HomeMy WebLinkAbout2004-02-03 P & Z Packet
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PLANNING AND ZONING COMMITTEE
MEETING AGENDA
TUESDAY, FEBRUARY 3, 2004
6:30 p.m.
I. CALL TO ORDER
1. Roll Call
n. PUBLIC HEARING (S)
m. APPEARANCES
IV. OLD BUSINESS
v. NEW BUSINESS
1. Consideration of Additional Language to Snowmobile Ordinance #17-A to Include
"Recreational Motor Vehicles - (ATV, Motorized Bicycle, Motorized Skateboard,
etc.)
2. Draft Ordinance #79 - Erosion and Sediment
3. Acceptance of Mr. Ray DeVine's Resignation from Commission - Purchase of
Plaque
4. Re-scheduling of March 2,2004 Regularly Scheduled Meeting to February 17,
2004 Due to Caucuses
VI. DISCUSSION ITEMS
1. Ordinance #4 - New Format will be Continued Next Month
2. Update on Ordinance #75 - Slaughterhouse Moratorium Extension
VIL CONSIDERATION OF MINUTES
1. January 6, 2004 Planning and Zoning Meeting Minutes
vm. ADJOURNMENT
01121/04 WED 10; 46 FAX 612 784 0082
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SECnON 8.30' RECREATIONAL MOTOR VEHICLES AND SNOWMOBILES
Subd. 1. DefInitions. For the purposes of this section, the terms defined shall
have the meaillngs given them.
A. <<All Terrain Vehicle" or "A1V" - Ttai! bikes, amphibious vehicles,
three and four wheelers an~ similar devices, other ~an snowmobiles,
used ~t least partially for travel on natural terrain, but not "special
ID()bile equipment" as defined in M.S.A. 168..011, Subdivision 22,
which is hereby incorporated herein by reference.
;B. "Deadman Throttle ~r Safety Throttle" - A device which when pressure
" is removed from the engine accelerator or throttle, causes the motor to
be disengaged from the driving mechanism.
,C. ''MQtorcycle'' - Every motor vehicle having a seat or saddle for the
use o(the rider and designed to travel on not more than three wheels
in contact with the ground, not designed for street or highway use
iricluding motor scooters and mini:'bikes.
D. "'Mi>torlzed BicyCle".- A bicycle with fully operable pedals which may
be propelled by human power or a motor, or by both, with a motor
o capacity of less than 50 cubic centimeters pi~ton displacement, and a
maximum of five horsepower, which is capable 0 of a maximum speed
of not more than 30 miles per hour on a flat surface Yv"itb. not more
than one percent grade in any ~ction when the motor is engaged.
E. <<Motorized Skateboard'~ - A device consisting of two or more wheels,
'onOImally propelled by human power, with a mqtor capacity of less
than 50 cubic centimeters piston displacement, and a maximum of
fivl~ horsepower, which is capable of a maximum speed of not more
than 30 miles per hour on a flat surfaCe with not mare than one
percent grade in any direction when the motor is engaged.
F. "Operate" - To ride in or on and have c~ntrol of a recreational motor
vehicle including snowmobiles.
G. "Operator" - The person who operates or is in actual physical control
of a recreational motor vehicle including snowmobiles.
H. "Owner" - A person, other than Oa lien holder, having a property interest
. in, or title. to, a recr~ational motor vehicle including snowmobiles,
wbo is entitled to the use or possession thereof.
1. ~Recreati.ona1 Motor 'vehicle" - Any self-propelled vehicle and any .
vehicle propelled or drawn by a self-propelled "Vehicle used for
recreational ptUposes, including but not limited to a motor cycle,
motoriZed bicycle, motorized skateboar~ all-terrain vehicle or ATV,
hovercraft; or motor vehicle which is being used for recreational
purposes.
-:-104-
, 'Amended Section 8.30 Ord. 11-7-96
Publication: Quad Paper 12-31-96
01/21/04 WED 10:46 FAX 612 784 0082
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J. "Right of Way" - The.entire strip ofland traversed by a highway or
street in which the public owns the fee or an easement for ro~dway
purposes.
K. "Road""ay" - That portion of a highway or ~eet improved, designed or
ordinarily-used for vehicular travel.
i,1 L. "Snowmobile" - A self-propelled vehicle designed for travel on snow
or ice or natural terrain steered by wheels, skis or runners.
M. "Street" - A public thoroughfare, roadway, alley, or trail used for
motor vehicular ,traffic which is not an interstate, trunk, county-state
aid, or coimty highway.
Subd. 2. Recreational Vehicle Operating restrictions. It is UIilawful of any person
to operate' a recreational motor vehicle ~ follows: ,
A. On a public street or highway within the corporate limits of the City of
Lexington.
J B. On a public sidewalk, boulevard or walkway provided 'or used for'
, pedestrian travel.
~ iY 1) C. On a private property of another without lawful authority or permission
~'d J. ~ of the owner or occupant.
, \\ \Y ' D. On any lands owned or occupied by a public body, including but not
cr limited to, school grounds, park property, playgrounds, recreational
" ! areas, private roads, platted but unimproved roads, utility easements,
\ \f.' ,'~ 'public trails and golf courses. Provided, however, that the CO,uncil
, )\. \;v may, by resolution. specifically permit use on City property, in which .
\Y . event the shortest route to and from areas so permitted shall be used.
Y: E. While the operator is under the influence of alcohol, narcotics, or a
~ controlled substance.
'\ F. At a speed greater than reaso~able or prudent under all of the
. surrounding circumstances.
G. In a careless, reckless or negligent manner so as to endanger the person
or property of another or cause injury or damage thereto.
H. Towing any person or thing except through the use of a rigid tow bar
attached to the rear of the recreational motor vehicle. ' ,
,1. In a manner so as to create a loud, unnecessary or unusual noise which
disturbs, annoys' or interferes with the peace and quiet of other persons.
J. By chasing, runnirig over, Or killing any animal, wild or domestic.
Subd.3. Owner Responsibility.
A. It is unlawful for the owner of any recreational motor vehicle to permit
-105-
Amended Section 8.30 Ord. 11-7-96
Publication: Quad Paper 12-3 )~96
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its, operation on private property without permission of the owner or
occupant, on City property without permission of the Council, or on
other public property without permission of the body in charge thereof.
B. Every person leaving a recreational motor vehicle in a public place
shall lock the ignition, remove the key and take the same with him.
~Subd. 4. Snowmobile Operating Restrictions. ' .
