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Home My WebLink About2004-11-01 P & Z Packet tervi[[e 'EstaEiisflClf 189 PLANNING AND ZONING COMMISSION MEETING AGENDA TUESDAY, NOVEMBER 1, 2004 6:30 p.m. I. CALL TO ORDER 1. Roll Call II. APPEARANCES/PRESENTATION(S) 1. Presentation of Recognition Plaque - Former Member Mr. John McLean III. PUBLIC HEARING (S) 1. Lot Split Request - Mr. John Dahl, 7334 Brian Drive IV. OLD BUSINESS 1. Ordinance #79 - Erosion & Sedimentation Ordinance V. NEW BUSINESS 1. Letter of Interest in Becoming a Member - Mr. Bob Wright 2. Ordinance #30 - Sanitary Sewer VI. DISCUSSION ITEMS VII. CONSIDERATION OF MINUTES 1. October 5, 2004 Planning and Zoning Meeting Minutes VIII. ADJOURNMENT Page 1 of 1 Teresa Bender From: Paul Palzer [ppalzer@centervillernn.com] Sent: Wednesday, October 27,20041 :41 PM To: Teresa Bender Subject: Lot split 7334 Brian Drive Teresa- Could you forward this onto the Planning and Zoning Committee. Thanks, Paul I just want the committee and the owner to be aware of several items of concern with the proposed lot split. The lot currently does not have a stub for water and sewer, these will have to be connected out in the middle of the street and restored to meet City standards. An escrow to the City would be required for the completion of this work. The proposed house pad is currently in a drainage easement and the driveway will cross the outlet for the wetland area. Possible the City may want some engineering to ensure proper drainage of this area and culvert sizing. A more accurate survey needs to be provided to show where the proposed driveway will be situated on the lot and in relation to the cul-de-sac. 10/27/2004 ~tervi((e .. ... ... 'Esta6{i..,ftd 1857 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE NOTICEOFPUBUCHE~G LOT SPLIT REQUEST FOR PIN #RI4-31-22-41-0016 - (7334 Brian Drive, Mr. John Dahl) THE ENTIRE PARCEL SIZE IS 2.35 ACRES AND MR. DAHL IS REQUESTING THAT TWO (2) LOTS BE MADE - 1.0 ACRE AND 1.35 ACRES (THAT PART OF THE SOUTHWESTERLY 100' FEET OF SEC 14, TWP 31, RANGE 22, ANOKA COUNTY MN, LOT 4, BLOCK 2 THE WOODS OF CLEARWATER CREEK THE PUBLIC HEARINGS WILL BE HELD BEFORE BOTH THE PLANNING AND ZONING COMMISSION AND CITY COUNCIL NOTICE IS HEREBY GIVEN, that the Planning and Zoning Commission and the City Council of the City of Centerville will consider the requested lot split submitted by Mr. Dahl (owner PIN #RI4-31-22-41-0016 - 7334 Brian Drive). The entire parcel size is 2.35 acres. Mr. Dahl is requesting that two (2) lots be made - 1.0 acre and 1.35 acres (that part of the southwesterly 100' feet of Sec 14, Twp 31, Range 22, Anoka County .MN, Lot 4, Block 2 The Woods of Clearwater Creek. The meetings are scheduled for Monday, November 1, 2004 and Wednesday, November 10, 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 lot split 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. October 29, 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: ksykes@centervillemn.com or tbender@centervillemn.com with questions or concerns. This notice is also available on the City's web site: www.centervillemn.com. October 13, 2004 Teresa Bender, City Clerk-MCMC Published in the Quad Community Press on October 19 and October 26, 2004 CIlY OF CENTERVILLE APPLICATION FOR LOT SPLIT/LOT COMBINATION/REZONING 1880 5'v[ain Street Ql Centervi[{e; 9v[9{ 55038 (651) 429-3232 . 'Ja7( (651) 429-8629 OT SPLIT/I,.()T COMBINATION: _ /" Any additional costs incurred for FEE' ! q t.( + engineering, legal fees, publication or . other requirements DATE PAID: I () - / REZONING: STREET LOCATION OF PROPERTY: 7 ;D c/ ;5 r I /J--/l./ ~v r "v- -f LEGAL DESCRIPTION OF PROPERTY: ,,!!/P-JI-22 --1/ --'ao/e:, L-- OJ cf (5 I/( ? {AI 0 0,-1. > 0 f C 1-,< Y1lr C1J rl'f v C. V ~ .e K SIZEOFPARCEL(S): 1,,0 yfc-VE' ~ (-5bff''^r-e PROPERTY OWNER: c;;/-!-.4-iL/ PHONE #: Ce It- 7 0 / - f' 0 P ;3 FEE OWNER fif!f=LL/l;J ADDRESS: d ( ;-/iJ (Iv C v- I r APPLICANT'S INTEREST IN PROPERTY: ~E OWNER LEASE HOLDER CONTRACT PURCHASER OPTION TO PURCHASE DESCRIPTION OF REQUEST: I ~(] r- S/2/" r / /1 :.:. .v -{ ..? ~ :5 "f-c/' ~ g), / Cdl , To /. ~ 4t!:-/~ , REASON FOR REQUEST: ('" _ (f '1 r-o ~ c::>.- ~ ~ C- (j).-- ? r v ___ "- rr i IJ!) L(J2.-V->'~ 'J9 .-/- / By paying the above stated fee, I understand tl ,..- / G ( '. , . . , . even ifth 0 t~ome is ial. , L.'.'7' ( i.Y / .;Jj frreJ1 ~ "CP -4<./1 M IJ - {!/. j'-'-' Co rr p".J \ /" Sign me of Applicant _ -" LY" - ~ rJ ,8!lV~ /0 - / - 0 c/ /~, . J~ (jr;PJc:PJ ,ItS () , /\k ,J oJ ~ Date -;7 Jl( dp" .~, i,0 $', , p~ : \ ~ .tt .;if- ,,/J .rl ~ ~ ~r p-.) :..f.,. _ 'fi-i.I- we-ef/'J) v ( v D -lJ, " Ii _,' ,- 2->, ~uvl trlvv'k',. 