area likely to be seen by the public. This sign must be in addition to any sign permitted by the Sign 2 Ordinance but must be no smaller than ten inches (10") square, no larger than one square foot, and no higher than three feet (3') tall. (3) Zoning Permit: An approved landscape plan shall be incorporated into an biannual zoning permit. The City Administrator or his designee shall examine proposed landscape plans and issue a zoning permit when the elements of a plan meet the criteria set forth in this section. The zoning permit shall be subject to suspension or revocation if any vegetation grown on the lot, parcel of land, or adjacent right-of-way area does not conform to the approved landscape plan or otherwise violates law or regulation. EXISTING ORDINANCE SECTIONS The proposed ordinance would require revisions to the following, existing sections of the Code. SECTION 7.10. REGULATION OF GRASS, WEEDS, AND TREES. *** Subd. 3. Duty of Property Owners to Cut Grass and Weeds and Maintain Trees and Shrubs. Every owner of property abutting on any street shall cause the grass and weeds to be cut from the line of such property nearest to such street to the center of such street. If the grass or weeds in such a place attain a height in excess of one foot six inches it shall be prima facie evidence of a failure to comply with this Subdivision. Every owner of property abutting on any street shall, subject to the provision herein requiring a permit therefore, trim, cut and otherwise maintain all trees and shrubs from the line of such property nearest to such street to the center of such street. SECTION 10.33. MAINTENANCE OF PRIVATE PROPERTY. Subd. 1. Owner Responsibilities. It is the primary responsibility of any owner or occupant of any lot or parcel of land to maintain any weeds or grass growing thereon at a height of not more than six (6) inches; to remove all public health or safety hazards there from; to install or repair water service lines thereon; and to treat or remove insect- infested or diseased trees thereon. Subd. 2. Penalty. If any such owner or occupant fails to assume the primary responsibility described in Subdivision 1 of this Section, and after notice given by the Clerk has not within ten (10) days of such notice complied, the City may cause such work to be done and the expenses thus incurred shall be a lien upon such real estate. The Clerk shall certify to the County Auditor of Anoka County a statement of the amount of the cost incurred by the City. Such amount together with interest shall be entered as a special assessment against such lot or parcel of land and be collected in the same manner as real estate taxes. SECTION 15.103. GENERAL REQUIREMENTS. 3 Subd. 1. General Requirements. No person shall occupy as owner, occupant or let another for occupancy any dwelling or rooming unit for the purpose of living therein which does not comply with the following requirements. *** M. Maintenance of Grass, Weeds, Trees and Shrubs. Every owner of property abutting on any street shall cause the grass and weeds to be cut from the line of such property nearest to such street to the center of such street. If the grass or weeds in such a place attain a height in excess of six-inches it shall be prima facie evidence of a failure to comply with this Subdivision. Every owner of property abutting on any street shall, subject to the provision herein requiring a permit therefore, trim, cut and otherwise maintain all trees and shrubs from the line of such property nearest to such street to the center of such street. *** P. Yard Cover. Exposed areas surrounding (or within) a principal or accessory structure, including street boulevards which are not devoted to parking, drives, sidewalks, patios or other such uses, must be landscaped with grass, shrubs, trees, or other ornamented landscape material. Such landscaping shall be maintained in good condition and free of noxious weeds. Weeds, including tall grass, may not exceed six inches in height. 4 CITY OF LEXINGTON COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 23-0__ AN ORDINANCE REGARDING NATIVE LANDSCAPE WHEREAS, the first reading of this Ordinance occurred on February 2, 2023. WHEREAS, the second reading of this Ordinance occurred on February 16, 2023. THE CITY COUNCIL OF LEXINGTON DOES HEREBY ORDAIN AS FOLLOWS: Subdivision 1. Chapter 7 of the Lexington Code of Ordinances shall reflect the following changes. Section 7.01 Definitions MEADOW VEGETATION: Grasses and flowering broadleaf plants that are native to, or adapted to, the state of Minnesota, and that are commonly found in meadow and prairie plant communities, except weeds. NOXIOUS WEEDS: Those plants so categorized by the state of Minnesota under