'f\ty A. It is the intent of this Section to supplement Minn. Stat 84.82 - 84.911,
u 't and Minn. Stat. Chap. 169, with respect to the operation of
,: :l Y (\/ snowmobiles. Such statutes are incorporated herein by reference.
'vi * This section is intended to be m.ore restrictive than the state statutes.
Subd.5. Unlawful Use. Except as otherwise allowed, it is unlawful for any
person to operate a snowmobile within the lirnits of the City:
A. On. any roadway except the most right-hand lane when available for
traffic or as dose as practicable to the right-hand curb or edge of the
roadway, except when overtaking and passing another vehicle stopped
in that lane or proceedmg in the same direction, or in making a left
turn. Snowmobiles may also be operated upon the out-side slope of
trunk, county-state aid and county highways where such highways are
so configured within the corporate limits.
, B. On a public sidewalk or trail provided for pedestrian travel.
C. on boulevards Within any public right of way.
D. On private property of another without specific permission of the
owner or person in control of said pr<?perty. ,
. E. Upon any school grounds, except as permission is expressly obt.aiJ:ted
from responsible school authorities.
F. On any public property, playgrounds or recreation areas, except areas
previously listed or authorized for such use by the Council, in which
case the use shall be lawful, and snowmobiles may be driven in. and
Clut of these areas by the shortest route. Authorized areas in the city
shall be designated by resolution of the Council.
G. On streets as pennitted by this section at a speed exceeding ten (10)
miles per hour. ,
H. On posted portions of the Rice Creek snowmobile trail at a speed
exceeding thirty (30) miles per hour.
I. The Anoka County Cwfew Ordinance for minors 'under the age of: 17 is '
hereby adopted by reference and shall apply to the operation of
snowmobiles by youthful operators. For operators 18 years of age or
older it shall be unlawful to operate a sno\VIl1.obile within the city
- I 06-
Amended Section 8.30 Ord. 11-7-96
Publicati~n: Quad Paper 12-31-96
01/21/04 WED 10:47 FAX 612 784 0082
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limits during the following times:
1. During the hours from 10:00 o'c!ockp.m. to 7:00 o'clock a.m.,
Sunday through Thursday; and
2. 12;00 o'clock am. to 8:00 o'clock am., on other days. This
-provision is not intended to prohibit snowmobiles from '
operating on city streets during the specified hours, ho~ever
snowmobiles may proceed to and from their residence by street
utilizing the most direct route for the purpose of accessin,g the
designated snowmobile trail while entering 'and exiting the City
of Lexington.
j. Within two hundred (200) feet of church propert"j dlll-ing the hours of
church services, and during the hours of other church functions wher~
. the ope:ration of snowmobiles would interfere with such church
functions. This provision is not intended to prohibit snowmobiles from
operating on city streets aq,jacent t<;> church property during the hours
speci.fi,~d.
, '
Subd. 6. Traffic Ordinances. City traffic ordinances and state statutes s~ll apply
to the operation of snowmobiles upon streets and highways except those which by their
nature have no application.
Subd- 7~ Uncontrolled Intersections. No snowmobile shall enter any uncontrolled
intersection without making a complete stop. The operator shall then yield the right of
way to any vehicles or p~~destrians at the intersection, or so close to the intersection as to
constitute an immediate hazard.
Subd. 8. Persons under 18. No person under 14 years of age shall operate a
snowmobile upon the public streets or highways or make a crossing of a city street as the
operator of a snowmobile. A person 14 years or older, but less than 18 years of age, may
operate a snowmobile on. streets as permitted und.er this Section, and make a crossing of
such'stre~ only if the person has in their immediate possession a valid sno~obile
safety certificate issued by the Commissioner ofNamral Resources as provided by Minn.
Stat 84.86. It is unlawful for the ov.ner of a snowmobile to permit the snowmobile to be
operated contrary-to the provisions of this section.
Subd. 9- Violation a Misdemeanor. Every person ~ho violates a section,.
subdivision, paragraph or provision of this Chapter when he/she performs an act thereby
prohibited or declared unlawful, or fails to act v.;hen such failure, is thereby prohibited or
,declared unlawful, and upon conviction thereof" shall be guilty of a Misdemeanor.
-107-
, . Amended Section 8.30 Ord. 11-7-96
Publication; Quad Paper 12-31-96 '
01/21/04 WED 10:48 FAX 612 784 0082
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4. Keys in Vehicle 1'0.00
5. Occupied Vehicle Prohibition 10.00
6. Within 30 Feet of Stop sign 10.00
7. . Blocking Mail Box 10.00
8. All Other Violations 5.00
.~
Subd. 2 Petty Misdemeanor. Once a notice as set forth
above have been given, and' a period of seventy-two (72)
h~:)Urs has elapsed wit"hout satisfaction as ,provided herein
having been mads/ a complaint will be issued. Upon issuance
of a complaint the penalty will be that set for a petty
misdemeanor and will be deterrt~ned by the Court.
SECTION 1115 - REGULATING ALL TERRAIN VEHICLRS
1115. 01 Definitions. pnless the co~text indicates otherwise,
the following terms have the meanings'stated:
Subd. 1 All Ter'rain'Vehicle or A'I'V"Trail bikes" / mini
bikes, amphibious ,vehicles and similar devices, other than
snowmobiles, used at least partially for travel. on natural
terrain, but not "special mobile equipment" defined in Minn.
Stat. S 168.011, Subd. 22.
Subd. 2 Owner. A person other than a lien holder
having the p:roperty in or title to an ATV or entitled to the
use or possession thereof.
Subd. 3 O!?erate.
operation of an ATV. .
To' ride In or on, and control, the
subd..4 Operator. Every person ~ho operates or who is
.in actual physical control of an ATV.
Subd. 5
device .which
accelerator
or throttle causes
driving mechanis~.
Dead Man Throttle
when pressure i~
or Safety Throt.tle. A
,removed from the emglne
the
motor
to be
dio?engaged
from
the
Subd.
driveways
6 Natural terrain. Areas .other than roadways' or
(private or public) parking lots, and other areas,
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t.he surface of which has been intentionally modified for
motor vehicle operation thereon.
1115.02 UnJ.awflJ,l Use - Areas. Except as otherwise allowed, it
is unlawful for any person to operate an ATV not licensed as a
motor vehicle within the limits of the City:
a. On the portion of any right-of-way of any public
highway, , street, road, trail or alley used for motor
vehicle travel.
b. On a public sidewalk provided for pedestrian
travel~
c. On boulevards within any public right-ot-way.