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The following definitions may be helpful to acquaint you with our procedure and effect timely permit issuance: CAPROC (Conditional Approval fending Receipt Of Changes) = The District has nearly all exhibits required for adequate review and issuance of a permit; you have 90 days to submit the required non-administrative item(s) and six months to submit the required administrative items. After this time, the application reverts to a denial and a new application will need to be submitted. Please submit additional exhibits with your application number affixed in trivlicate. Failure to identify your exhibits by Permit Application number could mean a delay in issuing your permit. For any items other than a cash surety, the District will need time to review the exhibits and documents prior to issuance of the permit. You must call the District Office to arrange a time to pick up your permit. Cash surety: If your project requires a cash surety, the surety will be kept through final inspection to assure erosion control measures remain current as shown in plan and also for compliance with other permit requirements. Up to the first $5,000 must be cash - a check from the applicant is acceptable. Amounts over $5,000 are accepted in the form of an irrevocable letter of credit or an insurance company bond. The format for the letter of credit and bond can be found on the RCWD web page listed in the next paragraph. If your project requires an Operation and Maintenance agreement this needs to be submitted as a separate legal document. Guidelines for a separate legal document are available on the RCWD website www.ricecreekwd.com. Forward one draft document (unsigned), for review by the Permit Coordinator. Following any comments, you must submit an acceptable original document to the County Recorder's Office and provide RCWD with a photocopy exhibiting" the Document Number. PERMIT WILL BE ISSUED AFTER WE RECEIVE FINAL COpy AND PROOF OF RECEIPT BY COUNTY RECORDER. When you receive the final recorded document, you must send a copy to RCWD. No surety refund will be made by RCWD until official proof of recording is provided. After receipt and review of additional exhibits, more information may be required for clarification to ensure that District's requirements have been met. If you have any questions, please call Ken Powell at 763-398-3070. cc: City of Centerville RCWD File # 04-098 fII Rice Creek Watershed District Permit Application Number 04-098 Applicant: John Dahl 1101 Holly Court Hugo, MN 55038 Ph: 651-484-4678 Fx: % Consultant Consultant: William McCully Glenn Rehbein Companies 8651 Naples Street NE Blaine, MN 55449 Ph: 763-784-0657 Fx: 763-784-6001 wmccully@rehbein.com Purpose: Land Development Plan and Wetland Alteration Plan to split Lot 4, Block 2 of The Woods at Clearwater Creek into 2 lots, 1. 9::l: acres. Location: V2 mile north of Main Street and east of Brian Drive, Centerville. T-R-S: 31-22-14 daca District Rule: D, E & F Recommendation: Conditional approval pending receipt of changes and outstanding items related to: Wetlands 1. Revised Wetland Replacement Plan satisfying TEP comments. (see Finding 3 for discussion). 2. Proof of wetland bank credit purchase (to purchase after TEP acceptance of sequencing). Floodplain 3. Identification of proposed driveway culvert size (diameter) and hydrologic calculations demonstrating no increase in 100-year flood elevation of the onsite wetland. 4. Proposed 1 DO-year flood elevation and existing emergency overflow route and elevation for wetland basin north of proposed driveway. 5. Revised grading plan complying with District freeboard requirements (if necessary per Pending Item 4). Emmons & Olivier Resources, Inc. 9/17/04 . Permit Application No. 04-098 John Dahl Administrative 6. Electronic or reduced (11 x 17) copy of approved Grading Plan. 7. Cash surety in the amount of$I,500. Exhibits: 1. Permit Application dated July 23, 2004, received July 23, 2004. 2. Project Narrative prepared by Glenn Rehbein Companies, dated July . 12,2004, received July 12,2004. 3. Site S~etch' prepared by Glenn Rehbein Companies, undated, received July 12, 2004. . 4. Final Grading Plan for The Woods at Clearwater Creek prepared by Glenn Rehbein Companies, dated July 28, 1998, received August 19, 2004. 5. Preliminary Plat for The Woods at Clearwater Creek prepared by Glenn Rehbein Companies, undated, received August 19,2004. 6. Site and Wetland Replacement Plan prepared by Glenn Rehbein Companies, last revised September. 14, 2004, received September 15, 2004. 7. Letter requesting need for DNR permit prepared by Glenn Rehbein Companies, dated August 18,2004, received August 19,2004. 8. Project Description prepared by Glenn Rehbein Companies, undated, received August 19, 2004. 9. Wetland Sequencing Arguments prepared by Glenn Rehbein Companies, undated, received August 19,2004. 10. MN Application for Water/Wetland Projects, undated, received August 19,2004. 11. MN WCA Purchase Agreement for Wetland Banking Credits, dated August 18,2004, received August 19,2004. 12. Application for Withdrawal of Wetland Credits from MN Wetland Bank, undated, received August 19, 2004. 13. Location Map prepared by Glenn Rehbein Companies, undated, received August 19,2004. Emmons & Olivier Resources, Inc. 2 9/17/04 Permit Application No. 04-098 John Dahl '" 14. Comment Letter prepared by MN DNR, dated August 30, 2004, received September 1, 2004. 