HomeMy WebLinkAbout2002-02-27 CC Packet
COUNCIL MEETING
1. Ordinance #4
WEDNESDAY, FE.ltUAllY 27, 2..2
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CALL TO ORDER
1. Roll Call
SET AGENDA
PUBLIC HEARlNG(S) /p:'b?J
111.
IV.
APPEARANCES/AWARDS
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CONSIDERATION OF MINUTES ~ (\"
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vi. February 13, 2002 Council Meeting Minutes vi,"';; .
~ February 20, 2002 Council Work Session Mi~~tl'\';"').. /~... I
VI. PETITIONS AND COMPLA1NT~ ~ )..pXJ: -J.frY f0"~ /JWj
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VlI. OLD BUSINESS ;:::;~y V'" / ~,'0 /rf!, oc; q."tfJ() vt/-:. pe. _ ~.. If,
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'1.. "The Shores" Water Main Extension IOr(\ _ r:: ) vi 'k. "'/Ct>fY.....
~ Eagle Pass 2nd Addition Developers ~reement/Final Plat -- /~ It "
tX./ Work Plan Waterlnfrastructure ~~ ~~ -- ck...
~ Resolution #02-003 Transferring .fund~ (Tabled from I!revious meeting)
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VIlI. NEW BUSINESS l{-~q f'voW:>> ~ ~1of>€X!' P"4 1=% I/) lV~ u ',"f';
-w: Resolution #02-004 Ordering Preparation of Feasibility Study Ji~~~'CUf.'~t~
.J/. Resolution #02-005 Orderin~ Improvement and Preparation of Plans - The
~~' Shores NaA<#'/~~- If~\
, 3. Joel McPherson, Public Works- Successful Completion of First Year of
Employment with the City of CenterviUe C~ jJL{~ 5" ~ 0
IX. CONSENT AGENDA
1.
Mr. Jerry Lindner, p",.1
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City ofCenterville February 14, 2002, through February 27, 2002
Expenditures
Centennial Fire District Expenditures
Establish Escrow Requirements for Final Grading/Sod Escrow & Quarterly
Water Fee (Resolution #02-006) ~0~ 5-0
COMMITTEEREPORTS~ lo~0~ ~ f~
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5 Amended:
4 Amended: 2/19/02 tV! life{
3 Amended: 9/410 I '$/ U>>I
2 Amended: 6/27/01
I Amended: ]/10/01
\~etive 9/"00.)
City ofCcntcrviJJe Ord. #4
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF CENTERVILLE
ORDINANCE #4
. --
An Ordinance regulating the use of land, location, bulk, height, and use of structures and
the arrangement of the structures, on lots, and the density or population in the City of
Centerville, Mirnesota and providing for th~ administration and enforcement of such
regulations. JA~ LW-- ~ W~ f.31'
The City Council of the City of Centerville ordains as follows:
DIVISION 10: General Provisions
oection 010-010: Title. This ordinance shall be known as Ordinance #4, City of Centerville Zoning
irdinance except as herein referred to as "this Ordinance".
Section 010-020: Purpose. It is the purpose of this Ordinance to:
o Protect and promote public health, safety and general welfare.
o Protect the natural resources in the City.
o Establish land use patterns and development regulations consistent with the City of
Centerville Comprehensive Plan.
o Prevent overcrowding of land.
o limit congestion and promote safety in the public rights-of-way.
o Prevent the premature demand of public services.
o Stage development consistent with the efficient provision of public utilities and public
services.
o Maintain the small town character and quality of living in the community.
o Establish compatibility of land uses in the City to protect existing investments and
property values.
o Promote opportunities for cohesive and compatible business development.
o Establish guidelines and regulations to promote housing variety and quality living
environments.
Section 010-030: Jurisdiction. The geographic jurisdiction ofthis Ordinance includes the entire area
hin the corporate limits of Centerville, Minnesota. Land areas which may be added to the City by
annexation, merger or other means shall be classified R-1 Rural Residential until such time that the City
Council may rezone the added territory to more appropriate classification.
Page I of 69
5 AmendetJ:
4 Amended: 2/19/02
3 Amended: 9/4/01
2 Amended: 6/27/0 I
] Amendcu: 1/10/01
Effeotive 9/5/00
City of Ccnterville OnJ. #4
Section 010-040: Application. Where the conditions imposed by any provisions of this Ordinance are
either more or less restrictive than comparable conditions imposed by any other regulation, the
regulations which impose the higher standard or requirements shall prevail.
Section 010-050: Severability. If any provision of this Ordinance or the application of any provision to'
particular circumstances is held invalid, the remainder of the Ordinance or the application of such
provision to other circumstances shall not be affected.
Section 010-060: Repeal. Ordinances, including all prior Zoning Ordinances and Amendments or parts
thereof in force at the time this Ordinance shall take effect and Ordinances inconsistent herewith are
hereby repealed, including Centerville Ordinance #10. Nothing contained in this Ordinance repeals or
amends any Ordinance requiring a permit or license to engage in any business or occupation.
Division 15: Definitions
Section 015-010 Specific purposes. For the purposes of this Ordinance, certain words contained
herein have the following meaning. Other words not included in this Section shall have the meaning
defined in Minnesota State Statutes. Other words not so defined shall have the meaning customarily
associated with them.
Section 015-020: Definitions.
Abandonment - To cease or discontinue a use or activity without intent to resume, but excluding
temporary or short term interruptions to a use or activity during periods of remodeling, maintaining, or
otherwise improving or rearranging a facility, or during normal periods of vacation or seasonal closure.
Abutting - Having a common border with, or being separated from such a common border by a right-of-
way, alley or easement.
Accessory Building - A subordinate structure detached from but iocated on the same lot as the principal
structure, the use of which is incidental and accessory to that of the principal structure.
Accessory Use - A use incidental to, and on the same lot as, a principal use.
Agriculture - The use of land for agriculture purposes, including farming, dairying, pasturage,
agricultural, horticulture, floriculture, viticulture, and animal poultry husbandry and the necessary
accessory uses for packing, treating, or storing the produce; provided, however, the operation of any such
accessory uses shall be secondary to that of normal agricultural activities.
Alley - A public or private way permanently reserved as a secondary means of access to abuUin
property.
Alteration - Any change, addition, or modification, in construction or occupancy of an existing structure.
Page 2 of 69
j Amended:
4 Amended: 2/19/02
3 Amended: 9/4/0 I
2 Amended: 6/27/01
I Amended: II I %I
Effective 9/5/00
City of CentcrviJle Ord. #4
Alteration, Structural - Any change in the supporting members of a building or structure, such as
bearing walls, columns, beams, or girders; provided, however, the application of any exterior siding to an
existing building for the purpose of beautifying and modernizing shall not be considered a structural
alteration.
Antenna - Any system of wires, poles, rods, reflecting discs, satellite dishes or similar devices used for
the transmission or reception of electromagnetic waves external to or attached to the exterior of any
building.
Apartment - A room or suite of rooms, including bath and kitchen facilities, in a multiple-family building
designed for occupancy by a single family.
Apartment, Accessory - An apartment that is secondary and incidental to a principal use or building.
Area Identification Sign - A freestanding sign which identifies the name of a residential subdivision,
commercial or industrial development.
,asement - A portion of a building located partly underground, having more then 50% of its f1oor-to-
eiling height below the average grade of the adjoining ground. Split level, split entry and earth sheltered
homes shall be construed to satisfy basement requirements.
Block - A tract of land bounded by streets, or a combination of streets, parks, cemeteries, railroad rights-
of-way, shore lines, waterways or corporate boundary lines of the City.
Board - The Board of Appeals and Adjustments of the City of Centerville.
Boathouse - A structure designed and used solely for the storage of boats or boating equipment.
Building - Any structure having a roof which may provide shelter or enclosure of persons, animal or
chattel, and when said structure is divided by party walls without openings, each portion of such building
so separated shall be deemed a separate building.
Buildable Area - The space remairiing on a zoning lot after minimum yard and open space requirements
have been met.
Building Coverage - See Lot Coverage.
Building Height - See Height.
i1ding Line - The line, parallel to the street line, that passes through the point of the principal building
nearest the front lot line.
Building, Principal - See Principal Building.
Page 3 01'69
5 Amt:nded:
4 Amended: 2/19/02
3 Amended: 9/4/01
2 Amcnued; 6/27/0 I
1 Amended: 1110/0 1
Effective 9/5/00
City of Centervillc Ord, #4
Business Area - Any business activity, which renders service to other commercial or industrial
enterprises.
City Council or Council - The City Council of the City of Centerville.
Clear Cutting - The indiscriminate removal of trees, shrubs, or undergrowth with the intention of
preparing real property for non-agricultural development purposes, This definition shall not include the
selective removal of non-native tree and shrub species when the soil is left relatively undisturbed, removal
of dead trees or normal mowing operations.
Clinic - Any establishment where human patients are examined and treated by doctors or dentists but not
hospitalized overnight.
Club - Any establishment operated for social, recreational, or educational purposes but open only to
members and not the general public.
Cluster Housing - The grouping of single-family dwellings within specified areas while maintaining the
same overall allowable density in that same area.
Commercial Use - An occupation, employment, or enterprise that is carried on for profit by the owner,
lessee, or licensee.
Commission - The Planning and Zoning Commission of the City of Centerville.
Commissioner - A member of the Planning and Zoning Commission.
Comprehensive Plan - A compilation of policy statements, goals, standards and maps for guiding the
physical, social and economic development of the City and including a land use plan, a community
facilities plan and a transportation plan which has been prepared and adopted by the City of Centerville.
Conditional Use - A use, which because of special problems of control requires reasonable limitations
peculiar to the use for the protection of the public welfare and the integrity of the Comprehensive Plan.
Conditional Use Permit - A permit, issued by the Council, in accordance with procedures specified in
this Ordinance as a flexibility device to enable the council to assign dimensions to a proposed use or
conditions surrounding it after consideration of adjacent uses and their functions and the special
problems which the proposed use permits.
Contractor's Yard - An area where vehicles, equipment and/or construction materials and supplies
commonly used by building, excavation, roadway construction and similar contractors are stored or
serviced. The contractor's yard includes both areas of outdoor storage and areas confined within a
completely enclosed building used in conjunction with a contractor's business.
Page 4 of 69
5 Amended:
4 Amended: 2/1 9102
3 Amended: 9/4/0 I
2 Amended: 6/27/01
I Amended: 1/1010 I
Effective 9/5/00
CilY ofCenterville Ord, #4
Coverage - That portion of a lot covered by principal and accessory use structures.
Cul-de-sac - A local street, one end of which is closed and consists of a circular turn around.
Day Care Facilities - A state licensed day care facility, as defined in Minnesota Statutes, Chapter 462.
Deck - A horizontal, unenclosed platform with or without attached railings, seats, trellises, or other
features, attached or functionally related to a principal use or site.
Density - The number of dwelling units permitted per net acre of land.
Development - All structures and other modifications of the natural landscape above and below ground
or water, on a particular site.
District - See Zone.
District Zoning - An area of land for which there are uniform regulations governing the use of buildings
nd premises.
Drive-In Establishment - An establishment which accommodates the patron's automobile from which the
occupants may receive a service or in which products purchased from the establishment may be
consumed or business conducted in the automobile.
Dwelling - A building or portion thereof that provides living facilities for one or more families.
Dwelling, Single-Family, Attached (group, row, and townhouses) - One (1) of two (2) or more
residential buildings having a common or a party wall separating dwelling units.
Dwelling,' Single-Family, Detached - A residential building containing not more than one (1) dwelling
unit entirely surrounded by open space on the same lot.
Dwelling, Two-Family - A building used exclusively for occupancy by two (2) families living
independently of each other.
Dwelling, Multiple - A detached, residentiai building containing three (3) or more dwelling units, including
what is commonly known as an apartment building, but not including group, row or townhouses.
Dwelling, Seasonal - A dwelling not used for permanent residence and not occupied for more then six
months in each year.
lelling Unit - One (1) or more rooms physically arranged so as to create an independent
. housekeeping establishment for occupancy by one (1) family with separate toilets and facilities for
cooking and sleeping.
Page 5 of 69
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/01
2 Amended: 6/27/01
I Amended: l/l0/01
EfTective 9/5/00
City ofCenterville Ord. #4
Easement - The right of a person, government agency, or public utility company to use public or private
land owned by another for a specific purpose.
Essential Services - Public and private utilities required by the resident and working population.
Family - An individual, or two (2) or more persons related by blood, marriage or adoption, or a group of
not more than five (5) persons not so related, living together as a single housekeeping unit using common
cooking and kitchen facilities.
Facade - The exterior wall of a building exposed to a public view or that wall viewed by persons not within
the building.
Fence - Any artificially constructed barrier of any material or combination of materials erected to enclose
or screen areas of land.
Flood Plain - Flood plain or flood-prone area means any land area susceptible to being inundated by
water from any source.
Floodway - The channel of a river or other watercourse and the adjacent land areas that must be
reserved in order to discharge the 100-year flood without cumulatively increasing the water surface
elevation more than one foot at any point.
Floodway Fringe - All that land in a flood plain not lying within a delineated f1oodway. Land within a
floodway fringe is subject to inundation by relatively low velocity flows and shallow water depths.
Floor Area - The sum of the gross horizontal areas of the several floors of a building or dwelling unit,
measured from the exterior walls or from the centerline of party walls separating buildings, excluding
basements. .
Floor Area Ratio - The total floor area on a zoning lot divided by the total site area of the lot or parcel
being developed.
Freestanding Sign - Any sign supported by structures or supports that are permanently anchored in the
ground and that are independent from any building or structure.
Frontage - The front or frontage is that side of a lot abutting on a street or way and ordinarily regarded as
the front of the lot, but it shall not be considered as the ordinary sideline of a corner lot.
Garage, Private - Any accessory building or an accessory portion of a principal building designed or used
solely for the storage of motor vehicles, boats and other personal belongings which are owned or used by
the occupants of the building to which it is accessory
Glare - A sensation of brightness within the visual field that causes annoyance, discomfort, or loss in
visual performance and visibility.
Page 6 of 69
5 Amended:
4 Amcnued: 2/[9102
3 Amended: 9/410 I
2 Amended: 6/27101
1 Amcndcd: 1/10101
Effective 915100
Cily ufCcnlcrville Ord, #4
Grade - The lowest point of elevation of the finished suriace of the ground, paving, or sidewalk within the
area between the building and the property line, or when the property line is more than five feet from the
building, between the building and a line five feet from the building.
Height of Building - The vertical distance from the average elevation of the finished grade at the front of
the building to the highest point of the roof for flat roofs; to the deck line of mansard roofs; and to the
mean height between eaves and ridge for gable, hip and gambrel roofs.
Home Occupation - An occupation, profession, activity, or use that is clearly a customary, incidental, and
secondary use of a residential dwelling unit and which does not alter the exterior of the property or affect
the residential character of the neighborhood.
Hotel- A building occupied as more or less temporary abiding place of individuals who are lodged with or
without meals for compensation and in which there are more than ten (10) sleeping rooms usually
occupied singly, and in which no provision is made for cooking in any individual apartment.
npervious Surface - Any material that substantially reduces or prevents the infiltration of storm water
.nto previously undeveloped land. Impervious suriace shall include graveled driveways and parking
areas.
Industrial Park - A planned, coordinated development of a tract of land with two or more separate
industrial buildings. Such development is planned, designed, constructed, and managed on an integrated
and coordinated basis with special attention given to on-site vehicular circulation, parking, utility needs,
building design and orientation, and open space.
Intensive Vegetation Clearing - The complete removal of trees or shrubs in a contiguous patch, strip,
row, or block.
Junk Yard - Land or structures used for the storage or keeping of junk, including scrap metals, or for the
dismantling or "wrecking" of automobiles or other vehicles or machinery, other than the storage of
materials which is incidental or accessory to any business or industrial use on the same lot.
Light Manufacturing - The processing and fabrication of certain materials and products where no
process involved will produce noise, vibrations, air pollution, fire hazard or noxious emissions which will
disturb or endanger neighboring properties.
Lot - A platted parcel of land intended to be separately owned, developed, and otherwise used as a unit.
,t Area - The area of horizontal plane bounded by the vertical planes through front, side, and rear lot
es.
Lot, Corner - A lot abutting on and at the intersection of two or more streets.
Pagt: 7 of 69
5 Amended:
4 Amended: 2119102
3 Amended: 914/01
2 Amended: 6/27/Ol
I Amended: III % 1
Effective giSmO
City of CenterviJIe Ord, #4
Lot Coverage - Determined by dividing that area of a lot which is occupied or covered by the total
horizontal projected surface of all buildings, including covered porches and accessory buildings, by the
gross area of that lot.
Lot Depth - The average horizontal distance between the front and rear lot lines.
Lot, Interior - An interior lot is a lot other than a corner lot.
Lot Line - A line dividing one lot from another lot or from a street or alley.
Lot Line, Front - On an interior lot, the lot line abutting a street; or, on a corner lot, the lot lines abutting a
street; or, on a through lot, the lot line abutting the street providing the primary access to the lot; or, on a
flag lot, the interior lot line most parallel to and nearest the street from which access is obtained.
Lot Line, Rear - The lot line not intersecting a front lot line that is most distant from and most closely
parallel to the front lot line. A lot bounded by only three lot lines will not have a rear lot line.
Lot Line, Side - Any lot line not a front or rear lot line.
Lot, Minimum Area Of - The measurements of a lot computed exclusive of any portion of the right-of-
way of any public thoroughfare.
Lot of Record - A lot, which is part of a subdivision or plat, an Auditor's Subdivision or a registered Land
Surveyor a parcel of land not so platted, which has been approved by the City or meets the following
conditions:
A. Was a separate parcel of record April 1 , 1945 or the date of adoption of subdivision
regulations under Laws 1945, Chapter 287, whichever is later, or of the adoption of
subdivision regulations pursuant to a Home Rule Charter; and
B. Was the subject of a written agreement to convey entered into prior to such a
time; and
C. Was a separate parcel of not less than two and one half (21'2) acres in area and one
hundred fifty (150) feet in width on January 1, 1966; and
D. Was a separate parcel of not less than five (5) acres in area and three
hundred (300) feet in width on July 1, 1980; and
E. Is a single parcel of commercial or industrial land of not less than five (5) acres
and having a width of not less then three hundred (300) feet and its conveyance
does not result in the division of the parcel into two or more lots or parcels, anyone
of which is less than five (5) acres in area or three hundred (300) feet in width; and
Page 8 of 69
5 Amt:nded:
4 Amended: 2/19/02
3 Amended: 9/4/01
2 Amended: 6/27/01
I Amended: 1110/01
etTcctive 9/5/00
City ofCcntcrvillc Ord. #4
F. Is a single parcel of commercial or industrial land of not less than five acres and
having a width of not less then three hundred (300) feet and its conveyance does
not result in the division of the parcel into two or more lots or parcels, anyone of
which is less than five (5) acres in area or three hundred (300) feet in width; and
G. Is a single parcel of residential or agricultural land of not less then twenty (20) acres
and having a width of not less than five hundred (500) feet and its conveyance does
not result in the division of the parcel into two (2) or more lots or parcels, anyone of
which is less than twenty (20) acres in area or five hundred (500) feet in width.
Lot, Substandard - A lot or parcel of land that has less than the required minimum area or width, as
established by the zone in which it is located and provided that such lot or parcel was recorded as a
legally created lot on the effective date of the ordinance codified in this title.
Lot, Through - A lot having its front and rear yards each abutting on a street.
_at, Width - The horizontal distance between side lot lines, measured at the required front setback line.
Manufactured Housing - Single-family detached housing that is built to the National Manufactured
Housing Construction and Safety Standards Act of 1974, and shall include structures known as
manufactured homes or mobile homes.
Mineral Extraction - The extraction of soil, sand, gravel, rock or other such material from the land.
Motor Vehicle - A self-propelled vehicle for personal or business use as defined in Minnesota Statutes
169.01.
Motor Fuel Station - An establishment where gasoline, diesel, kerosene, motor oil and lubricants are
sold or used in servicing motor vehicles and where usual motor vehicle repairs and services are
performed.
Non-Conforming Structure or Use - A structure or use lawfully in existence on the effective date of this
ordinance or any amendment thereto and not conforming to the regulations for the district in which it is
situated.
Nursing Home or Rest Home - A licensed establishment having accommodations for the continuous
care of two or more invalid, infirm, aged convalescent patients or disabled persons that are non-related.
- len Space - Any unoccupied land space open to the sky.
Ordinary High Water Line (OHWL) - A line delineating the highest water level which has been
maintained for a sufficient period of time to leave evidence on the landscape. The ordinary high water
mark is commonly that point where the natural vegetation changes from predominantly aquatic to
Page 9 01'69
terrestrial.
5 Am~ndcd:
4 Am~ndcd: 2/19/02
3 Amended: 9/4/01
2 Amended: 6/27/01
I Amended: IIlO/Ot
Effoclive 9/5/00
City ofCcnterville On!. #4
Performance Standard - A criterion established to control appearance, noise, odor, toxic or noxious
malter, vibration, fire and explosive hazards, glare, heat, waste and other potential impacts generated by
or inherent in uses of land or buildings.
Planned Unit Development - A tract of land, which will contain two or more principal structures,
developed under unified ownership or control, the deveiopment of which may be unique and of a
substantially different character than that of the surrounding area.
Planning and Zoning Commission - The Planning Commission of the City of Centerville.
Plat - The drawing or map of a subdivision prepared for filing of record pursuant to Chapter 505 and
containing all elements and requirements set forth in applicable local regulations adopted pursuant to
Section 462.358 and Chapter 505. .
Portable Sign - Any sign not permanently attached to the ground or other permanent structure, or a sign
designed to be transported, including, but not limited to, signs designed to be transported by means of
wheels; signs converted to A- or T-frames; menu and sandwich board signs; umbrellas used for
advertising; and signs attached to or painted on vehicles parked and visible from the public right of way,
unless said vehicle is used in the normal day-to-day operations of the business.
Principal Use or Principal Structure - The main use to which the premises are devoted and the
purpose for which the premises exist.
Private Property - Any real property within the City which is privately owned and which is not a public
property as defined in this section.
Public Hearing - An official public meeting, which notice has been published in the official newspaper.
Public Property - Any street or highway that includes the entire width between the boundary lines of
every way publicly maintained for the purposes of vehicular travel, and shall also mean any other publicly
owned property or facility.
Recreational Use - Golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat
launches ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries,
shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, hiking, bicycling and
horseback riding trails.
Recreational Vehicles - A mobile vehicle, including boats, used for recreationai purposes capable of
being towed or being self-propelled.
Residential Facility - A state licensed residential facility, defined by Chapter 462,
Page 1001'69
5 Amended:
4 ALU~nded: 2/19/02
3 Amended: 9/4/01
2 Amended: 6/27/01
1 Amenued: 1/10/Ot
Effective 9/5/00
City ofCentervi!Jc Ord. #4
Minnesota Statutes, serving six (6) or fewer persons, in a Single-Family Residential District and no more
than sixteen (16) persons in a Multiple-Family Residential District.
Right-of-Way - A street, alley or easement permanently established for the passage of persons and
vehicles, including the traveled surface of lands adjacent that are formally dedicated to such usage.
Semipublic Use - The use of land by a private, nonprofit organization to provide a public service that is
ordinarily open to some persons outside the regular constituency of the organization.
Setback - The minimum horizontal distance between a lot line and a building line or, use.
Sewer System - Pipelines or conduits, pumping stations, forcemain, and all other construction devices,
appliances, or appurtenances used for conducting sewage or industrial waste or other wastes to a point
of ultimate disposal.
Shore Impact Zone - Land located between the ordinary high water level of a public water and a line
parallel to it at a set back of fifty percent (50%) of the structure setback.
ign - Any name identification, display illustration structure or device which is publicly displayed and
which is used to direct attention to a product, person, business, institution or place.
Significant Historic Site - Any archaeological site, standing structure, or other property that meets the
criteria for eligibility to the National Register of Historic Places or is listed in the State Register of Historic
Sites, or is determined to be an unplanted cemetery that falls under the provisions of Minnesota Statutes,
Section 307.08. A historic site meets these criteria if it is presently listed on either register or if it is
determined to meet the qualifications for listing after review by the Minnesota State Archaeologist or the
Director of the Minnesota Historical Society. All unplatted cemeteries are automatically considered to
be significant historic sites.
Story - That portion of a building included between the surface of any floor and the surface of the next
floor above it, or if there is no floor above it, then the space between the floor and the ceiling next above
it.
Story-Half - That portion of a building under a gable, hip or gambrel roof the wall plates of which, on at
least two opposite exterior walls, are not more than two feet above the floor of such story.
Steep Slope - Land where agricultural activity or development is either not recommended or described as
poorly suited due to slope steepness and the site's soil characteristics, as mapped and described in
available county soil surveys or other technical reports, unless appropriate design and construction
chniques and farming practices are used in accordan'ce with the provision of this ordinance. Where
ecific information is not available, steep slopes are land having average slopes over twelve percent
(12%), as measured over horizontal distances of fifty (50) feet or more.
Street Access - A public thoroughfare, which affords the principal means of abutting land.
Page 1101'69
5 Al1lcnued:
4 Amended; 2119/02
3 Amended; 9/410 I
2 Amended: 6/27/01
1 Amended: 1/10/01
Effective 9/5/00
City ofCenterville Ord. #4
Street Line - The legal line of demarcation between a street and abutting land.
Structure - Anything constructed or erected, the use which requires a iocation on the ground, or attached
to something having a iocation on the ground, or an attachment to something having a fixed location on
the ground; including, in addition to buildings, billboards, carports, porches, decks and other building
features, but not including sidewalks, drives, swing-sets, enclosed play structures under fifty (50) square
feet, fences and patios.
Structural Alteration - Any change in the supporting members of a building or structure, such as bearing
walls, columns, beams, or girders; provided, however, the application of any exterior siding to an existing
building for the purpose of beautifying and modernizing shall not be considered a structural alteration.
Subdivision - The separation of an area, parcel or tract of land under single ownership into two or more
parcels, tracts, lots, or long-term leasehold interests where the creation of the leasehold interest,
necessitates the creation of streets, roads, or alleys, for residential, commercial, industrial, or other uses
or any combination thereof, except those separations:
A. Where all the resulting parcels, tracts, lots, or interests will be twenty (20) acres or
larger in size and five hundred (500) feet in width for residential uses and five (5)
acres or larger in size for commercial and industrial uses; and
B. Creating cemetery lots; and
C. Resulting from court orders, or the adjustment of a lot line by the relocation of a
common boundary. The purpose or activity for which the land or building thereon is
designed, arranged, or intended, or for which it is occupied or maintained and shall
include any manner of performance of such activity with respect to the performance
standards of this ordinance.
Supply Yard - A commercial establishment storing or offering for sale building supplies, steel supplies,
coal, heavy equipment, feed and grain, and similar goods. Supply yards do not include the wrecking,
salvaging, dismantling or storage of automobiles and similar vehicles.
Townhouse - Single-family, attached units in structures housing three or more continuous dwelling units,
sharing a common wall, each having separate and individual front and rear entrances; the structures
being as of a row house type as distinguished from multiple dwelling apartment buildings.
Travel Trailers - A mobile vehicle with wheels, designed for overnight living or camping purposes,
capable of being towed by a motor vehicle.
Use, Permitted - A use that is permitted in the district under which it is listed.
Usable Open Space - A ground area on a lot, which is graded, developed, landscaped or equipped or
Page 12 of 69
5 Amended:
4 Amended: 21 \9102
J Amended: 9/4/0 I
2 Amended: 6/27/0 I
1 Amended: lllO/Ot
Effective 9/5100
City OfCllnc~rvillt: Om. #4
intended and maintained for recreation or leisure, available to and useable by persons occupying a
dwelling unit and their guests.
Variance - The waiving by Board action of the literal provisions of the Zoning Ordinance in instances
where their strict enforcement would cause undue hardship because of circumstances unique to the
individual property under consideration.
Vehicle -Any vehicle which is self-propelled or designed to be pushed or pulled and shall include, but not
be limited to, automobile, busses, motorbikes, motorcycles, motor scooters, trucks, tractors, go-carts, golf
carts, campers, trailers, boats, planes and gliders.
Vehicle Abandoned - Any vehicle as defined in this section, which does not have lawfully affixed or
attached thereto an un-expired state registration or license plate or plates, or the condition of which is
wrecked, dismantled, partially dismantled, inoperative, abandoned or discarded.
Water-Oriented Accessory Structure or Facility - A small above ground building or other improvement
xcept stairways, fences, docks, and retaining walls, which, because of the relationship of its use to a
~urface water feature, reasonably needs to be located closer to public waters than the normal structure
setback. Examples of such structures and facilities include boathouses, gazebos, screen houses, fish
houses, pump houses, and detached decks.
Wetland - Lands transitional between terrestrial and aquatic systems where the water table is usually at
or near the surface or the land or is covered by shallow water. For purposes of this definition, wetlands
must have the following three characteristics:
A. Predominance of hydric soils; and
B. Are inundated or saturated by surface or groundwater at a frequency and duration
sufficient to support a prevalence of hydrophytic vegetation typically adapted for life
in saturated soil conditions; and
C. Under normal circumstances support a prevalence of such vegetation.
Yard - A required open space on a lot which is unoccupied and unobstructed from the ground upward,
except as otherwise provided for herein. The measurement of a yard shall be construed as the minimum
horizontal distance between the lot line and the building line.
~rEl, ffeRt ,^, )'arEi e){teRail"\~ asrees Ui:\8 fldll 'siatM et'tfia fraFlt let Befw\'seR siss 16t !iRes BRa 81JSl"\eJiFl@
m t~e abl::JttiAgJ street fi~F\t af \\,(3)' lifts t6 a Eief)tA f8ftuir66 iR tJ;1e :;ara re@ulatisRS 8f t196 siatrist ifl ;:l"\i6h
SA 16t is 16ssi6S. OR a 8€lfA6r let tAe street addrE8s Sf Aarrr~r....e6t stree.t dimeAsiaA sf t!96 street sl-1all se
tRe frsl'lt )'ar€l~
Yard, Front - A yard extending across the full width of the front lot between side lot lines and extending
Page 13 of 69
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/410 1
2 Amended: 6/27/0 I
1 Amended: lflO/Ol
Etfectivc 9/5/00
Cily ofCcnterville Ord, #4
from the abutting street right-of-way line to a depth required in the yard regulations of the district in which
such lot is located. On a corner lot the street address or narrowest street dimension of the street shall be
the front yard. The other street frontage will be considered a front yard for principal structure setbacks
and a side yard for purposes of calculating setbacks for accessory structures. 1
Yard, Rear - A yard extending along a side lot line between the front and rear yard lot line, having a width
as specified in the yard regulations for the district in which such lot is located.
Yard, Side - A yard between the sideline of the lot and the nearest line of the building and extending from
the front yard to the rear yard.
Zoning District - An area or areas for which the regulations and requirements governing use, lot and
bulk of buildings and premises are uniform.
Section 015-030: General Regulations.
For clarity and consistency in the understanding and application of this Ordinance the following shall
apply:
Use of the masculine gender includes the feminine and neuter genders unless otherwise specifically
noted.
Grammatical use of references made in the singular shall include the plural and the plural shall include
the singular, unless such use or reference is otherwise specifically stated.
Sentence construction or phraseology in the present tense, and similarly, references in the future tense
may include the present.
The word "shall" is used to mean mandatory, whereas the word "may" is permissive and does not imply
obligation.
The catch lines of the sections of this Ordinance are intended as mere catchwords to indicate the content
of the section, and shall not be deemed or taken to be titles of such sections, nor be deemed to govern,
limit, modify or in any manner affect the scope, meaning or intent of the provisions of any sections.
Division 20: Scope and Interpretation
A. Scope
No structure, or part, thereof, shall be erected, converted, enlarged, reconstructed,
altered or moved without a permit approved by the City. No structure or land shall
be used for any purpose or altered in any manner that is not in conformity with the
provisions of this Ordinance. Unless otherwise noted, no structure permitted under
this Ordinance may be inhabited or occupied without a Certificate of Occupancy
Page 14 of69
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/01
2 Amended: 6/27/0 I
1 Amended: 1/1010 1
Effective 9/5/00
City of CcnterviJlc Ord, #4
issued by the City.
B. Relationship to Comprehensive Plan
Interpretation and enforcement of the provisions of this Ordinance are intended to
be consistent with the implementation of goals, policies and land use elements of
the Centerville Comprehensive Plan to the extent practical or required by law. The
application of or amendments to this Ordinance, which are determined to be
inconsistent with the Comprehensive Plan, shall require amendments to the
Comprehensive Plan, this Ordinance or both.