. d. On private property of another without specific
permission of the owner or'person in control of said
property.
e. Upon any school grounds except as permissi.<;m is
expressly obtained from responsible school
authorities.
f. On public property, playgrounds and recr,eation
areas, except areas previously listed or authorized for
such use by the Park Board, in which case such use
shall be ,lawful and ATV~ may be driven in and 'out of
such areas by the shortest 'route. Authorized areas in
the City shall be, designated by-resolution ,of the Park
Board.
,g. During the hours from 10:00 o'clock p. m. to 7:00
a. m. closer than one hundred (100) feet from any
residence.
h.' Within two hundred (200) feet of church property
during the hours of church s.ervices, and during the
hours of other church 'functions.
~115 :03 Unlawful Use ,- Conditions. It is unlawful for any
person to operate an ATV not, licensed for highway use, or ATV
licensed for highway use, when operating ,on na~~~al terrain
within the limits of the City:
a. ,A.t a
reasonable or
circumstances.
rate of speed greater
proper und~r all surroundi~g
than
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b. At any place in a careless, reckless or negligent
manner, or needlessly ~n disregard of the rights or
safety of others, or in a manner so as to endanger or
be likely' to endan,ger or cause inj ury or damage to
any person or property.
c. So as to tow any person or thing except through
use of a rigid tow bar attached to the rear of the ATV.
d. Within
pedestrian,
area, where
or endanger
one hundred (100) feet of any fisherman,
.skating rink, sliding area or recreation
the operation would conflict with the use,
other persons or property.
e. On natural terrain within any public right-of-way,
public property, or private property of another,
without specific permission,of the owner or person in
control of said property, along the north and south
sides of Lak~ Drive (old U.s. Highway No. '8).
f. In such areas of natural terrain as the Council
may, by resolution, designate as unauthorized areas for
the use of ATV' S. Any such areas designated by the
Council shall be marked .clearly with appropriate signs'
or fenced off or otherwise physically restricted for
use by ATV'S.
~115. 04 Eq1.iipms1nt Requirements.
to operate an ATV 'any place within
with the following:
It is unlawful for' any person
the City. unless it is equipped
a. Standard mufflers which ar~ properly attached and
which reduce the noise of op~ration of the motor to the
minimurn necessary for operation. No person shall
use a muffler cutout, bypass, straight pipe, megaphone,
expansion chamber, or similar device on an ATV motor.
b., Brakes adequate to control the movement. of, and to
stop and hold, the ATV under any condition of
operation.
c. A safety or. so-called "dead man throttle" in,
operating condition.
d. When. operated between the hours of one-half hour
after sunset to one-half hour before sunrise or at
times of reduced visibility, at least one clear lamp
. attached to the front with sufficient intensity to
reveal persons and vehicles' at a distance of at
least one hundred (100) feet ahead during the hours of
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141 009
darkness and under normal atmospheric conditions.
Such rcead lamp shall be" so aimed tha.t glaring
rays 2"re not proj ected into the eyes of an oncoming
ATV operator. "It shall also be equipped with at
least one red tail lamp having a minimum candle power
of sufficient intensity to exhibit a red light
plainly visible from a distance of five hundred (500)
feet to the rear during hours or darkness and under
normal atmospheric conditions.
e . Reflective material "at least sixteen (16) square
inches on each side forward of the handle bars or
steering device of an ATV so as to reflect light at a
ninety degree (90) angle.
1115.05 Removal of Key. Every person leaving an ATV on a
public place shall lock the ignition, remove the key and take the
same wi~h him/her.
11~5.06 Animals. It is unlawful to intentionally drive, chase,
run over or kill any animal with an ATV.
1115.07 Police Exemption. Any licensed peace officer acting in
their official capacity is exempt from the provisions of this
Section 1115.
Section 1120
REGULATING USE AND OPERATION OF SNOWMOBILES
1120.01 Intent. It is the intent of this Section to
"supplement Minn. Stat. 5584.82 84.911, and" Minn. Stat. Chap.
169, with respect tOo the operation of snowmobi1e"s. Such statutes
are incorporated herein by reference. This Section is
intended to be more restrictive than the state statutes.
1120.02 . Defini.tions : Unless. the context otherwise indicates,
the following terms have the state meanings:
Subd." 1 Snowmobile. A self-propelled vehicle designed
ror travel "on snow or ice, steered. by skis or runners.
Subd. 2 Owner. A person, other than a
lien holder, having a property, interest In or
title to. a snowmobile, or entitled to the use or
poss.ession of the snowmobile.
Subd. 3 Operate. To ride in or on, and control the
operation of a snowmobile.
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Effective: 4/24/91
City ofCenterville Ord. #17-A
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF CENTERVILLE
ORDINANCE #17-A
AN ORDINANCE REGULATING THE USE AND OPERATION OF SNOWMOBILES IN THE
CITY OF CENTERVll..LE, AND REPEALING ORDINANCE NO. #17 RELATING TO THE
SAME SUBJECT.
The City Council of the City ofCenterville, Minnesota, does ordain:
SECTION 1. INTENT.
Operation on Streets and Highways - Operation of snowmobiles upon the roadway, shoulder, inside bank,
slope of any street or highway, ditch or on the outside bank within the right-of-way of any street or
highway is permitted in conformance with State Law and City Ordinance within the corporate limits of the
City of Centerville.
SECTION 2. DEFINITIONS.
For the purposes ofthis Ordinance, terms defined herein shall have the meaning ascribed to them.
. Direct Crossing: A snowmobile may make a direct crossing of a street or highway
provided the following:
1. The crossing is made at an angle of approximately ninety (90) degrees to the
direction of the street or highway and at a place where no obstruction prevents a
quick and safe crossing.
2. The snowmobile is brought to a complete stop before crossing the shoulder or main
traveled way of the highway.
3. The driver yields the right-of-way to all oncoming traffic which constitutes an
immediate hazard.
4. In crossing a divided street or highway, the crossing is made only at an intersection
of such street or highway with another public street or highway.
5. If the crossing is made between the hours of one-half (1/2) hour after sunset to one-
half (1/2) hour before sunrise or in conditions of reduced visibility, only if both
front and rear lights are on.
Page 1 of5
Effective: 4/24/91
City ofCenterville Ord. #17-A
No snowmobile shall enter any uncontrolled intersection without making a
complete stop. The operator shall then yield the right-of-way to any vehicles or
pedestrians which constitute any immediate hazard.
. Operate: To ride in or on, and control the operation of a snowmobile.