15. RCWD Permit File 98-088. Findings: 1. The project entails a lot split on Lot 4, Block 2 (l.9::l:: acres) of The Woods of Clearwater Creek approved under RCWD Permit 98-088. 2. Runoff from the proposed home would flow over green space before discharging to DNR Public Waters Wetland 545w (DNR 545w). Driveway runoff will drain to both DNR 545w and Brian Drive, which drains to a stonnwater pond constructed as part of RCWD Pennit 98-088. This satisfies District stormwater management requirements. 3. District staff has field verified existing wetland boundaries as consistent with the delineation approved under RCWD Permit 98- 088. This project proposes filling 1,744 SF (0.04 acres) of Type 6/7 wetland within DNR 545w. This exceeds the deminimis exemption of 400 SF; therefore, 2: 1 replacement is required per WCA rules. A wetland replacement plan application and sequencing narrative have been submitted, which indicates the Applicant intends on purchasing wetland bank credits to provide the required mitigation. However, justification for purchasing replacement credits in an adjacent watershed is required. Additionally, the proposed replacement wetland. to be purchased is "out-of-kind" because it is not the same wetland type as the impacted wetland (Type 2). Therefore, the required replacement ratio is 2.25: 1. These comments must be addressed before proposed wetland banking credits may be approved to mitigate for the proposed impacts. Proof of purchase of this wetland bank credit is required (after TEP acceptance of sequencing). 4. There is no RCWD 100-year regulatory flood elevation established for this site. No floodplain fill is proposed. The proposed driveway will cross the overland outlet route of the onsite wetland (DNR 545w), which is to be maintained by a culvert of unspecified size. The proposed culvert invert elevations are 904.5(S) and 904.2(N), respectively. The profile view of the proposed driveway specifies the lowest driveway overtopping elevation to be 906.0 and that the existing low point was 904.12. Identification of the proposed 22 LF CMP driveway culvert size (diameter) and hydrologic calculations demonstrating no increase in 100-year flood elevation of the onsite wetland are required. Emmons & Olivier Resources, Inc. 3 9/17/04 .'C . .. " Permit Application No. 04-098 John Dahl Based on information from RCWD Permit 98-088, emergency overflow elevation for the onsite wetland is 906.7 located north of the site; however, this elevation is not clearly identified on the submitted plans. Also, there is no 1 DO-year flood elevation established for the onsite wetland. The proposed 100-year flood elevation and emergency overflow elevation and route for the wetland basin north of the driveway are required. The proposed low floor elevation is 908.0. This elevation will be evaluated for compliance with District freeboard requirements once Pending Item 4 has been addressed. 5. An acceptable erosion control plan has been submitted including silt fence downstream of disturbed areas, revegetation specifications and an implementation schedule. Board Action: Emmons & Olivier Resources, Inc. 4 9/17/04 " O-l-C 0 :oOl> :0 0-1-< . P m:t 0 :Om 0 0 II :n -.J -.J 0 U-J .. , - . . 0 ..lJ - I:::Cm 0 ~~0 s: 0 _OI~ m 0 ;;:08 :II zr, ~ 0 :<-" OioliS r ..... g:-l~O .D W --J . . (D -0 W (") .I-J ;r:ce c -" (J) .0 CD -I -" -u j,. 0 Ol ..... --J s: (D J: 0 s: m (J) z 0 (") )> -I m ~ ~ "\ tf1 ) ""- "If); ~ '" ---J <0 -- I~ ~<O__ \: ~~.l ---J "'3"'" g '" 0 E:cg n 0 w \ tervi[[e 'Esta6[isfierf 1857 1880 'Main Street, Centervi[[e, 'M'l'f 55038 (651)429-3232 fax (651)429-8629 RECEIVED OF AMOUNT '. John Dahl $194.00 , FOR: Lot Split Application Fee Check # 7703 7324 Brian Drive Surcharae BY Kim Stephan October 1, 2004 Thank you for your business. Receipt # 1 1 9 0 Minnesota Department of Natural Resources DNR Waters - Central Region, 1200 Warner Road, St. Paul, MN 55106-6793 Telephone: (651) 772-7910 Fax: (651) 772-7977 August 30,2004 William McCully, PE Glenn Rehbein Companies 8651 Naples St. NE Blaine, Minnesota 55449 RE: Woods of Clearwater Creek Lot Split, Section 14, T3lN-R22W, Adjacent to Public Waters Wetland No. 2- 545W, City of Centerville, Anoka County A ',? r?PVV' Dear Mr. McCully: We have reviewed the materials you submitted and determined that (see "X"ed item below): X No DNR authorization is needed for the project you propose, as the project will not be located within a lake, wetland or stream subject to DNR Water Permit jurisdiction. Approvals or permits may be required from other federal and/or local government units. o Your proposed project is located within a lake, wetland or stream subject to DNR Water Permit Jurisdiction, but no DNR permit is needed if the project is constructed in accordance with the submitted plans and/or description. Approvals or permits may be required from other federal and/or local government units. o Your proposed project is located within a lake, wetland or stream subject to DNR Water Permit Jurisdiction, but your project is covered under a General Permit issued by the DNR (copv enclosed). Please read the permit conditions to ensure compliance with this