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HomeMy WebLinkAbout2004-12-07 P & Z Packet tervi{{e 'LstaNis(wi 1857 PLANNING AND ZONING COMMISSION MEETING AGENDA TUESDAY, DECEMBER 7,2004 6:30 p.m. I. CALL TO ORDER 1. Roll Call ll. APPEARANCES/PRESENTA TION(S) 1. Oath of Office - Mr. Thomas Wood 2. Oath of Office - Mr. Bob Wright ID. PUBLIC HEARING (S) 1. Consideration of Rezoning 6903 Centerville Road & PIN #R23-31-22-32-0023 from R-1 to R-2 2. Proposed Amendments to Ordinance #76 - Adopting the Minnesota State Building Code IV. OLD BUSINESS 1. Ordinance #79 - Erosion & Sedimentation Ordinance (Tabled from Previous Meeting) 2. Ordinance #30 - Sanitary Sewer (Tabled from Previous Meeting) ll. NEW BUSINESS 3. Council/Committee/Staff 2005 Achievements ID. DISCUSSION ITEMS IV. CONSIDERATION OF MINUTES 1. November 1, 2004 Planning and Zoning Meeting Minutes v. ADJOURNMENT tervi{{e CUtafj{islied 1857 1880 9vlain Street . Centerviffe, 'M:N 55038 (651) 429-3232 . Pa:((651) 429-8629 State of Jlinnesota COJlllhl of AKsu :[ d/i'omas ~ocf, clO solemnly SU"ear that :[ mil support the T;onstitution of the Uniteet~tates ana of the ~tate of :Jlinnesota, ana faitlifulfy dtscharse the auties of tli'e office of tli'e tPranni1l!j & Zonins T;ommission (tf5 &: Z) of the T;ity ofT;entervlffe in the T;oun~ of :;J{noka anet ~tate of :Jlinnesota, to the /iest of my juc{jment ana a/iill~. Subscribed and sworn to before me this 7th day of December, 2004. Thomas Wood Terry Sweeney, Mayor Teresa Bender, Co-Interim City Administrator tervi{{e 1:,staG{islied 1857 1880 :Main Street . CentervifCe, :M:N 55038 (651) 429-3232 . Pa:{(651) 429-8629 State of .Minnesota C8J1l1hj ., AII.1Ia :f Jjoli ~ 1Jli't , cl(, solemnly swear that :f will suJ'J'ort the T;onstitution if the Unitea~tates anet if the ~tate if ;;({innesota, ana faitlifulfy c!1scharJe the auties if the office if the tPionnin:J ! Zonin:; "Commission (:J5! 2) if the T;i~ if "Centerville in the T;oun~ if ;?[noka ancC ~tate if :;{linnesota, to the Fiest if my jucljment ana a/iility_ Subscribed and sworn to before me this 7th day of December, 2004. Bob Wright Terry Sweeney, Mayor Teresa Bender, Co-Interim City Administrator Me~~ .:- .......t!J.!v. . '; TO: Chairperson Hanson and Commissioners FROM: Teresa Bender, City Clerk SUBJECT: Consideration of Rezoning 6903 Centerville Road & PIN #R23-31-22-32- 0023 from R-l to R-2 DATE: December 3, 2004 These two (2) parcels/properties were missed previously. This IS correcting non- conformity due to improper/outdated zoning. . .tervi[{e 'Esta6{isfied lS57 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE NOTICE OF PUBLIC HEARING REZONE FOR THE FOLLOWING PIN #'S R23-31-22-32-0023 - (6903 Centerville Road) R26-31-22-22-0001- (Owner - Mr. & Mrs. Robert Koran) FROM R-l (RURAL RESIDENTIAL) TO R-2 (SINGLE FAMILY RESIDENTIAL) THE CITY ZONING MAP CURRENTLY HAS THIS PROPERTY ZONED AS R- 1 (RURAL RESIDENTIAL) AND IS CONSIDERED NON-CONFORMING BECAUSE IT IS LESS THAN THE REQUIRED 10 ACRE MINIMUM PUBLIC HEARINGS WILL BE HELD BEFORE THE PLANNING AND ZONING COMMISSION AND CITY COUNCIL ON DECEMBER 7, 2004 AND DECEMBER 8, 2004 AT 6:30 P.M. (RESPECTIVELY) NOTICE IS HEREBY GIVEN, that the Planning and Zoning Commission and City Council of the City of Centerville will consider the requested rezone corrections as stated above. The parcels are less than the required 10 acre minimum and are zoned R-l (Rural Residential). The meetings are scheduled for Tuesday, December 7 2004 and Wednesday, December 8, 2004, respectively at 6:30 p.m. or shortly thereafter. The purpose of the meeting is to ascertain public input regarding the above request and the possibility of granting the rezone as requested. Both public hearings will be held in Council Chambers located at 1880 Main Street, Centerville, Minnesota 55038. The City Hall is ADA accessible. Requests for hearing assisted devices or a sign language interpreter must be received before 4:00 p.m. December 3, 2004. All persons interested are invited to attend and to be heard. You may contact the City Clerk's office at (651) 429-3232 or by facsimile (651) 429- 8629 if you need additional information. If you desire, you may email: tbender@centervillemn.com with questions or concerns. This notice is also available on the City's web site: www.centervillemn.com. 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The State did adopt, as an option for jurisdictions, the Appendix "K" chapter from the 2002 supplement to the 2000 mc code. The Appendix "K" covers very general grading requirements which are less restrictive then the previous chapter 33 grading provisions of the 1997 Uniform Building Code. The Chapter 1335, Floodproofing Regulations, parts 1335.0600 to 1335.1200 also fit into this category. I recommend that the City amend Ordinance #76 as presented so that we may continue to issue grading permits and provide some minimal regulation of grading activities within the City. tervi[[e 'Estab[isfiecf 1857 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE NOTICE OF PUBLIC HEARING PROPOSED LANGUAGE AMENDMENT TO ORDINANCE #76 (AN ORDINANCE ADOPTING THE MINNESOTA STATE BlJaDING CODE, THIS ORDINANCE PROVIDES FOR THE APPLICATION, ADMINISTRATION, AND ENFORCEMENT OF THE MINNESOTA STATE BlJaDING CODE BY REGULATING THE ERECTION, CONSTRUCTION, ENLARGEMENT, ALTERATION, REPAIR, MOVING, REMOVAL, DEMOLmON, CONVERSION, OCCUPANCY, EQUIPMENT, USE, HEIGHT, AREA, AND MAINTENANCE OF ALL BUILDINGS AND/OR STRUCTURES IN THIS MUNICIPALITY; PROVIDES FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREOF; PROVIDES PENALTIES FOR VIOLATION THEREOF; REPEALS ALL ORDINANCES, (#4- D) AND PARTS OF ORDINANCES THAT CONFLICT THEREWITH, TillS ORDINANCE SHALL PERPETUALLY INCLUDE THE MOST CURRENT EDITION OF THE MINNESOTA STATE BUILDING CODE WITH THE EXCEPTION OF THE OPTIONAL APPENDIX CHAPTERS, OPTIONAL APPENDIX CHAPTERS SHALL NOT APPLY UNLESS SPECIFICALLY ADOPTED) NOTICE IS HEREBY GIVEN, that the Planning & Zoning Commission and the City Council of the City ofCenterville will consider amending Ordinance #76 to contain pew language as follows: This municipality adopts Minnesota Rules; Chapter 1335, Floodproofing Regulations, parts 1335.0600 to 1335.1200 and Appendix Chapter K (Grading), of the 2002 Supplement to the 2000 International Building Code. The meetings will be held on Tuesday, December 7, 2004 & Wednesday, December 8, 2004 commencing at 6:30 p.m. or shortly thereafter. The meetings will be held in Council Chambers at City Hall, 1880 Main Street, Centerville, Minnesota 55038 All persons interested are invited to attend and to be heard verbally or in writing. You may contact the City Clerk's office at (651) 429-3232 or by facsimile (651) 429-8629 if you need additional information. If you desire, you may e-mail: tbender@centervillemn.com with questions or concerns. This notice is also available on the City's web site: www.centervillemn.com. City Hall is ADA accessible. Requests for hearing assisted devices or a sign language interpreter must be received prior to 4:00 p.m., December 3,2004. November 17, 2004 Teresa Bender, City Clerk Published in the Quad Community Press November 23 and November 30,2004 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVlLLE ORDINANCE #76 AN ORDINANCE ADOPTING THE MINNESOTA STATE BUILDING CODE, THIS ORDINANCE: PROVIDES FOR THE APPLICATION, ADMINISTRATION, AND ENFORCEMENT OF THE MINNESOTA STATE BUILDING CODE BY REGULATING THE ERECTION, CONSTRUCTION, ENLARGEMENT, ALTERATION, REPAIR, MOVING, REMOVAL, DEMOLmON, CONVERSION, OCCUPANCY, EQUIPMENT, USE, HEIGHT, AREA, AND MAINTENANCE OF ALL BUILDINGS AND/OR STRUCTURES IN THIS MUNICIPALITY; PROVIDES FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREOF; PROVIDES PENALTIES FOR VIOLATION THEREOF; REPEALS ALL ORDINANCES, (#4-D) AND PARTS OF ORDINANCES THAT CONFLICT THEREWITH, THIS ORDINANCE SHALL PERPETUALLY INCLUDE THE MOST CURRENT EDITION OF THE MINNESOTA STATE BUILDING CODE WITH THE EXCEPTION OF THE OPTIONAL APPENDIX CHAPTERS, OPTIONAL APPENDIX CHAPTERS SHALL NOT APPLY UNLESS SPECIFICALLY ADOPTED. The City Council of the City of Centerville, Minnesota, does ordain: SECTION I. CODES ADOPTED BY REFERENCE. The Minnesota State Building Code, as adopted by the Commissioner of Administration pursuant to Minnesota Statutes Chapter 16B.59 to 16B.75, including all of the amendments, rules and regulations established, adopted and published from time to time by the Minnesota Commissioner of Administration, through the Building Codes and Standards Division is hereby adopted by reference with the exception of the optional chapters, unless specifically adopted in this ordinance. The Minnesota State Building Code is hereby incorporated in this ordinance as if fully set out herein. SECTION 2. APPLICATION, ADMINISTRATION AND ENFORCEMENT. The application, administration, and enforcement of the code shall be in accordance with the Minnesota State Building Code. The code shall be enforced within the extraterritorial limits permitted by Minnesota Statutes, 16B.62, Subdivision I, when so established by this ordinance. This code shall be enforced by the Minnesota Certified Building Official designated by