. Operator: Every person who operates, or is in actual physical control of a snowmobile.
. Owner: A person, other than a lien holder having the property in or title to a snowmobile,
or entitled to the use or possession thereof and is responsible for damages unless the
snowmobile is stolen.
. Person: An individual, partnership, corporation, the state and its agencies and subdivision,
and any body of persons, whether incorporated or not
. Roadway: That portion of a highway or street improved, designed or ordinarily used for
vehicular travel.
. Snowmobile: A self propelled vehicle designed for travel on snow or ice, steered by skis
or runners.
. Street: A public thoroughfare, roadway, alley, or trail used for motor vehicular traffic
which is not an interstate, trunk, county-state aid, or county highway.
. Right-of-Way: The entire strip of land traversed by a highway or street in which the
public owns the fee or an easement for roadway purposes.
. Deadman Throttle or Safety Throttle: A device which when pressure is removed from
the engine accelerator or throttle, caused the motor to be disengaged from the driving
mechanism.
SECTION 3. RESTRICTIONS.
It is unlawful for any person to enter, operate or stop a snowmobile within the limits of the City of
Centerville:
1. On the roadway of any street, except the most right hand lane then available for traffic or as
close as practicable to right hand curb or edge of the roadway, except when overtaking and
passing another vehicle stopped in the lane or proceeding in the same direction, or in
making a left turn. Snowmobiles are also prohibited upon the inside slope and roadway of
any trunk, county-state aid and county highways where such highways are so configured
within the corporate limits.
2. On a public sidewalk provided for pedestrian travel.
3. On boulevards within any public right-of-way.
4. On private property of another without specific permission of the owner or person in
control of said property.
5. Upon any school grounds, except as permission is expressly obtained from responsible
school authorities.
Page 2 of5
Effective: 4/24/91
City ofCenterville Ord. #17-A
6. On public property, playgrounds and recreation areas, except areas previously listed or
authorized for such use by the Park Board, in which case such use shall be lawful, and
snowmobiles may be driven in and out of such areas by the shortest route. Authorized
areas in the City of Centerville shall be designated by resolution of the Park Board and
approved by the City Council.
7. On streets as permitted by this ordinance at a speed exceeding ten (10) miles per hour.
8. During the hours of 10:00 p.m. to 7:00 a.m., Sunday through Thursday, and 12:00 p.m. to
8:00 a.m., Friday and Saturday. This provision is not intended to prohibit snowmobiles
from operating on City streets during the hours specified herein. Nor shall it prohibit the
operator of a snowmobile from entering or leaving the City of Centerville during the above
hours, providing that the operator of a snowmobile utilized the most direct route of travel to
and from the operator's residence or destination.
9. Within two hundred (200) feet of church property during the hours of church services, and
during the hours of other church functions. This provision is not intended to prohibit
snowmobiles from operating on City street adjacent to church property during the hours
specified herein.
10. At any place, while under the influence of intoxicating liquor or drugs.
11. At any place in a careless, reckless or negligent manner so as to endanger the person or
property of another or to cause injury or damage thereto.
12. The owner shall be held responsible for violations to this ordinance regardless if the owner
is operating the snowmobile or not.
SECTION 4. TRAFFIC ORDINANCES.
City traffic ordinances shall apply to the operation of snowmobiles upon streets and highways, except for
those relating to required equipment, and except those which by their nature have no application.
SECTION 5. TRAFFIC YIELDING.
No snowmobile shall enter any uncontrolled intersection without making a complete stop. The operator
shall then yield the right-of-way to any vehicles or pedestrians at the intersection, or so close to the
intersection as to constitute an immediate hazard.
SECTION 6. PERSON(S) UNDER 18.
1. No person under 14 years of age shall operate on streets or make a direct crossing of a City
street as the operator of a snowmobile. A person 14 years of age or older, but less than 18
years of age, may operate a snowmobile on streets as permitted under this Ordinance, and
make a direct crossing of such streets only if he has in his immediate possession a valid
snowmobile safety certificate issued by the Commissioner of Natural Resources as
Page 3 of5
Effective: 4/24/91
City ofCenterville Ord. #I7-A
permitted in conformance with state law, or a valid motor vehicle operators license issued
by the Commissioner of Public Safety or the drivers license authority of another state.
2. It is unlawful for the owner of a snowmobile to permit the snowmobile to be operated
contrary to the provision of this section.
SECTION 7. SURROUNDlNGS.
It is unlawful for any person to operate a snowmobile within the limits of the City ofCenterville:
1. So as to tow any person on a public street or highway except through use of a rigid tow bar
attached to the rear of the snowmobile. Exception: A disabled snowmobile may be towed
to a private residence without the use of rigid tow bar.
2. Within one hundred (100) feet of any fisherman, pedestrian, skating rink or sliding area
where the operation, would conflict with use or endanger other persons or operation in
those areas at a speed greater than reasonable and prudent.
SECTION 8. MACHINE REQUIREMENTS.
It is unlawful for any person to operate a snowmobile any place within the limits of the City of Centerville
unless it is equipped with the following:
1. Brakes adequate to control the movement of, and to stop and hold, the snowmobile under
any condition of operation.
2. A safety or so called "deadman" throttle in use and in operating condition.
3. When operated between the hours of one half hour after sunset, to one half hour before
sunrise, or at times of reduced visibility, at least one clear lamp attached to the front, with
sufficient intensity to reveal persons and vehicles at a distance of at least one hundred (100)
feet ahead during the hours of darkness under normal atmospheric conditions. Such head
lamp shall be so aimed that glaring rays are not projected into t.he eyes of an oncorojng
snowmobile operator. It shall also be equipped with at least one (1) red to exhibit a red rear
light plainly visible from a distance of five hundred (500) feet to the rear during hours of
darkness under normal atmospheric conditions.
4. Reflective material at least sixteen (16) square inches on each side, forward of the
handlebars, so as to reflect lights at a ninety degree (900) angle.
SECTION 9. IGNITION.
Every person leaving a snowmobile on a public place shall lock the ignition, remove the key and take the
key with him/her.
SECTION 10. PENALTIES.
Any person who owns or is operating a snowmobile that violates, disobeys, omits, neglects or refuses to
comply with the provisions of this Ordinance shall be guilty of a misdemeanor and upon conviction shall
be punished as defined by State Statute.
Page 4 of5
Effective: 4/24/91
City ofCenterville Ord. #17-A
SECTION 11. SEVERABn..ITY.