Permit. o The project you propose is within a DNR Public Waters Wetland(s), but DNR Water Permit jurisdiction has been waived to your Local Government Unit (LGU) responsible for implementation of the Wetland Conservation Act. The Township should be contacted for Wetland Conservation Act compliance information. X Other Comments: We have considered this area of wetland to be approximately 100 -120 feet downstream of the boundary of public water wetland No. 2-545W, and probably the outlet. If authorized, the fill should be placed so as not to restrict flows or artificially raise water levels in the wetland. Notice: The DNR may be involved in review of your project proposal through comments to other government agencies or the local unit of government. If you have any questions, please feel free to contact me at 651-772-7910. Sincerely, , i',/ ~ /I~ t'/"./ ~ .Jt..."'1, '-'-"((M1IL t/ /'1c I Tom Hovey i / Area Hydrologist ,/ c: City of Centerville .; Rice Creek Watershed District, Steve Hobbs Anoka Conservation District, Becky W ozney U.S.Army Corps of Engineers, Tim Fell Ecological Services, Wayne Barstad RECEIVED SEP 0 , 2004 DNR Information: 651-296-6157 . 1-888-646-6367 . TTY: 651-296-5484 . 1-800-657-3929 An EqUid Opportunity Employer ^ Printed on Recycled Paper Conlainin~ a ...... MllllIllUIll 01 20'k Pmt-Consulller Waste Ianning & 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 Acceptance of Ray DeVine's Resignation 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 bv Commissioner Lakso. seconded bv Commissioner Wilharber to Table to the Next Meetin2. AU in favor. Motion carried unanimouslv. 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 bv Chair Hanson. seconded bv 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 Definitions. ............. ............. ............................. ............... ...... ............. ...........................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 ............................................................. .................................................1 0 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" streams, and ponds within the City of Centerville. 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 thc ordinance. B. Require an escrow deposit at the time of permit application as security that the provisions of the 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 .' ( Deleted: lanes 2.1 Statutory Authorization The City of Centerville has authority under Minnesota Statutes Chapter 497 to regulate erosion and sediment control for land distributing activities. This ordinance, as well as, Chapter 103 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 ofthis ordinance. 2.3 Responsibility Neither the issuance ofthe 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 hereunder 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 ofthis 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. H. 1. 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 controlling, preventing, and minimizing degradation of surface water, including construction-phasing, minimizing the length of time soil areas are exposed, prohibitions, and other management practices published by state or designated area wide planning agencies. D. Examples ofBMPs can be found in Protecting Water Quality in Urban Areas, Minnesota Pollution Control Agency 1989, and Storm Water Management for Construction Activities: Developing Pollution 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 aI, 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 which are designed to prevent erosion. Erosion. The wearing away of soil by rainfall, 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%) of the 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. Owner. The person or part possessing the title of the land on which the construction activities wiII 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"surfacel11ade()fasPl1alt,concret(:orotherpavel11el1L material. Examples include, but are not limited to, roads, sidewalks, driveways and parking lots. E. G. Page 4 of9 . (Deleted: smooth u. x. N. Permanent Cover. l'iIlal.st:al:lilization. . ~xarnplesinclude.gra~s~.gray~I'aspha1t? uand concrete. Permit. An official document or certificate issued by the City authorizing performance of a specified activity. Permittee. Ap~!~()I1.~JirI:I1?Qr go"eI1l1llen~aLageI1cYuor()th~fin*tlJti().I1. .~l1o .~igns~he . application submitted to the Agency and is responsible for compliance with the terms and conditions of this permit. Runoff Coeffi ci ent. .TI1~. J!ll(:t.i ()I1.. .().f. ~()~lll.. p!(:(:i pitllti()Il.tl1.a.t. i~.. Il()t.. .iIl.fi.1t!llt~.cl.. iIlt() .()f. otherwise retained by the soil, concrete, asphalt or other surface upon which it falls that will appear at the conveyance as runoff. Sediment. .TI1eupr()duc~()ranerosioIlP!()cess;soli.d .1l111teIjli.11:J()th IIliIlerala.ild . organ.i(:,. ..' 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 surface either above or below water level. Sediment Control. Metl1()cls ..e.I:I1pl())'(:cl. .~(). npr~" (:Il~ ms.e.cliJ:r1(:l)t. .g()Ill)e.llyillg.