the City of Centerville to administer the code (Minnesota Statute 16B. 65), Subdivision I. SECTION 3. PERMITS AND FEES. The issuance of permits and the collection of fees shall be as authorized in Minnesota Statutes, 16B.62, Subdivision 1. Permit fees shall be assessed for work governed by this code in accordance with the Schedule Resolution adopted by the City of Centerville on an annual basis. In addition, a surcharge fee shall be collected on all permits issued for work governed by this code in accordance with Minnesota Statute 16B.70. SECTION 4. VIOLATIONS AND PENALTIES. A violation of the code is a misdemeanor (Minnesota Statutes 16B.69) and Minnesota Rules, Chapter 1300. SECTION 5. BUILDING CODE OPTIONAL CHAPTERS. The Minnesota State Building Code, established pursuant to Minnesota Statutes 16B.59 to 16B.75 is hereby adopted as the building code for the City ofCenterville. The code is hereby incorporated in this ordinance as if fully set out herein. a. The Minnesota State Building Code includes the following chapters of Minnesota Rules: 1. Chapter 1300, Administration of the Minnesota State Building Code; 2. Chapter 1301, Building Official Certification; 3. Chapter 1302, State Building Code Construction Approvals; 4. Chapter 1303, Minnesota Provisions; 5. Chapter 1305, Adoption of the 2000 International Building Code 6. Chapter 1306, Special Fire Protection Systems; 7. Chapter 1307, Elevators and Related Devices; 8. Chapter 1309, Adoption of the 2000 International Residential Guide; 9. Chapter 1311, Adoption of the 2002 Guidelines for the Rehabilitation of Existing Buildings; 10. Chapter 1315, Adoption of the 2002 National Electrical Code; 11. Chapter 1325, Solar Energy Systems; 12. Chapter 1330, Fallout Shelters; 13. Chapter 1335, Floodproofing Regulations; 14. Chapter 1341, Minnesota Accessibility Code; 15. Chapter 1346, Adoption of the Minnesota State Mechanical Code; 16. Chapter 1350, Manufactured Homes; 17. Chapter 1360, Prefabricated Structures; 18. Chapter 13 61, Industria1ized/Modular Buildings; 19. Chapter 1370, Storm Shelters (Manufactured Home Parks); 20. Chapter 4715, Minnesota Plumbing Code; 21. Chapters 7670, 7672, 7674 and 7678, Minnesota Energy Code The following optional provisions identified in the most current edition of the State Building Code are hereby adopted and incorporated as part of the building code for the City of Centerville, Minnesota State Statute 1306, 1306.0020 Subpart 2, and 1306.0030 Item E, Option #1. This municipality also adopts Minnesota Rules: Chapter 1335. Floodproofing Regulations. parts 1335.0600 to 1335.1200 and Appendix Chapter K (Grading). of the 2002 Supplement to the 2000 International Building Code. Adopted by the Centerville City Council this 11th day of June, 2003. (Signature on File) Mayor, Terry Sweeney (Signature on File) City Clerk, Teresa Bender Published in the Quad Community Press on July 15, 2003 Planning & Zoning Commission February 3, 2004 Meeting Minutes There was consent to make the language corrections as proposed. The Commission also asked Staff to look into whether Hugo and Lino Lakes are considering banning snowmobiles from City streets because Centerville would consider doing the same. 2. Draft Ordinance #79 Erosion and Sediment Ms. Moore-Sykes indicated that this ordinance is required as a part of the NPDES. The Commission asked Staff to work on the wording to make it as understandable as possible. Motion by Commissioner Lakso. seconded by Commissioner Wilharber to Table to the Next Meetim!. All in favor. Motion carried unanimously. Acceptance of Ray DeVine's Resignation Council already accepted the resignation. 4. Rescheduling of March 2. 2004 Regularly Scheduled Meeting to February 17. 2004 Due to Caucuses The Commission agreed to reschedule the March meeting to February 17, 2004. VI. DISCUSSION ITEMS 1. Ordinance #4 - New Format Continues Next Month Motion by Chair Hanson. seconded by Commissioner Wilharber to reschedule the March meetin2 to February 17. 2004. All in favor. Motion carried unanimouslv. 2. Update on Ordinance #75 Slaughterhouse Moratorium Ms. Moore-Sykes indicated that Council had extended the moratorium. The Commission asked that a draft of Ordinance #4 be available for the April meeting as they would like to get it in the public hearing stage by May. Commissioner Wilharber asked if there had been someone hired to replace Mr. Ken Cook. Ms. Moore-Sykes indicated that Mr. McPherson is being trained on inspections and Staff is working on a job description for a public works position. . The Commission discussed the Sedona Homes proposal. Page 2 of3 " STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE TABLE OF CONTENTS ORDINANCE #79 PAGE NUMBER SECTION 1.0: COUNCIL FINDINGS, PURPOSE, AND MEANS 1.1 Findings......... ................ ........ ......... ......... ........ ..... ......... ........ ..... ........ ....... .... ................1 1.2 Purpose... ..... .... ..... ..... ............ ..... .... ......... .... .... ..... ...... ... ........ ......... ................. ..............1 1.3 Means ............ ....... ....... ...... ......... .... ......... ........ ................... ............ ........... ................. ...1 SECTION 2.0: GENERAL PROVISIONS AND DEFINITIONS 2.1 Statutory Authorization....... ............... ..... ..................... ...... ... ..... .... ......... ...... ..... ......,....2 2.2 Scope ....... ............. ."..... ....... ................ ...... ......... ..... ........... .,. ..... .......... ... ......................2 2.3 Responsibility ...... ........ ......... ............. ......... ............ ........ ........... .......... ... ......................2 2.4 Severability. .... ...................... .......... '" ....... .............. ..... ......... ...... ........ ..... ................... ...2 2.5 Enforcement ............. .... ....................... ........ ............ ..... ... ........... ........ ..... .... ..................2 2.6 Greater Restrictions ............ ........................ ............ ................... ........ ..... .... ..................2 2.7 Defmitions... .... ............... ..... ............... ....... ........... ... ..... ...... ..... ... ............. ...... ...............3 SECTION 3.0: EROSION CONTROL PRIORITY ZONES 3.1 Justification ... ........... ....... ........... ............. ........ ................ ............... ...............................6 3.2 Erosion Control Priority Map .......................................................................................6 3.3 Regulation and Requirements .......................................................................................6 SECTION 4.0: EROSION AND SEDIMENTATION CONTROL PERMITS 4.1 General.... ...... ..... ...... ......... ........ ....... ........... ........... ......... ...... .... ..... .... .... ..... ..................7 4.2 Application/Issuance of Permit............... ........ ........ ........ ........ ... ........ .................,.........7 4.3 Activities Requiring a Permit........................................................................................9 4.4 Activities/Exception Not Requiring a Permit ...............................................................9 4.5 Time of Permit .......... ..................... ........ ......... ................ ........... ........ ......... ..................10 SECTION 5.0: VARIANCES AND APPEALS 5. 1 General. ......... ....... ...... ....... ............. ......... .......................... ...................... ...... ............... .11 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE ORDINANCE #79 An Ordinance regulating erosion and sediment within the City of Centerville, Minnesota and providing for the administration and enforcement of such regulations associated with erosion and sediment control. The City Council of the City of Centerville ordains as follows: SECTION 1.0: Council Findings, Purpose, and Means 1.1 Findings The City Council finds that although there are several permit requirements from various agencies regulating grading activities, there are a significant number of projects occurring each year that are not required to obtain any form of permit for land alteration. The City Council recognizes that the City of Centerville, at the local level, is best suited to establish a permit system to minimize the significant erosion occurring each year from these sites. 1.2 Purpose The purpose of this ordinance is to reduce erosion and sediment deposition to the greatest practical extent; reduce sediment deposition into the catch basin and storm sewer system, thus preventing flooding problems which can damage property; and to limit the amount of sediment deposition into lakes,,~tJ:t:;arIl~,::iIl~F()Pcls.':'Iith_ill~enqty of.c:entervillt:;'nnnnn n_Un /---{ Deleted: Janes 1.3 Means The City intends to implement this ordinance through the following means: A. Adopt a map designating high, medium, and low risk areas for implementing the ordinance. B. Require an escrow deposit at the time of permit application as security that the provisions ofthe permit will be met. C. Establish a permit system to provide a means for monitoring and inspecting grading activities. D. Require design and construction of erosion and sediment control measures to minimize sediment deposition. SECTION 2.0: General Provisions and Definitions Page 2 of9 " 2.1 Statutory Authorization The City of Centerville has authority under Minnesota Statutes Chapter 497 to regulate erosion and sediment control for.1and distributing activities. TIris ordinance, as well as, Chapter l03 of Minnesota Statutes and Section 404 of the Federal Clean Water Act also regulate erosion and sediment control. 