Should any section, subdivision, clause or other provision of this Ordinance be held to be invalid by a
court of competent jurisdiction, such decision shall not affect the validity of the Ordinance as a whole, or
of any part thereof, other than the part held to be invalid.
Adopted by the City Council this 24th day of April, 1991.
(Signature on File)
Mayor, George Haberman
ATTEST:
(Signature on File)
Clerk/Administrator, Tamara M. Mitz-Miller
Published in the Quad Community Press on May 28, 1991.
Amended:
Published in the Quad Community Press on
Page 5 of5
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF CENTERVllLE
TABLE OF CONTENTS
ORDINANCE #79
PAGE NUMBER
SECTION 1.0: COUNCIL FINDINS, PURPOSE, AND MEANS
1.1 Findings ........................ ........... .......... .................. ..." ...... ..... ..... ............. .................. 1
1.2 Purpose ..... ....... ........... ............. ...... ... ..... ..................... ......... ...... ...... ...... ...... ....... ..... 1
1.3 Means ....... ................... .......... ......... ................... .......... ....... ............... ...,. ................. 1
SECTION 20: GENERAL PROVISIONS AND DEFINITIONS
2.1 Statutory Authorization ................... .................. .................. ...... ............. ..................2
2.2 Scope ............ ... "'.m ..... .................. ..... ...... .................. ......... ..... ...... ..... ... ..... ....... ..... 2
2.3 Responsibility .............. .......... ........ ........... ........ ..... ......... ....... ................. ................. 2
2.4 Severability ................. ........... ......... .......... ..... ........ ................. ..m....... m ...... ............ 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 ApplicationJIssuance of Permit ................ .......... ..... ................. ..................... ............ 7
4.3 Activities Requiring a Permit.......... ................... ....................................................... 9
4.4 Activitie&'Exception Not Requiring a Pennit............................................................ 9
4.5 Time ofPennit .................. ...... ........ ................. ........... ......... .................. .................. 10
SECTION 5.0: VARIANCES AND APPEALS
5.1 General........................................................................................................ ..... ........ 11
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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 su~h regulations associated with erosion and sediment control.
The City Council of the City ofCenterville ordains as follows:
SECTION 1.0: Council Findinl!s. Purpose. and Means
1.1 Findings
The City Council fmds 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.,__str:e11q1S,.all~ JJ01~s"cithiJ1.the .9ty oXC.eIlt~ill~. ...... ... ... ......... n.... n
1.3 Means
The City intends to implement this ordinance through the follmving 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
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
.1
Statutory Authorization
The City of CentelVille 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 pennit 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 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 pennittee 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.
25 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.
26 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.
1. 7 Defi.iti... +!(w~ t]; ~ Ord C ~ I)
(Terms not defmed in this ordinance shall have the meaning customarily assigned to them as a matter of
general usage.)
Alteration Any change or modification of land, water, vegetation or existing structure in
a wetland or wetland impact area.
L~~~
WP~ *~
A.
Page 3 of9
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 ofHMPs 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 ofland 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. 1ms 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
llllpaved 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 a,T}d 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 will 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,. Sllfface I11lld~oK llsp'hlllt, c:oI1cret~ ~r otl1~IJ)a\Tell1~Ilt __
material. Examples include, but are not limited to, roads, sidewalks, driveways and
parking lots.
E.
F.
G.
H.
I.
J.
K.
L.
M.
Page 4 of9
_.' { Deleted: smooth
~:;r
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N.
Permanent Cover. J;)~?L ~~1?~~<?~:_. _~~p~~~ j~~l~~~_ J~!_~~L~Y~!L !!~~t:,h~~__' _. _ _ ___ _.- - --- { Delet....: Means
concrete.
l'ermit....An official document or certificate issued by the City authorizing performance of
a specified activity.
Permittee. A_~~~ J~._<?!"__g~Y~~~~Ll!g~'?y'_o!._<?~~_~~<?!"!_~~_~~_!l?-_~________h_-/'{ Delet....: Means
application submitted to the Agency and is responsible for compliance with the terms and
conditions of this permit.
RWlOff Coefficient ~~_.1?:~~E~~ _ ~f_~~~__P!~~~R~~~()~ ._~?t__~_ _J?~~ _~1?:~!~ _.~~_ ~~ ___._ ______. ..-.- { Delet....: Means
otherwise retained by the soil, concrete, asphalt or other surface upon which it falls that
will appear at the conveyance as nmoff.
Sediment. ~~_~~~~!_~f.~_~<?~~<?!"!_P.I:~~_s~__~o.Ij~_~_l!~_.l?~!l?o_~~?:l__~<:l_ ~!"g~c, _____h___ _ __- - - -{ Delet....: 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 surface either above or below water level.
Sediment Control. M~~~:;'_~R!(}Y~.<!__~(}__}J~~~~!__~~~~_.f!_()!Il._J~~~g __1}:1~ __~!t:: __ h___h __----- -{ Delet....: Means
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.
Soil. .TI1~_~~~_1j~!~_~~l!!_ ~__()~g~~_~~l!!.IE?t~~_~J?_~t:_ !1l!!!I~!~~~_~~~___________- _--.-{ Delet....: Means
of the earth.
Stabilized. J1l:t:_~~(}_~_gr:()~~. ~~C~hJ.?~~_~t:~_~~Y~~9: _~Y_ ~~__~~,_!iR~E~_~~.<!_ ___._n___-- --- -{ Delet....: Means
fiber blanket, or other material which prevents erosion from occurring. Grass seed is not
stabilization.
Storm Water. J]l~.~~~ipj~~~_~~:tI,__~~.~_l!!~_~'!~__~_()~ ~t:J!JI.!!lg!1_~4_~J_________ __- _ ---- Delet....: Means
other surface nmoff and drainage~____~~_~__~l!!t:!"__9:~~__J?~!__~~_~9:t:h~~~~n~~___________-_---- Delet....: (deJinedin40CFl22.26[b]
dewatering. [13]
Temporary Protection. M~~<?9:~ _ ~'p'l~y:~ .!()_ _I?!"~~~_ ~()_s.~<?~'_ _ _~~~}JI~~ _<?! t~~~_~ _ _ _ _. _____ _ _ _ - -- - { DeIet....: Means
include; straw, wood fiber blanket, wood chips, and erosion netting.
Q.
R.
S.
T.
u.
v.
w.
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 riskaareas 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 50f9
An Erosion and Sediment Control Pennit 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
/1:.... ..~xceJlt .lls.pr()v1.clecl. .li1.St:cti~n4, ~'.. Ilo.gI:aclli1g. ~r.de.vel()Pll1e.ntoraIlY.1OJJclsl1~ll.be .. { Deleted: L
allowed without first having applied for and been granted an erosion and sediment
control pennit from the City.