~I1~m~i.t(::mnmu Sediment control practices include silt fences, sediment traps, earth dikes, drainage swales, check dams, subsurface drainpipe slope drains, storm drain inlet protection, and temporary or permanent sedimentation basins. Soi I. .T)::1e..~(:()Il~().licla.t~cl.IIlil)e.1".a.I.lil)~.. ()!gani~..Ill.iIl.e.ral.IIlllte.ri.a.I. .()Il..tl1.e..il)1l)1~clill~e..~ll.ifll(:e.... of the earth. Stabilized. .TI1~.~xp()s.e.d..gr()l,ll1cl. sl:liface.)::1as.1:J~~.Il.. (:(),,(:1".e.~..l>Y. .~~ll1<.e.~. .~()cl~.riP!llP?-"'()()~... .'" fiber blanket, or other material which prevents erosion from occurring. Grass seed is not stabilization. Storm Water. other surface dewatering. Temporary Protection. M(:tllocls.eIllpl()Y(:clt()pre"enterosiol). E"atnples()Ue.I:I1P()rll!Y. mm m/' include; straw, wood fiber blanket, wood chips, and erosion netting. o. P. Q. R. S. T. V. .TI1~pr~9ipitli~i()l) nf.llll9ff,. st().!IIl \Vater !lJnoff",sno\Vumelt .11111()[t .8,Ilcl. anY u . runoff and drainage.,u..~to!l)1u\Vat(:r .doesun()tincluclem<:0l)~tI:lI9~i()Il.. sit(:m ._ W. 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 ........( Deleted: Means .......( Deleted: Means .........{ Deleted: Means ._ u..........{ Deleted: Means .( Deleted: Means ..--.{ Deleted: Means ..-.{ Deleted: Means ....{ Deleted: Means Deleted: (defined in 40 CF122.26 [b] [13]) ..{ Deleted: Means 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 Square Feet XX Cubic Yards Section 4.0: Erosion and Sediment Control Permits 4.1 General j\. Except as provided in Section 4.4, nogradingu ordeyelopment of any_kind shall be allowed without first having applied for and been granted an erosion and sediment control permit from the City. J3. n . . Ihegrantingnofan erosion and sedimentcontrolpermitcloesnot.abrogatetheapplicant's need to obtain permits required by other local, state or federal agencies. ,C. .. 'The.applicant.shall provid~the.c:ity\vith.~.non~refunclable.r~e.of$~. to. ..coyer..the.. cost of administration and inspection. The applicant shall further provide an escrow deposit of$.............. as security to ensure the provisions oft . Fees should be addressed in the fee schedule ...{ Deleted: L ..( Deleted: 2. .. [ Deleted: 3. 4.2 Application/Issuance of Permit 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: ~ The following information shall be submitted with a permit application: -..::.n{ Formatted: Indent: Left: OS' ..... ( Formatted: Bullets and Numbering Required Submittals: A. Site Plan. A map or a series of maps or drawings that contain information explained in the narrative. B. Narrative. 1. Project description m The nature and purpose of the land-disturbing activity and the amount of grading involved. 2. Phasing of construction m 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 - 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 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: .....-{ Formatted: Bullets and Numbering] A. Review. The City Administrator or designee shall fOlWard 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, m.. 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. _----f DeletEd: in the B. I . C. Disposition. An erosion and sediment control permit may be granted with or without conditions by a motion adopted by a simple majority ofthe City Council. An application may be denied in the same manner and such motion shall constitute a finding and determination by the City Council that the conditions required for approval do not exist. DeletEd: Notices. A notice describing 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 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. L-Disposal or storage of borrow material. .C;: ____._._._~g~~all_~!i<:lIl__()[_e~~t:Il~il:lI__~t:~i_c_t:s_'J.t::_~().a:~~,_~~it(l1)'u~t:~t:r,__t:t<:_:__ .__._ 4.4 Activities/Exceptions not Requiring a Permit .'!---,:------" Formatted: Indent: Left: 0.5", Hanging: 0.5", Tabs: 1", Left .... Formatted: Bullets and Numbering Formatted: Indent: Left: 0.5", Tabs: 1", Left .{ DeletEd: 3. The following activities may be undertaken without an Erosion and Sediment Control Permit: A. n.n_M~I1.tt:I.I~<:t:_<:lr~2'i.s~iI1g__y~~s}l1.tlJ,t:)g1P_<lc:t_~t:il",,_i!l:1nt~~..p~()Yi~i()IlutlJ,~tuIl.()ua.~~iti()IJ,~I.........._uu./. --I Deleted:]. vegetation be removed, mowed, or altered. Page 7 of9 ,8. j\Jewplanting and pruning of trees andshrubs. .C. ;Removal of trees, limbs, brush,branches that are dead,diseased, orposesafetyhazards. .0. Landscaping,including grading,thatdoes not exceed $500inmaterial and laboT. .E'u .'