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HomeMy WebLinkAbout2000-05-10 CC CITY COUNCIL MEETING AGENDA WEDNESDAY, MAY 10, 2000 6:00 p.m. I. CALL TO ORDER 1. Roll Call II. PUBLIC HEARING (S) 1. Ordinance 4 2. Hunters Crossing - Special Assessments III. APPEARANCES/ AWARDS IV. CONSIDERATION OF MINUTES 1. April 26, 2000 Meeting Minutes V. PAYMENT OF CLAIMS 1. The City of Centerville April 27, 2000 through May 10,2000 2. Centennial Fire District Expenses VI. SET AGENDA VII. PETITIONS AND COMPLAINTS 1. Stop Sign Request - 73n1 Street 2. Borowicz Request for Approval of Satellite Enclosure at Acorn Creek Park VIII. UNFINISHED BUSINESS IX. NEW BUSINESS 1. Overweight Permit - Municipal Builders, Inc. X. CONSENT AGENDA 1. Successful Completion of Training Period for Public Works Employee - Tedd Peterson. XI. COMMITTEE REPORTS XII. ADMINISTRA TORS REPORT XIII. ADJOURNMENT STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE TABLE OF CONTENTS ORDINANCE #4 PAGE NUMBER DIVISION 10: General Provisions Section 010-010: Title... ...... .............. ...... ...... .... ........................................ 1 Section 010-020: Purpose ........................................................................1 Section 010-030: Jurisdiction..... ................ ............. .................................. 1 Section 010-040: Application.................................................................... 1 Section 010-050: Severability................................................................... 2 Section 010-060: Repeal...................................................... .................... 2 DIVISION 15: Definitions Section 010-010: Specific Purpose........................................................... 2 Section 010-020: Definitions .............................................................2 -14 Abandonment 2 Abutti ng ... . .. . . . .. ... . . .. . . . . . .... . . .. ... . . . . .. . . . .. . . . . . . . ... . . . . ..... .. ... ........ ... ..... . . .... 2 Accessory Structure........................................................................ 2 Accessory Use................................................................................ 2 Agriculture....................................................................................... 2 Alley.... . ...... . . . . '" . . .. .. . ....... . ..... . . . . .... . .. . . . . . ...... . . . . . . . . . . . .... ....... ..... . ...... .. 2 Alteration......................................................................................... 2 Alteration, Structural.................................................................. 2 - 3 Antenna........................................................................................... 3 Apartment............... .......................................................... .............. 3 Apartment, Accessory ..................................................................... 3 Area Identification Sign................................................................... 3 Basement........................................................................................ 3 Block............................................................................................... 3 Board .............................................................................................. 3 Boathouse....................................................................................... 3 Building ............ ............ ........................ ................. ..:...... ................. 3 Buildable Area................................................................................. 3 Building Coverage................................................ .See Lot Coverage Building Height................................................................. See Height Building Line .......... ............. ............ ................... .................... ......... 3 Building, Principal......... ........... ........................... ...... ...................... 3 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE TABLE OF CONTENTS ORDINANCE #4 PAGE NUMBER Business Area................................................................................. 3 City Councilor Council.................................................................... 4 C I i nic ............................................................................................... 4 Club.................................................................................................4 Cluster Housing.............................................................................. 4 Commercial Use............................................................................. 4 Commission......... ................................ .......... ................ ......... ........ 4 Commissioner................................................................................. 4 Comprehensive Plan ........ ....... .............. .......................................... 4 Conditional Use............................................................................... 4 Conditional Use Permit................................................................... 4 Contractor's Yard. ................. ............. .................................... ......... 4 Coverage........................................................................................ 4 Cul-de-sac.... .................. ..... ............. ......................................... 4 - 5 Day Care Facilities.. ..... .... ....... .... ............ ...... ............................... ... 5 Deck................................................................................................ 5 Density............................................................................................ 5 Development ............... ..... ...................... ................. ............. ........... 5 District................................................................................ See Zone District Zoning................................................................................. 5 Drive-In Establishment...... .................. .................... ........................ 5 Dwelling ... ...... ..................................... ... ......................................... 5 Dwelling , Single-Family, Attached................................................... 5 Dwelling, Single-Family, Detached ................................................. 5 Dwelling, Two-Family....... .... ..... ...... ................................................ 5 Dwelling, Multiple........................... ........ ................ ................... ...... 5 Dwelling, Seasonal.......................... ......................................... ...... 5 Dwelling Unit................................................................................... 5 Easement........................................................................................ 5 Essential Services...................................................:....................... 6 F am i Iy ............................................................................................. 6 Facade...................... ............... ...... ..................... ............................ 6 Fen ce ......... . . .. .. . .. . . .. . .. .. . .. . .. .. .. . .. .. .. .. . .. .. . .. . .. .. . .. . . . .. . .. . .. . .. .. . . . .. .. .. .. .. ." 6 Flood Plain......... .............................. ................ ............................... 6 11 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE TABLE OF CONTENTS ORDINANCE #4 PAGE NUMBER Floodway......................................................................................... 6 Floodway Fringe............................................................................. 6 Floor Area....................................................................................... 6 Floor Area Ratio.............................................................................. 6 Freestanding Sign.. ...... ....................... ................ ................... ......... 6 Frontage........................... ........... ...... .............................................. 6 Garage, Private............................................................................... 6 G I a re ............................................................................................... 6 Grade....... ...... . . ...... . . .... ... . ..... ..... ..... ............... .. ... . .. .. . . . . . .. ........ ........ 7 Height of Building ............................................................................7 Home Occupation........................................................................... 7 Hotel................................................................................................ 7 Impervious Surface......................................................................... 7 Industrial Park................................... .............................................. 7 I ntensive Vegetation Clearing......................................................... 7 J u n k yard........................................................................................ 7 Light Manufacturing ........ ........... .... ..... ............... .......................... ... 7 Lot...................................................................................................7 Lot Area .......................................................................................... 7 Lot, Corner...................................................................................... 7 Lot Coverage .................................................................................. 8 Lot Depth ........................................................................................ 8 Lot, Interior...................................................................................... 8 Lot Line, Front................................................................................. 8 Lot Line, Rear................................................................................. 8 Lot Line, Side.................................................................................. 8 Lot, Minimum Area of ...................................................................... 8 Lot of Record ............................................................................ 8 - 9 Lot, Substandard.. ......... .............. .................... ................... ..... ........ 9 Lot, Through............................................................:....................... 9 Lot, Width........................................................................................ 9 Manufactured Housing... ..... ............................................. ...... ......... 9 Mineral Extraction........................................................................... 9 Motor Vehicle.................................................................................. 9 Motor Fuel Station........................................................................... 9 III STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE TABLE OF CONTENTS ORDINANCE #4 PAGE NUMBER Non-Conforming Structure or Use...... ................... .............. .... ........ 9 Nursing Home or Rest Home ..........................................................9 Open Space......... ...... ...... .... .... ............ '" ...................... .................. 9 Ordinary High Water Line (OHWL) .................................................9 Performance Standard ................... ...................... ........... ................ 9 Planned Unit Development (PUD) ................................................ 10 Plat..................................................... ........................................... 10 Portable Sign.... ......................... ........ .......... ................................. 10 Principal Use or Principal Structure.............................................. 10 Private Property............................................................................ 10 Public Hearing .......... ...................... ........ ............... ....... ................. 10 Public Property.............................................................................. 10 Recreational Vehicles........................................................... ........ 10 Residential Facility........ ...... .......................................................... 10 Right-of-Way......................................................................... 10- 11 Semipublic Use .............................................................................11 Setback............................................. .................. .......................... 11 Sewage Treatment System........................................................... 11 Sewer System............................................................................... 11 Shore Impact Zone ....................................................................... 11 Shoreland...................................................................................... 11 Sign.................................................................... ........................... 11 Significant Historic Site ................................................................. 11 Story.............................................................................................. 11 Story-Half...................................................................................... 11 Steep Slope .................................................................................. 12 Street Access................................................................................ 12 Street Line..................................................................................... 12 Structure....................................................................................... 12 Structural Alteration. ... ...... .... ....... ..... ......... .............. :.. ....... ...... ...... 12 Subdivision.................................................................................... 12 Supply yard........ ................................................... ............. .......... 12 Townhouse........................................................................... 12 - 13 Travel Trailers............................................................................... 13 Use, Permitted.............................................................................. 13 IV STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE TABLE OF CONTENTS ORDINANCE #4 PAGE NUMBER Usable Open Space ...................................................................... 13 Variance. . .. . . . . . . ....... . .... ... . . . ... .. .... ....... .... . . ... . .. . ... . . .. . . . . . . .... . .. . . . . . '" . .. 13 Vehicle.. ......................... ..................... .......................................... 13 Vehicle Abandoned.............................................................. ......... 13 Water-Oriented Accessory Structure of Facilty ................. ............ 13 Wetland......................................................................................... 13 yard................. ................................. .................................... 13 - 14 Yard, Front .................... ................................................................ 14 Yard, Rea r. . . . . . . ....... . . ... . .. . . . . .. ........ . .. . ... . ... ... ..... . . . .. . . . .. . . . . . . . . . . . . . . . .. ... 14 Yard, Side .... ................................................................................. 14 Zoning District ....... ..... ..... ................ .... ................ ............. ............. 14 Section 015-030: General Regulations................................................... 14 DIVISION 20: Scope and Interpretation A. Scope........................................................................ .................... 14 B. Relationship to Comprehensive Plan ............................................ 15 C. Minimum Requirements ................................................................ 15 D. Use Not Identified ......................................................................... 15 E Deadline for Actions...................................................................... 15 F Other Ordinances...................................................... .................... 15 DIVISION 25: Lot Provisions Lots of Record ......................................................................................... 16 DIVISION 30: Non-Conforming Uses and Structures ................................... 16 DIVISION 35: Home Occupations .............................................:.....................17 DIVISION 40: Single-Family Dwelling Requirements.................................... 18 DIVISION 45: Temporary Dwellings and Structures ..................................... 18 v STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE TABLE OF CONTENTS ORDINANCE #4 PAGE NUMBER DIVISION 50: Driveway and Parking Lot Improvements .............................. 18 DIVISION 55: Public Utilities Required .......................................................... 18 DIVISION 60: Relocated Buildings or Structures .......................................... 19 DIVISION 65: Accessory Structures and Uses.............................................. 19 DIVISION 70: Site Plan Review Required............................................... 19 - 21 Section 070-010: Submittal Requirements ............................................. 20 Section 070-020: Review Requirements.......................................... 20 - 21 Section 070-030: Exceptions..... ... .... ...... ................. .......... ....... ... ...... ..... 21 DIVISION 75: Final Grading and Landscaping ..............................................21 DIVISION 80: Zoning Districts/Use Regulations Section 080-010: Zoning Map................................................................. 21 Section 080-020: Interpretation of the Zoning Map................................. 21 Section 080-030: Establishment of Districts............................................ 22 Section 080-040: Rural Residential (R-1) ............................................... 22 Section 080-050: High Density, Single-Family, Residential (R-2A)......... 23 Section 080-060: Single-Family, Residential (R-2) .................................24 Section 080-070: Single-Family, Manufactured Housing (R-4)........ 24 - 25 Section 080-080: Single-Family, Residential - Estate (R-5) ................... 25 Section 080-090: Commercial District (B-1)............................................ 26 Section 080-100: Industrial District (1-1).................................................. 27 Section 080-110: Public/Institutional District (P-1).................................. 27 Section 080-120: Mixed Used District (M-1) .....................:..................... 28 DIVISION 85: Zero Lot Lines........................................................................... 29 DIVISION 90: Parking Requirements...... ..... ................................................... 29 vi STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE TABLE OF CONTENTS ORDINANCE #4 PAGE NUMBER DIVISION 95: Commercial Exterior Building Materials................................. 30 DIVISION 100: Industrial Exterior Building Materials ................................... 30 DIVISION 105: Fences(-.. .................... ......................... .......................................) Section 105-010: Snow-Stop Fencing .................................................... 31 Section 105-020: Electric and Barbed Wire Fencing .............................. 31 Section 105-030: Visual Obstructions..................................................... 31 Section 105-040: Swimming Pool Fencing ............................................. 31 DIVISION 110: Sign Regulations Section 110-010: General Provisions............................................. 31 - 35 Section 110-020: Permitted Signs.......................................................... 33 Section 110-030: Portable Signs .................................................... 33 - 34 Section 110-040: Comprehensive Sign Plan Required ................... 34 - 35 DIVISION 115: Height Section 110-010: Dwellings .................................................................... 35 Section 110-020: Excess Height on a Permit.......................................... 35 DIVISION 120: Yards Section 120-020: Computing Front yards....................................... 36 - 37 Section 120-030: Average Setback........................................................ 37 Section 130-040: Erection of More than One Principal Structure On Lot ... ...... ...................... ................. ............ ........ .... 37 DIVISION 125: Parking and Storage of Certain Vehicles.............................. 38 DIVISION 130: Performance Standards ......................................................... 38 VI! STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE TABLE OF CONTENTS ORDINANCE #4 PAGE NUMBER DIVISION 135: On-Site Sewage Treatment Standards Section 135-010: Required Conditions ...........................................38 - 39 DIVISION 140: Nuisance Standards Section 140-010: Odors and Emissions.................................................. 39 Section 140-020: Dust and Particulate................................................... 39 Section 140-030: Noise and Vibrations................................................... 39 Section 140-040: Glare.... .............. .................................................... ..... 39 Section 140-050: Waste ...... ..... ........ ...... ...... .... .... ... ... ...... ............ .......... 39 Section 140-060: Smoke......................................................... ............... 39 Section 140-070: Fumes or Gases .................................................39 - 40 Section 140-080: Fire Hazards ............................................................... 40 Section 140-090: Air Pollution................................................................. 40 Section 140-100: Radioactivity or Electrical Disturbance....................... 40 Section 140-110: Explosives....... ............ ..... ........ ................................... 40 Section 140-120: Burning ......... ...... ................. ....................................... 40 Section 140-130: Bulk Storage............................................................... 40 Section 140-140: Outside Storage.................................................. 40 - 41 DIVISION 145: Surface Water Management................................................... 41 DIVISION 150: Wetland Protection and Management........................... 42 - 43 DIVISION 155: Woodland Preservation.......................................................... 43 DIVISION 160: Erosion and Sedimentation Contro!...................................... 43 DIVISION 165: Landscaping Section 165-010: Minimum Quantities ............................................43 - 44 Section 165-020: Minimum Standards............................................ 44 - 45 viii .~ STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE TABLE OF CONTENTS ORDINANCE #4 PAGE NUMBER DIVISION 170: Off-Street Parking ...................................................................45 Section 170-010: Change in Facilities .................................................... 45 Section 170-020: Off-Street Parking and Loading Zones....................... 45 Section 170-030: Off-Street Loading .............................................. 45 - 46 Section 170-040: Fractional Space .............. ............ ...... ......................... 46 Section 170-050: Uses Not Mentioned ...................................................46 Section 170-060: Spaces tor Five or More Automobiles .........................46 Section 170-070: Improvement and Maintenance .................................. 46 Section 170-080: Access ............ ..... ... ...... ....... ........ ................... ... .... ..... 46 DIVISION 175: Building Numbers Section 175-010: Numbers Required...................................................... 46 Section 175-020: Alternative Display...................................................... 47 DIVISION 180: Sporting, Athletic, and Music Events.................................... 47 DIVISION 185: Planned Unit Developments (PUDs) Section 185-010: Objectives........................................................... 47 - 48 Section 185-020: General Requirements........................................ 48 - 49 Section 185-030: Uses Permitted ........................................................... 49 Section 185-040: Relationship ot PUD Site to Adjacent Areas ............... 49 Section 185-050: Minimum Size ............................................................. 49 Section 185-060: Minimum Lot Size ....................................................... 49 Section 185-070: Setback and Side Yard Requirements................ 49 - 50 Section 185-080: Access to Public Right-ot-Way.................................... 50 Section 185-090: Utility Requirements.................................................... 50 Section 185-100: Open Space................................................................ 50 Section 185-110: Parking .................................................:.....................50 Section 185-120: Arrangement ot Commercial Uses.............................. 50 Section 185-130: Arrangement ot Industrial Uses .................................. 50 Section 185-140: Pre-Application Meeting.............................................. 51 Section 185-150: Application.......................................................... 51 - 52 Section 185-160: Actions................................................................ 52 - 53 IX " STATE OF MINNESOTA COUNTY OF ANOKA ~ CITY OF CENTERVILLE TABLE OF CONTENTS ORDINANCE #4 PAGE NUMBER Section 185-170: PUD Agreement................................ .............. .... ........ 53 Section 185-180: Final Review and Approval......................................... 53 Section 185-190: Documentation Required.................................... 53 - 55 Section 185-200: Action on Final Application ................................. 55 - 56 Section 185-210: Time Limit ..... ........ ................................. ..................... 56 Section 185-220: Annual Review............................................................ 56 Section 185-230: Amendments.......... ........................... .......................... 56 Section 185-240: Completion.......................... ............................... ......... 57 Section 185-250: Site Improvements...................................................... 57 Section 185-260: Construction................................................................ 57 Section 185-270: Maintenance of Common Open Space .......................57 Section 185-280: Homeowners Association ................................... 57 - 58 DIVISION 190: Variances Section 190-010: Board of Appeals and Adjustments............................. 59 Section 190-020: Variance Procedures.......................................... 59 - 60 Section 190-030: Variance Appeal Procedures.. ............ .... .................... 61 DIVISION 195: Interim Use Section 195-010: Purpose ...................................................................... 61 Section 195-020: Application, Public Hearing, and Procedure ............... 61 Section 195-030: Termination. ..... .......... ............... .......................... ........ 61 Section 195-040: Standards................................................................... 