C. Minimum Requirements
In their interpretation and application, the provisions of this Ordinance shall be held
to be the minimum requirements for the promotion of the public health, safety and
general welfare.
D. Use Not Identified
Uses not specifically identified in this Ordinance as permitted shall be prohibited.
Amendments to this Ordinance shall be required to allow any use, which is not
clearly permitted by right.
E. Deadline for Actions
It is the intent of the City to comply with State requirements for timely review and
actions requiring formal approval by the City. Information submissions and
applications must be determined by the City to be complete before a time line for
action is initiated. In the event the City cannot act upon a request within a sixty (60)
day time frame, the City will notify an applicant in writing that action will be
completed within 120 days of the date the application was accepted by the City. In
the event that multiple approvals are involved in any action, such as a site plan
review requiring a variance or a Zoning Ordinance amendment requiring a
Comprehensive Plan amendment, each action shall require a separate, independent
timeline for action.
F. Other Ordinances
The City has enacted or may enact other Ordinances that may supplement or
supercede this Ordinance, including but not limited to the Subdivision Ordinance,
Shoreland Ordinance and the adoption of building codes. Users of this Ordinance
should contact the City to determine whether certain provisions in this Ordinance are
affected by other Ordinances. .
Page 15 of 69
G. Adopting the Minnesota Building Code
5 Amenued:
4 Amended: 2/19102
3 Amended: 9/4/0 I
'1 Amended: 6/27/01
I Amended; 1110/0 I
Effective 9/5/00
City ofCcmervil]e Oni. #4
Providing for its administration and enforcement, regulating the erection,
construction, occupancy, equipment, use, height, area and maintenance of all
buildings and/or structure in the City of Centerville; providing penalties for the
violation thereof.
Division 25: Lot Provisions
Lots of Record
A No lot of record shall be reduced in size below the district requirements in
Section 080-030; and
B. An existing lot of record shall be deemed a buildable lot even though the lot area
and/or dimensions are less than those required for the district provided as follows:
1. Evidence must be presented that the lot in question met
minimum requirements for the division of property under
ordinance regulations in effect at the time of the division of
property; and
2. It fronts on a public street; and
3. The lot is within seventy percent (70%) of the minimum tot area
and tot width required.
C. If two (2) or more lots are in single ownership and if all or part of the lots do not meet
the width and area requirements of this Ordinance, the contiguous lots shall be
considered to be an undivided parcel for the purpose of this Ordinance.
Division 30: Non-ConforminQ Uses and Structures
Any structure or use existing upon the effective date of the adoption of this Ordinance, which does not
conform to the provisions of the Ordinance, may be continued subject to the following conditions:
A The non-conforming use is not expanded or enlarged, excei_. in conformity with the
provisions of this Ordinance; and
-
B. If a non-conforming use is discontinued or a non-conforming structure is abandoned
~ for a period of siJ: (C) twelve (12\5 months, further use of the structure or property
~ <J must conform to this Ordinance; and -
rfJ Page 16 of69
S Amenued:
4 Amended: 2/19/02
J Amended: 9/4/01
2 Amended: 6/27/01
I Amended: 1/1 % I
EtTcctivc 9/5/00
Ci~y ofCcntcrvillc Ord. #4
C. If a non-conforming use is replaced by another use, the new use shall conform to
this Ordinance; and
D. If a non-conforming use or structure is damaged by any cause to the extent that
repair or replacement costs exceed fifty percent (50%) of the market value, the use
or structure may not be replaced or repaired except in conformity with this
Ordinance; and
F. Normal maintenance of a non-conforming structure is permitted, including necessary
non-structural repairs and incidental alterations which do not extend or intensify the
non-conforming use.
Division 35: Home Occupations
Home occupations in the City must meet the following criteria:
A. Home occupations shall be conducted solely by persons residing in the residence
with the exception of no more than one additional non-related employee; and
B. All business activities and storage shall take place within the structure; and
C. There shall be no alteration to the exterior of the residential dwelling, accessory
building or yard that in any way alters the residential character of the premises; and
D. No more than one (1) sign not exceeding two (2) square feet with a maximum
height of three (3) feet identifying the occupation shall be used; and
E. The occupation shall not be visible or audible from any property line; and
F. The occupation may involve limited retail sale or rental of products on the premises,
provided all stock in trade is completely enclosed in the principal structure. Retail
merchandise may not constitute more than fifty percent (50%) of the principal
structure square footage; and
G. Unless completely enclosed within an approved structure, no vehicle used in the
conduct of the occupation shall be parked, stored or otherwise present at the
premises other than such as is customarily used for domestic or household
purposes. See Section 135-140: Outside Storage.; and
H. Only on-site off-street parkir]g facilities typically associated with a residence shall
be used; and
I. The conduct of an occupation or the use of substances which may be hazardous to
Page 1701'69
5 Amended:
4 Am~nded: 2/19/02
3 Amended: 9(4/01
2 Amended: 6/27/01
1 Amended: 1110/0 [
Effective 9/5/00
City of CcmervilJc Ord. #4
or in any way jeopardize the health, safety or welfare of neighbors and neighboring
property shall not be permitted.
Division 40: Sinqle-Familv Dwellinq Requirements
All Single-family, detached dwellings shall be constructed according to the following minimum
standards:
A. All dwellings shall have a minimum width of twenty-four (24) feet at its narrowest
point, with the exception of the M-1 District; and
B. Metal siding, with exposed panels exceeding twelve (12) inches in width, shall not
be permitted; and
C. All Single-family, detached dwellings shall have attached garages. Garages may
not be converted to habitable space without replacing the required garage; and
D. Single-family dwellings other than approved earth sheitered homes shall have at
least a 3/12 roof pitch and shall be covered with an approved roofing material; and
E. All Single-family dwellings shall have roof overhangs, which extend a minimum of
one (1) foot from all the walls of the structure.
Division 45: Temporary Dwellinqs and Structures
The use and occupancy of a tent, recreation vehicle or other temporary dwellings for the purpose of living
quarters is not permitted in the City, except as approved by the City Council under special circumstances.
Temporary structures and trailers used in conjunction with construction work shall be permitted only
during the period that the construction work is in progress. Permits for temporary structures shall be
issued for a six (6) month period, but are subject to the Minnesota State Building Code.
Division 50: Drivewav and Parkinq Lot Improvements
All required ingress/egress points, driveways and parking areas shall be paved with asphalt, concrete,
pavers, cobblestone or similar material according to minimum City specifications, excluding R-1 Districts.
Driveways may not exceed a twenty-four (24) foot width at the streetline.
Division 55: Public Utilities Required
All residential, commercial, industrial, public, institutional or other uses, which include plumbing facilities,
shall be connected to the public sewer and water system when available.
Page l8 01'69
5 Amended:
4 Amended: 2/19102
3 Amended: 9/410 I
2 Amended: 6/27/0 I
1 Amended: 1110/01
Effective 9/5/00
City ufCcmcrvillc Ol'd. #4
Division 60: Relocated BuildinQs or Structures
No existing building or structure may be relocated anywhere in the City without a permit. A permit for the
reiocation of any building or structure may not be issued without site plan approval by the Planning and
Zoning Commission. The Planning and Zoning Commission shall not approve a site plan without
certifying the following:
A The building or structure is compatible in appearance, age and character with
existing buildings and structures in the area; and
8. The building or structure meets all code requirements for new buildings or
structures; and
C. The building or structure is compatible with any other buildings or structures
existing on the same property; and
D. The building or structure meets all other requirements of this Ordinance and any
other City ordinances; and
Division 65: Accessorv Structures and Uses
No more than two (2) accessory structures are permitted on any Single-family, detached dwelling parcel
located in any district except R-1. Combined aggregate square footage for accessory structures may not
exceed two hundred (200) square feet or two percent (2%) of the lot area whichever is greater, except in
the M-1 and R-4 District.2 No accessory structure may be constructed on a parcel without a principal
structure. Accessory structures must have a minimum of a five (5) foot side setback and a ten (10) foot
rear setback, except in the M-1 District where the building code governs the setbacks. No structure may
be placed in an easement.
In case an accessory structure is attached to the main building, it shall be made structurally a part of the
main building and shall comply in all respects with the requirements of this Ordinance applicable to the
main building. AI'I 86eeS5€lI"j' BlJileil'l!j, lJl'lless sttssAse te 8flel'l'\See s r;lsl't 6f tAe 1'I'\8il'l
I3I;;1i1etif'lE]l 8R811 Fist Be slaser tR8F1 f,i\'e (6) feet t6 tR8 ffisif.l Bl:JilaiAgj, 8HS8[3t as atRsF\Yiss ~ra...iaeet if\ tRia
068tiel'l. An accessory buildinG, unless attached to and made a part of the main building, shall not be
closer than six (6) feet to the main buildinQ, except as otherwise provided in this section.' The side walls
of an accessory building may not exceed ten (10) feet in height. The total area of an attached accessory
buildinG (QaraQe) shall be no Qreater than 1500 square feet per level. SwimminG pools may exceed the
size requirements for accessory structures, but they can not exceed fifty (50) percent of the rear yard
~2
mmercial uses (as defined bv Ordinance #4) in the M-1 District will follow the Commercial Quidelines
,~r percentaoe of Qreen space, For all other properties in the M-1 District. the maximum accessory
structure allowed is 704 square feet and 440 square feet in the R-4 Districl. neither fWt5 to exceed the
Page 19 0 f 69
5 Amended:
4 Amended: 2/19/02
J Amended: 9/4/0 t
2 Amended: 6/27/01
[ Amended: 1/10/0t
Btfective 9/5/00
City ofCcntervilJe Oro. #4
size of the principal structure if an attached oaraoe does not exist. If an attached oaraoe exists, the
maximum accessorv structure allowed is two (2) percent of the lot size or a l'I'IiJ'liffilolffi maximum5 of 200
souare feet5,
Division 70: Site Plan Review Required
For all land use applications or permit applications stAer ti'lSJ'l Cifl!:lle faffiilj' nesie<Jl'ltial J'l8w'€sl'lstrElstisl'l
BElileil'l!:l flsrffiits5, a site plan review is required bv the Zonino Administrator or their desionee. Said
review shall take place thirtv (30) davs prior to the desired Plannino and Zonino meetino, For example, if
a property owner desires to construct a home (or any other structure) and desires to have it presented to
the Plannino and Zonino Commission in May, the application and site plan need to be presented to the
Zonino Adiministrator or his/her desionee the first week in Aprils
Section 070-010: Submittal Requirements.
A. Boundary survey of parcel including identification of all monuments; and
B. Scaled location of all buildings, structures, driveways, sidewalk, trails, parking stalls
and curbing; and
C. Scaled identification of all setback dimensions from property lines includinq front
minimum and maximum principal structure setbacks:2 and
D. Scaled locations of all existing and proposed utilities and easements; and
E. Scaled depictions of floor plans for each story; and
G. Scaled depictions of each building elevation and descriptions of exterior building
materials and color schemes; and
H. Scaled site grading plans, including erosion and sedimentation control mechanisms
and procedures; and
I. Scaled delineations of any shoreland, floodplain or wetland areas on the site; and
J. Identification of any floodplain or wetland encroachments and detailed mitigation
plans; and
K. Detailed landscape plans, illustrating size, types and locations of all materials, a
description of site seeding or sodding, a description of the timetable for site
landscaping and the identification of any irrigation systems; and
L, Detailed descriptions of any site fencing, including type, location and height.
Page 20 of 69
5 Am~ntletl:
4 Aml:llUed: 2/19/02
3 AnlCnucd: 9/4/01
2 Amended: 6/27/01
1 Amended: 1 II % 1
EtTcctive 9/5/00
City of CcnlervilJe Ord. #4
All plans shall be dated and bear the preparer(s) name(s), including professional registrations or
certifications when appropriate or required.
Section 070-020: Review Requirements. For actions that will require committee review, applicants
shall submit sixteen (16) sets of site plans with a requir.ed application form and appropriate fees to the
City Clerk for distribution. Site plans will be evaluated for consistency with documentation requirements.
Upon acceptance of the application, site plans will be distributed to the appropriate City entity for review
and recommendation.
Action to approve, modify or deny site plan applications will be based upon consistency of the application
with the City's Comprehensive Plan, Zoning Ordinance, other policies and official controls and the
compatibility of the proposed action with existing area land uses, existing area investments and
neighborhood character, capacity of public streets and utilities and future planned land uses.
Section 070-030: Exceptions. The City may waive certain submittal requirements for residential
variance applications, when it is determined that submittal requirements are not applicable or are not
ecessary to complete a review of the proposed action. The City may also waive certain submittal
equirements for other actions, when site plan information for the subject property has previously been
submitted to the City and may be more appropriately supplemented with new information.
Division 75: Final Grading and Landscaoina
Lots in all districts shall be subject to the following:
Subd. 1
No Occupancy Permit shall be issued until the lot upon which the structure is
constructed is brought to finished grade as specified. exce6t duriRel i1,v1t::",,,j It \
weall,,,, ClIJlJroveJ i" tI,e fee sshgdulQ: except durinq inclement weather an I
escrow shall be deposited with the Citv as aoproved in the fee schedule5; and I
Subd.2
Within six (6) months from the issuance of the Occupancy Permit the lot shall
be landscaped in a manner, which prevents erosion due to wind or water.
Extensions may be granted at the Building Official's discretion.
Division 80: Zonina Districts/Use Reaulations
Section 080-010: Zoning Map. A map entitled "Centerville Zoning Map" is hereby adopted by reference
and declared to be part of this Ordinance as the Official Zoning Map.
~ ch map shall be on permanent file and available for public inspection in the City Hall. It shall be the
Jponsibility of the City Clerk to maintain and keep the map up to date and to record each amendment
thereto within thirty (30) days after official publication of the ordinance adopting the amendment.
Page 2101'69
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/01
2 Amended: 6127/Ot
1 Amended: 1/10/01
Effective 915/00
City ofCcnterville Ord. #4
Section 080-020: Interpretation of the Zoning Map. Where due to the scale, lack of detail or illegibility
of the Zoning Map attached hereto, there is an uncertainty, contradiction or conflict as to the intended
location of any zoning district boundary as shown thereon, the Zoning Administrator shall make an
interpretation of the map upon the request of any person. Any person aggrieved by any such
interpretation may appeal such interpretation to the Board of Appeals and Adjustments. The Board of
Appeals and Adjustments, In interpreting the Zoning Map or deciding any appeal, shall apply to the
following standards:
A. Zoning district boundary lines are intended to follow lot lines, or be parallel or
perpendicular thereto, or along the centerlines of streets, rights-of-way or
watercourses, unless such boundary lines are fixed by dimensions shown on the
Zoning Map; and
B. Where zoning district boundary lines are so indicated that they approximately follow
lot lines, such lot lines shall be construed to be such boundary lines; and
C. Where a zoning district boundary line divides a lot, the location of any such zoning
district boundary line, unless indicated by dimensions shown on the zoning map,
shall be determined by the use of the map scale shown thereon; and
D. If, after the application of the foregoing rules, uncertainty still exists as to the exact
location of a zoning district boundary line, the boundary line shall be determined in a
reasonable manner, considering the history of uses of the property and the history of
zoning ordinances and amendments in Centerville as well as other relevant facts.
Section 080-030: Establishment of Districts. For the purpose of this Ordinance, the City of Centerville
is hereby divided into the following zoning districts:
R-1 Rural Residential
R-2A High Density Single Family Residential
R-2 Single Family Residential
R-4 Single Family Manufactured Housing District
R-5 Single Family Residential. Estate
B-1 Commercial
1-1 Industrial Park District
P-1 Publicllnstitutional District
M-1 Mixed Use
Section 080-040: Rural Residential (R-1).
Purpose
The purpose of the R-1 District is to allow agricultural activities and non-sewered residential dwellings as
interim uses of the land. The City has limited vacant land for development and all land in the City is
planned for eventual urban uses. Because of the limited duration anticipated for agricultural uses in the
Page 22 of 69
5 Amended:
4 Amendc:d: 2/ 19/02
J Amenued: 914/01
2 Amended: 6/27/01
1 Amended: 11l0JOl
Elfcctiye 915/00
City of Ccntervillc Ord. #4
City and the incompatibilities which often exist between agricultural and non-agricultural uses, permitted
uses in the R-1 District will not reflect intensive commercial agricultural uses.
Permitted Uses
A. Single-family, detached, dwellings at a density not exceeding one (1) home per ten
(10) acres; and
B. Residential accessory uses and home occupations; and
C. Crop production and vegetable gardening; and
D. Produce stands for products raised on the premises; and
E. Tree nurseries and sod farms; and
F. Horses, livestock and fowl, not exceeding a density of one (1) horse or livestock
animal per acre or three (3) fowl per acre.
Special Requirements
Agricultural uses are permitted in the R-1 District subject to the following requirements:
A. Feed lots, runs, pens and similar intensively used facilities for animal raising and
care shall not be located within three hundred (300) feet of a neighboring property;
and
B. Accessory farm buildings shall not be erected within one hundred (100) feet of a
neighboring property.
Section 080-050: High Density, Single-Family, Residential (R-2A).
Purpose
It is intended that the R-2A District provide for higher density single family detached, attached and
multiple dwelling opportunities in areas where public utilities are available and required for service. The
design and circulation of new residential areas are also intended to be complimentary with and enhance
the community's small town atmosphere.
Permitted Uses and Structures
A. Single-family, detached dwellings.
B. Single-family, attached dwellings with more than four (4) dwelling units per building.
Pag<:: 23 of 69
5 Amended:
4 A.mended: 2/\ 0/02
3 Amended: 9/4/0 I
2 Amended; 6/27101
] Amended: 1/10/01
Effective 9/5/1)0
City of Ccnlerville Ord. #4
C. Apartments or condominiums at a density not exceeding twelve (12) units per acre.
D. Accessory uses.
E. Public parks and recreation uses.
F. Day care facility.
G. Residential facility.
H. Home occupations.
Section 080-060: Single-Family, Residential (R-2).
Purpose
It is intended that the R-2 District provide for lower density traditional single family detached dwelling
opportunities in areas where public utilities are available and required for service. The design and
circulation of new residential areas are also intended to be complimentary with and enhance the
community's small town atmosphere.
Permitted Uses and Structures
A. Single-family, detached dwellings.
S. Single-family, attached dwellings with two units.
C. Accessory uses.
D. Pubiic parks and recreation facilities.
E. Day care facility.
F. Residential facility.
G. Home occupations.
Section 080-070: Single-Family, Manufactured Housing (R-4).
Purpose
It is intended that the R-4 District provide for high density single-family, attached and detached residential
opportunities in areas where public utilities are available and required for service. The design and
circulation of new residential areas are also intended to be complimentary with and enhance the
community's small town atmosphere.
Page 24 of 69
5 Amended:
4 Amended; 2/19102
3 Amendcu: 9/4/01
2 Amended; 6/27/01
1 Amended: 1/10/01
Effective 9/5/00
City of Center vi lie Ord. #4
Permitted Uses and Structures
A. Single-Family, detached dwellings.
B. Single-Family, attached dwellings with four (4) units or less.
C. Accessory uses.
D. Public parks and recreation facilities.
E. Day care facility.
F. Residential facility.
G. Home occupations.
Special Requirements
lanufactured homes are permitted in all residential districts if they meet the design criteria for such
-1stricts. All other manufactured homes shall be located only in designated manufactured home districts,
which meet the requirements of this Ordinance. The general intent of this district is to provide for
manufactured housing in subdivided developments, in safe, attractive residential neighborhoods with all
urban services and desired amenities as other residential areas. No person shall erect, establish, extend
or enlarge a manufactured housing development within the limits of the City of Centerville without first
obtaining Site Plan approval from the City Council upon receipt of the recommendation of the Planning
and Zoning Commission. Approval shall be granted only upon compliance with all the following: 1.)
Compliance with all other terms of this Ordinance #4, Centerville Zoning Ordinance; 2.) Compliance with
all the terms of Ordinance #8, Centerville Subdivision Ordinance; 3.) The proposed development must be
located in the City's urban service area as shown in the Comprehensive Development Plan, and must be
served by public utilities as approved by the City of Centerville.
Section 080-080: Single-Family, Residential - Estate (R-5).
Purpose
It is intended that the R-5 District provide for low-density traditional single family residential where public
utilities are available and required for service. The design and circulation of new residential areas are
also intended to be complimentary with and enhance the community's small town atmosphere.
Permitted Uses
A. Single-Family, detached dwellings.
B. Accessory uses.
C. Public parks and recreation uses.
Page 25 of 69
5 Amended:
4 Amended: 2/19/02
3 Amcndet.l: 9/410 1
2 Amended: 6/27/0 I
I Amended; 1110/01
Effective 915100
City ofCcntervilJe Ord. #4
D. Day care facility.
E. Residential facility.
F. Home occupations
Section 080-090: Commercial District (B-1).
Purpose
It is intended that the B-1 District provide opportunities for retail and service business uses which require
larger development sites, highway visibility or highway access.
General Minimum Reauirements
The followinq minimum requirements. as set forth. shall applv to all buildinqs that mav be erected.
converted or structurally altered in Commercial Districts.
Setback
See Table A - Schedule of District Requlations Lot and Yard Requirements.
Buildina Heiaht in Commercial Districts
As provided in Division 115 of this ordinance.
Off Street ParkinQ
As provided in Section 36 of this ordinance.
In addition to Division 90:
A. Space for a sinqle vehicle shall be nine (9) feet bv eiqhteen (18) feet or lamer.
B. Off street parkinq area shall be surfaced with asphalt or concrete, and with
permanent concrete curbs to define driveways and parkinq limits. Plans and
specifications for park/nq areas shall be reviewed by the Rice Creek Watershed. and
approved by the City. Approval from the City will occur only after completion of the
site plan review process. The site plan review process requires a hearinq before the
Planninq and Zoninq Committee and the City Council.
C. There shall not be off street parkinq within five (6) feet from any street riqht of way
nor five (6) feet from any other lot line.
D. Also see Division 165.
Page 26 of 69
5 Aml.:ndetl:
4 Am~ntl~tl: 2/19/02
3 Amclll.!eJ: 9/4/01
2 Amended: 6/27/01
l Amended: 1/ I a/a L
Etlcctive 915100
City ofCcnterville Ord. #4
Buffer Zone Between Commercial and Residential Districts
Where a Commercial District abuts a Residential District. any new development shall include a buffer
zone. There shall be a protective strip of not less than ten (10\ feet in width. This protective strip shall
contain no structures. shall not be used for parkino, off street loadino, or storaoe, and shall be
landscaped. The landscape treatment shall include a compact screen wall or fence. but shall not extend
within fifteen (15\ feet of the street rioht-of-way. The plantino or fence desian must be approved by the
site plan review process. The site plan review process requires a hearina before the Planninq and Zoninq
Committee and the City Council. Per Division 70.
ScreeninG Requirements
If the City Council requires any type of screenino as a condition for a variance or special use permit:
the applicant shall comply with the followinq conditions:
A. File a COpy of the screenina plans with the Zonina Administrator.
B. The screenina. plantinq or construction. or both shall be complete within one year
from the date of the buildinq permit. subiect to extension by the City Council.
C. The screeninq shall be maintained after completion.
LandscapinG
A minimum of ten (10\ percent of any lot shall be oreen space. Three (3\ percent of the surface area of
the land within a parkinq area shall be landscaped with qrass and shrubbery or other approved qround
cover. Landscaped areas will continue to be maintained by the property owner on a continuous basis.
Green areas within abuttinq street rioht-of-ways will also be maintained by the property owner. See
division #160 for other reauirements.
Site Plan
Site plans for all developments requirinq a special use permit must be submitted prior to the issuance of
buildino permits. At least the followino information shall be submitted for review:
A. Site development plan.
B. Buildinq plans, includinq buildinq elevations. indicatinq mass, buildino materials, and
color of all exterior surfaces. includinq all materials proposed to meet the screeninq
requirements of this ordinance.
C. Landscape plans, includinq the number, species, and size of all plantinos.
D. Gradinq, drainaqe, parkinq areas, items to be stored, and utility plans,
ccessorv BuildinGs
Garaqes, accessory buildinqs, screen walls, buildinos, and exposed areas of retainino walls shall be of
similar type, Quality, and appearance as the principal structure.
Page 27 of 69
Exterior of Building
All buildinas shall be finished on all sides with permanent finished materials of consistent quality. per
Division 95. and Ordinance #44-A.
5 Amended:
4 Amendeu: 2/19/02
3 Amended: 9/4/01
2 Amended: 6/27/0 I
1 Amended: 1/ tOlO I
Etfcctive 915/00
City ofCcnterviJJc Ol'd. #4
Permitted Encroachments
The followinq shall not be considered as encroachments on setbacks subiect to other conditions within
this ordinance:
Off street parkino spaces. flues, belt course, leaders. sills. pilaster, lintels, cornices, eaves, qulters.
awninos, open terraces. service station pump islands, open canopies, steps. chimneys. flao poles.
ornamental features, open fire escapes. sidewalks. and fences, except as hereinafter amended.
Exterior Merchandise
See section 135-140.
Liahtina
See Section 135-040.
Drivewavs
A.
No driveway shall be located within one hundred (100\ feet of any riaht-of-way
line of a street intersection. Said distances shall be measured a/ono the property
line from the corner rioht-of-way and County line.
B.
Access drive onto county roads shall reauire a review by the City Enaineer.
This review shall be measured alono the property line from the corner rioht-of-
way and County line.
Special Use Permits
As provided in Division 200 of this ordinance.
Criteria for issuance of Special Use Permit. When reviewinq an application for a special use permit the
Plannina and Zonino Commission and City Council shall considered the followina criteria:
A. Impact on traffic.
B. Impact on parks. streets. and other public facilities.
C. Compatibility of the site plan. internal traffic circulation. landscapina and structures
with contiauous properties.
D. Impact of the use on the market yalue of contiguous properties.
E. Impact on ceneral public health. safety, and welfare.
Page 28 of 69
5 Amended:
4 Amended: 2/19/02
3 Amt:nded: 9/4/01
2 Amended: 6/27/01
1 Amended: 1110/01
Effective 9/5/00
City Df Ccntcrvil1c Ora. 114
ornamental features. open fire escapes. sidewalks. and fences. except as hereinafter amended.
Exterior Merchandise
See Section 135.140.
Lighting
See Section 135-040.
Drivewavs
A.
No drivewav shall be located within one hundred (100) feet of any right of-wav line
of a street intersection. Said distances shall be measured alonq the property line
from the corner riqht-of-way line.
B.
Access drive onto county roads shall require a review bv the City Enqineer.
Special Use Permits
As provided in Division 200.
Refuse
A. All premises shall be provided with. at owners expense. an adequate number of
approved containers to hold the qarbaqe accumulated bv such premises. Such
containers shall be made of metal or other suitable material. shall be water tiqht.
insect and rodent proof. and shall be of a material not easily corrodible and
equipped with suitable handles and tiqht fittinq covers and shall be kept covered
when there is qarbaqe stored therein.
B. Garbaqe and rubbish containers shall be placed at the rear of the premises or in
such a manner as to be out of view from the street. In no event shall container or
their enclosures be placed or maintained in such a way to unreasonably interfere
with the use or enioyment of adioininq propertv.
C. All qarbaqe containers shall be screened with a suitable enclosure.
D. Everv qarbaqe or rubbish container shall be maintained in as sanitary condition as is
possible and shall be thorouqhly cleansed as needed. If. upon inspection by the
Administrative Authority a container is found to be in poor repair. corroded or
otherwise defective the Administrative Authority shall notify. in writinq. the provider
or user of the container of the deficiencv and shall require the repair or replacement
of the container within fifteen (15) days. All container enclosures shall also be kept
in qood repair.
LoadinQ Facilities
Loadinq facilities shall be on the side of rear vards. When adiacent to and/or visible from any public
street. such facilities must be adequately screened.
Page 33 of 69
5 Amended:
4 Amended: 2/ [9/02
3 Amended: 9/4/01
2 Amended: 6/27/01
J Amended: [110/01
Em~ctive 9/5/00
City ofCcllterviJIe Ord. #4
StoraQe
For the ur ose of this zonin district car vans and ick-u trucks arked ou . e and used b
em 10 ees and/or visitors in the normal course of the business 0 eration will not b nstructe
outdoor sto er outside arked trucks and semi-trailers used in the normal busin
will not be constructe to be outdoor stora e'
A. r that the total number of trucks and semi-trailers does not exceed the
number of docks and/or bay doors, and
B. Such use is not constructed as an operation listed as a conditional use in any
industrial zones
Permitted Uses/Uses Permitted on Special Use Permit5
A. Business and professional offices.
B. Machine and repair shops.
C. Construction trade offices and yards.
D. Manufacturing, warehousing, distribution, processing, packaging, assembly and
research uses, except waste management.
E. Indoor shooting/archery range and sales.
F. Truck terminals. (Special Use Permit required)
G. Mini-Storaqe (Special Use Permit Reauired).2
H. Kennels (Special Use Permit Required)5
Speeial Reqtdrements
TJ;:ts stora@8 af 0uflFllies, f3f08uetSj '" a'-"'i61e;s, 6E1Uit3ffi6I9t er-€H14sr ffist8rials sAall be-l~ef3t i19sssrs t;lAleS3
:: == :;; ::~ ~~ ,,' ,~..,''"' '''''';''.81'"" "'''I"~"~ ,,,;",,,,, 'M
regu~ate"a 8efJaFate~y ay elt:,. OreMnaf18ss.
Section 080-110: Public/Institutional istrict (P-1).
Purpose
It is intended that the P-1 District provide opportunities for government facilities, schools, churches,
hospitals, libraries and other similar public and institutional uses.
Permitted Uses
A. Government buildings, structures, facilities, utilities, rights-of-way, easements,
Page 34 of 69
5 Amtlnued:
4 Amtlndeu: 2/19/02
3 Am~ndcti: 914/01
2 Amended: 6127/0 I
I Amended: IIlO/o[
Effective 9/5100
City of Ccntcrvillc Ord. #4
BuiJdina heiaht in Industrial Districts
As provided in Division 115 of this ordinance.
Off Street Parkina
As provided in Division 90 of this ordinance.
In addition to Division 90:
A.-Space for a sino Ie vehicle shall be nine (9) feet bv eiohteen (18) feet or laroer.
B. Off street parkino areas shall be surfaced with asphalt or concrete, and with
permanent concrete curbs to define driveways and parkino limits. Plans and
specifications for parkino areas shall be reviewed by the City Enoineer. and
approved by the Citv Council prior to construction.
C. All open street parkino areas havino more than six (6) parkina spaces shall be
effectively screened by a wall, fence of acceptable des ion , or compact hedoe alona
/ &iLl sides which adioin or are directly across the street from the property in a
L-residential zone or institutional use. Such wall. fence or hedoe shall be maintained
in aood condition. Plans for fencino shall be approved by the City Council. The
fence shall not be used for advertisino purposes.
D. Parkino Constructed to fall within the minimum setbacks See Table A.
E. Off street parkina areas shall be so araded and drained as to dispose of all surface
water. Drainaae plans shall be subiect to approval of the City Enaineer.
F. Also see Section 165.
Buffer Zone Between Industrial and Residential Districts
Where the side yard of any Industrial District abuts a Residential District, the minimum side yard setback
shall be sixtv 60 feet. Parkino of vehicles will be permitted within (40) feet of the side yard line. All side
yard areas not utilized for parkino shall be landscaped with screenino provided alona the side lot line to
within (15) feet of any public rioht-of-wav.
ScreeninQ Requirements
If the Citv Council reouires any tvpe of screenino as a condition for a variance or special use permit. the
applicant shall comply with the followina conditions:
A. File a copv of the screening plans with the Zonina Administrator.
B. The screenino, plantina or construction. or both shall be complete within one
year from the date of buildino permit. subiect to extension by the City
Council.
Page 3 I of 69
5 Amended:
4 Amended: 21l9/0Z
3 Amended: 9/4/01
2 Amended: 6/27/01
I Amended: 1/ I 010 I
Effective 9/5/00
Ciiy ofCentcrville Ol'd. #4
C. The screeninq shall be maintained after completion.
D. A dollar amount of one and one-half times the estimated cost of plantinq and
construction of the screeninq. shall be filed with the City in the form of a cash
escrow or letter of credit. The cash escrow or letter of credit amount shall be
forfeited to the City if any provisions of this section are violated.
LandscapinQ
A minimum of ten (10\ percent of any lot shall be qreen space. Three (3\ percent of the surface area of
the land within a parking area shall be landscaped with qrass and shrubbery or other approved around
cover. Landscaped areas will continue to be maintained bv the property owner on a continuous basis.