I?,: ..1J1e8!~tll1g .of. aI?-~<?si()IlaIld ~e.<:li~IleIltco.ntr()1 ~fIl1it Aoe.sn()t.a~ro.g~teth.eapplic.aIl(s.. __... . { Deleted: 2
need to obtam permits required by other local, state or federal agencies.
f:... . .1J1.e .appl!,,:aIlt .s.h!1M.pro.vide .the. .C.ity\Vithl!.n()n-ref~llld~ble. f',:e.of.$=t~ ..(;.o\'er ..the. .............. { Deleted: 3.
cost of admir1istration and inspection. The applicant shall further provide an escrow
deposit 01'$............. as security to ensure the provisions of .
Fees should be addressed m the
fee schedule
4.2
ApplicationlIssuance 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 v ... { Deleted: Administrator
Cotmcil and shall include the following infonnation:
Required Submittals:
~--.. Fonnatted: Indent: Left: O.S'
Formatted: Bullets and Numberin
The following information shall be submitted with a pennit application:
A. Site Plan. A map or a series of maps or drawings that contain infonnation
explamed m the narrative.
B. Narrative.
I. Project description - The nature and purpose of the land-disturbing
activity and the alllount of grading involved.
2. Phasing of construction - The proposed stages of grading, utilities, and
buildmg construction.
3. Existing site conditions - Existing topography, vegetation and drainage.
4. Adjacent areas - Neighboring streanIs, 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.
8.
9.
10.
11.
Erosion and sediment control measures - Methods to be used to control
erosion and sedimentation on the site, both during and after the
construction process.
Permanent stabilization - How the site will be stabilized after construction
is completed, including specifications.
Storm water management - How storm runoff will be managed, including
methods to be used if the development will result in increased peak: rates
of nmoff.
Maintenance - Schedule of regular inspections and repair of erosion and
sediment control structures.
Calculations - Any that were made for the design of such items as
sediment basins, diversions, waterways, and other applicable practices.
A.
L-Application Review Process:
.. -- - - - - { Formatted: Bul/ets and Numbering
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, ill;,___________-----.{ 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.
I ,_. _ _... _ _ _ _ _. _ _ _ __ _ _ _ _ _ _ _ __ _ _n _ _ _ _ __ _ _ _ __ _ _ _ _ _ _. _ _n' _ _ _ __ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - _ _ n _ _ _. __ _ _ _ _ _ n_ _ __ __ _ _ __ __ _ _ - _ - ___ - - _ - - _ __ - __ - - - - - - - - _._ _n":';" -.-.-
B.
C.
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 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 !be property owners within 100
feet of the impacllld wetland at least live
daybefore Council'. meeting at which
time the request is to be CODSidered
Failure oflheproperty own.... toreooi\e
the mtice shall not invalidate the
proceedings.
Formatted: Bullets and Numbering
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.
IL-Disposal or storage of borrow material. ...-
f;______.:!~I~~!!~~~Il.~t~~~1}~_~~~~,.i:.~._~.<?~~I_~~_~~~I_~~~.______.____________.__________.____.___._______
Formatted: Indent: Left: a.s-,
Hanging: OS, Tabs: 1", left
Formatted: Bul/ets and Numbering
Formatted: Indent: Left: a.S-,
Tabs: 1", Left
4.4
ActivitiesJExceptions not Requiring a Permit
"1 Deleted: 3.
The following activities may be undertaken without an Erosion and Sediment Control Permit:
.b:_.____,M~~~~.'?f_~~g_x~~~. ~_~~ _~.P~~!_~~_~!P:_~~_gr:'?~~!'?~_~1l~_~~ _ll~~1}.<?~:I!L__. _____ _-- -.-.{ Deleted: I.
vegetation be removed, mowed, or altered.
Page 70f9
13: "mt-J(:;'vVl'l~tiI1g iUlclj)IlJIlir1g ()Ure<':~aJ1d"~b"s""""..""".......".". ""n".."', ......."" u,"
.c: u. Removal of trees, limbs, brush, branches that are dead, diseased, or pose safety hazards.
~:' "'"'::4;~~~~:;~lj~ili~t~:~t~~~~:A~~:~~j~~iet~t~t~~~~~}b~li~ife,:als~.
within the wetland. ." " ..... .
f. C?n~tr:uctiC!nor jn~!lation .of any struct\.!re orPmrrous matenal.withiI1tl1e irnJ'la(;t.'!Iea,
such as a fence or bird house, which would not generate storm water runoff exceeding
existing natural conditions.
p... ... .~lIle.rgeIlc)" \'iorlc. to" R~e.sery:e.life ()r .PI.opeIt)'; .I:,?pairs. ()~rnail1teI1iUlr:e" oX ll1!)' .la\\Tful.llse ()f.
land existing on the date of adoption of this ordinance.
4.5
Time of Permit
Work authorized by a pennit shall begin \vithin ninety (90) days from the date of issuance unless
otherwise stipulated. The work shall be completed '\vithin nvelve (12) months from the date of
issuance unless such time is extended by ~Council. The City shall be notified at least forty-eight
(48) hours prior to the commencement ofwoi-k'''iffue\vork'is'n,ililltlitttxi"as'spe'cf1le<Cfue'
pennit shall be voided.
SECTION 5.0 - VARIANCES AND APPEALS
5.1 General
An application for variance shall be processed according to the Municipal Code. In addition to
nonnal 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:.. ... \yill. Ilo~.~es.ult. ill.aIlY.. d.etrilIleI1~to. sllr.fil{;eorgr:ol1I1d\\,aterre~o1lTc.es .'vVhi~h. .pro!id<.: .
aquifer recharge.
13:. ... __ \Yill Ilot.i1J.(;rea.se.tl:e.. tillaIlcialbllrclC1ls .01l.1:l1eco1l111lul1iW.b)'. iI1cr.easir1g. ()ve.r:f1o\\,. ()f.
water onto other areas.
[-:... .Is cOllstst~n~. 'Yitl11:l1e. C;ity' .s~all<! ll~ l'J~ ~<lpl31lllirlg. ()bj~tiyes ll1!<l. 'Yin.llo~ iI1cre.a~__
or cause danger to life or property.
p'... . .Is..(;o1!si~<':Ilt .":'ith .tl1e.objec.~i~~~ .of.etlc()l1ragi,ng.lal1d" .u~es .co.ll1patible... \vitl1.tlt.e...
preservation of the natural land forms, existing trees, native vegetation and wetlands
within the City.