61 Section 195-050: Conditions.. .... ................. ..... ...... .... ............. ...... .......... 61 DIVISION 200: Amendments ....................................................................62 - 63 DIVISION 205: Special Use Permits Section 205-010: Procedure................................................................... 63 Section 205-020: Standards....... ........ .............................................. ...... 63 Section 205-030: Denial for Non-Compliance......................................... 63 Section 205-040: Conditions........................................................... 63 - 64 x " STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE TABLE OF CONTENTS ORDINANCE #4 PAGE NUMBER Section 205-050: Expiration .......... .... ........... ..... ...................................... 64 Section 205-060: Fees.................. .... ...... ..... .............. ....... ............ ... ....... 64 DIVISION 210: Enforcement and Violations Section 210-010: Responsibility of City Clerk......................................... 64 Section 210-020: Responsibility of Building Inspector/Official........ 64 - 65 DIVISION 215: Fees and Licensing ................................................................ 65 DIVISION 220: Effective Date.......................................................................... 65 xi ORDINANCE #4 An Ordinance regulating the use of land, location, bulk, height, ,and use of structures and the arrangement of the structures, on lots, and the density or population in the City of Centerville, Minnesota and providing for the administration and enforcement of such regulations. The City Council of the City of Centerville ordains as follows: DIVISION 10: General Provisions Section 010-010: Title. This ordinance shall be known as Ordinance #4, City of Centerville Zoning Ordinance except as herein referred to as "this Ordinance". Section 010-020: Purpose. It is the purpose of this Ordinance to: . Protect and promote public health, safety and general welfare. . Protect the natural resources in the City. . Establish land use patterns and development regulations consistent with the City of Centerville Comprehensive Plan. . Prevent overcrowding of land. . Limit congestion and promote safety in the public rights-of-way. . Prevent the premature demand of public services. . Stage development consistent with the efficient provision of public utilities and public services. . Maintain the small town character and quality of living in the community. . Establish compatibility of land uses in the City to protect existing investments and property values. . Promote opportunities for cohesive and compatible business development. . Establish guidelines and regulations to promote housing variety and quality living environments. Section 010-030: Jurisdiction. The geographic jurisdiction of this Ordinance includes the entire area within the corporate limits of Centerville, Minnesota. Land areas which may be added to the City by annexation, merger or other means shall be, classified R-1 Rural Residential until such time that the City Council may rezone the added territory to more appropriate classification, Section 010-040: Application. Where the conditions imposed by any provisions of this Ordinance are either more or less restrictive than comparable conditions imposed by any other regulation, the regulations which impose the higher standard or requirements shall prevail. Page 1 of 65 Section 010-050: Severability. If any provision ofthis Ordinance orthe application of any provision to particular circumstances is held invalid, the remainder of the Ordinance or the application of such provision to other circumstances shall not be affected. Section 010-060: Repeal. Ordinances, including all prior Zoning Ordin~nces and Amendments or parts thereof in force at the time this Ordinance shall take effect and Ordinances inconsistent herewith are hereby repealed, including Centerville Ordinance #10. Nothing contained in this Ordinance repeals or amends any Ordinance requiring a permit or license to engage in any business or occupation. Division 15: Definitions Section 015-010 Specific purposes. For the purposes of this Ordinance, certain words contained herein have the following meaning. Other words not included in this Section shall have the meaning defined in Minnesota State Statutes. Other words not so defined shall have the meaning customarily associated with them. Section 015-020: Definitions. Abandonment - To cease or discontinue a use or activity without intent to resume, but excluding temporary or short term interruptions to a use or activity during periods of remodeling, maintaining, or otherwise improving or rearranging a facility, or during normal periods of vacation or seasonal closure. Abutting - Having a common border with, or being separated from such a common border by a right-of-way, alley or easement. Accessory Structure - A subordinate structure detached from but located on the same lot as the principal structure, the use of which is incidental and accessory to that of the principal structure. Accessory Use - A use incidental to, and on the same lot as, a principal use. Agriculture - The use of land for agriculture purposes, including farming, dairying, pasturage, agricultural, horticulture, floriculture, viticulture, and animal poultry husbandry and the necessary accessory uses for packing, treating, or storing the produce; provided, however, the operation of any such accessory uses shall be secondary to that of normal agricultural activities. Alley - A public or private way permanently reserved as a secondary means of access to abutting property. Alteration - Any change, addition, or modification, in construction or occupancy of an existing structure. Alteration, Structural - Any change in the supporting members of a building or structure, Page 2 of 65 such as bearing walls, columns, beams, or girders; provided, however, the application of any exterior siding to an existing building for the purpose of beautifying and modernizing shall not be considered a structural alteration. Antenna - Any system of wires, poles, rods, reflecting discs, satellite dishes or similar devices used for the transmission or reception of electromagnetic waves ext~rnal to or attached to the exterior of any building. Apartment - A room or suite of rooms, including bath and kitchen facilities, in a multiple- family building designed for occupancy by a single family. Apartment, Accessory - An apartment that is secondary and incidental to a principal use or building. Area Identification Sign - A freestanding sign which identifies the name of a residential subdivision, commercial or industrial development. Basement - A portion of a building located partly underground, having more then 50% of its floor-to-ceiling height below the average grade of the adjoining ground. Split level, split entry and earth sheltered homes shall be construed to satisfy basement requirements. Block - A tract of land bounded by streets, or a combination of streets, parks, cemeteries, railroad rights-of-way, shore lines, waterways or corporate boundary lines of the City. Board - The Board of Appeals and Adjustments of the City of Centerville. Boathouse - A structure designed and used solely for the storage of boats or boating equipment. Building - Any structure having a roof which may provide shelter or enclosure of persons, animal or chattel, and when said structure is divided by party walls without openings, each portion of such building so separated shall be deemed a separate building. Buildable Area - The space remaining on a zoning lot after minimum yard and open space requirements have been met. Building Coverage - See Lot Coverage. Building Height - See Height. Building Line - The line, parallel to the street line, that passes through the point of the principal building nearest the front lot line. Building, Principal - See Principal Building. Business Area - Any business activity which renders service to other commercial or industrial enterprises. Page 3 of 65 City Council or Council - The City Council of the City of Centerville. Clear Cutting - The indiscriminate removal of trees, shrubs, or undergrowth with the intention of preparing real property for non-agricultural development purposes. This definition shall not include the selective removal of non-native tree and shrub sp~cies when the soil is left relatively undisturbed, removal of dead trees or normal mowing operations. Clinic - Any establishment where human patients are examined and treated by doctors or dentists but not hospitalized overnight. Club - Any establishment operated for social, recreational, or educational purposes but open only to members and not the general public. Cluster Housing - The grouping of single-family dwellings within specified areas while maintaining the same overall allowable density in that same area. Commercial Use - An occupation, employment, or enterprise that is carried on for profit by the owner, lessee, or licensee. Commission - The Planning and Zoning Commission of the City of Centerville. Commissioner - A member of the Planning and Zoning Commission. Comprehensive Plan - A compilation of policy statements, goals, standards and maps for guiding the physical, social and economic development of the City and including a land use plan, a community facilities plan and a transportation plan which has been prepared and adopted by the City of Centerville. Conditional Use - A use, which because of special problems of control requires reasonable limitations peculiar to the use for the protection of the public welfare and the integrity of the Comprehensive Plan. Conditional Use Permit - A permit, issued by the Council, in accordance with procedures specified in this Ordinance as a flexibility device to enable the council to assign dimensions to a proposed use or conditions surrounding it after consideration of adjacent uses and their functions and the special problems which the proposed use permits. Contractor's Yard - An area where vehicles, equipment and/or construction materials and supplies commonly used by building, excavation, roadway cons~ruction and similar contractors are stored or serviced. The contractor's yard includes both areas of outdoor storage and areas confined within a completely enclosed building used in conjunction with a contractor's business. Coverage - That portion of a lot covered by principal and accessory use structures. Cul-de-sac - A local street, one end of which is closed and consists of a circular turn Page 4 of 65 around. Day Care Facilities - A state licensed day care facility, as defined in Minnesota Statutes, Chapter 462. Deck - A horizontal, unenclosed platform with or without attached railings, seat~, trellises, or other features, attached or functionally related to a principal use or site. Density - The number of dwelling units permitted per net acre of land. Development - All structures and other modifications of the natural landscape above and below ground or water, on a particular site. District - See Zone. District Zoning - An area of land for which there are uniform regulations governing the use of buildings and premises. Drive-In Establishment - An establishment which accommodates the patron's automobile from which the occupants may receive a service or in which products purchased from the establishment may be consumed or business conducted in the automobile. Dwelling - A building or portion thereof that provides living facilities for one or more families. Dwelling, Single-Family, Attached (group, row, and townhouses) - One (1) of two (2) or more residential buildings having a common or a party wall separating dwelling units. Dwelling, Single-Family, Detached - A residential building containing not more than one (1) dwelling unit entirely surrounded by open space on the same lot. Dwelling, Two-Family - A building used exclusively for occupancy by two (2) families living independently of each other. Dwelling, Multiple - A detached, residential building containing three (3) or more dwelling units, including what is commonly known as an apartment building, but not including group, row or townhouses. Dwelling, Seasonal - A dwelling not used for permanent residence and not occupied for more then six months in each year. Dwelling Unit - One (1) or more rooms physically arranged so as to create an independent housekeeping establishment for occupancy by one (1) family with separate toilets and facilities for cooking and sleeping. Easement - The right of a person, government agency, or public utility company to use public or private land owned by another for a specific purpose. Page 5 of 65 Essential Services - Public and private utilities required by the resident and working population. Family - An individual, or two (2) or more persons related by blood, marriage or adoption, or a group of not more than five (5) persons not so related, living together a.s a single housekeeping unit using common cooking and kitchen facilities. Facade - The exterior wall of a building exposed to a public view or that wall viewed by persons not within the building. Fence - Any artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land. Flood Plain - Flood plain or flood-prone area means any land area susceptible to being inundated by water from any source. Floodway - The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the 1 DO-year flood without cumulatively increasing the water surface elevation more than one foot at any point. Floodway Fringe - All that land in a flood plain not lying within a delineated floodway. Land within a floodway fringe is subject to inundation by relatively low velocity flows and shallow water depths. Floor Area - The sum of the gross horizontal areas of the several floors of a building or dwelling unit, measured from the exterior walls or from the centerline of party walls separating buildings, excluding basements. Floor Area Ratio - The total floor area on a zoning lot divided by the total site area of the lot or parcel being developed. Freestanding Sign - Any sign supported by structures or supports that are permanently anchored in the ground and that are independent from any building or structure. Frontage - The front or frontage is that side of a lot abutting on a street or way and ordinarily regarded as the front of the lot, but it shall not be considered as the ordinary sideline of a corner lot. Garage, Private - Any accessory building or an accessory portion qf a principal building designed or used solely for the storage of motor vehicles, boats and other personal belongings which are owned or used by the occupants of the building to which it is accessory . Glare - A sensation of brightness within the visual field that causes annoyance, discomfort, or loss in visual performance and visibility. Page 6 of 65 Grade - The lowest point of elevation of the finished surface of the ground, paving, or sidewalk within the area between the building and the property line, or when the property line is more than five feet from the building, between the building and a line five feet from the building. Height of Building - The vertical distance from the average elevation of the fini~hed grade at the front of the building to the highest point of the roof for flat roofs; to the deck line of mansard roofs; and to the mean height between eaves and ridge for gable, hip and gambrel roofs. Home Occupation - An occupation, profession, activity, or use that is clearly a customary, incidental, and secondary use of a residential dwelling unit and which does not alter the exterior of the property or affect the residential character of the neighborhood. Hotel - A building occupied as more or less temporary abiding place of individuals who are lodged with or without meals for compensation and in which there are more than ten (10) sleeping rooms usually occupied singly, and in which no provision is made for cooking in any individual apartment. Impervious Surface - Any material that substantially reduces or prevents the infiltration of storm water into previously undeveloped land. Impervious surface shall include graveled driveways and parking areas. Industrial Park - A planned, coordinated development of a tract of land with two or more separate industrial buildings. Such development is planned, designed, constructed, and managed on an integrated and coordinated basis with special attention given to on-site vehicular circulation, parking, utility needs, building design and orientation, and open space. Intensive Vegetation Clearing - The complete removal of trees or shrubs in a contiguous patch, strip, row, or block. Junk Yard - Land or structures used for the storage or keeping of junk, including scrap metals, or for the dismantling or "wrecking" of automobiles or other vehicles or machinery, other than the storage of materials which is incidental or accessory to any business or industrial use on the same lot. Light Manufacturing - The processing and fabrication of certain materials and products where no process involved will produce noise, vibrations, air pollution, fire hazard or noxious emissions which will disturb or endanger neighboring properties. Lot - A platted parcel of land intended to be separately owned, developed, and otherwise used as a unit. Lot Area - The area of horizontal plane bounded by the vertical planes through front, side, and rear lot lines. Lot, Corner - A lot abutting on and at the intersection of two or more streets. Page 7 of 65 Lot Coverage - Determined by dividing that area of a lot which is occupied or covered by the total horizontal projected surface of all buildings, including covered porches and accessory buildings, by the gross area of that lot. Lot Depth - The average horizontal distance between the front and rear lot lines. Lot, Interior - An interior lot is a lot other than a corner lot. Lot Line - A line dividing one lot from another lot or from a street or alley. Lot Line, Front - On an interior lot, the lot line abutting a street; or, on a corner lot, the shorter lot line abutting a street; or, on a through lot, the lot line abutting the street providing the primary access to the lot; or, on a flag lot, the interior lot line most parallel to and nearest the street from which access is obtained. Lot Line, Rear - The lot line not intersecting a front lot line that is most distant from and most closely parallel to the front lot line. A lot bounded by only three lot lines will not have a rear lot line. Lot Line, Side - Any lot line not a front or rear lot line. Lot, Minimum Area Of - The measurements of a lot computed exclusive of any portion of the right-of-way of any public thoroughfare. Lot of Record - A lot which is part of a subdivision or plat, an Auditor's Subdivision or a registered Land Surveyor a parcel of land not so platted, which has been approved by the City or meets the following conditions: A. Was a separate parcel of record April 1, 1945 or the date of adoption of subdivision regulations under Laws 1945, Chapter 287, whichever is later, or of the adoption of subdivision regulations pursuant to a Home Rule Charter; and B. Was the subject of a written agreement to convey entered into prior to such a time; and C. Was a separate parcel of not less than two and one half (2 %) acres in area and one hundred fifty (150) feet in width on January 1, 1966; and D. Was a separate parcel of not less than five (5) acres in area and three hundred (300) feet in width on July 1, 1980; and F. Is a single parcel of commercial or industrial land of not less than five acres and having a width of not less then three hundred (300) feet and its conveyance does not result in the division of the parcel into two or more lots or parcels, anyone of which is less than five (5) acres in area or three hundred (300) feet in width; and Page 8 of 65 G. Is a single parcel of residential or agricultural land of not less then twenty (20) acres and having a width of not less than five hundred (500) feet and its conveyance does not result in the division of the parcel into two or more lots or parcels, anyone of which is less than twenty (20) acres in area or five hundred (500) feet in width. Lot, Substandard - A lot or parcel of land that has less than the required minimum area or width, as established by the zone in which it is located and provided that such lot or parcel was recorded as a legally created lot on the effective date of the ordinance codified in this title. Lot, Through - A lot having its front and rear yards each abutting on a street. Lot, Width - The horizontal distance between side lot lines, measured at the required front setback line. Manufactured Housing - Single-family detached housing that is built to the National Manufactured Housing Construction and Safety Standards Act of 1974, and shall include structures known as manufactured homes or mobile homes. Mineral Extraction - The extraction of soil, sand, gravel, rock or other such material from the land. Motor Vehicle - A self-propelled vehicle for personal or business use as defined in Minnesota Statutes 169.01. Motor Fuel Station - An establishment where gasoline, diesel, kerosene, motor oil and lubricants are sold or used in servicing motor vehicles and where usual motor vehicle repairs and services are performed. Non-Conforming Structure or Use - A structure or use lawfully in existence on the effective date of this ordinance or any amendment thereto and not conforming to the regulations for the district in which it is situated. Nursing Home or Rest Home - A licensed establishment having accommodations for the continuous care of two or more invalid, infirm, aged convalescent patients or disabled persons that are non-related. Open Space - Any unoccupied land space open to the sky. Ordinary High Water Line (OHWL) - A line delineating the highest water level which has been maintained for a sufficient period of time to leave evidence on the landscape. The ordinary high water mark is commonly that point where the natural vegetation changes from predominantly aquatic to terrestrial. Performance Standard - A criterion established to control appearance, noise, odor, toxic Page 9 of 65 or noxious matter, vibration, fire and explosive hazards, glare, heat, waste and other potential impacts generated by or inherent in uses of land or buildings. Planned Unit Development - A tract of land, which will contain two or more principal structures, developed under unified ownership or control, the development of which may be unique and of a substantially different character than that of the surrounding a~ea. Planning and Zoning Commission - The Planning Commission of the City of Centerville. Plat - The drawing or map of a subdivision prepared for filing of record pursuant to Chapter 505 and containing all elements and requirements set forth in applicable local regulations adopted pursuant to Section 462.358 and Chapter 505. Portable Sign - Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels; signs converted to A- or T -frames; menu and sandwich board signs; umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible from the public right of way, unless said vehicle is used in the normal day-to-day operations of the business. Principal Use or Principal Structure - The main use to which the premises are devoted and the purpose for which the premises exist. Private Property - Any real property within the City which is privately owned and which is not a public property as defined in this section. Public Hearing - An official public meeting, which notice has been published in the official newspaper. Public Property - Any street or highway that includes the entire width between the boundary lines of every way publicly maintained for the purposes of vehicular travel, and shall also mean any other publicly owned property or facility. Recreational Use - Golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launches ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, hiking, bicycling and horseback riding trails. Recreational Vehicles - A mobile vehicle, including boats, used for recreational purposes capable of being towed or being self-propelled. Residential Facility - A state licensed residential facility, defined by Chapter 462, Minnesota Statutes, serving six (6) or fewer persons, in a Single-Family Residential District and no more than sixteen (16) persons in a Multiple-Family Residential District. Right-of-Way - A street, alley or easement permanently established for the passage of persons and vehicles, including the traveled surface of lands adjacent that are formally Page 10 of65 dedicated to such usage. Semipublic Use - The use of land by a private, nonprofit organization to provide a public service that is ordinarily open to some persons outside the regular constituency of the organization. Setback - The minimum horizontal distance between a lot line and a building line or use. Sewage Treatment System - A septic tank and soil absorption system or other individual or cluster type sewage treatment system but only as described and regulated by the City's land use regulation. Sewer System - Pipelines or conduits, pumping stations, forcemain, and all other construction devices, appliances, or appurtenances used for conducting sewage or industrial waste or other wastes to a point of ultimate disposal. Shore Impact Zone - Land located between the ordinary high water level of a public water and a line parallel to it at a set back of fifty percent (50%) of the structure setback. Shoreland - Land located within the following distances from public waters: one thousand (1,000) feet from the ordinary high water level of a lake, pond, or flowage; and three hundred (300) feet from a river or stream, or the landward extent of a flood plain designated by ordinance on a river or stream, which ever is greater. The limits of shorelands may be reduced whenever the waters involved are bounded by topographic divides, which extend landward from the waters for lesser distances and when approved by the Commissioner. Sign - Any name identification, display illustration structure or device which is publicly displayed and which is used to direct attention to a product, person, business, institution or place. Significant Historic Site - Any archaeological site, standing structure, or other property that meets the criteria for eligibility to the National Register of Historic Places or is listed in the State Register of Historic Sites, or is determined to be an unplanted cemetery that falls under the provisions of Minnesota Statutes, Section 307.08. A historic site meets these criteria if it is presently listed on either register or if it is determined to meet the qualifications for listing after review by the Minnesota State Archaeologist or the Director of the Minnesota Historical Society. All unplatted cemeteries are automatically considered to be significant historic sites. Story - That portion of a building included between the surface of any,f1oor and the surface of the next floor above it, or if there is no floor above it, then the space between the floor and the ceiling next above it. Story-Half - That portion of a building under a gable, hip or gambrel roof the wall plates of which, on at least two opposite exterior walls, are not more than two feet above the floor of such story. Page 11 of65 Steep Slope - Land where agricultural activity or development is either not recommended or described as poorly suited due to slope steepness and the site's soil characteristics, as mapped and described in available county soil surveys or other technical reports, unless appropriate design and construction techniques and farming practices are used in accordance with the provision of this ordinance. Where specific information is not available, steep slopes are land having average slopes over twelve percent.