Green areas within abuttino street riqht-of-wavs will also be maintained bv the property owner. Also see
Section 160.
Site Plan
Site plans for all developments require special use permits prior to the issuance of buildinq permits.
At least the followino information shall be submitted for review:
A. Site development plan.
B. Buildinq plans, includino buildinq elevations. indicatina mass. buildinq materials,
and color of all exterior surfaces, includinq all materials proposed to meet the
screeninq requirements of this ordinance.
C. Landscape plans. includinq the number, species, and size of all plantinqs.
D. Gradinq, drainaqe. parkinq areas. items to be stored, and utilitv plans.
Accessorv BuildinQs
Garages, accessory buildinas, screen walls and exposed areas of retaininq walls shall be of similar type,
qualitv, and appearance as the principal structure. Accessory structures shall complv with all of section
080-100.
Exterior of Building
All buildinas shall be finished on all sides with permanent finished materials of consistent qualitv. per
division 100, and amendment #44-A.
Permitted Encroachments
The followinq shall not be considered as encroachments on setbacks subiect to other conditions within
this ordinance:
Off street parkinq spaces, flues, belt course, leaders, sills, pilaster, lintels, cornices, eaves, qutters,
awninqs. open terraces, service station pump islands, open canopies, steps. chimneys, flaq poles,
Page 32 of 69
5 Amended:
4 Amcnded: 2/19/02
J Amendcd: 9/4/01
2 Amended: 6/27/01
I Amcnded: 1/10/01
Effccliyc 9/5/00
Cily ofCentcrviJlc 0]'(.1. #4
parks, open spaces and vacant land.
B. Schools, churches, cultural and educational facilities and uses, libraries, hospitals
and health facilities.
Section 080-120: Mixed Use District (M-1).
Purpose
It is intended that the M-1 District provide for the unique layout and character of a traditional central
business district with retail, professional office, residential, and other mixed uses.
Permitted Uses
A. Retail sales conducted within structures, but excluding automobile and motorized
equipment sales, truck stops, gasoline and fuel sales, drive through restaurants.
B. Repair and service conducted within structures, but excluding automobile and
motorized equipment repair.
C. Professional and business offices.
D. Multiple residences and accessory uses.
E. Accessory apartments.
F. Theaters and recreational businesses conducted within structures.
G. Public buildings.
Special requirements
It is the intent of these provisions to allow for flexibility of land uses and exceptions to traditional
dimensional standards, when other conditions and special requirements are met. These provisions are
not meant to allow unrestricted leapfrogging of land uses or disregard for compatibility of land uses.
Greater flexibility in zoning regulations often leads to more subjectivity in land use interpretations. In
making zoning decisions about land use compatibility and dimensional criteria for uses and structures, the
City shall have broad discretion to protect the public health, safety and welfare; and to protect the
residential integrity of the Mixed Use District and surrounding residential neighborhoods.
etbacks and lot coverage for new or expanded structures shall be determined through the Site Plan
Review process by the Planning and Zoning Commission. Factors to be considered in the determination
shall include; but not be limited to, existing setbacks, structural appearance, site drainage, public access,
pedestrian safety, automobile safety, intersection visibility, height, parking, landscaping and other site
Page 35 of 69
5 Amended:
4 Amended: 21I 9/02
3 Amended: 9/4/0 I
2 Amended: 6/27/01
I Amended: 1/10/01
EffecLive (j/5/00
City of Cellterville OrJ. #4
design factors. Residential dwellings shall not be prohibited or discouraged in the M-1 District.
The use or conversion of a residential structure for commercial use, other than a home occupation, shall
require Site Plan approval by the Planning and Zoning Commission. Factors to be considered for such a
use conversion include, but are not limited to, compatibility with adjacent land uses, structural
appearance, structural adaptability, investment relationship, term or length of conversion (interim or
permanent) and consistency with any land use plans prepared by the City for the Mixed Use District.
The architectural design and exterior building materials used in connection with any new or expanded use
or structure shall be consistent with any architectural design or aesthetic control requirements established
by the City for the Mixed Use District.
Division 85: Zero'Lot Lines
In new residential subdivisions in M-1, R-2A, R-2, R-3 and R-4 Residential Zoning Districts, structures
may be arranged to include one (1) zero lot line provided that no windows or doors open on this side of
the structure. The appropriate setbacks apply.
Division 90: ParkinQ ReQuirements
The following table illustrates the minimum number of parking spaces required for various uses permitted
in the City. The City may modify minimum parking requirements in the M-1 District, as part of the Site
Plan Approval process, if it is determined that the use is consistent with the purpose of the district and
street parking is sufficient to accommodate the use.
Uses
Minimum ParkinQ ReQuired
Residential................................... 2/dwelling unit
Churches .....................................1/3 seats in largest assembly
Schools........................................1/c1assroom plus 1/3 seats in largest assembly
Theaters....................................... 1/3 seats
Restaurants ................................. 1/3 seats
Offices.......................................... 5/1 ,000 square foot gross floor space
RetaiL......................................... 6/1 ,000 square foot gross floor area
Convenience Stores..................... 7/1,000 square foot gross floor area
General Services .........................4/1,000 square foot gross floor area
Trade Businesses ........................3/1,000 square foot gross floor area
Manufacturing .............................. 3/1 ,000 square foot gross floor area
Other Industrial............................3/1 ,000 square foot gross floor are
Car Washes ................................. 5/stacking per bay
Drive-Up Restaurants ..................5 Stacking plus 1/3 seats
Page 36 of 69
5 Amended:
4 Amentled: 2/19/02
J Amended: 9/4/01
2 Amended: 6127/0]
I Amended: 1/10101
Etfective 915/00
City of Center vi lie Ord. #4
Division 95: Commercial Exterior BuildinQ Materials
Except; as otherwise regulated herein, the exterior wall surfaces of all new or expanded commercial
buildings shall consist of face brick, finished block or other textured masonry product approved by the
Planning and Zoning Commission. Exceptions to all masonry exteriors may be considered and approved
by the Planning and Zoning Commission provided the following findings are met:
A. The combination of exterior materials is used as an architectural compliment to the
structure.
B. The combination of exterior materials used is not inconsistent with the quality and
appearance used on similar buildings in the same zoning district or neighborhood.
C. Site conditions limit public exposure to certain exterior surfaces where masonry
products are not proposed.
D. An exterior wall may be temporary and a future expansion area of a structure and be
subject to removal or redesign as an interior wall.
Buildings are required to have contrasting architectural features and must be designed to be aesthetically
pleasing.
Division 100: Industrial Exterior BuildinQ Materials
Industrial buildings are required to be constructed of brick, decorative block or approved textured
masonry product. Pole barn type buildings are not allowed. Buildings are required to have contrasting
architectural features and must be designed to be aesthetically pleasing.
Division 105: Fences
A. All fences shall be located entirely upon the property of the fence owner unless the
owner of the adjoining property agrees, in writing, that said fence may be erected on
the property line of the respective properties. Such an agreement shall be
submitted at the time of building permit application. If the adjoining property owner
does not agree to the erection of such fence, the fence shall be set back a,minimum
of two (2) feet from all lot lines. No fence other than a decorative fence may be
constructed along the side lot lines of a residential lot between the street and the
front extension of the dwelling house. As used herein, the term "decorative fence"
means a wood vertical post and wood horizontal rail fence with no more than three
(3) rails or a wood picket type fence with at least two (2) inches of open space
between each picket.
Page 37 or 69
5 Amended:
4 Amended: 2/ 19/02
J Amenucd: 9/4/01
2 Amended: 6/27/0]
I Amended: 1/]0/01
Effective 9/5/00
City ofCcntcrvillc Ord, #4
B. No residential fence may exceed six (6) feet in height and no decorative fence in the
front yard may exceed thirty-six (36) inches in height. Fencing in
commercial/industrial zoning shall not exceed eight (8) feet in height.
C. All fences shall be constructed and maintained in a substantial, workmanlike manner
and of material reasonably suited for the purpose for which the fence is
proposed to be used. Every fence shall be constructed so that the side containing
the framing supports and cross pieces face the interior of the fence owner's lot. Any
fence which does not comply with the provisions of this Section or which endangers
the public safety, health or welfare shall be considered a public nuisance.
Section 105-010: Snow-Stop Fencing. Snow-stop fencing may be used from November 1 to April 1.
No permit shall be required for temporary fencing.
Section 105-020: Electric and Barbed Wire Fence. Electric fences, hog wire fencing, barbed wire
fencing, and similar fencing will not be allowed except in the R-1 District.
Section105-030: Visual Obstructions. No fence may be erected which creates visual obstructions at
any intersection, alley, driveway or street for safe vehicular, bicycle or pedestrian movement.
Section 105-040: Swimming Pool Fencing. No private swimming pool with a water depth exceeding
twenty-four (24) inches may be allowed unless enclosed by a permanent wall or fence not less than six
(6) feet in height with self-closing door and self-closing latch.
Division 110: Siqn Requlations
See Ordinance #39.
Seetiofl 119 9111: Cefleral Provisiofls.
^
II.
SigAS are ~rGhibited witl9iA the ~ubli6 ri~l9t of \\'a)' or e-a-s-ORleFlts eH~8l?;Flt tRst tAe City
CSl:fAGiI RlB)' gJfSflt a SFlCGial Usa refmit t6 1@6at8 Si@fiS aRa aes8ratiofi6 6fl sr
INithiA the ri@Rt sf '/.'ay fer a a~e8itieEt timG.
o.
flaskifl@ SigMs, ffiOOOA algAS sr siffiilar aer:ises ahall he. ~rsl9tBiteel if'l all aistrists,
e')~€6pt appr0vEH~ traffie eig)Fial @ievi665.
c.
IAlCrief i1luAlifH3Ited sigf-ls ar8 ~ennittsa iA all efistrists s)(eept nssideFltial. ,^.#
illl:JRlinated Si@118 shalllgel',,'e a sili6laea IiEJRt S6tJrse..
o.
[3l;1silgess si~l9s GRail Fist 130 paiRtea, attaehes, sr iFi allY mSl1l1er aftj)~eel ta treeS,
r66/(8 Sf similar Fiatl::lral StU1aees, ~J6 Si~Fl6 af a19)' t)'~a 6AsII be rsail9tea e1irBetlJ 61"\ ta
thfJ reat ef 11ge sides af a I3tJilail9@.
Page 38 of 69
5 Amended:
4 Amended: 2/19102
3 Amended: 9/4/01
2 Amended: 6127/01
I Amended: 1I10/0t
Effective 9/5/00
City of Center vi lie Ord. #4
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si@rlsls, Sf 'Nl=liSR iml30ae HilS ':iaieA af tra#ie BY 'v'eRiels 6f)erst6fs sr p880etrisrls srI?)
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S~s8ial Use rermit.
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j9nrJiae 6Fltry ar 6Hit 1s 6f'1)' strl;Jstt:Jfe Sf buile1il"1!;) 6f ~l:Islis ....:8)'.
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at all timBS, iAa/t;lsirlEl tl1e F€f9/aaemeRt af aaf-egtj';a f3srts, BIGcu~iAg Bf'1S €ltJ9ar items
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R0SltA Aazaret el=<ialls6 lSerfflittea l;;l19aer Sf fleaf tRe si@lR.
J. ~Jo si!3RS may Be J5la8eH~ SA l:Jtilitj' f3slcs i19 tftS 8@mmIclAity.
1<, Ttgers mar as Pia mare tRaM SMa iaefltisa/ a;grxt Fler 1st ifl a fesiaantially ZSMS8 area.
ae6tia" 1111 929: Permitted Sig"lI.
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sl;;lhjest 16 iRe Fe~l;;lireA1e19ts 6f iRe eJiatriet. Camf3ai@ft aif4Fl6 ffiQY Be J3€lStS6 Jar a
~eriea 198t t8 eH6eaa siJd)' (@9) sa)'s BAa 8Aal! 66 reflHrv'sa 'NitRiR eS:.:eFl .68)'8
feHsr:if-lg tRs aate €If ttge eleatisF'1. OMl) aRe aisA ~er aanaidata ';:HI S6 8118',:88 ~er
/@t.,
8. TeFl'l13era1i Bal'll'lers aRa flCl'll'lantB !!FI'II3I€lyes fer !jral'la 8:el'l~=.!j fef ~lcJ8il'lf~~l
0Btal9l-isl=1meAts, s~e6ial S'laRia BRa F16lietays sAalllge rems;e 'h'l 119 €l~r S8A
dale aft0r 3t18~ SA 8~ef\il9~, e'lI'EAt elf t>1elias',1' GaAROtS ar ~6AAaAts ',,\'Risl9 are BR
inte@ral 138ft !Sf tRe aesi@Fl Sf arSAoootLlf8 af a BtJileJiAg are rsermitted.
C. OMe tOffif9G,"ary idaAtmoatisR aigl9, settiA@ feftF1 tRe Raffle sf tMe f3r&jest, arBRite8t;
oA~if'16ers, sSFltfG8tarBl FJlaFlRers 819€l fiAaR6iA!3 a~eA6ie~, R98Y Be. iA8tallea at a
eH~A6trt;l8ti6fl site iA 8ft)' aiatriet faf t~e Flsriea sf 8sRstrl;;lstI6rl. Tlge 61@A ares sf a
Page 39 of 69
5 Amcnued:
4 Amended: 2/19/02
3 Amended: 9/4/0 I
2 Amended: 6/27/01
I Amended: litO/OJ
Btfective 9/5/00
City ofCenterville Ord. #4
tefflFl6fary i€lef.ltifi6atie~ gi@f.l sMsllnet SHB12:ea tl9ir4:y fivG (35) 8~l;lar6 feet.
e. If! aM)' 61istrist, efle tSAAJ:jElf8I)' feal 8state Si@fl may be ereetee fer tl9a I5tJfJ9ose af
a8'~'0rtisiA~ tlge lease Sf sale sf t3foFlerty l:J~€JM 'N~iel9 it is f3la8ad. DAly Sf.le sl:J619 Si@A
8AsII as ~6rll"litte€llger street fremta@e. SEJ819 Sif3A sf=:1al/ 1912: rsmsvsa '.\'itl>'1iA ss':efl (7)
861)'8 fsl/€l\\'il9@ lease €lf sale:-
C. OlgeFl f.1f3US8 Sf etFl8f temf9srary 6i~A8 t198t are J:jlssea SMa reFA6'~'ea an tR6 saffle
~
ffie fflflAiA1EJff'\ size ef SI;IBA si@lAS fer eas19 aistrist is 88 feHevJ8:
nesi€t6F1tial Distriets 0.................................................. TeA (1 Q) 8~l:IarS feet
.^.@rieulttJre aF'ls rl:JBlis/1F'lstittttieFlsl Distriets 0,............. T'Ne19ty fiY8 (2e) s~uafs feet
Cemmsf6iaLJIM8ustFfsl Distriets 13................................. T19ir4:y t.\'e (32) 6~t;:jare feet
Sectian 11 Q 939: PaRabls Signs. r6l'tsele Si@A6 are ~ra19ibite€l il9 rssiaeAtial aistriets. reFtaBJa si@Rs in
aU @tAer Distrigts aFe aller::ea \vitl9 ~arr'flit 8S 8~e8ifi6ally sutf.9arizs6 1geIEf/:. r6F4:asle 6i~RS US06 "H5f tfi6
~EJr~a3e af aife6tiA~ tR8 Fll;1l3lis will ~e Flermittea sl;IBjset te t19s fall€lv..iA~ S619SitisAS:
^
'"
Sai€! 8i~fl is esiFlEliasRtal ta Sf t:lS08 il9 B6Ajl:JASti€lM wit19 a ~l;Iali6 fI=JFlstiSfl; BRa
B.
Saia SigjA is t;Jse.s fer a sp6aial 8l:JsiMeS3 ~ramatieA sr eveRt; aA€I
D.
TAe J3eria~ af use fsr Sl;I6A a Si@R shall Aat eHeBe€! f81;lrtee19 (11) eeA66gl;1ti'~'e days;
aM
D.
r Ja BI;JsiflOS8 may her,s fflore thaf-l SiH (e) sf3eeial ~r6A18tieF'16 6f ,erll'eAts ~er year; aAd
E.
rertaale 'gj~RS ffi3j' Flat 8H6se€l ei~Rt)' (g9) 8~l;Iare feet.
SeotiaA 11cQ 949: CampreheRSi"'e Sign Plan ReEl~ired. .^, CeffiJ:jrehsAsi'~'6 Si!3R ria A i6 fsql1ire€l st tfx1e
ttmc 5t rlSflRiFl@ aAd ZSRiR!3 COfflffiissioM r(r~'ier.\' af SAY tJr6f;l03ea Cernmereial Sf iRdustrial ae':ela~ffi6flt.
Said !3IOfl shaH ifH~iBate tAe I06atieFl, size, F\si@I1C solar, li~flHAg SMa arieAtatioA af all t3f€l fj &006 SisgF'18 SAd
s~all be SUBmitted fer aWf€r~'al ~urSl;IaRt t6 the f0@ulatisflS of t196 City af Cef1tor~'iIl8.
^
'\0
Tlge folloi.viAg SigHS are fJsrA1itt0B iA tlge neSia0f\tial BAa rtlslis/IAsUttJtloFH.:M Bistriflts:
1. tJ-ame Plate Signs: GAS (1) Si@R Ast t8 e;((~eeei 1'/;13 (2) s~uare
f-e6t i19 area fer sa814 SiAgle raFAil~', aetssAs€f, ct'.;6ltiR~ Sf sb{
(6) se)e1are feet iR area . fef seeR rw1uJtiJ:jls faA1ily sRd
PttbIi6/IRstitutisJ.1al iaLlilaif1~. Said f'lemefjlate 8Aall jRsieate 61"111'
nBR'l6 81"1a aa€lfe~3.; aAB
Page 40 of 69
I
I
I
2.
5 Amt::nt.leJ;
4 Amended: 2/l9/02
3 Amendct.l: 9/4/0 [
2 Amended: 6/27/01
1 Amended: 1/ I % 1
EtTective 9/5/00
City ofCcntcl'viJJc OrJ. #4
Ptlblis, Institutional, ana Reereatieflal gigAS: ORe gi~R er
81;;J1le.tiA i3esr€l flap street ff8l"1ta@6 fer 886M ~errTlitte€ll;;1se IR saie
distrist, J3nr:i€4eef saia si!3~ sfilall J=I€lt Sl(SSea Rfty (59) square
feet iA area al'l€! s,"BII Be /JIBee€! sl;tsi€le sf t,"e street fi~,"t sf
'.vay 'XitR tRe 8)(88[3tI819 af tAe 86F1ter
islS19d BRa gRail Rat e;~€le:8d t.velve (12) feet ir=l RsiE)Rt; elRS
2. Area IdentifiestiaA gign: Ot9e. (1) SiElA Aet t6 eHseea tW!;;Aty
fel;lf (21) sql:Jare feet ifl area ref saBA )3laRReet resiaeRtial
distfist 6RtrsRS6, fJn~r,:iao6 saia aigjl9 is Flet I9laeeel witf;:\ifl SAY
street rtgjRt af 'sa}' aRB 886S Rat e;~geaa teR (1 Q) feet iR Aej~t=1t.
B. TA8 follawiA@ eiEJA6 are ~erffiitteet iA tR8 Cemffiersial ems Ifidl1stfial Diatriet3:
1. Wall SigAS: I)...'all si@f-lS are f]srffiittea SA sasR FJl;101i6 street
OHFJ6BtlfS af ~l:.I81i8 J9arldR~ e)~fJa6t:lre ~rs'v'ideel saia 3i~f-laEJe
66es R@t swssea teA ~ef6eH~t (19q~) sf aaja '::all af6a; SMa
2. rree Standing Signs: ORe. (1) free gtaFu3iA~ Si@R ~or street
fr18AtS@8 I3rel'iietea, 19a'Ne.'v'er, aaia 6i~A aElBe Ast SHssea e{~Rtj
(g9) 8~tJare feet iA area ana ~'eAt)' (29) feet iA R8j~Rt; aRB
3, I.rea Identifisatiaft Ei!RS: Ol"'le (1) area iasAtifi88tisA siEJI9 i6
r3srmitte€l l3er street freAtSEl8 Fler samFflsr8isI Elr iRdustrial
e1tr;sI6~fAeAt f3nr/iaes1 Is'\€IVo's',,'e:r, saia Si~A aSBS 1981 6H6sea
abty fgt;jf (€ 1) s€'tuare f06t iF! area BAa tv/onty (29) feet iF'l
Rci~t, BRa is flet plssee ....'itRir9 t6fl (19) fect 8f SA)' street ri~t9t
sf ~\'aJ" 5
Division 115: HeiQht
Section 115-010: Dwellings. No dwelling or other building may be erected to a height exceeding thirty-
five (35) feet without the issuance of a Special Use Permit.
Section 115-020: Excess Height on a Permit. Upon the securing of a Special Use Permit any building
may be erected to a height exceeding that specified for the respective district providing:
A. The front, rear and side yards shall be increased one (1) foot for each one (1) foot
by which the building exceeds the height limit established for such district; and
B. The structure is any of the following: television and radio towers, church spires,
belfries, monuments, tanks, water and fire towers, grain elevators, stage towers and
Page 4l of69
5 Amended:
4 Ametll.!ed: 21t 9/02
3 Amended: 9/4/01
2 Amended: 6/27/0]
1 Amended: 1/10/01
Effective9/S/(}{)
CiLY of Ccnterville Ord. #4
scenery lofts, cooling towers, ornamental towers and spires, chimneys, elevator
bulkheads, smokestacks, conveyors, flagpoles, silos, and air conditioning and
heating units; and
C. No tower, gable, spire, or similar structure shall be used for sleeping or eating
quarters, or for any commercial purpose except one (1) incidental to the permitted
uses of the main buiiding.
Division 120: Yards
Section 120-010: General Requirements. The minimum depth affront yards, rear yard and side yard
for each District shall be as defined in the Schedule of Regulations and conform to the following additional
regulations:
A. All structures, whether attached to the principal structure or not, and whether open
or enclosed, including porches, carports, balconies or piatforms above normal grade
level shall not project into any minimum front, side or rear yard; and
8. Lata wRi6A 1381;11 61"1 mars tJ=iafl eR6 (1) strest sj;]oll ~Fa"iae tA6 re~e1ireEJ fr6F1t yaras
alaME] ea6F1 street. near yare 8stElashs 8AsII flat Be ref:ilJireel 6Fl ssrr"1er 1618 SiAS€:
siefe )'ara 8s1eBehs 8t3f3ly; BAa
B. Lots which abut on more than one (1 \ street shall provide the required front yards
alona each street for the principal structure. Side yard setbacks for an accessory
structure will apply to the frontaqe that is not5 considered to fleI be the required front
yard: and'
C. Any principal structure situated on lands contiguous to or abutting any portion of the
public lakes in Centerville shall maintain yard setbacks of seventy-five (75) feet from
the lake. Where adjacent structures have yard setbacks different from these
requirements, the minimum setback from the lake shall be the average setback of
such adjacent structures to a minimum of fifty (50) feet; and
D. The minimum side or rear yard depths for the following non-residential structures or
uses which abut any lot in any Residential District shall be:
1. Off-street parking spaces and access drives for non-
residential uses - Twenty (20) feet; and
2. Churches, schools and public or semi-public structures -
Forty (40) feet; and
3. Recreation facilities, entertainment facilities, all business
Pagt: 42 of 69
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/01
2 Amended: 6J27JO J
1 Amended: 1110101
Effective 9/5/00
City ufCi.lnlervi1\e Oru. #4
uses and all industrial uses - Sixty (60) feet.
Section 120-020: Computing Front Yards. For the purpose of computing front yard dimensions,
measurements shall be taken from the nearest point of the front wall of the building to the street right-of-
way line subject to the following qualifications:
A. Cornices, canopies, or eaves may extend into the required front yard a distance not
exceeding two (2) feet, six (6) inches; and
B. A landing place or uncovered porch may extend into the required front yard to a
distance not exceeding six (6) feet, if the landing place or porch has its floor no
higher than the entrance floor of the building. An open railing no higher than three
(3) feet may be placed around such place; and
C. The above enumerated architectural features may also extend into any side or rear
yard to the same extent, except that no porch, terrace, or outside stairway shall
project more than three (3) feet into any side yard and then, in the case of an
outside stairway, only if it is unroofed and unenclosed above and below the steps.
In no case shall a porch, stair landing, or any other architectural feature extend
closer than four (4) feet to the side property line; and
D. On a corner lot in any Residential District, nothing shall be erected, placed, planted,
or allowed to grow in such a manner as materially to impede vision between a height
of two and one-half (2 1/2) and ten (10) feet above the centerline grades of the
intersecting streets in l/9a area trianqleS bounded by the street of the lot and a line
joining points along the street lines fifty (50) feet from the point of the intersection.
Section 120-030: Erection of More than One Principal Structure on Lot. In any district, more than
one structure housing a conforming principal use may be erected on a single lot if yard and other
requirements of this ordinance are met for each structure as though it were on an individual lot. Required
on-site parking space shall be provided on the same lot as the principal building or use, except that
combined or joint parking facilities may be provided for two (2) or more buildings or uses in commercial
districts and in industrial districts, provided that the total number of spaces is not less than
the sum of the requirements for each building or use. The proposed joint parking space shall be within
four hundred (400) feet of the entrance of the use it will serve. A properly drawn legal instrument,
approved by the City, executed by the parties concerned, for joint use of the off-street parking facilities
shall be filed with the County Recorder's office.
-'vision 125: Performance Standards
Every use permitted by this ordinance shall be so established and maintained as to comply with the
provisions of this section. The Council may require the owner or operator of a use permitted by this
ordinance to provide such tests or investigations by an independent testing organization satisfactory to
Page 43 of 69
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/01
2 Amended: 6/27/01
1 Amended: 1/10/0 1
Effective 9/5100
City of CcnterviJlc Ord. #4
the Council as are necessary to show compliance with these standards. The cost of such investigation
and tests shall be shared equally by the owner or operator and the City unless the results disclose non-
compliance with these standards; in that event, the entire cost shall be borne by the owner or operator.
This provision does not preclude the City from making any investigations and tests it finds appropriate to
determine compliance with these standards.
Division 130: On-Site SewaQe Treatment Standards
The installation and repair of individual on-site sewer systems shall be in compliance with Minnesota
Pollution Control Agency Rules, Chapter 7080.
A. Permit Required: No person shall install, repair, alter or pump an on-site sewer
system without first obtaining a permit.
B. License Required: Installation, repair, pumping and hauling of private on-site sewer
systems requires licensing per MPCA Rules, Chapter 7080 as administered by the
County.
Division 135: Nuisance Standards
Section 135-010: Odors and Emissions. Odors and emissions from any use shall not exceed the
regulations set forth by Minnesota Pollution Control Agency Rules.
Section 135-020: Dust and Particulate. Dust and particulate matter from any use shall be in
compliance with and regulated by Minnesota Pollution Control Agency Rules.
Section 135-030: Noise and Vibrations. Noise and vibrations generated from any use shall be in
compliance with and regulated by Minnesota Pollution Control Agency Rules.
Section 135-040: Glare. Direct or reflected glare, such as from flood-lights, spotlights, or high
temperature processes, and as differentiated from general illumination, shall not be visible beyond the
site of origin at any property line. Any lights used for exterior illumination shall be directed away from
adjacent properties.
Section 135-050: Waste. All waste generated from any use shall be managed in compliance with and
regulated by Minnesota Pollution Control Agency Rules. Waste generated on any premises shall be
kept in containers designed for waste collection and stored in a structure or within an approved enclosed
or screened area. The accumulation, storage, processing or disposal of waste, compost or recyclable
materials on any premises, which is not generated on that premises, is prohibited, except as specifically
provided in this Ordinance.
Section 135-060: Smoke. Smoke shall be measured at the point of emission by using the Ringelman
Smoke Chart published by the United States Bureau of Mines in Circular No. 7718. Smoke not darker or
Page 44 of 69
5 Amended:
4 Amcnded: 2119/02
3 Amcntlcd: 9/4/01
2 Amended: 6/27/01
I Amended: 1110/0 I
Effective 915100
City ofCenterville Ord.1I4
more opaque than NO.1 on that chart may be emitted except that smoke not darker or more opaque than
NO.3 on the chart may be emitted for a period not longer than four minutes in any thirty minutes. These
provisions applicable to visible gray smoke of a different color but with an equivalent capacity.
Section 135-070: Fumes or Gases. Fumes or gases shall not be emitted at any point in concentrations
that are noxious, toxic, or corrosive. The values give in Table I (Industrial Hygiene Standards - Maximum
Allowable Concentration for eight (8) hour day, five (5) days per week), Table III (Odor Thresholds), Table
IV (Concentrations of Substances Causing Pain in the Eyes), and Table V (Exposure to Substances
Causing Damage to Vegetation) in the latest revision of Chapter 5 "Physiological Effects" that contains
such tables, in the "Air Pollution Abatement Manual" published by the Manufacturing Chemists'
Association, Inc., Washington, D.C., are hereby established as guides for the determination of
permissible concentration and amounts. The City may require detailed plans for the elimination of fumes
or gases before the issuance of a Building Permit.
Section 135-080: Fire Hazards. Any activity involving the use or storage of flammable or explosive
materials shall be protected by adequate fire-fighting and fire prevention equipment and by such safety
devices as are normally used in the handling of such materials. Such hazards shall be kept removed
"rom adjacent activities to a distance which is compatible with the potential danger involved.
Section 135-090: Air Pollution. Every activity shall conform to state regulations relating to air quality
standards and air pollution control.
Section 135.100: Radioactivity or Electrical Disturbance. No activity shall emit dangerous
radioactivity at any point or any electrical disturbance adversely affecting the operation of any equipment
at any point other than that of the creator of such disturbance.
Section 135-110: Explosives. Any activity or operation requiring the use, storage or manufacturing of
explosives shall be located no closer than five hundred (500) feet from any residence, provided further
that the location of said activity or operation is such that damage from explosion, including flying debris,
vibration or smoke, is limited to the site on which the activity or operation is permitted.
Section 135.120: Burning. No person shall start or allow any open burning on any property in the City
without first having obtained an Open Burn Permit. Any person setting a fire or burning anything in the
City shall do so following City Fire Department, Department of Natural Resources and Minnesota
Pollution Control Agency Rules. Recreational fires three (3) feet x three (3) feet are allowed.
Recreational fires must be activeiy attended by a responsible aduit. When the fire is abandoned it must
be completely extinguished.
'" 'ction 135.130: Bulk Storage. The storage of all bulk liquids, fuels, chemicais, and gases shall be in
npliance with and regulated by Minnesota Pollution Control Agency Rules, Minnesota State Fire
Marshal rules and the Minnesota State Building Code.
Page 45 of 69
5 AmcndcL1:
4 Amended: 2/1lJ/02
3 Amended: 9/4/0 1
2 Amended: 6/27)01
I Amended: 1/10/01
Eftcctiw 9/5/00
City ofCenterville Orc!. #4
Section 135-140: Outside Storage. All products, materials and equipment, except as specifically
provided in this Ordinance, shall be stored within permitted structures, except for the following:
Residential Districts and DwellinQs in the M.1 Districts:5
A. Agricultural products, equipment and appurtenances owned by the owner of the
property and used on the property on which they are kept; and
B. All licensed and operational motor vehicles shall be parked on the permitted
driveway area. Any non-licensed, non-operational vehicles must be stored in an
enclosed structure; and
C. Amaximum of two (2) of the following units may be stored outside. of a structure for
more than forty-eight (48) hours on any residential parcel provided they are stored
on the permitted driveway area outside of the road right-of-way or are in a side or
rear yard. A licensed motor home or fifth wheel trailer is allowed in a side or rear
yard.
1. Boat
2. Camper
3. Motor home
4. Snowmobile's
5. Personal watercraft
6. Personal Utility Trailer
7. Ice House
8. Small construction equipment
( None of the above mentioned items may have an overall length from front to back in
excess of thirty-five feet (35').
D. Clothes lines, antennae, air conditioners, outdoor grills, play equipment, ornaments
and monuments; and
E. Temporary storage of materials and equipment during construction and landscaping.
Commercial/Industrial Districts:
Storage of products, materials and equipment, excluding rubbish or junk, which is necessary to an
approved business operation in a Commercial or Industrial District, and which is completely screene~
from adjoining properties and rights-of-way. The Site Plan Review process is required to determine th
appropriateness for storage permitted in this Section, surfacing required for the storage area and the
screening required. The Site Plan Review process requires a hearinq before the Planninq and Zoninq
Committee and the City CounciJ.5 Outside display of vehicles, equipment and merchandise for direct sale
Page 46 of 69
5 Amundcd:
4 Amcnded: 2119102
3 Amended: 9/4/0 I
2 Amended: 6/27/0 I
1 Amunded: l/to/Ol
6ffcctive 915/00
City ofCllntcrville Ord. #4
to consumers when such outside display is customary and necessary to the trade and is a permitted use
within the zoning district. The Site Plan Review process is required to determine the appropriateness of
the storage or display proposed, surfacing required for the display area and any additional landscaping or
screening which may be required.