.. j\J on~cheIIlicaI, relTIoyal, of. state" certified. noxiousvveecis~, i.e:,u purple loosestrife", alsou within the wetland. ,F" , Construction, or install ation ,of any, structure, or, pervious ,material, within, the, iII1pact,area,.., such as a fence or bird house, which would not generate storm water runoff exceeding existing natural conditions. .0. Emergency work to preserve life or property; repairs or maintenance of any lawful use of land existing on the date of adoption of this 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:ouncil.u:rhec:ityushallbeunotifie~~tleastforty~eigl1t (48) hours prior to the commencement of work. J f the work is not initiated as specified, the permit shall be voided. SECTION 5.0 - V AlliANCES 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 District. Prior to granting a variance from this ordinance, the City Council must find that the variance: A. Will not result in any detriment to surface or groundwater resources which provide aquifer recharge. ,8: 0' , umWill. I1otincreasethefinancia] burdellsu onuth(.:coillrnunityby iI1creasing 0' overflovv "of water onto other areas. .C. nlsconsistentuvvith the City'sland useplanandpl~nningobjectivesuanduvvillnotincrease 0' or cause danger to life or property. .I)'un Is consistent withtheuobjectivesoLeI1collragingland,llsescoillpati~leu vvithmthe preservation of the natural land forms, existing trees, native vegetation and wetlands within the City. .E", 0' "u\yillnot,inclucie,developillent, of lalldanci ",aterareas,esselltial .tothestorageof,surfaceu, water, or include development of land and water areas which provide groundwater recharge. 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 ,r Deleted: 2 ,[ Deleted: 3. Formatted: Justified, Indent Left: OS', Hanging: OS', Tabs: 1", Left + Not at 0.5" :.,.( Deleted: 4 <'\.'( Deleted: 5. '( Deleted:. 6. Formatted: Justified, Indent: Left: OS', Hanging: OS', Tabs: 1", Left + "'" Not at 0.5" ""f Deleted: 7. [ Deleted: the City ,,( Deleted: I. ] ] I ..( Deleted: 2 ..{ Deleted: 3. ,( Deleted: 4. ..{ Deleted: 5. Adopted by the Centerville City Council this Mayor, Terry Sweeney City Clerk Published in the Quad Community Press on Page 9 of9 Oct. 18, 2004 To: Centerville City Council, If an opening still exists on the Planning and Zoning Comnission, I would like to be considered. I have nothing in a resume that shows any background for this comnission, but have a definite interest in the present and future of Centerville. I've resided here for 15 years. During the 37~ years that I was employed with 3M Co., I worked in prod- uction planning, inventory control, and production supervision. I served on the Centennial Lakes Police Commission for 3~ years and am currently serving on the Anoka County Corrmmity Corrections Advisory Board. ' Thank you for your attention to my intent. ~W7;C-/r Bob Wright, Jr. 7137 Brian Drive Centerville, MN 55038 (651) 426-5794 RECEIVED ... ...; ,U 200~ Effective: 2/11/77 City ofCenterville 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 ClerkBuilding 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. APPLICATIONS, 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 Centerville 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 Ord. #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, which 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 sc'.ver installer will be allowed to commence any se'Ner service installation \vithout first having obtained a license from the City of Centerville. 1^~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 t\venty five-dollars ($25.00). Homeowners-desiring to-Go-thcir o\vn wOTk shatl-Rot-be-re~o-obtain a liccnseo The application shall include such infonnation as is requested by the City for determining identity and a qualification to perform us an excavator or seV,Tr installer. Upon a determinatton--by the City Clerk that-the ap-pJ.i-eation-iu-€-BffljJlete-and--p roper i n--all-l'e5pwts-and--the--lteense-fee--is paid, the Clerk ~;hall issue the license. The term of the license shall Hili from the date of issue until December 31 of the year of issue, unless soener-terminated by the City Council.,+er breach of any of the terms-of th-is--Grdinanee,--ef---for--une*CttSea-faiI-Ul:~Fforffi-wi th tCffilS--of--any contract-ler installation of sewer services-\vith a resident of the City, er-fof causing damctge to pablie property. No part of the license fee shall be -reRmdeEl-Bpon a revoeation of the license. The license fee shall-not-be j3Fo-rated-fOf--any-feason: 5.60 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 pennit 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 Schedul e. R:esidential-EquWalentGharge-(l:Jnit}sha.J-l--b.e-assessed-initialI-y at--$-1,000 and commencing in year of 1977 shall b e increased $50 per year for a period of twenty (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 permit 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 of Centerville 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 an 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 final. 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 spccial \witten 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 (SG1 00) 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 unless 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 ofthe 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 defined 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 of the 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 nmsance. 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 refeby imposed upon each premises-served by tRe sevlage-sys{em-er e-tfler-wise--Elisc-fr3:rging--sewage-inte-tRe--s-ewage-systfffr.