(12%), as measured over horizontal distances of fifty (50) feet or more. Street Access - A public thoroughfare, which affords the principal means of abutting land. Street Line - The legal line of demarcation between a street and abutting land. Structure - Anything constructed or erected, the use which requires a location on the ground, or attached to something having a location on the ground, or an attachment to something having a fixed location on the ground; including, in addition to buildings, billboards, carports, porches, decks and other building features, but not including sidewalks, drives, swing-sets, enclosed play structures under fifty (50) square feet, fences and patios. Structural Alteration - Any change in the supporting members of a building or structure, such as bearing walls, columns, beams, or girders; provided, however, the application of any exterior siding to an existing building for the purpose of beautifying and modernizing shall not be considered a structural alteration. Subdivision - The separation of an area, parcel or tract of land under single ownership into two or more parcels, tracts, lots, or long-term leasehold interests where the creation of the leasehold interest, necessitates the creation of streets, roads, or alleys, for residential, commercial, industrial, or other uses or any combination thereof, except those separations: A. Where all the resulting parcels, tracts, lots, or interests will be twenty (20) acres or larger in size and five hundred (500) feet in width for residential uses and five (5) acres or larger in size for commercial and industrial uses; and B. Creating cemetery lots; and C. Resulting from court orders, or the adjustment of a lot line by the relocation of a common boundary. The purpose or activity for which the land or building thereon is designed, arranged, or intended, or for which it is occupied or maintained and shall include a,ny manner of performance of such activity with respect to the performance standards of this ordinance. Supply Yard - A commercial establishment storing or offering for sale building supplies, steel supplies, coal, heavy equipment, feed and grain, and similar goods. Supply yards do not include the wrecking, salvaging, dismantling or storage of automobiles and similar vehicles. Page 12 of 65 Yard - A required open space on a lot which is unoccupied and unobstructed from the ground upward, except as otherwise provided for herein. The measurement of a yard shall be construed as the minimum horizontal distance between the lot line and the building line. Yard, Front - A yard extending across the full width of the front lot between siqe lot lines and extending from the abutting street right-of-way line to a depth required in the yard regulations of the district in which such lot is located. On a corner lot the street address or narrowest street dimension or the street shall be the front yard. Yard, Rear - A yard extending along a side lot line between the front and rear yard lot line, having a width as specified in the yard regulations for the district in which such lot is located. Yard, Side - A yard between the sideline of the lot and the nearest line of the building and extending from the front yard to the rear yard. Zoning District - An area or areas for which the regulations and requirements governing use, lot and bulk of buildings and premises are uniform. Section 015-030: General Regulations. For clarity and consistency in the understanding and application of this Ordinance the following shall apply: Use of the masculine gender includes the feminine and neuter genders unless otherwise specifically noted. Grammatical use of references made in the singular shall include the plural and the plural shall include the singular, unless such use or reference is otherwise specifically stated. Sentence construction or phraseology in the present tense, and similarly, references in the future tense may include the present. The word "shall" is used to mean mandatory, whereas the word "may" is permissive and does not imply obligation. The catchlines of the sections of this Ordinance are intended as mere catchwords to indicate the content of the section, and shall not be deemed or taken to be titles of such sections, nor be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any sections. Division 20: Scope and Interpretation A. Scope Page 14 of65 No structure, or part, thereof, shall be erected, converted, enlarged, reconstructed, altered or moved without a permit approved by the City. No structure or land shall be used for any purpose or altered in any manner that is not in conformity with the provisions of this Ordinance. Unless otherwise noted, no structure permitted under this Ordinance may be inhabited or occupied without a Certificate of Occupancy issued by the City. . B. Relationship to Comprehensive Plan Interpretation and enforcement of the provisions of this Ordinance are intended to be consistent with the implementation of goals, policies and land use elements of the Centerville Comprehensive Plan to the extent practical or required by law. The application of or amendments to this Ordinance, which are determined to be inconsistent with the Comprehensive Plan, shall require amendments to the Comprehensive Plan, this Ordinance or both. C. Minimum Requirements In their interpretation and application, the provisions ofthis Ordinance shall be held to be the minimum requirements for the promotion of the public health, safety and general welfare. D. Use Not Identified Uses not specifically identified in this Ordinance as permitted shall be prohibited. Amendments to this Ordinance shall be required to allow any use, which is not clearly permitted by right. E. Deadline for Actions It is the intent of the City to comply with State requirements for timely review and actions requiring formal approval by the City. Information submissions and applications must be determined by the City to be complete before a time line for action is initiated. In the event the City cannot act upon a request within a sixty (60) day time frame, the City will notify an applicant in writing that action will be completed within 120 days of the date the application was accepted by the City. In the event that multiple approvals are involved in any action, such as a site plan review requiring a variance or a Zoning Ordinance amendment requiring a Comprehensive Plan amendment, each action shall require a separate, independent time line for action. F. Other Ordinances The City has enacted other Ordinances that may supplement or Page 15 of65 supercede this Ordinance, including but not limited to the Subdivision Ordinance, Shoreland Ordinance and the adoption of building codes. Users of this Ordinance should contact the City to determine whether certain provisions in this Ordinance are affected by other Ordinances. Division 25: Lot Provisions Lots of Record A. No lot of record shall be reduced in size below the district requirements of this Ordinance; and B. A lot of record shall be deemed a buildable lot even though the lot area and/or dimensions are less than those required for the district provided as follows: 1 . Evidence must be presented that the lot in question met minimum requirements for the division of property under ordinance regulations in effect at the time of the division of property; and 2. It fronts on a public street; and 3. The lot is within seventy percent (70%) of the minimum lot area and lot width required. C. If two (2) or more lots are in single ownership and if all or part of the lots do not meet the width and area requirements of this Ordinance, the contiguous lots shall be considered to be an undivided parcel for the purpose of this Ordinance. Division 30: Non-Conforming Uses and Structures Any structure or use existing upon the effective date of the adoption of this Ordinance which does not conform to the provisions of the Ordinance may be continued subject to the following conditions: A. The non-conforming use is not expanded or enlarged, except in conformity with the provisions of this Ordinance; and . B. If a non-conforming use is discontinued or a non-conforming structure is abandoned for a period of six (6) months, further use of the structure or property must conform to this Ordinance; and C. If a non-conforming use is replaced by another use, the new use shall conform to this Ordinance; and Page 16 of65 D. If a non-conforming use or structure is damaged by any cause to the extent that repair or replacement costs exceed fifty percent (50%) of the market value, the use or structure may not be replaced or repaired except in conformity with this Ordinance; and E. Normal maintenance of a non-conforming structure is permitted, including necessary non-structural repairs and incidental alterations which do not extend or intensify the non-conforming use. Division 35: Home Occupations Home occupations in the City must meet the following criteria: A. Home occupations shall be conducted solely by persons residing in the residence with the exception of no more than one additional non- related employee; and B. All business activities and storage shall take place within the structure; and C. There shall be no alteration to the exterior of the residential dwelling, accessory building or yard that in any way alters the residential character of the premises; and D. No more than one (1) sign not exceeding two (2) square feet with a maximum height of six (6) feet identifying the occupation shall be used; and E. The occupation shall not be visible or audible from any property line; and F. The occupation may involve limited retail sale or rental of products on the premises, provided all stock in trade is completely enclosed in the principal structure. Retail merchandise may not constitute more than fifty percent (50%) of the principal structure square footage; and G. Unless completely enclosed within an approved structure, no vehicle used in the conduct of the occupation shall be parked, stored or otherwise present at the premises other than such as i~ customarily used for domestic or household purposes. See Section 140-140: Outside Storage.; and H. Only on-site off-street parking facilities typically associated with a residence shall be used; and I. The conduct of an occupation or the use of substances which may be Page 17 of 65 hazardous to or in any way jeopardize the health, safety or welfare of neighbors and neighboring property shall not be permitted. Division 40: Single-Family Dwelling Requirements All Single-family, detached dwellings shall be constructed according to the following minimum standards: . A. All dwellings shall have a minimum width of twenty-four (24) feet at its narrowest point, with the exception of the M-1 District; and B. Metal siding, with exposed panels exceeding twelve (12) inches in width, shall not be permitted; and B. All Single-family, detached dwellings shall have attached garages. Garages may not be converted to habitable space without replacing the required garage; and C. Single-family dwellings other than approved earth sheltered homes shall have at least a 3/12 roof pitch and shall be covered with an approved roofing material; and E. All Single-family dwellings shall have roof overhangs which extend a minimum of one (1) foot from all the walls of the structure. Division 45: Temporary Dwellings and Structures The use and occupancy of a tent, recreation vehicle or other temporary dwellings for the purpose of living quarters is not permitted in the City, except as approved by the City Council under special circumstances. Temporary structures and trailers used in conjunction with construction work shall be permitted only during the period that the construction work is in progress. Permits for temporary structures shall be issued for a six (6) month period, but are subject to the Minnesota State Building Code. Division 50: Driveway and Parking Lot Improvements All required ingress/egress points, driveways and parking areas shall be paved with asphalt, concrete, pavers, cobblestone or similar material according to minimum City specifications, excluding R-1 Districts. Driveways may not exceed a ttiirty (30) foot width at the streetline. Page 180[65 Division 55: Public Utilities Reauired All residential, commercial, industrial, public, institutional or other uses, which include plumbing facilities, shall be connected to the public sewer and water system when available. Division 60: Relocated Buildinas or Structures No existing building or structure may be relocated anywhere in the City without a permit. A permit for the relocation of any building or structure may not be issued without site plan approval by the Planning and Zoning Commission. The Planning and Zoning Commission shall not approve a site plan without certifying the following: A. The building or structure is compatible in appearance, age and character with existing buildings and structures in the area; and B. The building or structure meets all code requirements for new buildings or structures; and C. The building or structure is compatible with any other buildings or structures existing on the same property; and D. The building or structure meets all other requirements of this Ordinance and any other City ordinances; and Division 65: Accessory Structures and Uses No more than two (2) accessory structures are permitted on any Single-family, detached dwelling parcel located in any district except R-1. Combined aggregate square footage for accessory structures may not exceed two hundred (200) square feet or two percent (2%) of the lot area whichever is greater. No accessory structure may be constructed on a parcel without a principal structure. Accessory structures must have a minimum of a ten (10) foot side setback and a five (5) foot rear setback, except in the M-1 District where the building code governs the setbacks. In case an accessory building is attached to the main building, it shall be made structurally a part of the main building and shall comply in all respects with the requirements of this Ordinance applicable to the main building. An accessory building, unless attached to and made a part of the main building, shall not be closer than five (5) feet to the main building, except as otherwise provided in this section. The side walls of an accessory building may not exceed ten (10) feet in height. Page 19 of65 Division 70: Site Plan Review Reauired For all zoning actions or permit applications, other than Single-family Residential new construction building permits, a site plan review is required. Section 070-010: Submittal Requirements. A. Boundary survey of parcel including identification of all monuments; and B. Scaled location of all buildings, structures, driveways, sidewalk, trails, parking stalls and curbing; and C. Scaled identification of all setback dimensions from property lines; and D. Scaled locations of all existing and proposed utilities and easements; and E. Scaled depictions of floor plans for each story; and F. Scaled depictions of each building elevation and descriptions of exterior building materials and color schemes; and G. Scaled site grading plans, including erosion and sedimentation control mechanisms and procedures; and H. Scaled delineations of any shoreland, floodplain or wetland areas on the site; and I. Identification of any floodplain or wetland encroachments and detailed mitigation plans; and J. Detailed landscape plans, illustrating size, types and locations of all materials, a description of site seeding or sodding, a description of the timetable for site landscaping and the identification of any irrigation systems; and K. Detailed descriptions of any site fencing, including type, location and height. All plans shall be dated and bear the preparer(s) name(s), including professional registrations or certifications when appropriate or required. Page 20 of 65 Section 070-020: Review Requirements. For actions that will require committee review, applicants shall submit sixteen (16) sets of site plans with a required application form and appropriate fees to the City Clerk for distribution. Site plans will be evaluated for consistency with documentation requirements. Upon acceptance of the application, site plans will be distributed to the appropriate City entity for review and recommendation. Action to approve, modify or deny site plan applications will be based upon consistency of the application with the City's Comprehensive Plan, Zoning Ordinance, other policies and official controls and the compatibility of the proposed action with existing area land uses, existing area investments and neighborhood character, capacity of public streets and utilities and future planned land uses. Section 070-030: Exceptions. The City may waive certain submittal requirements for fence permits or residential variance applications, when it is determined that submittal requirements are not applicable or are not necessary to complete a review of the proposed action. The City may also waive certain submittal requirements for other actions, when site plan information for the subject property has previously been submitted to the City and may be more appropriately supplemented with new information. Division 75: Final Grading and Landscaping Lots in all districts shall be subject to the following: Subd. 1 No Occupancy Permit shall be issued until the lot upon which the structure is constructed is brought to finished grade as specified; and Subd.2 Within six (6) months from the issuance of the Occupancy Permit the lot shall be landscaped in a manner which prevents erosion due to wind or water. Extensions may be granted at the Building Official's discretion. Division 80: Zoning Districts/Use Regulations Section 080-010: Zoning Map. A map entitled "Centerville Zoning Map" is hereby adopted by reference and declared to be part of this Ordinance as the Official Zoning Map. Such map shall be on permanent file and available for public inspection in the City Hall. It shall be the responsibility of the City Clerk to maintain and keep the map up to date and to record each amendment thereto within thirty (30) days after official publication of the ordinance adopting the amendment. Section 080-020: Interpretation of the Zoning Map. Where due to the scale, lack of detail or illegibility of the Zoning Map attached hereto, there is an uncertainty, contradiction or conflict as to the intended location of any zoning district boundary as shown thereon, the Planning and Zoning Commission shall make an interpretation of the map upon the request Page 21 of65 of any person. Any person aggrieved by any such interpretation may appeal such interpretation to the Board of Appeals and Adjustments. The Board of Appeals and Adjustments, in interpreting the Zoning Map or deciding any appeal, shall apply to the following standards: A. Zoning district boundary lines are intended to follow lot lines, or be parallel or perpendicular thereto, or along the centerlines of streets, rights-of-way or watercourses, unless such boundary lines are fixed by dimensions shown on the Zoning Map; and B. Where zoning district boundary lines are so indicated that they approximately follow lot lines, such lot lines shall be construed to be such boundary lines; and C. Where a zoning district boundary line divides a lot, the location of any such zoning district boundary line, unless indicated by dimensions shown on the zoning map, shall be determined by the use of the map scale shown thereon; and D. If, after the application of the foregoing rules, uncertainty still exists as to the exact location of a zoning district boundary line, the boundary line shall be determined in a reasonable manner, considering the history of uses of the property and the history of zoning ordinances and amendments in Centerville as well as other relevant facts. Section 080-030: Establishment of Districts. For the purpose of this Ordinance, the City of Centerville is hereby divided into the following zoning districts: R-1 Rural Residential R-2A High Density Single Family Residential R-2 Single Family Residential R-4 Single Family Manufactured Housing District R-5 Single Family Residential - Estate B-1 Commercial 1-1 Industrial Park District P-1 Publicllnstitutional District M-1 Mixed Use Section 080-040: Rural Residential (R-1). Purpose The purpose of the R-1 District is to allow agricultural activities and non-sewered residential dwellings as interim uses of the land. The City has limited vacant land for development and all land in the City is planned for eventual urban uses. Because of the limited duration anticipated for agricultural uses in the City and the incompatibilities which often exist Page 22 of 65 between agricultural and non-agricultural uses, permitted uses in the R.1 District will not reflect intensive commercial agricultural uses. Permitted Uses A. Single-family, detached, dwellings at a density not exceeding one (1) home per ten (10) acres; and B. Residential accessory uses and home occupations; and C. Crop production and vegetable gardening; and D. Produce stands for products raised on the premises; and E. Tree nurseries and sod farms; and F. Horses, livestock and fowl, not exceeding a density of one (1) horse or livestock animal per acre or three (3) fowl per acre. Special Requirements Agricultural uses are permitted in the R-1 District subject to the following requirements: A. Feed lots, runs, pens and similar intensively used facilities for animal raising and care shall not be located within three hundred (300) feet of a neighboring property; and B. Accessory farm buildings shall not be erected within one hundred (100) feet of a neighboring property. Section 080-050: High Density, Single-Family, Residential (R-2A). Purpose It is intended that the R-2A District provide for higher density single family detached, attached and multiple dwelling opportunities in areas where public utilities are available and required for service. The design and circulation of new residential areas are also intended to be complimentary with and enhance the community's small town atmosphere. Permitted Uses and Structures A. Single-family, detached dwellings. B. Single-family, attached dwellings with more than four (4) dwelling units per building. C. Apartments or condominiums at a density not exceeding twelve (12) units per acre. Page 23 of 65 D. Accessory uses. E. Public parks and recreation uses. F. Day care facility. G. Residential facility. H. Home occupations. Section 080-060: Single-Family, Residential (R-2). Purpose It is intended that the R-2 District provide for lower density traditional single family detached dwelling opportunities in areas where public utilities are available and required for service. The design and circulation of new residential areas are also intended to be complimentary with and enhance the community's small town atmosphere. Permitted Uses and Structures A. Single-family, detached dwellings. B. Single-family, attached dwellings with two units. C. Accessory uses. D. Public parks and recreation facilities. E. Day care facility. F. Residential facility. G. Home occupations. Section 080-070: Single-Family, Manufactured Housing (R-4). Purpose It is intended that the R-4 District provide for high density single-family, attached and detached residential opportunities in areas where public utilities are available and required for service. The design and circulation of new residential areas are also intended to be complimentary with and enhance the community's small town atmosphere. Page 24 of 65 Permitted Uses and Structures A. Single-family, detached dwellings. B. Single-Family, attached dwellings with four (4) units or less. C. Accessory uses. D. Public parks and recreation facilities. E. Day care facility. F. Residential facility. G. Home occupations. Special Requirements Manufactured homes are permitted in all residential districts if they meet the design criteria for such districts. All other manufactured homes shall be located only in designated manufactured home districts which meet the requirements of this Ordinance. The general intent of this district is to provide for manufactured housing in subdivided developments, in safe, attractive residential neighborhoods with all urban services and desired amenities as other residential areas. No person shall erect, establish, extend or enlarge a manufactured housing development within the limits of the City of Centerville without first obtaining Site Plan approval from the City Council upon receipt of the recommendation of the Planning and Zoning Commission. Approval shall be granted only upon compliance with all the following: 1.) Compliance with all other terms of this Ordinance #4, Centerville Zoning Ordinance; 2.) Compliance with all the terms of Ordinance #8, Centerville Subdivision Ordinance; 3.) The proposed development must be located in the City's urban service area as shown in the Comprehensive Development Plan, and must be served by public utilities as approved by the City of Centerville. Section 080-080: Single-Family Residential - Estate (R-5). Purpose It is intended that the R-5 District provide for low-density traditional single family residential where public utilities are available and required for service. The design and circulation of new residential areas are also intended to be complimentary with and enhance the community's small town atmosphere. Permitted Uses A. Single-family, detached dwellings. B. Accessory uses. C. Public parks and recreation uses. Page 25 of 65 D. Day care facility. E. Residential facility. F. Home occupations. Section 080-090: Commercial District (B-1). Purpose It is intended that the B-1 District provide opportunities for retail and service business uses which require larger development sites, highway visibility or highway access. Permitted Uses A. Retail sales and service, but excluding adult orientated businesses. B. Automobile and motorized equipment sales and service, excluding salvage operations. C. Farm implement sales and service. D. Building supply sales and storage yards. E. Funeral homes and mortuaries. F. Day care centers. G. Hotels and motels. H. Full service gasoline sales and service. I. Eating and drinking establishments. J. Financial institutions. K. Personal and professional business offices. L. Public buildings. M. Barber/Beauty salons. N. Commercial schools. O. Hospitals and clinics. Page 26 of 65 P. Nursing homes. a. Commercial recreation. R. Animal clinics. S. Car washes. T. Liquor stores. Section 080-100: Industrial District(I-1). Purpose It is intended that the 1-1 District provide opportunities for light manufacturing and industrial uses, trade businesses, machine shops and other more extensive land uses. Permitted Uses A. Business and professional offices. B. Machine and repair shops. C. Construction trade offices and yards. D. Manufacturing, warehousing, distribution, processing, packaging, assembly and research uses, except waste management. E. Indoor shooting/archery range and sales. F. Truck terminals. Special Requirements The storage of supplies, products, vehicles, equipment or other materials shall be kept indoors unless totally screened from public rights of way and adjacent properties. Adult orientated businesses are regulated separately by City Ordinance. Section 080-110: Public/Institutional District (P-1). Purpose It is intended that the P-1 District provide opportunities for government facilities, schools, churches, hospitals, libraries and other similar public and institutional uses. Permitted Uses A. Government buildings, structures, facilities, utilities, rights-of-way, easements, parks, open spaces and vacant land. Page 27 of 65 B. Schools, churches, cultural and educational facilities and uses, libraries, hospitals and health facilities. Section 080-120: Mixed Use District (M-1). Purpose It is intended that the M-1 District provide for the unique layout and character of a traditional central business district with retail, professional office, residential, and other mixed uses. Permitted Uses A. Retail sales conducted within structures, but excluding automobile and motorized equipment sales, truck stops, gasoline and fuel sales, drive through restaurants. B. Repair and service conducted within structures, but excluding automobile and motorized equipment repair. C. Professional and business offices. D. Multiple residences and accessory uses. E. Accessory apartments. F. Theaters and recreational businesses conducted within structures. G. Public buildings. Special requirements It is the intent of these provisions to allow for flexibility of land uses and exceptions to traditional dimensional standards, when other conditions and special requirements are met. These provisions are not meant to allow unrestricted leapfrogging of land uses or disregard for compatibility of land uses. Greater flexibility in zoning regulations often leads to more subjectivity in land use interpretations. In making zoning decisions about land use compatibility and dimensional criteria for uses and structures, the City shall have broad discretion to protect the public health, safety and welfare; and to protect the residential integrity of the Mixed Use District and surrounding residential neighborhoods. Setbacks and lot coverage for new or expanded structures shall be determined through the Site Plan Review process by the Planning and Zoning Commission. Factors to be considered in the determination shall include; but not be limited to, existing setbacks, structural appearance, site drainage, public access, pedestrian safety, automobile safety, intersection visibility, height, parking, landscaping and other site design factors. Residential Page 28 of 65 dwellings shall not be prohibited or discouraged in the M-1 District. The use or conversion of a residential structure for commercial use, other than a home occupation, shall require Site Plan approval by the Planning and Zoning Commission. Factors to be considered for such a use conversion include, but are not limited to, compatibility with adjacent land uses, structural appearance, structural adaptability, investment relationship, term or length of conversion (interim or permanent) and consistency with any land use plans prepared by the City for the Mixed Use District. The architectural design and exterior building materials used in connection with any new or expanded use or structure shall be consistent with any architectural design or aesthetic control requirements established by the City for the Mixed Use District. Division 85: Zero Lot Lines In new residential subdivisions in M-1, R-2A, R-2, R-3 and R-4 Residential Zoning Districts, structures may be arranged to include one (1) zero lot line provided that no windows or doors open on this side of the structure. The appropriate setbacks apply. Division 90: Parking ReQuirements The following table illustrates the minimum number of parking spaces required for various uses permitted in the City. The City may modify minimum parking requirements in the M-1 District, as part of the Site Plan Approval process, if it is determined that the use is consistent with the purpose of the district and street parking is sufficient to accommodate the use. Uses Residential Churches Schools ross floor area ross floor area ross floor area ross floor area Theaters Restaurants Offices Retail Convenience Stores General Services Trade Businesses Manufacturin Other Industrial Car Washes Drive-up Restaurants Page 29 of 65 Division 95: Commercial Exterior Building Materials Except; as otherwise regulated herein, the exterior wall surfaces of all new or expanded commercial buildings shall consist of face brick, finished block or other textured masonry product approved by the Planning and Zoning Commission. Exceptions to a~ masonry exteriors may be considered and approved by the Planning and Zoning Commission provided the following findings are met: A. At least sixty percent (60%) of the exterior surface is masonry. B. The combination of exterior materials is used as an architectural compliment to the structure. C. The combination of exterior materials used is not inconsistent with the quality and appearance used on similar buildings in the same zoning district or neighborhood. D. Site conditions limit public exposure to certain exterior surfaces where masonry products are not proposed. E. An exterior wall may be temporary and a future expansion area of a structure and be subject to removal or redesign as an interior wall. Buildings are required to have contrasting architectural features and must be designed to be aesthetically pleasing. Division 100: Industrial Exterior Building Materials Industrial buildings are required to be constructed of brick, decorative block or approved textured masonry product. Pole barn type buildings are not allowed. Buildings are required to have contrasting architectural features and must be designed to be aesthetically pleasing. Division 105: Fences A. A site plan must be approved by the Building Official for any fence installed for any purpose prior to installation of same. A site plan showing the location of the fence shall be submitted with the permit application. B. All fences shall be located entirely upon the property of the fence owner unless the owner of the adjoining property agrees, in writing, that said fence may be erected on the property line of the respective Page 30 of 65 properties. Such an agreement shall be submitted at the time of building permit application. If the adjoining property owner does not agree to the erection of such fence, the fence shall be set back a minimum of two (2) feet from all lot lines. No fence other than a decorative fence may be constructed along the side Jot lines of a residential lot between the street and the front extension of the dwelling house. As used herein, the term "decorative fence" means a wood vertical post and wood horizontal rail fence with no more than three (3) rails or a wood picket type fence with at least two (2) inches of open space between each picket. C. No residential fence may exceed six (6) feet in height and no decorative fence in the front yard may exceed thirty-six (36) inches in height. Fencing in commercial/industrial zoning shall not exceed eight (8) feet in height. D. All fences shall be constructed and maintained in a substantial, workmanlike manner and of material reasonably suited for the purpose for which the fence is proposed to be used. Every fence shall be constructed so that the side containing the framing supports and cross pieces face the interior of the fence owner's lot. Any fence which does not comply with the provisions of this Section or which endangers the public safety, health or welfare shall be considered a public nuisance. Section 105-010: Snow-Stop Fencing. Snow-stop fencing may be used from November 1 to April 1. No permit shall be required for temporary fencing. Section 105-020: Electric and Barbed Wire Fence. Electric fences, hog wire fencing, barbed wire fencing, and similar fencing will not be allowed except in the R-1 District. Section105-030: Visual Obstructions. No fence may be erected which creates visual obstructions at any intersection, alley, driveway or street for safe vehicular, bicycle or pedestrian movement. Section 105-040: Swimming Pool Fencing. No private swimming pool or commercial pond with a water depth exceeding twenty-four (24) inches may be allowed unless enclosed by a permanent wall or fence not less than six (6) feet in height with self- closing door and self-closing latch. Division 110: Sign Reaulations Section 110-010: General Provisions. A. A sign is a structure or a part of a structure for the purpose of applying Page 31 of65 yard and height requirements, unless specifically authorized in other areas of this Ordinance. B. Signs are prohibited within the public right-of-way or easements except that the City Council may grant a Special Use Permit to locate signs and decorations on or within the right-of-way for a specified time. C. Flashing signs, motion signs or similar devices shall be prohibited in all districts, except approved traffic signal devices. D. Interior illuminated signs are permitted in all districts except Residential. All illuminated signs shall have a shielded light source. E. Business signs shall not be painted, attached, or in any manner affixed to trees, rocks or similar natural surfaces. No signs of any type shall be painted directly on to the roof or the sides of a building. F. Signs which interfere with the ability of vehicle operators or pedestrians to see traffic signals, or which impede the vision of traffic by vehicle operators or pedestrians are prohibited. G. Wall signs must be mounted to the wall in a plane parallel to the wall and not perpendicular or projecting from the wall. H. Signs shall not project above the roofline of any structure without the issuance of a Special Use Permit. I. No sign shall physically obstruct any window, fire escape or opening intended to provide entry or exit to any structure or building or public way. J. All signs and sign structures shall be properly maintained in a safe, orderly condition at all times, including the replacement of defective parts, cleaning and other items required for the maintenance of the sign. Vegetation around, in front of, behind, and underneath the base of ground signs for a distance of ten (10) feet shall be neatly trimmed and free of weeds, and no rubbish or debris that would constitute a fire or health hazard shall be permitted under or near the sign. K. No signs may be placed on utility poles in the community. L. There may be no more than one identical sign per lot in a residentially zoned area. Page 32 of 65 Section 110-020: Permitted Signs. A. Campaign signs posted by bona fide candidates for political office or by a person or group promoting a political issue for a candidate may be placed in any district subject to the requirements of the district. Campaign signs may be posted for a period not to exceed sixty (60) days and shall be removed within seven days following the date of the election. Only one sign per candidate will be allowed per lot. B. Temporary banners and pennants employed for grand opening of business establishments, special events and holidays shall be removed within fourteen (14) days after such an opening, event or holiday. Banners or pennants which are an integral part of the design or architecture of a building are permitted. C. One temporary identification sign, setting forth the name of the project, architect, engineers, contractors, planners and financing agencies, may be installed at a construction site in any district for the period of construction. The sign area of a temporary identification sign shall not exceed thirty-five (35) square feet. D. In any district, one temporary real estate sign may be erected for the purpose of advertising the lease or sale of property upon which it is placed. Only one such sign shall be permitted per street frontage. Such sign shall be removed within seven (7) days following lease or sale. E. Open house or other temporary signs that are placed and removed on the same day. The maximum size of such signs for each district is as follows: Residential Districts B Agriculture and Publicllnstitutional Districts B Commercialllndustrial Districts B Ten (10) square feet Twenty-five (25) square feet Thirty-two (32) square feet Section 110-030: Portable Signs. Portable signs are prohibited in residential districts. Portable signs in all other Districts are allowed with permit as specifically authorized below. Portable signs used for the purpose of directing the public will be permitted subject to the following conditions: A. Said sign is coincidental to or used in conjunction with a public function; and Page 33 of 65 B. Said sign is used for a special business promotion or event; and C. The period of use for such a sign shall not exceed fourteen (14) consecutive days; and D. No business may have more than six (6) special promotions or events per year; and E. Portable signs may not exceed eighty (80) square feet. Section 110-040: Comprehensive Sign Plan Required. A Comprehensive Sign Plan is required at the time of Planning and Zoning Commission review of any proposed commercial or industrial development. Said plan shall indicate the location, size, height, color, lighting and orientation of all proposed signs and shall be submitted for approval pursuant to the regulations of the City of Centerville A. The following signs are permitted in the Residential and Publicllnstitutional Districts: 1. Name Plate Signs: One (1) sign not to exceed two (2) square feet in area for each Single- Family, detached, dwelling or six (6) square feet in area for each Multiple-family and Public/Institutional building. Said nameplate shall indicate only name and address.; and 2. Public, Institutional, and Recreational Signs: One sign or bulletin board per street frontage for each permitted use in said district, provided said sign shall not exceed fifty (50) square feet in area and shall be placed outside of the street right-of-way with the exception of the center island and shall not exceed twelve (12) feet in height; and 3. Area Identification Sign: One (1) sign not to exceed twenty-four (24) square feet in area for each planned residential district entrance, provided said sign is not placed within any street right-of-way and does not exceed ten (10) feet in height. Page 34 of 65 B. The following signs are permitted in the Commercial and Industrial Districts: 1. Wall Signs: Wall signs are permitted on each public street exposure or public parking exposure provided said signage does not exceed ten percent (10%) of said wall area; and 2. Free Standing Signs: One (1) free standing sign per street frontage provided, however, said sign does not exceed eighty (80) square feet in area and twenty (20) feet in height; and 3. Area Identification Signs: One (1) area identification sign is permitted per street frontage per commercial or industrial development provided, however, said sign does not exceed sixty-four (64) square feet in area and twenty (20) feet in height, and is not placed within ten (10) feet of any street right-of-way. Division 115: Height Section 115-010: Dwellings. No dwelling or other building may be erected to a height exceeding thirty-five (35) feet without the issuance of a Special Use Permit. Section 115-020: Excess Height on a Permit. Upon the securing of a Special Use Permit any building may be erected to a height exceeding that specified for the respective district providing: A. The front, rear and side yards shall be increased one (1) foot for each one (1) foot by which the building exceeds the height limit established for such district; and B. The structure is any of the following: television and radio towers, church spires, belfries, monuments, tanks, water and fire towers, grain elevators, stage towers and scenery lofts, cooling towers, ornamental towers and spires, chimneys, elevator bulkheads, smokestacks conveyors, flagpoles, silos, and air conditioning and heating units; and C. No tower, gable, spire, or similar structure shall be used for sleeping or eating quarters or for any commercial purpose except one (1) incidental to the permitted uses of the main building. Page 35 of 65 Division 120: Yards Section 120-010: General Requirements. The minimum depth of front yards, rear yard and side yard for each District shall be as defined in the Schedule of Regulations and conform to the following additional regulations: A. All structures, whether attached to the principal structure or not, and whether open or enclosed, including porches, carports, balconies or platforms above normal grade level shall not project into any minimum front, side or rear yard; and B. Lots which abut on more than one (1) street shall provide the required front yards along each street. Rear yard setbacks shall not be required on corner lots since side yard setbacks apply; and C. Any principal structure situated on lands contiguous to or abutting any portion of the public lakes in Centerville shall maintain yard setbacks of seventy-five (75) feet from the lake. Where adjacent structures have yard setbacks different from these requirements, the minimum setback from the lake shall be the average setback of such adjacent structures to a minimum of fifty (50) feet; and D. The minimum side or rear yard depths for the following non-residential structures or uses which abut any lot in any Residential District shall be: 1. Off-street parking spaces and access drives for non- residential uses - Twenty (20) feet; and 2. Churches, schools and public or semi-public structures - Forty (40) feet; and 3. Recreation facilities, entertainment facilities, all business uses and all industrial uses - Sixty (60) feet. Section 120-020: Computing Front Yards. For the purpose of computing front yard dimensions, measurements shall be taken from the nearest point of the front wall of the building to the street right-of-way line subject to the following qualifications: A. Cornices, canopies, or eaves may extend into the requked front yard a distance not exceeding two (2) feet, six (6) inches; and B. Fire escapes may extend into the required front yard a distance not exceeding four (4) feet, six (6) inches; and Page 36 of65 C. A landing place or uncovered porch may extend into the required front yard to a distance not exceeding six (6) feet, if the landing place or porch has its floor no higher than the entrance floor of the building. An open railing no higher than three (3) feet may be placed around such place; and D. The above enumerated architectural features may also extend into any side or rear yard to the same extent, except that no porch, terrace, or outside stairway shall project more than three (3) feet into any side yard and then, in the case of an outside stairway, only if it is unroofed and unenclosed above and below the steps. In no case shall a porch, stair landing, or any other architectural feature extend closer than four (4) feet to the side property line; and E. On a corner lot in any Residential District, nothing shall be erected, placed, planted, or allowed to grow in such a manner as materially to impede vision between a height of two and one-half (2 1/2) and ten (10) feet above the centerline grades of the intersecting streets in the area bounded by the street of the lot and a line joining points along the street lines fifty (50) feet from the point of the intersection. Section 120-030: Average Setback. In anyone (1) or two (2) Family Residential District where twenty-five percent (25%) or more of the lots in any block located in the same district, exclusive of the frontage along the side of a corner lot, has been heretofore improved with buildings of a character permitted in the District and the front yards on the lots vary in depth to an extent not greater than six (6) feet, the required front yard depth for the district shall be disregarded in the block and instead the front yard required on each lot in the block shall be of a depth not less than the average depth of the front yards on the lots on which are located such existing buildings, to a maximum of fifty (50) feet. The same rule shall apply in any other Residential District but only in case the average depth of front yards on the lots on which are located such existing buildings is less than the depth of front yards otherwise required by this Ordinance. Section 120-040: Erection of More than One Principal Structure on Lot. In any district, more than one structure housing a conforming principal use may be erected on a single lot if yard and other requirements of this ordinance are met for each structure as though it were on an individual lot. Required on-site parking space shall be provided on the same lot as the principal building or use, except that combined or joint parking facilities may be provided for two (2) or more buildings or uses in commercial districts and in industrial districts, provided that the total number of spaces is not less tt:lan the sum of the requirements for each building or use. The proposed joint parking space shall be within four hundred (400) feet of the entrance of the use it will serve. A properly drawn legal instrument, approved by the City, executed by the parties concerned, for joint use of the off- street parking facilities shall be filed with the County Recorder's office. Page 37 of 65 Division 125: Parking and Storage of Certain Vehicles No motor vehicle or trailer without current license plates shall be parked or stored on any property in a Residential District other than in a completely enclosed building or without a Special Use Permit. No vehicle may be parked on a grass surface in the front yard. It is unlawful for any person to park, store or leave any abandoned motor vehicle upon any public or private property within the City, or for any property owner or occupant to permit the parking, storing or leaving of any abandoned vehicle upon such private property, unless such vehicle is within an enclosed building or structure. Division 130: Performance Standards Every use permitted by this ordinance shall be so established and maintained as to comply with the provisions of this section. The Council may require the owner or operator of a use permitted by this ordinance to provide such tests or investigations by an independent testing organization satisfactory to the Council as are necessary to show compliance with these standards. The cost of such investigation and tests shall be shared equally by the owner or operator and the City unless the results disclose non-compliance with these standards; in that event, the entire cost shall be borne by the owner or operator. This provision does not preclude the City from making any investigations and tests it finds appropriate to determine compliance with these standards. Division 135: On-Site Sewage Treatment Standards The installation and repair of individual on-site sewer systems shall be in compliance with Minnesota Pollution Control Agency Rules, Chapter 7080. A. Permit Required: No person shall install, repair, alter or pump an on- site sewer system without first obtaining a permit. Applications provided by the City must be completed in writing prior to issuance of a permit. Permit fees are established by resolution of the City Council. B. License Required: Installation, repair, pumping and hauling of private on-site sewer systems requires licensing per MPCA Rules, Chapter 7080. Section 135-010: Required Conditions. A. Soil percolation tests must be completed by a competent, independent tester and must be favorable for the operation of an on-site sewer system before a permit will be issued. Page 38 of 65 B. Soil percolation tests and scaled site location plans must be submitted for both primary and secondary (backup) treatment systems with the initial application. C. Installations, alteration, repairs and maintenance shall be performed in accordance with the latest Chapter 7080 Standards published by the Minnesota Pollution Control Agency. D. No private on-site sewer system shall be permitted on any site less than one (1) acre, subject to all conditions or exceptions noted in this Ordinance. Division 140: Nuisance Standards Section 140-010: Odors and Emissions. Odors and emissions from any use shall not exceed the regulations set forth by Minnesota Pollution Control Agency Rules. Section 140-020: Dust and Particulate. Dust and particulate matter from any use shall be in compliance with and regulated by Minnesota Pollution Control Agency Rules. Section 140-030: Noise and Vibrations. Noise and vibrations generated from any use shall be in compliance with and regulated by Minnesota Pollution Control Agency Rules. Section 140-040: Glare. Direct or reflected glare, such as from flood-lights, spotlights, or high temperature processes, and as differentiated from general illumination, shall not be visible beyond the site of origin at any property line. Any lights used for exterior illumination shall be directed away from adjacent properties. Section 140-050: Waste. All waste generated from any use shall be managed in compliance with and regulated by Minnesota Pollution Control Agency Rules. Waste generated on any premises shall be kept in containers designed for waste collection and stored in a structure or within an approved enclosed or screened area. The accumulation, storage, processing or disposal of waste, compost or recyclable materials on any premises, which is not generated on that premises, is prohibited, except as specifically provided in this Ordinance. Section 140-060: Smoke. Smoke shall be measured at the point of emission by using the Ringelman Smoke Chart published by the United States Bureau of Mines in Circular No. 7718. Smoke not darker or more opaque than No.1 on that chart may be emitted except that smoke not darker or more opaque than No.3 on the chart may be emitted for a period not longer than four minutes in any thirty minutes. These provisions. applicable to visible gray smoke of a different color but with an equivalent capacity. Section 140-070: Fumes or Gases. Fumes or gases shall not be emitted at any point in concentrations that are noxious, toxic, or corrosive. The values give in Table I (Industrial Page 39 of 65 Hygiene Standards - Maximum Allowable Concentration for eight (8) hour day, five (5) days per week), Table III (Odor Thresholds), Table IV (Concentrations of Substances Causing Pain in the Eyes), and Table V (Exposure to Substances Causing Damage to Vegetation) in the latest revision of Chapter 5 "Physiological Effects" that contains such tables, in the "Air Pollution Abatement Manual" published by the Manufacturing Chemists' Association, Inc., Washington, D.C., are hereby established as guides for the determination of permissible concentration and amounts. The City may require detailed plans for the elimination of fumes or gases before the issuance of a Building Permit. Section 140-080: Fire Hazards. Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate fire-fighting and fire prevention equipment and by such safety devices as are normally used in the handling of such materials. Such hazards shall be kept removed from adjacent activities to a distance which is compatible with the potential danger involved. Section 140-090: Air Pollution. Every activity shall conform to state regulations relating to air quality standards and air pollution control. Section 140-100: Radioactivity or Electrical Disturbance. No activity shall emit dangerous radioactivity at any point or any electrical disturbance adversely affecting the operation of any equipment at any point other than that of the creator of such disturbance. Section 140-110: Explosives. Any activity or operation requiring the use, storage or manufacturing of explosives shall be located no closer than five hundred (500) feet from any residence, provided further that the location of said activity or operation is such that damage from explosion, including flying debris, vibration or smoke, is limited to the site on which the activity or operation is permitted. Section 140-120: Burning. No person shall start or allow any open burning on any property in the City without first having obtained an Open Burn Permit. Any person setting a fire or burning anything in the City shall do so following City Fire Department, Department of Natural Resources and Minnesota Pollution Control Agency Rules. Recreational fires three (3) feet x three (3) feet are allowed. Recreational fires must be actively attended by a responsible adult. When the fire is abandoned it must be completely extinguished. Section 140-130: Bulk Storage. The storage of all bulk liquids, fuels, chemicals, and gases shall be in compliance with and regulated by Minnesota Pollution Control Agency Rules, Minnesota State Fire Marshal rules and the Minnesota State Building Code. Section 140-140: Outside Storage. All products, materials and equipment, except as specifically provided in this Ordinance, shall be stored within permitted structures, except for the following: Page 40 of 65 Residential Districts: A. Agricultural products, equipment and appurtenances owned by the owner of the property and used on the property on which they are kept; and B. All licensed and operational motor vehicles shall be parked on the permitted driveway area. Any non-licensed, non-operational vehicles must be stored in an enclosed structure; and C. A maximum of two (2) of the following units may be stored outside of a structure for more than forty-eight (48) hours on any residential parcel provided they are stored on the permitted driveway area or are in a side or rear yard. Maximum length of any of the items listed below will not exceed twenty-six (26) feet (overall length): 1 . Boat 2. Camper 3. Motor home 4. Snowmobile's 5. Personal watercraft 6. Personal Utility Trailer 7. Ice House 8. Small construction equipment D. Clothes lines, antennae, air conditioners, outdoor grills, play equipment, ornaments and monuments; and E. Temporary storage of materials and equipment during construction and landscaping. Commercial/Industrial Districts: Storage of products, materials and equipment, excluding rubbish or junk, which is necessary to an approved business operation in a Commercial or Industrial District, and which is completely screened from adjoining properties and rights-ot-way. The Site Plan Review process is required to determine the appropriateness for storage permitted in this Section, surfacing required for the storage area and the screening required. Outside display of vehicles, equipment and merchandise for direct sale to consumers when such outside display is customary and necessary to the trade and is a permitted use within the zoning district. The Site Plan Review process is required to determine-the appropriateness of the storage or display proposed, surfacing required for the display area and any additional landscaping or screening which may be required. Page 41 of65 Division 145: Surface Water Management Stormwater shall be managed in accordance with the City's Surface Water Management Plan, National Urban Runoff Program (NURP) standards for the design of new stormwater ponds and the Minnesota Pollution Control Agency's, Urban Best Management Practices, titled "Protecting Water Qualitv in Urban Areas". These standard shall be applied to the review of any proposed development occurring to reduce non-point source pollutant loadings in stormwater runoff. Existing natural drainageways , natural water storage or retention areas, and vegetated soil surfaces should be used to the greatest extent possible to store, filter and retain stormwater runoff before discharge occurs into any public waters. When natural features and vegetation are not available to handle stormwater runoff, constructed facilities such as diversions, settling basins, skimming devices, dikes, and manmade waterways and ponds may be used. Preference shall be given to designs using surface drainage, vegetation, and infiltration rather than buried pipes and manmade materials and facilities. Development should be planned and conducted in a manner that will minimize the extent of disturbed areas, runoff velocities, erosion potential, and reduce and delay runoff volumes. Division 150: Wetland Protection and Management In accordance with the Wetlands Conservation Act of 1991, the following regulations shall apply to wetland areas: A. Permanent natural buffer areas and appropriate erosion control measures be taken surrounding wetland areas to prevent sedimentation of the wetland; and B. Wetlands may not be drained or filled, wholly or partially, unless replaced by restoring or creating wetland areas of at least equal public value. Wetland encroachment must be guided by the following principles in descending order: 1. Avoiding the direct or indirect impact of the activity that may destroy or diminish the wetland; and 2. Minimizing the impact by limiting the degree or magnitude of the wetland activity and its implementation; and 3. Rectifying the impact by repairing, rehabilitating, or restoring the affected wetland environment; and Page 42 of 65 4. Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the activity; and 5. Replacing or providing substitute wetland resources or environments. Division 155: Woodland Preservation In residential areas, structures shall be located in such a manner that the maximum number of woodlands shall be preserved. If large numbers of trees are cut in residential areas, trees shall be replanted in a density and manner satisfactory to the City Council. Clear cutting of woodlands for non-agricultural purposes is prohibited, unless the action involves a utility or roadway, required by the public, and includes a reforestation plan required by the City Council. Division 160: Erosion and Sedimentation Control No land occupant or developer in the City shall cause or conduct any land disturbing activity which causes excessive erosion or sedimentation, or which results in damage to water or soil resources. All development in the City shall conform to the natural limitations presented by the topography and soil types in order to minimize soil erosion and sedimentation. Erosion and sedimentation controls shall be consistent with the MPCA's, "Best Management Practice". Land disturbing activities shall occur in increments of workable size such that adequate erosion and sediment controls can be provided throughout all phases of the development. The smallest practical area of land shall be exposed or otherwise disturbed at anyone period of time. Areas where natural vegetative barriers are not enough to contain erosion and sedimentation from penetrating water bodies, wetlands, water courses or neighboring properties shall be staked with silt fences and straw bales. Division 165: Landscaping Section 165-010: Minimum Quantities. All new development activities, including site modifications or use intensifications, shall be subject to landscaping improvements. The following table illustrates guidelines within each zoning district: Page 43 of 65 District Overstory Trees Foundation Plantings4 R-1 2 trees/unit/street frontage 1 none R-2, 4 & 5 2 trees/unit/open space exposure2 1/10 ft. building & parking area R-2A 8 trees plus 2 trees/unie 1/10 ft. building & parking area B-1 8 trees or 1/3000 sq. ft. site area5 1/10 ft. building & parking area C-2 8 trees or 1/3000 sq. ft. site area5 1/10 ft. building & parking area M-1 8 trees or 1/3000 sq. ft. site area5 1/10 ft. building & parking area 1-1 8 trees or 1/3000 sq. ft. site area5 1/10 ft. building & parking area P-1 8 trees or 1/3000 sq. ft. site area5 1/10 ft. building & parking area 1 Trees shall be deciduous and planted at the boulevard, except on cul-de-sacs where one of the required trees may be planted off the boulevard but in the front yard area. 2 Trees shall be deciduous. Unit exposures with street frontage shall be planted at the boulevard. 3 Tree spacing must include trees at the boulevard at minimum fifty (50) foot intervals. 4 The calculation for the number of foundation plantings is based upon one (1) planting for each lineal foot of building perimeter and parking lot perimeter. Plantings may be grouped rather than dispersed at ten (10) foot intervals. 5 The required number of trees is based upon a minimum of eight (8) trees or one (1) tree per three thousand (3000) square feet of site area, whichever is greater. Tree spacing must include trees at the boulevard at minimum fifty (50) foot intervals. Section 165-020: Minimum Standards. A. Overstory Trees: 1. Deciduous Trees: Two and one half (21/2) inch caliper planting size, balled and burlapped. 2. Coniferous Trees: Six (6) feet in height planting size, balled and burlapped. Page 44 of 65 B. Foundation Plantings: Coniferous and deciduous shrubs shall be planted at a minimum of one-third the mature spread and height of typical growth habits. C. Boulevard Trees: All boulevard trees shall be hardwood shade trees or flowering trees. D. Overstory Mix: When multiple quantities of overstory trees are required, at least seventy-five percent (75%) of the trees required shall be deciduous trees. E. Hardiness: All landscape materials proposed shall be consistent with Minnesota Hardiness Zones, whether indigenous or foreign. Plant species must all be tolerant to snow storage, exposure to salt and sun scald in parking areas. F. Diversification: In any development in which at least eight (8) overstory trees or foundation plantings are required, at least three (3) varieties of boulevard trees are required on each side of the block. G. Warranty: All required landscape materials shall be warranted for growth for a minimum of two (2) years after planting. Division 170: Off-Street Parking When a building is enlarged, off.street parking shall be required only with respect to the additional usable floor area. Parking spaces may be located on a lot other than that containing the principal use with the approval of the City Council. Section 170-010: Change in Facilities. An off-street parking area shall not be changed to any other use until equal facilities are provided elsewhere. No parking area used or designated in connection with a building in existence on the effective date of this ordinance shall be reduced to provide fewer than the minimum number of parking spaces required under this Ordinance. Section 170-020: Off-Street Parking and Loading Zones. No building shall be hereafter erected, substantially altered, or its use changed unless off-street parking and loading spaces have been provided in accordance with the provisions of this ordinance. The number of off-street parking spaces provided shall be at least the minimum number provided in the schedule contained in this Section. Section 170-030: Off-Street Loading. A loading space shall have minimum dimensions of not less than twelve (12) feet in width, fifty (50) feet in length, exclusive of driveways, aisles, and other circulation area. One (1) off-street loading space shall be provided and Page 45 of 65 maintained on the same lot for each commercial and industrial use requiring regular delivery of goods and having a modified gross floor area of more than ten thousand (10,000) square feet. One loading space shall be provided for each additional twenty-five thousand (25,000) square feet or fraction thereof. No off-street loading space shall be located in any yard adjoining any residential use. Required off-street loading space shall not be included as off-street parking space in computing required off-street parking space. Vehicles utilizing such loading space shall not project into the public right-of-way. Section 170-040: Fractional Space. When an application of the standards of this Ordinance with respect to number of off-street parking spaces results in the need to provide a fraction of one (1) space, any fraction of one-half (1/2) or less shall be disregarded and any other fraction shall be construed as one (1). Section 170-050: Uses Not Mentioned. For any use not specifically mentioned in the schedule of off-street parking and loading requirements, the number of spaces required shall be that required for that use named in the schedule which is determined by the Planning Commission to be most similar. Section 170-060: Spaces For Five or more Automobiles. Parking areas consisting of five or more off-street parking spaces shall have individual spaces so marked and shall be so designed, maintained and regulated that no parking or maneuvering incidental to parking shall be on any public street, walk, or alley and so that any vehicle may be parked and unparked without moving another. Section 170-070: Improvement and Maintenance. Required parking and loading spaces, together with driveways, aisles, and other circulation areas, shall be improved in such a way as to provide a durable and dust-free surface. All parking and loading areas shall provide for proper drainage of surface water to prevent the drainage of such water onto adjacent properties or walkways. The owner of any parking or loading area shall maintain the area in good condition without holes and free of all dust, trash, and other debris. Section 170-080: Access. All off-street parking areas shall have access from driveways rather than from public streets, said driveway access shall be limited to twenty-four (24) feet in width at the public street line. Division 175: Building Numbers Section 175-010: Numbers Required. It shall be the duty of the owner, leaser, or occupant of every house, industrial, commercial or other building to have proper house or building numbers either by affixing to said building such numbers in metal, glass, plastic or other durable material. The numbers shall not be less than six (6) inches in height, in a contrasting color to the base, and so placed to be easily seen from the street. Page 46 of 65 Section 175-020: Alternative Display. In those cases where the principal building is obscured from view from the street of address by accessory buildings, trees, shrubbery or other visual obstruction, the numbers shall be displayed from a permanent mounting on the property so that they are clearly visible from the street of address. Division 180: Sporting, Athletic, and Music Events Sporting, athletic, and music concert events, as defined herein, shall be permitted by Special Use Permit in the Residential Districts of the City of Centerville, subject to the following requirements: A. Sporting, athletic, or music events shall be defined as the conducting of such events by individuals, non-profit or profit organizations, partnerships or corporations wherein participants and/or patrons are charged an entry fee for the right to participate in such event and/or compete for monetary or merchandise prizes. Such events shall include, but not be limited to, softball, football, volleyball, broomball, ice or field hockey, tennis, basketball tournaments, or outdoor music concerts; and B. Such activities shall be considered a Special Use within all Residential Districts of the City and shall require a permit therefore. The City shall have the right to make provisions in such permit for insuring public health and sanitation, traffic regulation, noise and litter control and regulation on the number of events that may be conducted on a specific site. Division 185: Planned Unit Developments (PUDs) Section 185-010: Objectives. To help encourage a more creative approach to the use of land, departures from the Centerville Zoning Ordinance may be granted by the City Council in the form of Planned Unit Development Districts to achieve: Subd. 1: A maximum choice of living environments by allowing a variety of housing building types and permitting an increased density per acre and a reduction in lot dimensions, yard, building setbacks, and area requirements; and Subd. 2: A more useful pattern of open space and recreation areas and, if permitted as part of the project', more convenience in the location of accessory commercial uses and services; and Subd. 3: A development pattern which preserves and utilizes Page 47 of65 Subd. 4: Subd. 5: natural features, trees and other vegetation, and prevents the disruption of natural drainage patterns; and A more efficient use of land and a resulting substantial savings through shorter utilities and streets; and A development pattern in harmony with land use density; transportation facilities, and community facilities objectives of the comprehensive plan. Section 185-020: General Requirements. A special use permit shall be required of all Planned Unit Developments. The City may approve the PUD only if it finds the development satisfies all the following standards: Subd. 1: Subd. 2: Subd. 3: Subd. 4: Subd. 5: Subd. 6: The development shall be planned so that it is consistent with the Centerville Comprehensive Plan; and The PUD is an effective and unified treatment of the development possibilities on the project site and the development plan provides for the preservation of unique natural amenities such as streams, stream banks, wooded cover, rough terrain, and similar areas; and The planned unit development proposal appears to harmonize with both existing and proposed development in the area surrounding the project site; and The tract of land shall be under unified control at the time of application and scheduled to be developed as one unit. In addition, the development plan must include provisions for the preservation of natural amenities; and Each phase of the proposed development, as it is proposed to be completed, is of sufficient size, composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit, and that provision and construction of dwelling units and common open space are balanced and coordinated; and The PUD will not create an excessive burden on parks, Page 48 of 65 schools, streets, and other public facilities and utilities which serve or are proposed to serve the district; and Subd. 7: The proposed total development is designed in such a manner as to form a desirable and unified environment within its own boundaries; and Subd. 8: The plans required under this Section must be submitted in a form which will satisfy the requirements of Ordinance #8 for the preliminary and final plans; and Subd. 9: Permission to develop specific parcels of land under the provisions which follow shall be binding on all construction. Any change in the development plan after approval by the City Council shall be resubmitted for consideration; and Subd.10: Subdivision review under the Subdivision Ordinance shall be carried out simultaneously with the review of a PUD under this section of the Zoning Ordinance. Section 185-030: Uses Permitted. Permitted uses may include any combination of dwelling units in single-family, two-family, town or row houses; any non-residential use to the extent such non-residential use is designed and intended to serve the residents of the planned unit development; public or private education facilities; or other uses permitted in the Zoning District in which the planned unit development is located. When a PUD proposes a mixture of residential uses with commercial uses, the Council may limit the development of not more than ten percent (1 0%) of the tract to commercial uses. Section 185-040: Relationship of PUD Site to Adjacent Areas. The design of a PUD shall take into account the relationship of the site to the surrounding areas. The perimeter of the PUD shall be so designed as to minimize undesirable impact of the PUD on adjacent properties, and conversely, to minimize undesirable impact of adjacent land use and development characteristics on the PUD. Section 185-050: Minimum Size. A PUD shall consist of at least ten (10) acres. Section 185-060: Minimum Lot Size. The minimum lot size requirements of other sections of this Ordinance do not apply to a PUD except that the minimum lot size requirements of the underlying zone shall serve as a general guideline to determine the maximum dwelling unit density of the total development. Section 185-070: Setback and Side Yard Requirements. Notwithstanding other provisions of this article, setback and side yard requirements of lots in a PUD shall be at least equivalent to the spacing requirements of buildings similarly developed under the Page 49 of 65 terms of this ordinance on separate parcels. Section 185-080: Access to Public Right-ot-Way. The site of a PUD shall abut, and the major internal street or streets serving the PUD shall be connected to, at least one primary arterial, or neighborhood collector street. Section 185-090: Utility Requirements. Utilities, including telephone and electrical systems, installed within a PUD shall be placed underground. Utility appurtenances, which can be effectively screened, may be excepted from this requirement if the City finds that such exception will be consistent with the objectives of this article and the character of the proposed PUD. Section 185-100: Open Space. A minimum of twenty percent (20%) of the gross land area for private or public open air recreational use protected by covenants running with the land or by conveyances or dedicated as the Planning and Zoning Commission may specify shall be an integral part of the plan. Such Open Space areas shall not include land devoted to streets, parking and private yards. Whenever possible, common Open Space shall be linked to the Open Space areas of adjoining developments. Common Open Space shall be of such size, shape, character, and locations as to be usable for its proposed purpose. Section 185-110: Parking. Off-street parking and loading space shall be provided in each PUD in the same ratios for types of buildings and uses as required in the underlying Zoning District. Section 185-120: Arrangement ot Commercial Uses. When a PUD includes commercial uses, commercial buildings shall be planned as groups having common parking areas and common ingress and egress points. Each commercial area shall be separated from abutting residential areas by appropriate screens or fences. The design of commercial areas shall provide for the integrated and harmonious design of buildings and for adequate and properly arranged facilities for internal traffic, circulation, landscaping, and such other features and facilities as may be necessary to make the areas attractive and efficient from the standpoint of adjacent non-commercial areas. Any area which is not to be immediately improved or developed shall be landscaped or otherwise maintained in a neat and orderly manner as specified by the City. Section 185-130: Arrangement ot Industrial Uses. In any PUD including industrial uses, the industrial uses shall be provided in park-like surroundings utilizing landscaping and existing woodlands as buffers to screen lighting, parking areas, loading areas and outdoor storage of raw materials or products. An industrial area in a PUD shall provide for the harmonious design of buildings and a compact grouping in order to economize in the provisions of required utility services. Streets in a planned industrial area shall be kept to a minimum in order to reduce traffic. All spaces between the right-of-way line and the industrial building line and all intervening spaces between buildings, drives, parking areas, and improved areas shall be landscaped with trees and plantings and properly maintained. Page 50 of 65 Section 185-140: Procedure. Pre-Application Meeting. Before submitting a formal application for a PUD under 55.03, the developer shall meet with the Planning and Zoning Commission. The purpose of this meeting is to discuss early and informally the purpose and effect of this Ordinance and the criteria and standards contained in this Ordinance and to familiarize the developer with the City's Comprehensive Plan, including the land use plan, the major thoroughfare plan, and the parks and Open Space plan, and with the subdivision regulations and the drainage, sewer, and water systems of the City. Section 185-150: Application. An application for approval of a Preliminary Development Plan for a proposed PUD shall be made to the Planning and Zoning Commission, by at least one owner or lessee of property for which the PUD is proposed. The application shall be accompanied by a certified check or money order to cover the costs incurred in checking and processing such plans in an amount affixed by resolution of the City Council. The application with accompanying Outline Development Plan shall be submitted in twelve (12) copies and shall include: A. A vicinity map at a scale of one (1) inch equals two hundred fifty (250) feet showing property lines, existing streets, existing zoning, and such other items as the Planning and Zoning Commission may require to show the relationship of the proposed PUD to the Comprehensive Plan of the City, to existing schools and other community facilities and services, and to the surrounding area; and B. A preliminary plan of the PUD in schematic form showing the following: 1. The existing topographic character of the land; and 2. A composite of all natural amenities of the site including steep slopes, drainage ways plus marshes, ponds and lakes; and 3. The size of site and proposed uses of the land to be developed together with an identification of off-site land use; and 4. The density of land use to be allocated to the several parts of the development; and 5. The approximate location of thoroughfares; and 6. The location of common open space including Page 51 of65 public schools, parks and playgrounds or private natural preserves; and 7. The off-street parking system. C. A written statement including the following: 1. A statement of the ownership of all land involved in the PUD together with a summary of previous work experience; and 2. An explanation of the general character of the planned development; and 3. A statement describing the ultimate ownership and maintenance of all parts of the development including streets, structures and open spaces; and 4. A statement describing how all necessary governmental services will be provided to the development; and 5. The total anticipated population to occupy the PUD, with breakdowns indicating the number of school age children, adults and families. D. The proposed schedule for the development of the site. E. A statement setting forth the reasons why, in the opinion of the applicant, the PUD will be in the public interest and consistent with the objectives specified for PUDs by Section 51. Section 185-160: Actions. Subd. 1 By Commission. Within sixty (60) days of the filing of the application, the Planning and Zoning Commission shall hold a Public Hearing on the proposed PUD following written and published notice as required for amendments of the ordinance. Following such hearing and within sixty (60) days of the filing of the application or at a later time agreed to by the applicant, the Planning and Zoning Commission shall recommend approval or disapproval of the preliminary proposal with such changes and conditions as it may suggest and shall transmit its Page 52 of 65 recommendations to the City Council. In its recommendations the Commission shall determine whether the proposed PUD is consistent with the objectives for PUDs specified in Section 51 and with the Comprehensive Land Use Plan of the City; and whether the benefits, combination of various land uses, if proposed, and the inter-relationship with the land uses in the surrounding area justify the deviation from standard district regulations allowed by this ordinance for PUDs. Subd 2. By Council. Upon receipt of the recommendations of the Planning and Zoning Commission, the Council shall consider the application and, after holding such public hearing as it deems desirable, shall approve or disapprove the application with such changes or conditions, it any, as it may deem appropriate. Refusal of any changes or conditions shall constitute denial of the plans by the City Council. Failure of the land owner to notify the City Council of his acceptance or refusal of the modification to the plan constitute acceptance of these conditions. No Building Permits may be issued on land within the PUD until final plans for the development have been approved by the City Council under the procedures provided in the following sections. Section 185-170: PUD Agreement. The Zoning Administrator shall instruct the City Attorney to draw up a PUD Agreement which stipulates the specific terms and conditions approved by the City Council and accepted by the applicant. This agreement shall be signed by the Mayor of the City of Centerville, Clerk/Administrator and the applicant within thirty (30) days of the City Council approval of the PUD application and final plat. Where the PUD application and/or final plat is to be resubmitted or denied approval, the City Council action shall be by written report setting forth the reasons for its actions. Section 185-180: Final Review and Approval. An application for review and approval of the final development plan shall be filed by the applicant with the Planning and Zoning Commission within six months of the date on which approval of the preliminary plan was given by the Council. If application for final approval is not made within the time required, the proposal shall be considered abandoned unless an extension period is requested and granted by the City Council. Section 185-190: Documentation Required. The final application shall be accompanied by the following supporting documentation: A. A final plan of the PUD in schematic form including the following: 1. The street system, lot layout and off street Page 53 of 65 parking and loading plan; and 2. The use, height, bulk and approximate location of buildings and other structures; and 3. Land areas to be conveyed, dedicated or reserved for parks, parkways, playgrounds, school sites, public buildings, and similar public and semi-public uses; and 4. A site plan for each building site and common open area, showing approximate location of buildings, structures and improvements; and 5. Generalized elevations and perspectives of all structures; and 6. A site grading plan indicating the direction of flow of surface drainage and all easements necessary for both ponding and runoff; and 7. Plans, profiles, and specifications for the distribution of water, collection of sanitary waste and storm water; and 8. A landscape plan indicating the location, size and type of plant materials to be used; and 9. Plans, profiles, typical sections and specifications for proposed street improvements; and 10. The density of land use to be allocated to the several parts of the site being developed. B. A written statement including: 1. The approximate date when construction will begin by stage of development and the area of open space to be provided at each stage; and 2. Agreements, provisions or covenants' which govern the use, maintenance and continued protection of the development and any of its common open areas; and Page 54 of 65 3. Other conditions specifically required by the Commission and the Council for the particular PUD. Section 185-200: Action On Final Application. Procedure for action by the Planning and Zoning Commission and the Council on an application for review and approval of the final plan for a PUD shall be the same as prescribed by this article for the action on the preliminary proposal. In giving approval, the Council may specify the length of time within which construction of the project must be begun or be completed, and it may attach such other conditions as seem necessary. The final development plan shall be in general conformance with the preliminary development plan as approved. A. Criteria for Approval. The findings necessary for approval of both the preliminary and final development plans shall be based on the following and describe in what respect the plan would or would not be in the public interest. 