2.2 - Scope The erosion and sediment control permit shall be required for any and all grading activities meeting the criteria listed in Section 4.3 of this ordinance. 2.3 Responsibility Neither the issuance of the erosion and sediment control permit nor compliance with its conditions or the provisions of this ordinance, shall relieve any person from any responsibility otherwise imposed by law for damages to persons or party, nor shall the issuance of any permit hereimder serve to impose any liability on the municipality or its officers or employees for injury or damage to persons or property. A permit issued pursuant to this ordinance shall not relieve the permittee of the responsibility of complying with any other requirements established by law, regulation or ordinance. 2.4 Severability If any part of this ordinance is held to be unconstitutional or invalid by a court of jurisdiction, the remainder of this ordinance shall not be affected thereby. 2.5 Enforcement Any violation of the provisions of this ordinance or failure to comply with any of its requirements (including violations of conditions established in connection with grants of variances) shall constitute a misdemeanor and shall be punishable by law. Any person who is in violation of this ordinance allows erosion to occur shall restore the impacted area to the original condition or reimburse the City for the costs of restoration. 2.6 Greater Restrictions It is not the intention of this ordinance to repeal or abrogate any existing erosion and sediment control policies; however, where this ordinance imposes greater restrictions, the provisions of this ordinance shall prevail. 2.7 Definitions (Terms not defined in this ordinance shall have the meaning customarily assigned to them as a matter of general usage.) A. Alteration. Any change or modification of land, water, vegetation or existing structure in a wetland or wetland impact area. Page 3 of9 F. G. H. I. J. K. L. M. B. Application. A completed application for activities regulated by this permit. C. Best Management Practices (BMPs). Erosion and sediment control and water quality management practices that are the most effective and practicable means of control1ing, preventing, and minimizing degradation of surface water, including construction-phasing, minimizing the length oftime soil areas are exposed, prohibitions, and other management practices published by state or designated area wide planning agencies. D. Examples ofBMPs can be found in Protecting WaterOualitv in Urban Areas, Minnesota Pollution Control Agency 1989, and Storm Water Manag.ement for Construction Activities: Developing Pol1ution Prevention Plans and Best Management Practices, U.S. Environmental Protection Agency 1992 as a reference for BMPs, and Erosion Control Design Manual, Minnesota Department of Transportation, et al, 1993. Development. The construction, installation or alteration of any structure; the extraction, filling, clearing or other alteration of land or vegetation; the change of cross section of any water body of watercourse; the subdivision of land per ordinance. Discharge. The conveyance, channeling, runoff, or drainage, of storm water, including snow melt, from a construction site. Energy Dissipation. The methods employed at pipe outlets to prevent erosion. Examples include, but are not limited to; aprons, riprap, splash pads, and gabions ~vhich are designed to prevent erosion. Erosion. The wearing away of soil by rainfal1, surface water runoff, wind, or ice movement. Erosion Control. Methods employed to prevent erosion. Examples include soil stabilization practices, horizontal slope grading, temporary or permanent cover, and construction phasing. Exposed Soil Areas. All areas of the construction site where the perennial vegetation (including trees, shrubs, and brush) has been removed. This includes topsoil stockpile areas, borrow areas and disposal areas within the construction site. Final Stabilization. All soil disturbing activities at the site have been completed, and that a uniform perennial vegetative cover with a density of 70 percent (70%) ofthe cover for unpaved areas and areas not covered by permanent structures has been established or equivalent permanent stabilization measures have been employed. Examples of vegetative cover practices can be found in Supplemental Specifications to the 1988 Standard Specifications for Construction (Minnesota Department of Transportation, 1991). Impervious Surface. A constructed hard surface the either prevents or retards the entry of water into the soil and causes water to run off the surface in greater quantities and at an increased rate of flow than prior to development. Examples include rooftops, sidewalks, patios, driveways, parking lots, storage areas, and concrete, asphalt, or gravel roads. Q'\TIer. The person or part possessing the title of the land on which the construction activities wil1 occur; or if the construction activity is for a lease holder, the party or individual identified as the lease holder; or the contracting government agency responsible for the construction activity. Paved Surface. A constructed hard"~1l~f3:c;(:1l1ad(:.~Lasphitl~,c()l1.c.r~~eorn()tJ:l~~.paY~1l1~.nt material. Examples include, but are not limited to, roads, sidewalks, driveways and parking lots. E. Page 4 of9 ..-.-f Deleted: smooth " N. O. P. I Q. R. S. Pennanent Cover. l~n.llLs1:aJJili.za.ti()n.:__m~)(~plc::~..i11_clll_4c::__ga.~s_,_ga:yc::IL~p~~t~____aJ.1~mu_ ____---- -{ Deleted: Means concrete. Pennit. An official document or certificate issued by the City authorizing peIformance of a specified activity. Pennittee. A_pC::!~()l1p. _ JlrgI,. _()i E()-"C::~C::l11:~Ll!:gC::l1_~y u~r._ Q_th_f:r)~l~~~_tlJ1:iQ_I1_~)1o _1)~gn._s_ _1:11 c:: m__m_uu______.--- --I Deleted: Means application submitted to the Agency and is responsible for compliance with the terms and conditions of this permit. Runoff Coeffi ci ent. -.':lAC::mf1:a.(;t.~ ()l1.. Q.f _1:()1:~__ P.!~(;i pit_a.g_()l1_hth_a.t _ _ ~s_ _ _11_()L~_fi_~~a.~t:_4)l1t_()_ _ ~rum __ __ _ _m __ _- ___...---{ Deleted: Means. otherwise retained by the soil, concrete, asphalt or other suIface upon which it falls that will appear at the conveyance as runoff. S edim ent. ."Thc::_p'!Q_411_c1:__()rl!:l1_~r_()~!()I1_P!()!?_~~;' _s()!i.d __1!1_a.tt:Jjl1)~()ft.1_l!lil1_~~_~__8;l1<:l_2r.g~(;'m u_.. mm ___---- --{ Deleted: Means that is in suspension, is being transported, or has been moved by water, air, or ice and has come to rest on the earth's suIface either above or below water level. Sediment . Control. M~!p.()Q~____f:~pl()y'c::Q__1:()_uP~C::-"~111:___~_~_4~C::l1t.__glJ.~___~_~a.~~K_~_~___1)~~C:::__m_____________ __-.-----{ Deleted: Means Sediment control practices include silt fences, sediment traps, earth dikes, drainage swales, check darns, subsuIface drainpipe slope drains, stonn drain inlet protection, and temporary or permanent sedimentation basins. T. Soil. J~_~_lll1(;()_l1!!()E<:l_a.~c::Q_l!l!l1~~l!:1.~~__()r.g~(;}l1J.I1_~_~~I_Il1a.t_f:~:~:L()I1J~_~}!I1!11c::Qi~_~_!!l!lfa.(;C::.__hmumm_---'-----{ Deleted: Means . J of the earth. U. Stabilized. ."Tht:__t:~P.()_~_~~__~()~9.__~~a!?t:)~a.!!__~t:_e_l1__(;()Yc::r.f:~__~)'u~!~_~~__!!()Q,J~Pr.?P.~__~()_()~LU_____h_h__-- .--..--{ Deleted: Means J. fiber blanket, or other material which prevents erosion from occurring. Grass seed is not stabilization. V. Stonn W ater. .Tht:__P~t:_C?_ip~t!l1:~()_l1u~Q:ffL~~()_~__~_a.tC::l" _:':lll1Q~__~_l1Q-'"Y__Ill_~~t__~l1()~_~<:lulil1)'um_umhu______-----{ Deleted: Means other suIface runoff and drainag~m__~t9~_u~a.~c::r_ ~()t:_s...[lIJ.L~l1_~l11_<;lC::m~()l1s.~(;t.i()f1_ ~~tt:um__m__h____------- Deleted: (defined in 40 CFl22.26 [b] dewatering. [13]) W. Temporary Protection. .Mc::!P.()Q~__~~pl<?Yc::Q 1:()_P.l"e~_el1t. _t:!QsAQl1: E.~1llllPI_c::~__()Uc::~Q()l"~_m__m__um____-------{ Deleted: Means include; straw, wood fiber blanket, wood chips, and erosion netting. X. Variance. A procedure for varying the regulations as they apply to specific properties where an unusual hardship on the land exists, but variances may be granted only upon the specific grounds set forth in the regulations. SECTION 3.0: Erosion Control Priority Zones 3.1 Justification The City recognizes that erosion and sediment control should be targeted more specifically in high risk areas that have a greater potential of damage to the natural eco system. 