Division 140: Surface Water Manaaement
Storm water shall be managed in accordance with the City's Surface Water Management Plan, National
Urban Runoff Program (NURP) standards for the design of new storm water ponds and the Minnesota
Pollution Control Agency's, Urban Best Management Practices, titled "Protectina Water Qualitv in Urban
Areas". These standard shall be applied to the review of any proposed development occurring to reduce
non-point source pollutant loadings in storm water runoff.
Existing natural drainageways, natural water storage or retention areas, and vegetated soil surfaces
should be used to the greatest extent possible to store, filter and retain storm water runoff before
discharge occurs into any public waters. When natural features and vegetation are not available to
handle storm water runoff, constructed facilities such as diversions, settling basins, skimming devices,
dikes, and man made waterways and ponds may be used. Preference shall be given to designs using
...;urface drainage, vegetation, and infiltration rather than buried pipes and manmade materials and
facilities. Development should be planned and conducted in a manner that will minimize the extent of
disturbed areas, runoff velocities, erosion potential, and reduce and delay runoff volumes.
Division 145: Wetland Protection and Manaaement
In accordance with the Wetlands Conservation Act of 1991, the following regulations shall apply to
wetland areas:
A. e anent natural buffer areas and appropriate erosion control measures be taken
surrounding wet an areas to prevent sedimentation of the wetland; and
B. Wetlands may not be drained or fiiled, wholly or partially, unless replaced by
restoring or creating wetland areas of at least equal public value. Wetland
encroachment must be guided by the following principles in descending order:
1. Avoiding the direct or indirect impact of the activity that may
destroy or diminish the wetland; and
2. Minimizing the impact by limiting the degree or magnitude of
the wetland activity and its implementation; and
3. Rectifying the impact by repairing, rehabilitating, or restoring
the affected wetland environment; and
4. Reducing or eliminating the impact over
Page 47 of 69
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/01
2 Amended: 6/27/01
I Amended; 1/ 1 010 1
Effective 9/5/00
City of Centerville Ord. #4
time by preservation and maintenance operations during the
life of the activity; and
5. Replacing or providing substitute wetland resources or
environments.
Division 150: Woodland Preservation
In residential areas, structures shall be located in such a manner that the maximum number of woodlands
shall be preserved, If large numbers of trees are cut in residential areas, trees shall be replanted in a
density and manner satisfactory to the City Council. Clear cutting of woodlands for non-agricultural
purposes is prohibited, unless the action involves a utility or roadway, required by the public, and includes
a reforestation plan required by the City Council.
Division 155: Erosion and Sedimentation Control
No land occupant or developer in the City shall cause or conduct any land disturbing activity which
auses excessive erosion or sedimentation, or which results in damage to water or soil resources, All
evelopment in the City shall conform to the natural limitations presented by the topography and soil
types in order to minimize soil erosion and sedimentation, Erosion and sedimentation controls shall be
consistent with the MPCA's, "Best Management Practice",
Land disturbing activities shall occur in increments of workable size such that adequate erosion and
sediment controls can be provided throughout all phases of the development. The smallest practical area
of land shall be exposed or otherwise disturbed at anyone period of time. Areas where natural
vegetative barriers are not enough to contain erosion and sedimentation from penetrating water bodies,
wetlands, water courses or neighboring properties shall be staked with silt fences and straw bales,
Division 160: Landscaping
Section 160-010: Minimum Quantities. All new development activities, including site modifications or
use intensifications, shall be subject to landscaping improvements. The following table illustrates
guidelines within each zoning district:
District Overstorv Trees Foundation PlantinQs'
R-1 2 trees/unit/street frontaqe 1 None
R-2, 4 & 5 2 trees/unit/open space exposure2 None
R-2A 8 trees plus 2 trees/unit3 None
B-1 8 trees or 1/3000 sq, ft, site areas 1/10 ft, building & parking
area
M-1 8 trees or 1/3000 sq, ft. site areas 1/10 ft. building & parking
area
Page 48 of 69
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/01
2 Amended: 6/27/0 I
1 Amended: III a/a 1
Effective 9/5/00
City ofCenterville Ol'd, #4
1-1 8 trees or 1/3000 sq. ft. site area5 1/10 ft. building & parking
area
P-1 8 trees or 1/3000 sq. ft. site area5 1/10 ft. building & parking
area
1 Trees shall be deciduous and planted at the boulevard, except on cul-de-
sacs where one of the required trees may be planted off the boulevard
but in the front yard area.
2 Trees shall be deciduous. Unit exposures with street frontage shall be
planted at the boulevard.
3 Tree spacing must include trees at the boulevard at minimum fifty (50)
foot intervals.
4 The calculation for the number of foundation plantings is based upon one
(1) planting for each lineal foot of building perimeter and parking lot
perimeter. Plantings may be grouped rather than dispersed atten (10)
l foot intervals.
5
The required number of trees is based upon a minimum of eight (8) trees
or one (1) tree per three thousand (3000) square feet of site area,
whichever is greater. Tree spacing must include trees at the boulevard at
minimum fifty (50) foot intervals.
Section 160-020: Minimum Standards.
A. Overstory Trees:
1. Deciduous Trees: Two and one half (21/2) inc~
planting size, balled and burlapped. V
2. Coniferous Trees: Six (6) feet in height planting size, balled
and burlapped.
B. Foundation Plantinos: Coniferous and deciduous shrubs shall be planted at a
minimum of one-third the mature spread and height of typical growth habits.
C. Boulevard Trees: All boulevard trees shall be hardwood shade trees or flowering
trees.
D. Oyerstory Mix: When multiple quantities of overstory trees are required, at least
seventy-five percent (75%) of the trees required shall be deciduous trees.
E. Hardiness: All landscape materials proposed shall be consistent with Minnesota
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Hardiness Zones, whether indigenous orforeign. Plant species must all be tolerant
to snow storage, exposure to salt and sun scald in parking areas.
F. Diversification: In any development in which at least eight (8) overs tory trees or
foundation plantings are required, at least three (3) varieties of boulevard trees are
required on each side of the block.
G. Warrantv: All required landscape materials shall be warranted for growth for a
minimum of two (2) years after planting.
Division 165: Off-Street Parkina
When a building is enlarged, additional off-street parking shall be required only with respect to the
additional usable floor area. Parking spaces may be located on a lot other than that containing the
principal use with the approval of the City Council.
ection 165-010: Change in Facilities. An off-street parking area shall not be changed to any other
Jse until equal facilities are provided elsewhere. No parking area used or designated in connection with a
building in existence on the effective date of this ordinance shall be reduced to provide fewer than the
minimum number of parking spaces required under this Ordinance.
Section 165-020: Off-Street Parking and Loading Zones. No building shall be hereafter erected,
substantially altered, or its use changed unless off-street parking and loading spaces have been provided
in accordance with the provisions of this ordinance. The number of off-street parking spaces provided
shall be at least the minimum number provided in the schedule contained in this Section.
Section 165-030: Off-Street Loading. A loading space shall have minimum dimensions of not less
than twelve (12) feet in width, fifty (50) feet in length, exclusive of driveways, aisles, and other circuiation
area. One (1) off-street loading space shall be provided and maintained on the same lot for each
commercial and industrial use requiring regular delivery of goods and having a modified gross floor area
of more than ten thousand (10,000) square feet. One loading space shall be provided for each additional
twenty-five thousand (25,000) square feet or fraction thereof. No off-street loading space shall be located
in any yard adjoining any residential use. Required off-street loading space shall not be included as off-
street parking space in computing required off-street parking space. Vehicles utilizing such loading space
shall not project into the public right-of-way.
Section 165-040: Fractional Space. When an application of the standards of this Ordinance with
respect to number of off-street parking spaces results in the need to provide a fraction of one (1) space,
fraction of one-half (1/2) or less shall be disregarded and any other fraction shall be construed as one
, ,
Section 165-050: Uses Not Mentioned. For any use not specifically mentioned in the schedule of off-
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street parking and loading requirements, the number of spaces required shall be that required for that use
named in the schedule which is determined by the Planning Commission to be most similar.
Section 165-060: Spaces For Five or more Automobiles. Parking areas consisting of five or more off-
street parking spaces shall have individual spaces so marked and shall be so designed, maintained and
regulated that no parking or maneuvering incidental to parking shall be on any public street, walk, or alley
and so that any vehicle may be parked and unparked without moving another.
Section 165-070: Improvement and Maintenance. Required parking and loading spaces, together with
driveways, aisles, and other circulation areas, shall be improved in such a way as to provide a durable
and dust-free surface. All parking and loading areas shall provide for proper drainage of surface water to
prevent the drainage of such water onto adjacent properties or walkways. The owner of any parking or
loading area shall maintain the area in good condition without holes and free of all dust, trash, and other
debris.
Section 165-080: Access. All off-street parking areas shall have access from driveways rather than
from public streets, said driveway access shall be limited to twenty-four (24) feet in width at the public
street line.
Division 170: BuildinQ Numbers
Section 170-010: Numbers Required. It shall be the duty of the owner, leaser, or occupant of every
house, industrial, commercial or other building to have proper house or building numbers either by affixing
to said building such numbers in metal, glass, plastic or other durable material. The numbers shall not be
less than six (6) inches in height, in a contrasting color to the base, and so placed to be easily seen from
the street.
Section 170-020: Alternative Display. In those cases where the principal building is obscured from
view from the street of address by accessory buildings, trees, shrubbery or other visual obstruction, the
numbers shall be displayed from a permanent mounting on the property so that they are clearly visible
from the street of address.
Division 175: SportinQ, Athletic, and Music Events
Sporting, athletic, and music concert events, as defined herein, shall be permitted by Special Use Permit
in the Residential Districts of the City of Centerville, subject to the following requirements:
A. Sporting, athletic, or music events shall be defined as the conducting of such
events by individuals, non-profit or profit organizations, partnerships or corporations
wherein participants and/or patrons are charged an entry fee for the right to
participate in such event and/or compete for monetary or merchandise prizes.
Such events shall include, but not be limited to, softball, football, volleyball,
broomball, ice or field hockey, tennis, basketball tournaments, or outdoor music
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concerts; and
B. Such activities shall be considered a Special Use within all Residential Districts of
the City and shall require a permit therefore. The City shall have the right to make
provisions in such permittor insuring public health and sanitation, traffic regulation,
noise and litter control and regulation on the number of events that may be
conducted on a specific site.
Division 180: Planned Unit Develooments {PUDsl
Section 180-010: Objectives. To h.elp encourage a more creative approach to the use of land,
departures from the Centerville Zoning Ordinance may be granted by the City Council in the form of
Planned Unit Development Districts to achieve:
Subd. 1:
Subd. 2:
Subd. 3:
Subd. 4:
Subd. 5:
A maximum choice of living environments by allowing a variety of
housing building types and permitting an increased density per acre
and a reduction in lot dimensions, yard, building setbacks, and area
requirements; and
A more useful pattern of open space and recreation areas and, if
permitted as part of the project, more convenience in the location of
accessory commercial uses and services; and
A development pattern which preserves and utilizes natural features,
trees and other vegetation, and prevents the disruption of natural
drainage patterns; and
A more efficient use of land and a resulting substantial savings
through shorter utilities and streets; and
A development pattern in harmony with land use density;
transportation facilities, and community facilities objectives of the
comprehensive plan.
Section 180-020: General Requirements. A special use permit shall be required of all Planned Unit
Developments. The City may approve the PUD only if it finds the development satisfies all the following
standards:
Subd. 1:
Subd. 2:
The development shall be planned so that it is consistent with the
Centerville Comprehensive Plan; and
The PUD is an effective and unified treatment of the development
possibilities on the project site and the development plan provides for
the preservation of unique natural amenities such as streams, stream
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banks, wooded cover, rough terrain, and similar areas; and
Subd. 3: The planned unit development proposal appears to harmonize with
both existing and proposed development in the area surrounding the
project site; and
Subd. 4: The tract of land shall be under unified control at the time of
application and scheduled to be developed as one unit. In addition,
the development plan must include provisions for the preservation of
natural amenities; and
Subd. 5: Each phase of the proposed development, as it Is proposed to be
completed, is of sufficient size, composition, and arrangement that its
construction, marketing, and operation are feasible as a complete unit,
and that provision and construction of dwelling units and common
open space are balanced and coordinated; and
Subd. 6: The PUD will not create an excessive burden on parks, schools,
streets, and other public facilities and utilities which serve or are
proposed to serve the district; and
Subd. 7: The proposed total development is designed in such a manner as to
form a desirable and unified environment within its own boundaries;
and
Subd. 8: The plans required under this Section must be submitted in a form
which will satisfy the requirements of Ordinance #8 for the preliminary
and final plans; and
Subd. 9: Permission to develop specific parcels of land under the provisions
which follow shall be binding on all construction. Any change in the
development plan after approval by the City Council shall be
resubmitted for consideration; and
Subd.10: Subdivision review under the Subdivision Ordinance shall be carried
out simultaneously with the review of a PUD under this section of the
Zoning Ordinance.
Section 180-030: Uses Permitted. Permitted uses may include any combination of dwelling units i
single-family, two-family, town or row houses; any non-residential use to the extent such non-residentia
use is designed and intended to serve the residents of the planned unit development; public or private
education facilities; or other uses permitted in the Zoning District in which the planned unit development is
located. When a PUD proposes a mixture of residential uses with commercial uses, the Council may limit
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the development of not more than ten percent (10%) of the tract to commercial uses.
Section 180-040: Relationship of PUD Site to Adjacent Areas. The design of a PUD shall take into
account the relationship of the site to the surrounding areas. The perimeter of the PUD shall be so
designed as to minimize undesirable impact of the PUD on adjacent properties, and conversely, to
minimize undesirable impact of adjacent land use and development characteristics on the PUD.
Section 180-050: Minimum Size. A PUD shall consist of at least ten (10) acres.
Section 180-060: Minimum Lot Size. The minimum lot size requirements of other sections of this
Ordinance do not apply to a PUD except that the minimum lot size requirements of the underlying zone
shall serve as a general guideline to determine the maximum dwelling unit density of the total
development.
Section 180-070: Setback and Side Yard Requirements. Notwithstanding other provisions of this
article, setback and side yard requirements of lots in a PUD shall be at least equivalent to the spacing
equirements of buildings similarly developed under the terms of this ordinance on separate parcels.
Section 180-080: Access to Public Right-of-Way. The site of a PUD shall abut, and the major internal
street or streets serving the PUD shall be connected to, at least one primary arterial, or neighborhood
collector street.
Section 180-090: Utility Requirements. Utilities, including telephone and electrical systems, installed
within a PUD shall be placed underground. Utility appurtenances, which can be effectively screened,
may be excepted from this requirement if the City finds that such exception will be consistent with the
objectives of this article and the character of the proposed PUD.
Section 180-100: Open Space. A minimum of twenty percent (20%) of the gross land area for private
or public open air recreational use protected by covenants running with the land or by conveyances or
dedicated as the Planning and Zoning Commission may specify shall be an integral part of the plan.
Such Open Space areas shall not include land devoted to streets, parking and private yards. Whenever
possible, common Open Space shall be linked to the Open Space areas of adjoining developments.
Common Open Space shall be of such size, shape, character, and locations as to be usable for its
proposed purpose.
Section 180-110: Parking. Off-street parking and loading space shall be provided in each PUD in the
same ratios for types of buildings and uses as required in the underlying Zoning District.
- ction 180-120: Arrangement of Commercial Uses. When a PUD includes commercial uses,
nmercial buildings shall be planned as groups having common parking areas and common ingress and
egress points. Each commercial area shall be separated from abutting residential areas by appropriate
screens or fences. The design of commercial areas shall provide for the integrated and harmonious
design of buildings and for adequate and properly arranged facilities for internal traffic, circulation,
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City ofCentervilJe On1. #4
landscaping, and such other features and facilities as may be necessary to make the areas attractive and
efficient from the standpoint of adjacent non-commercial areas. Any area which is not to be immediately
improved or developed shall be landscaped or otherwise maintained in a neat and orderly manner as
specified by the City.
Section 180-130: Arrangement of Industrial Uses. In any PUD including industrial uses, the industrial
uses shall be provided in park-like surroundings utilizing landscaping and existing woodlands as buffers
to screen lighting, parking areas, loading areas and outdoor storage of raw materials or products. An
industrial area in a PUD shall provide for the harmonious design of buildings and a compact grouping in
order to economize in the provisions of required utility services. Streets in a planned industrial area shall
be kept to a minimum in order to reduce traffic. All spaces between the right-of-way line and the industrial
building line and all intervening spaces between buildings, drives, parking areas, and improved areas
shall be landscaped with trees and plantings and properly maintained.
Section 180-140: Procedure.
Pre-Application Meeting. Before submitting a formal application for a PUD under 55.03, the developer
shall meet with the Planning and Zoning Commission. The purpose of this meeting is to discuss early
and informally the purpose and effect of this Ordinance and the criteria and standards contained in this
Ordinance and to familiarize the developer with the City's Comprehensive Plan, including the land use
plan, the major thoroughfare plan, and the parks and Open Space pian, and with the subdivision
regulations and the drainage, sewer, and water systems of the City.
Section 180-150: Application. An application for approval of a Preliminary Development Plan for a
proposed PUD shall be made to the Planning and Zoning Commission, by at least one owner or lessee of
property for which the PUD is proposed. The application shall be accompanied by a certified check or
money order to cover the costs incurred in checking and processing such plans in an amount affixed by
resolution of the City Council. The application with accompanying Outline Development Plan shall be
submitted in twelve (12) copies and shall include:
A. A vicinity map at a scale of one (1) inch equals two hundred fifty (250) feet showing
property lines, existing streets, existing zoning, and such other items as the Planning
and Zoning Commission may require to show the relationship of the proposed PUD
to the Comprehensive Plan of the City, to existing schools and other community
facilities and services, and to the surrounding area; and
B. A preliminary plan of the PUD in schematic form showing the following:
1 . The existing topographic character of the
land; and
2. A composite of all natural amenities of the site including steep
slopes, drainage ways plus marshes, ponds and lakes; and
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3. The size of site and proposed uses of the land to be developed
together with an identification of off-site land use; and
4. The density of land use to be allocated to the several parts of
the development; and
5. The approximate location of thoroughfares; and
6. The location of common open space including public schools,
parks and playgrounds or private natural preserves; and
7. The off-street parking system.
C. A written statement including the following:
1. A statement of the ownership of all land involved in the PUD
together with a summary of previous work experience; and
2. An explanation of the general character of the planned
development; and
3. A statement describing the ultimate ownership and
maintenance of all parts of the development including streets,
structures and open spaces; and
4. A statement describing how all necessary governmental
services will be provided to the development; and
5. The total anticipated population to occupy. the PUD, with
breakdowns indicating the number of school age children,
adults and families.
D. The proposed schedule for the development of the site.
E. A statement setting forth the reasons why, in the opinion of the applicant, the PUD
will be in the public interest and consistent with the objectives specified for PUDs by
Section 51.
ction 180-160: Actions.
Subd. 1
By Commission. Within sixty (60) days of the filing of the application, the
Planning and Zoning Commission shall hold a Public Hearing on the
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Cily of Center viI Ie Ol'd. #4
proposed PUD following written and published notice as required for
amendments of the ordinance. Following such hearing and within sixty (60)
days of the filing of the application or at a later time agreed to by the
applicant, the Planning and Zoning Commission shall recommend approval
or disapproval of the preliminary proposal with such changes and conditions
as it may suggest and shall transmit its recommendations to the City Council.
In its recommendations the Commission shall determine whether the
proposed PUD is consistent with the objectives for PUDs specified in Section
51 and with the Comprehensive Land Use Plan of the City; and whether the
benefits, combination of various land uses, if proposed, and the inter-
relationship with the land uses in the surrounding area justify the deviation
from standard district regulations allowed by this ordinance for PUDs.
Subd 2.
By Council. Upon receipt of the recommendations of the Planning and
Zoning Commission, the Council shall consider the application and, after
holding such public hearing as it deems desirable, shall approve or
disapprove the application with such changes or conditions, it any, as it may
deem appropriate. Refusal of any changes or conditions shall constitute
denial of the plans by the City Council. Failure of the land owner to notify the
City Council of his acceptance or refusal of the modification to the plan
constitute acceptance of these conditions. No Building Permits may be
issued on land within the PUD until final pians for the development have been
approved by the City Council under the procedures provided in
following sections.
Section 180-170: PU D Agreement. The Zoning Administrator shall instruct the City Attorney to draw up
a PUD Agreement which stipulates the specific terms and conditions approved by the City Council and
accepted by the applicant. This agreement shall be signed by the Mayor of the City of Centerville,
Clerk/Administrator and the applicant within thirty (30) days of the City Council approval of the PUD
application and final plat. Where the PUD application and/or final plat is to be resubmitted or denied
approval, the City Council action shall be by written report setting forth the reasons for its actions.
Section 180-180: Final Review and Approval. An application for review and approval of the final
development plan shall be filed by the applicant with the Planning and Zoning Commission within six
months of the date on which approval of the preliminary plan was given by the Council. If application for
final approval is not made within the time required, the proposal shall be considered abandoned unless
an extension period is requested and granted by the City Council.
Section 180-190: Documentation Required. The final application shall be accompanied by the
following supporting documentation:
A. A final plan of the PUD in schematic form induding the following:
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1. The street system, lot layout and off street parking and loading
plan; and
2. The use, height, bulk and approximate location of buildings and
other structures; and
3. Land areas to be conveyed, dedicated or reserved for parks,
parkways, playgrounds, school sites, public buildings, and
similar public and semi-public uses; and
4. A site plan for each building site and common open area,
showing approximate location of buildings, structures and
improvements; and
5. Generalized elevations and perspectives of all structures; and
6. A site grading plan indicating the direction of flow of surface
drainage and all easements necessary for both ponding and
runoff; and
7. Plans, profiles, and specifications for the distribution of water,
collection of sanitary waste and storm water; and
8. A landscape plan indicating the location, size and type of plant
materials to be used; and
9. Plans, profiles, typical sections and specifications for proposed
street improvements; and
10. The density of land use to be allocated to the several parts of
the site being developed.
B. A written statement including:
1 . The approximate date when construction will begin by stage of
development and the area of open space to be provided at
each stage; and
2. Agreements, provisions or covenants which govern the use,
maintenance and continued protection of the development and
any of its common open areas; and
3. Other conditions specifically required by the Commission and
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the Council for the particular PUD.
Section 180-200: Action On Final Application. Procedure for action by the Planning and Zoning
Commission and the Council on an application for review and approval of the final plan for a PUD shall be
the same as prescribed by this article for the action on the preliminary proposal. In giving approval, the
Council may specify the length of time within which construction of the project must be begun or be
completed, and it may attach such other conditions as seem necessary. The final development plan shall
be in general conformance with the preliminary development plan as approved.
A. Criteria for Approval. The findings necessary for approval of both the preliminary
and final development plans shall be based on the following and describe in what
respect the plan would or would not be in the public interest.
1. The plan does not conflict with the Centerville Comprehensive
Plan.
2. The plan is designed to form a desirable and unified
development within its own boundaries.
3. The proposed uses will not be detrimental to present and future
land use in the surrounding area.
4. Any exceptions to the standard requirements of the Zoning and
Subdivision Ordinances are justified by the design of the
development.
5. The plan will not create an excessive burden on parks,
schools, streets, and other public facilities and utilities, which
serve or are proposed to serve the PUD.
B. Non-Compliance. In the event the plan as submitted for final approval is not in
substantial compliance with the preliminary development plan, the Planning and
Zoning Commission shall notify the applicant within forty-five (45) days of the date of
application, setting forth the ways in which the plan is not in substantial compliance.
1. The applicant may treat such notification as denial of
preliminary approval; or
2. The applicant may re-file his plan so that it does substantially
comply with the outline development plan; or
3. The applicant may file a written request with the Planning and
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Cily ofCcntcrvillc Ord. #4
Zoning Commission that it hold a public hearing on his request
for final approval. Any such hearing shall be held within thirty
(30) days after the request for such hearing. Within forty-five
(45) days of such hearing the Planning and Zoning
Commission shall either grant or deny preliminary approval to
the plan.
C. Final Approval. The City Council shall review and approve the Final Development
Plan if it is in substantial compliance with Preliminary Development Plan. Following
this, the applicant shall record the Final Development Plan in the manner provided
for recording subdivision plats. If the Final Development Plan is not in substantial
compliance, the applicant shall be requested to repeat the procedures outlined for
the Preliminary Development Plan.
Section 180-210: Time Limit. If work on the PUD is not started within three months of the proposed
schedule date after final approval has been granted, approval shall terminate unless an extension period
is requested or granted by the City Council.
Section 180-220: Annual Review. The Planning and Zoning Commission shall review all PUD Districts
within the City at least once each year and shall make a report to the City Council on the status of the
development in each of the PUD Districts. If the City Council finds that development has not occurred
within a reasonable time after the original approval, the City Council may instruct the Planning and Zoning
Commission to initiate rezoning to the original Zoning District by removing the PUD District from the
Official Zoning Map.
Section 180-230: Amendments. Amendments may be made in the approved final plan when they are
shown to be required by changes in conditions that have occurred since the final plan was approved or by
changes in the Development Policy of the City.
A. Minor changes in the location, sitting, and height of buildings and structures may be
authorized by the City Engineer if requested by engineering or other unforeseen
circumstances.
B. All other changes in use, rearrangement of lots, blocks, and open space, must be
authorized by the City Council under procedures outlined for amendment of the
Zoning Ordinance.
Section 180-240: Completion. Completion of the PUD shall be certified by the Planning and Zoning
Commission on the Final Development Plan. Thereafter, the use of land and the construction,
odification, or alteration of any buildings shall be governed by the approved Final Development Plan.
I""hanges may be authorized only under the procedures provided below:
A. Minor extension, alterations or modifications of existing structures may be
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authorized by the Planning and Zoning Commission if they are consistent with the
intent and purpose of the final plan and do not increase the cube of any building or
structure by more than ten (10) percent; and
B. Changes in the use of common open space or the replacement of any building
substantially destroyed which exceeds the intent and purposes of the Final
Development Plan may be authorized only by amendment to the final development.
Section 180-250: Site Improvements. At any time following the approval of a Development Stage Plan
by the City Council, the applicant may, pursuant to the applicable codes of the City apply for, and the
Zoning Administrator may issue, grading permits for the area within the PUD for which Development
Stage Plan approval has been given.
Section 180-260: Construction. The construction and provisions of all the common open spaces and
public and recreational facilities which are shown on the Final Development Plan must proceed at the
same phase as the construction of dwelling units. At least once every six (6) months following the
approval of the Final Development Plan, the Zoning Administrator shall review all of the Building Permits
issued for the planned development and examine the construction, which has taken place on the site. If
he/she shall find that the rate of construction of dwelling units is greater then the rate at which common
open spaces and public and recreational facilities have been constructed and provided, he shall forward
this information to the City Council, which may revoke the PUD Permit.
Section 180-270: Maintenance of Common Open Space. All land shown on the Final Development
Plan as common open space must be conveyed to homeowners association or similar organization for
the maintenance of the planned development. The common open space must be conveyed to the
homeowners association or similar organization subject to covenants to be approved by the City Council
which restrict the common open space to the uses' specified on the final development plan, and which
provide for the maintenance of the common open space in a manner which assures its continuing use for
its intended purpose.
Section 180-280: Homeowners Association. If a homeowners association is created, the applicant
shall submit plans at the time of final plan of development and documents which explain:
A. Ownership and membership requirements; and
B. Articles of incorporation and bylaws; and
C. Time at which the developer turns the association over to the homeowners; and
D. Approximate monthly or yearly association fee for homeowners; and
E. Specific listing of items owned in common including such items as roads, recreation
facilities, parking common open space ground, and utilities.
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Division 185: Variances
Standards
The Planning Commission shall recommend a Variance and the Council shall order the issuance of such
Variance only if it conforms to the following standards:
A. Special conditions and circumstances exist which are peculiar to the land, structure,
or building involved and do not result from the actions of the petitioner; and
B. Literal interpretation of the provisions of this Ordinance would deprive the petitioner
of rights commonly enjoyed by other properties in the same district under the terms
of this Ordinance; and
C. Granting the Variance requested will not confer on the applicant any special
privilege that is denied by this Ordinance to other lands, structures, or buildings in
the same district; and
D. The proposed Variance will not impair an adequate supply of light and air to
adjacent property, or unreasonably diminish or impair established property values
within the surrounding area, or in any other respect impair the public health, safety,
or welfare of the residents of the city; and
E. Any person filing a petition requesting a variance or an amendment of the Zoning
Ordinance rezoning property or changing regulations within any use district shall pay
a fee according to the Schedule established by resolution of the City Council. The
fee is payable at the time of filing a Petition and is not refundable.
Section 185-010: Board of Appeals and Adjustments. The Planning and Zoning Commission shall
act as the Board of Appeals and Adjustments and shall have the power to hear and recommend requests
for the following:
A. Interpretation: Hearing appeals where it is alleged that there is an error in a
decision or judgment made by an Administrative Officer in the interpretation or
enforcement of this Ordinance or in the interpretation of Zoning District boundaries;
and
B. Variances: Recommend variances from literal ordinance requirements in instances
where strict enforcement would cause undue hardship because of circumstances
unique to the individual property under construction.
Section 185-020: Variance Procedures
Page 62 01'69
5 Amended:
4 Amended: 2/19/02
3 Amenttcd: 9/4/0 I
2 Amended; 6/27/01
I Amended; II 1010 I
Effective 9/5/00
Clly ofCc:ntervillc Ord. #4
A. Applications provided by the City must be completed in writing prior to any
consideration of Variance Petitions. Fees for Variances are established by
resolution of the City Council.
B. The Board of Appeals and Adjustments may require the applicant to provide copies
of plans, maps, surveys, etc., as deemed necessary, to ensure proper review and
consideration of variance petitions.
C. After filing an application, the City Clerk shall set a date for a public hearing. Notice
of the hearing shall be posted and published at least ten (10) days prior to the date
of the hearing, and notice shall be mailed to each property owner within three
hundred fifty (350) feet of the property to which the Variance relates. Defects in the
notice or failure to notify individual property owners shall not validate the
proceedings, provided a good faith effort waS made to comply with these provisions.
D. Upon the hearing request, the Board of Appeals and Adjustments shall either
recommend approval or denial for the Variance and shall state the reasons for said
action. Conditions for approval may be attached to any Variance granted.
E. Upon receipt of the recommendations of the Commission, the Council shall hold
whatever hearings it deems advisable and shall make its decision upon the request
to grant the variance. In granting the Variance the Council may impose conditions
which it considers necessary to meet the standards of this ordinance and to protect
the best interests of the surrounding area and the city as a whole. Violation of any
such condition is a violation of this Ordinance. The Board of Appeals and City
Council must find true the following, in the granting of a Variance from this
Ordinance:
1. Granting a Variance will not adversely affect the public health,
welfare and safety and will not be detrimental or
injurious to property or improvements in the neighborhood; and
2. Strict interpretation or enforcement would result in a practical
difficulty or unnecessary hardship that is not self created, that
is inconsistent with the intent of this Ordinance and the
Comprehensive Plan; and
3. There are exceptional or extraordinary circumstances or
conditions applicable to the property, use or facilities that do
not apply generally to other properties in the same district; and
4. There are exceptional or extraordinary circumstances or
Page 63 of 69
5 Amended:
4 Amended: 2/19102
3 Amenued: 9/4/0 I
2 Amended: 6/27/01
I Amended: 1/10101
Effective 9/5/00
City of Center vi lie Ord. #4
conditions applicable to the property, use or facilities that do
not apply generally to other properties in the same district; and
5. Strict or literal interpretation would deprive the applicant of the
use and enjoyment of his property in a manner similar to others
in the same district; and
6. Granting of the variance will not allow a
use which is otherwise not a permitted use in the Zoning
District in question.
F. A Variance granted but not used shall become void one (1) year after its effective date.
G. No application for the same or essentially the same Variance shall be made
within six (6) months of the date of denial.
Section 185-030: Variance Appeal Procedures.
A. Within thirty (30) days of the action of the Board of Appeals and Adjustments, the
applicant or an affected property owner may file an appeal to the City Council to the
decision of the Board of Appeals and Adjustments. The City Council shall set a date
for a public hearing, within forty-five (45) days of receipt of the appeal, to consider
granting or denying the variance request.