1. The plan does not conflict with the Centerville Comprehensive Plan. 2. The plan is designed to form a desirable and unified development within its own boundaries. 3. The proposed uses will not be detrimental to present and future land use in the surrounding area. 4. Any exceptions to the standard requirements of the Zoning and Subdivision Ordinances are justified by the design of the development. 5. The plan will not create an excessive burden on parks, schools, streets, and other public facilities and utilities which serve or are proposed to serve the PUD. B. Non-Compliance. In the event the plan as submitted for final approval is not in substantial compliance with the preliminary development plan, the Planning and Zoning Commission shall notify the applicant within forty-five (45) days of the date of application, setting forth the ways in which the plan is not in substantial compliance. 1 . The applicant may treat such notification as denial of preliminary approval; or Page 55 of 65 2. The applicant may re-file his plan so that it does substantially comply with the outline development plan; or 3. The applicant may file a written request with the Planning and Zoning Commission that it hold a public hearing on his request for final approval. Any such hearing shall be held within thirty (30) days after the request for such hearing. Within forty-five (45) days of such hearing the Planning and Zoning Commission shall either grant or deny preliminary approval to the plan. C. Final Approval. The City Council shall review and approve the Final Development Plan if it is in substantial compliance with Preliminary Development Plan. Following this, the applicant shall record the Final Development Plan in the manner provided for recording subdivision plats. If the Final Development Plan is not in substantial compliance, the applicant shall be requested to repeat the procedures outlined for the Preliminary Development Plan. Section 185-210: Time Limit. If work on the PUD is not started within three months of the proposed schedule date after final approval has been granted, approval shall terminate unless an extension period is requested or granted by the City Council. Section 185-220: Annual Review. The Planning and Zoning Commission shall review all PUD Districts within the City at least once each year and shall make a report to the City Council on the status of the development in each of the PUD Districts. If the City Council finds that development has not occurred within a reasonable time after the original approval, the City Council may instruct the Planning and Zoning Commission to initiate rezoning to the original Zoning District by removing the PUD District from the Official Zoning Map. Section 185-230: Amendments. Amendments may be made in the approved final plan when they are shown to be required by changes in conditions that have occurred since the final plan was approved or by changes in the Development Policy of the City. A. Minor changes in the location, sitting, and height of buildings and structures may be authorized by the City Engineer if requested by engineering or other unforeseen circumstances. B. All other changes in use, rearrangement of lots, blocks, and open space, must be authorized by the City Council under procedures outlined for amendment of the Zoning Ordinance. Page 56 of 65 Section 185-240: Completion. Completion of the PUD shall be certified by the Planning and Zoning Commission on the Final Development Plan. Thereafter, the use of land and the construction, modification, or alteration of any buildings shall be governed by the approved Final Development Plan. Changes may be authorized only under the procedures provided below: A. Minor extension, alterations or modifications of existing structures may be authorized by the Planning and Zoning Commission if they are consistent with the intent and purpose of the final plan and do not increase the cube of any building or structure by more than ten (10) percent; and B. Changes in the use of common open space or the replacement of any building substantially destroyed which exceeds the intent and purposes of the Final Development Plan may be authorized only by amendment to the final development. Section 185-250: Site Improvements. At any time following the approval of a Development Stage Plan by the City Council, the applicant may, pursuant to the applicable codes of the City apply for, and the Zoning Administrator may issue, grading permits for the area within the PUD for which Development Stage Plan approval has been given. Section 185-260: Construction. The construction and provisions of all the common open spaces and public and recreational facilities which are shown on the Final Development Plan must proceed at the same phase as the construction of dwelling units. At least once every six (6) months following the approval of the Final Development Plan, the Zoning Administrator shall review all of the Building Permits issued for the planned development and examine the construction which has taken place on the site. If he/she shall find that the rate of construction of dwelling units is greater then the rate at which common open spaces and public and recreational facilities have been constructed and provided, he shall forward this information to the City Council, which may revoke the PUD Permit. Section 185-270: Maintenance of Common Open Space. All land shown on the Final Development Plan as common open space must be conveyed to homeowners association or similar organization for the maintenance of the planned development. The common open space must be conveyed to the homeowners association or similar organization subject to covenants to be approved by the City Council which restrict the common open space to the uses specified on the final development plan, and which provide for the maintenance of the common open space in a manner which assures its continuing use for its intended purpose. Section 185-280: Homeowners Association. If a homeowners association is created, the applicant shall submit plans at the time of final plan of development and documents which explain: Page 57 of 65 A. Ownership and membership requirements; and B. Articles of incorporation and bylaws; and C. Time at which the developer turns the association over to the homeowners; and D. Approximate monthly or yearly association fee for homeowners; and E. Specific listing of items owned in common including such items as roads, recreation facilities, parking common open space ground, and utilities. Division 190: Variances Standards The Planning Commission shall recommend a Variance and the Council shall order the issuance of such Variance only if it conforms to the following standards: A. Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and do not result from the actions of the petitioner; and B. Literal interpretation of the provisions of this Ordinance would deprive the petitioner of rights commonly enjoyed by other properties in the same district under the terms of this Ordinance; and C. Granting the Variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to other lands, structures, or buildings in the same district; and D. The proposed Variance will not impair an adequate supply of light and air to adjacent property, or unreasonably diminish or impair established property values within the surrounding area, or in any other respect impair the public health, safety, or welfare of the residents of the city; and E. Any person filing a petition requesting a variance or an amendment of the Zoning Ordinance rezoning property or changing regulations within any use district shall pay a fee according to the Schedule established by resolution of the City Council. The fee is payable at the time of filing a Petition and is not refundable. Page 58 of 65 Section 190-010: Board of Appeals and Adjustments. The Planning and Zoning Commission shall act as the Board of Appeals and Adjustments and shall have the power to hear and decide requests for the following: A. Interpretation: Hearing appeals where it is alleged that there is an error in a decision or judgment made by an Administrative Officer in the interpretation or enforcement of this Ordinance or in the interpretation of Zoning District boundaries; and B. Variances: Grant Variances from literal ordinance requirements in instances where strict enforcement would cause undue hardship because of circumstances unique to the individual property under construction. Section 190-020: Variance Procedures A. Applications provided by the City must be completed in writing prior to any consideration of Variance Petitions. Fees for Variances are established by resolution of the City Council. 8. The Board of Appeals and Adjustments may require the applicant to provide ten (10) copies of plans, maps, surveys, etc., as deemed necessary, to ensure proper review and consideration of variance petitions. C. After filing an application, the City Clerk shall set a date for a public hearing. Notice of the hearing shall be posted and published at least ten (10) days prior to the date of the hearing, and notice shall be mailed to each property owner within three hundred fifty (350) feet of the property to which the Variance relates. Defects in the notice or failure to notify individual property owners shall not validate the proceedings, provided a good faith effort was made to comply with these provisions. D. Upon the hearing request, the Board of Appeals and Adjustments shall either approve or deny the Variance and shall state the reasons for said action. Conditions for approval may be attached to any Variance granted. E. Upon receipt of the recommendations of the Commission, the Council shall hold whatever hearings it deems advisable and shall make its decision upon the request to grant the variance. In granting the Variance the Council may impose conditions which it considers necessary to meet the standards of this ordinance and to protect the best interests of the surrounding area and the city as a whole. Page 59 of 65 Violation of any such condition is a violation of this Ordinance. The Board of Appeals and City Council must find true the following, in the granting of a Variance from this Ordinance: 1. Granting a Variance will not adversely affect the public health, welfare and safety and will not be detrimental or injurious to property or improvements in the neighborhood; and 2. Strict interpretation or enforcement would result in a practical difficulty or unnecessary hardship that is not self created, that is inconsistent with the intent of this Ordinance and the Comprehensive Plan; and 3. There are exceptional or extraordinary circumstances or conditions applicable to the property, use or facilities that do not apply generally to other properties in the same district; and 4. There are exceptional or extraordinary circumstances or conditions applicable to the property, use or facilities that do not apply generally to other properties in the same district; and 4. Strict or literal interpretation would deprive the applicant of the use and enjoyment of his property in a manner similar to others in the same district; and 5. Granting of the variance will not allow a use which is otherwise not a permitted use in the Zoning District in question. F. A Variance granted but not used shall become void one (1) year after its effective date. G. No application for the same or essentially the same Variance shall be made within six (6) months of the date of denial. Page 60 of 65 Section 190-030: Variance Appeal Procedures. A. Within thirty (30) days of the action of the Board of Appeals and Adjustments, the applicant or an affected property owner may file an appeal to the City Council to the decision of the Board of Appeals and Adjustments. The City Council shall set a date for a public hearing, within forty-five (45) days of receipt of the appeal, to consider granting or denying the variance request. B. The City Council shall have the power and duty of hearing and deciding appeals where it is alleged that there is an error in any order, requirement, decision or determination made by the administrative officer, enforcement officer, or by the Planning and Zoning Commission in the administration or enforcement of this Ordinance. C. Procedure. An appeal for Administrative Review may be taken to the Council by any person, firm or corporation or any city officer, department, or agency affected by an adverse decision in the administration or enforcement of this Ordinance. Such an appeal shall be taken by filing a Notice of Appeal specifying the grounds thereof with the Zoning Administrator, and the Council within thirty (30) days after the decision. If the Appeal is not taken by the owner of the property which is the subject matter of the decision appealed from, the Notice shall not be so filed until after it has been served upon such owner either in person or by mail. The Zoning Administrator shall forthwith transmit to the Council all papers constituting the record upon which the action appealed from was taken. An Appeal for an Administrative Review or a Variance stays all proceedings, including criminal proceedings in furtherance of the action appealed from unless the Zoning Administrator certifies to the Council that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In that case the proceedings shall not be stayed otherwise than by a restraining order granted by a court of competent jurisdiction. The Council shall at its next regular meeting after the filing of an Appeal to it from a decision of the board set a date for hearing thereon, which shall be not later than sixty (60) days after the meeting. After hearing the oral or written views of all interested persons, the Council shall make its decision at the same meeting or at a specified future meeting thereof. The decision of the council may be appealed to the County District Court. Division 195: Interim Uses Section 195-010: Purpose. In addition to the purposes stated in Section 2 of this Ordinance, it is intended that the Interim Use Permit procedures allow flexibility in the use Page 61 of65 of land or structures in the City, when such uses are not permanent and when such uses meet appropriate conditions and performance standards that protect the public health, safety and welfare. Section 195-020: Application, Public Hearing, and Procedure. The application, public hearing, notice and procedure requirements for Interim Use Permits shall be the same as those for Amendments, as provided in Section 7.03 ofthis Ordinance. If a proposed interim use is not listed as a permitted interim use in this Ordinance, a text amendment to this Ordinance will be required before an Interim Use Permit may be considered. Section 195-030: Termination. All Interim Use Permits shall terminate on the happening of any of the following events, whichever first occurs: A. The date stated on the permit. B. Upon violation of the condition under which the permit was issued. C. Upon change in the City's zoning regulations that renders the use non-conforming. Section 195-040: Standards. The Interim Use must be allowed in the Zoning District where the property is located. The Interim Use must meet or exceed the performance standards set forth in this Ordinance and other applicable City Ordinances. The interim use must comply with the specific standards for the use identified in this Ordinance, and must comply with all conditions of approval, which shall be included in an interim use permit agreement. Section 195-050: Conditions. The City may attach conditions to approval of a permit to mitigate anticipated adverse impacts associated with the use, to ensure compliance with the standards of approval, to protect the value of other property, and to achieve the goals and objectives of the Comprehensive Plan. Division 200: Amendments A. Amendments to this ordinance may be initiated by the Planning and Zoning Commission, City Councilor by a petition of a landowner or other interested party. B. Applications provided by the City must be completed, in writing, prior to any consideration for an Amendment. Fees for zoning Amendments are established by resolution of the City Council. C. The City may require the applicant to provide plans, maps, surveys, etc., to ensure proper review and consideration of any proposed Amendment to the written provisions of this ordinance or Zoning Page 62 of 65 District Boundaries. D. After the filing of an application, or initiation by the City Council, the City Clerk shall set a date for a public hearing. Notice of the hearing shall be posted and published at least ten (10) days prior to the date of the hearing, and notice shall be mailed to each property owner within three hundred fifty (350) feet of the proposed Zoning District Boundary amendments. E. Upon hearing the request, the Planning and Zoning Commission shall recommend either approval or denial the proposed amendment and shall state the reasons of said action. F. Within thirty (30) days of the recommendation of the Planning and Zoning Commission, the City Council shall consider the recommendation of the Planning and Zoning Commission and shall approve, deny or modify the request to amend this Ordinance. Division 205: Special Use Permits Section 205-010: Procedure. A Special Use Permit may be issued in accordance with this Section for any use or purpose for which such permits are required or permitted by this ordinance. Application for a special use permit shall be made by the owner to the Planning Commission on a form prescribed by the Commission and accompanied by such other information as required by rules of the Commission. The Planning Commission may hold such hearings on the proposal to issue a special use permit as it considers necessary and it shall thereafter make such recommendations on the proposal to the Council as it deems advisable. Upon receipt of such recommendations, the Council shall hold whatever hearings it deems advisable and shall make its decision upon the proposal to grant a special use permit. Section 205-020: Standards. The Planning Commission shall recommend a Special Use Permit and the Council shall order the issuance of such permit only if it finds that such use at the proposed location will be consistent with the general and applicable specific objectives of the comprehensive plan and this Ordinance, will be harmonious and appropriate in the area, will not be hazardous or disturbing to neighboring uses, will not result in traffic congestion, and will not create excessive additional public expense. Section 205-030: Denial for Non-Compliance. If the Planning and Zoning Commission recommends denial of a Special Use Permit or the Council orders such denial, it shall include in its recommendations or determination findings as to the ways in which the proposed use does not comply with the standards required by this Ordinance. Section 205-040: Conditions. In recommending or approving any Special Use Permit, the Planning and Zoning Commission and the Council may impose conditions Page 63 of 65 which it considers necessary to meet the standards of this Ordinance and to protect the best interests of the surrounding area or the city as a whole. Violation of any such condition is a violation of this Ordinance. Section 205-050: Expiration. If substantial construction has not taken place within twelve (12) months after the date of a Special Use Permit, the permit is void except that on application, the Council, after receiving the recommendation of the Planning and Zoning Commission, may extend the permit for an additional period not to exceed six (6) months. A Special Use Permit authorizes only the Conditional Use specified in the permit and expires if, for any reason, the authorized use ceases for more than twelve (12) months. Section 205-060: Fees. Any person requesting a Special Use Permit shall pay a fee according to the Schedule established by resolution of the City Council. The fee is payable at the time of filing the application and is not refundable. Division 210: Enforcement and Violations The Zoning Administrator is directed by the City Council to enforce the provisions of this Ordinance and maintain all necessary records pertaining to this Ordinance including but not limited to Amendments, Variances, Complaints and Violations. Any person who violates or fails to comply with the provisions of this Ordinance shall be guilty of a misdemeanor and upon conviction may be punished to the maximum extent allowed by law. Each day a violation exists constitutes a separate offense. Section 210-010: Responsibility of City Clerk. Issue building permits and collect the fees as established by resolution of the City Council. A. Maintain permanent and current records pertaining to this Ordinance, including but not limited to; Maps, Amendments, Special Uses, Variances, Appeals, PUDs, and applications therefore. B. Receive, file, and forward applications for Appeals, Variances, Special Use Permits, or other action to the appropriate official bodies. C. Provide clerical assistance to the Board. Section 210-020: Responsibility of the Building Inspector. The Building Inspector shall be given the authority and responsibility to enforce all of the provisions of this ordinance and shall: A. Enforce the requirements of this Ordinance for Building and Occupancy Permits and issue or deny each application in accordance with the provisions of this Ordinance. B. Conduct inspections of buildings and the use of land to determine Page 64 of 65 compliance with the terms of this Ordinance. C. Make recommendations to the Council on the institution of appropriate actions or proceedings for enforcement of this Ordinance on Amendments, and on any other matters relating to the enforcement of this Ordinance. D. Enforcement Remedies. In case any building, structure, or land is, or is proposed to be erected, constructed, reconstructed, altered, converted, maintained or used in violation of this Ordinance, the City Council, in addition to other remedies, may institute in the name of Centerville any appropriate action or proceedings to prevent, restrain, correct or abate such building structure or land, or to prevent, in or about such premises, any act, conduct, business or use constituting a violation. Division 215: Fees and Licensing Fees and licensing provisions, affecting the administration and enforcement of this Ordinance, shall be established by resolution of the City Council. The City does require payment for its legal, planning and engineering expenses, resulting from the review of proposed actions in the City. The City Council may require full payment of fees and out of pocket expenses incurred in the review of proposed actions prior to taking final action. Division 220: Effective Date The effective date of this Ordinance shall be after its passage and publication according to law. Adopted by the Centerville City Council this of ,2000. , day Mayor Tom Wilharber City Clerk Published in the Quad Community Press on Page 65 of 65 ,. ~ "1J . CD ::0 ::0 ::0 ::0 ;p N I I ..... I I .f>. N . 0 C/) ..... ..... ..... 01 IV -" !! ~ "1J :;- () Q? )> ::0 ~ c:: Q. 0 (f) Q? c:: Z 0- X" !2: c:: 3 :j" :J :J (f) .., G> Ql CD !e. (C (C (C S" ~ (') Q. 