Minnesota statutes 18.75 - 18.91 and listed on the "noxious weeds list" published by the Minnesota department of agriculture. REGULARLY CUT: Mowing or otherwise cutting weeds or grass so that it does not exceed six inches (6") in length. TURF GRASSES: Grasses commonly used in regularly cut lawn areas, such as bluegrass, fescue and rye grass blends, and nonwoody vegetation interspersed with them. WEEDS: Shall be construed to mean and include all noxious weeds as defined by the statutes of the state of Minnesota to include, but not be limited to: buffalobur, burdock, common cocklebur, crabgrass, dandelions, jimsonweed, quack grass, common and giant ragweed, field sandbur, velvetleaf, and wild sunflower, and all such useless and troublesome plants as are commonly known as weeds to the general public. Weeds also include anything that is horticulturally out of place. For example, a tree seedling is a weed in a vegetable garden. 1 SECTION 7.10. REGULATION OF GRASS, WEEDS, AND TREES. *** Subdivision 3. Duty of Property Owners to Cut Grass and Weeds and Maintain Trees and Shrubs. Every owner of property abutting on any street shall cause the grass and weeds to be cut from the line of such property nearest to such street to the center of such street. If the grass or weeds in such a place attain a height in excess of one foot six inches it shall be prima facie evidence of a failure to comply with this Section Subdivision. Every owner of property abutting on any street shall, subject to the provision herein requiring a permit therefore, trim, cut and otherwise maintain all trees and shrubs from the line of such property nearest to such street to the center of such street. Subdivision 4. Weeds and grass. (A) All weeds or growing grass upon any lot, parcel of land, or adjacent right-of-way area in the city to a height greater than six inches, or which have gone or are about to go to seed, are hereby declared to be a nuisance and a detriment to the good order of the city with the following exceptions: 1. Meadow vegetation shown on an approved landscape plan as defined herein; 2. Natural wooded areas; 3. Wetlands, ponds or rain gardens; and 4. Areas where mowing is prohibited by easement or law. (B) Landscape Plan: A property owner may establish that a plant or plants are not horticulturally out of place by providing a written landscape plan for the area in question, complete with a listing and locations of plant species. The plants specifically defined as noxious weeds may not be included within the landscape plan. Vegetation that does not comply with this plan are weeds. An area may be established pursuant to a landscape plan if: 1. The prior vegetation is eliminated and the meadow vegetation is planted through transplanting or seed by human or mechanical means; 2. The area is cut at least once per year to a length of no more than six inches (6"), if weeds cover more than twenty five percent (25%) of the area; 3. The area is clearly defined by edging, fence, or similar material; 4. The area is set back not less than twenty feet from the front lot line. For the purposes of this ordinance, corner lots shall be deemed to have two front yards; 2 5. The area is set back not less than five feet from the side and/or rear lot lines to provide a transition zone. No set back is required on the side or rear lot lines if: a. there is a fully opaque fence at least five feet in height installed between the native plants and the side or rear lot lines; or b. the native plants abut a neighboring Native Plant Landscape Area. 6. A sign is posted on the property in a location likely to be seen by the public, advising that a meadow or prairie is being established. This sign is required only if the meadow vegetation is in an area likely to be seen by the public. This sign must be in addition to any sign permitted by the Sign Ordinance but must be no smaller than ten inches (10") square, no larger than one square foot, and no higher than three feet (3') tall. Subdivision 5. Zoning Permit: An approved landscape plan shall be incorporated into an biannual zoning permit. The City Administrator or his designee shall examine proposed landscape plans and issue a zoning permit when the elements of a plan meet the criteria set forth in this section. The zoning permit shall be subject to suspension or revocation if any vegetation grown on the lot, parcel of land, or adjacent right-of-way area does not conform to the approved landscape plan or otherwise violates law or regulation. Subdivision 6 4. City May Order Work Done. The City may, in cases of failure to comply with this Section, perform such work with employees of the City, keeping an accurate account of the cost thereof for each lot, piece