1':- Will not include development of land and water areas essential to the storage of surface
.... ... . water : 'or' rriCilliie'. de,;eiopment . of fand" and' \Vater. 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
{ Deleted: 2
Deleted: 3.
Fonnatted: Justified, Indent: Left:
0.5", Hanging: 0.5., Tabs: 1", Left
+ Not at OS
", "< ( Deleted: 4.
1 Deleted: 5.
"':J Deleted: 6.
Fonnatted: Justified, Indent: Left:
OS', Hanging: 0.5", Tabs: 1", Left
+ Not at OS
. .( Deleted: 7.
......{ Deleted: lheCity
....{ Deleted: 1.
.' . .{ Deleted: 2
....{ Deleted: 3.
. .' { Deleted: 4
......{ Deleted: 5.
.dOPted by the Centerville City Conneil this
Mayor, Terry Sweeney
City Clerk
Published in the Quad Community Press on
Page 9of9
January 5,2004
To: Honorable Mayor, City Council Members and Planning and Zoning commission
members
\
lYue to family and business commitments, I will be resigning from the Planning and
Zoning commission effective January 6,2004.
Thank you for the opportunity to serve my community.
RayDeVine ~.
. /'
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF CENTERVILLE
ORDINANCE #75
AN INTERIM ORDINANCE ADOPTING A MORATORIUM ON
SLAUGHTERHOUSEJBUTCHER SHOP OPERATION(S) IN ANY ZONING
DISTRICT WITHIN THE CITY OF CENTERVILLE
The City Council of the City ofCenterville ordains as follows:
DEFINITIONS
For the purpose of this Ordinance the terms defined in this Section have the meanings
given them.
"Butcher" a person who kills, dresses or cuts and packages meat for the purpose of sale.
"Butcher/Slaughter House" a place/facility where animals are butchered/slaughtered for
food. '
"Custom" social conventions carried on by tradition.
"Deity" a state of being a god; a god or goddess.
"Meat Processing" the act of cutting, packaging and displaying of any animal or carcass
of an animal(s).
"Official Controls" nieans ordinance and regulations which control the physical
development of the City, including air space and subsurface areas necessary for mined
underground space development pursuant to Minnesota Statute 469.135 to 469.141, or
any detail thereof and implement the general objectives of the Comprehensive Plan.'
Official controls include ordinances establishing zoning, subdivision controls, site plan
regulations, sanitary codes, building codes and official maps.
"Rite" a ceremonial, solemn act, as in religious use.
"Ritual" a set form or system of rites, religious or otherwise.
"Sacrifice" an offering, as of a life or object to a deity or giving up on one thing for the
sake of another.
"Slaughter" the killing of animals for food.
PURPOSE
It is the purpose of this interim ordinance to place temporary restrictions on all
Slaughterhouse/Butcher Shop Operation(s) within the City ofCenterville.
BACKGROUND
There is concern that the current Ordinance #4 provisions exclude such permitted usage
within any Zoning District in the City of Centerville.
The City Council has initiated the study of possible provisions that need to be contained
in Ordinance #4 if such an operation was to take place within the City. The City is in the
process of reviewing studies and information from additional communities and upon
completion of this review, will make the necessary revisions to Ordinance #4 for such
operation and location of the same if deemed appropriate by Council.
AUTHORITY
Pursuant to Minnesota Statutes, Section 462.365, Subd. 4, The City is authorized to
establish Interim Ordinances to regulate, restrict or prohibit any use or development in all
or part of the City while the City or its planning consultant is conducting studies, or has
authorized a study to be conducted or has scheduled a hearing to consider adoption or
amendment of the comprehensive plan or official zoning controls. The City declares that
this Interim Ordinance is established pursuant to the aforementioned statute.
PROHIBITION
Pursuant to the authority of Minnesota Statutes, 462.355, Subd 4; there is hereby
established a moratorium on slaughterhouselbutcher shop operation(s) that also include
custom butchering for ritualistic, rituals or sacrifice within in any zoning district in the
City of Centerville.
During the effective period of this Interim Ordinance, applications for amendments to
Ordinance #4 or Special Use Permits for the above-mentioned use shall not be accepted,
considered or approved by the City. This Interim Ordinance prohibits the further
consideration and approval of any amendment or Special Use Permit request for the
above-mentioned use.
MISDEMEANOR
Any person, persons, firm or corporation violating any provisions of this ordinance shall
be guilty of a misdemeanor, and upon conviction thereof, shall be punished pursuant to
Minnesota Statute 609.02, Subd. 3, or as subsequently amended, plus costs of
prosecution.
ENFORCEMENT
. .
In the event of a violation of this Interim Ordinance, the City may institute appropriate
actions or proceedings, including requesting injunctive relief to prevent, restrain, correct
or abate such violations.
SEPARABILITY
Every section, provision or part of this Interim Ordinance is declared separable from
every section, provision or part of this Interim Ordinance is adjudged to be invalid by a
court of competent jurisdiction, such judgment shall not invalidate any other section,
provision or part of this Interim Ordinance.
DURATION
This Interim Ordinance shall take effect upon its adoption by the City Council and shall
remain in effect until the date of the adoption by the City Council of the amendments to
official controls contemplated hereunder or twelve (12) months, which ever occurs first.
City Council may extend this twelve (12) month period for such additional periods as
deems appropriate, not exceeding a total additional period of eighteen (18) months.
Passed by the City Council of the City of Centerville this 12th day of February, 2003.
Attest:
(Signature on File)
City Clerk
(Signature on File)
Mayor
Published in the Quad Community Press on February 25, 2003
CITY OF CENTERVILLE
PLANNING AND ZONING COMMISSION
JANUARY 6, 2004
Pursuant to due call and notice thereof, the Planning and Zoning Commission held their feillY
Jennefer KlennertNt t
Michelle Lakso 0
Brian Hanson
ABSENT: Ray DeVine, David Kilian, Tom Wilharber
COUNCIL:
None.
STAFF:
Ms. Bender, City Clerk
I. CALL TO ORDER
1. Roll Call
The meeting was called to order at 6:35 p.m.
ll. PUBLIC HEARING(S)
None.
1lI. APPE~CES
None.
IV. OLD BUSINESS
v. NEW BUSINESS
1. S1. Genevieve Church - Concept Plans
This item was removed from the agenda at the request of the church.