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(J) . q q q q q q q q CD a III C'l ;>;" MEMO DATE: May 19,2000 TO : Honorable Mayor and Council FROM: Jim March RE : City Administrator Evaluation ......................................................................... I completed four years of service with the City of Centerville on May 20, 2000. It has been a great four years and I have enjoyed my job immensely. Mayor Wilharber asked me to provide the normal list of accomplishments from the last year and to place this item on the agenda. I do not feel that I can take credit for any accomplishment of the organization. It takes everyone working together as a team to make continual progress toward our goals. I have included the list of goals and objectives that were created during the beginning of 1999. I believe that we have accomplished more significant projects and community goals in this last year than in any other previous year. I give credit to a committed staff and dedicated Council for the accomplishments of the last year. I have also seen how much more productive a Council can be when the Council exists to work towards the betterment of the community and stays away from the in-fighting and politics that can often exist. Some of the notable events from the last year are as follows: · Water Interconnect is built and operational · A purchase agreement was accepted for a new public works facility · Center-Villa approved · Trail paved and connected to the Rice Creek Chain of Lakes Regional Park . Tri-City Police Department has been formed . Preliminary approval for Hunter's Crossing · $45,000 grant received for new equipment at Acorn Creek Park · Royal Oaks Industrial Park subdivision approved . Deer Pass approved · Apple Tree Center opened with the following new businesses: Jumpin' Java, Why USA, Centerville Dental, Laurie's Dance Studio, Hair Update and Tanning and Apple Academy · Sager's Liquor and Wise Guys Pizza opened . New signs were made for three parks . New public works employee was hired . Computers were networked · County Bank purchased land in the City for future building . Goetz Landscape built a new building . LaMotte Store purchased for rehabilitation . R+K Cafe and Insurance Agency opened downtown · Cooperative Trail Linkage Grant awarded in the amount of $7900 . Buechler Estates developed . Fete des Lacs revitalized, raised over $10,000 in private donations so far . Ballfields and soccer fields ready at LaMotte Park . Survived Y2K . Created first Community Skating Night . Created first Community Wide Bon-fire . Ordinance #4 nearly complete DATE: January 22, 1999 TO : Honorable Mayor and Council FROM: Jim March RE : Goals and Objectives Compilation MEMO ****************************************************** City Water/Interconnect Economic Development Public Works Facility Park Development Police Stability City and Resident Communication Council, Staff, Committee Communication Grant Submittals Computer Networking Youth New Watertower 21st Avenue Ordinance Review Downtown Revitalization/Design Team Y2K Contracts Environment Cedar Street Park = 44 = 33 29 = 22 21 = 20 19 = 17 13 = 10 = 9 = 8 8 7 5 3 = 3 3 * Note - On Theresa Brenner's goals list, communication had two components, so I split the points equally between the two communication categories (City-Resident, City-Staff-Committees ). ** Cedar Street Park and Park Development (maybe could be combined?) * * * Design Team Vision, Downtown Revitalization were grouped together ir 05/05/00 12:18l5l-:01-/02 NO:014 ! ! ~ Fax Transmission I Bcnestroo Rosene AncIer1l11 " ....ssocl.~f "'9"'"" 4 -..., , Dare: 05J05/00 From: Tom Peterson " , " To: Teresa Bender Our Pile No: 616-00-114 Paf/l. to FolloW: 1 Original Will Follow In Mall: Yes 0 No:8l Organization: City of Centervllle Fax Number: 651-429-8629 Subjecf: HUI1ters Crosiing Attached is the Assessment Summary sheet. which compares the propolld assessments to properties along Centerville Road, The left aide of the sheet shows the "front-foot" amount used in the report. while the right side presents an optional PeQulvalent lot" assesement. Beth total $153,376.00, but the equivalent, lot basis shifts more of the cost to Rick Carlson, The lower chart shows how the figure! were calculated fot the equivalent lot method. I faxed this to Rick Carlson on May 2, 2000. for him 10 review, He is not In favor of the higher assessment' on his property, and would rather negotiate wlth property owners who oppose their assessment. We plan to discuss this further at a meeting scheculed at City Hall on Monday, May e~ at 3:30 j:)M. I' I" I :1' Boneatroo, ROllne, Anderllk and A.ncel.te, www.bon..troo.com 2335 West Highway 3et St. Paul, MN 55113 + Phone 651..$315-460C... Fax: 651-636.' 311 I --~~ . m 05/05/00 12:18151 :02/02 NO:014 I'! "' ,; ,~ .~....,,~ CENTERVILLE HUNTERS CROSSING BRA FILE NO. 618-00-114 511/00 ,',I II ;:1 II 'I "i .' " I' ::' P.R f.EONT '09T (FAOM REPORTl PEA EQUIVAl.ENT LOI (OfTJ9~&Ll NAME SANI W.Nt. SI..V. TOTAL SANI. . W.M. SeRVo TOTAL Baratt $ $ $ 648.00 $ 648.00 . $ 648.00 $ 648.00 Henrich $ $ 3,160.00 $ 3.344,00 $ 6.50".00 $ 1.501.00 $ 3,344.00 S 4,B45.00 Greenwadt $ $ 3,180.00 S 3.344.00 $ 6,504.00 $ 1,601.00 $ 3,344.00 S 4,845.00 LL Park $ 3,109.00 $ , ,Bel6.00 $ $ 5,005.00 $ 3,003.00 $ $ J,003.oo , Woiak $ 8,:i!iO.QO $ S,056.00 $ 3,718.00 $ 17,124.00 $ 3,003.00 $ 3,778.00 $ 5.781.00 Baumann $ 10.3e2.oo $ 6.320.00 $ 1,526.00 $ 16,208.00 $ a,Doe.OO S 1,526.00 $ 7.532.00 Gorham $ 2,590.00 41 1,580.00 S $ 4,170.00 $ 3,003.00 $ $ 3.003.00 Vanderbeek $ 13,694.00 $ 6,353.00 $ 5.596.00 $ 27,643,00 $ 6,006.00 S 5,596.00 $ 11 ,602.00 Carlson $ 3S,045.00 $ 29,525,00 $ $ 67,570,00 $ "',116.00 $ $111.116.00 I. I'i ',,: ,"I TOTALS S 78,090.00 $ 59,050.00 S 18,236.00 S 153,378.00 . '35.140.00 S 11,234.00 $ 153,378.00 " PER L.OT ASSeSSMeNT: PER EQUIV.LENT LOT A8SI!BSM(~T NAME ADDRESS III.OTS EQU'V. LOTS ACFlES PEA LOT 8ERVJce TOTAL Berett 6953 ~ 0 0.36 S $ 648.00 S 648.00 Henrich 6Q4S , 0.5/11 0.33 $ 1,501.00 $ 3,344.00 $ 4.645.00 Gl'8enwadt 6937 , 0.50l 0.33 $ 1,501 .00 $ 3,344.00 $ 4,845.00 L.L. Park e907 1 1 NlA S 3.009.00(1) $ $ 3.003.00 WOlak 6925 , 1 0.4 S 3.00a.OO $ 3.776.00 $ 6.781.00 Baumann 6903 1 2 1.8~ S 6,006.00 S ',52El.OO S 7.532.00 Gorham 1 , N1A $ 3,*.00 $ $ 3.003.00 Vanderbeek 6892 , 2 2.5 $ 6,OCle.OO $ 5,596,00 $ 11,002.00 Carlaon 6756 37 37 NlA S 111,115.00 $ S 111,115.00 TOTAL 44 11:J1.140,OO . '1.23f.OO . 153,376.00 ~ ('l $153,376.00. S1a,23e.OO (services) = $135,140.00 $135.140,00/451015" $3,003.00 per lot , " ~ i (2)TNnk sanitary not being extetided !)eat property, only watermain , ~ i' i ,II /1, Ii' 'I !i Tsta6{isfied 1857 1880 Main Street . Centervi[[e, M'l{ 55038 (651) 429-3232 . :!a:t (651) 429-8629 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE NOTICE OF PUBLIC HEARING ON PROPOSED UTILITY AND STREET IMPROVEMENT ASSESSMENTS NOTICE IS HEREBY GIVEN, that the City Council of the City ofCenterville, Minnesota will meet on Wednesday, May 10,2000 at the Centerville City Hall, 1880 Main Street, in the Council Chambers beginning at 6:00 p.m. or shortly thereafter to conduct a public hearing on public improvement assessments for the properties identified as follows: PID# ADDRESS R23 31 22 32 0021 R23-31-22-32-0005 R23-31-22-32-0004 R23-31-22-32-0002 & R23-31-22-32-0019 R23-31-22-32-0018 R23-31-22-32-0013 R23-31-22-43-0001 R23-31-22-34-0002 R26-31-22-12-0005 6953 CClltcrvilie Road ( .A-c' ,,'. Ot-ls)i C't-'I1/J f::'c-/<,-d.fc 11/ af~.-I- ) 6945 Centerville Road 6939 Centerville Road 6907 LaMotte Drive (Laurie LaMotte Park) 6925 Centerville Road 6903 Centerville Road Country Ridge 6892 Centerville Road 6756 Centerville Road (Hunter's Crossing) The assessment roll is on file for public inspection at the City Clerk's Office. The total proposed assessments $153,376.00. Written comments will be considered at the meeting. No appeal may be taken as to the amount of the assessment unless a signed, written objection is filed with the City Clerk or Mayor prior to the end of the hearing. The City Council may upon such notice consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as deems advisable. An owner may appeal an assessment to district court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or Clerk ofthe City of Centerville within 30 days after the adoption of the assessment and filings such notice with the district court within ten days after service upon the Mayor or City Clerk. The City Hall is ADA accessible. Requests for hearing assisted devices or a sign language interpreter must be received before 4:00 p.m. April 28, 2000. All persons interested are invited to attend and to be heard, orally or in writing. You may call City Hall (651) 429-3232 if you have any questions. April 20, 2000 /s/ Teresa Bender, Clerkffreasurer abcdefghijk1mnopqrstuvwxyz Published in the Quad Community Press April 25, 2000 and May 2,2000 PRINTER'S AFFIDAVIT OF PtJBLICATION .~ AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE NOTICE OF PUBUC HEARING ON PROPOSED UTILITY AND STREET IMPROVEMENT ASSESSMENTS NOTICE IS HEREBY GIVEN, that the City Council of the City of Centerville, Minnesota will meet on Wednesday, May la, 2000 at the Centervllle City Hall, 1880 Main Street, in the Council Chambers beginning at 6.00 p.m. or shortly thereafter to conduct a public hearing on public improvement assessments for the prop- erties identified as follows: PI[)# ADDRESS R23-31-22-32-D021 6953 Cente{Ville Road R23-31-22-32-0005 6945 Centerville Road R23-31-22-32-D004 6939 Centerville Road R23-31-22-32-0002 & R23-31-22-32-0019 6907 laMotte Drive . (Laurie laMotte Park) R23-31-22-32-0018 6925 Centerville Road R23-31-22-32-0013 6903 Centerville Road R23-31-22-43-DOO1 Country Ridge R23-31-22-34-0002 6892 Centervllle Road R26-31-22-12-0005 6756 Centerville Road (Hunter's Crossing) The assessment roll Is on file lor public Inspection at the City Clerk's Office. The total proposed assessments $153,376.00. Written comments will be, considered at the meeling. No appeal may be taken 8S 10 the amount 01 the assessment unless a signed, written objec- tion is filed with the City Clerk or Mayor prior 10 the end of the hearing. The City Council may n such notice consider any objection to the unl of a proposed individual assessment at djourned meeting upon such further notice to the affected property owners as deems advisable. An owner may appeal an assessment to district court pursuant to Minnesota Statutes Section 429.081 by serving nolice of the appeal upon the Mayor or Clerk of the City of Cenlervilie wilhin 30 days after the adoption of the assessment and filing such notice with the district court within ten days after service upon the Mayor or City Clerk. The City Hall is ADA accessible. Requests for hearing assisted devices or a sign language Interpreter must be received before 4:00 p.m. April 28, 2000. All persons interested are invited to attend and to be heard, orally or in writing. You may cali City Hall (651) 429-3232 jf you have any questions. Aprll20,2000 Is/ Teresa Bender, ClerklTreasurer abcdefghijklmnopqrstuvwxyz Published in the Quad Community Press April 25 and May 2, 2000. STATE OF MINNESOTA) County of Ramsey ) ~ I, the publisher, or the publisher's designated agent, being duly sworn, on oath state that I am the publisher, or the publisher's d~signated agent and an employee of the newspaper lmown as The Quad Community Press, and that I have full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A02, 331A07, and other applicable laws, as amended. (B) The Printed CITY OF CENTERVILLE NOTICE OF PUBLIC HEARING which is attached was cut from the columns of said newspaper, and was printed and published once each week, for ~successive weeks; it was first published on TUESDAY ,the 25 day of A PH TT , ,20 00, and was thereafter printed and published on every TUESDAY to and including TUESDAY the~day of MAY ,2000 ; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abcdefghijkJmnopqrstuvwxyz BY: fJ ;!)J TITLE: Publisher Subscribed and sworn to before me on this~daY of MAY , 200 (l')'~1f'~ . ",,/:'~"~ ~> MATRICE SCHA.FERS NOT,\f1Y rJUEJUC - MINNESOTA ~ " ( ~...'i'.~' ':~;;;r1r1 f:xr'!re~ 1_~ ,1J ,r, .', 'N-diary Public, Ramsey Oounty;'Minn. My commission expires January 31,2005 n._.____..___..___..___n________nn_n______~I~J~~Q~1'lQ ~n_____.__.__._n'___h________'____________'___ (1) Lowest classified rate paid by commercial users for comparable ~~~ $ (2) Maximwn rate allowed by law for the above matter. (Line, word, or inch rate) $ (3) Rate ~tually charged for the above matter. (Line, word, or inch rate) $ 5. 70/INCH/PER WEEK (Une, word, or inch rate) en ..J .... ..J Z fE ~ ....Cl~ ZZO ~cnO: >eneno.. o:eno~ cs:Wo:.... ~enOW ~enenw ::)cs:c:o: en>w.... a:....en cs:ZO Z::)Z ~::I:cs: ::i ~ W _ a: ..J Q. i= ::) ..J cs: .... o .... enCl a:~ wen ....en ZO ::)0: ::I: 0 en W o :> a: OW cs:en o 0: W ..J ..J >a: O:WZ W...._ ....cs:cs: ffi:=~ o > 0: ~ffi z;: cs:w en en a: W Z := o o 0: W ..J ..J en> en 0: WW 0:.... OZ OW cs:0 Z o i= ..Je: wo: 00 0: en cs:w 0..0 000000000 0c!c!000000 crivvLri~criciMci VOOOC\lOI'-VE17 COLOLOO..-C\I..-CO EI7 (!) 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CO - o ~ o ~IOOOOO 000000 f-o""':Lricicri CO C')0l 1'-1'- cococo..-..- oi CO. ci ..:f ..- I'-I'-v 0 CO CO EI7 EI7 EI7 EI7 EI7 IV E E ::::I en - l/) o o -000000 CI:ooooo Q)eLriLriee ._ I'- OJ 0 I'- "<:t ~ ~M_O_r:"- Q)I'-COLOvLO CCOLO C') Q) OEl7E17E17E17fFr ---- ---- l/) ~~---- 2.- ~ c ~ C ::J Q) 2 ~~c 000 000 eerie ..-C')0l T""C\lCO c.jai..o "-T""C') co EI7 EI7 fFr Q) C) l/) -0 C a: cQ) .".. o :g [;.." l/):l5 C ~a:.~5 OcoOO APPENDIX B PRELIMINARY ASSESSMENT ROLL HUNTERS CROSSING UTILITY AND STREET IMPROVEMENTS SANITARY SEWER PARCEL PER LOT ASSESSABLE RATEJ TOTAL DESCRIPTION ASSESSMENT FOOTAGE FOOT ASSESSMENT 6953 $0.00 6945 $0.00 6937 $0.00 LAMOTTE PARK 60.00 $51.81 (1) $3,109,00 6925 160.00 51.81 $8,290.00 6903 200.00 51,81 $10,362.00 COUNTRY RIDGE 50.00 51.81 $2,590.00 6892 264.32 51.81 $13,694.00 6882 0 0 $0.00 HUNTERS CROSSING 38,045 N/A N/A $38,045.00 TOTAL 734.32 $76,090.00 (1)$38,0451734.32 = $51.81 per foot WATER MAIN PARCEL PER LOT ASSESSABLE RATEJ TOTAL DESCRIPTION ASSESSMENT FOOTAGE FOOT ASSESSMENT 6953 $31.60(2) 6945 100.00 31.60 $3,160.00 6937 100.00 31.60 $3,160.00 LAMOTTE PARK 60.00 31.60 $1,896.00 6925 160.00 31.60 $5,056.00 6903 200.00 31.60 $6,320.00 COUNTRY RIDGE 50.00 31.60 $1,580.00 6892 264.32 31.60 $8,353.00 6882 0 0 $0.00 HUNTERS CROSSING 29,525.00 N/A N/A $29,525.00 TOTAL 934.32 $59,050.00 (2)$29,525/934.32= $31.60 per foot TOTAL SERVICES SANITARY WATER ASSESSMENT 6953 $648.00 $648.00 6945 $3,344.00 $3,344.00 6937 $3,344.00 $3,344.00 6925 $434.00 $3,344.00 $3,778.00 6903 $434.00 $1,092.00 $1,526.00 6892 $2,525.00 $3,071.00 $5,596.00 6882 $0.00 $0.00 $0.00 TOTAL $3,393.00 $14,843.00 $18,236.00 CITY OF CENTERVILLE CITY COUNCIL MEETING April 26, 2000 6:00 p.m. I Not Approved I Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting on April 26, 2000, at City Hall, 1880 Main Street. PRESENT: Mayor Tom Wilharber Council Member Dick Travis Council Member Terry Sweeney Council Member Linda Broussard Vickers Council Member Mari Nelson ABSENT: None ST AFF: City Administrator, Jim March City Attorney, James Hoeft City Engineer, Tom Peterson 1. CALL TO ORDER Mayor Wilharber called the April 26, 2000 City Council meeting to order at 6:00 p.m PUBLIC HEARING (S) - None. Ill. APPEARANCES/A WARDS Citizen of the Year - Aimee Fairbrother Mayor Wilharber presented Aimee Fairbrother with the Citizen of the Year Award in recognition of her dedication., service, and outstanding contribution to the City of Centerville. He thanked Ms. Fairbrother for her many contributions to the community and as an employee. Ms. Fairbrother stated she appreciates the award but her greater award is the appreciation expressed by the children of the community in the parks, schools, and church. She stated it is an honor to received this award and thanked her husband for his help and assistance with the projects she is involved in, for their daughter.s support, as well as the support of her friends. Centerville Historical Preservation - Mary Capra Mayor Wilharber introduced Mary Capra who was a representative for the Centerville Historical Preservation Society. Page 1 of 12 Ms. Capra explained that the Lions contributed about $1,000 several years ago which has been used to gather a photograph display for the Council Chambers. She explained her involvement in historical preservation and advised that about $600 remains in the fund. Ms. Capra explained she provides history preservation talks to schools and civic organizations and during these presentations, she uses the photographs from the Council Chambers. She explained she would like to reproduce some of the photographs so they can be mounted on foam board for those presentations and to also place the photographs on CD. Ms. Capra stated Robert Thein is knowledgeable about genealogy and history of families, many from this area, and has offered to provide that information. However, there is no place for storage so they would like to purchase zip tapes to store that information. She stated if a computer were to become available in the future, she would appreciate it being made available for this use so others can retrieve the information. Mr. Thein has volunteered his assistance once per month at the City Hall to assist anyone interested in retrieving such information. She estimated the costs for these projects to be $280. Council Member Nelson asked if that cost includes reproduction of the Council Chamber photographs and placing them on CD. Ms. Capra answered affirmatively. Council Member Nelson asked if the costs will be funded from the Lion's contribution. Ms. Capra stated that is her request and advised there may be some additional cost for frames to match the current ones. Mayor Wilharber stated this is a small cost to pay for maintaining this type of history for Centerville residents. Motion by Mayor Wilharber, seconded by Council Member Nelson, to authorize the expenditure of $280 to $350 and to authorize the donation of any older computer to the Historical Association. All in favor. Motion carried unanimously IV. CONSIDERA TION OF MINUTES April 12. 2000 Council Meeting Minutes Mayor Wilharber requested a revision on Page 1 to correct spelling of Jerry F!!ust's name. Council Member Sweeney requested a correction to Page 3, sixth paragraph, to strike the first sentence. Motion by Council Member Broussard Vickers, seconded by Council Member Sweeney to approve the April 12, 2000 Council meetine; minutes as corrected above. All in favor. Motion carried unanimously. Page 2 of 12 IV. PAYMENT OF CLAIMS The City of Centerville April 13 through April 26. 2000 Council Member Nelson inquired regarding a computer upgrade. Mr. March advised it includes software and annual support services. Motion by Council Member Travis. seconded bv Council Member Nelson to approve the expenditures for the City from Aprill3. 2000 throueh April 26. 2000. All in favor. Motion carried unanimously. Centennial Fire District Expenses Motion by Council Member Nelson. seconded by Council Member Broussard Vickers to approve the Centennial Fire District expenditures. All in favor. Motion carried unanimously. Final Pay Estimate - Acorn Creek Mr. Peterson explained this is for Gerald Rehbein's Acorn Creek Addition from 1986 or 1987 for $25,616, mostly from retainage, wearcourse, and sidewalk on Revoir Street. Motion bv Council Member Broussard. seconded by Council Member Sweeney to approve the Final Pay Estimate for Acorn Creek in the amount of $25.616 to Rehbein. Inc. All in favor. Motion carried unanimously. V. SET AGENDA The following items were added to/removed from the agenda: . Add to Unfinished Business, #1. Lift Station No.2 Renovation Plans and Authorize Advertisement for Bids. . Remove from Consent Agenda, #1, Accept Resignation of Part-time Receptionist, for discussion (Mayor Wilharber). Motion by Council Member Travis. seconded by Council Member Sweeney to approve the aeenda with the cbanees indicated above. All in favor. Motion carried unanimously. VII. PETITIONS AND COMPLAINTS Tree Removal Complaint Mayor Wilharber reported he received a telephone call about removal of Christmas trees in Eagle Pass which the caller thought belonged in a common area. Mayor Wilharber stated he visited the site and found the area in question belonged to Swift Construction and they were spacing out trees and transplanting them Page 3 of 12 . . elsewhere on the site. He stated the police responded quickly which he appreciated. Mayor Wilharber stated he told the officer that the property belonged to Swift Construction and allowed the tree removal company to continue their work. Mr. March stated those trees were on an outlot and he has told the contractor to fill in the holes that were left behind when the trees were removed. Stop Sign Request - 73rd Street Elizabeth Larson (1882. 73rd Street) submitted a petition to the City for a stop sign in her neighborhood due to the rising flow of high-speed traffic on her street. Mr. March stated he talked with the Police Chief about updating the speed study with an unmarked squad car. The Police Chief stated they would do so and update the speed study for early morning and late afternoon hours. Mayor Wilharber stated he spoke with Mr. Rehbein of Rehbein Transit to address the concern of speeding busses. Mr. Rehbein asked them to report the bus numbers, time of day, and dates so he can narrow down the issue and respond. Council Member Nelson asked when that information will be received. Mr. March estimated by the next Council meeting. Council Member Travis asked if there are too many kids for a 30 mph zone, and if a stop sign may be needed even ifvehic1es are staying under 30 mph. Council Member Nelson suggested that be addressed once the report is received on the speed of traffic. Mr. March suggested that a police officer be invited to a meeting so they can respond. He noted the past indication that stop signs do not actually slow the speed oftraffic and, in some cases, can speed traffic. The Council agreed with the suggestion to invite a police officer to an upcoming Council meeting. Council Member Broussard Vickers stated if they are not recommending a stop sign installation, she would like to know why. Council Member Nelson stated she has visited the site and agrees cars speed through that area. Council Member Broussard Vickers stated she witnessed the same, that cars are impatient at 20 mph. . VIII. UNFINISHED BUSINESS Lift Station No.2 Renovation Plans and Authorize Advertisement for Bids Page 4 of 12 , . Mr. Peterson presented a new option, identified as Option A, that was added for a standard type of life station, similar to current lift stations in Centerville. He stated they will arrange the proposal packets to contain both options since they work just as well. He stated he thinks Option A may be less costly and less obtrusive visually. Mr. Peterson advised of the anticipated time table with the project to be considered at the May 24, 2000 Council meeting. Motion by Sweeney. seconded by Broussard Vickers to approve Lift Station No.2 plans and authorize advertisement for bids. Council Member Travis asked staff to invite the interceptor contractors to submit a bid since they are in the area. All in favor. Motion carried unanimously. IX. NEW BUSINESS Role of Economic Development Committee (ED C) Council Member Nelson stated she has received telephone calls from businesses who would like the Council to review the role of the EDC. She called several other businesses to obtain their opinion on what it should be and what they would like to see. She estimated there are 50 Centerville businesses and reported the following comments were received: . Frustration in dealing with the City when they wanted to build a building or an addition and the length of time the process takes due to tabling. They prefer something more "black and white" so it is known what the process is at the on start. . Beautification of the 20th A venue area, adding street lights and landscaping, since it may bring in new business to Centerville. . More TIF eligibility. . Meeting room availability for businesses to meet together. . The businesses did not feel they had a "voice" in the City. Council Member Travis stated he is the EDC liaison for the Council and agreed the issue of the exact role ofthe EDC was raised. He stated he was unable to answer that question but he believes the EDC is extremely busy and doing excellent work for the City. He stated some of that work is for the businesses in the City but most of the time it is for the good of the entire City. He asked if there is something else the EDC could be doing for businesses. Council Member Travis stated the EDC is open to suggestions and with the loss of the staff liaison, these issues may be brought to the forefront. Council Member Broussard Vickers asked why business owners did not attend an EDC meeting to voice those comments. She stated that using the EDC in a Commerce role may be easy to accomplish if they attend a meeting to discuss that issue. She suggested that the business owners be invited to a future EDC meeting Page 5 of12 for that purpose. She also suggested that when a new business comes to Centerville, the EDC place an ad welcoming them or they could periodically recognize existing businesses. Mayor Wilharber stated in a past newsletter an article was published on Eagle Trucking, which he thinks is of interest to Centerville's residents to keep them informed. Council Member Broussard Vickers stated most business professionals woul~ be willing to attend a meeting to talk about services they provide. Mayor Wilharber suggested that at the Business Appreciation Dinner, businesses be asked to introduce themselves and comment on what they would like to get from the EDC. Mr. March noted that Centerville is a small community so there can be frustration resulting when additions are already underway before they contact the City Hall and learn a permit is required. Mary Capra stated the EDC has changed in its membership and after the design team project and follow-up visits, there was some downtime used to reorganize. She agreed the EDC can evolve into a group that better serves the community businesses. She asked if the EDC should prepare some recommendations for Council consideration. Council Member Nelson asked the EDC to talk with businesses to determine what they are looking for and then the EDC can decide what they want to do and if they want to change their role. Ms. Capra commented on a State survey that was conducted and suggested that a similar survey be distributed at the upcoming Business Appreciation Dinner to gather additional input. Council Member Travis stated he is hearing negative comments toward the City Council at EDC meetings about issues considered by the Council such as a recent approval on a setback variance. Council Member Nelson stated she is thrilled with all the EDC has accomplished and contributed to Centerville. Mayor Wilharber stated that appreciation goes to all of the City's committees who contribute greatly. Resolution 00-09 - Business Subsidy Policy Mr. March indicated the City has to adopt a formal Business Subsidy Policy to stay in compliance with State law. He explained the Subsidy Policy was quite broad to meet the requirements of the new law. Mr. March noted the policy had to be Page 6 of 12 adopted in order to continue to offer tax increment financing and tax abatements as economic development tools. He stated this policy is being suggested by Ehlers and Associates. Mr. March noted the attendance of Rich Tuomi, Odyssey Lures, and reviewed his proposed project to construct a building. In 1997, a development contract for a pay-as-you-go TIF project was signed for Odyssey Lures but not executed by the developer. However, they now wish to execute the contract. Mr. Hoeft stated he reviewed the resolution and cover letter and found no issues. He stated he has not reviewed the updated development contract which is being reviewed by Kennedy & Graven on behalf ofthe City. He stated he reviewed the business subsidy policy which is in a general form and meets Statute requirements. Mr. Tuomi stated he talked with Shelly Aldrich regarding new computations so once those final numbers are known she will be advised and the contract can then be completed for review. He stated he has worked on this project for about two years, the bids have been received, plans reviewed, and they are set to go once this final piece is completed. Motion by Council Member Sweeney, seconded by Council Member Nelson to approve Resolution 00-09 re2ardin2 the Business Subsidy Policy. All in favor. Motion carried unanimoush'. Mr. March stated the attorney indicated since the dollar amounts are not being changed, only the dates, a new public hearing is not required to be held. Mr. Tuomi stated they would like to more forward immediately. Motion by Council Member Broussard Vickers, seconded by Council