or parcel of land abutting upon such street. Subdivision 7 5. Assessment. If such maintenance work is performed by the City as set forth in the foregoing Subdivision, the Clerk shall forthwith upon completion thereof ascertain the cost attributable to each lot, piece or parcel of abutting land. The Clerk shall, at the next regular meeting thereof, present such certificate to the Council and obtain its approval thereof. When such certificate has been approved it shall be extended as to the cost therein stated as a special assessment against such abutting land and such special assessment shall, at the time of certifying taxes to the County Auditor, be certified for collection as other special assessments are certified and collected. Subdivision 2. Chapter 10 of the Lexington Code of Ordinances shall reflect the following changes. SECTION 10.33. MAINTENANCE OF PRIVATE PROPERTY. 3 Subd. 1. Owner Responsibilities. It is the primary responsibility of any owner or occupant of any lot or parcel of land to maintain any weeds or grass growing thereon at a height of not more than six (6) inches; to remove all public health or safety hazards there from; to install or repair water service lines thereon; and to treat or remove insect-infested or diseased trees thereon. The maintenance requirements of this paragraph shall be consistent with the requirements contained in Section 7.10 of this Code of Ordinances. Subdivision 3. Chapter 15 of the Lexington Code of Ordinances shall reflect the following changes. SECTION 15.103. GENERAL REQUIREMENTS. Subd. 1. General Requirements. No person shall occupy as owner, occupant or let another for occupancy any dwelling or rooming unit for the purpose of living therein which does not comply with the following requirements. *** N. Maintenance of Grass, Weeds, Trees and Shrubs. Every owner of property abutting on any street shall cause the grass and weeds to be cut from the line of such property nearest to such street to the center of such street. If the grass or weeds in such a place attain a height in excess of six-inches it shall be prima facie evidence of a failure to comply with this Subdivision. Every owner of property abutting on any street shall, subject to the provision herein requiring a permit therefore, trim, cut and otherwise maintain all trees and shrubs from the line of such property nearest to such street to the center of such street. The maintenance requirements of this paragraph shall be consistent with the requirements contained in Section 7.10 of this Code of Ordinances. Subd. 6. Conditions of Components or Systems of Existing Residential Structures. *** O. Yard Cover. Exposed areas surrounding (or within) a principal or accessory structure, including street boulevards which are not devoted to parking, drives, sidewalks, patios or other such uses, must be landscaped with grass, shrubs, trees, or other ornamented landscape material. Such landscaping shall be maintained in good condition and free of noxious weeds. Weeds, including tall grass, may not exceed six inches in height. The maintenance requirements of this paragraph shall be consistent with the requirements contained in Section 7.10 of this Code of Ordinances. Subdivision 4. This Ordinance shall be in full force and effect from and after its adoption and publication as required by law. 4 Subdivision 5. Summary Publication. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lexington, due to the lengthy nature of this Ordinance does direct that this title and summary be prepared for publication pursuant to Minn. Stat. 412.191, Subd. 4 The Council finds that the following text clearly informs the public of the intent and effect of Ordinance 23-0__, and hereby approves the following summary text for publication: ÐSUMMARY PUBLICATION OF ORDINANCE 23-0__. AN ORDINANCE REVISING STORMWATER MANAGEMENT, was approved by the Lexington City Council on February ___, 2023. This Ordinance revised property management requirements allowing for native vegetation. NOTICE: the full text of Ordinance 23-0__ and its attachments are available for public inspection at Lexington City Hall located at 9180 Lexington Avenue, Lexington, MN 55014, during regular office hours.