3.2 Erosion Control Priority Map Each drainage subdistrict within the City of Centerville has been identified as having either a high risk, medium risk, or low risk for sediment deposition impacts. These areas are identified on a map entitled City of Centerville Erosion Control Priority Map. 3.3 Regulations and Requirements Page 5 of9 An Erosion and Sediment Control Permit shall be required in each priority district according to the following schedule: <. .............. Land Alteration Area Earth Work Volume High XX Square Feet XX Cubic Yards Medium XX Square Feet XX Cubic Yards Low XX Sauare Feet XX Cubic Yards . Section 4.0: Erosion and Sediment Control Permits 4.1 General A. n. n ..gJ:':~~ptas...p~()'1idecl.. ill nSecti().ll. A :~'nIl.CJ.. grading m()r.cl~\l~loPIIl~r)t() L <lI1ykiIl.cl..~l1a.1Lbe.. allowed without first having applied for and been granted an erosion and sediment control permit from the City. Jl....... .... IJ.1~.gr.'lTlt~I1g .()J<lI1.~rosi()!1..8:ll d. sec]i.II1C:llt.(;().lltr:CJ.1.pel1J1it. 9.()~snot.3:1:Jr.CJgate.tl1.~.<lppliC;<lIl.t's... ... need to obtain permits required by other local, state or federal agencies. ,9,... . . .]]:1~l1PpliC;ar1t.~l1.<l]]pr:()\li<i.e.tl1 egi.ty,,:vitl1..<l.I1.CJI1:fe.fu!1ciaJ:>Ie. [ee.()[ .L.. mm...Jo cove.r... .~11 e cost of administration and inspection. The applicant shall further provide an escrow deposit of$.............. as security to ensure the provisions oft . 4.2 Application/Issuance of Permit ....{ Deleted: L ...-{ Deleted: 2. -f Deleted: 3. Applications for erosion and sediment control permits shall be made by the owner or owners of the property and shall be filed with the City Administrator or designee. All applications shall be accompanied by the prescribed administrative fee and escrow deposit unless waived by the City .........-. { Deleted: Administrator Council and shall include the following information: Required Submittals: The following information shall be submitted with a permit application: A. Site Plan. A map or a series of maps or drawings that contain information explained in the narrative. B. Narrative. 1. Project description - The nature and purpose of the land-disturbing activity and the amount of grading involved. 2. Phasing of construction - The proposed stages of grading, utilities, and building construction. 3. Existing site conditions - Existing topography, vegetation and drainage. 4. Adjacent areas - Neighboring streams, lakes, residential areas, roads, etc., which might be affected by the land-disturbing activity. 5. Soils m Soil names, mapping units, erodibility, permeability, depth, texture, and soil structure. 6. Critical erosion areas - Areas on the site that have potential for serious erosion problems. Page 6 of9 . ...{ Formatted: Indent: Left: OS' .....{ Formatted: Bullets and Numbering '. " 7. Erosion and sediment control measures - Methods to be used to control erosion and sedimentation on the site, both during and after the construction process. 8. Permanent stabilization - How the site will be stabilized after construction is completed, including specifications. . 9. Stormwater management - How storm runoff will be managed, including methods to be used if the development will result in increased peak rates . of runoff. 10. Maintenance - Schedule of regular inspections and repair of erosion and sediment control structures. 11. Calculations - Any that were made for the design of such items as sediment basins, diversions, waterways, and other applicable practices. L-Application Review Process: ...u.u....{ Formatted: Bullets and Numbering C. Review. The City Administrator or designee shall forward copies of the application to the City Council for review upon receipt of all necessary information. Planning Commission Referral. Any erosion and sediment control permit may, ID.__mmm.._____..--.---{ Deleted: in the City Council's discretion, be referred to the Planning Commission for study and recommendation regarding the granting or the denial of same based on the performance standards set forth in Section 4.2 of this ordinance. .., .---'---' Deleted: Notices. A notice describiog _n._n_nu_.__.n.._n____n_n.nUn._ _n __._._____nn__nnnn__._ ____nun.. .._.__._nnnn__n__ ______n .-- ._u_Hu_.__n_ _nnn_'.______hu - nnu_n_nnnnn' _._~, the property and the request must be , mailed to the property owners within 100 feet of the impacted wetland at least five day before 'Council's meeting at which time the request is to be considered, Failure of the property owners to receive the notice shall not invalidate the proceedings. Formatted: Bullets and Numbering A. B. '!.__nou..__nnn..__.n__n_n___ Disposition. An erosion and sediment control permit may be granted with or without conditions by a motion adopted by a simple majority of the City Council. An application may be denied in the same manner and such motion shan constitute a finding and determination by the City Council that the conditions required for approval do not exist. 4.3 Activities Requiring a Permit The following activities shall require an erosion and sediment control permit, according to the table in Section 3.3. ~Activities which after or remove soils or vegetation, including but not limited to clearing, digging, dredging, draining or filing. . ~Disposal or storage of borrow material. +"" P.:..n._._._!I?-~~?!~_~!~Q!l..12r~~~~IJ..!~~_L~~ry~.l?f:sJ.J._f::.~~.~.~~~.~~!t.~_~~~f:~?u~!.l?_:n ..._..__nn..m_._.......nm.._m._.__n...nmn...n_...n'. +,_h___'._ '. Formatted: Indent: left: OS', Hanging: 0.5". Tabs: I", Left Formatted: Bullets and Numbering Formatted: Indent: Left: OS, Tabs: I", left Deleted: 3. 4.4 ActivitieslExceptions not Requiring a Permit The following activities may be undertaken without an Erosion and Sediment Control Permit: A....._.__N_al!l~~!l.~(;~nQf_~~~~!!lgn~~~~..i:'.1ntQf:.iIJ..1Pl3,l?!_.~e.~._~~_.Y.?~__P~.12~~.s.!~:'.1n!h~t..!lQn~A.9:!!.!~!I:~I....u. .___._...___..--....{ Deleted: I. vegetation be removed, mowed, or altered. Page 7 of9 yQ:__m u_J~n~Q!!_~_~~!~g!n~~:g~~__!h~__gjtY.~_~_J~~4__~_~~_p}"~?n~g_gJ2~,~~~A~g_Q_9J~~t~_Y~~__?~~n~UL!!Q~j~~!~~~~"m_n ______ -f Deleted: 3. or cause danger to life or property. P'u u___}~...c()ll~ist(;ll~,:"itl1...t.l1eu..()])j(;~tiv~~.uof.u~I1c()l1raging.)~n(L.lls~~n(;()lllFCi~M~m~vitl1.n~l1~___ .... .un._""" { Deleted: 4. preservation of the natural land forms, existing trees, native vegetation and wetlands within the City. g:.___ uWilJ.I1ot.ill.cIll9:~A~\Tel()PIll~l1~()J .1:ll1clnCi11d ':'':It.~ruaT~Ci~uess.ellt.ialt()u t.heus.t()rag ~()f. ~llrf Cl~~n un ./' { Deleted: 5. water, or include development of land and water areas which provide groundwater recharge. J?,.peVlplanting .Ci11dpJ1jningoftreesandshfllbs.n.. n n...n.... ..un.... .... ....... n..........m.. .u....... .n... ..... .... P:..u Xern()Va1 (If trees, lilllbs,brusl1?brCi11chesthat. ar(: ciead? dis(;~ eci,. orpose ~afetyl1azCirds. .. p. ..... ..~a.lldscaFing? inc;ludillg grading, thatd()~s il()t. ej(c~ed$:;OOil1mClt~rial.and.lClbor.. ................. g:. ..., ... N all ~cl1(:lJ1 i.cal.. !(:lll()val.. .()f.. ~t:lte.. c.;ertifl: ed. .Ilo)(i.() us,:" eeds,_.. i..~:,. pllrpI e. .l()os(:.. ~trif~,. naJ~() within the wetland. y. . u u uc.:()I1.struc;ti 011. ()riI1stalI CitioI1. OJClI1 Y.. ~1:111ctl1re. ()!. p~!\Tio llslllClt.erial. ,:"i tl1i.ll. tl1~.ilIlPClc;tu Cir:ea,... such as a fence or bird house, which would not generate storm water runoff exceeding existing natural conditions. p', ...F:p;1~1"ge.ncy'\vor),:toprese.f\lelife orprope.rty; Eep?cirs nor,maiI1tenan ce. .()ra.llY)Ci':"fuIll~(:of. land existing on the date of adoption ofthis ordinance. 4.5 Time of Permit Work authorized by a permit shall begin within ninety (90) days from the date of issuance unless otherwise stipulated. The work shall be completed within twelve (12) months from the date of issuance unless such time is extended by ~c.:()un.c.il'uJ).eqty.~l1.aIl.~e.ll().tifi~ciIiUe.Cistfony~e.igl1t.. (48) hours prior to the commencement of work. If the work is not initiated as specified, the permit shall be voided. SECTION 5.0 --- V ARlANCES AND APPEALS 5.1 General An application for variance shall be processed according to the Municipal Code. In addition to normal notice requirements of the variance process, written notice of the variance along with a description of the scope of the proposed project shall be submitted to Rice Creek Watershed Distri ct. Prior to granting a variance from this ordinance, the City Council must find that the variance: -A.'u u Will u.llo~.!esu~tinanYcletr:illlentto. sll1"[llce()~gr()ul1cl~vate!. re~()llrGe.su vvQich pr()videu aquifer recharge. J? nU .nWiILJ:l()LiJ:l(;rea.s.e.th~,.fl:I1.a.nci. a.]l:lll!cle.ll~ uon..tl1eu,c()llllll:llnity])y..ill c;r.e.Ci~iI1K.O\T~!f10~\TuoL water onto other areas. No variance shall be issued unless the applicant has submitted engineering date, surveys, site plans and other information as required in Section 4.2. Page 8 of9 { Deleted: 2 ..{ Deleted: 3. Formatted: Justined, Indent: Left: OS', Hanging: OS', Tabs: 1", left + Not at OS ..."1 Deleted: 4. ';'. ...1 Deleted: 5 \,j Deleted:. 