Member Travis to approve Resolution 00-10 authorizin2 Resolution. All in favor. Motion carried unanimously. Motion bv Council Member Nelson, seconded by Council Member Broussard Vickers to reaffirm approval of cont....act for private development between Centerville and Essex Holdin2s LLC alon2 with any ancillary documents bein2 the investment letter and promissory note. All in favor. Motion carried unanimoush'. Mr. Hoeft was excused from the meeting at 7:07 p.rn. Agreement for Residential Recycling Program Mr. March presented the agreement with Anoka County which requires Centerville to offer residential recycling in order to be eligible to acquire SCORE funding from the County. Page 7 of 12 Motion bv Council Member Broussard Vickers. seconded by Council Member Sweeney to approve the Residential Recyclin2 Pro2ram as submitted by Staff. All in favor. Motion carried unanimously. St. Genevieve's - Lawful Gambling Exemption It was noted that St. Genevieve's Church is requesting a gambling exemption from the State in regard to the gambling activities that occur at the annual chicken dinner. Motion bv Council Member Sweeney. seconded by Council Member Travis to approve St. Genevieve's Lawful Gamblin2 Exemption. All in favor. Motion carried unanimously. Tax Increment Financing Assistance - First Class Concrete Mr. March indicated First Class Concrete has requested tax increment financing to assist in the development of their proposed speculative office/warehouse building on 20th A venue. He stated they conducted soil borings and found they will need $75,000 to $100,000 in soil corrections. The building plans are complete but they do not know if the project is feasible due to the need for soil conditions. He stated he spoke with EWers about the possibility ofTIF eligibility and contacted the property owner to find out ifhe is interested in establishing the TIF district which generally costs about $5,000. Ehlers said the City could send a draft letter of intent which the property owner could show to finance agents to assist with obtaining financing. Council Member Sweeney a.;;ked why they are locating a speculative building on this site instead of across the street in the park where there are roads and utilities. Mr. March stated the applicant purchased the property on a contract for deed so they already have a substantial investment in the property. Council Member Nelson asked if that type of poor soil conditions qualifies them for TIF eligibility. Mr. March stated he did ask that question and learned the location of peat, wood, and poor soils is not considered a contaminated site, so the soil correction would be an economical consideration and result in additional costs. He reported a manufacturing business is interested in locating in this building if it is constructed. Mr. March asked if the Council is interested in establishing a TIF District and, if so, the amount of assistance that would be provided. He stated the Council may want to review engineering estimates for the soil correction. . Motion by Council Member Sweeney. seconded by Council Member Nelson to establish a tax increment district with Ehlers for First Class Concrete and authorize staff to provide a letter of intent to First Class Concrete. Page 8 of 12 Council Member Travis stated he would like to have the need for soil correction verified as well as the estimated costs. Mr. March explained there is a large range of assistance that would be provided and, at this point, it is not possible to determine that number. The letter of intent would indicate the Council is receptive to giving some level ofTIF but indicating no predetermined dollar amount. He explained that a district would not be established for assistance until the soil borings are examined and costs determined. All in favor. Motion carried unanimously. Bulk Water Fees Mr. March gave an overview of the request from the Rice Creek Chain of Lakes Regional Park to purchase water. He stated the City does not have a bulk water rate set at this time and staff recommends that the bulk fee be placed at $20 per load not exceeding 5,000 gallons per load. Mr. March added that additional charges of$3 per 1,000 gallons would be charged for loads exceeding 5,000 gallons. The water would be used for improvements being made in the park (compaction of soils, dust control, landscaping, etc). Council Member Broussard Vickers stated she would not support a contract arrangement so the City has the ability to stop the supply should there be a drought situation. Mr. March explained that a hydrant meter could be used to determine the amount of water being used. Council Member Travis suggested that a deposit be required for the meter so their usage can be deducted from the deposit when the meter is returned. Motion by Council Member Sweeney, seconded by Council Member Nelson to authorize the purchase of a metered 2ate valve and approve the Bulk Water Fees at $20 per 5,000 2allons with the ability to stop supplyin2 water should there be a drou2ht condition. All in favor. Motion carried unanimously. X. CONSENT AGENDA Accept Resignation of Part- Time Receptionist - Aimee Fairbrother Mayor Wilharber stated the EDC mentioned the need for a repla.cement for Aimee Fairbrother who has resigned and accepted a position with a neighboring city. Mr. March stated a replacement will be assigned so the EDC meetings are covered. Motion by Council Member Sweeney, seconded by Council Member Broussard Vickers to accept the resi2nation of part-time Receptionist, Aimee Fairbrother, with regret. All in favor. Motion carried unanimously. Page 9 of 12 One Step Increase to Step 7. Grade 9 for Public Works DirectorlBuilding Official - Paul Palzer Motion bv Council Member Broussard Vickers. seconded by Council Member Nelson. to increase to Step 7. Grade 9 for Public Works Director/BuildinlZ Official Paul Palzer. All in favor. Motion carried unanimously. XI. COMMITTEE REPORTS . Council Member Broussard Vickers reported on work by the Planning Commission on Ordinance No.4 which will be updated and available for an informational meeting next week. . Council Member Travis stated the Fire Steering Committee reviewed the Fire Department budget for 2001 which was ratified with a minimal increase so some contingency money was included. . Council Member Sweeney stated the Park and Recreation Committee received a request to construct a BMX bike track. He noted that Shoreview has put in a track by their Community Center which draws many users. He stated the Committee will look into insurance for such an activity since it may be better to be involved with providing a park than allowing the youth to construct their own. Council Member Nelson stated her support to research this option. Council Member Travis stated he suggested youth attend the Committee meeting to make this request due to his fear that someone would be hurt at the dirt track they constructed. He stated that he was asked by several kids why a park is not being provided for them (12-15 year olds) since parks are provided for younger children. He agreed there is a need for this type of park for Centerville's youth. Council Member Sweeney stated the Committee will look into insurance information and liabilities, he will raise this topic at the next meeting. Council Member Broussard Vickers commented on the Shoreview Community Center park which is staffed full time and users are required to wear protective gear. She stated that her concern will be insurance costs. Motion by Mavor Wilharber. seconded by Council Member Nelson to direct staff to research liability issues. location options. and insurance costs for such a BMX bike track. Motion carried unanimously. . Council Member Sweeney provided an update on the City Festival event, parade route, and carnival. He stated they also received an outstanding Page 10 of12 response from area businesses for donations. He thanked all who have donated funds and will be donating funds to assure this will be the best event yet. Mayor Wilharber noted that some residents have also provided contributions. XI. ADMINISTRATORS REPORT TIF Reporting Mr. March indicated he will be at the Manager's Conference and unable to attend the May 10, 2000, Council meeting. He stated he spoke with Ehlers and has documentation for the next TIF report. Mr. March advised that Ehlers has created software for TIF reporting and he would recommend they take over the TIF reports to avoid any possible communication problems. He stated Ehlers will also provide documents and reports on all of the previously established TIF districts. Mr. March stated the TIF process and procedures has become more complex and using Ehlers will ensure the correct process is followed. Paving Hockey Rink Proiect Mr. March stated the Park and Recreation Commission has addressed paving the hockey rink with asphalt or concrete ($18,000-$20,000) so it is easier to flood the hockey rink, reduces water loss, and provide a location for year round use including rollerblading and half-court basketball. He stated the street dance could also occur in a paved hockey rink. Council Member Travis stated there are a lot of good reasons to pave the rink. He stated he asked the youth who made the BMX dirt track why they don't use LaMotte Park, and they indicated it is too far away. Mayor Wilharber suggested staff determine a more exact cost estimate and how it could be funded. Council Member Broussard Vickers stated it may be possible to find volunteers to finish the concrete. Upcoming City Administrator Review Mayor Wilharber stated he had asked Mr. March to prepare a report on his accomplishments which can be considered during his review. Page 11 of 12 XIII. ADJOURNMENT Motion by Council Member Sweeney. seconded by Council Member Broussard Vickers to adiourn the April 26. 2000 Council Meetine: at 7:45 p.m. All in favor. Motion carried unanimously. Transcribed by: Carla Wirth, Recording Secretary TimeSaver Off Site Secretarial, Inc. Page 12 of12 . CAMAS CAMAS Minnesota, Inc. 2915 Waters Road Suite 105 Minnesota 55121 Telephone (651) 683-0600 Facsimile (651) 683-8108 Customer Service Center Ready Mix Concrete, Aggregate and Concrete Products (612) 423-2200 An AGGREGATE INDUSTRIES Company I (CRAIb e:,0l20v.JiC..:t.) of' CE.NltR.VILLt} LivE Ac.R.o,S5 TI-\E' SrCl.E'EI FRON\ ACotbJ PAe,. 1. 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Construction Aggregates Materials And Services MAY 4 20nO May 3, 2000 Mr. Jim March City Administrator City of Centerville 1880 Main Street Centerville, MN 55038 Re: Centerville Lift Station L-4 Improvements MCES Project 970800 Centerville, MN Dear Mr. March, Municipal Builders, Inc. requests on overweight permit for 9 tons per axle for receiving supplies to the new L-4 Lift Station. The permit would need to be from Main Street to 6990 Lamotte Drive October 1, 2000. Please feel free to contact the undersigned with any questions. Sincerely, t/J5&(~ Chris Sluiter Municipal Builders, Inc. 17125 Roanoke SCreec NW . Anoka, MN 55304 . Phone: 421-8790 FAX: 421-1028 .. May 5, 2000 To: Mayor Wilharber and Council Members Paul Palzer, Public Works Director/Building Official ~ From: Re: Tedd Peterson Probationary Review I am pleased to report to the Council that Tedd Peterson has demonstrated outstanding performance in his position during his six month training period. Tedd has always been willing to put forth extra effort in his position with the city and also with his volunteer efforts for the city. Tedd has fit well into the organization and will surely represent the city positively in the future. I would recommend to the Council that Tedd be appointed to a permanent regular employee status as of May 10, 2000. / CITY OF CENTERVILLE COMMUNITY ACTION NOTICE Complaint Number 20: Date Complaint Taken 5/3/001 Time I 11:03AMJ BY: PART I. BACKGROUND COMPLAINANT Last Name INavara I First Name IKevin Address 692611Pheasant Lane Phone # - work 1918-9662 I Phone # - home 1653-4268 ---.-.-.-----.-.-.-.-.---.-.-.-.-.-.-.-.-.-.-.-.-.-.---.-.-.-.-.-.-.-.-.-.-.-.-.-.- COMPLAINT INFORMATION ADDRESS: II i NAME (IF KNOWN): Phone II I Last First Junk Vehicle' Weeds 0 Animal c--o ; ! Noise o Other ~ Explain ------~ -- :Disagrees with the amount of trash bags in excess of the normal waste receptacle Waste Management has stated they \have picked up on 3/27 & 4/17/00 and does not believe he should be billed for excess bags placed curb-side. I i I I ! I ~_____._____________'_~_____~_____~_________._~___..______.,_________~__._______~--.l What type of Response is Required: Complainant Response Required 0 Immediate [J Time Permits [] Complaintant Informed ~ RESPONSE METHOD: r:~-------' ITeleph~ne ~~ Department Referred to: (Department) (EmplOyee) PART II. FOLLOW UP: Action TakenComplaintant was requested to contact Jennifer and contact me bacl<~--------~---~---l ul Completed L_-, Date of Action I _ 5/2/00 Person Contacting Complainant: M~r:-5a.-J Department: /ldm'A, Additional Information f***See attached ( . i ~--- -------1 I I i I ~ CITY OF CENTERVILLE PLANNING AND ZONING COMMISSION MAY 2, 2000 .-- Pursuant to due call and notice thereof, the Planning and Zoning Commission of the City of Centerville held its regularly scheduled meeting at City Hall, 1880 Main Street. ROLL CALL PRESENT: Chairperson Brian Hanson Commission Member AI LaMotte Commission Member Rob Sheppard Commission Member Ray DeVine Commission Member John McLean ABSENT: Commission Member Barry Brainard Commission Member David Kilian (arrived shortly after Roll Call) Staff members present: City Council liaison Linda Broussard Vickers * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CALL TO ORDER Chairperson Brian Hanson called the meeting to order at 6:37 p.m. The Chair acknowledged the arrival of Member Kilian. NEW BUSINESS None. OLD BUSINESS INFORMATIONAL MEETING - ORDINANCE #4 Lengthy discussion ensued and additional modifications were made to the presented Ordinance #4. Refining several items: Definitions (i.e., structural alterations, structures, front and back yard and the inclusion of satellite dishes); Division 140, Section 140-140: Residential Districts, B & C; removal of Division 75, Subd. 3; and the timely forwarding of the revised Ordinance #4 to Council for the Public Hearing on May 10,2000. Motion by Member De Vine. seconded by Member Kilian to forward the presented Ordinance #4. including the above stated modifications. to City Council for their Page) of2 consideration at the Public Hearing scheduled for May 10.2000. All in Favor. Motion Carried Unanimously. DISCUSSION ITEM(S) None. CONSIDERATION OF MINUTES Member DeVine stated that the minutes ofthe Commission's last meeting had not been completed, and he reported that staff apologized for its inability to present them in a timely manner and anticipated the completion of the April minutes prior to the next meeting. ADJOURNMENT Motion by Member Sheppard. seconded by Member DeVine to adjourn the Planning and Zoning meeting of May 2.2000. All in favor. Motion Carried Unanimously. The meeting was adjourned at 7:50 p.m. The next regularly scheduled meeting of the Planning and Zoning Commission will take place on June 6, 2000 at 6:30 p.m. in Council Chambers. Transcribed by Teresa Bender, City Staff Page 2 of2 CITY OF CENTERVILLE PLANNING AND ZONING COMMISSION APRIL 4, 2000 .-- Pursuant to due call and notice thereof, the Planning and Zoning Commission of the City ofCenterville held its regularly scheduled meeting at City Hall, 1880 Main Street. PRESENT: Commission Member Brian Hanson Commission Member AI LaMotte Commission Member Rob Sheppard Commission Member David Kilian Commission Member Ray De Vine Commission Member John McLean ABSENT: None Staff members present: City Council liaison Linda Broussard Vickers City Administrator * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CALL TO ORDER Chairperson Brian Hanson called the meeting to order at 6:35 p.m. NEW BUSINESS PUBLIC HEARINGS MUELLNER PROPERTIES - Special Use Permit Request (20th Avenue & Center Street) The Chair stated for the record that the applicants removed the Special Use Permit Request application for consideration. Mr. March noted that Mr. Carter (6913 Sumac Court) was in attendance and reiterated that appropriate notices had been forwarded to residents prior to the applicant's request to remove the application for consideration. Mr. Carter was invited to stay for the remainder of the meeting. DCS PROPERTIES. LLC - Variance Request (1695 Main Street) The Chair clarified that Members Sheppard and De Vine would be abstaining from the voting process due to their positions held on the Planning and Zoning Commission. Page I of 4 Member Rob Sheppard stated that the current structure has an attached cement stairway that extends approximately five (5) feet from the storefront and on the house side the concrete retaining wall and steps extend approximately nine (9) feet from the building. Currently, from curb to foundation of the front of the building there is twelve (12) feet. Subsequent to the site being surveyed and "pinned" at four (4) feet from the curb (80 feet "pinned it through.the building"). DCS Properties is requesting to put a six (6) foot porch with stairs protruding on the storefront. The porch itself would be six (6) feet from the curb and the stairs/steps would protrude (the bottom of the stairs) to four (4) feet from the curb. Mr. Sheppard stated that the house immediate to the side of the structure's steps are approximately three (3) to three and one balf(3 112) feet from the curb. The Commission questioned if the presented exterior renovation of the building was in conjunction with the architectural approval of the Downtown Revitalization Committee? Mr. Sheppard stated that at present, no criteria has been formalized; however, DCS Properties' plans support a ''western style" exterior which is one of several themes being discussed by the Committee. Mr. Sheppard expressed DCS Properties' desire to implement the renovations promptly. Mr. March reported that an informal presentation of the exterior was presented to the Downtown Revitalization Commission at their recent workshop. Discussion ensued regarding the need for handicap railings and accessibility that would apply with the current building code. Mr. Sheppard noted that the that the current renovation plans would comply with existing building codes and that there was a handicap accessible entrance in the back of the building. The committee discussed the property's current zoning as being Commercial/Industrial, Mixed Use, its zero setback and the need for a variance. Currently, there has not been a request to modifY zoning. Chairperson Hanson called for a motion to open the public hearing regarding DCS Properties, LLC - Variance Request (1695 Main Street) to hear public comment. Motion by Member Kilian. seconded by Member Brainard to open the public hearing regarding DCS Properties. LLC - Variance Request (1695 Main Street). All in favor. Motion carried unanimously. Mr. Bob Sherran (1691 Main Street) stated that he felt that the renovations would be a very attractive entrance to the City. Discussion ensued in regards to several other variances that are currently on hold requesting zero setbacks ( outbuildings). Discussion continued in regards to the applic~t's removal for consideration; however, at the time the requests were made they would have been denied. The Chair read several excerpts from Ordinance #4 referring to the criteria that must be met prior to granting a Variance. 1. Special conditions and circumstances exist which are peculiar to land, structure or building involved and do not result from the actions of petitioner. Page 2 of 4 2. Literal interpretation of the provisions of this Ordinance would deprive the petitioner of rights commonly enjoyed by other properties in the same district under the terms of this ordinance. 3. Granting the variance requested will not confer on the applicant and special privilege as denied by this ordinance or to other lands, structures or buildings in the same district. 4. The proposed variance will not impair an adequate supply of light in the air of the adjacent property, unreasonably diminish or impair- established property values within the surrounding area or in any other respect impair the public health, safety or welfare of the residents of the City. The Chair requested comment on each individual criterion. Brief comments took place that the property and existing building met the existing Ordinance #4 criteria for requesting a Variance and consensus was to approve DCS Properties' Variance request. Motion by Member Kilian. and seconded by Member Brainard to close the Public Hearing. Members De Vine and Sheppard Abstained. Motion carried. Motion by Chair Hanson.. and seconded by Member De Vine to open the Public Hearing for consideration of Richard S. Carlson & Associates request to Re-classifY the MUSA in regards to the Hunter's Crossing Addition. All in favor. Motion carried unanimously. Mr. March reported that the developer of Hunter's Crossing (Mr. Richard S. Carlson & Associates) is requesting that the property lying southward of LaMotte Park (previously owned Pracher and Bauman properties) be allowed to be developed in the year 2000 instead of the proposed 2001 development quadrant contained in the City's Comprehensive Plan. Mr. Carlson has proposed to provide the City with an additional $500/10t (37 lots) in Park Dedication Fees. Mr. March reiterated that the Commission's consideration of the MUSA Re-classification and any action made by same should be conditioned upon three other entity's approval besides the City's; the City of Lino Lakes, Anoka County and the Metropolitan Council. Mr. March also stated that Mr. Carlson must come before the Commission again to request Final Plat Approval. The Commission questioned if the City's Engineer and Mr. Palzer (Building OfficiallPublic Works) had reviewed the presented material. Mr. March stated that both had reviewed. Motion by Member De Vine. seconded by Chair Hanson to close the Public Hearing for consideration of Richard S. Carlson & Associates request to Re-classify the MUSA in regards to the Hunter's Crossing Addition. All in favor. Motion carried unanimously. Motion by Member De Vine. seconded by Member McLean to recommend approval and forward Richard S. Carlson & Associates request to Re-classify the MUSA (Amend the City's Comprehensive Plan) in regards to the Hunter's Crossing Development. contingent Page 3 of 4 to' JO to' ~~Rd 'y~lS hl!;) 'l~pU~g ~S~l~l hq P~!l:)stmll ",(Isno~ P~~:) uOHoW "lOA13J lJ! IIV .3U!1;;l;;lW ;}l{l wno~p~ 01 ;;lllO:we']l~W;}W Aq P;;lPUO:);}S "P.ImI!U.lH ~W;}W ,(q UO!lOW l.N3WNlIfl OrGY "P;;lP.m;) uOHoW "P;}~lsqV P~~.lH l~W;;lW "P~lU~;;lld!m s;;llnU!W iru!l;;l;;lW OOOZ; " L q:>.rnW ;}l{l ;;lAOldd~ OlOO!IT)I l~W~W ,(q P;}puo:);}S "p.rndd;;ll{S l~W;}W ,(q uOHoW S3l.IlNIW ~O NOll. 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IIV .UOHB1;;lP!SUO;) l!;}tp JOJ nounO;) 01 "IRAOlddu S,nounO;) .1;}W uodn PARK AND RECREATION COMMITTEE MEETING MINUTES May 3, 2000 Pursuant to due call and notice thereof, the Park and Recreation Committee of the City of Centerville did not hold its regularly scheduled meeting on May 3, 2000 at City Hall, 1880 Main Street due to a lack of a quorum. Respectfully Submitted, Jill Lien Staff Liaison Not Approved CENTERVILLE ECONOMIC DEVELOPMENT COMMITTEE REGULAR MEETING MINUTES APRIL 18, 2000 Pursuant to due call and notice thereof, the Centerville Economic Development Committee held their regularly scheduled meeting on April 18, 2000 at City Hall, 1880 Main Street. Present: EDC Chairperson Tim Rehbine Committee Member Mary Capra Committee Member Lori Dom Committee Member John Magill Committee Member Besty Scheller Council Member Dick Travis Staff: EDC/StaffLiaison Aimee Fairbrother Absent: Committee Member Paul Montain Committee Member Michelle Moser CALL TO ORDER Acting chairperson Magill called the regular scheduled EDC meeting to order at 7: 11 p.m. APPROVAL OF MINUTES Motion by Mr. Ma~iIl, seconded by Ms. Capra to approve the March 21, 2000, meetin2 minutes. All in favor. Motion carried unanimously. OLD BUSINESS City Theme (Historical) Mr. Magill feels the downtown business owners who have a direct impact are the key to revitalization in the downtown. Mr. Magill added that it is apparent revitalization is starting to happen on its own, and stated several residents have expressed positive comments about the changes. Mr. Montain was not present for the EDC meeting. EDC will discuss more on this agenda item after Mr. Montain meets with the downtown business owners about their future building plans in the downtown area. Mr. Montain is also working on coordinating costs on different elements of the revitalization. Ms. Scheller is willing to work with Mr. Montain on coordinating meetings \vith the downtown area business owners. Ms. Scheller has had experience serving as a Page 1 of 3 facilitator and would serve without opinion, to keep the revitalization moving. Ms. Capra stated Mr. Bob Thein would like to see Centerville develop a genealogy research center in Centerville. Mr. Thein is willing to give the City historical information he has collected over many years. Ms. Capra will be taking this item to Council to ask for their guidance and feeling related to this item. Star City Goals and Obiectives The committee will review the Star City Goals following the Business Appreciation Dinner at the May EDC meeting. Zonine; Ordinance Update The EDC is requesting a copy of the most recent Ordinance #4 draft, along with an outline of the changes brought forward thus far. The Economic Development Committee is interested in the changes to the Ordinance that affect area business. Chairperson Rehbine commented on the recent variance approval for the front porch of the old LaMotte Store. Mr. Rehbine wanted to point out that by approving this variance, we may run into difficulties implementing a sidewalk or lighting based on the remaining four feet. The variance also sets a "standard" for the other businesses in the downtown area, and questioned if the variance falls into the Design Team Vision. Mr. Rehbine's solution would be to build the steps protruding into the building, leaving a clear space in front ofthe building. The committee stressed that due to concerns of this nature, it is important to clarify in the Zoning Ordinance, 0-5 foot set backs, with an eight foot easement from the curb. Council Member Travis stated there was a formal Public Hearing on the variance, and added it was met without any opposition. Business Appreciation Dinner Mr. Rehbine will give a brief presentation on the Lino Lakes Chamber of Commerce as well as on the role ofEDC prior to the Mayor's presentation. Mayor Wilharber will present Lloyd Drilling with the 1999 Business of the Year Award along with recognizing the Citizen of the Year. Ms. Scheller will call the EDC members who will be bringing in items for the dinner one week prior to remind them of their responsibilities. NEW BUSINESS Staff Liaison Vacancy The EDC requests the appointment of a replacement for Ms. Fairbrother. The committee feels the liaison is extremely important to the vitality of the committee. Page 2 of 3 ~., RoTes of the EDe Ms. Capra has spoken to Council Member Nelson who has placed "Roles of the EDC" on the 'I' April 26th City Council agenda. Council Member Nelson would like to review the current roles ofthe EDC along with learning more about the committee. Mr. Magill stated it is a great idea to re-evaluate the EDC roles. The committee would like to continue meeting on a monthly basis. ADJOURNMENT Motion to adjourn at 8:37 p.m. was made by Mr. Ma~i11 seconded by Ms. Dorn. Motion carried unanimously. Respectfully Submitted,. Lfl-i,!1W -fm~ Aimee Fairbrother ' EDC/StaffLiaison Page 3 of 3