Ñ PASSED by the City Council of the City of Lexington this ____ day of ___________, 2023. ____________________________________ Gary Grote, Mayor ATTEST: ________________________________ Bill Petracek, City Administrator Published in the Quad Press on ___________________ ##, 2023 5 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 84|Page 91.55 Site owner and address 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: 85|Page (1) Annoy, injure or endanger the safety, health, comfort or repose of the public; (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; 86|Page (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: (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: 87|Page (A) All gambling devices, slot machines and punch boards, except as otherwise authorized by federal, state or local law; (B) Betting, bookmaking and all apparatus used in those occupations; (C) All houses kept for the purpose of prostitution or illegal sexual intercourse, gambling houses, houses of ill fame and bawdy houses; (D) All places where intoxicating liquor or controlled substance are manufactured or disposed of in violation of law or where, in violation of law, people are permitted to resort for the purpose of drinking intoxicating liquor, or consuming controlled substances or where intoxicating liquor or controlled substances are kept for sale or other disposition in violation of law, and all liquor, controlled substances, and other property used for maintaining that place; and (E) Any vehicle used for the unlawful transportation of intoxicating liquor, controlled substance, drug paraphernalia containing any amount of residue from a controlled substance or non- prescription drugs, or for public or illegal sexual intercourse, or any other illegal purpose. Penalty, see § 91.99 Ord. 2d #25, amended 12/10/2008 § 91.06 PUBLIC NUISANCES AFFECTING PEACE AND SAFETY. The following are declared to be nuisances affecting public peace and safety: (A) All snow and ice not removed from public sidewalks 24 hours after the snow or other precipitation causing the condition has ceased to fall; (B) All trees, hedges, billboards or other obstructions which prevent people from having a clear view of all traffic approaching an intersection; (C) All wires and limbs of trees which are so close to the surface of a sidewalk or street as to constitute a danger to pedestrians or vehicles; (D) All obnoxious noises in violation of Minn. Rules Chapter 7030, as they may be amended from time to time which are hereby incorporated by reference into this code; (E) The discharging of the exhaust or permitting the discharging of the exhaust of any stationary internal combustion engine, motor boat, motor vehicle, motorcycle, all-terrain vehicle, snowmobile or any recreational device except through a muffler or other device that effectively prevents loud or explosive noises there from and complies with all applicable state laws and regulations; (F) The using or operation or permitting the using or operation of any radio receiving set, musical instrument, phonograph, paging system, machine or other device for producing or reproduction of sound 88|Page in a distinctly and loudly audible manner so as to disturb the peace, quiet and comfort of any person nearby. Operation of any device referred to above between the hours of 10:00 p.m. and 7:00 a.m. in a manner so as to be plainly audible at the property line of the structure or building in which it is located, or at a distance of 50 feet if the source is located outside a structure or building shall be prima facie evidence of violation of this section; (G) The participation in a party or gathering of people giving rise to noise which disturbs the peace, quiet or repose of the occupants of adjoining or other property; (H) Obstructions and excavations affecting the ordinary public use of streets, alleys, sidewalks or public grounds except under conditions as are permitted by this code or other applicable law; (I) Radio aerials or television antennae erected or maintained in a dangerous manner; (J) Any use of property abutting on a public street or sidewalk or any use of a public street or sidewalk which causes large crowds of people to gather, obstructing traffic and the free use of the street or sidewalk; (K) All hanging signs, awnings and other similar structures over streets and sidewalks, so situated so as to endanger public safety, or not constructed and maintained as provided by ordinance; (L) The allowing of rain water, ice or snow to fall from any building or structure upon any street or sidewalk or to flow across any sidewalk; (M) Any barbed wire fence less than six feet above the ground and within three feet of a public sidewalk or way; (N) All dangerous, unguarded machinery in any public place, or so situated or operated on private property as to attract the public; (O) Waste water cast upon or permitted to flow upon streets or other public properties; (P) Accumulations in the open of discarded or disused machinery, household appliances, automobile bodies or other material in a manner conducive to the harboring of rats, mice, snakes or vermin, or the rank growth of vegetation among the items so accumulated, or in a manner creating fire, health