B. The City Council shall have the power and duty of hearing and deciding appeals
where it is alleged that there is an error in any order, requirement, decision or
determination made by the administrative officer, enforcement officer, or by the
Planning and Zoning Commission in the administration or enforcement of this
Ordinance.
C. Procedure. An appeal for Administrative Review may be taken to the Council by
any person, firm or corporation or any city officer, department, or agency affected by
an adverse decision in the administration or enforcement of this Ordinance. Such
an appeal shall be taken by filing a Notice of Appeal specifying the grounds thereof
with the Zoning Administrator, and the Council within thirty (30) days after the
decision. If the Appeal is not taken by the owner of the property, which is the
subject matter of the decision appealed from, the Notice shall not be so filed until
after it has been served upon such owner either in person or by mail. The Zoning
Administrator shall forthwith transmit to the Council all papers constituting the record
upon which the action appealed from was taken. An Appeal for an Administrative
Review or a Variance stays ail proceedings, including criminal proceedings in
furtherance of the action appealed from unless the Zoning Administrator certifies to
Page 64 of 69
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/0 l
2 Amended: 6/27/01
1 Amended: 1/10/0 I
Effective 9/5/00
City of Ccnterville Ord. #4
the Council that by reason of facts stated in the certificate a stay would, in his
opinion, cause imminent peril to life or property. In that case the proceedings shall
not be stayed otherwise than by a restraining order granted by a court of competent
jurisdiction. The Council shall at its next regular meeting after the filing of an Appeal
to it from a decision of the board set a date for hearing thereon, which shall be not
late than sixty (60) days after the meeting. After hearing the oral or written views of
all interested persons, the Council shall make its decision at the same meeting or at
a specified future meeting thereof. The decision of the Council may be appealed to
the County District Court.
Division 190: Interim Uses
Section 190-010: Purpose. In addition to the purposes stated in Section 2 of this Ordinance, it is
intended that the Interim Use Permit procedures allow flexibility in the use of land or structures in the City,
when such uses are not permanent and when such uses meet appropriate conditions and performance
standards that protect the public health, safety and welfare.
Section 190-020: Application, Public Hearing, and Procedure. The application, public hearing, notice
and procedure requirements for Interim Use Permits shall be the same as those for Amendments, as
provided in Section 7.03 of this Ordinance. If a proposed interim use is not listed as a permitted interim
use in this Ordinance, a text amendment to this Ordinance will be required before an Interim Use Permit
may be considered.
Section 190-030: Termination. All Interim Use Permits shall terminate on the happening of any of the
following events, whichever first occurs:
A. The date stated on the permit.
B. Upon violation of the condition under which the permit was issued.
C. Upon change in the City's zoning regulations that renders the use non-
conforming.
Section 190-040: Standards. The Interim Use must be allowed in the Zoning District where the
property is located. The Interim Use must meet or exceed the performance standards set forth in this
Ordinance and other applicable City Ordinances. The interim use must comply with the specific
standards for the use identified in this Ordinance, and must comply with all conditions of approvai, which
shall be included in an interim use permit agreement.
Section 190-050: Conditions. The City may attach conditions to approval of a permit to mitigate
anticipated adverse impacts associated with the use, to ensure compiiance with the standards 0
approval, to protect the value of other property, and to achieve the goals and objectives of the
Comprehensive Plan.
Page 65 of 69
5 Amended;
4 Amended: 2/l9/02
3 Amended: W4/0 1
2 Amended: 6/27/01
1 Amended; l / I % 1
Eflecti ve 9/5/00
City ofCemcrville Ord. #4
Division 195: Amendments
A. Amendments to this ordinance may be initiated by the Planning and Zoning
Commission, City Council or by a petition of a landowner or other interested party.
B. Applications provided by the City must be completed, in writing, prior to any
consideration for an Amendment. Fees for zoning Amendments are established by
resolution of the City Council.
C. The City may require the applicant to provide plans, maps, surveys, etc., to ensure
proper review and consideration of any proposed Amendment to the written
provisions of this ordinance or Zoning District Boundaries.
D. After the filing of an application, or initiation by the City Council, the City Clerk shall
set a date for a public hearing. Notice of the hearing shall be posted and published
at least ten (10) days prior to the date of the hearing, and notice shall be mailed to
each property owner within three hundred fifty (350) feet of the proposed Zoning
District Boundary amendments.
E. Upon hearing the request, the Planning and Zoning Commission shall recommend
either approval or denial the proposed amendment and shall state the reasons of
said action.
F. Within thirty (30) days of the recommendation of the Planning and Zoning
Commission, the City Council shall consider the recommendation of the Planning
and Zoning Commission and shall approve, deny or modify the request to amend
this Ordinance.
Division 200: Soecial Use Permits
Section 200-010: Procedure. A Special Use Permit may be issued in accordance with this Section for
any use or purpose for which such permits are required or permitted by this ordinance. Application for a
special use permit shall be made by the owner to the Planning Commission on a form prescribed by the
Commission and accompanied by such other information as required by rules of the Commission. The
Planning Commission may hold such hearings on the proposal to issue a special use permit as it
considers necessary and it shall thereafter make such recommendations on the proposal to the Council
as it deems advisable. Upon receipt of such recommendations, the Council shall hold whatever hearings
it deems advisable and shall make its decision upon the proposal to grant a special use permit.
;:>ection 200-020: Standards. The Planning Commission shall recommend a Special Use Permit and
the Council shall order the issuance of such permit only if it finds that such use at the proposed location
will be consistent with the general and applicable specific objectives of the comprehensive plan and this
Page 66 of 69
j Amenued:
4 Amended: 2119/02
3 Amended: 9/4/01
2 Amended; 6/27/01
] Amended: IIIO/O!
Effective 9/5/00
City ofCcnterville Ord. #4
Ordinance, will be harmonious and appropriate in the area, will not be hazardous or disturbing to
neighboring uses, will not result in traffic congestion, and will not create excessive additional public
expense.
Section 200-030: Denial for Non-Compliance. If the Planning and Zoning Commission recommends
denial of a Special Use Permit or the Council orders such denial, it shall include in its recommendations
or determination findings as to the ways in which the proposed use does not comply with the standards
required by this Ordinance.
Section 200-040: Conditions. In recommending or approving any Special Use Permit, the Planning
and Zoning Commission and the Council may impose conditions which it considers necessary to meet the
standards of this Ordinance and to protect the best interests of the surrounding area or the city as a
whole. Violation of any such condition is a violation of this Ordinance.
Section 200-050: Expiration. If substantial construction has not taken place within twelve (12) months
after the date of a Special Use Permit, the permit is void except that on application, the Council, after
receiving the recommendation of the Planning and Zoning Commission, may extend the permit for an
additional period not to exceed six (6) months. A Special Use Permit authorizes only the Conditional Use
specified in the permit and expires if, for any reason, the authorized use ceases for more than twelve (12)
months.
Section 200-060: Fees. Any person requesting a Special Use Permit shall pay a fee according to the
Schedule established by resolution of the City Council. The fee is payable at the time of filing the
application and is not refundable.
Division 205: Enforcement and Violations
The Zoning Administrator is directed by the City Council to enforce the provisions of this Ordinance and
maintain all necessary records pertaining to this Ordinance including but not limited to Amendments,
Variances, Complaints and Violations. Any person who violates or fails to comply with the provisions of
this Ordinance shall be guilty of a misdemeanor and upon conviction may be punished to the maximum
extent allowed by law. Each day a violation exists constitutes a separate offense.
Se~tiofl 295 919. Resp6flsi13ility af City Cleric Issue l3t;ilaiRSJ ~rmits 8Ra €lalle€lt tRe feas 8S
t:stafatisAe€J 15y fes@JtJtiel"1 elf ttge City CotJRsil.
^
, ..
tJaiRtain permBRt:F1t aRe! 8l;1rrsflt nz;soras per-taiRiR~ t8 tRis OrdiFlBl9G8, iRGludiFl@ BtJt
Ret liR"dtea 16; r.1aps, ,^.ffi8FldmaR16, Cpasial Uses, \'ariGfi8aS, ,^.f3f3eala, rUDs, ana
8IJFllieatist='l8 tl=1erefsra.
D.
neoei'."6, file, a19a faf\vard aPt3liestisRS fSf-l\j;Jpeals, \}ariangss, Speeial Use rsn'l'lits,
Of-etF16r aetieR to tAla 8}S)5r6pr:,ate effiaial B6eHss.
c.
rn:r;iao e/8rieal a88i6ta~e6 ts tM6 Deans!.
Page 67 of 69
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/01
2 Al11~ndcd: 6/27/01
J Amended: 1/10/01
EtTcctive 9/5/00
CiLy ofCcnterville Ord. #4
SeetiOfl 295 929: Resl3sAsibility sf the BtlildiFlg IFlspeetsr. TAe I3tlileiFl~~R8I3e8t8r 131'11311 be gi','efl tMe
BtJtRspity aAa feSf.}OflSiailitj' ts 8nferas all af the
Flf€l'/isit9~8 sf tRia efaiAsAee BRa sRalt
^
, \0
C~f€lfBe tl:ls reqt:.liremeAts af tRis Or8iRa~8s ~f DLJilail9g SMa 066upaRS)' refmits elRa
t8s~e Sf eiSI9)' eaeA a~f)1i8atieA iA 888sraarH3e v. itf] t19s Flfer;isisR8 sf tRis OraiA8R6s.
0,
CeAauet iflopesti6RS Elf 6tJileliAg)6 BRa iRe use of laAa to aetermiAe BOFfljaliaASe '.v+th
*At terms of tRis OraiM8F'18El.
C.
rv1al(j~ regOFflffi8AsatiaflS ts tRe CSl;1R6H €lR tRe iRstih:Jtiar1 af 8FltJF6Flriate 8sti€lAS sr
~f6See€jjRg8 fer 6AfsreemeAi af iRis OretiFl6ASS €lA ,^,rn6ASPl ,eRts, BRa 619 Sr-l)' €lU~er
A98tters relatiFl~ ts tAe eAforeemeflt af tRia Or€HI98R6S.
D.
EAfereement Remedies. If') sase 8AY BuilaiAg, sirl:;lst~re, er laRa is, er is ~rl5~68s.a
to be ereeteet, €H3f-\8in~Bt6a, re86AstFl:lste8, altere€l, eSA';eFtes, f'flaiAtaiReel ar !class iR
\4slatisA af tRia OreiiFl8RBs, tRe City CSl:JABil, iF! 8s€litisA te eit1er rSFAeaies, may
iflstitElte iA tRe Rams af CeRts.Pt'ille aA)' al3J3fe~riat6 a6tisFI Sf I3resee€liFl~8 is fjrs';eAt,
restraif-l, Berfes! Of aBate sueR t~H:i#8iR~ 8tl'~6tt:1re Sf IBAa, Sf t6 f3rs';sAt, i19
er aasElt StieR FJremis8s, 8A)' 8St, 68f-\8tJSt, ~tJ!5iRe8s sr use S6f')8titl:ltiA~ a ',:ialatisA.4
Division 210: Fees and Licensinq
Fees and licensing provisions, affecting the administration and enforcement of this Ordinance, shall be
established by resolution of the City Council. The City does require payment for its legal, planning and
engineering expenses, resuiting from the review of proposed actions in the City. The City Council may
require full payment of fees and out of pocket expenses incurred in the review of proposed actions prior to
taking final action.
Division 215: Effective Date
The effective date of this Ordinance shall be after its passage and publication according to iaw.
Adopted by the Centerville City Council this 23rd, day of August, 2000.
'1ayor Tim Swedberg
City Clerk
Page 68 of 69
Published in the Quad Community Press on August 29, and September 5, 2000.
I Amended: January 10,2001
Published in the Quad Community Press on January 30, 2001.
2 Amended: June 27, 2001
Published in the Quad Community Press on August 7,2001
3 Amended: August 22, 2001
Published in the Quad Community Press on September 4,2001
4 Amended: November 14, 2001
Published in the Quad Community Press on February 19, 2002 -
5 Amended:
Published in the Quad Community Press on
Page 69 of 69
5 Amended:
4 Amended: 2/19/02
J Amended: 91410 I
2 Amended: 6/27/01
I Amended: 1110101
Effective 9/5/00
City of Ccnterville Ord. #4
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Peltier lake Association Memorandum February 20. 2002
To: Centerville City Council Members
We, the Peltier Lake Association Board, are requesting delaying setting up of the public hearing for the
ordinance proposal for restrictions on Lake Peltier.
There are several circumstances that the majority of the Peltier Lake Association Board Members feel that need
to be addressed prior to these public hearings. First, a number of items where mis-communicated to the City
Council in the ordinance proposallbackground. Second, the board members, with the exception of Wayne
LeBlanc, as well as a majority of the Peltier lakeshore owners/members did not know of this proposal.
We the lakeshore owners want to deal with this restriction/ordinance on the Lake Association level first. We as
lakeshore owners pay higher taxes to enjoy the privilege of living on and enjoying the lake and would like the
first opportunity to discuss this issue within our organization first.
We understand it costs the City of Centerville valuable time and money to hold public hearings and assemble
this ordinance, which we believe as Lake Association Board Members may not be necessary.
It is our intention to set up a Lake Association meeting within the next 2 to 3 weeks to discuss this issue in
detail.
Thank you
Peltier Lake Association Board
Secretary: Jerry Lindner
7413 Peltier Lake Drive
Lino Lakes, MN 55038
CITY OF CENTERVILLE
CITY COUNCIL WORK SESSION MEETING
FEBRUARY 20, 2002
6:30 p.m.
PRESENT: Mayor Tim Swedberg
Council Member Mary Capra
Council Member Mari Nelson
Council Member Linda Broussard Vickers
ABSENT: Council Member Dick Travis
STAFF: City Administrator Ms. Kim Moore-Sykes
City ClerklTreasurer Ms. Teresa Bender
GUESTS: Centennial Police Chief Joel Heckman
Michael McManus, MN Depart of Public Safety, Alcohol & Gambling, Enforcement
Allen Erickson, MN Depart of Public Safety, Alcohol & Gambling, Application
L1QUIOR LICENSEES:
Mr. Paul Montain, Trio Inn
Mr. Bill Bisek, Kelly's
Mr. Rich DeFoe, Waterworks Beach Club
Mr. Terry Sager, Sager's Liquor
Mr. Ken Vanderbeck, Wise Guy's Pizza
Chief Heckman: The police department needs at least one workweek for application
processing. The two top problems are Underage Drinkino and DUI's.
Mr. McManus: Local laws can be more strict than state laws. Recommend City
Ordinances clarify and define the Minnesota Laws. Recommend the
use of the word "may" instead of "shall and will" in ordinance. Often the
city has an evacuation reauirement included in their ordinance. The
two top problems are Underage Drink/no and DUI's.
Mr. Erickson: The state gets the application to the city 4-6 weeks in advance of due
date.
Mr. Montain: Concerned about the city "micro managing" the liquor establishments.
Does not want the city telling the bars who, when, or where specific
classes are required. Trio uses "bar time" (extra 15 minutes), at 1 :00
am no further sale, at 1: 15 am off the bar, and at 1 :30 out the door.
Mr. DeFoe: Expressed concern about what is the aoal of the ordinance and/or
further restrictions? Concerned about the too sttict penalties in the
Plymouth Ordinance. The licensed owner can do all the "right" things
and still end up having something go wrong.
Conclusion: Provide an ordinance that will clarify what is expected in the application
process, the rules required, and the consequences for rule violations.
.
.
CITY OF CENTERVILLE
CITY COUNCIL MEETING
JANUARY 23, 2002
6:30 p.m.
Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled
meeting on January 23, 2002, at City Hall, 1880 Main Street.
PRESENT: Mayor Tim Swedberg @A
Council Member Dick Travis ~@r.n D 19J
Council Membe~Ma ca~a ~O 'V'
Council ~er . el cb 0
Council e rerl d Biers
ABSENT: None.
STAFF:
City Administrator Ms. Moore-Sykes
City Engineer, Tom Peterson
City Attorney Hoeft
I. CALL TO ORDER
Mayor Swedberg called the January 23, 2002, City Council meeting to order at 6:30 p.m.
II. SET AGENDA
Council Member Capra requested that an update on National Volunteer Recognition
Week be added under Old Business.
Council Member Nelson noted she had asked at the last meeting to have an update on the
Sheehy property. She then requested that the Sheehy property be added under Old
Business.
Council Member Nelson asked for a staffing update during Ms. Moore-Sykes' report.
Motion by Council Member Broussard Vickers. seconded by Council Member
Capra to approve the al!enda as amended. All in favor. Motion carried
unanimously.
Page 1 of28
III. PUBLIC HEARING(S)
I. CSAH 14 Watermain Extension
Mayor Swedberg opened the public hearing at 6:32 p.m.
City Engineer Peterson briefly explained the proposed watermain extension and noted he
had provided additional funding options as requested. He also noted that the majority of
the project would be directionally drilled to avoid the disruption of digging up the street.
City Engineer Peterson noted the driving force for extending the watermain is to provide
water for the new development called The Shores.
City Engineer Peterson reviewed the funding options for the project and explained how
he had arrived at the figures. He then indicated that, looking at the numbers, it appears
that the approximate assessment per lot for individual residents varies between $4,500
and $8,100. He also commented that he feels Option Three seems to be the most
equitable for all parties involved.
Council Member Capra asked if Mr. Rehbein would be attending the meeting. Mr. Vargo
stood up and indicated that he was there to represent Mr. Rehbein.
Council Member Nelson asked ifthere would be three fire hydrants. City Engineer
Peterson indicated that there would be a total of three fire hydrants.
Mayor Swedberg asked if the fire hydrant placement was recommended by the Fire
Chief. City Engineer Peterson indicated he based the fire hydrant placement on the
engineering standards for hydrant placement.
Council Member Capra noted the document stated there was to be some tree clearing.
She then asked if those trees would be replaced. City Engineer Peterson indicated that
the trees to be cleared are in the County right-of-way and would not be replaced.
Council Member Capra asked the definition of a watering term. City Engineer Peterson
explained that it meant removing ground water in the hole that is dug. He then indicated
that most of the project would be directionally drilled.
Mr. Bruce Lattu of 7246 Main Street asked what prompted the extension of the
watermain.
City Engineer Peterson indicated the proposed new development, The Shores, prompted
the watermain extension because he feels it would be better to have City water in that
development rather than 10 private wells in such a small area. He also noted that Water
Works is interested in water to be able to provide for sprinklers for the business to lower
insurance costs.
Page 2 of 28
Mr. Lattu indicated he has lived in the City for a year and a half but the notice for the
public hearing was sent to the previous owner or current resident. He then asked why he
is not listed as the owner of the property.
Mr. Lattu asked why the developer is not being asked to pay for more of the costs to
extend the watermain because he is the one that would benefit the most from it.
Mayor Swedberg indicated that Council would discuss the matter later in the meeting and
attempt to make a decision on the funding of the watermain.
Mr. Tim Hurt of 7247 Main Street indicated he was happy with his well and would prefer
not to have to pay the assessment for the watermain. He then asked ifhe would be forced
to hook up when the watermain is extended.
Council Member Broussard Vickers indicated that the assessment would need to be paid
but noted the hook up fee would not need to be paid until his well failed and he needed to
hook up to City water.
Mr. Hurt asked ifhe would lose his well ifhe hooked up and the well had not failed. Ms.
Moore-Sykes indicated it has been the City's policy to cap wells due to safety issues
surrounding an open well.
Mayor Swedberg asked how the assessment is paid if the house is sold. City Attorney
Hoeft indicated the assessment would have to be paid at the time of sale and noted that
who pays the assessment is up to the negotiation of the buyer and seller. He then noted
that the cost of hooking up will go up in the future and the homeowners could save
money by hooking up now rather than waiting.
Mayor Swedberg indicated residents would be responsible for the assessment, a plumbing
cost to get the water line from the street to the house, and a hook up fee.
Mr. Hurt asked for a cost per lineal foot to run the line from the street to the house. Ms.
Moore-Sykes indicated it would be a private plumbing cost determined by the rate of the
plumber chosen. City Engineer Peterson estimated a cost of $20.00 or $30.00 per foot
depending on how the pipe is installed.
Council Member Broussard Vickers noted the hook up fee is approximately $2,000.
Mayor Swedberg asked how soon residents needed to pay the assessment.
Council Member Broussard Vickers indicated Council could determine the time frame.
Council Member Capra asked if there is a provision for seniors because there are some
who live along the proposed extension.
Page 3 of28
Mr. Lattu asked why the City gets a hook up fee if it is not involved in the hook up. City
Attorney Hoeft indicated the water access charge was established as a capital
improvement charge to allow residents to hook up to City water which is a benefit and a
part of the charge is a capital charge to pay for overall water system maintenance and
future improvements.
Mr. Lattu asked if there was an option for the developer to pay more and the City to pay
less as he feels the developer benefits more from the proj ect and should pay for that
benefit.
Council Member Broussard Vickers indicated that residents have the benefit of fire
protection for the home and the difference in value of a home with City water versus a
home with a well.
Council Member Travis commented that the wells would eventually fail and, at that time,
water is available and the resident would not have to pay to have a new well drilled.
Mr. Lattu asked if the residents involved were able to vote on the matter or were just able
to voice an opinion. The Council Members indicated that they would hear resident
opinion but noted that Council makes the vote.
Mr. Mark Vargo, representing Mr. Rehbein, addressed Council and indicated the
developer would be willing to pay 25% ofthe costs to extend the watermain. He then
commented that any more cost to the developer would not be agreeable in light of the fact
that the developer would have all the costs associated with extending water from the
comer of the property to each of the ten lots. He also commented that Water Works
would be receiving the benefit of reduced insurance because of the ability to provide
sprinkler protection for the property and should be assessed more of the costs.
Council Member Capra asked if Staff had received any calls concerning the watermain
extension.
Ms. Moore-Sykes indicated she had received a call from two residents. One had called to
ask why he received a notice when he already has City water. She then noted she had left
a message for the other resident but had not spoken to him to determine his concern.
Mr. Prank Zimley of 7252 Lavell Drive noted his letter had been sent to the wrong
address of 7252 Main Street. He then indicated that the sewer bill comes to the proper
address of 7252 Lavell Drive. Ms. Moore-Sykes indicated that Staff had used an
outdated map and apologized for the error.
Mr. Zimley indicated he is very happy with his well and said he feels that the well will
last for several more years with routine maintenance. He then commented that the
property between his property and Water Works should be assessed for more of the costs
because there is the potential for development. He also asked why the reduction in
Option Three was not shared with the developer for The Shores.
Page 4 of 28
City Engineer Peterson indicated he was asked to provide various options for funding and
Option Three is one of those options.
Council Member Travis noted that 7265 Main Street was assessed for five lots.
Mr. Zimley commented that he felt the property owner would be coming to the City in
the future with a development proposal that would include more than five lots. He then
asked ifthe watermain would be extended along Lavell Drive. City Engineer Peterson
indicated when that property is developed the City would extend water down Lavell
Drive.
City Engineer Peterson indicated he based the assessment on the front footage along
County Road 14.
Ms. Cathy Lattu of 7246 Main Street clarified that the developer of The Shores would
need to pay the assessment to run the waterline to the property and additional charges to
run waterline to each of the 10 lots. Council Member Broussard Vickers indicated the
developer would be paying all costs associated with connecting those 10 properties to
City water.
Ms. Lattu asked if the per lot costs to connect to City water had been determined.
Council Member Capra commented that it was more costly to run the City water system
than it would be to have 10 wells drilled.
Mr. Vargo, representing Mr. Rehbein, indicated he expected the approximate costs to
connect the 10 lots to be $60,000.
Ms. Lattu asked how much value is being added to those lots by having City water versus
well water. Council Member Broussard Vickers estimated that the property value of each
lot would increase approximately $6,000 or $7,000.
Ms. Lattu asked for the top dollar amount the City was willing to pay for water. Council
Member Broussard Vickers indicated that recent developers have been required to pay
50% of the cost to extend the watermain to the property and then all of the costs
associated with the water within the development. She further clarified that the portion to
be paid for by the City is the amount of the oversizing to benefit the City's overall water
system.
Council Member Broussard Vickers indicated that the City attempts to do its best to fairly
assess the value of the system to the property owners involved and noted that the amount
to be assessed cannot be more than the gain to the property.
Mr. Lattu asked for a rough estimate of the amount the City is willing to pay for
extending the watermain so he would have an idea of what to expect as his assessment.
Page 5 of28
Council Member Nelson commented that she likes to hear from residents to bring other
perspectives to the table for consideration. She then indicated Council needed to decide
if all residents of the City should pay for water coming down the street or just those
properties that benefit from it.
Council Member Capra indicated that there are residents that are in the affected area that
have said they want water. She then noted Council would take all of the information into
consideration and make the best decision possible for the City as a whole.
Mr. Lattu indicated that the developer is able to pass on the costs of the watermain to the
people who buy the lots but an individual property owner is not able to pass on the costs.
Council Member Capra indicated the value would be passed on when the hose is sold.
She also commented that property owners have the value of fire protection.
Mr. Lattu indicated that there would not be a big difference in insurance rates so that is
not a benefit to him.
Mr. Zimley asked ifthe City intended to extend the watermain down Mound Trail in the
future.
Council Member Travis indicated the City is not planning on extending the watermain
down Mound Trail but noted residents could petition the City for water.
Mr. Zimley asked if the watermain was sized to handle extending the watermain down
Mound Trail. City Engineer Peterson indicated it would be possible to extend the
watermain down Mound Trail but noted it is a long run and that would affect water
pressure.
Mr. Lattu commented that there is potential that the City could loop at Peltier or Mound
Trail. He then asked what portion the City paid in the Eagle Pass development.
Council Member Broussard Vickers indicated the City paid the costs to oversize the line.
Motion was made bv Council Member Broussard Vickers. and seconded bv Council
Member Travis to close the public hearin!!:. All in favor. Motion carried
unanimouslv.
Mayor Swedberg closed the public hearing at 7:25 p.m
Council Member Broussard Vickers indicated that it was her opinion that the developer
needs to pay 50% of the costs because the developer is the driving force behind the
watermain extension and previous developers have been required to pay 50%. She then
noted that City Engineer Peterson had said there is money leftover from the Lakeland
Hills project that could be used.
Page 6 of 28
1-
Council Member Broussard Vickers suggested that the City's portion for the oversizing
of $26,000 be deducted from the $50,000 leftover from the Lakeland Hills project. She
also suggested using 8 lots for the Unit II property so half'of the project costs would be
divided by 18 instead of 15 bringing the costs down to 3,500 or 4,000 for the individual
property owners. She further explained the calculation to be the $74,500 minus the
$26,730 divided by 18 making the cost per lot approximately $2,600.
Council Member Nelson agreed with Council Member Broussard Vickers comments but
said she feels that W ater Works has a substantial benefit and should be assessed more
than the $20,000. She then suggested shifting more of the costs to Water Works and
leaving the developer amount the same.
Council Member Capra commented that she would like to see Water Works pay a little
more and the developer pay a little less and still maintain a lower amount to residents.
Council Member Broussard Vickers commented that she felt the developer has more
benefit than Water Works and she feels that the developer needs to pay 50% as that was
what the City required in previous developments.
Mr. Vargo, representing Mr. Rehbein, indicated that the developer is not the driving force
behind the watermain extension as Mr. Rehbein would prefer to put in the 10 wells. He
then commented that Mr. DeFoe has the possibility ofleveling Water Works and
developing the entire parcel. He also noted that Water Works would receive the
substantial benefit of being able to reduce insurance costs because of City water.
Council Member Capra commented that she was agreeable to using the leftover Lakeland
Hills funds but would like to see the Water Works property and the DeFoe property
assessments increased slightly and the developer's costs decreased slightly.
Council Member Nelson indicated she would like the developer to pay $81,655, Water
Works to pay $33,365, Unit II property to pay for 8 units for a total of $47,780 which
leaves individual residents with an assessment of $2,653.
Council Member Travis noted he was agreeable to using the Lake1and Hills funds and
increasing 7265 Main Street to 8 units and noted that Water Works, as a business, does
benefit more than individual property owners. He then commented that he felt the
assessment for Water Works should be raised 'only slightly. He further commented that
he feels the developer should pay 50% in the interest of consistency within the City.
Council Member Nelson indicated she would be fine with either $25,000 or $30,000 for
Water Works and said she waivers on being consistent on the developer's costs and the
benefit for the developer. She then commented that she would be fine with the 50% to
the developer.
Council Member Capra commented that, normally when developments are pushed
through, there are not businesses in the path that benefit from the development. She then
Page 7 of28
commented that she feels that the business has a substantial benefit and that should
subtract from the cost to the developer.
Council Member Broussard Vickers suggested that the developer pay 50%, Water Works
pay $25,000 and the remainder of$56,135 be divided by the 18 units. Council Member
Nelson agreed with the suggestion of Council Member Broussard Vickers.
Mayor Swedberg commented that he feels this is a wrong water line in a wrong place.
He commented that there is 1.3 miles of dead end run and he does not think it is a good
idea. He commented it is possible to extend the watermain but he does not think there is
justification to run 7,000 feet of dead end line. He commented that he was not worried
about fire protection because the fire department has ample sources of water nearby that
they could draft out of and also has a tanker.
Mayor Swedberg indicated he takes the position that the developer should pay 100% of
the costs of the line but, in this case, he does not think it works to extend the watermain
and would vote to use wells. He commented he did not think that 10 more holes in the
aquifer would hurt anything. He further commented that the City has about 50% of its
residents on City water and he thinks the City needs to decide what its water priorities are
and fund the proj ects out of the tax base rather than by assessment because the City is
taxing at a high rate and to assess residents for water and then charge a hook up fee on
top of it he feels is excessive.
Mayor Swedberg commented that he feels that ultimately all residents should be hooked
up to City water but stated he feels the City needs to figure out a way to do it without an
assessment because it is difficult to figure out the benefit. He then suggested holding off
on the vote to allow time to digest the numbers that were previously discussed.
Mr. Vargo, representing Mr. Rehbein, asked that the vote be delayed in order to allow the
developer and Council time to digest the numbers. He then commented that the first
feasibility study estimated the costs to the developer to be approximately $28,000 and
now the amount is up over $81,000. He further commented that, at that price, it is not
feasible.
Mr. Lattu noted he had come to the meeting assuming that the developer was the one
pushing for City water but has heard that the developer would prefer wells. He also
noted that residents do not want water and suggested that Water Works is the driving
force behind the extension in order to be able to provide a sprinkling system for the
business.
Council Member Broussard Vickers clarified that the line is not a dead end run as it will
loop in the future. She noted that years ago the City required that lots be at least one acre
in order to have a well. She further indicated that the City needs to loop the main and this
would be one more step toward looping for the betterment of the entire system.
Page 8 of 28
Mayor Swedberg commented that there are 50-foot lots downtown that have wells and
said there are better places to loop. He then suggested the City needed to determine its
water priorities rather than extending this watermain just because it was presented as an
option.
Council Member Travis commented that the extension of this watermain gives the City
the opportunity to run infrastructure.
Council Member Capra indicated that capital improvement projects come and go based
on opportunity. She then commented that the developer is here now giving the City the
opportunity to push water through.
Council Member Broussard Vickers commented that the City needs to take the
opportunity when it presents itself and not ignore it because it is not on the top of the
water priority list.
Motion bv Mavor Swedberl! to table this matter for consideration of the numbers.
The motion died for lack of a second.
Mr. Lattu commented that it seems to him if somebody could develop some property he
should be considered a developer for assessment purposes.
Council Member Broussard Vickers indicated there was no formal plan nor a request to
develop the parcel and noted there is no precedence for the City to assess based on what
someone may do in the future. She then commented that the assessment was based on
footage.
City Attorney Hoeft advised Council that they were not voting on the assessment
amounts but were voting to accept the report and direct the City Engineer to prepare
plans and specifications. He then commented that the numbers discussion was beneficial
but the final amounts did not need to be set at this meeting.
Council Member Broussard Vickers questioned whether the developer would be
interested in participating with the numbers discussed.
Council Member Travis indicated he would like input from Mr. DeFoe as to his future
plans.
Council Member Nelson noted if the developer decided he did not want to pay for the
costs the project would not move forward.
Council Member Broussard Vickers indicated she would not want to pay for plans and
specifications until the City knows whether the developer is willing to pay the amount
discussed.
Page 9 of 28
Mayor Swedberg commented that the homeowners have said they do not want water and
then asked why their opinion did not count for something.
Mayor Swedberg commented that he felt all parties are equal in their opinion and right to
say whether they want City water or not.