6 Formatted: Justified, Indent: Left: OS', Hanging: OS', Tabs: 1", Left + Not at OS ....1 Deleted: 7. nn u___u_ ----"--- { Deleted: the City { Deleted: L { Deleted: 2. .. Adopted by the Centerville City Council this Mayor, Terry Sweeney City Clerk Published in the Quad Community Press on Page 9 of9 '. Effective: 2/11/77 City of Centerville Ord. #30 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE ORDINANCE #30 AN ORDINANCE RELATING TO SANITARY SEWER. The City Council of the City of Centerville, Minnesota, does ordain: SECTION 1. SEWER DEPARTMENT. There is hereby established a Sewer Department for the City of Centerville. This sewer system as now constituted, or as shall hereafter be enlarged or extended, shall be operated and maintained under the provisions of this Ordinance subject to the authority of the City Council at any time to amend, alter, change or repeal the same. SECTION 2. MANAGEMENT. The City Council shall have the charge and management of the sewer system subject to such delegation of authority to the City Engineer, Sewer Superintendent and to other City employees as the City Council shall provide. SECTION 3. ADOPTION BY REFERANCE - MINNESOTA PLUMBING CODE. The Minnesota Plumbing Code, identified as follows: "The Minnesota Plumbing Code, filed with the Secretary of State and the Department of Administration, June, 1969, and latest revisions", is hereby adopted and incorporated by reference as. an Ordinance of the City of Centerville, and except as specifically stated herein, the Plumbing Inspector shall follow and enforce the provisions of said Minnesota Plumbing Code, together with all amendments thereof. Tv{o (2) One (1) official copies of said Minnesota Plumbing Code shall be marked and filed for use and examination by the public in the office of the City ClcrkBuilding Official. SECTION 4. DEFINITIONS. . Building Drain: The building drain is that part of the lowest horizontal piping of a building drainage system which receives the discharge from other drainage pipes and which lies within the perimeter of the building. . Building Sewer: The building sewer is that part of the building drainage system that extends from the building drain to the sewer service line at the property line. The building sewer shall convey the water liquid and water- carried waste of but one building except under special application approved by the City Engineer. Page 1 of9 Effective: 2/11/77 City of Centerville Ord. #30 · Sewer Service: The sewer service line is that piping which receives the building sewer discharge at the property line and extends to the City sewer main line in the utility easement and is located entirely within said utility easement. SECTION 5. SUPERVISION AND PLUMBING STANDARDS. The City Plumbing Inspector shall inspect all building sewer connections made to the municipal Sanitary sewer system and excavations for the purpose of installing or repairing the same. SECTION 6. APPLICA nONS, PERMITS, FEES, BOND, INSURANCE AND CHARGES. 1. Assessment Payment. No connection shall be made with respect to any sanitary sewer serving the property of any person or occupants of the land, parcel or premises affected unless all assessments for such sewer, or such installments thereof as are due and payable have been paid in full and unless such owner, occupant or user has paid or provided for the payment of the full and proportionate share of the utility, which shall be payable as follows. · Installation Requirements. For service to the property for which a sewer service line has not been previously installed from the main sewer line to the property line, the owner, occupant or user shall contract with a licensed sewer installer or plumber for the installation of said line and all payments required shall be assumed by the owner, occupant or user. (Only licensed plumbers or sewer installers, licensed to operate the City of Centerv'ille shall be allowed to install service lines within the public right-of- way.) · Property Outside of the City of Centerville. Service to any other municipality may be considered by the Centerville City Council. Where it is determined service is feasible and can be rendered, service will be provided only after a legal contract has been agreed to and entered into by the adjoining municipality. · Permit Fee. The applicants shall pay to the City a Permit fee for any sanitary sewer construction, connection, enlargement, alteration or repair, and/or permit fee for any plumbing, construction, connection, enlargement, alteration of repair, which is to defray the City costs of inspections and administration. Amounts for said fee shall be set by City Council Resolution and kept on file with the City Clerk. Where no assessment for the cost of construction to trunk lines, lift station, force mains and disposal facilities has been levied against the property sought to be Page 2 of9 Effective: 2/11/77 City of Centerville Drd. #30 connected, a connection fee established by the City Council shall be collected in cash with in the permit fee. 2. Multiple Connections. Multiple connections of more than one building to a single building sewer or sewer service line shall be permitted only by special application to the City. The applicant shall submit a detailed sketch showing location, grades and special structures to the City Engineer for review prior to applying for a permit. All costs involved for the engineering review shall be paid by the applicant along with other required fees at the time of application for the permit. The charge for the cost of the trunk lines, lift stations, force mains and disposal facilities as defined in Section 6-A. (3) shall be levied against such property sought to be connected, either through single sewer services or multiple connections. 3. Bond. No excavator, sewer, installer, or plumber will be allowed to commence any sewer service, installation, nor allowed to make any connection of any building sewer to a sewer line or to a sewer service, without first having obtained and deposited with the city a performance bond, or cash deposit, or irrevocable letter of credit in an amount of $2,000 per permit or $25,000 all inclusive in a form approved by the City conditioned that the City will be saved harmless from any loss, damage, cost or expense, by reason of any work performed under this Ordinance or by reason of improper or inadequate performance or compliance with terms of this ordinance by the holder of the license or his agent or employee. 4. Insurance. Prior to receiving a permit for plumbing work, such plumber, excavator or sewer installer shall take out and maintain insurance with a company, approved by the Clerk against damages or property injury or death to persons, '.'{hich policy or policies shall indemnify and save harmless the property owner whose premises the work will serve, the City and all its officers and personnel against any claim, demand for damages or action arising out of or by reason of doing the work or activities relating or incidental thereto, and from any costs, disbursements or expense for defending the same. The property damages insurance coverage shall be in the amount of $50,000 and the public liability insurance coverage limits for injury or death to anyone person in anyone accident shall be $100,000, and the policy limits for anyone person in anyone accident shall be $300,000. The policy or policies shall provide that the City shall be notified immediately of nay termination of or modification to such insurance. Should the insurance coverage provided for in this section be inadequate in amount, then the plumber, excavator or sewer installer shall indemnify and save harmless the said property owner, the City and all its officers and personnel in like manner. 5. Licenses. No excavator or se\ver installer '..vill be ullo'.ved to commence uny sewer service installation without first having obtained a license from the City of Centerville. f...pplication shall be made on forms supplied by the City Clerk and shall be accompanied by a license fee in the amount of Page 3 of9 Effective: 2/11/77 City of Centerville Ord. #30 twenty fi'/e dolbrs ($25.00). Homeovmers desiring to do their o"vn-werk shall not be required to obtain a li6BflS-e: The application shall include such information as is requested by the City for determining identity and a qualification to perform as an excavator or se"ver installer. Upon a detennination by the City Clerk that the ~eation in complete and proper in all respects and the Jicemo foe-i-s paid, the Clerk shall issue the license. The term of the license shall run from the date of issue until December 31 of the year of issue, unless seoner terminated by the City Council, for breach of any of the terms-ef thiJ Ordinance, or for unexcused [aibre to perform "vith torms of any eeffimct for installation of se\ver services '.vith a resident of the City, or for causing damage to public property. No part of the license fee shall be refuB.ded 'clpon u revocation of the license. The license fee shall not be Jl:F&-fr'rte4-fE>>'---afl)'-reasBfi:- ~~ Sewer Availability Charge (SAC). No permit shall be issued for any connection, repair, enlargement or alteration to the sewer system until a determination has been made by the City of the Service Availability Charge (SAC), to be imposed by the Metropolitan Waste Control Commission, and the applicant has paid to the City the full amount of any such Service Availability Charge that may be applicable. 