or safety hazards from accumulation; (Q) Any well, hole or similar excavation which is left uncovered or in another condition as to constitute a hazard to any child or other person coming on the premises where it is located; (R) Obstruction to the free flow of water in a natural waterway or a public street drain, gutter or ditch with trash of other materials; (S) The placing or throwing on any street, sidewalk or other public property of any glass, tacks, nails, bottles or other substance which may injure any person or animal or damage any pneumatic tire when passing over the substance; 89|Page (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; (V) Diseased or dangerous conditions of trees as follows: (1) Any living or standing elm tree or part thereof infected to any degree with the Dutch Elm disease fungus Ceratocystis Ulmi (Buisman) Moreau or which harbors any of the elm bark beetles Scolytus Multistriatus (Eichh.) or Hylungopinus Rufipes (Marsh); (2) Any dead elm tree or part thereof, including branches, stumps, firewood or other elm material from which the bark has not been removed and burned or sprayed with an effective elm bark beetle insecticide; (3) Any living or standing oak tree or part thereof infected to any degree with the Oak Wilt fungus Ceratocystis fagacearum; (4) Any dead or dying tree or part thereof which in the opinion of the designated officer constitutes a hazard, and including but not limited to logs, branches, stumps, roots or oak tree material which has not been stripped of its bark and burned or sprayed with an effective fungicide; (5) Any other shade tree with an epidemic disease; and (6) It is unlawful to transport bark-bearing elm wood in or through the city without securing a permit therefore from the City Administrator. (W) Four or more code violations, fire calls or other nuisance complaints requiring enforcement response within a 30-day period; and (X) To park or store any unlicensed, unregistered or inoperable motor vehicle parts or components thereof, on any property, public or private, unless housed within a lawfully erected building except in a commercial zone where the use is specifically regulated by a conditional use permit. (Y) Use of Undiluted Coal Tar Sealers Prohibited (This prohibition shall not affect the use of asphalt-based sealer products within the City.) (1) No person shall apply any undiluted coal tar-based sealer to any driveway, parking lot, or other surface within the City of Centerville (2) No person shall contract with any commercial sealer product applicator, residential or commercial developer, or any other person for the application of any undiluted coal tar-based sealer to any driveway, parking lot, or other surface within the City. (3) No commercial sealer product applicator, residential or commercial developer, or other similar individual or organization shall direct any employee, independent contractor, volunteer, or other person to apply any undiluted coal tar-based sealer to any driveway, parking lot, or other surface within the City. 90|Page Ord. 2d #34, adopted 04/28/2010, Ord. 2d #57, amended 05/09/2012 Penalty, see § 91.99 § 91.07 ENFORCEMENT. (A) (1) The Enforcement Official shall enforce the provisions relating to nuisances. (2) The enforcement official shall have the authority to inspect private premises and take all reasonable precautions to prevent the commission and maintenance of public nuisances. (3) Except in emergency situations of imminent danger to human life and safety, or when the owner, resident or other person in control of the property has granted permission, or when a violation can be seen without entering the property, the Enforcement Official shall obtain an administrative search warrant to enter private property. (B) The Enforcement Official may commence enforcement action by citation, complaint or civil proceeding. § 91.08 ABATEMENT. (A) Notice to remove. (1) When there exists on private property a condition which is in violation of this chapter, a notice to remove the offensive matter shall be served by the City Council or its agent upon the owner, agent or occupant. (2) The notice may be served personally or may be served by mail. In all cases where the owner is not in the city or cannot be found therein, then notice shall be sent to the last known address. (3) The notice shall describe the matter to be removed and require the removal thereof within 10 days, including Saturdays, Sundays and holidays. (B) Failure to remove. If, at the end of the ten days following service of a notice to remove, the nuisance has not been terminated or abated, the city shall cause removal and disposition. The person in violation 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. 