-g-ewemge-use--mt:e-shall---be-estaBH5flea-Bfi the basis of Residential Equivalent Charges (Unit) as provided in this Ordinance. Each unit assigned per dv;elling or equivalent shall be charged an annual se\ver charge of Fifty 1'.'.'0 Dolle,rs ~00) payaBle quarterl-y. An additional annual s'clrGflarg-e-ef Tv.:enty-fettr---f)e.lIars---f$;2M.G1 payable--ttuaft:erly-i-s----esi:ablisheEl-fer--all-units-assigfiet1:--\Vhere-a-meter-is-requirea-tG---EleterHri-ne usage, user "vill be charged $.95 pcr 1000 gallons of water used over 80,000 gallons per year: The meter reading vmuld be taken during the "'winter quarter". Said charges shall be subject to revie\v and change by City- Council-Resolution- from time to time. The-s-ewerabJ-C use rate established by City Council Fee Schedule Reselutien-f'Br-public-aunrpittg-station-sc-shall--be-ylaidte the City Clerk prior to discharge into any of said pHblic dumping station~;. 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 tfiere-ef 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 of ten 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 July August 31 st 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 10th 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 thereef,shaH Be-I*HH-&heEl-b-y-a--4-'i+le-fIDHG-e7H::'eed-thfee-hHndred-ElellftfS--{$300}~1i*i-sefl:ed--i}}--the County Jc~il for c', period not to exceed ninety (90) days, Of-Beth, plus the cost of pro~;ecution 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 PRlV ATE PROPERTY. The City Engineer and other duly authorized employees of the City bearing proper credentials and 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 11th day of May, 1977. ATTEST: (Signature on File) Walter Prachar, Mayor (Signature on File) Page 10 of 9 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 Effective: 2/11/77 City of Centerville Ord. #30 CITY OF CENTERVll..LE PLANNING AND ZONING COMMISSION OCTOBER 5, 2004 Pursuant to due call and notice thereof, the Planning and Zoning Commission held their regularly scheduled meeting on October 5, 2004, at 6:30 p. m. PRESENT: Michelle Lakso Brian Hanson Tom Wilharber Jennefer Klenniunt t JeffHanzal 0 None ABSENT: COUNCIL: Linda Broussard Vickers STAFF: ~s.~oore-Sykes I. CALL TO ORDER 1. Roll Call The meeting was called to order at 6:30 p.m. II. APPEARANCES 1. ~s. Karen Stutz. 1776 Steven Lane - Winter Parking Requirements ~s. Stutz appeared before the Commission and asked the City to consider amending the parking ordinance to allow for overnight on street parking during the summer months so that residents do not have to call dispatch and have an officer call them back to tell the officer that they have overnight guests. She then pointed out that the change would match Circle Pines and Lexington's ordinances. The Commission agreed to review the matter at its next meeting. Commissioner Wilharber expressed concerns about changing the ordinance including safety and security for residents because, with fewer cars on the street, it is easier for police to check out suspicious vehicles. Another issue is that there is the potential to have old junk, leaky cars and/or large RV's on the street posing safety hazards. He further commented that he spoke to the night officers and was told by them that they would like the ordinances to match but that they would prefer that the other cities change to match Centerville's ordinance. Page 1 of 4 City of Centerville Planning and Zoning Commission Meeting Minutes October 5, 2004 Chair Hanson asked that this matter be placed on next month's agenda for discussion. Ill. PUBLIC HEARING(S) 1. Lot Combination Request -Mr. Dennis ShudylMs. Colleen CarpenterlMr. Gerald Rehbein Chair Hanson opened the public hearing at 6:51 p.rn. Motion by Commissioner Wilharber. seconded by Commissioner Klennert Hunt to close the public hearin2:. All in favor. Motion carried unanimously. Chair Hanson closed the public hearing at 6:53 p.m. Motion by Commissioner Wilharber. seconded by Commissioner Lakso to recommend approval of the lot combination as reauested. All in favor. Motion carried unanimously. 2. Rezone Request 6716 Centerville Road - Mr. Richard Evans Chair Hanson opened the public hearing at 6:54 p.ll. Motion by Commissioner Wilharber. seconded by Commissioner Hanzal to close the public hearin2:. All in favor. Motion carried unanimously. Chair Hanson closed the public hearing at 6:54 p.rn. Motion by Commissioner Wilharber. seconded by Commissioner Lakso to recommend approval of the rezone of 6716 Centerville Road as reauested. All in favor. Motion carried unanimously. 