6.+: Residential Equivalent Charge (unit). No permit shall be issued for any connection, repair, enlargement or alteration to the municipal sewer system until a determination is made by the City that the Residential Equivalent Charge (Unit) has been assessed against the property and if not so assessed, no permit shall be issued until payment has been made to City in full amount of such Residential Equivalent Charge (Unit) determined by the City for proper usage. Metropolitan Waste Control Commission SAC tables shall be used in determining Residential Equivalent Charge. These fees are based on their annual fee schedule and the City's Annual Fee Schedule. Residential Equivalent Charge (Uni1t-shall be assessed initially at $1,000 and commencing in ycur of 1977 shall b e increased $50 per year for a period oftvv'cnty (20) years. SECTION 7. DELAYED CONNECTION CHARGE. To protect the general health and welfare of the City, it is required that the liquid wastes from any plumbing system of any residence, dwelling or building be discharged to the public sewer system. The owner of each residence, dwelling or building, to which sewer service is or become available shall secure all permits required, pay all fees and charges required and connect to the public sewer service system within twelve (12) months after such sewer service becomes available to the property. A late connection fee of three hundred dollars ($300) in addition to all other fees and charges that may be applicable, shall be paid at the time of securing the pemlit for connection to the sewer, for every such connection made after the time limit. Any owner failing to connect as herein required shall also be subject to any penalties provided in this Ordinance. Page 4 of9 Effective: 2/11/77 City ofCenterville Ord. #30 SECTION 8. PLUMBING INSPECTOR. The Plumbing Inspector shall examine all applications before construction is begun and after the construction is begUn and after the construction, enlargement, alteration or repair is completed, the Plumbing Inspector shall be notified. It shall be unlawful to cover any affected lines until ari. inspection has been made and such connection and the work incidental thereto has been approved by the City as a proper and suitable connection. It shall be the duty of the sewer installer and or plumber to notify the Plumbing Inspector by telephone or in writing, not less than eight (8) working hours between the hours of 8:00 a.m. and 4:00 p.m. before work is to be inspected or tested. SECTION 9. EXISTING DRAINAGE AND PLUMBING SYSTEMS. Prior to connection to the public sanitary sewer system, the Plumbing Inspector shall examine the existing drainage system and the interior plumbing system. All such systems shall conform to the requirements of this Ordinance and the requirements of the Minnesota Plumbing Code. In the event that such drainage system or plumbing system is determined to be nonconforming to the above requirements, the contractor, owner, or occupant shall do or cause to be done, whatever hook-up to the public sanitary sewer system is made. The decision of the Plumbing Inspector as to the extent of the corrective work to be done in each individual case to conform to the above requirements shall be [mal. SECTION 10. INSTALLATION OF CONNECTIONS. All sewer services may shall be installed by a licensed plumber or a sewer installer licensed by the City of Centerville. Homeowners may make installations, provisions on the following conditions: If the work done by a property owner on his own premises does not meet the requirements of this Ordinance and he cannot perform the work to comply with the requirements as instructed by the inspector, he shall engage a licensed sewer installer or plumber to install the connection. Failure to do so will be considered just caused for the City to refuse him a sewer connection. SECTION 11. EXCAVATION WORK. . Excavation Inspection: All installation work or repair of connections to the sewer system including grades, bends and backfillings shall be inspected by the Plumbing Inspector. No work shall be covered or backfilled until directed by said Inspector. All work and excavations shall be protected by barricades and warning markers and lights reasonable and suitable for the purpose. The City shall be held harmless of any claim or loss as might otherwise arrive for damage, loss or injury caused by or arising by reason of such work being performed. . Street Repair: No digging in any type City streets shall No excavation within the Right-of-Way shall be permitted except by special written permission from the CityRight -of- Way Permit. Backfilling shall be Page 5 of9 Effective: 2/11/77 City of Centerville Ord. #30 thoroughly compacted with M.H.D Class 5 gravel base compacted to 100 percent maximum density in 6 inch layers. The base shall be treated and a surface installed in accordance with the Ordinances of the City of Centerville and match existing road section. · Unsatisfactory Filling Or Repair Of City Streets Or Right-Of-Way: Where excavations are unsatisfactorily filled and or surfacing is improperly patched, the City Council shall cause them to be placed in a satisfactory condition and the cost thereof shall be charged to such plumber doing further work within the City shall be suspended until such charge is paid. Such plumber shall be given notice thereof and ten (10) days within which to pay such charge. SECTION 12. CONSTRUCTION REQUIREMENTS. All building sewers and sewer service lines shall be of approved cast iron soil pipe, or plastic pipe of a type approved by City Engineer. All joints or connections for approved pipes shall be made in a manner and kind approved by City Engineer and kept on file with City Clerk. Individual service lines shall not be less than four (4) inches in diameter and shall be placed at a uniform grade not less than one-eighth (1/8) of an inch per foot. Building sewer lines shall contain no more than two (2) ninety (90) degree long sweepbends or a combination of forty-five (45) degree bends. A cleanout to the surface shall be provided between the first and second ninety (90) degree bend. Each lend and cleanout riser and cover shall be of cast iron construction or of type approved by City Engineer. Cleanouts shall be at intervals not to exceed eighty one hundred (8G100) feet. No connecting sewer shall be laid parallel to any bearing wall or footing unless further distant than three (3) feet from such bearing wall or footing. No connecting sewer shall be laid within (20) feet of an existing well uDless cast iron soil pipe is used. Multiple connections of more than one (1) building shall not be made unless approved by City Engineer. No inter-connection of existing private sewage system shall remain upon connection to the public system. Upon completion of sewer service connection, a record made by Plumbing Inspector showing placement of building sewer line and all outside cleanout risers as related to building foundation and sewer service line shall be filed with City Clerk. Old house sewers or portions thereof may be approved for use by the City Engineer. The City Engineer may request that the old sewer be excavated for the purpose of facilitating inspection. No house sewer shall be laid across or over any existing cesspool or septic tank unless the existing cesspool or septic tank shall first be pumped clean and filled with earth to the existing ground level. Where connecting sewer is laid, across or over the existing cesspool or septic tank. All other cesspools or septic tanks shall be pumped clean and filled with earth to ground level unless said tanks are required as portion of surface water drain system as approved by Plumbing Inspector . The sewer connection stub is marked by a two inch by two inch wood stake to the surface. The sewer installer should verifY the location and elevation of the connection before proceeding with Page 6 of9 Effective: 2/11/77 City of Centerville Ord. #30 the installation. Any deviation from the plan location which will affect the installation of the sewer connection, should be brought to the attention of the City immediately. Contractor shall install the house sewer by exposing the wye at the sewer main or the service stub at the property line, connecting to that wye or service stub and shall lay the house sewer pipe from the wye or service stub to the building. The City will assume no responsibility for extra charges as a result of such misplaced connections unless it is notified before any work is done and has had an inspection made by its representative to confirm the condition and to authorize extra work. Existing building service lines or systems may require replacement. Such lines claimed to be in good condition and approved material shall be subject to an air test or other suitable tests approved by the City Engineer and or Plumbing Inspector. Any system will be subject to retesting. Cost of testing shall be paid by the owner. Any system failing to meet a satisfactory test shall be replaced or repaired to the satisfaction of the City Engineer and or Plumbing Inspector. No connection of any building sewer service line shall be made by any person other than an employee of the City of Centerville, a licensed sewer installer or a plumber licensed by the State of Minnesota and all such connections shall be made under dry conditions, either naturally occurring or by dewatering and under supervision of the Plumbing Inspector. SECTION 13. ABNORMAL AND PROHIBITED DISCHARGES. Abnormal strength and volumes shall be classified as a special discharge in comparison to domestic wastes and shall be treated on a special basis as to rates and are subject to review by the City Council. It shall be unlawful for any owner, occupant or user of any premises to direct or discharge prohibited elements or materials into the sanitary sewer system of the City of Centerville, said prohibited elements or materials being defmed herein. 