91|Page CITY OF CENTERVILLEREQUEST FOR ACTION Agenda Item # Department: RequestedMeetingDate: August 8, 2023 Planning VII.2 TITLE OF ISSUE: Accessory Structures BACKGROUND AND SUPPLEMENTAL INFORMATION: See attached memo. COST AND SOURCE(S) OF FUNDING: N/A REQUESTED ACTION: No formal action required. Discussion only. For ClerkÓs Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ Vote Record: Aye Nay _____ _____ Other (specif __________ __________ickers ______________________________________________________________ __________ ____________________________________________________________________ _____ _____ _____ _____ Refer to: _________________________________ Tabled Until: ______________________________ Consent Other: ___________________________________ Regular To:Planning&ZoningCommission From:MarkStatz,CityAdministrator Subject:AccessoryStructures Date:August4,2023 HonorableChairKuiper, Currently,thecitycodedoesnotallowthedevelopmentofanaccessorystructureonanylotthatdoes nothaveaprimarystructure(i.e.,homeorbusiness).Thisisaparticularlyimportantdistinctionasit encouragesthedevelopmentofaprimarystructuretodrivetaxbaseandpreventsthingslikepolebarns orotherunsightlybuildingsfrombeingbuiltonemptylotsinresidentialneighborhoods. However,incertaininstances,thiscanbeaburdenforpropertyownersthathavepurchasedan adjacentlottotheirhomestead,bypreventinganyreasonabledevelopmentthatwouldotherwisebe allowedifthelotswerecombined.Itisimportant,however,tohaveextremelyspecificlimitationson anyalloweddevelopmentofavacantlotsowhatisbuiltdoesnotreducethepotentialofaprimary structurebeingbuiltinthefuture. Toaccomplishthis,Iwouldsuggestmodifyingcitycodetoallowtheconstructionofanaccessory structureonavacantlot źŅğƓķƚƓƌǤźŅ: Thevacantlotmustbeadjacenttoaresidential,homesteadedlotwithanexisting primarystructureonitandownedbythesamefamily/person. Only1accessorystructureisallowed,anditcannotexceed200SF. Thesidingoftheaccessorybuildingmustbesimilarinstyleandcolorastheprimary structureontheadjacentlot. Theuseofthisstructurecanonlyberesidentialinnature(i.e.,aplayhouse,shed,etc.) and ĭğƓƓƚƷĬĻǒƭĻķ foranycommercialorindustrialpurposes. Anexistingprimarystructurecannotbedemolishedorremovedtomakewayforthis accessorystructure ΛķƚǞĻƓĻĻķğƷźƒĻƌźƒźƷŷĻƩĻͪ{ƚƒĻƷŷźƓŭƌźƉĻğƓğĭĭĻƭƭƚƩǤƭƷƩǒĭƷǒƩĻ ĭğƓƓƚƷĬĻĬǒźƌƷźŅğƦƩźƒğƩǤƭƷƩǒĭƷǒƩĻǞğƭźƓĻǣźƭƷĻƓĭĻƚƓƷŷźƭƌƚƷǞźƷŷźƓƷŷĻƦğƭƷЎƚƩЊЉ ǤĻğƩƭΜͪͪŷźƭĭğƓƦƩĻǝĻƓƷķĻƒƚƌźƭŷźƓŭğƌğƉĻŅƩƚƓƷŷƚƒĻŅƚƩğĬƚğƷŷƚǒƭĻͲŅƚƩĻǣğƒƦƌĻ͵ Intheeventofasaleofthevacantlottoapropertythatisnotadjacent,theaccessory structuremustberemovedordemolishedunlessanewprimarystructureisbuiltwithin1 yearonthevacantlot. Respectfully, Mark Statz, City Administrator/Engineer 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, July 10, 2023, at 6:30 p.m. I. CALL TO ORDER The meeting was called to order at 6:30p.m. Not Approved 1. Roll Call Present: Chair Les Kuiper Vice-Chair Commissioner Jon Krueger Commissioner Darrell (DJ) Olson, Jr. Commissioner Richard Nelson Commissioner Bruce Thompson Commissioner Linda Broussard-Vickers Absent: None Vacancy: One Staff: Administrator Mark Statz, Assistant City Administrator, Athanasia Lewis II. PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA Administrator Statz made one revision to the agenda, which is adding New Business item 3, a concept plan from Kennedy Property Development for Block 7. Motion by Commissioner Thompson, seconded by Commissioner Broussard-Vickers to Approve the Revised Agenda. All in favor. Motion carried. IV. PUBLIC HEARING (6:30 PM or shortly thereafter) 1. None V. AWARDS, PRESENTATIONS, APPEARANES 1. None VI. OLD BUSINESS 1. No Parking Areas Administrator Statz introduced this item, noting that downtown parking restrictions were revisited after the completion of a downtown reconstruction project and there were not many changes in downtown. There have been a few changes in other parts of the city. In the industrial district, Fairview Road st has been punched through and now connects to 21 Avenue. In the commercial district, Michaud Page 1 of 3 City of Centerville Planning and Zoning Commission July 10, 2023 Way has been constructed and there are a few new developments along Fairview Avenue and Commerce Drive. Around the same time that the Planning and Zoning Commission was reviewing parking restrictions in the industrial district, an issue with trucks queuing on street at 2050/2070 Main Street, waiting to enter the site to load and unload, emerged. Administrator Statz met with the landowner and property managers of American Roofing Supply to discuss options to remedy the situation. This property owner obtained several letters of support from surrounding businesses to allow on street parking in industrial areas, and the city council discussed