3. Rezone the Following Properties Along Centerville Road and 7389 Old Mill Road - Mr. Craig Bode 6709 Centerville Road - Shonagh Boyle 6719 Centerville Road - Kruger 6759 Centerville Road - Koran 6831 Centerville Road - Carlson 6882 Centerville Road - SchwartzlEmly 6892 Centerville Road - Vanderbeek 6925 Centerville Road - W oiak 6937/6939 Centerville Road - Greenwaldt 6945 Centerville Road - Henrich 6953 Centerville Road - Barett 6961 Centerville Road - Dean Anderson Page 2 of 4 City of Centerville Planning and Zoning Commission Meeting Minutes October 5, 2004 6977 Centerville Road - Rider 6849 Centerville Road - Wilharber Chair Hanson opened the public hearing at 6:55 p.m. Commissioner Wilharber indicated he would be abstaining from voting and asked that his address of 6849 be included on the agenda as it was included in the public hearing notice. Motion bv Commissioner BanzaI. seconded bv Commissioner Klennert Bunt to close the public heann!!. All in favor. Motion carried unanimouslv. Chair Hanson closed the public hearing at 6:56 p.m. Commissioner Hanzal asked whether all the setbacks and requirements are met with all of the lots. Chair Hanson indicated that the requirements are satisfied. Motion bv Commissioner Klennert Bunt. seconded bv Commissioner Lakso to recommend aporoval of the rezonin!! of the above-listed oroperties as reauested. Aves - 4. Navs - O. Abstain -l(Wilharber). Motion carried. IV. OLD BUSINESS None. V. NEW BUSINESS 1. Ordinance #16 - Use of Highways Within the City of Centerville and The Imposing Penalties for the Violation Thereof. Section #4 - Review This item will be discussed at the November meeting. 2. Re-Schedule November 2.2004 Meeting (General Election) The Commission agreed to reschedule the November meeting for November 1,2004. VI. DISCUSSION ITEMS A man addressed the Commission and indicated he was interested in purchasing the house next to City Hall for a small auto dealership. He then asked whether it would be possible to have such a business in that location. The Commission discussed the matter and he was informed that the property would need to be rezoned and it is not likely that the City would do so as that side of the street is residential and to rezone this parcel could be considered spot zoning. Page 3 of4 City of Centerville Planning and Zoning Commission Meeting Minutes October 5, 2004 Council Liaison Broussard Vickers suggested that the man speak to Mr. Palzer concerning whether the building could meet the commercial building requirements. VIT. CONSIDERATION OF MINUTES 1. September 7. 2004 Planning and Zoning Meeting Minutes Motion by Commissioner Wilharber. seconded by Commissioner Banzai to approve the Minutes of September 7. 2004. as presented. All in favor. Motion carried unanimously. VITI. ADJOURNMENT Motion by Commissioner Wilharber. seconded by Commissioner Lakso to Adiourn the October 5. 2004 Plannin!! Commission Medin!! at 7:15 p.m. All in favor. Motion carried unanimously. Transcribed by: Joan Lenzmeier, Recording Secretary TimeSaver Off Site Secretarial, Inc. Page 4 of 4 "I AdvP.Jlced Zoning And Land Use J~. - J Page 1 of3 Kim Moore-Sykes From: Lorman Education Services [customerlist@lorman.com] Sent: Friday, October 08,2004 12:48 AM To: ksykes@centervilleri1n.com Subject: Advanced Zoning And Land Use in MN ADVERTISEMENT November 19th, 2004 S1. Paul, MN lORMlff Advanced Zoning And Land Use eDUCATiON SERVICES l~ijfI.O~~'5~N1'lI." Highlights we think will interest you include: This one-day program is designed to further participants' knowledge and understanding of the key issues related to land use planning and zoning. The seminar will focus on the latest developments in state and federal law in this hot button area. Participants will leave with an enhanced knowledge of the issues and the skills needed to address the unique challenges presented in this field. 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For more information regarding administrative policies or to make suggestions, please contact our offices at 888- 678-5565. This seminar may be recorded. Your registration constitutes your consent to such recording. Lorman Education Services 12510 Alpine Rd. I Eau Claire, WI I 54703 To unsubscribe or adjust your settings for future commercial email messages click here or email customerlist@lorman.com with unsubscribe as the subject or call 1-800-752-0244. 10/8/2004 / / October 28, 2004 Dear Members of Planning and Zoning Commission: First of all, let me introduce myself. I am a local owner of a real estate company Centennial Lakes Realty, Inc. I just started my own brokerage when my broker retired in MN. I have worked in Real Estate for 9 years since 1995 part time. During this time I have also worked at Prudential Life Insurance as a licensed service representative until 1999 and at Qwest Communications until lay off last week. I have a Bachelors degree in Business Administration with a minor in Human Resources and a minor in Safety :from the U of Wisconsin - Stout. Personally, I am married with 2 children and reside in Centerville, moving here :from Maplewood. We chose Centerville due to its size convenience to the Metro. I grew up in a town of 4000 and want my children to enjoy the similar lifestyle that I enjoyed growing up. Please contact me if you have any questions or concerns regarding this letter, my background and qualifications. Thank you and have a great day! Respectfully, Thomas P. Wood 651-426-0212 Home 651-276-5511 Cell CentenniaILakesRealty@msn.com