Motion bv Council Member Broussard Vickers. seconded by Council Member
Nelson to accept the feasibility study for watermain extension on Countv Road 14.
Ayes - 4. Nays -1 (Mayor Swedberl!). Motion carried.
Motion by Council Member Broussard Vickers. seconded by Council Member
Nelson to table preparation of the plans and specifications for the watermain
extension on County Road 14.
Mayor Swedberg asked if the City would need to have another public hearing on this
matter.
City Attorney Hoeft indicated that the next public hearing would be the assessment
hearing. Ms. Moore-Sykes noted the assessment hearing would be held in November of
2002.
Vote: All in favor. Motion carried unanimously.
IV. APPEARANCES/AWARDS
None.
V. CONSIDERATION OF MINUTES
1. January 9. 2002. Council Meetinl! Minutes
Council Member Capra asked that Stafflook up the spelling of Michelle Wrboleski's
name because she is the person referred to as "a resident in attendance" on Pages II and
13.
Motion bv Council Member Nelson. seconded by Council Member Capra to
approve the January 9.2002 Council Minutes as amended. All in favor. Motion
carried unanimouslv.
VI. PETITIONS AND COMPLAINTS
None.
Page 10 of28
VII. OLD BUSINESS
1. Deferred Compo Report - Abdo. Abdo. Eick & Mever
Ms. Moore-Sykes indicated that Abdo, Abdo, Eick & Meyer was asked to look at the
City's deferred compensation plan from 1996 to present and has provided a report for
Council consideration.
Ms. Moore-Sykes indicated there were two issues. The first issue is that FICA and
Medicare were not paid due to a misunderstanding of the requirements. She then
indicated that the City would need to remit the shortage to FICA and Medicare and the
participating employees W2 forms would need to be amended to reflect the deduction of
those two amounts. She further indicated that, because most of the employees that are
involved no longer work for the City, the auditor has recommended that the City pay both
sides as soon as possible and attempt to collect from the employees later.
Ms. Moore-Sykes indicated the second issue is that the City may be required to convert
its contribution to the state deferred compensation plan. She then indicated that Mr.
McDonald is attempting to find an absolute determination on that matter and has
contacted the attorney general's office for an interpretation of the statute as to whether it
is a wage or benefit.
Council Member Capra commented that when Council received a copy of her initial
report a copy of that statute was attached.
Ms. Moore-Sykes indicated that the auditor recommends that Council send a letter to the
Attorney General's Office to ask for an interpretation of the statute.
Council Member Capra asked if this would be something City Attorney Hoeft would look
into for the City.
City Attorney Hoeft indicated he had dealt with this issue in another jurisdiction and, as
Mr. McDonald indicates in his report, the initial information received is that it would be
considered wages and that is how it was handled in the other jurisdiction. He then
indicated he felt it would be appropriate to ask for the Attorney General's Opinion.
Council Member Capra commented that the City has no cafeteria plan in place and it
needs to have one.
Mayor Swedberg commented that this is an eligible plan but not a qualified plan in the
pension world. He then indicated the City needs to determine whether this is the proper
pension vehicle to be in because there are better instruments of qualified plans available.
He further noted the matter would need to be researched and could not be solved in one
night.
Page 11 of 28
Council Member Broussard Vickers asked what happens to the employees that are still
working for the City and what has happened since October of 200 1. Ms. Moore-Sykes
indicated that as of January 1,2002, the City is taking out Medicare and FICA.
Council Member Capra raised another concern that there may be employees who
received a cash benefit instead of putting it toward deferred compensation. She then
indicated that the City would need to research to see if any checks were issued to
individuals rather than the insurance company.
Ms. Moore-Sykes indicated that would not be part of deferred compensation so the
auditor did not review it.
Motion by Council Member CaDra. seconded by Council Member Nelson to
authorize Mr. Hoeft to contact the Attorney General's Office to request an oDinion
on the deferred compensation issue. All in favor. Motion carried unanimously.
Mayor Swedberg asked if the back taxes should be paid now or after receipt of the
Attorney General's opinion. City Attorney Hoeft suggested paying the back taxes now
that the City is aware of the amounts owed and decide whether to try to collect from the
employees at a later date.
Council Member Capra indicated the City needed to amend W2's and suggested
authorizing Abdo, Abdo, Eick & Meyer to do so because it would be easier for them than
it would be for the City.
Council Member Capra indicated that the individual who had exceeded the maximum
contribution amount by $112.50 had brought it to her attention that the overage resulted
from a timing issue where PEBSCO received the funds earlier than they should have.
Motion by Council Member Nelson. seconded by Council Member Broussard
Vickers to authorize Abdo. Abdo. Eick & Meyer to Drepare corrected W2 forms for
each year from 1996 throul!h 2001. to create the recommended form 1099R. and to
Day the back taxes of $5.954.32.
Council Member Capra asked if Abdo, Abdo, Eick & Meyer would be contacting the IRS
to find out if the penalty and interest could be waived.
Vote: All in favor. Motion carried unanimously.
Council Member Nelson asked whom to contact to have the penalties removed. City
Attorney Hoeft indicated there is a former IRS agent in his office who is an attorney and
does that type of work.
Motion by Mayor Swedberl!. seconded by Council Member Nelson to have the IRS
al!ent from City Attorney Hoeft's office contact the IRS on behalf of the City. All in
favor. Motion carried unanimously.
Page 12 of28
2. 2002 Budget/Council Salarv Increase
Council Member Broussard Vickers asked if the $15,000 recycling funds were added to
the budget for revenue.
Council Member Nelson indicated the grant funds are in a special recycling fund. She
then pointed out changes to the budget information from what was sent out in packets and
noted that there may be another change because she and Ms. Bender are working on the
employer paid insurance costs.
Council Member Broussard Vickers noted the budget is a guideline and it can be flexed a
little bit to accommodate.
Council Member Broussard Vickers asked where the $14,000 had come from. Council
Member Nelson indicated the amount was to be used to reduce the old debt funds.
Mayor Swedberg asked whether the number being certified to the County had changed.
Ms. Sykes indicated that the overall budget to be certified to the County had not changed
and noted that Council needs to approve the budget before it is sent to the County.
Motion bv Council Member Capra, seconded bv Council Member Travis to approve
the 2002 budeet with the noted corrections for submission to the state auditors
office. All in favor. Motion carried unanimouslv.
3. Lion's $10.000 Fete des Lacs Contribution
Ms. Moore-Sykes indicated the Lions had asked Council to release the $10,000 so that
the Lions could begin planning the parade and fireworks.
Council Member Nelson indicated she would like to see an agreement that says the
Centerville City Council approves the request with the following requirements: The City
will donatc $10,000 to fund the parade and fireworks and, any funds not used for that
purpose should be returned; Lions must provide the City with a detailed accounting of
costs for the parade and fireworks; Lions must provide the City with copies of invoices
paid; Lions must insure fireworks vendor and include the City as an additional insured on
the policy; and the Lions are not authorized to enter into any contracts on behalf of the
City.
Council Member Travis expressed concern that the money be readily available to the City
for access if the Lions do not provide what they are asked to provide.
City Attorney Hoeft indicated that, as a practical matter, the City can enter into whatever
agreement it wishes with the Lions but he is not sure what the City will do if the Lions do
not hold up their part of the agreement.
Page 13 of 28
Council Member Nelson indicated the City would sue the Lions. City Attorney Hoeft
indicated that was fine with him because he is the only one that comes out ahead on that
type of situation. He then commented that the City would not win any popularity
contests by suing the Lions.
Motion bv Council Member Nelson. seconded bv Council Member Capra to enter
into the aereement as discussed with the Lions. All in favor. Motion carried
unanimouslv.
4. Surface Water Management Plan (Update)
Ms. Moore-Sykes indicated there was nothing new to report as Staff is still working on
the spreadsheet that will be part of the stormwater management plan.
Council Member Broussard Vickers indicated that the Planning and Zoning Commission
is interested in the storm water management plan as it relates to the CI zoning areas.
Council Member Nelson expressed concern with a statement in the January 8, 2002
Planning Commission minutes that indicates that a variance would be granted by inaction
if a waiver was not signed and Council did not vote on it at the next meeting which would
have been the following day.
Council Member Broussard Vickers asked if the resident had signed a waiver. Ms.
Moore-Sykes indicated she was not sure but would look into it.
Council Member Broussard Vickers explained that, procedurally, this was an issue but
noted there is no issue with the variance being granted because the Planning and Zoning
Commission anticipated making changes to the Cl zoning that would allow for the deck
to be built and Rice Creek Watershed District had approved the plans pending approval
by the City.
Council Member Nelson indicated she is upset about the situation and does not like the
fact that a variance gets to Council when it is too late and is approved automatically.
Council Member Broussard Vickers indicated this variance was the first one that she can
recall that was granted by inaction, if the waiver was not signed.
Council Member Nelson indicated it could set precedent as a way to push things through
and obtain approval.
Council Member Broussard Vickers indicated that the whole issue stemmed from the fact
that the Cl district needs to be rezoned and the Planning and Zoning Commission needed
further input from the City Attorney before doing so. She then indicated that Planning
and Zoning did not want to make a decision on the variance until it determined what to
do about the zoning of the Cl district. She further commented that she should have
Page 14 of28
remembered to ask at the Council meeting the next night if the waiver was signed but she
did not remember.
Council Member Nelson asked that she be notified if there are any other situations where
a variance would be granted by inaction because she would make a motion to deny the
request rather than have it granted by inaction.
Mayor Swedberg asked Ms. Moore-Sykes to inform Council, during her administrator's
report as to the timetable on variances in the future.
Council Member Travis commented that some changes need to be made to the agreement
and specifically noted that the document states there is not an agreement with Lino Lakes
for a shared water line and the City does have such an agreement.
5. Mutual Aid Agreement (Hugo. Lino & Centerville)
Ms. Moore-Sykes indicated she had found a copy of the mutual aid agreement in City
records. She then indicated that Hugo and Lino Lakes had signed the document.
Motion bv Council Member Nelson, seconded bv Council Member Caura to
auprove the mutual aid al!reement for the provision of emerl!encv public works
assistance amonl! the cities of Centerville, Lino Lakes, and HUl!o.
Mayor Swedberg asked if there is a downside to the agreement.
Ms. Moore-Sykes indicated that Mr. Palzer has an informal agreement already in place
and this document formalizes it and holds each City harmless for incidents during an
emergency.
Council Member Travis noted Council had voted to deny the agreement once before
because of the format but the format has been changed.
Vote: All in favor. Motion carried unanimouslv.
6. Final Plat/Develooers Agreement (Eagle Pass 2nd Addition)
Mr. Quigley gave a brief overview of the changes made to the plan since the last time it
was before Council.
Council Member Broussard Vickers asked if the cul-de-sac had been made into a width to
accommodate a public street.
Mr. Quigley indicated he had reviewed the developer's agreement and noted that storm
water fees and park dedication fees were paid on the first development. Ms. Moore-
Sykes confirmed that the developer had paid park dedication fees but indicated she would
need to research whether the storm water fees were paid.
Page 15 of28
Mayor Swedberg asked if the developer's agreement covered silt barriers. City Attorney
Hoeft indicated that erosion control is covered.
Ms. Sykes noted the City received a letter from Brian Rawlings, the Association
President, asking for several items and one was additional lighting. She then noted that
the City is asking for an additional street light to be added at Ojibway Drive and Dupre.
Mr. Quigley commented that he had agreed to that.
Council Member Capra asked if the bulbs were changed in the fixtures in the
development. Ms. Moore-Sykes indicated that she had sent the Association a letter
informing them that the bulbs could be changed to 150 watt bulbs at Association expense
and she has not received a response.
Council Member Nelson indicated that she thought Council had given the Association an
answer on the private drive issue. The Association members commented that they had
not received an answer to their petition for the City to take over Ojibway Drive.
Council commented that it had not agreed to take over Ojibway Drive.
Council Member Broussard Vickers asked if the use of Ojibway Drive was governed by
the document. Mr. Quigley indicated that Ojibway Drive was not addressed in the
agreement.
Mayor Swedberg indicated that, when discussed previously, Mr. Quigley had agreed to
return Ojibway Drive to the same condition it is currently in.
Mr. Quigley indicated Council had agreed that the City had no interest in making the
street public. He then noted that he had agreed to return the street in a like manner after
construction.
Council Member Broussard Vickers asked what the association paperwork says about
access to private roads and noted it was an issue between the association and the
developcr and cannot be in the City's agreement.
Mr. Quigley indicated, as he had in previous meetings, that he had committed by letter to
minimize the construction traffic on Ojibway Drive and have agreed that the road would
be maintained and cleaned up after construction. He also noted the letter states the
developer will bring the road back to the current standard if any damage is done and
warranty it as such. He further noted that the City has a letter of credit that can be
utilized for clean up if the developer should fail to do so.
Council Member Broussard Vickers asked where in the agreement its says the City can
draw on the escrow to do cleanup. City Attorney Hoeft indicated that the document does
allow the City to draw on the escrow for clean up. He then indicated he approved of the
Page 16 of28
document. Ms. Moore-Sykes indicated she was comfortable with the agreement but said
she would need to check on the storm water fees.
Mr. Brian Rawlings of 7069 Dupre Road read an excelpt from the November 6, 2001
Planning and Zoning Commission minutes that was a motion to approve the preliminary
plat with the association's requested issues as to trees, trailway through the outlot,
concerns with screening and a written agreement for Ojibway Drive.
Mr. Rawlings indicated that the homeowners were told by the Planning and Zoning
Commission that their requests would be addressed in the developer's agreement and
now they are being told that the items cannot be addressed in the developer's agreement.
He then questioned how they are supposed to protect themselves.
Mr. Rawlings indicated he had requested silt fences for the back of his property and Mr.
Palzer had said he would look at it. He commented that no silt fences were brought out
and they were necessary to keep the soil from filling the drains. He then indicated that
the answer was that the developer would have to clean out the drains but by then the
damage is already done. He also asked how the homeowners could protect themselves
from that type of issue.
Mr. Rawlings indicated the homeowners association felt it had a commitment concerning
trees and today the site was cleared except around the perimeter. He then commented
that he understood from the Council meetings and the Planning and Zoning meeting that
some trees would be harvested but some would be transplanted.
Mr. Quigley explained that all the trees removed were scotch pines and noted that the
property was a tree farm and, by definition, the trees are to be harvested every three to
four years. He also noted that scotch pines are classified by any forester as a weed tree
and noted they tried to save any spruce or Norway pines on the site.
Mr. Rawlings indicated he was looking for Council to protect or inform him of this kind
ofthing because a tree is a tree. He also noted there are other issues that are not
addressed and he had been given information that the developer's agreement would
contain this information and the trees were plowed down on the day the agreement is
being considered by Council.
Ms. Moore-Sykes explained that the Planning Commission is an advisory group to
Council and not the final decision making body. She then explained that the property is
privately owned and the trees were cleared to build some buildings.
Mr. Rawlings asked if a grading permit was obtained. Ms. Moore-Sykes indicated that a
grading permit is not required for cutting trees and noted that, unless the homeowner's
association wishes to purchase the property, there is nothing that can be done to stop the
tree removal.
Page 17 of28
Mr. Rawlings commented that he could almost guarantee that Ojibway Drive would not
be a new road when the project is done.
Mr. Quigley indicated he has done everything he can do to cooperate and noted the
grading plan showed the trees to be cleared and those to be left. He then commented that
more trees were left than originally planned in an effort to accommodate the association.
He further explained that the trailway is not an option as it crosses private property and
said he has provided a letter guaranteeing that he will return Ojibway Drive to the same
condition it is currently in.
Mayor Swedberg asked that the matter not be turned into a debate.
Al Peterson of 7065 Dupre Road said he did not appreciate being lied to because the
minutes said that any trees suitable for transplanting would be transplanted. He then
commented that there was more than one kind of tree on the site. He further commented
that the site was scraped to the ground and that is not what the association was told.
Council Member Capra asked Mr. Rawlings and Mr. Quigley if there was a signed
agreement with regard to the road. Mr. Quigley indicated he had signed a letter that
agreed to maintain the condition of the road. Mr. Rawlings said he had an unsigned
copy. Mr. Quigley handed him a signed copy of the letter.
Jerry Albrecht of7071 Dupre Road asked Mr. Quigley what happened to the landscape
person who was to come and see where the trees could be planted.
Mr. Quigley indicated that the person was there and noted that it is not within this
development it is on the existing Eagle Pass. He then noted that the trees were not able to
be planted this past fall but would be planted as soon as the weather allowed.
Lori Peterson of 7065 Dupre Road told Council she cried for about 15 minutes looking at
the destruction that she did not believe was going to happen. She then asked how it
happened before there was a signed agreement.
Council Member Broussard Vickers explained that a property owner could cut down trees
on their property any time they want to.
Ms. Peterson commented that the City makes it necessary to plant a tree but the owner
can cut down the tree at will.
Mayor Swedberg explained that the City has no tree removal or harvest ordinance.
Ms. Peterson indicated that she felt that it was a shame that the City did not regulate tree
removal and then accused Mr. Quigley oflying.
Mayor Swedberg asked Ms. Peterson to refrain from inflammatory comments and
indicated that, if she did not, her comments would not be heard.
Page 18 of28
Ms. Peterson noted that the other private street would be made public. Council Member
Capra indicated that the street has not been built as a private street and Council had
requested that it be public before it was built.
Mayor Swedberg indicated the road would be built to City specifications for a normal
public street.
City Engineer Peterson noted that the City standard is 33 feet wide and the new street
would be 30 feet so it is slightly smaller than the City standard. He also noted that the
cul-de-sac is slightly smaller than the City standard.
Ms. Peterson indicated that Ojibway Drive is 25 feet wide and Council had said it was
refusing the street because it was not wide enough for a public street. She then
commented that Brian Drive is only 24 feet wide and is a public street.
City Engineer Peterson indicated that the road was built to the public standards at that
time and the City standards are now 33 feet wide.
Ms. Peterson asked why Council would not make Ojibway Drive a public street.
Council Member Broussard Vickers indicated that it was her opinion that the street
should be made. public. Ms. Peterson indicated that making the street public would make
things better for the senior housing and there would not be all the fighting that is going
on.
Council Member Capra told the story of when she was building on her lot and the
neighboring property owners were not happy that the lot was sold and being built on so
they would throw rocks at the developer's truck. She then indicated she understood the
dilemma of the association concerning the trees but noted Mr. Quigley owns the property
and, unless the association wants to purchase all the land surrounding them, there is the
possibility that something you do not like will end up next to you.
Council Member Capra indicated she would be taking photographs of the road when the
snow is off it for her own reference because she is concerned for the association and the
condition of the road.
Council Member Broussard Vickers noted that there was nothing that Council could do to
get between the association and Mr. Quigley concerning the road because it is a civil
issue. She commented that the Planning and Zoning Commission's recommendation was
brought forward for Council review and is not a final decision. She then indicated that
her husband is a tree farmer and scotch pines, while nice to look at, are not balled and
burlapped for transplant. She further indicated that there is a requirement for trees in the
agreement unlike the previous agreement.
Page 19 of28
Ms. Peterson indicated that homeowners received bylaws on the date of closing. Council
Member Broussard Vickers indicated that was a civil issue with the developer.
Council recessed at 8:35 p.m. to change the tape.
Council reconvened at 8:40 p.m.
The Association left during the recess.
Council Member Nelson indicated she did not like the fact that the road is only 30 feet
wide when the City standard is 33 feet wide.
Council Member Broussard Vickers expressed concern for reducing the size of the road
when Council's reason for not taking over Ojibway is because it was substandard.
Mr. Quigley asked that the word specification be used instead of standard because the
road is in no way, shape or form substandard. He then indicated it had been suggested at
the last meeting that because of the pun he could change the road.
Council Member Broussard Vickers indicated there is no reason that it cannot be changed
and then asked why it could not be three feet wider. City Engineer Peterson indicated
that the structure would be closer to the street because it can not be shifted back.
Council Member Broussard Vickers asked if the driveway would be shorter than a car.
Mr. Quigley indicated it could happen.
Council Member Broussard Vickers indicated she did not want to create any more private
roads and create more problems.
City Attorney Hoeft clarified that the City does not have problems with private streets,
the homeowners association has the problems. He noted that those homeowners have
more rights than any other resident of the City would have becaus.e ofthe association
documents. He then commented that the association may have to pay to enforce those
rights but they do have that option. He further commented that there is no legal issue as
to whether the street should be public or private.
Council Member Capra asked if the other cul-de-sac street was public or private. City
Engineer Peterson indicated it was private.
Council Member Nelson commented that she had a problem with the road being 30 feet
wide instead of 33 feet. City Engineer Peterson indicated that the 33 foot specification
fits well with a 60-foot right-of-way but noted there is not a 60-foot right-of-way in this
instance.
Council Member Capra indicated the road should either be made 33 feet wide or be a
private street.
Page 20 of 28
Council Member Broussard Vickers indicated she would rather see shorter driveways and
would like to see a public road that meets the specifications.
Mr. Quigley indicated he has been trying to make concessions in every direction. He
then indicated that the cul-de-sac may give him more trouble than the 33 foot wide road.
Council Member Broussard Vickers indicated the City specification is set at a 45 foot
radius to allow for fire protection and snow plowing.
Council Member Capra indicated that the school district requires bus drivers to drive into
the cul-de-sac to pick students up and the buses need to be able to turn around.
Council Member Nelson indicated she did not want to approve the final plat unless the
streets are changed. City Engineer Peterson indicated that the street could be widened if
it is pushed tight against the property line.
Council Member Broussard Vickers indicated that Mr. Quigley would need to get an
agreement from the property owners to allow tree planting on their property for screening
because the screening was agreed to.
Council Member Travis commented that the road should be made private and left as it is.
Council Member Broussard Vickers indicated that there were people from the other
association that had concerns and would prefer not to have the street private.
Council Member Nelson indicated she was not interested in making any more private
roads.
Mr. Quigley asked if Council could give approval contingent upon the roads being
reworked to City specifications.
Motion was made by Council Member Nelson, and seconded by Council Member
Broussard Vickers to aDD rove the final Dlat for Eal!le Pass 2nd Addition subiect to
the execution of the develoDer's contract and construction of the street and cul-de-
sac to current City sDecifications. All in favor. Motion carried unanimously.
Council Member Nelson asked that Council discuss the petition that was before Council
asking that the City take over Ojibway Drive and make it a public street. She then
indicated the matter was discussed but no formal action was taken.
Motion was made by Council Member Nelson, and seconded by Council Member
Capra to deny the reauest of the homeowner's association to make Oiibway Drive a
public street. Ayes - 4, Navs -UCouncil Member Broussard Vickers). Motion
carried.
Page 21 of28
Council Member Capra asked Ms. Moore-Sykes to send a letter to the homeowner's
association, attention Brian Rawlings, to notifY the association of Council's
determination on their petition request.
7. Rescheduling Liauor Policv Joint Meeting (Counci1!Businesses)
Council Member Nelson indicated she would like all the meetings to be held by April of
2002.
Ms. Sykes noted that Ms. Bender had put together the licensing information for Council
review. She then noted that any of the items listed from October 15 through the end of
the process had the potential to slow the process down.
Mayor Swedberg indicated he was fine with whatever calendar Council wanted to use but
felt the matter should be discussed.
Council Member Capra asked if Council could hold a work session prior to the meeting
with the business owners.
Council Member Broussard Vickers commented that she was not sure it was necessary to
rewrite the Code and noted that extra Council work sessions were not budgeted for.
Council Member Nelson indicated that there is not much to the liquor policy and said she
feels it needs to be reworked. Council Member Broussard Vickers expressed concern for
spending too much time on the matter as Council did not budget for that many work
sessIOns.
Mayor Swedberg indicated he would like to set the first date because the Chief has to
invite a state official.
Council Member Broussard Vickers asked why a state official is needed.
Mayor Swedberg indicated the state official would provide a broad perspective on the
issue. He then commented that a work session at the beginning of meetings poses a
problem for the City Attorney.
Council Member Broussard Vickers stated if it is telecast then it is part of the next
meeting. If not, call it a work session.
Council Member Broussard Vickers expressed concern for the length of the meeting if
the state official speaks during a regular meeting. She then commented she feels the state
official should be at the meeting when the business owners are.
It was the consent of Council to schedule a work session for February 20,2002 at 6:30
p.m. for the liquor presentation and discussion with the Police Chief. Council also asked
that Staff invite the license holders and any interested public.
Page 22 of28
Council Member Broussard Vickers suggested that Staff provide Council with the
League of Minnesota Cities liquor ordinance as an example.
City Attorney Hoeft indicated that he had asked Mr. March to provide the Plymouth
ordinance for review because he has experience defending the license holders in
Plymouth.
Mayor Swedberg indicated Council wants the prosecutorial perspective to know what can
be implemented because the ordinance is not good if it cannot be enforced.
8. National Volunteer Recognition Week
Council Member Capra reported that she and Ms. Moore-Sykes had determined that the
City could use charitable gambling funds to fund the cook out in celebration of National
Volunteer Week. She then noted she would keep Council apprised of plans for the event.
9. Sheehv Property
Ms. Moore-Sykes indicated another interested party had come to City Hall to ask what it
would take to split the property if he purchased the property. He was given the
information and has not been back.
VIII. NEW BUSINESS
I. Waste Management
Mr. Gary Boium, the Municipal Marketing Manager for Waste Management, addressed
Council and indicated that per the contract Waste Management is requesting approval of
a 4.2% fee increase. He then eXplained that rates had remained flat for the last two years
and it is necessary to raise the rates.
Motion was made by Council Member Broussard Vickers, and seconded by Council
Member Capra to authorize the 4.2% CPI increase for Waste Manal!ement as
recommended by the Minnesota Department of Economic Security.
Council Member Travis asked that the increase amount be noted for the record.
Council Member Broussard Vickers read the increased amounts and commented that the
increase amounts to a few cents.
Vote: All in favor. Motion carried unanimously.
Page 23 of 28
2. ChemLawn Service Agreement
Mayor Swedberg asked if it would be more appropriate for this contract to go out to bid.
He then commented that he would like the City to research whether ChemLawn is using
fertilizer containing phosphorous in the City.
Ms. Moore-Sykes noted the contract amount is the same as last year for weed control for
the parks and the City needs to control weeds to respect adjoining property owners.
Council Member Broussard Vickers suggested asking ChemLawn what chemicals are
used.
Ms. Moore-Sykes indicated that the League of Minnesota Cities is attempting to push
through legislation making it illegal to use phosphorous fertilizers in the state of
Minnesota.
Motion bv Council Member Nelson, seconded bv Council Member Capra to
approve the ChemLawn Service Al!reement and directinl! Staff to advise
ChemLawn that phosphorous fertilizer is not to be used. Aves - 4. N avs - O.
Abstain - 1 (Mavor Swedberl!).
3. Anoka County Residential Recvcling Agreement
Ms. Moore-Sykes indicated that this item was an annual housekeeping item to allow the
City to participate in the County's recycling grant program.
Council Member Nelson noted the recycling funds were used to provide the newsletter in
the past.
Motion bv Council Member Nelson. seconded bv Council Member Travis to
Approve the Anoka County Residential Recvclinl! Al!reement. All in favor. Motion
carried unanimouslv.
4. Lift Station #1 Upgrade
City Engineer Peterson indicated that Lift Station #1 is located near The Shores
development and is in need of upgrading before adding additional homes to the system.
Council Member Broussard Vickers asked if the money for the upgrade would come
from the sewer fund. City Engineer Peterson indicated that sewer funds would be used.
Motion bv Council Member Broussard Vickers, seconded bv Council Member
Nelson, to authorize the uPl!rade of Lift Station #1 and to order plans and
specifications. All in favor. Motion carried unanimously.
Page 24 of 28
IX. CONSENT AGENDA
1. The City ofCenterville January 10,2002 through January 23, 2002 Expenditures.
2. Centennial Fire District Expenditures
3. Media Junction - EDC Business Directory
4. Park Construction Pay Estimate #3 - $53,459.40 (Pheasant Marsh)
Ms. Moore-Sykes requested permission to add the postage to mail out the EDC directory
to Item 3.
Council Member Broussard Vickers asked if there was money in the EDC budget for that
postage.
Council Member Capra indicated that EDC has enterprise funds to be used for the
postage.
Motion bv Mavor Swedberl!. seconded bv Council Member Capra to approve the
Consent Al!enda as amended. All in favor. Motion carried unanimouslv.
X. COMMITTEE REPORTS
Mayor Swedberg reported that the Police Department has asked the City for its priorities
for the coming year and asked each Council Member to bring a couple of ideas to the
next meeting. He also asked Ms. Moore-Sykes for her priorities for policing for the City.
Mayor Swedberg indicated the Police Commission is attempting to figure out how to
raise the Chief and Deputy Chief salaries to bring them more in line with the guideline
for the positions. He also indicated the Police Commission has asked to take the funds
out of the reserve funds but noted that the City would then be committed to continuing
with the increased salaries.
Mayor Swedberg noted the contract for street officers is up this year and will go into
negotiations for a new contract for 2003.
Council Member Nelson commented that the Chief provided his budget and she would
feel very strongly that there is no way to raise it.
Council Member Travis reported that the fire budget had come in $874.00 under budget
for the year.
Council Member Nelson reported the new EDC Business Directory is available in the
City Hall foyer.
Council Member Capra reported the cable commission is working on a contract with
AT&T Broadband.
Page 25 of28
Council Member Broussard Vickers reported that Planning and Zoning is working on
Ordinance #4 and asked if Staff had provided Committee Members with the ordinance
for review. Ms. Moore-Sykes indicated Staff was working on providing the information
and she thinks it was sent out.
Kim Stephan confirmed that the ordinance had been provided to the Committee.
Council Member Broussard Vickers reported she would be attending the Park and
Recreation meetings in 2002.
Mayor Swedberg asked Staff to find out whether the new towing company is an allowed
usage in the industrial park.
Council Member Capra asked Staff to researcb whether the Ordinance #4 change to allow
for the garage was posted in the paper. Ms. Moore-Sykes agreed to check into it and
report back.
Council Member Capra reported that she and Ms. Moore-Sykes had attended a MNDOT
meeting concerning access onto County Road 14. She then indicated that, as far as the
County is concerned, there should be no pedestrian access onto Main Street because their
priority is moving traffic as quickly as possible.
Council Member Nelson asked if TimeSaver would be providing the minutes directly to
Council as requested.
Ms. Moore-Sykes explained she had spoken to Carla Wirth, the owner of TimeSaver,
who had indicated that the contract requires that TimeSaver submit the minutes to a staff
member. She then noted that the minutes would be sent to her and she wOilld forward
them to Council.
XI. ADMINISTRATOR'S REPORT
Ms. Moore-Sykes noted she would be attending an informational forum concerning the
affect of the governor's budget plan on local governments.
Ms. Moore-Sykes reported she had consulted a non-profit organization to determine the
costs to provide computer and technological expertise for the City. She then noted that a
cost estimate would be provided and presented to Council.
Ms. Moore-Sykes indicated that govoffice.com would have the website up and running
upon receipt of payment from the City.
Ms. Moore-Sykes reported that the majority of mediation services use falls under police
services.
Page 26 of 28
Ms. Moore-Sykes indicated there would be an Anoka County elected officials meeting at
Majestic Oaks on January 29,2002, and asked those Council Members interested in
attending to notify her as soon as possible.
Ms. Moore-Sykes indicated that the Tri-City meeting would be held on January 30, 2002
at the Lino Lakes City Hall and provided a copy ofthe agenda for review. She noted she
had also attached a copy of an article concerning the widening of Highway 8.
Ms. Moore-Sykes indicated the board of review meeting would be held in April of2002.
Ms. Moore-Sykes provided a hiring update indicating that she has been considering
hiring someone who is experienced in the finance area but noted she is not sure whether
the budgeted salary for the secretarial position would cover that type of a position.
Council Member Nelson commented that she did not think it was a very good idea to
combine the clerk/treasurer position. She then commented that the person's salary would
need to be changed to reflect that she is no longer doing the treasurer's job because the
salary was increased when those duties were added to the position.
Ms. Moore-Sykes explained the City Clerk is responsible for a lot more than secretarial
service. She is responsible for the elections, public notifications and other very
specialized duties.
Council Member Capra suggested researching whether the clerk's salary is in line with a
typical clerk's salary. She then commented that she does not feel the City is getting the
best service by having those positions combined.
Ms. Moore-Sykes indicated Ms. Bender does both jobs but was at City Hall until after
6:00 p.m. again tonight to assist with getting ready for the meeting. She then commented
that there are more duties than can be accomplished in a work day.