this item, remanding it back to the Planning and Zoning Commission for further review. Discussion ensued about two-hour on street parking, striping, and signage on Commerce Drive. Administrator Statz noted that staffÓs recommendation is to allow two-hour on street parking on the south side of Commerce Drive. Motion by Commissioner Thompson, seconded by Commissioner Krueger to allow two-hour on street parking along the south side of Commerce Drive. All in favor. Motion carried. VII. NEW BUSINESS 1. Schedule a Work Session for Candidate Interviews Administrator Statz introduced this item, noting that the Planning and Zoning Commission has received an application to fill a board vacancy. Discussion ensued about interviewing candidate(s) at 6:00p.m. at the next Commission meeting. Motion by Commissioner Broussard-Vickers, seconded by Commissioner Thompson to th schedule a 6pm work session on August 8 to interview candidate(s) to fill a board vacancy. All in favor. Motion carried. 2. Concept Plan Î Block 7 Î Lennar Administrator Statz introduced this item, noting that Lennar is presenting three concept plans: A, B, C. The plans show between 21-25 townhomes, depending on the plan. The plans are similar to what Centra Homes presented. Concept A has 23 townhomes facing all three streets: Centerville Road, Sorrel Street, and Heritage Street and four of the homes are in the middle. Concept B is more dense with 25 townhomes, and 6 in the middle; these homes face all three streets as well. Concept C has 21 units with no homes in the middle. Concept C is most like the proposal from Centra Homes. Administrator Statz noted that the design guidelines in the Downtown Masterplan call for brick, glass, and masonry in the design. The concept plans that Lennar is proposing do not meet these guidelines. Josh with Lennar showed the Commission a townhome development in Anoka that is made of brick, but otherwise similar to the concepts being proposed here. Discussion ensued about the concept plans, architecture, maintenance, HOA agreements, downtown masterplan guidelines, etc. The Planning Commission Prefers Concept C to Concepts A and B. The Commission requested that the Lennar incorporate more French architecture and bring plans back for further review. 3. Concept Plan Î Block 7 Î Kennedy Property Development Administrator Statz introduced this item, noting that Kennedy Property DevelopmentÓs project is for a 37-unit market rate apartment building. Rashad with Kennedy Property Development showed the Commission a couple of projects they recently completed: a condemned building in St. Paul that they turned into apartments with retail spaces as well as Kennedy Square Townhomes. Rashad Page 2 of 3 City of Centerville Planning and Zoning Commission July 10, 2023 reviewed his vision for Block 7, noting the apartment building with 37 apartments, a coffee shop or gym on the first floor, underground parking, above ground parking, a public trail, and French architecture incorporated in the design. Rashad also spoke about how community benefits, value- added, and how their concept plan meets the intent of the cityÓs Downtown Redevelopment Master Plan and Guidelines. Discussion ensued about the concept plan and French architecture. Commissioner Broussard-Vickers asked if ownership is retained by the developer and Rashad confirmed that it is. Commissioner Thompson expressed his appreciation for the inclusion of key features outlined in the cityÓs Downtown Redevelopment Master Plan and Guidelines. Administrator Statz provided feedback on the number of units in the building and the combination of one-, two-, and three-bedroom units, noting that the city is looking for density. He noted that additional conversations will occur. Administrator Statz reviewed next steps with the Commission, noting that plans from both developers will be presented to the city council for further discussion to see if the council would like to move forward with townhomes or apartments. VIII. APPROVAL OF MIN UTES 1. June 6, 2023, Planning & Zoning Commission Meeting Minutes There was one revision to the minutes, which is that Commissioner Broussard-Vickers abstained on the variance request for a shed at 1746 Dupre Road. Motion by Commissioner Olson, seconded by Commissioner Nelson to approve the June 6, 2023, Planning and Zoning Commission minutes. All in favor. Motion carried. IX. Announcements and Updates 1. Council Member Liaison No report provided. 2. AdministratorÓs Report Administrator Statz reviewed the report as presented in the packet. X. ADJOURNMENT Motion by Commissioner Broussard-Vickers seconded by Commissioner Thompson to adjourn the meeting at 7:48 p.m. All in favor. Motion carried. Page 3 of 3