1. Storm Water. No storm water, surface water, ground water, or run-off, subsurface drainage, cooling water or unpolluted industrial process waters shall be discharged or caused to be discharged into said sanitary sewer system. 2. Roof and Surface Water. No roof or surface water drains shall be connected or directed to drain into the sanitary sewer system. 3. Any gasoline, benzene, naptha, fuel oil, or other flammable or explosive liquid, solid or gas. . 4. Any garbage that has not been properly shredded. 5. Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, paunch manure, or any other solid or viscous substance capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewage works. Page 7 of9 Effective: 2/11/77 City of Centerville Ord. #30 6. Any waters or wastes having ph lower than 6.0 or higher than 9.0 or having any other property to corrode or abrade, cause materials to be deposited, or attached to the walls of the sewer system, or having any other property capable of causing damage or hazard to structures, equipment and personnel ofthe sewage works. 7. Any waters or waste containing a toxic, poisonous or radioactive substance in sufficient quantity to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals or create any hazard in the sewage treatment plant. 8. Any waters or wastes containing suspended solids of such character and quantity that unusual attention or expense is required to handle such materials at the sewage treatment plant. 9. Any noxious or malodorous gas or substance capable of creating a public nUIsance. 10. In addition to the above numbered items, all discharges must be in accordance with Metro Sewer Board booklet "Sewage and Waste Control Rules and Regulations for Metro Disposal System". SECTION 14. SEWAGE USE RATES. A sewage use rate is hereby imposed upon eaeh premises served by the se,vage system---e-f othcT\viso discharging se,vagc into the sC'vVage system. Sev/orage use-re-fe--shaR-l7e-establisfle€l--eB -tfle--Basis of Residential Equivalent Charges (Unit) as provided in this Ordinance. Each unit assigned per d,velling or equivalent shaJI be charged an ammal sewer charge of Fifty two Dollars ~2.00) payable quarterly. l\n additionat-annual surcharge of Twenty four Dollars ($211.Q-Qj payaBle quarterly is established for all 'emits assigned. \',1here a meter is required to determine usage, user -,-,.m be char;;ed $.9c?per-l-GOO gallons of v/ater used over RO,ono gallons per yetl:f; The meter reading would be taken during the "winter quarter". Said charges shall be subject to review and change by City Council Resolution from time to time. The sewerage use rate established by City Council Fee Schedule Resolution-fer public dtlffij7ffl.g stations shall be paffi..4e the City Clerk prior to discharge into any of said pablic dmnping statiooo. SECTION 15. BILLING REGULATIONS. · Amount and Payment. The City Clerk or other designated person shall compute the amount due to the City for sewerage use and render a statement there of quarterly. All amounts due as described herein shall be payable at the office of the City Clerk, or other designated person, by the 1 Gjth of the month next following the date of the bill. · Penalty. A penalty often percent (10 percent) shall be added to all bills not paid by the date fixed for final payment. SECTION 16. SEWER FUND. Page 8 of9 '. Effective: 2/11/77 City of Centerville Ord. #30 All funds obtained from collection of annual sewer user charge shall be deposited in Sanitary Sewer Fund City of Centerville and used for payment of all costs incurred in maintenance and operation of Sanitary Sewer System. All exceSs to be used in retiring indebtedness incurred in construction of sanitary sewer system. All funds obtained from surcharges made shall be deposited in Sanitary Fund City of Centerville and shall be used to retire indebtedness incurred in construction of sanitary sewer system. All funds obtained from payment of assessments, connection charges and Residential Equivalent Charges (Unit) shall be deposited in Sanitary Sewer Fund City of Centerville and used to retire indebtedness incurred in construction of said sewer system. SECTION 17. COLLECTION OF DELINQUENT CHARGES. Each charge levied by and made pursuant to this Ordinance is hereby made a lien upon the corresponding lot, land, parcel or premises served by a connection to the sewer system of the City and all such charges which are, on My August 31st of each year, more than thirty (30) days past due and having been properly billed to the occupant of the premises served, shall be certified by the City Clerk to the Auditor of Anoka County, before the lOth day of October November of each year and the City in so certifying such charges to the County Auditor shall specify the amount thereof, the description of the premises served, the name of the owner thereof, and the amount certified shall be extended by the Auditor on the tax rolls against such premises in the same manner as other taxes are collected by the County Treasurer and paid to the City of Centerville along with other taxes. There will be a twenty-five dollar ($25.00) administrative charge levied against the parcel at the time of certification. SECTION 18. METERING. A meter recording the use of water and or waste water flow may be installed on any parcel, premises, unit or nonresidential lot for use as a basis for computing sewer charges under metered flow conditions, and thereafter, the rate shall be based upon such use of water and or waste water flow. The City Council may by Resolution, require and order the installation of such meter on any such lot, parcel, premises or unit or class thereof, where it shall determine that the aforementioned flat rate for sewerage usage is impractical to apply, or results in inequitable charges because insufficient or excessive; thereafter, the rate shall be based upon such metering. SECTION 19. INFORMATION. The owner, occupant, or person in charge of any premises shall supply to the City such information as the City may reasonably require related to use of water, use of sewer, or sewer rates. Willful failure to provide such information or willful falsification of such information shall constitute a violation of this Ordinance, as shall willful failure to comply with any requirement or order issued pursuant to this Ordinance. SECTION 20. ESTIMATED BILLS. Page 9 of9 Effective: 2/11/77 City of Centerville Ord. #30 If the owner, occupant or person in charge of any premises shall fail to provide information as required by this Ordinance, or shall fail or refuse to comply with any requirement of this Ordinance, the proper charge for such premises shall be estimated and billed in accordance with such estimate. SECTION 21. SEPARABILITY OF SECTIONS. If any portion of this Ordinance shall be held invalid, the invalidity of such portion shall not affect the validity of the other provisions of this Ordinance which shall continue in full force and effect. SECTION 22. PENALTY PROVISION. Any person, firm or corporation who shall do or commit any act that is forbidden by the provisions of this Ordinance shall be guilty of a misdemeanor, and upon conviction thereof, shall be panisfietl----l:ly a fine not to exeeOO----tftree hundred dollars ($jO-Gt-eJ--te----B~ed in thc County Jail for a period not to exceed ninety (90) days, or both, plus the cost of prosecution in either case. SECTION 23. VARIANCES. Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the provisions of this Ordinance, the City Council shall have the power to vary the requirements of this Ordinance in harmony with the general purpose and intent thereof, so that public health, safety, and general welfare may be secured and substantial justice done. SECTION 24. ENTRY UPON PRIVATE PROPERTY. The City Engineer and other duly authorized employees of the City bearing proper credentials ana identification, shall, at reasonable times, be permitted to enter upon all properties for the purpose of inspection, observation, measurement, sampling and testing in connection with the operation of the municipal sanitary sewer system. Adopted by the City Council this 11 th day of May, 1977. ATTEST: (Signature on File) Walter Prachar, Mayor (Signature on File) Page 10 of9 " I, Effective: 2/11/77 City of Centerville Ord. #30 Lu Prachar, Clerk! Administrator Published in the Blaine-Spring Lake Park Life on June 3, 1977 Amended on January 28, 1981 Published in the Circulating Pines on February 12, 1981 Amended on Published in the Circulating Pines on June 4, 1981 Amended on March 23, 1983 Published in the Circulating Pines on March 31, 1983 Amended on March 14, 1984 Published in the Circulating Pines on March 22, 1984 Page 11 of 9 MEMO DATE: November 10, 2004 TO: Honorable Mayor/Council/Staff/Committees FROM: Mayor Elect Mary Capra and City Council RE: Council/Committee/Staff 2005 Achievements ............................................................................ The intent of this memo is to invite Mayor/Council/Staff and Committees members to bring to the council as a group, a list of the projects they would like to achieve or have addressed in 2005. For staff this would be projects over and above their normal duties such as; do we need to work on file storage options, web site, training, etc. These are only give these as examples and would like to know what realistically we could do to improve our operation. For the committees this would be a project such as, specific park improvements, what ordinance reviews, programs, business support, etc. Mayor Elect-Mary Capra would like to have this as an agenda item to be reviewed by the committees and staff over the next few months. She will be look at a potential all city council, committees and staff meeting sometime in early 2005. We know what our budget will be for next year so within that budget what can we accomplish. This is not required of anyone, but is optional for those who would like to participate. CITY OF CENTERVILLE PLANNING AND ZONING COMMISSION NOVElVlBER 1, 2004 Pursuant to due call and notice thereof, the Planning and Zoning Commission held their regularly scheduled meeting on November 1,2004, at 6:30 p. m. PRESENT: Michelle Lakso Brian Hanson Tom Wilharber Jennefer Klennert HlNlllt t JeffHanzal 0 None ABSENT: COUNCIL: Linda Broussard Vickers STAFF: None. I. CALL TO ORDER 1. Roll Call The meeting was called to order at 6:35 p.m. II. APPEARANCES 1. Presentation of Recognition Plaque to Former Member Mr. John McLean Chair Hanson presented a recognition plaque to Mr. John McLean for his years of service to the City. ID. PUBLIC HEARING(S) 1. Lot Split Request - Mr. John Dahl. 7334 Brian Drive Chair Hanson opened the public hearing at 6:38 p.m. Mr. Dahl appeared before the Commission and presented his lot split proposal for consideration. Mr. Greg Carpenter of 7328 Brian Drive said he thinks some of the wetland was already mitigated and asked whether it can be mitigated again. He then said they are one foot above the level ofthe pond so he is concerned that the water level does not rise. Page 1 of5 Mr. Dahl eXDlained that drainaQ:e culverts would be used to allow drainag:e to continue. . ~ ~ Mr. Carpenter indicated he would like information from the watershed district. NiT. Dahl indicated he could provide the information to him. ML Bob Cheetah of 7329 Brian Drive indicated that he only received three days notice of this meeting. Commissioner Wilharber asked whether the applicant had received any information from ML Palzer, the building inspector for the City. He then noted there is a question with regard to the stub for water and se\ver and an escrow for the work to be done. Commissioner \Vilharber asked whether the applicant had an issue with providing an escrow. ?vtr. Dahl indicated he did not. Commissioner \Vilharber noted that Mr. Palzer is asking for engineering to ensure the culvert would work appropriately and that would be a cost to the applicant. He then said the cul-de-sac was put in as temporary and it was originally planned that the road would go through. Commissioner \Vilharber asked if the temporary cul-de-sac was made smaller to go through in the future. :rvlr. Richard Travis of7335 Brian Drive exolained that the cul-de-sac is actuallv biQ:Q:er in .L -' ......"-"' case it ended up being permanent. ?vII. D<Lhl indicated that he spoke to Ms. Bender about the house pad being in a drainage easement and then said that the pad is no longer in the easement. Mr. Carpenter asked whether this request has any bearing on whether the cul-de-sac becomes temporary or permanent. Chair Hanson indicated that no one has come forward to ask that the street go through at this time. Mr. Cheetah asked what the front footage is. Council Liaison Broussard Vickers explained that the front footage measurement is taken at the house not at the street. Mr. Carpenter asked for more time for reviewing this matter due to the short notice. Page 2 of5 Chair Hanson indicated the Commission would be acting on the matter tonight and it would be before Council for further comments. Mr. Cheetah commented that neighbors have gotten no time to look into this and one neighbor could not make it to the meeting due to late notice. Council Liaison Broussard Vickers explained that you cannot drain water to someone else so this would need engineering approval of the drainage. She then said that there are other issues to resolve and Staff will be working on those. She further asked that residents provide questions or comments to the City for consideration. Mr. Carpenter said he would like to wait on the lot split to make sure all things are completed. Council Liaison Broussard Vickers indicated that the Planning Commission makes a recommendation to Council but Council would not vote to approve the lot split until all fmal approvals have been obtained from the City Engineer and Rice Creek Watershed District. Mr. Carpenter commented that they were told about covenants that said there are no lot splits allowed. Council Liaison Broussard Vickers indicated that would be a civil question to solve. Commissioner Wilharber indicated he reviewed the letter from the Corp of Engineers and asked how much fill would be used. Mr. Dahl indicated he intends to fill1,744 square feet for the driveway. Commissioner Wilharber indicated he looked at that piece of ground and it drops off significantly and he is concerned with drainage issues on this piece. 1\'Iotion by Commissioner Wilharber. seconded by Commissioner Lakso to close the public hearin~. All in favor. Motion carried unanimously. Chair Hanson closed the public hearing at 6:56 p.m. Commissioner Wilharber said he is concerned with the potential for drainage problems with this property regardless of whether this meets the lot split requirements. Chair Hanson indicated that it is his opinion that this meets the requirements of the lot split and he relies on the City Engineer to approve the drainage. Motion bv Commissioner Lakso. seconded by Commissioner Banzai to recommend Council approval of the lot sDlit for R14-31-22-41-0016 as requested contin~ent Page 3 of5 upon final approval from the City Engineer on drainage. Aves - 4. Nays - l(Wilharber). Motion carried. IV. OLD BUSINESS 1. Ordinance #79 - Erosion & Sedimentation Ordinance Motion by Chair Hanson, seconded by Commissioner Klennert Hunt, to table Ordinance #79 and Ordinance #30. AIl in favor. Motion carried unanimously. v. NEW BUSINESS L Letter of Interest in Becoming a Member - Mr. Bob Wright and Mr. Thomas Wood The Commission discussed the duties of Commissioners with Mr. Wright and :Mr. Wood. Motion by Commissioner Wilharber. seconded by Commissioner KIennert Hunt. to recommend to Council appointment of :Mr. Wright and :Mr. Wood to the Planning Commission. All in favor. .Motion carried unanimously. Chair Hanson reminded the potential new members to be cognizant of any conflicts of interest or the appearance of a conflict of interest as one interested party is a realtor. VI. DISCUSSION ITEMS Commissioner Hamal asked that Staff cOll_firm his e-mail address as he did not receive the last e-mail from the City. Council Liaison Broussard Vickers noted there was training available and asked that any interested Commissioners contact Staff to be registered. The Commission briefly discussed the proposed parking change and agreed that the City is not interested in making any changes based on the information provided. Chair Hanson informed the Commission that he had received a call concerning distasteful signs in a resident's yard. The Commission discussed the matter and Council Liaison Broussard Vickers explained that the Council discussed this matter at its last meeting and was informed by the City Attorney that there is nothing that the City can do to force the removal of the signs. Commissioner Wilharber indicated that the individual who contacted him was interested in working with the City to determine whether an ordinance could be drafted to regulate these types of signs. Page 4 of 5 VU. CONSIDERATION OF MINUTES 1. October 5. 2004 Planning and Zoning Meeting Minutes Motion by Commissioner Wilharber. seconded by Commissioner BanzaI to aoorove the Minutes of October 5. 2004. as oresented. All in favor. Motion carried unanimously. VllI. ADJOURNMENT Motion by Commissioner Wilharber. seconded by Commissioner Klennert Bunt to Adjourn the November 1. 2004 Plannin2 Commission Meetin2 at 7:23 o.m. All in favor. Motion carried unanimously. Transcribed by: Joan Lenzmeier, Recording Secretary TimeSaver Off Site Secretarial, Inc. Page 5 of5