Ms. Moore-Sykes noted she had mentioned codification in her Week in Review and
suggested talking to the League of Minnesota Cites to get some help. She then indicated
that Ms. Bcndcr thought that this may have been done.
Council Member Broussard Vickers indicated she thought that $10,000 was approved to
have it done and noted there was a notebook with notes on wording suggestions that were
to be used in an attempt to keep costs down. She then asked that Staff look for that list
and figure out the priorities.
Ms. Moore-Sykes indicated that someone with legal expertise would need to review the
ordinances and determine whether they are necessary or need changes. She then
commented that Ordinance #4 is vcry complex.
Council Member Broussard Vickers indicated that the City had just finished revising
Ordinance #4 and had paid big money for it.
Page 27 of28
Ms. Moore-Sykes indicated she would research whether the City paid a consultant to
perform the service.
XII. ADJOURNMENT
Motion by Council Member Nelson. seconded by Council Member Capra to adiourn
the January 23.2002 City Council Meeting at 10:10 p.m. All in favor. Motion
carried unanimously.
Transcribed by:
Joan Lenzmeier, Recording Secretary
TimeSaver Off Site Secretarial, Inc.
Page 28 of 28
,
.'
Centennial Fire District
7741 Lake Drive
Lino Lakes, MN 55014
(651) 784-7472
February 26, 2002
Centerville City Council
City of Centerville
1880 Main Street
Centerville, MN 55014
Dear City Council Members,
It's my understanding that there is some doubt as to installing city
water to "The Shores" housing development. Obviously this decision is
yours to make and those of us that work for the city will have to deal
with the decision.
However, I would be negligent if I did not let you know that the
city water, with fire hydrants, makes our work more effective in
extinguishing fires. Working on a fire in an area where there is no
hydrants available requires water to be hauled in. This process can
require three to five additional firefighters for manpower on the scene.
There is also a difference in the ISO rating based on the
availability of fire hydrants. The areas that don't have hydrants have
an ISO rating of a "9", the areas with the hydrants have a rating of a "5".
The lower ISO rating gives the homeowner a lower insurance premium.
If you have any questions, feel free to contact me at my office
(651) 784-7472.
Sincerely,
~ 13~-'
Milo Bennett
Fire Chief
BONESTROO ROSENE ANDER~IK
'ii 6516361311
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Bonestroo. Rosene, Ancferllk ancl Associates . I
2335 West Highway 36>> St. Paul. MN 55113.651-636-41:>00. F~: b51.631:>.1311 .wI/I,w.bonestroo.com
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02120/02 14:25 B :01/01, No:195
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BONESTROO ROSENE ANDERLIK
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~ Rosene
"I\M Anderllk &
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Engineers & Ar,hite't.
September 26, 2001
City 01 Centervllle
1880 Main Street
Centervllle, MN 55038
Artn: Mr. Paul Palzer
if 6516361311 02/20/02 14:25 B :02/04 NO:195
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Re: Comprehensive Water Plan Update
Dear Paul:
As requested, we have put together a work plan to update the 1997 Comprehensive Water Plan,
The City 01 Centervllle has experienced substantial growth, resulting In increased water demand,
This has necessitated an update of the 1997 Comprehensive Water Plan,
Several issues need to be analyzed as a minimum requirement ot this plan.
Growth: The basic purpose of the Water Plan Update is to provide a guide to orderly expansion of
the trunk water system to handle the projected growth of the City. The Basic Work Plan for this stud~
will determine 2020 and ultimate trunk water system improvements needed to serve Centerville. .
Water Storaga: Additional water storage is required to meet the City's peak hour Ullage and fire flO~
requirements. The joint powers agreement with L1no Lakes stipulates that Centervllle' have a new '
water tower on line In less than 8 years. New water tower design and construction takes almost 24
months. This study will determine the optimal size and location of the storage taclllty.
Flnentlng of Propoaed.lmprovement,: Another fundamental question the study must answer is
"HOw mu~11 will the recommended improvements oost?" The study will contain cost estimates and a
Capital Improvement Plan lor all recommended Improvements. Also, the study will provide a cost
recovery analysis based on the ultimate trunk water system.
Please call me at (651) 804.4888, or Mark Wallis at (651) 604.484.2 to discuss further.
Sincerely.
BONESTROO, ROSEN ANDERLIK & ASSOCIATES. INC.
-; ~~.')_.- ,...,
Thomas W. Peterson
00: Mark Wallis, 6onestroo
2335 \ICIest Highway 36 . St. Paul, MN 55113' 651-636"4600' Fax~ 651'63~.-t311
14:25 DJ :03/04 NO:195
I
I
BONESTROO ROSENE ANOERLIK
,
.6516361311
02/20/02
Chy of CentorvUIe
Otlober 26, 200 t
Page 2
i
Basic Work Plan - Comprehensive Water Plan Update I
An outline of the tasks required to update the 1997 Comprehensive Water Plan is presented oelow. ,
,
I
i
I
!
Task 1: Project Initiation end Data Collection
We will review data and information collected for the 1997 Water Supply and Distribution plan and
supplement that data with information and data for facilities constructed since the 1997 Plan
publication. Additionally, we will meet with Centervllle staff to get Input on any changes,
modifications, or Improvements that they would like to see in the water system.
Talk 2: Water Usage Review and Projections ,
We will review the City's water use dala collected since the 1997 Plan (maximum day, average day. I
and monthly totals). This data will be used to establish existing and estimate future water use
patterns within the City. We will establish water use at points throughout the City based on the
updated land use plan. Design average day and maximum day water demands will be established
for the yeal"!-g020 and the ultimate build out of the City. Maximum Fire flow requirements will be
reviewad based on Insurance Services Office and City requirements.
We will meel with the City to review the projected water demands and ~re flow requirements.
Task 3: Wellfleld Review
We will review the wellfiald to detenl1ine that It meets the needs of the City's ultimate water demand.
This analysis will consist of estimating the number of additional wells required (based on capacity of I
existing wells), and estimating the location of future wells (based on aveilable data).
Task 4: Water Treatment Evaluation
We will review the existing well water quality with respect to current and proposed drinking water
standards, This evaluation wIll Include both public health concerns and aesthetic issues, such as
taste, odors, and "red" or 'black" water complaints.
j
I
Task 5: Hydraulic Modeling I
The eXisting hydraulic model of the Centerville Water System will be upgraded to a WaterGAD I
medel. WaterCAD is a powerfUl analytical tool that operates in a totally integrated AutoCAO and GIS1'
environment. The computer model can be ...Iewed with City base maps, iand use maps. or Integrated
into the City GIS system. By simulating operation of the water system, the computer model: I
i
I
I
i
I
,
01 Reveals system problems,
01 Predicts the effects of alternative solutions, and
.; Predicts the effeclll of system expenslons.
Pipes constrl./cted since the 1997 plan will be added to the model. The model will be used to size
future trunk water mains to serve development as well as to determine the size and location of
additIonal water storage.
T.sk 6: Capital Improvement Plan
A wllter utility must have a sound basis for planning the expansion of Its water system. This is '
especially true now, with Increasing regulatlons regarding property acquisition, publiC notification and
construction. A sound Capital Improvement Plan (OIP) will enable Centervllle to ha...e the required I
facilities in-place by the time they are needed.
,-----~
BONESTROO ROSENE ANDERLIK
02/20/02 14:25 [)I :04/04 NO:195
I
i
I
The elP will be prepared for the trunk waler system in one-year increments through 2007, in five. I'
year increments through 2020. and will consider remaining Improvements to be post-2020, I
The CIP will be based on the best available projections from the City for population, land use, and I
water l.lSe, Additionally, Ihe elF' will be linked to benchmark events to allow Centerviile to update the'
CIP easily. I"or example, wells and water towers will be tied to water use thresholds. Distribution I
system imprOllements will be linked 10 fulure development or to coincide with street reconstruction :
projects,
W 6516361311
City of Cont.rville
October 26. 2001
P.ge 3
Talk 7: Economic Analysis
The operation 01 a water utility must have a sound financial basis. Detailed cost estimates for all of .
the proposed trunk water system facilities will be prepared and presented in the report, An estimate I
of the land required for wells and water towers will be provided so that an estimated cost (or land !
acquisition can be includlld in the cost o( each facility. The City will provide land costs. These costs I
will be included in the CIP described above.
Based on the overall cost of the ultimate water system, a fair and equitable manner of reVenue
generation will be developed using area and connection charges to pay for the trunk water system.
We will review the City's exiSting Charge system and make recommendation for Improvements.
Task 8: Report and Presentation
This \ask represents the culmination of the planning effort. A Comprehensive Water Plan Serves a
number of purposes, and is read by a variety of individuals, The Information must be presented so ,
that a non-technical audience can easily understand It. At the same time. it must provide sufficient '
detailed data to ensure that the cllY staff can use the study in their daily activities and easily update
the studY as conditions chanQe. I
The Bonestroo report wili include graphics and figures to clarify items discussed in the report~ The .
information in the report will be organized for ease of accass by various audiences. A clear, concise I
Executive Summary and Recommendations section wiJl assist the City Council and the city staff to
review this document. Technical Information will generally be placed in an appendix.
This work consists of the following subtaaks:
. Draft Report for Staff Review: For several of the major tasks described above, technical I
memoranda wiii be prepared and submitted to Centervllle for review, Because the results of
one taSk can affect others, technical memoranda on each task will be prepared as tl'le taSK Is
completed.
A draft report ror the entire study, Including all applicable maps, figures, and appendices will
be complied and presented to city staff for review.
. Final Report: Following review by city staff, a final report will be prepared and 25 copies
submitted to Centerville. Key team members will present a summary of the report to the City
Council
CompensatIon and Schedule
We propose to complete the Basic Work Plan for a lump sum of $14,800~ The Basic Work Plan can
be completed within four months of the notice to proceed.
~
1880 'Jvlain Street '" Centerville, '}vI'1\[ 55038
(6'.')1) 429-3232 .. 'laiC (6.')1) 429-8629
/'
1t, ~4
t ~\~0 .
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF CENTERVILLE
RESOLUTION #02 - 004
A RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS
FOR THE EXTENSION OF MUNICIPAL WATF~ SERVICES FROM AN EXISTING
WATER VALVE/HYDRANT/MAIN LOCATED AT 1694 LAKELAND CIRCLE,
NORTHWESTERLY ALONG COUNTY ROAD 14 (MAIN STREET) TO THE
SOUTHEASTERN CORNER OF 1475 MOUND TRAIL TO SERVICE RESIDENTS
ALONG SAME AND THE SUBDIVISION KNOWN AS "THE SHORES"
WHEREAS, it is proposed to construct municipal water, sanitary, storm sewer, streets, curb and
gutter, and sidewalk-trailway improvements for the "The Shores" Subdivision a Glen Rehbein
Companies, Inc. development and benefiting properties along County Road 14 (Main Street) wjll
be assessed for all or a portion of the cost of said im rovements ursuant to Minnesota Statutes,
hapter 429; an .
WHEREAS, the City of Center vi lie ("City") will declare the adequacy of the submitted petition
(Exhibit A); and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CENTERVILLE, MINNESOTA:
1. That the proposed improvement be referred to the City Engineer,
Bonestroo, Rosene, Anderlik & Associates for a feasibility study and that
they be instructed to report to the Council with all convenient speed,
advising the Council in a preliminary way, as to whether the proposed
improvement is feasible and as to whether it should best be made as
proposed or in connection with some other improvement, and the
estimated cost of the improvements as recommended.
PASSED AND ADOPTED by the City of Centerville this 27th day of February, 2002.
City of Center vi lie, Minnesota
By:
Tim Swedberg, Mayor
ATTEST:
.
~)/iJi -I /J
City ofCcntcrviilc
October 24, 200l
Council Meeting Minutes
,{
Motion by Conncil Member Broussard Vickers, seconded by Conncil Member
Capra to order a feasibilitv study to extend the water main to The Shores from
Bonestroo in an amonnt not to exceed $5,000 to be presented at the second meeting
in November. All in favor. Motion carried unanimouslv.
Council Member Travis askcd who would pay for the study. Council Member Broussard
Vickers indicated the City would pay for the study.
City Engineer Peterson clarified that the City pays the up front costs and can recoup the
costs in the construction costs.
Mr. Rehbein's surveyor asked when he could expect final plat approval.
COllllCil IYkmber Broussard Vickcrs indicatcd she would not want to approve the tinal
plat until the water issue was settled.
Council Member Broussard Vickers indicated that the City would need to consider
information obtaincd at the public hearing 'at the tirst meeting in December and then
decide.
2. Resolution #01-020 - Awarding: thc Sale of $990,000 G.O. Improvement Bond _
Pheasant Marsh
Discussed previously.
3. Resolution #01-021 - Abatement of Sllecial Assessments (Parkview Addition)
1723 Meadow Lane
Motion by Council Memher CaPI'a, seconded bv Conncil Member Broussard
Vickers to aporove Resolution #01-021, a resolution for abatement of soecial
assessments iParkview Addition) 1723 Mcadow Lane. All in favor. Motion carried
ulUlIlimouslv.
4. R & R Leasinl! - Sllecial Assessment Slllit Request
Mayor Swedberg noted this matter had been tabled for more information.
Council Member Travis indicated that R & R Leasing had requested an assessment split
not a lot split. City Attorney Hocft concurred that R & R Leasing had requested an
allocation assessment. He then indicated that Council is not being asked to do something
that is wrong or bad but something that is out ofthc ordinary course of action.
Council Member Broussard Vickers indicated she was not interested in approving the
request as she feels the City should collect the assessment in full as is the nomlUl course
of action.
Puge II of25
1380 .qvfaiil Street ,jj Centervi[[e/ 'J1bV 55038
(651) 429-3232 '" 'Ja;c(651) 429-8629
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF CENTERVILLE
RESOLUTION #02 - 005
A RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS FOR THE
EXTENSION OF MUNICIPAL WATER SERVICES FROM AN EXISTING WATER
V ALVE/HYDRANT/MAIN LOCATED AT 1694 LAKELAND CIRCLE, NORTHWESTERLY
ALONG COUNTY ROAD 14 (MAIN STREET) TO THE SOUTHEASTERN CORNER OF 1475
MOUND TRAIL TO SERVICE RESIDENTS ALONG SAME AND THE SUBDIVISION
KNOWN AS "THE SHORES"
WHEREAS, the City ofCenterville ("City") initiated said improvements and ordered a feasibility study
on October 24, 2001; and
WHEREAS, pursuant to resolution of the council adoptcd the 27th day of February, 2002 a report has
been prepared by Bonestroo, Rosene, Anderlik & Associates with reference to the improvement, and
this report was received by the Council on the 14th day of November, 200l; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CENTERVILLE, MINNESOTA:
1. The Council initiates said improvements.
2. Such improvement is hereby ordered as proposed in the Council resolution
adopted February 27, 2002.
3. Glenn Rebein Companies, Inc. and Bonestroo, Rosene, Anderlik & Associates are
hereby designated as engineers for this improvement and will work in
conjunction. Both firms will prepare plans and specifications for making of such
improvement.
4. Tbe City Council declares its official intent to reimburse itself for the costs of the
improvement from the proceeds ofa tax-exempt bond.
PASSED AND ADOPTED by the City ofCenterville this 27th day of February, 2002.
City of Centerville, Minnesota
By:
Tim Swedberg, Mayor
ATTEST:
"'7",,~(0(;4d/.'
CITY OF CENTERVILLE
02/27/023:39 PM
Page 1
*Check Summary Register@
t="-eb 2.2 '+-h.ru'^'{h ~la. 2-1J 2.002.
FEBRUARY 2002
Name
Check Dale
Check Amt
10100 THE COUNTY BANK
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
ABBA TROPHY
ANOKA COUNTY
ANTHONY PELTIER
COMFORT PLUS HEATING & COOLING
CORNER EXPRESS
iRS/COUNTY BANK
MCLEOD USA
METRO SALES INCORPORATED
M ETROCALL
METROPOLITAN COUNCiL ENVIROMEN
MINNESOTA DEPT OF REVENUE
NATIONWIDE RETIREMENT SOLUTION
PALZER. PAUL
PRESS PUBLICATIONS
PUBLIC EMPLOYEES RETIREMENT
aWEST
Total Checks
AID ELECTRIC CORPORATION
IRS/COUNTY BANK
IRS/COUNTY BANK - VOID
Total checks
Total checks
$8.89
$14.974.00
$20.00
$520.47
$117.46
$3,186.69 11
$586.95
$1,244.41
$48.15
$2,376.00
$458.11
$1,034.00
$112.80
$46.88
$1.365.32
$271.74
$26.371.87
$2887.65
$3201.03
-3186.69 ""'"
$2901.99
$29,273.86
CITY OF CENTERVILLE
*Check Summary Register@
1=-eb 2.Z -+-r-.ru'^'th N..-lc. 2-1J 2-00 Z
02/27/02 3:39 PM
Page 1
FEBRUARY 2002
Name
Check Date
Chock Ami
10100 THE COUNTY BANK
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
ABBA TROPHY
ANOKA COUNTY
ANTHONY PELTiER
COMFORT PLUS HEATING & COOliNG
CORNER EXPRESS
IRS/COUNTY BANK
MCLEOD USA
METRO SALES INCORPORATED
METROCALL
METROPOLITAN COUNCIL ENVIROMEN
MINNESOTA DEPT OF REVENUE
NATIONWIDE RETIREMENT SOLUTION
PALZER, PAUL
PRESS PUBLICATIONS
PUBLIC EMPLOYEES RETIREMENT
QWEST
$8.89
$14,974.00
$20.00
$520.47
$117.46
$3,186.69 it
$586.95
$1,244.41
$48.15
$2,376.00
$458.11
$1,034.00
$112.80
$46.88
$1,365.32
$271.74
$26,371.87
Total Checks
AID ELEcrRIC CORPORA TlON
IRS/COUNTY BANK
IRS/COUNTY BANK - VOID
$2887.65
$3201.03
.3186.69~
$2901.99
$29,273.86
Total checks
Total checks
''"luir....l'''::itfli~'H
CITY OF CENTERVILLE
02127/023:39 PM
Page 1
*Check Summary Register@
t=-eb 2.2 +~r~h ~lo. 2,7J LOO2.
FEBRUARY 2002
Name
Check Dale
Check Amt
10100 THE COUNTY BANK
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
ABBA TROPHY
ANOKA COUNTY
ANTHONY PELTIER
COMFORT PLUS HEATING & COOLiNG
CORNER EXPRESS
IRS/COUNTY BANK
MCLEOD USA
METRO SALES INCORPORATED
METROCALL
METROPOliTAN COUNCIL ENVIROMEN
MINNESOTA DEPT OF REVENUE
NATIONWiDE RETIREMENT SOLUTION
PALZER, PAUL
PRESS PUBliCATIONS
PUBLIC EMPLOYEES RETIREMENT
OWEST
Total Checks
AID ELECTRIC CORPORATION
IRS/COUNTY BANK
IRS/COUNTY BANK - VOID
Total checks
Total checks
$8.89
$14,974.00
$20.00
$520.47
$117.46
$3,186.69 it
$586.95
$1,244.41
$48.15
$2,376.00
$458.11
$1,034.00
$112.80
$46.88
$1,365.32
$271.74
$26,371.87
$2887.65
$3201.03
-3186.69 "*
$2901.99
$29,273.86
(i""".""'"
, ,c!.i~~.:,."..
.
'..... . ;
, . ::'
'"l.....,"~"";. '
CITY OF CENTERVILLE
*Check Summary Register@
t=-eb 2.2 -I-hr<MAth kla. 2-1J 2...002.
02/27/023:39 PM
Page 1
FEBRUARY 2002
Name
Check Amt
Chock oato
10100 THE COUNTY BANK
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
ABBA TROPHY
ANOKA COUNTY
ANTHONY PELTIER
COMFORT PLUS HEATING & COOLING
CORNER EXPRESS
IRS/COUNTY BANK
MCLEOD USA
METRO SALES INCORPORATED
METROCALL
METROPOLITAN COUNCIL ENVIROMEN
MINNESOTA DEPT OF REVENUE
NATIONWIDE RETIREMENT SOLUTION
PALZER,PAUL
PRESS PUBLICATIONS
PUBLIC EMPLOYEES RETIREMENT
QWEST ,
$8,89
$14,974.00
$20.00
$520.47
$117.46
$3,186.6911
$586.95
$1,244.41
$48.15
$2,376.00
$458.11
$1,034.00
$112.80
$46.88
$1,365.32
$271.74
$26,371.87
Total Chock.
AID ELECTRIC CORPORA nON
IRS/COUNTY BANK
IRS/COUNTY BANK - VOID
$2887.65
$3201.03
-3186.69~
$2901.99
$29,273.86
Total checks
Total checks
CITY OF CENTERVILLE
*Check Summary Register@)
t=-eb 2.2 -+-J.-.rll'^'th ~lo. 2,7J LOO2.
02127/02 3:39 PM
Page 1
FEBRUARY 2002
Name
Check Date
Chock Am!
10100 THE COUNTY BANK
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
ABBA TROPHY
ANOKA COUNTY
ANTHONY PELTIER
COMFORT PLUS HEATING & COOLING
CORNER EXPRESS
IRS/COUNTY BANK
MCLEOD USA
METRO SALES INCORPORATED
METROCALL
METROPOLITAN COUNCIL ENVIROMEN
MINNESOTA DEPT OF REVENUE
NATIONWIDE RETIREMENT SOLUTION
PALZER, PAUL
PRESS PUBLICATIONS
PUBLIC EMPLOYEES RETIREMENT
aWEST
$8.89
$14,974.00
$20.00
$520.47
$117.46
$3,186.69 It
$586.95
$1,244.41
$48.15
$2,376.00
$458.11
$1.034.00
$112.80
$46.88
$1,365.32
$271.74
$26,371.87
Total Checks
AID ELECTRIC CORPORA nON
IRS/COUNTY BANK
IRS/COUNTY BANK - VOID
$2887.65
$3201.03
-3186.69.
$2901.99
$29,273.86
Total checks
Total checks
""lulw.li'Ij":i!.w:'
CITY OF CENTERVILLE
*Check Summary Register@
r=~b 2..2 +hru"'-'th klo. 2-7J 2.-00z.
02/27/02 3;39 PM
Pagel
FEBRUARY 2002
Name
Check Date
Check Ami
10100 THE COUNTY BANK
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPald
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
t",
ABBA TROPHY
ANOKA COUNTY
ANTHONY PELTIER
COMFORT PLUS HEATING & COOliNG
CORNER EXPRESS
IRS/COUNTY BANK
MCLEOO USA
METRO SALES IN CORPORA TEO
METROCALL
METROPOLITAN COUNCIL ENVIROMEN
MINNESOTA OEPT OF REVENUE
NATIONWIDE RETIREMENT SOLUTION
. PALZER, PAUL
PRESS PUBLiCATIONS
PUBLiC EMPLOYEES RETIREMENT
aWEST
$8.a9
$14,974.00
$20.00
$520.47
$117.46
$3,185.69 11
$585.95
$1,244.41
$48.15
$2,375.00
$458.11
$1,034.00
$112.80
$45.88
$1,365.32
$271.74
$26,371.87
Total Checks
Total checks
$2887,65
$3201.03
-3186,69 ....
$2901.99
$29,273.86
AID ELECTRIC CORPORA nON
IRS/COUNTY BANK
IRS/COUNTY BANK - VOID
Total checks
CITY OF CENTERVILLE
*Check Summary Register@
/=-eb 2.Z +hrlM>(h ~lo. 2-1J 2..002.
02127/023:39 PM
Page 1
"'7;.;"wti'",'4.oJ,;',
FEBRUARY 2002
Name
Check Date
Check Ami
10100 THE COUNTY BANK
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
ABBA TROPHY
ANOKA COUNTY
ANTHONY PELTIER
COMFORT PLUS HEATING & COOLING
CORNER EXPRESS
iRS/COUNTY BANK
MCLEOD USA
METRO SALES INCORPORATED
METROCALL
METROPOLITAN COUNCIL ENVIROMEN
MINNESOTA DEPT OF REVENUE
NATIONWIDE RETIREMENT SOLUTION
PALZER, PAUL
PRESS PUBLICATIONS
PUBLIC EMPLOYEES RETIREMENT
QWEST
$8.89
$14,974.00
$20.00
$520,47
$117,46
$3,166.69 it
$588.95
$1,244.41
$48.15
$2,376.00
$458.11
$1,034.00
$112.80
$48.88
$1,385.32
$271.74
$26,371.87
Total Checks
AID ELECTRIC CORPORATION
IRS/COUNTY BANK
IRS/COUNTY BANK - VOID
$2887,65
$3201.03
-3186.69 *
$2901.99
$29,273.86
Total checks
Total checks
CITY OF CENTERVILLE
*Check Summary Register@
!=-eb 2.2 "'I-l--.rll'^'"{h ~1D. 2-1J 2...00<:'
02/27/023:39 PM
Pagel
FEBRUARY 2002
'?m"...I'~'"1!..k;"
Name Check Date Check Amt
10100 THE COUNTY BANK
UnPaid ABBA TROPHY $8.89
UnPaid ANOKA COUNTY $14,974.00
UnPaid ANTHONY PELTIER $20.00
UnPaid COMFORT PLUS HEATING & COOLING $520.47
UnPaid CORNER EXPRESS $117.46
UnPaid IRS/COUNTY BANK $3.166.69 it
UnPaid MCLEOD USA $566.95
UnPaid METRO SALES iNCORPORATED $1,244.41
UnPaid METROCALL $48.15
UnPaid METROPOLITAN COUNCIL ENVIROMEN $2,376.00
UnPaid MINNESOTA DEPT OF REVENUE $458.11
UnPaid NATIONWIDE RETIREMENT SOLUTION $1,034.00
UnPaid PALZER, PAUL $112.80
UnPaid PRESS PUBLICATIONS $46.88
UnPaid PUBLIC EMPLOYEES RETIREMENT $1,365.32
UnPaid QWEST . $271.74
Total Checks $26,371.87
AID ELECTRIC CORPORATION $2887.65
IRS/COUNTY BANK $3201.03
IRS/COUNTY BANK - VOID -3186.69 ~
Total checks $2901.99
Total checks $29,273.86
CITY OF CENTERVILLE
02127/023:39 PM
Page 1
*Check Summary Register@
/=-eb 2.2 -I-~rll<^'"{h ~1o. 2,7J 2.P(J2.
FEBRUARY 2002
Name
Check Date
Check Ami
10100 THE COUNTY BANK
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
{'
ABBA TROPHY
ANOKA COUNTY
ANTHONY PELTIER
COMFORT PLUS HEATING & COOLING
CORNER EXPRESS
IRS/COUNTY BANK
MCLEOD USA
METRO SALES INCORPORATED
METRO CALL .
METROPOLITAN COUNCIL ENVIROMEN
MINNESOTA DEPT OF REVENUE
NATIONWIDE RETIREMENT SOLUTION
PALZER, PAUL
PRESS PUBLICATIONS
PUBLIC EMPLOYEES RETIREMENT
QWEST .
$8.89
$14,974.00
$20.00
$520.47
$117.46
$3,186.69 Ii
$586.95
$1,244.41
$48.15
$2,376.00
$458.11
$1,034.00
$112.80
$46.88
$1,365.32
$271.74
$26,371.87
Total Checks
AID ELECTRIC CORPORATION
IRS/COUNTY BANK
IRS/COUNTY BANK - VOID
$2887.65
$3201.03
-3186.69'"""
$2901.99
$29,273.86
Total checks
Total checks
CITY OF CENTERVILLE
02127/02 3:39 PM
Page 1
*Check Summary Register@
1=-eb 2.Z -I-hru'^'th t=.....1a. 2-1J 2Poz.
FEBRUARY 2002
Name
Check Date
Check Am!
10100 THE COUNTY BANK
UnPaid ABBA TROPHY
UnPaid ANOKA COUNTY
UnPaid . ANTHONY PELTIER
UnPaid COMFORT PLUS HEATING & COOLING
UnPaid CORNER EXPRESS
UnPaid iRS/COUNTY BANK
UnPaid MCLEOD USA
UnPaid METRO SALES INCORPORATED
UnPaid METROCALL
UnPaid METROPOliTAN COUNCIL ENVIROMEN
UnPaid MINNESOTA DEPT OF REVENUE
UnPaid NATIONWIDE RETIREMENT SOLUTION
UnPaid PALZER, PAUL
UnPaid PRESS PUBliCATIONS
UnPaid PUBLIC EMPLOYEES RETIREMENT
UnPaid QWEST
Total Checks
$8.89
$14.974.00
$20.00
$520.47
$117.46
$3,166.6911
$586,95
$1,244.41
$48.15
$2,376.00
$458.11
$1,034.00
$112.60
$48,88
$1,365.32
$271.74
$26,371.87
Total checks
$2887,65
$3201.03
-3186.69 -<to
$2901.99
AID ELEcrRIC CORPORATION
IRS/COUNTY 8ANK
IRS/COUNTY BANK - VOID
Total checks
$29,273.86
'7~'NMr~'.i!.u:.';
CITY OF CENTERVILLE
*Check Summary Register@
t=.eb 2..2. '+-l--.rll'^'th klo. 2-1J Lao 2.
02127/023;39 PM
Page 1
Fe;BRUARY 2002
Name
Check Ami
Check Date
10100 THe; COUNTY BANK
UnPaid
UnPeid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
ABBA TROPHY
ANOKA COUNTY
ANTHONY PEL T1 ER
COMFORT PLUS HEATiNG & COOLING
CORNER EXPRESS
iRS/COUNTY BANK
MCLEOD USA
METRO SALe;s INCORPORATe;D
METROCALL
METROPOLITAN COUNCIL ENVIROMEN
MINNESOTA DEPT OF REVENUE
NATIONWIDE RHIREMENT SOLUTION
PALZER,PAUL
PRESS PUBLICATIONS
PUBLIC EMPLOYEES RETIREMENT
QWEST
$8.89
$14,974.00
$20.00
$520.47
$117.46
$3,186.69 It
$586.95
$1,244.41
$48.15
$2,376.00
$458.11
$1,034.00
$112.80
$46.88
$1,365.32
$271.74
$26,371.87
Total Checks
Total checks
$2887,65
$3201.03
-3186,69.....
$2901.99
$29,273.86
AID ELEcrRIC CORPORATION
IRS/COUNTY BANK
IRS/COUNTY BANK - VOlO
Total checks
'?~V'~>
CITY OF CENTERVILLE
*Check Summary Register@)
1=-eb 2..Z +hr~h k-lo. 2-7J LOOZ
02/27/023:39 PM
Page 1
FEBRUARY 2002
Name
Check Date
Check Amt
10100 THE COUNTY BANK
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
ABBA TROPHY
ANOKA COUNTY
ANTHONY PEL TIER
COMFORT PLUS HEATING & COOLING
CORNER EXPRESS
IRS/COUNTY BANK
MCLEOD USA
METRO SALES INCORPORATED
METROCALL
METROPOLITAN COUNCIL ENVIROMEN
MINNESOTA DEPT OF REVENUE
NATIONWIDE RETIREMENT SOLUTION
PALZER, PAUL
PRESS PUBLICATIONS
PUBLIC EMPLOYEES RETIREMENT
QWEST .
$8.89
$14,974.00
$20.00
$520.47
$117.46
$3,186.69*
$566.95
$1,244.41
$48.15
$2,376.00
$458.11
$1.034.00
$112.80
$46.88
$1,365.32
$271.74
$26,371.87
Total Checks
AID ELECTRIC CORPORATION
IRS/COUNTY BANK
IRS/COUNTY BANK - VOID
$2887.65
$3201.03
-3186.69 """
$2901.99
$29,273.86
Total checks
Total checks
tI1.J'"'"''"'''
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CITY OF CENTERVILLE
*Check Summary Register@
t='-eb 2.2 '+-~r~ h t=-...1a. 2.1J Lao Z.
02/27/02 3:39 PM
Pagel
FEBRUARY 2002
Name
Check Ami
Check Data
10100 THE COUNTY BANK
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
ABBA TROPHY
ANOKA COUNTY
ANTHONY PEL TIER
COMFORT PLUS HEATiNG & COOLiNG
CORNER EXPRESS
IRS/COUNTY BANK
MCLEOD USA
METRO SALES INCORPORATED
METROCALL
METROPOliTAN COUNCIL ENVIROMEN
MINNESOTA DEPT OF REVENUE
NATIONWIDE RETIREMENT SOLUTION
. PALZER, PAUL
PRESS PUBliCATIONS
PUBliC EMPLOYEES RETIREMENT
QWEST
$8.89
$14,974.00
$20.00
$520.47
$117.46
$3,185.59 It
$566.95
$1,244.41
$46,15
$2,376,00
$458.11
$1,034.00
$112.60
$46.86
$1,365.32
$271.74
$26,371.87
Tolal Checks
AID ELECTRIC CORPORATION
IRS/COUNTY BANK
IRS/COUNTY 8ANK - VOID
$2887,65
$3201.03
-3186.69'*
$2901.99
$29,273.86
Total checks
Total checks
CITY OF CENTERVILLE
*Check Summary Register@
I=-eb 2.Z +t-....lM"(h t=-c...lo. 2.1J LOoz.