2. Gleason Proposal for Annexation
Mr. Gleason indicated that he is attempting to develop some property in Lino Lakes into
townhomes but with the moratorium on building in Lino Lakes it is not possible. He then
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Planning & Zoning Commission
January 6, 2004
Meeting Minutes
presented a plan to the Commission to have the City of Centerville annex the property
from Lino Lakes so that the development could proceed.
Mr. Gleason indicated that he would be going before the Planning Commission and
Council in Lino Lakes to discuss the matter.
The Commission asked that Mr. Gleason and Staff keep them apprised of how things
proceed with Lino Lakes.
3. Sedona Homes Concept Plan for 20th Avenue
Mr. Keleher provided an overview of his revised proposal for development along 20th
Avenue eXplaining that they would like to incorporate some senior housing.
Commissioner Klennert Hunt asked for the price range of the proposed townhomes.
Mr. Keleher indicated that the average price of the townhomes is projected to be
$185,000 to $195,000.
The Commission inquired as to the length of the TIF district that Sedona Homes is
proposmg.
Mr. Keleher indicated they are proposing 10 to 15 years.
Chair Hanson indicated that his neighbors are interested in this type of project because it
would be less of an impact than some of the other allowed uses for the property.
The Commission positively received the proposal and expressed an interest in further
discussing it.
VI. DISCUSSION ITEMS
1. Ordinance #4 - New Format Continues Next Month
a. Swimming Pool Fencing Requirements - Removed from Building Code
but not City Code
Staff indicated that the Building Code does not have a swimming pool fencing
requirement but said the matter is being reviewed and Staff expects a change.
The Commission agreed to wait to discuss the City's Code with regard to swimming pool
fences until a change is made.
Chair Hanson told the Commissioners that the mini-storage people left town because they
were unable to resolve the property issues.
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Planning & Zoning Commission
January 6, 2004
Meeting Minutes
Chair Hanson indicated that Sedona Homes mentioned purchasing the pond area and
making a picnic area out of the high ground. He then asked Staff to conftrm that contact
information for Council is updated on the web site.
Vll. CONSIDERATION OF MINUTES
1. December 2. 2003 Planning and Zoning Meeting Minutes
Motion by Commissioner McLean. seconded by Commissioner Hunt to approve the
Minutes of December 2. 2003. as presented. AU in favor. Motion carried
unanimously.
VIII. ADJOURNMENT
Motion by Commissioner Hunt. seconded bv Commissioner McLean to adiourn the
.January 6. 2003 Plannin2 Commission Meetin2 at 7:40 p.m. All in favor. Motion
carried unanimously.
Transcribed by:
Joan Lenzmeier, Recording Secretary
TimeSaver Off Site Secretarial, Inc.
Page 3 of3
Nlem()i.;.. .
" .' II .
TO: Honorable Chairperson and Commission Members
FROM:
Kim Moore-Sykes '~rvtb
SUBJECT: Week In Review
DATE: January 30,2004
Please find the attached Week In Review. This Week In Review is provided as an update
to Council members on a weekly basis and is available at the City's web site located at
www.centervillemn.comunderLocalInformation.Itis drafted on Fridays and then
placed on the web site either on the same day or the following Monday.
This same Week In Review is available to anyone who requests to receive it via U.S.
Postal Service.
'EstaHisnea 1857
Week in Review
January 30, 2004
Meetin2lEvents Calendar
Tuesday, February 3,2004
6:30 p.m. - Planning and Zoning Commission Meeting
Wednesday, February 4, 2004
6:30 p.m. - Park and Recreation Committee Meeting
Saturday, February 7, 2004
11:00 a.m. - 23rd Annual Lions Fishing Contest - Centerville Lake
Wednesday, February 11,2004
6:30 p.m. - City Council Meeting
Tuesday, February 17,2004
6:30 p.m. - March Planning and Zoning Commission Meeting
Thursday, February 19,2004
5:00 p.m. - 7:30 p.m. - CSAH 14 Public Input Meeting at Wargo Nature Center
Friday, February 20, 2004 - Sunday, February 22, 2001
2004 Frozen Fete des Lacs Celebration
Wednesday, February 25, 2004
5:30 p.m. - Council Worksession
6:30 p.m. - City Council Meeting
Tuesday, March 2, 2004
Minnesota Caucus; P & Z Meeting rescheduled to February 17,2004
CSAH 14 Update. Newsletters are going out Monday advising residents of Centerville and Lino Lakes
about the upcoming public input meeting on February 19th at 5:00 p.m. to 7:30 at the Wargo Nature
Center regarding the County Road 14 (Main Street) project. The meeting will be more like an open house
with maps and issue boards displayed around the community room. Anoka County will have the
consultants there as well to help answer questions about the project. Everyone is being encouraged to
attend.
Committee Ouenin2s. The City currently has openings on the Planning and Zoning Commission and the
Economic Development Committee (EDC). Staff has been advertising for interested individuals but have
received no letters of interest as of yet.
Chauncey Barret Update. Staff will be meeting with Anoka County Staff next week to review the
current JP A and proposed language for the second facility. Once the draft is prepared, Staff will send it to
the City Attorney for review and then submit it to Council for consideration and approval. The Building
Official and Fire Chief are currently reviewing their site plans.
2004 Street Reconstruction Update. Last night, the City held a public input meeting to gather
information from residents that own property in the areas listed in the proposed 2004 Street
Reconstruction Plan. Residents were encouraged to submit additional comments in writing either via mail
or email before the Public Hearing scheduled for the February 11th City Council meeting.
Skate Night. Staff has received several great comments about Skate Night. A resident was in on
Wednesday to find out when another Skate Night is scheduled. While this event is generally thought to
be well received by the community, I don't recall ever having so many residents going out of their way to
personally passing along positive comments.
Staff has also received great comments about the information piece that Staff included with the recently
mailed utility billing. Administrative Staff worked to put this together and have agreed to update it on a
quarterly basis.
Storm Water Education. The City Administrator met with Dawn Dubats, Education Coordinator with
Rice Creek Watershed District, on Wednesday. Ms. Dubats advised that she was recently hired by
RCWD to coordinate their educational efforts regarding storm water. She wanted to discuss ways in
which she and RCWD can assist City Staff with materials, educational goals, resources, etc. This, of
course, will help them fulfill their NPDES IT requirements as well as the City's educational requirements.
Letters and Correspondence.
The City Hall has received the following correspondence during the week and is available for your
review upon request.
1. Letter from Sean LaBonne regarding his comments associated with the 2004 Street Project.
Have a great weekend!