02127/02 3:39 PM
Page 1
FEBRUARY 2002
Name
Check AmI
Check Data
10100 THE COUNTY BANK
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
ABBA TROPHY
ANOKA COUNTY
ANTHONY PELTIER
COMFORT PLUS HEATING & COOLING
CORNER EXPRESS
IRS/COUNTY BANK
MCLEOD USA
METRO SALES INCORPORATED
METROCALL
METROPOLITAN COUNCIL ENVIROMEN
MINNESOTA DEPT OF REVENUE
NATIONWIDE RETIREMENT SOLUTION
PALZER,PAUL
PRESS PUBLICATIONS
PUBLIC EMPLOYEES RETIREMENT
aWEST .
$8.89
$14,974.00
$20.00
$520.47
$117.46
$3,186.69 it
$566.95
$1,244.41
$48.15
$2,376.00
$458.11
$1,034.00
$112.80
$46.88
$1,385.32
$271.74
$26,371.87
Total Checks
AID ELECTRIC CORPORATION
IRS/COUNTY BANK
IRS/COUNTY BANK - VOID
$2887,65
$3201.03
-3186.69*
$2901.99
$29,273.86
Total checks
Total checks
I
CITY OF CENTERVILLE
*Check Summary Register@
t="-eb 2..2 +hro'4h ~la. 2.1J 2-002.
FEBRUARY 2002
"'7~I'''-;.4I44N'
Name Check Dale Check Ami
1 01 00 THE COUNTY BANK
UnPaid ABBA TROPHY $8.89
UnPaid ANOKA COUNTY $14,974.00
UnPaid ANTHONY PELTIER $20.00
UnPaid COMFORT PLUS HEATING & COOLING $520.47
UnPaid CORNER EXPRESS $117.46
UnPaid IRS/COUNTY BANK $3,186.69 11
UnPaid MCLEOD USA $586.95
UnPaid METRO SALES INCORPORATED $1,244.41
UnPaid METROCALL $48.15
UnPaid METROPOLITAN COUNCIL ENVIROMEN $2,376.00
UnPaid MINNESOTA DEPT OF REVENUE $458.11
UnPaid NATIONWIDE RETIREMENT SOLUTION $1,034.00
UnPaid PALZER, PAUL $112.80
UnPaid PRESS PUBLICATIONS $46.88
UnPaid PUBLIC EMPLOYEES RETIREMENT $1,365.32
UnPaid QWEST . $271.74
Total Checks $26,371.87
AID ELECTRIC CORPORA lION $2887,65
IRS/COUNTY BANK $3201.03
IRS/COUNTY 8ANK - VOID -3186.69 ~
$2901.99 .
Total checks
Total checks $29,273.86
02127/023:39 PM
Page 1
'~ ,J
, '
TO: Honorab]e Mayor and Council Members
FROM: Staff
SUBJECT: Reso]ution #02-003
DATE: February 22, 2002
This resolution was presented to Council at your February 13, 2002 meeting. Council
concensus was to direct staff to review general fimd balances and the 2001 budget for
unexpended fimds. Mr. McDonald received reports from Staff prior to submittal of the
transfers and felt comfortable in presenting the same to Council for consideration;
however staff requests that Council consider waiting until the 200] audit has been
completed insuring total accuracy of the balances. At that time, Council may consider
reducing the percentage of reserves retained.
Abdo, Abdo, Eick & Meyers will commence the auditing process on April 15, 2002, with
a completed audit by the end of April.
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Centennial Fire District
Check Register
2/20/02
The disbursements listed below are submitted by the Centennial Fire District for your approval:
DATE
2/19/02
2/19/02
2/19/02
2/19/02
2/19/02
2/1Wll2
2/19/02
2/19/02
2/19/02
2/19/02
2/19/02
2/19/02
2/19/02
2/19/02
2/19/02
2/19/02
2/19/02
2/19/02
2/19/02
2/19/02
2/19/02
2/19/02
2/19/02
2/19/02
2/19/02
2/19/02
CHECKtl NAME
ACCOUNT
13077
13078
13079
13080
13081
13082
13083
13084
13085
13086
13087
13088
13089
13090
13091
13092
13093
13094
13095
13096
13097
13098
13099
13100
13101
13102
Amaco Oil Company
Centerville Parents Association
Emergency Apparatus Maintenance
Heiman Fire Equipment
International Assn. Of Fire Chiefs
Loffler Business Systems
Metro Fire
Milo Bennett
Oxygen Service Company, Inc.
Owest
Rick Bangert
Stacy's Specialty Stttching
Susan Booth
Tom Thumb
USI, Inc.
Viking Office Products
Xcel Energy
North Memorial EMS Education
General Safety Equipment
Grafix Shoppe
Aspen Mills
Connexus Energy
Emergency Apparatus Maintenance
Heiman Fire Equipment
Oxygen Service Company, Inc.
Refiant Energy Minnegasco
42100 - Fuel and Lube
42190 - Fire Prevention Supplies
42000 - Vehicle Maintenance
42130 - Equipment Expense
42200 - Dues and Memberships
42110 - Other Maintenance
42130 - Equipment Expense
42130 - Equipment Expense
42270 - Breathing Air
42240 - Telephone
42130 - Equipment Expense
42190 - Fire Prevention Supplies
42280 - Miscellaneous Expense
42100 - Fuel and Lube
42180 - Office Supplies
42180 - Office Supplies
42254 - Station 2 - Electric
42220 - Travel, Conference, School
11100 - Equipment
11100 - Equipment
42120 - Uniform Expense
42252 - Station 1 - Electric
42000 - Vehicle Maintenance
42130 - Equipment Expense
42270 - Breathing Air
42253 - Station 2 - Gas
Total
1 of 1
AMOUNT
188.11
250.00
2,315.75
207.50
185.00
163.64
79.34
158.01
115.00
297.85
83.07
88.00
33.00
32.78
6.72
332.79
451.79
390.00
226,859.00
5,024.00
672.00
329.77
846.41
91.20
136.80
WM
$240,019.18
tervi[[e
'Esta6[ished l1J57
STAFF REPORT
DATE:
February 27, 2002
TO:
Mayor and City Council
Kim Moore-Sykes, City Administrator ~
FROM:
RE:
Amending the 2002 Fee Schedule
I...........................................................................
BACKGROUND
Staff is requesting two changes to the 2002 Fee Schedule Resolution. The first proposed
change is simply a change in the language regarding the Minimum Per Quarter fee under
Water Usalle Rates. Exhibit G. This is a fee that all City water customers are charged for
the maintenance of the water system. Several residents, especially those who are not
large users of water, have called thinking that we have double charged them. Staffis
proposing to change name to more accurately reflect that it is a fee rather than a
minimum charge.
The second proposed change is to add an escrow fee for final grading/sodding, as
descn'be in proposed revised language to Ordinance #4. In reviewing revisions to
Division 75: Final Gradinll and Landsca1;linll, Subd. 1, Staff found that there is a need to
amend the 2002 Fee Schedule to include an escrow fee for the proposed inclement
weather language that allows for the issuance of an occupancy pennit without the final
grading work being completed. This language was deemed necessary because of the
increasing number of winter sales and closings.
Based on the infonnation from the Building Inspector, the Public Works Director and the
City Attorney, Staff is proposing to set this escrow fee for final grading at $1,500. This
money will be refunded to the builder/contractor/property owner upon approval of the
final grading by the Building Inspector. This escrow is being established in order to
cover any financial exposure the City may have as the result of an incomplete or badly
done final grading. Once the Occupancy Permit is signed, the City loses its lever in
forcing compliance to the City's construction requirements. Holding this sum of money
in escrow simply insures that the job is done completely and correctly. Ifit is not, then
the City would have the escrowed funds to make repairs or complete the job.
RECOMMENDATION
Approve Staff's propose changes to the 2002 Fee Schedule.
I
.
" ,
.
tervi[[e
'Esta6{isnea 1857
1880 !Main Street . CenterviICe, !M'J{ 55038
(651) 429-3232 . 'fa;c (651) 429.8629
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF CENTERVILLE
RESOLUTION #02-006
FEE SCHEDULE FOR 2002
THIS RESOLUTION REPEALS RESOLUTION #01-026
THE CITY OF CENTERVILLE RESOLVES:
Section 1. The following fees for indicated sales, permits and licenses are approved:
TITLE
FEE
Animal License (Dog, Cat, Ferret)
Male or Female ................................................................$16.00
Neutered or Spayed..........................................................$ 8.00
Kennel License... ............................. ................................ .$26.00
Administratively
Pro-Rated
Antenna Permit Application Fee.............................................$1,50o.00
Assessment Search........................... ........................................... .$20.00
Bingo Permit ................... ..... .................. ................................... ...$15 .00
Building Pemlits ..................................................... See Exhibit "A"
Cigarette License....................................................................... ..$7 5 .00
Council Chamber RentaL................................................... Group 1 - No Charge
.............................................................................................. Group 2 - Voluntary $10.00
.............................................................................................. Group 3 - $25.00 per hour
Charitable Gambling:
Investigative Fee................. ..... ...................................... ..$50.00
Permit Fee............................... .............. ........................ ...$20.00
Commercial Rubbish Collection License Fee............................$25o.o0
(Exclusive to Commercial and Industrial Businesses)
Damage Deposit................................................. ....................... .$200.00
Dance Permit..... ...................................... .......... ........................ .$1 00.00
Electrical Permit Fees ............................................... See Exhibit "I"
.
Filing Fees..................................................................................... .$2.00
Fill Permit ................................................................See Exhibit "B"
Final Grading and Landscaping Escrow.................................$1,500.00
Grading Permits .......................................................See Exhibit "B"
Liquor Licenses:
3.2 Beer Permit - Special Events.....................................$35.00 plus $5.00 for each
add'l day
Off-Sale Liquor ............................................... ............. ..$1 00.00
Off-Sale Non-Intoxication Liquor ...................................$20.00
On-Sale Liquor.............................................See Exhibit "c"
On-Sale 3.2 Liquor....................................................... ..$250.00
Sunday Liquor License ..................................................$200.00
Wine License.................................... ............................ .$300.00
Lot Split .....................................................................................$175.00 plus legal fees
Maps and Charts (24" x 36") .......................................................$10.00
Park Dedication Fees - per dwelling unit
Land Dedication!
Trail Dedication ..........................................................$2,000.00
Park Ball Field Use - Per Tournament ......................................$200.00
Park Facility Usage Fees......................................... See Exhibit "H"
Permit Surcharge..................................................... See Exhibit "D"
Photo Copies ....................................................................................$.25 per page (one sided)
Plumbing Permits..................................................... See Exhibit "E"
Preliminary Plat Fee - Filing .....................................................$250/Lot or Unit
PUD Application Fee ................................... ..............................$500.00
Rental Certification......................................................................$50.00 for 151 unit/$1O.00 per
unit thereafter
Penalty: $50.00 per day of Non-compliance
Research Charge ..........................................................................$30.00 half hour minimum
......................................................................................................$50.00 for each hour thereafter
Rezoning Requests.....................................................................$250.00 plus additional expenses
Residential Equivalent Unit ....................................................$2,000.00
Sewer Availability Charge (SAC) ..........................................$1,200.00
Sewer Utility Billing (Quarterly) .................................................$49.00 per uniUlO% late fee
Senior Discount...........................................................................$46.00 per uniUIO% late fee
Special Use Permit.....................................................................$175.00 plus legal & engineering fees
Storm Water Area Charge (Developer's Agreement) .01546 per square foot
Residential..... ... ..... ..... ...... ........ '" .... ..... ......... ............ ..... ..... ...... .$200IUnit
Commercial/Industrial.....................................................................$.05 per square foot of building,
Parking or impervious
surfaces
Storm Water Management Fee (quarterly) ...................................$3.00
Transient Sales ......................................................... See Exhibit "F"
Variance Request (Non-Refundable) .........................................$175.00
.pvater Hook Up .......................................................................$1 ,500.00
Water Meter Deposit............................................... See Exhibit "G"
Water Meter/MID ........................................ ............................ ..$290.00
Water Utility Billing ............................................... See Exhibit "G"
Section 2. These fees shall become effective on approval by the City Council of the City of
Centerville.
ADOPTED BY THE CITY COUNCIL OF CENTERVILLE ON December 12,2001.
Mayor Tim Swedberg
ATTEST:
Kim Moore-Sykes, City Administrator
EXHWIT A
BUILDING PERMIT FEES
TOTAL VALUATION
FEE
Basement (Finishing) ................................... $75.00
$1.00 TO $500.00........................................ $29.50
$501.00 TO $2,000.00................................. $29.50
For the first $500.00 plus $3. 82 for
each additional $100.00 or fraction
thereof, to and including $2,000.00
$2,001.OQtQ$25,000.00 .............................. $86.80
For the first $2,000.00 plus $17.50 for
each additional $1,000.00,
or fraction thereof, to and including
$25,000.00
25,001.00 to $50,000.00 ............................ $489.30
For the first $25,000.00 plus $12.63 for
each additional $1,000.00
or fraction thereof, to and including
$50,000.00
$50,001.00 to $100,000.00 ........................ $804.95
For the first $50,000.00 plus $8.75 for
each additional $1,000.00, or
fraction thereof, to and including
$100,000.00
$100,001.00 to $500,000.00 ................... $1,242.45
For the first $100,000.00 plus $7.00 for
each additional $1,000.00, or
fraction thereof, and including
$500,000.00
$500,001.00 to $1,000,000.00................ $4,042.45
For the first $500.00 plus $5.94 for
each additional $1,000.00, or
fraction thereof, to and including
$1,000,000.00
$1,000,001.00 and up.............................. $7,010.94
For the first $1,000,000.00 plus
$4.56 for each additional
$1,000.00, or fraction thereof
Other Inspections and Fees:
1. Inspections outside of normal business hours
(minimum charge - two (2) hours) ..................................
2. Reinspection fees assessed under provisions
of Section 305.8 ...............................................................
3. Inspections for which no fee is specifically
indicated.......................................................................... .
$58.75 per hour
$58.75 per hour
$58.75 per hour
EXHIBIT B
GRADING PERMIT FEES
GRADING FEES
General. Fees shall be assessed in accordance with the provisions of this section or shall be as set
forth in the fee schedule adopted by the jurisdiction.
Plan Review Fees. When a plan or other data are required to be submitted, a plan review fee shall be
paid at the time of submitting plans and specifications for review. Said plan review fee shall be set
forth in Table A33-A. Separate plan review fees shall apply to retaining walls or major drainage
structures as required elsewhere in this code. For excavation and fill on the same site the fee shall be
based on the volume of excavation or fill, whichever is greater.
Grading Permit Fees. A fee for each grading permit shall be paid to the Building Official as set forth in
Table A33-B. Separate permits and fees shall apply to retaining walls or major drainage structures as
required elsewhere in this code. There shall be no separate charge for standard terrace drains and
similar facilities.
TABLE A33-A GRADING PLAN REVIEW FEES
50 cubic yards (38.2 m3) or less ....................................................................No Fee
51 to 100 cubic yards (40 m3 to 76.5 m3).....................................................$35.25
101 to 1,000 cubic yards (77.2 m3 to 764.6 m3)..........................................$55.50
1,001 to 10,000 cubic yards (765.3 m3 to 7645.5 m3) ..................................$73.88
10,001 to 100,000 cubic yards (7646.3 to 7645.5 m3) - $73.88 for the first
10,000 cubic yards (7645.5 m3), plus $36.75 for each additional
10,000 cubic yards (7645.5 m3) or fraction thereof.
100,001 to 200,000 cubic yards (7645.6 m3 to 15,291.1 m3) - $404.63 for the
first 100,000 cubic yards (7645.5 m3), plus $19.88 for each additional
10,000 cubic yards (7645.5 m3) or fraction thereof.
200,001 cubic yards (15,291.2 m3) or more - $603.38 for the first $200,000 cubic
yards (l5,291.1 m3), plus $10.88 for each additional 10,000 cubic years
(7645.5 m3) or fraction thereof.
Other Fees:
Additional plan review required by changes, additions or revisions to approved plans
(minimum charge - one-halfhour)................................................................$75.75 per hour*
*Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include
supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved.
EXHIBIT B
LANDFILL, GRADING AND EXCAVATING PERMIT FEES (Cont'd)
GRADING PERMIT FEES*
50 cubic yards (38.2 m3) or less ....................................................................$35.25
51 to 100 cubic yards (40 m3 to 76.5 m3) ......................................................$55.50
101 to 1,000 cubic yards (77.2 m3 to 764.6 m3) - $55.50 for the first lOa cubic yards
(76.5 m3), plus $26.25 for each additional100 cubic yards (76.5 m3) or fraction
thereof.
1,001 to 10,000 cubic yards (765.3 m3 to 7,645.5 m3) - $291.75 for the first 1,000
cubic yards (764.6 m3), plus $2 I .75 for each additional 1,000 cubic yards
(764.6 m3) or fraction thereof.
10,001 to 100,000 cubic yards (7,646.3 m3 to 7,645.5 m3) - $487.50 for the first 10,000
cubic yards (7,645.5 m3), plus $99.00 for each additional 10,000 cubic yards
(7,645.5 m3) or fraction thereof.
100,001 cubic yards (7,645.6 m3) or more - $1,378.50 for the first 100,000 cubic yards
(7,645.5 m3), plus $54.75 for each additional 10,000 cubic yards (7,645.5 m3)
or fraction thereof.
Other Inspections and Fees:
1. Inspections outside of normal business hours ...................................$75.75 per hour
(minimum charge - two hours)
2. Reinspection fees assessed under provision of Section 108.8...........$75.75 per hour
3. Inspections for which no fee is specifically indicated.......................$75.75 per hour
(minimum charge - one-half hour)
*The fee for a grading permit authorizing additional work to that under a valid permit shall be the
difference between the fee paid for the original permit and the fee shown for the entire project.
**Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include
supervision, overhead, equipment, hourly wages and fringe benefits ofthe employees involved.
EXHIBIT C
ON-SALE LIQUOR L1CESE FEES
Based on square footage: ...................................................................$0.60 per sq ft for interior
.... .... ...... .............. ....... ........... ... .... .................. ........ .... ... ...... ... ..... ..... ...$0.30 per sq ft for exterior
Minimum: .. ............... .............. .... ....... ..... ........ ... ... .... ... ........ ...... ..... ...$2,500.00
Maximum:.. .... ........... ............... ... ............ ....... ............... ..... ......... .... ...$4,000.00
EXHIBIT D
PERMIT SURCHARGE
Subdivision 1. Computation. To defray the costs of administering sections 16B.59 to 16B.73, a
surcharge in imposed on all permits issued by municipalities in connection with the construction of or
addition of alteration to buildings and equipment or appurtenances after June 30, 1971, as follows:
If the fee for the permit issued is fixed in amount the surcharge is equivalent to one-half mill (.0005) of
the fee or 50 cents, whichever amount is greater. For all other permits, the surcharge is as follows:
(I) If the valuation of the structure, addition, or alteration is $1,000,000 or less, the surcharge is
equivalent to one-half mill (.0005) of the valuation of the structure, addition, or alteration;
(2) If the valuation is greater than $1,000,000 the surcharge is $500 plus two-fifths mill (.0004)
of the value between $1,000,000 and $2,000,000;
(3) If the valuation is greater than $2,000,000 the surcharge is $900 plus three-tenths mill
(.0003) of the value between $2,000,000 and $3,000,000;
(4) If the valuation is greater than $3,000,000 the surcharge is $1,200 plus one-fifth mill (.0002)
of the value between $3,000,000 and $4,000,000;
(5) If the valuation is greater than $4,000,000 the surcharge is $1,400 plus one-tenth mill
(.0001) of the value between $4,000,000 and $5,000,000;
(6) Ifthe valuation exceeds $5,000,000 the surcharge is $1,500 plus one-twentieth mill (.00005)
of the value that exceeds $5,000,000.
EXHIBIT E
PLUMBING AND HEATING PERMITS
1. Plumbing Permits
A. The charge shall be five dollars ($5.00) (not to exceed $100) for each plumbing fixture,
device or connection to the sewer or plumbing system, with a minimum charge of fifteen
dollars ($15.00)
B. For any alteration, repair or extension to an existing plumbing system, where the work is
of such a nature that the permit fee charge cannot be determined from the above
schedule, the permit fee shall be thirty dollars ($30.00) first five-hundred dollars
($500.00) or fraction thereof, plus fifteen dollars ($15.00) for each additional five-
hundred dollars ($500.00) or fraction thereof of the total market value of such alteration,
repair or extension.
2. Mechanical Permits
The charge for a residential dwelling shall be twenty dollars ($20.00) for the following:
. Main Gas Line Piping
. Furance
. Air conditioner
. Boiler
. Air Exchanger
. Fireplace
. Unit heater
. Gas Dryer
. Gas Stove
. General Sheet Metal
. Duct Work
. Miscellaneous Mechanical Fixtures
. Pool Heater
A minimum charge of twenty dollars ($20.00) for fireplaces.
The charge for commercial, industrial or institutional building shall be:
Two percent (2%) of the total cost oflabor and materials of the heating,
Ventilation and air conditioning work to be completed.
Work commenced without first obtaining a permit shall be charged an investigative fee
equal to permit fees.
EXHIBIT F
TRANSIENT SALES
A. The following fees for Transient Sales - Conditional Use Permits are:
Application Form....................... ....................... ..:............. .$5 .00
Transient Sales License Base Fee ....................................$75.00
B. The following fees are additional time period fees:
Per day .............................................................................$1 0.00
Per week................ _............................... ......................... ..$30.00
Per month........................... ................... .......... ............... ..$60.00
Per year......................................................................... .$150.00
C. The following fees are to be deducted from the Conditional Use Permit fee if granted:
Cost of Application Form ............................,.....................$5.00
D. The fees shall become effective on approval by the City Council of this resolution.
EXHIBIT G
WATER UTILITY BILLING
Water Permit Fees
Service/Connection... ....... ................ ..... ....... ................... .$55 .00
Tapping Main... .... ..... ....... ............... ........ ............ ............ .$50.00
Disconnection Requests........... ................................ ....... .$20.00
Inspections (All)....................... ................................ ....... .$20.00
Service Char~es
Testing
Up to 2" Meters................................................................$25.00
Up to 3" Meters................................................................$30.00
Up to 4" Meters................................................................$35.00
Up to 6" Meters................................................................$40.00
Violation Penalties - Shut Off.........................................$25.00
Water Meter Deposit
5/8" Meter................................ ................... ................. ..$290. 00
Special and other sizes ............................Cost plus Handling
(These Rates are Subject to Tax)
Unit Connection Charge
Residential..... ....... ...... ......... .............. ... .............. ...... ...$2,900.00
Non-Residential per REC ...........................................$2,900.00
Water Usage Rates .~ <yW
........~~?r-,...~~...................................... + $1.70/1,000 gallons
Mimmuml'er Qmiher .......~r..............................................$17.00
Penalty/Late Payment ........................................................10% of balance
Use of Meter & Hydrant
..... ... .... ............ ...................... ... .......... .......... ........ ... ....... .$750.00 Deposit
. .................................. .............................. ........... ............ ..$20.00 Connection Fee
................................................... ........... ............................. .$4.00/1 ,000 Gallons
EXHIBIT H
CENTERVILLE PARKS AND RECREATION DEPARTMENT
PARK FACILITY USAGE FEES
Residents, Non-profit organizations
Security Deposit.... .................... ............ ........... ............. .$1 00.00*
Concession Facility Fee ...................................................$25.00**
Field Rental Fee ........................................................ Waived
Lighting Fee ....................................................................NI A
Key Fee............ ........ ..... ._._.................... ...................... .$20.00
($15.00 refunded when key is returned)
Non-resident
Security Deposit...... ...................................................... .$1 00.00*
Concession Facility Fee .................................................$150.00 per tournament
Field Rental Fee .............................................................$100.00 per field
Field Rental Fee .............................................................$200.00 per tournament
Lighting Fee..... ......................................... ...................... NI A
Key Fee............................................................ ............. ...$20.00
($15.00 refunded when key is returned)
*If fields and facilities are left in good condition and if all trash is picked up, the security deposit will
be refunded. If these conditions are not met, repairs and/or cleanup costs will be deducted from the
security deposit. The security deposit must be submitted with the application.
**Per event or per season for youth leagues.
,
'.
, ervi{[e
'Esta6Cislierf 1857
11180 :Alain Street .. Centervi[[e, :A1':J.!.. 55038
(651) 429.3232 . '1(1)( (651) 429.8629
February 19, 2002
To Lake Shore Residents of Lake Peltier:
This letter is to notifY you of a proposed zoning designation on Peltier Lake. Specifically, the cities of
Centerville and Lino Lakes are proposing to initiate and draft joint power ordinances to create a slow,
no-wake zone around the island areaofPeltier Lake. The purpose of this zoning designation is to
protect the great blue heron and white egret nesting habitats on Peltier Island, and to minimize
environmental impacts that may occur due to high-speed watercraft activities occurring on the
perimeter of the island.
The Ordinance would create a "slow, no-wake speed" 24 hours per day, all year in an area to the north
of the southern section lines of Section 10 and 11 on a line extending east and west, starting at the
southern boundary of Rehbein's Peltier View Subdivision ofLino Lakes.
The following are proposed meeting dates for the cities ofCenterville and Lino Lakes. These meetings
are open meetings and anyone interested in this issue are encouraged to attend.
Meetinll Dates for the Adoption of the No Wake Zone on Lake Peltier:
2/6 Wed. Introduce topic to Lino Lakes - get approval for public hearing
2/7 Thurs. Environmental Committee meeting
* 2/13 Wed. Introduce topic to Centerville council- get approval to have a public hearing
2/20 Wed. Worksession with Lino Lakes
2/25 Mon. Lino Lakes Council Meeting
* 3/5 Tues. Introduce proposed Ordinance at Centerville Planning and Zoning Meeting
3/1 1 Mon. First Public Hearing in Lino Lakes
* 3/13 Wed. First Public Hearing in Centerville at the City Council Meeting
3/25 Mon. Second Public Hearing'in Lino Lakes
* 3/27 Wed. Second Public Hearing Centerville (begin 30 day wait)
* 4/27 Sat. Ordinance becomes effective
* Centerville meeting dates
A copy of the proposed No Wake Zone on Lake Peltier is enclosed for your information. Should you
have any additional questions or concerns, please feel free to contact me at City HaIl, 1880 Main
Street, Centerville, MN or call me at 651-429-3232.
Sincerely,
~~AL
City Administrator
;~I;tervi[{e
'Estaflisliea 1857
1880 g.,[ain Street " CentemlTe, Mg{ 55038
(651) 429-3232 .. :fa;r:. (651) 429-8629
February 19, 2002
Mr. Dean Keller, President
Spring Lake Park Lions
8433 Center Drive
Spring Lake Park, MN 55432
Dear Mr. Keller:
On behalf of the Centerville City Council and the Centerville Parks and Recreation
Committee, we would like to sincerely thank you and the Spring Lake Park Lions for
your contribution of$I,913 for the City's parks. We certainly appreciate your
consideration and generosity.
Sincerely,
~~-
Kirii. Moore-Sykes
City Administrator
cc. City Council
Park and Recreation Committee
1--
.tervi{{e
'EstafJ{isfteti 1.857
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF CENTERVILLE
NOTICE OF COUNCIL MEETING REGARDING THE EXTENSION OF
CITY WATER SERVICES FROM AN EXISTING WATER
V ALVElHYDRANTIMAIN LOCATED AT 1694 LAKELAND CIRCLE,
NORTHWESTERLY ALONG COUNTY ROAD 14 (MAIN STREEl) TO THE
SOUTHEASTERN CORNER OF 1475 MOUND TRAIL TO SERVICE
RESIDENTS ALONG SAME AND THE SUBDIVISION KNOWN AS "THE
SHORES"
NOTICE IS HEREBY GIVEN, that the Council of the City of Centerville will further
consider the extension of city water services from an existing water valve/hydrant/main
located at 1694 Lakeland Circle, northwesterly along County Road 14 (Main Street) to
the southeastern comer of 1475 Mound Trail to service residents along same and the
subdivision known as "The Shores". Information will be presented by the City of
Centerville's engineering firm of Bonestroo, Rosene, Anderlik and Associates for the
above stated purpose. The meeting is scheduled for Wednesday, February 27, 2002 at
6:30 p.rn. or shortly thereafter.
The City Hall is ADA accessible. Requests for hearing assisted devices or a sign
language interpreter must be received before 4:00 p.rn. February 25, 2002. All persons
interested are invited to attend and to be heard, orally or in writing. You may call City
Hall (651) 429-3232 if you have any questions regarding this issue.
February 20, 2002
Is! Kim Moore-Sykes, City Administrator
1-
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF CENTERVILLE
ORDINANCE #68
AN ORDINANCE REGULATING THE SURFACE USE OF MOTORIZED
WATERCRAFT ON PEL TIER LAKE.
Be it ordained and enacted by the City Council of CenterviIle, State of Minnesota, that
these amendments following, by this act, hereby replace and nullify those like numbered
clauses now existing and a part of Centerville Ordinance #68, or are newly enacted
sections which, upon their ena-ftment, become part of Centerville Ordinance #68.
Section 1: PURPOSE, INTENT AND APPLICATION: As authorized by Minnesota
Statutes 86B.20I.86B205, and 459.20, AND Minnesota Rules 6ll0.3000-61 10.3800 as
now in effect and as hereafter amended, this Ordinance is enacted for the purpose and
with the intent to control and regulate the use of the water of Lake Peltier in Anoka
County Minnesota, said body of water being located within the boundaries of the City of
CenterviIle and City ofLino Lakes, to promote its fullest use and enjoyment by the public
in general; to insure safety for persons and property in connection with the use of said
waters, to minimize adverse impact on natural resources, to harmonize and integrate the
varying uses of said waters, and to promote the general health, safety and welfare of the
citizens of Centerville, Minnesota.
Section 2: DEFINITIONS: Terms used in this ordinance related to boating are defined
in M.S.86B.005.
Section 3: SURFACE ZONING OF PELTIER LAKE BY RESTRICTING SPEEDS
AND AREAS OF ACTIVITY:
(a) Slow no-wake speed 24 hours per day all year in an area to the North
of the Southern section lines of Section 10 and 1 I of Township 3lN
Range 22W starting at the southern boundary of Rehbcins Peltier View
Subdivision of Lino Lakes will be enforced.
Section 4: ENFORCEMENT: The Primary responsibility for enforcement of this
ordinance shall rest with the Anoka County Sheriffs Department and the Centerville
Police Department. This, however, shall not preclude enforcement by other licensed
peace officers.
Section 5: EXCEPTIONS: All authorized Resource Management, Emergency and
Enforcement Personnel, while acting in the performance of their assigned duties, are
exempt from the foregoing restrictions.
1--:-
Section 6: NOTIFICATION: It shall be the responsibility of the Anoka County Patks
and Recreation Department to provide for adequate notification of the public, which shall
include placement of a sign at each public watercraft access outlining essential elements
of the ordinance, as well as the placement of necessary buoys and signs.
Section 7: PENAL TIES: Any person who shall violate any of the provisions of this
Ordinance shall be guilty of a misdemeanor with a fine of
Section 8: EFFECTIVE DATE: This Ordinance shall be in effect from and after the
date of its passage and publication.
Passed by the City Council of Centerville on this _ day of
,2002.
Mayor, Tim Swedberg
City Clerk, Teresa Bender
r
Memo
Date:
February 22, 2002
To:
Honorable Mayor and Council Members
From:
Council Member Mary Capra
RE:
FYI downtown resident concern
Mr. Dave Kilian of 1695 Sorel Street attended the February 20th special meeting
regarding the liquor ordinance for the City of Centerville. After the meeting Mr. Kilian
informed me of a concern he would like to have the council aware of while working
towards revisions of the liquor ordinance.
Mr. Kilian has concerns regarding after 10:00 p.rn. and before 7:00 a.m. noise ordinance
as it relates to the bars outside activities and use of liquor outside of the bar area. He
stated residents in the downtown area and often disturbed by the late hour use of the
volleyball courts and deck at Kelly's during the summer hours.
1 expressed to Mr. Kilian that 1 would forward his concerns on to the council.
Thank you for your time and consideration of this issue.